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Ashley McArthur Trial Day 2 Witnesses: Kyle Britt, Andrew Smith & Det Richard Ghigliotty - Defendant

Law&Crime Network2:13:26

Transcription

Be seated. Maintain order. All right, we're back on the State of Florida versus Ashley MacArthur. Defendant is present with counsel. Assistant State Attorney is present, Mr. John Burrows. We've got a little more information. My understanding is that Mr. Britt is going to testify that this conversation took place, when this act took place, from October 13, 2017. So our objection is one, it's not relevant. It's after the date of the election that this state is alleged. The prejudicial effect, how is any probative value? It is an active crime that they're trying to put in with no prior. We did not have notice of this, and we don't have this go to the motive if it's after the claimed in the alleged murder device, which there has been now testimony from her own husband that in March of 2017, he had some money for $3,000 that Miss McArthur had her hands on, and he has no idea where it went. Now there's evidence that to the right had money that's missing, and there's not really any idea at this point where it went. And now, after the fact, the money is gone, and she's still trying to get money. So it does, under the totality of the circumstances, show the motive in this case. We'll just kind of let court know, you know, court stays with the same ruling that just probably approach the bench at that point once they do it. Here's the ask for mistrial. Large action. I'm listening. I'm communicating out. All right.

I think now that I have information that it's the time period. I had the impression the time period was about at the time of the disappearance. If it occurred October 19th or meant 13th, mid-October. But I think the state is operating. The indictment says a time period about September 7th or 8th or 9th. That time period. I will sustain your objection and will not allow the testimonial. Okay, where is our wits? Okay. And you go ahead and even bring jury in. Yeah, let's do two things at once. Mr. Britt, I'm just gonna tell you that we have a lot of ground to cover in this case, and that's why I'm really saying, just even though she's asking you direct questions, try to keep them short. And if she wants more, she'll ask for more. Okay? We just got a long way to go. Yes. Okay. Thank you. See for the record, defendant is present. Counsel, assistant state attorney is present. Ladies and gentlemen, let me just tell you what to expect for the remainder of the day. We're gonna try to push to 5:30. If at some point we can do a quick comfort break, even though there's 15 of you, if at some point somebody needs a comfort break, just give me an alert, and we'll just send you back until everybody's ready to come back. We won't take a 15 or 20 minute break. Okay, Miss Jensen. First of all, sir, state your name again. You're still under oath. You may proceed. Okay, Mr. Britt, did you screenshot some text messages between you and Ashley MacArthur from September 8th and September 9th of 2017? Yes, ma'am. I probably did. Okay. Well, look to your right. Is the state's exhibit number 13? Just look through that and see if you recognize it. Yes, ma'am. I recognize it. Okay. And are those text messages with you and Ashley MacArthur on September 8th and September 9th of 2017? Yes, ma'am. Okay. And were those screenshotted from your cell phone? Yes, ma'am. And are they date stamped September 8th and September 9th? Yes, ma'am. All right, judge. This time I would move them into evidence. 13. I think it's, um, a 3G. Now, on these text messages, are Ashley's responses in the red on the left side? Correct. Okay. And then your responses are in the blue on the right side? Correct. Okay. And on page C, is that where you're talking about this funeral that you were at that day? Correct. Okay. And then on September 9th, if you'll look at page G, is that the conversation when Ashley showed up early and texted you and you were surprised? Yes, ma'am. Okay. And then if you look at page G, is that when Ashley is talking about going to a wedding? Yes, ma'am. Okay. Okay. On October 19th of 2017, you said you were at home when the police came out and searched the property? Yes, ma'am. Okay. And did they end up taking some like bags of grout or something you had in the house? Yes, ma'am. They ended up taking, I believe, two bags. One was a bag of drywall mix, and the other was a bag of joint compound for doing grout work and stuff for the shower. That was Okay. And what was that? Why did you have those materials there? Because we were renovating a bathroom and we were completing putting up tile and stuff on the walls, as well as in the shower. Okay. And is the texture of those bags, is it smooth or rocky? Smooth. I think you said earlier that Ashley normally drove a black Jeep? Correct. Okay. Do you know if there was a GPS on it? Yes. Okay. And how do you personally know that? When me and Ashley were driving around, she made a comment stating that, "I think tracking me." And that's how I found out about that. And I asked her, "What do you mean, look for on your Jeep?" And she said, "Sure." So I didn't have anything else better to do when we were hanging out. So that's what I did. Is I looked around, and it finally I found it. Okay. Did you leave it? Yes, ma'am. Okay. Those are my questions. Thank you.

