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auo_cja325_m5_a1_learning_resources.zipCase_04_CRS_054382_Crime_Laboratory_Report.doc
Crime Laboratory Report
From: Jan Turvey, Crime Lab Analyst, Toxicology Section, Drug Analysis
Item Number Your Item Number Item Description
Q-1 1 White, powder substance in clear, plastic bag
Requested Test:
Findings: The white, powder substance in the clear, plastic bag, Item Q-1, your Item #1, tested positive for Cocaine.
I certify these findings are accurate to the best of my knowledge.
Janice Turvey, Crime Lab Analyst
Case_04_CRS_054382_Evidence_Log.doc
EVIDENCE LOG 1
EVIDENCE LOG
Case Details:
Case Officer: ______________________________ Offense: Homicide/ Attempted Homicide
Classification: __Crime Against Persons Case Number: 04 CRS 054382
Victim(s): Raynard Jenkins (D), Bob Marshall
Defendant(s): Fred Smith, Bill Jones, and Roger Fish
Evidence Details:
Evidence # 01
Legal Authority: X_ Search Warrant __Consent __Other
Recovery Officer: _____Agent April Pearson________________________________
Date Recovered: ______September 13, 2004________________________________
Time Recovered: ______8:42 pm_________________________________________
Location Recovered: ____Living room floor of 200 South Railroad St_____________
Victim(s) Name(s): ___Raynard Jenkins (D), Bob, Marshall___________________________
Owner Name: ___Travis Marshall _________________________________________
Suspect: ___Fred Smith _________________________________________________
Property Classification: ____Potential Controlled Substance _______________
Description: Large, clear, plastic bag of 24 grams of white, powder substance
Evidence # 02
Legal Authority: _X_ Search Warrant __Consent __Other
Recovery Officer: __April Pearson________________________________________
Date Recovered: __September 13, 2004 ____________________________________
Time Recovered: __10:02 pm____________________________________________
Location Recovered: _Main entrance to home, Front porch floor of 200 Railroad Street, Blocktown, Any State
Victim(s) Name(s): __Raynard Jenkins _________________________________________
Owner Name: __Raynard Jenkins _________________________________________
Suspect: _Fred Smith____________________________________________________
Property Classification: __Blood Swab A-1___(Area A Bloodstain 1)
Description: ___Red stain tested positive with phenolphthalein, second swab taken for lab test.
Evidence # 03
Legal Authority: _X_ Search Warrant __Consent __Other
Recovery Officer: __April Pearson________________________________________
Date Recovered: __September 13, 2004 ____________________________________
Time Recovered: ___10:15 pm___________________________________________
Location Recovered: _Main entrance to home; Front porch door of 200 Railroad Street, Blocktown, Any State__
Victim(s) Name(s): __Raynard Jenkins _________________________________________
Owner Name: __Raynard Jenkins _________________________________________
Suspect: _Fred Smith____________________________________________________
Classification: __________Blood Swab B-1___(Area B Bloodstain 1)
Description: ___ Red stain tested positive with phenolphthalein, second swab taken for lab test.
Evidence # 04
Legal Authority: _X_ Search Warrant __Consent __Other
Recovery Officer: __April Pearson________________________________________
Date Recovered: __September 13, 2004 ____________________________________
Time Recovered: __9:22 pm_____________________________________________
Location Recovered: Victim, Medical Examiner, Autopsy________________________
Victim(s) Name(s): __Raynard Jenkins _________________________________________
Owner Name: __Raynard Jenkins _________________________________________
Suspect: _Fred Smith____________________________________________________
Property Classification: __Clothing_________________________________________
Description: ___Plain, white T-Shirt, Size, X-Large, brand Hanes
This evidence was recovered by: _April Pearson___________
Evidence # 05
Legal Authority: _X_ Search Warrant __Consent __Other
Recovery Officer: __April Pearson________________________________________
Date Recovered: __September 13, 2004 ____________________________________
Time Recovered: __9:37 pm_____________________________________________
Location Recovered: _ Victim, Medical Examiner, Autopsy________________________
Victim(s) Name(s): __Raynard Jenkins _________________________________________
Owner Name: __Raynard Jenkins _________________________________________
Suspect: _Fred Smith____________________________________________________
Property Classification: __Clothing_________________________________________
Description: __Fruit of Loom boxer shorts size Large blue and green plaid _______
Evidence # 06
Legal Authority: _X_ Search Warrant __Consent __Other
Recovery Officer: __April Pearson________________________________________
Date Recovered: __September 13, 2004 ____________________________________
