17-18 Full Case (9-18)

Revised: 9/18/17

2017-18 Case Problem

State of Midlands v. Dylan Hendricks BY THE AMTA CRIMINAL CASE COMMITTEE ALEX BLUEBOND • DAVID BEN-MERRE • LAURA BRAUNSBERG • ANNA ELDRIDGE DIANE MICHALAK • MICHAEL NELSON • NEAL SCHUETT

Revised: 9/18/17 SYNOPSIS Authorities have charged Dylan Hendricks with the attempted murder of Kerry Bell-Leon, the spouse of Carmen Bell-Leon. Carmen and Dylan were engaged in a romantic relationship.

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AVAILABLE WITNESSES Kerry Bell-Leon, Victim • Jamie Morrison, Uber Driver Bailey Bell-Leon, Victim’s Child • Dylan Hendricks, Defendant Charley Waters, Street Musician • Ryan Reeves, Pharmacologist Morgan Jones, Victim’s Friend • Jordan Smith, Cell Phone Expert Detective M. Nichols, Police Officer • F.W. Longfellow, Cell Phone Expert

SUSPECTED ERRORS Please report any typos or other suspected errors to [email protected]. LICENSING FEE FOR INVITATIONAL TOURNAMENTS HOSTS These case materials are the intellectual property of the American Mock Trial Association. By paying the School Registration Fee, a school acquires a license to use this case for internal educational purposes and to compete at AMTA-sanctioned tournaments (that is, Regionals, ORCS, and the National Championship Tournament). Under AMTA’s Intellectual Property policy, however, this license does not by itself permit use of these case materials to host an invitational tournament. Instead, schools wishing to use these case materials to host an invitational tournament must obtain a separate license to do so. Unlicensed use may result in sanctions. If you have any questions, please contact [email protected]. NOTES AND ACKNOWLEDGEMENTS This case is a work of fiction. Any similarity to real people, companies, physical geographic locations, trade names, service marks, or copyrighted material is purely coincidental. Although the Criminal Case Committee has attempted to make the case problem realistic, we have, for the sake of brevity and competition, oversimplified various matters. Please do not rely on the information contained in the case problem outside of the mock trial context. The Committee wishes to thank and acknowledge: • Sarah Sawtelle, Tyler Buller, Missi Schuett, Margo Rusconi, and Screen Cleaner Depot for assistance with the exhibits. Naomi Barasch, Pharm.D. for assistance with pharmacokinetics. Andrew Bluebond, Claire Dressel, Alex Harasty, Alicia Heugel, and Lani Rusconi for providing their likenesses. • Toby Heytens, Tyler Buller, Kristofer Lyons, Tom Parker, Justin Bernstein, Mike Gelfand, Jackie Olson, and Brandon Harper for proofreading the case.

Revised: 9/18/17 SPECIAL INSTRUCTIONS 1. Witness Selection and Captains’ Meeting Procedures. The Captains’ Meeting Form explains the procedures regarding witness selection, character genders, and characters’ personal traits. 2. Revision Dates. Revision dates do not indicate anything about the history of case documents. They exist solely to ensure participants use the most recent version at trial. Parties may not use these dates to introduce facts about the case. 3. Authenticity. Witnesses must acknowledge authorship of any document that purports to be authored by them and the authenticity of any signature that purports to be theirs. A witness whose affidavit or report states that the witness is familiar with a particular document must acknowledge, if asked, that the witness is familiar with that document and that the referenced document is the same version as the corresponding document in the current case. 4. AMTA Rules 8.9 (Invention of fact) and 8.17 (Admission). The reports of Detective M. Nichols, Jordan Smith, F.W. Longfellow, and Ryan Reeves, are “affidavits” for the purposes of AMTA rules 8.9 and 8.17. These witnesses are thus bound by those reports for the purposes of the invention of fact rule and the reports may not be offered into evidence. 5. Hendricks Materials. Dylan Hendricks does not have an affidavit. Hendricks’s interrogation (Exhibit 1) is not an “affidavit” for purposes of AMTA Rules 8.9 (Invention of Fact) or 8.17 (Admission). Students playing Hendricks may build their testimony using the interrogation and other documents in the case. Hendricks (and only Hendricks) may also invent facts outside of the case documents, but can still be cross examined on those inventions using the interrogation, exhibits, or other case materials. All inventions of fact by Hendricks must comply with all AMTA Rules and other special instructions in the case. For example, Hendricks may not deny that Hendricks gave the answers given in the interrogation or deny having sent any messages that purport to have been sent by Hendricks. 6. Party Representatives. Hendricks and Detective M. Nichols are the only permissible party representatives under Rule 615 of the Midlands Rules of Evidence. Kerry Bell-Leon may not serve as a party representative. 7. Closed-Universe Problem. The only legal material that competitors may mention, or judges may rely upon, for any purpose are those set forth in the “Relevant Midlands Law.” All participants must acknowledge such if asked. No argument on lesser-included offenses will be permitted. The State of Midlands must pursue the charge of Attempted Murder as set forth in the Indictment and Bill of Particulars. The defense must argue that Hendricks is not guilty of the charged offense. No affirmative defenses or arguments for lesser culpability are permitted. 8. Fifth Amendment. No witness may refuse to answer any question—and no attorney may instruct a witness not to respond—based on the witness’s Fifth Amendment rights. 9. Best Evidence Rule Limited to Items in the Case Packet. No attorney may object under Rule 1002 of the Midlands Rules of Evidence if the “original writing, recording, or photograph” in question is not among the documents contained in this case packet. 10. Black-and-White Copies. No objection may be raised on the ground that a document, exhibit, or demonstrative was altered by printing it in black-and-white. 11. Exhibit 4 (Extension Cord). Teams can use an actual extension cord as Exhibit 4. The extension cord must be 10 feet long. The extension cord must be orange, but the ends of the 1

Revised: 9/18/17 extension cord may be a different color. If both teams have an extension cord, the prosecution team’s extension cord will be used. If either team provides an extension cord, the photograph of the extension cord does not exist for that round. 12. Exhibit 6 (Key). Teams can use a standard silver-colored door key as Exhibit 6. The key may be no larger than 1 inch x 2.5 inches and may not be attached to anything. If both teams have a key, the prosecution team’s key will be used. If either team provides a key, the photograph of the key does not exist for that round. 13. Exhibit 7 (Purple Gloves). Teams may use purple nitrile disposable gloves as Exhibit 7b. The gloves must be size large. No competitor may wear Exhibit 7b or ask another competitor to wear or to attempt to wear Exhibit 7b. No competitor may comment on whether or not the gloves fit the Defendant or the failure of a competitor to wear (or to attempt to wear) the exhibit. If both teams have purple gloves, the prosecution’s purple gloves will be used. 14. Exhibit 15 (Tender Profile of Dylan Hendricks). If Dylan Hendricks is called to testify or is present at counsel table, then the defense team may provide a version of Exhibit 15 that embeds a photograph of the student playing Hendricks during that round. The photo may not (1) contradict any facts in the case packet or (2) introduce any facts that the defense will treat as material. If the defense team provides an edited profile (Exhibit 15c), then that profile will be the only version of Exhibit 15 available for use in the trial and the defense team must provide Exhibit 15c for use by the prosecution team at any time. If Dylan Hendricks is called or present at counsel table and Defense does NOT provide Exhibit 15c, then Exhibit 15d will be the only version of Exhibit 15 for use at the trial. If Dylan Hendricks is not called or present at counsel table, then Exhibit 15a will be used if Dylan Hendricks is female and Exhibit 15b will be used if Dylan Hendricks is male. 15. Characteristics as Material Inventions. First, while teams may employ distinctive speech characteristics to develop a character, teams may not use such speech characteristics to invent material facts. This Instruction does not prohibit asking a witness questions regarding the witness’s certainty of a voice identification. Second, no competitor may imply in examination or argument that the student playing Hendricks lacked the physical or mental capacity to carry out the alleged crime. Third, no student portraying Kerry Bell-Leon may indicate, verbally or through costuming, that they have suffered any long-term mental or physical illnesses or injuries as a result of the alleged July 2017 attack. This Instruction applies both to examination of witnesses and opening statements/closing arguments. 16. Time Limits. Should a team wish to publish part or all of a document by reading it onto the record, the time spent reading shall be deducted from the publishing team’s total 25-minute direct or cross time, depending on whether the reading occurs during the publisher’s case-inchief or that of the other team. Publication may not occur before opening statements or after the defense team closes its case-in-chief.

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Revised: 9/18/17 AVAILABLE CASE DOCUMENTS Legal Documents 1. Indictment and Bill of Particulars 2. Stipulations 3. Orders on Motions in Limine 4. Discovery Responses 5. Relevant Midlands Law 6. Jury Instructions Witness Materials 1. Affidavit of Kerry Bell-Leon 2. Affidavit of Morgan Jones 3. Affidavit of Bailey Bell-Leon 4. Affidavit of Charley Waters 5. Affidavit of Jamie Morrison 6. Incident Report and Officer Affirmation Statement of Detective M. Nichols 7. Report of Jordan Smith 8. Report of F.W. Longfellow 9. Report of Ryan Reeves

Revised: 9/18/17 EXHIBIT LIST 1. Interrogation of Dylan Hendricks 2. Notice and Waiver of Miranda Rights 3. Transcript of Preliminary Hearing for Pat Sikorsky 4. Extension Cord 5. Photograph of Gun 6. Key 7. Purple Gloves a. Photograph of Purple Gloves b. Purple Gloves Collected from Hendricks’s Sink 8. Photograph of Everest Pills 9. Map of Downtown Midlands City 10. Floor Plan of the Bell-Leon Residence 11. Bell-Leon Family Calendar, July 2017 12. Prenuptial Agreement 13. Photo of Condo Building (Day) 14. Photo of Condo Building (Night) 15. Dylan Hendricks’s Tender Profile a. Female Picture b. Male Picture c. Team-Provided Picture d. Soup Picture 16. Carmen Bell-Leon’s Tender Profile a. Female Picture b. Male Picture 17. June 17, 2017 Tender Messages between Carmen Bell-Leon and Dylan Hendricks 18. June 18, 2017 Tender Messages between Carmen Bell-Leon and Dylan Hendricks 19. June 20, 2017 Tender Messages between Carmen Bell-Leon and Dylan Hendricks

20. June 22, 2017 Tender Messages between Carmen Bell-Leon and Dylan Hendricks 21. June 23, 2017 Tender Messages between Carmen Bell-Leon and Dylan Hendricks 22. June 25, 2017 Tender Messages between Carmen Bell-Leon and Dylan Hendricks 23. June 26, 2017 Tender Messages between Carmen Bell-Leon and Dylan Hendricks 24. June 29, 2017 Tender Messages between Carmen Bell-Leon and Dylan Hendricks 25. July 2, 2017 Tender Messages between Carmen Bell-Leon and Dylan Hendricks 26. July 16, 2017 Tender Message between Carmen Bell-Leon and Dylan Hendricks 27. Tender Messages between Carmen Bell-Leon and Paris Harmon 28. Text Messages between Carmen BellLeon and Jesse Reynolds 29. Threat Letter 30. Uber Receipt for Dylan Hendricks 31. Firing Range Receipt 32. Souper Soups Receipt 33. Transaction Data for Souper Soups 34. Food Truck Permit 35. Application for Food Truck Permit 36. Citation 37. Record of Conviction of Dylan Hendricks 38. Cell Tower Data 39. Cell Phone Tower Map

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Revised: 9/18/17

Captains’ Meeting Form Before receiving ballots, teams must turn in one completed copy of this form to the AMTA Representative. Participants may not view (or attempt to view) the form for any trial in which their team does not compete. All selections are final and binding once announced. Room Number: _________________

Round: 1

2

3

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The Captains’ Meeting proceeds in the following order: 1. WITNESS SELECTION. Only the Prosecution may call Kerry Bell-Leon, Morgan Jones, Jordan Smith, and Detective M. Nichols. Only the Defense may call Dylan Hendricks, Jamie Morrison, Ryan Reeves, and F.W. Longfellow. Either side may call Bailey Bell-Leon and/or Charley Waters. First, the prosecution must announce whether it will call Jordan Smith. If: a. The prosecution calls Jordan Smith, i. The defense must call F.W. Longfellow; ii. The remaining witnesses are selected in the following order: P-D-P-D. b. The prosecution does not call Jordan Smith, i. The defense cannot call F.W. Longfellow; ii. The remaining witnesses are selected in following order: P-D-P-D-P-D. 2. CALL ORDER. Fill in the order in which the witnesses will testify. Prosecution Witness Selections Witness Name Call #

Defense Witness Selections Witness Name Call #

3. GENDERS. First, if the prosecution calls Kerry, the prosecution announces Carmen’s gender; otherwise, the defense announces Kerry and Carmen’s gender. The genders of Bailey and Charley will be determined by the side calling the witness. If a witness will not be called, the prosecution will determine the gender of that witness. Second, the genders of the testifying witnesses are announced. Prosecution Kerry Bell-Leon Det. M. Nichols Morgan Jones Jordan Smith

(M/F)

Defense D. Hendricks Jamie Morrison Ryan Reeves F.W. Longfellow

(M/F) Other Carmen Bell-Leon Charley Waters Bailey Bell-Leon

(M/F)

4. EXHIBITS AND DEMONSTRATIVES. Teams planning to use Exhibit 4, 6, 7(b), or 15(c), enlargements of any exhibit in the case packet, or any demonstrative aid within the meaning of AMTA Rule 1.2(j) must show those exhibits to the other team during the Captains’ Meeting so that any concerns may be brought to the attention of the AMTA Representatives.

MIDLANDS CITY DISTRICT COURT POLK COUNTY, MIDLANDS STATE OF MIDLANDS Plaintiff v. DYLAN HENDRICKS Defendant

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CASE NO.: CR17-07-0993

NOTICE OF INTENT TO OFFER CHARACTER EVIDENCE

The parties give notice of their intention to offer character evidence as follows: 1. ___ The defendant will offer evidence under Rule 404(A)(2)(a) of the following traits of his/her own character: _______________________________________ and understands that, in lieu of rebuttal witnesses, the prosecution may offer rebuttal evidence of those same traits of character during its case in chief. 2. ___ The prosecution will offer evidence of prior crimes, wrongs, or acts under Rule 404(B)(2). 3. ___The defendant will offer opinion and/or reputation evidence of a prosecution witness’s character for truthfulness/untruthfulness under Rule 608(a) and understand that, in lieu of rebuttal witnesses, the prosecution may rebut this evidence during its case in chief. The defendant intends to offer evidence under this rule about the following witnesses: . Signed:

_________________________, Attorney for Dylan Hendricks

_________________________, Attorney for the State of Midlands NOTE TO JUDGES: Parties may offer evidence of the character of a person during their case in chief, consistent with the Midlands Rules of Evidence.

MIDLANDS CITY DISTRICT COURT POLK COUNTY, MIDLANDS STATE OF MIDLANDS Plaintiff v. DYLAN HENDRICKS Defendant

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CASE NO.: CR17-07-0993

INDICTMENT AND BILL OF PARTICULARS STATE OF MIDLANDS, COUNTY OF POLK, SS: In the Year 2017 THE JURORS OF THE GRAND JURY OF THE STATE OF MIDLANDS, within and for the body for the County aforesaid, on their oaths, in the name and by the authority of the State of Midlands, do find and present that: COUNT ONE ATTEMPTED MURDER On or about July 16, 2017, in Polk County, Midlands, Dylan Hendricks did purposely or knowingly engage in conduct which if successful would have caused the death of another person, which constitutes the offense of ATTEMPTED MURDER, a Felony of the First Degree, in violation of Midlands Penal Code 903.02, and against the peace and dignity of the State of Midlands. To wit: Dylan Hendricks used an extension cord and/or a gun in an attempt to cause Kerry Bell-Leon’s death.

D. Hoy

D. Hoy (009920) PROSECUTING ATTORNEY

A TRUE BILL

K. Lazerus

FOREPERSON, GRAND JURY

Revised: 9/18/17 MIDLANDS CITY DISTRICT COURT POLK COUNTY, MIDLANDS STATE OF MIDLANDS Plaintiff v. DYLAN HENDRICKS Defendant

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CASE NO.: CR17-07-0993

STIPULATIONS 1. Both parties agree that Carmen Bell-Leon is unavailable to testify. U.S. Customs and Border Patrol confirms that Carmen Bell-Leon left the United States bound for Ecuador on July 2, 2017 and has not returned. Extradition efforts have been unsuccessful. An arrest warrant has been issued for Carmen Bell-Leon for the attempted murder of Kerry Bell-Leon. 2. Kerry Bell-Leon was admitted to Midlands City Hospital at 12:25 A.M. on July 17, 2017 and treated for injuries consistent with a recent strangulation attempt. Kerry Bell-Leon was of normal mental health. Kerry Bell-Leon has not been treated for any other physical or mental illnesses or injuries related to the events of July 16-17, 2017. 3. A toxicology screen performed at Midlands City Hospital indicates that there was 7.6 mg/L of cathiones methylene (a drug known as “Everest”) in Kerry Bell-Leon’s bloodstream at 1:00 AM on July 17, 2017. 4. Exhibit 5 is a picture of a gun manufactured by AD Baker & Co., Inc. that was lawfully owned by and registered to Kerry Bell-Leon. Since July 17, 2017, the Midlands Police Department has maintained custody of the handgun. Neither party may fault the other for the absence of the actual gun from this trial. 5. All parties and witnesses are of at least normal intelligence. 6. The parties and witnesses waive all objections arising under the U.S. Constitution. 7. Chain of custody was properly documented for all exhibits, and all exhibits have been properly preserved prior to trial. 8. Other than issues related to MRE 404, 405, 608, and 609, any and all notice requirements and/or other discovery obligations pursuant to the Midlands Rules of Evidence and Midlands Rules of Criminal Procedure have been satisfied by all parties. 9. Exhibits 15 and 16 are fair and accurate representations of the sole Tender profiles used and created by Carmen Bell-Leon and Dylan Hendricks. 10. Exhibit 1 is a fair and accurate representation of Hendricks’s interrogation. The following exhibits were shown to Hendricks and correctly identified by Hendricks during that interrogation: Exhibits 17-26, 30, 31, 32, 33, 34, 35, and 36. 1

Revised: 9/18/17 11. The excerpt from Kerry and Carmen Bell-Leon’s prenuptial agreement (Exhibit 12) is a fair and accurate copy of that portion of the prenuptial agreement. No other parts of the prenuptial agreement are relevant. The parties waive objections to Exhibit 12 on the basis that it is incomplete. 12. The pills in Exhibit 8 are the drug cathiones methylene, also known as “Everest.” They were found in Kerry’s front right pocket at Midlands City Hospital on July 17, 2017. “Everest” is a controlled substance for the purposes of Midlands Penal Code §925.11 13. Exhibit 31 is an authentic receipt from DeRosa’s firing range that was automatically created by the cash register. A manager at the firing range identified and described Exhibit 31 after being shown the receipt by the police. 14. No physical, emotional, or verbal abuse ever occurred between Carmen and Kerry Bell-Leon. 15. No physical, emotional, or verbal abuse ever occurred between Dylan Hendricks and any member of law enforcement. 16. Carmen Bell-Leon is 34 years old. Kerry Bell-Leon is 38 years old. Dylan Hendricks is 34 years old. 17. Exhibit 27 is a fair and accurate representation of Tender Messages exchanged between Carmen Leon and Paris Harmon. Exhibit 28 is a fair and accurate representation of text messages exchanged between Carmen Leon and Jesse Reynolds. Paris Harmon and Jesse Reynolds were not in the state of Midlands on July 16, 2017 or July 17, 2017. 18. Pat Sikorsky died on September 3, 2017 and is unavailable for trial. Exhibit 3 is fair and accurate transcript of Pat Sikorsky’s testimony at an August 7, 2017 preliminary hearing. 19. For the convenience of the parties, witnesses, court, and jury, all exhibits have been pre-labeled and pre-numbered. Those numbers will be used for all purposes at trial regardless of which party first offers the exhibit or the order in which the exhibits are offered.

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Revised: 9/18/17 MIDLANDS CITY DISTRICT COURT POLK COUNTY, MIDLANDS STATE OF MIDLANDS Plaintiff v. DYLAN HENDRICKS Defendant

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CASE NO.: CR17-07-0993

ORDER ON MOTIONS IN LIMINE This matter is before the Court on several pre-trial motions filed by the State of Midlands and Defendant. The Court rules on the following issues and reserves ruling on all other evidentiary issues until proper objection at trial. The rulings set forth herein may not be revisited at trial. Preemptory Character Evidence The court first faces a pretrial motion by the State of Midlands to compel notice from defendant, Dylan Hendricks, of any character evidence of the accused or of the victim that Defendant intends to offer under Mid. R. Evid. 404(a). Defendant objected to the State’s request for notice. In other jurisdictions, if the Defense elected to introduce character evidence under Mid. R. Evid. 404(a)(2), the Prosecution would be afforded the opportunity to offer rebuttal witness testimony following Defense case-in-chief. However, for better or worse, Midlands’ focus on judicial economy has created a unique local rule that prohibits the State from calling rebuttal witnesses. Therefore, this Court GRANTS the State’s motion to compel and orders as follows: 1. Defendant must provide the State of Midlands with notice of any intent by defendant to offer evidence of the character of Defendant or victim pursuant to R. 404(a)(1). Defendant must indicate the specific traits of character intended to be pursued. 2. Upon receipt of notice by Defendant that Defendant intends to offer evidence under R. 404(a)(2), the State of Midlands may elect to pursue “preemptory rebuttal evidence” of competing traits during its case-in1

Revised: 9/18/17 chief. If defendant does not provide notice of its intent to offer R. 404(a)(2) evidence, neither party may introduce such evidence at trial. 3. The State of Midlands must, as always, offer similar notice to defendant regarding its intent to offer any evidence of prior crimes, wrongs, or acts, pursuant to R. 404(b). Admissibility of Ryan Reeves’s Testimony The court held an evidentiary hearing regarding a pretrial motion by the State to strike, and therefore completely exclude, the testimony of Ryan Reeves under Tarot Readers Assoc. of Midlands v. Merrell Dow (1994). The Court finds that Ryan Reeves possesses substantial training, experience, and skills in the field of pharmacology. For the reasons discussed at the hearing, this Court will not exclude Ryan Reeves’s conclusions regarding the pharmacokinetic effects of the drug cathiones methylene, also known as “Everest,” pursuant to Tarot Readers v. Merrell Dow. The State’s motion is DENIED. Other objections to the testimony of Ryan Reeves may still be made at trial. Admissibility of Interrogations The Court additionally considered a pretrial motion by Defendant to exclude the interrogation of the Defendant on constitutional grounds. This Court finds that (1) the interrogation was conducted in a manner that did not infringe upon Defendant’s constitutional rights; (2) the interrogation appropriately ceased immediately at the point where Defendant’s constitutional right to counsel was affirmatively and clearly invoked; and (3) Defendant knowingly and voluntarily waived all Fifth Amendment rights during the interrogation. Accordingly, the Court DENIES Defendant’s motion. At trial, Defendant’s interrogation may be read onto the record by counsel for either party or through a witness without additional foundation and at any point once the record is open. However, parties may object to particular parts of the interrogation on other evidentiary grounds. Child Competency to Testify This matter came before the Court upon motion challenging the competency of Bailey Bell-Leon in light of Bailey Bell-Leon’s age. This Court saw no evidence of any physiological, psychological, developmental, or any other concerns that would prevent 2

Revised: 9/18/17 Bailey Bell-Leon from testifying under oath at trial. This Court hereby finds Bailey BellLeon competent to testify. Motion to Exclude Gunshot Residue Defense moves to exclude all evidence regarding gunshot residue under MRE 403. The Court GRANTS that motion because there is insufficient evidence to link the gunshot residue found by the forensic examiners to the crime of which Defendant is accused. Thus, the prosecution may make no mention of gunshot residue during trial. However, if the Defense raises the lack of gunshot residue as part of its case, the Defense has “opened the door” to rebuttal gunshot residue evidence. The prosecution may then read related portions of the Preliminary Hearing Testimony of Pat Sikorsky onto the record.

E. V. Sophia Hon. E. V. Sophia

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Revised: 9/18/17 MIDLANDS CITY DISTRICT COURT POLK COUNTY, MIDLANDS STATE OF MIDLANDS Plaintiff v. DYLAN HENDRICKS Defendant

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CASE NO.: CR17-07-0993 STATE’S INITIAL DISCOVERY RESPONSE TO DEFENDANT’S MOTION FOR DISCOVERY

Now comes the Midlands City Prosecuting Attorney, who provides the following attached discovery, described below: Request 1: All statements of the Defendant. Response: Responsive documents are attached and labeled “Interrogation of Dylan Hendricks” (Exhibit List, 1); “Notice and Waiver of Miranda Rights” (Exhibit List 2); “Dylan Hendricks’s Tender Profile (Exhibit List, 15); “Tender Messages between Carmen Bell-Leon and Dylan Hendricks” (Exhibit List, 17-26). The City Prosecutor does not possess any other documents responsive to this request. Request 2: Defendant’s Prior Criminal Record. Response: Defendant’s criminal record is attached as “Record of Conviction for Dylan Hendricks” (Exhibit List, 37). The City Prosecutor does not possess any other documents responsive to this request. Request 3: Any books, papers, documents, recordings, data, photographs, tangible objects, building or location photos or diagrams, within the state’s possession and/or control. This request extends to any of the same items in the control or possession of the Midlands Police Department. Response 3: The City Prosecutor’s Office has a policy of “open file discovery.” The Defendant’s counsel may freely inspect all documents within the control of the Prosecutor’s office, whether or not such documents or objects would be able to aid in the defense. As such, the Prosecutor’s Office has turned over all documents, objects, photographs and materials responsive to this request. A list of exhibits and evidence is attached. (Exhibit List, 1-39). Additionally, Defense Counsel was permitted to inspect the entire file of the City Prosecutor and has agreed that all existing material in possession of the City Prosecutor and Midlands Police Department has been disclosed.