All right, Mr. John Ross, it's gonna ask you questions. And if they're just, just thinking if they're just yes or no, please answer yes or no. Thanks, ma'am. Thank you. Good afternoon, Mr. Britt. Good afternoon. It sounds like from your testimony, you indicated that prior to coming to live in the cantonment area, you didn't know Ashley McArthur that well. Brett? Yes, sir. And then it sounds like you said you came here and you hung out with her on some Saturday to watch the Bama FSU football game at her hut house? Correct. Correct. And I think your testimony was, we really didn't start texting until after that. Well, we were texting before that. That's how we met up for the game. Okay. Um, but then did the texting kind of die down and y'all continuing to text each other? It picked up. I'm sorry. I said it picked up after y'all hung out for the game? Yes. Okay. But you didn't see her that often, is that what you said before the game? Prior to now? Okay. What about after the game? It was about a week, and then after that, it picked up dramatically. It picked up dramatically. How much? From September 1st, 2017 through October 17th or 18th, 2017, how much time did you spend with Ashley? Pretty much it was almost every night or every other night we would meet up at 6:00. When you moved here, you didn't have many friends? Correct. I have a lot of friends, just not in Pensacola. Fair in this area, didn't have many friends? Correct. Yes, sir. All right. And Mrs. McArthur did her best to include or invite you to do things? Correct. Correct. Did you and Miss, Mrs. McArthur text on pretty much a daily basis after the FSU Bama game? Yes. She would contact me. So there was nothing unusual about her texting you? It was very frequently, and she lost call several times during the day too. But at the same time, I didn't mind it because I didn't have anything else going on. Let's talk about the morning of September 9th, 2017. That's Saturday morning. You indicated that Ashley McArthur came out to the farm you were living on? Correct. Correct. And the reason that you knew she was out there is because she told you she was out there? Correct. She texted. Yes. Yeah. Indicated to you. Were you still asleep? No. Awake at the time? Okay. You testified on direct examination that you thought it was 7:00 AM? Correct. I was up at 7:00 AM. Okay. What time did Ashley McArthur get there? I didn't get a text until 7:30. Tell us about 7:30. I got the text. I don't know if she was there beforehand or not. What do you, Mrs. McArthur and her daughter kept a horse out of Britt family farm? Correct. Tripp, like the horse's name is Chicory? Yes, sir. And other people keep horses out of the farm as well? Correct. At the time, at that time, it was just my aunt. Use your hand had a horse, I believe so. Yes. Okay. Um, have y'all had other horses out there in the past and years prior? Yes, sir. Okay. And the, do they pay a fee to keep horses out there? Yes, sir. From what I'm aware of, they have a boarding fee that they do pay. And horse owners are obligated to take care of their own horses? Correct. Yes, sir. The only thing that is, yes, I mean, you, you don't take care of other people's horses? Correct, sir. You saw her on that morning after she let you know that she was out there? Correct. You actually physically saw her in the morning of September 9th? Yes, sir. She texted you to let you know she was out there, and you, I guess, got dressed, her already dressed, and you came out and saw her? Correct. Yes, sir. And I think y'all went over and checked on her horse? Correct. Yes, sir. And you just testified that you've been spending some time with Ashley McArthur, you know, you've been to then watch the game with her. Mean, it's fair to say that her demeanor that morning, she was like, normal Ashley? Correct. I didn't really know Ashley, so yes, I would say. You talked about, you just tell us about all the time you'll spend together. Oh, whole second. You just talked about all the time y'all spend together, all the texting you did? Correct. Yes. No, the game was the first time really, I mean, actually had a one-on-one together. Well, we heard of that. That is maybe once or twice. We entire year. When the state was asking you questions, so now you're saying you don't really know her, right? That way your testimony is now? No, I'm keeping with myself what I said earlier is that, no, Ashley McArthur, not how she normally acts. I didn't know Ashley for that long, so I couldn't tell you how she normally acts. As I didn't know her for that long a time. Well, the wild direct examination, are you giving all these? Well, she normally does this, she would normally do that. When the state asked you questions, from what I had known and what people said. All right, so from everything you knew, when you saw her on the morning of September 9th out there at the farm, you didn't pick up on anything unusual with Ashley McArthur, however much you knew her? Correct. Correct. She didn't seem panicked? Correct. No. But she didn't seem scared? Correct. It was over two years ago. I couldn't know. Yes, sir. I don't. I don't know it exists. Two years ago. That night y'all went out together? Correct. Tripp, that was the night we all had, it sounds like the, the drunken fun night of a bunch of people going out? Correct. Yes, sir. And was it that night that maybe you first met Patrick Smith? Yes, sir. And Patrick Smith is a friend or acquaintance of Ashley McArthur? Correct. And you inquired about needing some help to do a work around the 23 acre farm? Correct. Throat, there was things you didn't like to do? Correct. Tripp. All right, so after September 9th, 2017, that's Saturday. After September 9th, 2017, he told us that Patrick Smith came out to the Britt family farm to do some work? Correct. Tragedy. And he came out there, believe your testimony was, Ashley McArthur brought him out there? Correct. He drove Ashley other? Yes. And you, because you and Ashley McArthur had plans to go do something? Correct. Correct. And as far as you know, Patrick Smith had never been out there before. And when Mr. Smith get came out there, you, as living on the property, gave him directions of, Mr. Smith, here's what I want you to do or not do, etc.? Correct. Correct. You directed him? Correct. And once he came out there and you kind of gave Patrick Smith directions or what you would like him to do, you and Ashley McArthur left to get the? Correct. So I assume you, you drove? Yes, sir. And y'all left Patrick Smith alone at the Britt family farm? Yes, sir. And that wasn't the only time that Mr. Smith came out to the property was work? I believe he came one more time after that. Okay. And that would have been, you know, what time frame that second visit would have been? It would probably have been after two weeks because that's when the wood weeds was started growing around the fence lines. So there was a visit after 9/9, and then approximately two weeks later, there was a subsequent visit by Patrick Smith? Correct. And at that time, he come out there by himself? Yes. Okay. So, and again, did you, did you have to direct him what to do? But he already know to do from the first visit? He or a new dude. You testified that you know Audrey Potts? Correct. Correct. Met her through Ashley McArthur? Tripp. Sounds like y'all met at the watching the Bama FSU game, maybe to Krypton. And after September 9th, 2017, that Saturday morning, you indicated that you saw Ashley McArthur and Audrey Potts come out to the farm? Correct. Correct. And what were they doing? Look, looking at the missing McArthur's horse. Look at the horses. That's what's in there for. Yes, sir. Okay. And you, you talked to them? Yes, sir. For a short bed than a head leave for school? I'm sorry. Yes, sir. First short time. Oh, and again, there was nothing unusual about Ashley McArthur's demeanor or anything like that? Correct. Yes, sir. You know, your mom is Kara Britt? Correct. Lives over in somewhere near in between Digital and Jacksonville in Jackson, sir. Oh, cattle Brook, Florida. And your mom would come over to the the farm every now and then once you moved in? Correct. We were started at the red and video. So she'd come in town. I said we were starting at the wedding venue. So she was coming town for for that. Okay. And the purpose for her to come in town would be, you said you're starting up a wedding venue, maybe incorrectly. Don't assume. And you, you have to get the place looking nice? No, I had that covered. She came in town to help handle pretty much when we had guests and stuff over as far as selling the venue. Okay. So a bride would come out to the property and your mom would show the individuals around the property to just sort of see how beautiful? Yes, sir. We're gonna have you wet in here. Presser. All right. Now, your mom did do some physical labor on the property at times? Correct. She would pitch in? Yes, sir. You are, we're now sitting here, you're aware that there was a, the body of Taylor Wright was found right off y'all's property line on October 19, 2017? Correct. Yes. And you're aware of the location where that body was found on y'all's property, you're right off your property line? Correct. Yes. It's, um, kind of right on the other side of a fence. It's on the other side of additional on. Yes, sir. I'm sorry. I said it. So it's on the other side of a ditch line to the side of the fence. Okay. There's a fence and a ditch line or ditch line and a fence? No, it's fence, ditch line. Okay. And that's kind of behind the, behind the side of the barn area there? Correct. Okay. And in mid-October 2017, I believe October 15th or 16th, your mom came over from Jacksonville to the farm and can't tow him at the Britt family farm? Correct. Tripp. And the two of y'all