Different people are going to be testifying. comes into this court is going to know. about this case. No one individual can come in and

Transcription

1 Different people are going to be testifying during this trial. Each person that testifies that comes into this court is going to know certain things about this case. No one individual can come in and tell you everything that you need to know though, because you're going to hear a series of folks. My job at this time, as is the defendant's attorneys opportunity, is to tell you what they think the evidence is going to be. Sometimes during the course of a trial things occur that change what evidence you may hear. So what I may say or what Mr. Woodall may say as far as what we expect the evidence to be, sometimes it's not always exactly that way. But this is the idea to give you an overview of what the case is about. Now you heard the charges. And the charges MR. WALDROP: My name is Byron Waldrop. are criminal solicitation to commit murder. There I'm an assistant district attorney. I represent the are two counts. And in each of those counts -- not State of Alabama in the presentation of the case to read the indictments to you, which is just the involving State of Alabama versus James Brian Phelps. means that we have of bringing a case and getting a Judge told you -- he used the term, I believe, case in front of a jury, alleges that the man seated "opening argument." And really, I'm not going to over here at the table, in the middle of the counsel argue the case to you. I'm going to tell you what I table, Mr. James Brian Phelps; he did solicit, he expect the evidence in the case to be during the requested, he commanded or importuned another person, course of the trial. he asked another person to engage in conduct that

2 0 would constitute the crime of murder in violation of the time that they were having problems and starting, a particular code section; and that he solicited this the marriage, to dissolve he was working as a federal other person to commit the crime of murder to murder air marshal and that his home base was in Chicago and a person who you will come to know as Chris Bailey. that he had been in Chicago for some period of time Now his name is Christopher Michael Bailey, and and that he had become friends with people there in during the course of this trial you'll hear that name Chicago and one of those individuals name is Ladar used, but he goes by the name of Chris Bailey. Jones. Now the second count alleges the same thing I think the evidence is going to be that except that it says he sought, asked, solicited the defendant talked with Mr. Jones as a friend, as another person to commit the crime of murder, and to someone who he knew; that they had rode to work murder Jaime Lynn Phelps, who, at the time, they were together; that he had worked flights together - married and in the process of getting a divorce. that's what an air marshal does -- and had talked to Now that's what the charge is, but what do I expect the evidence to be? Because that's just the him about the problems that were developing in his marriage. And that he discussed those things with charge. Ladies and gentlemen, think the evidence Mr. Jones, and that as he began to discuss those is going to be that these folks, and I'm talking things with Mr. Jones both in person and on the about Mr. and Mrs. Phelps, had been married about ten telephone -- I'll explain that in just a moment years and that problems developed, as problems Ladar Jones began to get concerned about what was sometimes do in a marriage, and that Jaime Phelps being said to him by the defendant. told the defendant that she wanted a divorce. expect the evidence to be that when Mrs. The evidence is going to be during the Phelps told her husband that "it's over, I want a course of the trial that the defendant had worked in divorce," he was in Chicago and he came home, came a number of law enforcement capacities for different back home and was here for some period of time. He law enforcement agencies: Guntersville, Arab, essentially went back to Chicago for a period of time Douglas, Cullman County Sheriff's Department. But at also.

