Appendix — Richard v. Indiana

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Said items constitute evidence of the commission of

the offense of Possession of Marijuana and Possession

of Paraphernalia.

Affiant believes there is probable cause to search

based upon the following facts

Patty Keim (Riddle School Counselor) contacted me on

today’s date. She stated that she was approached by a student

by the name of [C.R.] and told her she had been in one her

barns on Friday, October 10 after school. While in the barn

she observed what she believed was marijuana. | advised |

would come to the school to speak with the student.

At approximately 1:00PM | went to Riddle Elementary

Schoo! to speak with [C.R.], Mrs. Keim, and Mrs. Johnson

(School Principal). During the interview(C.R.] again stated

she had been in the barn on Friday and found what she

believed was marijuana. She stated she knows what it is

because she has been around it before [C.R.} stated she was

in the barn just to the east of her house with a U-shaped drive.

She houses rabbits in this barn. She stated near her rabbit

cages there are blue tarps and under the tarps is located

several plants drying. She also stated there is a blue tub that

contains camouflage bags with the same type of plant

material. [C.R.] then stated that in the barn near this same

barn was an upper area she gained access to by climbing a

ladder. In this area she located more of the same type of

plants drying

| asked [C.R.} if they had any marijuana in the house. She

stated they always had marijuana in the drawer near the stove.

She stated they kept it in a white case. She then spoke of a

hidden room in the basement area near the furnace room. She

stated this room had bi-fold doors and then remove items

from in front of the panel and then go into the dim room. She

stated she had been in the room before when there were plants

growing. She is not aware if there are any plants in there at

this tyme

Wherefore affiant requests the Court to issue a search warrant

directing the search for and seizure of the above-described

property

Ex. Vol., State’s Ex. 1; Appellant’s App. Pp. | 1-12

The warrant was issued and executed at |:58 p.m. on October

13, 2003. During their search of the Richard property, the officers

found marijuana in a kitchen drawer and master bedroom. In a

“hidden room” in the basement the officers found marijuana, buckets

of dirt, and plant fragments on the floor. In the barns, officers found

camouflaged bags with small quantity of marijuana inside and a barrel

full of marijuana. In a second barn, they discovered a large quantity

of marijuana in the loft. The net weight of the marijuana was 15.35

pounds.

On October 17, 2003, Richard was charged with two counts

of Class C felony dealing in Marijuana,’ Class D felony battery, and

Class A misdemeanor resisting law enforcement. On December 22,

2003, Richard filed a motion to suppress the evidence seized during

the search of his house and barns. The motion was denied and

Richard moved to certify the trial court’s order for interlocutory

appeal. The trial court denied Richard's motion to certify.

On April 6, 2004, Richard pled guilty to battery as a Class

charge. A bench trial commenced on that same day. The trial court

A misdemeanor and the State dismissed the resisting law enforcement

’ The first count alleged that Richard possessed more than ten pounds of

marijuana with the intent to deliver and the second count alleged that Ruchard

manufactured more than ten pounds of maryuana. Appeilant’s App. P. 8

found Richard guilty of both counts of Class C felony dealing in

marijuana. At sentencing, the court withheld entry of judgment on

one count of Class C felony dealing in marijuana and sentenced

Richard to a term of six years executed on the second count of Class

C felony dealing in marijuana. He was also sentenced to time served

on the Class A misdemeanor battery conviction. Richard now

appeals. Additional facts will be provided as necessary.

Discussion and Decision

Richard argues that the trial court abused its discretion when

it admitted the evidence seized during the search of this house and

barns. “The evidentiary rulings of a trial court are afforded great

deference and are reversed on appeal only upon a showing of an

abuse of discretion.” Reynolds vy. State, 797 N.E.2d 864, 867 (Ind.

Ct. App. 2003). An abuxe of discretion occurs if a trial court’s

decision is clearly against the logic and effect of the facts and

circumstances before it. Pickens vy. State, 764 N.E.2d 295,297 (Ind.

Ct. App. 2002), trans, denied.

Richard argues that the search warrant was not supported by probable

cause because the probable cause affidavit did not “contain facts

sufficient enough to establish eight-year-old C.R.’s

credibility and basis of knowledge.” Dr. of Appellants at 7. Richard

also contends that the affidavit did not contain sufficient information

corroborating C.R.’s hearsay statements.

Both the Fourth Amendment of the United States Constitution

and Article One, Section Eleven of the Indiana Constitution demand

that no search warrant be issued unless it is supported by probable

cause. “Probable cause is a ‘fluid concept incapable of precise

definition. ..{that]} is to be decided based on the facts of each case.”

Creekmore vy. State, 800 N.E.2d 230, 233 (ind. Ct. App. 2003)

(quoting Figert v. State, 686 N.E.2d 827, 830 (Ind. 1997)).

In deciding whether to issue a search warrant, “’[t}he take of

the issuing magistrate is simply to make a practical, common sense

decision whether, given all the circumstances set forth in the

affidavit...there is a fair probability that contraband or evidence of a

crime will be found in a particular place.” Query v. State, 745

N.E.2¢ 769, 771 (ind. 2001) (quoting Illinois v. Gates, 462 U.S. 213,

238 (1983)). The duty of the reviewing cour is te determine whether

the magistrate had a “substantial basis” for concluding that probable

cause existed. Id. A “substantial basis” determination requires the

reviewing court, with significant deference to the magistrate’s

determination, to focus on whether reasonable inferences drawn from

the totality of the evidence support the determination of probable

cause. Houser v. State, 678 N.E.2d 95, 99 (Ind. 1997). A “reviewing

court” for these purposes includes both the trial court ruling on a

motion to suppress and an appellate court reviewing that decision. Id.

At 98. In this review, we consider only the evidence presented to the

issuing magistrate and not post hoc justifications for the search.

Query, 745 N.E.2d at 771.

When a probable cause affidavit is based on hearsay, “the

affidavit must either: (1) contain reliable information establishing the

credibility of the source and of each of the declarants of the hearsay

and establishing that there is a factual basis for the information

furnished; or (2) contain information that established that the totality

of the circumstances corroborates the hearsay.” Ind. Code § 35-33-5-

2(b) (1998) “[T]}he hearsay ‘must exhibit some hallmarks of

reliability.” Leicht vy. State, 798 N.E.2d 204, 207 (Ind. Ct. App.

2003), trans. Denied (quoting Jaggers vy. State, 687 N.E.2d 180, 182

(Ind. 1997))

Our courts have observed that there are tow categories of

informants: Professional informants and cooperative citizens.

Clifford v. State, 474 N.E.2d 963, 969 (Ind. 1985). The test for

determining the reliability of each group of informant is different.’

Id, Cooperative citizens who act as informants

“include victims of crime or persons who personally witness

a crime. These individuals generally come forward with

information out of the spirit of good citizenship and the desire

to assist law enforcement officials in solving crime. They are

usually one-time informants and no basis exists from prior

dealings to determine their reliability. Further, information of

this type usually goes to past completed crimes rather than

future or continuing crimes.

Some jurisdictions have therefore held that informants of this

type are to be considered reliable for the purpose of

determining probable cause unless incriminating

circumstances exist which cast suspicion upon the informant’s

reliability.”

Id. (quoting Pawloski v. State, 269 Ind. 350, 354, 380 N.E.2d 1230,

1232-33 (1978)). See also Frasier v. State, 794 N.E.2d 449, 457 (Ind.

Ct. App. 2003) (“Information gleaned from cooperative citizens who

are either eyewitnesses or victims of a crime may be relied upon in

determining whether probable cause exits for a search where there are

no circumstances which call the informant’s motives into question.”).

However, “the requirement for corroboration is not totally eliminated.

The amount of evidence necessary to satisfy the probable cause test is

largely determined on a case-by-base basis.” Pawlaski, 269 Ind. At

355, 380 N.E.2d at 1233.

* The reliability of hearsay from a confidential informant can be established in a

number of ways, including where: (1) the informant has given correct

information in the past, (2) independent police investigation corroborates the

informant’s statements, (3) some basis for the informant’s knowledge is

demonstrated, or (4) the informant predicts conduct or activities by the suspect

that are not ordinarily easily predicted. Jaggers v. State, 687 N.E.2d 180, 181

(Ind. 1997) (citation omitted)

In this case, C.R. falls into the category of citizen informants

and there are no incriminating circumstances which cast suspicion

upon her reliability. C.R. voluntarily told her school counselor that

there was marijuana on Richard’s property.’ Moreover, her young

age does not render her statements unreliable. Although a child under

the age of ten was formerly presumed to be incompetent, the statute

setting forth that presumption was repealed in 1990. The applicable

rule is now found in Indiana Evidence Rule 601, which provides,

“le}very

person is competent to be a witness except as otherwise provided in

these rules or by act of the Indiana General Assembly.” Ind.

Evidence Rule 601 (2004).

Rule 601’s “failure to presumptively exclude children does

not prohibit special inquiry into their competency prior to

testifying when the issue is raised by defendant.” The rule

“read in conjunction with the repeal of the subdivision

regarding children in the witness competency statute,

abandoned the previous arbitrary lines drawn regarding age,

in favor of the rule which assumes competency until

otherwise demonstrated cy the opponent of the testimony.”

Aldridge v. State, 779 N.E.2d 607, 609 (Ind. Ct. App. 2002), trans.

Denied (Quoting Burrell v. State, 701 N.E.2d 582, 585 (Ind. Ct. App.

1998)).

When a child is called to testify at trial, the trial court has the

discretion to determine if a child witness is competent based on the

court’s observation of the child’s demeanor and responses to A

child’s competency to testify at trial is established by demonstrating

that he or she (1) understands the difference between telling a lie and

the questions posed by counsel and the court. Haycraft v. State, 760

N.E.2d 203, 209 (Ind. Ct. App. 2001), trans. Denied (citing Newsome

’ That Richard and C.R.’s mother were involved in a contentious paternity

dispute over C.R.’s sibling is not an incriminating circumstance which casts

suspicion on C.R.’s reliability or calls C.R.’s motives into question.

v. State, 686 N.E.2d868, 873 (Ind. Ct. App. 1997)). telling the truth,

(2) knows he or she is under a compulsion to tell the truth, and (3)

knows what a true statement actually is. Harrington v. State, 755

N.E.2d 1176, 1180 (Ind. Ct. App. 2001) (citing Newsome, 686

N.E.2d at 872).

However, establishing a child’s competency to testify at trial utilizing

those three factors is required for testimony under the “beyond a

reasonable doubt” standard. The issuing judge or magistrate applies a

lower standard to determine whether probable cause to search exists:

“Whether there is a fair probability that contraband or evidence of a

crime will be found in a particular place.” See Query, 745 N.E.2d at

771 (emphasis added). Moreover, probable cause “may be

established by evidence that would not be admissible at trial.”

Lamagna vy. State, 776 N.E.2d 995, 958 (Ind. Ct. App. 2002).

Therefore, although a determination of a child’s competency utilizing

the test set forth above would assist in our review of probable cause

cases involving child informants, we will not require law enforcement

officers to make such a specific inquiry into a child’s competency for

the purposes of establishing probable cause to issue a search warrant.

Finally, although we have determined that C.R.’s age does not

render her statements unreliable and that there are no incriminating

circumstances that cast suspicion upon C.R.’s reliability, we must sill

consider whether the reasonable inferences drawn from the totality of

the evidence support the determination of probable cause. Officer

Campbell’s affidavit reveals that after voluntarily making a statement

to her school counselor, C.R. told Officer Campbell that she

personally observed what she believed to be marijuana in the bam

where she keeps her rabbits. She then stated that several plants of

what she believed to be marijuana were located under blue tarps near

her rabbit cages. C.R. also told Officer Campbell, “there is a blue tub

that contains camouflage bags with the same type of plant material.”

Appellant’s App. P. 12. C.R. stated that there is marijuana located in

the upper area of a second barn and that she gained access to that area

by climbing a ladder. In addition, C.R. stated that there is always

marijuana in a white case in a drawer near the stove in the house. She

also described a “hidden room” in the basement near the furnace

room where she had seen marijuana plants growing in the past. Id.

Finally, C.R. stated that she knows what marijuana is because she has

been around it before.“ Appellant’s App. P. 11

We conclude that C.R.’s personal observation of the

marijuana, the specificity of her statements with regard to the location

of the marijuana, and her statement that she knew the appearance of

marijuana from being “around it before” formed a substantial basis

upon which the issuing magistrate could determine that there was a

fair probability that evidence of possession of maryuana would be

found in Richard's barns and residence. Accordingly, we conclude

that the search warrant was supported by probable cause, and

therefore, the trial court acted within its discretion when it admitted

the evidence seized during the execution of the search warrant

* The facts of this case are similar to those in State y. Yeomans, 10 S.W.3d 293,

295 (Tenn. Crim. App. 1999), in which a twelve-year-old juvenile informed law

enforcement officials that “marijuana could be found in a black pouch under the

couch of the defendants[‘} home.” She also stated that she had seen the

defendant smoking marijuana and storing marijuana throughout the residence

Id. Finally, the twelve-year-old explained that she knew what maryuana looked

and smelled like from berg around i before. Id. Concluding that the affidavit

was sufficient to establish probable cause, the Tennessee court stated:

[T)he juvenile stated that she was familiar with the appearance and smell of

marijuana. Unfortunately, it is not unreasonable to conclude that a twelve-

year-old would be familiar with marijuana.... Even though the age of the

informant is certainly relevant, the mere fact that the citizen was a juvenile,

age 12, does not preclude a finding of reliability

Affirmed

DARDEN, J., and FRIEDLANDER, J., concur ld. At 296

While we also conclude that C.R.’s age does not preclude a finding of

reliability because is not inconceivable that an eight-year-old would know

what marijuana looks like, had Officer Cambell ased C.R. to describe that

appearance of marijuana, this would be an easier case to resolve. See ¢.2. State

v. Warroll, 22 P3d 182. 183. 185 (mont. 2001) (citing Stave v. Warroll, 976 P.2d

968, 971 (Mont 1999) (An eleven-year-old’s statements that he personally

observed marijuana growing on the defendant's property, that he know what

marijuana looked like from seeing a plaint at his aunt’s house and pictures on

cigarette lighters, and his description of the difference between marijuana and

tomato plants formed a substantial basis for concluding that probable cause

supported the issuance of the search warrant.))

CLERK

SUPREME COURT, COURT OF APPEALS, AND TAX

COURT

STATE OF INDIANA

217 STAE HOUSE, INDIANAPOLIS, IN 46204

317-232-1930 * FAX 317-232-8365

David C. Lewis

Clerk

DALE ALLEN 25A05-0405-CR-00243

Lower Court Number:

5655 BROADWAY 25C010310FC73

MERRILLVILLE, IN 46410

RICHARD, CARL -V- STATE OF INDIANA

You are hereby notified that the SUPREME COURT has on this day

3/31/05

THIS MATTER HAS COME BEFORE THE INDIANA

SUPREME COURT ON A PETITION TO TRANSER

JURISDICTION FOLLOWING THE ISSUANCE OF A

DECISION BY THE COURT OF APPEALS. THE PETITION

WAS FILED PURSUANT TO APPELLATE RULE 57. THE

COURT HAS REVIEWED THAT DECISION OF THE COURT

OF APPEALS. ANY RECORD ON APPEAL THAT WAS

SUBMITTED HAS BEEN MADE AVAILABLE TO THE

COURT FOR REVIEW, ALONG WITH ANY AND ALL

BRIEFS THAT MAY HAVE BEEN FILED IN THE COURT OF

APPEALS AND ALL THE MATERIALS FILED IN

CONNECTIOON WITH THE REQUEST TO TRANSFER

JURISDICTION. EACH PARTICIPATING MEMBER OF THE

COURT HAS VOTED ON THE PETITION. EACH

PARTICIPATING MEMBER HAS HAD THE OPPORTUNITY

TO VOICE THAT JUSTICE’S VIEW ON THE CASE IN

CONFERENCE WITH THE OTHER JUSTICES

BEING DULY ADVISED, THE COURT NOW DENIES

THE APPELLANT'S PETITION TO TRANSFER OF

JURDICTION

RANDALL T. SHEPART, CHIEF JUSTICE

ALL JUSTICES CONCUR, EXCEPT FOR SULLIVAN AND

RUCKER, J.J. WHO VOTE TO GRANT TRANSFER. KM

WITNESS my name and the seal of said Court

This 14TH day of JANUARY, 2005

Clerk, Supreme Court, Court of

Appeals and Tax Count

2004 14:13:56

CHRONOLOGICAL CASE SUMMARY

CRIMINAL DOCKET, FULTON CIRCUIT COURT

POR CAUSE NO: 25C01-0310-FC-00073

RICHARD, CARL A

THE HONORABLE DOUGLAS B MORTON

DATE FILED 10/17/2003

ORIG PILE DT: 10/17/2003

2920-25 RICHARD A BROWN

815 MAIN ST - ROOM 30)

P © BOK 237

ROCHESTER IN 46975

574-223-4333

252525-25 PROBATION OFFICER

COURTHOUSE

ROCHESTER IN 46975

10485-64 DAL ALLAN

5655 BROADWAY

MERRILLVILLE IN 46410

219-981-3998

23884 -64

MERRILLVILLE IN 46410

219-981-3998

10/17/2003 Notice:

Richard A. Brown files Appearance, information for Dealing in

Marijuana-Count I; Information for Dealing in Marijuana-Count II;

Mon Jun 21 2004 14:13:56

CHRONOLOGICAL CASE SUMMARY

CRIMINAL DOCKET, FULTON CIRCUIT COURT

FOR CAUSE NO: 25C01-0310-PC-00073

RICHARD, CARL A

THE HONORABLE DOUGLAS B MORTON

ACTION DATE FILED: 10/17/2003

ORIG FILZ DT: 10/17/2003

Information for Battery Resulting in Injury to a Law Enforcement

Officer-Count III and Information for Resisting Law Enforcement -Count IV

and Motion to Revoke Bail and also presente Probable Cause Affidavit. It

is noted that an Order was signed for probable cause on October 14, 2003,

but made of record this date.

