Page 1

1 1

STATEMENT

UNDER

2

OATH

OF

3

ANTHONY

TYRONE

JONES

4 5

taken

pursuant

6

Blair,

a

7

Public

in

8

Pennsylvania,

9

286

Court and

Woodland

10

Visiting

11

Marienville,

12

July

29,

to

Notice

Reporter for at

the the

Drive,

Room

by and

Notary

Commonwealth

of

SCI-Forest, P.O.

Conference

Box

beginning

307,

Area,

Pennsylvania,

2016,

Wendy

at

on

Friday,

9:47

a.m.

13 14 15 16 17 18 19 20 21 22 23

Any

reproduction

24

prohibited

25

the

of

without

this

transcript

authorization

certifying

agency.

is

by


2 1

A

P

P

E

A

R

A

N

C

2 3

MICHAEL

4

10

5

Media,

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

J.

Veterans PA

COUNSEL

MALLOY,

ESQUIRE

Square 19063 FOR

LEROY

EVANS

E

S


3 1

I

N

D

E

X

2 3 4

WITNESS:

5

EXAMINATION

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

By

ANTHONY

Attorney

CERTIFICATE

TYRONE

Malloy

JONES

6

-

71 72


4 1

EXHIBIT

PAGE

2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

PAGE NUMBER

DESCRIPTION NONE

IDENTIFIED OFFERED


5 1

OBJECTION

PAGE

2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

ATTORNEY

PAGE NONE

MADE


6 1

P

R

O

C

E

E

D

I

N

G

S

2

--------------------------------------

3

ANTHONY

4

BEEN

5

--------------------------------------

6

EXAMINATION

7

BY

8

Q.

9

record,

TYRONE

DULY

JONES,

SWORN,

ATTORNEY

TESTIFIED

FIRST

AS

FOLLOWS:

MALLOY:

Okay. my

HAVING

Anthony,

name

10

I

represent

11

Leroy

12

Codefendant

13

1980;

14

A.

Yes.

15

Q.

Just

16

client.

17

back

18

A.

Yes.

19

Q.

And

20

about

that

21

about

the

22

called

23

Mrs.

24

A.

Yeah.

25

Q.

And

is

Leroy

Evans,

Michael Evans.

because in

a

just

he

case

for

Malloy And

was

of

the and

you

know

a

yours

back

in

correct?

so

And

then;

the

Leo;

you

you

know,

were

he's

my

Codefendants

correct?

I'm

here

case. murder Avon

to

And of

speak that

what

lady,

case

was

also

to

you is

then

known

as

right?

I

spoke

to

you

briefly

over


7 1

the

phone

before

2

week

3

A.

Yes.

4

Q.

And

5

to

6

statement

7

A.

Yes.

8

Q.

And

you

9

in

way

that

ago;

me

at

as

that

give

11

to

12

right

13

A.

Yes.

14

Q.

But

15

that

16

A.

Yes.

17

Q.

So

18

can

19

what's

20

client,

21

by

22

A.

Yes.

23

Q.

So

24

you

25

talking

a

that

you

10

have

came

up

about

a

correct?

that

any

we

time

would

to

you

agree

that

did

lawyer,

would

and

now;

it's

a

correct?

not

and

we

give

know

statement,

here

to

crime;

certainly you

indicated

that

want

if

you

if

to wanted

stop

this

correct?

your

desire

to

give

statement?

let's

clarify going

Leroy

June,

or

for

I

to

begin. the

use

Evans,

about

I

here

is

guess think

is

known

we

my to

you

correct?

times the

I

record.

happen

J-U-N-E;

at

And

here

term

Leroy

when

June,

Evans;

we

speak,

we're correct?


8 1

A.

Yes.

2

Q.

And

3

back

4

A.

Yes.

5

Q.

Okay.

6

A.

Bus.

7

Q.

Bus.

8

as

9

A.

Yeah.

10

Q.

All

11

and

12

1980

13

November

14

A.

11th.

15

Q.

---

16

A.

Yes.

17

Q.

That's

18

occurred;

19

A.

Yes.

20

Q.

And

21

right,

---

22

A.

Yes.

23

Q.

---

24

A.

Yes.

25

Q.

And

in

the

Bus;

I

do

you

have

a

nickname

from

day?

What

is

Okay.

that?

They

refer

to

you

correct?

right.

believe ---?

I

it

So was

back

in

November

believe

it

1980

---

of

was

---

11th

of

the

1980;

date

correct?

that

the

murder

correct?

Mrs.

I

Leo

was

her

name,

believe?

she

was

really

commonly


9 1

referred

to

as

the

2

A.

Yes.

3

Q.

And

4

of

1980,

where

did

5

A.

I

think

it

6

Street.

7

Q.

It's

8

A.

Yes.

9

Q.

Who

back

then

been

were

Avon

was

then?

11

A.

My

12

Q.

Anybody

else

13

house?

14

A.

Sisters

and

15

Q.

And

16

youngest?

17

A.

Oldest.

18

Q.

How

19

A.

Three

20

brothers.

21

Q.

22

you

23

A.

Not

24

Q.

Okay.

25

was?

1980,

November

live? 3011

some

10

West

time,

living

22nd

huh?

with

back

mom.

were

many

live

Mrs.

in

that

brothers.

you

the

oldest,

sisters

sisters

Before known

in

you

you

lady?

and

November Leo,

and

the

brothers?

three

11th,

1980,

Avon

lady?

had

personally. But

did

you

know

who

she


10 1

A.

Yes.

2

Q.

And

3

when

the

4

seen

Mrs.

5

A.

Yes.

6

Q.

So

7

you

saw

her

8

you

see

her?

9

A.

so

on

murder

I

Leo

took

the

tell

seen

her at

or

what

day

before.

I

10

night

11

Q.

12

then?

13

A.

Selling

product.

14

Q.

And

how

old

15

A.

No,

about

16

Q.

Okay.

17

A.

---

turning

18

Q.

And

so

19

your

20

product;

21

A.

Right.

22

Q.

Who

23

that

24

A.

25

can't

Okay.

And

you My

you

before?

when

Where

think

was

were

16,

girlfriend's

had

she

you

did

the

girlfriend's what

the

so

1980,

happened

like

my

11th,

place,

day

us

the

before

November

house. doing

then,

17?

---

17. Avon

lady

house

was

at

selling

correct?

else

can

was

there,

the

best

remember?

girlfriend,

remember

who

her

else.

mother

and

I


11 1

Q.

And

2

A.

No.

3

Q.

Did

4

night

5

contact

6

day?

7

cash?

8

A.

Yes.

9

Q.

And

that

was

your

you

observe

made

with

Did

she

and

11

A.

Right.

12

Q.

And

13

she

14

November?

15

over

16

1980?

17

A.

Because

I

18

Q.

Why

you

19

your

20

A.

Rob

her.

21

Q.

And

when

22

you

23

A.

Yes.

24

Q.

Okay.

25

made

come

to

were

so

over

your

placed

it

do

on

in

cash?

in

Mrs.

that

Were

you

come

11th,

her.

What

was

day?

placed your

did

Leo,

November

called

with

product

house

from

call?

her

How

call?

you

saw

next

---?

she,

had

the

her

that

make

selling

your

house

to

you

you

did

did

intent

that

to

How

me

paying

did

to

lady

was

10

there?

anything

want

Avon

tell

so

people

you

the

you

mother

the

call,

house?

alone

when

you


12 1

A.

Yes.

2

Q.

Prior

3

you

4

or

5

the

6

A.

No.

7

Q.

Did

8

going

9

A.

No.

10

Q.

Had

you

11

before

you

called

12

A.

Yes.

13

Q.

Okay.

14

that

15

A.

16

front

17

house.

18

Q.

19

to

20

A.

21

walkway.

22

Q.

23

all

24

there

25

A.

discuss anyone Avon

to

to

making

with

that

that

anyone,

you

were

call,

anyone, going

did June

to

rob

lady?

anyone

rob

the

know Avon

seen

that

were

lady?

June

the

Where

you

that

Avon

did

day

lady?

you

see

June

day? We of

probably my

Where

was

house

or

did

June

like

in

outside

front

live

in

of

his

relation

you? He

lived

Okay. that

the

that No.

right

And Avon

day?

so

across

did

lady

he

was

in

the

know coming

at


13 1

Q.

So

you

2

she

3

second.

4

time

5

remember?

6

A.

It

7

Q.

Okay.

8

what

9

it,

comes

that One

of

call

day

Hold

second

here.

does

was

you

in

I

10

door?

11

for

12

A.

13

knocked

14

had

15

stuck

16

door.

17

Q.

Why

18

A.

