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| Greg's Trial Transcript | Adams' Trial Transcript |
| Prosecution Opening Statement to the Jury (vol 44) Now we're at Saturday. The evidence will show to you around 7:00 to 7:30 p.m. on Saturday, the Dallas Police Department got a 911 call. That call came from John Adams. He asked to meet with detectives. Detectives Dan Trippel and Det. Carlton Marshall, went to Industrial Boulevard close to downtown here, and they met up with John Adams. Prosecution questioning of Detective Dan Trippel (vol 45) Q. Again, let me direct your attention to approximately 7:30 p.m. on that Saturday and ask whether or not you received a 911 call? A. I did. Q. And as a result of that 911 call, did you meet an individual? A. I did. Q. And where did -- where did this meeting take place? A. We met at the Red Coleman's Liquor Store right here on Industrial. Q. Right here downtown, actually. Right down the street from the courthouse. A. Yes, sir. Q. And what is the name of the individual that you and Det. Marshall met on Industrial? A. He was later learned to be John Adams. Defense discussion with Judge and Prosecutor following questioning of Defense investigator who was unable to locate vital witness, Daniel McGaughey. (Vol 46) MR. BRAUCHLE: Your Honor, as the Court is aware from examining what's been admitted for record purposes as Defendant's Exhibit 2, the defense's position is that the testimony of Mr. McGaughey would be critical in regard to the defense in regard to this case in that the statements contained in Defendant's Exhibit 2 clearly reflect a statement against penal interests made to a witness. In fact, those are the first statements of any type made by the co-defendant in this case, Mr. Adams, and those -- those first statements are different from the statements that have been previously provided to us by the -- the State in regard to the discovery that has been ongoing with the Court and between the State and the defense. The previous statements of Mr. McGaughey are contained in the X documents which are in the Court's file, which the Court's aware of, and until sometime Monday, the — the defense was not aware that a statement different from, or other than those previously provided to the defense, existed. Because of that, we would re-urge our motion for continuance in regard to obtaining an issuance of a subpoena for Mr. McGaughey, and presenting him to the Court and bringing him forward. This request is not made to unduly delay or to hamper this trial in any way. I think the Court could easily see the importance of this witness's testimony, and the importance of the exculpability of it for the defense, and we would continue to re-urge our motion for continuance on this new ground in that regard. THE COURT: Any response, Mr. Davis? MR. DAVIS: Yes. My response would be that if you look at State's Exhibit X-l, again, which was filed September the 29th, 1997, the voluntary statement of Daniel McGaughey is contained in that document, and I don't believe is in any way inconsistent with what we've seen today. In fact, it says, "A man came and asked me to call the police. When asked why, he told me there was a murder and he wanted to turn himself in." I don't see how that's in any way inconsistent. That's certainly -- it's been now over two months since the defense has had that statement from Daniel McGaughey where John Adams came into the 24-Hour Video, talked about the murder; said he wanted to turn himself in. He says, "I asked him where this murder took place, and he got real angry. He told me it took place in DeSoto." He couldn't live with himself any longer; to call the police, give him his description and he'd be out by the curb. So, you know, certainly there's been -- there's been knowledge on the part of the defense of the importance or nonimportance of Daniel McGaughey for two months now, and, so again -- and I'll just -- that information has been given to the defense. Whether they have chosen to, you know, look into it or not before today, I'm not sure, but certainly they've had knowledge of that conversation that John Adams had with that man for over two months now. MR. BRAUCHLE: Well, Your Honor, I think it's quite apparent that certainly we were provided with the statement that said there was a murder that took place in DeSoto. I think the return in the Indictment told us that. But as the Court is aware by viewing Defendant's Exhibit 2, this is in quotations and is a direct quote, stating, "I murdered someone in DeSoto, and I can't deal with it. I want to turn myself in." And certainly that is a great -- a great deal of difference than there was a murder and he wanted to turn himself in. That's -- that's the first statement that Adams made to anybody in regard to this -- this murder, and this --as it's shown in Defendant's 2, the direct quotation is -- is quite a bit different from McGaughey's statement that was taken some days later and some time later. THE COURT: All right. Anything else? MR. BRAUCHLE: No, Your Honor. THE COURT: All right. I will withhold ruling on your request at this time until we've reached the end of the State's case, at which time we'll readdress the issue, but I want the record to be clear that the fact that I have heard your