10/20/2003 Notice: M RJO: Y Vol: 28 By: 142

Initial hearing held ani the Court makes ite Order on Initial Hearing and

issues Discovery Order with pre-trial conference scheduled for November

24, 2003 at 11:00 a.m. and trial date of Pebruary 25, 2004 at 8:30 a.m

(Copy R.Brown and Hirschauer) .

SKE 10-22-03

10/22/2003 Notice: M

Cash and Surety Bond filed

10/28/2003 Wotice: M RIO: WN

Dale Allen files Appearance and Defendant's Motion to Produce Evidence.

10/29/2003 Wotice: M RJO: ¥ Vol: 28 Py: 149

Court enters Order upon defendant's Motion for Discovery.

State files Record of Discovery.

10/30/2003 WNotice: M RO: NW

Defendant files Motion to Set Bail. Pre-trial set for November 24. 2003

at 11:00 a.m.

This cause now scheduled for hearing upon defendant's Motion to be Let for

Bail and State's Motion to Revoke Bail for 1:00 p.m., October 31, 2003.

(Copy R.Brown ard Dale Allen).

SKB 10-30-03

10/31/2003 Notice: M RO: N

Hearing held and evidence and argument presented concerning bail issues.

Cause taken under advisement .

11/03/2003 Notice: M RJO: Y¥ Vol: 28 Pg: 151

The Court makes ite Order upon bail issues. (copy entry and order to

R.Brown, Allen & Probation)

SKE 11-3-03

11/12/2003 Notice:

Mon Jun 2) 2004 14.13:56

CHRONOLOGICAL CASE SUMMARY

CRIMINAL DOCKET, FULTON CIRCUIT COURT

POR CAUSE NO: 25C01-0310-FC-00073

RICHARD, CARL A

THE HONORABLE DOUGLAS B MORTON

ACTION: DATE FILED: 10/17/2003

ORIG PILE OT: 10/17/2003

Recognizance Bond filed. (copy attorneys) SKE 11-21-03

11/21/2003 Notice: M RJO: WN

Court receives fax of Defendants Petition to Modify Bond Order.

11/24/2003 Notice: M RJO: WN

Matthew D. Barrett files Appearance for defendant. It is noted this was ma

iled by certified mail with of November 20, 2003.

Defendant files original Petition to Modify Bond Order.

Defendant appears in person and by counsel. By agreement of the parties r

pretrial conference is reset to 1-12-04 at 11:00 a.m.

11/24/2003 WNotice: M BJO: Y¥ Vol: 28 Py: 164

The Court makes ites Order rescheduling cause to Jarwary 12, 2004 at 11:00

a.m. for pre-trial and modifying bail conditions. (copy entry and order

to R. Brown, Allen and Probation).

SKE 11-25-03

12/26/2003 Notice: A RJO: WN

Defendants file Defendants’ Motion to Suppress Bvidence; Defendants’

Memorandum of Law in Support of Defendants’ Motion to Suppress Evidence

Defendants’ Table of Contents to Their Memorandum of Law In Support of

Defendants’ Motion to Suppress Evidence; Notice of Hearing to Suppress

Bvidence and Deferclants' Exhibits A-E.

It is noted this was mailed by certified mail with postmark of 12-22-03.

01/08/2004 Notice: M RJO: ¥ Vol: 29 Pg: 4

Court enters Notice of Hearing to Suppress Bvidence. Hearing set for

February 10, 2004 at 2:00 p.m. (copy attorneys) SKE 1-12-04

01/12/2004 Notice: M RO: N

Parties appear by counse]. cause now set for hearing on defendant's

motion to suppress on 2-10-04 at 2:00 p.m. (Copy R.Brown and Allen).

SKB 1-12-04

02/09/2004 Notice: M RJO: N

State's Memorandum In Opposition To Defendant's Motion To Suppress filed.

02/10/2004 Notice: M RJO: WN

Motion to Suppress hearing held in conjunction with 25C01-0310-PC-00074.

Issues presented and cause taken under advisement with any further

0100093

Mon Jari 21 2004 14:13:56

CHRONOLOGICAL CASE SUMMARY

CRIMINAL DOCKET, PULTON CIRCUIT COURT

POR CAUSE MD: 25C01-0310-FC. 00073

RICHARD, CARL A

THE WONDRABLE DOUGLAS 8 MORTON

ACTION DATE PILED 10/17/2003

ORIG FILE OT: 10/17/2003

response by counsel to be submitted not later than February 1) at noon

(Copy &. Brown and Allen)

SxR 2-10-04

02/11/2004 Notice: # RX: WwW

The Quurt makes 1. Order concerning trial date, Motion to Suppress

response date, and combining causes for trial. (Copy entry and order to

R Brown and Allen)

SR 2-13-04

02/13/2004 Notice: ™ RO:

Defermiant files Defendant's Verified Motion for Extension of Time to Pile

a Reply to State's Memorandes in Opposition to Defendant's Motion to

Suppress & Jury Trial Contimeance. It is noted thie was received by Express

Mail with date of Pebruary 12, 2004. (copy Allen, 8. Grown and Probation)

SXB 2-13-04

02/18/2004 Notice: M RO: ¥ Vol: 29 Py: 27

Court enters Order. Jury trial consolidated with 250D1-0310-PC-00074 and

eet for jury trial on April 6, 2004 at 6:30 a.m. (copy Allen, R. Bram and

Probation) SKB 2-24-04

02/19/2004 Motice: m RO:

Deferdants file Defemdiants’' Reply in Opposition to State's Memorandum in

Opposition to Defendants’ Motion to Suppress and Defendants’ Table of

Contents to Their Reply in Opposition to State's Memorandum in Opposition

to Defendants’ Motion to Suppress. It ie noted thie was mailed by Boress

Mail with date of 2-18-04

02/20/2004 Wotice: M Ae: 8

State files State's Reply Memorarchn.

02/23/2004 Notice: ™ BJO: WwW

Defendante file Defendants’ Surreply to State's Reply Memorandem. It is

noted thie was received certified eail with a postmark of Pebruary 20,

2004. (copy R. Brown, Allen and Probation) SKE 2-24-04

02/25/2004 Wotice: 4 RIO: Y Vol: 29 Po: 33

Court enters Order. Motion to Suppress is Denied. (copy R. Brown,

Probation and Allen) SKE }-1-04

03/01/2004 Notice: A RIO N

CHRONOLOGICAL CASE SUMMARY

RIMINAL DOCKET, PULTON CIROUIT COURT

POR CAUSE NO: 25C01]1 -0310-PC-00073

RICHARD, CARL A

THE HONORABLE DOUGLAS B “ORTON

DATE FILED: 10/17/2003

ORIG FILE DT: 10/17/2003

Defendant, by counsel, file Defendants’ Motion for Certification of Appeal

of Interlocutory Order and Stay of Proceed’ ngs Pending Appeal. It is

noted this was received by certified mail with postmark of Pebruary 27,

2004

03/03/2004 Notice: HM RIO: Y¥ Vol: 29 Po:

Court enters Order denying Motion for Certification. {copy attorneys) SKE

3-5-04

03/05/2004 Notice: ¥ RJO

State files Motion to Revoke Bail

Court enters Order granting Motion to Revoke Bail (copy R. Brown, Probati

on and Allen) SKE 3-804

03/10/2004 Notice: # RO: WwW

Attorney Dale Allen and Matthew Barrett enter their appearance on behalf

of defendant. Defendant, by coumel, files Defendant's Motion in

~ + to the State's Motion to Revoke Bail. Defendant, by counsel,

pleads not guilty to all charges, requests discovery, waives initial

hearing and reserves right to trial by jury. (Copy Allen ami R. Brow)

SKE 3-19-04

03/23/2004 Wotice: M RJO: WN

Deferxiant files Defendant's Motion in Limine, Defendant's Motion to

Separate Trial Witnesses ani Defendant's Answer to Court's Order for

Di scovery

03/24/2004 Notice; RJO: Y Vol: 29 Py:

The Court makes its Order for hearing on Motion in Limine for April 5,

2004 at 10:30 a.m. (Copy entry and order to R.Browm, Allen and Leon)

SKE 3-26-04

04/01/2004 Notice: M RO: Y

Defendant, by counsel, hereby waives defendant's right to trial by jury

relative to Count I, Dealing in Marijuana and Count II, Dealing in

Marijuana, both class “C* felony offenses.

Defendant further informs thie Court that the State of Indiana has

proffered a plea agreement, conjingent of course, upon this Court's

approval, relative to Counts II] & IV of this cause and the parties shal!

present said plea agreement, in writing, to thie Court on Tuesday, April

6, 2004 at 1:30 a.m. EST

Defendant further informs this Court that the parties are prepared to

000005

Mon Jun 277 2004 14:13:56

CHRONOLOGICAL CASE SUMMARY

CRIMINAL DOCKET, FULTON CIRCUIT COURT

POR CAUSE NO: 25C01-0310-FC-00073

RICHARD, CARL A

THB HONORABLE DOUGLAS 8B MORTON

ACTION DATE PILED: 10/17/2003

ORIG FILE DT: 10/17/2003

present evidence and argument to the benefit on Counts I & IT.

Court enters Order leaving Motion in Limine set for April 5, 2004 at 10:30

a.m. (copy attorneys) SKE 4-2-04

04/02/2004 Notice: M RO: Y

State files Waiver of Jury Trial

Court entere Order withdrawing jury call and setting trial to Court on

Tuesday, April 6, 2004 at 1:30 p.m. {copy attorneys) SKR 4-2-04

04/05/2004 Wotice: M RIO: WN

By agreement of the parties, hearing on Motion in Limine is reset for

4-6-04 at 1:30 p.m. (Copy R.Brow and Allen)

SKE 4-5-04

04/06/2004 Notice: M RJO: Y

At hour appointed for trial, the parties submit proposed Plea Agreement as

to Count III that anticipates dismissal of Count IV, leaving Count I and

II for trial. Change of plea hearing held upon Count III and defendant

gubmits checklist of rights. The Court makes its Order on Misdemeanor

Change of Plea as to Count III. Trial to the Court held and the Cowt

makes its findings of quilt upon both Count I and Count II all by written

Order. Sentencing hearing scheduled for 9:00 a.m., April 26, 2004. (Copy

entry and orders to R.Brown, Allen, and Probation).

SKE 4-86-04

04/21/2004 Notice: M

Presentence Investigation Report filed.

04/28/2004 Notice: M PISPOSED: BT RJO: Y

Sentencing hearing held. Defendant by counsel supplements pre-sentence

report with letters and affidavits which the Court deems added to the

Pre-Sentence Report . Upon sentencing hearing, the Court makes its

Sentencing Order. (Copy entry and order to R.Browm, Allen, ard Sheriff).

SKE 4-30-04

04/30/2004 Notice: M RJO: WN

Defendant files Notice of Appeal from Trial Court. It is noted this was

mailed by certified mail with a postmark of April 29, 2004. (copy

attorneys) SKE 5-3-04

06/07/2004 Notice: M RJO: W

Court Report files Notice of Filing of Transcript

000006

Mon Jun 21 2004

CHRONOLOGICAL CASE SUMMARY

CRIMINAL OOCKET, FULTON CIRCUIT COURT

POR CAUGE NY: 25001 -0310-PC-00073

RICHARD, CARL A

THE HONORABLE DOUGLAS 8 MORTON

DATE PILED 10/17/2003

ORIG PLIZ OT: 10/17/2003

06/10/2004 Notice: # RO N

Clerk files Notice of Completion of Clerk's Record with Court of Appeals

(copy R. Brown and Allen) TL? 6-10-04

06/21/2004 Notice: # RO:

Defendant, by Commel, files Request for Copy Of Appellate Record and

Transcript. Sent Transcript thie date (copy R. Brown amd Allen) Ti?

6-21-04

STATE OF INDIANA }

)SS

COUNTY OF FULTON )

IN THE FULTON CIRCUIT CUURT

CAUSE NO. 25C01-4310-Fc. 73

FILED

OCT 17 2003

ee fs

INFORMATION FOR DEALING IN MARLJUANA

(C- FELONY)

Matthew Campbell beamg first duty sworn upon his oath says that

On or about October 13* 2003 in Fulton County, State of Indiana, Carl A. Richard

Aid tmowng}y pessess manyuana with the intent to deliver w an amount greater than

tend | 0) pounds

All of wtuch is Contrary to the form of the statute in such cases made and

provided ,to wit: LC. 3$-48-4-10(a\(2\Xc) and (>)(2),and against the peace and dignity

of the State of Indiana.

COUNT

INFORMATION FOR DEALING IN MARIJUANA

(C- FELONY)

Kuemew Campbell, being first duly sworn upon his vath says that

On ox abn, ‘Oxtober 13* 2003 in Fulton County, State of Indiana, Cart A. Richard,

did knewing*) anafacture manyuane in an amount greater than tea( 10) pounds

All of whuch 1s Cootrary to the form of the statute un such cases made and

provided to wit: LC. 35-48-4-10(a1) and (b)(2), and against the peace and dignity of

the State of Indiana

000008

FILED

COUNT Ut OCT 17 2003

INFORMATION FOR BATTERY A COURT

INJURY TO A LAW ENFORCEMENT OFFICER

( D- FELONY)

Matthew Campbell, being first duly sworn upon his oath says that:

On or about October 14* 2005 in Fulton County, State of Indiana, Cari A. Richard

did knowingly touch Matthew Campbell, a Law Enforcement Officer, in a rade,

imsolent or angry manner resulung in injury, to wit pain , and while said Officer was

engaged in the execution of bis Official duties

All of which is Contrary to the form of the statute in such cases made and

provided ,to wit: LC. 35-42-2-1(2\2(A) and against the peace and dignity of the

State of indiana

COUNT IV

INFORMATION FOR RESISTING LAW ENFORCEMENT

( A- MISDEMEANOR)

Matthew Campbell, being first duly sworn upon his oath says that:

On of about October 14* 2003 in Fulton County, State of Indiana, Carl A. Richard

did knowing)y resist, obstruct or interfere with the authorized service or execution of

couminal process, to-wit: the execution of an arrest warrant by Matthew Campbell, a

Law Enforcement Officer.

All of which is Contrary to the form of the statute in such cases made and

provided ,to wit: LC. 35-43-3-3(2)(A),and against the peace and dignity of the State

of lodiana.

Subscribed and sworn to before me approved by me this! ? day of CALL 2003

Richard A. Brown -

Prosecuting Attorney

41* Judicial Circuit

Fulton County, Indiana

STATE OF INDIANA ) IN THE FULTON SUPEIOR COURT

) S&S:

COUNTY OF FULTON ) CAUSE NO. 275CDI- +4

AFFIDAVIT FOR SEARCH WARRANT

Matt Campbell, being first duly swom, upon his oath says the following:

1. That he 6s a law enforcement officer with Rochester (ity Police.

That he believes and has good cause to believe that certain

things, namely marquana and items of contraband are concealed in or

upon the following described property in Fulton County, Indiana:

2183 W SOON

Rochester, IN 46975

Including House and Barns and Outbutideags

Said Items constitute evidence of the commission of the offense of

Possession of Marijuana and Possession of Paraphemallia.

Affiart befieves there is probable Cause to search based upon the

folowing facts.

Patty Keim (Riddle School Counselor) contacted me on today's date. She

stated that she wes approached by a student by the name of Callie R.

Richard and told her she had bean in one her barns on Friday, October 10

after school. While in the barn she observed what she believed was

marijuana. | advised Patty | woukd come to the school to speak with the

student

At approximatety 1.00PM | went to Riddle ementary School to speak

with Callie, Mrs. Keim, and Mrs. Johnson (School Principal). During the

interview Cale again stated she had been in the barn on Friday and found

what she believed was marijuana She stated she inows what fi

because she has been around & before. Callie stated she was in the barn

jus. to the east of her house with a U-shaped drive. She houses rabbits in

thts barn. She stated near her rabbit cages there are blue tarps and

0001!

under the tarps is located several plants drying. She also stated there is a

blue tub that contains camouflage bags with the same type of plant

material. Cathe then dated that in the bam near thts same bam was an

upper area she gained access to by Gimbing a ladder. In this area she

located more of the same type of plants drying.

| asked Cathe ¢ they had any marijuana in the house. She stated they

always had marijuana in the drawer near the stove. She stated (hey kept

Rt in a white case. She then spoke of a hiiden room in the basement area

near the furnace room. She stated this room had bi-fold doors and then

remove items from in front of the panel and then go into the dim mom.

She stated she had been in the room before when there were plants

growing. Se 6s not aware if there are any plants in there af ths time.

Wherefore affiant requests the Court to issue a search warrant directing the search for

lbh

and seaure of the above-described property.

| hereby affirm under penalties of perjury that the foregoing affidavit is due.

0 (uphill

State of indiana ) in The Fulton Owocesw Coun

) Ss

County of Fultoa ) Cause No 2shp1. ‘MC.

SEARCH WARRANT

To Any Indiana Law Enforcement Officer

WHEREAS an affidavit has been filed with me that establrshes probable cause, you are

therefore aathonzed and ordered, in the name of the State of lodiana, with any necessary

and proper assistance, to enter into or upon the following described property, to-wit

PNTZW SOON Rechecter Find Sen Covet Trdronn

Kel wds .

aad to there diligently search for the following described property

acs) seece 2ecepbercalsa BoA oNhac siisga\ Ar ny

_SecYrabasd.

