Jeffrey Scott Trial Blog - Day 4 - WMC Action News 5 - Memphis, Tennessee

Blog by Nick Kenney

Jeffrey Scott Trial Blog - Day 4

6:22PM - Everyone has left the courtroom. Prosecutors, defense attornies, Jeffrey Scott. The judge is apparently still considering whether he has to make the e-mail available. The CA's attorney has met with the judge and is consulting with another judge. We'll see if that mysterious e-mail that took the jury so long to review this morning is made available to the media. Check out Action News 5 at 10 for the answer. Full report from Janice Broach tonight at 10. Check back with wmctv.com forst thing tomorrow morning. this blog will continue then. Have a good ngith. See you in the morning.

6:08PM - Court adjourned for the day. Will return at 9 am. More witnesses to go through without the jury in the room. Then they will return and testify again with the jury in the room if the judge determines that ut us admissible.

6:07PM - Three more witnesses who must testify in court without the jury. But they're not here. They must give that testimony tomorrow without the jury in the room.

CA's attorney now talking. Judge adjourns, asks to speak to him in the back alone.

6:04PM - Laurie never saw any injuries on Ashley. Ashley came to Louisiana for a high school reunion September 30, 06 stayed with Laurie. Lauries says Jeffrey was calling al the time. The two went shopping. Ashley bought a dress. Laurie found her a necklace, but Ashley said no because Jeffrey wouldn't like it that she spent the money. She says Ashley bought a pair of shoes for $15 but she was wreck buying them. She says Jeffrey was calling the whole time. They went to the reunion. Asley went and stayed at another friends house that night. Laurie visited Mmemphis but observed nothing unusual.

One phone call during the ride to the reunion. Jeffrey called her phone while they were in the car. ASked what she was wearing. Ashley told them about that conversation. She says Jeffrey told Ashley her hair didn't look good curly and that it looked stupid. Laurie says Ahley would just blow it off and quickly change the subject. State finished. No cross. Lori Machen (proper spelling, now that the judge asked) released.

6:00 PM - State calls Laurie Maechom(sp?). She knows Ashley Scott. Met in 5th grade. Best friends until Ashley died. She knew Jeffrey Scott. Met in college. She lives in Benton, Louisiana with her husband. She got phone calls from Jeffrey. He would tell her that Ashley had been drinking a lot, falling down, passingout, waking up and not remembering. Getting bumps and bruises from falling over. She says it was unusual for him to be calling her. Ashley was not calling. Jeffrey was calling. November 05. She tried calling Ashley but Ashley did not call back. Couldn;t get back in touch with her. Not terribly unusual. JEffrey would continue to call and tell her that he deserved better than Ashley and that he would like to have children but he didn't want Ashley to be the child's mother. Jeffrey told her about Ashley's DWI. She called Ashley. FInally got to talk to her. Ashley told her that Jeffrey was embarrassed with how she had been acting at the bar and told her to drive home. that's when she got in the accident and got the DWI. She says hse told Ashley Jeffrey had been calling. Ashley told her Jeffrey wasn't telling her everytthing. Jeffrey called her one time and told her that Ashley was having an affair but not with who. they got into a fight and she left hte house. Jeffrey couldn't find her. She turned up at a friends house the next morning. Laurie told Jeffrey they should seek professional help because Laurie was biased toward Ashley. Finally Jeffrey called to say they were seeing acounselor and that he wasn;t going to call her anymore. 

5:51PM - Private bench conference between attorneys and judge. No witness in the room. Jury has not come back.

5:48PM - State calls Kevin Yates. In open court still. No jury. Yates works at FedEx. Nov 06 was employed at Briarson. In 05 he taught at Bolton High. Knew Ashley well. Had classes with her in graduate school. 2 classes. Worked with Ashley. He says he was aware of marital problems between the Scott's. He says she always discussed the arguments she had with her husband, hurtful statements in teh school year of 04 and 05, more hurtful more often in spring 05. Did not see any injuries. Fall 05 Ashley told Yates that Jeffrey hit her. The two were in his classroom. he says he didn't ask, she just offered that Jeffrey hit her. Yates says she was almost embarrassed to tell him. Fidgety, embarassed, abrupt-like manner. Sitting in classroom near lunchtime. they were about to walk out. yates says she offered that she washaving problem with her marriage and that Jeffrey struck her in the head. Yates says Ashley told him that Jeffrey would be demeaning to her in regards to her role as a teacher and her desire to have  achild when she couldn't keep a house clean. Yates says he saw her with a black eye in the fall 06. he asked her about it. She was dismissive. He says she had a lot of make-up on and it was hard to see the black eye. Had to be close enough to have a conversation with her. Yates says he asked if Jeffrey had hit her. He says she was dismissive, said no, no. Yates says he doesn't remember any other injuries. Yates left Bolton in january 06. yates says they stayed in touch for a period after she left. E-mails. But those became few and far between. he says he e-mailed her four weeks before her death. Got a response. She wrote back saying she and Jeffrey were trying to have a baby and that they were trying to sell the house. Yates says he encouraged her to seek advice and asked her to get out and talk to somebody. yates says he knew she shouldn't be getting hit. Yates released with no cross-examination. he'll return tomorrow to testify again in front of the jury.

