Pursuant to the parties agreement, the United States is concurrently filing the relevant 1

Certificate of Analysis to show the forensic analysis results on the drug items seized at the

residence.

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

UNITED STATES OF AMERICA, )

)

PLAINTIFF, )

)

v. ) CIVIL ACTION NO. 2:06cv736-WKW

)

SEVENTY FOUR THOUSAND SEVEN )

HUNDRED ($74,700) DOLLARS IN )

UNITED STATES CURRENCY, )

)

DEFENDANT. )

UNITED STATES OF AMERICA’S TRIAL BRIEF

The United States of America (United States), by and through

Leura G. Canary, United States Attorney for the Middle District of

Alabama, and John T. Harmon, Assistant United States Attorney,

hereby submits the following:

I. BACKGROUND.

The parties agreed to submit this matter for decision on

briefs, reports and the transcript of the suppression hearing

conducted on September 6, 2007. To that end, this is the

submission of the United States.1

II. BURDEN OF PROOF.

The government’s burden of proof in forfeiture cases is the

same as all civil cases: preponderance of the evidence. See 18

U.S.C. § 983(c)(1). The United States need not show a substantial

connection in drug proceeds cases such as this one. See 18 U.S.C.

Case 2:06-cv-00736-WKW-SRW Document 41 Filed 10/29/2007 Page 1 of 8
The burden shifted to the government upon passage of the Civil Asset Forfeiture Reform 2

Act of 2000 (CAFRA).

2

§ 983(c)(3). See also United States v. $21,000 in U.S. Postal

Money Orders, 295 F.Supp. 597, 601-02 (E.D. Mich. 2003).2

Under CAFRA, with respect to a property interest in existence

at the time the illegal conduct giving rise to forfeiture took

place, an “innocent owner” is an owner who did not know of the

illegal conduct giving rise to forfeiture or an owner who, upon

learning of this illegal conduct did all that could reasonable be

expected under the circumstances to terminate such illegal use.

See 18 U.S.C. § 983(d)(2)(A)(i) and (ii).

In this case, the burden of proof is upon the United States by

a preponderance of the evidence to show that the property at issue

is subject to forfeiture. See 18 U.S.C. § 983(c). However, the

claimant has the burden of establishing the innocent owner defense

should such a defense be asserted. See 18 U.S.C. § 983(d).

III. CITATION OF AUTHORITY.

A. Forfeiture of Defendant Cash.

That currency is substantially connected with an illegal

drug exchange may be established by either direct or circumstantial

evidence. Even without direct evidence, however, cash has

consistently been found forfeitable as exchange money or proceeds

when it is discovered in large amounts along with other indicia of

related illegal activity, such as drugs. United States v.

Case 2:06-cv-00736-WKW-SRW Document 41 Filed 10/29/2007 Page 2 of 8
3

$93,685.61 in United States Currency, 730 F.2d 571, 572 (9 Cir. th

1984) cert. denied sub nom., Willis v. United States, 469 U.S. 831

(1984). Circumstantial evidence of drug transactions is sufficient

to support the establishment of probable cause in a forfeiture

proceeding. Id., citing United States v. $364,960.00 in United

States Currency, 661 F.2d 319, 324-325 (5 Cir. 1981). The United th

States need not trace the money or property to specific

transactions. United States v. $41,305.00 in United States

Currency, 802 F.2d 1339, 1343 (11 Cir. 1986); United States v. th

Four Million, Two Hundred Fifty-Five Thousand, 762 F.2d 895 (11th

Cir. 1985); United States v. $242,484.00, 389 F.3d 1149, 1160 (11th

Cir. 2004)(en banc); see also United States v. One 1987 Mercedes

560 SE, 919 F.2d 327, 331 (5 Cir. 1990). th

To establish a case, the United States must only show that the

Defendant currency was probably derived from illegal drug

transactions. The United States may make such a showing by

introducing evidence of narcotics trafficking and income derived

therefrom. All that is required is that a court be able to look at

the aggregate of the facts and find reasonable ground that the

property probably was derived from drug transactions. See United

States v. Parcels of Land, 903 F.2d 36 (1 Cir. 1990), cert. st

Case 2:06-cv-00736-WKW-SRW Document 41 Filed 10/29/2007 Page 3 of 8
Many of these cases are discussing the establishment of the original “probable cause” 3

standard. Of course, the higher “preponderance” standard applies to the United States’ burden in

this case. However, these cases still establish the requirements to meet the United States’ burden

even at the higher level. See U.S. v. $22,991.00, More or Less, in U.S. Currency, 227 F.Supp.

2 1220, 1230 (S.D.Ala. 2002). The government is required to prove the same connection nd

between the defendant property and the offense that it was required to prove prior to the passage

of CAFRA.

4

denied, 111 S.Ct. 289 (1990). See also $41,305.00, 802 F.2d at

1343; Four Million, Two Hundred Fifty-Five Thousand, 762 F.2d at

904.3

B. Innocent Owner.

The claimant, should he assert this defense, has the

burden to establish this defense by a preponderance. See Part I.

above.

A claimant attempting to establish an innocent owner

defense must establish his financial transactions. United States

v. $41,305, 802 F.2d 1339, 1345 (11 Cir. 1986). th

The person who committed the offense cannot be an

innocent owner. United States v. Six Negotiable Checks, 207

F.Supp.2d 677 (E.D.Mich. 2002).

IV. CITATION TO THE RECORD.

A. George Jones resides at 5304 West Shades Valley Drive in

Montgomery, Alabama (the “residence”). See Motion to

Suppress filed by George E. Jones.

Case 2:06-cv-00736-WKW-SRW Document 41 Filed 10/29/2007 Page 4 of 8
5

B. Upon police officers’ approach to the residence, they

observed George Jones and Otis Jones in the yard. Upon

the officers’ approach George Jones fled. (Transcriptpages 8, 41, 56).

C. George Jones was pursued by police officers. He fled

into the backyard of the residence, jumped the fence and

ran to the next street. (Transcript-pages 8, 41, 43,

56).

D. While he was running, George Jones was attempting to take

an object out of his pants pocket. He eventually got the

object out of his pocket and threw it aside as he was

being taken into custody. The bag was recovered close to

where George Jones was taken into custody. (Transcriptpages 44, 45, 56, 57).

E. The object George Jones threw down was a plastic package

containing a white powder which appeared to be cocaine.

(Transcript-pages 45, 57, 58).

F. After being taken into custody, George Jones was taken

back to the residence. (Transcript-page 58).

G. Another officer took Otis Jones into custody. This

officer searched Otis Jones’ truck and recovered a

firearm and a quantity of powder cocaine. The truck was

in the yard at the residence. (Transcript-pages 8, 10,

11).

Case 2:06-cv-00736-WKW-SRW Document 41 Filed 10/29/2007 Page 5 of 8
6

H. During the search of the residence, wrappers and black

tape was found underneath the bed in George Jones’ room.

These items and the area smelled of raw cocaine and there

was powder residue on the wrappings. (Transcript-page

46).

I. The Defendant currency was found under a bed in the

residence. (Transcript-page 70).

J. During the search of the residence, a ziplock plastic bag

containing powder cocaine, partially compressed was found

underneath the bathroom sink in a cabinet. (Transcriptpage 76).

K. Officers received information respectively in 2005 and

2006 that illegal drug activity was occurring at the

residence and that there was a large amount of currency

at the residence. (Transcript-page 15).

L. Forensic tests upon the seized substances determined the

substances to be cocaine. See Exhibit 8, attached

herewith and submitted without objection per the parties

stipulation.

V. ARGUMENT.

There is strong evidence that George Jones was involved in

substantial drug crimes at the residence. He had cocaine on his

person, an individual visiting the residence had cocaine and a

weapon in his vehicle; drug wrappings with residue were found in

Case 2:06-cv-00736-WKW-SRW Document 41 Filed 10/29/2007 Page 6 of 8
7

the residence, a quantity of cocaine was found in the residence,

and a large amount of cash was found in the residence.

George Jones has introduced no evidence to overcome the strong

showing by the United States or to establish any defense to

forfeiture. Accordingly, the United States has shown, by a

preponderance of the evidence, that the Defendant currency is

subject to forfeiture. Likewise, George Jones has failed to

establish any defense, as is his burden.

The currency should be forfeited to the United States.

Respectfully submitted this 29 day of October, 2007. th

FOR THE UNITED STATES ATTORNEY

 LEURA G. CANARY

/s/John T. Harmon 

John T. Harmon

Assistant United States Attorney

Office of the United States Attorney

Middle District of Alabama

131 Clayton Street

Post Office Box 197

Montgomery, Alabama 36101-0197

Telephone:(334) 223-7280

Facsimile:(334) 223-7560

E-mail: John.Harmon@usdoj.gov

Case 2:06-cv-00736-WKW-SRW Document 41 Filed 10/29/2007 Page 7 of 8
8

CERTIFICATE OF SERVICE

I hereby certify that on October 29, 2007, I electronically

filed the foregoing with the Clerk of the Court using the CM/ECF

system which will send notification of such filing to the

following: Bruce Maddox.

/s/John T. Harmon 

John T. Harmon

Assistant United States Attorney

Case 2:06-cv-00736-WKW-SRW Document 41 Filed 10/29/2007 Page 8 of 8
ALABAMA 

DEPARTMENT OF FORENSIC SCENCES 

REGlOFUL UEU3RATW MblCA4. EXAnmNER 

P.O. 301( 2lt)BIS P 0. BOX 240591 

MONTGOHEPV. AL 38~214516 MONT~RY. M SI~+U~~I 

(W) 242-2%38 (331) 24-rn 

CERTIFICATE OF ANALYSIS 

CASE NUMBEfC QsMGQ1694 

SJSPEC?(S]: GEORGE JONES 

SUBMRTING CIGENCY CASE NUMBER: 

Race Sex Date of Blrth 

a M ogrw~gn 

Status 

Adult 

SERVICE REQUEED: Drug Analysis I 

CHA~ OF cuarnny! 

DATE 7lWE 

~ctective S. 7. Wright from Monigame?y Poke Deparfmmt 0410412006 1430 

Michael L. Hitchme4 WW2006 1433 

Brandrnika Ritter 04174RO56 1349 

UFSSCRUPTION OFEVIDENCE: 

7. One manila enrelope containing 

3A. One manila envekpe conteining 

1Al. One plastic bag containing 

?Ala. One plastic bag containing powder material . .. +-+. --. - 

tAlb. One plastic bag containing powder ma!el.iaf 

1AZ. One plastic bag cmtalhing powder material 

1B. Two manila envelopes each cnntaininq drug evidence 

RESULTS OF ANALYSES: DATE@) OP ANALYSES; b4HSfZOW 

'1A fa. No analyses were performed. 

