5 BY MR. ROSENBLATT: Your Honor. the State would. BY MR. SERMOS: Yes, sir. We'll agree to that. We will release him, too, Your

Transcription

1 Drect Examnaton - Manley BY MR. HARPER: Your Honor, we would ask that 2 Deputy Frank be fnally released from our subpoena. 3 BY THE COURT: He '11 be released from hs 4 subpoena. 5 BY MR. ROSENBLATT: Your Honor. the State would 6 call Major John Manley. All rght~ 7 8 BY MR. SERMOS: Yes, sr. We'll agree to that. BY MR. CLARK: We wll release hm, too, Your 9 Honor, because we had hm under subpoena also. 10 BY THE COURT' Rer11 be released also. Major 11 John Manley. 12 JOHN MANLEY, 13 havng been duly and legally sworn, answere~ 14 questo~s on hs oath as follows~ to-wt: ' ' 15 BY MR. ROSEN~LATT: May proceed, Your Honor? 16 BY 'fhe COUR'r: You may proceed. 17 DRECT EXAMNATON 18 BY ~lr. ROSENBLATT' Q. What 1 s your name and rank? 20 A. My name s Major John Manley. 2l Q. Wth whom are you employed? A. Adams County Sherff's offce. Q. n what capacty? A. 'm a supervsor wth the sherff's offce. 25 am n charge of crmnal nvestgatons. 26 Q. How long Qave you been dong that, Major 27 Manley? 28 A. rrve held ths ttle approxmately sx years 29 now. ', '

2 Drect Examnaton - Manley Q. You do more than a few nvestgatons? A. Many nvestgatons. 3 Q. Murder nvestgatons? 4 A. Yes, sr. 5 Q. Death.scenes? 6 A. Yes, sr Q. Major Manleyr 'm gong to drect your attenton 8 back to the last February, the evenng of February 21st. 9 beleve you were roused out that nght? 10 A. 11 Q. 12 A. Yes, sr. was. Would you tell the jury how that carne about. Yes, sr. receved a call from Deputy Buddy 13 Frank who advsed me of a stuaton at the Natchez 14 Communty Hosptal. Based on what he told me, went to 15 the hosptal, went to the emergency room. At that pont, 16 1 contacted Deputy Frank 1 and he was n the emergency room 17 area. observed a young sx-month-old chld that was n 18 the trauma room. The chld had been treated by Dr Patterson, Dr. Cadle, and also Dr. Dar. Q. Okay. And were you able to observe any njures on ths chld? A. Yes, sr. dd. (Mr. Sermos moves the easel wth Exhbt 1 for a better ~ew of the wtness.} Q. What dd you see~ Major Manley? A. observed that the baby had some bruses on 27 the forehead, some bruses on the leg area. observed 28 hat there was a clear lqud flud that was comng from 29 he nose. The baby was stll attached to stll had

3 Drect Examnaton - Manley 467 t 0 1 tubes runnng nto ts nose at ths tme. The daper had 2 been removed. The daper waa drty. t had feces nsde 3 the daper~ The -- 4 Q. Were they normal lookng feces? 5 A. No, t was not. BY MR. SBRMOS: Object, Your Honor. They have 7 medcal experts that can testfy to thngs lke that. BY THE COURT: 'll sustan as to the 9 concluson. wll allow hm to descrbe what he 10 saw, but 1 11 sustan as to hm gvng any 11 conclusons as to-that. 12 BY MR. ROSENBLATT' 13 Q. Thank you. Go ahead/ please. 14 A. Yes, sr. saw feces n the daper. Loose 1S feces. Lqudy. The legs were rased. 1 observed the 16 rectum. The rectum was dstended to a larger than normal 17 sze, and also observed what appeared to be a tear n lb the rectum. Q. Havng observed ths chld, Major Manley, n 20 your experence as an nvestgator, what dd you conclude 21 had happened to the baby? A. t's my concluson that the vctm been sexually assaulted. Q. When you saw Chloe Madson Brtt, beleve she 25 was dead at that tme? 26 A. YeS 1 sr. She was. 27 Q. What dd you do next n the cou~se of your 28 nvestgaton? 29 A. The coroner was called to the scene. notfed '

4 DreCt Examnaton - Manley Sherff Ferrell. We took photographs of the baby. We 2 retreved all tems that was n the trauma room at that 3 tme, and as a result of that, we -- had Jeffrey Havard 4 who was at the hosptal~ had hm transported to the 5 sherff 1 B offce pendng the outcome of the nvestgaton. 6 Q. What about Rebecca Brtt? What dd you do wth 7 her? 8 A. Rebecca Brtt was also taken to the sherff 1 s 9 offce for questonng. 10 Q. At that ntal stage, was also a suspect? 11 A. Not at that pont. 12 Q. What dd you do about -- well, let me back up to 13 Jeffrey Havard. What was your nvolvement wth hm at the 14 sherff 1 s staton? 15 A. Later on when arrved back at sherff 1 s 16 offce, we had mmedately taken hs clothng and took 17 them away from hm. And a later pont n tme 1 myself and Deputy Buddy Frank talked wth Mr. Havard. Q. Dd you do anythng precautonary pror to talkng wth hm? A. We advsed hm of hs rghts B 29 Q. Major Manley, am gong to show what's been dentfed as State's Exhbt 16 and ask you what that s. A. Ths s our standard nterrogaton advce of rghts form. Q. And at the bottom, what s that? A. Ths would be waver of rghts. Q. And who sgned the waver of rghts? A. Jeffrey K. Havard and t was wtnessed by

