Transcript - State V Marvin Adams 07-11-12!07!12-12 Vol I of I

NORTH CAROLINA HALIFAX COUNTY STATE OF NORTH CAROLINA V. MARVIN LYKEITH ADAMS, Defendant.
IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 11 CRS 50643, 50644
Transcript of jury trial heard on July 11 and 12, 2012, in Halifax County Criminal Superior Court, before the Honorable Alma L. Hinton, Judge Presiding.
APPEARANCES: FOR THE STATE: Mr. Norlan W. Graves Halifax County D.A.'s Office P.O. Box 126 Halifax, NC 27839 FOR DEFENDANT: Mr. Jamal Summey Webb, Webb & Summey P.O. Drawer 389 Scotland Neck, NC 27874
Reported by:
Rhonda B. Earley, CVR-CM-M Official Reporter, Judicial District 6A Transcript Order Dated: Transcript Delivered/Mailed: 07/16/12 08/06/12
1 2 STATE'S WITNESSES 3 James Marshall 4 5 6 7 8 Joanne Robinson 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 STATE RESTS DEFENSE RESTS CHARGE CONFERENCE JURY CHARGE VERDICTS/SENTENCING STATE'S EXHIBITS #1 #2 #3 #4 #5 #6 #7 Joshua Clark Christy Hudson
TABLE OF CONTENTS PAGE # Direct by Graves Cross by Summey Redirect by Graves Recross by Summey Direct by Graves Cross by Summey Redirect by Graves Recross by Summey Direct by Graves Cross by Summey Redirect by Graves Recross by Summey Direct by Graves Cross by Summey Redirect by Graves Recross by Summey MARKED 89 93 93 93 98 110 151 35 63 130 14 27 44 46 50 57 69 70 71 77 84 85 87 126 145 162 ADMITTED 168 157 157 157 101 113 159 ---PAGE # 169 177 177 189 200
Field Notes (Clark) Photograph Photograph Photograph Statement (J.Marshall) Rights & Statement (defendant) Video/CD
DEFENDANT'S EXHIBITS #1 - Statement (J.Marshall) (same as State's #5) #2 - ADA Kanter Morris's notes #3 - Field notes (Clark) (same as State's #1)
M.L.Adams, Halifax 11 CRS 50643-44, 07/11/12
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 have a seat.
PROCEEDINGS, 07/11/12, 10:02 AM THE COURT: Is the State prepared to
call its next case for trial? MR. GRAVES: Your Honor, at this time
the State calls the case of State v. Marvin Adams. THE COURT: gentlemen of the jury. Good morning, ladies and
The State has now called for
trial the cases of Marvin Adams. Mr. Adams, would you stand and face the jury, please. (The defendant stood.) THE COURT: Thank you, sir. You may
Mr. Adams is represented by attorney Jamal Summey. And the State of North Carolina will be
represented by Assistant District Attorney Norlan Graves. In these cases Mr. Adams is charged with larceny of a chose in action, possession of stolen goods, and attempt to obtain property by false pretenses. To these charges Mr. Adams has entered a These alleged offenses took place
plea of not guilty.
on January 3, 2011, the victim being Joanne Robinson. After a jury has been selected and impaneled in this case, you will hear the evidence.
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The evidence is presented according to certain rules of law. I as the judge will enforce those rules and
determine what evidence may be admitted. After all of the evidence has been presented and after you have listened to the arguments of counsel, I will instruct you on the law you are to apply to the evidence in the case. It is your duty to
apply the law as I give it to you and not as you think it is or as you might like it to be. This is important
because justice requires that everyone tried for the same crime be treated in the same way and have the same law applied to them. At this point you are not expected to know the law. The lawyers will not ask you questions
about the law except to ask if you can follow the law as given by the Court. As I told you, the defendant has entered a plea of not guilty. Under our system of justice,
when a defendant pleads not guilty, he is not required to prove his innocence; he is presumed to be innocent. This presumption remains with the defendant throughout the trial until the jury selected to hear his case is convinced from the facts and the law of the defendant's guilt beyond a reasonable doubt. The burden of proof is on the State to
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prove the defendant guilty beyond a reasonable doubt. A reasonable doubt is not a vain or fanciful doubt. It
is a doubt based on reason and common sense arising out of some or all of the evidence that has been presented or the lack or insufficiency of the evidence, as the case may be. Proof beyond a reasonable doubt is proof
that fully satisfies or entirely convinces you of the defendant's guilt. There is no burden or duty of any kind on the defendant. The mere fact that he has been A charge
charged with a crime is no evidence of guilt.
is merely a mechanical or administrative way by which a person is brought to trial. If the State proves the defendant guilty beyond a reasonable doubt, then the function of the jury by its verdict is to say guilty. If the State
fails to prove or if you have a reasonable doubt, then the function of the jury of course is to say not guilty. At this point I am going to ask the Clerk to call 12 names at random. If your name is
called, please rise and come forward and have a seat where you are directed by the bailiff. (Jury selection) (Twelve jurors and an alternate were
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selected.) (Twelve jurors and an alternate were duly impaneled - 12:01 PM.) THE COURT: Ladies and gentlemen, at
this time I want to explain to you the manner in which we will proceed as we attempt together to find the truth in this case. First the lawyers will have an opportunity to make opening statements. statement is narrow and limited. An opening
It is an outline of
what the attorney believes the competent and admissible evidence will be. An opening statement is not evidence The
and should not be considered by you as evidence. evidence will come in the form of testimony of
witnesses, admissions of the parties, stipulations of counsel, and any physical exhibits which may be offered by the parties. Following opening statements, evidence will be offered, witnesses will be placed under oath and questioned by the lawyers. It may be that
documents or other tangible exhibits may be offered and received as evidence. If an exhibit is given to you to
examine, you should examine it carefully, individually, and without comment to your fellow jurors. It is the right of the lawyers to object
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when testimony or other evidence is offered which the lawyer believes is not admissible. When the Court
sustains an objection to a question, you as jurors must disregard the question and the answer if one has been given and draw no inference from the question or the answer or speculate as to what the answer would have been had the witness been permitted to answer. When the Court overrules an objection to any evidence, you must not give any such evidence any greater weight than you would had the objection not been made. If the Court grants a motion to strike all
or part of the answer of a witness to a question, you must disregard and not consider the evidence which has been stricken. During the course of this trial, it may be that questions of law will arise that need to be considered by the Court out of the presence of the jury. When this happens, I may ask that you go to the You should not worry
jury room for just a few minutes.
or speculate about what takes place in the courtroom during your absence. We will merely be considering
questions of law that need to be considered by the Court out of the presence of the jury. All of the
competent and admissible evidence will be admitted while you are present in the courtroom.
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When the evidence is completed, the lawyers will have an opportunity to make final arguments or statements to you. The final arguments of
the attorneys are not evidence but are given to assist you in evaluating the evidence. Finally, just before you retire to consider your verdict, I will give you further instructions on the law that applies to this particular case. At that time I will declare and explain to you
the law arising on the evidence, and then you will be taken to the jury room to deliberate on your verdict. While you serve as a juror in this case, it is imperative that you follow the following rules. First, you must not talk about the case among yourselves. The only place you may talk about
the case is in the jury room and then only after I have instructed you to begin your deliberations. Second, you must not talk about the case with anyone else, including your family members, or allow anyone else to talk about the case in your presence. If anyone communicates or attempts to
communicate with you about this case, you must notify the Court of that immediately. Third, while you sit as a juror in this case, you are not to form an opinion about the guilt or
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innocence of the defendant, nor are you to express to anyone an opinion about the case until I have instructed you to begin your deliberations. Fourth, you must not talk or communicate in any way with any of the parties in the case, any of the lawyers, or any of the witnesses. This rule
applies inside as well as outside the courtroom, and it prohibits any type of conversation whatsoever, whether about the evidence in the case, the weather outside, or just to pass the time of day. Fifth, you must not read about this case in the newspaper or listen to any radio broadcasts or watch any television reports about this trial or any Internet accounts, if there be any. Newspaper, radio,
television, and Internet accounts may be inaccurate and may contain things which are not proper for your consideration. Your verdict must be based exclusively
on what you hear in this courtroom. Sixth, you must not visit the scene or the place that is the subject matter of this trial or make any independent investigation into the subject matter of this trial. Each of you must obey these rules to the letter. Unless you do so, there is no way the State of
North Carolina or the defendant can be assured of your
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absolute fairness and impartiality.
It is your duty
both while the trial is in progress or while it is in recess or while you are in the jury room to see that you remain a fair and impartial trier of the facts. I am going to ask the sheriff to hand to you now a juror badge. I am going to ask that you wear
your juror badges prominently as you move around the courthouse and over the luncheon recess. The purpose
of the jury badges is to alert people who may know something about the case or be connected to the case of your presence so they will curtail their conversations around you. I will ask that you wear them prominently
so they can be seen. The jury is with the State for opening statement. (Mr. Graves made an opening statement.) MR. SUMMEY: THE COURT: luncheon recess. We waive opening. We are going to take our
I want to remind you of the duties It is your duty not It is your
that I listed for you previously.
to talk among yourselves about this case.
duty not to talk to the parties, witnesses, or counsel about anything. It is your duty not to talk with
anyone else or allow anyone else to talk or say anything about this case in your presence. If anyone
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communicates or attempts to communicate with you about this case, you must report that to the Court immediately. You have a duty not to form an opinion
about the guilt or innocence of the defendant or express an opinion about the case as it is thus far. Please avoid reading, watching, or listening to any news accounts of the trial, if there be any. Finally,
you have a duty not to go to any place where these alleged acts were alleged to have been committed. Please continue to wear your badges. you want to have lunch with someone on the jury, you may do that, but please refrain from discussing the case until I have instructed you to begin your deliberations. I will ask the sheriff to show you how to get in the jury room and ask that you gather there at 2 o'clock, and we will proceed with the evidence in this case. Thank you. Have a good lunch. I will see If
you at 2 o'clock. (Jury Absent - 12:16 PM:) THE COURT: Let the record reflect that Anything
we are outside the presence of the jury. before we take our recess? MR. GRAVES: MR. SUMMEY: No. No.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 o'clock.
THE COURT:
Sheriff, take a recess until
(Recess - 12:17 PM to 2:11 PM) (Jury not present, 2:11 PM:) MR. GRAVES: THE COURT: MR. GRAVES: Your Honor, just briefly -Yes, sir? Your Honor, the State has
learned of the possibility of Attorney Summey possibly calling a rebuttal witness, being Ms. Kanter Morris, who was formerly employed in our office. And the State
would just request if there are any written statements to that effect from that potential witness, that they be turned over and that the Court provide some type of cautionary instruction regarding her testimony only as an impeachment witness. THE COURT: MR. SUMMEY: Mr. Summey? If Your Honor please, I was
provided -- it came to my knowledge that Ms. Hudson had not been interviewed formally by law enforcement in this case. So Ms. Morris actually took a statement
from the witness, the main witness in the case, on August 22, 2011. She provided -From Ms. Hudson? Yes, ma'am. When she was
THE COURT: MR. SUMMEY:
with the DA's office, Ms. Morris was prepping this case
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for trial, and she realized that no one had ever taken a statement from Ms. Hudson. So she provided me her
statement in supplemental discovery. THE COURT: When she was in the DA's
office, she provided you with a statement? MR. SUMMEY: Exculpatory, yes, ma'am.
So if Ms. Hudson -- I guess if Ms. Hudson gets up on the witness stand and says something contrary to what she told Ms. Morris, it is my intention to call Ms. Morris. THE COURT: But you don't have any
statements from Ms. Morris as a witness? MR. SUMMEY: Judge, that I plan to use. MR. GRAVES: that. THE COURT: The statement that you are And the State does have This is the only statement,
holding up now, for the record, is the statement that you got from Ms. Morris when she was employed with the DA's office in discovery? MR. SUMMEY: THE COURT: the contrary? MR. GRAVES: THE COURT: No, Your Honor. I will remind counsel of Yes, ma'am. Do you know of anything to
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their continuing obligation to disclose any statements that may come to your knowledge. MR. SUMMEY: Yes, ma'am. Also for the
record, I believe Mr. Graves has also spoken to Ms. Morris -- and Mr. Warner, for that matter. THE COURT: MR. GRAVES: THE COURT: please. (Jury Present - 2:13 PM:) THE COURT: witness. MR. GRAVES: Mr. James Marshall. (James Marshall, being first duly sworn/affirmed, testified as follows:) DIRECT EXAMINATION BY MR. GRAVES - 2:14 PM: Q. Mr. Marshall, could use please state Your Honor, the State calls You may call your first Anything else? No, Your Honor. Ask the jury to come in,
your full name for the Court. A. Q. A. North Carolina. Q. A. Mr. Marshall, are you employed? Yes, I am. James Junior Marshall. Where do you reside, Mr. Marshall? 252 Lee Lane Road, Roanoke Rapids,
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Q. A.
Where at? West Fraser in Seaboard, North
Q. A. Q.
What do you do for West Fraser? I am a throw worker. How long have you been employed
A. Q.
Going on three years. The individual seated at the Are you
defendant's table is named Marvin Adams. familiar with him? A. Q. A. Q.
Just on account of this incident. Have you ever seen him before? Not prior to this incident. Just focusing on this incident, did
you see him on a certain date? A. Q. Yes. Was that January 3 -Objection. Don't lead your witness.
MR. SUMMEY: THE COURT: Q.
Did you come into contact with
Mr. Adams on January 3 -MR. SUMMEY: THE COURT: Q. Objection. Don't lead your witness.
Have you ever made contact with
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Mr. Marvin Adams? A. Q. Yes, I have. Was that on January 3, 2011? Objection. Don't lead your witness.
MR. SUMMEY: THE COURT: Q. A. itself.
What was that date, Mr. Marshall? I can't really recall the date
But it was sometime in January, January a year As a matter of fact, it has been almost two
or so ago. years.
I don't know the specific date. Q. Focusing on that day, what happened
on that day that you made contact with Mr. Adams? A. work. cold. What I had done, I had just got off
The type of work that I do -- I remember it was My coveralls had got dirty, because sometimes I What I did when I got off work, I
have to clean up.
went to the laundromat on Tenth Street to wash my coveralls. So I was sitting there halfway looking at I saw this
TV, but I was looking out the window, too. gentleman come up. Q. you referring to? A. So --
When you say this gentleman, who are
This gentleman right here.
So he
came over where I was and asked me would I take him to the bank. So I told him no. He asked me again, and I
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told him no.
So the third time he said, if you take me So I figured -- I said
to the bank, I'll give you $10.
I could leave my clothes washing and could take him to the bank and get the $10 gas money or whatever and come on back. And that's what I did. Once we proceeded to the bank -- as a matter of fact, he told me what bank to go to. proceeded to the bank -Q. A. Q. A. Q. A. What bank did he tell you to go to? First Citizens. Was that in Roanoke Rapids? Roanoke Rapids, uh-huh (yes). What happened next? As we proceeded to the bank, he was As we
giving me a story about helping his aunt and that he knew God and all of this. When he said that he knew But
God, I was thinking to myself he was all right.
the closer I got to the bank, he told me -- he said, I just got out. said jail. I said, just got out of what? And he But
And I said, oh, Lord, I am in trouble.
I was close to the bank, so I took him on to the bank. So when I got to the bank, I went around to the back door, because he told me he had a check to cash, and I assumed he was going in the bank. So when
I parked at the back door, he told me, he said, no, go
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to the drive-through. the drive-through.
So that's what I did; I went to
So when I got to the drive-through, he gave me the check, so I passed it on to the teller. And we were just sitting there for a while, and the teller, she kept on punching in numbers and kept looking, and she was acting like something was wrong. So I asked the teller -- I said, do he need to come in? So at that time, he was getting all rowdy or whatever you call it. But then she said no. I think she was
trying to verify the check or something. MR. SUMMEY: trying to do. THE COURT: A. Just tell us what happened. Objection to what she was
So like I said, she was punching in I asked her again, I Because it And so
numbers, and it went from there.
asked her -- I said, do he need to come in? was his check; it won't mine.
So she said no.
a few minutes later she passed the check on back to me. So I gave the check to him, and I proceeded to leave. But I had this funny feeling something won't right. So I got just about to Wendy's, and he said, take me to another check-cashing -- some check-cashing place. funny. And I said, no. I was feeling
I said, no, I can't take you nowhere.
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So he asked me, he said, do you listen to CDs or tapes? know, I make them. So I said yes. He said, well, you
He said, if you want some He wrote down a name and a And when
sometimes, give me a call. number.
So I put it in my glove compartment.
I got to Wendy's, I put him off. of that.
And that was the end
I went back to the laundromat, and I got my All the while I am having
clothes and went on home. this funny feeling.
So I was sitting home a few weeks after that, and I saw the sheriff pass by. And when he
passed by, I guess he saw the truck or whatever, and he backed up and came in the yard. somehow we got to talking. showed me a picture. So I went out, and
And he came inside and
And, sure enough, it was a
picture of me in the truck where I was passing the check in to the teller. So he asked me about it and
asked me would I come to Halifax. So I told him, I said, can I drive? So
he said yeah, so I figured -- I said, I'm driving; I'm coming back. So, sure enough I drove on to Halifax. When I got to Halifax, I think it was a detective; I am not for sure. So he saw me come in. I believe it was Rooks.
So he took me back to some And I told
little room, and he asked me what happened.
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him.
And he left out, and another officer came in.
An
officer or deputy with the Sheriff's department came in and asked me what had happened, and I told him. And he
wrote a statement down or whatever, and he went out. I sat for a little while, and they came back in and told me everything was all right. from there. And from then on, it's been going downhill all because of that incident. was trying to help somebody. aggravating, because -MR. SUMMEY: THE COURT: Q. Objection; not responsive. Ask another question. All I was doing And we just went
But it is just
Mr. Marshall, backing up just a
little bit, you said that you passed a check to the teller? A. Q. A. Q. A. Q. Right. Where did you get that check from? I got the check from him. Did he hand it to you? Yes, he did. Did you see him do anything with
that check before he handed it to you? A. passed it to me. No, he didn't do anything. He just
I got the little slide out from the
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teller part, and I stuck it in there along with some driver's license. Q. possession? A. Q. No, sir. Did he tell you what to do with the So you didn't have the check in your
check when he handed it to you? A. the bank. No. But he told me to take him to
So once he gave me the check at the
drive-through, I just passed it on to the teller. Q. Before you passed it to the teller,
what did the teller say exactly? A. Before I passed it to the teller,
what did the teller say? Q. A. Q. Yes, sir. She didn't say anything. You stated that the teller started
punching in some numbers, and things got held up, and you said that Mr. Adams got rowdy. doing? A. He started cussing, like he was What exactly was he
getting impatient or something. Q. A. Q. Go ahead. That was it. Do you remember anything in
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particular he may have said? A. It was a cussing words, if I don't
make a mistake, like -- can I say it? Q. A. Yes. It was like, what the hell is wrong, It may have been a
or something similar to that.
little more drastic, but something similar to that. Q. and there? A. won't right. I had the gut feeling something What was your impression right then
And, another thing, when he passed me the
check, you know, he was like sitting up in the truck real high, where normally he was like slumped down and stuff. I started thinking -- but, you know, I'm caught
up in a situation where -- I mean, I believe in giving everybody the benefit of the doubt. MR. SUMMEY: THE COURT: question. Q. Mr. Marshall, you stated that And --
Objection; move to strike. Overruled. Ask another
Mr. Marvin Adams gave you a name and said that he made CDs. Do you remember what that name was? A. If I don't make a mistake, I believe
it was Marvin High or Marvin Adams or something like that on the paper. But, see, I just glanced at the
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paper and put it in the glove compartment.
Then when
the sheriff got with me and I went down to Halifax, you know, I gave it to him. really looked at it. Q. A. What did he state regarding CDs? He makes them. And, you know, like So that's the only time I
if I wanted some, all I had to do was call him. Q. When you all were at the teller --
when you were in the drive-through at the bank talking to the teller, did you tell the teller that you would come into the bank? A. Q. A. No, sir. What exactly did you say? When she was going through whatever
she was doing, like hesitant like she was trying to check something, I asked her, I said, do he need to come in? Because I didn't have any reason to go in. Q. A. this. Did you sign anything on that check? No, sir. I am going to put it like
By me going to that teller, passing -MR. SUMMEY: Objection, Judge; not
responsive.
The question was did he sign the check. A. No, I didn't. If I may have a moment,
MR. GRAVES: Your Honor?
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THE COURT: (Pause) Q.
Yes.
Mr. Marshall, backing up just a
little bit, you said you were not familiar with Mr. Adams before this day? A. Q. No, sir. Why did you let him get in your
A.
Because I am a kind-hearted person. And prior to this
I believe in helping people.
situation, I was going to do a youth meditation about the Wizard of Oz, and -MR. SUMMEY: THE COURT: Objection, Judge. Overruled. You may
A.
I was going do a youth presentation
on the Wizard of Oz, how along Dorothy's life trying to get back home, how she was helping people. See, I grew
up not having much, and somehow I am just a kindhearted person. And I helped people, up to this But, see, now it It just
situation, that I didn't even know.
won't happen again; you better believe that. put me in a bad position, and -MR. SUMMEY: THE COURT: Objection, Judge. Sustained.
Ask another
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question. MR. SUMMEY: THE COURT: Q. Move to strike. Denied.
Mr. Marshall, since this incident
with Mr. Adams, what effect has it had on you? MR. SUMMEY: THE COURT: A. wrong word. Objection. Overruled.
In a sense, I guess killing is the
But it just -- in a sense it destroyed my
life, because you're on edge; you don't know when the sheriff is going to get you to come testify. And like
two weeks ago -- we plan a vacation every year -MR. SUMMEY: THE COURT: question. Q. Mr. Marshall, do you have any type Objection; not responsive. Sustained. Ask another
of criminal history? MR. SUMMEY: THE COURT: MR. SUMMEY: THE COURT: Objection. Overruled. May we approach? You may.
(There was a bench conference, which was not recorded.) THE COURT: A. You may answer.
No, I don't.
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Q.
Have you ever been convicted of any
A. Q.
No more than speeding. You have gotten a speeding ticket
A. Q.
Yes. Mr. Marshall, a few last little
You briefly mentioned that Mr. Adams gave you
a check to place into the tube to go up to the teller? A. Q. Right. Did he give you anything else with
A. Q. driver's license? A.
A driver's license. Were you able to look at that
I didn't look at it, because he gave
it to me, so I just passed it on through. Q. A. Was this your driver's license? If it had been my driver's license,
chances are I wouldn't be sitting here. MR. SUMMEY: THE COURT: Objection; not responsive. Was it your driver's
A. Q.
No, sir. At any point did you take anything
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from Mr. Adams and pass it up to the teller?
Did you
take something from him or something that belonged to him without him handing it to you? A. No, I didn't. No further questions, Your
MR. GRAVES: Honor. THE COURT: MR. SUMMEY:
Mr. Summey? Thank you, Your Honor.
CROSS-EXAMINATION BY MR. SUMMEY - 2:30 PM: Q. sir? A. Q. 252 Lee Lane. And you testified a minute ago to Mr. Marshall, where do you live,
the members of the jury -- you said that when the officer came to talk to you, you said he told you you could come down to the police department; is that right? A. Q. Right. So you just told them -- you said
you were driving, so you knew you were coming back? A. Q. Right. Do you mean -- do you mean by that
you weren't getting arrested? A. Q. No, I didn't. What did you mean when you said he
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told you you could drive, so I'm coming back? you mean by that? A.
What did
Plain and simple, if I drove down
there, I was driving back. Q. So that means if you drove down to
the police department, that means you weren't getting arrested; correct? A. Q. Say that question again. When you said -- when you told the
members of the jury -- you said when the police said they wanted to come and talk to you, you said you were going to be driving home; right? A. Q. Right. You said, they said I could drive,
so that meant I was coming back? A. Q. Right. So that means you thought you were
going to be driving home; is that right? A. Q. I knew I was. So in other words, you didn't think
they were going to arrest you; is that right? A. Q. A. Q. No. Were you afraid of being arrested? No. Why didn't you go to the police
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before they came to you if you thought something was wrong? A. Q. A. Why didn't I go? Yes, sir. I didn't know what was wrong, but I
had a gut feeling something was wrong. Q. If you felt like something was
wrong, why didn't you go to the police? A. Q. A. Q. A. And tell what? Tell what you saw. Tell what I saw? Yes, sir. I mean, what am I supposed to tell, I mean, I could just