Time Recovered: __9:13 pm_____________________________________________
Location Recovered: _Victim, Medical Examiner, Autopsy________________________
Victim(s) Name(s): __Raynard Jenkins _________________________________________
Owner Name: __Raynard Jenkins _________________________________________
Suspect: _Fred Smith____________________________________________________
Property Classification: __Clothing_________________________________________
Description: __Light blue colored, denim, button fly, Levi Jeans size 32 x 30________
Evidence # 07
Legal Authority: _X_ Search Warrant __Consent __Other
Recovery Officer: __April Pearson________________________________________
Date Recovered: __September 13, 2004 ____________________________________
Time Recovered: __9:17PM_______________________________________________
Location Recovered: Victim, Medical Examiner, Autopsy; Right Pocket of Jeans
Victim(s) Name(s): __Raynard Jenkins _________________________________________
Owner Name: __Raynard Jenkins _________________________________________
Suspect: _Fred Smith____________________________________________________
Property Classification: __USA Identification_________________________________
Description: Any State Photo ID # 2878648 information matching Jenkins
Evidence # 08
Legal Authority: _X_ Search Warrant __Consent __Other
Recovery Officer: ____April Pearson_____________________________
Date Recovered: _______September 14, 2004____________________________________
Time Recovered: ________9:03am______________________________________________
Location Recovered: ____Hobbs Road____________________
Victim(s) Name(s): ___Raynard Jenkins; Bob Marshall________________________
Owner Name: __Bill Jones_______________________________________________________
Suspect: ___Fred Smith_________________________________________________
Property Classification: ____Vehicle__________________________________________
Description: ____ Brown Ford Taurus Any State Tag #2KUL4U____
Evidence # 09
Legal Authority: _X_ Search Warrant __Consent __Other
Recovery Officer: ____April Pearson_____________________________
Date Recovered: _______September 14, 2004____________________________________
Time Recovered: ________9:25am______________________________________________
Location Recovered: ____Passenger side door, Brown Ford Taurus Any State Tag #2KUL4U
Victim(s) Name(s): ___Raynard Jenkins; Bob Marshall________________________
Owner Name: __Bill Jones_______________________________________________________
Suspect: ___Fred Smith_________________________________________________
Property Classification: ____Swab C-1 (Area C Bloodstain 1)________
Description: ____ Reddish-brown stain on passenger side door.
Evidence # 10
Legal Authority: _X_ Search Warrant __Consent __Other
Recovery Officer: ____April Pearson_____________________________
Date Recovered: _______September 14, 2004____________________________________
Time Recovered: ________9:56am______________________________________________
Location Recovered: ____Rear Floorboard, Brown Ford Taurus Any State Tag #2KUL4U________
Victim(s) Name(s): ___Raynard Jenkins; Bob Marshall________________________
Owner Name: __Bill Jones_______________________________________________________
Suspect: ___Fred Smith_________________________________________________
Property Classification: Firearm__________
Description: _________Make: Ruger, Model SP101, .357 Magnum Firearm
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Case_04_CRS_054382_Sketch.pdf
Case_04_CRS_054382_Witness_Statements.doc
Witnesses Statements Summaries
OCA: 054382
Victims: Raynard Jenkins and Bob Marshall
Defendants: Fred Smith, Bill Jones, and Roger Fish
Charge: First Degree Murder
________________________________________________
Reggie Bushwick
4413 South Elm Street
Anywhere, USA
455-505-0090
(Can only receive text)
Statement taken by Agent Pete Moss
OCA: 054382
On September 13, 2004 Agent Pete Moss interviewed Reggie Bushwick at approximately 2:22 pm was visiting his mother, who has liver cancer. Bushwick stated he just recently got out of rehab and wanted to come see his mother, because he hasn’t seen her in three months. Bushwick heard some gunshots and thought the television was turned up too loud, but the television was not on. He stated he mother listens to the television loud, because she is hard of hearing.
Bushwick looked outside and saw Marshall running scared. Marshal was being chased by a white male with dreads and a gun; looked like a “.38” He said a white male with dreads is an odd sight to him. “I knew something was popping off”. Bushwicked dialed 911 and saw the white male run back to a brown car and it drove off like a “bat out of hell.”
Bushwick stated he knew Marshall, because he use to buy his dope from him. He believes Marshall either owed the white male some money or he cheated him out of some dope.
Bushwick stated he did not have any additional information to add.