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Revised: 9/18/17 Request 4: Expert Testimony. Defendant has requested a list of names, addresses, qualifications, conclusions, and reports prepared by anyone the prosecution believes will be used at trial. Response 4: The “Transcript of Preliminary Hearing for Pat Sikorsky” is attached. (Exhibit List, 3). The Expert Report of Jordan Smith, and all documents created by Detective M. Nichols. These documents represent the entirety of any conclusions reached by expert witnesses for the Prosecution. Request 5: Any other documents in the prosecution’s possession or control that the prosecution contemplates using at trial. Response 5: The prosecution has permitted the defendant to review and copy all documents, witness statements, and evidence in its possession and control, including the affidavits of Kerry Bell-Leon, Morgan Jones, Charley Waters, and Bailey BellLeon. Request 6: Any evidence, exhibits, or materials that could exonerate Defendant or assist in his or her defense, including any impeachment evidence, known as “Brady Evidence”. Response 6: The prosecution does not believe there are any exonerating documents responsive to this request and there is no impeachment evidence (plea deals, conviction records of testifying witnesses, or alternate suspects) within the possession of the prosecutor’s office. In an abundance of caution, however, the prosecution has disclosed all evidence it has obtained through investigation in this case and provided all witness statements in its possession. In addition to these requests, the Prosecution and Defense counsel have agreed to share witness lists and show any new enlargements and/or new demonstrative aides to the respective opposing party. This exchange of witness lists and enlargements and demonstrative aides will occur in a meeting among counsel just prior to the start of trial. The City Prosecuting Attorney does not currently possess any additional evidence relating to this case. The City Prosecuting Attorney also makes a reciprocal demand for discovery. NOTICE The undersigned represents that the foregoing list of evidence will be considered as notice of intent to use such evidence in this case in chief at trial, as requested. D. Hoy D. Hoy Midlands City Prosecutor 2

Revised: 9/18/17 MIDLANDS CITY DISTRICT COURT POLK COUNTY, MIDLANDS STATE OF MIDLANDS Plaintiff v. DYLAN HENDRICKS Defendant

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CASE NO.: CR17-07-0993 DEFENDANT’S INITIAL DISCOVERY RESPONSE TO STATE’S MOTION FOR RECIPROCAL DISCOVERY

Now comes Defendant, by and through Defendant’s counsel of record, who provides the following attached discovery, described below: Request 1: Any books, papers, documents, recordings, data, photographs, tangible objects, building or location photos or floorplans, within the Defendant’s possession and/or control that defendant counsel believes would be used at trial. Response 1: Defendant objects to the extent it includes any conversations between Defendant and Defense counsel. Defendant further responds that all responsive documents, evidence, and photos are included in Exhibit List 1-39. Defendant does not possess and is not aware of any other relevant documents, evidence, or photographs. Nothing in this response should be construed to limit Defendant’s ability to use enlargements or demonstrative aids at trial pursuant to the joint agreement of counsel for both parties to exchange all demonstrative aides on the day of trial. Request 2: Expert Testimony. Response 2: The Expert Report of F.W. Longfellow and the Expert Report of Ryan Reeves have been turned over to the prosecutor’s office. These documents represent the entirety of any conclusions reached by expert witnesses for the Defense. Request 3: Any other documents in the defendant’s possession or control that the defense contemplates using at trial. Response 3: Exhibit List 1-39 includes all physical documents and evidence for the Defendant. Defendant has also provided a witness statement for Jamie Morrison. NOTICE The undersigned represents that the foregoing list of evidence will be considered as notice of intent to use such evidence in this case in chief at trial, as requested. M. Pohlmann M. Pohlmann Defense Counsel 1

Revised: 9/18/17 RELEVANT MIDLANDS LAW The statutes and cases listed below, along with the Midlands Rules of Evidence, are the only legal authorities that may be cited in trial. Applicable Provisions from Midlands Penal Code Midlands Penal Code §903.02 Murder (A) No person shall purposely or knowingly cause the death of another. (B) Whoever violates this section is guilty of murder, a felony of the first degree, and shall be punished as provided in §929.02 of the Midlands Penal Code. Midlands Penal Code §923.02 Attempt to commit an offense (A) No person, purposely or knowingly, shall engage in conduct that, if successful, would constitute or result in an offense. (B) It is no defense to a charge under this section that, in retrospect, commission of the offense that was the object of the attempt was either factually or legally impossible under the attendant circumstances, if that offense could have been committed had the attendant circumstances been as the actor believed them to be. (C) Whoever violates this section is guilty of an attempt to commit an offense. An attempt to commit aggravated murder, murder, or an offense for which the maximum penalty is imprisonment for life is a felony of the first degree. An attempt to commit any other offense is an offense of the next lesser degree than the offense attempted. Midlands Penal Code §913.02 Theft (A) No person, with purpose to deprive the owner of property or services, shall knowingly obtain or exert control over either the property or services in any of the following ways: (1) Without the consent of the owner or person authorized to give consent; (2) Beyond the scope of the express or implied consent of the owner or person authorized to give consent; (3) By deception; (4) By threat; (5) By intimidation. (B) Whoever violates this section is guilty of theft, a misdemeanor of the first degree punishable by up to 180 days in jail. Midlands Penal Code §925.11 Drug Abuse (A) No person shall knowingly obtain, possess, or use a controlled substance or a controlled substance analog. (B) Whoever violates division (A) of this section is guilty of possession of drugs, a misdemeanor of the first degree.

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Revised: 9/18/17 Relevant Cases All cases are rulings of the Midlands Supreme Court, the highest court in Midlands, unless otherwise specified. Basis of Evidentiary Rulings Zomerfeld v. Noto (2012) Pursuant to Midlands Rules of Evidence 104(a), when evaluating the admissibility of evidence, a trial court is permitted to rely on both admissible and inadmissible evidence. The use of underlying inadmissible evidence does not make that inadmissible evidence admissible. Instead, the court is merely permitted to consider the underlying inadmissible evidence in order to assess the admissibility of the offered evidence. In a jury trial, the jury may not always be privy to the underlying facts used to determine what evidence is admissible, but the Court may hear it. Previous upheld examples of this in Midlands include using character evidence to make a ruling on hearsay exceptions, using hearsay to make a ruling on character evidence, and using hearsay to decide whether an expert has adequate foundation to testify. Burden of Proof State v. Monarch (1904) In a criminal case, the burden of proof is on the State and never shifts to the defendant. The burden of proof in a criminal case is beyond a reasonable doubt with respect to each and every element of the offense(s) alleged. State v. Sarobe (1981) Per State v. Monarch, the State’s burden of proving its case beyond a reasonable doubt applies to each and every element of the crime charged. This burden, however, does not operate on the many subordinate, evidentiary, or incidental facts as distinguished from proof of the elements of the crime or of an ultimate fact. Where, however, the State relies in whole or in part on circumstantial evidence to prove an element of a crime, although each link in the chain of evidence to support it need not be proven beyond a reasonable doubt, the cumulative impact of that evidence must, in order to support that inference, convince the finder of fact beyond a reasonable doubt that the element has been proven.

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Revised: 9/18/17 State v. Vargas and Field (2015) A criminal defendant is never required to present evidence or even offer an alternative theory of the crime. If a defendant does so, however, a prosecutor may comment upon the failure of the defense to offer evidence in support of its theory of the case. Moreover, such comments do not imply that the burden of proof has shifted to the defense, nor do they necessarily constitute an infringement on the defendant's exercise of his Fifth Amendment right to remain silent. State v. Matthys (2016) Revisiting State v. Vargas and Field, the court reiterated that during a closing argument, a prosecutor may not suggest that the defendant needed to provide evidence in order to be found not guilty. State v. Soderberg (2017) Revisiting State v. Vargas and Field, the court reminded counsel that during cross examination, prosecutors may call into question the existence of documents that the defendant purports to exist but has not produced for trial. In addition, it is not improper “burden-shifting” for the prosecutor to point out through cross-examination that the defendant has not produced documents or evidence to support a theory or argument that has been advanced by the defense. However, the prosecutor may not suggest during cross examination that the defendant had an affirmative duty to produce any documents in order to be found not guilty. Trial Procedures State v. Nelson (2002) Even if the State elects not to discuss at trial a particular charge or element included in its indictment or bill of particulars, the defendant still may present evidence to rebut that charge or element. The State may not argue irrelevance of the defendant's evidence based on the State's electing not to present evidence supporting that charge at trial. Kleynman v. Corrado (1945) Unlike other jurisdictions, the victim in a criminal case in Midlands can be sequestered under Midlands Rule of Evidence 615.

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Revised: 9/18/17 Evidence Richey v. Bartlett (2002) In all trials, fact finders may rely on both direct and circumstantial evidence. Direct evidence is testimony by a witness about what that witness personally did, saw, or heard. Circumstantial evidence is indirect evidence from which the fact finder may infer that another fact is true. Neither type of evidence should be given categorically more weight than the other. Roytman v. Zadie & Zoe’s Pet Supplies (2000) Midlands’ Circuit Courts are not bound by the rulings of their sister Circuit Courts in other counties; however, the decisions of sister Circuit Courts in other counties have persuasive value. State v. Class (Midlands Cir. Court Breckinridge County 2013) The defendant was charged with murder and the prosecution offered evidence that an alleged co-conspirator, who is being tried separately, previously attempted to kill the victim without the defendant’s involvement. The defendant objected under Rule 403. The Court excludes this evidence because the probative value of the motive of an alleged coconspirator is substantially outweighed by the danger for unfair prejudice caused by the potential for the jury to associate the co-conspirator’s independent actions with the defendant. State v. Sommers (Midlands Cir. Court Fairfax County 2015) The defendant was charged with armed robbery of a bank and the prosecution attempted to offer evidence that a co-conspirator, who is being tried separately, plotted to rob the same bank with individuals who were not involved in the alleged robbery in question. Defendant objected under MRE Rule 403. The court overrules the objection because the probative value of evidence that the co-conspirator had a plan to rob the bank is not substantially outweighed by any unfair prejudice to the defendant. Credibility State v. Lowe (1985) A criminal defendant’s decision to exercise the constitutionally protected right not to testify in his or her own defense may not be commented upon by the State either explicitly or implicitly. However, if the defendant does choose to testify, his or her credibility is to be judged like that of any other witness. 4

Revised: 9/18/17 State v. Poole (2014) Generally, it is improper for the prosecutor to comment at trial upon a defendant's invocation of his or her privilege against self-incrimination. This rule extends to a prosecutor’s comment on a defendant’s refusal to answer police questions or decision to invoke his or her right to counsel during an investigation. Expert Witness Testimony Davis v. Adams (1993) Under the Midlands Rules of Evidence, trial judges must ensure that any and all scientific testimony or evidence admitted is not only relevant but reliable. In determining whether expert testimony is sufficiently reliable to be admitted, judges should consider only the methods employed and the data relied upon, not the conclusions themselves. Tarot Readers Association of Midlands v. Merrell Dow (1994) In assessing reliability under Davis v. Adams, judges should consider, among other factors, whether the theory or technique has been or can be tested, whether it has been subjected to peer review and publication, whether it has a known error rate, and whether it has gained widespread acceptance within the field. These factors, while relevant, are not necessarily dispositive. For example, lack of publication does not automatically foreclose admission; sometimes well-grounded but innovative theories will not have been published. Indeed, there is no definitive checklist in making a preliminary assessment of whether reasoning or methodology underlying expert testimony is scientifically reliable. Judges must make such assessments based on the totality of the circumstances, and the proponent of such expert testimony must meet the threshold proof requirement by a preponderance of the evidence. Richards v. Mississippi BBQ (1997) Midlands Rule of Evidence 703 does not afford an expert unlimited license to testify or present a chart in a manner that simply summarizes the testimony of others without first relating that testimony to some “specialized knowledge” on the expert’s part as required under Midlands Rule of Evidence 702. The court must distinguish experts relying on hearsay to form scientific conclusions from conduits who merely repeat what they are told. The testimony of the former is admissible; that of the latter is not.

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Revised: 9/18/17 Hearsay America’s Best Cookie v. International House of Waffles (2009) Although practices may be different in other jurisdictions, in Midlands it is entirely possible for an out-of-court statement by a person who is or will be testifying in a particular trial to be excluded by the general rule against hearsay. Subject to Rule 801(d), hearsay is any out-of-court statement offered to prove the truth of the matter asserted in the statement. And although the Midlands Rules of Evidence contain a variety of exceptions to the rule that hearsay is generally inadmissible, there is no categorical principle permitting receipt of any out-of-court statement simply because the person who made that out-of-court statement is or will be a witness in the trial. State v. Capaldi (1987) In a criminal case, a police officer is not considered a “party opponent” for the purpose of admissibility of a statement made by that officer under Midlands Rule of Evidence 801(d)(2). This does not preclude the admissibility of the officer's statement under other applicable provisions of the Midlands Rules of Evidence. State v. Compton (2012) The business-records hearsay exception of Midlands Rule of Evidence 803(6) cannot be used as a “back door” to introduce evidence that would not be admissible in a criminal case under the public-records hearsay exception of MRE 803(8)(ii). Thus police reports, which are specifically excluded from MRE 803(8) in a criminal case, are not admissible as business records under MRE 803(6) to prove the truth of matters contained therein. Illiadis v. State (1987) Midlands Rule of Evidence 801(d)(2) may be invoked in only one direction in a criminal case. Specifically, Rule 801(d)(2) permits the State to offer statements by a criminal defendant. The rule does not permit a defendant to offer statements from him- or herself. This rule remains the same even if the State has already elicited out-of-court statements by a defendant during a preceding examination subject to Rule 106. State v. Chambliss (1985) Criminal conspiracy to commit a given crime occurs when a person agrees with another or others to commit an offense, attempt to commit an offense, solicit the commission of an offense, or aid another in the planning or commission of an offense.

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Revised: 9/18/17 State v. Owens (2010) For a statement to qualify under the hearsay exclusion of Midlands Rule of Evidence 801(d)(2)(E), the proponent must establish the existence of said conspiracy by a preponderance of the evidence. In addition, the statements may be admitted conditionally subject to Rule 104, meaning that the proponent of such statements may lay proper foundation before offering the statements or the trial court may allow the proponent to admit the statements first and lay the foundation for the predicate conspiracy during the remainder of the trial. As Rule 801(d)(2)(E) makes clear, proof of conspiracy may be based in part on the statements themselves, but the proof must also include some independent corroborative evidence. State v. Alston-Harmon and Maples (2015) An individual need not be charged with conspiracy for their statements to qualify under the hearsay exclusion of Midlands Rule of Evidence 801(d)(2)(E). State v. Mendoza (2015) A public record of a criminal conviction is not a police report and, thus, is not excluded by Midlands Rule of Evidence 803(8)(ii). Bifurcation State v. Campbell (2007) In Midlands, all criminal trials are bifurcated with a guilt phase followed by a penalty phase. It is improper for an attorney to comment on sentencing or discuss potential penalties during the guilt phase of the trial. Such conduct is grounds for a mistrial and may constitute conduct for which sanctions are appropriate. State v. Parsons (1983) During the guilt phase of a bifurcated trial, evidence is not relevant if it is directed solely to the penalty to be given to the defendant if found guilty. Authentication Filteau v. Wanek (1992) As long as the proponent of the statement produces evidence that would permit a reasonable jury to find that a given person made a particular statement, the court must assume for the purposes of assessing the statement’s admissibility that the statement was made by that person. 7

Revised: 9/18/17 Ginger v. Heisman (2015) Emails or text messages are properly authenticated when the proponent of the evidence has produced evidence, either direct or circumstantial, that would allow a reasonable jury to determine the author of the message. State v. Guliuzza's Franks and Beans, LLC (1977) Pursuant to Midlands Rule of Evidence 104(a), courts may consider custodial documents, such as clerks’ certifications or affidavits of records keepers, when determining the admissibility of other evidence without regard for the admissibility of the custodial document itself. The custodial document typically only addresses preliminary matters of admissibility and is not entered into evidence, and thus the court is not bound by the rules of evidence when considering it. However, if a party wishes to enter the custodial document itself into evidence, the proper foundation must be laid to establish its admissibility. Character Evidence State v. Delvaux (1986) Under Rule 404, general evidence as to the defendant’s good character or law-abiding nature is not admissible. However, under Rule 404(a)(1), a criminal defendant may offer certain evidence of a “pertinent” character trait. The requirement that evidence be “pertinent” significantly exceeds the comparably low bar of relevancy. “Pertinence” is a more exacting standard by which the trait itself must directly relate to a particular element or facet of the crime charged. State v. McClain (2010) MRE 609 does not categorically exclude evidence of a defendant’s prior criminal conviction punishable by less than one year of imprisonment. Prior Convictions State v. Clement (2014) The prosecution attempted to introduce evidence of a prior conviction of the defendant under Rule 609. Defendant objected, arguing that the prior conviction of "theft by deception" only carried a sentence of 4 months and was not a "crime of dishonesty." The court notes that Midlands had separate charges of "theft" and "theft by deception." In defendant's prior case, she used a fake ID to gain access to a company's computer room and steal corporate information. This crime is, by its nature, deceptive and thus could be considered a "crime of dishonesty." The lower court erred in concluding this evidence was 8

Revised: 9/18/17 inadmissible because of the sentence and charge; therefore, we remand this case back to the court of criminal appeals to re-evaluate in light of this ruling. State v. Bitterly (Midlands Cir. Court Breckinridge County 2007) Where defendant had a prior theft conviction for stealing video games from a store by taking them off the shelf, putting them in a purse, and walking out, the court concludes the prior theft conviction was admissible against the testifying defendant for the purpose of Rule 609. This theft was inherently dishonest because the defendant meant to take the video games without the store’s knowledge. State v. Peaches (Midlands Cir. Court Fairfax County 2009) The trial court erred in allowing evidence of a testifying defendant's conviction for shoplifting in 2000. In this case, the defendant walked into a liquor store and drank 5 forty ounce bottles of Natural Light beer before leaving the store without paying. While the defendant's choice of alcohol and openness in stealing the bottles was poor and illegal, it was not a "dishonest" theft. This court remands this case back to the trial court to reconsider whether the prior conviction is admissible on other grounds. State v. Jehl (Midlands Cir. Court Breckinridge County 2015) In a trial for charges related to manufacturing cocaine, the state argued to admit evidence of defendant's prior felony conviction for the manufacturing the drug "Everest." Since defendant was not testifying, defendant argues that the evidence is not admissible. The state argued that the conviction was necessary to prove that defendant knew how to manufacture drugs. The trial court erred in admitting the prior conviction. While evidence may be admissible under one rule when it is not inadmissible under another rule, in this instance the prior conviction was for manufacturing a different drug and, therefore, not sufficiently probative to risk the danger of unfair prejudice. State v. Hunley (Midlands Cir. Court Fairfax County 2017) The trial court erred when it excluded evidence of a prior conviction of a defendant just because the defendant did not testify. While Rule 609 does require that the defendant testify for a prior conviction to be admissible, the trial court failed to consider whether the conviction would be admissible under other rules, such as character evidence pursuant to Rule 404.

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MIDLANDS CITY DISTRICT COURT POLK COUNTY, MIDLANDS STATE OF MIDLANDS Plaintiff v. DYLAN HENDRICKS Defendant

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CASE NO.: CR17-07-0993

JURY INSTRUCTIONS (ATTEMPTED MURDER) The defendant, Dylan Hendricks, is charged with attempted murder in violation of §903.02 of the Midlands Penal Code. You must find the defendant not guilty unless you find that the government has proven beyond a reasonable doubt that the defendant is guilty of attempted murder as set forth in Instruction No. 1. INSTRUCTION NO. 1: ATTEMPTED MURDER You will find the defendant, Dylan Hendricks, guilty if, and only if, the government has proven beyond a reasonable doubt all of the following: A. The defendant acted purposely or knowingly; B. The defendant engaged in conduct that, if successful, would constitute or result in causing the death of another person. INSTRUCTION NO. 2: STATE OF MIND DEFINITIONS A. Purpose: A person acts purposefully (intentionally) if he or she acts with the intent that his/her action causes a certain result. In other words, a defendant undertakes his/her action either intending for, or hoping that, a certain result will occur. B. Knowledge: A person acts knowingly if he or she is aware that his/her conduct will result in a certain outcome. In other words, a defendant acts knowingly if he or she is aware that it is practically certain that his/her conduct will cause a specific result.

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INSTRUCTION NO. 3: PRESUMPTION OF INNOCENCE The law presumes a defendant to be innocent of a crime, and the indictment shall not be considered as evidence or as having any weight against the defendant. You shall find the defendant not guilty unless you are satisfied from the evidence alone and beyond a reasonable doubt that the defendant is guilty. If upon the whole case you have a reasonable doubt as to guilt, you must find the defendant not guilty. INSTRUCTION NO. 4: RIGHT TO REMAIN SILENT The defendant is not required to testify, and the fact that a defendant does not testify cannot be used as an inference of guilt. If, however, a defendant does testify, you shall judge the defendant’s credibility as you would any other witness. INSTRUCTION NO. 5: ARGUMENTS AND REMARKS OF COUNSEL Remarks of the attorneys are not evidence. If the remarks suggest certain facts not in evidence, disregard those remarks. However, you are to consider carefully the closing arguments of the attorneys. Ultimately you must draw your own conclusions and decide your verdict according to the evidence, under the instructions given to you by the court. INSTRUCTION NO. 6: CREDIBILITY OF WITNESSES It is the duty of the jury to scrutinize and weigh the testimony of witnesses and to determine the effect of the evidence as a whole. You are the sole judges of the credibility, that is, the believability, of the witnesses and of the weight to be given to their testimony. In determining the credibility of each witness and the weight to give the testimony of each witness, consider these factors: A. whether the witness has an interest or lack of interest in the result of this trial; B. the witness’s conduct, appearance, and demeanor on the witness stand; C. the clearness or lack of clearness of the witness’s recollections; D. the opportunity the witness had for observing and for knowing the matters the witness testified about; E. the reasonableness of the witness’s testimony;

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F. the apparent intelligence of the witness; G. bias or prejudice, if any has been shown; H. possible motives for falsifying testimony; and I. all other facts and circumstances during the trial which tend either to support or to discredit the testimony. Then give to the testimony of each witness the weight you believe it should receive. There is no predetermined way for you to evaluate the testimony; instead, you should use your common sense and experience. INSTRUCTION NO. 7: EVIDENCE; INTERPRETING EVIDENCE When making your decision, you may rely on both direct and circumstantial evidence. Direct evidence is testimony by a witness about what that witness personally did, saw, or heard. Circumstantial evidence is indirect evidence from which the fact finder may infer that another fact is true. Neither type of evidence should be given categorically more weight than the other. The State’s burden of proving its case beyond a reasonable doubt applies to each and every element of the crime charged. This burden, however, does not operate on the many subordinate, evidentiary, or incidental facts as distinguished from proof of the elements of the crime or of an ultimate fact. Where, however, the State relies in whole or in part on circumstantial evidence to prove an element of a crime, although each link in the chain of evidence need not be proven beyond a reasonable doubt, the cumulative impact of that evidence must, in order to support that inference, convince the finder of fact beyond a reasonable doubt that the element has been proven. INSTRUCTION NO. 8: UNANIMOUS VERDICT The verdict of the Jury must be unanimous as to guilty or not guilty, and be signed by one of you as Foreperson. DATE: ___________________

_______________________ JUDGE 3

Revised: 9/18/17 AFFIDAVIT OF KERRY BELL-LEON 1

After being duly sworn upon oath, Kerry Bell-Leon hereby states as follows: I am 38

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years old and competent to make this affidavit. I am testifying voluntarily and was not

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subpoenaed or compelled to testify.

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I live in Midlands City, Midlands. I am a pilot for Midlands Airways. I started

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flying for the company right after graduating from flight school at the Midlands Institute

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of Technology. I am based at the East Midlands Airport (XEM).

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Obviously, my job takes me away from home a lot. I’d be lying if I said that

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didn’t put a lot of strain on my marriage. My spouse Carmen and I were married in

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2003. I met Carmen when I was in Tierras Medias, Ecuador for work. We tried dating

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long distance for a few months, but I knew Carmen needed to move to the United States

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if this was ever going to work out long-term. In 2002, Carmen moved to Midlands from

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Ecuador and we got married almost a year later. Our child Bailey was born in 2004 and

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is now in the eighth grade. We live on the sixth floor (#6A) of the Jaywood Building, a

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condominium complex in downtown Midlands City on the corner of East and Main.

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Even after having a child, Carmen and I preferred to live in the city, close to all the

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restaurants and bars.