when the situation hasn't arose?
stop any sheriff and tell them I took so-and-so to the bank and blah-blah-blah? Q. Well, isn't it true you are the one
that passed the check? A. Q. caught on video? A. Q. Yes, sir. It was only because you were caught Oh yeah. Isn't it true that you are the one
on video passing the check -- that's why this officer made contact with you; correct?
30
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 your household?
MR. GRAVES: THE COURT:
Objection. Sustained. He doesn't know
why an officer did what he did. Q. Well, let me ask you this. Did this
officer not confront you about being on bank video in your black Nissan truck? A. Q. A. Q. A. Q. It was not my truck, but they did. Whose truck was that? My wife's. So it is your truck then? No, sir. Is it not a truck that belongs in
A. Q. A. Q. A. Q. A. Q. A. Q. is that correct. A.
Yes, sir. And you drive that truck? Yes, sir. Do you drive that truck every day? Mostly. Do you drive that truck every week? Mostly. So it is your truck; correct? No, sir. But it is a truck in your household;
The truck is not registered in my
31
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
name; therefore it is not mine. Q. But you drive it every day; correct? Objection, Your Honor,
MR. GRAVES: relevance. THE COURT: Q. A. Q.
Sustained.
Do you have a key to that truck? Yes, sir. And this officer made contact with
you at your residence; correct? A. Q. A. Q. Correct. Based upon seeing you in a video? Right. Based on what he told you; correct? Objection, Your Honor. Based upon --
MR. GRAVES: THE COURT: Q.
Based upon what Officer Clark told
you, he saw you in a bank video; is that right? A. picture. Q. what? A. Q. A. Q. Of me. It wasn't a picture of him; correct? What? It wasn't a picture of him, was it? Yes, sir. And that was a picture of Well, at first he showed me a
32
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 point. speak to her. correct?
A. Q. A. Q. A. Q.
No, it wasn't. It was a picture of you? That's right. Passing a check? Right. And that's all that picture showed;
A. Q.
Correct. When you spoke to the teller, it Do you
would have been Ms. Hudson, is that right? recall who the teller was? A.
I believe it was her, but I didn't
I mean -- clarify that. Q. Speak to. Do you know what the
words speak to mean? MR. GRAVES: Q. Objection. You
You spoke to her; correct?
spoke to Ms. Hudson; correct? A. At one point, yes I did, at one
Q. A.
I am not confusing you, am I? No. It's not like as soon as I At one point I did
drove up, we held a conversation. speak to her. Q.
You also spoke -- you also had
33
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
occasion to talk to her and a DA today; correct? A. Q. A. Q. A. To her? Yes, sir. The teller? The DA and the teller. The DA. I mean, I didn't have any
reason to speak to the teller. Q. So you come to the teller window;
you speak to the teller? A. Q. A. No. Did she speak to you? I mean, she spoke. But, see, it
won't like I held a conversation as soon as I got to the teller. I spoke to her at some point. Q. A. Q. What was it like? What was what? Tell me what happened. You pull up.
You -- let me back up.
You said you pulled up to the
bank, and you went to the back door; correct? A. Q. That's right. And you asked him to get out of the
car and go in the bank; is that right? A. Q. A. That's not what I said. What did you say? I said when I got to the bank, I
34
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
drove to the back door.
The reason I drove to the back
door is he had a check to cash, so I am assuming he is going inside the bank. back door. So that's why I went to the
I didn't say any time he said it. Q. You gave a statement to Officer
Clark; correct? A. Q. I guess it was him. You gave a statement to some police
officer; is that right? A. Q. handwriting? A. Q. Yes. Didn't the officer follow up behind That's right. Did you write it in your own
you in his handwriting with some questions and answers? A. Q. A. Q. Yes. And you signed that statement? Yes. And that would have been on
January 7, 2011; is that correct? A. it happened. Q. Which would have been four days I don't know the date, but whenever
after this allegedly happened; correct? A. I guess. I don't know the date.
35
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Q.
If it happened on January 3, 2011,
and the officer talked to you on January 7, that would be four days later; correct? A. Q. That sounds right to me. So between January 3 and January 7,
you hadn't made any opportunity to talk to anybody about anything that happened that day; is that right? A. That's right. May I approach, Your Honor?
MR. SUMMEY:
(Defendant's Exhibit Number 1 was marked for identification.) Q. I am going to hand you what I have
marked as Defendant's Exhibit Number 1 and ask you to look at this document. Would that be your handwriting,
the statement you gave to an officer on January 7? THE COURT: Let him finish reviewing it
before you ask him any questions about it, please. (Pause) A. Q. A. Q. Okay. I couldn't hear you? Yes. Take a moment and look at that
statement and see where in that statement you say anything about going to the back door at the bank. Take a moment and look at it and read your statement.
36
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 statement? again? that.
A. Q.
I didn't. Where did you say anything about in
your statement about asking him to get out of the truck and go in the bank and deposit the check? A. As a matter of fact, I didn't say
Q. A. Q.
You didn't say that? Unh-uh (no). What did you say about the back door
A.
I said when I took him to the bank,
he had a check to cash, and I am assuming he's going inside. I never said he said it. So I drove to the
back, because I am assuming he's going in the inside. He's got the check. Q. Where did you say that in that
A. Q.
I didn't. Where do you say anything about
asking him to get out of your truck at the -MR. GRAVES: THE COURT: Q. Objection. Ask your question.
Where did you say anything in your
statement about him getting out of your truck at the back door of the bank?
37
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 truck? statement?
A.
I didn't. It doesn't say that in the
THE COURT:
THE WITNESS: THE COURT:
No, ma'am. Did you testify to that,
that he got out at the back door? THE WITNESS: THE COURT: Q. No, ma'am. Ask another question.
But you asked him to get out of your
A.
No. Objection.
MR. GRAVES: Q.
Didn't you say you pulled -Ladies and gentlemen of the
THE COURT:
jury, if you could, go to the jury room for just a few minutes. Please remember my previous admonitions to Don't discuss the case
you about discussing the case. among yourselves.
Don't allow your minds to be made up
or form an opinion about the guilt or innocence of the defendant or express an opinion about the case as it is thus far. If you will be in the jury room, I will call Thank you.
for you shortly.
(Jury Absent - 2:38 PM:) THE COURT: Let the record reflect that
we are outside the presence of the jury.
38
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that I heard? testified to.
Mr. Marshall, did you testify that you pulled up to the back door of the bank, and you did that because you assumed that Mr. Adams was going into the bank, because he told you he had a check to cash in the bank? THE WITNESS: THE COURT: Yes, ma'am. And then did you testify
that Mr. Adams directed you to the teller lane and not to the back of the bank, and then you went to the teller lane? Is that what you testified to? THE WITNESS: THE COURT: Yes, ma'am. Did you at any point testify
that you told Mr. Adams to get out and go to the back door? THE WITNESS: THE COURT: No, ma'am. Did you at any point testify
that Mr. Adams got out and went to the back door? THE WITNESS: THE COURT: No, ma'am. I believed I heard what you
Mr. Summey, did you hear the same thing
MR. SUMMEY:
Well, actually, Judge, I
may have been confused, but I thought he said he went around to the back door, parked at the back door, and
39
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
asked him if he wanted to go, and he said no. THE COURT: I don't believe he testified
to that during direct examination, and I don't believe upon the Court's examination of him that he recalls testifying to that. hearing that. If you would tailor your questions to meet the testimony that we heard, I would appreciate it. Ask the jurors to come in. (Jury Present - 2:41 PM:) THE COURT: gentlemen. You may proceed, Mr. Summey. Q. Mr. Marshall, as a result of your Thank you, ladies and And the Court does not recall
involvement in this case, were you ever charged with a crime? A. Q. test? A. Q. A. Q. A. No. Did you get the $10 from Mr. Adams? No. Do you know where the check is now? No. No. Were you ever offered a polygraph
40
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sheriff? exists? bank video? you passed?
Q.
What about the identification that
A. Q.
No. Were you ever shown the video of
yourself at the bank? A. Q. What? The video, were you ever shown a
A. Q.
No. Do you know whether or not one
A. Q.
No. When you talked to Officer Clark,
did you give him a name of Michael Adams? A. Whatever was on that paper -- I gave
him the paper he gave me. Q. A. Or Marcus High? Somebody -- I looked at it one time
and put it in my glove compartment, and that's the last I saw it until I gave it to the sheriff. Q. You gave the piece of paper to the
A. Q.
That's right. Was it handwritten notebook paper,
or was it like a small little piece of paper?
41
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 you recall? lineups? High? or something. it?
A.
I guess the piece of paper was
probably about that wide (indicating), a little small paper. What happened to it, I don't know. Q. Do you know what name was written on
A.
It was Marvin High or Marvin Adams
I glanced at it and put it in the glove
compartment, because I didn't have no more use for it. Q. Could it have been Marcus or Michael
A.
It's a possibility.
Like I said, I
can't remember the name. Q. Were you not shown some photo
lineups in this case? A. Q. Yes, I was. When were you shown the photo
A. went to Halifax. Q. A. Q.
I don't know the date, but the day I I can't recall the date. How many lineups were you shown? Two. Who showed you those lineups? Do
Was it this officer, Mr. Clark? A. Q. No, it won't. Somebody else?
42
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that right? that right?
A. Q.
Somebody else. Do you remember how many photos you
were shown in those lineups? A. No. I think it was at least -- I am I don't
going to say at least seven or nine maybe. know. I know it was more than five. Q.
But you were shown two lineups; is
A. Q.
Right. You said you never saw a video; is
They never showed you a video? A. Q. A. Q. Right. And you were never charged? Right. And is it your testimony that you
never said, I could come in if you want me to to this teller right here, Ms. Hudson? A. Q. A. Q. Right. You never said that? I never said that. You never said to her -- the driver You said the check -- did
said the check was for CDs. you ever tell -MR. SUMMEY: the question, Judge.
Let me back up and rephrase
43
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
THE COURT: Q.
Thank you.
Did you ever tell Ms. Hudson that
the check she was passed was for CDs of music? A. Q. A. Q. No. You never told her that? No. Suffice it to say, all the
involvement involving this check was done between you and Ms. Hudson; is that right? A. Q. No. Everything that was done with this
check at the bank was done between you and Ms. Hudson; is that right? A. Q. A. No, it's not right. What was done by somebody else? He passed me the check. I in turn
put it in the slot and put it in. involvement.
So that's the
It was three people involved. Q. When the officer asked you how tall
the person was, you couldn't give him a height; is that right? A. good at heights. Q. When he asked you his complexion, No, not really. I mean, I am not
you said medium complexion; is that right?
44
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
A. Q.
I believe so. But you couldn't give him a name,
height, description, none of that; is that right? A. No. Nothing further.
MR. SUMMEY:
REDIRECT EXAMINATION BY MR. GRAVES - 2:48 PM: Q. Mr. Marshall, you stated to Attorney
Summey that when the deputies came out to investigate, that you drove down to the Sheriff's office? A. Q. getting arrested? A. Q. A. Unh-uh (no). Why not? Because I knew I had not -Objection. Overruled. Right. At any point did you think you were
MR. SUMMEY: THE COURT: Why not? THE WITNESS: hadn't done anything.
Because point-blank I
But if -Does it mean -- does it lead
THE COURT:
to why you didn't think you were getting arrested? THE WITNESS: THE COURT: THE WITNESS: I believe so. All right. Because if you know you
45
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
haven't done anything -- I mean, that's what it boils down to me. I mean, it's just, plain and honest,
that's all it boils down to. Q. Mr. Marshall, Attorney Summey asked
you about whether or not you knew where the check or ID is today. Did you go out and do your own investigation
to find out where it was? A. No, sir. It won't my check. I
mean, at that point when -THE COURT: anything? THE WITNESS: Q. No, I didn't. No, sir. You didn't do
When the check and ID came back from
the teller, what did you do with it? A. Q. I gave it to the defendant. Attorney Summey asked you about a Were
video, and you said you were not shown a video. you shown a picture or anything? A. Q. A. I was shown a picture. What was in that picture?
Me sticking my arm to the little
booth for the check to go in the teller, along with the truck on the driver's side. And also in one picture --
I forgot which picture it was -- it was a picture of another person in the truck, but on the picture, you
46
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
couldn't make the person out. Q. Attorney Summey briefly mentioned
you were not really able to give a good description of the individual in your truck? A. Q. Right. Do you see the individual that was
in your truck on that day in the courtroom today? A. Q. A. Yes, I do. Can you point him out? Right there. The State asks that the
MR. GRAVES:
record reflect that Mr. Marshall has identified Mr. Adams. THE COURT: Q. Let the record so reflect.
Mr. Marshall, is there any doubt in
your mind today that the individual at the table you just pointed to is the same one that was in your truck? A. Believe me, it is no doubt. I have It
been tussling with this thing for almost two years. is no doubt. MR. GRAVES: Honor. THE COURT: Mr. Summey?
No further questions, Your
RECROSS EXAMINATION BY MR. SUMMEY - 2:52 PM: Q. You said tussling for two years?
47
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is that right? 2010?
A. Q.
Going on two years. You're saying this happened back in
A. exactly the date. about the date.
Almost two years.
I don't know I am not sure
I think it was 2011. I don't keep no date.
Q.
But you do admit to the members of
the jury you said, they're letting me drive down there, so I know I'm coming back. you? A. Q. I said that. You do admit there were pictures of You did say that, didn't
you shown -- you saw pictures of you at the bank; is that right? A. Q. That's correct. You doing everything with the check;
MR. GRAVES: A. Q. Yes, sir.
Objection, Your Honor.
You're handling the check? Overruled. I'm sorry, Judge.
THE COURT: MR. SUMMEY: Q. A.
You're handling the check? It all depends on what part of
handling you're talking about.
48
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sorry --
Q.
Does the video or picture show him
passing you a check? A. Q. No. Have you ever seen a picture of you
passing him a check back? A. Q. No. Everything in that video -- I'm
A.
As a matter of fact -I think we have firmly
THE COURT:
established that he has not seen a video, so if you can, rephrase your question. MR. SUMMEY: Q. Yes, ma'am.
Is there anything in any picture
that you have been shown by Officer Clark or the DA's office showing anything of you passing any check back to him? A. Q. No. Basically you passed the check
through the tunnel of the bank, the drive-through bank, and you took the check out of the little bubble thing, the glass compartment, and then you drove off? A. Q. A. No. Did you pass it back to him? Yes, I did.
49
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 released. him?
Q. A.
So there should be a picture? No, sir. Objection. Objection sustained.
You say you passed the check back to
A. Q. A. Q.
Right. In your vehicle? No, in my wife's vehicle. In your wife's vehicle, I'm sorry. Nothing further, Judge. Thank you, Mr. Marshall.
MR. SUMMEY: THE COURT: You may step down.
(The witness left the stand.). MR. GRAVES: Your Honor, the State is
curious as to whether or not Mr. Marshall can be released. THE COURT: I have no objection to that.
Mr. Summey, do you have any objection to releasing Mr. Marshall? MR. SUMMEY: THE COURT: Thank you, sir. You may call your next witness. MR. GRAVES: The State calls Ms. Christy No, ma'am. Mr. Marshall, you are
50
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Hudson. (Christy Hudson, being first duly sworn/affirmed, testified as follows:) DIRECT EXAMINATION BY MR. GRAVES - 2:55 PM: Q. Ms. Hudson, could you please state
your full name for the court. A. Q. A. Q. A. Q. A. Q. that bank? A. Q. Six years today. In your capacity as a customer Christy Lucas Hudson. Where do you reside, Ms. Hudson? In Roanoke Rapids. Where are you employed? First Citizens Bank. In what capacity? A customer service rep. How long have you been employed with
service rep, do you sometimes work as a teller? A. tellers. Yes. We were formerly called
We just recently had our name changed. Q. Were you employed with that bank on
January 3, 2011? A. Q. Yes, sir. Do you remember some incidents
taking place at that bank concerning Mr. Marvin Adams
51
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
and Mr. James Marshall? A. Q. happened? A. the second lane. They came to the drive-through in They came to the Automater. And I Yes, sir. Could you tell us what exactly
noticed that it was two black males in the vehicle. And the driver put the item, which was a check and driver's license, in the Automater and sent it over to me. And I took it out and examined it and noticed it
was a check from Ms. Robinson, who I have known for quite some time. I have been waiting on her and her
husband for a while, and I've built up a rapport with them to kind of know what kind of business they conduct. And I looked at it, and I just had a gut feeling that something about it just wasn't right. can't really remember exactly how it was -- where it was payable. I can't remember exactly how it was paid, I
but I remember the last name Adams, and I remember it started with an M. I think I eventually told Josh it
may have been Michael; I was just trying to remember off the top of my head what the name was. And I talked to my supervisor and told her that I just didn't feel like something was right
52
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
with this check, that it appeared it had been altered. And I think I looked at the signature card of Mr. and Ms. Robinson and noticed that the writing -MR. SUMMEY: THE COURT: MR. SUMMEY: THE COURT: A. Objection. Grounds? (No response) Overruled.
I compared signatures and the Like I said
writing, and it just didn't look right.
before, I felt like this was something out of the ordinary for Mr. and Ms. Robinson to do. with my supervisor. So I spoke
And I did not have grounds to keep
the check or the driver's license, and I sent it back to the driver of the truck. And he asked me -- and I don't remember the wording exactly. He asked me, do I need to come in I don't remember exactly how
or do we need to come in.
he worded it, but it was to the nature of do we need to come in. And I said no. And I sent the check and the
driver's license back, and they left. Q. Can you describe the demeanor of the
driver of that truck? A. pleasant actually. Q. Did he act agitated or anything when The driver, he was fine. He was
53
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
you returned the check? A. Q. No, sir. From your vantage point in the bank,
could you get a good look at who exactly these individuals were? A. Q. No. Going back a little bit, you said Is that Ms. Joanne
you are familiar with Ms. Robinson. Robinson? A. Q. courtroom? A. Q. Ms. Robinson? A. Q. had you known her? A. last six years. She is. Yes, sir.
Is she seated behind me in the
How exactly did you know
Just from the bank. Approximately at that point how long
Well, I have been waiting on her the
And I had actually been employed with
First Citizens previous to that, and I had waited on them then as well. with her husband. And I am actually very familiar He actually bartended at a couple of I
functions at a country club that I have been to. have had interaction with him as well.
54
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 payable to. check?
Q.
When you stated you looked at the
check and you said something just wasn't right, what exactly do you mean by that? A. I guess it's a gut feeling. I have
been doing it so long and knowing it just didn't seem like Ms. Robinson would do anything and pay that kind of money for CDs. Q. Do you remember the amount on that
A. Q. A. Q.
No, sir. Did it appear to have been altered? Yes, sir. Do you remember what portions of the
check had been altered? A. It look like the payee had been
altered and written out, and the boxed amount looked like it had been altered. amount. Q. When you say the payee had been But I do not remember the
altered, what exactly do you mean? A. Where the check -- who it is made
It was something -- it was like it was And I And
written -- normally it is written on one line.
think I remember something being written above it.
that is just kind of out of the ordinary when you write
55
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
a check to someone. Q. When you stated you had no grounds
to keep the check or the driver's license, what exactly do you mean? A. I couldn't accuse the driver or the
passenger of doing anything involving that check without talking to Ms. Robinson. I did try to contact
her that day while they were actually sitting in the drive-through. Q. Were you successful in your attempt
to contact Ms. Robinson? A. Q. No, sir. Do you have an idea of the
approximate time that took place? A. Q. No, I don't. Were you able to eventually get in
contact with Ms. Robinson? A. day. Q. conversation? A. I really don't remember. But I do What was the scope of that She actually called back the next
know that she came to the bank, and she said that she did not write a check to this person. And her and her
husband both came to the bank and closed their account.
56
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 honest with me.
Q.
When you said for CDs, that the
check was for CDs, how did you learn that? A. It was written in the memo part. I
remember something of the nature of saying it was for CDs. Q. And you said that you did not think
that Ms. Robinson would write a check for that amount for CDs? A. Q. Right. Ms. Hudson, did you eventually meet
with Deputy Josh Clark? A. Q. A. Q. Yes. What was that in regard to? The check. When you first met with Deputy
Clark, what was the scope of that conversation? A. Just basically what had happened, to
see if I could describe the vehicle, which I said it was a dark-colored truck, a single cab truck, and basically there were two black males in the vehicle. Q. Ms. Hudson, you can be completely
Do you remember everything that
happened to a tee that day? A. Q. No, sir. But when you spoke to Deputy Clark,
57
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
did you tell him what happened when it was fresh in your memory? A. I did. No further questions, Your
MR. GRAVES: Honor. THE COURT:
Mr. Summey?
CROSS-EXAMINATION BY MR. SUMMEY - 3:05 PM: Q. Ms. Hudson, did Deputy Clark ever
take a statement from you? A. Q. A. Q. Verbal. A verbal statement? Uh-huh (yes). As a matter of fact, he wrote it
down in about four lines; is that right? MR. GRAVES: A. Q. Objection, Your Honor.
I didn't see it. You don't know if the ID that was
passed to you belonged to the driver or the passenger, do you? A. Q. check? A. his name. If I am not mistaken, I wrote down No, sir. You didn't take down a copy of the
But other than that, no. Q. You didn't make a copy of the check?
58
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 know.
A. Q. A. Q.
No, sir. You didn't make a copy of the ID? No, sir. Again, you didn't know if the
license or identification that was passed to you belonged to the driver or the passenger? A. Q. A. Q. bank equipped with? A. Q. Cameras. Are they still cameras, ones that No. Do you all have video at the bank? We do. What type of video equipment is the
catch like a photo, or are these cameras that catch motion, video motion? A. They are motion cameras as far as I
Q. the type that is -A. Q.
Is it continuous motion, or is it
As far as I know, they are. So there is some video -- there
would be video camera surveillance that would show this truck coming to that teller window? A. Q. Uh-huh (yes). And there would be video camera
59
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
surveillance showing what happened at the window with that truck? MR. GRAVES: THE COURT: MR. SUMMEY: Q. Objection, Your Honor. Rephrase your question. Yes, ma'am.
Would the video camera surveillance
equipment, would it show what happened from the window of the car to the machine that you put the check or your currency in, your business in, to send to the bank? A. Uh-huh (yes). Objection sustained.
THE COURT: Q. would it show? THE COURT: show.
What if anything would the -- what
We don't know what would it Rephrase your
That is speculation on her part.
question. Q. Do you know if there was video
equipment or if it was working on January 3, 2011? A. Q. As far as I know, it was. Do you have any knowledge as to
whether or not any officer with the Sheriff's department looked at the video? A. No. I pretty sure they did, but I
am not 100 percent positive, no.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 from? bank. that you saw?
Q.
Do you know if there was video that
was preserved from January 3, 2011? A. That's all up to our security. We
don't have any say-so in what gets shown. Q. Did you ever take an opportunity to
look at the video surveillance? A. Q. A. Q. No. I saw pictures.
You saw pictures? Uh-huh (yes). Where did you get the pictures from
A. Q.
I really don't remember. Do you know if Officer Clark -- you
don't know where they came from? A. No. I think officer Clark showed
them to me, but I'm not 100 percent positive. Q. gotten them from? A. I'm pretty sure he got them from the Do you know where he would have
Q.
But do you know where he got them
A. Q.
No. The driver in this case did all the
talking; is that right?
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2011; correct? correct?
A. Q.
He did. And the driver gave you the ID;
A. Q.
Yes. You don't know if that was his ID or
the passenger's ID; is that right? A. Q. No. And the driver -- let me back up.
Officer Clark never took a formal written statement from you; is that right? A. Q. Right. And this was back in January of
A. Q.
Uh-huh (yes). At some point in August of 2011 you
had an occasion to talk to a young lady who worked at the DA's office named Kanter Morris? A. Q. I did. She was an assistant DA that was
assigned to this case; is that right? A. Q. Correct. How was it that you were able to
come into contact with her? A. Q. She called me. She called you and said, come down
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here -A. Q. you; is that right? A. Q. relation to? A. Q. No, I don't think so. When you got down here, what if Right. Did she tell you what it was in Uh-huh (yes). -- because she wanted to meet with
anything did you say to her, and what did she say to you? A. Basically going over the same
situation as to what transpired that day. Q. is that right? A. Q. As far as I know. And these were basically notes about She took down a statement from you;
what happened; is that right? A. Q. A. Q. Right. Based on your recollection? Right. Would you say your recollection back
in August would have been a little better than it is today? A. No. I mean, it could have been, I
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guess. Q. It would have been a lot fresher
then back in August of last year? A. It would have been a lot fresher
back in January of last year. Q. Yes, ma'am. So from January to
August, we are now in July, a whole year later from August; is that right? Your statement that you gave -Objection, Your Honor. Ask another question.
The statement you gave to Ms. Morris
was on August 22, 2011; is that right? A. that's right. MR. SUMMEY: If I may approach? I don't know the date, but I am sure
(Defendant's Exhibit Number 2 was marked for identification.) THE COURT: Ladies and gentlemen, it is I will remind
time to take our afternoon break now.
you you have a duty not to talk among yourselves about this case. It is your duty not to talk to the parties, It is your duty