3 I think that Mr. Jones is going to tell you But in those conversations he began to talk that he told, that the defendant told him that he was about: You know, I wish she'd disappear. I'd like going to get a job in law enforcement. He was going to see her picture on a milk carton, which caused to leave his air marshal job and come back to this concern. Then he asked Mr. Jones something. Ladar area and go to work for the Cullman County Sheriff's Jones is going to tell you that his background was in Department. Mr. Jones talked to him and said: No, law enforcement before he began to working for the what are you giving up your job for? You're giving U. S. Air Marshals, and he had worked in Chicago. up this job to go back and do that? And he'd worked the side of town where there was some During one of those conversations the pretty rough folks there. And that the defendant defendant asked Mr. Jones: Can I get a weapon from asked him: Do you think you could put -- do you know you? Can I buy a weapon from you, pistol? Which I somebody who might be able to help me with my problem? think Mr. Jones is going to tell you that that caused You worked that side of town. Do you think you might be some concern for him. Because if he was going to able to put me in touch with somebody? Think you might work for a law enforcement agency, what do you need be able to help me? And when that happens, Ladar Jones to be buying a weapon for? got concerned. He went to his supervisor and told his But after Mr. Phelps quit his job and left supervisor: Hey, I don't know whether we got a problem, he began to call Mr. Jones and ask: Listen, I'm in a but I think I need to tell you about this. tight for money. Would you I need some money. When his supervisor found out about it, Can you get me some money? Can you send me some what had happened and what was going on, they got in money? Mr. Jones, talking about that: Well, I'll touch with law enforcement. The FBI became involved. see. Where do you need it sent? When are you You're going to hear the name Agent Brenn Tallent's expecting to get your, I'm going to call it name mentioned. He is the agent assigned out of the retirement account back from the federal folks? When Gadsden office that works and is primarily do you expect to get that in? Are you going to be responsible for working Marshall County as an FBI able to pay me back? That sort of conversations. agent. Each of the agents have various counties that

4 they do, and Brenn Tallent has Marshall County. And between you and him, but I'll get your number to him that they thought perhaps we need to take a close if that's what you want me to do. Yeah. Yes. look at this. You're going to hear some telephone So Ladar Jones was given a recording device conversations, and quite honestly there's some to record some conversations that he had with the language in there that, profanity being used, and defendant. And I think during the course of this it's an FBI undercover agent, special agent. You're trial you're going to have recordings where you're going to hear from two of those individuals. One of going to hear Ladar Jones and the defendant talking. those is Alex Hill. Mr. Hill is going to tell you And you're going to hear things like: She just needs that he was the first undercover agent that talked to to corne up missing. I would like to see her on a the defendant in this case as far as an FBI milk carton. She's just vanished. I got a problem undercover agent posing as a hitman, and telling him that needs to be taken care of. that he understood that he needed this problem to be There are going to be, I believe, a number taken care of within a specific time period, within a of conversations that you will hear where Mr. Jones certain time period. And yeah, I think I can do it. and Mr. Phelps talked where you will hear Mr. Phelps Yeah. talk to him about getting somebody to help him with There's going to be another telephone his problem. conversation, and I think Agent Hill will tell you After the FBI was notified and they gave a that he had a death in his family personally that was recording device to Ladar Jones, after Mr. Jones - going to cause him to be out of town. And so you'll you'll hear Mr. Jones tell Mr. Phelps: Yeah, I found hear a telephone conversation where he calls the somebody. I found somebody that I think might be defendant and says: Listen, I'm on another job. I'm able to help you. He comes up with a kind of story working another job. Got another one to take care and uses the name, he goes by the name Crucifixer of. I'm not going to be able to finish it in time, because of what he does. And he's a bad fellow. And but I've got a buddy that can do the job, and he's a hey, I don't want no part of it after this. That's professional. He knows what he's doing. He's a