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Things with Carmen were great at first, even though I was traveling a lot. In fact,

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things were great for almost 14 years. Carmen did not seem to mind how much I was

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gone. But that changed about four years ago after I got a promotion and started working

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more hours. When I would come home from a trip, Carmen would complain about how

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hard it was to take care of Bailey without me around to help. Carmen would also

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regularly complain about being lonely and say that if I cared about the family, I would

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find a way to stay home more. Look, I get it. Carmen’s family is in Ecuador. Carmen

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didn’t know anyone when Carmen moved to Midlands. I would have loved to be around

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more, but what am I supposed to do? Quit my job? I am a pilot, I love being a pilot, and

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Carmen knew what Carmen was signing up for when we got married.

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Speaking of signing up for things, we have a prenuptial agreement. I think that

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also caused some tension. Exhibit 12 is that prenuptial agreement, and it says that

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Carmen would basically get nothing if we split up, especially if Carmen had an affair.

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Also, I’m confident that the court would give me full custody of Bailey if we ever got 1

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divorced. In 2016, Carmen kept talking about our prenup. I thought Carmen was just

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holding that over my head to win arguments. That was until 2017 when I started to

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suspect that Carmen was having an affair and wanted to leave me.

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In March 2017, Carmen started to seem distant. We weren’t talking as much. We

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were barely even arguing. It was like I was getting the cold shoulder. Later that month, I

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noticed that Carmen was getting dressed up, cancelling our date nights, and going out

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more. I did not know with whom. This continued into summer.

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Then on July 2, 2017, everything came crashing down. Carmen told me Carmen

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was having an affair with someone named Dylan Hendricks. Carmen said that Dylan was

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an entrepreneur of some kind. Carmen claimed the affair was over and that Carmen was

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going to Ecuador to visit relatives. I didn’t know what to think. Even though I suspected

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something was wrong, I felt like I had been hit by a truck. I told Carmen not to go,

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because we needed to make things work. But Carmen just said that Carmen needed some

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time away. I was in too much shock to put up much of an argument. On July 2, 2017

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Carmen left. I haven’t seen Carmen since.

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I drove Bailey to sleepaway camp at Riverside Camp on July 3, the day after

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Carmen left. When I got home on July 3, I was distraught. I’ll admit that I did not handle

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it well. I knew it was a bad idea, but I had to find out who Dylan Hendricks was. The

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night of July 3, 2017, I did a search on the internet for “Dylan Hendricks Midlands

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City.” I got a few hits: a Facebook page and even a MySpace page. I also saw an article

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from the magazine Midlands Alive! that was a review of a food truck called Souper

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Soups. It was run by someone named Dylan Hendricks. The article even had a few

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pictures of Dylan.

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From July 3 to July 16, I was pretty much going out every night that I was not

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away for work. I started drinking pretty heavily and used Everest for the first time.

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Everest is a new designer drug that is pretty addictive and illegal. It is also very

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expensive. It causes you to feel happy and energized. I’ve heard Everest can distort your

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memories, but I’ve never experienced that and I do not think that’s true. Personally, I

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don’t think it has any bad side effects. I’ve only used Everest a few times and I’ve never

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used it while working.

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My friend Morgan Jones gave Everest to me the first time I used it on July 5.

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Morgan is my closest friend—literally. Morgan lives directly below me in the Jaywood

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Building in condo 5A. I went out for drinks a few times with Morgan in July 2017.

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Morgan was supportive and helped me get through it. Morgan told me that Morgan was

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sure Carmen and I would work it out. Sometimes, you need friends who will just tell you

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what you want to hear.

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On July 16, 2017, I walked to Chuggies with Morgan. Chuggies is the bar next

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door to the condo building where Morgan and I live. It was Morgan’s birthday, and we

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had been planning a party at Chuggies for months. I even wrote it on the family

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calendar. Exhibit 11 is the calendar for the months of July and August. The calendar is a

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tear-away calendar, and Bailey tears the old month off on the first day of each new

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month, so the past months’ sheets have been thrown away. Carmen didn’t write anything

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on the calendar pages for any month after July, which is weird because Carmen keeps the

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calendar up to date to make sure that everyone knows each other’s schedules.

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We got to Chuggies around 9:30 P.M. A number of Morgan’s friends were

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already there. At 9:40 P.M., I saw Morgan take an Everest pill. I hadn’t had any Everest

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that day, so I asked if I could get an Everest pill, and Morgan gave me one. I took the

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Everest pill—Morgan’s last pill—right away, at 9:40 P.M. I did feel bad taking the last

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of Morgan’s drugs on Morgan’s birthday. So, I called my dealer, Mickey, and said to

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meet me in the parking lot that was just around the corner from Chuggies and behind the

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Jaywood Building.

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At 10:15 P.M., I left Chuggies to go get more Everest. On my way to the parking

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lot, I realized how hungry I was. I saw a few food trucks parked across the street: Tasty

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Tacos, Kostandinos’ Gyros, and, sure enough, Souper Soups. I remembered that Dylan

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Hendricks owned Souper Soups. I felt like I had to confront Dylan. I thought I was

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going to walk up to the truck and punch Dylan or at least throw some soup in Dylan’s

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face. I got to the food truck and saw someone wearing a nametag that said “Dylan.” I

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recognized “Dylan” as Dylan Hendricks from the pictures I saw online. This was the

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person Carmen was having an affair with.

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I took a deep breath and was about to start yelling, but then I chickened out. I thought that it probably wasn’t the best time. We were in public, and I had taken Everest. 3

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I didn’t want things to get out of hand. So I just ordered the catfish chowder which I

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thought would help my nausea. The receipt I got from that order is Exhibit 32.

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I left stunned. Dylan wasn’t that good looking. And Dylan owned a food truck!

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I am a pilot. I don’t know what Carmen saw in Dylan. I started walking towards the

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parking lot behind my condo building to meet Mickey, my drug dealer. We were

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supposed to meet at 10:35 P.M., and I didn’t want to be late. I walked into the parking

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lot and found Mickey at exactly 10:35 P.M. Mickey was alone and I didn’t see anyone

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else around. I went up to Mickey and bought some Everest.

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I was about to go back to Chuggies, but I decided that I wasn’t really feeling up

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for a party. Morgan had a bunch of other people to hang out with, so I decided to just go

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to bed. I unlocked the back door to my building with my key and went up the fire escape

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(which is essentially just the staircase at the back of the building). Once on the sixth

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floor, I unlocked the door to my condo and went inside. I am pretty sure I locked the

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door behind me, but I am not completely certain. Sometimes I forget. It’s a secured

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condo building so I feel totally safe in there. If you go in through the front door of the

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building, you have to go by the doorman (which is often Morgan during the day) and

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security cameras. You need a key to get in the back door of the building (the door under

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the maroon awning). Any key that opens one of the condo units opens the back door to

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the building, so you only need one key to both get in the building and into a condo unit.

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Of course, each of the condo units has a different key.

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At about 10:45 P.M., I got back to my condo. I sat down on the couch and turned

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on the TV. It was an action movie of some sort starring Alex Grace and there was a lot

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of fighting. After a few minutes, I went to the bathroom to wash my face and brush my

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teeth, but, as I walked down the hall, I heard something behind me. I opened the door to

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the bathroom just in time. Before I could even turn on the light, I saw Dylan Hendricks’s

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reflection in the bathroom mirror. I spun around, and all I saw was a gun that Dylan was

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holding. I’m not exactly sure what happened next. Before Dylan could fire, my airline

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security training kicked in. I remember knocking the gun away and hearing it fall on the

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ground. But it was too dark to see where it went. I ran into the living room, toward the

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front door, and I heard a crash behind me. Before I could get to the door, I was tackled

122

from behind into some furniture. I was lying on the ground, trying to get up when Dylan 4

Revised: 9/18/17 123

put the extension cord around my neck. I couldn’t breathe. I tried to get away, but

124

couldn’t. I didn’t see anything else, and soon I passed out.

125

The only time I saw Dylan’s face was in the reflection in the mirror and I only

126

saw it for a second. Dylan didn’t say anything the whole time, so I didn’t hear Dylan’s

127

voice. It was dark in the condo, but the TV was on and so was the nightlight in Bailey’s

128

room. That was enough to see. I am certain it was Dylan.

129

When I came to, Morgan was already in the room. I was lying on the floor next to

130

an overturned end table with a lamp broken on the floor. I was discombobulated. It

131

might have been the Everest, but it was probably the fact that Dylan just tried to murder

132

me. As soon as I got my wits about me, I noticed an orange extension cord on the ground

133

near me. I didn’t touch it. I tried to get up but still felt pretty woozy so I just sat back

134

down on the floor. Morgan called 9-1-1. Morgan asked for an ambulance, and I said,

135

“Get the police too. Dylan Hendricks tried to kill me.”

136

The police showed up a few minutes later. Officer Nichols came up to me and

137

asked if I was all right. I said I was okay. The officer asked me what happened. I said,

138

“Someone tried to kill me. It was the person who owns the soup truck outside named

139

Dylan Hendricks. If you hurry, you might be able to catch Dylan.” Officer Nichols

140

responded by asking me if I was on anything, but before I could answer the paramedics

141

showed up. When they got there, the officer backed away, probably to go arrest Dylan.

142

I wanted to keep talking to the police but the paramedics surrounded me. They

143

asked me a lot of questions, including if I was on drugs. I told them I had taken an

144

Everest pill earlier that night. I told them someone tried to strangle me and showed them

145

my neck. I figured there must have been bruising or something. They put me on a

146

stretcher and wheeled me to the elevator and outside the front door of the Jaywood

147

Building towards the ambulance.

148

When we got outside, I saw Dylan walking toward us. I couldn’t believe it at

149

first. But it’s obvious why Dylan came back. The criminal always returns to the scene of

150

the crime. I shouted, “That’s Dylan! That’s the person who tried to kill me and tried to

151

ruin my marriage!” I pointed at Dylan and police officers rushed over to grab Dylan.

152

The police asked if I was sure this was the person who tried to kill me, and I said, “I am

5

Revised: 9/18/17 153

absolutely positive. You’ll never get away with this, Dylan. You and Carmen will never

154

be together.”

155

The police took Dylan away, but I am not sure if Dylan was in handcuffs. The

156

paramedics loaded me into the ambulance, and we went to the hospital. I was examined

157

by a doctor, who told me I was going to be fine. They kept me at Midlands City Hospital

158

for a day, but then I was released. The people at the camp drove Bailey to the hospital on

159

the morning of July 17.

160

When I got home from the hospital on July 17, 2017, I did not feel safe. I went to

161

get the gun I kept on the top shelf of the cabinet in our utility room. It’s usually just

162

sitting on the top shelf (unloaded of course), but I didn’t see it there. I also saw that the

163

box of 50 bullets that I kept in the cabinet had been opened. I counted the bullets and

164

there were only 49 left. I had not opened the box, and I don’t know where the other bullet

165

went. I told the police that the gun was missing, and they showed me a gun they

166

collected in a dumpster by the building. It was my gun! I didn’t recognize it when Dylan

167

attacked me on July 16, 2017. But Dylan must have taken it.

168

I still haven’t spoken to Carmen. I tried calling a few times, but Carmen won’t

169

answer. I still can’t believe this happened. I can’t believe that Carmen had an affair with

170

someone who would try to kill me. I don’t ever want to see Carmen again.

171

I am familiar with following exhibits:

172

Exhibit 4 the orange extension cord that Dylan used to strangle me. I had left it

173 174

on the kitchen counter after using it to plug in the vacuum cleaner the day before. Exhibit 5 is a photograph of my gun. It is registered in my name and I have a

175

permit to carry it. I identified it when the police showed it to me at the police station on

176

July 18, 2017. I don’t keep my gun in a gun safe, but Bailey knows not to touch it. I’m

177

trained in weapons safety, and when I need to relieve some stress or keep my skills sharp,

178

I go to DeRosa’s firing range and fire a few rounds.

179

Exhibit 6 is the key to my condo that I was told was found on the living room

180

floor of my condo in the mess caused by the fight. I was shown this by the police after

181

they collected evidence. I had never seen this particular key before that. All of the keys I

182

know about to our condo are on key rings but this one is not attached to anything. I do

6

Revised: 9/18/17 183

not know if Carmen gave this key to Dylan, but as far as I know it was not in the condo

184

before that night.

185 186 187 188 189 190 191

Exhibit 8 is the Everest I purchased on July 16, 2017. I did not take any and haven’t opened the bag. Exhibit 9 is a fair and accurate map of downtown Midlands City. I do not know if it is to scale. Exhibit 10 is fair and accurate diagram showing the floor plan of my condo in the Jaywood Building. It appears to be to scale, but I did not make it so I can’t be sure. Exhibit 11 is a tear-away calendar we keep in our condo for the months of July

192

and August. The preceding months are always thrown away after we use them.

193

Exhibit 12 is the prenuptial agreement Carmen and I entered into.

194

Exhibits 13 and 14 are photos of the back door to the Jaywood Building. I do not

195

know who took these photos. They were shown to me by the police. You need a key to

196

get in the back door under the maroon awning. That stairwell takes you right to the back

197

door of all the condo units. The door under the maroon awning is supposed to lock

198

automatically, but sometimes the door doesn’t latch closed. When that happens, you can

199

just pull the door open without a key. At the front door, there is a doorman (sometimes

200

Morgan Jones) and security cameras. You only need a key to get in the front door when

201

the doorman is not there. Residents can also unlock the front door from inside their

202

condo via a buzzer to allow guests into the building.

203

Exhibit 32 is the receipt I got from Dylan on July 16, 2017.

204

I am not familiar with any of the other exhibits in this case.

205

I swear or affirm the truthfulness of everything stated in this affidavit. Before

206

giving this statement, I was told I should include everything that I know may be relevant

207

to my testimony, and I followed those instructions. I know that I can and must update

208

this affidavit if anything new occurs to me until the moment before opening statements

209

begin in this case.

210 211

Signed:

212 213

Kerry Bell-Leon

Subscribed and Sworn to me on this 1st Day of August: Sarah Ramos Notary Public 7

Revised: 9/18/17 AFFIDAVIT OF MORGAN JONES 1

After being duly sworn upon oath, Morgan Jones hereby states as follows: I am over 18

2

and competent to make this affidavit. I am testifying voluntarily and was not subpoenaed

3

or compelled to testify.

4

I’ve known Kerry Bell-Leon for almost 30 years, back when Kerry was just Kerry

5

Bell and we were in the same kindergarten class. We’re both 38 now. Kerry and I lost

6

touch for a while from 2001 to 2004, but we reconnected in 2004 when I got my current

7

job as the building superintendent for the Jaywood Building in Midlands City. My job

8

makes me a jack of all trades: I’m part doorman, part handyman, part concierge, and part

9

security officer. The job was made more bearable by the fact that I was living in the

10

same building as Kerry, Kerry’s spouse, Carmen, and their 13-year-old child, Bailey.

11

I live directly beneath Kerry in the Jaywood Building. My condo has the exact

12

same floor plan as theirs and everything. Living so close makes it easy to spend a lot of

13

time together. But it wasn’t always so easy. I remember love-struck Kerry calling me in

14

2002 after meeting Carmen on an international trip to Ecuador. In 2003, Kerry convinced

15

me to meet them for dinner. I immediately disliked Carmen, and I told Kerry as much.

16

After a few cocktails, Kerry said Kerry was also uncertain, and Kerry told me, “If we

17

ever get married, Carmen is going to have to sign a prenup. This way, Carmen can never

18

get my money unless I were dead.” Things seemed to work out for them, even though I

19

wasn’t around to see that. They got married later that year and Bailey joined their family

20

in 2004. That same year, I moved into the Jaywood Building… just in time to help with

21

diaper duty and some occasional babysitting.

22

At this point, Kerry and Carmen’s marriage was on the rocks. They were usually

23

civil to each other in public, but you could tell that something wasn’t right. I chalked it

24

up to baby stress, but after a couple of years, it was clear that their relationship was

25

always going to be tense. Kerry is someone who can get jealous for no reason, and

26

Carmen is a pretty flirtatious and affectionate person. So I could see why Kerry would

27

get worried, but it seemed to be all the time. I remember Kerry storming out of Chuggies

28

(the bar next to the Jaywood Building) one night when the bartender seemed to get a little

29

too close to Carmen. I can’t believe they stuck together after that. There was something

30

always sinister about Carmen. 1

Revised: 9/18/17 31

Even though I’m no expert on marital relations (and have a couple divorces to

32

show for it), it was pretty obvious that Kerry and Carmen’s relationship was in a free fall

33

around Thanksgiving 2014—right after Kerry got a promotion and started working more

34

hours. With the promotion, Kerry was away even more nights a week. Kerry told me

35

that, when Kerry was home, Carmen didn’t seem as interested in spending time with

36

Kerry. Kerry and I started spending a lot more time together. I’d like to think it was

37

because we were best friends, but I know—at least in part—it was because I was just

38

easy to talk to and was only a flight of stairs away.

39

I tried to assure Kerry that everything would work out with Carmen, even though

40

I didn’t really believe it. And, boy, was I right. Things got worse quickly. On July 2,

41

2017, Carmen admitted to Kerry that Carmen was having an affair with Dylan Hendricks.

42

That day, Carmen took off to Ecuador. The following day, Kerry took Bailey to a month-

43

long sleepaway camp. When Kerry got home from taking Bailey to camp, Kerry came

44

down to my condo and pounded on the front door at about 11 P.M. Kerry wanted to

45

know if I saw anything unusual happening in the condo building while Kerry was gone

46

the last couple of months. Kerry was really out of sorts, so I said that I never saw

47

anything suspicious.

48

That was a lie. On the days Kerry was traveling for work in May and June 2017

49

(and only those days, like clockwork), there was a soup truck named “Souper Soups”

50

parked on Main Street right in front of the Jaywood right around 9 A.M., and it would

51

usually disappear before 11 A.M. On those days, I often ran into someone named Dylan

52

Hendricks, wearing a maroon “Souper Delicious” shirt in the elevator. That person was

53

always going to the sixth floor, the floor Kerry and Carmen lived on. I didn’t think it was

54

odd at the time because I thought maybe the food truck did in-home delivery, and Dylan

55

was always carrying soup. But the more I thought about it, the more I realized how weird

56

it was that someone was regularly eating soup for breakfast.

57

Then, on June 18th, 2017, I got on the elevator with the maroon-shirted person on

58

my way to the Bell-Leons’ condo. When I realized I was being followed to the front door

59

of that condo, I acted like I was getting my keys out to go into the neighboring condo to

60

fix something. As I was fumbling with my keys, I watched as Dylan knocked on

61

Carmen’s door. To my horror, Carmen opened the door, laughed and said, “I really need 2

Revised: 9/18/17 62

to give you a key,” and then Carmen greeted Dylan with a kiss. I was sick to my

63

stomach. My stomach dropped another notch when Carmen made eye contact with me

64

before Dylan closed the door behind them.

65

I was torn about what to do, and stewed about it the rest of the morning. On one

66

hand, Kerry is a good person and deserves to be treated honorably. On the other hand,

67

part of being a super is having discretion. Plus, I was really worried about what would

68

happen to their kid if they got a divorce, and I didn’t want to insert myself into drama

69

where I didn’t belong. But, when I went back to my condo to grab some lunch, I saw that

70

someone had slid something under my door. It was a note that said, “Don’t say anything.

71

If you do, I’ll tell everyone that you are addicted to Everest.” I’ll admit that the note

72

scared me off from saying anything to Kerry.

73

The next time I saw Carmen was on June 30, 2017. I was changing the light bulb

74

underneath the awning at the back door of the Jaywood Building. I heard Carmen and

75

Dylan talking as they were walking down the fire escape (which is basically just a

76

staircase at the back of the building into the back parking lot). Carmen said, “Do you

77

know how to use it?” Dylan said, “I think so. I’ve never fired one before but how hard

78

can it be? I’ll get rid of it after I do it.” Carmen said, “Yes, and then I’ll see you soon.”

79

They walked out of the back door, saw me on my ladder, and stopped talking. Dylan

80

walked away and Carmen went back upstairs.

81

Even after Carmen left the country on July 2, 2017, I kept seeing Dylan Hendricks

82

around our condo building. Over the week of July 3, I saw the soup truck parked outside

83

our building for an hour or so at a time at all times of day. More disturbingly, on July 5,

84

as I was walking down the fire escape to my car in the parking lot behind the Jaywood

85

Building, I saw Dylan standing in the parking lot. As soon as Dylan saw me, Dylan ran

86

away and seemed to tuck something in Dylan’s pants. With Carmen out of the country, I

87

had no idea why Dylan was hanging around our building, let alone our parking lot. I

88

thought about reporting the trespassing to our property manager (my boss), and in

89

retrospect I probably should have.

90

Plus, with Carmen gone, Kerry was in really bad shape. Beginning in early July

91

2017, Kerry started coming down to my condo to watch TV a lot. I must admit, I was

92

shocked when one night Kerry came to my condo and asked if I had any Everest. Everest 3

Revised: 9/18/17 93

is a new designer drug that makes you elated and energized. Everest is illegal in

94

Midlands. It’s very addictive and supposedly blurs your memory of what you

95

experienced while on it. But I’ve never felt that myself even though I have taken Everest

96

off and on for a few years. I’m not a prude or anything, so I was always happy to share.

97

In July 2017, I saw Kerry take a lot of Everest, but I only got concerned once when I saw

98

Kerry taking what looked like some Everest at a party the night before a flight. I’m

99

pretty sure that pilots are supposed to wait at least eight hours to fly after drinking, and

100

Kerry was always careful about this. “Eight hours from bottle to throttle,” Kerry would

101

always say. And, I’d bet that the same holds true for Everest. It was probably all right

102

though. Kerry always followed the rules. Besides, I heard that Everest doesn’t stay in

103

your system that long.

104

My birthday is July 16, and we had planned a party at Chuggies. I had wanted to

105

get to the bar by 9:00 P.M. (the time we were supposed to meet everyone), but for some

106

reason Kerry took a long time getting ready. Kerry seemed really tense the whole walk

107

over. We walked into Chuggies around 9:30 P.M., and my friends were already there. I

108

kept trying to walk around and talk to everyone, but Kerry kept pulling me aside to talk

109

about Carmen’s affair. After about ten minutes, I could tell that this party needed a bit of

110

a boost. I took out my Everest pills, but saw that I only had one left. I gave it to Kerry,

111

because Kerry was being a real downer. Kerry took the pill at 9:40 P.M. I didn’t take any

112

Everest on the night of July 16, 2017.

113

It must have been a few minutes after 10:00 P.M. when I heard Kerry on Kerry’s

114

phone. I remember the time, because the second band had just gone on, and they usually

115

start their set around 10:00 P.M. Kerry said Kerry had to run out for a few minutes “to

116

go get some soup” and would be right back. At least, that’s what I thought I heard, but it

117

was very loud with the band playing. I got a little concerned, because I could see that

118

something wasn’t right and I thought that Kerry wanted to get some more Everest. Kerry

119

had already taken one pill, and one is always enough.

120

Fifteen (maybe twenty) minutes later, I went looking for Kerry. I walked around

121

the block, saw some food trucks (including Souper Soups) but didn’t see Kerry. I

122

checked my watch and it was already 10:45 P.M. Kerry took my last bit of Everest and

123

had now just disappeared! This was not how I planned to spend my birthday. I was 4

Revised: 9/18/17 124

hoping Kerry just went home, so I headed in that direction. As I walked into the parking

125

lot behind our building, I saw someone in the parking lot. I remember the person was

126

wearing jeans, a navy jacket, and possibly had gloves on. I didn’t recognize the person

127

and thought the person looked suspicious, so I went around to the front of the building to

128

go inside. It was 10:58 P.M. Just as I got off the elevator on the 6th floor, I heard a lot of

129

noise coming from Kerry’s room. I ran to see what was going on.

130

I was worried about Kerry because of the Everest, so I didn’t even knock. The

131

door wasn’t locked and I went in. Right in the middle of the living room I saw someone

132

on top of Kerry with something around Kerry’s neck. Someone was strangling Kerry.

133

As soon as I came in, the person turned and ran. I was shocked so I didn’t move right

134

away. The strangler ran towards the back door and picked up a gun in the hallway on the

135

way out the back door. I ran after the person, but once I got to the back door of the condo

136

the person was already going down the fire escape. It sure seemed as though this person

137

was familiar with the building. I didn’t want to leave Kerry, so I ran back inside.

138

At that point, I noticed that the cabinet door in the utility closet was open. I knew

139

that Kerry owned a gun, and Kerry’s gun was kept in the utility closet. I didn’t see the

140

gun in the cabinet, though. I knew the gun was usually there because I saw it when I was

141

working on the hot water tank in their utility room in February 2017. In February, the

142

gun was just sitting on the top shelf next to a sealed box of bullets, I did not ask Kerry

143

about it, and I did not know if it was loaded. I never saw a gun safe in the condo.

144

When I went back into the living room, I saw Kerry lying unconscious on the

145

ground. There were no lights on in the living room. The only light was coming from the

146

TV. I turned on the light and only then saw that there was an extension cord right beside

147

Kerry. I immediately called 911. It was 11:01 P.M.