5:38PM - Garry Shriver. Bolton High School teacher. Knew Ashley from January 03 to Nov 06. he says he knew she had marital problems through Paul Dooley. Shriver says he saw a knot on Ashley's forehead, black eue in Oct 05. Cut on chin on Aug 06. Only two times he observed injuries on Ashley. Shriver says he never asked her about those injuries. He says on odd occassions she'd be really tan or dark. Sometimes excessive make-up for a few days. other times no make-up at all. Nothing unusual about her clothing. He feels like there was a relation between the changes and the injuries. Shriver never confronted her about injuries. She never confided in him. Shriver found out about her death Saturday morning after Thanksgiving from Paul Dooley. He says Ashley talked about buying a new home and quitting her job teaching. He says he thought they were bad choices, irrational, some way to go in a different direction. State asks if there was a change in Ashley in teh time he knew her. He says yes. She used to be outgoing and enjoyed teaching. Fall of 06 she became withdrawn went out of her way to not have contact with others. State finished. No cross. Shriver released. Will come back tomorrow to testify in front of jury.

5:32PM - State calls Sharon Berkes. Still in open court once again. Berkes is an English teacher at Bolton High School. Burkes says Ashley was a well-liked teacher. Berkes says she noticed bruises on Scott's arms in May of '06. Also noticed bruises on her face and an extreme amount of make-up. Berkes asked if she was okay. Ashley says everything was fine started crying then ran out of the room. Berkes says Ashley dressed professionally for school but always wore long sleeves even if it was hot outside. Berkes says Ashley never told her about any marital problems. Thought it was strange that Ashley dyed blonde hair dark and wore much more make-up. Fall of '06, Berkes put domestic violemce brochures in Ashley's teaching box because she was sure something was happening.

Cross. Berkes acknowledges that Ashley said she saw bruises on Ashley only once and Ashley said she fell down steps at home. Berkes released.

5:27PM - Judge calls David Stephens. Principal at Bolton High School. Live in front of open court now. He says Ashley Scott had great attendance at htebeginning but her attendance actually started slipping. Stephens had to have a conference with Ashley Scott in September of 2006. One day she was absent and did not call in or call in for a substitute. Paul Dooley had to cover her class for awhile. Stephens says Dooley was concerned and thought they should send a school resource officer to the Scott house to check on her. Before they went out to her house though they finally heard from her. Stephens said he had heard about it happening one other time with Ashley Scott. Stephens told her it was imoprtant that she show up to work or call for a substitute. He says Ashley apologized and said she was sick and accidentally overslept. Then Stephens says she talked to her as a friend and told her he was concerned. Stephens says another teacher told him that she was concerned about Ashley Scott and thought Scott might e having marital problems. Stephens says he asked her is Ashley was okay. He says Ashley broke down started crying but said she was okay. He gave her information about the employee assistance program that is confidential. It's for employees that might be having trouble. 150 employees, 2000 students. He doesn't see everyone every single day. says he did not see Ashley Scott often, just every now and then. He met with her the year before because she was the prom coordinator in the Spring of '06. Stephens says he didn't notice any problems. State finished. No cross. Stephens released. he will return to testify again tomorrow.

5:20PM - Judge releases Dooley for the night. Asks him to come back tomorrow for the morning.

5:18PM - Court back in session. Prosecutors and defense attorneys at the bench talking to the judge.

5:10PM - Court in recess. Waiting to see what happens when we come back. The attorney for the Commercial Appeal is named Lucian Pera. The judge said he would hear from him in a moment. Potentially when the recess ends. I'm assuming he'll ask the court to keep proceedings open. We'll see.

5:08PM - Dooley has left the bench and is sitting behind the prosecutors. No clue what's up. An attorney for the Commercial Appeal stood up and asked to be heard. The judge told him not yet, but just a moment. The called a recess. Court stands in recess.

5:05PM - Now, it looks as though Leslie Ballin is questioning Dooley. Cross-examination? Don't know, but it sure looks that way. Ballin has asked him some questions.

5:01PM - From folks in the gallery: Dooley is and/or was apparently an English teacher at Bolton High School. Don't know what he'd be testifying to because we cannot hear what's happening at the bench.

4:58PM - Private bench conference still ongoing. Two defense attorneys and two prosecutors and Paul Dooley all standing at the bench. Judge behind the bench. Prosecutor is asking Dooley questions, but the conference is private. Exaclty what's going on is unclear becuase no one is privvy to what's up. The jury is still not in the courtroom. Gallery abuzz. No one seems to have ever been involved in something like this before during an open trial.

4:55PM - Don't know who Paul Dooley is. Before it ever got to that point, the judge turned everything into the private bench conference.