Because

19

nobody

to

20

front

21

Q.

22

around

23

did

24

A.

25

the

her?

What

I

was on

told

the

her

and

morning when

mean,

you

time.

she

walk

comes,

me

through

knock

on

standing

there

waiting

the

to

you I

and

do

she

And

front go

to

the

day?

door.

the

had

that

house

front

did

if

what

she

that

she

see

so

and

one

And

the

happens

at

on

come,

Did

you

lady

she

And

can.

Were

Avon

day.

happens? if

the

then

door the

had I

was

back

that?

ain't

really

her

coming

Okay.

And

so

to

back

want

through

the

door.

she

do She

house.

the

when

of

your

she

comes

house.

that? just

walked

right

around

How


14 1

Q.

Okay.

2

side

3

A.

Not

even

4

Q.

And

so

5

house

6

right?

7

A.

Yes.

8

Q.

And

9

A.

Yes.

10

Q.

And

11

is

12

A.

Yes.

13

Q.

Okay.

14

phone

15

do

16

ask

17

down

18

believe

19

number?

20

A.

No.

21

Q.

Okay.

22

what

23

A.

24

started

25

nature.

alley

on

---.

that

Like

you

to

Do

---.

happens Well,

let

end

---.

back;

in

then?

of

I

So

when

house,

is?

If

I'll

the you

I

she

she

that

I

in,

in?

came

of

it

that

comes

had

just

don't

comes

things

I

write

recognize

she

her

the

mean,

then

you

after

the

recognize

Do

talking,

house?

the

497-3548?

Back

told

of

kitchen

you

when

little

the

her

question.

you.

I

comes

don't

that

for

back

the

a

alley.

back

of

of

the

you

the

where

you

in

do

side

no

She

number

---

the

there's

in,

we

that wanted

to


15 1

buy

some

stuff,

2

And

she

3

stuff

4

had

5

Q.

6

to

7

A.

Punched

8

Q.

Okay.

9

taking

place?

had

like

turned

this

pulled

that

out

that.

And

around

I

When

she

and

third.

samples then

had

turned,

and

when

she

punched

her.

you

did

what

was

this

her?

sitting

And

10

she

11

that

12

A.

13

standing,

14

the

15

stuff

16

Q.

17

samples

18

up

19

A.

Right.

20

Q.

And

21

A.

Right.

22

Q.

What

23

her?

24

A.

25

fell

point I

in

am

down.

standing?

was

Was

happening

that

much she

table

to

to

sure

had go

put

she

got

in

up

her

at

stuff

had

a

then

she

was

getting

then

you

happened

to

hit

after to

had

down.

She

was

them

correct?

you

hit

She

had

her?

knocked

and

of

her?

happened fell

bag

you;

from

up.

she

them

was

bag

So

showing

She

all

time?

pretty

Okay. and

she

what

because

like

What

where

Was

or

kitchen

and

her.

out.


16 1

Q.

Okay.

2

got

knocked

out

---?

3

you

know

she

got

4

your

5

A.

No.

6

Q.

Okay.

7

is

8

A.

No.

9

Q.

So

10

what's

going

11

A.

No.

12

Q.

Okay.

13

after

14

What

15

A.

16

to

17

Q.

Picked

18

A.

A

19

magazine

20

Q.

21

them?

22

A.

23

room.

24

Q.

And

25

or

knocked

if

punch

he

Do

or

there

when

Is at

I

she

Leroy

in

And

happened

If

you

hit

she

know, out

the

there,

has

that

so

the

whether

do

by floor?

or

June,

time?

nobody

on

on

know

knocked

this

still

she's

you

any

house

what

floor

idea but

you?

happened knocked

out?

next?

then

picked

everything

up

---. what

wallet, that

I

had

pocketbook

she

Okay.

up?

did out?

a

had.

What

set

and

it

she

did

you

do

in

the

living

remain

with

unconscious


17 1

A.

Yeah,

2

Q.

Okay.

3

money

4

A.

No,

5

Q.

Okay.

6

money

7

A.

Yes.

8

Q.

We

9

Okay.

out

for And

of

out

a

the

not

did

at

the

will

you

wallet that

Did

of

while.

you

to

Okay.

11

Q.

So

what

happens

12

after

you

take

her

13

order

book

14

all

15

A.

Yes.

16

Q.

---

17

to

18

A.

Yes.

19

Q.

And

20

kitchen

21

A.

Yes.

22

Q.

And

23

OFF

24

BY

25

Q.

the

stuff

living

stuff?

it

you

that,

She

book,

had you

and

moved

correct?

she's

still

on

the

floor?

RECORD ATTORNEY And

then

what

happens?

DISCUSSION MALLOY: then

she's

an took

---

over

room;

then

take

later.

after

receipt and

took

time.

that

A.

that

pocketbook?

pocketbook?

get

a

or

any

eventually

10

or

take

still

on

the

it


18 1

kitchen

floor?

2

A.

Yes.

3

Q.

And

then

4

A.

She

was

still

5

And

was

panicking

6

know

7

the

8

that

9

grabbed

---

10

because

we

11

right

12

back

13

Q.

14

of

15

clothesline?

16

A.

Right.

17

Q.

How

18

tell

19

line,

20

A.

21

old

22

real

23

around

24

five

25

and

then

I

what

to

what

do.

door

to

she

came

in.

as

see

I

a

the

open

knocked and

had

if

And

broke

you

like

And

back

had

happens?

didn't looked

anybody then

piece

I

of

the

out

seen

had rope

clothesline up

out.

off,

back

door,

the

door. When

rope,

we're

me,

did

how

with

like

say

you

did

it

you

talking

do

you

scissors

No,

was

my

that? break

or

---.

It

pulled

And

I

just

hand

a

little

times it

and

a

piece

a

white

I

mean,

it,

the

whatever?

and

six

broke about

clothesline.

frail

or

you

was it

was

wrapped

I

like

like

it

bit,

about

just

took

(indicating)

an

and

it

yanked


19 1

it

and

2

Q.

Okay.

3

shows,

you

4

showed

me

that

you

5

your

hand

with

your

6

in

circle;

7

A.

Right.

8

Q.

And

9

obviously

a

it

popped

Just

just

11

A.

No.

12

Q.

Well,

13

she

knew

14

the

15

before;

16

A.

I

17

really

don't

18

attention,

19

Q.

Okay.

20

A.

---

21

the

22

Q.

23

you

24

A.

I

25

Q.

And

the

showed

record

me

made

---

a

you

motion

right

gather

Mrs.

right?

so

hand

going

Leo

you

panic

knew

who

you

knew

she

would

know

girlfriend's

house

the

night

think

so.

paid

any

---

the

because,

she

house you

were;

and from

right?

room

don't

really

think

she

I

---

because

they

So do

with

correct?

I

10

off.

was

then

with

the

end

up

how

I

wasn't

in,

what

in

like

the

happens?

house. What

clothesline? choking long

---?

her. Was

in

she

do


20 1

awake

when

2

she

3

A.

4

time,

5

got

6

Q.

7

you

went

8

get

the

9

was

waking

wake

you

up

at

Yeah, and

the

any

choking

her?

Did

up

the

time?

she

was

waking

that's

why

---

when

at I

had

rope. So

was

she

waking

out

and

got

rope

and

come

up?

10

A.

I

11

Q.

Okay.

12

A.

Before.

13

Q.

And

14

choke

15

A.

Right.

16

Q.

And

17

her?

18

A.

19

And

I

20

was

dead.

21

Q.

22

her

23

A.

Right.

24

Q.

Now,

25

You

If

think

so

it

rope

and

or

back

you was

you

up

then

did

when

you she

remember. before.

come

back

and

you

her?

I

what

it

her

she

like

the I

you

choke

rope.

thought

you

she

chocked

right?

this

when

when

with

---.

looks

death;

know,

happens

choked

thought

So to

were

is

you

really

important.

testified

at

trial,


21 1

it

was

a

different

2

the

3

A.

Yes.

4

Q.

And

5

hit

6

A.

Right.

7

Q.

And

8

kitchen;

9

A.

Right.

10

Q.

That's

11

A.

Right.

12

Q.

And

13

floor.

14

floor

15

A.

16

blood.

17

Q.

Okay.

18

little

bit,

19

Could

20

from?

21

trial

her

in

June

there

with

an

story; in

at

1980?

was

talk

iron;

that

right,

about

June

right?

happened

in

the

right?

what

there

Was with

testimony

would

there ---?

There

the

any Was

was

a

And

be

blood there

little

when

I

mean,

do

you

see

where

she

A.

I

think

22

Q.