148

I did not see who the strangler was. I didn’t see the person’s face or hear the

149

person’s voice. It was so dark in the living room that I couldn’t even tell you the

150

person’s height or weight or whether it was a man or a woman. The only thing I know

151

about the strangler is that the person was wearing dark colored clothes and was wearing

152

purple gloves. But when Kerry came to, Kerry told me it was Dylan Hendricks, and I

153

believe Kerry.

5

Revised: 9/18/17 154

I can’t believe that Dylan tried to kill my friend. In the hospital, Kerry told me

155

that Dylan and Carmen must have been planning something like this for months. I can’t

156

believe that Carmen is still in hiding after this, but at least they caught the person who

157

tried to kill Kerry.

158

I am familiar with following exhibits:

159

Exhibit 4 is the orange extension cord that I saw next to Kerry.

160

Exhibit 5 is a picture of Kerry’s gun. I saw it only once, and it was on the top

161

shelf of the cabinet in the Utility Room. It was not in a gun safe. There is also an

162

unopened box of bullets in the cabinet.

163 164

Exhibit 7 is a pair of purple gloves. They appear to be the same color as the gloves I saw on the person strangling Kerry Bell-Leon.

165

Exhibit 8 is Everest; I recognize it from the smiley faces on the pills.

166

Exhibit 9 is a fair and accurate map of downtown Midlands City. I am not sure if

167 168

it is to scale. Exhibit 10 is a floor plan of the Bell-Leon residence. My condo is directly

169

beneath theirs and has the same general floor plan, but the furniture is not in the same

170

positions. It appears to be to scale but I can’t be sure because I did not make it.

171

Exhibits 13 and 14 are photos of the back of the Jaywood Building. The police

172

showed me these photos, but I’m not sure who took them. You need a key to get in the

173

back door, which is under the maroon awning. That stairwell brings you to the back door

174

of all the condo units on that side. The door under the maroon awning should lock

175

automatically, but sometimes the door latch doesn’t close. If that happens, you can just

176

pull the door open without a key. I was asked by residents to fix it for months but I never

177

got around to it. There is a doorman (usually me!) at the front door and there are security

178

cameras. You only need a key to get in the front door when a doorman isn’t there.

179

Residents can also unlock the front door via a buzzer in their condos if they want to allow

180

guests into the building. All of the individual condo keys also open the back door to the

181

building, so you only need one key to get into the building and condo. Of course, each of

182

the condo units has different keys.

183 184

Exhibit 29 is the note that was slipped under my door the same day I saw Carmen kiss Dylan Hendricks. 6

Revised: 9/18/17 185

I am not familiar with any of the other exhibits in this case.

186

I swear or affirm the truthfulness of everything stated in this affidavit. Before

187

giving this statement, I was told I should include everything that I know may be relevant

188

to my testimony, and I followed those instructions. I know that I can and must update

189

this affidavit if anything new occurs to me until the moment before opening statements

190

begin in this case.

191 192

Signed:

193 194

Morgan Jones

Subscribed and Sworn to me on this 1st day of August 2017: Sabrina Kuethman-James Notary Public

7

Revised: 9/18/17 AFFIDAVIT OF BAILEY BELL-LEON 1

After being duly sworn upon oath, Bailey Bell-Leon hereby states as follows: I am 13

2

years old. I know the difference between the truth and a lie. I wrote this statement by

3

myself. Everything in this statement is the truth. I am testifying because the court sent

4

me a letter called a subpoena. It said I had to tell the court what I know.

5

I was born on May 7, 2004. I’m a student at Midlands City Middle School. I will

6

be in the eighth grade starting in August 2017. My parents are Carmen and Kerry. Kerry

7

is a pilot and travels a lot for work. But Kerry brings me back cool things from the

8

countries Kerry flies to. Carmen is a stay-at-home parent. Carmen’s favorite country is

9

Ecuador, which is where Carmen grew up. The three of us live in condo number 6A on

10

the sixth floor of the Jaywood Building. I don’t have any pets, but I think I should have a

11

pet. We have lived there since I was born. I only know one other person who lives in our

12

condo building. That person is Morgan. Morgan and Kerry are best friends. Morgan is

13

also in charge of everything that happens in our building. Morgan is the person I call

14

when I lose my condo key. I do that sometimes, but when I keep the same key for three

15

months, I get to have a sleepover with three friends. Morgan is really nice and sometimes

16

used to check in on me when I was home alone on my parents’ date night. I haven’t lost

17

my key since I was 12 though. I am very responsible.

18

My parents argue a lot. More than any of my friends’ parents. Sometimes they

19

argue when I have friends over. I think they started arguing more in 2014 right around

20

Christmas. Kerry got a big promotion and started working more days. I thought the

21

arguing would get better once we all got used to the new schedule. But it didn’t.

22

I take piano lessons from Linda. I have taken piano lessons since second grade.

23

My piano lessons are always on Tuesdays from 4:00-4:30 after school. I walk to my

24

piano lesson after school and Carmen picks me up. I remember after my piano lesson on

25

April 4, 2017, Carmen picked me up at Linda’s house. Carmen told me that we were

26

going to stop to pick up dinner at a food truck. I thought it was weird. But Carmen is a

27

horrible cook. Carmen never makes food I like so I thought at least this way I would get

28

to pick something that I like for dinner. Carmen drove us to a food truck across the street

29

from the courthouse on Leckrone Lane in Midtown. The food truck only served soup.

1

Revised: 9/18/17 30

All I remember is that it was way too hot to eat soup. But I like soup so I didn’t say

31

anything.

32

I should have said something. There was only one person working in the food

33

truck. That person had a nametag that said “Dylan” on it and was wearing purple gloves.

34

I think Carmen and Dylan knew each other. Carmen was being really embarrassing.

35

Carmen made a couple of really bad jokes and Dylan laughed really hard like they were

36

funny. They weren’t funny. And the soup was even worse than the jokes.

37

The next Tuesday (April 11) after my piano lesson, Carmen and I did the same

38

thing. It was worse. Both the jokes and the soup. In addition to suddenly becoming a

39

comedian, Carmen also became a fashion critic, telling Dylan that the maroon “Souper

40

Delicious!” uniform t-shirt that Dylan was wearing brought out the color of Dylan’s

41

eyes. I wanted to die. Dylan was still wearing purple gloves, which looked dumb. When

42

we got home, I told Carmen I was going on a hunger strike. Carmen didn’t care about

43

my hunger strike, but a few days later Kerry said if I did not clean my plate at dinner I

44

would be grounded. I got grounded. It was awful. Kerry took my phone, so I couldn’t

45

text my friends that whole week.

46

Carmen understood that it was a cruel and unusual punishment not to have a cell

47

phone, so Carmen let me use Carmen’s phone to call my best friend Sawyer. I knew I

48

was just supposed to call Sawyer and not play games on the phone, but Carmen was

49

watching TV. When I opened the phone to call Sawyer, I decided to do some snooping.

50

The recent text messages were boring, so I scrolled to some old ones. That’s when I saw

51

text message conversations between Carmen and people named Jesse and Paris. I didn’t

52

know who Jesse and Paris were, so I read the messages. I didn’t know what they meant,

53

and I thought some of them were weird so I took screenshots of them and sent them to

54

my phone from Carmen’s phone. Then I deleted the messages to my phone on Carmen’s

55

phone so Carmen wouldn’t know I sent them. I can be sneaky like that. Exhibits 27 and

56

28 are the messages from Carmen to Jesse and Paris.

57

After I sent myself the text messages, I saw an app called Tender that had a heart

58

logo. I knew Tender was a dating app because I saw ads for Tender on the internet. I

59

know that people use Tender to find new friends and lots of people find their soulmate

60

with Tender. I decided to find out who Carmen was talking to on Tender. When I opened 2

Revised: 9/18/17 61

Tender, I saw that Carmen had a few friends on the app. When I opened the app, the most

62

recent person Carmen had talked to on Tender was named Dylan. I looked at Dylan’s

63

profile and saw that it said something about soup. I screamed really loud and threw the

64

phone on my bed. I did not read any of the messages between Carmen and Dylan.

65

Carmen came in, and I asked Carmen if Carmen was talking to Soup Dylan on Tender.

66

Carmen said that Carmen was. Carmen took the phone back and told me I couldn’t leave

67

my room until the morning. I told Carmen that I would tell Kerry about Dylan. Carmen

68

told me Carmen would buy me tickets to a concert at the Midlands Arena if I kept my

69

mouth shut. So I did until I wrote this for the court. I am very good at keeping secrets.

70

The next time I saw Dylan was June 1. My school doesn’t have air conditioning

71

so we get out of school early when it is really hot. We got out early that day because it

72

was like a million degrees outside. I told Sawyer we should go to the pool, so we walked

73

home at 12:30 P.M. so I could get permission and get money and my swimsuit. When I

74

walked in the front door to the condo, I heard Carmen in the kitchen. Carmen said, “Well,

75

I’ll have more free time as soon as this month is over. Just look.” I didn’t know who

76

Carmen was talking to, but the sound was coming from the kitchen. As I walked in to the

77

living room, I saw Dylan by the refrigerator lifting up the front page of our family

78

calendar (so you could see July), and taking a picture of it with Dylan’s cell phone.

79

Exhibit 11 is our family calendar.

80

Carmen told me that Dylan and Carmen were talking about cooking because they

81

both like recipes. I asked if I could go to the pool with Sawyer and Carmen gave me $25

82

for the pool and to buy candy. When I was changing into my swimsuit, I heard them

83

arguing. I heard Dylan say, “What are we doing? I want to stop sneaking around. You

84

need to leave Kerry.” Carmen said, “It’s not that easy. I had to sign a prenup, and I

85

wouldn’t have a way to take care of Bailey. We need to find another way out of this.”

86

Then I went to the pool.

87

I heard Dylan in our condo on June 25. Kerry was out of town for work. I wanted

88

to go to Sawyer’s house to watch a movie. Carmen was watching TV in the living room

89

and said it was ok. It was 2 P.M. I forgot my backpack and came home about 15 minutes

90

after I left to get it. I used my key to come in the back door and grabbed my backpack

91

from my room. I didn’t say anything to Carmen as I walked in. I don’t think Carmen 3

Revised: 9/18/17 92

knew that I came back. I was about to walk out the back door when I heard someone use

93

a key to unlock the back door. I hid in the corner of the utility room behind the back door

94

as it opened. The door is solid wood so no one can see you when you hide there. I saw

95

Dylan walk in the back door. Dylan was holding a key. Dylan walked into the living

96

room. Carmen was still watching TV and the TV was still loud. I stayed hidden in the

97

utility room but peaked my head into the hallway when I heard Carmen say, “Before we

98

do anything else, we need to talk. I’m going to Ecuador next week for a few weeks while

99

Bailey is at camp. I want you to get rid of Kerry.” Then, I heard Dylan say, “I’m not

100

sure what you mean.” Carmen said, “I think you do.” Dylan didn’t say anything back.

101

That’s when I left out the back door to go to Sawyer’s place. I didn’t say anything to

102

Kerry about that conversation. I thought Carmen was staying in Midlands while I was at

103

camp.

104

I asked Carmen the next morning if Carmen and Kerry were going to get a

105

divorce. Carmen told me that would never happen, but, if they did, I would have to live

106

with Kerry. That made me sad. I want my parents to stay together.

107

The last time I saw Dylan in the condo was on June 30, 2017. That was the time

108

Dylan was holding the gun. Kerry was gone, and Dylan came over to see Carmen. I was

109

in my bedroom with my headphones on. I saw Dylan walk down the hall towards the

110

Utility Room and remembered I was supposed to fold the laundry. I went to the Utility

111

Room and saw Dylan looking in the cabinet. Dylan took the gun from the cabinet. I

112

backed out of the utility room and went to my bedroom. I don’t think Dylan saw me. A

113

few seconds later, Carmen walked towards the back door, and Dylan and Carmen left.

114

July 2, 2017 was super weird. I was packing for camp in my bedroom. I heard my

115

parents talking in their bedroom. Carmen told Kerry that Carmen had an affair with

116

Dylan. Carmen said the affair was over. Then Carmen said Carmen was going to

117

Ecuador to see Carmen’s family. Kerry was mad. Kerry said, “You can’t just leave. We

118

have to work this out. You can’t just tell me you were having an affair and then leave the

119

country.” Carmen said, “Why not? You leave the country every week.” Kerry

120

responded, “That’s my job. We have to make this right. When will I see you again?”

121

Carmen responded with “I don’t know. Maybe never.” I tried to ignore the argument.

4

Revised: 9/18/17 122

But then Carmen came into the room to talk to me. A few minutes later, Carmen was

123

heading out the door. I haven’t seen or heard from Carmen since that day.

124

On July 2, after Carmen left, I saw Dylan sitting in the Souper Soups food truck

125

outside the front of our building when I was home with Kerry. It was creepy. But I

126

didn’t say anything to Kerry. It was Dylan’s fault that Carmen left, so I decided to go tell

127

Dylan how mad I was. I went downstairs, out the front door, and up to Dylan’s soup

128

truck. Dylan wasn’t selling anything and it didn’t even look like Dylan had made any

129

soup. I said to Dylan, “This is all your fault you stupid soup slurper.” Dylan said back to

130

me, “Don’t worry, Bailey. You won’t be seeing me anymore. I plan on staying away

131

from your entire family. Carmen left me and I don’t love Carmen anymore.” Dylan

132

looked sad and I believed Dylan, so I went inside to finish packing.

133

Kerry drove me to the bus for sleepaway camp at Riverside Camp the next

134

morning, July 3. Camp was fun. I was supposed to be at camp for a month. But I left on

135

July 17 because Kerry got hurt. I know Kerry was supposed to be strangled, but I didn’t

136

see any bruising or marks at all when I went to the hospital on July 17. Around noon on

137

July 17, 2017, I visited Kerry at the hospital. I came back to the room after getting a drink

138

from the soda machine, and Kerry was talking to a doctor. The doctor asked, “Hi Kerry,

139

I am just following up after getting your test results. How are you feeling?” Kerry said,

140

“Physically, I feel ok. But I’m really drained mentally.” Then the doctor said, “Well that

141

will happen when you take Everest. Can you remember what happened last night?” Kerry

142

responded, “Not really. It’s all a little hazy.” Then Kerry looked at me in the doorway

143

and said to the doctor “Can we talk about this later?” and nodded at me. I know Everest is

144

a mountain and sometimes people die when they climb it. We went home from the

145

hospital later that day. Now Kerry is home all of the time. I hope Carmen comes home

146

soon.

147

Some people have asked me if I know anything about drugs. I know drugs are

148

bad, and I am pretty sure some people sell them in the parking lot behind the Jaywood

149

Building. I have seen some pretty shady people back there. I am not supposed to go to the

150

parking lot alone at night. But sometimes, when we get home late and park in the lot

151

behind the building, I will see people trade pills for money. I have never seen anyone I

152

know do this, though. 5

Revised: 9/18/17 153

I am familiar with following exhibits:

154

Exhibit 4 is an extension cord I have seen in our house. My parents use it to plug

155

in the vacuum. I don’t vacuum.

156

Exhibit 5 is a picture of Kerry’s gun. I know it is kept on the top shelf of the

157

cabinet in the Utility Room. I have never touched it. Ever since a kid in my school

158

district named Sydney got killed playing with her neighbor’s gun, we’ve had to sit

159

through so many gun safety presentations that I know better than to touch it. The gun is

160

just left out on top shelf of the cabinet. It’s not in a gun safe. There is also an unopened

161

box of bullets in the cabinet. After I got home from summer camp, the gun was gone and

162

the box of bullets was open.

163 164 165 166 167

Exhibit 7 is a pair of purple gloves. They are the same color as the ones I saw Dylan Hendricks wearing at Dylan’s food truck. Exhibit 9 is a map of the area around our condo in downtown Midlands City. It looks like all of the buildings are in the right places. Exhibit 10 is a map of our condo. Everything looks like it is the right size but I

168

don’t know for sure. When all the lights are out in the condo, it is really dark. When my

169

parents watch TV in the living room, I can sneak into the bathroom or out the condo’s

170

back door without anyone seeing me.

171

Exhibit 11 is the tear-away calendar for the months of July and August 2017. I

172

get to tear the old month off on the first day of each month and throw out the old month.

173

The calendar is in our kitchen. It was weird that Carmen didn’t write anything on the

174

calendar pages for any month after July. Usually Carmen keeps the calendar up to date to

175

make sure that everyone knows what everyone is doing.

176

Exhibits 13 and 14 are pictures of the Jaywood Building from the parking lot. I

177

do not know who took those pictures, but I can even take better pictures with my phone.

178

These pictures were shown to me by the police. You need a key to get in the back door

179

(the one under the maroon awning) so you can go up those stairs. That stairwell takes

180

you right to the back door of the condos. I only need to carry one key, because it opens

181

the back door to the building and our condo door. But the key doesn’t open other condos.

182

I tried it in our neighbor’s door once. The door under the maroon awning swings closed

183

and locks automatically. I’ve been locked out lots of times because the door locked 6

Revised: 9/18/17 184

behind me when I took the garbage out. I even got locked out the day I left for camp in

185

July 2017 because I left my key in my room so I didn’t lose it at camp but then I forgot

186

my pillow so I had to go back to the condo and the door was locked and I and had to go

187

around to the front door so that the doorman could let me in.

188

Exhibits 27 and 28 are screenshots of the text messages between Carmen and two

189

other people that I took and sent to my phone. I told the police about them when they

190

asked to see my phone.

191

I promise that everything I wrote is true. I know that I have to write down

192

everything I know that could possibly be important. I know that if I remember anything

193

that I forgot to write down I have to update what I wrote even if it is right before the trial

194

starts. I promise that I will do that.

195 196

Signed:

197 198

Bailey Bell-Leon

Subscribed and sworn to me on this 1 st day of August 2017: Areeb Rahimzadeh Notary Public

7

Revised: 9/18/17 AFFIDAVIT OF CHARLEY WATERS 1

After being duly sworn upon oath, Charley Waters hereby states as follows: I am over 18

2

and competent to make this affidavit. I am testifying voluntarily and was not subpoenaed

3

or compelled to testify.

4

My name is Charley Waters and I am currently a proud resident of Midlands,

5

although I have traveled to some of the most famous cities in the world. I make a living

6

as a street performer. I love my life. Well, everything but my love life.

7

During the weekdays, I play in the courthouse square in midtown. It’s a nice way

8

to brighten the day for folks who are having some of the worst days of their lives. At

9

nights—including the night of July 16, 2017—I set up my station across from Sarah’s

10

Music Café on Parker Street. I am usually directly behind the Jaywood Building parking

11

lot (where I was on July 16). From there I can attract people from the best restaurants,

12

clubs, and even walking to and from their cars. I like to get set up every evening around

13

5 P.M. This guarantees me the best spot. I typically have a case open in front of me and

14

a little mic and speaker that the folks at Sparkle & Shade let me plug into their building.

15

On a given night, I can make anywhere from $150 to $200, but on weekend or festival

16

nights, I can make a cool grand. During wedding season, I also get a pretty steady

17

business out of the bachelor and bachelorette party scene, especially if I am able to play

18

the betrothed’s “song.” Believe me when I say that I have every Celine Dion and Ed

19

Sheeran song committed to memory.

20

Since I tend to play the same places every day, I have gotten to know the local

21

business owners pretty well. Most of the people running the restaurants sneer at my

22

presence but accept it. The folks at the food trucks are a lot friendlier. Some of them

23

even give me free food. That’s how Dylan Hendricks and I got to know each other.

24

Dylan has a permit for the courthouse square in midtown, and Dylan operates there pretty

25

much every day for the lunch and after work rushes. I started talking with Dylan at the

26

food truck one day, and we became friends. Dylan is a good person. That’s why I don’t

27

believe Dylan could be involved in anything criminal. Dylan and I would talk a lot about

28

our relationships and our dating struggles.

29 30

Turns out, we both used Tender and had both met up with the same person only to find out the Tender profile was a ruse to sell Everest. I had no idea people used a dating 1

Revised: 9/18/17 31

app to sell drugs, especially illegal ones! But one day I matched with “Mickey” and

32

thought it was cool that “Mickey” had all these little symbols of instruments on the

33

profile. Little did I know, those symbols were codes for where and how to get my hands

34

on all sorts of little pills and powders. I met up with “Mickey” once, on what I thought

35

was a date, only to find out that “Mickey” was expecting to make a sale when “Mickey”

36

offered me Everest. I was crushed. I didn’t buy anything. I had heard stories about

37

people who got addicted and I decided I was better off without it. Turns out Dylan had

38

been through a similar experience with “Mickey” and also didn’t buy the Everest. I’m

39

not surprised. Dylan is way too straight-laced to ever do any kind of drug.

40

In addition to swapping bad date stories, we also shared the good ones. In

41

February 2017, I had recently gotten into a pretty nice relationship and Dylan had

42

connected with someone Dylan believed had marriage potential. Dylan showed me the

43

Tender profile of “the one” and right away I said, “I know that person!” I recognized the

44

face in the profile. Exhibit 16 is the profile Dylan showed me. It was someone I had seen

45

downtown, but the person I knew seemed to be married with a kid. I always saw the

46

person with another person and a middle schooler. I was pretty sure they lived in the

47

Jaywood Building. Dylan told me unconvincingly that I must be mistaken, but

48

something in the way Dylan spoke made me think Dylan was lying.

49

Then, in June 2017, Dylan told me that “the one” had agreed to run away with

50

Dylan. I was stunned. Dylan had a great business and a life in Midlands and I did not

51

understand why Dylan would need to run away to be with anyone. I asked Dylan why

52

they had to “run away.” Dylan just said, “it’s complicated” and “this is about true love,

53

you don’t understand, you have never felt what I feel. This is my soulmate.” I told

54

Dylan to find out if “the one” was married and Dylan said, “you don’t understand, it

55

doesn’t matter. I love Carmen. Carmen loves me. Everything else is just meaningless.”

56

I got angry at that. My parents split up when I was a teenager because of an affair. I

57

didn’t think of it as “meaningless.” I’ll admit that I started to think of Dylan a bit

58

differently after that. Especially when, on a couple of afternoons, I saw the person I

59

thought was Carmen go up to the food truck with a child in tow, ordering soup and

60

giggling like a five-year old. It was pretty gross, to be honest, but mostly I was just

61

worried that Dylan was going to get really hurt. 2

Revised: 9/18/17 62

I stopped seeing Carmen come around downtown at the beginning of July. I did

63

not know what happened until July 16, 2017. That day sticks out for a couple of reasons.

64

First, like I said earlier, I had set up shop by Sarah’s downtown at 5 P.M. that night. At

65

around 7 P.M., I saw Dylan pull the Souper Soups truck into line with the other food

66

trucks. I’d never seen Dylan sell soup downtown before, and Dylan had told me several

67

times Dylan wanted to get a permit to sell downtown but couldn’t get it approved.

68

Instead, Dylan’s permit only allowed Dylan to sell in low-traffic areas, like the

69

courthouse square in midtown. Then, later that night, I saw a receipt for a firing range in

70

my case wrapped inside a five-dollar bill. That receipt is Exhibit 31. That happens

71

sometimes—people drop pieces of paper or gum wrappers in my case when they get

72

wrapped up with the cash in their pocket. I can’t be certain when the bill and the receipt

73

were dropped in my case because I am totally immersed in making music while I’m

74

playing, but when I was counting my earnings around 9 P.M., I saw the money and the

75

receipt. I picked up the receipt and read it. It was Dylan Hendricks’s receipt. I was

76

surprised because I did not think Dylan owned a gun. Dylan even told me that Dylan did

77

not like guns. I held onto the receipt so I could ask Dylan about it, but I never got the

78

chance.

79

My set list was probably a little bluer than usual that night. I had a hard time

80

concentrating. I do remember looking at my phone around 10:20 P.M. to check the time.

81

I played two more songs, my original “Men aren’t Dogs, Dogs are Loyal” and a Miranda

82

Lambert cover which I’m guessing made it about 10:25 P.M. when an argument in the

83

parking lot behind me interrupted my song. They must have been behind a car or

84

something, because I couldn’t see either person. But I heard their voices. I recognized

85

one voice; it was “Mickey.” I didn’t recognize the other voice, but the person started

86

yelling about Everest. At first, I didn’t hear what they were saying, but after I stopped

87

playing I heard Mickey say, “If you can’t pay, you need to stop bugging me. This isn’t

88

free.” The other person yelled, “Whatever, I’ll just get it somewhere else.”

89

At 10:30 P.M., I saw the person I’ve come to know was Kerry Bell-Leon walk

90

down Pearl Alley into the Jaywood Building parking lot. At the time, I recognized Kerry

91

as someone who was always around the area. I believe Kerry was the same person I saw

92

with Carmen sometimes, but I never told Dylan that. I felt like Kerry could take Dylan in 3

Revised: 9/18/17 93

a fight if it ever came to that, and I didn’t want to cause any trouble. The week before, I

94

had even seen Kerry meet up with “Mickey” once over in the parking lot behind the

95

Jaywood Building. I’m assuming Kerry was meeting “Mickey” for a little pick-me-up.

96

The night of July 16, when I saw Kerry walk into the parking lot, Kerry was a bit glassy-

97

eyed and morose, maybe a bit clumsy. I couldn’t tell if it was from alcohol or drugs, but

98

I had no reason to think Kerry knew anything about Dylan or Dylan’s relationship with

99

Carmen.