5 Drect Examnaton - ManleY myself and neputy Buddy Frank. '. 2 Q, What does t mean by sgnng a waver of rghts? 3 A. tt means that he's wllng to speak to us 4 freely and voluntarly, and that he dd not want a lawyer 5 at that tme. 6 Q. Dd he? 7 A. am sorry? a Q. Dd he? 9 A. No. 10 Q. Dd he speak to you? 11 A. am sorry. Yes, sr. 12 Q. What dd he say to you? 13 A. He gave us a verbal statement of what had 14 occurred that nght. 15 Q. And what dd he tell you had occurred? 16 A. Be told us that he had slept most of that day. 17 That he had gotten up late that day, thnk he told me 18 around fve or maybe sx that evenng. That Rebecca Brtt and the baby had arrved at home. He stated that at a 20 later tme, he gave Rebecca $40.00 to go to the Natchez 21 Market to buy some groceres. He stated that Rebecca left ~ the baby n hs care. The baby was n the swng n the /. lvng room, and that after Rebecca had left~ the baby had started cryng. He told me that he thought that maybe the 25 baby needed ~ daper change. He took the baby nto the 26 master bedroom; undd the daper, and saw the daper was 27 okay, and that t dd not need changng. Re stated that 28 whle he was dong that$ the baby had spt up. Had got 29 some vomt or whatever nto hs har, and at that pont, t! '

6 Drect Examnaton - Manley he gave the baby a bath, thnkng that would calm her.. 2 down.. He gave her a bath. He rubbed loton on her, and 3 he put another daper on her at whch pont he placed her 4 n her crb n her bedroom and went back nto the lvng 5 room area. He stated that at a later tme that Rebecca 6. Brtt had returned home. That Rebecca had forgotten to go 7 to the Blockbuster vdeo store to get some vdeos. He 8 gave her some more money. She left. Went to the 9 Blockbuster store, and at that tme, he went and he took 10 the lnen off the bed n the master bedroom and stated 11 that he was gong to wash t. After dong that, he went 12 nto the bathroom and at some pont n tme, Rebecca 13 Brtt arrved at the traler. She knocked on the door to 14 let hm know that she was there, and a short tme later, ) 15 he heard Rebecca scream, sayng that the baby was blue and 16 not breathng. He stated that Rebecca dd CPR on the 17 baby, and then they loaded the baby up nto the vehcle! l!., lb and took the baby to the Natchez Communty Hosptal. Q. Okay. am mssng somethng, Major Manley. When he talked to you, he ddn't say anythng about droppng the baby on the tolet? A. No, sr. He dd not. Q. He ddn't menton droppng her n any way whatsoever? A. No, sr. Q. He ddn't say anythng about causng any njury 27 to the baby, dd he? 28 A. No, sr. 29 Q. t was a mystery to hm what had happened to

7 Drect Examnaton - Manley the baby? A. He dd not know what h~d happened to the baby 3 and he couldn't understand why we had hm at the offce 4 talkng to hm. 5 Q. What course dd your nvestgaton take after 6 ntervewng Mr. Havard?. - 7 A. We got a consent to search form sgned by Mr. 8 Havard, gvng us consent to search hs resdence at 33 9 Montgomery Road. 10 Q. Who els~ occuped that moble home wth hm? 11 A. Rebecca Brtt. 12 Q. Major Manley, let me show you {Mr. Rosenblatt shows document to Mr. Sermos and Mr. ( 14 Clark.) 15 BY MR. ROSENBLATT: 16 Q. Let me show you a form and ask you to dentfy 17 ths for me, please, sr. 18 A. Ths s our standard per~sson to search form. Q. And who sgned that one? 20 A. Sgned by Rebecca Brtt. 21 Q. So n other words 1 you got all the occupants of the traler to sgn a consent to search? A. Yes, sr. dd. Q. All rght. 25 BY MR. ROSENBLATT' ask that ths be 26 ntroduced as an exhbt at ths tme. 27 BY THE COURT: Any objecton to that? 28 BY MR. SERMOS; Nor Your Honor. 29 BY THE COURT: The Court wll allow ths to be

8 Drect Examnaton - Manley ntroduced as Exhbt 18~ 2 DOCUMENT MARKED AS STATE'S EXHBT 18 3 BY MR. ROSENBLATT' 4 Q. Major Manley, havng gotten the consent to 5 search, what dd you all do? 6 A. Myself and Deputy Buddy Frank and Deputy Ray 7 Brown, "-'e went to 33 Montgomery Road and entered a traler S from the rear. 9 Q, am gong to show you what 1 s been marked as 10 Exhbt Number 3 and ask you what that e. 11 A. Ths. s 33 Montgomery Road. 12 Q. That's A. The traler occuped by Rebecca Brtt and 14 Jeffrey Havard Q. A. What tme of day were y'all dong ths? Ths was approxmately 3:00 a.m. f remember 1"/ correctly. ls Q. That 1 s the"moble home, but t was dark when y'all were dong ths? A. Yesr sr. t was dark and t was ranng. Q, am sorry? Say that agan. A, t was ranng that nght. Q. Cold, dark, and rany? A. Yes, sr. Q. Deputy Manley, let me show you what's been 26 marked a~ Exhbt Number 9 and ask you what that s? 27 A. Ths would be lvng room area of the traler. 28 Ths s the baby's swng here, and, of course 1 the char 29 n ths area here s the ktchen area. And ths area