Casey O’Dell
58 Red Wood Forest
Apartment 8-F
Anywhere, USA
455-223-0090
Work: Sweet Pea’s Consignment Shop
2089 Ridge Street
Anywhere, USA
Statement taken by Agent Pete Moss
On September 13, 2004 Agent Pete Moss interviewed Casey O’Dell at Jackie Massey’s house, at approximately 3:17 pm. O’Dell stated she is house sitting for Massey while she is out of town. She was off of work today and decided to watch some television.
O’Dell stated she was watching the Maury Povich show and eating a cream filled doughnut when she heard some gun shots. O’Dell stated “That isn’t anything unusual in this neighborhood.” She stated, “There are all types of misbehaving going on out here.” She didn’t think anything about it until she heard two more gunshots that were real close. She got up from the couch and walked over to the window and looked outside. She heard the car door slam and a brown car speed off towards the corner store. She did not see who was driving, because the big oak tree was in here way. She has never seen that car before in the area, not that she can remember.
O’Dell stated he did not have any additional information to add.
Beatrice Conner
212 S. Railroad Street
Anywhere, USA
455-872-7882
Retired
Statement taken by Agent Pete Moss
On September 13, 2004 Agent Pete Moss interviewed Beatrice Conner at her home at approximately 4:22 pm. Conner stated she was coming from the grocery store and tried to park in her driveway, because there was a brown car blocking it. She had to stop for a white male, with “weird hair.” Conner stated it looked like his hair was matted together.
She asked the driver, a white male, to move his car in a nice way. He apologized and moved the car up the street in front of Jackie Massey’s house. Conner drove down the street to turn around to turn in her drive way. After she turned around, she heard several gunshots and the white male running across the street and get into the brown car and drove off.
She pulled into the driveway and took her groceries into the house. A short time later she heard a scream. Conner went outside and looked toward where she heard the scream and saw Ginger Sparks in the Jenkins’ doorway. Conner walked over to Sparks to see what was going on and saw Jenkins on the floor with blood all over the place. She ran back home and called 911 and told them that Jenkins was dead and a brown car race out of there with a two white males and one had “weird hair that was matted together.”
Conner stated that she has never seen that white male with “weird hair” before, but Jenkins had all types of people in and out of his house.
Conner stated he did not have any additional information to add.
Ginger Sparks
Streets of Blocktown
Unemployed
On September 13, 2004 Agent Pete Moss interviewed Ginger Sparks in the 300 block of Railroad Street on the sidewalk at approximately 5:30 pm.
Note: At the time of the interview Sparks had consumed several shots of Tequila.
Sparks stated she was fine to speak with Agent Moss even though she had a few drinks.
Sparks stated she went to Jenkins’ house to party. She knew he, Jenkins, always had something to party with. Agent Moss asked what she meant by partying with? She stated alcohol and or drugs specifically crack.
When she walking to Jenkins house she heard several gunshots, but nothing out of the ordinary for this part of town. When she was crossing the street at the store, she had to jump back on the sidewalk because a brown car almost hit her. She yelled several curse words at them as they drove away and continue towards Jenkins’ residence. When she walked up to Jenkins’ door she saw him shot laying in a pool of blood; dead.
She does not know who wanted to kill Jenkins. He had a heart of gold. Sparks stated the lady down the street came over and called 911. Sparks stated she ran down the street to Reggie Bushwick’s mother’s house and had several shot of Tequila to calm her nerves.
Sparks stated he did not have any additional information to add.
Discovery_Certification_Form.doc
Law Enforcement Officer (LEO) Discovery Certification Form
Defendant(s):__________________________________________________________________________________
Case Number(s):
(Example 06CRS05293 [06 is the year; CRS is Superior Criminal Court; then the case number)
____CRS____________ ____CRS____________ ____CRS____________
The undersigned law enforcement officer does hereby certify that he or she has complied with the provisions of A.S.G.S. Section 11.11a by delivering to the State all materials and information acquired in the course of the felony investigation(s) resulting in the charge(s) for the file number(s) listed above. I understand that this responsibility is a continuing affirmative duty. Pursuant this duty, I have delivered the following materials and information to the District Attorney’s Office for the Prosecutorial District 5:
Documents totaling____________pages. (Stamped by LEO? ____yes ____no)
Included in these documents are: ______photographs _____photograph contact sheets _____video tapes ______audio tapes _____CD with digital photos
Officer Name:_____________________ Officer Signature: _________________________Date:_________
Assistant District Attorney Discovery Certification
Defendant(s) Attorney is/are_____________________________________________________________________
The undersigned assistant district attorney does hereby certify that he or she has complied with the provisions of A.S.G.S. Section 11.11a, 11.11b, and 11.11c by delivering to the defendant or the defendant’s attorney the following materials and information:
Documents totaling________pages. (Stamped by LEO? ____yes____no)
Included in these documents are: ____photographs _____photograph contact sheets ____video tapes
____audio tapes _____CD with digital photos
This certification puts the listed counsel on notice that the prosecutor’s file is available for inspection upon request and that if any pages are missing from the listed discovery item numbers above the attorney should notify the District Attorney’s Office in writing within 5 days. Otherwise the material will be deemed received.