4:51PM - Judge is on the bench. Dooley is directly in front of him. Branham is to Dooley's left asking questions. Crossnoe is almost directly behind Dooley. Blake Ballin is about three feet behind and to the left of Branham. Leslie Ballin is directly to Branham's left. Leslie Ballin is actually sitting in the witness stand listening to what Dooley is telling the judge. It looks like testimony from this vantage point.

4:49PM - When the issue originally arose a few minutes ago, the judge indicated that this jury out testimony would proceed in open court even though he was worried it would hit the public domain and taint any potential future jury pools that might be needed in this case. Paul Dooley was sworn in and took the stand. Leslie Balllin asked to approach the stand and from there the public has not heard a thing although proceedings seem to be moving forward.

4:45PM - The court is apparently proceeding at the bench. Paul Dooley is apparently testifying in frony the judge, two defense attorneys, and two prosecutors. No one else can hear what is going on, what is being said, the point of his testimony.

4:41PM - So whatever Dooley and the other witnesses say that turns out not to be admissible in court will not end up in the public domain.

4:35PM - NOW, the court has figured out away around the problem. They are taking Dooley's testimony in a private bench conference that the media and gallery cannot hear. He's testifying, but only in front of the judge, the defense and the prosecution. The gallery cannot hear what is being said. In essence, the judge has removed everyone else from the proceedings without actually removing anyone from the courtroom.

4:33PM - Judge leaves the courtroom open. Doesn't kick anyone out, including media because there was no pre-trial hearing regarding this particular issue at which media could have offered it's stance. Paul Dooley still on stand waiting to testify through a bench hearing between lawyers and judge.

4:32PM - Jury out of the courtroom. State calls Paul Dooley. Jury will NOT hear this testimony right now. Instead some witnesses will testify in front of court determine what is admissible in front of the jury and what is not. Could be as many as 13 witnesses. judge worries about the amount of time this will take and about the testimony getting out even if it is not admissibl ebecasue media is her.

4:30PM - Apparently some the court needs to hear some testimony without the jury hearing it to decide whether some stuff is admissible. He's concerned because the testimony will get out via the media for any future jury pool to hear in case there is a re-trial. He moves on with the jury out hearing anyway.

4:25PM - Court back in session. Judge addressing the court. Between 5 and 8 witnesses the state plans to call who have already given witnesses. Plus other witnesses who have not given statements. 13 potential witnesses in all. Prosecution acknowledges there is some overlap between the witnesses. Jury out for this hearing. Judge asks defense if they got copies of the statements. Defense says they have 7 statements from 7 different people. Ballin says they got those statements today even though they had asked the state for them earlier but never got them today. Judge says his concern is whether some things are inadmissible or not. Judge wants to know if he should rule without taking testimony or if both sides want to take some time to hear the witness testimony.

4:15PM - Still waiting. Still just sitting.

4:05PM - Not much to blog about at the moment. Court not yet back. Everyone just passing time as best as possible.

3:52PM - Bench conference finished. Court in recess again. 15 minutes. Still unclear what the bench conference was about.

3:50PM - Still at a bench conference. It is unclear what's at issue. Courtroom quiet. Conversations whispered in the gallery. Some talking about dogs. Some talking the plane crash in New York. Nothing going on in court other than the secret conversation with the judge.

3:40PM - Court back in session. Bench conference between defense, prosecution, and judge. Jury not yet back

3:31PM - Court still in recess. No issues discussed yet..

3:19PM - Judge sends jury out of the room. He tells them there are other issues that need to be discussed outside of the jury's presence. Court in recess.

3:18PM - State hands Merritt a photo of Jeffrey Scott in jail attire posted on overhead.. Taken November 24th 2006. Another photo. Jeffrey Scott's bare chest and stomach. No injuries on Scott. Another photo of Scott's back with shirt pulled up. No injuries. Another photo. Of the tops of Scott's hands. No injuries. Another photo. Of the top of Scott's right hand. No injuries. Another photo. Closer view of Scott's right hand. No injuries. Another photo. Palm of Scott's right hand. No injuries. Another photo. Close up of knuckles and fingers on the top of his right hand. No injuries. Another photo. Close up of palm of Scott's right hand. No injuries. Another photo. Scott's right index finger. No injuries. Another photo. Scott's right hand knuckles in the bent position. Another photo. Top of Scott's left hand. No injuries. Another photo. Top of Scott's left hand. No injuries. Another photo. Palm of Scott's left hand. No injuries. Another photo. Inside of Scott's palm on left hand. No injuries. Another photo. Scott's left hand knuckles in bent position. No injuries. Anotehr photo. Scott's left hand knuckles bent. No injuries.  State passes witness.

Ballin up. Merritt acknowledges no injuries on Jeffrey Scott. No defensive injuries. And no offensive injuries either. Ballin done. merrit released from stand.

3:08PM - Before Merritt takes the stand, defense and prosecutors trying to figure out to catalogue the 17 photographs about to be introduced as evidence. Apparently the pictures detail the condition of Jeffrey Scott's body after he was arrested.