You are further ordered to seaze such property, or any part thereof, found on such search

Duet thin _\3 “day of Oc rhs, wes « / SE e.

RETURN ON WARRANT

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PROPERTY RECORD AND RECEIPT

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ORIGINAL

STATE OF INDIANA } iN THE FULTON CIRCUIT COURT

} SS:

COUNTY OF FULTON } 2003 TERM

STATE OF INDIANA

CAUSE NUMBER

25C01-0310-FC-00073

The deposition upon oral examination of

Corporal Marty A. CAMPBELL,

@ witness produced and sworn before me, Gad Maim Armstrong, Notary

Public for the State of inciana, on Friday, December 5, 2003. m the Fulton

County Courthouse, Fulton County Prosecutor's Office, 815 Main Sveet,

Rochester, indiana, 46975, pursuant to the indiana Rules of Trial Procedure

with written notice by the parties as to tame, place and date Ths depos#tion

was taken on behalf of the Defendant in the above captioned cause.

GAIL MALM ARMSTRONG

Court REPORTER

7305 Sourm, Country Roan 55D

LOGANSPORT, INDIANA 4694 001

574/652-2200 Fax o 574869

CO 600 620-43'3

SEP Or TSRs &27ER 4 wr OS

oe 2

Appearances

Ow Benair oF THE STATE OF INDIANA —

RICHARD A. BROWN, ESQUIRE

Prosecuting Attorney for Fulton County ~

Fulton County Courthouse

815 Main Street

Rochester, IN 46975

On Benaur OF Tee Derenpant —

MATTHEW D. BARRETT, ESQUIRE

Aven Law Offices

701 E. Lincolnway

Valparaiso, IN 46383

Contents of Transcript

Owect Examination by Matthew D. Barrett

Defendant's Deposition Exhibh #A

Affidavit for Search Warrant of Corporal Matt A. Campbell

Defendant's Deposition Exhibit #8

Search Warrant dated 10/13/03

Defendant's Deposition Exhibh #C

incident Reoort #203649, Case #10-03-439

by Corpo: « Matt A. Campbell dated

Reporter's Certificate

index of Objections

By Richard A. Brown -

object to the question, “Can you tell me the definition

of probable cause?"

19, 35

iD100017

Corporal Mett A. Campbell, the witness here, having been

fwsi duly sworn to testely to the truth, the whole truth and nothing but the truth.

was examined and tested as follows

THE REPORTER: Raise your right hand please

{THE DEPONENT COMPLIED.|

THE REPORTER: Thank you. Do you solemnly swear or affirm that the

testimony you are about to grve im this cause will be the truth. the whole truth

and nothing but the truth, ©o help you God?

THE DEPONENT. Yes.

THE REPORTER: Thank you

DIRECT EXAMINATION

QUESTIONS BY MATTHEW D. BARRETT: 2:10 p.m.

Q Okay, my name is Matthew Barrett. I'm one of Cari Richard's attorneys in

thus matter. Before we begun, I'd just bike to go over some basic ground rules

with you concerning thys dooosition. First, please try to speak clearly and

avoid any nonverbal responses like the shaking your head. It's sust difficult

for the Court Reporter to get afl that down.

Second, if you would just wait till I'm fished with my question, then

0 allow you to enswer. Again, a lot of times at's like 8 conversation and we

PEP OFTEPS O2°ER OPS CO 890 4864)')

get to talking over each other and it's diffscult for her to get that down, and

finally end 1 you don't understand one of my questions or if you'd like me

*7Ooe~ > mm

to rephrase it or if you think it's too vague, just ask me to do so and I'd be |

glad to hopefully do # in a more understandable form

if you don’t ask me to clarify any of my questions today, then 'm

going to assume thet you understand them and that you're making an

(000018

1 appropriate response. Do you understand all that?

24 A Yes

3§ Q Okay, please state your full legal name for the record

44 A Matt Allen Canpbell.

5 | Q What's your residential address?

6 MR. BROWN: | don’t think that’s necessary, is it?

7 | CONTINUATION OF DIRECT EXAMINATION BY MATTHEW D. BARRETT:

8 | Q What's your business address?

9 A Three-tweive Main Sweet, Rochester, indiana.

10 | O Okay, are you married?

11 A Yes.

12 | Q Do you have any children?

13} A Yes

14] Q How many children do you heave?

: 15) A Three.

16 | Q What's your date of bith?

: 17 | A November 8th, 1969.

; 18 | Q Yow ever given a deposition before?

: 195 A Yes.

, 20 | GQ How many times?

; 21} A Oh, I don’t, ! don’t have a clue.

22 ! Q Okay, what was the substance of the, the general subject matter that you

23 | were giving depositions for?

24 A Most of them were narcotics-related.

25 |} QO Okay, are you presently under the influence of any drugs of alcohol today?

| | 00019

ser ORTERS PAPER 6 FO CO 800-626-6313

No.

Have you ever suffered from any mental disease, deflect, or disorder?

No.

Have you ever consumed any types of illegal drugs?

No.

Have you ever had any restraining order, order filed against you?

No.

Where did you ge to high school at?

Pioneer High School.

Did you graduate?

Yes.

What year did you graduate?

Nineteen eighty-eight.

Did you go to college?

Yes.

What was your major?

Criminology.

What year did you graduate?

Nineteen-ninety .

Currently a law enforcement officer?

Yes.

What agency are you employed with?

Rochester City Police

What's your rank?

Corporal.

“EPORTERS PAPER & MFO. CO. 800-626-6313

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Have you ever held any other types of ranks at the Department?

Patrolman

What's the full name and rank of your supervisor?

lmenediate supervisor, | guess, would be Robert R. Daugherty. He’s a

Sergeant

Okay, did you attend the Police Academy, | assume

Yes

When did you attend the Acaderny?

Nineteen ninety three.

Where at?

Pardon?

Where at?

Plainhetd

indiana?

Yes.

Okay, what year did you graduate?

The Academy?

Yes.

Nineteen ninety-thvee.

You work anywhere when you attended the Academy?

Akron Police Department.

I'm going to ask you a series of quesiions regarding your employment

history, and I'd just like to define the term employment so when | use #

we re both on the same page. Al any time when | say the term employment,

you're to assume thet I'm talking about full-time or part-time. The

000021

REPORTERS PAPER A MIG CO 800-6296-63'3

employment also means whether of not your jobs were, you were an

employee or like an independent contractor. Since your graduation from the .

Academy can you tell me the names of all law enforcement departments or |

agencies that you have been employed with?

| beleve Akron obviously and | think | worked part-tume in Kewanna and then

| believe, | beheve Rochester's the only other place.

Have you ever been suspended or disciplined in any of these De partments?

Yes.

Which ones?

Rochester.

What were you suspended for or disciplined at Rochester?

Conduct unbecoming, | believe, is what it was for.

When was this?

| believe the incident occurred in December of last year. |, | beleve my

suspension was actually in, might have been January or possibly February.

I'm not sure.

Two thousan. wo?

Which?

Either ov.

The, the incident would have occurred in 2002

Can you tell me about the incident?

The, the suspension was actually for my outburst regarding the actions of

another officer that | didn't agree with.

What was the name of the other officer?

Jun Hubbard at the time

WR REPORTERS PAPER &MFO CO. 600-676-6913

What was his rank?

He's a Deputy

Okay, what was the nature of your suspension?

| guess | don’t understand the nature. |, | was off for a day.

Yeah, you're off for a day?

Yes.

Did you get paid?

No, it was, it was--our suspensions are unpaid.

Were you ever disciplined for any other matter?

| believe |, | got a letter, a written warning at one ume.

Who was that from?

Who was it from?

What Department?

Rochester.

What was that for?

| can’t remember what the exact term was for. it, i might have also been

conduct unbecoming. I’m not sure.

When was that? Do you recall?

1 don’t recall that one. I’m going to say, I'm going to say probably about ‘96

but I'm not sure.

Any other incidents of discx*ne?

No.

Have you ever had any type of private empicyment since your graduation

from the Academy?

1, 1 did work part-tirse as a Construction worker for a while off and on, |!

00.0023

(BPORTERS PAPER O MFA CO 000-626-6319

FORM C-100 - 148

quess

Where was that at?

Actually | worked for Gates Construction who used to live in, when | lived

in Royal Center, Charlie Gates.

Gates?

Gates, G-a-t-e-s, yes.

Okay.

Then | worked for Danny Melton, Melton and Sons Construction.

Where are they from?

Rochester and then actually | think |, | actually got paid from Dirkus

Construction a few times too.

Where’s Dirkus?

In Rochester.

Okay, you still work there today?

No, it’s kind of a on-again/off-again. It’s when they need help sometimes I'll

help and, you know, it, it just—it’s not that | was either terminated or

anything else, just | guess not enough time on my part and they didn’t need

enough help on their part sometimes.

Okay, do you take continuing law enforcement education classes? -

Yes.

How often?

Every year.

Where do you take ther at?

Just | guess it depends on what class I'm taking where it’s at. Sometimes

I'll go to the Academy. Sometimes |’fl go to the indianapolis — what they call

(0.00024

“vem. eo

(2)

the Public Agency Tramung Councd. Sometimes |'8 go to other Departments |

lve been to other states. Just, | guess @ just depends on where where |

takes me - Fort Wayne

Okay, when you say every year, how often throughout the year do you take

them?

Oh, we, we have a minemum of sixteen hours. I'm, I'm usually well, well in

the eighty hours to a hundred hours for traming

What's the subjects that have been covered in the past, subject matter of

your education classes?

I've been to sniper school I've been to undercover narcotics school. I've

been to hostage rescue, MP5 operator —|'m trying to think — less lethal force,

distraction devices, chermcal agents, OC spray.

Okay.

Without having the whole list in front of me, | can't tell you everythung.

That's okay. Okay, have you— are you trained in criminal search and seizure

law?

As far as—

Making arrests, obtaining warrants. Are you tamed in that type of law?

Sure, we get training at the Academy.

How much training do you receive in that area?

| couldn't tell you, whatever the Academy —

A couple weeks?

1, 1 don't know.

Okay

t attended the Academy m 33, over ten years ago. | have no idea how many

1000025

REPORTERS ©4782 4 FO CO 600-626-6319

hours w for what

In these continuing law enforcement classes. have you ever had any classes

covering that type of subyect matter?

Oh, when |, | know when |, | used to work a canine also. We had search and

seizure —!'ve been to a few tramung, whether it be classes or seminars or

whatever you want to call them and other than that, without looking at my

résumé, | couldn't tell you when and where I've attended them.

Okay, are you familiar with the term probable cause?

Yes.

Okay, can you tell me the definition of probable cause?

MR. BROWN: You know, I'm going to~— what's the point of that

question even m a discovery deposition?

MR. BARRETT: | want to know if he’s competent in what, knowing

what probable cause is.

MR. BROWN: What difference does it make whether he is or not?

MR. BARRETT: This is a discovery dep. | think | have a—! can

vestigate this.

MR. BROWN: Why don’t you ask him what res judicata means or

anything? | mean, what's the point of the witness knowing? It's —he either

had probable cause or he didn't whether he knows what it is or not.

MR. BARRETT: | think it does matter if he, if he—he’s the one that has

to ascertain what probable cause is and | want to just simply —

MR. BROWN: Well, no, the judge is who ascertains what probable

Cause Is.

MR. BARRETT: I'd just like to know his definition, if he knows what

1000026

1 the definition of probable cause is, what's the —are you objecting?

2 MR. BROWN: | am objecting. |

3 | CONTINUATION OF DIRECT EXAMINATION BY MATTHEW D. BARRETT:

4} Q You can go ahead and answer. He's —

5 | A Pardon?

6 | Q You can answer.

71 A Okay, can you repeat your question?

8 | Q Sure. What is the definition of probable cause?

9 | A_ | guess, | guess in my opinion the way | would put it is having enough

10 whether it be information to give — are you asking me for my probable cause?

1 Like he said, the it's what -- the information | take to a judge. If, if | feel |

12 have enough information to take to a judge to, for him to approve —

13 | Q Sure, Officer, let me, let me clarify. I'm not asking you for—

14 MR. BROWN: You're asking for a legal definition —

: 15 | CONTINUATION OF DIRECT EXAMINATION BY MATTHEW D. BARRETT:

16 | Q_ I'm just asking for your, for your opinion.

17 | A tdon’t have a legal definition.

18 § Q Okay, what is your opinion of probable cause?

: 19 | A_ | was trying to give that to you.

20 | Q Okay, co ahead. |

‘ 21 | A If, if | gather facts and information, | feel probable cause is—in my mind is

22 when | have enough information to take to a judge for him to agree to sign

23 the document that | have.

24 | Q Okay, are you familiar with the requirements necessary to obtain a search

25 warrant then?

000627

A REPORTERS PAPER 6 MPO.CO 800-628-63'3

Yes, you have to have probable cause

Okay, can you bund of give me the steps you go through generally speaking |

when you obtamn a search warrant?

| gather mnformation and | put it &: a probable cause affidavit and | take i to |

the judge

Okay, *hen he either approves or desapproves, right?

Correct.

Okay, do you ever consult with the Prosecutor when you re doing ths?

I'd heve to say at tines | probably have at one time or another

Okay, can you describe to me the purpose of the probeble cause affidavit |

that you submutted in support of thes?

The purpose of the, the affidavit would be for the pudge to rewew, | guess

Okay, well, what's, whet's the purpose of t? Why do you submit #7

So he can review ft and either agree to sign a, & search warrant or not,

whether, | guess if X's @ probuble couse for a search warrant, if W's @

probable cause for an arrest of what @ might be.

Okay, what must be contained in the probable cause affidavit when you -

Facts.

Okay, anything else?

| guess | don't understand the other, any other question then.

Well, what do you— when you're generally speaking —

That I'm, that I'm, | guess that I'm a lew enforcement officer, that's usually

in there. Are you talking a search warrant?

Yeah, no, the probable cause affidavit. Let me, let me clarify

For a search werrant.

000028

REPORTERS PAPER bere CO 8G ere 6F1)

Yes, generally speaking —! m not referring to any specific case — when you. |

when you're drafting one oF putting one together, what, what do you

normally put in there? That's af | want, want to find out

Well, we have 2 form that &. @ asks for cur name

Okey

— and, and if we are a law enforcement officer with which agency, asks for

the address and asks for the tems that we'll be lookiny for, then for the

facts of the case or the facts of the, the information, | quess

Okay, now when the facts of the information in the probable cause affidavit

are based on hearsay lskke from an mflormant, okay, are you required to

establish the reliabdity of the informant or to corroborate that information in

some way’

| guess 4 depends on the cwcumstances

All nght, but would you normatly — generally speaking would you make an

attempt to maybe corroborate of establish the reliability?

I've obtained numerous search warrants, whether it be with informants,

working with them undercover o; whether it be with information that just |

obtained from somebody, | guess. | don't understand what you mean by —

Well, | mean -

—establish rehabidity Can you give me some, some guidelines of where

you're talking there?

Sure, sure, if you, if you, if you're ever unsure what I'm saying, just do like

you're doing right now. Ask me. If, if you have an informant like an, a

anonymous person coming with, to a tip with you [sic], do you normally

wwestigate what they re saying to make sure that they re telling the wuth,

000029

4 SEPORTERS ©4788 6 @FQ CO 800-696-651)

you know, of lo corroborate it somehow by taking additonal investigative

steps

| guess, | guess —

— generally speaking?

~sometimes if it's possible, we'll do that, yeah

Okay, is it wnportant to establish the credibility of a witness?

| think depending on the circumstances it can be, yes.

Okay, can you just give me a general idea how many times in your career

you ve drafted a probable cause affidavit?

| don't have a clue.

Many umes?

Many.

Okay, has your request for a search warrant ever been rejected?

Not that ! can recall.

So every me you ve ever submitted one, 5 usually — t's beer approved by

the judge or magistrate.

As far as | can recall. | don’t, | don't ever recall one being rejected.

Okay, how often do you interact with children during the course of your

duties as 4 law enforcement officer?

| taught DARE fos six years throughout the grade schools, so a lot

Can you tell me what you, how you taught DARE? | mean, what is—

The DARE program is the Drug Abuse Resistance Education program. |

taught primarity to filth graders from—! think | started in "90, late ‘94 or

maybe early “95. | don’t remember which and like | said, | taught for sx

years and | taught anywhere from—weill, the primarily program was

000038

REPORTERS ©4°ER 4 PQ CO $00-420-4513

FORw~ COO - &

seventeen weeks long. | taught every fifth grade student that came through

for six years and then | also gave what we calied the secondary programs to

K through— it'd been K through four at the time.

Where did you do this at?

Weill, at the time it was at Columbia and Riddle for a while and then the

school combined as far as we had two separate K through fives and then

they combined, and then we, we actually — when the school’s combined, we,

we dropped the K, one and two and then | just taught third, fourth, and fifth

grade.

Okay, and you still do that today?

No, no, when |, | started working undercover narcotics and | guess we

dropped the DARE program.

Okay, as an officer have you ever assisted — and \'m not talking about this

case too. Have you ever assisted the Welfare Department or Office of Family

and Children of any other agency that works with children concerning

matters?

Yes.

Can you tell me about it?

|, | am the Department's child abuse investigator. So | investigate,

investigate child molesting cases, child abuse cases, | guess, if they happen |

in the city limits particularly and | guess any, anything else for that matter

that —| guess if they feel that it, it takes — well, | guess, | guess if they want

me to investigate a child case in any matter.

can you approximate how many of these types of cases you've

vestigated? 0 0 003 |

SEPORTERS PAPER BPG CO 600-626-6313

FORM C100 - Ut

> oOo F OC

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Any case involving a child?