When

you

say

23

know,

could

you

turn

24

the

25

circle,

size

of a

a

it

was a

on any

bit

mean

was or

a ---?

bleeding

her

little

circle

of

you

---?

the

---?

say

was

on the

you

from

circle,

large

blood

was?

bit,

Was it

nose.

a

---?

it

you like

small


22 1

A.

No,

2

because

3

when

4

Q.

Okay.

5

A.

It

6

or

7

Q.

So

it

8

amount

of

blood?

9

A.

Right.

10

Q.

And

11

dead;

12

A.

Right.

13

Q.

And

14

point?

15

A.

No.

16

Q.

June,

Leroy,

17

what's

going

on

18

A.

No.

19

Q.

So

20

A.

When

21

thought

that

22

started

panicking.

And

23

what

to

do.

And

so

I

24

door

again.

And

I

25

myself

I

it

the hit

was

nose

a

nice

was

little

bleeding

bit,

from

her.

wasn't

nothing

like

like

pool

of

blood

that.

was

so

no

a

you

relatively

then

think

small

she's

right?

then

what

do

you

at

Anybody

else

in

the

house?

what

that

I

in

do

I

had

the

you

had she

have

any

do

next?

dead

to

I

her,

I

and

I

didn't

looked

was

idea

house?

choked was

this

saying

get

her

out

know the

to out

of


23 1

the

house.

2

Q.

Okay.

So

what

did

you

3

A.

I

outside

and

I

4

trash

5

can

6

yards

7

was

8

Q.

9

a

went

can

and

and

took

away

this

her

open

Right.

11

Q.

Then

12

her

13

think

14

field;

right?

15

A.

Right.

16

Q.

And

17

got

the

18

A.

19

I

20

her.

21

and

22

Q.

23

now?

24

A.

Yes.

25

Q.

So

---?

I

a

the

trash

a

hundred

about

where

live

at.

It

field.

is

it And

what

So a

do

by

like

happens you

dead

Then

go

in

got

some

kind

of

mart?

A.

laid

her

like

field

10

to

put

from

Open mini

I

do?

drag

you

what

you

body

up

then

what

happens

open

field?

when

down

I

and

took

was

getting

back

and

then

she's

what

out

to

the

the

pulled

I

So

when

open

when

trash

it

ready

take

off to

you

can, of leave

---. of

happens

the

now?

trash

can


24 1

A.

And

2

of

3

down

and

4

back

to

5

she

6

Q.

And

7

A.

Then

8

around

and

9

hit

the

then

trash

was

can,

take my

after

I

laid

take the

it

out

and

house

and

then

like

still

then

I

out

trash

can

ready I

to

seen

go that

living.

what

there

her

did

was

picked

you

some

the

do?

rocks

rock

up

and

I

her.

10

Q.

Where

11

hit

12

A.

Yeah.

13

Q.

Where?

14

A.

In

15

Q.

Head?

16

A.

Yeah.

17

Q.

So

18

testimony

19

June.

That's

20

A.

No.

21

Q.

So

the

22

caused

by

what,

23

threw?

24

A.

Yeah.

25

Q.

Or

her

a

did

you

couple

the

at

head

believe

iron true;

hole

in

the

her

Did

you

there

was

times?

I

the not

her?

area.

trial

that

hit

of

hit

hit

her,

by

right?

her

head

was

rocks

that

you

with?


25 1

A.

Yeah.

2

Q.

Now

3

A.

Right.

4

Q.

And

5

I

6

do

7

her?

8

you?

9

A.

No.

10

Q.

Did

11

where

12

die

13

A.

14

note.

15

Q.

But

16

A.

Yeah,

17

Q.

Were

18

addition

19

A.

Yes.

20

Q.

Did

21

hit

22

A.

Yeah,

23

Q.

Huh?

24

A.

It

25

Q.

Regular

guess you

she

is

then

this

is

remember Probably

she

bleeding;

do

you

crazy how

you

hit

looks

remember to

many

didn't

like

ask

to

---?

you,

times

keep

her

right?

but

you

count,

a

she's

hit did

point going

to

again? Well,

her

I

didn't

you

hit

it

was

there

to

her a

really

a

take

lot?

couple

bricks

times.

there

in

rocks?

you

use

the

large

bricks

with? they

was

was

kind

of

big.

kind size

bricks;

of

big.

right?

to


26 1

A.

Right.

2

Q.

So

3

the

4

A.

5

bricks.

6

wasn't

7

was

8

Q.

9

difference

that's

bricks

that

Yeah. It

just

It

in

was

were

a

using,

there?

like

like

square

you

---

round

brick

not rock.

like

It

that,

it

round.

I'm

trying

something

11

like

that's

12

that's

on

13

A.

Yeah,

14

rocks.

15

Q.

Okay.

16

A.

Yeah.

17

Q.

And

18

trial

19

bricks

at

her.

20

bricks

at

her?

21

A.

Yeah,

22

They

probably

23

call

it

24

Q.

25

stop

brick

that

a

or

the

get

the

whether

used was

in

it

it

was

building,

just

a

rock

ground? it

was

there

a

was

people

Did

said

big

rock,

testimony

saw

you

you

that's

what

round

at

the

throwing

ever

throw

I

was

doing.

bricks,

but

I

just

rock.

Okay. there

to

between

10

a

were

was

like

what

for

That's a

fine.

second.

So So

let's

the


27 1

testimony

at

trial

2

different;

3

A.

Yes.

4

Q.

I

5

trial;

correct?

6

A.

Yes.

7

Q.

And

8

that

9

together;

completely

correct?

mean,

your

your

Leroy

and

testimony

testimony you

were

at

in

at

trial

was

this

correct?

10

A.

Yes.

11

Q.

And

12

actually

threw

13

iron

choked

14

A.

Right.

15

Q.

Is

16

A.

No.

17

Q.

As

18

or

19

A.

No.

20

Q.

Was

21

A.

Yes.

22

Q.

And

23

any

24

house?

25

A.

and

was

that

Leroy the

was

fatal

her;

the

one

blow

that

with

the

right?

that

true

or

not?

your

testimony

at

trial

true

not?

idea

of

No.

it

did

false?

Leroy,

what

or

happened

June, in

have

that


28 1

Q.

Did

2

idea

3

lot?

4

A.

No.

5

Q.

And

6

June?

7

A.

8

years.

9

Q.

what

I

Leroy, had

or

happened

how

long

mean,

I

he

your

older?

11

A.

No,

he

was

12

Q.

And

so

let's

13

time

14

hitting

15

ground.

She's

16

she's

the

17

A.

Right.

18

Q.

I

19

to

20

she

21

A.

I

22

Q.

You

23

A.

Yeah.

24

Q.

Okay.

25

say

her

on

kill

can't

it.

the

your

identify

And

was

four,

younger

back

now

five

or

to

the

You're ---

the

trash

on

the

can,

right?

purpose point

what

in

is

really

time,

so

I

was

doing.

panicking?

Probably what

like

you?

know

just

empty

known

rocks

in

that

don't

any

you

or

go

ground;

at

that

rocks.

not

gather

have

older.

the

with

her

had

age

10

---

at

think

Was

that

June,

the

happens

best at

way

that

to


29 1

point,

2

head?

3

A.

Well,

4

Q.

What

5

A.

Well,

6

it

7

And

8

then

9

Q.

10

you

11

up

when

and

then I

you're

at

you

just

threw I

it

didn't

just Did

hold

the

rocks

12

call

them

13

directly

14

A.

No.

15

Q.

So

16

at

17

A.

Right.

18

Q.

And

19

A.

After

that?

20

Q.

After

that,

21

A.

I

22

went

23

Q.

Take

24

A.

Yeah.

25

Q.

Okay.

hit

the

do

hit her

you're

couple no

Picked

of

times.

movement

---?

you

or

it.

and

walking.

ever

it,

her

a see

threw

and

in

stop?

threw

started you

her

---.

makes I

hitting

When

ever

you

her

it

in

the

just

say

actually

whatever with

you

head

want

to

--with

throwing

it?

rocks

head?

so

then

picked

what

happens

after?

yeah.

the

trash

can

up

and

home. the

Do

trash

you

can

home?

remember

people

I


30 1

yelling?

2

A.

3

after.

4

walked

5

everything

was

good.

6

with

the

same

7

guess

8

that

I

9

lady

tried

Not

when

That

was

---.

me

at

when

I

a

was

to

the

after

walked And

the

I

was

had

home, I

time.

in

That

had And

my so

truck

seen

something

when

I

the

he

police

and

told

them

was

with

you

at

the

dog

go

with

you

to

the

the

dog

12

Q.

13

house?

14

A.

Right.

15

Q.