Merrit takes the stand. 8-1/2 years in homicide unit. Novemebr 23, 2006. Merritt was involved in the investigation. Merritt met with Scott. Took photos of him. Obtained search warrant for cell phone that belonged to Ashley. Spoke with Ashley's father Ray. Picked up some items on Nashville.

Merrit photgraphed Scott at 8:15 am November 24, 2006. Identifies Jeffrey Scott in courtroom. Grey suit, light blue shirt, blue tie. Photos were to document Mr. Scott and whether or not he had any injuries. Was familiar with the case at the time. Wanted to know if he had injuries, whether they were defensive or any otehr injuries over the course of the incident at the Scott's house.

3:02PM - State calls Memphis Police Department Homicide Investigator W.D. Merritt. Slight delay. Merritt is on the elevator down from his office.

3:01PM - Jeffrey SCott was arrested on Nov 23, 2006. Was in custody all the way through Nov. 28, 2006. Ballin done. No re-direct. Helldorfer done steps off stand.

3:00PM - State continues with lead investigator on the case Tim Helldorfer. Helldorfer explained to Jeffrey Scott that he was there to take a DNA sample. He advised Scott the two could not talk about the case but could talk to about anything else. The weather he told Scott, was cold and rainy. Helldorfer says Scott aske dhim what day it was. Helldorfer told him Tuesday. Scott asked who won Monday Night Football game. Helldorfer told him Seattle. Helldorfer says he never asked Scott any questions. State passes witness.

Cross. Leslie Ballin. Asking about crime scene work and difference between camerar. One CSI had a digital camera. Turnmire had a digital camera. On the 25th Helldorfer did not ask Turnmire if the scene had changed. Helldorfer sent a request to a cellular telephone carrier to request the information about what was on the cell phone.

2:50PM - Jury now back in the courtroom.

2:47PM - Court back in session. Ballin still objects for the record. It'll be allowed the way it was going to enter into testimony originally. Helldorfer says he's clear. Takes the stand.

2:38PM - Court in recess.

2:37PM - Jury has not yet come back. Court will try to determine where the testimony in front of the jury left off so he can make an exact determination on how much of Helldorfer's conversation with Scott will be allowed..

2:35PM - Defense argues Heldorfer engaged Jeffrey Scott into talking about things. Other things are said and the state wants to use them. Helldorfer told him they couldn't talk about case. Comments made. And then the statement is used in court for thise case. So which one was it. Ballin, basically argues that it doesn't jive. Judge trying to sort through the issue. Judge Lammey says Helldorfer's comment to Scott that we cannot talk about the case does not elevate to the level of commenting on 5th amendment. Judge thinks the MNF comment is barely relevant anyway. He will allow the MNF comment in front of the jury.

2:28PM - Okay. State cannot bring up anything in front of the jury that indicates Jeffrey Scott involed his right to keep silent and not talk to the police. It's inadmissible in court. Ballin says Helldorfer telling him that the two can't talk about the case would indicate that Scott had invoked his right to counsel. So, Ballin argues that the MNF comment is out of context if it's not included with Helldorfer's telling him that they can't talk about the case. Judge seemingly disagrees. Judge seems to tell him the two things are totally separate. Ballin says Helldorfer first commented about Scott's fifth amendment right first then the MNF comment came up. Judge says Helldorfer did not comment about fifth amendment right, but rather mentioned simply that he was going to collect DNA and that they cannot talk about the case.

2:22PM - Ballin citing several other bits of case law. None of it is very clear to an an observer without a law degree. The judge asks Ballin to summarize a bit of case law that revolved around this very same issue. Again, defense argues Jeffrey Scott's question about the Monday Night Football game to teh homicide investigator should not be admissible. Leslie Ballin says the issue is not with what was said, but rather what wasn't said. The concept of not commenting at all. The comment that started this issue by Helldorfer to Jeffrey Scott. Ballin says if the jury hears the comment Scott made, the jury must also hear the first phrase of the comment about the two not being able to tlak about the case. Ballin says the Monday Night Fottball comment needs to be put into proper context. but apparently the state is not allowed to bring up the fact that Hilldorfer told him we cannot talk about the case. But Ballin says both are intertwined.

2:15PM - Both sides arguing over whether the Monday Night Fottball will be admissible in court. Defense cites a Supreme Court case in which the officer just sat in the room with a suspect and the suspect just started talking to the officer with the officer opening his mouth. Blake Ballin says interrogation does not necessarily mean a question and answer session, that the word interrogation has a more general definition in regard to case law.

2:10PM - Court back in session. Jury not here. Another issue. Media asked court for certain things...He's refering to the e-mail...Media made a request for a copy of the e-mail. The judge says he's not going to take timeout to make copies. If either side wants to hand out copies of things that's up to them. Ballin says both sides agreed to do things certain ways and neither side will give the media what it's requesting. We may never know what was in that mysterious e-mail the jury reviewed for so long.