I AI b. Lahrato~y analyses of the powder material revealed the presence of cosalne hydmhkrtde [a CI1 sonlmlled s~kfance]. Weight in grams - 71 66 No analyses were prfmd on Vie pent 

material. 

1M. No analyses were performed. d 

8 

Rfi RSCLWB Accredited Laboratory sinc~ October 2003 

Page 1 of 2 

Case 2:06-cv-00736-WKW-SRW Document 41-2 Filed 10/29/2007 Page 1 of 2
18. No analyses were performed. 

Sworn to and submibed b me this thc ahwoJ+?c 20Ob~me~~m 

Brandinita Ritter 

Forensic Scientist 

Anabst 

Case 2:06-cv-00736-WKW-SRW Document 41-2 Filed 10/29/2007 Page 2 of 2
IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

UNITED STATES OF AMERICA, 

Plaintiff, 

VS . CASE NO.: 2:06cv736-WKW 

$74,700 IN UNITED STATES CURRENCY, 

Defendant. 

MOT ION HEARING 

BEFORE THE HONORABLE W. KEITH WATKINS, 

UNITED STATES DISTRICT JUDGE, at Montgomery, Alabama, on 

September 6, 2007, commencing at 1:50 p.m. 

APPEARANCES: 

FOR THE PLAINTIFF: Mr. john T. Harmon 

Assistant United States Attorney 

OFFICE OF THE UNITED STATES ATTORNEY 

131 Clayton Street 

Montgomery, Alabama 

FOR THE DEFENDANT: Mr. Bruce Maddox 

Attorney at Law 

6728 Taylor Court 

Montgomery, Alabama 

Proceedings reported stenoqraphlcally; 

transcript produced by computer. 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 1 of 45
EXAMINATION INDEX 

DIRECTBYMR . HARMON ........... 5 

CROSS BY MR . MADDOX ........... 11 

REDIRECT BY ME . HARMON .......... 29 

REDIRECT BY MR . HARMON .......... 36 

RECROSS BY MR . MADDOX ........... 36 

REDIRECT BY MR . HARMON .......... 38 

DIRECT BYMR . HARMON ........... 39 

CROSS BY MR . MADDOX ............ 47 

DIRECTBYMR . HARMON ........... 53 

CROSS BY MR . mDDOX ............ 59 

REDIRECT BY MR . HARMON .......... 64 

RECROSS BY MR . MADDOX - ........... 64 

DIRECT BY MR . HARMON ........... 68 

CROSS BY MR . MADDOX ............ 72 

KRISTEN BENTLEY 

DIRECT BY MR . HARMON ............ 75 

CROSS BY MR . MADDOX ............ 77 

SCOTTEDWARDS 

DIRECTBYMR . HARMON ........... 83 

CROSS BY MR . MADDOX ............ 85 

PATRICIA STARKIE. RDR. CRR. OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT. M~DDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET. MONTGOMERY. AL 361 04 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 2 of 45
(The following proceedings were heard before the Honorable 

W. Keith Watkins, United States District Judge, at Montgomery, 

Alabama, on September 6, 2007, commencing at 2:00 p.m.:) 

(Call to order of the Court) 

THE COURT: Good afternoon. Let's take appearances, 

please, sir. 

MR. HARMON: John Harmon, Your Honor, for the United 

States. 

THE COURT: Good afternoon. 

MR. MADDOX: Bruce Maddox, Your Honor, for the 

claimant. 

THE COURT: Good afternoon. And introduce me to your 

client, please, sir. 

MR. MADDOX: Your Honor, this is George Jones. 

THE COURT: Good afternoon, Mr. Jones. 

THE WITNESS: How you doing. 

THE COURT: All right. Okay. We're here for a couple 

of matters. I think we'll probably take the pretrial matters 

last; see how much of the case gets tried today. 

Before we begin with your first. witness, arE there any 

motions that I need to take up or any procedural things? 

MR. MADDOX: Judge, the only procedural thing I would 

offer the Court is a lapse in process cf my office. We had 

booked on our calendar this hearing for Monday, and I didn't 

realize it had been moved up, and I made an error not getting my 

PATRICIA STARK1 E. RDR, CRR, OFFICIAL COURT REPORTER 

U .S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 I04 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 3 of 45
:ontentions to the government in time for the pretrial. 

THE COURT: 1'11 give you until Monday to get them. 

MR. MADDOX: Thank you. Well, they're very brief; two 

jentences. 

THE COURT: All right. I'm golng to invoke the rule. 

inyone that's going to testify other than the plaintiff, of 

:ourset or the government's representative would need to leave 

:he courtroom, if you-all would take care of that. 

MR. HARMON: Yes, Your Honor. The United States would 

isk that we have a government representative -- that would be 

letective Scott Edwards -- sit as the government's 

representative. If Your Honor will excuse me for a second, I'll 

go get Detective Edwards. 

THE COURT: Are you ready for the first witness? 

MR. MADDOX: Yes, sir. 

MR. HARMON: Yes, sir. 

THE COURT: Okay. Let's go ahead and start. 

VANESSA DAVIS WRIGHT, the witness, having been duly sworn, 

testified as follows: 

THE COURT: Good afternoon. If you would, sit close up 

to that mlke so we can all hear you. And would you introduce 

uhc's at the table? 

MR. HARMON: Yes, sir. This is Detective Scott 

Edwards, Your Honor. 

THE COURT: Hi, Detective Edwards. 

PATRlClA STARKIE, RDR, CRR, OFFlClAL COURT REPORTER 

U.S. DISTRICT COURT. MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 4 of 45
MR. EDWARDS: How you doing, Your Honor. 

THE COURT: Go ahead. You may proceed. 

DIRECT EXAMINATION 

BY MR. HARMON: 

Q. Would you state your name, please, ma'am, and spell your 

first and last name. 

A. Vanessa Davis Wrlght. The spelling of my first name is 

V-A-N-E-S-S-A. The last name is spelled W-R-T-G-W-T. 

Q. And where do you work? 

A. With the Montgomery Police Department. 

Q. And what is your title there? 

A. Sergeant. 

Q. How long have you been so employed? 

A. Fourteen years. 

Q. Sergeant Wright, I'm going to direct your attention to March 

31st of last year -- that would be 2006 -- and ask if you were 

surveilling a property, a piece of real estate, i should say, in 

Montgomery, Alabama. 

A. Yes. 

Q. And what street was that on? 

A. It was on West Shades Valley. 

Q. I'm sorry? 

A. West Shades Valley. 

Q. Yes, ma'am. And for what purpose were you surveilling that 

property? 

- 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREFT. MONTGOMERY, AL 36 I04 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 5 of 45
A. For the purpose of a continuing investigation. We were 

attempting to get a full report, a document search warrant for 

that residence, so we were watching activity going in and out of 

the house. 

MR. EARMON: Your Honor, if I might at this time, I 

have two exhibits. I think it's -- well, one exhibit is Exhibit 

Number 6. This is a copy of the document search warrant, and I 

would ask it be admitted into evidence at this time. 

MR. MADDOX: Is it the search warrant and the 

affidavit? 

MR. HARMON: It's the search warrant, Your Honor, with 

the affidavit. Yes. 

MR. MADDOX: No objection, Your Honor. 

THE COURT: All right. It wi.11 be admitted over no 

objection. 

Q. During the course of your surveillance of that Shades Valley 

property, did you see anything occurring thert? 

A. Yes. I initially observed a female leave the residence. 

Gnce she left the residence, I alerted the officers who were 

assisting with the surveillance so we could do a traffic stop an 

that vehicle and identify who the female was. I also observed a 

pickup truck. A male subject drove into the driveway of the 

residence and got out and went inside the residence. 

Q. Did you have any -- Let me ask you this: Where were you 

physically located in relation to the Shades Valley property'? 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U .S. DISTRICT COURT. MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH ST RE^, MONTGOMERY, AL 36 I04 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 6 of 45
A. I say approximately 50 miies away, across the street. 

Q. Miles? 

A. I'm sorry. Yards. 

Q. And were you in a vehicle? 

A. Yes. 

Q. Was it an unmarked vehicle? 

A. Yes. 

Q. Did you have any -- were there any other police officers or 

agents assisting you in that vehicle with the surveillance? 

A. With the surveillance of the house, no, but they were in the 

area. 

3. That was my next question. Were there other agents and 

officers within the area of the Shades Valley property? 

A. Yes. 

Q. At some point did you become aware that the document search 

warrant had been issued by the court? 

A. Yes. 

Q. And what action did you take at that time? 

A. At that time, I alerted all the other officers that the 

warrant was signed and was approved, and we can go ahead and 

approach the house and make contact with the occupants inside. 

Q. And what did ycu do next? 

A. I pulled up to the front of the house along with Lieutenant 

Crockett and Sergeant Wright. They pulled up around the same 

time that I did. 

PATRICIA STARKIE. RDR, CRR, QFFlClAL COURT REPORTER 

U.S. DISTR!CT COURT. MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 1 04 334-262-1 22 I 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 7 of 45
THE COURT: Who was the other besides Lieutenant 

Crocket t? 

THE WITNESS: Corporal Wright. 

Q. Go ahead. And make sure that everyone understands. 

Mr. Crockett and Mr. Wright wers in another vehicle, not in your 

vehicle? 

A. That's correct. 

2. Okay. And what happened -- what did you do next? 

A. As I was approaching the residence, Jones and -- George 

Jones and Otis Jones were in the front yard. As we were 

approaching the residence, I went towards the pickup truck. 1 

was on the driver's side of the pickup truck. At that time, 

Jcncs started running, and Lieutenant Crockett and Corporal 

Wright gave chase. Then I made contact wlth Otis Jones and just 

went on ahead and took him into custody for my safety. 

THE COURT: You said Jones began to run. Was it George 

Jones who began to run? 

THE WITNESS: Yes. 

3. And the George Zones that you saw running, do you sea him in 

the courtroom today? 

A. Yes. 

2. Would you indicate to the Court where Mr. Jones is seated. 

A. That gentleman right there (indicating). 

MR. EARMON: And would the record rcflect that the 

witness has identified the claimant, George Jones, at counsel 

PATRlClA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DIST'RICT COURT. MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY. AL 36 104 334-262-1 22 I 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 8 of 45
table. 

Did you see the -- you said at that poi-nt, you initiated 

contact with an occupant of the Shades Valley residence? 

A. Yes, the two individuals that were in the yard. And once 

other officers approached the residence, then I went to the side 

door and made sure -- or attempted to make sure that nobody else 

was in the house. I announced my presence, and at that. time a 

female voice was heard, and I intructed her to come up to the 

front of the h~use. 