Yeah.

| don’t have a clue. |, | don’t know.

Many, a lot?

Many.

Generally speaking do children, say, eight, nine years of age or younger

always tell the truth when you, when you, you know, talk with them about

@ case or something?

| quess generally speaking?

Yeah, generally speaking.

| would say generally speaking most of the time, yes, they do.

Okay, do they ever —have they ever had a tendency to fabricate things when

you've spoke with them? You loter find out or maybe go off on an

imaginated, you know, imaginative story or something like that.

Sure.

How often does that happen?

1, | can’t say—! don't know how often. | mean, it, & happens.

Have you ever been charged, arrested or convicted of any crime, infraction,

ordinance violauon?

No.

Have you ever been named as a plaintiff or a defendant in a civil lawsuit?

To tell you the truth, | don’t remember if my name was actually in the tort

claim that came through the city on that criminal gang deal--do you

remember that—when they picked everybody at the Department basically?

MR. BROWN: | don't know either. 000032

PORTERG PAPER 4 VFS CO. 800-680-63'3

FORM C-100 - LASE

THE DEPONENT: We, we had a—the Department had a tort claim

that—

CONTINUATION OF DIRECT EXAMINATION BY MATTHEW D. BARRETT:

Q Tort claim notice?

A Yeah, that we were being sued by some members of a gang that we had

arrested and to tell you the truth, | don’t— it was, it was bogus enough that

| guess | didn’t, | didn’t even pay any attention if my name was on the list.

Q When was this?

A It'd been 2000 maybe or, or before.

MR. BROWN: Well, whatever you remember.

THE DEPONENT: |, I’m saying maybe, maybe 2000 or, or sometime

before that, not far. |, | don’t know for sure.

CONTINUATION OF DIRECT EXAM-NATION BY MATTHEW D. BARRETT:

Q Just to the best of your memory. Okay, have you ever been accused of using

qussesive force on another law enforcement officer or a civilian?

Excessive force >; another law enforcement officer?

Assault and battery.

On another law enforcement officer?

Yeah.

. 2 ©. 2 2. ete

Okay, have you or any officers under yous -ommand have ever had— have

you ever had any evidence suppressed in a court?

A Any officers under my command? 000033

REPORTERS PAPER 6 MFG.CO. 800-620-63:9

FORM C-100 - LA

o Fr obo Fe Oo FF 8B °F?

You or any officers under your immediate command.

1, | can’t answer for those officers. | don’t know if they have or not. |

haven't been to all thew cases.

All right.

Have |? |, | honestly can’t recall ever losing a suppression hearing right now

if that gives you something to shoot for.

I'm just asking.

Okay.

[AN EXHIBIT WAS MARKED AS DEFENDANT'S DEPOSITION EXHIBIT

#A FOR PURPOSES OF IDENTIFICATION.)

I'm going to hand you a document marked as Defendant's Exhibit A. I'd just

like you to take a moment and look it over and then just please identify it for

me.

It is the probable sane atte for a search warrant.

Okay, is that your signature on the second page?

Yeah, a Xerox copy, ys.

What do you mean a Xerox copy?

Well, | have a Xerox copy. !t’s not an original.

Right, but what I'm saying is is that your signature though?

Yes, that would be 2 duplicate of my signature.

Okay, the document indicates that you visited Riddle Elementary School to

interview Callie R. Richard; is that correct?

Yes.

Okay, you state in the affidavit that you were responding to a telephone call

from a school counselor, Patty Keim spelled K-e-i-m, regarding Callie; is that

0100034

A REPORTERS PAPER & MPO. CO. 800-426-4313

FORM C-100 -

> © F> 8B

> 8o 2? §

right?

| don’t believe so. ! don’t see where you see it’s a telephone call,

Well, you were responding —how, how did she contact you then? Let me—

| was at a—| believe either Su. pension or an expulsion hearing for another

student when she gave me this information. She was present during that

expulsion hearing.

Okay, verbally?

Yes,

Where was this at?

That would have been at the Rochester Administrative Building, Rochester

High Schooi Administrative building.

C1 you tell me the substance of that, those conversations?

With, with Patty and |?

Yes.

That she had a student that gave her some information abou! drugs. She

wanted me to come and talk to her.

Okay, so based on what you wrote here in the affidavit, would it be fair to

say that Callie herself did not personally contact you and request your

presence at the school?

Yeah, | guess that would be correct, yes.

Okay, do you recall what time Patty Keim spoke with you regarding this

matter? | don’t think it’s indicated here in the affidavit, Officer.

Well, |, | don't recall. | can’t remember what time | was supposed to been at

the expulsion hearing. It was after we actually ended the expulsion hearing

is when she come up to me afterwards and told me this but | don't recall

(0.00035

(RPORTERS PAPER 6 MFO. CO 800-626-6313

FORM C.100 - LAL

what the actual time was.

What day was that on? Was it the sme date that you did the search? Is that

what it was?

Yes.

Okay, | think it says here in, in the paragraph four, it says you went to the

school at one. So would it be correct to say that or to assume that you

spoke with Patty before one o'clock that day?

Yes.

Okay, okay, now after she contacted you, did you take any type of

investigative steps before you came to the school?

No, |, | didn’t even know the student's name that | was going to talk to, |

don’t believe, at that time.

Okay, should you have taken any type of investigative steps before you

spoke with Callie? .

Well, | had to have some information to go on before | can investigate

anything, | do.

Okay, so this was your first step.

Yes.

Okay, now you arrived at the school at about one p.m. as you indicated,

correct?

Yes.

Okay, and this was on October 13th, 2003, the date of the search?

That | would have beer at the school?

Yes.

| believe that's correct.

1000036

RPO PORTERS PAPER AMPO.CO 800-626-6315

FORM C-100 - LA

All right, now specifically where at in the school did all this questioning take

place?

In the, in—! believe it’s in, in Patty's office. |, I'm not sure if it's—it’s the

counselor's office. I'm assuming it's Patty's.

Okay, do you-without and you can, you can refer to any of these

documents to refresh your me =~ throughout this deposition but try to

recall things independently. Do you independently recall how many other

adults were present with you?

| believe there was one other one that |—at this time | don’t even recall who

that was. | was too focused on talking to Callie at the time.

Okay, | think the affidavit says it was the Principal, Mrs. Johnson.

Mrs. Johnson, probably right, yes.

Okay, okay, that was the other one. Were there any other children present

besides Callie during the questioning? |

No.

Was the door closed during the interview?

i don’t recall. |, I don’t know if it was Closed behind us when we went in or

not.

All right, well, es were you questioning? | mean, was there’a table or ow

you standing or —

She was—| think she was on a couch. | was sitting in—| don’t know if it

would, would have been— it seems to me it was one of ti.”. the smaller, like

the student chairs. It seemed it was pretty small and | believe Callie was

sitting on a—| think it was a couch and Patty and Mrs. Johnson—| believe.

Mrs. Johnson might have been sitting on the same couch. | don’t remember

000037

BR REPORTERS PAPER & MFO. CO. 600-626-6353

FORM C-100-

> o& FF 8

oe FF 8&8 °F

where Patty was seated exactly.

How close were you to Callie?

Close enough | cov'ld hand her a pen and a paper and she could hand it back.

| mean, within arm's reach 1 should say.

How about the other adults? How close were they?

Oh—

You say one was sitting by her?

Fairly close, you know, | guess, you know, close enough to be sitting on the

same couch but—

Now —

~—within arm's reach, all of them I'd say.

Okay, now prior to this particular interview, did you or any other law

enforcement officer ever speak with Callie regarding any of these matters?

Not that I'm aware of. —

Okay.

§ didn’t. | don’t know if—I’d assume nobody else had.

Describe to me what you were wearing when you spoke with Callie during

the interview. By that | mean were you in full uniform?

Oh, no, I, | work as an investigator and | don’t wear a uniform: | wear plain

clothes of whatever type, usually some kind of casual dress. That day,

particular day | don’t, | don’t remember what | was wearing. Well, | take that

back. | do kind of remember because the day we served the search warrant

| had on a good pair of black slacks or pants, | guess. | had on black shoes

and | believe | had on my bright blue button-down shirt with a yellow tie, |

believe. | have no idea about a coat, if | even had one.

(000038

2A REPORTERS PAPER EB MPG CO 600-620-4515

Form Cc 100

8 2? 8 FP BO ®P

Were there any type of identifying marks of the Fulton County Police

Department on your, on your clothes?

| don't work for Fulton County Police Department.

Or wherever you were, you're, you're—

Typically | would have my badge on my belt but | can’t -! don’t know if | did

that day or not. Usually if |, if I'm dressed like that, I'll have a badge or so

that way people know that I'm a police officer.

Did you have a firearm visibly holstered?

Depending if | had my coat on or not. If | had some sort of coat on, | don’t

know. if i had 8 coat on, it would have been covered. If | had my coat off,

it, it would have been holstered and on my side, yes.

Okay, did you bring any written questions with you as a guide to the school

when you were questioning Callie?

Written questions? No.

Okay, you were just doing it off the top of your head when you were |

investigating her? |

Yes.

All right, did you take any notes when you spoke with Callie?

Yes.

Okay, what'd you do with those _ after the interview?

' used them to type up my search warrant affidavit.

Do you still have possession of them?

Yes.

Okay, did you ever give copies to anyone else?

Notes?

000039

REPORTERS PAPER 4 HFG CO. 690-626-6313

FORM C-100 -

co Fr Oo FF DO

Yes

No.

Was any portion of this interview ever taped or video recorded by anyone?

Not that I'm aware of. | don’t—I’m assuming the school wouldn't do that

and | didn’t.

Okay, were you ever informed as to Callie’s age at the time of your

questioning?

| believe | was. |, |, | can’t remember it off the top of my head. | think it was

either eight or, eight or ten. | don’t know for sure.

Okay, the notice of detention says eight. So I’m just running off that.

Okay, that, that, —

That sounds about right?

—that's probably right then, yeah.

Okay, were you ever informed as to what grade level she was in during the

interview?

I'm sure | was but | don’t—| mean, obviously she’s at a school of third,

fourth, and fifth graders. So | knew it had to be one of the three.

Third grade sound right?

I'm sure if that’s what you tell me. ©

Okay, can you describe to me what Callie’s physical appearance is? How tall

is she? How much would you approximate she would weigh?

Oh, gosh, I'd have to probably say just a little under four lest maybe.

Okay.

Weight, | don’t know, maybe, maybe eighty pounds. | don’t know. That's

hard for me to say, | guess. i—

(000040

REPORTERS PAPER 6 MFG.CO. 800-626-6353

FORM C-100- LA

eo > 8 FF OO PP

Sure, could you describe to me hes body frame? Was she—

‘ slender, | mean, she’s not heavyset or big-boned or anything like that.

nay, Can you describe to me in detail the types of questions that you were

asking her during your interview?

In the beginning | would have asked her, you know, how she, she came to

know about some of the things she knew about and she—obviousty she’s,

she talked about living there, having, having access, free access to every

place she had been and that she had been out in the barns. You know, asked

her, you know, what, what was it she found out there and if she knew what

it was exactly and if she knew what that meant. Like if—she, she kept

referring to marijuana and | said, asked her if she knew what that was and

she said yes.

Did you ask her any personel questions about Carl Richard or her mother or

anyone else, any individual person?

| guess | don’t know who you're talking about by Carla.

Cart.

Carl.

Her father.

Yeah, Carl is her father. Charla is her stepmom and Carmen is her mother.

All right, did you ask any questions regarding those people, those specific

people?

Yes, I'm sure | would have.

Okay.

| would have asked her if, if her, if her dad was, had been in the barn, if

Charla had been in the barn. | don’t believe | asked about Carmen because

000041

| REPORTERS PAPER & MPG. CO. 800-626-6313

FORM C-100-:

1 didn’t—at this point she had nothing to do with it other than being her

mother.

Okay, did you ever ask her if her, if her father or stepmother ever, you know,

used this, these illegal substances?

1 don't remember if | asked her or if she offered that to me. I can’t remember

at this point during —

Okay.

~ the conversation if | had asked her the question or if she went ahead and

offered it when, when | asked her how she knew what this, what it was.

She, she, she commented that other »eople had come over to the house and

smoked it with Charla und her dad.

Do you recall any other types of questions you were asking her besides

those?

I guess | don’t—other types, no. | mean, it was all related to this pretty mec!

as far as | remember.

Did you ever indicate to Callie what you probably planned to do with the

information that she wee providing you?

1 don’t remember at that point telling her for fear of her getting home before

we had an opportunity to be at the house. ! didn’t want her to go home and,

and be worried about it. | don’t, ! don’t remember telling her what we

intended to do.

Did she ever ask you what you were going to do with that information?

| don’t recall her even asking.

MR. BARRETT: Do you need to change that tape?

THE REPORTER: No, it does it automatically.

(0.00042

1 | CONTINUATION OF DIRECT EXAMINATION BY MATTHEW D. BARRETT:

2} Q Okay, did, did Callie ever indicate to you as to why she provided this

3 information to, to Ms. Keim?

4 A Keim?

5 | Q Keim, | keep saying that wrong but | mean Keim.

6 | A Not as far as I’m aware. She didn’t, she didn’t tell me why she was doing

7 it.

8 | Q Did Miss Keim ever tell you maybe why Callie gave this information to her?

9 Did she ever —any conversations with Callie regarding the, you know, why

10 Callie was saying this?

11 | A_ | don’t believe she told me why and she—|, | don’t know that, | don’t know

12 that we ever really knew why for sure. There, there—! believe there were

13 some questions as far as abuse but |, | don’t know that that was—! don’t

14 know that that was a reason why.

: 15 | Q What do you mean by abuse?

16 | A There were some accusations of child abuse.

: 17 | Q Did you—you didn’t include that in your affidavit. Why didn’t you do that

: ' 48 for?

é 19 | A_ I didn’t know that I'd be searching for anything to do with child abuse.

20] Q Okay.

21 | A_ I mean, as far as | was concemed, that didn’t really have anything to do with

22 the search warrant.

23 | Q Did you ever ask Callie as to whether or not she had ever used any marijuana

24 or illegal drugs herself?

25 | A_ |, | don’t actually believe | remember asking Callie that. She's eight.

000043

| REPORTERS PAPER & MFG.CO. 000-626-6915

rum 100-1

Now in paragraph four of the first page of your affidavit, I'll let you find it.

As you referenced before here easter, you state that Callie found what she

believed to be marijuana in the barn and your, you further stated that “she

knows what it is because she had been around it before.” Is that correct?

Yes, that’s what it says.

Now assuming this is in fact what she said, is it possible that she could have

been mistaken regarding the identification of this substance alleged to be

marijuana?

Well, | guess you're saying is it possible. | guess as I’ve said before in other

testimony, anything's possible.

Okay, did you ever investigate as to whether or not, make any other tyre of

investigations to ascertain if she knew what she was talking about?

| guess other than exposing her to marijuana and, and there was no way that

| was going to do that, | guess, and | didn’t feel that exposing her to

marijuana would be a, a way to do that.

Well, the statement says that, “she knows what it is because she’s been

around it before,” but it doesn’t provide any dates or places of her alleged

prior observations. Would you agree?

No, it does not provide any dates or specific incidents.

Did you ever ask her about specific —

When she told me that she'd been around it when, when her father and, and

Charla and them had smoked it before, |, | took that as enough at that point.

yo etna |

Okay, and just getting kind of back where we were speaking about, do you

believe that a young child of her age is, is qualified to make an assessment

like that as to whether or not it is marijuana o1 net? She's eight years old.

000044

RPORTERS PAPER & MFO.CO. 600-626-6313

PORM G-100 - LAS

> Oo F> 8

| think giving her living conditions, | think she was qualified, yes.

What, what do you mean by given her living condition?

When we found marijuana in the house, it was in a kitchen drawer which she

had immediate access to. It was in her stepparents’ or her parents’ dressers

which I'm sure if, as you were a kid, you probably went through your mom's

dresser drawers too and/or dad's. So—

Okay, but that was—!’m sorry. Go ahead.

—that, that was—I guess at her age she probably did the same thing. So

yeah, | think, | think she is, is—for a child of eight years old, | think she is

overly qualified as compared to one that shouldn't be, yes.

Well, that was after the fact but I’m talking about the time that you were

making this assessment right here when you were drafting your probable

cause. Do you think she was qualified at the time to make that assessment

because at the time—

Yes.

~ you didn’t know it.

At the time that she did that, at the time | got the statement from her, | felt

that she was qualified to give this information.

Well, how was she qualified?

You asked me if | feit she was and | felt she was.

Well, what—how do you feel? | mean, what were you relying on?

1 was relying on the history, | guess, of information that had come

from— whether it be numerous rumors or what you want to call it, prior

arrests, information that has come from— whether it be the Richards’ farm

corporation if you want to call it or from the Carl Richard's 45

mer OMTERS PAPER a ~Pa CO s00-472069))

"Om oem.

however you'd like to call «1. | felt that she was qualified m that matter,

that df she's ving there around 1 af the tune, then she d be quatifed to tefl

about it.

So based on rumors and prior arrests. Were these arrests — what were these

arrests?

The — | beheve the Richards were arrested some years ago for — and probably

actually before Callie was born for mariuana and given the, like ! said, from

working undercover narcotics there's, there always seems to be a flow of

information, whether you can follow up on it or not as far as getting an

actual search warrant. There's always a flow of information and, and after

having always that constant flow of information coming from, quote, the

Richards’ area, like | said, with her being a, a resident, figuring her having

been around it constantly.

Can you— what, what are these rumors that you're talking about?