Did

16

lot?

17

A.

Right.

18

Q.

And

19

home?

20

A.

Right.

21

Q.

So

22

you

23

nobody

said

24

point?

You

25

yelling

then?

must

dog

up,

had

dog,

home.

get

11

were

had

throwing

called

So

went time

man

10

a

I

have that

I

too. the

dog

the

did

what at

the

you're lot

anything don't

follow

saying

stoning to

you

remember

you

back

that

when

her, at

that

anybody


31 1

A.

No.

2

Q.

So

3

trash

4

gotten

5

head

6

A.

7

nothing

8

either.

9

Q.

when

can

back,

out

at

you

of

the

nobody

what

10

time;

11

A.

Right.

12

Q.

And

13

back.

Do

14

in

any

sort?

By

15

in

the

trash

can?

16

A.

17

it

18

Q.

19

falling

20

from

21

trash

22

blood;

right?

23

A.

Right.

24

Q.

Again,

25

at

the

you

had

that

In

your

right?

Because

That's

took

situation?

time;

about

you

thinking

the

Right.

left,

I

in

I'm

didn't no

know

truck

saying,

at

that

right?

I up,

so

you

you

clean

don't

the

her

can,

trial

If

know.

the

the is you I

other

small when

there

---.

the

trash trash

there

can can

blood

remember.

didn't

clean

can.

But

nose,

up

that,

trash

Okay. and

bring

The

her

amount

you

wasn't

the

than

story

put a

of her

lot

that

testimony

blood in

the

of

you at

told trial


32 1

was

that

she

was

2

the

side

of

3

phrase

was

at

trial

4

everywhere

in

the

5

you

6

A.

I

7

Q.

But

8

kitchen;

9

A.

No.

10

Q.

And

11

blood

12

wasn't

used;

13

A.

Right.

14

Q.

And

then

15

or

blood

in

16

you

17

at

18

A.

Right.

19

Q.

And

20

when

21

right?

22

A.

Right.

23

Q.

So

24

what

25

A.

her

bleeding head.

a

And

there

lot I

think

was

kitchen;

out

of the

blood

right?

If

remember. don't

there

there

the

thought that

was

no

blood

in

was

certainly

the

iron,

because

no

the

iron

right?

there the

you

would

trash

be

can

strangled

little

because

her

to

death

point?

she

do

remember.

right?

on

no

really

the

was

stoning

out

after

you

do?

Well,

I

of

you

the

go

What went

had

happened

trash

home

and

happens

home,

I

can;

then

next?

took

all


33 1

of

the

stuff.

2

Q.

What

3

A.

I

4

floor.

5

Q.

How?

6

A.

I

7

that

was

on

8

took

all

the

9

the

does

went

home,

cleaned

couch and

the

and

room

it

11

Q.

Okay.

I

12

long

13

A.

Right.

14

Q.

---

15

there;

right?

16

A.

Right.

17

Q.

Took

18

A.

Yeah,

19

minutes.

20

Q.

21

What

22

A.

It

23

Q.

Where

24

ever

25

A.

clean

A did

in

found

the

clean

had

to did

the

Should

it

or

be

a

up

the

the

put

was

so;

mop

been

take

---

not

much

right?

couple

of

okay.

with? mop,

I

go?

mop. have

on

my

didn't

minutes, it

Then

closet.

there

probably

of

in

the

blood

had

blood,

minute

couple

I

that

the

up

floor.

that

gather

because

you

whatever

took

up

a

cleaned

kitchen

I

put

mean?

I

up

stuff

10

to

that

there.

think. Nobody

I


34 1

Q.

Yeah.

2

A.

I

3

Q.

So

4

upstairs;

5

A.

Right.

6

Q.

And

7

A.

Right.

8

Q.

What

9

A.

I

10

in

11

clothes

12

Q.

13

the

14

A.

15

clothes.

16

Q.

And

17

A.

I

18

No.

19

through

20

she

21

come

22

you

23

up

24

that

25

was

the

didn't then

move you

it.

moved

her

stuff

right?

put

it

else

took

your

did

my

closet

in

you

do?

clothes

and

I

put

closet?

off, some

put

them

other

on. Why

did

you

put

your

clothes

in

just

changed

my

closet? I

don't

What

up

I

so

then

what

came

back

downstairs

I

the

had.

know,

I our

had

did

stuff had

was

and

took

steps,

I

the

we

had

and

I

under

all

of

the

stuff

and

all

the

still

in

my

and

closet.

you

do?

---.

looked money

that.

open

chest,

took

did

As a

put

you

chest the

that

Avon

that

that

money was

in

products


35 1

Q.

So

you

2

chest;

right?

3

A.

Right.

4

Q.

And

5

A.

As

6

steps.

7

Q.

The

8

floor;

right?

9

A.

Right.

put

where soon

was

as

steps

steps,

we

the

had

this

chest

12

like

13

was

14

Q.

15

ever

16

A.

Yeah.

17

Q.

They

18

A.

(Indicating

19

Q.

They

20

A.

Yeah.

21

Q.

Did

22

A.

Yeah.

23

found

24

that

money

25

they

didn't

found

money

like

it. on

the Do

that

did;

the

again?

the

you

towels

By

this

the

as

had

Okay.

to

soon

there

sitting

up

As

11

in

go

in

chest

come

that

the

that

that

you

10

that

money

second

come

up

right

and

stuff

bathroom,

it

floor.

you

remember

if

they

money?

right? yes).

did?

they

take

the

Maurice, and

then

belonged take

it.

money?

they

Maurice to

my

said

they

said

that

family.

And


36 1

OFF

RECORD

2

A.

They

3

BY

ATTORNEY

4

Q.

5

So

6

A.

Right.

7

Q.

It

8

the

9

A.

No.

10

Q.

The

11

right?

12

A.

When

13

Q.

But

14

family

money

15

A.

He

16

Q.

And

so?

17

A.

And

they

18

Q.

They

19

the

20

always

21

for

22

no

23

scene.

24

to

25

next?

when

DISCUSSION did

not

take

it.

MALLOY:

Okay.

That

they

found

wasn't

solves the

the

that

money

police

puzzle.

---?

who

found

money?

money

the

police

not

said

blood It

money.

house. it

was

money.

it.

out

what

I

where was

I'm

only

looking

money.

And

there's

really

now

money;

money?

take

find

That's

and

the

family

didn't

for.

the

them

Avon

was

couldn't

looking

And

told

the

it

was.

find

searched

Maurice

blood.

the

they

did

wasn't

a

bloody

I

know

what

happened

So

then

what

happened


37 1

A.

I

2

and

3

like

4

anybody

5

lot.

6

down

7

was

8

going

put

then

I

the

hear

that.

So

seen

So

I

going

cop I

me

or on

in

didn't

to

by

I

think

myself,

---

and

see

stuff that

her

to

the

let

me

see

what

what

walk

was

on.

9

So

I

started

Then

there.

11

street

12

standing

13

street

14

time,

15

so

16

somebody

there

17

whoever,

they

18

gave

that

statement

19

then

they

was

just

standing

20

looking.

And

just

so

21

my

then on

way

the

---. a

lot.

other

side

was

said

and

seen

And

so

23

dog

moved.

So

24

you

come

here,

25

But

they

was

a

they

time

we

like

I

about

to

And

when

he and

there

and

look

me talk

40,

at

police

moved,

called

need

the

rock

happen

every

was

the

me.

So

the

dog.

a

seen

dog. to

I

at

the

the

they

of

with

throwing had

So

And

still that

down

There's

everybody.

dog

whoever

got

there's

with my

I

walking

10

22

chest,

and

took

there

and

the

sirens

when

said

there

money

50

over

the

like, to

you.

feet


38 1

away.

And

2

running.

3

Q.

4

came

5

know,

6

were

7

A.

8

none

9

incident.

Was

then

that's

when

June

there,

then,

back? to

When

the

now,

of

---

was

No.

that,

Well,

Q.

11

the

12

A.

Right.

13

Q.

And

14

chasing

15

A.

Chasing

16

Q.

Do

17

don't

18

remember

19

A.

No,

20

Q.

So

21

chasing

22

A.

Right.

23

Q.

That's

24

along

25

the

you

when

back the

you

up,

you

police

never the

came you;

a

out

there,

whole

time

when

right?

remember

people

police?

you

the

---. I

police?

remember

remember,

house;

started

there?

there

do

you Do

that?

If

you

don't

you

remember?

don't

remember

that.

just

remember

the

you

you

where

wasn't

chased

the

went

through

10

the

to

June

He

police

you

I

and

line

nobody

else?

okay.

So

the

police

right?

police

then

somewhere

come

into


39 1

A.