Q. Did you later identify who this female voice -- who the 

person was that was speaking to you? 

A. Yes. 

Q. And who was that? 

A. Jacqueline Jones. 

Q. And do you know if there's any relationship between 

Ms. Jones and George Jones? 

A. That's his mother. 

Q. And what happened after your initial contact with 

Mrs. Jones? 

A. Once we got her secured, the other officers that arrived on 

the scene d~d a search of the residence for any additional 

subjects inside the house. And it was at that time a large 

quantity of currency was located up under the third bedroom -- 

up under the bed of the third bedroom. 

Q. At some point, were other Items besides the currency 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT. MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH ST RE^, MONTGOMERY, AL 36 1 04 334-262-1 22 I 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 9 of 45
observed during the course of the execution of the document 

search warrant? 

A. When Corporal Wright gave chase of George Jones, he did 

discard a quantity of powder cocaine from his pccket. As he was 

running, he tossed it. But inside the house, I can't recall 

anything belng observed when we entered. 

Q. Was a second and subsequent search warrant obtained to your 

knowledge? 

A. Yes. 

MR. HARMON: Your Honor, at this time, United States 

would ask that the Court enter the evidence, document number 

6 -- excuse me -- document number 7, which is a copy of what's 

been noted as the drug search warrant. 

THE COURT: Any objection? 

MR. MADDOX: No objection, Your Honor. 

THE COURT: It's admitted over no objection. 

MR. HARMON: Thank you, Your Honor. 

Q. And what areas -- 

Let me back up and ask you this. What areas did you search 

during the course of execution of these two warrants? 

A. I ended up going back outside in the front yard, and I began 

a search of the pickup truck. 

Q. And do you know whose truck that was? 

A. Otis Jones. 

Q. And did you recover anything from Otis Jones' truck? 

PATRICIA STARK1 E. RDR, CRR. OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREIT, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 10 of 45
A. I recovered a 9 millimeter Glock and a quantity of powder 

cocaine. 

Q. NOW, after you had found these two items in Otis Jones' 

truck, did you have occasion to talk to Mrs. Jones again? 

A. Yes, 

Q. And what did she tell you at that time? 

A. At that time, she wasn't aware of the large amal~nt of 

currency that we found inside the house. She stated that she 

was not aware that it was there; and if she was aware that it 

was there, she would have gotten some repairs done to her 

house. She began pointing out some things that needed repairs 

inside of her house. 

Q. Thank you, ma'am. Will lVou answer Mr. Maddox's questions, 

please. 

THE COURT: Mr. Maddox? 

MR. .WDDOX: Thank you, Your Honor. 

CROSS EXAMTNATION 

BY MR. MADDOX: 

Q. It's Sergeant Wright? 

A. Yes. 

Q. Sergeant Wright, good a£ ternoon. 

You were in charge of the pera at ion at that home on West 

Shades Valley, weren't you? 

Q. Okay. And you had doing surveillance with ynu how many 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT. MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 11 of 45
other officers in addition to yourself? 

A. You want the approximate number? 

Q. Well, I'd like the exact number, if I could get it. 

A. It's goinq to be approximate, because 1 can't recall how 

many SWAT members were out there with us. I know it was myself, 

Lieutenant Crockett, Corporal Bentley, Corporal Wright, and 

approximately four SWAT members, five SWAT members, so I would 

say nine of us out there initially. 

Q. All right. Now, one of those -- I'm going to skip ahead on 

a couple of things here and ask you this. One of those officers 

at least was wearing a mask, wasn't he? 

A. Yes. 

Q. Who was that? 

A. Corporal right. 

Q. Corporal Wright. And you said he approached Mr. Jones? 

A. Both Crockett -- Lieutenant Crockett and Corporal Wright 

approached Jones. 

Q. Okay. And were they running or walking as they approached 

him? 

A. They were walking. 

Q. They were walking? 

A. Yes. 

Q. Did they have guns out? 

A. Not that I can recall. 

Q. Did your SWAT team members have guns? 

PATRICIA STARK1 E, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT. MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 I 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 12 of 45
A. No. 

Did they have guns on them? 

Q. Yes, ma'am. 

A. Yes. 

Q. What kind? 

A. I'm not sure what kind they had. 

Q. How were they dressed? 

A. They weren't out there when we initially pulled up. 

Q. I'm sorry? 

A. They were not out there on the scene when we initially 

pulled up. 

Q. Oh, okay. They were just in reserve, so to speak? 

A. Yes. 

Q. All right. How was Mr. Crockett dressed? 

A. He was dressed in plain clothes with police vest -- with his 

pollce vest on. 

Q. Was he wearing a mask also? 

A. No. 

Q. Why was Mr. Bentley wearing -- I mean -- I'm sorry -- 

THE COURT: Wright. 

MR. MADDOX: Yes. Wright. 

Q. Why was Mr. Wright wearing a mask? 

A, All of our undercover officers who have a potential of 

mingling with individuals who are engaged in drug activity, we 

try to conceal their identity as much as possible, so that's why 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY. AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 13 of 45
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he was wearing a mask. 

Q. Okay. Now, at the time you first arrived there, you didn't 

have a search warrant, did you? 

A. We had it. 

Q. When you first arrived there? 

A. When we conducted surveillance? 

Q. Yes, ma'am. 

A. No. We didn't have the search warrant secured at that time 

Q. And the car that left with the female in it, you sald a 

traffic stop was conducted. Does that mean she viol-ated a 

traffic law? 

A. I should say an investigative stop was conducted. 

Q. An investigative stop. And was her vehicle searched? 

A. Not that I'm aware of. It probably -- it could have been 

searched, and that would have been the determination of the I 

individual officers that were out on the scene. 

Q. And who stopped that vehicle? 

A. It's going to be onc of the SWAT members stopped the 

vehicle. 

Q. One of the SWAT members stopped it? 

A, Yes. 

Q. Were they in marked vehicles? 

A. I can't recall. 

Q. Were they in normal police uniform? 

A. No. They would have been in black uniforms with police 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH S'rREFT, MONTGOMERY, AL 36 104 334-262-1 22 I 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 14 of 45
- 

visible. 

Q. You said after that, a pickup truck came to the residence? 

A. Yes. 

Q. Where did it park? 

A. In th~ driveway. 

Q. And you said someone got out of that truck? 

A. Yes. 

Q. Who was that? 

A, It was later determined to be Otis Jones, but at that time 

only thing I could advise was a black male subject got out of 

the vehicle. 

Q. Okay. Now, you said you were there doing surveillance 

pursuant to an investigation. HGW long had you been 

investigating this residence or Mr. Jones? 

A. We received information concerning drug activity taking 

place at the residence back in 2005, and then Corporal Bartlett 

received additional information in 2006 concerning a large 

quantity of currency being inside the residence. And -- 

Q. You don't know what information exactly Mr. Bartlett 

received, dc you? 

A. Yes, I do, because it's listed on the document search 

warrant. 

Q. But other than what he said in the affidavit of the search 

warrant, you don't personally know, do you? 

If there's any add~tional information? No. 

PATRICIA STARK1 E, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT. MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, At 36 1 04 334-262- 1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 15 of 45
2. Okay. Now, did you know anythi-ng about Mr. Jones as a 

result of your partlclpation in this? 

%. George Jones? 

2. Yes, ma'am. I'm sorry. There was another Mr. Jones. 

Seorge Jones. 

4. I'm not understanding the question. 

2 Okay. Did you know where Gecr'ge Jones worked, for example? 

. No. 

2. Have you ever heard of George's Dinette? 

A. No. 

2 okay. When you went there and recelved word -- after seeing 

these things, you receis7ed word that the warrant had been 

signed. You sent officers into the residence and actually went 

in yourself and approached the fellows in the vehicle, and 

Yeorge Jones ran; is that right? 

A. That's correct. 

2. You didn't have a search warrant then, did you? 

4. Yes, we did. 

2. You had it with you? 

4. Had it in hand, no. 

2. Okay. Where was the search warrant when you did that? 

. It was in Corporal Bartlett's possession. 

3. Okay. Do you of your own personal knowledge know for a fact 

that that search warrant had actually been signed at the time 

you did that, or did you simply take Bartlett's word for it? 

PATRICIA STARKIE, RDR, C RR. OFFICIAL COURT REPORTER 

U.S. Drsr~rcr COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262- 1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 16 of 45
A. I took Bartlett's word that lt was signed. 

I . Okay. Now, when you went to the truck, what happened? I 

I know you didn't go. When the two officers approached the truck, 

what happened? 

A. When all three of us approached the residence, we had George 

I Jones running. After he ran, for my safety I went ahead and 

took Otls Jones -- I put him into handcuffs for my safety and 

I Q. All right. Sc Otis Jones was handcuffed. Is that when you 

l~rdered the search of the truck? 

A. No. Aft2r he was handcuffed and additio~lal officers arrived 

on the scene, our next priority was to secure the residence and 

locate any other individuals inside the residence who might pose 

la danger to us. 

(Q. Okay. And once you did that, is that when the truck was 

searched? 

A. After everything was secured, we started a search. 

IQ* Okay. Was the warrant there then? 

I A. I can't recall lf it came then. 

Q. Did the warrant authorize you to search veh~cles there? 

I MR. HARMON: Your Honor, at this point, I want ta 

I object on materialit). and relevance. It's clear that the 

lvehicle belongs to Otis Jones. The cuiren~ claimant hhs no 

standing to question the search of that vehicle or anything that 

(sterns 

I 

from that. 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY. AL 36 104 334-262- I 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 17 of 45
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TEE COURT: Mr. Maddox, why are you going into the 

vehicle? 

MR. MADDOX: Couple of reasons, Judge. Number one, the 

vehicle was on his property. But more importantly, we've 

alleged that there was insufficient probable cause. I'm also 

trying to demcnstrate that there was nat a facially valid sehrch 

warrant upon which she relied in taking the actions she took. 

And a part of that would be overbreadth in the execution of a 

search warrant if it, in fact, existed at the time. 

THE COURT: Well, for purposes of a motion to suppress 

on rhe money found under the bed, allegedly in the third 

bedroom, I'm going to sustain the objection. I want to stay 

away from the truck right now. I'll think about that as far as 

when we get to the final hearing. But as far as suppressing 

this evidence right here, we're just talking about the money. 

And I know that you have some statements that maybe come in 

later on by the claimant cr someone else, and I would see 

whether that would be relevant. I'm going to sustain the 

objection as to the search of the truck. 

MR. MADDOX: May I add one reason to that? 