Oh, we, we go out and we do marijuana eradication every year and we

always seem to pick some marijuana off of some, some Richards’ property,

never connected to han or at least never have but we're always cultivating

of not cultivating but | guess harvesting or whatever you'd like to call i,

eradicating maryuana plants from the area out there and it's always thought

to be the Richards’. Like | said, we never connect~d it to them. Earlier in the

year we hed made a, an indoor marijuana grow arrest in which the, the

gentleman we got that from was an employee of the Richards’ farm, and |

guess with all the information comang wn at this time, it seemed that she was

well-qualified to give the information she gave

Q But well, I'm not trying to trip you up here. I'm just trying to find the

000046

}

fromm CeO (4

connection. How does rumors, prior arrests, unrelated arrests and just these

ali unconnected matters qualify Cathe? | mean, how does that qualify her?

| mean, you give me— you know what | mean?

She lives in the house.

Okay, well, how does she— | mean—

_ When you lived in your pr ots’ house did you know what your parents were

involved in?

I'm not answering your questions today. I'm just asking you.

And I'm trying to give you an answer. | mean, that, that’s an obvious

answer.

Okay.

if you lived in your house, you know what your parents are involved in. She

lived in her house. She knew what her parents were involved in.

Okay, is it possible that the substance in the barn before you — trying to keep

in mind here that this is before—keep your frame of mind before you made

the search, okay? The substance in the barn, could it have been hay or corn

stalks or some other type of —

There was a barn full of hay, —

—ptant material?

— another barn that was ebbsolutely full of hay, straw, hay, straw. | guess I’m

not a farmer. | don't know a lot about the difference -

Okay.

—and she didn’t tell me that there was bales of hay up in a loft. She, she

knew there was one barn that was absolutely full. Well, she didn’t say full

it had a lot in it and | mean, she didn’t make reference to that being the

REPORTERS PAPER & MFG CO 800-626-6319

FORM C-100- LA

e®?> @ >;

same substance.

But is it possible it could have been though?

Again, I'm going to say anything's possible.

Okay, and my next question is this stuff that you were talking about that

was found in her home, she said she thought it was marijuana but could it

have been something else? | mean, it was found in the kitchen, right? It

could have been like an oregano or parsley flakes or some type of spice. |

mean, what are we talking about here?

| suppose if you keep that in your—

is it possible?

— bedroom dresser drawer, it might be.

I'm not talking about the bedroom dresser drawer. I'm talking about when

you referenced here in the kitchen.

But if she'd seen it in the kitchen, she also probably would have seen it in

the bedroom. | guess if you keep oregano in the kitchen and in the bedroom,

that would be possible.

I'm not asking you about the bedroom. I’m asking you specifically about the

kitchen. ts it possible it could have been something else?

You're asking me what she, what she—if you, if | felt t was possible she

believed that was oregano because it was found in the kitchen and I'm

saying if, if that was oregano in the kitchen, then it must be oregano in the

bath, bedroom because it was the same substance.

Okay, did, did Miss Keim—am | saying that right again?

Yes.

i keep forgetting her pronunciation —or Principal Johnson had ever asked

000048

® REPORTERS PAPER 6 MFG. CO. 800-626-6313

FORM C100 -

> Oo F> 2

Callie any Questions during this interview?

Oh, |, I'm sure they would have, yeah. | mean, they, they got their — the

welfare of a child involved in this also.

Okay, do you recall the conversations?

No, | don’t, | don’t recall the conversations between them. They was more

focused on her health and welfare more than anything, | believe.

Okay, was Callie ever visibly nervous or shy? Did she appear scared?

Didn't really appear to be, not, not really like I'd thought, thought she should

be.

What made you think that she should be?

Well, | guess if | was turning in my parents for possession of marijuana, I'd

be a little bit scared to go home.

Was she ever crying?

1 don’t even believe she ever cried.

How long did you question Callie at the school?

Fifteen, maybe twenty minutes.

Did you ever speek to her at any time after the meeting at the school

concluded but before you served the search warrant?

No, once | left the school, that was the last contact | had with her.

[AN EXHIBIT WAS MARKED AS DEFENDANT'S DEPOS'TION EXHIBIT

#8 FOR PURPOSES OF IDENTIFICATION.)

This is Plaintiff's (sic] Exhibit B. Just take a second to look at it. Then

identify i for me please.

This is @ search warrant what—! guess the return or whatever you would like

to call it, the actual search warrant that the judge signed and then the return

000049

APCORTERS PAPER BPO CO 800-626-6315

Form C.100- is

oc Fp 8 >?

on the warrant on the bottom.

Okay, now the search warrant’s dated October 13th, 2002.

Two thousand three?

Three, I'm sorry. | meant that.

Yes.

And at the time of the issuance, i was, | believe, one fifty-eight p.m.; is that

correct?

That's what it says, yes

Okay, now in the affidavit for the search warrant you state that you

interviewed Callie at about one p.m., right?

Correct.

So this was on the same day.

Yes.

Okay, what did you do in between that time when you left the school and

up to, you knuw, before the judge issued this? What were you doing?

| prepared this first document that you handed me which is A.

Okay, now it arpears from your affidavit for the search warrant that you use

the information that Calle supposedly provided you as the sole basis for

applying for this warrant; is that correct?

Yes.

Okay, did you ever take in this time frame here but after you left the school

and up to the, when the judge issued this warrant, did you take any type of

investigative steps to confirm or corroborate any of the things that Callie told

you?

| felt | had enough probable cause to go ahead and file fos the search warrant

; 900059

FORM C10 Lae PORTERS PAPER BMF CO 800-426-63'9

oc Fr CO PF

which | did and which the judge signed.

Okay, could you have— could you have mvestigated further? | know you said

you thought you had enough—

t guess | could have went and done a knock-and-talk like we've done in the

past but this seems to be a much stronger way to go.

Okay, so what Callie told you was— there was nothing else that, that you

submitted to the judge to get this search warrant, correct?

You're—! might, | might have had a picture. | don’t remember if | had a

picture attached, an aerial photo or not of the, the actual property.

Okay.

If anything else was attached, that probably would have been it.

Is it possible that Callie’s mother, Carmen Richard, could have told her to say

something to spite Carl?

1, | don’t live in that house. | don’t know what she tells her.

But is it possible that somebody could —

Well, again, anything's possible.

Okay, that’s what I'm trying to ask you. Did you know that Carl was

divorced from Carmen Richard?

Vou tase, & & (tnew there wese-pctunity ext quing enbetaeen Conmen,

Carl and Charla. So | guess at this point in time | didn’t know whose was

who. So | think | later found out for sure who, you know, Carmen was

actually married to Car at one point but that at that time | wasn’t sure who

was who. So—

Okay.

—1 knew, | knew Carl—! didn’t know Carmen and Carl were ever actually

000051

REPORTERS PAPER 46 FD CO 600-626-6313

FORM C100 - A.

married, | guess. | knew they had kids together. That's how we have —

Okay.

—Callie, Chioe and maybe Clover, | guess. That's yet to be determined, |

guess.

And is it possible that maybe she was saying something to hurt her father

out of spite because maybe something was going on in this paternity matter?

Back to anything's possible, | guess.

Okay, did you ever advise Callie of any Miranda rights prior to your

questioning?

Callie? No.

Why, why didn’t you advise her of any type of rights?

Well, | didn’t have her in custody and she wasn’t a suspect. She wasn’t

being interrogated. She was a witness.

Why wasn’t she in custody?

Well, she was at school. She wasn’t in my custody. | mean, she was, she

was attending school.

What do you mean “my custody"? Can you give me an idea what you mean?

| didn’t— she didn't, she wasn’t restricted of her freedom by, by my means.

She was, she was attending school and she, she spoke to a counselor and

a counselor called me and we spoke to her voluntarily.

Do you know who summoned her to the interview?

1 don’t—

Did you ever speak to one, anybody concerning how she was, you know,

told to come meet, meet you?

1, |—no.

000052

PORTERS *2PE* B wFO CO 890-090-43'3

rom~ C 100 Aer

-. a &

Okay, did you ever get permission from any of her parents, either of her

parents to imtermew her

No.

Why not?

Didn't feel it was necessary at that point.

Are you required to obtain permussion from her parents before questioning

her?

Under those circumstances, | don’t believe so at school. Otherwise the, the

Principal and/or counselor would have ¢ ne so.

So you think there’s an exception to getting permission from parents before

questioning their child?

|, | believe give, given the circumstances, yes. It depends on whether you

have to have permission of not.

Okay, are you familiar with what is commonly referred to as indiana’s

juvenile waiver of nghts statute? it’s a generic name.

Are, are you talking about the form that we typically read to a juvenile when

we have them in custody and read them their rights along with thew parents?

| suppose that’s related to it but I’m just asking you are you familiar with the

waiver of rights statute os an officer?

The, the actual statutes? |, | guess I’ve probably looked at them at a time or

another but |, | can’t say that sitting here that | could give you verbatim or

even paraphrase what they might say.

(AN EXHIBIT WAS MARKED AS DEFENDANT'S DEPOSITION EXHIBIT

#C FOR PURPOSES OF IDENTIFICATION |

Okay, handing you Defendant's Exhibit C. Just take a second and fT

00005

REPORTERS PAPER 4 PG CO 8OD-626-45'9

foRw C100 -&

_ 24

over and identify it for me.

That would be a prepared copy of my narrative and case information.

Concerning the Richard case?

Yeah.

Yes? You can take a second and look —

Yeah, it appears to be the, the, the same.

Okay, now just to the best of your ability, why don’t you take me on a step-

by-step walk-through when you arrived at the residence and conducted the

search up to when it ended. You can refer to this to refresh your memory but

try to do it independently here.

When we arrived, Sheriff Calvert and | approached the door and other

officers were in the process of securing other areas of the property for, for

not knowing who might or might not be around. | believe it was Sergeant

Beaird with the Sheriff's Department informed us that he had located

someone at the point—we didn’t know who—on the west side of the

residence.

1 don’t remember if he summoned to her or if she walked around the

comer or, of what for sure but Charla, who | knew as Charla, eventually

walked around the corner and was congenial, polite, you know. | think she

said, “What's up?" or, you know, something to that effect, and | advised her

at that time of the search warrant for the residence and provided it to her,

ond | ached her if we Could step incide in ender to conduct our business.

Upon going inside she, she took a copy of the search warrart, it was

read to her and told her that we was going to search the residence and the

property, and |, |, | believe at that time her concern wes, was with her kids,

000054

REPORTERS PAPER 6 PG CO 600-626-691)

formu C-100-U

at least Quentin and Carly Rae. | believe they were sleeping at the time, and

she, she had asked if she could take them to another residence so as to not

be disturbed and interrupted by, by the aciivities and at that time | told her

that yes, she could take the kids and leave if she wanted to and—or | gave

her the option she could let them sleep and we would work around them and

try to be as quiet as possible and she took the option to, to let the kids sleep

and for us to basically search around them, and she was —! don't want— she

wasn't agitated. She was again, very congenial.

She wanted to—she kept wanting to move around the residence and,

and for our safety, we had requested her not to go from room to room

because we had to keep somebody with her all the time for our safety.

Did you not want her to leave the house?

| didn't care if she left the house. | just didn’t want her wandering around the

residence while we were trying to search. | had already told her she was free

to go and take the kids if she wanted to and she chose not to. She then

asked if she could change her clothes and | said, | said we had—I guess for

our terms, cleared a room being the bathroom and what | mean by cleared

is made sure we'd searched it for any contraband and weapons or anything

like that to make sure she didn’t have any access to them, that she could get

some clothes and go in there and change, and |, | believe eventually that

was, that was done.

We cleared—! believe it was the bathroom right next to the, to the

master bedroom and, and she eventually changed into different clothes and

she sat at the—! guess the kitchen table is what you call it, the table there

in the kitchen area and actually spent quite a bit of time on the phone while

000055

REPORTERS PAPER 4 WFG CO 600-426-4313

rue C100 -&

we were conducting our search.

| believe | started my search area at the, the door that actually, the

entry door that goes into the garage and worked my way—! guess if you

was facing the door, worked my way to the right through the kitchen

cabinets and on sround including the refrigerator, in that area until | got to

the, the drawer as indicated by the sink where | found, found the, the

maryuana and/or the, the white container, | believe is what « — white plastic

container | might have called it. | don’t know.

Located it, photographed it, bagged it for evidence, so on and so forth,

and | can’t remember if it was right at thet point right now or if it was after

I'd started searching another area, they had called me back to the bedroom

where they located marquana in the bedroom drawer or a dresser drawer in

the bedroom and then a smoking device was on another, on another dresser.

\ believe that was photographed and bagged.

| believe really fairly close to that point, | don’t—like | said, | don't

remember if it was —| believe it was shortly ofter thet | went out and | had

told the, the Sheriff Roy Calvert—who | believe was sitting with Charla at

the time—that she was going to be placed into custody and, and charged

with the possession of marijuana, and she was advised of her rights and

immediately after she requested to speak with an attorney, and that was —!

think that’s when |, | went outside. | think, | think Trooper Shaver might

have come in and, and said that they requested my assistance outside in

some of the outbuildings outside.

So | went outside, started going through some of the outbuildings

outside, went to, specifically to the, to the locations that Callie told me

000056

REPORTERS $4°ER 4 PO CO 800-676-4631)

oem C100 -

about which was the same with the kitchen drawer which when she gave

me the information she—in the kitchen drawer by the sink there'd be a

white contaimer and there'd be maryuana im there and low and behold, that’s

what we discovered, and the same thing with the outbuddings

The barn by the rabbit cages, she said there would be, | believe,

camouflage bags or some sort of bags, | believe she told us, that would

have, had marijuana in them that was near rabbit cages, and sure enough

there was maryuana in the, out there in the bags near the rabbit cages in a

box, | believe, is what she — some sort of box or tub or something she told

me, and then she said out in the other barn in the, in what she'd said—!

think she called it the cow lot or | can’t remember exactly her terminology

but | went to, went to the barn and it actually had all the hay in it at first

because trying to stay somewhat systematic so we didn't just start running

every different direction, went through that bam.

it had @ lot of hay and cut across the, the cattle lot because all the

cows were focused on all the other officers who over in the other area

because we were told —! think Charla might have even said that one of the

cows out there wasn't very nice, and so while it was focused in that

direction, | went around to—! don't know if it’s a corn crib of what you

actually officially call them. Like | said, I'm not a farmer.

it kind of had open-air sides, slats | guess. You can —if you look just

right, you can see through the barn basically, and | went into there and | |

went up into the loft of it, the, the top portion over the center and | found

a, large quantities of marijuana stems and, and bags and | guess so on and

vor, 000057

REPORTERS $4°ER 4 FO CO 800-426-6315

rom C100 - te

> o F- & FF SO

Did you ever test any of the stuff on scene or was it determined later?

Al, at—no, at the residence we, it wasn't tested, no.

Did you test any, any type of drug paraphemalia, you know, any type of

drug substance on the, on the scene?

At, at the residence we tested — when we conducted the rest of our search,

1, |—once we got done outside, | went back into the residence to help finish

inside. In, in conducting the search into the basement and in finding the, the,

quote, secret room, whatever he'd like to call it, bomb shelter or whatever

he may be calling it these days, | don't know.

ts that inside the residence?

Inside the residence behind the panel inside the closet, move the shelves,

open the door, concrete walls, located some, some buc ets with dirt and —

How did you know about that room?

Pardon?

How did you know about that room?

Callie told me about it.

Okay.

And marquana on the floor. Again, collected it, photographed it, same thing,

conducted the rest of the search throughout the rest of the rooms and inside

@ room in—it would have been the — if |—1 don’t, | don’t know that | have

my—it's the last room, the last bedroom in the basement. .

1, | want to say it’s to the east but I’m not sure even with the, how

the house is laid out which way | was facing but | think that’s nght, bedroom

to the east and to the north. Located in the closet in there was a, a black —!

guess I'd call it a gym bag — that had letters written to Char which would be

000058

| REPORTERS PAPER & ~FG CO 800-626-6319

Fromm C-100. |

> oOo F 8

Charla at the address of the, the house there, 2183 West, 500 North, |

believe, and also located in there in that bag was numerous items related to

the use of crystal methamphetamine and some small baggies that had a

white powder residue and which we did test for crystal meth and which it

tested positive for crystal meth. So to answer your question if we ever field

tested anything on the scene, yes, and it would have been for crystal meth.

So what happened next after all this?

1—Carl arrived home somewhere in this time period. | don't remember exactly

when it was. | just at one point was told that, “Hey, Carl's here,” and he

was out back on the patio area with, with Carly Rae and | don’t —! think they

still had Charla upstairs at the time, and | went outside and spoke to Carl

about what was going on and again, Carl was congenial and cooperative and

told him what was happening, what was going on and that he needed to see

about finding somebody to watch his children as he was going to be arrested

for possession of marijuana, and that Charla was going to be arrested also

for the possession of marijuana and possession of a Schedule Ii controlled

substance, and he, he—! think he made the comment, something about,

“Well, what'd Charla say about the kids or somebody watching the kids?”

and | said well, | hadn't gotten that far yet to ask her because we just hadn't

made it there yet.

Okay.

| just ran into him first.

What happened next after that?

1, | think Charla might have come downstairs where me, Carl and | were still

talking about it, and they kind of conversed between themselves about who

000059

2PORTERS PAPER BPO CO 800-426-6913

forme C100. 40

> Oo F- ®

was cormng to get the kids and they made arrangements and | believe, |

beleve Tracy Pocock, which would have been Charia’s sister-intaw, came

and got Carly Rae and to tell the truth, | don’t know where Quentin —1 think

Quentin might have went with Tracy at the time also. |’m not, I'm not sure

where Quentin went for sure.

| know they were gone actually before |, before | got to really find out.

| beheve the Sheriff had been talking to them upstaws and | believe —! think

it’s Cacl’s sister, Rita, which would have been Aunt Rita was going to care

for Catiie and Chice, Carts biological children at that point and | knew ail the

children were taken care of and, and at that point we had decided to, it was

best to go ahead and transport Cari and/or Charla to, to the jail and proceed

with paperwork, | guess.