witnesses, or counsel about anything.
not to talk with anyone else or allow anyone else to talk or say anything about this case in your presence. If anyone communicates or attempts to communicate with
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you about this case, you must report that to the Court immediately. You have a duty not to form an opinion
about the guilt or innocence of the defendant or express an opinion about the case as it is thus far. Please be back in the jury room at 3:25, and we will proceed at that time. Thank you.
we are outside the presence of the jury. Ms. Hudson, when you spoke with Ms. Morris, who was then an assistant district attorney, and she took some notes, did you ever see what it was that she was writing? THE WITNESS: THE COURT: No, ma'am. Did you ever sign or adopt
what it was that she was writing? THE WITNESS: THE COURT: No. So in the conversation with
her, did you do anything other than talk? THE WITNESS: THE COURT: No, that was it. If you are going to question
this witness regarding a statement, the Court does not view this as a statement, since there was no adoption by her of it. I mean, I don't have any problem with
you talking with her about the notes if you want to
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
talk with her about the notes.
But I do take issue
with you characterizing it as a statement by her, because it was not a statement. MR. SUMMEY: Your Honor, let me ask you
this while we are outside the presence of the jury. Can I ask her, do you recall telling Ms. Morris that the driver said that the check was for CDs? THE COURT: You can ask her what her
recollection of the conversation was that she had with Ms. Morris, yes. But she has not adopted this is a It
statement by her, and it was not written by her.
was simply an assistant district attorney's notes on a conversation with her. MR. SUMMEY: THE COURT: Yes, ma'am. We'll be at ease until 3:25.
(Recess - 3:14 PM to 3:30 PM) THE COURT: please. (Jury Present - 3:32 PM:) THE COURT: continue. Q. Ms. Hudson, you do recall having a Mr. Summey, you may Ask the jurors to come back,
conversation with Ms. Morris in August of 2011 regarding this case; is that right? A. I do.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 right? statement, no.
Q. A. Q.
Do you recall her taking notes? I do. Do you recall telling her the driver
asked if there was a problem with the check? A. Q. Yes. Do you recall telling her that the
driver said he could come in if you want? A. Like I said earlier, I don't I know it was to the
remember if he said I or he.
nature of, do we need to come in? Q. Did you ever make a statement that
the driver said the check was for CDs? A. I don't recall making that
Q.
You said that the driver told you
okay and didn't get ugly? A. Q. No, the driver was not ugly at all. And he just drove away; is that
A. Q.
Yes, sir. You also recall saying you thought
you may have returned the check to the driver? A. Q. Yes, I did return the check. But you couldn't accuse him of a
crime at that point; is that correct?
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 is that right? right?
A. Q.
Correct. Just suspicion something wasn't
A. Q.
Correct. And basically the driver was the
only person you had interaction with; is that right? A. Q. A. Q. That's correct. Ma'am? Yes, sir. Did you ever see him, the driver,
doing anything with the check once it came back to him through the tunnel? A. Q. A. Q. No. You didn't see anything? No. And you didn't photocopy the check;
A. Q. A. Q. was written for? A. Q. A.
No. Nor the ID? No. You don't know how much the check
No, sir. Or who signed the check? No.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 right? the account.
Q.
Do you know anything about the check
other than it was a check that looked suspicious? A. Q. Correct. What is your normal practice for
someone who is trying to cash a check and it looks suspicious or something doesn't look right? Do you all
have a protocol when something like that happens? A. First we try to call the owner of
I can't accuse a customer of anything
without talking to the owner first. Q. A. Q. A. Q. Then what? Then what? Is that it? Yes, basically. No money was ever given; is that
A. Q. A. Q.
No, sir. The check was not cashed? No. And the victim was not out of
anything, is that right, Ms. Robinson? A. Q. Correct. You said at some point her and her
husband came in and closed the account? A. Correct, the next day.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 answered. Judge.
MR. SUMMEY:
I have nothing further,
REDIRECT EXAMINATION BY MR. GRAVES - 3:36 PM: Q. Ms. Hudson, Attorney Summey asked
you about a statement that you made to Ms. Morris in August of 2011? A. Q. Correct. And I remember you telling him that
your memory would have been better in January of 2011 as opposed to August of 2011. A. Q. Yes. You stated to Attorney Summey when Is that still the case?
he asked you if the check was cashed -- had the transaction gone as normal and you had not stopped and gave the check back, could you fairly say that you would have normally cashed it? A. If I didn't have suspicions about
it, I probably would have. Q. Just backing up a little bit, what
caused those suspicions that prevented you from cashing that check? MR. SUMMEY: Objection; asked and
THE COURT: A.
Overruled.
Just that the check looked altered.
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And like I said previously, my gut told me something was just not right about the check, that it seemed out of the ordinary from Ms. Robinson to do. Q. suspicions? A. Q. A. Yes. And what was the result? Ms. Robinson came in and said that And they closed their Were you later able to confirm your
she did not write the check. account. MR. GRAVES: Honor.
RECROSS EXAMINATION BY MR. SUMMEY - 3:38 PM: Q. Mr. Graves asked you if your memory
would have been better in January versus August; is that right? A. Q. Right. And your memory would have been
better in August than July of this year; is that right? A. Q. Uh-huh (yes). What you said back in August would
have been more on point memory-wise -- what you said back in August would have been fresher in your mind versus July, like today? A. Probably so, yes.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 area? Roanoke Rapids. her subpoena?
MR. SUMMEY: THE COURT:
Nothing further Judge. You may step down.
Any objection to us releasing her from
MR. SUMMEY: MR. GRAVES: THE COURT:
No, ma'am. No. She is released.
(The witness left the stand.) MR. GRAVES: calls Ms. Joanne Robinson. (Joanne Robinson, being first duly sworn/affirmed, testified as follows:) DIRECT EXAMINATION BY MR. GRAVES - 3:39 PM: Q. Ms. Robinson, could you please state Your Honor, next the State
your full name for the Court. A. Q. A. Joanne Reid Robinson. Where do you live at, Ms. Robinson? 39 Bowser Street, Lincoln Heights,
Q.
How long have you lived in that
A. Q. A. Q.
35 years. Are you employed, Ms. Robinson? Yes. What do you do?
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 number? exactly. Home.
A.
I am employed with Cofield Funeral
Q.
Ms. Robinson, directing your
attention to January 3, 2011, do you remember placing a check in the mail? A. Q. A. Q. A. Q. A. Q. A. Q. A. Yes. What type of check was it? It was a personal check. What was that for? It was for American Labels. Is that who it was made out to? Yes. What was the amount of that check? $10.42. Do you remember the check number? No, I don't remember the number
Q.
Do you remember getting -- at some
point after you placed the check in the mail, do you remember giving the deputy a check number? A. Not that same day, because I told And I called and
him I had to go back home and look. gave him the number. Q.
How were you able to figure out that
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 road?
A.
I keep a record.
And I went back to
my checkbook and my label papers. Q. check in the mail? A. Q. A. Q. I placed it around quarter to 10. Is that 10 a.m.? Right. Could you describe how your mailbox Is it out in Around what time did you place that
is situated in regards to your house. front of your house? A. No.
It's on my porch.
It's a
mailbox attached to the house.
And I take a clothespin
and pin the letter on the mailbox. Q. A. Q. Why do you do it like that? So the mail carrier can see it. When the mail carrier is walking
down the road picking up mail, is it easy to see that envelope pinned to the outside of the mailbox? A. Q. Yes, it is. About how far is your house from the
A.
About from here to the back row
where the jurors are sitting. Q. And from that distance, it is easy
to see the envelope pinned to the outside of the
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mailbox? A. Q. Yes. And, Ms. Robinson, you stated you
placed your check in the mail around quarter to 10 a.m. What happened next? A. Mount. Well, I had planned to go to Rocky
So I placed the check on the mailbox and went
back in the house and got my purse and got my car out, and I left. And I did not return until between 5:30
and 6:00 O'clock that afternoon. Q. that day? A. Q. happened next? A. Well, I took my stuff out of the car I didn't check my Shopping. And after you returned home, what What were you doing in Rocky Mount
and just mostly messed around.
answering machine until that night when I got ready to go to bed. I told my husband, I said, the girl from She wanted one of us to call her. I
the bank called.
said, but I am going to have to wait until tomorrow, because it's too late to call her now. the caller ID, and she called at 3:59. Q. A. That's 3:59 p.m.? In the afternoon. And I looked at
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 action? morning. with her?
Q.
When you say the girl from the bank,
are you talking about Ms. Christy Hudson, who was here earlier? A. Q. A. Q. Yes. How long had you known her? Some years. And did you have a good relationship
A.
Yes.
Mainly when I go to the bank,
whatever my business was, she would always speak and ask how I was doing and my husband was doing. Q. You said you received the voicemail
message stating that you needed to call Ms. Hudson. What happened next? A. I called Ms. Hudson the next
And she told me -- she said someone came to She
the bank with a check, and it didn't look right. said, so I wouldn't cash it.
She told me that I needed So I
to come into the bank and change that account. told her I would be there in 30 minutes.
So me and my We talked
husband went on to the bank and changed it.
to Tracy, and we closed that account and opened another one. Q. Why did you take that course of
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 High? at that table?
A.
Because that was the first time I And I didn't know if
ever had that to happen to me.
that check was going to be cashed or whether they would go and get a counter check and put that number on it or what. And Tracy showed me a tape, but I didn't know
neither one of them in the truck. Q. Before that date, had you ever seen
Mr. James Marshall, the guy who testified earlier? A. Q. No. Do you even know him other than
through this incident? A. Q. No. Do you know Mr. Marvin Adams seated
A. Q. A. Q. A. Q.
No. Had you ever seen him before? No. Did you write a check to Mr. Adams? No. Did you write a check to Michael
A. Q. A. Q.
No. What about Marvin High? No. What about Michael Adams?
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 neighbors?
A. Q.
No. That check that you placed in the
mail, who was it addressed to? A. American Labels. No further questions.
MR. GRAVES:
CROSS-EXAMINATION BY MR. SUMMEY - 3:47 PM: Q. Ms. Robinson, did you ever write a
check to Mr. Marshall, James Marshall? A. Q. A. Q. A. Q. A. Q. A. Q. No. Do you know Mr. Marshall? No. Do you have next-door neighbors? Yes. They live right beside you? Yes. Are they on both sides of you? One side. Do you know if anyone ever talked to
any of your neighbors to see if they saw anything unusual or strange that day? A. Q. No. Did you talk to any of your
A. Q.
No. Did the check ever clear?
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 nobody. -that right?
A.
Not that I know of.
I haven't ever
seen the check anymore. Q. So you weren't out any money; is
A. Q.
Right. You said somebody showed you a
lineup or showed you some photos? A. Q. A. Showed me the pictures at the bank. You said Tracy? If I am not mistaken, her name is
Tracy, one of the office girls. Q. A. Q. A. Q. She showed you a picture of? Off the video. Of what? Of the truck at the drive-through. And you didn't -- you weren't able
A.
I didn't know the truck, and I
didn't know the people. Q. You gave a handwritten statement to
law enforcement at some point in your own handwriting; is that right? A. No, I did not write a statement for
Q.
You didn't write a statement.
Did
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somebody write a statement on your behalf? A. If anybody wrote it, it must have
been the sheriff, because I didn't write a statement for nobody. Q. Did you ever tell them that someone
named Michelle called you from First Citizens Bank? A. I think the girl could have been
named Michelle or Tracy; I can't remember which one it was. Q. She said at that point it was a
black male in the truck that came to the drive-through; is that right. MR. GRAVES: THE COURT: MR. SUMMEY: THE COURT: Q. at that, please. (Pause) Q. right? A. No, I did not write this. If I You didn't write that; is that Objection, Your Honor. Sustained. If I may approach, Judge. You may.
Ms. Robinson, take a moment to look
recall, I didn't write anything.
When I left home
after I went to the bank, I went to the police station in Roanoke Rapids. A sheriff came out there. I don't
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recall who he was. Q. you know -A. Q. they wrote? A. Q. A. Q. No, he didn't read it back to me. Did they allow you to read it? Yes, he allowed me to read it. That is not what you told them, or He probably took notes. Did they read it back to you what So somebody took those notes? Do
it is what you told them? A. Q. Say what now? Is that what you told them, or is
that not what you told them? MR. GRAVES: are the deputy's notes. MR. SUMMEY: whether or not she -THE COURT: before? THE WITNESS: THE COURT: before? THE WITNESS: before. I have never seen these No. You have never seen this Have you ever read that I am trying to establish Objection. I think these
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mistake.
THE COURT: signature on it? THE WITNESS: MR. SUMMEY:
It doesn't have your
No, it does not. Your Honor, I was going to
ask if that is what she told law -- if she recalls if that is what she told law enforcement, the notes at the bottom. THE COURT: Q. Objection is sustained.
Let me ask you this, Ms. Robinson.
You do live at 39 Bowser Street in Roanoke Rapids; is that right? A. Q. Yes, sir. And you do work for Cofield Funeral
Home in Weldon; is that right? A. Q. Yes, I do. And at the time -- you since closed
this account, but at some point did you tell an officer that the unknown check was check number 3352? A. Q. A. Yes. And that it was written for $10? I told him $10.42, if I made no
Q.
Did you tell that officer that a
Michelle called you from First Citizens Bank in Roanoke Rapids and told you that a black male in a pickup truck
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came to the drive-through? A. I told him that she said that it was
two black males in a pickup truck, and she showed me -like I told you, she showed me the film that they was on. She said it was two, and she asked me did I know And I looked at them, and I told
either one of them.
her, no, I did not know neither one of them. Q. So where an officer would have wrote
that you said a black male in a pickup truck, that officer was mistaken if he wrote that? MR. GRAVES: THE COURT: notes. MR. SUMMEY: THE COURT: If I may approach? Yes. Objection, Your Honor. Sustained. Those aren't her
(There was a bench conference, which was not recorded.) Q. Citizens Bank? A. Q. Yes. You don't know when the envelope Do you know Tracy Shelburne at First
became missing, do you? A. missing? bank. When did I find out the envelope was
When I returned the call the next day to the
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 -- strike that. home. missing?
Q.
You don't know when it became
A.
No, I don't, because I was not at
Q.
Even though you received a call at
4 o'clock from Michelle at the bank, you don't know when the person came through at the bank, do you? You
don't know when they came through the drive-through, do you? A. Q. I sure don't. Were you ever shown a lineup
No one saw who took the check out of
your mailbox; is that right? MR. GRAVES: THE COURT: Q. Objection. Sustained.
You don't know who took the check
out of your mailbox? A. Q. A. Q. A. Q. Right. Was your husband home that day? No. Was anybody home that day? No. Have you talked to your neighbors
about this incident to see if anybody was home? A. No, because she works at Halifax
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Laundry.
She goes to work at 4 o'clock in the morning. Q. In your checkbook -- do you have one
of those checkbooks with a carbon copy? A. No. Nothing further, Judge. Mr. Graves? If I may have a moment,
MR. SUMMEY: THE COURT: MR. GRAVES: Your Honor. (Pause)
REDIRECT EXAMINATION BY MR. GRAVES - 3:57 PM: Q. Ms. Robinson, Attorney Summey asked And I believe you
you how much money you were out of. said that you are not out any money? A. Q. of way? A. No.
Did it inconvenience you in any type
The only way it inconvenienced me is
I had to close that account and start all over again. Q. effect on you? A. Q. No. At any point did you write out a Has this incident had any other
statement for anybody? A. Q. No. Just to clarify, Attorney Summey
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asked you about a video and pictures.
What exactly did
the people from the bank show you to identify the individuals in the truck? A. She showed me -- it was on paper. And that
She said it came off the video for that day. was all she showed me. Q. was?
Do you remember how many pictures it
Was it more than one? A. She showed me two, but I still
didn't know who they was. MR. GRAVES: Honor. RECROSS EXAMINATION BY MR. SUMMEY - 3:58 PM: Q. of? A. The black truck and the two males What did she show you two pictures No further questions, Your
sitting in the truck, and that was it. MR. SUMMEY: THE COURT: Nothing further, Judge. You may step down, ma'am.
(The witness left the witness stand.) THE COURT: witness. MR. GRAVES: approach? THE COURT: Yes. May me and Attorney Summey You may call your next
86
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 gentlemen. ready, please. not recorded.)
(There was a bench conference, which was
THE COURT:
Ladies and gentlemen, please Please remember
go to the jury room for a few minutes. my previous admonitions. case among yourselves.
Please do not discuss the Please do not allow anyone to Please don't communicate And if anyone
discuss the case with you.
with anyone else about the case.
attempts to communicate with you about this case, report it to me immediately, please. Please do not
form an opinion about the guilt or innocence of the defendant or express an opinion about the case as it is thus far. Thank you. (Jury Absent - 4:00 PM:) THE COURT: Let the record reflect that
we are outside the presence of the jury. Mr. Graves, let me know when you are
(Pause) (Jury Present - 4:04 PM:) THE COURT: Thank you, ladies and
Mr. Graves, you may proceed. MR. GRAVES: Your Honor, at this time
the State calls Deputy Josh Clark to the stand.
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(Joshua Clark, being first duly sworn/affirmed, testified as follows:) DIRECT EXAMINATION BY MR. GRAVES - 4:05 PM: Q. Deputy Clark, could you please state
your full name for the Court. A. Q. Clark? A. Q. A. I reside in Roanoke Rapids. And how are you employed? I am employed with the Halifax My name is Joshua Clark. And where do you reside, Deputy
County Sheriff's Office in the Patrol Division. Q. And could you give us a brief
overview of your career in law enforcement? A. I came into law enforcement -- I
have been in law enforcement for 11-and-a-half years. The majority of that time was in the Patrol Division. I started with the Sheriff's office and spent some time with the Roanoke Rapids Police Department. I spent two
years in Afghanistan training high-level police officials, and I am now back at the Sheriff's office. Q. Were you employed with the Sheriff's
office on January 3, 2011? A. Q. Yes. Do you remember some events that
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took place on that day that led you to begin an investigation? A. On January 6 I was dispatched to
meet with the victim Joanne Robinson at the Roanoke Rapids Police Department. The information that was
given to me was it was about some stolen mail from her house in Lincoln Heights. Q. what happened next? A. She told me that at 3:59 on the 3rd, And when you met with Ms. Robinson,
she had received -- she had a missed call from First Citizens Bank in Roanoke Rapids where the teller had attempted to call her. She said when she called her
back, she spoke to one of the bank officials there and they told her that someone was there that had attempted to cash a check. She was able to determine that it was
a check that she had that morning placed in an envelope payable to an address labeling company in the amount of just over $10, and she placed it on her mailbox to be mailed off to this company. Q. And at that point did you have
Ms. Robinson write a statement? A. No. I just took field notes in
order for me -- so that I could refer back to them in order to write the incident report.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Your Honor? for me.
Q.
The document that Attorney Summey
handed Ms. Robinson, was that a statement, or was that the field notes you are speaking of? A. Just my own field notes that were
And nobody else saw them. Q. When you say field notes, what
exactly do your field notes include? A. The victim's name, date of birth,
address, basically all the pertinent or main information that goes on the face of the incident report that I would need in order to correctly write the incident report, along with my all my personal notes of what the victim and/or witnesses or anybody that I speak to, what they tell me. Basically it is
just written in some form of shorthand or just something that I would understand. Q. Are your field notes used to help
you organize your thoughts? A. Correct. May I approach the witness,
MR. GRAVES:
THE COURT:
Yes, sir?
(State's Exhibit Number 1 was marked for identification.) A. As I was investigating the case over
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the course of a month or so or more, as I came by information, I would just go to that same page and just continue writing. Q. You said that the field notes
contain the check number? A. Q. number? A. Q. A. Q. From the victim. What is that check number? 3352. After you met with Ms. Robinson and Yes. How did you obtain that check
you took your field notes, what steps or actions did you take next? Strike that question, Your Honor. Backing up, Deputy Clark, at the point when you were talking to Ms. Robinson, had you already developed a suspect? A. Q. No. Did you have any basis for
developing a suspect at that point? A. victim. Q. After you spoke with the victim, No, not after speaking with the
what steps did you take next? A. I followed up with the bank -- I
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believe she was the vice president. Shelburne.
Her name was Tracy
She was able to provide me with printed
photographs from the video surveillance from the day in question, the day of the event. And then she directed
me to the teller that had handled the situation, which was Christy Hudson. I spoke to Ms. Hudson briefly. business day. She was at work. It was a
I didn't take a
written statement from her because of that, but I was able to indicate her verbal statement to me in my narrative. Q. Backing up just a little bit, you
said you were provided with some photographs from the bank video? A. Q. That is correct. Is this the same bank video system
Attorney Summey has been referencing? A. Q. the video. operates? A. I don't have personal knowledge of Yes. You said these were photographs from
Could you explain how that process
how their camera system and surveillance system operates. I was given the still photographs that came I was told the copy of
from the video surveillance.
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the actual video, I could not obtain that from that office. It had to be approved and given to me by
somebody with the bank's corporation, which I was able to obtain at a later time. Q. From looking at the photographs,
were you able to identify Marvin Adams? A. Q. Marshall? A. Q. Through further investigation, yes. At the point at which you looked at No. Were you able to identify James
those photographs, you were not able to identify Mr. Marshall -MR. SUMMEY: answered. MR. GRAVES: question, Your Honor -THE COURT: Q. Yes, you may. If I could finish my Objection; asked and
At the point you looked at the
photographs and you were not able to identify Mr. Marshall, were you later able to identify him based on that same photograph? A. Q. Yes. Were you able to identify Mr. Adams
based on the photographs?
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Your Honor? not recorded.)
A. Q. based on the video? A.
Not based on the photograph, no. Were you able to identify Mr. Adams
Yes. I am going to object to
MR. SUMMEY:
that, Judge, and move to strike. THE COURT: MR. SUMMEY: THE COURT: Overruled. If I may, may we approach? Yes.
Q.
Deputy Clark, you stated that at the
time you viewed the video, you were able to identify Marvin Adams? A. Yes. The video was much clearer.
Once I was able to -- later on in the investigation, once I had the name Marvin Adams to compare with the moving video footage, I was able to compare what I know of what he looks like versus what the video shows. MR. GRAVES: May I approach the witness,
THE COURT:
Yes sir.
(State's Exhibits Numbers 2, 3, and 4 were marked for identification.) Q. Deputy Clark, I am handing you what
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have been marked as State's Exhibits Number 2, 3, and 4. Could you identify each of those items? A. State's Exhibit Number 2 is a Based on the
photograph that I obtained from the bank.
video surveillance, it is a photograph showing the witness, Mr. Marshall, in the driver's seat of the car. The actual photograph only shows the driver's side half of the vehicle. of the vehicle. Q. Number 3? A. State's Exhibit Number 3 is a shot Can you now identify Exhibit It does not show the overall interior
from the same camera but as the truck is approaching the drive-through. vehicle. You can see two black males in the In this
It is a dark-colored Nissan truck.
photograph you are not able to identify either the driver or the passenger from this photograph. Q. A. Now could you identify Exhibit 4? Exhibit 4 is much the same
photograph, just a few minutes' difference, of the same witness, Mr. Marshall, in the vehicle at the drive-through. Q. in those pictures? A. Yes. And can Mr. Marshall clearly be seen
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Ms. Hudson? pictures?
Q.
Can Mr. Adams be seen in those
A. Q.
No.
It only shows the driver.
In Exhibit Number 3, does it appear
another individual is in that truck? A. Q. Yes, it does. Deputy Clark, backing up just a
little bit, you stated that the bank manager provided you with those still shot photos from the video surveillance system? A. Q. Yes. What steps did you take after you
looked at those photos? A. The next thing I did is I went and
spoke to the witness Christy Hudson. Q. And when did you speak to
A.
Right after I left the office of one It was during the same
of the bank administrators.
day, January 6, that it was reported to me. Q. Can you tell us what Ms. Hudson
stated to you when you first met with her? A. She told me that two black males in
a dark-colored Nissan truck drove up in Lane 2 of the drive-through and attempted to cash a check from
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Ms. Robinson's personal checking account.
On the check
the amount had been changed from $10 to $600, and the payee had been altered to read care of Marvin Adams. Ms. Hudson stated that the male driver of the truck produced a valid identification card with the name Marvin Adams. When Ms. Robinson could not be
contacted, the teller returned the check, and the subjects left. Q. After you spoke with Ms. Hudson,
what did you do next? A. After further investigation -- at
that point I was attempting to start by identifying the driver, who I could clearly see, and make a positive identification through the photo that I had. I took
the name Marvin Adams, and I looked up the Division of Motor Vehicles photograph of Marvin Adams, which of course did not resemble -- was not the driver of this vehicle. Q. And after you looked at the DMV