did some work on the farm that day? Correct. Correct. And that work included cutting tree limbs on the at least some of the fence line of the property? Correct. Yes, sir. The fence on the front of the property. You did see your mom doing some work over in the area of where the body was found? Correct. I do not remember that. That was two years ago. I also had school whenever she was in town. Twos? I'm sorry. Yes. Yesterday. I'm sorry. I couldn't hear least there, but okay. Did you see your mom over in that area working? I don't remember. Okay. You remember her working in other areas? Correct. Crypt. But you can't remember if she worked in the area where the body was found? Yes, sir. When you were out there with your mom working, it's fair to say y'all would go in the barn? Correct. Yes, sir. Of course. Go in the residence? Correct. Yes, sir. I'll go around the property? Correct. Yes, sir. When you guys were out there, you and your mom were out there on that October 15th or 16th? Let me back up. Do you know anybody else that cut tree limbs on y'all's property other than you and your mom? I mean, did you tell Patrick Smith the cut tree limbs? No, sir. Okay. So do you have any knowledge of anybody else cutting tree limbs on y'all's property? I don't have any knowledge of people cutting tree limbs, but there was people that did help clean up out there. Okay. Not asked by clear. I'm just asking, did you have the right pickup tree limbs? That could be a part of because, sorry, I think you're making it difficult, Mr. Barasa. We'll follow up if he wants more information. He's asking you a narrow question. Yes, ma'am. I'm sorry. And we can sit here for another two hours still muddling through the same testimony, or you can just listen to his questions, and then I have every confidence that Mr. Barasa or Miss Jensen will get the clarification they think they need. But if they don't ask it, they don't need it. Yes, ma'am. Mr. Barasa, try again. You have, you did not ask anybody else to cut tree limb that's on your property? Okay. You mentioned the residents on the farm is a kind of a mobile home? Yes, sir. Okay. And you mentioned that there was some, I guess renovation or some sort of construction going inside the house? Yes, sir. It sound like that renovation had to do in the bathroom area of the of the home, is that correct? Yes, sir. Was there other areas in the home? You know, yes, sir. What other areas? We don't know. Uh, the guest bedroom and the master bedroom and hallway. All right. So pretty much the whole thing was being renovated? Yes. When did you first move into the farm, the Britt family farm? Approximately, I'm gonna say around August 18th. August 18th to 2017? Yes, sir. And that's an approximate? Correct, sir. All right. After moving in, you went to, I believe it was Home Depot and bought some potting soil? Correct. Yes, sir. Okay. Um, 50-pound bags? I would say around that. Yes, sir. Okay. And you used some of it? Correct. Yes, sir. And what happened to the rest of it? Did it go missing? Yes, sir. And it went missing pretty much soon after you moved in and bought it? Correct. Does one of the first things you did is bought this potting soil? Yes, sir. Okay. And within a couple days, it was missing? Couple weeks. Couple weeks? Yes, sir. We've had still been in August 2017? Yes. Early. You have lived at the Britt family farm clearly since September 8, 2017? Correct. Yes, sir. And you lived out there all through the rest of September and through October of 2017? Correct. Tripp. And as you mentioned, you and your mom are trying to or were trying to set this up as a as a wedding venue? Correct. Correct. And your mom testified earlier about trying to keep the property meticulous, right? Correct. Correct. And that, and that was your goal to want to look good and be certain like? Yes, sir. No one's gonna have a wedding in a place that doesn't look good or well-kept, right? Yes, sir. And to do that, you go around and you care for the property? Correct. Yes, sir. You, you check the property out? Correct. Yes, sir. Okay. Now, after September 8th and September 9th, 2017, you never saw any evidence, for example, of something heavy being drug on the property? Correct. No, sir. You never saw any indications of blood anywhere, did you, mister? You never saw any evidence near that fence line of any concrete being mixed up or anything? Correct. No, sir. With the only concrete type substance, cement type substance been mixed up inside the house? That's right. What do you call that? Derrick? I think that's what the name was. I think it's called Dura Rock. Okay. But other than that, living on that property all the time, nothing like we talked about, blood, drag marks, anything that stood out on that property when y'all were looking it over? No, sir. I have one moment just to stay with my line of questioning. So you didn't find any empty cement bags just hidden or thrown around it around anywhere? Correct. No, sir. No empty or potting or lawn soil bags hidden or thrown anywhere? No, sir. And you are, you're going back to, you know, where the body was found? Correct. Yes. We established that you can see that area from the residents? Correct. Yes, sir. No further questions, your honor. Did Ashley McArthur ever ask you to pick up some concrete for your home renovations? No, ma'am. Did she ask you, did you ask her to pick up some potting soil to replace your missing bag? No, ma'am. Were you looking for drag marks out on your property? No, ma'am. Were you looking for blood out on your property? No, ma'am. Did you know that anything had happened out there until the body was found? No, ma'am. I did not. And this fence line, did you pay attention to that fence line? No, ma'am. Why? Because it's on the back side of the barn. The way our property is laid out, it's the pretty side of our property does not face that area. It's when it's to the back of you when you're on the porch. Were you out there? I'm sorry. You were out there when law enforcement was searching on the October 19th? Correct. How long were those individuals out there that day? They found the body. Seven or eight hours. Thank you. See for? Yes. Yes, your honor. All right, you're completely released. You can leave the courthouse and you can go sit in the audience. You can sit, but don't react to just and don't discuss your testimony. Thank you for. Thank you. All right, call your next witness. Raise your right hand. Do you swear from the testimony you're about to give will be the truth? If so, say I do. I do. Have a seat and state your name. Andrew Smith. SMI EH. Good afternoon. You already stated your name for the record. Okay, sorry. I was turned around. Mr. Smith, where are you employed? I'm currently employed with the Florida Department of Law Enforcement. Where were you employed before the Florida Department of Law Enforcement? The Escambia County Sheriff's Office. And what did you do for the Sheriff's Office? My primary role was to do computer forensics. How long did you do that with the Sheriff's Office? Approximately two years. And I've done it for the past year and a half. It's at three and a half years total. Okay. And can you tell the jurors the education and training you have? Sure. So I have a master's in, I'm sorry, a bachelor's in Information Systems from the University of West Florida. I'm currently working on the master's in cybersecurity. And then I'm also a certified forensic computer examiner with the International Association of Computer Investigative Specialists. Now, as part of your previous duties with the Escambia County Sheriff's Office, did you download or extract phone information, cell phone content? Yes, ma'am. I did. And how did you do that? So typically, I use a software program and cables to connect to a phone, and it extracts the data forensically. Is there a program? Yes, there's multiple programs. There primarily when I used at the time to celebrate. And back in 2017, what training and experience did you have with Cellebrite? I've been to multiple classes associated with Cellebrite, and also I'm a Cellebrite certified mobile examiner. And when you, when the program downloads cell phone content, does it reproduce a report? Yes, ma'am. Can, and do you change or alter that information in any way? No, ma'am. I do not. And what typically does the report from a cell phone contain? So it's gonna contain various amounts of data. It just depends on the type of phone. Generally, it provides obviously your, your cell phone number, and then text messages, pictures, videos, just various data that's stored on the phone. Did you produce a report, a Cellebrite report for a cell phone number 850-712-2299? Yes, ma'am. I did. Okay. And did, did the Cellebrite program download a report? That's correct. Yes. Let me see this. Would it be fair to say that not everything in the report is going to be relevant to a case? Yes, ma'am. Absolutely. And does the first page of the Cellebrite report contain identifying information for the cell phone? Yes, ma'am. I'd say summary page. Okay. Then, judge, at this time, I would move into State's Exhibit number 14. All right, received to State 14. Now, did you go through this report itself, or did you just turn it over to someone else? I turned it over to the investigator. Okay. And do you know who the investigator was at the time? It was investigator Knot. Okay. Is that Meghan Knott? Yes, ma'am. It is. And do you know if the Pensacola Police Department was initially involved in this investigation? Yes, ma'am. They were. Okay. And are you familiar with Detective Gigliotti? Yes, ma'am. I am. Okay. Thank you. Those are all my questions. Okay. Is he free? Yes, ma'am. Completely free. Mr. Barry Brooks, you are free to discuss your testimony. All right, Miss Jensen.