9 Drect Examnaton - Manley 1 rght here s a bundle of clothng that we later took Q. Okay. And Where s that bundle of clothng? 3 A. Ths bundle of clothng -~ ths s the stove 4 rght here. Ths clothng s rght next to the stove. 5 Q. Okay. Now, Major Manleyr Mr. Sermos moved t 6 backward 1 but can you see that dagram of the moble home. 7 There's an orange dot on the edge of the ktchen area. 8 Does that A. 'm sorry. t 1 s a lttle bt far away for me. 10 {Mr. Rosenblatt moves Exhbt 1 closer up.) 11 A. Yes, sr. That would be the approxmate area 12 rght there. 13 Q. s that where you found the bundle of clothng? 14 A. Yes, sr. 15 Q. When you say bundle of clothng, what are we 16 talkng about? 17 A. Ths s the bed lnens that had been wrapped! 18 up. ~verythng had been wrapped up together and wadded up. 20 Q. Now, \1hen you say wrapped up and wadded upf what 21 do you mean, Major Manley? A. What r am referrng to, there's several tems that are nsde ths bundle rght here. They're all wrapped up n one bg sheet or comforter. don 1 t 25 remember exactly what that s. 26 Q. Now, when y'all went nto the traler, dd you 27 know ahead of tme what you were lookng for? A. Not at that tme. He had told us that he had 29 strpped the bed when the baby had spt up.

10 Drect Examnaton ~ Manley Q. Let me show you Exhbt Number 11 and ask you 2 what that ndcatesw 3 A. Ths s a towel that s nsde of a sheet 1 a 4 ftted bed sheet. 5 Q. s that typcal of what ytall found? Everythng 6 bundled up lke that. s that wllat you meant? 7 A. Yes, sr. 8 Q. n other words, all the bed lnens just rolled 9 up together sort of? 10 A. Yes, sr. 11 Q. Now, you called that a ftted sheet. 12 A. That 1 s what would call a ftted sheet~ 13 Q. Doea the ftted sheet have any dstngushng 14 characterstcs about t? 15 A. t has what appears to be -- t's what we call 16 sun and clouds dagram. 17 Q. Major Manley, let me show you Exhbt Numbe:r: and ask you to dentfy-- tts smla~ -- A.. 'l'hs would be another sheet wth the cloud and 20 sun on t. 21 Q. Be the top sheet? A. Yes, sr. Q. You don 1 t see the elastc around t? A. don 1 t see t n ths photograph. 25 Q. That 1 s that same pattern? 26 A. Yea, sr. 27 Q. What are these sheets made of; do you recall? '.; 28 mean, they're not slck. 29 A. thnk they may be cotton, but am not '.

11 Drect Examnaton - Manley postve of that. 2 Q. Okay. What dd you do wth all ths evdence 3 that you colleceed? 4 A. We collected t and we brought t back to the 5 sherff 1 s offce, and t was placed -- well, t was placed 6 n the bags and marked as exhbts to be sent to the state 7 crme lab. B Q. Now, just roughly1 Major Manley, how many peces 9 of evdence dd y'all shp up to the crme lab? 10 A. Roughly, 'd thnk t's twelve or thrteen 11 tems. 12 Q. So bascally you tested a lot of stuff? You 13 sent a lot of stuff up there? 14 A. Yes, sr. 15 {Mr. Rosenblatt shows tem to.mr. sermos and Mr. Clark.} 16 BY MR. ROSE~l3LATT~ 17 Q. J;fajor Manley, do you have any protectve ' 2 ~ ' 18 garments? A. Not on me 1 no. 20 Q. l am gong to hand you a bag and ask you to 21 dentfy that for me, please, sr. A. Ths bag s marked wth our case number t has my ntals on t, JAM. t 1 s marked bag number nne and exhbt number nne. At the top t says "ftted 25 sheet found n ktchen besde stove.~ t has whte hearts 26 and suns. 27 Q. Major Manley, would you fnd a photograph that 28 corresponds wth that physcal tem. j '. 29 A. Ths one.

12 Drect Examnaton - Manley Q. Ftted sheet? 2 A. 3 Q. Okay. The exhbt referrng to 'Exhbt Number 4 11? 5 A. Yes, sr~ 6 Q. Now, Major Manley, before you open that bag, let 7 me ask you. Dd that bag look exactly the way t dd when 8 you frst bagged t? 9 10 A. Q. Yes, sr. Dd you have that lttle computer stcke thng 11 on there? 12 A. No, sr. Ths was put on by the state crme :13 lab. 14 Q. So whatrs dfferent about that bag now than when 15 you frst bagged everythng? 16 A. t has a stcker appled to t wth th~ state 17 crme lab dentfcaton on t Q. And t also, see~ has some green tape at the bottom and has been resealed once. A. Yes, sr. Q. Whose green tape s that? A. That 1 s also from the state crme lab. Q. So ths tem would have been sent to the state crme lab for examnaton; s that correct? A. Yes~ sr. Q. And how would t have gotten back? A. We went and brought t back. 29 Q. And other than the state crme lab seal on 29 there~ the package s sealed n the way you remember