100

Kerry walked over to the area of the parking lot where I heard the voices arguing

101

about Everest earlier. Kerry went behind some cars and was out of sight, but I could still

102

hear. The voice I recognized as Mickey’s said, “Back for more, eh? You gotta be

103

careful. This stuff is addictive. It’s also not cheap, not that I’m complaining about your

104

business.” Kerry said, “I’m not in the mood today, Mickey. Let’s make this quick. By

105

the way, I’d appreciate it if you sold this junk somewhere else. My kid lives here. At

106

least for now.” I didn’t hear anything else for a few minutes and I didn’t see anyone

107

leave the parking lot, so I am not sure where they went.

108

Then Kerry came out from behind the cars and walked to the back entrance of the

109

Jaywood Building. Kerry got out keys, unlocked the door and went inside. The door

110

swung behind Kerry, but I’m not sure it closed all the way. I could see light coming from

111

inside the building between the edges of the door and the doorframe. I don’t think it was

112

like that before, but I wasn’t looking closely so I can’t be sure.

113

About ten or fifteen minutes after Kerry went inside the building, I saw someone

114

else under the maroon awning of back door of the Jaywood Building. At first, I admit

115

that I thought it could be Dylan. I couldn’t see the person very well because it was dark

116

out and the person was only at the back door for three or four seconds. But the person

117

looked to be around the same size as Dylan, and the Souper Soups uniform is a dark t-

118

shirt and pants or jeans, and the person I saw was wearing dark clothing. The person was

119

also wearing purple gloves. I feel like I would have been surer, though, if it had actually

120

been Dylan because I know Dylan so well. I had also never seen Dylan wearing purple

121

gloves before. Like I said, it was very dark.

122 123

The person was carrying something. I think it was a gun, but I didn’t really get a good look at what the person was holding. It was definitely something metal and bigger 4

Revised: 9/18/17 124

than a key. I didn’t see the person holding anything else. As far as I know, Dylan doesn’t

125

own a gun.

126

Whoever it was quickly went under the maroon awning, in the back door of the

127

building, and up the fire escape to the sixth floor. In the daytime you can see who’s on

128

the fire escape from outside the building, but it was too dark now, so I only saw a

129

shadowy figure moving around. Just after I saw the second person go through the door on

130

the sixth floor, I heard someone yell (I’m not sure who), then a crash, and then a second

131

crash. A minute or two later, I saw someone running down the fire escape. The person

132

ran out of the back door of the Jaywood Building under the maroon awning. Again, it

133

looked like Dylan, but I didn’t get a good look. This time, I didn’t notice the purple

134

gloves. It was dark and this time the person was running so the person was only under

135

the awning for less than a second. But the person did run in the direction of the food

136

trucks, down Pearl Alley, in between Chuggies and Sparkle & Shade. The person threw

137

something in a dumpster behind Sparkle & Shade on the way into the alley.

138

I wanted to run to the food trucks to get a better look, but had to pack up my

139

things. I did it as fast as I could, but it was 11:10 P.M. by the time I got through the

140

crowd to the food trucks. I was relieved to see the Souper Soup truck was gone. I figured

141

Dylan must have left before everything happened. That’s a little early for a food truck to

142

shut down downtown, but I thought maybe Dylan didn’t know since Dylan had never

143

sold downtown before. Moving a food truck isn’t easy; it takes a lot of time to pack

144

things up and close the truck down. I think it would be hard for Dylan to get from the

145

Jaywood Building to the truck and get it ready to move in 20 minutes.

146

The police arrived a minute later at 11:11 P.M. I talked to a Detective Nichols

147

and told the detective about what I saw, including the gun. I directed Detective Nichols

148

to the dumpster behind Sparkle & Shade. Detective Nichols put on some gloves and

149

pulled out a gun from the dumpster. Detective Nichols immediately put it in a bag. That

150

was enough excitement for one day, so I went home.

151 152 153 154

Of the documents and exhibits I have been shown in this case, I am familiar with the following: Exhibit 5 is photograph of a gun that the police showed me. I am not sure if it is the gun I saw that night. I did not get a good enough look at it. I don’t know anything 5

Revised: 9/18/17 155

about guns, so I don’t know if the gun in the picture is the same as the gun mentioned on

156

Exhibit 31.

157

Exhibit 7 is a pair of purple gloves. I wasn’t close enough to see the ones on the

158

person I saw go inside the Jaywood Building, so I don’t know if these are the same ones

159

or even the same kind.

160 161 162

Exhibit 9 is a fair and accurate map of the area around where I was standing in downtown Midlands City on July 16, 2017. Exhibit 13 is a photograph I took of the back door of the Jaywood Building from

163

the place I was standing on July 16, 2017. I took this photograph at 12:30 P.M. on July

164

17, 2017. This picture was taken during the day, but otherwise looked like what I saw

165

that night.

166

Exhibit 14 is a photograph I took of the back door of the Jaywood Building from

167

the place I was standing on July 16, 2017. I took this photograph at 11:30 P.M. on the

168

night of July 16, 2017. This is exactly what my view that night looked like.

169

Exhibit 16 is the Tender profile Dylan showed me.

170

Exhibit 31 is the receipt that was dropped in my instrument case.

171

I am not familiar with any other exhibits in this case.

172

I swear or affirm the truthfulness of everything stated in this affidavit. Before

173

giving this statement, I was told I should include everything that I know may be relevant

174

to my testimony, and I followed those instructions. I know that I can and must update

175

this affidavit if anything new occurs to me until the moment before opening statements

176

begin in this case.

177 178

Signed:

179 180

Charley Waters

Subscribed and sworn to me on this on this 1 st Day of August 2017: Nilofar Ezigbo Notary Public

6

Revised: 9/18/17 AFFIDAVIT OF JAMIE MORRISON 1

After being duly sworn upon oath, Jamie Morrison hereby states as follows: I am over 18

2

and competent to make this affidavit. I am testifying voluntarily and was not subpoenaed

3

or compelled to testify.

4

My name is Jamie Morrison and I am an expert in the use of technology and

5

mechanical engineering to cause displacement and relocation. That’s my LinkedIn way

6

of saying I drive people around in my car. I used to drive a bus for the Midlands City

7

School District, but I couldn’t take all the vomiting, crying, and fighting that entailed. I

8

started driving for Uber in May of 2017, right after school let out. I only drive part time,

9

but the money isn’t bad and I set my own hours so I may upgrade to full time eventually.

10

I like to work the primetime hours when most of the drinkers are out on the town.

11

Not only do you get better tips, but the prices you can charge go way up and it means I

12

can keep my day job. You don’t get the classiest clientele, but it pays the bills. The way

13

Uber works is that people request a car to pick them up and we, the drivers, get a

14

notification of people needing rides near our location. Because of this, I like to circle the

15

downtown area around the bar and restaurant scene, starting at about 9 P.M. and

16

continuing until the bars shut down around 2:30 A.M. That way, I am near the highest

17

number of people who need a ride at a given time and it increases my odds of keeping my

18

car busy.

19

Because I tend to frequent the downtown area, I have gotten to know a lot of the

20

people who work there. I usually pick up my dinner at one of the food trucks so that I

21

won’t miss out on a customer. I have gotten to know most, if not all, of the food truck

22

owners who operate downtown. That’s why I noticed Souper Soups parked across the

23

street from Chuggies on July 16, 2017. That was the first time I had ever seen the Souper

24

Soups truck downtown. I first noticed it around 10:00 P.M., but it could have shown up

25

earlier in the day. Later in the night, at 11:11 P.M., I was in front of Chuggies again and

26

did not see the Souper Soups truck in the area. I have no idea when the truck left. Before

27

July 16, I had only ever seen Souper Soups in midtown by the courthouse which is over a

28

mile away. I will occasionally drop some fancy lawyer types off at the courthouse and

29

see the Souper Soups truck, but I don’t eat there.

1

Revised: 9/18/17 30

I saw the Souper Soups truck later that night too. On July 16, 2017, I was called to

31

do a pick up for “Dylan” at a residential address – I saw the rider’s name on the Uber

32

app. I was already in the area, so I accepted the request. At 11:25 P.M., I got a call from

33

Dylan through the Uber app telling me that Dylan was in a hurry so Dylan was already

34

waiting outside. When I pulled up to the address, I saw the truck for Souper Soups parked

35

out front. Dylan was waiting outside, just like Dylan said.

36

When Dylan got in my car, it looked like Dylan’s hair was wet, as if Dylan had

37

just taken a shower. I confirmed that this person was Dylan, and then asked if Dylan ran

38

the Souper Soups truck. Dylan just said “Yes, I’m going to Chuggies.” Dylan didn’t seem

39

to be in the mood for conversation. We started the ride at 11:27 P.M. I noticed Dylan

40

wasn’t wearing the typical Souper Soups uniform. Food trucks downtown usually close

41

at 11 P.M. or even later, and I didn’t know how Dylan could have gotten home and

42

changed and showered so fast, but maybe Dylan had closed a little early. I also don’t

43

know why Dylan would not have just stayed downtown rather than driving the truck back

44

home. It was a Sunday night. The bars were not going to be open much later.

45

I went back and forth between the area near Dylan’s home and downtown a

46

number of times that night and it is the same distance both ways. The amount of time the

47

trip takes varies. On most nights, the drive from downtown to the area around Dylan’s

48

house takes 10-15 minutes, but when there is traffic it can take almost 30 minutes. On

49

July 16, 2017, I made the drive from downtown to the area around Dylan’s house four

50

times between 9:00 P.M and midnight. Three of those times, the drive between

51

downtown and the area around Dylan’s house took almost half-an-hour and one time it

52

took me 12 minutes. Right before I picked Dylan up, I drove someone from Chuggies to

53

Dylan’s neighborhood. On that trip, I left Chuggies at 11:11 P.M. and dropped someone

54

off one block from Dylan’s house at 11:24 P.M.

55

While driving Dylan, I decided to take another shot at striking up a conversation.

56

Since Dylan had just showered, I thought maybe Dylan had a date, so I asked Dylan

57

whether someone special was waiting for me to drop Dylan off at the bar. Dylan said,

58

“nope, but I have a feeling this will be the last night I spend alone.” I asked what Dylan

59

meant, and Dylan said, “sometimes you just have to take matters into your own hands.

2

Revised: 9/18/17 60

I’ve decided to focus on making myself happy.” Dylan seemed positively giddy. I

61

decided not to ask any more questions.

62

There was no traffic at all when taking Dylan from Dylan’s house to downtown.

63

At 11:38 P.M. I dropped Dylan off at Chuggies as requested but I didn’t see Dylan go

64

inside. It might have been because the downtown area was flooded with flashing blue

65

and red lights from cop cars and ambulances. I saw Dylan walk toward the commotion

66

(as a lot of people were doing), but I didn’t get to find out what was going on because I

67

got another ride request.

68

The next day, I was shocked to see what happened on the news. I saw Dylan’s

69

mugshot on Channel 10 and decided I had to talk to the police. I went to the station, and I

70

told them I didn’t think Dylan could have done anything because I was the one who

71

dropped Dylan off downtown and the sirens were already going when we got there. The

72

police asked me if I knew Kerry and Carmen Bell-Leon and showed me pictures of both

73

of them. I told the police that I had driven Kerry Bell-Leon on multiple occasions since

74

Kerry lives downtown near my normal pickup area, and that it wouldn’t surprise me if

75

there were a long list of people with an axe to grind with Kerry. I’ve also seen Kerry

76

stumble into my car late at night looking glassy eyed and slurring. I don’t think it is just

77

the alcohol, either. It wouldn’t surprise me if Kerry was using Everest or even something

78

harder than that. I’ve driven enough pilots to and from the airports to know what a

79

stressful job that is and I’ve heard many say how much Everest helps them unwind.

80

Kerry has bragged a lot about being a pilot, so I wouldn’t be surprised if Kerry is using

81

the same escape as other pilots I’ve driven.

82

I’ve also driven Carmen Bell-Leon on a few solo trips, but I haven’t seen Carmen

83

recently. We haven’t talked much, but I’ve overheard Carmen talking to someone who

84

might have been a lover. The last time I saw Carmen was on a trip to the airport on July

85

2. I remember because Carmen was only carrying a tote bag and I asked where Carmen

86

was headed with so little luggage. Carmen said Carmen had just broken up with

87

Carmen’s spouse and was going to Ecuador to see family. I asked whether we needed to

88

go back and get the rest of the luggage. Carmen said, “No, I have all that I need here.

89

The rest will come in a couple of weeks.” I asked Carmen if Carmen was ok. Carmen

3

Revised: 9/18/17 90

said, “I haven’t been better. All of my dirty work is done, and my hands are clean.” I

91

don’t know what Carmen meant by that, and I didn’t ask.

92

I am familiar with the following exhibits in this case:

93

Exhibit 9 is a fair and accurate map of the area where I dropped off Dylan on July

94

16, 2017 in downtown Midlands City.

95 96 97

2017.

98

Signed:

99 100

Exhibit 30 is an Uber receipt for the ride I gave Dylan Hendricks on July 16,

Subscribed and sworn to me on this on this 1st Day of August 2017:

Jamie Morrison

Jack Bitterly Notary Public

4

Revised: 9/18/17 Agency Name: Midlands State PD Call Number: 17-324619

Offense 🔲 Incident

Midlands State Uniform Incident Report

🔲 Death of Suspect

🔲 Warrant Issued

🔲 Prosecution Declined

🔲 Investigation Pending

 Arrest-Adult

🔲 Juvenile/No Custody

🔲 Arrest-Juvenile

🔲 Unfounded/Closed

Report Date

Year

17-Jul

Incident Time

2017

Date

18:35

Year

16-Jul

Time 2017

22:50

Incident Location (Street, City, State, Zip)

Jaywood Bldg, 1999 Main St. Offense Code 1. Attempted Murder 923.02~903.02

Midlands City, Midlands A/C Degree Hate/Bias C F1 N

Gang-related N

Location of Offense (Enter up to two) 1. 02 2. 32 3. ________ Residential

Commercial

Public Access Bldg

Retail

Outside

Suspected of:

05 Hotel/Motel

11 Transit Facility

19 Bar

27 Yard

02 Multi-Fam

06 Financial

12 Govt Office

20 Restaurant

28 Construction

03 Other

07 Auto

13 School

21 Clothing

29 Waterway

04 Shed

08 Dr/Prof Off

14 College

22 Gas Station

30 Field

09 Storage

15 Church

23 Jewelry

31 Street

1. Gun

10 Other

16 Hospital

24 Liquor St.

32 Parking lot

2. Cord

17 Jail

25 Mall

33 Alley

3. ________

18 Parking Garage

26 Other

34 Cemetery

4. ________

1: 🔲 Baset. 2: 🔲 1st Flr I:  Individual

3: 🔲 2nd Flr 4:  Door

6: 🔲 Garage

7: 🔲 Skylight 8:  Other

F: 🔲 Financial

P: 🔲 Police

S: 🔲 Society

B: 🔲 Business

G: 🔲 Government

R: 🔲 Religious

O: 🔲 Other

Method of Entry 1: 🔲 Force

Method of Entry - Motor Vehicle 1: 🔲 Unlocked 3: 🔲 Window Broken

2:  No Force

2: 🔲 Hot Wire

Total Victims: 1 Adult: 1 Juvenile: 0 Name (Last, First, Middle)

4: 🔲 Slim Jim/Hanger

Victim Type

50 Other

A: 🔲 Alcohol

01 Single Fam

D: Drugs C:  Computer Type of Weapons/Force Used

Method of Entry - Burglary/B&E 5: 🔲 Window

5. ________ 6. ________ 7. ________ 8. ________

BELL-LEON, KERRY Address (Street, City, State, Zip) Phone: 1999 Main St. Unit 6A Midlands City, Midlands  Yes If Injured, Describe Injuries: Victim Injured? 🔲 No Visible injuries to throat (abrasions and redness); small wound above right eye Homicide? Agg. Assault? Victim/Suspect Relationship: Victim/Offense Link: N Y unknown 923.02~903.02

1

Revised: 9/18/17 Incident No: 17-324619 Agency: MSPD

MIDLANDS STATE UNIFORM INCIDENT REPORT Reporting Party Name (Last, First, Middle) JONES, MORGAN Address (Street, City, State, Zip) 1999 Main St. Unit 5A, Midlands City, Midlands 55555

Phone

Suspect Name (Last, First, Middle) HENDRICKS, DYLAN T. Address (Street, City, State, Zip)

Phone

555 S Johnson St. Midlands City, Midlands 55555 ARREST/OFFENSE DESCRIPTION

ARREST/OFFENSE CODE

OFFENSE LEVEL/DEGREE

923.02~903.02

F1

1. ATTEMPTED MURDER

WARRANT #

2. 3 4 5 Inventory/Evidence Collected (description)

Location (Street, City, State, Zip)

1. Extension Cord (orange/10 ft. length)

Victim Residence: 1999 Main St.

2. Cell phone

Defendant's person

3. Letter

Waters' person

4. Everest pills

Victim’s person

5. Gun 6. See narrative for remainder Reporting Officer

Det. M. Nichols

Badge No:

MS1053

Date:

7/17/17

Approving Officer

Chief Polson

Badge No:

MS1809

Date:

7/18/17

STATEMENT OF FACTS/NARRATIVE 1 2 3

On July 16, 2017, at approximately 11:10 PM, Det. M. Nichols responded to the Jaywood Building condominiums at 1999 Main St. in downtown in downtown Midlands City to investigate a report of a potential homicide.

4 5 6 7

Upon arrival, contact was made with first responders Officer Sandlin 1011 and Officer Stanfield 1103. Sandlin advised that victim was not deceased but rather was unconscious when found after being strangled and left for dead in a drug deal gone wrong. Stanfield directed Det. Nichols to Morgan Jones, Charley Waters and Kerry Bell-Leon.

2

Revised: 9/18/17 8 9 10 11 12

Kerry Bell-Leon stated that Kerry Bell-Leon was attacked by Carmen Bell-Leon’s paramour in a jealous rage. Kerry Bell-Leon stated that a gun was used in an attempt to kill Kerry Bell-Leon but Kerry Bell-Leon was able to use self-defense skills to subdue the attacker and wrestle the gun away. After a struggle, Kerry Bell-Leon was strangled with an extension cord from behind and passed out.

13 14

Kerry Bell-Leon had blood shot and glassy eyes, and dilated pupils. Kerry Bell-Leon had trouble focusing during the interview with Det. Nichols.

15 16 17 18 19

Kerry Bell-Leon stated Kerry Bell-Leon had part of mixed drink before leaving Chuggies for food at a local food truck. Kerry Bell-Leon stated that Kerry decided to skip the food because Kerry Bell-Leon didn’t feel well and just came home to go to bed early. Kerry Bell-Leon was attacked while getting ready for bed and saw the attacker in the mirror holding a gun.

20 21 22 23

Kerry Bell-Leon had no visible defensive wounds or gunshot wounds. Kerry Bell-Leon did have redness and visible contusions on Kerry Bell-Leon’s throat from the extension cord. A slight bump was visible above Kerry Bell-Leon’s right eye from hitting the floor upon passing out.

24 25 26 27 28 29

Kerry Bell-Leon was having trouble describing the physical features of the attacker but was certain it was Kerry Bell-Leon’s spouse’s lover, Dylan Hendricks. Kerry Bell-Leon kept repeating, “It had to be. It had to be. That would explain everything.” Kerry BellLeon couldn’t explain why Kerry Bell-Leon thought Carmen Bell-Leon’s paramour would attack Kerry Bell-Leon or how an attacker would get into the building or Kerry Bell-Leon’s condo.

30 31 32 33 34 35 36 37 38

Kerry Bell-Leon still had possession of all of Kerry Bell-Leon’s belongings. Aside from broken furniture and a broken lamp, no personal property was reported missing from the residence. Kerry Bell-Leon still had Kerry Bell-Leon’s cell phone, credit cards, and $125 in cash in a wallet attached to the cell phone. A key was located on the floor in the middle of the living room. Kerry Bell-Leon stated Kerry Bell-Leon did not recognize the key; however, the key was able to lock and unlock both the front and back doors to Kerry Bell-Leon’s condo and the back door to the building under the maroon awning. It appears that the building’s back door can be opened by any key that can open the doors to the building’s individual units.

39 40

Before Det. Nichols could ask Kerry Bell-Leon any further questions, Kerry Bell-Leon was taken by EMS for medical treatment.

41 42 43

While at the scene, Det. Nichols also spoke with the reporting party Morgan Jones. Jones found Kerry Bell-Leon unconscious in Kerry Bell-Leon’s condo after growing concerned when Kerry Bell-Leon left Jones’s birthday party at Chuggies without any explanation. 3

Revised: 9/18/17 44 45 46 47

Jones stated that as Jones’s party started to leave Chuggies for the Sparkle & Shade Club, Jones walked the short distance to the Jaywood Building to see if Kerry Bell-Leon was ill. Jones noted concern for Kerry Bell-Leon because Kerry Bell-Leon was extremely upset about Kerry Bell-Leon’s spouse having an affair with a “wannabe top chef.”

48 49 50 51 52

Jones had trouble focusing during the interview and rarely made eye contact with Det. Nichols. Jones had no odor of alcoholic beverage on Jones’s person but Det. Nichols did notice that Jones had glassy and bloodshot eyes. Det. Nichols also noted that Jones had dilated pupils. Jones denied any illicit or prescription drug use. Jones said that Jones was simply tired and needed to remove Jones’s contact lenses.

53 54 55 56

Jones also stated that when Jones was looking for Kerry Bell-Leon that Jones saw a “drug deal going down in the parking lot behind our building.” Det. Nichols asked how Jones knew what a “drug deal” would look like and Jones paused for 10-15 seconds and mumbled “must be TV.”

57 58 59 60 61 62 63

Jones said upon entering Jones’s condo in the Jaywood Building Jones heard a struggle going on from Kerry Bell-Leon’s condo, unit 6A, and ran into Kerry Bell-Leon’s condo to find an attacker strangling Kerry Bell-Leon. Jones could not describe the attacker or what the attacker was wearing other than purple gloves. Jones pursued the attacker but could not catch the attacker. Jones then returned to unit 6A to find Kerry Bell-Leon motionless on the ground next to an extension cord and a broken lamp. Fearing the worst, Jones called the police to report a possible homicide.

64 65 66 67 68

Jones was certain the attacker was a food truck owner that Jones believed was having an affair with Kerry Bell-Leon’s spouse. Jones “had a strong feeling” the attacker was the food truck chef. Jones had seen the soup truck owner delivering food to the Kerry BellLeon’s condo before and blurted out, “with that many delivery orders, Carmen was ordering more than just soup.”

69 70 71 72 73 74 75 76 77 78

Det. Nichols proceeded to the back door of the condo unit. The cabinet doors in the utility room were open. The back door to Kerry’s condo was also open. Det. Nichols left the condo through the back door. The door to the fire escape was just outside the back door to the condo unit. Det. Nichols descended the fire escape. At the bottom of the fire escape was a door to the parking lot behind the building. The back door to the parking lot (the door under the maroon awning) was closed. Det. Nichols left the building into the parking lot and the back door swung closed and locked. Det. Nichols used the key found upstairs to unlock the door and open it. When the door was released, the door swung closed and locked, such that that any person entering the building from the back door under the maroon awning would need a key.

79 80

Det. Nichols was then approached by Waters who stated that Waters had seen “something suspicious.” Det. Nichols then spoke with Waters at the scene. Unlike Jones, Waters was 4

Revised: 9/18/17 81 82 83 84 85

outside the Jaywood Building during the attack. As a street musician, Waters claimed to be “the eyes and ears, and heart and soul of the street.” Waters asked if Kerry had “OD’ed or something because Kerry looked pretty torn up walking in to the Jaywood Building. Which makes sense when you’re the unknowing party of a love triangle gone wrong.”

86 87 88 89 90 91 92 93 94 95 96 97

When asked why Waters thought Kerry would have overdosed, Waters mentioned seeing Kerry meet with a known drug dealer “Mickey” around 10:30 P.M. and heard arguing. Waters stated Kerry left the Jaywood Building’s back door ajar, and that at about 10:50 P.M. Waters saw an outline of a person Waters believed to be Dylan Hendricks enter the building. Det. Nichols determined through questioning that Dylan Hendricks matched the information provided by Kerry and Jones. Waters also mentioned that another person was in the parking lot around the time Kerry entered the back door of the Jaywood Building. Waters stated that the person in the parking lot was attempting to buy Everest from someone named “Mickey.” Waters stated that Waters could only hear the individuals; no visual contact was made. When asked if that was the person who followed Kerry into the building, Waters stated, “You know, maybe. I can’t really be sure it wasn’t.” Waters corroborated Kerry’s account of a gun being present.

98 99 100 101

Waters later stated Dylan Hendricks couldn’t have been involved though because Waters followed the attacker out of the building around 11:10 P.M. and Hendricks’s food truck was gone from where it was parked earlier in the night near Chuggies and Sparkle & Shade.

102 103 104

Waters turned over a receipt for a firing range that listed Dylan Hendricks. Waters stated the receipt was left in Waters’s music case, though Waters couldn’t provide any other details about how the receipt got there or who left the receipt.