THE COURT: You may. 

MR. MADDOX: All right, sir. In the search of the 

truck, they found drugs. Later in the affidavit for the second 

search warrant on which they relied for some of the information, 

they -- the affiant says -- it's the second paragraph of the 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STRE-, MONTGOMERY, AL 36 104 334-262-1 221 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 18 of 45
affidavit. On March 31st, Montgomery PD executed a document 

search warrant at the address. During the execution of the 

search warrant, illegal narcotics were found. I believe I can 

show that at the time this was done, the only illegal narcotics 

that were found had been found in that truck. 

THE COURT: Now, this was done at 11 -- what was the 

time? 11:25. 

Mr. Harmon, is it the government's position that druqs 

were found in the house? 

MR. HARMON: I believe it is, Your Honor. There were 

drugs found in the house, which will -- another witness wlll 

testify to also. 9ut there were also drugs found in the 

vehicle. The drugs were found -- a separate quantity of druqs 

was found in the house. 

THE COURT: Okay. I'm still going to sustain the 

objection. You've qot it In there that she searched the 

vehicle, and I'll take note that shc searched the vehicle, Now, 

if you want to tie that into the time line with other things, 

you can go right ahead. That would be relevant. 

MR. MADDOX: Thank you, Judge. 

Q. Sergeant Wright, a second search warrant was obtained, was 

lt? 

A. Yes. 

Q. At the time the second search warrant was obtained, the only 

drugs that had been found on that property was in the truck, 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET. MONTGOMERY, AL 36 104 334-262-1 22 I 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 19 of 45
wasn't it? 

A. In the truck, and then the drugs that was recovered that 

Mr. Jones threw. 

Q. They were not recovered on the property, were they? 

A. But he left the property with it. He came out of the 

property -- out of the residence -- 

Q. Is that a yes or no? They were recovered on the property or 

they weren't? 

A. It was recovered on the property, lves. 

Q. It was? 

A. The drugs initially were on the property, It was in 

Mr. Jones' possession when he came out of the house. And I'm 

referring to George Jones. When he ran away from the property, 

he discarded the drugs, and they were recovered after he had 

discarded them. 

THE COURT: were the drugs recovered on the property or 

off the property? 

THE WITNESS: No, it was off. 

Q. Okay, And from the time you saw him run until sometime 

later when the drugs were recovered, you don't know what 

happened personally, do you? 

A. Once he ran away? 

Q. Y~s, ma'am. 

A. No. 

Q. So at the time the second search warrant was obtained, the 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 20 of 45
only drugs that had been found on the property were from the 

truck, weren ' t they? 

A. That's correct. 

Q. Okay. Now, you've testifled about this in state court, 

haven't you? 

A. Yes. 

Q. Okay. Is it a fair statement to say that you thought it was 

okay to search the truck because all of your search warrants 

usually authorized the search of every vehicle and every person 

on the property? 

A. That's correct. 

Q. Okay. So you were relying on your standard search warrant 

in acting the way you did before you saw it; is that right? 

A. That's correct. 

Q. Okay. Did you have at the time of the search any 

information that drugs had been located on that residence, say, 

within the past 72 hours? 

A. That drugs were ssen? 

Q. Yes, ma'am. 

A. No. 

Q. When you went to -- what did 1-ou think you were looking for 

when you went to that residence? 

A. Large sums of money. Large sums of money and any type of 

paper document relating to drug enterprise. 

Q. And where did you believe you were authorized to search? 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREFT, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 21 of 45
A. Everywhere, even inside and outside; out buildings, any 

vehicles, any persons, anywhere inside the house. 

Q. Okay. And how were you going to identify the documents you 

nere looking for? 

A. That would have been a determination made by Corporal 

Bartlett. We would collect all documents and then let him 

review them and see if they were any evidentiary value. 

Q. If you saw -- Well, let me put it a different way. You 

wouldn't necessarily, yourself, know what documents were and 

weren't to be seized, would you? 

A. I would know some general documents such as bank books, bank 

statements, anything that's going to show his work history, 

things like that. 

Q. Okay. 

A. We would collect those. Any photographs depicting drug 

activity where they might be showing large sums of money or 

weapons or showing drugs. 

Q. And when you say bank books, for example, you would have 

seized every bank book you found? 

A. Under his name. 

Q. Under his name? 

F.. Yes. 

Q. Did you, in fact, search bedrooms of other people who lived 

there? 

A. Yes. 

PATRICIA STARKIE, RDR, CRR. OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF AL~BAMA 

ONE CHURCH STREET, MONTGOMERY. AL 361 04 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 22 of 45
Q. Did you find, for example, his mother's diary? 

A. I can't recall if we found that. 

Q. Okay. Did your search warrant authorize you to search for 

diaries? 

A. For paper documents. 

Q. Just paper documents? 

A. Yes. 

Q. Okay. Now, the search warrant I'm looking at, which is 

Government's Exhibit 6, that is the document search warrant, do 

you know what is shown on the face of that? 

A. What do you mean? 

MR. HARMON: Your Honor, may I approach and provide the 

witness with a copy of the document? 

THE COURT: Yes, if you're going to refer to it. 

Q. Do you see that search warrant? 

A. Yes. 

Q. Okay. When did you first see it that day? 

A. Once Corporal Bartlett brought it to the scene. 

Q. Okay. Before he brought it to the scene, did h2 call 

Corporal Stillman and tell him to get another search warrant 

because y'all had relayed to Bartlett via police radio or 

telephone that drugs had been found? 

A. I can't recall if he was already on the scene or he was 

still en route to our location, but we did eventually inform him 

that we were going to have to stop, and he needed to yet a drug 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY. AL 36 104 334-262- 1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 23 of 45
search warrant. He needed to get this amended for a drug search 

warrant. 

Q. I'm sorry. My sinuses are not being good with the 

antihistamine prescribed me. Can you repeat that last part 

again for me? 

A. I can't recall if tie had finally made it to the residence 

with the document search warrant or if he was still en route 

when we found the drugs inside the vehicle. But we did tell him 

once WE found the drugs that WE were going to have to stop, and 

he needed to get it amended. 

Q. Okay. So you don't know whether he ever arrived to execute 

the search warrant itself before getting the second sne or not'? 

A. He arrived. 

Q. He arrived? 

A. I can recall him beir~g there. 

Q. Who ~ctually served the search warrant? 

A. Any one of us can serve it. 

Q. Yes, but who did? 

A. Okay. It probably was Corporal Wright that served it. He's 

the one that signed it because he's the evidence officer showing 

that it was being served before we left the house. 

Q. Okay. And do y~u know what form that search warrant was 

in? Cld you see it actually? 

A. Did 1 see it? 

Q. The search warrant. 

PATRICIA STARKIE, RDR, CRR. OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY. AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 24 of 45
A. Before we left the house? 

Q. Yes, ma'am. 

A. Yes. 

Q. How many pages was the search warrant itself? 

A. Should be one page. 

Q. One Faqe. Okay. If ycu look at the front of that search 

warrant, it says, and/or items listed in attachment one and 

attachment two. That wasn't attached to the search warrant that 

you served, was it? 

A. Not that I can recall. 

Q. It was actually attached to the affidavit that was given to 

the judge, wasn't it? 

A. That's correct. 

Q. Okay. So everything you were searching for was on the face 

of that one-page search warrant, wasn't it? 

A. Everything that we were searching for is on this page and on 

attachment one and two. 

Q. But you didn't have attachment one and two there to refer 

to, did you? 

A. It just goes into more detail concerning what type of 

records we're looking for and boots and notes and ledgers. 

THE COURT: But the questlon is did you have it there 

at the scene on that day? Did you have attachments one and two 

at the scene on that day? 

THE WITNESS: He would have had ~t in his vehicle, so 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT. M~DDLE DISTRICT OF ALABAMA 

ONE CHURCH ST RE^, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 25 of 45
it would have been out there on the scene, but it would not have 

been something we would have went by because it's something that 

we do every day, so we know what we're looking for. 

Q, Who found the currency under the bed? 

A. That would have been at the time Corporal Wheeler. 

Q. Wheeler? 

A. Yes. 

Q. You didn't see the currency found, did you? 

A. No. 

Q. In fact, when you saw it, somebody had already pulled it 

out, hadn't they? 

A. It was -- they left it there, and it was eventually pulled 

out. 

Q. That's not my question. When you saw it, somebody had 

pulled it out, hadn't they? 

A. Yes. It was evefltually brought UF to the front so the 

evidence officer could log it in as evidence. 

Q. You never went in the room and saw where it was found, then? 

A. No. 

Q. When you were looking for a large amount of currency, the 

front of that search warrant lust says U.S. currency, right? 

A. Yes. 

Q. Was the plan to take any currency found there, or was there 

some amount you were looking for? 

A. It wasn't a certain amount. It's U.S. currency that is 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 '1 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 26 of 45
1 indicative of drug proceeds. 

Q. Okay. And who made the deterrninatinn of whether the 

amount was large enough to be considered indicative of drug 

,activity? 

A. At that time, what we would do is just take it, and then 

from further investigation determine if it's going to be drug 

Q. I'm sorry. You turned away, and 1 couldn't -- 

A. We can't make that determination on the scene, so a lot of 

times we will take it and then determine if it's going to be 

from drug proceeds. 

Q. Okay. Suppose you only found $200 in fives and tens. Wculd 

you seize that? 

A. No. 

Q. How about $1,200? 

A. No. 

Q. How about $3,OQO? 

A. Yes. 

Q. At what point do you cross the line from 1,200 to 3,000? 

A. It would be about 3,000 on up is what we would seiz~. 

Q. And what do you base that on? 

A. It's based on what the courts will accept before they -- 

before they would allow us to file for seizure. 

Q. So you decide whether it's enough for you to file a 

forfeiture or not? 

- 

PATRICIA STARKIE, RDR. CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET. MONTGOMERY, AL 36 1 04 334-262-1 22 I 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 27 of 45
A. Yes. 

Q. Ok6y. Now, do you think the courts set guidelines about 

that, or is it the U.S. attorney that sets the guidelines about 

that? 

MR. HARMON: Your Honor, I object. This calls for 

evidence from this witness which she is not qualified to talk 

about. It calls for legal opinion. And further, Your Honor, it 

would ask for her opinion of guidelines that are adopted by 

agencies such as DEA and others. 

THE COURT: Well, I'll let her testify if she knows 

where they come from, if it's relevant, but I sustain the 

objection otherwise. 

Q. Do you know who sets the number for what y'all seize and 

what you ought not to? 