13 Drect Examnaton - f.lanley 1 puttng the tem n there? 2 A. 3 Q. Yes, sr. lf you would, f you would carefully open that 477 <-! l ;, 4 bag and examne the contents and see f t's what you,5 remember puttng n that bag. 6 (Wtness opens the bag.) 7 BY MR. ROSENBLATT' 8 Q. Major Hanley, let me just remnd you, f 9 could, that we are dealng wth possble bologcal 10 evdence. l1 A. Yes, sr. 12 BY THE WTNESS; Your Honor, may stand up? 13 BY THE COURT: Yes. You wll be allowed to 14 stand up. 15 A. Yes, sr. Ths would be the ftted sheet. 16 Q. Okay. Major Manley, was t whacked up lke 17 that when you subrntteq t? 18 A. No, sr. t was not. l9 Q. What's the sgnfcance of those holes cut out 20 there? 21 A. These are gong to be the samples that the ~ state crme lab cut out for DNA comparsons. Q. But that s the sun and clouds ftted sheet that you're referrng to? 25 A. Yes, sr. 26 Q. Same one that was found n the moble home that 27 evenng? 28 A. Yes~ sr. 29 Q. Would you repackage that ae best you.'jan, t

14 Drect Examnaton - Manley 1 please, sr. 478 ' l 2 (Wtness comples.) 3 BY MR. ROSENBLATT' 4 Q. That's fne. Major Manley} ths bag wth Case s Number?6725 on t and exhbt number nne and state crme 6 lab stcker, that's substantally n the same condton t 1 was when you sent t off and then later retreved t for S tests? 9 A. Yea, sr. 10 Q. And you have examned the contents of that bag? 11 A. Yes, sr. 12 Q. And except for the sample cut out, the contents 13 of that bag s what you remember puttng n that bag of 14 what you retreved from the moble home that nght? 15 A. Yes, sr. t s. 16 Q. The moble home where Chloe Madson Brtt spent 17 her last lvng moments? lb A. Yes, sr. BY MR. ROSENBLATT: Your Honor, at ths tme 20 move to ntroduce ths as an exhbt. 21 BY THE COURT:.Any objecton? \ 25 BY MR. SERMOS: Yes, Your Honor. We object to that. May state the objecton? BY THE COURT: Do what? BY MR. SERMOS: May state the objecton? 26 BY THE COUR,T ~ Yesr sr~ 27 BY MR. SERMOS: Your Honor~ as remember back 28 n chambers, we talked about the photograph, and 29 could understand certan relevance of that; but as

15 Drect Examnaton - Manley far as the actual tem tself, don't see what the 2 probatve value s of that snce that s -- 3 BY THE COURT: All rght~ The Court -- 4 BY MR. SERMOS: don't know what t establshes. 5 BY THB COURT: The Court s gong to drect 6 that t be marked for dentfcaton only at ths 1 tme as B for dentfcaton pendng further 8 testmony n ths case. 9 DOCUMENT MARKED FOR DE!NTFCATOO AS B 10 H BY MR. ROSENB~TT: Thank you, Your Honor. And we do certanly ntend to offer further testmony. Your Honor. at ths tme, we would now publsh Exhbt Number 11 whch s the pcture of the ftted sheet to the jury~ BY THE COURT: Exhbt 11. You wll be allowed to so publsh! ~ ~., < ~ (Mr. Rosenblatt passes Exhbt ll to the jury.} BY THE COURT~ Mr. Rosenblatt, let's do ths. thnk we 1 ll take a short recess now, t's gettng on up close to four, Ths s gong to be about a ten~mnute recess, Mrs. Angelethy. The wtness, you're welcome to step down, but the court s gong to be n recess for approxmately ten mnutes. (After a short recess, the followng was made of record, to-wt;} BY THE COURT: You may resume wth your drect examnaton of the wtness. ' BY MR. ROSENBLATT' BY MR. ROSENBLATT: 'fhank you, Your Honor.

16 Drect Examnaton - Manley Q. Major Manley, 'm now gong to show you another 2 bag marked bag number seven and ask you to dentfy that 3 for me~ please, ar. A. Once agan, ths has our case number on t. t 5 has my ntals on t. Has bag number seven, exhbt 6 number seven, and ths s the top sheet found n ktchen 7 at the stove 1 and also bears the seal from the state crme 8 lab and also the seal at the bottom from the state crme 9 lab. 10 Q. And ether. you personally or someone n your ~1 offce bagged that pece of evdence and transported t to,! 12 the crme lab and brought t back for us here today? 13 A. Yes, sr;. 14 Q. And that bag other than the crme lab ndcaton 15 on there s exactly the way t was when you bagged t? 16 A. Yes, sr. 17 Q. Now, f you would, open that bag and see f the 18 contents are what you remember them to be when you put them n there. 20 {Wtness opens bag.) 21 ft. Okay. Ths would be the top sheet wth the sun and moan -- clouds. Q. And notce t also has some cut outs n t? A. Yes, sr.!t does. 25 Q. All rght, sr. And what that -- dd you put 26 those n there? A. Q. A. No, sr. What do you expect those to have been made by? Those would have been made by personnel at the