Well,

they

2

went

the

house.

3

Q.

Yeah.

4

A.

Right.

5

Q.

You

6

A.

Right.

7

Q.

And

8

you

9

A.

Right.

10

Q.

And

11

somebody

12

relative,

13

friend.

14

A.

I

15

Q.

She

16

if

17

A.

I

18

Q.

Somewhere

19

police

come

20

A.

Right.

21

Q.

And

22

that

23

you

24

can?

25

A.

in

to

you

me

and

then

yourself

then up

they're the

into

the

your

mom,

your

think

it

came

house?

outside

asking

right?

the

line

house,

into was

in

the

along

comes

comes

in

door;

somewhere

Who

family,

sister, the

my

a

house?

mother.

before

the

police,

remember?

you just

can't

really

in;

that

along

the

original

to

found

remember. line

the

right?

your

gave

Say

I

Right.

lock

open

chase

the

the

statement

police

lady

again?

in

was the

that trash


40 1

Q.

The

2

to

3

a

4

she

5

A.

I

6

Q.

If

7

take

8

A.

Yeah.

9

Q.

---

police trash

original was

can

got

you

and

statement

just

you

found

didn't

you a

gave

lady

know

in

how

there?

my

don't you

don't,

word,

don't.

police

what

happened

11

they

came

12

A.

No.

13

Q.

The

14

you

15

station?

16

A.

Yes.

17

Q.

And

18

A.

Right.

19

Q.

When

20

you

21

there?

22

A.

23

Harris,

24

one

was.

25

OFF

RECORD

into

your

police

day

or

you

eventually

take

were

you

go

you

16

to

police

know

one

I

Do

when

or

the

to

arrest the

17;

do

were

Commodore

know

DISCUSSION

right?

station,

officers

was

don't

you

house?

what

but

Don't

---

word.

the

I

you

your

tell

know

that.

take

10

that

remember

who

the

other


41 1

A.

Commodore

2

him.

3

BY

4

Q.

5

Harris?

6

A.

7

uncle

8

him,

9

Q.

Was

10

family

or

11

A.

I

12

good

13

Q.

All

14

A.

Yeah.

15

Q.

Was

16

like

your

parents

17

they

know

and

18

friends

of

there's?

19

---

he

just

20

knew

21

considered

22

A.

I

23

seemed

like

24

a

25

Q.

ATTORNEY How

did

my

and,

you

or

he

know

was

family,

you

know,

he

I

knew

a

Commodore

friends and

met

good

I

of

had

him

before.

friend

of

your

an

acquaintance?

mean,

it

seemed

to

was

a

a

I'm

just

friend

they

was

asking.

like,

have,

friends

it

like

me.

right.

he

my

seen

just

friends

was

But

MALLOY:

Because and

Harris.

you

friends

that You

somebody somebody

are

that really

know, that

know,

was

it

they

they

friend?

think to

they me

---.

they

To

me

it

considered

him

friend. Okay.

So

what

happens

when

you


42 1

go

down

to

2

you?

3

A.

4

I

5

Q.

Okay.

6

A.

Maurice,

7

Q.

First

8

are

9

A.

Right.

10

Q.

And

11

happened?

12

A.

No.

13

Q.

Okay.

14

Maurice

15

A.

Yes.

16

Q.

Who's

17

A.

He

18

the

19

Q.

That

20

A.

Yes.

21

Q.

And

22

happened?

23

A.

No.

24

Q.

Do

25

or

Who

the are

station? the

Commodore can't

police Harris,

remember

the

his

my

you

to

officers? another

cop,

name.

that

speak

to

you

right?

tell

And

speak

speaks

mother.

people

police;

Who

to

them

then

what

your

mother

and

you?

Maurice?

was

my

mother's

boyfriend

at

time.

Leroy

would

do

you was

you

know down

be

Maurice

tell

him

whether at

the

Green?

what

or

not

police

June


43 1

station

that

2

taken

3

A.

No.

4

Q.

When

5

did

6

happen

to

7

A.

No.

8

Q.

They

9

happened?

day

you

were

first

in?

they

the

tell

police

you

you,

were

A.

Right.

11

Q.

Okay.

12

they

13

anybody

14

to

15

remember.

16

A.

I

17

Q.

And

18

A.

Commodore

19

Q.

And

20

he

21

A.

No.

22

Q.

And

23

to

24

about

25

penalty,

---?

get

was

tell

charged

who

to

when

have you

he

with

or going

If

you

later

on.

that?

it

a

lawyer

about

said

you

murder,

about

whether

were

like

you

what

Harris.

you

talking

anything

was

time?

did

police

you

to

you

murder?

told

did

when

you,

that

asking

that

it

to

going

at

the

with

think

charged

so

did

you

was

day

just

And

When

spoke

what

that

10

be

when

a be

when

that?

were did

he

going talk

potential life

in

prison


44 1

or

the

death

2

remember.

3

A.

4

remember.

5

Q.

6

they

7

A.

Yes.

8

Q.

We'll

9

bit.

Not

penalty?

at

that

Okay. did

So that

talk

you

you

11

with

murder,

12

what

happened?

13

A.

No.

14

Q.

Did

15

are

16

headquarters,

17

A.

Right.

18

Q.

---

19

right?

20

A.

Right.

21

Q.

So

22

again,

they

23

the

24

a

25

A.

other

lawyer? No.

came

about

the

were did

there in

about

going you

right,

when

when

this

a

police

I

can

time

where

death

penalty?

it

a

in

little

Harris

told

to

charged

get tell

time

Police

him

---?

You

Department

---

all

they're

being

a

then

come

Chester

you

that

Commodore

10

still

time

There

talk

when

If

took

talking

Commodore officers,

place;

to

Harris do

you

you, and have


45 1

Q.

Do

2

and

3

facility?

4

A.

5

arrested

me.

6

juvenile

detention

7

Q.

8

detention

9

A.

Yes.

10

Q.

So

11

Police

Station

12

center;

13

A.

Right.

14

Q.

On

15

remember.

16

A.

Yes.

17

Q.

Did

18

the

19

A.

That

20

Q.

Yeah,

21

A.

No.

22

Q.

Did

23

talk

24

center?

25

A.

take

they you

to

Well,

So

I

a

jail

don't I

you

know

they

or

arrest a

juvenile

remember I

went

you

if

to

they

the

center.

went

center

out

in

to

Lima;

the

right?

took

you

to

juvenile

a

juvenile

from

Chester detention

right?

the

same

day;

right?

anybody

come

visit

juvenile

to

eventually

detention

If

you

you

at

center?

day? that

day.

somebody

you

Yeah.

at

the

eventually juvenile

come

to

detention


46 1

Q.

Who

came

2

A.

My

3

Q.

Your

4

A.

My

5

Q.

Anybody

else?

6

A.

I

really

7

know

8

there.

9

Q.

My

family

you?

family.

being

who?

was

there.

did

story

she of

remember, She

---?

10

her

11

A.

No.

12

Q.

Did

13

like

the

14

that

nature?

15

A.

Yes.

16

Q.

What

17

remember?

18

A.

She

told

19

Harris

and

everybody

20

if

21

happened,

they're

going

22

trying

to

give

the

23

Q.

When

24

first

25

statement

I

to

mother.

And the

talk

family.

can't

she

to

what

was

always

Did

you

mention

anything

death

penalty

or

don't

time

did

let

did you

about

you

she

me

me

gave this

about of

remember.

that

you

tell

anything

mention,

them

I

happened?

she

If

but

was know

you

Commodore saying

that

what to

end

death

---?

if

penalty.

When

anybody crime?

up

any

was

the


47 1

A.

I

2

Q.

Okay.

3

A.

I

4

I

5

Q.

6

you

say,

7

you

first

8

what

9

A.

can't

can't

know

really

what

remember Forget I

I

remember,

said

to

---

them,

but

---.

about

that

said

it

to

speak

to

about

then.

them,

When

who

this,

did about

happened? It

was

my

10

detective.

11

Q.

12

the

story

13

you

remember?

14

A.

15

Center.

16

Q.

17

was

18

What

19

involved

20

wasn't

involved?

21

A.

Because

22

Q.

What

23

A.

---

24

was

going

25

And

then

Okay.

I

When

that

you

some

first

tell

was

I

was

at

made

you

tell

them

Leroy

now

know

---?

involved, made

did

and

Leroy

think

What

mother

you when

when

we

tell

them

we

now

if

Detention

Leroy that

was Leroy

---

they

they

Lima

know

happened?

to

involved,

get

was

ahead.

telling

the

said

Go

death

that

me

that

I

penalty.