A. The court system. 

Q. The court system. Okay. 

Did you have any particular t?chnique, any Rind of testing 

equipment with you or anything that if you found a $100 bill, 

you could determine just from the $100 bill whether it was drug 

money or not? 

A. No. 

Q. Did you find any records of drug activity there? 

A. We collected paper documents, and that would be up to the 

case agent to determine if zny of it is -- can be used as 

evidence. 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTR~CT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY. AL 361 04 334-262-1 22 I 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 28 of 45
Q. So what you do 1s just take all the documents you can find 

and take them down and let the case agent go over them later and 

decide if they're worthless or usqful or what? 

A. That's correct. 

Q. Okay. Now, how about books, notes, or ledgers? It's on the 

frcnt of the search warrant. 

A. That's considered all paper documents, 

. All paper documents. Okay. Do you know what kind were 

seized that day? 

A. No. in order -- if we were to sit there and look all -- 

look at all the paper documents in the house, we would be there 

for a couple of days. So we initially look through them and 

collect what we feel may be needed and then do a thorough look 

after we get back at the office or let the case agent look at 

it. 

2. All right. So you used the search warrant just to go in and 

get all the paperwork you can find, take ~t -- seize it, take it 

in, go over it very carefully and decide what you need and what 

you don't? 

A, Yes. 

Q. Okay. Thank you very much. 

MR. HARMON: Your Honor, briefly. May I approach, Your 

Honor? 

THE COURT: You may. 

REDIRECT EXAMINATION 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MON'TGOMERY, AL 36 104 334-262- 1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 29 of 45
BY MR. HARMON: 

lQ. Sergeant, if you would, I'd like to retrieve my document. 

I Eefore I do, would you notice there on -- 

I MR. MADDOX: Your Honor, may I approach so I can hear? 

I THE COURT: You may. 

Q. On the front of the search warrant -- that's document 6, the 

I document search warrant -- does it have a time and date when it 

I was issued? 

A. Yes, it does. 

lQ. What Is the time and date? 

I A. The time is 8;40 a.m., and the date is March the 31st of 

IQ. Okay. And based upon your prior experience with ex?cution 

of warrants, is that the time that the warrant was signed and 

executed by the magistrate? 

1 MR. MADDOX: I object, Judge. That calls for her to 

speculate about when the magistrate actually signed it. 

I THE COURT: 1'11 sustain. The document speaks for 

I 

1 itself. 

1 Q. 

Sergeant, one other question. Regarding the seizure of the 

money, are you the officer that decided to seize the mcney on -- 

i during execution of these warrants? 

A, NG. 

I 

MR. HARMON: Thank you, Your Honor. That's all I 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. Drsr~rcr COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 1 04 334-262- 1 22 I 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 30 of 45
THE COURT: Sergeant, tell me, when you exited your 

zar, what were you wearing? 

THE WITNESS: I was wearing my police vest and regular 

:lathing, civilian clothing. 

THE COURT: Did you drive your car across the street in 

front of the house or did you get out of your car from where you 

lad been observing? 

THE WITNESS: No, I drove my vehicle across the 

street -- down the street and kind of veered off to the left 

3ecause I was on the opposite side of the house. So I drove a 

Little ways and pulled on the side. 

THE COURT: Did you and Cfficers Wright and Crockett 

311 approach at the same time? 

THE WITNESS: Yes. 

THE COURT: Just the three of y~u initially? 

THE WITNESS: Yes. 

THE COURT: When you exlted your vehicle, could you see 

;he house? 

THE WITNESS: Yes. 

THE COURT: Were the two Mr. Joneses out in the yard at 

:he time you exited your vehicle? 

THE WITNESS: Yes. 

THE COURT: Did you walk, run -- 

Well, first of all, how far is your vehicle from the 

house after you moved it from the driveway? 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. Dr5TRrCT COIJRT. MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 31 of 45
THE WITNESS: Once I moved it closer to the house? 

I THE COURT: Yes; where you got out. 

I THE WITNESS: I was right by the driveway. 

THE COURT: You were right by the driveway. How many 

feet away would the claimant, Mr. George Jones, have been when 

you exited your vehicle? 

THE WITNESS: He would have been probably five feet 

away. He wasn't far. He's going to be on the other side ~f the 

Ivehicle. Five, ten -- he's not -- cduple of yards. I'd say 

about 25 yards away from me. He's on the ~ther side of the 

pickup truck. 

THE COURT: All right. Did he ever get to the pickup 

truck before he ran? 

THE WITNESS: He was out in the yard. They were by the 

lpickup truck, SO, yes, he did. 

I THE COURT: But he was not in the truck? 

I THE WITNESS: No. 

THE COURT: Now, when he ran, were you on the driver -- 

I the passenger slde of the truck? 

THE WITNESS: 1 was on the driver's side. 

I THE COURT: When you saw him run, which way did he go? 

i THE WITNESS: He ran back towards the left side of the 

house. 

THE COURT: Is that away from the truck? 

I THE WITNESS: yes, 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 32 of 45
TEE COURT: And away from you? 

THE COURT: And where were Lieutenant Crockett and 

1 

I Corp~ral Wright when he began to run? 

THE WITNESS: Yes. 

I THE WITNESS: They were in the yard. 

THE COURT: They were also as close to him as you were 

l or closer? 

I THE WITNESS: They would have been closer. 

THE COURT: Did they say anything to him? 

THE WITNESS: I can't recall. 

I THE COURT: When he ran, did they say anything to him? 

I THE WITNESS COURT: I can't recall. 

THE COURT: When was the last time you saw him when he 

I ran? What was the last thing you saw? 

I THE WITNESS: When he ran, my attention shift to Otis 

Jones. So after he ran towards the side of the house and they 

I were giving pursuit, my attention, because I was left alone with 

Otis Jones, shift to him. 

I THE COURT: And you put him in cuffs? 

I THE WITNESS: Yes. 

THE COURT: How long was it before they returned with 

I George? 

I THE WITNESS: Probably a minute. 

THE COURT: And when they returned with G~orge, had 

I they recovered what they thought to be or you -- appeared to you 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONECHURCHSTREET.MONTGOMERY,AL 36104 334-262-1221 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 33 of 45
to be a pa~ket of drugs? 

THE WITNESS: Yes. 

THE COURT: Did they share that informatian with you? 

THE WITNESS: Yes. 

THE COURT: Did all of that happen bef~re you entered 

the house? 

THE WITNESS: When they shared it? No. 

THE COURT: You said he was gone a minute. 

THE WITNESS: He was gone a mlnute. 

THE COURT: And they brought him -- they caught him and 

brought him back. 

THE WITNESS: Yes. 

THE COURT: A11 right. And then what happened? 

THE WITNESS: And then during all that time, that's 

dhen I was taking -- once that minute was going on, I was taking 

3tis Jones into custody. I had two members of the SWAT team 

xrived on the scene, and I had one of the SWAT officers watch 

3tis Jones. At that time, I went up to the side door to 

Innounce police presence and try to determine if anybody else 

das inside the house. 

THE COURT: Had George been brought back by then? 

THE WITNESS: No, not that I can recall. 

THE COURT: At what point was he brought back? 

THE WITNESS: He was brought back -- when I became 

aware of him is when we got the mother situated and we had 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. Dtsr~rc~ COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET. MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 34 of 45
chesked the house. Might have been brought up back before then, 

but once we got the mother situated and checked the house, 

that's when I became aware that he was brought back. 

THE COURT: Okay. So whec you searched -- did you take 

part in searching the house at all? 

THE WITNESS: Yes. 

THE COURT: And at the time you were searching the 

house, you did not know whether George had been brought back or 

not or whether he had drugs on hin or not? 

THE WITNESS: When I started searching the house? 

THE COURT: Right. 

THE WITNESS: By the tirne they brought him back, I was 

aware -- before I started the searching of the house. 

THE COURT: You were n~t aware? 

THE WITNESS: 1 was aware. 

THE COURT: You were aware before you started? 

THG WITNESS: Right. But my attention after we began 

the search was I went to the truck and started searching the 

truck. And then our search warrant stopped for a drug search 

warrant. Then eventually when that drug search warrant was 

approved, I eventually assisted with searching the inside of the 

house. 

THE COURT: 3f course, that was two hours later. 

THE WITNESS: Yeah. 

THE COURT: The second warrant, apparently, was issued 

PATRICIA STARKIE, RDR. CRR, OFFICIAL COURT REPORTER 

U .S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 I 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 35 of 45
3t 11:25. 

THE WITNESS: Yes. 

THE COURT: Or so or thereabouts. So now I'm 

zonfused. My question to you is, when did you become aware that 

2eorqe had been caught and retrieved and actually had drugs on 

lis person or had had drugs on his person? 

THE WITNESS: That would have been shortly after we 

;ecured that house. 

THE COURT: Okay. Y'alL have any ather questions? 

MR. HARMON: Just very briefly, I did want to ask one 

:hirig. 

REDIRECT EXAMINATION 

3Y MR. EARMON: 

2. Sergeant, would you describe for the Court the police vest 

qou were wearing when you approached, what it looks like? 

1. It's a black vest that has police visible on the front and 

>n the back. 

MR. HARMON: That's all I have, Your Honor. 

THE COURT: Okay. 

MR. MADDOX: If I might, Judge. 

RECRCSS EXAMINATION 

3Y MR. M4DDOX: 

2. It is fair to say that y'all had already found the money at 

the time you det?rmi.ned that some drugs had been found in or 

around the premises there? 

PATRICIA STARKIE, RDR, CRR. OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF AU~AMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262- I 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 36 of 45
A. Yes. 

Q. Because you stopped searching when the druqs were found to 

go and get ar~other search warrant, right? 

A. Yes. 

Q. Okay. And that's why there's one inventory relating to the 

document search warrant that shows all the money found, the 

Glock, the blue cap, and then that search warrant is stspped 

because drugs were found; is that right? 

A. The drugs should also be included on that one. 

Q. I could not hear yau. 

A. The drugs also should be included on that warrant itself. 

We found the money, the drugs that was in the cap, and the 

Glock. 

Q, Okay. 

MR. MADDOX: Your Honor, may -- I find that I need to 

offer an exhibit. Could I have this marked? 

THE COURT: You may. Is that the inventory? 

MR. IGADDOX: It is the inventory, Your Honor. 

THE COURT: Just mark it Plaintiff's 1. 

MR. MADDOX: May I approach the witness? 

THE COURT: You may. 

Q. Sergeant, is this the inventory for the first search 

warrant? 

A. Yes. 

Q. What does it show you had collected at the time you stopped 

PATRICIA STARKIE, RDR. CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY. AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 37 of 45
It? 