1:58PM - Court not yet back in session, but the courtroom is more crowded than ever before. A box of tissues is being passed around. It appears that a dramatic afternoon of testimony is coming up. 

1:52PM - Also, the mysterious e-mail the jury reviewed earlier this morning. We still don't know what the e-mail said or have any idea what it was about. It might not come out in opnen court either. We'll keep you posted.

1:47PM - Court is not yet back. Courtroom still locked. While I have a moment, let me try to clear up the Monday Night Football question currently at issue. Lead Investigator Tim Hilldorfer is on currently on the stand. The state wants to bring up a statement Scott made to Hilldorfer. The defense objects to it coming out in front of the jury. Scott was taken into custody on November 23, 2006. The following Tuesday, Hilldorfer met with Scott to collect a DNA sample. Scott had been in jail since the 23rd. The Ballin's were not in the room when Hilldorfer collected the DNA from Scott. Hilldorfer apparently told him they could not discuss the case, but could discuss anything else. he told him the weather was rainy and ugly outside. Scott considered then asked Hilldorfer what day it was. Hilldorfer told him it was Tuesday. Scott then asked him who won the Monday Night Football game. Hilldorfer told him Seattle. The state wants to use it to show Scott's state of mind. The defense argues that it's irrelevant. Ballin also argues that Scott was not read Miranda rights beforehand so nothing he said should be used against him. Ballin also argues that they did not know this statement was going to come up in trial because the state did not tell them about it. Ballin argues the defense did not have a chance to file a pre-trial motion to suppress the statement. The judge has not made a decision, but is expected to rul when they come back from lunch.

12:38PM - Apparently Jeffrey Scott asked Hilldorfer who won the MOnday Night Football game when Hilldorfer colelcted his DNA. Ballin's argue they didn't know the state was going to enter it into evidence and did not have a chance to file a motion to suppress. Hilldorfer apparently told Scott not to discuss the case or say anything. he just needed to collect his DNA. Hilldorfer told him they could talk about anything else, like the weather. Hilldorfer told him it was rainy and cold outside. Scott asked what day it was. Hilldorfer told him Tuesday. Scott asked who won the MOnday night football game. Hilldorfer told him Seattle. State argues it shows Scott's state of mind. Defense argues it's irrelevant. Judge has not made a decision. Will do so after lunch. Court in recess until 1:45 PM.

12:23PM - Judge sends jury out for lunch. Tells them there is an issue that must be taken up outside it's presence. We'll see what that is.

12:20PM - Delay for private bench conference.

12:15PM - Photo published on overhead. Bureau against wall. Chair on left side of bureau, right side of bed, opposite side of master bedroom. Another photo. Lacey female clothing. From the bureau at the base of the bed. Not in the nightstand on the left side of the bed. An envelope. Dated January 29, 2007. jeffrey Scott's passport. Leslie Ballin's office dropped it off. Hilldorfer says he saw it on the counter in the kitchen next to the refrigerator on November 25, 2006. Vividly remembers it because he'd never seen a passport on a homicide scene before. State publishes photo of wine bottle, wallet, and cell phone. Hilldorfer explains where the passport was in relation. Hilldorfer has been at 590 Wesley Wood twice. Once on November 5th, 2006. And just htis past Monday he returned.

Another photo. Wider shot of kitchen. Explains the passport was somewhat behind the refrigerator. Thought a photo had been taken. Asknowledges not all crime scene photos come out. Purse on opposite sides of kitchen. Cell phone sitting right near purse. More books and a laptop computer in the hallway on the way to the garage. Didn't collect it. Later wanted to go back and collec the laptop, but never could find it. HAve tried to find it since, but cannot.

Hilldorfer says he's come in contact with Jeffrey Scott in an interview room. Took a DNA sample from him.

12:05PM - Hilldorfer went to Scott house for the first time on Saturday November 25, 2006. Had to first go through the information and get a search warrant from the judge. Takes time. Cat at the house when they arrived. Family member came and got the cat. No dog. If there had been a dog, believes family friend would've gotten it. Hilldorfer working with Sgt. Paisley in homicide unit. Turnmire met them their. They wanted to collect more evidence. From the time the victim died to the time he showed up, Hilldorfer says the scene was locked and secured. No crime scene tape. No one assigned to sit and guard and watch the house overnight. Hilldorfer had no contact with Jeffrey Scott before going to home. Hilldorfere says it was nicely decorated, nice home. Noticed the stains on the floor almost immediately. Also quickly noticed only one vase on one side of the fireplace. Three bedrooms in the house. Only one being used as bedroom. Other was an office.

State publishes photo on overhead. Second bedroom. Closet full of women's clothing. Lots of books in the room. Anotehr photo. The open trunk of the VW bug. Trunk open. Clothes still on hangers that had been put in their. Hilldorfer says their appear to be school books. Bottle of wine on the passenger seat insid ehte car. Doesn't remember if it was white or red wine.