All right, raise your right hand. Do you swear or affirm the testimony you're about to give will be the truth? If so, say I do. I do. Have a seat. Richard Gigliotti. GHI GLI OTTI. Mr. Gigliotti, where are you employed? Pensacola Police Department. What do you do for the Pensacola Police Department? I'm an investigator with our Criminal Investigation Division. How long have you been in law enforcement? Approximately four and a half years. We direct your attention to September of 2017. Were you assigned to investigate the whereabouts of Taylor Wright? I was. And on, on what date specifically were you assigned? I was this on the case on September 15, 2017. Okay. And had there been two missing persons reports reports by Cassandra Waller? Yes. Okay. Do you remember the dates? Yes, ma'am. September 10th of '17, and then again on September 14th. Okay. And when you were assigned to the microphone and speak up just a little more. For sure, you're getting some nods from the jury. They're not hearing you. So I'm sure they did. When you were assigned on September 15th, did you review those reports? I did. All right. And then after you reviewed those reports, what was your next step? I contacted the involved parties. Okay. The reporting person, Cassandra Waller, and spoke with her. She indicated that the last person. Let me stop you about what she said. First step is you contact Cassandra Waller? Correct. Yes. Okay. And then who else do you contact? Ashley McArthur. All right. And when did you first speak with Ashley McArthur? On September 15, 2017. Okay. And was that in person or over the phone? On the phone. How did you get her cell phone number? Look, Cassandra Waller gave it to me. Okay. When you spoke with Miss MacArthur on September 15th, did you ask her about Taylor? I did. Okay. And what did she say? She indicated they were friends and that she last seen her on September 8th, 2017. What did she say that they had done that day? I think that she went through a series of events. She began by picking up Taylor at her residence on Berkley Drive, 725 Berkley Drive. The children went to, believe it was Mr. MacArthur's residence, I'm sorry, office on Pace Boulevard. At some point went to Ashley MacArthur's residence on Raintree, then back to Berkeley, then out to Beulah, and then she stated that she left Beulah Road, went down 9 Mile Road, got on the interstate and went to Scenic Highway from there northbound to some house, and then that Taylor was looking into, and then to a farm in Milton. Milton. When you said that Miss McArthur told you they went to Beulah, did she say where they went in Beulah? She, at that time, indicated that she just, they went up Beulah Road. There was a house that Taylor was doing P.I. work on, and that she turned on 9 Mile Road and hit the interstate to Scenic. Did she mention on September 15, 2017, being out at the Britt Road property? No. Was your conversation with Miss MacArthur on September 15th recorded? No, ma'am. Why not? At that time, it was simply a missing person report, and it was believed that she may have just left on her own accord. Okay. After September 15th, did you make contact with Ashley McArthur again? I did. Okay. And was this on the phone or in person? I was in person. And where did this contact take place? Sure. The first time was on the afternoon of the 18th. Det Ashley McArthur's residence. Okay. Do you see Ashley McArthur in the courtroom today? I do. If you could just point to her and identify what she's wearing. Yes, seeing at the defense table, wearing a black. Okay. Now, when you went to her house on September 18th, was this just kind of an informal, casual conversation? Very much so. Okay. Was that, was the conversation recorded? It was. Okay. And have you reviewed that before your testimony today? I have. To show you, it's been previously marked as State's Exhibit 15. Do you recognize that exhibit? Yes, your honor. Did you review it before your testimony today? Yes. Is this a fair and accurate reporting of your conversation with Miss MacArthur at her home on September 18th, 2017? Yes, it is. Judge, at this time, we have State's 15 in evidence. Received a State's 15. Judge, and I would like to publish it, but I'm letting the court know it's approximately 38 minutes. We're gonna go to about 5:30, so that should work. Folks, this is about 38, 39 minutes. Think about all those times you're, we've got some video to cover the next couple of days. Okay. All those times you might have thought about streaming something, watching it on the sofa, relax and take a deep breath over there. Okay. If you need to stand at any point, do so. All right, as soon as you get it up, I'll do the lights. Oh, it's just audience. Okay. So I'm gonna need y'all to raise your hands if you can't hear, or if at any point you can't hear, just raise your hand. I'll know what that means.