What time was it when you left?

When, when | left actually? | left somewhere between four-thirty and five.

| can’t remember exactly what time & was. it was somewhere in that

neighborhood.

Were there other officers out there when you left that were still —

| believe we all left about the same time.

Okay.

You know, there was, there's still people around. | know there was — they

went ahead and started to transport Charla and Carl. | don’t, | don't think

they rode together but to tell you the truth, | wasn't out there when they put

them in the vehicles to go. So | don’t know who rode with who and so—but

yes, the other supportive officers would have been in the vicinity. | know |

talked to Detective Reichert and made arrangements with him to, to meet

000060

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REPORTERS PAPER 6 HFG CO 800-626-4313

revere ©-100-U/

him at our evidence bay so we could exchange custody of the evidence night

in through the evidence bay together.

Okay, let me back up and just ask you some questions about the search.

When you were conducting a search when you were inside the residence, did

any of the officers ever come inside from the outside and advise you that

they couldn't find anything inside any of the barns or outhouses?

| believe Trooper Shaver come in. | don't remember if it was him or Sergeant

Beaird. | spoke to both of them off and on regularly. One of them advised

that, right off the bat that they had found something and the other one had

said, said that they didn’t find everything that, that | was advised that was

supposed to be there.

Okay, then winat did you do?

And that's, that's—! think that's about the point that they said they, they

want my help outside. So that’s about the point that | went outside and

discovered the things that we had been told exactly where they were.

How long did it take you to discover them?

In the one barn, probably, oh, five or ten minutes. | think the officers were

concentrated on a barn, on the bam, a—there’s kind of two sides to the

bam, | guess, and they were all concentrated on one side of the barn

because | had told them about a, | believe, a, a ladder. So they were in an

area where there was a ladder and just was focused on that and said, "Well,

here's the ladder that we think you're talking about," and | said, “| don’t

think this is the right spot.” So it took me a few minutes to get everything

straight and —

Hu. many barns of outbuildings are there on this property?

a 90006 &

PORTERS PAPER 4 MPG CO. 800-628-6313

FORM C-100 - LASE

> o > oO

| think ~1 guess you would consider them three is what | would say.

is there a main barn?

1, | don’t know what they would call the main barn.

Like the large barn?

They're actually two of them that are fairly large and to tell you the truth, |

don’t know—again, to me a barn’s a barn. | don’t know what goes on in, in

any of them.

Okay, can you tell me how you entered the barns? | mean, were they locked

or had you—

No, none of the barns were locked. They either had open access or the only

barn that had anything remotely as a door was the, the corn crib area. |

suppose that was to keep the cows out.

Did you or any other officers ever break any of these barn or outhouse

doors?

Break them?

Break them.

We-—as far as the door, it was just a piece of wood that was kind of laid

over, propped up with another piece of wood. So | wouldn't say we broke

them. Moved them.

Okay, so you—there was no damage to the door structure itself.

No, not that I’m aware of.

Okay, on page three of your report, about the geographic center, you state

that you told or excuse me. Okay, hold on a minute. Okay, about, about the

centes of page three of your report you first indicate that Carl arrived on the

scene as you've already previously indicated today. You state that you told

000062

EPORTERS PAPER &6 MFG. CO. 800-626-6313

rune ww OAD

eo > 8&8 F? 8 o >

oS > & PDP

him that you wanted to talk to him about the maryuana located in the barn.

Do you see —

Yes, yes, yes, yes.

— see where | am?

Yes.

Okay, there's no indication in your report that you advised him of any type

of Miranda rights at that time; is that correct?

Oh, at that point | hadn't.

Okay, why didn't you advise him of any of those—

|—again, | didn't—he wasn't actually in custody at that point when | went

outside to first talk to him.

Was he — would he have been permitted to leave the, the scene?

Right at that point there? Probably not.

Okay, was that an incriminating question?

Well, | guess it would have been if he would have given me an answer.

Okay, now | think we've already discussed some of this. Towards the

bottom then on, on the lowes half of page three, you, you're describing all

these conversations that you're having with Cari concerning his children and

Charla’s use of meth.

Urn-hmen.

Do you see kind of where | am?

| think so, yes.

It’s kind of that whole general paragraph.

Yeah, where it talked about the freaks?

Right, the freaks.

OO008A

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ASER REPORTERS PAPER 6 MFG CO 000-628-6919

FORM Cc.

oclUCh PWC OmUhUCPhC—~C~

a oe

Um-hmn.

Agam, it doesn't appear that he was being uncooperative or resisted arrest.

1 think you earher commented he was congemal and cooperative.

He, he was, yes.

Okay, so did he ever give you any type of trouble on the day of the search?

The day of the search, absolutely not.

Okay.

None.

Now let's, let's shift to the next day on October 14th and | think the next

page kind of starts covering that. The next day you and Erica Baughman— am

| saying that right?

| think you're pretty close, Baughman or Baughman.

All right.

Yeah.

Phonetically—went out to Carl's property to remove the, the Richard

children, correct?

Well, not, not specifically to remove the children. We went out to notify

them of the removal of the children.

Oh. |

We had already — we had figured, obtained custody of the children and place

them in placement. So no, we didn’t go out there to remove the children. All

we went out there, just to deliver the notifications.

Okay, so the children were not going to be taken that day, right? You were

just serving a notice.

They, they were already removed.

000064

REPORTERS PAPER & MPG. CO. 800-626-6313

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Okay.

The childrer—what we believed at the time, Chioe or not—excuse me

not — well, | guess I'll start with Chloe. Chioe and Callie were with Carmen

from what we understood or assumed would be from school. We had called

the school, made contact with them, made contact with Carmen and, and

Carmen was supposed to get the, those two from school, and Quentin, |

believe, was in custody of his father, Wayne, and Carly Rae—I'm trying to

remember all these names. Carly Rae was in the custody of Carol, | believe

at the time, which is Charla’s mother, and we had made arrangements for

all of those people to maintain that custody. The only question was between

Carol and Tracy Pocock of who was going to keep Carly Rae.

They had custody but | think it's mentioned in here that Carl, when he

showed up, that he had the young one, the one-year old in his arm?

Yes.

Okay.

To, to my surprise.

Why was it to your surprise?

Well, we'd already left Carly Rae with Carol in, in her care and went to his

house to notify him that he, that she was going to remain in, either in her

care or in Tracy's care and then he walked in the door with her. So to—at

that point as far as | was concerned, she was in the custody of Carol and

then when Car! walked in with hes, thet wes something, » bridge that we

was going to have to cross because we'd already, as far as we were

concerned, removed the children from the residence, and that's what we

were wanting to avoid was a confrontation.

000065

§9

(TPORTERS PAPER 6 MPG. CO. 800-626-6313

FORM C-100 - LAS

> © FF @& F&F O&O FF? O&O FF SF

So you would have probably ended up removing that child then, that one-

year old.

Why sure. We already had a court order to do so.

Okay, okay, now can you tell me about the conversations that you had with

Erica Baughman before you went out there that day?

Oh, | told her that she didn’t want to go out there by herself to deliver these

notifications.

She worked for the Welfare Department?

Well, Welfare, —

Child—

—Child Protective Services, Fulton —

Right.

—County DFC.

Okay.

You name it.

Okay, go ahead then.

| told her that she—when, when we discussed the removal of the children

because of the—well, | guess not only for the abuse reasons but for the, the

manufacture of drugs on the property by statute and got 8 court order signed

by Judge Morton to remove the children, that | told her she didn’t want to

go out there by herself to remove the children, and | told her | would assist

her in doing that since it was already a part of my case. ,

Before you went out there to the property with her, did you ever advise any

other officer to maybe stand by in case there would be trouble?

1, | didn’t tell them to stand by. | called, | called my station and told them

rm 000066

PEPORTERS PAPER 4 YFG CO 600-0276-69'9

romm C.100-u

where | was going just in case. It’s standard procedure but | quess in this

case | just felt &« was probably a little bit more necessary than, than normal

and then | called, | believe | called Officer Carie Brouyette or Deputy

Brouyette at the County and told him that, “Hey, I'm, I'm going out here

just, just so you know where I'm at,” and that was, and that was about it.

| didn't tell him to come out in the area or stand by or anything. | just

wanted them to know where | was.

When you arrived out there, did you ever see him like parked down the road

or anything like that?

No, as far as | knew, | was the only one in the area.

Okay, have you ever delivered a notice of detention Lelore?

|—may have been early in my career but not, not, | mean, | can’t recall doing

one at this point in time right now, no.

Okay, describe to me again kind of in step by step what happened once you

got out there with Enica, just what the events that occurred.

Well, when |, when | first got out there, we didn’t expect anybody to be

home. We knew there was a warrant —| knew there was a warrant for Charla

for, for arson, and so we, we actually figured she would be avoiding us. So

| didn’t actually expect anybody to answer the door.

| figured Cari was working on the farm, you know. That's pari of his

duties. So | told Erica, just in case, | said, you know, given the day before

| didn't figure they were real happy with us. So | told her to wait in the car

and | would try to make contact with somebody at the residence, and when

we pulled in the drive, | noticed another vehicle sitting kind of up and to the

left on a cement slab area. It was a pickup truck of some sort and | can’t,

000067

REPORTERS PAPER & MPG. CO 800-626-4913

-OmM C-100-LA4'

can’t tell you for sure what even color it was, but there was a gentleman in

it. | thought, well, maybe that’s Carl by chance. You know, | didn’t know

why he'd be sitting there but maybe he just pulled in too.

So | pulled in and exited my vehicle and went up to the person in the

truck. | believe he told me his name was Kevin and | said, “Well, okay,

is — have you seen Carl? Is Cart around?” He said, “No,” he said, “I just come

down here myself to check on him." | said, “Okay,” and | said, “Have you

been up to the door yet?" and he said, “Nope, just getting ready to walk up

there.” | said, “I'll walk up there with you.”

So we both went up to the door together and | think at first he

knocked on it. We waited a few minutes and then | knocked on it and waited

2 couple more minutes and Kevin said, “Well,” | think he said, “I'm going to

take off.” | said, “Okay.* Now | actually started to walk away and was going

to go get the papers from Erica and just stick them in the door and | thought

well, I'll rap on it one more time. So | knocked on the door one more time

and waited, you know, a shorter time than | did the first time and started to

walk away towards the car again, and | think as | actually got down off the

first step, the door come open.

Well, | turned around and Charla was standing at the door and

said —| believe her, her words were something to the effect of "What do you

want now?" and | told her that we had some paperwork that we needed to,

to, to give her. At that point | hadn't told her what it was yet, just told her

| had some paperwork for her, and | motioned for Erica to come up from the

car and she did and she brought the paperwork up, and | asked Charla if we

could step in and talk to her to, you know, it was raining and pretty nasty

a 000068

- REPORTERS PAPER 6 MPQ.CO. 800-626-6313

FORM C-190-

out, and she kind of hesitated and | said, “Well,” | said, “I just thought we'd

get in out of the rain and, you know, out of the weather,” and she, she

opened the door and let us come in, and then | asked her if we could turn a

light on because it was fairly dark in there then and — because she had shut

the door back up, and we— she searched around trying to flip on a light and,

and | don’t know for what purpose or reason but none of the lights. would

come on.

So we were kind of, | guess, it wasn’t dark to where you couldn't see

but it was, it was, you know, darker than i'd like normal to read, and | told

her that we had a, a notice for her children and provided her copies of the

paperwork and then | told her that we had a arrest warrant for arson for her

and she began to question me about what | was talking about with the

arson, and | said, “Look, it’s not my case. | don’t know really anything about

it other than there’s another warrant for you and you're going to have to be,

you know, taken back to jail for it,” and she kind of threw some paperwork

around and, and got, | guess, discourteous and was, was becoming agitated

and about the time Carl walked in the door.

Well, actually | guess | seen a truck come in the yard first, one that |

didn’t recognize and at that time | thought, okay, | figured at that point

Carl’s probably home but | didn’t know, have any idea if he drove a car of 4

truck or what, and so @ truck pulled in and a short time later Carl come

through the door carrying Certy Rae, and like | said, that, that was my |

biggest surprise of the day was seeing him come through the door with her,

her.

| thought okay, and he, he immediately handed Carly Rae off to Charla

000069

REPORTERS PAPER 4 MFQ. CO. 800-826-6313

FORM C-100-

YY & 2 @

as She was telling him at the same time, “They're taking our kids,” and he,

he began to question, you know, what was gomg on and, and she explained

to him that we, we were going to take custody of the kids and, and that |

had a another warrant for arson for her and, and he asked, you know, what

that was all about and she, she again said, “I don’t know what, what they’re

talking about,” and he, he then focused on me and handed, like | said,

handed — he finished handing Carty Rae off to Charla and he actually started

coming toward me and calling me a liar and raiving his voice and becoming

more and more violent as, | guess verbally violent at first at one point and

called me a har numerous times and, and said, made the statement like, “You

told me you wasn’t going to charge me with a 8 felony,” | think is what he

said of the, the meth charge of something.

1 don’t remember exactly what i was end | told him that that was a

mistake and, you know, that shoukin’t have happened and tried to explain

it to him and asked him to calm down so we could speak about it, and he

eventually put his hands on me and grabbed a hold of me and, and pushed

me up against the, the door.

What do you mean that he put your hands —

'e grabbed me—

Describe to me what he—

—he grabbed me by the— well, what would be your lapels [indicating] and

kind of held me —

Did you have a coat on that day?

Yeah, oh, yeah, yeah, | had a coat, a some—it might have been my yellow

coat that I'm wearing now. | don't remember for sure if | had & on of not, —

000070

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Okay.

~ which one | had on but | had, yeah, | had some sort of —no, | remember

which one it was. It was a tan, a brown, tan one, brownish-tan. It was a

lighter coat and he grabbed me by that and had pushed, slammed —! guess

| don’t how you want to describe it—up against the —it was a door but |

think it was kind of like the —it was either off to the side of the door or right

about the door jamb or there, maybe there's a side window to the door.

| don’t even know for sure because it was behind me but | could feel

it, and he kept pushing me against the wall and, and kind of pushing me

against A”, then pulling me out a little bit and pushing me back agaist it and

raised his fist numerous times as if he was going to hit me and, and |, |

figured then that i was, it was getting pretty ugly, and so | again, tried

talking to him, | guess tied, tried talking him, talking him down more than

anything and trying to get him to calm down and understand that there was

@ mistake made and, you know, “You're not being charged with the 8

felony.”

It’s just the possession charge and he, he, like | said, he was focused

on, on the, on—he felt that | was dishonest with him and, and so |, like |

said, | tried to explain to him that that wasn’t the case. There was a mistake

somewhere but | didn’t know where it was made and—

About the charge?

About the charge, yeah, —

Okay.

—and | told him that, you know, |, |, | didn’t know how it haypened or what

happened but it—! agreed that he, he wasn’t supposed to be charged with

000071

\2PORTERS PAPER & YFG CO 800-676-631)

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Fomuc.

that, and it didn’t seem to matter to him one way or the other what | had to

say. He just kept calling me a liar and, and he eventually pulled his fist back

after doing it numerous times and, and struck me in the chest, about, about

middie of the chest.

How hard?

Hard enough that it hurt. | guess | don’t know how hard the guy can actually

hit physically. I'm guessing pretty difficult.

Did it leave a bruise of any mark?

Didn't leave a bruise, didn’t leave a mark. I'm—! got to be honest. I'm not

the type that bruises or marks very easy but he didn’t leave a bruise or mark

but a substantial amount of pain.

Did you go seek medical attention?

No, | didn’t seek metal, medical attention, no broken bones or anything. So

1 mean—

Just enough —

—if it’s a bruise, it’s going to, it's going to heal. | mean, there's nothing you

can do for a bruise.

So ft was just kind of enough to hurt at the moment.

Enough to hurt at the moment and for a, for a while afterwards. The next

day | was sore. You know, | took an aspirin, you know, that kind of stuff to

make, make any discomfort go away. So it wasn’t anything serious.

Okay, so what happened next?

He, he had done that and he then, like | said, he, he was irate enough that

he just kept yelling for us to get out of his residence at this point. He said,

“Leave my house. Leave my house.” He pulled me away from the wall and

900072

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opened the door and then physically pushed me—turned me around and

pushed me in the back out the door and as he was kind of going out the door

behind me pushing me, he turned back to Erica who was standing near the

door and said, “And get that fat hog out of here,” and she didn’t need to be

told twice and left the residence. She beelwred for the car and which | started

walking toward the car.

Then while he kept—he was behind pushing me in the back on the

way out to the car and | grabbed my—! had my radio, my portable in my

pants pocket —! don’t remember right or left — grabbed my portable and called

in that | needed assistance out at the residence and he, he made the

comment, something about, "Go ahead and call the SWAT team,” or

something to that effect, and | told him, | said, “That's, that’s not the case.

That's not what | was doing,” and | eventually made it to my car and told

Erica—he turned and went back inside at this point and told Erica to stay in

the car and lock the doors and |, | got into the car and actually retrieved a

weapon from my trunk and —

What was the weapon?

The weapon was what's called an Agent K UMP. It’s a forty-caliber hand or

weapon, | guess, and | waited at the rear of my car just, | guess, they, they

went back in the residence and closed the door. | think | advised, | think,

Fulton County —! can’t remember if | called them or Rochester — advised them

that, what had happened, that, that battery on an oltiecs ond tet they had

confined or secluded themselves in the house of something to that effect,

and | waited at the trunk of my car for other officers to show up, and | think

about the time Carie Brouyette pulled into the drive, Deputy, |, | looked over

000073

eer REPORTERS F47ER OB TO CO 800 488 4819

romeo

the top of my Car and could see Cari and Charla carrying Carly Rae getting

mto the. the same truck that | had seen pull m the yard earher and « was

laced northbound toward the road.