Leroy

had

got


48 1

locked

up

2

taking

stuff

3

when

they

4

said

that,

5

a

6

saying

7

telling

8

have

did

all

9

that

and

third.

part

for

going out

told

in

it,

---. me

prior

locked

up

11

got

locked

up,

12

to

13

penalty.

14

Q.

15

name

16

story,

if

17

A.

Said

18

Q.

Yeah.

19

A.

Yeah,

20

Q.

Who?

21

A.

The

22

they

23

got

24

Q.

Okay.

25

A.

And

Did to

were locked

---

I

he

by

you

so

I

knew

just

away

kept

couldn't

yourself,

And

just

played

kept

before

you

---

detectives

anybody

you

and

and So

they

and

stay

house.

he

that

I

house

Because

this

got

to

that

know,

The

the

the

too.

10

---

of

me

you

in

when

this

he

that

had

he

had

incorporated

from

the

death

mention

Leroy's

you

him

put

him

in

the

remember?

his

name?

yeah.

cops,

my

telling

me

family,

because

because

he

had

up.

they

was

asking

me

what

he


49 1

had

to

do

with

2

kept

asking

3

gave

my

4

reason

5

situation.

6

Q.

Okay.

7

locked

up.

8

that

9

A.

me

And

that,

statement. why

they

I

The

10

involved,

11

that

the

but

12

myself.

13

Q.

14

statement,

15

about

16

A.

Right.

17

Q.

And

18

murder

as

19

A.

No,

20

aggravated

21

that,

22

because

23

still

24

Q.

25

along

Okay.

have

So

the

an I

was

because

---

living

at

Right. line

you

when

was

by

gave that

me

a you

gave

right?

charged

with

with

I

think

stuff

like

I

charged,

pass

the

was away.

She

time.

Okay. June

got

right?

and

didn't

he

this

charged

assault

the

you

telling

were

adult;

he

tell

involved;

you

the

involved?

statement

then

I

with

said

did

then

being

him

that

kept

they

when

that's

was

say

once

then

police

he

they

couldn't

the

And

didn't

she

and

police

thought

Leroy

then

incorporated

Did

They

I

it.

So or

somewhere

Leroy

got

was


50 1

charged;

right?

2

A.

Right.

3

Q.

And

4

line

5

June's

6

right?

7

A.

8

the

9

Q.

you

then

were

somewhere

called

preliminary Do I

you

preliminary

10

guess

that's

11

there

a

12

at

13

A.

I

14

Q.

Okay.

15

A.

But

16

that

I

17

down

at

18

in

19

Q.

Okay.

20

A.

I

21

statement

22

my

23

Q.

24

hearing

25

were

the

I

Yeah.

reason

I'm

Chester;

that? testified

Right.

other

at

why

you

But

question didn't

preliminary

can't

in

at

hearing.

the

first

hearing

think

the

testify

remember

don't

Right.

to

along

I

is,

is

testify

hearing?

remember.

a

hundred

never

testified

the

preliminary

percent

against hearing

sure

him down

Chester.

think and

I

had

then

I

made guess

the they

used

statement. Well, was

unable

the

first

dismissed, to

go

preliminary because

forward

they

without

you.


51 1

And

at

least

my

2

you

had

3

going

4

A.

Right.

5

Q.

So

6

told

7

testify

8

A.

Right.

9

Q.

And

understanding

indicated

to

testify.

them

there you

were

against

the

that

A.

12

told

them

13

even

before

14

statement

15

I'm

16

knew

17

uncles

18

testifying

19

relationship

20

Commodore.

And

21

Q.

uncle

22

him

23

A.

My

24

Q.

Okay.

25

A.

And

I

going

to

after

made

wasn't really

you

had

right?

when

why to

I

had

testify

the

And

then

I

do

that

because

to

true.

And

played

because that

a

of

then

big

had

uncle is

was

like, I

my

part

in

me

that

they

my

you

right?

reason

I

that?

not

going

going

recall

that

wasn't

---.

What for

The

that

not

point

statement;

Right.

were

a

was

11

you you

June;

given

it

Do

came

10

not

that

was

he,

with

---. can

you

name

me? Uncle

he

Charles.

had

a

good

relationship


52 1

with

him.

And

2

put

3

mom.

4

Q.

In

5

A.

Was

6

that

7

penalty

8

out

of

jail

9

stuff.

And

pressure

I'm

he

on

what

basically,

my

going I

and

that

to

get

ain't

and so

the

that

that's

how

coming

on

12

your

13

A.

No,

basically

from

14

Q.

But

from

uncle

15

mother?

16

A.

Yeah,

17

Q.

Commodore

18

uncle,

to

19

A.

Right.

20

Q.

At

21

gave

22

A.

Right.

23

Q.

And

24

didn't

want

25

A.

Right.

your

get

of

---.

11

from

that

know,

never

type

When

the

say

you

to

Q.

Uncle

my

death

going

all

you

---

10

you

on

know,

way?

saying

and

family

you

pressure uncle,

was

from

---?

your

my

mother.

to

your

right.

your

that

Harris,

to

your

mother?

point

you

had

already

statement?

now to

you're

saying

testify?

you


53 1

Q.

Now

2

testify?

3

A.

Right.

4

Q.

And

5

type

6

words,

7

prosecutor

8

samples,

9

A.

Yeah,

10

Q.

You

11

A.

DNA,

12

Q.

Do

13

DNA

14

A.

Huh?

15

Q.

Do

16

those

17

A.

No.

18

Q.

Do

19

testing?

20

A.

21

of

the

did

blood did

pressure

was

you

submit

testing?

any

law

ever

if

ever

I

did

you

on

to

to

any

other

enforcement

ask

you

In

back

for

or

blood

remember? did do

the

DNA

thing.

that?

yes.

you

know

the

results

of

know

the

results

of

that

test?

you

DNA

tests?

you

know

I

think

they

know

for

sure,

but

22

real

sure

23

Q.

24

they

25

they

I

that know.

they

what

they

was

---.

I'm

were

I

pretty

don't

much

was.

Do

you

were

testing?

Do

were

testing?

know you

what know

items what


54 1

A.

I

know

they

took

2

took

3

Q.

What

I'm

4

that's

what

they

tested

5

tested

your

hair

and

6

blood?

7

A.

Right.

8

Q.

But

9

matched

hair

and

they

blood.

do

it

saying

you

is,

know

I

know.

11

A.

Oh,

12

Q.

Okay.

13

you

14

gave

one

15

give

more

16

If

17

A.

I

18

Q.

And

19

conversation

20

time

up

21

with

any

22

they

would

23

penalty

24

A.

I

25

Q.

And

from

you,

they

your

what

or

it

know

tested

against

10

I

they

tried

to

match

against?

give?

you

don't How

In

many

other

written than

statements

words,

we

statement.

one

written

did

know Did

you

you

statement?

remember. can't

to

did at

and

remember. you

ever

any

time

including

prosecutor

if

have

about

not

pursue

you

testified?

can't you

the

a

---

at

during ---

any trial,

that

death

remember. had

a

lawyer

then;


55 1

right?

2

A.

Right.

3

Q.

And

4

A.

I

5

(phonetic).

6

Q.

7

Would

8

speaking

9

that

who

was

think

Okay. you

it

to

Mr.

lawyer?

Dignazio

you're

any

not

problems

Dignazio

represented

10

period?

11

A.

No.

12

Q.

Okay.

13

authorizations

14

do

15

A.

Okay.

16

Q.

So

17

there

18

is

known

19

my

understanding

20

submitted

21

had

22

A.

Right.

23

Q.

It's

24

didn't

really

25

what

that,

was

And

have

that

you

So

I

for

you

---?

with

or

any

during

will

a

me lawyer

this

time

have to

sign.

Let's

okay?

after

comes as

a

really

time

PCRA

an

nothing

June

is

when

my

he

that

do

with

you

And

saying it;

any

happened,

it's

that

he

correct?

that

details you

what

then

understanding give

guilty,

files

petition.

affidavit to

found

just

you

about said

he


56 1

didn't

have

2

right?

3

A.

Right.

4

Q.

You

5

story

6

it

7

A.

Right.

8

Q.

And

9

were

that

really

anything

never you

told

told

do

with

it;

anybody

the

today

about

us

how

happened?

so

brought to

at

the

down,

10

County

11

nothing

testify

12

A.

Right.

13

Q.

Had

14

lawyer

about

15

going

16

the

17

A.

No.

18

Q.

Did

19

hearing?

20

A.

No.

21

Q.

There

22

actually

took

23

hearing;

right?

24

A.

Right.

25

Q.