Pursuant to 11.11c, the undersigned assistant district attorney hereby gives notice that ex parte orders regarding the denial, restriction or deferral of discovery were entered on the following dates:
Discovery listed in this document provided by being:
Placed in Attorney’s Box in Clerk’s Office
Placed in the U.S. Mail
Hand delivered to Attorney
ADA Name: __________________________ADA Signature: _______________________________ Date: ______
Office of the District Attorney 5 Prosecutorial District Revised 3/18/2011 L.G.P.
Law_Enforcement_Case_Summary.doc
LAW ENFORCEMENT CASE SUMMARY
Defendant: _______________________________ Officer(s): ________________________________
Co-Defendant(s): _____________________________________________________________________
Offense Date: _________________________ Offense Location: ______________________________
Summary:____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
EVIDENCE
Statement: ( Written ( Oral Weapon: ( Gun ( Knife Other ____________
Confession: ( Yes ( No Tapes: ( 911 ( Audio ( Video
Photos: ( Victim Lab Reports: ( Drugs
( Defendant ( Fingerprints
· Scene ( DNA
· Other ________ ( Ballistics
Search: ( Warrant ( Consent Documents: ( Checks
Rape Kit: ( Yes ( No ( Victim Meds
Suspect Kit: ( Yes ( No ( Def. Meds
Drugs Seized: ______________________ ( Phone Records
__________________________________ ( Bank Records
__________________________________ ( Other ________________
Other Evidence: _____________________________________________________________________
Officer Recommendation: ______________________________________________________________
Law_Enforcement_Case_Summary_Instructions.doc
Law Enforcement Case Summary
Defendant
· Give defendant’s full name (first, middle and last)
· List the most culpable defendant as the defendant
Co-Defendants
· List all the co-defendants full names (first, middle and last)
· If no co-defendants, write “none”
Offenses
· List all offenses charged
· Do not have to repeat or list charges under each defendant
Offense Date/Time
· Yes, the judge really wants to know this information on occasion
· If child rape or sex offense, can list date range
Location
· Where in Anson County did this crime occur?
· If the crime did not occur in Anson County, you should not be charging it
· At least one element of the offense has to occur in Anson County
Investigating Officers
· List yourself
· List any other officer, SBI Agent, Trooper, etc. who assisted you or collected evidence
Case Summary
· Tell me why you stopped the defendant’s vehicle (reasonable articulable suspicion)
· Describe how the defendant looked and tell me what the defendant and any codefendants said before you placed them under arrest
· Tell me why you searched the defendant’s vehicle (probable cause, incident to arrest, inventory of vehicle, etc.)
· Tell me what gave you probable cause to obtain a search warrant and how you executed it
· Tell me what the defendant and co-defendants did during the execution of the search warrant
· Tell me about any warrantless searches
· Tell me what gave you probable cause to place the defendant under arrest
· Tell me any spontaneous statements made by the defendant
· Tell me whether you read the defendant his or her Miranda Rights after placing the defendant in custody
· Tell me whether the defendant waived Miranda Rights and what he or she told you after waiving rights
· Tell me what the victim told you
· Tell me what any eyewitnesses told you
· Tell me whether you conducted a photographic lineup or a show up
· Describe the crime scene to me
· Tell me about any relevant evidence you found at the crime scene
· Tell me whether you know the approximate amount of damages sustained by the victim
· Tell me anything you think is unusual about the case
· Tell me anything you saw or heard that may negate the defendant’s guilt
Revised 01/28/2009
List_of_Involvement.xlsx
Witness List
| List of Witnesses | |||||
| Last Name | First Name | Agency | Address | Home Phone | Cell Phone |
| Pearson | April | SBI | 800 Briar Road, Cliff, Any State | N/A | (505) 555-3355 |
List of Involvement
| List of Involvement | |||
| Name | Agency (If applicable) | How is this witness involved in the case | Date |
| L. G. Moore | RCSO | Received 911 Call; Dispatched Deputy R.W. Dunn to scene. | 9/13/00 |
| R.W. Dunn | RCSO | Dispatched to scene; pulled over and arrested Smith, Jones, and Fish. | 9/13/00 |
Evidence List
| Evidence List | |||||
| State's Evidence # | SBI Item # | Lab Item # | Item | Source - Where did it come from? | Chain of Custody |
| 1 | 1 | Q-1 | Potential Controlled Substance - Identified by Crime Lab (Q-1) as being Cocaine. | Found by Pearson on Living room floor of 200 South Railroad St in the crime scene. See sketch. | Special Agent April Pearson 9/13/04 to Lab Analyst Jan Turvey 9/12/2004 to Detective Mike Manson 4/9/2005 and is now stored in the BPD Vault |
| 2 | |||||
| 3 | |||||
| 4 | |||||
| 5 | |||||
| 6 | |||||
| 7 | |||||
| 8 | |||||
| 9 | |||||
| 10 |
1
2
3
4
5
6
A
B
List of Involvement
Name
Agency (If applicable)
L. G. Moore
RCSO
R.W. Dunn
RCSO
District_5_Felony_Discovery_Policy.doc
District 5 Felony Discovery Policy
Instructions for CJA325 LASA2 Discovery Policy:
1. Law Enforcement Officer (Student) will stamp ENTIRE ORIGINAL LEO FILE with Bates Stamp numbers. You do not need to purchase a Bates Stamp. You can use your computer.