So |— well, there's another gentleman over there too who | didn't

recognize, didn’t know who that was, and so |, | talked to or hollered at

Cane Brouyette because he was, | thank, just getting out of his car or, o had

just gotten out, thinking that he'd be able to get hes car in front of that

vetcte to keep it from leaving and, and he, he wasn't able to respond in time

before they had gotten started. So that s when |, | moved over in front of

the truck in which Carl, Charla and Carly Rae were in— not in a child seat by

the way — but got over there in front of them and ordered them at gunpomt

to stop the vehicle and numerous tunes told hun to get out of the vehicle

and, you know, |, | think | made the comment, “Don't do this. Stop the

vehicie. Get out. Get out of the truck.” Numerous times | ordered him to, to

stop ard get out.

Eventually, | mean, |—it seems like hours but |, | know & was just a

matter of either seconds of a minute or two went by before he exited the

vehicle and | ordered him, once he exited the vehicle, to get down on the

ground and he, he failed to comply with that. He actually went to the bed of

the truck and reached over the side and, and at that pomwt rot knowing for

sure what he was going to pull out, he’s still at gunpoint and ordered hun to

stop and, and get on the ground and didn’t do so, and at one point he

watked toward the front of the truck toward me and kind of put hrs arms out

to the side and he says, “I'm unarmed. I'm unarmed,” and then as I'm still

ordering hwn to lay on the ground, he. he retreated back around to the rear

000074

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of the truck and the whole tine Charia’s sitting in the truck.

He went back around to the rear of the truck and, and toward his

house. | thunk he made the comment, something to the effect of he’s, he's

not laying on the ground because it's ramming of something to that effect of

“it's all wet,” maybe. I'm not sure and he was, he was stopped on the

passenger side of the truck toward the house by Deputy Conley, Walker

Conley, and Walker or Deputy Conley kind of stopped him there and began

to speak with him and, and proceeded to take him into custody from there

and at that time Carie Brouyette was at the truck taking Charla into custody.

And that pretty much ended the whole incident, correct?

Pretty much, yeah. The time when, when he was in truck and | was in front

of it, he, he had @ m gear, actually started rolling at one pomt in gear and,

and then stopped when |, when | come in front of the truck.

How, how soon was it before you recerved your backup assistance —

Nt was — actually —

— from the time you radioed for help?

— it was fairty quickly. | mean, | called for assistance and it was within, I'm

going to say two or three minutes probably. |—

Okay, were they in the area or how did they —

|, Ihave no idea. After the fact, | guess, | found out that they were— Watker

and Carie had actually decided to come out to Charia’s house to see if tnev

could serve the, the arson warrant on her because it was actually Walker's

case but |—

Did you~

~ they weren't, they weren't, | guess they weren't in the area. | think, | think

000075

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| heard Walker say that he had just turned off of 31 onto, onto 450 maybe.

Considering how you'd just been out there the day before and you searched

his whole, you know, his residence and his barns and alll that, do you think

a would have been maybe more, a little more appropriate if another officer

had came out to serve that notice just to keep, you know, the peace?

Weill, you know, your, your other partner, | think he is, made 9 comment

during our bond hearing that —

You're referring to Mr. Allen?

Pardon? |

Are you referring to —

Yes. Mr. Allen, that’s him. That he, he referred to me as being at their

wedding, my wile being a, a long-time friend of Charla’s and they have

acquainted our house, as in been visitors in my house, sat at my kitchen

table. So | guess at the time | figured, you know, if—given all the

circumstances, | thought well, it certainly can’t hurt for me to go out there

and it’s my job.

But my question was do you think someone, it may have been a little more

appropriate for someone else to do it?

Weil

MR. BROWN: Are you talking, are you talking now in hindsight of are

you asking now if hindsight’s the better thing? Before he couldn't look

ahead. Are you asking him now to look ahead and decide?

MR. BARRETT: I'm just asking him at the time should he—on the 14th

should he have had maybe someone else go out instead of him because the

day before you'd just been out there. 00 001 6

‘SR REPORTERS PAPER 6 HFG. CO. 800-628-63°3

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MR. BROWN: And, and that tells you what? What does that tell you

if he-

MR. BARRETT: |, I'm asking him the question

CONTINUATION OF DIRECT EXAMINATION BY MATTHEW D. BARRETT:

Q I'm yst asking your opimon which should have been more appropriate?

MR. BROWN: His opinion as of now?

MR. BARRETT: At the—sure.

MR. BROWN: Or before he went out?

MR. BARRETT: His opinion right now, should, should it have been

more appropriate?

MR. BROWN: Go ahead.

A Okay, my opinion now? | would have to say no because | think they would

have gotten the same reaction no matter which officer went out there and

| wouldn't put any other officer in, in, in jeopardy that | wouldn't put myself

in.

CONTINUATION OF DIRECT EXAMINATION BY MATTHEW D. BARRETT:

Q Okay, now you were investigating the search. You, you obtained the

probable cause affidavit and ali that. Were you required to be with Miss

Baughman or could someone else have went with her?

A I'm assurning they, they, they could have. | don’t know. | didn’t ask. I've

never asked another officer to do something that was my responsibdity of

my duty or —

Q Okey, but my q.2stion was were you required to be with her or was, oF

was — were you assigned to her by a superior officer or something?

A No, no.

000077

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Who made the decision for you to go out with her?

| ded

Okay, now prior to the 13th and the 14th, had you have, have you ever had

any occasion to be out there on that property before?

Yes.

| dunk you referenced 8 wedding.

Yes, | was out there for their wedding.

Okay, how— why were you invited?

My, my wife and Charla were —! think you could say probably best frends,

best frends through high school and, you know, Charla was present at my

wedding and with, with my wile and, and | — and | guess they reciprocated

and invited us to thew wedding.

Okay, are they still friends today?

That would probably be a difficult question for me to say. lt, it's, it's very

difficult to call somebody that has, has done what they have done friends

but I'm also a, a loyal type person that | wouldn't necessarily discard them

as trends.

Do they still speak together, | mean, or do things together?

Oh, | would have to say probably not right now. There's another warrant for

Charla. So if they‘re speaking —

Raght.

—together, then, then | won't be very happy about it but—

MR. BROWN: I'd kind of like to know that myself.

THE DEPONENT: Yeah, but | would have to—

CONTINUATION OF DIRECT EXAMINATION BY MATTHEW D. BARRETT:

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That's what I'm asking you.

And I'd have to say probably not.

Okay, would —did then Charla ever tell your wife anything about drugs or

anything like that?

Not that I'm aware of.

Okay.

| mean, if she did, then |, again, I'd like to know and, and my wife and! are,

are honest with each other and | think she would tell me if, if she did. You

know, | think both of us know that Charla has or had been involved at one

point and — but as far as having any direct information, not that i'm aware of.

What's your wife's name agam?

Rebecca.

Rebecca, all right. Has—did Charla ever express any opinion to Rebecca

about her views of meth or law enforcement officers?

Um—

Is she a very opinionated on those types of issues?

I'd have to say probably but, you know, other than maybe making the

occasional comment that she thinks marijuana ought to be legalized, not

that, not that I'm, | guess I'm aware of really.

Okay, did you ever speak with Charla about any things like thet?

Oh, no, she didn’t talk about it with me too much. | can’t, | can’t ever

remember really talking to her about, you know, drugs and narcotics in any

way.

Okay, besides that wedding, were you ever out there at any other time?

| can’t recall any time ever being out there. in fact, when we went to the

000079

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wedding, | wasn't even sure where they lived. So I'd have to say no.

When you were out there at the wedding, did you ever speak to Carl?

Oh, yeah.

What, what'd you guys talk about?

Oh, we talked about his concrete floor. He was very proud of his basement

concrete floor and, and just, | mean, concrete work and, you know, kind of

stuff that he’s involved in and we talked about, about his multimillion dollar

milking barn, | think’s what they call it, you know, his business basically as

far as milking and cows and concrete.

Did he show you around the —

His house, yeah, he—

I'm sorry.

—kind of—let’s see. | think he showed—! don’t know if he showed us

everything. | mean, we talked about his concrete floor in the basement. |

think Charla may have actually taken us upstairs and, you know, showed us

the kitchen area and that kind of stuff.

Were you ever showed the basement?

Yeah, we were—most of it took place in the basement.

Oh, the wedding?

Yeah.

Okay, were you ever given a tour or showed around the barns or any of

that— |

No, we never went to any outbuildings.

You were, you were shown around the home, correct?

The house, yeah.

000080

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Okay, when was that wedding?

| don’t know.

Can you speculate?

I'm going to guess they've been married for over a year but | couldn't tell

you for how long. | know Carly Rae's just turned a year old. So |, | really

don't—| don't have a clue, you know.

Okay.

| don't—| have my own anniversary to worry about, not hers.

| know, | know the feeling. Do you know Carl's ex-wife Carmen Richard?

| know who she is now. At the time | don’t think I'd ever met her before.

Okay, did you know anybody that had ever spoke to her —

Well, I'm sure |—

— that would have relayed information to you?

Oh, anybody that relayed— yes.

Who was that?

Trooper Jeff Carmen had relayed icformation. | don’t know—it wasn’t

directly to me. | think it was relayed to-! don’t know if it was to the

narcotics guy at the time or if it was to Department in general that some

What was that information?

Something ebout marquane being in the, on the property was all | know at

that time. | mean, it wasn't enough to, to take an ex-wile’s word for it that

as far as we knew had no connection to hin other than kids going back and

forth.

Do you recall when this was?

000081

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Withwn a few weeks before this, this actual search warrant took place.

Okay, did anybody ever investigate the allegation?

Other than | think we drove by and looked, you know, at the property from,

trom afar and there was nothing to, to lead us to believe any, any further at

that pomt.

Okay, what is your opinion of Cari Richard as a person?

As @ person? | think he's a funny guy and | mean funny as in he’s, he's,

he's, he’s funny to talk to. |—before this incident | would have allied him a

father, can be. | think he loves his children. |, | have, | have some respect for

Carl. | don't have respect for what he’s done or may be doing. | don’t know

for sure what he's up to now but |, | do have a certain amount of respect for

him as, as far as, as far as the family goes, | think. | think he, like | said, |

think he cares for his children as best he knows how.

What's your opinion of Charia Richard?

| think she needs some help.

What kind of help?

Whether it be drug rehab treatment or, or | don’t know, violence counseling.

I'm not sure what all she, she needs at this point. | just think she needs

some help to get straightened out.

Why are you saying that for?

Well, you know, there’s accusations that she, she burnt somebody's car.

There's, there's, you know, accusations that she’s abused children that live

in her house and, you know, she, she went to a treatment center and didn't

follow through. So |—

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These are all accusations?

Well, | guess I'd have to call them accusations. She hasn't been convicted

of, of any drug use or, you know. She hasn't been convicted of any abuse

and as far as leaving the, the treatment center, | don’t know that it’s an

accusation as much as what it is a well-known fact that she’s gone.

Have you ever heard of a person—! think you may have even referenced

her — Bonnie Bradley?

|, Idid reference her. That's supposed to be the vehicle that, | believe, Charla

burnt.

That's the owner of the vehicle?

| believe so.

Okay, did you ever speak to Bonnie Bradley?

No, that’s not my case. That, that's the one that | referred to Walker

Conley —

Okay.

— investigating that case.

Do you have nay knowledge as to whether Bonnie had ever been a house

quest at the Richard residence?

| don’t have @ clue. |, | can’t say | know Bonnie if she walked in the door.

Do you know a son of hers by the name of T.J. Kelly, | believe?

Yeah, okay, | didn’t know that was her son but yeah, | know T., who T.J.

is.

| think it’s her son.

it could be. If you're telling me it is, I'll believe you. | don’t know.

I'm assuming it is. What's— who's, who's T.J. Kelly?

000083

2 REPORTERS PAPER 6 MFG.CO. 800-626-4313

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| think at one time he worked at what they call the jarm which is the

Richards farm. Other than that, | think | ran into him. | might have written

him a ticket at one time or another for maybe driving while suspended when

| worked in uniform. That sounds familiar. | think that's right but |— other

than that.

No other contacts with hin?

No, not that | can remember.

Was, was he on the Richard property about two hours before you executed

the search warrant?

| have no idea.

Did you ever hear anything about that?

No, and nobody mentioned T.J. to me.

Okay, now during your search on the 13th of the Richard property, did

Charia ever advise you that about a week and a half prior to your search and

just two days before the search that one or two of her exterior doors had

been troken?

Yeah, she made mention of that.

Well, what, what'd she say?

She, she just said thy’ they'd been broken and it just seemed—how'd she

put a7 it seemed kind of funny.

Okay, | don’t, | don’t recall reading tiat in your report. Why didn’t you put

that in your report?

Because at the time | felt that she was making accusations towards me as

planting evidence and that's far from the facts

You just fet that, nght?

000084

= REPORTE*S F2FEr 6 HFG CO san 420-69")

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She insinuated it, yes.

Okay.

She had asked me if I'd ever been in her residence other than the wedding

also just as you had and if you, | guess, read into that as questions well

enough, then you can take the same reference to that and, and that that was

Did she ever come right out and say, “You, Officer, you were,” —

No, she never accused me directly but, like | said, she made reference to it

and, and bind of inferred that and, and | took, | took offense to it to be quite

honest.

How did she infer it?

She asked me if I'd ever been in her residence without her permission before

and if that—i dhink she put it as —how did she say it? “Have you, have you

done this in other houses or other places to, to other people?” someting tc

that effect and | said, “What are you talking about?" “Well, been in their

house.” | said, “With a search warrant, yeah, we do it all the time.”

How about without search warrant?

Well, absolutely not. That would be illegal.

Okay, should —

Uniess we're invited, | mean, obviously.

- should you have at least made a reference to that maybe even for your

own protection? |

| guess at the time | dxin't feel it was necessary, no.

Okay.

| mean, |— it will be in this deposition. So | guess I'll protecting myself well

000085

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enough.

Do you know a person by the name of Dave that was, thet was or is an

acquamtance of Richards?

Yeah, onty if you're talking about Dave Sheshitski who's the guy we got the

maryuana grow operation from is the only one if that’s who you're talking

about.

Okay, tell me about your contact with Dave.

| assisted Officers Andy Shotts and Les McFarland in. a mary ana growing

operation. | believe it's on County Road 1100 West but | couldn't give you

an address other than that.

Les McFarland, is he up there at Marshall County?

Marshall County, yeah.

Okay, go ahead.

And basically | guess all | did was assist them in, in dismantling the, the

evidence after they had obtained the search warrant.

Okay, did you have any other type of contacts after that?

With, with Dave after — what do you mean?

With Dave or any type of —

From that—you mean after that day?

Yeah.

No, no, | don’t think I've ever seen or talked to Dave since then.

Okay, did you ever make a telephone call to, to Charla and speak to her

about Dave?

Yes.

Okay, when did you make that call?

000086

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! believe it might have been the same day that he was arrested.

When, when was that? Do you recall?

| don't, | don’t know what the date was.

Well, why'd you place a cali to Charla about Dave?

Because he, he supposedly fed her cows or what he said. He fed the cows

and he said it was important that the cows get fed. So | made a phone call

to her to—he didn’t really want to go to jai obviously. | made a phone call

to her to tell her that, that her farm, that the farmhand—|, | didn’t think she

had a lot to do with the farm. | figured she'd get a hold of Cari and let him

know that the farmhand that fed the cows wouldn't be able to make it to

feed the cows that day.

So you were worried about the cows?

Well, Dave was worried abou’ the cows and Dave was cooperating so —

Were ycu ever trying to maybe connect them, the Richards, and Dave in,

with a crime?

Oh, did we ever?

Were you trying to?

Oh, | would have loved to have done that. | would have, yeah, but —

I'm not asking you would you have but were you trying to?

Hf, if that opportunity arose from that phone conversation, yes, | would have

taken advantage of it.

Okay, but what | was asking you is were you intending to at the time?

My intention at the time was to see how they reacted to Dave's arrest, |

guess. So if that connected them, then, yes, that would have been my

intention

000067

® AEFORTERS Par ER 6 uPO CO 800-488-489" 5

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Okay. did anything come of that phone call that was anything significant to

acrume?

Significant to a crime? No. | beheve —

Ord Charta say anything?

—Charta bonded hwn out of jad but | belheve that was about it.

Okay, have—you may have made a reference to this but | just want a

clarification. Have you or any other officers from any department ever

investigated the Richards for any other thing? | think you may have said

marquana.

| haven't. That was actually before | even carne here, | believe, is when.

is—it was erther before or —

MR. BROWN: That's a pretty broad question. | mean—

MA. BARRETT: | don’t think it’s broad. I'm just asking him have you

ever invesugated them for anything?

MR. BROWN: How much broader can you get? So you're going to—

MR. BARRETT: | mean, have you—did you take steps to, you know,

Scope out thew residence, that sort of thing?

MR. BROWN: Ever?

MR. BARRETT: Ever.

MR. BROWN: Are you asking ever?

MR. BARRETT: Ever.

MR. BROWN: Geez. I’m going to ask, tell him not to answer that if i2,

if t's vestigations that are —

MR. BARRETT: You don’t have to reveal the actual investigations but

pust tell me have you ever investigated them for anything else’

000068

1 MR. BROWN: Okay, now are we down to him personally?

2 MR. BARRETT: Yes.

3 MR. BROWN: | would dwect you not to answer if it is anything that is,

4 is of could be ongoing. If it’s something that’s in the past—

5 MR. BARRETT: Okay. |

6 MR. BROWN: — that’s concluded, | don’t have a problem with that.

7 | CONTINUATION OF DIRECT EXAMINATION BY MATTHEW 0. BARRETT:

8 | Q Okay, originally | said it was him but just for the sake here of argument, you

9 can tell me about—ieli me about anything that has concluded or closed.