photograph of a Marvin Adams, what did you do next? A. What I did after that was just went I was I looked
out talking and speaking with several people. able to come up with a name James Marshall.
up information on James Marshall and found the address on Lee Lane Road. And once I found out his address, I
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went to the address on the Lee Lane Road, where parked in the backyard I did see a Nissan truck that looked identical to the one that is in State's Exhibit Number 3. That's where I then met with Mr. Marshall and asked him if he would be willing -- I showed him the photograph. He then verified it and
said, yes, that's me in the driver's seat of the pickup truck. I asked him if he would be willing to come to
the Sheriff's office, where I would conduct an interview about this case. He gladly agreed, and I met
him at the Sheriff's office soon after that. Q. possible suspect? A. Yes, for the purpose of identifying At that point, was Mr. Marshall a
the driver at that point. Q. And when you first made contact with
Mr. Marshall, was he evasive in any type of way? A. Q. A. Q. Absolutely not. Was he forthcoming with information? Yes, he was. And you told Mr. Marshall to come And what happened next?
down to the Sheriff's office. A.
At that point I conducted a
noncustodial interview with Mr. Marshall, myself and
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Detective Sergeant Rooks; he sat in with me. actual statement was given to me. Q. taken? A. Q. taken? A. January 7.
The
And on what date was that statement
And do you know what time it was
I would need a copy of the statement
in order to give you an exact time. MR. GRAVES: Your Honor. THE COURT: Yes, sir. May I approach the witness,
(State's Exhibit Number 5 was marked for identification.) Q. Deputy Clark, I am handing you what Can you
has been marked as State's Exhibit Number 5. identify that document? A.
It is the handwritten statement that
I obtained from James Junior Marshall on January 7 at 5:40 -MR. SUMMEY: Objection. Judge, the
statement hasn't been introduced. read the statement. THE COURT: A.
He is starting to
Objection overruled.
-- at 5:40 p.m.
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Q.
And is that entire document a
handwritten statement by Mr. Marshall? A. The first page is a handwritten
statement by Mr. Marshall. Q. A. What is the last two pages? Pages 2 and 3 are follow-up
questions that I asked and wrote down in a question-and-answer format. I wrote down the exact
wording of the question as I asked it and then wrote down his actual response verbatim. Q. What is your standard protocol when
taking a statement from an individual who may be a suspect in a crime. MR. GRAVES: question, your Honor? THE COURT: Q. Yes, sir. If I may rephrase my
How do you typically take your
statements when you are investigating a crime? A. I usually try to conduct a
noncustodial interview -Q. A. What does that mean? In other words, the person is not They are free to leave at any They are
necessarily in custody. time.
There is nothing holding them there.
not under arrest.
The door is not locked, easy access
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to get up and leave and finish the interview at any time they want. If they are able to read and write at a decent level, I have them handwrite the statement themselves. If they don't feel comfortable handwriting
it or don't want to handwrite it or just can't, then I will write it myself, again, verbatim from what they say. After I take the statement, I read through it myself. And if I still have any questions
about the statement or anything that I want to know specifically about the case, that's when I go to another page, and I'll ask a question. I'll put a Q
for question, and I write out my question exactly how I asked it. And I put an A where their response would
be, and I write verbatim exactly what they tell me how they say it in their own words. Then I have them sign
at the end of the questioning as well as on the first page of their handwritten statement. Q. Did you follow that routine when you
took this statement from Mr. Marshall? A. Q. I did. If you will, read that statement. Objection sustained. Your Honor, the State moves
THE COURT: MR. GRAVES:
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to introduce the statement as State's Exhibit Number 5. THE COURT: Q. statement? A. Yes. It begins: On Monday of this Let it be received.
Deputy Clark, could you read that
week I was at the laundromat on Tenth Street around 3:45 washing my coveralls. at TV when this guy came in. driving. the bank. I said yes. I was sitting there looking He asked me was I
He asked if I would take him to Then he said, I went to the
I told him I was washing.
I'll give you $10, so I drove him there.
drive-through, and he gave me the check, and I gave it to the bank teller. They held it for a while. They said no. I asked
them did he need to come in.
After He told me
that, they gave back the check, and I left. to take him to some check-cashing place.
I told him I
had to get my clothes, so I put him off at Wendy's. Signed James Marshall. Q. After you had Mr. Marshall write
that statement, did you ask any follow-up questions? A. Q. I did. Could you tell us what those
questions were and what his answers were? A. Yes. What did the guy you gave a
Question:
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ride say his name was? Answer: When I got ready to let him off
at Wendy's, he told me his name was Marcus High. Question: stolen? Answer: No. From what I gathered, he Did he tell you the check was
told me he gets disability, so I was looking for a state check. Then at the bank he handed me a personal
check and said he did some work for the people. Question: that day? Answer: Question: Nope, was the first time. When you asked the teller if Had you ever seen him before
he should come inside, did the guy say anything to you? Answer: I looked at him, and he started
looking funny and asked what was wrong and said something negative and started getting edgy. Question: Answer: Can you describe this guy? He won't as tall as I am.
He had whitewash jeans, glasses, and a cap. Question: Answer: really see it. Question: under the hat? Any hair coming out from How was his hair? He had on a cap. I didn't
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Marshall. Heights. from? sure.
Answer:
I think so, but I ain't for
Question:
Did this guy say where he was
Answer:
He told me he was from Lincoln
Question: dark-skinned, medium? Answer: Question:
Was he light-skinned,
I'm gonna say medium. What if anything did you
notice on the check? Any names? The amount? Answer: Only thing I know, when they
gave me back the check was the amount. Question: Answer: Question: What was the amount? $600. Did he tell you the name of
the check-cashing place he wanted you to take him to? Answer: I assumed it was at the BP, but
I didn't have time, so I put him off at Wendy's. Question: Is there anything else you
can think of that you think you should tell me about that day? Answer: That's it. Signed James J.
Q.
After you received Mr. Marshall's
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statement, what steps did you take after that? A. At that point -- the next event, as
far as my investigation and writing on this, was February 2. Q. A. And what happened on that date? On that day I spoke to Marvin Adams,
the defendant, at his residence about this incident. Q. And how did you come into contact
with Mr. Marvin Adams? A. Well, initially he was on the check
-- the teller described to me the check was written care of Marvin Adams. And she told me that
-- initially she told me -- and I think I wrote it on another page of my notes -- she had given me a different name, Michael Adams maybe. I don't have that note in front of me. (Pause) A. But that was just when I was She told me that she wrote I can't remember. I may have it.
initially talking to her.
the name down; she didn't have the piece of paper in front of her, that she would try to locate that piece of paper and call me back at a later time. When she
did, she was able to give me the name Marvin Adams from the piece of paper she had written down. So I was
following up with this based on the information that
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Marvin Adams' name had come up through my investigation. Q. At the point that you spoke to
Mr. Marshall, were you trying to follow up on a Michael High? A. I was. Let me find my notes.
(Pause) A. When Mr. Marshall gave me the name
Marcus High, the closest thing that I could come to was that name Michael High. Through my investigation I
learned that Michael High -- Marvin actually told me that Michael High is his cousin. Q. Did Marvin tell you that when you
first made contact with Marvin Adams? A. Q. Yes. So at that point were you still
looking for a Michael High? A. Q. At that point, yes. But you just so happened to come
into contact with Marvin Adams? A. Q. Yes, at his house. And how did you learn that Michael
High was Marvin Adams' cousin? A. Q. Marvin told me. And after Marvin told you that
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Michael High was his cousin -- backing up a little bit, where exactly did you come into contact with Mr. Marvin Adams? A. Q. Rapids? A. or 581. Q. A. Q. Is that in the Lincoln Heights area? No. It's 581 Rhea Smith Road. It is on Rhea Smith Road, either 501 In his front yard. Where is that located in Roanoke
And after you spoke with Mr. Adams
about his cousin Michael High, what happened next? A. The defendant told me that Michael He told me that he took -- Marvin
High was his cousin.
Adams told me that he was missing his identification card. And he told me that Michael High -- I showed him
the photograph from the bank displaying the driver of the truck. And then Marvin told me that he did not He told me he had never seen him.
know the guy.
Marvin told me that day when we were talking about Michael High being his cousin he thought that Michael High may have -- may be the one that had stolen his wallet or his identification card and had in fact been the passenger in the truck that day. Through further investigation I was able
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to determine that Michael High was incarcerated. was locked up during the time of this crime, so it could not have been him at all. Q.
He
Backing up a just little bit, you
stated that you showed Mr. Marvin Adams the photograph from the bank surveillance video; is that correct? A. Yes. It would have been one of the If not, at least
-- I probably showed him all three. two of these three. Q.
And did you show him the pictures
that clearly showed Mr. James Marshall? A. Q. Yes. And you stated that Mr. Adams stated
that he had never seen Mr. Marshall? A. Q. That is correct. And you said that Mr. Adams told you
about his cousin Michael High may have been the possible passenger of the vehicle? A. Q. Yes. What prompted him to tell you that?
In other words, at that point had you told him you were investigating a crime? A. Q. were investigating? Yes. What exactly did you tell him you
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 paraphrase it. that day.
A.
I don't recall my exact wording on
Q.
Could you paraphrase it? Objection to that, Judge,
MR. SUMMEY: if he doesn't recall. THE COURT:
The question was could you
And The answer to that is yes or no,
not to paraphrase it, but yes or no. THE WITNESS: It's been so long I really
don't want to go off of what I've got on my supplemental report from that date. THE COURT: THE WITNESS: Q. So the answer is no? Yes.
After Marvin told you his cousin
Michael High may have been the individual in that truck, what steps did you take to confirm or negate that statement? A. I researched the person of Michael I was He was
High and found out he was actually incarcerated. able to look at the dates of his incarceration. still incarcerated at that time, and he was incarcerated at the time on January 3. Q.
Did you do that on the same date
that you had seen Mr. Adams in his yard? A. Yes, at a later time.
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Q.
So when you spoke to Mr. Adams in
his yard, was he under arrest at that point? A. Q. No, he was not. And after you later discovered that
Michael High had been incarcerated, what did you do next? A. On that same day I had gotten a call
for First Citizens Bank, and they told me they had a CD, the actual video surveillance on a CD. So I went
by the bank and picked up the CD and took it to the Sheriff's office to review the video footage. In my
supplement I stated that I reviewed the video footage at the Sheriff's office, which was a better quality than the original photos that I had. I was able to
identify the passenger in the truck as Marvin Adams, whom I had just spoken with. MR. SUMMEY: THE COURT: Q. Mr. Adams again? A. Yes. It was maybe a week later, Objection. Overruled.
And you stated that you saw
Q.
And can you describe how you came
into contact with Mr. Adams again? A. I was at the office. I happened to
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cross paths with Mr. Adams.
He was at the Sheriff's
office trying to obtain a warrant on someone for an unrelated matter. I asked him at that point if he
would be willing to speak with me again in an interview setting, and he said that he would, again a noncustodial interview. Q. And when you say noncustodial, is
that the same way that you questioned Mr. James Marshall? A. Q. to leave? A. Q. He was, yes. Had you placed him under arrest when Yes, it is. So at that point was Mr. Adams free
you saw him that day? A. No, I had not. May I approach the witness,
MR. GRAVES: Your honor? THE COURT:
Yes, sir.
(State's Exhibit Number 6 was marked for identification.) Q. Deputy Clark, I just handed you an Could you identify
item, State's Exhibit Number 6. that document? A.
Page 1 is the Halifax County
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Sheriff's Office Miranda -- Adult Miranda Rights Form. Q. form? A. Miranda rights are the rights given What exactly is a Miranda rights
to suspects and/or defendants when they are questioned or given an opportunity for an interview. Q. rights? A. Q. at that time? A. The advisement of rights reads: I did. And what exactly were those rights Did you advise Mr. Adams of his
Before I ask you any questions, you must understand your rights. You have the right to remain silent.
Anything you say can and will be used against you in a court of law. You have the right to talk with an
attorney before I ask you any questions and to have him present with you while you are being questioned. you cannot afford to hire an attorney, one will be appointed to represent you before any questioning. If If
you decide to answer questions, you have the right to stop answering them at any time. Marvin Adams. And then under that is the section called Waiver of Rights. The question states: Do you And it was signed
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understand each of these rights I have explained to you? And Marvin himself checked yes. Having these rights in mind, do you wish to answer questions now? yes. Then there is a paragraph underneath: -- and then Marvin Adams wrote his name -- age -- he wrote 35 -- and then checked the block for, have read and had read to me -- which means I read them out loud to him and he had a blank copy of this same form on which he read along with me -- this statement of my rights, and I understand what my rights are. I am I do I Marvin checked the block for
willing to make a statement and answer questions. not want an attorney at this time.
I understand and
know what I am doing and voluntarily agree to answer questions. No promises or threats have been made to me
and no pressure of any kind has been used against me to give the following statement. completed in school is eight. And then it says, Are you at this time under the influence of any alcoholic beverages or drugs? And he checked no. Today's date and time. He gives his date of The highest grade level
It was February 13 at 9:09 p.m.
birth, his age, his social security number, and his signature.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 each page? it?
Q.
This may sound redundant or
repetitive, but was Mr. Adams free to leave when you were taking his statement? A. Yes, he was. Your Honor, the State moves
MR. GRAVES:
to admit State's Exhibit Number 6. THE COURT: Q. Let it be received.
Deputy Clark, could you give us a
recitation of what exactly Mr. Adams wrote? A. The statement was actually written
by me, given to me verbally by Mr. Adams with the understanding that I would be writing the statement for him and the statement would be written verbatim as to what he said. Q. And did he sign it after you wrote
A.
Yes, he signed each page.
There are Prior
a total of six pages here.
He signed each one.
to him signing each page, I afforded him the opportunity to read over the entire statement to make sure the words that I used were in fact his words given to me verbatim. Q. Did he sign at the top or bottom of
A.
The bottom of each page.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Tenth Street. was?
Q.
Could you tell us what his statement
A.
All I know is that I was walking on
I stopped by the laundromat to ask for a And I paid this guy $10 to take me
ride from somebody.
home, and this guy told me he had to make a couple of stops. I stopped at Presto. He got out of his I
truck to go in and told me he'll be right back.
noticed that I needed some cigarettes, and he came back out of the store before I went in. truck waiting on me. He got back in his
When I got back in the truck, I
noticed that my wallet was misplaced, lost, or stolen. When I said I lost my wallet, at first the man didn't admit that he had found my wallet, but on the way to the next stop -- the second stop was at the bank, First Citizens. We went through the drive-through. The
teller sent the thing through the machine. no pen in it.
It wasn't
He started to push the button to tell When
the teller, and I said I had a pen he could use. I gave him a pen, he signed a piece of paper. quite obvious it was a check.
It's
He signed it and put it
inside the machine and sent it back to the teller. But before he did that, what I failed to mention before, while he was pulling up to the line, I
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was still complaining about my wallet. my wallet back.
The man gave me
I thought the guy was nice enough to
give my wallet back, my social security card, ID, and other documents. I didn't take the time -- I'm trying
to find the right words so I don't incriminate myself -- to look for the above-mentioned items, because if the man was honest enough to give my wallet back, I felt like he had no use for anything else. Next thing I know, as I was mentioning earlier, when I handed him the ink pen and after he signed whatever he signed, the teller informed him that they could not contact somebody and they would not be able to take care of him then. The bank teller sent
the container back through the machine, and whenever he got out whatever he got out of there, he handed me my pen back. We left from there. Highway 48 at 581 Rhea Smith Road. He took me home on I have not seen
this man since other than questions about him to help the sheriff to narrow down the investigation. I,
Marvin Adams, did not at no time cash or try to attempt to cash anything at the bank. Q. End of statement.
Deputy Clark, what prompted your Did you tell
conversation with Mr. Adams on that date?
him that you were investigating the same crime that you
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had talked to him about previously? A. Q. Yes. And did you show him the same
photographs that you had shown him previously? A. I don't recall if I showed him the
photographs that day. Q. But previously when you talked to
Mr. Adams, did he clearly state that he did not know Mr. James Marshall? A. Q. seen Mr. Marshall? A. Q. Yes. After you took that statement from That is correct. Did he state that he had not ever
Mr. Adams, did you place him under arrest then? A. questions. Q. A. What were those follow-up questions? Again I wrote them in question-andNo. I asked some follow-up
answer format, as I stated earlier. Question: Presto? Answer: When I went to Presto, the guy Did you buy cigarettes at
I saw on the outside of Presto sold me some loose cigarettes so I wouldn't have to spend the full price
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for a whole pack of cigarettes, because I have no income, and I try and stretch my money. I was going in
the store to buy cigarettes, but they don't sell loose cigarettes. While I was standing by the flammable When he pulled out his While I was talking to
barrels, I saw the guy there. pack, I bought some from him.
that guy, the guy that gave me a ride was waiting for me. At no time I went in the store to buy a pack of
cigarettes. Question: If you didn't have your
wallet, how did you pay the man? Answer: I keep cash in my pocket. I do
not keep cash in my wallet. Question: Earlier in your statement you Are you now saying
stated that you went in the store. that was an untrue statement? Answer:
Well, I didn't mean to say in. It was my intention to go
I never went in the store. in the store. Question:
When I talked to you last
week and showed you the bank surveillance photo, why did you tell me -- it is crossed out here. If I may
add, at the bottom here where I originally wrote -where I was writing a question, when I was giving Mr. Adams the opportunity to review his statement, he
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began to cross some of the information out. an initial, and he made an initial. out my question. that question. Q.
And I made
He was crossing
So I don't think I finished writing
Did he indicate that he did not want
to answer that question? A. No, he didn't. I restarted the
question and said, I told you I would be obtaining video footage to identify the passenger because the passenger was my suspect. Why did you tell me that I
wouldn't see you as the passenger? Answer: I did say that because at first I wasn't thinking The more I
I didn't think about it right then.
about -- I couldn't keep my days straight.
thought about it, I started doing some digging. Question: Do you admit today that you
were in fact the passenger? Answer: Question: Yes. Last week I showed you a
picture of the driver and the truck, the same photo I showed you today. Today you were able to identify the
driver as the same man that gave you a ride, but last week you said you didn't know him. truthful last week? Answer: If you only knew how much I'm Why were you not
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going through.
I'm not no computer.
I didn't
recognize him then. Question: You and I have spoken about
this case on more than one occasion prior to today. Why are you just now telling me that you were the one in the truck? Answer: today. We only spoke twice before
Because when I found out it wasn't my cousin
Michael High, because doing my research/investigation, I was trying to figure out what's going on in regard to the question at hand. Question: You say "when I found out it
wasn't my cousin," but the whole time you knew it was you. you? Answer: am getting aggravated. My answer, I did not do it. I Why were you trying to hide the fact that it was
I am bipolar, and I'm trying to But before End of
work with officers to resolve this matter. this escalates, I prove my case in court. statement. Question: interview? Answer: time.
Do you want to continue the
Yes -- well, no, not at this
That is the end of the statement.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Your Honor? under arrest?
Q.
After you took that statement from
Mr. Adams, what steps did you take after that? A. Upon completing the interview,
Mr. Adams was placed under arrest at that time and charged with the charges. Q. Why exactly did you place Mr. Adams
A.
Because of the totality of the
circumstances of the case, through my overall investigation. The witness Mr. Marshall was able to He admitted
identify him as the passenger of the car. to being a passenger in the car.
The bank teller was
able to identify on the check the name Marvin Adams was written, care of Marvin Adams. Marvin Adams' photo ID
was included with the check to the bank. MR. GRAVES: If I may have a moment,
THE COURT: (Pause) Q.
Yes, sir.
Deputy Clark, at some point did you
have Mr. Marshall do two separate photo lineups? A. photo lineups, no. Q. A. Did you initiate the process? I believe Detective Rooks did at I did not physically present the
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least one of them, according to my incident report. THE COURT: process. THE WITNESS: Q. photo lineup? A. A photo lineup is where we take a No, Detective Rooks did. He said did you initiate the
Just for me and the jury, what is a
minimum of six photographs, and you include the suspect or the person you are trying to identify in the photographs in the lineup. You try to match somewhat
the features, facial features and identities of each of the persons that you are looking at to try to make it stand out to the others. You have the person look at
each photo one at a time and tell you yes or no whether the person you are trying to identify is that person. Q. How do you typically develop your
starting point for a photo lineup? A. In most cases what we try to use is
the Department of Corrections website where they take photographs of anybody that has been in the community corrections program. Q. When the photo lineups were
conducted in this case, were they based on Marvin Adams' -MR. SUMMEY: Objection.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Your Honor? Mr. Adams? question. not recorded.)
THE COURT:
Counsel, approach.
Q.
Deputy Clark, at some point did you
select the photographs to go into the photo lineups? A. Q. No, Detective Rooks did. Deputy Clark, prior to your
involvement with Mr. Adams concerning the case at hand, had you ever had contact with him before? MR. SUMMEY: THE COURT: Q. Objection. Sustained.
Were you familiar with Mr. Adams? Objection. That is a yes or no
A. Q.
Yes. Was this out of character for
MR. SUMMEY: THE COURT: MR. SUMMEY: THE COURT: MR. GRAVES:
Objection. Sustained. Move to strike. It was not answered. If I may have a moment,
(Pause)
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Honor.
MR. GRAVES:
THE COURT:
Ladies and gentlemen, it is I want to remind you It is
time to take our evening recess.
of the duties that I listed for you previously.
our duty not to talk among yourselves about this case. It is your duty not to talk to the parties, witnesses, or counsel about anything. It is your duty not to talk
with anyone else or allow anyone else to talk or say anything about this case in your presence. If anyone
communicates or attempts to communicate with you about this case, you must report that to the Court immediately. You have a duty not to form an opinion
about the guilt or innocence of the defendant or express an opinion about the case as it is thus far. Please avoid reading, watching, or listening to any news accounts of the trial, if there be any. Finally,
you have a duty not to go to any place where these alleged acts were alleged to have been committed. Please be back in the jury room tomorrow morning at 9:30, and we will proceed at that time. You
may leave your jury badges in your seats and gather in the jury room tomorrow morning at 9:30, and you will be brought out collectively. evening. Thank you. Have a good
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Well, hold on.
(Jury Absent - 5:00 PM:) THE COURT: Let the record reflect that You may step
we are outside the presence of the jury. down.
(The witness left the witness stand.) THE COURT: Mr. Summey, I am not holding
you to this, but are you of the opinion that you will or will not be calling witnesses? MR. SUMMEY: I will not.
Judge, if Your Honor please, in this particular case the officer was testifying from a supplemental investigation report regarding the incident where he says he met my client at his house in the course of the testimony. in my -THE WITNESS: 1700 hours at the bottom. MR. SUMMEY: I don't have that, Judge. It is dated February 7 at Judge, I don't have that
(There was an off-the-record conversation, which was not recorded.). MR. SUMMEY: Okay, I have it.
(End of 07/11/12 proceedings, 5:04 PM)
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 for $10. to $10.42. jury in?
PROCEEDINGS, 07/12/12, 9:40 AM THE COURT: Anything before we bring the
MR. GRAVES:
The State has a brief Your Honor, the
motion before we bring the jury in.
indictment for attempted obtaining property by false pretenses reads that this property was obtained by means of changing the amount of a check from $10 to $600. THE COURT: MR. GRAVES: Yes. And the original amount was
The State would move to amend that $10 amount The State would present to the Court that
we are not contesting the amount of the original check in terms of dollars and cents but the fact that it was altered. THE COURT: MR. SUMMEY: What says the defendant? If it please the Court, I would