A. Number one is going to be assorted U.S. currency. Number 

two is one Glock 9 millimeter. Number three is a ball cap 

containing two clear plastic bags -- yeah -- with cocaine. 

Q. Now, the ball cap with two plastic bags with cocaine, where 

was it found? 

A. In the truck. 

Q. In the truck. And the rnGney that had already been found 

that was listed first, where was that found? 

A. In the house. 

Q, And how much money is listed there? 

A. $74,700. 

MR. MADDOX: Offer Plaintiff's Exhibit Number 1, 

Honor. 

MR. HARMON: No objection, Your Honor. 

THE COURT: Offered over no objection. 

MR. MADDOX: No more questions, Your Honor. 

MR. HARMON: Your Honor, if I might very briefly 

Your 

approach the witness. 

THE COURT: You may. 

REDIRECT EXAMINATION 

BY MR. HARMON: 

Q. Sergeant, the document that Mr. Maddox just introduced, does 

it show the time of entry of that document warrant? 

A. Yes. At nine o'clock in the morning. 

- 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY. AL 36 1 04 334-262- I 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 38 of 45
2 Thank you, ma1 am. 

That's all I have, Your Honor. 

THE COURT: When you say time of entry, that would have 

Seen the entry of what? 

THE WITNESS: The house. 

THE COURT: Okay. 

MR. HARMON: Your Honor, I have no further questions. 

I'd ask that this witness be excused. 

MR. MADDOX: No need to keep her, Judye. 

(witness excused. ) 

MR. HARMON: Your Honor, if I may be excused, 1'11 go 

-all my next witness. 

PATRICK CROCKETT, the witness, having been duly sworn, 

testified as follows: 

DIRECT EXAMINATION 

BY MR. HARMON: 

2. Sir, would you state your name, please, and spel.1 your first 

2nd last names. 

4. Lieutenant Patrick, P-A-T-R-I-C-K, Crockett, 

,-R-0-C-K-E-T-T. 

2. And how are you employed, sir? 

4, City of Montgomery, Montgomery Police Department. 

2. And how long have you been so employed? 

4. Seventeen years and 11 months. 

2. Sir, I would direct your attent-ion to the date of the 31st 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT. MIDDLE DISTRICT OF AL~BAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 1 04 334262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 39 of 45
of March of 2006, and specifically the execution of a warrant at 

an address on West Shades Valley in Montgomery, Alabama. Do you 

recall that day? 

A. Yes, sir. 

Q. Can you tell the Court what you were -- what your initial 

effort or -- excuse me -- your initial duty was there at that 

location? 

A. As a lieutenant, I was over Sergeant Wright and the 

second-shift narcotics officers. They came to me and said that 

they were going to conduct a document wanted to conduct a 

dacument search warrant at the West Shades Valley address. 

Q. And did you proceed to that location? 

A. Yes, sir. 

Q. Where were you initially located in the course of executing 

this warrant? 

A. Sergeant Wright maintained surveillance on the residence. I 

was right down the street from it on Greensboro, Southlawn Drive 

area, as support for her because she had eyes on the residence. 

Q. Was there a reason, sir, that you were nct in closer 

proximity to the Shades Valley residence? 

A. I was -- I would have stood out. 1 wanted to be close by 

and be able to respond, but she had eyes on the residence, 

Q. During the course -- did you receive any information from 

Sergeant Wright during this -- durlng the course of her 

surveillance? 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 40 of 45
A. Yes, sir. 

Q. What did she tell you? 

A. She called on the radio and said we had -- she had activity 

there. One vehicle had just left; a femaie had just left. It 

was followed, gct stopped. She was identified. Sergeant Wright 

then notified us that another vehicle with a black male showed 

up, a truck, I believe, and that there was two subjects standing 

out in the front yard. 

Q. Now, did you eventually receive word that the requested 

document search warrant had be~n obtained? 

A. Yes, sir. 

Q. And what did you do as a result of that? 

A. As a result, I advised my units to start moving in to 

 ond duct the document search warrant. 

Q. And what was the first thing you saw when you arrived at 

that location? 

A. Myself and Shon -- Corporal Shon Wright was behind me. I 

exited -- when we pulled up in front of the residence, I exited 

my vehicle al~ng with Corporal Wright. The subject with the 

patch over his eye ran from the residence to the back of the 

residence. Myself and Corpcral Wright began foot chase of that 

subject . 

Q. Let me make sure that we all understand, You're talking 

about Corporal Shon Wright. That is not the same person as 

Sergeant Vanessa Wright, is it? 

PATRICIA STARKIE, RDR, CRR. OFFICIAL COURT REPORTER 

U.S. DISTR~CT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 1 04 334262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 41 of 45
A. No, sir. Two separate -- 

Q. Do you see in the courtroom the individual whom you saw run 

from you that day? 

A. Yes, slr. 

Q. Wculd you identify him, please. 

A, He's at the defense table. 

MR. HARMON: And would rhe Record reflect that the 

witness has correctly identified the claimant. 

Q. Before I go any further, how were you dressed? 

A. I had on jeans, a pullover shirr with my vest -- a pullover 

vest, throw-over vest with pollce on the front, police on the 

back. It's a black vest with, like I said, police on the front 

and on the back. 

Q. Were you wearing a mask? 

A. No, sir. 

Q. And can you describe for the Court how Shon Wright was 

dressed. 

A. He was dressed in a suit. He had -- he pulled his mask on, 

and I believe he had his throw-over vest underneath his jacket 

that. had police on it. 

Q. Could you -- for example, could anyone seeing you approach 

them, could they see that you had -- 

A. It's like -- 

Q. -- police written on it? 

A. Yes, sir. It's open. 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DlSTRlCT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREFT, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 42 of 45
- 

Q. I know you said you saw George Jones in the yard. What was 

the first thlng you saw hlm do? 

A. He started -- he turned -- when he saw us get out of the 

truck, he turned and ran behind the houss. 

Q. And what did you do at that point? 

A. I gave foot chase. 

Q. And did anyone assist you in the chase? 

A. Corporal Wright assisted. 

Q. Can you describe the chase, how long it lasted and where it 

ended up? 

A. We jumped the back fence -- he jumped the back fence. 

Corporal Wright passed me. I slowed up to make sure the 

house -- there was nobody in the back ~f the house to ambush us 

or anything. I slowed up, made sure nobody was there, and I 

kept -- Corporal Wright got in front of me, and I got behind 

Corporal Wright.. 

Q. Now, when you say he -- that George Joncs jumped the fence, 

was it a fence at the back property line? 

A. It was the back property line, the fence. We jumped it. He 

turned to the left, and I believe two houses down is wh2re we 

caught up tu him and caught him. 

Q. Now, who was the person initially that put hands on 

Mr. Jones? 

A. Corporal Wrlght. 

Q. 1 know vou described that you initially checked the back of 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPOR'TER 

U.5. DISTRICT COURT. MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY. AL 36 104 334-262-1 221 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 43 of 45
- 

the Shades Valley property to insure your safety. After that 

?oint, did you have a clear observation of the entire chase? 

4, Once he made it over the fence and he got behind the tree, I 

jidn't see him and Corporal Wright until I got behind it. I 

Lost sight of them maybe fractions of a second. 

2. Did you regain sight of Mr. Jones and Shon Wright during the 

zhase after they cleared the tree area? 

4. Yes, sir. 

2. What did you see happen? 

4. That's when he was pulling something -- a bag out of his 

?ocket, out from his pants. And it was a white -- or plastic 

3ag with white powder in it, and that's when we took him into 

zustody. He threw it out, and when it hit the ground was when 

de got him in custody. 

2. And that would -- when you say someone took it out of their 

~nts, who would that individual have been? 

4. The defendant. 

2. Can you identify him by name? 

4. Jones. George Jones. 

. And that's the same individual that you earlier identified; 

is that correct? 

4. Yes, sir. 

2. Now, how close was the -- 

Let me back up and ask it Like this. When you recovered the 

item that Mr. Jones had thrown down, how close was it to the 

PATRICIA STARKIE. RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREFT, MONTGOMERY, AL 36 1 04 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 44 of 45
location where you and Ccrporal Wright obtained control of 

Mr. Jones' person? 

A. It was wlthin two to three feet. Might have been -- you 

know, it wasn't any further than five feet, but it was right 

there with us. 

Q. Who was the person who initially picked up the package that 

Mr. Jones had discarded? 

A. I believe Corporal Wright picked it ~p. 

Q. Did you get a good -- Excuse me. Go ahead. 

A. We got him in custody. Got cuffs on him. Corporal Wright 

reached over, picked it up, I've got this, and we started 

walking back. to the residence. 

Q. Did you get a close look at the item? 

A. Yes. 

Q. Can you describe it, please, what -- 

A. White powder in a plastic bag. Appeared to be powder 

cocaine. 

Q. How long did the chase last after your initial approach to 

the Shades Vailey property? 

A. Maybe two minutes, if that. It wasn't that long. 

Q. Did you then begln to assist an execution of a document 

search warrant? 

A. Yes, sir. 

MR. HARMON: Your Honor, may I approach the witness? 

THE COURT: You may. 

- 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. Dl5TRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 I 

Case 2:06-cv-00736-WKW-SRW Document 41-3 Filed 10/29/2007 Page 45 of 45
1 Q. Sir, I'm going to show you what has been marked for I 

identification purposes as Government's Exhibi t 1. Will you 

take a look at that, please, sir. 

P. Yes, sir. This is wrappers, cellophane wrappers with black 

tape that was up underneath the bed in a back room. It was 

identified as George Jones' back room. 

Q. Did you notice anything of interest about this item when you 

first saw it? 

A. It smelled of raw cocaine, and there was powder residue on 

the package, on the cellophane. 

Q. Sir -- 

MR. HARMON: At this time, Yo~r Honor, I'm going to 

offer into evidence Government Exhibit 1. 

THE COURT: Any objection? 

MR. MADDOX: No, objection, Your Honor. 

THE COURT: It's admitted over no obiection. 

Q. Sir, if you will, take a look at Governmen 

. . . . 

t's Exhibit 2, 

A. Cellophane. Once again, it's the cellophane wrapper with 

like a plastic bag around it Chat was up underneath the ccuch. 

It's a rollaway couch bed that was in the room. 

22 Q. And what room -- was this in the -- d 

23 IA. Same room. 

I 

Q. -- same room? 

wMR. HARMON: Your Honor. I'm aeina t.n ask that '1 I 

PATRICIA STARKIE, RDR, CRR. OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

I 

ONE CHURCH STREET. MONTGOMERY, AL 36 I04 334-262-1 22 I I 

Case 2:06-cv-00736-WKW-SRW Document 41-4 Filed 10/29/2007 Page 1 of 22
2overnment1s Exhibit 2 be admitted into evidence. 