request and that I will rule on it in the future, does in noway indicate from the Court that I am saying this was the first statement given by Mr. Adams. I do not know that, and so the record is clear, I'm not saying it is or it isn't, but if the record is at some point in time reviewed, then I want the record to reflect that I'm not confirming it is or is not the first statement. Obviously, I don't have that information at this point in time to make that determination, but I will make a ruling on your request for a continuance at the end of the State's case. MR. BRAUCHLE: Well, I think that if the Court reviews the testimony of Trippel, Off. Trippel, yesterday, that that would coincide with -- with what we're going to.Also, in that regard, in regard to Off. Trippel's testimony, it would seem that there were two 911 tapes that were made, which are given service numbers, Dallas Service Number 251842-F, and 251908-F, one being the 911 call of Mr. McGaughey, and the other one being the 911 call of Mr. Adams. We would request to be provided with those at this time, also. And that the first -- we had asked if 911 tapes existed prior to the start of the trial. We were told that there were none, but this would seem that there -- there are 911 tapes in existence, and we would ask to be provided with those under exculpatory evidence rules. THE COURT: All right. Mr. Davis, I just have a few questions in that regard. Do you know of any 911 tapes that exist today? MR. DAVIS: No, Your Honor, I do not. THE COURT: Did any 911 tape exist at the time of the pretrial hearing in regards to that request? MR. DAVIS: I can say this to the Court: That I know that a 911 tape did exist at one point. Det. Trippel and Marshall had informed me, when I asked them for that 911 tape, they have informed me that they brought that up there to the front desk of our office on the 11th floor. We have inquired of the receptionist up there on the 11th floor, and she has stated to us that she did not receive any 911 tapes. We have checked everywhere that we can possibly check. I have never been in possession of the 911 tape, and, again, talking about Detectives Trippel and Marshall, they are no longer in possession of the tape, so I don't know where it is. I have never seen it. They say they delivered it to our office, but our office has no record of receiving it, so at this point, I don't know that it exists. THE COURT: If there's anything else that needs to come up on this issue, we'll take it up later. I think we're ready for the jury at this point. This issue was not addressed further during the trial and the Jury never learned of the existance of the first 911 call !!!!!!! |
DIRECT of CARLTON MARSHALL by MR. DAVIS (HRG) July 22, 1998 VOLUME 32 A. There were two calls, sir. One call was made by a store clerk named Daniel at a video store on Industrial. And basically his comments were there was a man here wearing a hat and black outfit who says that he wants to turn himself in regarding a -- he says he killed some people and he wants to turn himself in. The second call was a call made by Mr. Adams himself and that -- let's see if I remember -- basically amounts to he had witnessed a murder and wanted to talk to the police about a murder. <..................> Q. With regards to the 911 tape, have you -- have you tried to obtain a copy of the 911 tape? A. Yes, sir, I did. I went to the communications division. I made a copy of both phone calls. However, when I -- I delivered the copy, I believe you were gone and I believe your -- Investigator Richardson was gone, and I don't know what happened to it after that. Q. You don't have any way of obtaining another copy, do you? A. No, sir. But at the time that we found out that that copy was missing, the master tape was gone. Q. Was gone? A. Yes, sir. They get to change that every 30 days. By the time we found out it was missing, the master tape had already been changed out and I couldn't get another copy. CROSS-EXAMINATION BY MR. PICKETT: Q. Detective Marshall, I understand that you actually took the copy of the 911 conversations to the District Attorney's Office in this building on the 11th floor. A. Yes, sir. Q. And you left it. A. Yes, sir. Q. And you haven't seen it since. A. Haven't seen it since; no, sir. MR. PICKETT: That's all we have. <..................> MR. DAVIS: If I could just place on the record regarding Officer Marshall's statements about delivery of the 911 to our office, I have made every effort to locate that tape. I have never received the tape. I have talked with my investigator Willie Richardson. He has never received that tape. We have gone to the women who work at our reception desk. They have no record of having ever received the tapes. We have made a diligent effort throughout our office to locate the tapes in the hopes that perhaps they were delivered to the wrong person. We simply cannot locate those tapes. The court, then, allowed the Jury to hear evidence of the first 911 call from Det. Marshall, in which it is clearly stated that Adams admitted responsibility for the murder. It had not done so in Greg's trial. Nor, in Greg's trial, did the Judge allow for the subpoena of this vital witness, Daniel McGaughey. |
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