Judge, I don't think it makes any difference.
say, Judge, at this point in time that the jury has been impaneled and witnesses have been sworn, and I think prejudice has attached to the State with respect to any changes they would deem to make. I am not
saying that is a fatal variance, but it is a variance from the indictment that was presented to the grand
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jury back in May of 2011. Court's decision. THE COURT:
But I will leave it in the
Do you have any law on
amending indictments prior to -(Pause) MR. GRAVES: Your Honor, Assistant
District Attorney Warner told me he will research it, if the Court would like to continue to proceed, and we could re-address it out of the jury's presence. THE COURT: will do that. Ask the jurors to come in, please. (Jury Present - 9:45 AM:) THE COURT: with you. CROSS-EXAMINATION BY MR. SUMMEY - 9:46 AM: Q. A. Q. enforcement, sir? A. Q. officer? A. Q. I am a patrol deputy. What exactly are your 11-and-a-half years. And you said you are a patrol Good morning, Mr. Clark. Good morning. How long have you been in law Mr. Summey, the witness is All right. Thank you. We
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responsibilities as a patrol deputy? A. Respond to calls for service,
patrol, crime prevention, some investigations, street narcotics. Q. If you could, please explain to the
members of the jury, when you investigate a misdemeanor versus a felony, what type of investigation -- are you required to do a DA's report? A. Yes. When the crime is charged for
a felony versus a misdemeanor, a District Attorney's report is required. Q. And that is an officer's
investigation report; is that correct? A. Q. the charge itself? A. Q. 72 hours. Now, do you type your own That is correct. And that is within how many hours of
investigation reports, or do you have your secretary at the Sheriff's office type your reports? A. I either handwrite or type, and then And then one
it is submitted to the Sheriff's office.
of the Sheriff's administrators will retype it and enter it into the computer. Q. And this report that was compiled
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and was turned in to the DA's office, received February 2011, would that have been typed by somebody else or typed by you, the one that is in your hands now? A. Q. A. Q. A. January 6. Q. Was that report typed by you or For which date? The actual report that you did. The original report? Yes, sir. The original report was typed on
someone within the Sheriff's office? A. typed by me. Q. you turned in. A. I don't have the actual District I'm saying the actual DA report that The original incident report was
Attorney's report in my hand to verify the date it was typed and submitted. MR. SUMMEY: THE COURT: If I may approach, Judge -Yes, sir.
Members of the jury, I am going to ask you to go to the jury room for a few minutes. Please
remember my previous admonitions to you about not communicating with anyone about this case or forming an opinion about the defendant's guilt or innocence. You
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are not to do that.
Please be in the jury room, and I Thank you.
will call for you shortly.
(Jury Absent - 9:49 AM:) THE COURT: minutes. (There was a recess in this case from 9:49 AM to 10:01 AM while the Court attended to another matter.) THE COURT: in, please. (Jury Present - 10:02 AM:) Q. Officer Clark, field notes are Ask the jurors to come back Court will be at ease for 10
actually notes that you take out in the field; is that right? A. Q. That is correct. And when you went and talked to
Ms. Hudson on January 6, you talked to her at the bank; is that right? A. Q. That is correct. And so any notes you took at the
bank you would consider to be field notes; is that correct? A. Q. That is correct. And basically you testified to the
members of the jury that when you talked to her on the
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6th, the bank was somewhat busy, so you really didn't pull her to the side and interview her; you just got some cursory notes about the case; is that right? A. I spoke to her in person there. I
did not take her to a separate room and sit her down and have her write a statement. I took her information
orally and put it down in the incident report. MR. SUMMEY: THE COURT: If I may approach, Judge? Yes.
(Defendant's Exhibit Number 3 was marked for identification.) Q. I am going to hand you what I have Are those your
marked as Defendant's Exhibit Number 3. field notes -A. Q. Yes, sir.
-- that you took regarding your
conversation with Ms. Hudson? A. to that. Q. Well, are there any other notes -Yes, some of these notes are related
handwritten notes that you have somewhere else? A. Yes. As I also testified yesterday,
my notes -- I don't create one separate page of notes per se for each thing that I do. Q. Do you have some other handwritten
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notes anywhere in your file or anywhere in the Sheriff's department that reflects any other conversation you had with Ms. Hudson, any handwritten notes? A. Q. right? A. There is another page of notes, No. So those are the only notes; is that
which would be in the District Attorney's report. Q. A. Do you have it with you up there? Yes. If I may approach, Judge? There is
MR. SUMMEY: A. another set also. Q.
I have the same one here.
That would deal with your
conversation with Ms. Robinson, would it not? A. Q. Yes. But I am talking about Ms. Hudson.
If you could for the members of the jury, do you have a day on there that you talked to Ms. Hudson? A. Q. No. Do you have anything showing that
you read it to her and that she signed that as what she told you? A. No, because it was not a statement
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for her to sign. Q. Did you read it to her and let her
sign anything is the question. MR. GRAVES: THE COURT: A. Q. No. And all that she related to you was Objection. Answer yes or no.
it was two black males; is that right? A. Q. didn't write down? No. What else did she tell that you I'm saying, if you could look at
the statement I handed you, those are -THE COURT: MR. SUMMEY: statement, Judge. Q. on January 6. MR. SUMMEY: him about, Judge. Q. Pertaining to your field notes on That's what I was asking Could you look at your field notes That's not a statement. I'm sorry, I keep saying
January 6, did she tell you anything other than what you wrote down? A. Yes. She told me something other
than what I wrote down, yes. Q. Why wouldn't you write that down?
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that right? -thing.
A. Q.
Because it is in my incident report. But you didn't write it in your
handwritten notes when you talked to her? A. No. I don't write every single
Q.
Well, isn't it true that you wrote
down the name Michael Adams? A. Right. Yes, I did. That was just
Q.
That's the name she gave you; is
A.
Originally.
She called me later and
gave me Marvin Adams.
That name Marvin Adams is in the
original incident report. MR. SUMMEY: THE COURT: Q. If I may approach, Judge? Yes.
But basically you took down her
contact information; correct? A. Q. Yes. And you took down two black males,
one with a toboggan, a Redskins toboggan; is that right? A. Q. A. That is correct. In a dark truck? That is correct.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that right?
Q.
And that is all you wrote concerning
your conversation with her; is that correct? A. Q. That is correct. And that was three days after the
incident; is that right? A. Q. That is correct. And isn't it also true that she is
basically the primary -- the primary witness in this case; is that right? MR. GRAVES: THE COURT: Q. Objection, Your Honor. Sustained.
Would you not consider her to be an
important witness in the case? A. Q. She is a witness in the case. She is a witness to the case; is
A. Q.
Yes. She is the only one that can tell
you what happened at the bank; correct? A. Q. No. She is the main one -- she is the -Objection, Your Honor.
MR. GRAVES: Q.
She is a disinterested witness as
far as what happened at the bank; correct? MR. GRAVES: Objection.
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THE COURT: Q.
Objection sustained.
Well, let me ask you this, why did
you not go back and take a formal written statement from her? A. Q. I didn't feel that I needed to. Isn't it true that she met with --
are you familiar with her meeting with Kanter Morris on August 22, 2011? A. I am only familiar with it as to our
conversation in the courtroom yesterday. Q. A. Q. So you were not at that meeting? No, I was not. Were you familiar with her saying
that -- did you know prior to yesterday that Ms. Hudson told Ms. Morris that the driver said, if there's a problem that I could come in or we could come in if you want? A. I did not know that. Objection, Your Honor. Overruled. If he knows, Judge. I said overruled.
MR. GRAVES: THE COURT: MR. SUMMEY: THE COURT: Q. A. Q. Sir?
I did not know that. Did you know prior to yesterday that
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Ms. Hudson told Ms. Morris that the driver did everything at the counter? MR. GRAVES: Objection, Your Honor. I
think the basis of his question is the notes that Attorney Morris took, not a statement given by Ms. Hudson. MR. SUMMEY: what she testified to. THE COURT: prior to yesterday. A. Anything dealing with the meeting of You can answer if you knew And what I want to ask is
Ms. Morris and Ms. Hudson, I had no prior knowledge of until yesterday in court. Q. Well, did you know prior to
yesterday that the name of the person was written on a piece of paper that Ms. Hudson had in her custody, care, and control that she threw away? that? A. Q. A. Q. A. Q. Yes. Sir? Yes. You knew about it? Yes. Did you ever make any attempt to What was your answer? Did you know
take either -- at some point you arrested my client; is
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that right? A. Q. That is correct. Subsequent to his arrest, did you
ever make any attempt to take his identification and the identification of Mr. Marshall and take it and show it to Ms. Hudson? A. No, I did not take his personal
identification upon arrest. Q. A. Q. that right? MR. GRAVES: THE COURT: Q. Objection, Your Honor. Sustained. Did you try to get it? No. But you could have gotten it; is
And do you have any direct witnesses
that you know of that you interviewed that said they ever saw Mr. Adams taking the check out of Ms. Robinson's mailbox? A. Q. No. Did you canvass the neighborhood or
attempt to canvass the neighborhood to talk to neighbors or potential witnesses to see if anyone saw anything strange in the neighborhood that day? A. Q. No. And you testified yesterday that you
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were able to gather Mr. James Marshall as a person of interest in this case; is that right? A. Q. A. Yes. How were you able to do that? Randomly showing his picture around
until somebody gave me the name and said, I know who he is. Q. A. Q. Who gave you the name? I don't recall. And prior to that, did you have any
knowledge as to whether or not Mr. Marshall ever went down to the police department to say anything about what happened at the bank? A. I did not know Mr. Marshall prior to I had never seen him.
this incident at all. Q.
And you received the name of
Michael -- was there ever conversation about a Presto store? A. The only conversation about Presto
was in my interview with the defendant. Q. What was that about? Did you
question him about Presto? A. No. He brought it up in the
statement which I read to the jury yesterday. Q. And you never extracted a check, is
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that right, or found a check; is that right? A. Q. That is correct. And based upon -- you were in here Based upon what
yesterday when Ms. Hudson testified.
she said -- she didn't say what the check number was or anything on that check; is that correct? A. number. Q. She didn't say who signed it or who I don't remember her saying a check
endorsed it or what was written on the check, correct, from what she testified to? A. don't believe so. Q. And you can't say who wrote what on To the best of my recollection, I
that check, can you? A. I can't say who wrote what. I can
just tell you what Ms. Hudson told me was written on the check the day that I questioned her at the bank. Q. So the answer to my question is you
can't say; is that right? A. Q. Right. Did you ever offer either my client
or Mr. Marshall any type of test to tell whether or not they were telling you the truth, any type of -MR. GRAVES: Objection, Your Honor.
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THE COURT: Q.
Finish your question.
Did you offer Mr. Marshall or my
client a polygraph test? A. No. Objection sustained.
THE COURT: Q.
Do you know how far James Marshall
lives from Ms. Robinson? A. The Lincoln Heights community is
approximately one mile outside the city limits of Roanoke Rapids on US Highway 158. And Lee Lane Road
where Mr. Marshall lives is the opposite direction going down NC Highway 48 outside of Roanoke Rapids approximately four to five miles. Q. So to answer my question, about four
or five miles or six miles? A. Q. Four to five miles. Tell the members of the jury at some
point when you made contact with Mr. Marshall if you allowed him to drive down to the police department. A. Q. Yes, I did. And when he met you down there, did
you advise him of his Miranda rights? A. I don't remember if I advised him of
his Miranda rights at that point. Q. Why did you let him drive and not
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take him? A. wasn't in custody. Q. Did you ever take an opportunity to It was a noncustodial interview. He
speak to the mail carrier on that route, on Ms. Robinson's route to see if the mail had been picked up that day? A. Q. is that right? A. believe he did. Q. education? A. Q. A. Q. That is what he told me. You wrote it down; right? Yes. In your opinion would you consider You put down he had an eighth grade At the end of his statement I No, I did not. Mr. Adams told you he was bipolar;
that to be a limited education? MR. GRAVES: THE COURT: Q. Objection, Your Honor. Sustained.
Do you have an opinion as to whether
he understood what you were asking him? A. I believe in my opinion that Marvin
Adams understood what I was asking him.
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Q.
Did he appear to be bipolar to you? Objection, Your Honor. Sustained.
Why is it that you allowed -- you
did allow Mr. James Marshall to write his statement; is that correct? A. Q. Yes. Why didn't you allow Mr. Adams to
write his statement? A. He asked if I would write it for
Q.
Did you write anywhere in the
statement that he asked that you write it for him? A. Q. No. Why did you then -- but in
Mr. Marshall's situation, you allowed him to write his statement and then you wrote a statement, is that right, or you added an addendum to the statement; is that right? A. No. I asked follow-up questions,
and I wrote down the question that I asked and the answer that went along with it. your client. Q. And you just took what he said at And I did the same for
face value; is that right?
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A. Q.
Yes. And this man talked to you twice,
A. Q.
He did. If -- you said that -- you testified
yesterday you were able to see my client in the video; is that right? A. Q. That's right. And you testified also that
Ms. Hudson told you that the check had in care of Marvin Adams on it; is that right? A. Q. A. That's right. What day did she tell you that? It was the day that I interviewed
her at the bank, but later on in the day. Q. A. Q. What day would that have been? January 6. And you say you know my client; is
A. Q.
That is correct. If that is the case, why didn't you
arrest him that day? A. Because I hadn't completed my
Q.
You said that was him on the video,
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and she told you it was him trying to pass the check; is that right? A. She did not tell me it was him She told me that the check
trying to pass the check.
had been altered to say care of Marvin Adams and that the check was altered from the original amount to say $600 and the identification card along with the check was that of Marvin Adams. Q. The Sheriff's department is now
equipped with audio and video recording equipment; is that correct? A. Division. I am not in the Investigative
I do not know what technology they have
available to them in their interviews. Q. So you don't know what is available
at the Sheriff's office that you work for? A. Q. department? A. I don't have information as to what It is not available to me. Is it available to the Sheriff's
they have available to them in the Investigative Division. Q. So suffice it to say that none of
your interaction with Mr. Adams was ever recorded, either audio or visual; is that right?
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Your Honor?
A. Q.
That is correct. And you are saying basically that You
you couldn't do it yourself; is that right?
couldn't record either audio or visually; is that right? MR. GRAVES: THE COURT: Q. Objection, Your Honor. Sustained.
Or you didn't? Sustained. Nothing further. Redirect? If I may have a moment,
THE COURT: MR. SUMMEY: THE COURT: MR. GRAVES:
THE COURT: (Pause)
Yes.
REDIRECT EXAMINATION BY MR. GRAVES - 10:20 AM: Q. Deputy Clark, going back to the
discussion about your field notes, just to reiterate, what exactly are field notes? A. Field notes are just random notes
that I jot down during my investigation, during the initial investigation, just notes that I use to jot down small bits of information so that I can recall it while I am writing my incident report. Q. And do you typically ask people to
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sign your field notes? A. Nobody sees my field notes except me
and the attorneys in discovery. Q. And what do you mean by the
attorneys in discovery? A. I am required to submit any and all
information or notes that I write down concerning the case and submit it with the District Attorney's file. Discovery is a process in which the defense has an opportunity to review the same information that we have in our case file. Q. A. Q. And did you do that in this case? I did. After being questioned by Attorney
Summey regarding whether or not Ms. Hudson gave the name of Marvin Adams, how exactly did she know that name, or how was she able to give it to you? A. During my initial conversation with
her, she told me that she wrote the name down on a piece of paper. immediately. She couldn't recall the name
She said that she -- she gave me a name.
I don't have that page in front of me, but I believe it was Michael -- yes, I do, Michael Adams. But she told
me that she couldn't remember the name; that's the first name that popped in her mind. She said to give
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her some time and she would locate that piece of paper that she wrote it down on and she would call me at a later time and give me the actual name, which she did. She gave me the name Marvin Adams. Q. At that point did you already have
the name Marvin Adams in your head as a suspect? A. Q. No. Did you tell her the name Marvin
Adams before she gave you that name? A. Q. suspect? A. The only information I had was the While I was No. At that point who did you have as a
name -- at that point was Michael Adams.
waiting on her to give me the name, to confirm or alter the name that she gave me, I began doing an investigation and research on that name. Q. You stated to Attorney Summey that Did
Ms. Hudson had never provided a check number. Ms. Robinson provide a check number? A. Q. She did.
You also stated to Attorney Summey
that you could not say who wrote what on the check. But what information could you provide that was related to you by Ms. Hudson regarding what was written on the
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check? A. The information that I documented in
my incident report is that Ms. Hudson stated that two black males in a dark-colored Nissan truck drove up in Lane 2 of the drive-through and attempted to cash a check from Ms. Robinson's personal checking account, and on the check the amount had been changed from $10 to $600, and the payee had been altered to read care of Marvin Adams. Ms. Hudson told me that the male driver
of the truck produced a valid identification card with Marvin Adams as the name on the card. When
Ms. Robinson couldn't be contacted at that point, Ms. Hudson returned the check back to the driver. Q. Did Ms. Hudson ever indicate to you
that a driver's license had been presented with the name James Marshall on it? A. Q. No. And going forward, Deputy Clark, to
the point that you met with Mr. Adams in the Sheriff's office, could you tell us whether or not that was a voluntary interaction with Mr. Adams, or did you make him come to the Sheriff's office? A. He was already at the Sheriff's
office trying to obtain warrants for an unrelated matter. I met him in the lobby. I was walking through
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the lobby, and I saw him there.
I asked him if he had
time to speak to me again about the case that I was investigating, if he would be willing to sit down in an interview with me, which he agreed to do. Q. You stated to Attorney Summey that
you believe that Mr. Adams understood what was going on as far as the interview? A. Q. Yes. You also stated to Attorney Summey,
after being questioned by Attorney Summey, that Mr. Adams had talked to you twice? A. Q. Yes. Each time that you spoke to
Mr. Adams, did his stories add up; were they the same? MR. SUMMEY: THE COURT: Q. Objection to that, Judge. Rephrase your question.
Each time you spoke with Mr. Adams,
did he give the same account of what had happened? MR. SUMMEY: THE COURT: A. Q. No. What were the differences? Objection. Overruled. Beyond the scope. Objection. Overruled.
MR. SUMMEY: THE COURT: MR. SUMMEY:
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THE COURT: A.
Overruled.
My first interaction with him at his
residence, his home, Mr. Adams denied knowing -- when I showed him a picture of Mr. Marshall in the driver's seat, he denied knowing who he was and had never seen him. I also told him I was trying to identify the And he was emphatic and told me that
passenger.
through my investigation I would not find him as the passenger. On the date of the interview in which he gave a written statement, on that day he admitted to me as being the passenger of the vehicle, at which time I knew that he had in fact seen Mr. Marshall before. So
he told two different versions, told me two different things. The first time he told me he had no knowledge
of him; the second time he did. Q. In regards to recording the video,
you stated that there is some difference between the Investigative Division and -- what division are you in? A. Q. I am in the Patrol Division. Do you typically record interviews
as a member of the Patrol Division? A. Q. A. I do not. Why is that? Because I don't have my own personal
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recording device. Q. So are investigative officers
assigned recording devices? A. I don't know what their individual But I do not
equipment that is assigned to them.
believe they have recording devices assigned to them. The detectives that I know that record some of their interviews have their own personal recorders. Q. Do you even have an office at the
Sheriff's department, like your own personal office? A. Q. its own office? A. Yes. If I may approach the I do not. Does the Investigative Division have
MR. GRAVES: witness, Your Honor? THE COURT:
Yes.
(State's Exhibit Number 7 was marked for identification.) THE COURT: Ladies and gentlemen, I need Please
you to go to the jury room for a few minutes.
remember my previous admonitions not to discuss the case among yourselves. You are not to discuss the case
with anyone else or allow anyone else to talk or say anything about the case in your presence. If any
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communicates or attempts to communicate with you about this case, you must report that to the Court immediately. Please do not form an opinion about the
guilt or innocence of the defendant or express an opinion about the case as it is thus far. Please be in the jury room, and I will call for you shortly. Thank you.
(Jury Absent - 10:30 AM:) THE COURT: Let the record reflect that
we are outside the presence of the jury. Mr. Graves, what you have just attempted to identify is the bank video from First Citizens Bank on the day in question; is that correct? MR. GRAVES: THE COURT: Yes, Your Honor. And I assume you are going
to be seeking to exhibit this to the jury; is that correct? MR. GRAVES: video contained on the disk. THE COURT: MR. SUMMEY: the record. Mr. Summey? Judge, I would object for Not just the disk but the
Number one, this is beyond the scope of
cross-examination, number one. And, number two, I don't believe this officer can authenticate that video. They have no one
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from the bank to authenticate the authenticity of that video, no one to say this is the video from First Citizens Bank on such-and-such street in Roanoke Rapids on January 3, 2011. They are just coming in here with
the video, and they want to say this is the video for this particular case. I think, Judge, they have to got
to go through some hoops to authenticate that bank video, and I don't think this officer can do it. We
would contend, Judge, that they need a representative here from First Citizens Bank, whoever the officer was that downloaded that video and then either turned it over to this officer or handed it to this officer, to say this is the video from this bank on this day. THE COURT: officer saw the video. You actually saw this video? THE WITNESS: THE COURT: Yes. And based on -- and you took As I understood it, the
certain actions after you saw the video? THE WITNESS: THE COURT: That is correct. I don't have a problem with
the video being authenticated, considering he saw this and he acted upon it. My issue is whether it is in fact beyond the scope. However, as I recall -- this witness didn't
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come to you until this morning; is that correct? didn't ask him any questions until this morning? MR. SUMMEY: THE COURT: MR. SUMMEY: Yes ma'am, correct. On questions about --
You
I didn't ask him one word;
I didn't ask him one question -MR. GRAVES: Attorney Summey did
question Deputy Clark regarding whether or not he saw Mr. Adams in the video at the bank. MR. SUMMEY: the case. THE COURT: MR. GRAVES: note of it when he said it. THE COURT: could -(Pause) THE COURT: The court reporter has Madam Court Reporter, if you When was that, this morning? Yes, Your Honor. I made I don't believe that to be
reviewed the record and determined that there were two instances in which, Mr. Summey, you made reference or asked questions regarding the video and the officer's reviewing the video, and therefore the Court determines that the video is not outside the scope of your cross, so redirect of this video will not be outside the scope of your cross.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 in? noted.
MR. SUMMEY:
And, Judge, I want to
object for the record on the issue of authenticity of the actual video itself not being authenticated by any member of the bank, First Citizens Bank. THE COURT: Yes, sir, your objection is
With regard to the issue -- since the jury is still out, with regard to the issue of the amendment to the indictment, the Court will allow that amendment. MR. GRAVES: THE COURT: Your Honor -The indictment will be
amended to read $10.42 versus $10, as it reads now. MR. GRAVES: And, Your Honor, the State
only mentioned the obtaining property by false pretenses, but the request would be the same for the additional charge as well, because I think that same figure was on the other charge. THE COURT: MR. GRAVES: THE COURT: Yes. Thank you, Judge. Both indictments will be
amended to read $10.42 versus $10. Anything else before we bring the jury
MR. GRAVES:
No, Your Honor.
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 January 3. the offense? February 2? Your Honor?
No. Did you want to que that up
so you don't have to do it in front of the jury, or is it already done? (Pause while the television was set up) THE COURT: Ask the jury to come back.
(Jury Present - 10:55 AM:) THE COURT: MR. GRAVES: Yes, sir, Mr. Graves? May I approach the witness,
THE COURT: Q.
Yes, sir.
Deputy Clark, I am handing you what Could you
has been marked as State's Exhibit Number 7. identify that item? A.
This is the CD that I was given by
the First Citizens Bank representative on February 2. It contains the video footage, the security surveillance from the day in question. Q. And that was given to you on
A. Q.
That is correct. And what was the original date of
A.
The date of offense was on
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 allowed. Your Honor? from the bank.