THE COURT: Any objection? 

MR. MADDOX: I couldn't hear what he said. 

THE COURT: He's offering Government's Exhibit 2. 

MR. MADDOX: No objection. 

THE COURT: Admitted over no objection. 

2. And what did you do with these two items, sir, when you 

recovered them? 

A. They were given to Corporal Wright, the evidence officer. 

3. Will you answer Mr. Maddox's questions, please. 

A. Yes, sir. 

MR. MACDOX: May I approach the witness with those 

exhibits 2 moment? 

THE COURT: You may. 

MR. HARMON: Mr. Maddox has a copy, Your Honor. 

CROSS EXAMINATION 

BY MR. MADDOX: 

2 Lieutenant Crockett, who found the money under the bed? 

4. I believe at the time, it was Sergeant Wheeler that found 

the money under the bed, 

2- What's his first name? 

. Todd Wheeler. 

2. Okay. So if the inventory showed TW beside the money, that 

sould explain that, wouldn't it? 

. Yes, sir. 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U .S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET. MONTGOMERY, AL 36 104 334-262-1 22 I 

Case 2:06-cv-00736-WKW-SRW Document 41-4 Filed 10/29/2007 Page 2 of 22
- - - - - - 

Q. Okay. Now, while you were running, do you know what was 

going on at the house? 

A. No, sir. 

Q. You said you chased f~r about two minutes. What happened 

after y'all caught him after that two-m~nute run? 

A. We took him in he was on the ground. We took him into 

custody, handcuffed him. I had to with another officer walk hirn 

around. Instead of going Gver the fence and through the back 

yards, we walked down the street and around to West Shades 

Valley. 

Q. So it took a bit longer than the two minute chase to go 

back, then, didn't it? 

A. Yes, sir. 

Q. Okay. Now, were there other people in that yard when you -- 

y'all caught up with him? 

A. In which yard? 

Q. Where you caught up with him. 

A. Where we caught up with him? 

Q. Yes, sir. 

A. I believe there was an eiderly gentleman that was there, 

that was standing out that might have heard the commotion. I 

don't know if anybody else was there. 

Q. That's all you recall, theughl 

A. Yes, sir. 

Q. A11 right. Let me back up. When you first started ts 

-- 

PATRICIA STARKIE, RDR. CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONECHURCHSTRE-, MONTGOMERY,AL 36104 334-262-1221 

Case 2:06-cv-00736-WKW-SRW Document 41-4 Filed 10/29/2007 Page 3 of 22
PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 I04 334-262-1 22 1 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

19 

19 

20 

21 

22 

23 

24 

25 

approach, were you with Shon Wright or did y'all come from 

separate directions? 

A. We were in two different vehicles. 

Q. Okay. So y'all would have been coming at slightly different 

angles, so to speak? 

A. Yes, sir. 

Q. When you first saw -- just before you approached, you saw 

George Jones and Otis Jones in the yard near the truck? 

4. Yes, sir. 

Q. Which side of the truck were they on? 

A. I don't think -- they were right there close to the truck. 

They were close, like they were about to either get into the 

truck or walking beside the truck. 

Q. Okay. 

A. Coming out from the side of the residence. 

Q. Okay. And so they were about to get into ~t or walking 

beside it? 

A. Yes, sir. 

Q. All right. Which direction was George Jones facing in 

relation to you when you first saw him walking like that? 

A. He was walking from the house, so he was facing me when he 

was coming in. 

Q. Okay. 

A. And it might have been east. I want to say east, but I'm 

not sure. 

Case 2:06-cv-00736-WKW-SRW Document 41-4 Filed 10/29/2007 Page 4 of 22
Q. Okay. And to which side of you was Wright when he started 

approaching? 

A. He was -- Corporal Wright7 He was behind me, I want to say 

in a truck. When we pulled up, 1 got out from the driver's 

side of the truck, and I was on the -- in the street when I got 

out of my truck. So 1 had to run around my truck to approach 

them. 

Q. Okay. But was Wright in front of you, behind you? 

A, He was behind me. 

Q. Behind you. All right. 

Now, you said that he was wearing a suit? 

A. Yes, sir. 

Q+ Wearing his police vest under his jacket? 

A. Yes, sir. 

Q. And he had a mask on? 

A. Yes, sir. 

Q. Did he have his gun out? 

A. No, sir, 

Q. Did you have a gun out? 

A. No, sir. 

Q. Okay. What part did you take in the search of the house? 

A. Once we got back to the house, I made sure all of my 

officers was okay; everybody was fine. I lrnrnediately walked 

back. When I started walking back, they said, we found -- 

there's mcney under the bed. I was like, okay. Well, we've go 

PATRICiA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-4 Filed 10/29/2007 Page 5 of 22
51 

narcotics here. I believe it's cocaine. At that point, they 

said -- or, you know, wait a minute. We've got narcotics. We 

need to stop and get a drug search warrant lnstead of a document 

search warrant. 

Q. All right. SG at the time y'all infarmed them that you had 

found narcotics, they had already informed you they had found 

money? 

A. Yes, sir. 

Q. Okay. Now, the search warrant itself, did you see it when 

you went to serve it? 

A. No, sir. 

Q. Who had the search warrant when y'all went there to serve 

it? 

A. Corporal Brad Bartlett. 

Q. Okay. Was he there? 

A. No, sir. He was on the way. 

Q. Okay. Do you know what the search warrant authorized? 

A. It was a document warrant. It. was not a drug search 

warrant. 

Q. Do you know where it authorized to search? 

A. No, sir. 

Q. Do you know what it authorized you to search for? 

A. It was for the residence that we were at. 

Q. Well, let me say it in a different way. Do you know what 

particular items you were supposed to lsok for when you searched 

PATRICIA STARKIE, RDR, CRR. OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH ~TREFT, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-4 Filed 10/29/2007 Page 6 of 22
S 2 

:he residence? 

4. Yes, sir. 

. What? 

4, Money, any documents for drug activity, anl. documents from 

Arug sales or anything of that nature. 

. You mean like receipts or -- 

A. Yes, sir. 

. Okay. Co y'all see a lot of receipts in the drug trade? 

A. Tf there -- I've seen people write down what people owe them 

cn a notebook and how much money -- 

2. Like a name and a number? 

A. Yes, sir. 

Q. Did y'all find any of that at that house? 

A. Mot that I can recall. 

Q. Okay. Who actually flrst laid hands on Mr. Jcnes? 

A. I believe Corporal Wright, I did not. Corporal Wright was 

in front of me. 

Q. He gat ahead of you? 

A. Yes, sir. 

Q. And why were y'all chasing Mr. Jones? 

A. He ran from the residence. 

Q. Well, he was already outside the residence when y'all showed 

up, wasn't he? 

A. Yes, sir. 

Q. And did you have a warrant to search him, too? 

PATRICIA STARKIE, RDR. CRR, OFFjCIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREFT, MONTGOMERY. AL 36 104 334-262-1 22 I 

Case 2:06-cv-00736-WKW-SRW Document 41-4 Filed 10/29/2007 Page 7 of 22
9- If we're doing a document search warrant, and Lf somebody 

runs from the house, yes, sir, I 'm going to I want that 

subject. 

3. Yes, sir. To clarify, he didn't run from the house, did he? 

A. He ran from the front yard of the house. 

3. He strolled out to the truck, and when he saw y'all running 

toward him, he ran away; is that accurate? 

%. Yes, sir. 

3. Okay. That's all. Thank you. 

MR. HARMON: I have nothing further, Your Honor. Ask 

that this witness be excused. 

THE COUXT: Yes. 

(Witness excused. ) 

MR. HARMON: Your Honor, may I be excused to call my 

next witness? 

THE COURT: Who is your next witness? 

MR. HARMON: Detective Shon Wright. 

SWON WRIGHT, the witness, having been duly sworn, tesLified 

3.5 fcilows: 

DIRECT EXAMTNATION 

3Y MR. HARMON: 

2. Sir, would you state your full name, please, and spell your 

First and last name. 

. Detective S.T. Wright. That's S-H-0-N, W-R-I-G-H-T. 

2. And how are you employed, sir? 

PATRICIA STARKIE, RDR, CRR. OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 I 

Case 2:06-cv-00736-WKW-SRW Document 41-4 Filed 10/29/2007 Page 8 of 22
A. With the city of Montgomery. 

Q. In what capacity are you employed? 

A. I'm a vice narcotics officer. 

Q. And you have a title or a rank? 

A. Detective. 

Q. And how long have you been with the Montgomery Police 

Department 7 

A. Going on ten years. 

Q. Detective Wright, I'm going to direct your atLention to the 

date March the 31st of 2006, and specifically the execution of a 

warrant at 3 West Shades Valley residents on that occasion. Dc 

you recall that event? 

A. Yes, sir. 

Q. Where were you initially in the course of execution cf the 

warrant? 

A. Once I heard it come on the radio, I had just left court, 

and I was headed out that way. 

Q. Let me interrupt you. I apologize. I should have asked 

that differently. What I meant to ask you, sir, your initial 

approach to the residence, where did you set up initially before 

yo3 execution of the warrant? 

A. Before the warrant, I was outside the neighborhood before 

the actual warrant took place. 

Q. How far away were you? 

A. I think probably about a block or SO away. 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREl3, MONTGOMERY. AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-4 Filed 10/29/2007 Page 9 of 22
Q. Is there any particular reason that you would have set up 

that location that far away from the residence? 

A. So I wculdn't be seen. 

Q. Did you become -- what was the next thinq that happened 

after you established your location there? What was the next 

thinq that happened in the course of the execution of the 

warrant? 

A. When they advised that they had a search warrant that was 

signed, and the subject had just pulled up and about to come 

out, I put on my vest and mask and started sl~wly moving in 

towards the residence. 

Q. Now, let me ask you this. Wha~ were you wearing when you 

approached the residence to execute the warrant? 

A. I had on a similar suit, but it was blue. I had on my vest 

that's underneath that clearly said police, poiice officer, 

police, and then I had on my mask that clearly said police. 

Q. NGW, if I was looking at the vest you had on, could you see 

the word police if you approached someone, if you were 

approaching someone? 

A. When I got out, I pulled it back, and you could see it. 

Q. And I think you said you had a mask on. Did it have police 

written on the mask? 

A. Correct. 

Q. What was the first thing you saw when you arrived at the 

Shades Valley address? 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY. AL 36 1 04 334-262- 1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-4 Filed 10/29/2007 Page 10 of 22
A. Once I pulled up, the subject was coming from the residence, 

the side door of the residence, about to enter a vehicle. At 

that time I got ~ut of the vehlcle, and the subject rouk off 

running. 