And

to

to

to

do

that

that,

at

the

you

came the

there

to

to

---?

a

had

what

you

you

were

remember

hearing?

lawyer

time

stand

came

Delaware

Leroy's

Do

PCRA

a

you

right?

about

have

hearing

Leroy

it;

spoken

testify

lawyer

down

with

you

PCRA

a

at

where at

that

you

that

time

for

PCRA


57 1

whatever

2

stand;

am

3

A.

Right.

4

Q.

In

5

testimony;

6

A.

Right.

7

Q.

And

8

off

9

A.

the

reason I

you

off

the

right?

the

middle

of

your

right?

what

happened

stand? Well,

was

came

What

the

saying

them

that

11

Q.

12

Attorney,

13

the

14

A.

No,

I

15

Q.

The

lockups

16

A.

Right.

17

Q.

Do

18

bullpen

19

A.

20

upstairs

21

Q.

22

downstairs

23

A.

Right.

24

Q.

So

25

A.

Right.

you

say

where

you

District

10

When

do

when

you

came

remember?

Attorney

and

---. the

were

District

you?

Were

you

in

courtroom? was

you

that It

in

know

the or

bullpen.

bullpen;

what

lockup

right?

or

was?

was

in

the

courthouse,

the

one.

You're one

you

familiar

with

the

and

an

upstairs

were

in

the

one?

upstairs

---


58 1

Q.

---

lockup

2

A.

Yeah.

3

from

4

Q.

5

a

6

that

7

A.

8

15

9

told

or

They

bullpen?

kept

me

separated

Leroy. So

break

what

and

you

upstairs After

minutes, me

happened were

or I

was

I

10

recharged

11

third.

12

Q.

13

penalty?

14

A.

Right.

15

Q.

When

16

A.

It

17

the

18

Q.

Anybody

19

A.

No.

20

Q.

Do

21

male

22

A.

23

much

24

Q.

Do

25

A.

(Indicating

They

you

was

or

a

real

in

say

you

about

they,

get

and

the

about

and

could

the

death

who's

they?

Attorney

---

else?

remember

if

District

it

it

was

---.

sure

it

was

male.

remember no).

was

a

Attorney?

think

you

like

that

District

to

lockup?

there I

took

Attorney.

female I

you

back

there

and

you

floor

know

this

told

District

in

came

do

and

taken

second

they

that,

when

the

I'm

pretty

name?

No,

because

I


59 1

never

---.

I

2

don't

---.

3

Q.

4

tell

5

A.

Right.

6

Q.

---

that

you

7

A.

The

only

time

8

him,

9

is

10

Q.

11

The

12

table,

13

hearing?

14

A.

15

sitting

16

Attorney

when

17

there,

I

never

18

Q.

So

19

lawyer

before

20

hearing

21

A.

No.

22

Q.

So

23

spoken

with

24

before

you

25

A.

No.

Other you

than

then,

met

when

never

went

Okay. first

Let

you're

me

The

they

was

met

back

had

to

met

at

the

up

a

people

table

for

about

PCRA

at

at

PCRA

was

in before.

with

you

any

into

the

hearing?

trial,

District

testified

me

spoken

the

District

them

walked

the

the

the

to

second. at

that

brought

hadn't they

people about

talked

the

I

back

table

for

how

that

talking

the

---

came

I

court.

you

Right.

you

he

him.

---.

that

to

time

at

when

to

---

anybody I

talked

had

Attorney trial?

you


60 1

Q.

Just

2

A.

Yeah.

3

Q.

I

4

okay?

Little

5

Way

6

when

you

7

Mrs.

Leo,

8

her

9

or

10

A.

She

11

Q.

Do

12

right-handed

13

A.

Right.

14

Q.

So

15

the

16

A.

17

that.

18

Q.

19

a

20

on

21

A.

I

22

Q.

Do

23

wrist

24

You

indicated

25

you

remember

have

back

at

a

more

the

was

left I

her,

you?

you

of

minute.

me Did

this,

lady,

you?

Was

forward

remember.

me. ---?

Are

you

her

on

left-handed?

would

can't

at

faced

you

toward

or

side

Give

If

all

Avon

looking she

questions.

of

the

remember

you

questions,

specific

Was

was

of

beginning

she

---? to

officers?

couple

punched

face back

police

have

the

head?

really

a

remember

second

she

hit

here.

have

a

all

I

need

wristwatch

her? can't you

(sic)

remember. remember

or

anything you

took

taking

any

taking from her

her her

purse.

jewelry?

body? Do


61 1

A.

No.

2

Q.

Okay.

3

book

4

number

5

there

6

know

7

A.

8

Because

9

I

---.

There

Now,

again. was

who

a

going In

name

Eddie

didn't

I

use

for

my

real

that

11

Q.

12

happened,

had

13

happened,

before

14

had

she

15

for

you?

16

down?

17

she

18

A.

I

19

Q.

Let

20

look

21

anybody

22

story?

23

A.

24

told

25

away,

to

that book,

Jones.

Do

you

was

me.

is? probably

called,

10

I

had

name.

used I

---.

remember

sure.

Okay.

---

Before she

was

Was

Were

still

you

Not

got

it

knocked

taking

buying

an

all out,

order

anything

anything you

take

than

this

the

he

Before

writing

just

me,

story,

whole

mother,

that

she

all

or

was

stuff?

remember.

Other

else

she

showing

can't me

this

---?

she

just

---.

my

It

receipt

receipt

Eddie

Jones

a

back

her

Probably. when

was

quick have the

story.

because

ain't

a

---

she that

you

told

true

But

I

passed Leroy

had


62 1

nothing

to

do

2

specific,

3

Q.

When

4

A.

October

5

Q.

So

6

June

---

7

with

this,

the

8

this

story

to

9

A.

Right.

10

Q.

So

11

what

12

makes

13

A.

14

the

---?

Well,

15

you

know,

like

16

the

true

17

seemed

that

it

just

18

Q.

What

do

you

19

A.

As

20

and

21

trying

22

time

of

23

like

people

24

pushing

25

same

I

with

just did

an

makes you

of

than

was

it

to

the

me

corner

now?

making

at

didn't

that

I

by

me

at

help

so

What

tell

trying

to,

but

time, work

---

it out.

that?

tried

---. but

to

do

told

story, one

mean

started back

been the

him,

to

is,

truth

like

that

correct?

when

trying

you

story?

but

was

nothing

question

I've

as

her

the

tell

help

me

me;

what's

far

away?

person

tell

story,

that.

telling had

only

tell

her

'92.

Leroy

you

Nothing

pass

obvious

Well,

then

told she

other that

it.

I

to

help,

was

the

same

him,

it's

attacking

me

and

in

the

corner,

the

I

was

in

the

from


63 1

beginning.

2

Q.

This

3

A.

Right.

4

Q.

So

5

began

6

basically

7

and

8

penalty?

9

A.

Right.

It

10

saying

on

ends

11

saying,

12

never

13

to

14

running

15

tell

16

myself,

17

And

18

way,

19

nothing

20

just

21

everything.

22

well,

23

tell

24

Q.

25

hearing,

to

is

when

bring

both

like

then

I

to

---.

you

was

I

I'm

want

do

with

It

was

he

never

know,

on

to

saying

to

to

But

just

a

is be

both

done. that

have

everybody

lot

had

tried

tried

didn't

it.

I

was

everybody

done

it

ends

It

when

I

nobody

both

then

what's

know

I

on

when

again

death

never

was

And

up

truth.

and

me

don't

because

the

It

truth. like

---

or

they

the

the

---

back

wasn't

truth on

all

hearing?

to

then

with

tell

down

the

you

that.

the

PCRA

tried

and

you

just

the

you

testify

recharge

tell

at

of

people ends,

say

just

truth.

Okay. you

So

back

at

told

us

that

the you

PCRA never


64 1

really

spoke

to

the

District

2

until

basically

you

met

3

right?

4

A.

Right.

5

Q.

You

6

lawyer

on

behalf

7

any

time;

right?

8

A.

Right.

9

Q.

They the

so

never of

never

10

what

11

A.

Right.

12

Q.

And

13

take

14

A.

Yes.

15

Q.

And

16

long,

17

A.

Yes.

18

Q.

And

19

new

20

says

21

second.

22

without

23

A.

Right.

24

Q.

So

25

doing

a

you

truth

came

you

30-some

U.S.

life

lie

you're

Court let

asked

in

at

you

to test?

jail

that case

me

how

there's

to

juvenile;

sitting

here

parole;

a

that

back

sentenced

without

Leroy

years?

aware

a

any

detector

36

as

to

willing

years,

got

parole

be

been

Wait, You

and

have

Supreme

---?

a

you're

or

court;

right?

you

polygraph,

in

spoke

June

was;

would

him

Attorney

up

for

a

life correct?

now

right?