17 Drect Examnaton - 1 state crme lab. Manley 4Bl 2 Q. Nowr Major Manley, 'm gong to ask you to 3 compare that to the photograph and ask you f that's the 4 same sheet we're talkng about there? A~ Yes, sr, t sw Q. That would be Exhbt Number 12 whch s the photograph of the sheet, and you are actually holdng the sheet before us now? A. Yes~ sr. 10 BY MR. ROSENBLATT: Your Honor, once ths sheet s repackaged, 'm gong to ask that ths tem be marked for dentfcaton purposes BY THE COURT: BY MR. CJ\-RK: BY MR. SERMOS : Yes, sr~ What 1 9 that number? Seven. 16 SY MR. ROSENBLATT: t doesn't have a number! l. < ~ ~ yet. BY MR. SERMOS: t was number seven the Major sad. BY MR. ROSENBLA.TT: 'm sorry. Excuse me. BY THE COURT: The Court wll allow ths to be marked as c for dentfcaton. DOCUMENT MARKED FOR DENTFCATON AS C BY MR. ROSENBLATT: May confrm the number wth the court reporter, Your Honor?.26 BY THE COURT: Do what? BY MR. ROSENJ3LAT'!': wth the court reporter? Confrm the exhbt tem 29 BY THE COURT: Yes 1 you may.

18 Drect Examnaton - Manley {Mr. Rosenblatt confrms the exhbt number wth the court 2 reporter.) 3 BY MR. ROSgNBLATT: Ths wll be dentfcaton 4 C, Your Honor? 5 6 BY THE COURT: That's correct. BY MR. ROSENBLATT: May proceed, Your Honor? 7 BY THE COURT: 8 BY MR. ROSENBLATT, Yes, you may. Q. Major Manley, 'm gong to show you three tems 10 as a group, and let you look at those, and as a group f 11 you would explan to the jury wth those tems are. 12 A. Yes, sr. Ths envelope here marked Exhbt 13 Number 18, t hears our case number. t's one purple top 14 tube drawn from Rebecca Brtt. t bears my ntals and } 15 as say, t's marked Exhbt Q. All rght, sr. A. And t also bears the label from the state crme lab and the stcker at the bottom that was appled by the state crme lab. Q.! am gong to ask that you leave those sealed, but just go through the other two and tell us what they are. A. One marked as Exhbt l6, ths s a sexual assault kt. t was taken from the defendant, Jeffrey ~ 25 Havard. t was drawn by Bran Rabb,. beleve, the name 26 s, from the Natchez Regonal Hosptal. 27 Q. okay. A. Ths was also submtted to the state crme lab~ Q. And the last?

19 Drect Examnaton - Manley 483 ~ A. 'l'ha once.agan s a sexual assault kt. t 1 s 2 got the name Chloe Brtt. Ths was taken by the state 3 medcal examner, and ths was also submtted to the state 4 crme lab. s Q. Now, Major Manley, explan to the jury what 1 s 6 the pont of havng the three blood samples from these 7 three ndvduals? 8 A. rtrs to compare wth any possble blood that we 9 had found at the cr~me scene. 10 Q. So n other words, compare and testng these 11 tems s of no value f you don't have anythng to compare 12 them to s that rght? 13 A. That's correct. 14 BY MR- ROSENBLATT: Your Honor. would ask: that 15 these tems be ~troduced as a composte exhbt at 16 ths tme. t " 17 BY THE COURT: All rght. s there objecton to 18 these? BY MR. SERMOS: We would ask them marked for 20 dentfcaton 1 Your Honor. 21 BY THE COURT: All rght. The Court wll so order at ths tme. The Court ~ll drect tpat the frst tem whch s the val of blood from Rebecca Brtt wll be marked as D for dentfcaton. Let the record show that the exhbts numbered that were just testfed to by the wtness are not the exhbt 27 numbers n ths case, but BY MR. ROSENBLATT: Thank you, Your Honor. 29 gy THE COURT: -- were n the nvestgaton. So

20 Drect Examnaton - Manley that wll be marked for D for dentfcaton. The 2 sexual assault kt of the defendantt one Jeffrey 3 Keth Havard, wll be marked as E for dentfcaton, ' ' 4 and then the sexual assault kt of the alleged S vctm~ll be marked as F for dentfcaton. 6 BY THE COURT: Thank you, Your Honor. 7 BLOOD SAMPLgs MARKED FOR DENTFCATON AS D, E, AND F 8 RESPECTVELY 9 BY MR. ROSENBLATT; May proceed, Your Honor? 10 BY MR. ROSENBLATT: 11 Q. Now~ Major Manley, because of the Court's 12 rulng, let me get a lttle more nformaton from you on 13 these tems that whch have now been marked for 14 dentfcaton as D, E, and F. Frst of all, Exhbt D. 15 That's actually your markngs and wrtng on that exhbt? A. Yes, sr. t s. Q. so you would have obtaned that sample. Your department would have obtaned that sample? A. Yes, sr. We dd. Q. Your department would have transported that sample to the crme lab? A. That s correct. Q. And then your department would have retreved that envelope that we have before us today. A. That's correct. Q. Okay. Now 1 t.hen on EXhbt Number E, that's a 27 sexual assault kt that your d.epartment drected to be 28 drawn from the defendant? 29 A. Yes, sr. Per court order.