105 106 107 108

Waters indicated that the individual who left the Jaywood Building from the back door had thrown something in a dumpster behind Sparkle & Shade. Det. Nichols searched the dumpster and found an A.D. Baker and Company, Inc. revolver loaded with a single bullet which was bagged and tagged as evidence.

109 110 111

At approximately 11:25 P.M., Det. Nichols then proceeded further down Ellis Blvd where the food trucks in the area were parked. Only two food trucks were parked on Ellis Blvd: Kostandinos’ Gyros and Tasty Tacos.

112 113 114 115 116 117

Officers Sandlin and Stanfield were with Kerry Bell-Leon when Kerry Bell-Leon was taken to the front of the Jaywood Building to be loaded into an ambulance. Det. Nichols returned to the scene and was present when Kerry Bell-Leon positively identified Hendricks as Kerry’s attacker. Kerry Bell-Leon suddenly became agitated and upset. Kerry then screamed that Hendricks had ruined Kerry Bell-Leon’s marriage and would destroy Hendricks’s life like Dylan had destroyed Kerry’s life. 5

Revised: 9/18/17 118 119 120 121 122 123 124

Based on the information given by Kerry Bell-Leon, Jones and Waters, Hendricks was arrested at 11:35 P.M. and taken in for questioning. Kerry Bell-Leon was taken to Midlands City Hospital for evaluation. Det. Nichols was notified by ER Nurse Kennedy that Kerry Bell-Leon admitted to having ingested cathiones methylene or “Everest.” Kerry was also in possession of Everest pills, which Kerry had in Kerry’s front right pants pocket. The pills were later retrieved and sent to the Midlands Bureau of Investigation for testing.

125

SUPPLEMENTAL NARRATIVE #1-July 17, 0030 hours

126 127 128 129

Det. Nichols interviewed Hendricks at the Midlands City Police Department. Hendricks signed a Miranda waiver and voluntarily submitted Hendricks’s phone for evidence of attempted murder. Hendricks’s interview was transcribed and placed in evidence for review prior to trial.

130 131 132 133 134

Det. Nichols also performed a public records search which revealed a food truck permit (Permit V-37509) in Hendricks’s name for Leckrone Lane, Mondays through Friday. No permit was found for the use of a food truck on Ellis Blvd. The public records search also revealed an application for the aforementioned permit and a citation issued on July 16, 2017 for operating the food truck in an improper location.

135

SUPPLEMENTAL NARRATIVE #2-July 17, 0200-0630 hours

136 137 138 139 140 141 142 143

Det. Nichols conducted a search of Hendricks’s home and food truck. A pair of disposable purple kitchen gloves – unknown brand and known size – were found in the sink. They were wet. Det. Nichols took a photograph of the purple gloves in the sink and then bagged and tagged the gloves. Everything else in the food truck appeared to be put away in a very orderly fashion. The food truck was notably clean as if thoroughly cleaned recently; however, only the disposable purple gloves in the sink and the sink itself were wet. There was a trash can in the food truck that had a trash bag in it and some food waste.

144 145 146 147 148

The search of the Hendricks’s home uncovered nothing of note except: (1) a single wet maroon “Souper Soups” t-shirt that had “Souper Delicious” written on it in the washing machine and (2) a pair of jeans on the floor of the bathroom. The t-shirt appeared to have recently been washed as it was still damp from the washing machine. No other items were in the washing machine.

149

SUPPLEMENTAL NARRATIVE #3-July 17, 2017, approx. 1200-1600 hours

150 151

Det. Nichols was contacted by Jamie Morrison who stated that Morrison drove Dylan Hendricks from Hendricks’ house to downtown on the night of July 16. Morrison

6

Revised: 9/18/17 152 153

provided an Uber receipt verifying the ride. The Uber receipt showed Hendricks’s being picked up at 11:27 P.M. indicating that Hendricks was home by that time.

154 155 156 157 158 159

Det. Nichols then attempted to determine whether Hendricks could have been at home by 11:27 P.M. if Hendricks had been at the scene of the crime when it reportedly happened around 11:00 P.M. Det. Nichols drove from Chuggies bar to Hendricks’s home three times on July 17, 2017. The first trip began at 10:00 P.M and ended at 10:12 P.M. The second trip began at 10:30 P.M. and ended at 10:45 P.M. The third trip began at 11:05 P.M. and ended at 11:16 P.M. Det. Nichols encountered no traffic during those trips.

160

SUPPLEMENTAL NARRATIVE #5-July 20, 2017

161 162 163 164 165

A search of Hendricks’s cell phone contained messages from an online dating application that indicated Hendricks and Carmen Bell-Leon were having an affair. All of the messages were retained on a zip drive and placed in evidence for review prior to trial. Hendricks was interviewed a second time and that transcript and Hendricks’s Miranda waiver have also been retained for trial.

166 167

Carmen Bell-Leon was not cooperative and refused to return from overseas. Det. Nichols was unable to secure an official statement from Carmen Bell-Leon.

168 169 170

Bailey Bell-Leon was questioned by Det. Nichols and voluntarily turned over Bailey Bell-Leon’s cellphone. Det. Nichols located text messages sent from Carmen Bell-Leon to Paris Harmon and Jesse Reynolds.

7

Revised: 9/18/17 OFFICER AFFIRMATION STATEMENT The State of Midlands provides Defendant, Dylan Hendricks, with notice of Midlands City Police Department Detective M. Nichols’s relevant qualifications, experience, training, and affirmation of accuracy statement. I, Detective M. Nichols, hereby declare that the following list of training and qualifications are an accurate and complete representation of my training and qualifications as of the date affixed below: Relevant Experience: 1. Midlands State Police Academy 2. Midlands State Highway Patrol 3. Midlands City Police Department a. Vice and Narcotics Unit b. Homicide Detective

Current and Relevant Training and Qualifications: 1. 2. 3. 4. 5.

NHTSA training Evidence preservation and collection Witness Interrogation Undercover officer safety and confidential informative handling Computer and machine-based data collection and analysis

Affirmation of Accuracy: I have reviewed the following documents in preparation for trial: 1. Midlands City Incident Report 2. All the exhibits that are available in this case.

I affirm that all of the above-listed documents are true, accurate, and are a complete and final reflection of all of my knowledge and notes regarding this investigation. I hereby swear, under the penalty perjury, that the above-listed information is true and accurate. M. Nichols Detective M. Nichols

August 15, 2017 Date

Bianca Brock-Upham Notary Public

August 15, 2017 Date

8

Revised: 9/18/17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40

Telecommunications Report of Dr. Jordan Smith 100 Sohi Road Midlands City, Midlands 54545 [email protected] August 7, 2017 Introduction I have been retained by the State of Midlands to review cellular records of Dylan Hendricks in connection with the attempted murder of Kerry Bell-Leon. My assignment was to analyze the cellular activity for Hendricks’s Stratosphere 5x smartphone during the period of 10:00 PM on July 16, 2017 to 12:35 AM on July 17, 2017 and record any conclusions I was able to draw. I am chair of the department of Telecommunications and Applied Engineering at the University of Midlands School of Engineering and Applied Mathematics, a position I have held since 2010. I was previously an Assistant and Associate Professor of Engineering at Midlands Tech. I received a Ph.D. in Applied Engineering from the University of California, Berkeley in 1994 after I received my B.S. from the University of Virginia. I also own Smith Engineering Consultants, a consulting firm I founded in 2010. I have published 36 peerreviewed articles on the intersection of telecommunications and the law including “Serial: A professional Critique of the Cell Tower Testimony” in the Journal of Law and Technology and “Cellular Triangulation and ICE: Tracking Visa Violators with Smart Phones” in the International Journal of Telecommunications Policy. I have been retained in 27 court cases, including 19 civil cases and 8 criminal cases, since I began working as an expert consultant. I testify for defendants as often as I testify for plaintiffs or the state. In most cases, I’m asked to use cellular technology to determine whether someone was on their phone at the time of an auto accident. I am also regularly consulted by police to assist with finding a fugitive, especially when a wanted criminal continues to use their regular phone instead of a disposable cellphone commonly referred to as a “burner.” I have helped police pinpoint the location of persons of interest on several occasions using the same methods I used to evaluate the cellular data in this case. Methods In order to arrive at my conclusions in this report I reviewed the affidavits of Kerry Bell-Leon and Jamie Morrison. I reviewed the log of Hendricks’s outgoing and 1

Revised: 9/18/17 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79

incoming calls and texts on the evening July 16, 2017 supplemented with cell tower metadata [Exhibit 38]. I then received in evidence Hendricks’s smartphone, collected from Hendricks on July 17, 2017 at 12:35 AM, and performed forensic data extraction on the phone. That extraction revealed recorded activity in two apps during the relevant period: Tender and Uber. I also reviewed cell tower maps of downtown Midlands City [Exhibit 39] and a map of the area around the Jaywood Building [Exhibit 9]. That extraction allowed me to see the times at which various Tender messages were sent but not their content. Those times did not reveal any information about the location of Dylan Hendricks, so I did not analyze them any further. In addition to the analysis of preexisting data, I conducted my own investigation. On the evening of July 30, 2017, I went to the parking lot of the Jaywood Building and explored the area using a Stratosphere 5x model smartphone with the mobile carrier Horizor, the same model and carrier as Hendricks’s phone. I recorded my other observations from that site visit and incorporated them directly into this report. For this report, I evaluated all three of the data-sources: Wi-Fi login history where available, cellular tower “pings,” and GPS. All of the conclusions in this report were reached to a reasonable degree of scientific certainty in the field of telecommunications engineering. This report outlines the methods by which I reached those conclusions. Forensic Cellular Data Reconstruction Forensic cellular data reconstruction is a fairly young field. Ever since people began using technology to communicate, other people have tried to use that communicating technology to locate those people. Throughout most of the 20th century, mobile communications occurred via radio. Think of a sailor beeping out a Morse code signal. When I began my studies at Berkeley in 1993 in telecommunications engineering, my advisors widely expected that mobile technology was about to explode, as cellular phones were just beginning to become ubiquitous. I was encouraged to write a dissertation on how to translate the methods used for other forms of technology to cellular phones. My dissertation research was some of the first published work in the area of forensic cellular data reconstruction. Today, I am the country’s leading expert in this area.

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Your average smartphone sends out hundreds of pieces of data every day to satellites, cell towers, and Wi-Fi networks. But a smartphone stores a limited amount of useful data. For example, the phone will store which Wi-Fi networks the user has logged into in the past (until that data is purged) because those WiFi networks—if they are secured—often require a password, and the user experience is eased when the phone stores those passwords in memory. On the other hand, the phone will not generally store when the user logged in and out of the network, or at least not for very long. Again, this enhances the user experience. So long as a cellular phone is associated with a given carrier, it needs no additional credentials for the user and the phone’s resources need not be devoted to storing that information. Phone Calls I received the Horizor call log of Hendricks’s calls placed during the evening of July 16, 2017. A call log provides a forensic engineer like myself with several critical pieces of data: the time the call was placed, between which two phones, which phone placed the call, the duration of the call, and, most importantly for me, which cell towers were pinged to convey the call. Every time a user tries to place a call, the phone sends a signal in every direction looking for the nearest cell tower with available bandwidth to transport the call. The first available tower the signal reaches sends back a ping which signals the phone to initiate the call. A phone often relies on more than one tower to transport the call. Often users are moving while they are talking on the phone. Having a call be able to be transmitted via multiple towers helps keep the call from getting “dropped” (which occurs when no cell tower is available to transmit the call). Commonly, calls are dropped in rural areas when users leave the range of one cell tower without another available tower in range. With this in mind, cell phone carriers arrange cell towers in high cell traffic areas closer to support a higher volume of calls. When one places a call, the number and location of the cell towers that are pinged by a call are affected only by the location of the cell phone initiating the call—not the recipient of the call. Similarly, when one receives a phone call, the towers pinged when the recipient’s phone rings is based on the location of the recipient’s cell phone, not the person making the call. When multiple cell towers are pinged at the beginning of a call, the overlap in those towers’ service areas allow us to accurately determine the location of a user. Each cellphone tower sends its signal over a certain area. If a cellphone is able to connect with multiple towers from one location, we know that the person 3

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must have been somewhere where all of the cellphone towers’ signals overlapped. The more cellphone towers a phone connects to, the more accurately we can detect the location because the area of overlap between all the cellphone towers’ signal is smaller. Between 10:00 PM on July 16, 2017 and 12:35 AM on July 17, 2017, Hendricks received one call and placed two calls. Each of these calls pinged three towers at the beginning of the call, and the towers listed in the Horizor report are the towers that were pinged by Hendricks’s phone. I was not able to access the corresponding information about the towers pinged by the other party to Hendricks’s calls. I cross-referenced the information in that report with the map of the area that I created. The content of those calls was not recorded by Horizor; cell phone providers are only legally permitted to record the content of calls when provided with a valid warrant. I also determined the owners of the phone numbers involved in these calls using cell phone carrier records. 1. At 10:26 P.M., Hendricks received a call that was not answered. That call came from a phone number registered to Carmen Bell-Leon’s cell phone. That call went to voicemail and was routed through cell towers 1 (MCD001), 2 (MCD002) and 3 (MCD003) on the map. 2. Hendricks called that number back at 11:10 P.M. That call was answered and lasted for 5 minutes. That all was routed through towers 2 (MCD002), 3 (MCD003), and 4 (MCD004). 3. At 11:25 P.M., Hendricks placed an outbound call to a phone number registered to Jamie Morrison. That call was answered and lasted for 1 minute. This call was routed through towers 2 (MCD002), 4 (MCD002), and 5 (MCX074). Using this data in isolation, I can only draw limited conclusions: 10:26 PM Call During the 10:26 call, it is highly probable that Hendricks was in downtown Midlands City. The likely intersection of the signals of Cell Towers 1 (MCD001), 2 (MCD002) and 3 (MCD003) is around Chuggies Bar and the Jaywood Building. If Hendricks’s location had been further west or further north, Hendricks’s likely would have been out of range of Cell Tower 3 (MCD003). If Hendricks had been further south, Hendricks’ likely would have been out of range of Cell Tower 2. I will concede that Hendricks could have travelled about a quarter mile to a half mile east and remained within range of Cell Tower 1 (MCD001) and remained within range of the other towers. However, on the night of July 16, 2017, a large concert was taking place at the park just north of Cell Tower 1. Given the high 4

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density of cellphone traffic likely to occur near Cell Tower 1 on that night, it is unlikely that Hendricks’s cellphone would have pinged that tower had Hendricks’s travelled further east than Chuggies Bar. Accordingly, the most likely location of Hendricks’s cellphone at the time of the 10:26 P.M. call is near Chuggies Bar and the Jaywood Building. 11:10 PM Call It is highly probable that when Hendricks placed a call at 11:10 PM, Hendricks’s phone was located between the Towers 2 (MCD002) and 3 (MCD003) close to the south bank of the river. At this point, Hendricks was too far east to be within range of Cell Tower 1 (MCD001), but had come within range of Cell Tower 4 (MCD004). If Hendricks had been further south of the river, Hendricks would have likely been out of range of Cell Tower 4. If Hendricks had been north of the river, Hendricks likely would have pinged Cell Tower 5 (MCX074). In fact, I would have expected Hendricks’s phone to ping Cell Tower 5 instead of Cell Tower 2 on the south bank of the river because MCX towers are long range towers designed to cover less densely populated areas, whereas Cell Tower 2 likely had significant traffic being in the heart of downtown Midlands City. While Hendricks’s phone pinging Cell Tower 2 instead of Cell Tower 5 increases the likelihood that Hendricks was actually further south than the south back of the river at the time the 11:10 PM call was made, I believe it is still more likely that Hendricks’s was actually close to the south bank of the river because the phone was within range of Cell Tower 4. 11:25 PM Call The third call at 11:25 was placed a substantial distance from downtown. It is plausible that the call was placed from the vicinity of Hendricks’s residence. That call was placed through the “Contact Driver” feature of the Uber app. Hendricks’s phone was now out of range of Cell Tower 3 (MCD003) and moved within range of Cell Tower 5 (MCX074). Hendricks’s phone continuing to ping Cell Tower 2 (MCD002)increases the likelihood Hendricks’s phone was actually further south than Hendricks’s home when this call was made; however, the location of Hendricks’s home is consistent with the phone pinging towers Cell Towers 2, 4 and 5. Additional Investigation I returned to the area around the Jaywood Building between 10:30 PM and midnight on July 30, 2017. Because the Jaywood Building is located in an area of town with vibrant nightlife, it was important to me to try to recreate the circumstances under which Hendricks’s calls were placed as closely as possible, 5

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especially with respect to the day of the week, the time of day, the make and model of cell phone, the cell phone carrier, list of saved Wi-Fi networks, and the cell phone’s operating system. I began my investigation in the parking lot of the Jaywood Building standing directly next to the maroon awning. This location was as close as I was able to get to the place where Kerry Bell-Leon had been found. I placed a call from that spot to the Midlands PD at 10:24 PM on July 30. The records indicate that this call pinged Cell Towers 1 (MCD001), 2 (MCD002) and 3 (MCD003). I then drove to the location where the interstate (marked by the blue shield on the map) crosses over the south bank of the river. The drive from Chuggies bar to the south bank of the river took me 7 minutes. At 11:00 PM, I placed a call from that location to the Midlands PD. That call pinged Cell Towers 2 (MCD002), 3 (MCD003) and 4 (MCD004). I then drove to Hendricks’s residence on the north side of the river. The drive from my previous location on the south bank to Hendricks residence had no unusual elements with respect to factors including the amount of traffic, road construction, etc. and took me about 7 minutes. When I arrived at Hendricks’s residence, I again placed a call to the Midlands PD at 11:15 PM. That call pinged Cell Towers 2 (MCD002), 4 (MCD004) and 5 (MCX074). The coverage of cellphone tower signals is typically quite predictable. While patterns vary from tower to tower due to topography, building interference, or the amount of traffic on a tower, the pattern of any particular tower is unlikely to vary significantly. Topography and building interference are almost always constants (and I found no evidence that they varied in this case). While traffic varies, the variances are typically very small, especially if you compare the traffic at the same time of day and same day of the week. Tender The Tender app uses either Wi-Fi or GPS data to connect app users with people of potential interest nearby. If the user is logged onto a Wi-Fi network, Tender will log the name and location of the Wi-Fi network and use that network to find other users nearby. If (and only if), a user logs in to Tender without being connected to Wi-Fi, the user will be located using GPS. If a user is logged in to Tender from a Wi-Fi network, their phone was logged in to that Wi-Fi network and the Tender app was running.

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The Tender app runs in the background – meaning that a user does not need to be actively using the app for the app to perform certain functions. One such background function is called “checking-in” and occurs immediately whenever a user is connected to a Wi-Fi Network. “Checking in” sets a user’s location so that user can see how far he or she is away from other users and vice versa. However, Tender does not run “check in” in the background when not connected to Wi-Fi in order to conserve cellular data usage. According to the Tender app on Hendricks’s phone, Hendricks “checked in” on Tender at 10:49 PM and 11:05 PM. The 11:05 PM check in used GPS data for the location, indicating that the phone was not connected to Wi-Fi and that Hendricks was using the app. This is consistent with the 11:05 P.M. Tender message that Hendricks sent on the night of July 16, 2017 [Exhibit 26]. The location of this check in was on the interstate approximately 1.2 miles east of Chuggies bar at the point the road bends to the northeast. The app recorded the 10:49 PM check-in from the secure Wi-Fi network (“SkyHiWiFi”) inside the Bell-Leon’s condo. Wi-Fi check in locations are not as precise as GPS check in locations, because they only tell the analysis what network the user was logged into, not exact GPS coordinates. I did not have access to a login history for that network because the Wi-Fi router used by the Bell-Leons does not store that data. However, Hendricks’s phone did have the password for this network, and it was among Hendricks’s many saved Wi-Fi networks. This indicates that Hendricks had logged into this Wi-Fi network before. During my July 30, 2017 investigation, I downloaded Tender to my Stratosphere 5x sample phone and created two fake profiles: one for myself and one for the Midlands PD. I checked into the app several times during my site inspection at the crime scene. I found that my phone was connected to SkyHiWiFi whenever I was in the Jaywood Building or within a 10-foot radius of the building. Based on this information, I can conclude to a reasonable degree of scientific certainty that at 10:49 PM on July 16, 2017, Hendricks’s Tender account was accessed on Hendricks’s phone either within the Jaywood Building or within a 10-foot radius of the Jaywood Building.

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Report of F.W. Longfellow August 15, 2017 Introduction and Background I have been retained by Dylan Hendricks’s counsel to analyze the telecommunications conclusions of Jordan Smith and the investigation of the Midlands City PD into the attempted murder of Kerry Bell-Leon. It would have been my preference to conduct an independent investigation to audit Dr. Smith’s conclusions, but I was not hired to go that far, and my services are not as cheap as they were when I was a government employee. My rates are now $300 an hour. My role was to evaluate Dr. Smith’s report on its face based on my experience as an investigator. To that end I reviewed Dr. Smith’s report and exhibits cited therein. Altogether I spent about sixty hours reviewing Dr. Smith’s report and exhibits, along with preparing my own report. I am also paid that same rate for my time testifying in court. I received an Associate’s Degree in Criminal Justice from Midlands Community College in 1986 and completed the basic officer course at the Midlands Police Academy in 1987. Immediately after completing my training, I joined the Midlands City Police Department where I rose from a beat cop to sergeant to detective (in property crimes and then in homicide) before becoming a lead detective in the homicide division in 2007. Throughout my work at the MCPD, I received additional training in criminal investigative techniques at the FBI headquarters. I retired in 2012 and founded Longfellow Investigation Consultants. Defense counsel (and only defense counsel) frequently retain me to testify regarding interrogation techniques, evidence of self-defense, bribery, and corruption, as well as crime scene investigation techniques. I should say I worked with Dr. Smith and have a lot of respect for Dr. Smith’s work and investigations. I have seldom had trouble with Dr. Smith and think that the doctor is one of the better ones. That said, no one is beyond reproach and Dr. Smith’s investigation in this case leaves something to be desired. Cellular Tracking Cellular tracking is a common practice among law enforcement officers. The FBI currently employs over 35 agents who are primarily devoted to cellular tracking, and it has trained over 5,000 local law enforcement officers in its methods. I was one of the local law enforcement officers trained by the FBI. I performed cellular

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tracking on a few occasions before I left the force. In each of those cases, my analysis contributed towards a conviction. Unfortunately, just because a practice is common among law enforcement, doesn’t mean it’s always reliable. Cellular tracking has a number of flaws. First, it is impossible to make a determination of a suspect’s location based on proximity to and connection with a particular cellphone tower because a cellphone doesn’t always connect to the nearest tower. The ranges of cellphone towers often overlap, and a phone can connect to any cellphone tower that is within range. In order to select particular towers, cellphones use a complex algorithm, which is based on factors such as distance, signal strength, and traffic already using the tower. For example, when a cellphone sends out a “ping” to locate a tower, it might prioritize the closest tower—the first one to “ping” back. However, if the cellphone receives a second ping shortly after the first with a stronger signal, the cellphone may prioritize a tower that is farther away. What’s more, if the first two towers had extremely high traffic (that is, many people were already using the towers), the cellphone’s algorithm might pick a third tower that pinged back because it had low traffic even though it was both farther away and had a weaker signal. All of that is just an example of how a cellphone’s algorithm can cause a phone to pick a tower that is not the closest. Each cellphone company has a different algorithm. Those cellphone algorithms are closely guarded by cellphone service providers as trade secrets. Even with those algorithms, it would be virtually impossible to pin down someone’s location based on which tower their cellphone pinged on any given occasion. In fact, there are so many factors that go into determining which cellphone tower a phone connects to, that two phones on the same carrier that simultaneously make calls can connect to different two towers even though they are less than a foot apart. Second, the size and shape of a cellphone tower’s signal shifts constantly. When performing cellphone data location, law enforcement often assumes that a cellphone tower’s signal range is shaped like circle or some portion of a circle. In reality, the shape of a cellphone tower’s signal shifts and is typically more like a blob. Moreover, the shape of the blob is always changing. It is not possible to determine the size or shape of a cell tower signal after the fact. This makes pinpointing someone’s location based on their usage of any particular tower extremely difficult. Both of these problems are most pronounced when using only one cell tower to pinpoint a suspect’s location. Cellphone tracking is more accurate when using 2

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multiple towers than single tower; however, the problems still exist even when a cellphone connects to multiple towers. When a cellphone connects to multiple towers, we only know that it was somewhere within the range of all those towers. However, without knowing the shape of the tower signals at the time the phone connected, it is impossible to tell exactly where that range is. In cities, cellphone towers typically have a range of 0 to 20 miles. In more rural areas, some cell towers have a 360 degree range at a distance of over 300 miles. I will admit that the range of towers in urban areas, like the area around downtown Midlands City, is much smaller than in rural or suburban areas due to higher usage in concentrated areas. Thus, the area where multiple signals overlap is likely to be smaller and geolocation based on multiple towers in urban areas is significantly more accurate than when using towers in rural or suburban areas. For these reasons, I am skeptical of Dr. Jordan Smith’s “Forensic Cellular Data Reconstruction.” Dr. Smith went to commendable lengths to match the day of the week, time, make and model of phone, operating system, cell phone carrier, Wi-Fi network list, etc. used by Dylan Hendricks. As a result, Smith’s sample phone had the same algorithm to determine which cellphone tower to use as Hendricks had on the evening of July 16, 2017 (assuming the algorithm wasn’t altered a few weeks later). The shape or range of each tower’s signal may have been different that day from what it was on the night of July 16. I have not personally done any tests to determine if the cellphone towers that both Dr. Smith and Dylan Hendricks connected to shifted or are prone to shifting. That conclusion is purely based on my theoretical knowledge of how many cellphone towers often behave. In addition, simply pinging the same towers does not mean that they were in the same location. It is possible that two cellphones can ping three identical towers from anywhere in which those three signals overlap. Dr. Smith appears to assume that the area in which the signals overlap is the area in the middle of the towers. However, with the irregular shapes of cellphone tower signals, overlapping areas could also be miles away from the locations Dr. Smith identifies. Of course, this doesn’t necessarily mean that Hendricks was not in the locations that Dr. Smith suggests at the times suggested by Dr. Smith. Given the concentration of cellular towers downtown, it is likely that Hendricks was roughly where Dr. Smith concluded Hendricks’s phone had made and received calls from. Tender I also have concerns about Dr. Smith’s use of Tender to determine the position of Dylan Hendricks. Dr. Smith accurately describes the way Tender works; however, Dr. Smith ascribes too much accuracy to information given by the app. Dr. Smith 3

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simply walked around the area near the Jaywood Building to determine that the app would log on to Bell-Leon’s Wi-Fi network within a 10-foot radius of the building. Dr. Smith conducted this so-called “experiment” on only one day and on only one phone. It is entirely possible that Hendricks’s phone would not have been able to check into the Bell-Leon’s Wi-Fi network when standing anywhere but the condo itself. It is also possible that Hendricks’s phone would have been able to check into the BellLeon’s Wi-Fi network from further away than a 10-foot radius of the building. However, I did not personally test the area around the building. In fact, I have never downloaded the Tender app or attempted to connect to the Bell-Leon’s Wi-Fi network. I will admit that sometimes the whole can be greater than the sum of its parts. In my days as an investigator, I certainly relied on pieces of circumstantial evidence together to nail a suspect even if each piece of data individually was not sufficient for a conclusion. As Dr. Smith notes, the GPS, cellular and Wi-Fi data are all suggestive of Hendricks being at or near the crime scene. But this can be dangerous too. A successful cross-reference of two imperfect pieces of data can cause an investigator to become over-confident in the result. I have some concerns that this happened to Dr. Smith in this case.