2. Here’s how it works, each agency has its own set of numbers:
District Attorney’s (DA) Numbers 000001-009999
State Bureau of Investigation (SBI) Numbers 010000-019999
Roan County Sheriff’s Office (RCSO) Numbers 020000-029999
Blocktown Police Department (BPD) Numbers 030000-039999
3. If LEO/Student does not have Bates Stamp, LEO/Student should open each document in Microsoft word and create headers where a number can be inserted into the top, right hand corner of each page. For PDF Documents, please open in Adobe and insert Headers creating a page number in the top, right hand corner. Here is the link to the Adobe Tutorial
http://helpx.adobe.com/acrobat/using/add-headers-footers-pdfs.html
If you do not have either, please hand write the numbers neatly in blue or black ink, scan the entire document so the numbers can be seen into a .pdf file.
Discovery Certification : LEO/Student will fill out a LEO Discovery Certification Form, stamp or assign a number to it for the original LEO/Student file and make a copy for the DA. LEO will give the LEO Discovery Certification to DA as part of discovery when coming to meet with DA for cases going to Grand Jury. ( Hint : Use LEO Discovery Certification to keep track of what your last stamp number was in the event you get more documents while the case is pending.)
____________________________________________________________________________
***Not Required for CJA325 LASA2, but be aware of the following for Real-World Application:
4. For photos, DO NOT STAMP THE FRONT! Put a blank, self-adhesive label on back of photo. Bates Stamp the label. (Students do are not required to do this for CJA325 LASA2, but please be aware this is appropriate for real world work).
5. Once an item is stamped, DO NOT UNDER ANY CIRCUMSTANCES ADD ANY INFORMATION TO IT.
6. LEO will give DA TWO copies of entire LEO file FOR EACH DEFENDANT CHARGED. (i.e. 1 defendant = 2 copies, 2 defendants = 4 copies, 3 defendants = 6 copies, etc.)
7. DA will fill out ADA Discovery Certification, will deliver discovery and will serve a Request for Reciprocal Discovery on the defendant or the defendant’s attorney. (Serve by regular mail or personal service.)
Case Summary : LEO still fills out LEO Case Summary (Blue Sheet for DA). However LEO must now stamp LEO Case Summary, keep the original and give DA a copy.
Defendant with Several Charges from Different Officers within One Agency : LEO will stamp as usual, then give copies to DA. If the numbers stamped are identical, DA will note on each page which set of discovery belongs to each officer. (Stamp ‘em all; let the DA sort ‘em out.)
Discovery of Physical Items of Evidence
DA will contact LEO regarding defendant or attorney viewing items of physical evidence maintained by LEO or evidence custodian. When opening a bag or box containing an item of physical evidence, LEO must cut bag or box along a new seam. LEO must not cut existing evidence seal.
Confidential Informants : If a Confidential Informant was used to obtain information in the investigation of a felony, the LEO must give the DA written notice of that fact and must stamp that notice as part of the original LEO file. The written notice should not contain any identifying information but should merely state that a confidential informant was used to obtain information. (Example: A confidential informant was used to obtain information that served as a basis for obtaining a search warrant in this case. Example: A confidential informant was used to obtain information regarding defendant’s whereabouts that led to an arrest in this case.)
Office of the District Attorney Page 1 of 2
5th Prosecutorial District
Revised 3/11/2011 L.G.P.