At this point, come on, Durst, and she was blasting here. Completely after Japan. I mean, she called out on the beach. She done to defy those who talk to me. And hurry her. Okay, I want to check in with y'all. With the only thing I know that we can do perhaps to make it louder is to put the microphone, try to reconfigure it. Sepp, that's taped to get a microphone near that speaker. Y'all release a couple of y'all were really leaning forward, and I'm trying to make sure everybody can hear. I didn't want to shout over the speaking, so I'm giving hand signals to Miss Jensen over here. She's checking to see if the volume can go up anymore. I think and okay. So I need air. She's on the couch and I, this money Castellaneta derived. Oh, I see. Whatever I alternatively, but now I'm like an enemy. Thierry, just sitting between all this girl. I'm here, and that's what, and it was supposed to be my turn, and she wants that. She don't have including the three times we were who to do now in the game last year, and she had that right, and she just kept it like over the top, like she was, she trying to get back six months was a sticker stories just last week. Tailored for me that she applied with y'all. Everything went further, I guess in the hiring process, and they said, yeah, we don't understand why you didn't keep getting this back there. Whatever this group that they just hired. And also, you know what happened? Do you know? And she's like, no, except that, you know, they just didn't know Walker. And this happens. I'm trying to counsel. Well, she mailed coming up. I was like, she told me that everything was fine. She didn't understand why she had gotten through, you know, everything or whatever. But I mean, she got it herself. We meet like two weeks ago. Her father would just die. And those through this whole spiel about how she's going to South Florida for a month already. He is. I just found that out though. But she goes through this roof opening her mother. No, I didn't really even know that he existed because it's hard to keep up with her. Like, I don't know who's a real family, who's not. I think of some way she was her foster care, and there's maybe a real mom, but I don't know if she's still alive. And there's a foster mom, and I think that's for real dad. Then it's supposed to be in South Florida, but she tells me that she's, he's passed away, and she went to South Florida because his real eyes won't tell her why he died or how he died or any of this. I mean, this is like a half hour conversation about what's going on with your dad, and that she's just so distraught, she doesn't know. She doesn't know. And then they just maharba tell what is. And that's kind of why it's so difficult to find a place to start with this because there's so many people who are possible relationships because I don't buy things that she's said to me. And why did she stop working there? Issue with veterans. And I don't think you have to talk to you to verify everyone's bar. No, she supposedly Tambor's really good friend of like 10 to 15 years. She lives there that has, you know, her for a long time. She's in law enforcement herself. When Taylor, I guess, when I'm on maternity leave or to tell me for sure, I guess they came to her and asked her for a recommendation. When she came back, and then she said she had some sort of questionable issues. I'm not letting her return. So I don't actually know if she went back after that, or if she went back in and had to leave when they were transferred down here because I think that they did move down here because service. Oh, yeah. I hate that she is what she said. I mean, only me, I guess, pretty. I am on every dance or whatever. Has he reached out to you? Or I have to move anything? Cats house? What's your feeling? Us? What I mean? At first, I was really worried about her. We're not sure about it, you know? But I think she's trying to just play because that was like after hearing all this, it's all this is a game to somebody, and it's hard to figure out who. I am never beautiful that anybody existed in Biloxi until that. If I hadn't never heard those names before, and she had spoken me talking about people she was dating during that time. Yeah, yeah. Sure. Criteria. We got a policy to follow, you know, leave them there. We just didn't fly. It's just history. I'm really shocked it's not this person. Are okay. This will cast that she has struggled with this kind of thing with Taylor before. In fact, she told Taylor, oh, she was just up there to stall them because her husband and just had a lightning 40 or something. She told him that she was moving ahead with tax across this was fear like best friend in like ten years. Beeping. I don't think taxes build a house and take everything into balance of cash. The story is Taylor's in building a house and it every Christmas also gay, but they're not married. And so why would she think about it? Obviously, if this wrong, they're good plantation coolant hose. What? But then that's the story. I mean, uh, another thing that she lies. Whether there's no need to.