Q.
Were you initially given the video
evidence, or what were you given first? A. At first I was given the photographs
MR. GRAVES:
May I approach the witness,
THE COURT: Q.
Yes.
I am handing you what have been Could you
marked as State's Exhibits 2, 3, and 4. identify those items? A.
These are the photographs that I
received from the bank during my initial investigation, from Lane 2 of the bank drive-through. MR. GRAVES: Your Honor, the State
hereby moves to have those photographs admitted in the State's evidence. MR. SUMMEY: THE COURT: MR. SUMMEY: THE COURT: Objection. Do you wish to be heard? No. Objection overruled; motion
Q.
And after you received those
photographs, what steps did you take after that in terms of obtaining more video evidence? A. Upon reviewing these photos of the
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bank, I informed them that I would need a copy of the -- a digital copy of the actual surveillance video, which at that time they told me that I could not get that -MR. SUMMEY: him. MR. GRAVES: Your Honor, this is not Objection to what they told
being offered to prove the truth of the matter asserted. THE COURT: A. Objection overruled.
They were not able to produce the
video at that office. MR. SUMMEY: not able to do, Judge. THE COURT: A. Objection overruled. Objection to what they were
They would have to get their
corporate office to produce the video. Q. video? A. Q. A. I did. And how did you receive it? I was contacted by the bank on And did you eventually obtain the
February 2 and told that the video was available, and I went by the bank and picked it up. Q. And what steps did you take after
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you picked up that video? A. After I picked up the video, I took
it to the Sheriff's office, where I viewed the footage on one of our computers. Q. And from that footage, were you able
to come up with a suspect? A. Q. Yes. And who was that suspect? Objection. Overruled.
MR. SUMMEY: THE COURT: A. as Marvin Adams. Q. video? A. Yes.
I was able to identify the passenger
And was that based solely on the
MR. GRAVES:
Your Honor, at this time
the State would ask that the Court allow the State to play the video. THE COURT: MR. GRAVES: moves to admit the video. THE COURT: It shall be received. Are you moving to admit it? Yes, Your Honor. The State
(The witness left the witness stand and testified in front of the jury box as follows:) MR. GRAVES: Just for clarification, is
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Deputy Clark allowed to tell what he is seeing in the video? THE COURT: Q. Yes.
Deputy Clark, as I play this video,
would you just explain to the members of the jury exactly what we are looking at and your impressions when you are watching this video. (State's Exhibit Number 7 was turned on and began playing.) A. This is the video from Lane 2. The That
is the suspect vehicle coming into view there.
angle just before this, if you -- are able to back it up? (State's Exhibit Number 7 was rewound.) A. was able to -MR. SUMMEY: THE COURT: MR. SUMMEY: THE COURT: Objection. Overruled. If I may? Yes. It was at that angle there that I
(There was a bench conference, which was not recorded.) Q. A. Continue, Deputy Clark. From this view here, I was able to
recognize the passenger as Marvin Adams.
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Q. A. Q.
Had you ever seen him before? Yes. I am familiar with Mr. Adams.
So when you saw this video, did you
just immediately know who it was? A. No. I knew the original name given
on the check and the identification card passed was Marvin Adams. And after seeing the video and seeing
the passenger -- I personally know Marvin Adams through dealing with him job-related, and I was able to recognize him myself. It is a much clearer picture
here than on the photographs that the bank printed out in black and white. Q. Could you continue to tell us what
A.
That is the witness Mr. Marshall,
and he is putting the check and the driver's license inside the machine there. Q. At that angle, can you see the other
person in the vehicle? A. Q. No, not at that particular angle. And can you see what the other
person may have done in the vehicle? A. Q. No. If you could, retake the witness
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(State's Exhibit Number 7 was turned off, and the witness returned to the stand.) Q. Deputy Clark, after you made the
identification of Mr. Adams in that video, did anything come about after that that caused you to question the identification that you had made of Mr. Adams? MR. SUMMEY: THE COURT: A. No. Objection. Overruled.
I was positive in my
identification of Mr. Adams. Q. And approximately how long had you
known or dealt with Mr. Adams before making an identification in the video? MR. SUMMEY: THE COURT: A. Objection. Overruled.
I had known him for a couple of
MR. GRAVES:
THE COURT:
Mr. Summey?
RECROSS EXAMINATION BY MR. SUMMEY - 11:04 AM: Q. You said that your field notes are
random, is that right, the notes you take are random? A. Q. Yes. Well, aren't those the actual notes
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from witnesses that you talk to? MR. GRAVES: THE COURT: Q. Objection, Your Honor. Your field notes are random?
Did you not testify on redirect that
your field notes are random? A. I testified that the field notes are
not exactly written one page for each person that I talk to. Q. A. Q. Did you not say they were random? I don't recall my exact words. Those are your actual notes, is that
right, from when you talk to witnesses out in the field; correct? A. Q. Yes. And you never located a piece of
paper with Mr. Adams' name on it; is that right? A. Q. I did not. And you were also given the name of
Michael High; is that right? A. Q. Yes. And if you could, where are your
field notes -- when you talked to Mr. Adams on February 2 of 2011, you said you talked to him at his residence; is that right? A. Yes.
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Q.
So that would have been out in the
field; is that correct? A. Q. Yes. So where are your field notes from
your encounter with him on February 2? A. I didn't make any. Objection, Your Honor. Overruled.
MR. GRAVES: THE COURT: Q. A.
Why didn't you make any? Because I could recall the little
bit of information that I got that day. Q. So sometimes you do field notes and
sometimes you don't? A. Q. That is correct. So when do you determine when you
are going to do field notes and when you are not? A. I don't have any specific way of
Q.
And you testified that you showed
Mr. Adams some photos on February 2, 2011? A. Q. A. Q. Yes. Which photos did you show him? The three photos that were here. How do you know those are the three
photos you showed him?
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A.
Because these are the three photos
that I was using during my investigation. Q. Did you have him sign anything
showing that he is not in the photo? A. No. If I may approach? Yes. Would your question
be, did you have him sign anything showing that he was not in the photos? MR. SUMMEY: Yes, that he was or was not
Q.
Did you have him sign anything
acquiescing or consenting or agreeing that he was or was not in the photos? A. No. If I may approach? Yes.
MR. SUMMEY: THE COURT: Q.
Look at State's Exhibit Number 3.
That's about the best -- that's a clear photo of two people in a truck; is that right? A. Q. That is correct. And in that photo are you able to
say that is Marvin Adams? A. Q. In this photo? Yes, sir.
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A. Q.
No. So your testimony to the jury is in
State's Exhibit Number 3 you can't say that that is Marvin Adams in that photo in the passenger's seat; is that correct? A. Q. That is correct. And this photo was taken from this
video that you just showed; is that right? A. Q. A. Q. That is correct. It is the same photo? That is correct. And in State's Exhibits Number 2 and
4, those just show the driver; is that right? A. Q. That is correct. In that video that you showed -If you could, bring that I don't know how to use
MR. SUMMEY: video back up, Mr. Graves. your -Q.
If you could step down.
(The witness left the stand and testified in front of the jury box as follows:) (State's Exhibit Number 7 was turned on and began playing.) Q. That is the video from Lane 2; is
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A. Q.
Yes. Is that what you are telling the
members of the jury you can clearly see that is Marvin Adams? A. That is correct. The quality of the
video is much greater than the quality of the photograph that I was given. Q. This is the same quality video that
you saw when you are saying that is Marvin Adams on the day in question? A. Q. Yes. That is the same quality video, and
you can tell exactly who that is in that blurry video? A. Q. A. Yes, because I am familiar with him. That is a blurry picture, is it not? I can tell that is him.
(State's Exhibit Number 7 was turned off, and the witness returned to the stand.) MR. SUMMEY: THE COURT: Nothing further. You may step down.
(The witness left the stand.) MR. GRAVES: At this time the State
would move to admit into evidence State's Exhibit Number 1, as well as publish all of the State's exhibits to the jury.
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THE COURT:
All right.
Ladies and gentlemen, the State is now seeking to publish to you all of their exhibits other than the video, which you have already seen. Publishing just means they are going to show them to you. If you will, review each of the exhibits to your And once you have reviewed it to your
satisfaction.
satisfaction, pass it on to the next juror without comment, please. (Exhibits published to the jury) THE COURT: you to go to the jury room. Sheriff, wherever the exhibit is, I need you to collect that. Ladies and gentlemen, I will ask you to step to the jury room. Please be in there, and You are not to talk You are not to allow Please do Ladies and gentlemen, I need
remember my previous admonitions. about the case among yourselves.
anyone else to talk about the case with you.
not form an opinion about the guilt or innocence of the defendant or express an opinion about the case as it is thus far. Thank you. (Jury Absent - 12:03 PM:) THE COURT: Let the record reflect that
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Please, please, please copy exhibits. One of the jurors needed a bathroom break. (Pause 12:03 PM to 12:15 PM) (Jury present - 12:15 PM:) THE COURT: Thank you, ladies and
We have prepared six copies of the last
exhibit so you all can read along and speed it up a little bit. Sheriff, if you would, give six copies -- and I believe Ms. Jones was in the middle of reviewing the last exhibit. Is that correct? Yes ma'am.
JUROR NUMBER 12:
(Continuation of exhibits being published to the jury, 12:16 PM - 12:26 PM) THE COURT: MR. GRAVES: Mr. Graves, it is with you. Your Honor, that is the
close of the State's evidence. THE COURT: Ladies and gentlemen, we are I want to remind It
going to take our lunch recess now.
you of the duties that I listed for you previously. is our duty not to talk among yourselves about this case. It is your duty not to talk to the parties,
witnesses, or counsel about anything.
It is your duty
not to talk with anyone else or allow anyone else to talk or say anything about this case in your presence.
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If anyone communicates or attempts to communicate with you about this case, you must report that to the Court immediately. You have a duty not to form an opinion
about the guilt or innocence of the defendant or express an opinion about the case as it is thus far. Please be back in the jury room this afternoon at 2 o'clock, and we will proceed at that time with this case. Thank you.
we are outside the presence of the jury. Mr. Summey, do you wish to be heard? MR. SUMMEY: Yes, Judge. We will not be
presenting any evidence, but I would like to make a couple of motions at the close of the State's case. If Your Honor please, with respect to the larceny of a chose in action and the possession of stolen goods or property, Judge, it is alleged that my client did steal, take, or carry away another's chose in action, the personal property, personal check Number 3352, from First Citizens Bank valued at $10.42 from the possession of Joanne Robinson. And, Judge, the
misdemeanor possession of stolen property would be the personal check Number 3352 from First Citizens Bank. If Your Honor please, Judge, there has
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been no evidence that my client stole, took, or carried away any check belonging to Joanne Robinson. There is
no witness who testified that they saw my client take the check. I believe, Judge, the DA's office may come up with the doctrine of recent possession. But,
Judge, again, there has been no evidence that my client possessed anything other than -- the only evidence -the tangible evidence shows that Mr. James Marshall was in possession of the check. Mr. James Marshall is the
one who put it in the driver's teller machine and sent it to Ms. Hudson. Judge, again, there has been no tangible evidence or testimony that the State has elicited from Ms. Robinson showing that that check that she put in the mail that morning was the actual check that Mr. Marshall would have or tried to pass to Ms. Hudson at 4 o'clock in the afternoon. You have got a six-hour
window, Judge, from 10:00 AM until 4 in the afternoon. Ms. Hudson testified that she was not able to take any identifying information off the check. Ms. Robinson
testified that the check Number 3352 was the check that she wrote for $10.42 to an address labeling company. There is no evidence, Judge, that the State elicited -was that the only check that you put in the mail that
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day?
Was that the only piece of mail that you put it None of that was
the flow of commerce that day? elicited.
She could have put three or four or five But be that as it may, there is no
checks in the mail.
evidence to show, Judge, that that check that Mr. Marshall tried to pass off to Ms. Hudson is that check that Ms. Robinson put in the mail at 10 o'clock that morning. So, Judge, again, on the larceny of a chose in action and misdemeanor possession of stolen goods, Judge, we are arguing that there is no evidence that my client either possessed the check -- there is no evidence that he stole, took, or carried away -- did steal, take, or carry away that check. And, again, that nexus between that check that Ms. Robinson put in her mailbox that morning -- there has been no nexus shown or no tie between whatever was presented that afternoon to Ms. Hudson. There is no check to show the jury. And from what
Ms. Hudson testified to, Judge, she couldn't give you anything on that check. ID belonged to. She couldn't tell you who the
She couldn't tell you what was written She couldn't
on the check, who endorsed the check. tell you who it was made out to. what the check number was.
She couldn't tell you
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And I think, Judge, there is a quantum leap that the State -- there is an assumption the State wants you to make. I think it has been an assumption
from day one, from minute one that that is the check that -- that that check for $10 is the check that Mr. Marshall tried to pass that day. And, Judge, I
don't think there has been evidence to show that that has been presented by the DA's office. And then on the attempt to obtain property by false pretenses, Judge, the instruction says that the defendant made representation to another, which representation was false and was calculated to deceive. Judge, in this particular case Mr. Marshall My client didn't make
made all the representations. any representations.
All you have got, Judge, is my
client sitting in the car -- sitting in the truck with Mr. Marshall, if you believe the video. There is
nothing to show that my client did anything or passed anything to Mr. Marshall. There is no evidence to show
that Mr. Marshall passed or did anything to him after that check came back through the tunnel, through the drive-through carrying window, or the machine. So, Judge, again, there is no representation made by my client to Ms. Hudson that would have allowed him to receive any money from First
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Citizens Bank to the detriment of Ms. Robinson, Judge. All the representations were made by Mr. Marshall and not my client. Again, Judge, I make that motion to
dismiss on those two grounds. MR. GRAVES: Your Honor, the State asks
that the Court deny Attorney Summey's -- both of his motions. In regards to the larceny of a chose in
action, the Court is well aware of the doctrine of recent possession. And all that simply needs to be
shown is that property was stolen, that the defendant -- in this case Mr. Adams -- had possession of that property, and that he had possession of the property so soon after it was stolen and under such circumstances as to make it unlikely that he obtained that property honestly. Your Honor, there has been testimony from Deputy Clark, who initially had contact with Ms. Hudson, that the check had been altered from $10 to read $600. There has been testimony that the payee had
been altered from -- I forgot the labeling company -but it had been altered to read care of Marvin Adams. And we have direct testimony from Ms. Robinson that she had placed a check -- a check outside of her mailbox and clipped it on. She didn't state that she had
placed multiple checks outside of her mailbox and
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clipped them on.
She testified that that was her
common, her routine -- her common course of action was when she wants to place something on the mailbox for the postman to see, she clips it onto the outside of her mailbox, and that is how she places her mail into the possession of the postman. And it is visible to
the postman, Ms. Robinson testified, from where she was sitting out to the first row in the courtroom. Your Honor, the State would submit that there has been evidence that this was the same check that got passed off that day. Even though Ms. Hudson
did not keep the check, but she did remember at that time the information that was on that check, and she relayed it to Deputy Clark, who relayed it to the Court here both yesterday and today. In regards to the attempted obtaining property by false pretenses, Your Honor, Mr. Marshall testified directly that not only was Mr. Adams sitting in the truck, but that Mr. Adams passed him the check -- well, before that, Mr. Adams had him drive through the drive-through and then passed him a check to present to the teller. So If Mr. Marshall was passing
off a check, he was doing so at the direction of Mr. Adams. And, Your Honor, the reason why he is
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charged with attempted obtaining property by false pretenses is that he just fell short of it. Ms. Hudson
testified that had she not had the gut feeling that she had, the transaction would have went through, and she wouldn't have sent the check back. And that is why it
is an attempted obtaining property by false pretenses. The representation that the State would contend that was made that was false was the representation that this check was made out to the care of Marvin Adams and that the amount was for $600 worth of CDs. Even Ms. Hudson testified that that didn't
even appear correct or true on its face and that is why she returned the check. And, Your Honor, just to reiterate, there has been testimony from Ms. Robinson as to the check number and as to her check being missing and that she never made a check out to Mr. Marvin Adams or Marvin High or Michael Adams or Michael High, none of the names associated with this case. any check out to any of those people. So the State would submit that Mr. Adams did come into possession of the check and that he took it and carried it away and that can be shown to the jury by the doctrine of recent possession. THE COURT: Your motion is denied. Your She did not make
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motions are denied. I understood that there will not be evidence by the defendant; is that correct? MR. SUMMEY: THE COURT: Yes. Do you wish to renew your
motions at the end of all the evidence? MR. SUMMEY: THE COURT: Yes. Those motions are denied.
Any objection to us entering into the charge conference? MR. SUMMEY: MR. GRAVES: THE COURT: No. No, Your Honor. I have prepared a rough
draft of my potential charge so that you all can read along with me. Let the record reflect that we are gathered for the purpose of a charge conference at this point. The Court proposes to charge the jury as such:
101.05, function of the jury; 101.10, burden of proof and reasonable doubt; 101.15, credibility of witnesses; 101.20, weight of the evidence; 104.05 circumstantial evidence, 104.20, testimony of interested witness; 104.50, photographs and video evidence; 120.10, definition of intent; 101.30, effect of the defendant's decision not to testify -- Mr. Summey, are you
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requesting that? MR. SUMMEY: THE COURT: attempt charge. Yes. -- 201.10, the general
I have highlighted that, because what
I have done is -- what I intend to do is to give 219.10 modified to include six elements instead of five, and the mandate will read: If you find from the evidence
beyond a reasonable doubt that on or about the alleged date the defendant attempted to commit obtaining property by false pretense and so on and so forth, instead of the mandate on the obtaining property by false pretense charge. Any objection to that by the State? MR. GRAVES: THE COURT: MR. SUMMEY: THE COURT: will come out. Larceny of a chose in action -- I could not find an instruction for that, so I altered the felonious larceny charge. The statute says it is a No, Your Honor. By the defendant? No. So some of that highlighted
felony -- it's a Class H Felony, so I used a Class H felony larceny charge and changed it as you see there. I will define a chose in action as a check. MR. GRAVES: Your Honor, will the Court
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strike the portion regarding felonious versus non-felonious larceny? THE COURT: I will. Is it in there?
Are you looking at the larceny of a chose in action? MR. GRAVES: THE COURT: Yes, Your Honor. I must have taken it out But it will read: The defendant has been For you to
after I printed it for you all. Larceny of a chose in action:
charged with larceny of a chose in action.
find the defendant guilty of this offense the State must prove six things beyond a reasonable doubt. MR. SUMMEY: Well, Judge, I would be
asking for an attempted misdemeanor larceny instruction. THE COURT: larceny? MR. SUMMEY: Yes, ma'am. The jury could Attempted misdemeanor
reasonably -- our position would be that the jury could reasonably find that my client made no representation to First Citizens Bank and/or to Ms. Hudson. THE COURT: larceny? MR. SUMMEY: Yes, ma'am, we are asking Attempted misdemeanor
for a jury instruction on attempted misdemeanor larceny. The value of the check was under $600. They
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could find he might have attempted to steal money but that he didn't make any representations to the bank. So based upon that -THE COURT: MR. SUMMEY: THE COURT: MR. SUMMEY: exception to your ruling. THE COURT: MR. SUMMEY: well. THE COURT: Your objection is noted. So ordered. And note my objection as Attempted misdemeanor? Yes, ma'am. Your motion is denied. I would like to note an
Going back to larceny of a chose in action, any objection to the charge as it is there? MR. GRAVES: MR. SUMMEY: No, Your Honor. I think Mr. DA was asking
the Court to strike the non-felonious portion. THE COURT: highlighted. I am. That is the portion that is
That is why it is highlighted, Isn't it grayed
because I am going to take it out. out? MR. GRAVES: THE COURT:
Yes, Your Honor? The next is 216.46,
misdemeanor possession of stolen goods; and the concluding instruction 101.35, and included in that
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101.36. MR. SUMMEY: Again, Judge, I would like
to renew my motion or request for a jury instruction on attempted misdemeanor larceny. And the basis for that
motion is, Judge, it is our position that the jury could find that my client did not make any representation but that there was an attempt by him to take money from Ms. Robinson in the amount of $600. But they could find -THE COURT: The attempt was not to -- I
am sorry, Mr. Summey, go ahead. MR. SUMMEY: I am saying, it is our
position that the jury could reasonably find that he made no representation but that there was an attempt by him to get money. So I am asking the Court to give the
jury instruction for attempted misdemeanor larceny. THE COURT: $600, so that would be -MR. SUMMEY: THE COURT: MR. SUMMEY: felony. A misdemeanor. $600 -Under $1,000 is not a But the attempt was for
Misdemeanor larceny is under $1,000. THE COURT: But the larceny was the
taking of the check.
The passing of the check was the
obtaining property by false pretense.
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MR. SUMMEY:
I am saying the amount of
the check would have been -- if it was -- either the taking of the check, which there is no value on that -THE COURT: MR. SUMMEY: THE COURT: The taking is larceny. Yes, ma'am. The taking is larceny. So
the larceny -- if they believe that he took the check, there's no attempted taking of the check. of the larceny is the check, not the $600. MR. SUMMEY: Again, Judge, our position The subject
is the representation, the attempt to obtain property -THE COURT: Which is the obtaining.
Once you start saying representation, you move to obtaining; you're off the larceny. Once you start
talking about misrepresentation, that is obtaining property by false pretenses. Misdemeanor larceny
doesn't have anything to do with that. MR. SUMMEY: Okay. Again, we would
respectfully request the Court for the attempted misdemeanor larceny. THE COURT: Your request is denied
Any objection to the charges other than the one that has been announced by the defendant?
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 opening? State? Your Honor.
MR. GRAVES:
Nothing from the State,
THE COURT:
In 11 CRS 50643, attempt to
obtain property by false pretenses, the verdict sheet will read guilty of attempt to obtain property by false pretenses or not guilty. In 11 CRS 50644, the verdict
sheet will read larceny of a chose in action or not guilty, and the second count, possession of stolen property or not guilty. (Pause while verdict sheets were printed and distributed to counsel) THE COURT: Have each of you had an
opportunity to review the verdict sheets? MR. GRAVES: MR. SUMMEY: THE COURT: Yes, Your honor. Yes. Any objection from the
MR. GRAVES: THE COURT: MR. SUMMEY: THE COURT: the charge conference? MR. GRAVES: THE COURT:
Not from the State. From the defendant? No. Any objection to us closing
No, Your Honor. Mr. Summey, are you waiving
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Yes. We will gather at 2 o'clock.
Sheriff, take a recess until 2 o'clock. (Recess - 12:49 PM to 2:10 PM) THE COURT: Over the luncheon recess
Mr. Graves indicated to my office that the State wished to revisit the charge. MR. GRAVES: Yes. I believe during the
charge conference the Court did indicate that the Court would be instructing on the doctrine of recent possession. Then when I went through the written
portion, or the printed portion, I didn't see it in there. And I was just seeking some clarification. THE COURT: I did not say that I was Mr. Summey, do you wish
going to be charging on that. to be heard? MR. SUMMEY:
We would object for the
If I may, Judge, from my understanding, the Court is going to use the jury instruction for felonious larceny. THE COURT: chose in action, yes, I am. MR. SUMMEY: But you are going to didact Yes. For the larceny of a
the portion about the misdemeanor?
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THE COURT: MR. SUMMEY:
Correct. We would object to the
didaction or redaction or -THE COURT: MR. SUMMEY: Deletion. We would object to the
Court's deletion of the misdemeanor portion, again based upon the same grounds of the attempted misdemeanor larceny. THE COURT: misdemeanor larceny. I will hear you on the
I am not going to hear you on
attempted misdemeanor larceny, because I still haven't grasped that. But if you would like to be heard on the
misdemeanor larceny, I will entertain that. MR. SUMMEY: Your Honor, we would ask
the Court to consider instructing on misdemeanor larceny based upon the grounds of the check that was taken, the value of the check, which there is no value enunciated in the DA's report, but the Court can take judicial notice of the value of a check, being less than $1 or $2, however much it takes to print the paper for the check itself. THE COURT: But if they found that it
was -- I am going to instruct them -- Mr. Graves, I'll hear you. MR. GRAVES: Your Honor, just in terms