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Expert Report of Ryan Reeves, Pharm.D. August 15, 2017 I am a pharmacologist specializing in pharmacokinetics. Pharmacokinetics is the science of how drugs move throughout the body. I have been retained by Dylan Hendricks’s counsel to provide information on the use of a designer drug, cathiones methylene, known as “Everest” on the street, and analyze its effects on eyewitness testimony in this case. Professional Background I am the Wallace Professor of Substance Abuse Pharmacology at Midlands State’s Phil Donnelly School of Pharmacology, a post I have held since 2008. I received my Pharm.D. from the St. Louis College of Pharmacy in 2001 after receiving a B.S. in Microbiology from Yale in 1985. Between 1985 and 1995, I was a clinical pharmacist at Polk Hospital, holding a joint appointment as Assistant Professor of Practice at Midlands State. When I was awarded the Wallace Chair, I took a step away from my clinical practice and began teaching and researching full-time. I have published 25 peer-reviewed articles on pharmacokinetics, presented at least annually at professional conferences, and serve as Associate Editor of the American Journal of Pharmacokinetics. I am widely called upon as an expert on pharmacokinetics, the science of how a drug moves throughout the body. I charge a $10,000 flat fee for my analytical and consulting services. I have testified in over 25 trials. I provide consulting services exclusively for defendants. Materials Reviewed While drafting this report I reviewed the affidavits of Kerry Bell-Leon and Morgan Jones, as well as the Everest in the bag recovered from Kerry Bell-Leon on the evening of the alleged attack. I have never spoken to Kerry Bell-Leon or Morgan Jones nor did I request to. The affidavits I reviewed gave me all of the information I needed. While speaking to Kerry Bell-Leon and Morgan Jones may have certainly helped me to verify the assumptions I used in my analysis, I chose not to do so. All of the conclusions in this report are reached to a reasonable degree of scientific certainty. I have included all my conclusions related to this case in this report. This report is based on the latest scientific research on Everest and contains all of the essential information about the drug. Indeed, I do not believe

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there is any aspect of Everest usage related to this case that is not covered by this report. Background on Everest In 2007, hospitals across Midlands reported treating a gradually increasing number of patients using a new designer drug called “Everest.” Highly addictive, Everest (cathiones methylene) in its purified form poses few immediate risks to the user. This renders it more appealing than cocaine or heroin. Users tend to crave the euphoria they experience but suffer no physical withdrawal symptoms. For this reason, among people who have used Everest, over 70% reported that they used it again. This is an astounding figure. The effects of Everest, like many Concentration Symptom drugs, are dose-dependent. This 2 mg/L Mild Euphoria means that the effects of the Mild Nausea drug on the human body change 6 mg/L Headache as the amount of the drug Poor Motor Skills consumed—the dosage—is Anxiety changed. When the 9 mg/L Paranoia concentration of a drug reaches Moderate Nausea a certain level (and only at that Incomplete Memory Encoding point), the patient may 14 mg/L Limited Executive Functioning experience the symptoms Slurred Speech appropriate to that level of Severe Nausea concentration or that of any Death lower level of concentration. 25 mg/L Just because a patient has a Table 1: Everest Symptoms given concentration level does not mean the patient experiences all—or even any—of the symptoms associated with that level. When the concentration of Everest declines below a particular level, the patient is no longer at risk of the symptoms associated with that level. Moreover, it is possible that patients can develop a tolerance to a drug like Everest in which even higher concentrations than those given in Table 1 are needed to experience a given symptom. But, at no point is it scientifically possible to experience a symptom at a lower level of concentration than shown in Table 1. Everest is a stimulant that can cause marked increase to the heart rate. Everest users take the drug because it confers a short-term feeling of exhilaration. The effects of Everest at low doses (about 2 mg/L) are mild and often quite pleasant, encompassing symptoms like mild euphoria. At moderate doses, some negative short-term symptoms begin to be present. These symptoms can include mild to 2

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severe nausea and headaches as well as anxiety, panic, or a sense of general paranoia. Many Everest users are undeterred by these relatively mild symptoms in pursuing the Everest high. At higher doses, the negative effects of the drug increase markedly. At these levels (greater than or equal to 14 mg/L), Everest causes rapid and intense stimulation of the pre-frontal cortex, the center of the brain responsible for executive function and essentially human activities like decision-making, language, and memory. At this concentration, Everest inhibits the ability of the brain to encode memories, meaning a reduced ability of the individual to remember events experienced while under the influence of these higher doses of Everest. Unfortunately this symptom has been found desirable by some users who take Everest to “forget their problems” temporarily. Repeat users complain that the extent to which Everest allows them to escape painful memories deteriorates over time, causing those users to seek even higher doses because the symptoms begin to appear at higher concentrations than shown in Table 1. In addition, there is an infrequent complaint that high Everest concentration can have the opposite effect: because of the highly stimulated pre-frontal cortex, events perceived while under the influence of a high concentration of Everest are sometimes burned into the memory of the user with startling clarity, causing them to relive the moment over and over again. This effect is rare, and without a perfect record of the event perceived, an outside observer like myself cannot easily distinguish between a “burned,” accurate memory on the one hand and a poor memory on the other. At extremely high doses (greater than 25 mg/L), Everest is fatal. Table 1 summarizes the symptoms of Everest. There are no other symptoms of Everest other than those displayed in Table 1. Obviously, the effects of a drug on the human body are not constant over time after it is ingested. After a drug is ingested, the level of the drug within the human body gradually rises over time, eventually reaching a “peak level”—the greatest concentration of the drug in the system. As time passes, the body processes the drug and its effects wear off. For dose-dependent drugs like Everest, the symptoms experienced by the individual are determined by the drug level at a given point in time. More formally, when a drug is first ingested, the body enters an absorption phase in which the rate of drug absorption is greater than the rate of elimination. At peak concentration, the rate of absorption equals the rate of elimination. Following peak concentration, the rate of drug elimination is greater than the rate of absorption, and the body enters the post-absorption phase.

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The concentration of most drugs in the human body is affected by individuallevel factors, such as liver function, kidney function, and the subject’s demographic characteristics. Some drugs are highly lipophilic: they are stored in the body’s stores of fat. For those drugs, then knowing a patient’s height or weight is important to determine that drug’s concentration. Luckily, my analysis in this case was eased by the fact that Everest is entirely renally cleared, and therefore the level of the drug is relatively unaffected by demographic factors like height, weight, and gender. The best predictor of estimated renal function is age. Innumerable peer-reviewed studies have documented that knowing a patient's age does far more to predict their estimated renal function than knowing that person's height or weight. Because, unlike lipophilic drugs, Everest is entirely renally cleared, the formula I used provides valid results in the absence of direct information about a patient's height or weight. Additionally, there have been no documented reactions of Everest with other drugs, including alcohol. The Midlands legislature took note of the harmful effects of Everest, passing a bill signed into law in 2015 that criminalized the possession, sale, and use of Everest. Analysis My goal in this analysis was to determine the likely symptoms Kerry Bell-Leon was suffering when Kerry Bell-Leon was allegedly attacked on the evening of July 16, 2017. Because Kerry Bell-Leon admits to Everest usage earlier that evening, the key question is whether Kerry Bell-Leon was suffering from short-term memory loss caused by Everest, which would have compromised Kerry BellLeon’s recollections of the events. According to the toxicology report from Midlands City Hospital, Kerry BellLeon’s bloodstream still contained 7.6 mg/L of Everest at 1:00 A.M. By Kerry Bell-Leon’s own admission, Kerry Bell-Leon used Everest on a regular basis. Given information about variables such as timing and dose, pharmacokinetics provides a scientific tool that can be used to pinpoint the level of a drug in an individual at a given point in time. This is the analysis that I performed in this case. This analysis is the gold standard analysis used to determine the concentration of a drug in a patient’s system at a given point in time. The analysis relies on several factors: 1. Absorption Rate (ka). This is the rate at which the body processes the drug. It determines the amount of time it takes for the drug’s onset. For Everest, this constant is 1.47 mg/hour.

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2. Elimination Rate (ke). The rate at which the drug leaves the human body. For Everest and an individual between 30 and 40 years of age with normal renal functioning, which I assume Kerry Bell-Leon to be, laboratory testing indicates that the elimination rate of the drug is 0.52 mg/hour. If anything, this is a conservative value; the true value may be higher. 3. Volume of Distribution (V). The extent to which the drug is distributed in the body’s tissues rather than blood plasma. Generally, it reflects how a drug will be distributed throughout the body. It is based on physiochemical features of the drug (e.g. solubility) rather than physiological features of the patient. For Everest, this value is 20 liters. If anything, this is a conservative value; the true value may be higher. 4. Dose (D). The amount of drug that was initially ingested. Based on the statements of Kerry Bell-Leon and Morgan Jones, it is clear that Kerry Bell-Leon ingested a single Everest pill. Of course, these pill capsules are filled by non-pharmaceutical professionals, making it highly likely that there is a good deal of variance in the amount of Everest per pill. I was provided the set of pills that were found on Kerry Bell-Leon’s body later that night. While they were not necessarily from the same dealer as the drug ingested by Kerry Bell-Leon that night, they provide some estimation of the amount of Everest per pill capsule. The 20 pills I analyzed had a maximum value of 500 milligrams of Everest per capsule. I therefore used that amount in my calculation, acknowledging that my conclusions would likely be entirely different if there was substantially less Everest in the pill that Kerry Bell-Leon consumed that night. 5. Time (in hours) (t). The amount of time since the drug was ingested into the human body. Based on the time Kerry Bell-Leon left Chuggies, I assume Kerry Bell-Leon consumed Everest 1.25 hours before the attack (assuming the attack happened immediately preceding the 11:01 P.M. 911 call) and 3 hours before the hospital drew a blood sample. We use this information to plot the concentration of the drug over time (t in hours) using this standard first-order pharmacokinetics formula for an oral dose of a drug: 𝐷∗𝑘𝑎

Concentration(hour) = 𝑉(𝑘

𝑎 −𝑘𝑒 )

∗ [𝑒 −𝑘𝑒𝑡 − 𝑒 −𝑘𝑎𝑡 ]

This analysis produces the curve shown in Figure 1. As is clear from the figure, at the time Kerry Bell-Leon’s blood was drawn at the hospital, three hours after taking Everest, Bell-Leon’s body had entered the post-absorption phase, as is obvious from the negative slope of the line at the point three hours after the dose

5

Revised: 9/18/17 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217

of Everest (assuming that Kerry Bell-Leon took the Everest 1.25 hours before the attack, a point of which I cannot be sure).

218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242

Conclusions Figure 1: Concentration Curve Based on the amount of Everest in Kerry Bell-Leon’s body, I conclude that it is possible that Kerry Bell-Leon suffered from severe memory encoding issues at the time of the alleged attack. I consider Kerry Bell-Leon’s recollections of the attack severely compromised. In addition, at the time of the attack, at a concentration of greater than 14 mg/L, it is likely that Kerry Bell-Leon displayed at least some of the perceivable symptoms like poor motor skills or slurred speech. I am not any kind of combat expert but I can generally say Kerry Bell-Leon was probably more vulnerable than usual to being overpowered and this fact was likely apparent to anyone interacting with Kerry Bell-Leon.

Based on my calculations, the drug reached peak concentration between 60 and 75 minutes after the initial dose. Assuming again that the initial dose was at 9:40 P.M., Kerry Bell-Leon was experiencing a peak concentration slightly over 14 mg/L of Everest, an amount higher than the 14 mg/L typically expected to cause problems with memory encoding. Of course, if Bell-Leon took the Everest at a different point in time while at Chuggies, this conclusion would not apply. Importantly, both Kerry Bell-Leon and Morgan Jones note that they only took one Everest pill while at Chuggies.

Under the set of assumptions outlined in the previous section, I reach these conclusions. Any scientific analysis is dependent on its assumptions, and I acknowledge that the conclusions I reach in this report are extremely sensitive to the assumptions I used. Were the assumptions different, the curve would look different, and it would be highly improbable that Kerry Bell-Leon suffered from memory loss at the time of the attack. I acknowledge that is also a reasonable conclusion one could reach. Jones’s Everest Use I am also aware that Morgan Jones is a regular user of Everest. I am aware from Kerry Bell-Leon’s affidavit that Morgan Jones was using Everest on the evening of July 16, 2017, though I acknowledge that Jones does not admit to any Everest use on that evening. It is not unusual for drug users to lie about their drug use, 6

Revised: 9/18/17 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257

especially if they are addicts. Of course, Jones’s blood was never drawn at the hospital, and it is unknown whether Jones received Everest from anyone else on the evening of July 16, 2017. However, I assume that Jones and Kerry Bell-Leon took the same amount of Everest and did so at the same time. As a result, the same pharmacokinetic curve applies to Kerry Bell-Leon and Morgan Jones. Thus my conclusion also applies to Morgan Jones. Jones likely also suffered short-term memory loss and poor motor and speech skills at the time of the attack. Of course, the same limitations apply to my analysis of Jones as they do to my analysis of Kerry Bell-Leon.

258 259 260 261

In addition, there is surprisingly limited data on ex-users of Everest. Because Everest is severely habit-forming, the studies targeted towards ex-users were unable to find many participants who had successfully quit, as many participants relapsed during the course of the study.

262 263 264 265 266 267 268 269

Because widespread usage of Everest for recreational purposes has only recently blossomed, there have been very limited studies of that drug’s kinetics. As a result, the kinetics formula used to produce the analyses and conclusions discussed above was based entirely upon a formula that has been validated in vitro but not in vivo; it has been validated in a test tube in a lab but not in actual human subjects. Of course, there are ethics concerns with widespread clinical trials to determine the exact kinetics formulas, though the scientific community has validated in vivo formulas for nearly all major drugs.

Additional Limitations This report summarizes the major studies over the last decade regarding the effects of Everest use. There are, of course, some limitations to these studies. Because Everest has been a popular drug for less than 10 years, we only have data on people who have used Everest for, at most, 10 years.

7

Revised: 9/18/17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41

INTERVIEW OF DYLAN HENDRICKS

Exhibit 1

Midlands City Police Station DATE: July 17, 2017 TIME: 12:30 a.m. PART 1 ****************************************************************

Detective M. Nichols: Good afternoon. For the record, the speaker is Detective Nichols of the Homicide Unit. The individual being interviewed is Dylan Hendricks. Prior to this interview you filled out this form acknowledging that you waived your Miranda rights, correct? Dylan Hendricks: Correct. Det. Nichols: You know you weren’t supposed to fill out the bottom, right? Dylan Hendricks: What do you mean? Det. Nichols: This writing at the bottom. It’s yours, right? Hendricks: Yes, I just filled it all out. Det. Nichols: OK, thanks. You are very helpful. Looks like this isn’t your first run in with the law, isn’t that right? Hendricks: What are you talking about? Det. Nichols: Misdemeanor theft? Hendricks: Oh, that’s right. Back in 2010. I wasn’t in a good place. Served a few months in jail, learned to cook in 1

Revised: 9/18/17 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82

the commissary, and turned things around. I’m on the straight and narrow now. Det. Nichols: Well, as you know, we brought you in because you were just accused of trying to kill Kerry Bell-Leon. We just want to try to get your side of the story now. Hendricks: Well I did not do it. Det. Nichols: Do you know any reason why Kerry Bell-Leon would accuse you then? Hendricks: Revenge, I guess. I was having an affair with Kerry Bell-Leon’s spouse, Carmen. Kerry just wants to ruin my life! Det. Nichols: Really? That’s interesting. I’m surprised Kerry didn’t try to kill you. Were you visiting Carmen that night in the Jaywood Building? Hendricks: No, Carmen is out of the country right now. Ecuador. Visiting family. I wasn’t in the Jaywood Building at all. Det. Nichols: What were you doing in the area then? Hendricks: I run a food truck, Souper Soups. Det. Nichols: I’ve been there. It’s good. Hendricks: Thanks. I set up shop on Ellis Blvd. across from Chuggies bar to get the drunk crowd. You’d be surprised how many drunk people want soup, even in the summer. Det. Nichols: You’re right. I would be surprised. So why weren’t you at your truck selling soup when we saw you? Hendricks: I had already closed for the night. I saw all the commotion – you know, the ambulance and police - around the Jaywood Building and just walked over to see what was going on. 2

Revised: 9/18/17 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123

Det. Nichols: Well you received this citation for not having a permit to set up shop there. First of all, why’d you set up shop there without a permit? Hendricks: I always do it – all the food truck operators do. No one really gets permits for those things. Det. Nichols: Well didn’t you apply for a permit to sell somewhere else? I believe I have that application and permit right here. Hendricks: Yes, those are my application and permit. I got those before I knew everyone didn’t bother with that kind of stuff. Are you going to lock me up for that? Det. Nichols: We’ll see. I just want to go back a little bit. How did you meet Carmen? Hendricks: On Tender. Do you know it? It’s a Midlands-only dating app. Det. Nichols: When did you meet? Hendricks: We matched on Tender in February earlier this year and met up for coffee about a week after we started messaging each other. It got umm … romantic soon after that. Det. Nichols: Did you know Carmen was married? Hendricks: Carmen told me pretty soon. Probably in April. It didn’t matter. We are in love. Det. Nichols: It didn’t bother you that Carmen waited months to tell you that Carmen was married? Hendricks: Like I said, we’re in love. Nothing else matters. Det. Nichols: So are you still seeing Carmen? 3

Revised: 9/18/17 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164

Hendricks: Yes, or at least I think so. If Carmen ever comes back from Ecuador. Det. Nichols: Why wouldn’t Carmen come back from Ecuador? Hendricks: I don’t know. Det. Nichols: Did Carmen say anything to you about that? Hendricks: No. Det. Nichols: So why would you say Carmen won’t come back from Ecuador? Hendricks: That’s not what I said. I said, “If Carmen ever comes back,” and I don’t know why I said it. Det. Nichols: Did you ever meet Kerry Bell-Leon? Hendricks: Only once. Kerry came to Souper Soups, my soup truck, earlier in the day. Det. Nichols: You mean earlier today? Hendricks: Yes, I think I have a copy of the receipt on my phone. Ordered catfish chowder. Here it is. Det. Nichols: Yum. Did Kerry say anything to you when Kerry came to your truck? Hendricks: Wanted catfish chowder. Det. Nichols: Anything else? Hendricks: Not that I remember. Det. Nichols: So Kerry Bell-Leon just went and ordered catfish chowder from the person having an affair with Kerry’s spouse?

4

Revised: 9/18/17 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205

Hendricks: Yeah, I guess so. I don’t know if Kerry knows what I look like or what my name is. Det. Nichols: Did you know what Kerry looked like before Kerry came to your food truck? Hendricks: Sure, I saw Kerry’s picture around Carmen’s condo and even saw Kerry with Carmen a few times. Det. Nichols: I thought the only time you saw Kerry was at the food truck? Hendricks: No, no, no. That was the only time I met Kerry. I just saw Kerry the other times. Det. Nichols: Uh huh. What time did you close your truck? Hendricks: About 10:30. Det. Nichols: Doesn’t that seem a little early to get the drunk crowd? Hendricks: Not really. I guess people here go out early. Det. Nichols: What did you do after you closed the truck? Hendricks: I went home. Det. Nichols: Went home? We picked you up at the Jaywood Building. Where do you live? Hendricks: 555 S. Johnson Street. But I went back out. I just had to take the food truck home, you know? Det. Nichols: Uh huh. How did you get back downtown? Hendricks: I took an Uber. I got dropped off in front of Chuggies. Det. Nichols: So you drove all the way home and took an Uber back to the same spot? 5

Revised: 9/18/17 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246

Hendricks: You would too if you smelled like catfish chowder. Det. Nichols: Uh huh. Let’s take a break. Hendricks: Really? Det. Nichols: Yeah, Really. I just want to check on some things.

PART 2 Date: July 21, 2017 TIME 1:00 pm **************************************************************** Hendricks: Took you long enough. When are you going to let me go? Det. Nichols: I told you. I had to check on some things. You need to make bail if you want to leave. Hendricks: I can’t make bail. I run a food truck. What things were you checking on? Det. Nichols: For starters, you’ve been in Carmen and Kerry Bell-Leon’s condo, right? How many times? Hendricks: Sure, dozens of times. Det. Nichols: Does the floor plan look accurate to you? Hendricks: Yes, it does. Det. Nichols: And is this an accurate representation of the area around the Jaywood Building?

6

Revised: 9/18/17 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286

Hendricks: Yes, and it shows where I parked my food truck. Det. Nichols: Is this your receipt for a gun range? Hendricks: Yes. Carmen suggested I learned how guns work in case Kerry came after us. Carmen was really worried about self-defense. Det. Nichols: Do you know what these pills are? Hendricks: Sure, they are Everest. I can tell by the smiley faces. Det. Nichols: Have you ever used it? Hendricks: Nope, never. And I haven’t used any other drugs either. Det. Nichols: How do you know what it is then? Hendricks: I’ve seen it on the news. Det. Nichols: And is this your Uber receipt? Hendricks: Yeah, it is. How’d you get that? Det. Nichols: We have your phone remember. You should really put a password on it. Hendricks: Oh, yeah maybe. Det. Nichols: Can you tell me what these things are? Hendricks: These look like all the transactions for my food truck on July 16, 2017. See that one is Kerry! I told you that was the only time I saw Kerry. Det. Nichols: Were there any transactions other than those listed here that day?

7

Revised: 9/18/17 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327

Hendricks: No. Det. Nichols: And these Tender messages. Are they yours? Hendricks: Yes, they are mine. Det. Nichols: Are these all the messages you sent? Hendricks: No, Tender deletes messages after 30 days. Those are all the messages I sent in the last 30 days. Det. Nichols: Did you communicate in any other ways? Hendricks: We also talked on the phone. Det. Nichols: Why did you keep using Tender? Hendricks: It’s more private. Kerry was less likely to see Tender messages than a text message. The notifications don’t show up on your phone. And I doubt someone like Kerry even knows what Tender is. Det. Nichols: Were you and Carmen plotting to kill Kerry? Hendricks: No, of course not. Carmen was going to leave Kerry for me. Carmen had already told Kerry about the affair. Right before Carmen left the country. Det. Nichols: Take a look at the last message that Carmen sent you on June 25, 2017. Can you tell me what this emoji is used in this message? Hendricks: That’s a coffin. Det. Nichols: So Carmen left the country right after telling you that the only thing that mattered was a coffin? Hendricks: I didn’t say that. Det. Nichols: Look, we know you did this. You said it yourself. 8

Revised: 9/18/17 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348

Hendricks: What are you talking about? Det. Nichols: It’s not what I’ve been talking about. It’s what you’ve been talking about. We know you confessed to your cellmate Skyler Sinclair. Hendricks: I didn’t say anything to Skyler. Det. Nichols: We know you did. Skyler told us. Skyler told us you said that you made sure to get Kerry out of the way so you could be with Carmen. Hendricks: I said something like that, but I never told Skyler what I did. Det. Nichols: What exactly did you say? Hendricks: I want my lawyer. [End]

9

Revised: 9/18/17

Exhibit 2 NOTICE OF RIGHTS AND WAIVER FORM MIDLANDS CITY POLICE DEPT. Suspect Name: __Dylan Hendricks

.