Is there any farms or land that you're aware of?

Last week he picked up. Yeah, we just have to exhaust all these at this point because I'm not sure if you're aware, like the media got the thing is that they don't know everything that we know. So they spin this as, but if we were to not. That's my thing. That's what. So I won't understand the day they all went to get the money was in the safe deposit box, or was it here? Hi. They kind of pushing off for an uncomfortable spot or asking too. Do this over in your hand. It went simple, are not going to label which lesson in the gym by protecting the companion, a bookmark, something so that he can. Or she simply said, okay, that's where we're at right now. We really don't know. I don't understand a lot of things. Apartment. She does. And y'all been arguing or anything like that? I never know anything. It's all ready to serve out. Okay, well. Feel better. Let me know so I don't look like an idiot when I'm sitting there like, hey, with her, you know, I got my way, you know, she, they are harmless. They have a scouts out there too. Taylor can contact. But Monica lives neighbor and shivers anything, you know, may come up later. This is entitled. Is she using our college for worksheet essentially a perfectly father? I don't be certified some sort of metal or something, you know, behind anything. Excellent. It may be my admire your opinion. A lot of the things that's coming promise. It may be crazy to like a lot of people. The anthem following and watching your husband and child, which games that some people could spin sit of everything. There's me later. You check it off. They own the farm. He went to Texas to shoot and he shot two errs. Is one bullet just happened to that one? Everyone stuck to me getting past the hangar, flying back, not playing. They were either frozen in a duffel bag or customs. Seems like yes, it's that border. So that's good. From what I understand, y'all let a cat's borrow a gun. You know, Diana, the second Hawker question. You don't think like she would be capable? And she asked me to borrow it. I think she was just scared because Taylor carries found containers, never been afraid. And some, you knew that she would she's on money or any of you up. And like I said, she felt everybody about the sweater. And I think Cass was just murdered because of knowing that Taylor carries weapons all the time. She think that Ben was going to come back into the Harmer. I think that's what she was afraid of. Why? I mean, like, what from what I understand, Kevin would be the one that had done all the wrong. So I don't know. I think it's a lot of how to deal with Taylor's access bended what he was telling Cass because he's Cass's immediate over change her locks to put bells or something on her windows. And because I think he, Taylor had practical observations. Sure. So he's like speaking from experience. And be careful. Get crazy. My mare Canyon, you don't think that there was a credible threat? That's my question. I would see more of a reason for Cass to her Taylor. Just but then again, Taylor is so erratic. You don't know what she thinks, you know what I'm saying? Like, you can't predict crazy. So, but I can see where cats would be frightened. Yeah, it's just based on what, just how to her, you know, because you saying that, yes, they've done it. So I didn't think they'd have that domestic violence thing, but apparently it was a boy. Whatever the outcome is with nothing, but I think he just went everything counts was worrying about who the real Taylor was was scaring her. But everything I've ever seen from house, she's just kind of go study individual that just. I hope you saw all this. No, I don't think so. I mean, I got that kind of vibe from earlier that she got super uncomfortable and everything. What's going on? Yeah, yeah. Let's just run your house bathroom Monday. Marian, one. Yeah, she calls me and asks me, watch ma'am, but the business that we have, I've been going to bars every day to pull tables and video games and stuff. And she boxes in, and I had to around my collector, little simple machines, watch honey. She asked me, and she said, she said she had a case. Can I just come right with me? So that drinking right around in a car with me all day. And some of their sitting in a car because I'm going in now these locations. He came through the bars of me crew and such. There's any authorities watching him. And she's done passing argument. She's going like 70. Morning, she said, she says, we bent it to you. Well, it's 6:45. I took a nap, and she kept telling us that she was a tongue before Mr. I wanted to run black and then to 1/3 of an hour later. In retrospect, I'm thinking maybe she went to Biloxi, and if that's why she would not drink with her. But none of it made sense. I would effectively mean like he's gonna be a card wrong impression. Y-yeah, he just sitting it out. Yeah, you know, what kind of investigation she did? She's mostly insurance. I think recently is that what she was working on? She, she told her she was on some security email stuff. I think she said she's got more to do some of that, but for the most part, all I never to do was like insurance from people that were and watch them go to doctors' appointments or.

Except for watch. Yeah.

At the end of that recording, it sounds like you were all leaving to go to the Pensacola Department? Yes. Okay. And when you got to the Pensacola Police Department, where did you go specifically? Went to an interview room. And did that, does the interview room have audio and video recording? They do. Okay. And what's the sound quality? Although back then, what was the sound? Couldn't have done better. Okay. In any event, was your conversation with Miss MacArthur at the police department recorded on September 18th? Yes. And have you reviewed it before your testimony today? I have. Quick comfort break. We need to talk through a few things. Just leave your notepads, pencils. We shouldn't be too long. Okay. Thank you, audience. And whatever can have a seat. You can have to see. We need to talk about this now. I must have asked this question about four or five times. How long is it going to take to try this case? And I was assured by y'all experienced people that if we started on Monday, we wouldn't have a problem. And like Miss Jensen just said, off the record at the bench, she's concerned. I'm looking at this list, and I'm concerned because let me tell you, we got three things happening. I think it's three things. We have Labor Day weekend, and we have a promise that was made to the jury to be done on Friday, and not getting a tomb at six o'clock Friday night, which by the way, y'all will be protesting because you'll say they're tired. And number three, we have a tropical storm slash hurricane, which yesterday they were saying, I won't say who. I mean, it's just predicting weather. You can't predict weather completely. If it goes over Hispaniola, it's gonna break up, probably won't be a problem. And so of course, I'm getting texts about the latest projected path going north of Hispaniola and going across the state and by Sunday possibly be possibly being in the Gulf. And if you don't think they're paying attention to that, they are. I just haven't brought it up. So Mr. Barratt, Barry brought it when you said, can we quit because at 5:00? Well, I don't think we can afford to quit. What I would propose is that Miss Jensen, if there is any logical breakpoint, that if we could play 30 minutes or I know ideally you would want to play two hours and 44 minutes consecutively, but we're gonna have to take a break anyway because they can't go that long without a. I'm not suggesting play all of it tonight. I'm just saying let's play 45 minutes of it tonight and get that under a. But I am worried because we have about five hours standing right now left of video audio testimony. That's five hours. That's nearly a day of court time. Plus we've got cell phone.

Dr. Minyard, I don't know what else is moving around. That's just the state's case before we ask y'all if y'all want to present a case. So I am concerned. That's my reason for applying pressure to keep going.