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of misdemeanor larceny, the State would object due to the fact that if it was a blank check, misdemeanor larceny would be the appropriate charge. But being
this check was filled out -- and there is case law on point. But being that the check was made out and had a
value, the State would submit that misdemeanor larceny wouldn't fit under those circumstances. MR. SUMMEY: And, Judge, even with it
being filled out with a value, that value is still under $1,000. THE COURT: But regardless of -- in this
Court's opinion, regardless of the value written on it or if it was a blank check, it is still -- maybe if it was a blank check, maybe not -- but it still qualifies as a chose in action. And larceny of a chose in action
is a felony, regardless of the amount written on it. It is the stealing of the chose in action that makes it a felony. So if there was any larceny committed at So your motion is denied.
all, it would be a felony.
I have added the doctrine of recent possession, and I am going to put that right before I charge on larceny of a chose in action. MR. GRAVES: THE COURT: bring the jury in? Thank you, Judge. Anything else before we
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MR. GRAVES: MR. SUMMEY: THE COURT:
No, Your Honor. No, ma'am. Sheriff, ask the jury to
(Jury Present - 2:15 PM:) THE COURT: Ladies and gentlemen, all of It is now time for At the conclusion
the evidence has been presented.
the final arguments of the lawyers.
of these arguments, I will instruct you on the law in this case, and then you will be taken to the jury room to begin your deliberations. The final arguments of the lawyers are not evidence but are given to assist you in evaluating the evidence. The lawyers are permitted in their final
statements to argue, to characterize the evidence, and to attempt to persuade you to a particular verdict. It is improper for a lawyer in a final argument to become abusive, to inject personal experiences, to express a personal belief as to the guilt or innocence of the defendant, or to make arguments on the basis of matters outside the record except for matters concerning which the Court may have taken judicial notice. A lawyer may, however, on the
basis of the lawyer's analysis of the evidence, argue any position or conclusion with respect to a matter in
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issue. If in the course of making a final argument a lawyer attempts to restate a portion of the evidence and your recollection of the evidence differs from that of the lawyer, you are, in recalling and remembering the evidence, to be guided exclusively by your own recollection of the evidence. The jury is with the State. (Mr. Graves made a closing argument.) (Mr. Summey made a closing argument.) THE COURT: Members of the jury, I am I want
going to let you take an afternoon break now.
to remind you of the duties that I listed for you previously. It is our duty not to talk among It is your duty not to
yourselves about this case.
talk to the parties, witnesses, or counsel about anything. It is your duty not to talk with anyone else
or allow anyone else to talk or say anything about this case in your presence. If anyone communicates or
attempts to communicate with you about this case, you must report that to the Court immediately. You have a
duty not to form an opinion about the guilt or innocence of the defendant or express an opinion about the case as it is thus far. Please be back in the jury room at 3:30,
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and I will give my charge or instructions to you at that time. (Jury Absent - 3:15 PM:) THE COURT: Let the record reflect that We will be at
we are outside the presence of the jury. ease until 3:30.
(Recess - 3:15 PM to 3:32 PM) THE COURT: please. (Jury Present - 3:32 PM:) THE COURT: Members of the jury, it is Ask the jury to come in,
now time for me to give you my charge, or the law that both of the lawyers have been talking to you about. I
have prepared copies so that each of you can have your own copy, and you can read along with me. I am going
to read it regardless of whether you read along with me or not. But sometimes people get a better
understanding if they are able to read along instead of being read to. If you choose to read along with me, I
ask that you do just that, that you read along with me. Don't lag behind me or read ahead of, so that we are all at the same place at the same time. Members of the jury, all of the evidence has been presented. It is now your duty to decide from You must then apply
this evidence what the facts are.
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the law which I am about to give you to those facts. It is absolutely necessary that you understand and apply the law as I give it to you and not as you think it is or as you might like it to be. This is important
because justice requires that everyone tried for the same crime be treated in the same way and have the same law applied to them. The defendant has entered a plea of not guilty. The fact that he has been charged is no Under our system of justice, when a
evidence of guilt.
defendant pleads not guilty, he is not required to prove his innocence; he is presumed to be innocent. The State must prove to you that the defendant is guilty beyond a reasonable doubt. A reasonable doubt is a doubt based on reason and common sense arising out of some or all of the evidence that has been presented or the lack or insufficiency of the evidence, as the case may be. Proof beyond a reasonable doubt is proof that fully satisfies or entirely convinces you of the defendant's guilt. You are the sole judges of the credibility, that is, the believability of each witness. You must decide for yourselves whether to You may believe
believe the testimony of any witness.
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all or any part or none of what a witness has said on the stand. In determining whether to believe any witness, you should apply the same tests of truthfulness which you apply in your everyday affairs. These tests may include, among other things: the
opportunity of the witness to see, hear, know, or remember the facts or occurrences about which they testified; the manner and appearance of the witness; any interest, bias, or prejudice the witness may have; the apparent understanding and fairness of the witness; whether the testimony is reasonable; and whether the testimony is consistent with other believable evidence in the case. You are the sole judges of the weight to be given any evidence. By this I mean if you decide
that certain evidence is believable, you must then determine the importance of that evidence in light of all other believable evidence in the case. There are two types of evidence from which you may find the truth as to the facts of a case, direct and circumstantial evidence. Direct evidence is
the testimony of one who asserts actual knowledge of a fact, such as an eyewitness. Circumstantial evidence
is proof of a chain or group of facts and circumstances
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indicating the guilt or innocence of a defendant.
The
law makes no distinction between the weight to be given to either direct or circumstantial evidence, nor is a greater degree of certainty required of circumstantial evidence than of direct evidence. of the evidence in the case. You should weigh all
After weighing all of the
evidence, if you are not convinced of the guilt of the defendant beyond a reasonable doubt, you must find the defendant not guilty. You may find that a witness is interested in the outcome of this trial. In deciding
whether or not to believe such a witness, you may take the witness's interest into account. If after doing so
you believe the testimony in whole or in part, you should treat what you believe the same as any other believable evidence. Photographs and a video cd were introduced into evidence in this case for the purpose of illustrating and explaining the testimony of a witness. These photographs and video may not be
considered by you for any other purpose. Intent is a mental attitude seldom provable by direct evidence. It must ordinarily be
proven by circumstances from which it may be inferred. You arrive at the intent of a person by such just and
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reasonable deductions from the circumstances proven as a reasonably prudent person would ordinarily draw therefrom. The defendant in this case has not testified. The law gives the defendant this privilege.
This same law also assures the defendant that this decision not to testify creates no presumption against the defendant. Therefore, the silence of the defendant
is not to influence your decision in any way. The defendant has been charged with attempted obtaining property by false pretenses. For
you to find the defendant guilty of this offense, the State must prove six things beyond a reasonable doubt: First, that the defendant made a representation to another. Second, that this representation was false. Third, that this representation was calculated and intended to deceive. Fourth, that the victim was in fact deceived by this representation. Fifth, that the defendant thereby attempted to obtain property from the victim. And, sixth, that at the time the defendant had this intent, he performed an act which
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was calculated and designed to bring about obtaining property by false pretenses but which fell short of the completed offense and which came so close to bringing it about that in the ordinary and likely course of things he would have completed that crime had he not been stopped or prevented from completing his apparent course of action. Mere preparation or mere planning is not enough to constitute such an act. But the act need not
necessarily be the last act required to complete the offense. If you find from the evidence beyond a reasonable doubt that on or about the alleged date the defendant intended to obtain property by false pretense and performed acts which were designed to bring this about but which fell short of the completed offense and which in the ordinary and likely course of things would have resulted in obtaining property by false pretense had he not been stopped or prevented from completing his apparent course of action, it would be your duty to return a verdict of guilty of attempted obtaining property by false pretense. If you do not so find or
have a reasonable doubt as to one or both of these things, it would be your duty to return a verdict of not guilty.
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The State seeks to establish the defendant's guilt by the doctrine of recent possession. For this doctrine to apply, the State must prove three things beyond a reasonable doubt. First, that property was stolen. Second, that the defendant had possession of this property. A person possesses
property when that person is aware of its presence and has, either alone or together with others, both the power and intent to control its disposition or use. And, third, that the defendant had possession of this property so soon after it was stolen and under such circumstances as to make it unlikely that the defendant obtained possession honestly. If you find these things from the evidence beyond a reasonable doubt, you may consider them together with all other facts and circumstances in deciding whether or not the defendant is guilty of larceny. The defendant has been charged with larceny of a chose in action. For you to find the defendant guilty of this offense, the State must prove six things beyond a reasonable doubt. First, that the defendant took property
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belonging to another person. Second, that the defendant carried away the property. Third, that the victim did not consent to the taking and carrying away of the property. Fourth, that at the time of the taking, the defendant intended to deprive the victim of its use permanently. Fifth, that the defendant knew he was not entitled to take the property. And, sixth, that the property was a chose in action. A check is a chose in action.
If you find from the evidence beyond a reasonable doubt that on or about the alleged date the defendant took and carried away another person's property without her consent, knowing that he was not entitled to take it and intending at that time to deprive the victim of its use permanently, and that the property was a chose in action, it would be your duty to return a verdict of guilty of larceny. If you do
not so find or if you have a reasonable doubt as to one or more of these things, it would be your duty to return a verdict of not guilty. The defendant has been charged with possession of stolen goods, which is possessing goods
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which the defendant knew or had reasonable grounds to believe had been stolen. For you to find the defendant guilty of this offense, the State must prove four things beyond a reasonable doubt. First, that the check was stolen. Property is stolen when it is taken and carried away without the owner's consent by someone who intends at the time to deprive the owner of its use permanently and knows that he is not entitled to take it. Second, that the defendant possessed this property. Third, that the defendant knew or had reasonable grounds to believe that the property had been stolen. And, fourth, that the defendant possessed the property with a dishonest purpose. If you find from the evidence beyond a reasonable doubt that the check was stolen and that on or about the alleged date the defendant possessed this property and knew or had reasonable grounds to believe that it was stolen and that the defendant possessed this property for a dishonest purpose, it would be your duty to return a verdict of guilty. If you do not so
find or if you have a reasonable doubt as to one or
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more of these things, it would be your duty to return a verdict of not guilty. Members of the jury, you have heard the evidence and the arguments of counsel. If your
recollection of the evidence differs from that of the prosecuting attorney or of the defense attorney, you are to rely solely upon your recollection. Your duty
is to remember the evidence whether called to your attention or not. You should consider all of the evidence, arguments, contentions, and positions urged by the attorneys and any other contention that arises from the evidence, and, using your common sense, you must determine the truth in this case. As the presiding judge, I am required by the law to be impartial. You should not mistakenly
infer that I have implied any of the evidence should be believed or disbelieved, that a fact has been proven or not, or what your findings ought to be. Instead, you
alone are to find the facts and to render a verdict reflecting the truth. You may not return a verdict You may not
until all 12 jurors agree unanimously. render a verdict by majority vote.
After retiring to the jury room, you should first select your foreperson. Your foreperson
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should lead the deliberations.
You may begin your
deliberations when the bailiff delivers the verdict forms to you. When you have unanimously agreed upon a
verdict and are ready to announce it, your foreperson should record your verdict, sign and date the verdict forms, and notify the bailiff by knocking on the jury room door. You will be returned to the courtroom, and
your verdict will be announced. Ladies and gentlemen, the highest aim of every legal contest is the ascertainment of the truth. Somewhere within the facts of every case the truth abides. And where truth is, justice steps in, garbed In this case you
in its robes, and tips the scales.
have no friend to reward, you have no enemy to punish, you have no anger to appease or sorrow to assuage. Yours is a solemn duty to let your verdict speak the everlasting truth. Thank you. your foreperson. You may retire and select
Please remember not to begin your
deliberations until the verdict forms have been delivered to you. Ms. Copeland, if you would, simply keep your seat, ma'am. (Jury Absent - 3:48 PM:) THE COURT: Let the record reflect that
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Are there
corrections, deletions, or additions requested by the State to give a proper charge to the jury? MR. GRAVES: THE COURT: MR. SUMMEY: THE COURT: Not from the State. From the defendant? No, ma'am. Sheriff, knock on the door
and give this to the first person who answers without comment, please. (Deliberations 3:49 PM to 4:07 PM) THE COURT: Let the record reflect that I
we are back in session in the Adams matter.
understand that the jury has indicated that they have a verdict. Understand that I expect everyone to maintain And I trust,
proper courtroom decorum in here.
Mr. Summey, you have had that conversation with your client. MR. SUMMEY: Judge. THE COURT: Have it now. I have not, but I will,
(Pause while Mr. Summey conferred with his client) THE COURT: Ask the jurors to come in.
(Jury Present - 4:08 PM:) THE COURT: Mr. Scott, usually the
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person who walks in with the envelope is the foreperson. THE JURY FOREPERSON: THE COURT: Yes.
Would you stand and give us
your name for the record, please. THE JURY FOREPERSON: Scott. THE COURT: Mr. Scott, I need you to Has the jury reached David Warren
answer these questions yes or no. a verdict as to each charge?
THE JURY FOREPERSON: THE COURT:
Yes.
Have you marked the
appropriate verdict selected by the jury for each charge? THE JURY FOREPERSON: THE COURT: each verdict sheet? THE JURY FOREPERSON: THE COURT: sheriff, please. (Envelope passed to the Court) THE COURT: take the verdicts. THE CLERK: would, please stand. Ladies and gentlemen, if you Madam Clerk, if you would, Yes. Yes.
Have you signed and dated
Hand the envelope to the
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Members of the jury, you have returned the following in case number 11 CRS 50644: We the jury
by unanimous verdict find the defendant Marvin Lykeith Adams to be, as to Count I, guilty of larceny of a chose in action and, as to Count II, guilty of possession of stolen property. Do you still agree and
assent thereto, and would each of you so indicate by raising your right hand? (Affirmative response) THE CLERK: Members of the jury, you
have returned the following in case number 11 CRS 50643: We the jury by unanimous verdict find
the defendant Marvin Lykeith Adams to be guilty of attempt to obtain property by false pretenses. Do you
still agree and assent thereto, and would each of you so indicate by raising your right hand? (Affirmative response) THE CLERK: Thank you. You may be
THE COURT: jury from the State? MR. GRAVES: THE COURT: MR. SUMMEY: THE COURT:
Anything further with the
No, Your Honor. From the defendant? No, ma'am. Is the State ready to pray
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judgment? MR. GRAVES: Yes.
(Jury dismissed from the jury box) THE COURT: Mr. Graves? Is there
anything further you wish to say other than the worksheet? MR. GRAVES: Your Honor, the State does
ask that the Court consider giving Mr. Adams an active sentence. THE COURT: MR. SUMMEY: Mr. Summey? Judge, I would like to pass He has had an assessment
up just some medical records.
done, Judge, if I may approach -THE COURT: MR. SUMMEY: of health and mental issues. Yes. Judge, he has got a myriad We just ask the Court to
-- I think the Court is familiar with Mr. Adams. THE COURT: MR. SUMMEY: Court for probation. Yes, sir. He wanted me to ask the
I know that is a far-reaching
venture, but, Judge, he hasn't been on probation in ten years, from what he is telling me. He says that the But he
last charges that he had, he went to prison on.
says he hasn't been on probation in over ten years, so he wanted to ask the Court to consider probation.
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In the alternative, Judge, I would ask that, since there is no restitution in this particular case -- the victim is not out anything -- I would ask the Court to consider a split sentence. That is also
available to the Court, if probation is not an option. I think that supervision would do Mr. Adams some good. He needs supervision. supervision. We would all agree he needs
So I would ask the Court to consider
either a split sentence or a probationary sentence. MR. GRAVES: Your Honor, the State would
ask that any sentences, multiple sentences run at the expiration of each other. MR. SUMMEY: He would like to speak to
the Court, if the Court would entertain that. THE COURT: Yes, sir. Your Honor, since I've
THE DEFENDANT:
been out of prison back on May 21, 2010, I have came a long ways. I have gotten my own home, which I have my My
lease right here, for the first time in my life. mom constantly -- you know, I thank God that I am fortunate to have my mother and father, which you
probably know my mother, Alma Sledge, you know, who helped me a long ways. And all I'm trying to do -- you
know, I wasted all my life being in and out of the system ever since I was a child. And the only thing I
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am trying to do -- I know I have been getting in trouble in and out, you know, with the law here and there. But I am trying to get my life on track and I am in church. I go to First Baptist And I am just trying to
move forward. in Weldon.
I go every week.
do the best I can to move forward with my life, because I have no kids and have never been married. And I'm
just ready -- you know, in other words, a choice of words, retire and just settle down. find me a good woman. I am trying to Like I
I already got a home.
said, this is the first time I had a home -- the first time in my life my own lease. And I promise that if I can get intensive probation, you know the strictest probation there is, that I will abide by that. And I will be
willing to pay whatever it is monthly probation fee or whatever to show that I am trying. doing the best I can. You know, I am
And I have not been on probation
in over ten years or parole. THE COURT: If you were truly trying,
why did you steal that check from that woman? THE DEFENDANT: it. Your Honor, I did not do
But they found me guilty of it, and I'll be I am not
willing to pay the price and move forward.
going to let that -- I am determined I am not going to
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let that hold me back. You know, it seems like every time I try, there is a roadblock somewhere. selective who I deal with. I need to be very
You know, like the guy said Because every
on the stand, you can't trust everybody.
time somebody points a finger back at Marvin Adams -due to my reputation, my past history, people are always judging me based on my past. tearing me down. THE COURT: Are there still two -- these And it is really
records indicate that there are -- that you have a charge pending in district court for failing to return rental property. Has that been resolved? That has been resolved.
THE DEFENDANT: I paid that off.
And also I had some tickets, which my
mom brought me down here, and I'm quite sure -- I just brought $2,000 down here to pay all them fines off. THE COURT: At the time of these medical
records, these records that you handed up, it refers that there are -- it denotes that there are two restraining orders against you, one from your sister and another from -THE DEFENDANT: She dropped that. We
are supposed to have a family reunion next month. THE COURT: And then another from
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someone that you once dated at the post office. THE DEFENDANT: MR. SUMMEY: County; right? THE DEFENDANT: No, the one at the post And she dropped that.
Those are Northampton
office, that has expired, and I haven't seen her since. And my sister, she dropped that, because we have reunited, and we are working on a family reunion next month where my family is supposed to be coming down from up north. And that will be my first family
reunion, you know, in my life that I ever been to. MR. GRAVES: Your Honor, if I may, just
looking at the other charges that Mr. Adams currently has pending, there are a number of traffic matters as well as misdemeanor larceny, larceny of a motor vehicle, possession of stolen goods, worthless check. THE DEFENDANT: resolved. That has all been
The only case that I've got pending now is
driving while license revoked, and it is a case that I appealed over here, Your Honor. was appealed over here. That's the case that
I got put on probation over
there in district court, and I appealed it over here. MR. SUMMEY: It is a misdemeanor, Judge. That's the only thing I
THE DEFENDANT: have pending, Your Honor.
208
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 lower; right? else?
THE COURT:
Despite the -- what does the
State contend the attempting to obtain is? MR. GRAVES: found guilty, Your Honor? THE COURT: MR. GRAVES: Yes. The State would contend In the case he was just
that he attempted to obtain $600 from Ms. Robinson. THE COURT: I understand that. But what
class felony do you contend it is? MR. SUMMEY: MR. GRAVES: I. I. And may I say something
THE DEFENDANT: This lady Ms. Joanne -MR. GRAVES:
The attempt is one class
THE COURT:
I didn't know, since it has
attempt in the jury instruction, whether -- that's fine. THE DEFENDANT: Your Honor, I give you Just give
my word -- I am asking the Court for mercy. me a chance. THE COURT:
Mr. Adams, you and I both
know that you have had chance after chance after chance. don't we? You and I both know -- we go way, way back,
209
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Marvin Adams. it. Adams. go back. -to the library?
THE DEFENDANT: you were the DA.
Yes, ma'am, ever since
You are the one that sent me away. I know. And it never gets I
THE COURT: any better with you.
It doesn't get any better.
understand that you are prohibited from going back to the library in Roanoke Rapids. post office in Roanoke Rapids. in the clerk's office here -THE DEFENDANT: You know why I can't go You can't go to the You tore up stuff down
THE COURT:
-- in the courthouse.
And
THE DEFENDANT: strowed paper everywhere. THE COURT:
Because they said I
But you can't go back there. Yes, ma'am.
THE DEFENDANT: THE COURT:
Everywhere you go, you can't
THE DEFENDANT:
Because it's Marvin
Nobody don't like me in this county. THE COURT: That's exactly right, it is
And Marvin Adams keeps right on doing When you start thinking
It's not everybody else.
that it's everybody else, you need to check yourself. And it's not everybody else.
210
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of appeal.
On the attempted obtaining property -- I'm sorry, the felonious larceny of a chose in action, it is a Class H, Level IV. He is sentenced to
no less than 11, no more than 14 months in the North Carolina Department of Correction. On the -- consolidate the misdemeanor possession with the attempt to obtain property by false pretenses. It is a Class I, Level IV. He is sentenced
to no less than 8, no more than 10 months in the North Carolina Department of Correction to run at the expiration of the previous sentence. Sheriff, he is in your custody. MR. SUMMEY: Your Honor, we give notice
THE COURT:
Notice of appeal given in He will be
open court, further notice waived.
appointed the Appellate Defender to perfect his appeal. (End of proceedings, 07/12/12, 4:24 PM)
211
CERTIFICATE I, Rhonda B. Earley, the officer before whom the foregoing proceedings were taken, do hereby certify that the foregoing pages are a true, correct, and verbatim transcript of said proceedings. I further certify that I am not counsel for, related to, or employed by any of the parties to this action and that I am not financially or otherwise interested in the outcome of this action. This the 6th day of August, 2012.
Rhonda B. Earley, CVR-CM-M Official Court Reporter, 6A PO Box 66, Halifax, NC 27839
M.L.Adams, Halifax 11 CRS 50643-44, 07/11/12-07/12/12
NORTH CAROLINA HALIFAX COUNTY STATE OF NORTH CAROLINA V. MARVIN LYKEITH ADAMS, Defendant.
IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 11 CRS 50643, 50644
CERTIFICATE OF DELIVERY
This is to certify that a transcript (211 total pages) of the July 11 - 12, 2012 jury trial in the above-entitled case was ordered on the 16th day of July, 2012, and that an electronic copy was e-mailed and a CD mailed to the attorneys of record as indicated below on the 6th day of August, 2012.
Rhonda B. Earley, CVR-CM-M Official Court Reporter, 6A PO Box 66, Halifax, NC 27839 TRANSCRIPT FOR THE STATE TO: N.C. Dept. of Justice, Appellate Section P.O. Box 629 Raleigh, NC 27602 Courier 51-41-22 crimtranscripts@ncdoj.gov Halifax County D.A.'s Office P.O. Box 126 Halifax, NC 27839 Karen.A.Parker@nccourts.org Norlan.W.Graves@nccourts.org TRANSCRIPT FOR THE DEFENDANT TO: Mr. Rudolph Ashton, III P.O. Box 12800 New Bern, NC 28561 raaiii@justice.com COPY OF CERTIFICATE TO: N.C. Court of Appeals P.O. Box 2779 Raleigh, NC 27602