21 Drect Examnaton ~ Manley 485 t 1 Q. Rght. And then your department oversaw the 2 takng of that sample? 3 A. Yes, sr. The defendant was taken to the 4 hosptal by Deputy Frank Smth, and he observed the test 5 beng drawn. 6 Q. So he was actually present? 7 A. Yes, sr. 8 Q. Someone from your department, and -your 9 department then transported that sample to the state crme 10 lab? 11 A. That's correct. 12 Q. And your department retreved that sample -from L3 the state crme- lab? l4 A. That's correct. 15 Q. Now, then wth Exhblt Number F, we have a 16 lttle dfferent stuaton n that your department ddn't 17 actually draw that sample, dd t? 18 A. No, sr. We dd not.!hs was drawn by the state medcal 'examner. 20 Q. That t'lould be Dr. Stephen Hayne. 21 A. That 1 s correct. Q. But your department dd retreve that sample from the state crme lab. A. That's correct. 25 Q. And your department has kept that sample n ts 26 custody? 27 A. Yes, sr.. ' 28 Q. Thank you. 29 (Mr. Rosenblatt and Mr. Harper confer.)

22 Drect Examnaton - ~anley BY MR.. ROSENBLATT; 2 Q. Major Manley, the suspect n the case that you 3 dealt wth on the nght of February 21st and subsequently 4 thereafter and obtan these samples$ do you see hm n the 5 courtroom here today? A. Q. A. Q. A. Yes, sr~ do. What:s hs name? Hs name s Jeffrey Keth Havard. Would you pont hm out to us~ please, sr. Yes, sr. Hets sttng at the end of the table 11 next to Robert Clark, hs attorney. 12 BY MR. ROSENBLATT: Would the record please l3 reflect that ths wtness has dentfed the ~4 defendant. BY THE COURT; Let the record so reflect. 16 BY MR. ROSENBLATT: 17 Q. n the course of your nvestgaton, dd you f! 3 18 have an opportunty to collect any personal data on Mr. Havard? 20 A. As far as date of brth and all, yes, sr. 21 dd. Q. Do you know how old he s? A. Yes, sr. He's twenty-three -- he was twenty-three years of age when we talked to hm+ 25 Q. And you got all that nformaton when you booked 26 hm n? A. Q. A. Yes, we dd. And how dd you get that nformaton? Through hm, and we also had other records

23 Cross-Exatrdnaton ~ Manley checked. 2 Q. o~y. And what's hs date of brth as far as 3 you know~ or do you have that? A. Hs date of brth s November 11th, BY MR. ROSEN.BLATT: Thank you, Major Manley. G tender the wtness, Your Honor. 7 BY TaB COURT: Cross-examnaton. 8 CROSS-EXAMNATON 10 Q. Major Manley, you 1 re essentally, other than the 11 sherff, yo\.t 're the chef offcer that was responsble for 12 ths nvestgaton; s that rght? 13 A. Yes, sr. ~ oversaw the nvestgaton. 14 Q. And on one of your reports you have got, stated 15 at the top of t says 1 'Crme scene report, captal murder 1 ' 16 and t talks about beng at the hosptal and everythng. 17 What actually do you consder n your parlance here the crme scene? A. Well, what consder to be a crme scene s that we frst got the report at the hosptal. observed the baby whch would have been a part of the crme scene, and then at a later pont n tme~ went to the resdence whch would also be consdered the crme scene. Q. All rght. 25 BY MR. SERMOS: One moment, please, Your Honor, 26 and let me get one thng. 27 BY THE COURT: Certanly. 28 {Mr. Sermos retreves document.}

24 Cross-Examnaton - Manley 1 Q. When you went to 33 Montgomery Road, you went 2 wth several other deputes; s that rght? 4B8 3 A. Yes, sr. dd. Q. Dd you walk n at the same tme the other 5 deputes dd? beleve t was Mr. Smth or Brown -- am 6 sorry -- was there also. Were you there when he was 7 there? 8 A. Yes, sr. We were all present there. 9 Q. When you went there and you left dd you secure 10 the scene wth any yellow tape or anythng? 11 A. No, sr. 12 Q. And why ddn't you do that? 13 A. Because at that pont, thought that was 14 through wth the crme scene. 15 Q. Okay. When you went there, you had already 16 talked to one or two of the doctors; s that rght? A. Q. A. Yes, sr. Had you talked to Dr. Patterson? Yes, sr. 1 dd. 20 Q. And had Dr. Patterson told you that she thought 2l from her professonal vew and opnon of seeng Chloe Brtt's rectum that t had looked lke t had been torn. Dd she tell you that? ~- Yes, sr. t appeared to be a tearw 25 Q. Dd she tell you t looked lke maybe some 26 blunt object dd that? 21 A..She told me somethng had been nserted. She 28 never mentoned anythng about a blunt object. : 29 Q. Okay. So somethng had been nserted whch

25 Cross-Examnaton - Manley ~B9 1 could De a lot of dfferent thngs, rght? 2 A. That 1 s correct. 3 Q. When you were at the moble home there and you 4 had those consent searches because Mr. Havard voluntarly 5 sgned the consent search and so dd Rebecca; en 1 t that 6 rght? 7 A. That's correct. a Q. When you went there, at any tme n your ~ nvestgaton when you looked around n that moble home~ 10 were you lookng for any knd of devce or object that 11 could have caused that wound to the baby? 12 A. That 1 s one of the thng looked for. Yes, sr. 13 Q. And we have all ths evdence here 1 but 14 don't -- haven't seen on any of the lsts that anythng 15 that was found. Was t dd you ever fnd anythng that 16 you thought mght have caused that? 17 lb 20 A. When 1 talked about somethng of that nature~ l am thnkng n terms of a sex toy s what am thnkng of. Nothng of nature was found. Q. Dd you ever -- dd yo~ ever look around for any.. 21 har brush handles? Thatrs a blunt object. Dd you ever look around for any of those? A. She never told me that t was a blunt object~ but Q. A. But an object then. We 1 ll say object. She sad somethng had bee~ nserted, but when (, she sad somethng had been nserted, n my mnd that 28 could be a pens. t could be dgtal. t could be a sex 29 toy.