Now, Miss Jenson, before I hear from the defense side, can we do something like we play about 30 or 45 minutes tonight? And I just tell them it's going to be a long video. It'd have to break up anyway. Let's get some of it under our belt tonight about where we are. When we we're trying to figure out how long we thought this trial would take, both of us is too sure me that they weren't very lengthy on cross-examination. I can't predict that. All I can do is put my evidence in to the best of my ability. I can't predict what questions they're gonna ask me, how long. I'm just, you know, I don't have any problem. I was just concerned if we're going to play the whole tape. No, no, we wouldn't do that. We do need to have this talk because like I said, I'm looking at the list that I'm aware of, and then y'all make your own decision strategy-wise and what you're doing on the defense side. But we have, and I don't want to spend 30 minutes talking about five hours. So, not but we have right now five hours of, I've counted it up, video/audio evidence. In a typical day, I can get about six hours and 15 to 6:30 to a jury in the course of the day from 8:30 to 5:30. And it looks like we got a lot of other things to cover besides just listening to the stuff that said. I'm sure cross-examination of this witness, for example, and that means going into Thursday. And then I'm wondering when we would get to the defense's, if they choose to put one on. So I am concerned.

Also, Miss Jensen, well, that only works if I mean, I am concerned at how as how long it's taken us to get this far. I will say that. And all I'm going to say is we made a commitment to the jury. And it does not advantageous to either party to have a tired jury. But I cannot have a hurricane coming Labor Day weekend on top of us and not keep our commitment to the jury. Okay, so what I'm going to propose is that we play about 40, 45 minutes tonight. We take, I'm going to tell them tomorrow to be prepared to go to six, or ask them if they'd be gracious enough to be willing to do that. Maybe we do a lunch at 12:30 or 12:45. And we just see if we start getting some wind behind our sails and we get ahead of things, then we can take the pressure off a little bit. Okay. I feel like the witnesses after that, of course, again, I only predict my presentation of the witnesses. But I feel like they're, they're relatively quick, subject to cross, of course. I mean, I looked at their, they've got a good attitude, they're smiling at us, they're giving it their full attention. I think it's gonna, I need, I need cooperation on all sides here. You have to defend the case, you have to present the case. But we have till Friday. And I really don't want it to be that we're doing closings at five o'clock on Friday night. And I don't think they're going to appreciate that either. But I think there's an added pressure of this storm, which is very uncertain. But and I haven't talked about hurricane preparedness with them because I don't want to stress them out any further. But I think it every time if we look at it, begin to moron, they're still showing it coming kind of in our direction, that is going to start being on their mind. So just keep that out there. Let's bring them in if they're ready and let's do what we can do today. Okay.

All right. And if you're not gonna ask him any more questions today, we could he can sit up there or he can not sit up there. Other than introducing it, I guess. I don't know if he's gonna be asked questions about the interview itself, so he may want to appear here. It all. I think, juice, should I remove this? Huh? Honey, 60. Did she move 60? Okay, so we'll do that right away. Okay. So do you have an objection to 16, which is September 18, 2017? I wish I did, but no. Okay. All right. Then we'll just. All right. Thank you for the record. Defendant is present with counsel. Assistant State Attorney is present. Our ladies and gentlemen, let me tell you what the plan is. Miss Jensen, I think she's already moved number sixteen into evidence, right? And that was while you were out. We did that, business. So it's received as number sixteen. This is a recorded interview. Remember when I talked about how much you like just kind of listening and watching things for a long period of time when you're at your house? I need you to imagine you're at your house. You're in your favorite, favorite comfortable chair. Try not to take off your shoes, folks. But this is two hours and 44 minutes. Now, before you panic, don't look at the clock. What we're gonna do is we're gonna do about 45 minutes today. And then you're going home. I'm gonna talk to you quickly. You're gonna go home. But we're, but we got a lot tomorrow that's gonna be the same kind of thing. So you, we're just gonna take breaks and stand. And you just have to imagine you're in that comfortable place at home. All right, with that, Ms. Jensen, about 5:35 is every. And then I'll talk to you quickly and get you out of here. Okay, that's our goal.

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For one.

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Ya hear that she would mean she's from Hanna, president about that especially.

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Like to the side street and we're near aging from that then back me neither those a house or apartment and she was where she may be. I think that I think they were just for me. She's partially relationship.

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After everything out with the situation was fluffy and all that. My understanding was that she had kind of a long-term relationship with this girl in Biloxi. Too injured yet. But when I had the first day that I ever heard ujin here was that day that they were at the house and then all of them come back. But it was ginger for quite some time before that. I never ate eight guys that were destined for a before Sheila. Do you recall she told me like like military guys that I felt like we kind of in noble thing where she was added in the given point. But I was surprised.

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One of her trips to Vegas, she went with back. She's recruiting me. She told me you've been there three times this year.

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I know she was at the SHOT Show.

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Tradeshow. We made yes or whatever. And I know that she was there. I thought she had some sort of like company. I know that she's been going to a lot of gun shows. Oh my god, Sheldon. I don't know. Watching this all me, man. My energy machine works for our aggression. She has a white paper with my name.

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Like I left the trunk paper bird. So even after all this happens, the chocolate still there because.

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There's a couple boxes kind of, you know, it's not a small box. Our keep everything full to the brim. And me, if I couldn't even get everything, she had a storage unit with my home weight.

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Relation for you if you're facing or whatever. And we got a washing machine. We haven't, we the jogger, it wouldn't fit in drug. We got what boxes to kick it out of there. But then like she's climbing those verses to get to you better carpets that the way that was essentially an email. I try not to remember so now. But a couple boxes and bringing it from office. But happy birthday.

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The third.

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Oh.

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You certainly can say potato, all that. I only have one.

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Like I have it transferred to. Okay, so when she told me she normally taught that to you on that. Yeah, you keep workers in your food. You like commonly the late numbers. I told you know it, whatever. I think I was like thirty days or whatever. In the past thirty days or longer for the formal or do you think that she would popular contact you from the other number? Would you mind if we, if we.

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Yeah.

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You know, I don't know if that stem from when when all this crap in the cast. Taylor has always had a senior ending and has. So she like how to put her finger because it's Erica. She connected the winner on Branson, obviously only one bowl, right? So I don't want that fine. We have their profit in our. Yeah. What kind of hold? Wonder if you know what the holy shit fucking hurt. I do with the iPhone because I think the messages.