65 1

A.

Right.

2

Q.

And

3

Supreme

4

case

that

5

that

is

6

unconstitutional?

7

A.

Yes.

8

Q.

And

9

you

are

Court

you has

says

life

could

aware come

that,

be

eligible

someone

files

11

to

12

received

13

you

14

A.

Yes.

15

Q.

Are

16

story

17

hope

that

you're

18

of

life

sentence?

19

A.

20

even

before

21

and,

you

22

tell,

23

that

24

Q.

25

anything

declare

a

of

No.

you what

the

that

paroled

your

sentence

if

behalf

that

you

Are

that?

in

any

because

the

know,

been

trying

Has

to,

this

or

get

you

out

reaching

wasn't

now

out

came

down,

you

know,

that,

you

for

know,

true.

anybody

like

saying

think to

people

said

about

you

sentence

know,

Okay.

way

going

I've

I

a

is

case, be

on

U.S.

sentence,

unconstitutional.

you

today

to

motion

that

was

aware

a

the

the

with

parole,

being

10

down

that

without

that

that

promised

helping

you

to

you get


66 1

out

early

or

2

your

3

story

4

Anybody

5

promises

6

A.

7

that

8

Q.

Yeah.

9

A.

No.

life

helping

sentence

would

in

make to

by

would

the

help

truth,

11

me.

12

Q.

13

tried

14

you

15

cops

or

16

ever

try

17

you

18

though

you

didn't

19

story,

did

you

20

said

21

A.

No.

22

Q.

Other

23

Do

24

A.

25

the

when tell

tried

in

you

to

to

you

tell

ruling

of

this

you?

kind

of

saying

this

in

some

the

that

my

than

your

mother,

questions said

that's

you or

had

true

what

you

true?

than

had

or

even

Other

any

you

know

Did

them

them

not

past

we

that

to

hurt

members

members

tell

tried

the

case.

tell

I

prosecutors

family

was

now

will

people,

the

tell

court

You

giving

when

say

other

family

have

rid

me?

said

whatever

told

I'm

Everybody,

tell

to

get

help

those

what

10

So

that

way

of

to

you?

That it

or

any

any

you

mother.

for

something

saying

that

okay. me? about there's


67 1

a

possibility

2

resentenced

3

Act.

4

Q.

Yes.

5

A.

Well,

6

you

7

process

8

Q.

Okay.

9

A.

But

know,

that

under

I

for

of

have

11

truth,

12

with

13

and

14

know,

I

15

a

of

16

as

on,

you

know,

17

Do

you

see

what

18

taking,

19

him.

it, be

lot

to

because I

20

know

And

21

basically

22

regardless

23

or

24

here

25

one

not. or time

to

there I

you

I'm

where

that

at

with

you

caused as

And from

like

not

I

either,

you

know,

really,

that. you

I'm

myself

or

with

far

lady.

life

now,

at

know,

pain

saying?

I'm

I

the

I'm

you

know,

Leroy's

don't

But,

know,

whether

it's

the

telling

home,

killing

peace

of

me

ones.

you

know,

at

So

go

that,

where

in

really

now,

loved

people,

you

motions,

I'm

with

right

my

Life

resentenced.

do

want

with

and

a

situation

10

get

Juvenile

filed

that

that

could

the

had

being

nothing

I

go

Because

know,

home

at

wasn't

at


68 1

peace

with

2

know,

I'm

really

at

3

right

now

and

really

4

matter.

5

myself.

You

6

home,

but

7

know,

8

mean,

9

basically

it

know,

But

I

peace

that

don't

I

know

that

---

I

took

somebody's

10

So,

you

know,

11

let

people,

12

and

things

13

over

14

telling

15

up

16

jailhouse

17

So

the

you of

that

I

18

you

know,

19

what

20

received

21

---

22

know,

23

mad

24

ain't

25

had

I'm

mean,

Tone

I

a

with

over

towards

the that.

going

people

You

to ---.

I

scare

me

And

then

had

set

set

me my

me

up.

incidents,

---.

Do

you

know,

my

sister

letter me.

felt

real

I

And

I'm

like,

Somebody

saying you

and

him,

see

And,

years

help

---.

basically

that's

of

threatening

know,

about

lot

you

lives.

Leroy

---

go

I

I

Tone

people

saying? a

or

Tone,

name, had

---.

like

yeah,

to

know

nature.

June

myself

happen,

because

you

even

love

you

know,

people,

with

person's

like

years,

---.

you

two

like,

don't

would

if

took

now

well,

because took

it

I

he upon


69 1

themselves

2

threatening

letters

3

nature.

was

4

was

5

from

really

6

know

I

was

7

what

I

mean?

It

going

8

to

on

send

can

him

feeling

the

10

can

understand

11

Leo's

12

Do

13

know,

14

that

happened

15

kept

me,

16

truth,

because

17

Q.

Well,

18

is

19

are

20

have

21

law

regarding

22

And

I

23

appoint

24

expect

25

somewhere

family see

that

you

aware

I'm just

that

of

one

expect an

---.

along

on

selfish

that

the

to

that the

Anthony

you

be

had

--the

will

you.

And

line

or

I

that

that

or you

new

parole.

court

expect

you

reasons.

thing,

will

the

I

feel.

telling

without

attorney

that

going

I

Ms.

things

of

regarding

life

know,

And

they

lot

more

that

you

a

my

motions

know

So,

from

you

I

saying?

indicated or

You

know,

way

was

know,

of

filed

the

me

that

feels.

you

that

that

stopped

do.

he

of

things

understand,

feel

you

to

how,

it's

of

everything

way

what

things

really

doing

9

but

lot

that

I

sister

and

supposed

But

you

a

my

some


70 1

prosecutor

2

or

3

speak

4

have

5

or

someone, to

some

you

you

District

know,

about

this

worked

with.

A.

What

case?

6

Q.

Leroy's

7

A.

Right.

8

Q.

Since

9

you

will

10

you

for

11

A.

Right.

12

Q.

But

13

if

anyone,

14

beginning

15

interview,

16

with

17

you

18

wish

19

speak

20

prosecutor,

21

the

attorney

who's

22

for

the

without

23

or

24

want

25

not

the

to

to

have

ask an to

the

it

is

case

we

or

comes

them.

attorney especially

court

you

to

attorney,

the

decide If

before if

parole

you

that

speak

ask

if

you you

it's

representing

Or

issue.

just

to

should

directly

to

this

to

then

think

that,

me,

speak an

I

you

you

an

that

parole

to

attorney. have

to

appointed

up

them,

life

tell

anyone

it's

---.

without

this

if

case

attorney

whether

want

to

an

would

of

you,

have

life

I

want

case.

you

have

will

Attorney

a

either you

petition

that could that's

you choose up

to


71 1

you.

But

2

you

3

attorney.

I

4

without

attorney,

5

little

bit

6

than

prosecutor

7

You

would

a

do

want

have

an

have

8 9

I

more

would

like

11

appoint

12

you

13

A.

right

---

to

you

a

a

also

one

looking

for

understand

you

speak

have

right

lawyer

to

you. them.

absolute

of

cost.

Do

free

them,

Right. MALLOY:

All

right.

We're

concluded. A.

I

that?

Okay.

Thank

you.

*

*

25

at

will

19

24

different

court

ATTORNEY

23

a

the

18

22

be

and

Okay.

21

you

to

15

20

may

an

say

ATTORNEY

17

an

to

that

to

14

16

it

little

to

you

have

speak but

is

right

constitutional

10

remind

wouldn't

the

But

a

to

* DEPOSITION *

*

*

MALLOY:

*

CONCLUDED *

*

*

*

*

* AT *

* 10:51 *

A.M.


72 1 COMMONWEALTH OF PENNSYLVANIA) 2 COUNTY OF VENANGO 3 4

) CERTIFICATE

I, Wendy Blair, a Notary Public in and for the

5 Commonwealth of Pennsylvania, do hereby certify: 6

That the witness whose testimony appears in the

7 foregoing deposition, was duly sworn by me on said date 8 and that the transcribed deposition of said witness is 9 a true record of the testimony given by said witness; 10

That the proceeding is herein recorded fully and

11 accurately; 12

That I am neither attorney nor counsel for, nor

13 related to any of the parties to the action in which 14 these depositions were taken, and further that I am not 15 a relative of any attorney or counsel employed by the 16 parties hereto, or financially interested in this 17 action. 18

22 23 24 25

Profile for Michael J Malloy

Anthony Jones statement - 2016  

Anthony Jones statement - 2016  

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