Another photo. Bureau in master bedroom. At the foot of the bed. Pushed against the wall.

11:55AM - Jury finished. State calls Tim Hilldorfer. He's been sitting in on the proceedings. Not sure why that's allowed either. He's an investigator with the D.A.'s office. Nov 23, 2006, he worked for Memphis PD homicide unit. Case coordinator in charge of Jeffrey Scott case. Directs other investigators, other officers, keep records. Submit those records to the DA's office. Was not employed by DA's office at the time. Not involved in every aspect of the case. He directs other investigators assisting in case. Did not go to scene on Novemebr 23, 2006. Felony response handled that night. The next morning, he was assigned the case. Got packet of infor from his Lt. that had come from felony response.

11:45AM - Jury reviewing paperwork. Courtroom simply waiting.

11:43AM - Defense and prosecution have entered into a stipulation. Prosecution will enter evidence without requiring a witness to explain. defense agreed to the stipulation. Each juror has a copy of this piece of evidence. No one's on the stand.

It's a two page document. Prosecution reads the stipulation.

The evidence is a cirology or DNA report.

Ballin asks they be given time to review it.

Lunch will be at 12:30 pm. Judge gives them time to review the paperwork.

11:40AM - Back to testimony. Ballin brings up kitchen garbage. After looking at written report, Turnmire acknowledges there was an empty bottle in garbage can. Empty bottle of vodka. Ballin asks what Turnmire did with the bottle. She says she does not remember, though she emptied the kitchen garbage can into the big city garbage can in the garage. Ballin done.

State re-directs. Turmire is not a preofessional photographer. Uses a small digital camera now. On November 23, 2006 she was using 35 mm film camera that does not have automatic review. Turnmire says every crime scene photo isn't necessarily perfect for various reasons. State asks about VW bug. the runk opne with clothes on hangers. Appeared to be container of wine in the trunk according to Turnmire's report. Unopened to Turnmire's recollection. Turnmire says there were no other pieces of furniture in master bedroom besides nightstands and bed. Passes witness.

Ballin says there were both 35mm and digital cameras used in the investigation. Other CSI had a digital camera. Turnmire had 35 mm. Turnmire has been officer for 30 years. CSI responsible for taking photos for preservation. Ballin done.

Re-Direct. Bulk of pictures taken on November 25, 2006. She was by herself on the 25th. Turnmire released.

11:30AM - The photos the jury is reviewing are two photos of the nightstand drawer with the women's lacey garment inside.

11:28AM - Jury gets to review both pictures close up. Passing them from one juror to another. In similar fashion to teh e-mail that we still don't know anything about. Each juror reviews each picture carefully. Slight delay again, though it should not take as long.

11:26AM - Ballin returns to pillow by fire place. Asks if she or anyone else moved the pillow before taking pictures. Multiple pictures. Ballin asks if she moved the pillow between photos. Asks if any other police officer moved the pillow. Ballin posts a photo of a pillow in front of the fireplace. She's asked to and points out the sofa, the rug, the pillow. Ballin posts another photo of the same area. The pillow is in a slightly different spot. Closer to the sofa. She asknowledges the pillow appear to have moved. She adds that it moved very slightly.

Turnmire also took pictures of a nightstand next to the bed. Nightstands on both sides of the bed. He hands her photo of nightstand on left side of bed. Hands her anotehr photo. Close up of contents of one of the drawers on the nightstand on the left side of bed. Ballin asks about women's lacey garment inside drawer. She ackowledges, that's what it is.

11:20AM - Turnmire filled out a report regarding hospital scene. Ballin asks what she wrote about the treating. CSI given clothing. One piece of hair dirty and matted, cut up jeans, brown bra. Turnmire collected them, took them to property room.

Ballin continues. GOes back to garage and the indentations. No fluid marks in the indentation.

Turnmire says she examined the broken vase. Did not appear to be any blood upon her physical examination of hte broken vase. Ballin asks judge for one momnet. Confers with Blake Ballin. Looking for picture.

11:15AM - Ballin questions Turnmire about the fluid she referenced that was discovered on the concrete in the garage. He wants to know how she referenced that fluid in her report. What she thought it was on November 23, 2006. She listed it as "unknown fluid."

Ballin moves to her work in the emergency room. She collected some things in the ER. HE hands her a report she made. Prosecution asks to approach. Bench conference.

11:10AM - Turnmire acknowledges one kennel. One wine bottle. One passport. One Beverage container. One cell phone. She did not tag the one beverage container or the one wine bottle. ballin says the beverage container looks like the silver bullet, a coors light. Hands the passport to Turnmire. passport received into evidence 1/29/07. the passport was not in teh photograph next to the wine bottle and cell phone. She says she believed she took a picture of the passport, but there is not one. Another photo...(all of them have been seen earlier when the prosecution presented them)...Fridge, kitchen sink photo. Turnmire explains where things were on the countertop. Not actually pictured in photo. Ballin points out that Turnmire testified that the cell phone was in two different locations. Earlier she said the cell phone was near a passport, but then testified the passport and cell phone were in two different spots. No photograph of passport though Turnmire says she thought she took one. One brown shoe in kitchen. Where was the mate. Bunny house shoe in the living room near the fireplace. Ballin asks her where the dog was. She says she didn't know. She wasnt concetrating on the dog. Turnmire remembers the bunny house shoe. Does not remember seeing a mate to the borwn shoe in teh kitchen. A beige or brown slip on shoe perhaps.