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Honeymoons, our message box, a. I'm a physical because they're go through that. Yes.

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Yes. One of our message is interconnected. When I this descendant allows to listen down on your phone that voluntarily. We're not forcing you to give us your phone. Oh.

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So what we get what after brunch? Where we know it again. There's a couple emphases for that. But whether that is well, okay. I know I did this with you informal, but official choices the last day that you saw her.

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Not eat. Actually, we actually before you're going to Shanghai Catholics. Don't be sad. You still here. We go be sure she was still there when y'all fall out.

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Now the units like pull the belt front and she came to hop in there. You don't hang out for a little bit. We were a little. I would be standing our names are they in Japan? Fuck sharks out there.

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She was struggling with what she should throw away, which is not there to your knowledge or MA. With that remain over that someone that casual thing. My understanding with Linux at that really that you think is possible or appreciated. Always anything's possible in this situation. It may be. I got a person. She was a long-term relief up or if you'd like that maybe a couple years. I probably before the move stuff. I defunded out lunch or twice. Once with to drop off your age and then other times. Taylor's always to look at Suncorp universe that she was doing. And I was kind of doing the new stuff. When she was talking mother issues she was having with Ambra. One time, I think the night that I dropped Taylor spun off the path, she was there doing the workshop Nations. What the graduates didn't have time to work. And she was just on. Did you leave the mark? Should I bring them here so they addressed? If I can bring something there to be the chocolate and bring it back to my office. And I don't know Taylor in that day or so. Birthday to all be here at home up rowdy took or anything going down baby here though.

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It really is. And the person trying to help them being on me. But he's been on lunch for like 12 years.

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Recently got knocked out whole word. He know my neck. Yeah, he's on the deck. And we.

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Because he has was pretty drunk still being there. And because I don't think that one's aware of how much it was that we brought the box truck initially today. The hunter, you, I was driving my James and frog the truck there for them. And when I pull up, they had to slip into the back of the box truck. And classic just got husband work and Taylor standing there. And I'm like, legitimately, like, so. And it wasn't matter. She's like, telling house, don't panic. It's normal thing for good. I mean, really. So that chunk of huffing, what she told me, I guess what you told Katherine, you know, it's knowing they finally opened up the truck. Has its link. Um, we've seen this before. Help you know how are we going to do this? Because she told us have that up remain, you know, as well. That say family might help you. Yeah. But you can't have storage boxes. I see. I'm noting its 38:55 according to just so that we have a reference. And then the top number, I don't know if it meant anything. It was like 801 or something. It doesn't mean anything. Okay. 38:55. All right.

All right, folks. I've tried 362 jury trials as a judge. And do you know who my favorite jury is? Right? Okay. That was the as dangling the carrot here. It comes. All right, y'all are gonna leave tonight. Leave your notepads, pencils, you know, not to watch, as far as any news or channel 5 for news or try to get any any streaming information. If somebody inadvertently sent you a text with like a picture of the trial, you have to ignore it. Don't talk to family members, friends. Don't let anybody talk to you. You know, all this. I want to get you out of here. But I want to talk about tomorrow. And it's choking me up to talk about it. Do you think that if we did, you had a hearty breakfast, which I will not prepare, and if you, we ate a lighter lunch, that you could go as late as 6:00 or 6:30 tomorrow? No. I know. But I know how much I got over here to get through. But if anybody can't, I'm not gonna make you. I'm not gonna do that. So let's start with six. We go to six. All right. Now, if I promise you'll walk out of this room no later than 6:30, does that cause a problem? Does any, I mean, it's okay if it only causes a problem for one person. It doesn't matter. I won't do it. Is every few of you just looking at me like you wish I'd say something else? But if it would cause a problem, please don't hesitate. And I'm not going to be upset because you guys have been awesome. Everybody in reluctantly so. Eat a good breakfast. We've got two hours of video to knock out right away. When we start, we're gonna start. I think they're gonna ask you to report like you did today, 8:30 or 8:25 here. But it did great this morning. Report. And we're gonna start about 8:45, 8:50. From our perspective, we got to knock about two hours out of the video. And we got a lot of other things along that line tomorrow. And we're gonna just work through it. Okay. And then we'll do a later lunch like 12:30 or 12:45. You'll get a snack break in the morning. And that way the afternoon will be broken up a little more. Okay. I said you're my favorite jury. Who's who's your favorite judge? You are. All right. Good night, everybody. If you want to get down. But Bridget may need you.

All right. I've just been looking at this. And here's my question. If this detective takes most of tomorrow, that would leave everything else for Thursday. Do you think we'll get past just this detective tomorrow? Miss Jensen, I understand your nation. But I just, the process without saved by an hour of publishing, you know, phone conversations, if they will allow. You know, I've done the old best evidence objection and all that. But if they will allow detective people, you just kind of summarize those conversations. And I don't have to play hours worth of phone calls. I just encourage you, you have to prosecute the case the way you see best. The defense has to defend the case the way they see best. We made a commitment. And like I said, if we can't abide by that commitment, which I'm really going to be disturbed if we cannot, when they're being such good sports about it. But we have more than just a problem with it being Labor Day weekend. And it's going to have a major impact. So I encourage y'all to see if there are areas that you can streamline. So that, I mean, they are now staying to 6:00 or 6:30 tomorrow night and giving me a half-hearted smile about it. So. And then Thursday night, I mean, we're just going to have to take it one day at a time. But anything that y'all can do to streamline it now that we know how long it is taking is appreciated. Let's plan on us meeting at 8:45. I assume that we, if I didn't have a dentist appointment tomorrow morning, we could meet earlier than that. But I've got to get out of the chair to get here. So let's plan on meeting at 8:45. I assume we won't have much to talk about initially. We can just jump into the video because it's got a long way to go. And at some point, we can kind of get a feeling on it. Does that sound like a plan, Mr. Barry Barroso? Mr. John Barrasso? Mr. Garth? Are you with me? All right. Then I will see y'all. Thank y'all. Tonight, we're going to open the courtroom for technology people at 8:15 tomorrow. Thank you all.