26 Cross-Examnaton - Manley 4~0 1 Q. And as you ve stated earler, Jeffrey Havard was 2 taken to Natchez Regonal Medcal Center where a Dr. 3 Barrens and a Nurse Rabb dd a sexual assault kt on hm; 4 sn't that rght? 5 A. Yes, sr. He was taken for a sex~al assault 6 examnaton. 7 Q. Dd you ask Dr. Barrens what all he looked at B on Mr. Havard? 9 A. No, sr. never spoke to Dr. Barrens. 10 Q. Okay. As far as any other objects, there's no 11 objects n evdence? n other words, there's no mop 12 handles, broom handles, har brush handles. Nothng lke 13 that, s there? n evdence. 14 A. Not~ng lke that was taken n evdence. No, 15 sr. 16 Q. And nothng that was submtted to a crme lab 17 or anythng else to see f t had any tssue, blood, feces 18 or DNA of Chloe Brtt on t; sn t that rght. 20 A. You re talkng about a blunt object? Q. 'm talkng about any-knd of object. Nothng 21 that had any feces, blood, flud, or DNA from Ch~oe Brtt. You haven't had anythng lke that, do you? A. know we sent several tems to the state crme lab and they dd ther examnaton. know that there were some tems found that had all three samples Q. But those thngs are lke a sheet or somethng 27 lke that, but no objects, nothng that could have caused 28 that rectal tearng, rght? 29 A. dd not take any objects and send t to the

27 Cross-Examnaton - Manley crme lab and get a return on t. 2 Q. Thank you. 3 BY MR. SERMOS: May approach. Your Honor? 4 EY THE COURT r Yes, sr. 5 BY MR. SERMOS' 6 Q. Major Manley, these are the photographs that 7 got from -- apparently taken by you all n the bathroom. 8 Do you remember that or seeng that? 9 A. We have several photos. don 1 t remember ths 10 one n partcular, but l wouldnrt dspute you that ths s 11 one. 12 Q. Okay. All rght. And ths s another one rght 13 here. A. Yes, sr. 15 Q. All rght. Do you recall any of those at all? 16 A. Yes, sr. recall ths one specfcally. 17 Q. Thank you~ sr. <. ';.. 18 BY MR. SERMOS: Your Honor, could we have these marked for dentfcaton? 20 BY MR. HARPER: We have no objecton to them 21 beng ntroduced; Your Honor. BY THE COURT: Wll you be seekng to ntroduce them nto evdence? BY MR. SERMOS: beleve so, Your Honor. 25 BY THE COURT: Okay. Do you care to do that 26 now, or you'd rather wat about that? 27 BY MR. SERMOS: Not sr. 'll tell you. We 1 d 28 ask to go ahead and have them marked and ntroduced. 29 BY THE CO~T: There's no objecton by the '!!

28 ross-examnaton - Manley 1 State? 2 BY MR. HARPER~ No, sr. 3 BY THE COURT: Then the Court wll allow these 4 two photographs to be ntroduced as Exhbt and 5 Exhbt PHOTOGRAPHS MARKED AS DEFENDANT'S EXHBT and 20 7 Y MR. SERMOS,. 1'! l 8 Q. Mr - Manley, dd you o:r one of the deputes go 9 nto the bathroom n the moble home where the tub s and 10 ee f anybody even -- f you could fnd any sgns that 11 nybody had been gven a bath or taken a bath? 12 A. When we went nto the bathroom areat observed 13 he baby tub that waa leanng up aganst the wall. 14 bserved the shower, but ths was approxmately sx hours 15 fter the ncdent had occurred. So f anyone had taken a 16 hower~ t's my belef that whatever resdue had been left 17 auld have been dry by that tme. lb 20 21!Mr ~ Q. Okay. BY MR. SERMOS: One moment, please, Your Honor. Se:rmos and Mr. Harper confer.) BY MR. SERMOS; Your Honor, may approach agan? jY MR. BY THE COURT, Certanly. SBRMOS: Q. Major Manley, do you recall that beng - A. The bathtub. The baby bath. Yes, sr. Q. Was that standng there lke when your offcers 28 t ok the pcture of t? 29 A. Yes 1 sr.

29 ross-examnaton - Manley Q, And that 1 S what you remember seeng n there? 2 A. Yea, sr. 3 BY MR.. SE:RMOS: Your Honor, we would ask to have 4 ths mark~d for dentfcaton and ~dmtted nto 5 evdence. 6 BY THE COURT: All rght. s there any 7 objecton to ths photograph? 8 BY MR. HARPER: No, sr. 9 BY THE COURT: The Court wll allow that to be 10 ntroduced as Exhbt 21. 1l PHOTOGRAPH MARKED AB DEFENDANT' S EXHBT Y MR. SERMOS' 13 Q. Offcer Manley, when you were there and you all 14 ent through the house, of course, and you talked about ls 11 these sheets and everythng that were n a bag down at 16 he end of the hall.. and that was n one of the 17 hotographa that the dstrct attorney showed you. All hat stuff was stacked up there but t hadn 1 t been washed, ad t? A. No, sr. Q. So -- and beleve, of course, t wll come out ater that Mr. Havard told you that he had put that down her.e to wash t, though, ddn't he? A. That 1 s what he told us. He was gong to wash hose tems Q. But he hadn't washed t, had he? ll No, sr. He had not, Q, And he had gone to the hosptal voluntarly; 29 n't that rght?