Levity...Ballin can't find his glasses. His son points out that they're on his head.

Continues questioning about brown shoe. She says she never saw a mate to the brown shoe in the kitchen. Ballin brings up another photo. He asks her if the shoe in the kitchen matches one of the shoes on the bathroom floor. She says they're not similar. She does not know where the match to the kitche shoe was.

11:00AM - ballin asking Turnmire about the dog kennel and the radio on top. She says there is an indentation on the wall that looks like the dog kennel banged into the wall. She can't pick it out exactly. Turnmire says she does not move things doesn't want to re-create a scene She might move it after photographing it to collect more evidence. Ballin shows anotehr photo on the overhead. Open garage from the street. Turnmire points out the garbage can. Ballin asks her to point out where the dog kennel would be. She says the dog kennel is int eh picture, acknowledges that the dog kennel is not in the same location in the picture as the location to which she has been testifying to. Ballin asks her to get up, approach the jurors and show them the dog kennel in the photo.

10:55AM - Leslie Ballin step up. Requests all the photgraphs back from the stand. Sorting through them now. Asks her to explain Crime Scene Unit again. Seize evidence. Tag evidence. Secure scene. Taping off of scene so no one except investigators can come into the scene. Taping it off and guarding it. Important because don't want anything contaminated. Ballin asks her to tell what she did when she first got there.entered teh home, observed the scene, documented a few things in her notes. Turnmire soon left after arrival to go to hospital when Ashley Scott expired. Discussing ohotos taken outside the house. One dog kennel in the garage. Ballin passes Turnmire a red pen, asks her to mark 'DK' on an exhibit where the dog kennel. She marked but says she uncertain. Ballin shows her a picture of the dog kennel. She says that would allow her to more accurately mark the 'DK' on her diagram. 'DK' bext to wall in garage. Turnmire says she marked 'DK' in the wrong spot on the diagram. ballin asks her to mark an 'X' over the wrong spot and a 'DK' where it was when she arrived.

10:46AM - State passes witness. Defense getting prepared to go.

10:45AM - Jury back. State continues with Turnmire. Hands her a photo. Close up of office with suitcase, backpack, camera equipment. TV. In the corner of the room. Another photo. The living room area. Entry leading ot master bedroom, Kithcen entryway. Dining room entry way. Another photo. master bedroom, bed unmade, SOme type of fluids to right portion of the bed near the entry to the master bathroom. Window in background on otehr side. Another photo. Close up of the floor where the fluid is. Placards marked near the fluids. Another placard near some type of clothing. Turnmire testifying it is fluid. To observer it looks like blood. Close up of floor at the other side of the bed. Pillows on floor. Nightstand. Unidentified dark object on floor near pillows. Another photo. Different angle of master bedroom, looking toward master bathroom. Several items thrown on the floor. Clothing, pillow. Another photo. Bathroom floor right in front of masterbathroom bathtub. Slip on shoes. Flip-flop. Pillow. Rug in front of shower area. Cut-up t-shirt. Placard marking the evidence. Some tyoe pf blood or body fluid on cut up t-shirt. Looked like fluid on the carpet ain bedroom and on concrete in garage. Another picture. Close-up of towel with blood and or body fluid on it. Collected and tagged for further preservation. No mention of e-mail

10:35AM - Court back in session. Jury coming back. Private bench conference.

10:30AM - 15 minutes have passed. Court not yet back in session.

10:15AM - Judge has the e-mail now. Some jury members would like to ask questions. Judge will not allow it. Will leave it up to the attorneys to ask the questions. He asks them to take the proof as it comes through the witness stand. They will have the evidence when they deliberate. Judge puts the court in recess. About 10 minutes. Still don't know what's in e-mail. We'll keep you posted.

10:13AM - Juror 14 has the e-mail. When that juror gets finished, court will have been silent for about 30 minutes. Private bench conference finished.

10:11AM - Judge Lammey just called prosecutor Missy Branham and Defense Attorney Leslie Ballin to the bench for a private conference. Juror 13 has the e-mail. Still camera shutter clicks.

10:10AM - Court is still in session. The delay is allowing jurors to review the e-mail. It has not been published to the open court yet so we don't know what's in it yet. Two more jurors to go.

10:06AM - Judge James Lammey likes to keep his courtroom air conditioned. it's cold in here. he's told the court previously that he's warm up on the bench and he apologized for the brisk. In the gallery, no one has taken off an outside coat. Everyone is still bundled up. One juror is wearing a coat, a scarf, and gloves. It's winter outside. And it's winter inside, too.