5 professional. I'll get him in touch with you. Okay. or recordings I should say, digital recordings, and You're going to hear from Special Agent that he was furious about that. But that he got Darryl Williams, FBI agent. He's going to tell you concerned because if his wife was the one who lost he took the case at that point acting as the her life, who the contract was out on and she was the undercover agent, as the undercover man, and acting one that was dead, that the focus might be too much as the hitman. on him, and therefore maybe we need to switch, or not And there are going to be several telephone maybe, but let's go with Chris. Let's get Chris. calls. You're going to hear dollars discussed. And you're going to hear some terms used in You're going to hear amounts. You're going to hear here that I think you will understand, but perhaps up-front money. You're going to hear: Are you sure they will be explained. You're going to hear about: you're ready to go with this? Is this really what Well, what if she should be there when Chris, when I you want to do? I'm serious about this now. Are you go to get Chris? Well, you know about collateral serious? You really want to go through with this? damage. Collateral damage. What about if the And in those conversations I think the evidence will children are there? No, no. They won't be there. be that, at some point, the focus of the solicitation You're going to hear him tell and give the shifted from primarily against his wife to Chris description of where Chris Bailey lived. You're Bailey. going to hear him describe the house. You're going Now the evidence is going to be, and I'll to hear and read, because you'll have a transcript of stand here and tell you Chris Bailey and Mrs. Phelps him telling: This is where to go. I got the money. were involved in a relationship. That was one of the I'm going to wire it to you. I'm going to get it to things that was driving the defendant's actions. His you. Are you readily to roll? Are you ready to go? wife was involved with another man. I think one of All the time the FBI undercover agent that was acting the things that you're going to hear that was driving this, you're going to hear that he got arrested and locked up. You're going to hear that on the tapes, as the hitman: You straight on this now? You straight on this? Straight as an arrow. Straight as an arrow on this.

6 You're going to hear that the FBI agent defendant -- you're going to hear the defendant came to Marshall County, came from Atlanta and was giving you reasons why he couldn't meet with the FBI here to meet the defendant, and the defendant didn't agent. He's going to tell you: I just got out of meet with him. The defendant simply told him what to jail. I've got somebody with me. I can't just come. do, where to go, the best way to get away and to talk I can't just meet with you. It will cause suspicion. about a snatch and grab, a snatch and grab. You're Yeah, I got the money. I'm good to go. I can't do going to hear that terminology. (Audible sound) and it. Go down here to Pier. First it was going to go. Where are you going to take him? Where's the be the Wal-Mart parking lot. You might stand out truck going to go to? How are you going to let me there. You may stand out there. Maybe Pier here know this is over? I'll call and tell you in Guntersville, it would be better. You'll fit in congratulations. That's what I'll do. It's over. I better there. The FBI agent was black. got some places at Mississippi I can take him, that Guntersville. You'll fit in better there. we can go. When he didn't meet with the defendant, the FBI agent, I believe, Darryl Williams will FBI agent had gone back to Atlanta. I think he's tell you that he stayed in this county and talked to going to tell you that there was a conversation the him several times on the phone. And when you listen next day as a result of the defendant trying to call to the conversation, you're going to hear somebody him. And in that conversation he said: Hey, man, that was involved in law enforcement, and somebody you know, what happened? Is this still a go? Are that's being very careful about what he says on the you still wanting me to do this? Yeah. Last night telephone when you listen to those. Somebody who is the kids wasn't there. That would have been no being cautious, but who wants the job done and that problem. This kids wasn't there. Yeah, I still want wants his wife, and who wants this man dead. you to go. Called to see if you might be ready to After the FBI agent left after not meeting roll. I'm going to send you and wire you the money with the defendant, telephone conversation where he the next day you will hear a says -- and the to Western Union. And I think the FBI agents are going to

7 0 tell you that at that point they decided that it was time to make an arrest. It was time to stop this. And they'll give you the reasons, and I'll let them tell you why. But I think maybe knowing the background of this man, of what he used to do and some of the statements that were made, you will understand why they decided to go ahead and make the arrest on this case. There's not going to be, and I do not expect there to be any evidence that the defendant, Mr. Phelps, handed the undercover hitman money. That didn't happen. Mr. Johnson talked to you about that. Certainly the undercover agent that was posing as a hitman didn't harm Chris Bailey or Jaime Phelps, no, there was no injury to either of those so individuals. But I think after you've heard all of the evidence you will be satisfied beyond any reasonable doubt that that defendant committed the offenses with which he's been charged. And I believe you will believe that the State has been able to prove each and every element of that offense. He did solicit, ask, try to get somebody else to commit the crime of murder. In this particular case, thank the Lord, it was an undercover FBI agent he was talking to. Thank you.