30 ross-examnaton - Manley 1 A. To my understandng~ yes, sr. 2 Q. n other words, at hs own free wll? 3 A. Yes, sr. 4 Q. So when he left that moble home and he left t 5 ~locked also apparently; sn't that correct? 6 A. Yes 1 sr. He dd. 7 Q. And nobody made hm leave. He went of hs own 8 ree wll and left those clothes and those bags by the 9 jlachne ju'st lke you showed them, correct? 10 A. Correct. 11 Q. Now, as far as those thngs that you looked at 12 hat were on the ade of tub n there, those thngs were there when you got there. So s t far to say or 494 L r l4 auld you agree that all those thngs were on that tub 15 ust lke that when Jeffrey Havard went,-to the hosptal 16 th Rebecca to take the baby? 17 A. can only testfy, Mr. Sermos, that those t "terns were there when got there, Q. But t's certanly far to say that Mr. Havard 20 (buldn't have gotten back there to those tems, could he? A. That's co:urect. Q. As far as any sexual assault kts that were done let me ask you ths. am sorry. Dd you revew or bad any reports on any sexual assault kt that were done 25 cp the baby, Chloe Madson Brtt? 26 A. Yes, sr. saw a report from the crme lab n 27 r ference to that. 28 Q. Okay. And t.hat r~port stated from the crme lab 29 p rson that the crme lab dd not fnd on or n Chloe... '

31 . ~edrect Examnaton - Manley ~rtt any DNA or any resdue or specmen from Jeff Havard; 2 s that rght? 1! 3 A. t's my understandng no DNA was found. 4 BY MR. SERMOS: Your Honor, need to revew a 5 note. May have the Court's permsson to publsh 6 these or hand them to the jury so they can and pass 7 them around? B BY THE COURT: All rght. That wll be allowed.. 9 BY MR. SERMOS: These are just these three n 10 evdence, your Honor. 11 BY THE COURT: That wll be allowed. 12 Mr. Serrr~s passes exhbts to the jury.) 13 BY MR. SERMOS Okay, Your Honor, l have no 14 further questons of ths wtness. 15 BY THE COURT, Okay. 16 BY MR. SERMOS, wll 17 BY THE: COURT, Yes, sr.! ' <!!.. < ~ 0 ~ ~ BY MR. sermos, r am sorry, sr. would request that on a lot of the wtnesses we've release them, but would ask that we do not release Major Manley from hs subpoena. That he be on standby somewhere. BY TEE COURT: Let the record show that you do reserve that rght. BY MR. ROSENBLATT: have one or two -~ BY THE COURT~ certanly~ You'll be allowed - 27 redrect. J B MR. ROSENBLATT' REDRECT EXAMNATON

32 edrect Examnaton - Manley Q. Major Manley, Mr. Sermos asked you at length ut lookng for a blunt object, lookng for a blunt bject. Dd Dr. Patterson ever dentfy to you what the bject was that penetrated ths baby? A. No, sr~ She never made any ndcaton a~ to hat type of tem had been nserted nto the baby. She ever mentoned a blunt object. Q. lf Mr. Havard had used hs fngers, he rather ouldn't have left them at the moble home, would he? A. No 1 sr. Q. f Mr. ~avard had used hs pens, he wouldn 1 t ave left t at the moble home 1 would he? A. No, sr. 496 ' 14 l!y MR, ROSBl\lBLATT, Thank you. ' l! "' < ~ ~ ;' BY THE COURT: You may step down, but keep n mnd, you wll reman under subpoena and be avalable to the Court f called by the other sde. Wtness steps down.} BY THE COURT: All rght. Would counsel approach the bench. fter a bench conference about length of wtnessest the followng was made of record, to-wt:) BY THE COURT: All rght. Who does the State call as your next wtness? BY MR. HARPER: Deputy Frank Smthr Your Honor. FRJ\NK SMTH, havng been duly and legally sworn, answered questons on hs oath as follows, to-wt: 29 BY MR. HARPER: May proceed, Your Honor?

33 Drect Examnaton ~ Smth BY THE COURT: You may. 2 DRECT EXAMNATON 3 ~y MR HARPER, Q. A. Q. A. Q. A. Q. State your name, please, sr. Frank Smth. Deputy Smth, wth whom are you employed, sr? Adams County Sherff 1 s offce. n what capacty? As a deputy sherff. How long have you been workng wth the 11 herff's offce n that capacty? 12 A. Almost twelve years. 13 Q. 'd lke to drect your attenton, Deputy Smth, 14 o an nvestgaton nvolvng the murder of a chld, Chloe 15 adson Brtt, that was ntated on the evenng of 16 ebruary 21st, 2002, and ask frst of all, were you 17 nvolved n_the nvestgaton on that partcular day? A. Yes~ sr, was. Q. What, f anythng, dd you do on the 21st? A. Myself and Major Manley conducted an ntervew 21 th the defendant. Obtaned both a wrtten and a vdeo tatement from hm. Q. Was that on the 21st, the nght of the murder, r was that subsequent to that? [.. ) volvement? A. That was on the rd. Q. Were you nvolved at all on the 21st? A. Nothng pror to that day. Nof _sr Q. So on the rd s the frst tme you had any