Interviewer:

Det. Nichols

Location: ___MCPD – Downtown

.

Date/Time: __7/17/17 12:05 am

. .

Miranda Warning (Note: interviewer have suspect initial each right when read) DH

You have the right to remain silent

DH

Anything you say can and will be used against you in a court of law

DH

You have the right to talk to a lawyer and have that lawyer present with you while you are being questioned

DH

If you cannot afford to hire a lawyer, one will be appointed to represent you before questioning if you wish

DH

You can decide at any time to exercise these rights and not answer any questions or make any statements WAIVER

I have read this statement of my rights and I fully understand what my rights are. I do not want a lawyer at this time and am willing to speak with law enforcement officers. I understand and know what I am doing. No promises of any kind, hope of reward, favors, or threats have been made to me. Upon being advised of my constitutional rights, I wish to make the following verbal and/or written statement without my lawyer being present. I declare that I knowingly, voluntarily, and intelligently waive my constitutional rights.

Dylan Hendricks Signature of “Name” above

M. Nichols . Signature of “Interviewer” above

7/17/17 Date

7/17/17 Date

Department use only: Other person(s) of interest: Offense(s):

Carmen Bell-Leon______________________

Loving Too Much

.

1

Revised: 9/18/17 1

TRANSCRIPT OF PRELIMINARY HEARING

2

August 7, 2017

Exhibit 3

3 4 5 6 7

ATTORNEY FOR THE STATE OF MIDLANDS: For the record, now is the time and place set for a preliminary hearing, in the matter of the State of Midlands versus Dylan Hendricks. Let the record reflect that Defendant Hendricks is present with counsel. I would ask that the clerk swear in the witness.

8

[Witness Sworn]

9

BY THE STATE’S ATTORNEY:

10

Q: Please state your name and occupation.

11 12 13

A: My name is Pat Sikorsky. I am the director of the Criminalistics Laboratory for the Midlands Department of Criminal Investigation (MDCI), a position I have held since 2010

14

Q: What type of training and education do you have?

15 16

A: I hold a dual Ph.D. in Biology and Chemistry from Washington University in St. Louis. I have worked for the MDCI since 2000.

17 18

Q: Were you involved in the investigation of the incident involving Kerry BellLeon?

19

A: Yes. I personally conducted that investigation.

20

Q. Dr. Sikorsky, do you normally testify at trial in criminal cases?

21 22 23

A: Always. However, I was recently diagnosed with Stage 4 pancreatic cancer, and I have been told that I have at most a month to live. The trial date is still weeks away and I’m the only criminalist with direct knowledge of this case.

24

Q: Describe the investigation you conducted in this case.

25 26 27 28 29 30

A: At 12:15AM on July 17, 2017, I personally conducted an examination of the Bell-Leon family’s condominium, the hallways around the condominium, the condominium’s elevator, the doorknob to the condominium, the fire escape and the parking lot of the Jaywood Building. At 4AM, I conducted an investigation of Hendricks’s home, and Hendricks’s food truck, which was parked in the driveway of Hendricks’s home.

31

Q: What tests did you conduct?

32 33

A: I conducted a full battery of forensic tests. Three were particularly important: fingerprint analysis, touch DNA analysis, and gunshot residue analysis.

34

Q: Are these tests relied upon by criminalists like yourself?

35 36 37 38

A: Of course. I’ve testified about each of these methods hundreds of times. These techniques have passed peer review thousands of times and results such as these have been deemed admissible in court in hundreds of thousands of cases in the United States and tens of thousands of cases in Midlands. 1

Revised: 9/18/17 39

Q: Describe fingerprint analysis.

40 41 42 43

A: The ridges and furrows on the pads of human fingers create a pattern that is unique to an individual and does not change over an individual’s lifetime. Forensic scientists rely on these patterns to determine whether an individual’s finger(s) have come into contact with an object.

44

Q: What did you conclude from your fingerprint analysis?

45 46 47

A: In short, nothing useful. No usable fingerprint evidence was found on Exhibit 4 (the extension cord), Exhibit 6 (the key), Exhibit 7 (the gloves), Exhibit 8 (the Everest pills), or the gun depicted in Exhibit 5.

48

Q: What is touch DNA analysis?

49 50 51 52 53 54

A: Touch DNA is DNA recovered from the skin cells left behind when a person comes into contact with an object. Using as few as 80 to 140 cells, touch DNA techniques can recover a full DNA profile from an object or at the scene of an alleged crime. A polymerase chain reaction (PCR) was used to amplify fifteen (15) short tandem repeat (STR) loci (the core genetic loci used in the United States’ CODIS—Combined DNA Index System—database) and a sexing locus.

55

Q: Did you collect DNA samples from individuals involved in this case?

56 57 58 59 60

A: I personally obtained known samples of the DNA profiles from Kerry and Bailey Bell-Leon from a buccal swab performed at the hospital, from Dylan Hendricks from a buccal swab performed at the police station, from Morgan Jones from a buccal swab performed at Jones’s residence, and from Carmen Bell-Leon from a toothbrush in the family home.

61

Q: What did you conclude from your touch DNA analysis?

62 63 64 65 66 67

A: Kerry Bell-Leon’s DNA was found on the Exhibit 4 (the extension cord), specifically a DNA profile was found on the middle of the extension cord, three feet from one of the ends. A DNA profile found on the door to condo 6A matched the known DNA profile of Kerry Bell-Leon. The probability of finding this profile in a population of unrelated individuals, chosen at random, would be less than 1 out of 22 Billion.

68

Q: Did you find any other notable touch DNA?

69 70

A: No usable DNA evidence was found on Exhibit 6 (the key), Exhibit 7 (the gloves), Exhibit 8 (the Everest pills), or the gun depicted in Exhibit 5.

71

Q: What is gunshot residue analysis?

72 73 74 75

A: Whenever a firearm is fired, tiny heavy metals—barium, lead, and antimony— are expelled from the gun. Together, this residue is called gunshot primer residue, or GSR. GSR testing involves testing surfaces for the presence of these metals which are otherwise uncommon at such close proximity in nature.

76

Q: What did your gunshot residue analysis reveal?

77 78

A: Trace amounts of gunshot residue were found in the cabinet in the Utility Room of the Bell-Leon home. Additionally, trace amounts of gunshot residue 2

Revised: 9/18/17 79 80

were found on a pair of blue jeans in the home of Dylan Hendricks. No other gunshot residue was found in any of the locations I tested.

81 82

Q: Other than what we have discussed, did you uncover any forensic evidence of note?

83 84 85 86 87

A: No. You have asked me about everything of importance I found. Obviously, I found fingerprints and DNA evidence consistent with Jones, each of the BellLeons, and Hendricks throughout the home, parking lot, and condo building. But, given the admittedly frequent nature of those individuals with those locations, none of those locations were such that the information is forensically useful.

88 CROSS EXAMINATION

89 90

BY THE ATTORNEY FOR DYLAN HENDRICKS:

91

Q: Good morning. You found Kerry Bell-Leon’s DNA on the extension cord, right?

92

A: Yes.

93

Q: You don’t know when that DNA was left, right?

94 95

A: Yes. The DNA stays on an object for as long as the cells remain on that object.

96

Q: In fact, none of your tests tell us anything about time, right?

97

A: That’s incorrect.

98

Q: Fingerprint evidence tells you nothing about time, right?

99

A: Yes. Fingerprints remain on a surface until they are wiped away.

100

Q: DNA evidence tells you nothing about time, right?

101

A: Yes. DNA evidence remains on a surface until the cells are removed.

102

Q: GSR evidence tells you nothing about time, right?

103

A: Very little. GSR evidence remains on a surface until the particles are removed.

3

Exhibit 4

Exhibit 5

Exhibit 6

Exhibit 7a

Revised: 9/18/17

Exhibit 8

Exhibit 9

Exhibit 10

Exhibit 11

Revised: 9/18/17

Exhibit 12 PRENUPTIAL AGREEMENT AGREEMENT made this 8th day of August, 2003, between Kerry Bell (“KB"), and Carmen Leon (“CL"). Together, KB and CL are referred to herein as the “Parties."

WHEREAS, KB and CL contemplate marriage and wish to determine and define their rights, responsibilities, and obligations with respect to their property in the event of a dissolution of their marriage.

NOW, THEREFORE, the Parties agree as follows:

Article I Under this agreement, a Termination Event is defined as the soonest of the following events: 1. The date on which one Party provides the other Party with written notice of intent to dissolve the marriage. 2. The commencement of a divorce or separation.

Article II In the event of a Termination Event: 1. Marital Property shall be defined as all property acquired during the marriage (until the occurrence of a Termination Event) that is not Separate Property. 2. Except as outlined elsewhere in this agreement, each Party shall retain his or her Separate Property, including clothing and property belonging to the Party prior to the marriage. 3. Each of the Parties hereby waives any interest in the other Party’s Separate Property. 4. Each spouse will retain the vehicle leased to each in his or her name. 5. Jewelry (including wedding rings) will be retained by KB. 6. KB will retain the funds in the joint bank account. 7. CL will retain funds in CL’s personal account.

1

Revised: 9/18/17 8. The family condominium, 6A in the Jaywood Building, will be retained by KB. 9. In the event of infidelity on the part of CL, CL shall not be entitled to spousal support in accordance with Midlands State Domestic Relations Law. If the termination event happens in the absence of infidelity on the part of CL, CL shall be entitled to spousal support in accordance with Midlands State Domestic Relations Law. 10. Except as otherwise provided in this Agreement, all Property shall be divided between the Parties in accordance with the Domestic Relations Law of the State of Midlands. 11. In the event that either Party shall die prior to a decree of dissolution of marriage but after the occurrence of a Termination Event, all property shall be divided between the estate of the deceased spouse and the surviving spouse as set forth in this Agreement. 12. In the event that either Party shall die prior to a Termination Event while the Parties are in different countries, CL will be awarded an additional $250,000.

Kerry Bell

Carmen Leon

Delon Danby-Zurawski

Kerry Bell

Carmen Leon

Notary Public

2

Exhibit 13

Exhibit 14

Revised: 9/18/17

Exhibit 15a

Revised: 9/18/17

Exhibit 15b

Revised: 9/18/17

Exhibit 15c

Revised: 9/18/17

Exhibit 15d

Exhibit 16a

Exhibit 16b

Exhibit 17

Exhibit 18

Exhibit 19

Exhibit 20

Exhibit 21

Exhibit 22

Exhibit 23

Exhibit 24

Exhibit 25

Exhibit 26

Revised: 9/18/17

Exhibit 27

Exhibit 28

Exhibit 29

Revised: 9/18/17

Exhibit 30

Revised: 9/18/17

Exhibit 31

*********DeRosa’s Firing Range********* 07/15/2017 000001 BILL #0243 9:11AM DYLAN0012 CASH AUTHORIZATION #: 0204002 REFERENCE:

325235236

Guest Name: Dylan Hendricks 18 Shots $36.00 Baker 9 mm Revolver Total ***********CUSTOMER COPY***********

$36.00

Exhibit 32

Exhibit 33

mPayCash

Transaction Summary

This report displays a full listing of every payment made to your business between the report’s start and end times. Our software does not track the location of your point of service device.

Username:

souper_soups (Souper Soups)

Number of Terminals:

1 (Mobile, Chip-Enabled)

Accept Cash Payment?

No

Report Start:

16 Jul. 2017, 12:00:00 AM

Report End:

16 Jul. 2017, 11:59:59 PM

Date

Time

Amount Last Name $4.00 SHAIK $4.00 ABBOTT $4.00 CLASS

Card Number

7/16/17 7/16/17 7/16/17

7:03 PM 7:15 PM 7:16 PM

7/16/17 7/16/17 7/16/17 7/16/17 7/16/17

7:33 PM 7:45 PM 7:47 PM 7:59 PM 8:15 PM

$20.00 $18.00 $4.00 $12.00 $6.00

RICHARD HOBBS BIRCH LUCAS OLIVER

****-****-****-8293 ****-****-****-9068 ****-****-****-6510 ****-****-****-1875 ****-****-****-3803

7/16/17 7/16/17 7/16/17 7/16/17

8:19 PM 8:34 PM 9:12 PM 9:18 PM

$8.00 $18.00 $10.00 $8.00

HARRINGTON CHASE HANSEL FULLER

****-****-****-8514 ****-****-****-3234 ****-****-****-8923 ****-****-****-6348

7/16/17 7/16/17 7/16/17 7/16/17 7/16/17

9:44 PM 10:15 PM 10:18 PM 10:20 PM 10:22 PM

$4.00 $18.00 $14.00 $4.00 $4.00

KIM VASQUEZ CLEMENT BELL-LEON CANAL

****-****-****-1290 ****-****-****-4411 ****-****-****-1706 ****-****-****-7242 ****-****-****-1534

7/16/17

10:23 PM

$4.00 POWERS

****-****-****-3533 ****-****-****-1263 ****-****-****-5890

****-****-****-6411

Declaration of Aly Mido My name is Aly Mido, and under penalty of perjury, I declare that: 1. I am the Supervising Transaction Records Engineer for mPayCash. I have held that position since March 30, 2014. I write this declaration in response to the subpoena I received. 2. As part of my duties, and in the regular course of mPayCash business, I manage and maintain records of transactions by user-sellers. The records I maintain include logs of all transactions performed and specific details about those transactions. The purpose of these records is to maintain information for user-sellers and improve service provided to customers. 3. The attached Transaction Summary is a true and accurate copy of the transactions at Souper Soups between July 16, 2017 at 12:00 A.M. and July 16, 2017 at 11:59 P.M. This report is generated automatically; that is, no person is involved in its generation. 4. As its custodian, I have personal knowledge that this statement accurately reflects the transactions and Souper Soups at the listed time. I have no reason to doubt the accuracy of the information contained in the statement.

I swear under penalty of perjury that the foregoing is true, accurate, and complete to the best of my knowledge.

Aly Mido Aly Mido Signed before me on August 1, 2017:

M.L.E. Shiever M.L.E. Shiever Notary Public

Exhibit 34

Revised: 9/18/17

MIDLANDS CITY DEPARTMENT OF PUBLIC HEALTH CERTIFICATE I, ARSLAN T. R. JOHNSON, Director of the Vendor Licensing Division, of the Midlands City Department of Public Health, do hereby certify that I am the custodian of the records of Vendor Licensing Division and that Vendor Licensing Division is responsible for maintaining records of Mobile Food Truck Vendor Permits and Applications. I further certify that the attached

Food Truck Vendor Permit V -37509 issued to Souper Soups

is a true and accurate copy.

IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of the State of Midlands, this August 1, 2017.

Arslan T.R. Johnson Arslan T.R. Johnson

Exhibit 35

Midlands City Dept. of Public Health

FOOD SERVICE PERMIT APPLICATION

Establishment Information Updates to owners’ qualifications and the establishment’s menu must be immediately reported to the Midlands City Department of Health. Date of Application: New or Renewal Application? Location/Schedule of Operation: Dates:

January 1, 2017 (For permit expiring 1/15/2018) Renewal Mon.-Fri. 11AM – 7PM, Leckrone Lane Every Week

Permit Type Based on type of establishment and number of days of operation per year  Mobile Food Unit (Self Propelled, Operates 181-365 Days): $100.00  Seasonal Food Establishment (Operates 15-120 Days): $75.00  Pushcart (Non-self-propelled unit): $50.00 Zone Request Establishments must have a permit for a given zone in order to sell food in that zone. Zone Currently Assigned Zone Requested for 1/15/2016 – 1/14/2017 1/15/2017 – 1/14/2018  Zone A [Residential]   Zone B [Downtown]   Zone C [Other Commercial]  Zone A includes all areas zoned residential in Midlands City. Downtown Midlands includes the entire downtown area, including Main Street, Parker Street, and Ellis Blvd. Zone C includes midtown Midlands (including the courthouse square). Operator Information Name: Date of Birth: Home Address:

Dylan Hendricks August 15, 1983 555 S. Johnson Dr. Midlands City, Midlands

Describe Your Relevant Experience

1

I graduated from high school when I was 18. I didn’t go to college, but I received vocational training and practical culinary experience as a commissary worker when I was incarcerated at the Midlands State Correctional Facility. After being released from the MSCF, I worked as a line cook at Chili’s before I opened Souper Soups in 2014. Provide an overview of your menu (with pricing information) Souper Soups offers our customers a selection of six rotating soups every day. Every day, we offer our Timberlane Chili, Crazy Chicken Noodle Soup, and Catfish Chowder. The other three soups rotate every day and feature a selection of contemporary and classic culinary concoctions. We sell soups in two sizes: small ($4) and large ($6). We also sell bottled water and sodas for $2. All applicable taxes are included in those prices. There are no other items on the menu at any time. Have you been convicted of any crimes?  Yes  No If yes, please explain. On July 16, 2010, I accepted a plea bargain offer and pled guilty to an amended charge of misdemeanor theft. On March 17 of that year, I drunkenly stole a golf cart from the Midlands State University while I had my pistol on me so I got tagged with felony theft and misdemeanor possession of a firearm while intoxicated. I served a 6-month sentence, the maximum amount of jail time, for this conviction. I was not eligible for early release due to a physical altercation I was involved in while I was imprisoned. I accepted full and complete responsibility for this theft and was released in January 2011. If you are seeking a renewal, please list any changes to your permit you would like. I have always been assigned to a spot by Leckrone Lane on the courthouse square in midtown (Zone C). I think my food would be very popular downtown near Chuggies and the rest of the nightlife. I would like to receive a permit for Zone B (Downtown Midlands City), not just Zone C which is what I have currently been assigned. I understand that parking my truck in Zone B is illegal, so I never do it, but I’d like to be able to make more money and I hope the Midlands City Department of Health can help me do that. I swear, under penalty of perjury, that all information in this application is correct. Errors and omissions will delay processing and are punishable by law. Duly Subscribed and Sworn By Me: Dylan Hendricks

Aquilla Seigenthaler Notary Public

2

Revised: 9/18/17

MIDLANDS CITY DEPARTMENT OF PUBLIC HEALTH CERTIFICATE I, ARSLAN T. R. JOHNSON, Director of the Vendor Licensing Division, of the Midlands City Department of Public Health, do hereby certify that I am the custodian of the records of Vendor Licensing Division and that Vendor Licensing Division is responsible for maintaining records of Mobile Food Truck Vendor Permits and Applications. I further certify that that attached

Food Service Permit Application submitted by Dylan Hendricks

is a true and accurate copy.

IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of the State of Midlands, this August 1, 2017.

Arslan T.R. Johnson Arslan T.R. Johnson

Revised: 9/18/17

Exhibit 36 MIDLANDS CITY PARKING

CITATION Citation # Violation Issued

FINE

: : :

17-9385 Food Truck Permit Violation 07/16/17 11:04 P.M. SUN.

: $78.00

PLATE # VIN # PLATE STATE LOCATION SPACE

: : : : :

SOUPS4U 4DA79F72KLLTUYPEV MIDLANDS Ellis Blvd. 3

VEH MAKE VEH MODEL VEH COLOR

: : :

CHEVROLET UTILIMASTER MAROON

NOTES

:

TRUCK NOT PERMITED FOR THIS STREET. NO EMPLOYEE IN FOOD TRUCK WHEN OFFICER APPROACHED. LEFT CITATION ON WINDSHIELD.

OFFICER

:

C. Veniero FEE SCHEDULE

Pay By Thereafter

: 08/16/2017 : $153.00

*FINE INCLUDES $3.00 ADMIN FEE PAY ONLINE To pay your citation, please visit www.midlandscityparking.com

Revised: 9/18/17

MIDLANDS CITY CLERK OF COURTS CERTIFICATE I, JEFF THOMASCOTT, Director of the Convictions and Violations Division, of the Midlands City Clerk of Courts, do hereby certify that I am the custodian of the records of Convictions and Violations Division and that Convictions and Violations Division is responsible for maintaining records of parking and permit citations and violations. I further certify that that attached

Food Truck Permit Violation Citation #17-9385

is a true and accurate copy.

IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of the State of Midlands, this August 1, 2017.

Jeff Thomascott Jeff Thomascott

Revised: 9/18/17

Exhibit 37

PUBLIC RECORDS REQUEST Search Results: JURISDICTION: <> NAME: Hendricks, Dylan DOB: 8/15/83 ADDRESS: 555 S Johnson Drive, Midlands City, Midlands Records Found: 01

Search Results: JURISDICTION: <> NAME: Hendricks, Dylan DOB: 8/15/83 ADDRESS: 555 S Johnson Drive, Midlands City, Midlands Records Found: 00

Revised: 9/18/17 Record #1: Record Name: Hendricks, Dylan Jurisdiction: Midlands City, Midlands Source: Midlands City Circuit Court Type: Criminal DOB: 8/15/83 Address: 555 S. Johnson Dr., Midlands City, Midlands Case #: CR10-03-1985AB

Description: Court: Filing Date: Disposition Date:

THEFT MC Circuit 3/18/10 7/16/10

Case Type: Disposition: Amended Disposition: Sentencing:

Felony G Plea-Amend THEFT (M1) 6mo Mid Dept Corrections

Description:

POSS FIREARM INTOX MC Circuit 3/18/10 7/16/10

Case Type:

Misdemeanor

Disposition: Amended Disposition: Sentencing:

Merged N/A N/A

Court: Filing Date: Disposition Date:

Summary of case: Defendant stole a golf cart while at a football game on Midlands State University’s campus. At the time of arrest defendant was found to be in possession of a loaded firearm; defendant provided valid license to possess a firearm in the state of Midlands. No damage to the golf cart was reported; no person or property was injured. Defendant was under the influence of alcohol at the time of the offense. Defendant was charged with felony theft and misdemeanor possession of a firearm while intoxicated. Defendant pled guilty to the amended charge of misdemeanor theft; the firearm charge was merged or dismissed with the guilty plea to the amended theft charge. Defendant was sentenced to the maximum sentence of 180 days in the Midlands Department of Corrections. No fine was imposed. Costs of prosecution charged to defendant. No appeal was filed.

Revised: 9/18/17

MIDLANDS CITY CLERK OF COURTS CERTIFICATE I, JEFF THOMASCOTT, Director of the Convictions and Violations Division, of the Midlands City Clerk of Courts, do hereby certify that I am the custodian of the records of Convictions and Violations Division and that Convictions and Violations Division is responsible for maintaining records of criminal convictions. I further certify that that attached

Conviction of Dylan Hendricks Case #: CR10-03-1985AB

is a true and accurate copy.

IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of the State of Midlands, this August 1, 2017.

Jeff Thomascott Jeff Thomascott

Revised: 9/18/17

HORZOR

Exhibit 38

Cell Tower Service Report Customer Information Customer: Customer DOB: Customer Address: Customer ID: Plan Name: Phone Information Phone Type: Serial Number: Report Information Start Time: End Time:

Dylan Hendricks August 15, 1983 555 S Johnson Dr. Midlands City, Midlands DK3D34J235626 Midlands Silver (Unlimited Calls + 2GB Data/Month)

Stratosphere 5x 613200220039922001 July 16, 2017, 10:00 PM July 17, 2017, 12:35 AM

There are 3 calls that match the specified search: Time Call Type Number Duration Towers Pinged 10:26 PM Inbound (111) 555-9876 0:00 MCD001 MCD002 MCD003 11:10 PM Outbound (111) 555-9876 5:00 MCD002 MCD003 MCD004 11:25 PM Outbound (111) 555-1234 1:00 MCD002 MCD004 MCX074 This table lists every inbound and outbound call made or received by the phone listed at the top of this report during the specified time period. The report lists whether the call was an inbound or outbound call, the phone number that was dialed (outbound) or was calling (inbound), the duration of the call (in minutes: a duration of 6:35 indicates a call of six minutes and 35 seconds), and the cell tower(s) pinged by the phone at any point during the call.

Revised: 9/18/17 Declaration of Roger Michaels My name is Roger Michaels, and under penalty of perjury, I declare that: 1. I am the Chief Network Data Engineer for Horizor Cellular. I have held that position since January 15, 2014. I write this declaration in response to the subpoena I received. 2. As part of my duties, and in the regular course of Horizor business, I manage and maintain records of a database of cellular tower usage. The records I maintain include a log of cellphone calls and text messages. The information in these records is stored to optimize cellphone networks, maintain cellphone towers, and provide customer service to customers having network connection problems. 3. The attached Cell Tower Service Report is a true and accurate copy of the information logged on Dylan Hendricks’s phone between July 16, 2017 at 10:00 P.M. and July 17, 2017 at 12:35 A.M. This report is generated automatically; that is, no person is involved in its generation. 4. As its custodian, I have personal knowledge that this statement accurately reflects the status of all calls by customer Dylan Hendricks at the listed time. I have no reason to doubt the accuracy of the information contained in the statement.

I swear under penalty of perjury that the foregoing is true, accurate, and complete to the best of my knowledge.

Roger Michaels Roger Michaels Signed before me on August 1, 2017:

Brian Dressel Brian Dressel Notary Public

Exhibit 39

Revised 9/18/17

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