10 Have you ever—you personally, have you ever investigated them for

11 anything? That's not, nothing that’s ongoing right now.

12 | A 1, l—at this point! guess f’d have to say the only thing that | can recall would

13 be the, the marijuana eradication that we have done that, you know, that we

14 always try to connect with—no matter what propert, it's on— where it came

: 15 from and who's, who's cultivating or putting i there, but | can’t say that

16 there's anything that, like | said, had led us to them. Otherwise, they would

17 have been arrested by me at another time.

i 18 | Q Okay, would you like to add anything else to your testimony today?

: 19) A No.

i 20 | Q Would you like to change anything?

211 A Not that! can, I'm aware of, no.

22 | Q Did you understand everything | was telling you?

; 23 | A_ I think so.

24} Q You're laughing. Is there anything you would—

Well, no, no, | just—like you said, there's a lot of back and forth and |, |

000089

FORM C.\00 - LASER SEPORTERS PAPER BFA CO 800-626-6919

think | understand and, and | think | answered your questions to the best of

Q Okay, were you being truthful in all your responses?

A Yes.

MR. BARRETT: Okay, | don’t have anything else unless you do.

MR. BROWN: | don’t.

THE REPORTER: Signature?

MR. BROWN: Do you want to read it?

THE DEPONENT: Oh, sure, I'd like to look at it.

THE REPORTER: Okay.

AND FurTHER THE DEPONENT SAITH NoT. 3:50 p.m.

Murph

Corporal Matt A. Campbell

INo changes] K [Changes per attached errata sheet]

B- 24 OF swat signed

000090

STATE OF INDIANA )

IN THE FULTON SUPEIOR COURT

COUNTY OF FULTON ) CAUSE NO. 25001- -MC-

AFFIDAVIT FOR SEARCH WARRANT -

Matt Campbell, being first duty sworn, upon his oath says the following:

That he ts a law enforcement officer with Rochester City Police.

That he belleves and has good cause to believe that certain

things, namely marijuana and items of contraband are concealed in or

upon the following described property in Fulton County, Indiana:

2183 W S00 N

Rochester, IN 46975

Induding House and Barns and Outbulidings

Said tems constitute evidence of the commission of the offense of

Possession of Marijuana and Possession of Paraphernalia.

Affiant believes there is probable cause to search based upon the

following facts:

Patty Keim (Riddle Schoo! Counselor) contacted me on today’s date. She

stated that she was approached by a student by the name of Callie R.

Richard and told her she had been in one her bars on Friday, October 10

after school. While in the bam she observed what she believed was

marijuana. | advised Patty | would come to the school to speak with the

Student.

At approximately 1:00PM I went to Riddk. Gementary School to speak

with Callie, Mrs. Keim, and Mrs. Johnson (School Principal). During the

interview Callie again stated she had been in the barn on Friday and found

what she believed was marijuana. She stated she knows what it s

because she has been around it before. Callie stated she was in the bam

just to the east of her house with a U-shaped drive. She houses rabbits in

this bam. She stated near her rabbit cages there are blue tarps and

00009; KH ca

under the tanps ts located several plants drying. She also stated there is a

blue tub that contains camoufiage bags with the same type of plant

material. Callie then stated that in the barn near this same bam was an

1 upper area she gained access to by dimbing a ladder. In this area she

located more of the same type of plants drying.

| asked Calihe if they had any marijuana in the housé. She stated they

always had marijuane in the drawer near the stove. She stated they kept

| it in a white case. She then spoke of a hidden room in th> basement area

: near the furnace room. She stated this room had bi-fold doors and then

remove items from in front of the panel and then go into the dim room.

She stated she had been in the room before when there were plants

growing. She is not aware if there are any plants in there at this time.

[ Wherefore affiant requests the Court to issue a search warrant directing the search for

and seizure of the above-described property. 1,4

ihe

| hereby affirm under penalties of perjury that the foregoing affidavit is true.

! 7? (nl

Bognse

State of Indiana )} In The Fulton a

) ss

County of Fulton ) Cause No 2301: MC-

SEARCH WARRANT

To Any Indiana Law Enforcement Officer ;

WHEREAS an affidavit has been filed with me that establishes probable cause, you are

therefore authorized and ordered, in the name of the State of Indiana, with any necessary

and proper assistance, to enter into or upon the following described property, to-wit

tnclwdhing Hy eset harcas aod oil sa thea lAing ( “

aad to there diligeatly search for the following described property:

: A 7 m

Ce Lc. Yrabaad.

You are further ordered to seize such property, or any part thereof, found on such search.

Dated this _\3 “day of OcAvksn, 20° 3 at [SE eC.

RETURN ON WARRANT ¥.

M. and seized the following tems

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b as) ac A bolder re bss lset at ales

| Black Bym Bec nf crise prep

am tom Beas <4 Dutt te Rea) Bese = black le tive

folkd => hike dowtlly- 2 Pash pT ha + Seales

pire fi foper Officer

Brekia Pipe

INCIDENT # 203649

CASE # 10-03-439

POSS OF MARIJUANA, C-FELONY/ :

BATTERY ON A LAW ENFORCEMENT OFFICER, D-FELONY

INTIMIDATION, D-FELONY

RESISTING LAW ENFORCEMENT, D-FELONY

AIDING, INDUCING, AND CAUSING ESCAPE, C-PELONY

POSSESSION OF SCHEDULE I1 W INTENT TO DEAL

ESCAPE

OFFENSE # 10-03-440 (CARL)

OFFENSE # 10-03-441 (CHARLA)

On October 13, 2003 at approximately 1:56 P.M. I obtained a

search warrant for the property of 2183 W 500 N, Rochester, In. in

Fulton County, including the house, barns, and all outbuildings.

The warrant allowed any law enforcement officer to search for

marijuana, paraphernalia, and other illegal drug contraband.

At approximately 2:35 P.M., Sheriff Roy Calvert, Sgt. Ed

Beaird, Deputy Kerry Brouyette, State Trooper Randy Shaver, Fulton

Deputy Marshal Jim Reason, Detective Reichard, and I arrived at the

residence.

Sheriff Calvert and I approached the door of the residence. As

we approached the door, Sgt. Beaird stated he had made contact with

someone on the west side of the residence. Sheriff Calvert and I

approached the female subject that I know as Charla Richard. I

advised her we had a search warrant for her residence and barns. |

supplied the search warrant to her and asked her to step inside to

conduct our business. Charla asked to make a copy of the search

warrant at which time I allowed her to photocopy the document. She

stated her children were asleep and asked if she could take them to

another place so that they would not wake up during the search

process. I told Charla she was free to leave the residence with the

children or she could let them sleep and we would not disturb them.

She chose to let them sleep. She roamed throughout the residence

with either Sheriff Calvert or I accompanying her. She requested to

change her clothes. I told. her she could change after we had

secured the bathroom for her to change in. She eventually changed

into different clothes. I finally asked her to stay in one spot in

the residence so we could safely search without attempting to

maintain contact with her. She made numerous phone calls while we

were conducting the search.

I conducted the search starting in the kitchen area. |!

systematically worked my way around the cabinets and drawers in the

kitchen. When 1 opened the top drawer to the right of the kitchen

sink 1 observed a white plastic container. I also observed a paper

plate and a quantity of green plant material in the drawer. |

removed the drawer from the cabinet and placed it on the table.

Photographs were taken of the drawer and its contents. 1 opened the

white plastic container and discovered smoking devices and green

plant material in the container. I secured the illega) concen Anno a

the drawer and placed them in an evidence bag. 1 continued t

Page 2

search the remainder of the kitchen area only to located a smoking

device under the kitchen sink. During the search of the kitchen

i; area | asked Charla if she was aware of anything in the house that

shouldn't be there. She stated it depends on what I was looking

r for. I stated to her I was looking for Marijuana, Cocaine, Crystal

Methamphetamine, or any other items related to drug use. She did

not respond specifically to that question.

I then searched the area south of the kitchen and the living

room area. No other items were found in these areas. I was then

summoned into the master bedroom. I photographed the top drawer of

a dresser that contained a plastic bag with green plant material in

| it and photographed the top of another dresser that had smoking

devices located on it. Sgt. Beaird and State Trooper Randy Shaver

finished searching the other bedrooms upstairs and requested me to

—-:

' assist the officer in the outbuildings. At this point I advised

j Sheriff Calvert that Charla was under arrest and should be

considered in custody. I advised her of her Miranda Rights at

approximately 3:00 P.M. She immediately requested to speak with her

{ attorney.

i I then went outside to assist the officers. Upon entering the

north side of the barn directly east of the garage I located a

' wooden box near some rabbit cages. I opened the box and discovered

i some large camouflage bags. I opened the bags and discovered a

green plant material in the bags. I advised the other officers of

' the discovery and asked that they photograph and secure the

evidence in Detective Reichard’'s van. I then went into the barn

nearest the road. Inside the barn was located numerous bales of hay

: and no items of contraband that I could find. I then went into the

smaller building located inside the actual cow lot. I went into the

' northwest corner door. I then climbed up into the loft area where

I located another camouflage bag, which contained a large amount of

green plant material. Also located in the loft were several stalks

i that had been stripped of the leaves and bundled together with

twine and a large plastic bag containing green plant materia).

There was a plastic sheeting covering the floor of the loft and

chairs located toward the middle of the loft. There was string

running perpendicular with the rafters. There was a large amount of

green plaint material wrapped up in plastic also located near the

west end of the loft. Near the chairs were scissors and twine. I

again notified the officers outside and requested them to

photograph and collect the evidence and place it in to Detective

Reichard’s van. I then went back into the residence and continued

to search. I went downstairs and started to search the rooms in the

basement. I started in the coom near the stairs and continued into

the bathroom. I exited the bathroom and went to the closet under

the stairs. I then entered the utility room that housed the

furnace 1 opened a set of bi-fold doors and went through items in

the closet. Upon searching these items, I located a wooden pane! on

the left end of the closet. It held three shelves that contained 4

few stems. I removed the items and then pulled on the shelf

brackets. This revealed a gray steel door. I opened the door he ,

emtered a dark room. This room contained some Cive-gallon buc

Page 3

that had dirt in them. I then located on the floor some green plant

material. I noticed this room had some type of vent pipes, running

water (tap), and electricity supplied to the room. The room had

concrete walls and only the wooden floor above. I photographed this

room and the contents. I collected the green plant material from

this room and placed it into an evidence bag.

Trooper Randy Shaver was searching the bedroom on the west end

of the basement when he summoned me to come to his location. Upon

entering the room I noticed, as did Trooper Shaver, numerous Jim

Morrison posters, pictures, and even a picture of his tombstone in

the room. Numerous computer parts were laying about the room.

: Trooper Shaver located a black gym bag in the closet of this room.

| Upon opening the gym bag he located numerous smaller containers

that contained several items related to the consumption of crystal

, methamphetamine. Inside the bag was a smaller bad that contained a

small plastic baggy that had a white powder substance inside. Also

located in the bag were letters addressed to “CHAR*, 2183 W 500 N,

Rochester, In. 46975. I photographed some of the items and placed

them back into the gym bag and secured the entire bag for evidence.

i At this time, Sheriff Calvert advised me that Carl had arrived

home. I went outside to speak with Carl, who was holding his one

’ year old daughter. I asked Carl if I could speak with him. He asked

i “What about?" I stated to him that I wanted to talk to him about

the marijuana located in the barn. He stated he had not been in the

: barn in a while. I then advised Carl he was being arrested and

advised him of his rights at approximately 3:45 P.M. I asked Carl

; what kind of arrangements he wanted to make for the care of his

children. He wanted me to ask Charla.

; Arrangements were made for the children to be picked up by

Tracy Pocock (Charla's sister-in-law and Rita Jenkins (Richard),

Carl's sister). I advised Carl] we had located what we believed was

: crystal methamphetamine in some of Charla's possessions. Car] began

" to speak about the people Charla had been having over while he was

working and that he has nothing to do with crystal methamphetamine.

Carl even stated at one point someone staying in the house had made

coffee for him and he believed she had put something in it because

he was tripping for two days. He stated he drarik three gallons of

beer a day to try to come down and that he did not sleep for that

period of time. He then stated he made that person ieave his

residence by threat of force. Carl spoke of the *freaks* that would

be there when he came home from work. Car] was obviously not happy

about the discovery of crystal methamphetamine in his home. Carl

stated Charla had told him that she quit using it. Car] asked when

1 could test the substance to verify it was crystal

methamphetamine. I told him I would conduct a field test to find

out. I told him if it did test for crysta] methamphetamine. he

would not be charged for it.

Sheriff Calvert then transported Car] to the Fulton County

Sheriff's Department

Being certified in Narcotic Identification Class by ODv, Inc.

I conducted a field test on the white substance located in G0 one

black gym back at approximately 4:00 P.™ The indication trem

Page 4

fseld test was positive for methamphetamine. With the amount of

small plastic-bag located in the gym bag I initjally called the

jail and advised them to charge Charla with the Svelowr, Dealing

Schedule I1 Controlled Substance under the possession with the

intent to deliver.

We left the residence at approximately 5:00 P.M.

I spoke to Detective Reichard about the evidence he had in his

van and requested him to meet me at the Rochester Police Department

evidence bay to transfer the evidence to there under my care. On my

way to the evidence bay I radioed to Fulton County Sheriff's

Department requesting to know if I needed to come to the jail to

fill out the remand sheets. Fulton County radioed back stating

things were taken care of on that matter. Detective Reichard and I

met at the bay at the same time and unloaded the items together. I

maintained custody of the items and Deputy Marshal Jim Reason

assisted me in logging and tagging the items of evidence. The items

were secured in the bay. —

Upon logging and tagging the items, I decided to catl the jail

to change the B-Felony charge to the D- Felony and let the

Prosecutor decide on the B-Pelony charge. At the time I called the

jail to change the charge, Al Graham, the jailer o duty, stated

Carl had bonded out already and that I had caught him just in time

for Charla. Al also stated Carl had bonded out on the 8-Felony

charge at the $40,000.00 bond. 1 asked him why he had done that. Al

stated that is what he was advised to charge him with. I advised Al

that was a mistake and that Carl was not te be charged with that.

Al stated it was already done and that Carl would be able to get

his money back from court.

On October 14, 2003, I spoke with Erica Baughman about the

children living in the residence at the time of the incident. I

told her I had spoken to the Prosecutor about the removal of the

children due to the manufacturing of illegal drugs on the property.

Erica stated she would speak with the staff attorney and let me

know. I went to Erica's office to speak with her about the

procedure. She stated she needed to fill out the paperwork and have

it signed by a judge in order to detain the children. She stated

she would do the paperwork and that we would have to go to

Kosciusko County Courthouse to locate Judge Morton to sign the

forms. Erica called when she completed the paperwork and we drove

to Warsaw to find Judge Morton.

Judge Morton examined the paperwork and signed the documents

to detain the children from Carl and Charla.

We returned to Fulton County and started to make arrangement

for the children to stay with family members. We met with Tracy

Pocock in the office of CPS and then went to the home of Carol

Pocock (the maternal grandmother to Charly Rae and Quentin

Nichols). Carol stated that Quentin's father (Wayne Nichols) had

come to get Quentin. We discussed with Tracy and Caro] the

temporary placement of Charly Rae with them. Once we had come to @

conclusion we Jeft the residence.

Erica and ! then needed to delivered the notice of detent ry

to Car] and Charla. We drove to 2183 W. 500 N. ny

“ae

Page §

‘On October 14, 2003 Erica Baughman and I went to 2183 W. S00

’ N. (Carl amd Charla Richard's residence) to deliver a notice of

; detention for the children living in the resi . Upon our

i. arrival, I advised Erica to wait in the car while 1 approached the

male subject located in a pickup truck in the driveway. The male

subject stated his name was Kevin and that he was looking for Carl

, also. As we approached the door, I motioned for Erica to stay in

the.car. Mo one answered the door so we started to walk away. I

decided to knock again. Charla answered the door and asked what we

: wanted now. I asked her if we could step inside out of the nasty

‘ weather.. She complied and let us come in. While inside we advised

. her of the detention notice. She started to become belligerent. I

| then advised her that I had a warrant of her arrest for arson and

that she was under arrest on that warrant. I! told her she would

have to come to the jail with ae. She then became more

| belligerent. At thie time, Carl came in the door carrying Carly

i Rae Richard (che couple's 1 year old daughter!) whom we had already

served the detention notice for.

7 Carl became verbally abusive to me and began to yell. Charla

advised him that she was under arrest for the warrant and that we

' were taking the children from them. He became physically abusive

, at this point and grabbed me by the coat and pushed me numerous

times into the closed door. When he was pushing me into the door

’ it caused pain in my beck and the back of my head. Carl raised his

fist numerous times as though he was going to hit me. At one point

! he hit me with his closed fist in the chest causing pain in that

; area for a period of time after the incident. Numerous times he

grabbed my coat and pushed me against the door it caused pain to ay

head and back. During this incident I was in fear of him causing

serious bodily injury to ayself and/or Erica Baughman. I attempted

to speak with Carl rationally about the situation in an effort to

diffuse his anger and give Erica and I an opportunity to exit =

situation safely. We began yelling at us to leave his house.

again advised him that Charla was under arrest for the warrant. m

grabbed me by the coat and pushed me toward the door. 1! was pushed

out the door and Carl stated to me to get

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