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NORTH CAROLINA HALIFAX COUNTY STATE OF NORTH CAROLINA V. MARVIN LYKEITH ADAMS, Defendant.

M.L.Adams, Halifax 11 CRS 50643-44, 07/11/12

PROCEEDINGS, 07/11/12, 10:02 AM THE COURT: Is the State prepared to

The State has now called for

plea of not guilty.

M.L.Adams, Halifax 11 CRS 50643-44, 07/11/12

M.L.Adams, Halifax 11 CRS 50643-44, 07/11/12

charged with a crime is no evidence of guilt.

M.L.Adams, Halifax 11 CRS 50643-44, 07/11/12

M.L.Adams, Halifax 11 CRS 50643-44, 07/11/12

jury room for just a few minutes.

M.L.Adams, Halifax 11 CRS 50643-44, 07/11/12

M.L.Adams, Halifax 11 CRS 50643-44, 07/11/12

North Carolina or the defendant can be assured of your

M.L.Adams, Halifax 11 CRS 50643-44, 07/11/12

absolute fairness and impartiality.

I want to remind you of the duties It is your duty not It is your

that I listed for you previously.

to talk among yourselves about this case.

M.L.Adams, Halifax 11 CRS 50643-44, 07/11/12

M.L.Adams, Halifax 11 CRS 50643-44, 07/11/12

Sheriff, take a recess until

THE COURT: MR. SUMMEY:

M.L.Adams, Halifax 11 CRS 50643-44, 07/11/12

M.L.Adams, Halifax 11 CRS 50643-44, 07/11/12

M.L.Adams, Halifax 11 CRS 50643-44, 07/11/12

Where at? West Fraser in Seaboard, North

Going on three years. The individual seated at the Are you

defendant's table is named Marvin Adams. familiar with him? A. Q. A. Q.

MR. SUMMEY: THE COURT: Q.

Did you come into contact with

Have you ever made contact with

M.L.Adams, Halifax 11 CRS 50643-44, 07/11/12

MR. SUMMEY: THE COURT: Q. A. itself.

have to clean up.

When you say this gentleman, who are

This gentleman right here.

M.L.Adams, Halifax 11 CRS 50643-44, 07/11/12

told him no.

So the third time he said, if you take me So I figured -- I said

to the bank, I'll give you $10.

God, I was thinking to myself he was all right.

And I said, oh, Lord, I am in trouble.

I parked at the back door, he told me, he said, no, go

M.L.Adams, Halifax 11 CRS 50643-44, 07/11/12

to the drive-through. the drive-through.

So that's what I did; I went to

numbers, and it went from there.

So she said no.

I said, no, I can't take you nowhere.

M.L.Adams, Halifax 11 CRS 50643-44, 07/11/12

sometimes, give me a call. number.

So I put it in my glove compartment.

I got to Wendy's, I put him off. of that.

And that was the end

clothes and went on home. this funny feeling.

And he came inside and

And, sure enough, it was a

asked me would I come to Halifax. So I told him, I said, can I drive? So

So he took me back to some And I told

little room, and he asked me what happened.

M.L.Adams, Halifax 11 CRS 50643-44, 07/11/12

And he left out, and another officer came in.