10:03AM - Juror 7 asked to see it again before it was passed on. Now juror 9 and 10 are reading it together at the same time.

10:00AM - Juror number 8 is reading the e-mail now. 6 more to go.

9:55AM - Apparently the e-mail is not short. Each juror is reviewing carefully. One put her hand to her mouth while reading. From an pbservers perspective, it looked like concern. But it might just be something this particular juror as a habit while concentrating. Of the six jurors who have seen the e-mail so far, all have taken detailed notes about what's inside. Remember, this e-mail was discovered in paper form on the computer table in the office area of the Scott's house. The e-mail is long and appears to be printed on both the front and back of the page. No idea what's in it, but CSI collected it and tagged it as evidence and the prosecution has presented it as evidence.

9:47AM - This might take few minutes. Only three jurors have seen the e-mail so far. And the second juror asked the third juror to pass it back so he could read it again. In all, 14 jurors get to look at it. In the meantime, while the jury works, the courtroom is hushed siled. Other than the shutter of a newspaper photographers camera, nothing. The defense team is conversing. The prosecution is waiting. Jeffery Scott's head is bowed. The gallery is silent, but curious.

9:43PM - Jurors reviewing the e-mail. Passing the single piece of paper from one to the other. Court does not know what's in the e-mail. We'll see if we find out.

9:41AM - Another photo. Close up. More broken particles from vase. Another photo. The patio area of 590 Wesley Woods. Metal patio set with table and four chairs. Packet of Marlboro cigarettes, beverage container. Door in background leads to kitchen. Beveage container? Turnmire doesn't remember what kind of beverage. Another picture. Bedroom. A bed is made. Several articles of clothing on the bed. Another photo. Beside the same bed. A towel, some shoes hanging from the closet door. Another picture. Other side of the same bed. Guitar case, musical instrument case, book case, a bunch of books, several photographs.

Another picture. Turnmire says it's a partial photo of the office. Computer, printer, leather chair, lamp on table, sitting chair alos in the photograph. Turnmire says ther was an e-mail on the table with the computer.

State passes an envelope to Turnmire. She opens. An e-mail to Ashley from another person here, located on the table. Published to jury individually. Not on the overhead projector. each jury member gets to review it personally.

9:35AM - Photo another picture of the house. State hands Turnmire a piece of papaer. She drew a general picture of hte overview at the house. SHe drew it several days ago at the prosecutors request. Drawing published on overhead projector. Turnmire analyzes her diagram of the Scott's house. Through the entry on Wesley Woods into the master bedroom, the master bathroom, and master closet. ANotehr area of the home with garage, laundry room, and patio, Anotehr area leads into living room, dining room, fireplace, an office, anotehr bathroom, another bathroom. Drawing not to scale.

State hands Turnmire a photograph, a close up of the fireplace. On one side of the fireplace, one dried flower arrangement in vase, house shoes, a pillow. the edge of the rug. Turnmire says the vase near the fireplace matches the other one she found in the garbage container in the garage. State hands Turnmire a box. inside is the broken vase from the garbage. Another photo. Pillow, bunny house shoe located right near the fireplace.

Anotehr photo. Close up of the laminated floor and edge of pillow. Turnmire says there appears to be broken portions of vase found in garbage.

9:27AM - Jury back. Judge asks if they're ready to get back to work. Answer is yes, apparently. November 23, 2006. Turnmire on scene for about 45 minutes. Yesterday Turnmire went through a series of pictures from inside the garage at the Scott's house. She's about to go through more photos. State hands her a picture. Photo of kitchen and entry in the living room area. House shoes in the frame as well as another pair of shoes. Stove in picture. Next to picture is a backpack on teh countertop. Purse also on the counter. And a wine bottle. Edge of fridge. Sink. Turnmire says there was a phone and a passport on teh countertop between sink and fridge. Passport was Jeffrey Scott's. It was there on the 23rd. Turnmire returned on the 25th to take more pictures. She says the passport was no longer there. State hands Turnmire an envelope. Jeffrey Scott's passport is inside. Now state hands Turnmire the picture she took on the 23rd. The countertop, the phone, an open wallet, and a wine bottle. Turnmire tagged the phone. State hands her an envelope. Inside is the cell phone tagged on that date. State publishes another picture of the wine bottle, the wallet, and the cell phone. State hands her anotehr photo.

9:16AM - Turnmire will pick up where she left off Wednesday afternoon. She was about to start shuffling through a box full of stuff. Apparently there are a few problems with the box. Apparently the original box said something about gangs on it. It was apparently an old box that was just being re-used. Right now, they're looking for another box that doesn't say anything on the side that might bias the jury. they're looking for a box totally devoid any writing to hand to Turnmire. Jury not yet back in the room.. 

9:10AM - Court back in session. Jury coming back. Memphis Police Department Crime Scene Investigator back on stand.

8:30AM - Trial will continue this morning.  Standby for updates from the courtroom...

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