Q. Do you recognize that individual in the courtroom? 

A. Yes. Sitting over there. 

Q. Would you identify him, please, sir. 

A. The gentleman with the patch over his eye. 

MR. HARMON: Let the record reflect that the witness 

has correctly identified the claimant as the individual he saw 

running. 

Q. What did you do at that point? 

A. After he took off running, I gave chase on him. 

Q. And did anyone assist you in the chase? 

A. Lieutenant Crockett. I believe he was behind me. I didn't 

notice him until we actually got up on the guy. 

Q. Okay. Now, what did Mr. Jones do during the course of his 

flight? 

A. He went through the back yard of his residence. He jumped 

the fence, went through that yard, came out on the other street 

in front of the house behind him, turned left and went probably 

a house over, and started to go back into the backyard. At the 

same time, he was reaching -- 1 believe into his left pocket and 

attempting to, I guess -- I don't know if he was trying to grab 

something or whatever. As he came around to the back side of 

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- - 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY. AL 36 1 04 334-262-1 22 1 

I 

Case 2:06-cv-00736-WKW-SRW Document 41-4 Filed 10/29/2007 Page 11 of 22
the house, his pants were somewhat coming down. So at that 

time, as I started to catching him, he started tripping and he 

was pulling an object out of his pock~t. 

. Did you see the object he pulled out of his packet? 

A. Yes. 

Q. What did he do with it? 

A. He tried to fling it to get rid of it. 

Q. And did he actually throw it away? 

A. He threw it as he was falllng. He threw it like it was 

coming out this way (indicating) . 

Q. And at that point, did you get custody of Mr. Jones? 

A. Myself and Lieutenant Crockett took him into custody. 

Q. How far away was the object he had taken from his pants and 

attempted to throw away? How far away was that? 

A. It wasn't far, because as he fell, it was just like 

sprinkled iike in front of him. Not real far. 

Q. Can you describe the item that Mr. Jones had attempted to 

throw away? 

A. It was a white powdery substance. 

Q. How was it packaged? 

A. It was in like a, as ycu say, sandwich bag, clear plastic 

bag. 

Q. What did it appear to be to you? 

A. Cocaine. 

Q. Would it have been like rock cocaine or powder cocaine? 

- 

PATRICIA STARKIE, RDR, CRR. OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-4 Filed 10/29/2007 Page 12 of 22
A. Powder. 

Q. Did you pat down Mr. Jenes at the time you got custody of 

him? 

A. I think myself and Lieutenant Crockctt did. 1 mainly 

grabbed all the cocaine and started getting up as much as I 

could. 

Q. Do you know ~f any other items were recovered from Mr. Jones 

at that time? 

A. Not that I'm aware of. 

Q. And what did you do with Mr. Jones at that time? 

A. I believe we -- I believe -- I'm not for sure. I believe 

that he was transported back around to the house by one of the 

SWAT units, and we just jumped the fence and got back over to 

the house. 

Q. Did you participate in the execution of the warrant there at 

the house? 

A. I didn't participate in the actual execution, because it was 

going on as we was in foot pursuit. 

Q. Did you recover any item during the course of the warrant? 

A. I was the evidence officer-, so all the evidence was brought 

to me and I documented everything. 

Q. Would you explain to the Court what an evidence officer 

does. 

A. What the evidence officer does is he collects all the 

evidence which is found in the house according to the search 

I 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, M~DDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-4 Filed 10/29/2007 Page 13 of 22
warrant that is issued. 

Q. And very briefly, tell the Court how that's done as far as 

them bringing your -- an item to your attention so that you can 

record its recovery. 

A. Basically, if they find it, once the search warrant, they 

had cleared the residence, they go inside and they start 

searching. As they find it, they bring it back to me, and I log 

it in, the time, the person that located it, and where they 

located it at. 

Q. Would you answer Mr. Maddox's questions, please, sir. 

A. Yes, sir. 

CROSS EXAMINATION 

BY MR. MADDOX: 

Q. Corporal Wright, is Mr. Bartiett here today? 

A. I haven't seen him, sir. 

Q. Do you know whether he told the judge when he was obtaining 

this search warrant about the fact that he had been found -- 

given misleading information in other search warrants? 

MR. HARMON: I object on relevancy grounds, Your Honor. 

THE COURT: Sustained. 

Q. The point in time that you started to approach the claimant, 

Mr. Jones, in this case, George Jones, where was he? 

A. He was approaching the driver's -- the passenger door of a 

plckup truck. 

Q. Okay. And where was Otis Jones? 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTR~CT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-4 Filed 10/29/2007 Page 14 of 22
-- - - 

A. I did not -- I concentrated on the person I first saw, so I 

don't know where Otis Jones was. I believe he was on the 

driver's side of the vehicle, I believe. 

Q. Getting into the vehlcle? 

A. I believe he was getting in the vehicle. I'm not for sure. 

Q. All right. Now, we have in evidence as Claimant's Exhibit 

Number 1 the inventory that you filled out at the initial search 

warrant. You did do that, didn't you? 

A. That is correct. 

Q. The money and the Glock pistol and a blue cap with clear 

plastic bags? 

A. That's correct. 

Q. Where was the Glock found? 

A. I believe it was found up underneath the seat of t.he 

vehicle. 

Q. In the vehicle? 

A. I believe so, yes. 

Q. And the blue cap with cocaine was found in the vehicle 

also? 

A. I belleve -- I'm not for sure where that was found. I would 

have to see the actual inventory. 

MR. MADDOX: May I approach, Your Honor? 

THE COURT: You may. 

Q. Is that your inventory? 

A. Yes, chis is my inventory. 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDL-E DISTRICT OF ALARAMA 

ONECHURCHSTREIZT, MONTGOMERy,AL 36104 334-262-1221 

Case 2:06-cv-00736-WKW-SRW Document 41-4 Filed 10/29/2007 Page 15 of 22
6 1 

Q. All right. Can you tell from that inventcry where the 

cocaine was found? 

A. It was found in the toolbox. There was a toolbox on the 

rear of the vehicle that you have to unlock and open that you 

sit your tools down. You know how you have a pickup truck and 

you have a box on the back? 

Q. That's Otis Jones' vehicle, right? 

A. I believe so. 

Q. And that's the same vehicle the Glock was found in? 

A. That is correct. 

Q. Okay. As you were headed toward George Jones and when he 

started to run, which part of his body was facing you? 

A. I believe as he was -- he was coming -- he was like -- 1 was 

like a sid? view, because I was parked like in front of the 

mailbox. I'm here, and here's the mailbox. He was coming from 

the side door towards the vehicle. As he got to the vehicle, it 

was like a side view. 

Q. So it would be t.he left side? 

A. If you could turn slightly to your left -- your right? 

Q. Like this? 

A. Like you about to get -- I had a view such as that. 

Q. All riyht. Sc you were on his patch side; is that -- 

A. Correct. 

Q. Okay. 

A. But as he turned and looked at me, as I identified myself, 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 1 04 334-262- I 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-4 Filed 10/29/2007 Page 16 of 22
he saw me clearly. 

Q. Did you yell something? 

A. Yes. 

Q. Who else was approaching him or Otis Jones at that time? 

A. I know Lieutenant Crockett was right there in front of me. 

Q. In front of you? 

A. I was behind him. 

Q. Was he -- 

A. Behind. 

Q. Was he saying anything? 

A. He was saying the same thing, police. 

Q. So yfall were both yelling police at the same time? 

A. Yes. 

Q. Okay. At the time you approached, had you seen the search 

warrant? 

A. I had not seen it, sir. T had just came from court. I 

didn't see anything. I was just going to assist. 

Q. Okay. And you didn't know what it authorized you to search, 

then, did you? 

A. 1 mean, common search warrants, you know, almost pretty much 

the same. This was supposed to have been, as I heard, a 

document search warrant. 

Q. So yfall pretty much get the same search warrant from city 

judges every time? 

A. It differs in some ways, yes. 

PATRICIA STARKIE, RDR, CRR, OFFICIAL- COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DlSTRlCT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 1 04 334-262- 1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-4 Filed 10/29/2007 Page 17 of 22
2. Okay. What did you think it authorized you to search? 

. The residence, the premises, you know. 

3. Vehicles? 

. Yes. 

3. People? 

A. Yes. 

Q. Okay. Did you know what you were looking for? 

A. I mean, like I said, when I first got there, I really didn't 

know what the actual search warrant was for. Just a document 

search warrant. That's what I heard. 

Q. Okay. And what did you understand that to mean you were to 

look for? 

A. Documents. 

Q. Documents? 

A. Yes. 

3. Anything more specific than just documents? 

A. I have to read over what's in the actual search warrant. 

2 I'm asking you what you knew. 

A. What do I usually search? 

2. No. What did you know that day since you haven't seen the 

search warrant? 

A. Anything within the curtilage of that residence. 

2. And within the curtilaqe of that residence, you were looking 

for just documents? 

A. Correct. 

PATRICIA STARKIE, RDR, CRR, Of FlClAL COURT REPORTER 

U.S. DISTRICT COURT. MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREFT, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-4 Filed 10/29/2007 Page 18 of 22
2. All riqht. Thank you. 

MR. HARMON: I have nothing further, Your Honor, but I 

did want to ask one question I neglected to ask earlier lust to 

zlarif y . 

REDIRECT EXAMINATION 

BY MR. HARMON: 

2. When you approached Mr. Jones, you were telling hlm you were 

3 police officer; is that correct? 

A. Correct. 

2 And did you hear Mr. Crockett saying the sarr~e thing? 

4- I heard him say it also. 

MR. HARMON: That's all the questions I have, Your 

Honor. 

MR. MADDOX: May 1 ask one more question, Judge? 

THE COURT: You may. 

RECROSS EXAMINATION 

BY MR. MADDOX: 

3. Do you know who actually served the physical copy of that 

search warrant on anybody at that house? 

. Was it actually served? I think it was actually given to 

the mother. 

3. By whom? 

A, I believe by myself, because I actually -- I believe. 

Because I actually -- the search warrant is actually put into a 

box and is actually -- actually with the actual inventory. And 

- - 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREE~, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-4 Filed 10/29/2007 Page 19 of 22
during the process, she got a copy of it. But at the end of the 

day, she has a copy of that and the inventory sheet showing her 

what was taken from the residence. 

Q. All right. And was it two pages, then, or three? The 

search warrant and the inventory. How many pages did that 

constitute? 

A. I'm going to believe lt was two. 

Q. Just the one-page search warrant with the inventory as the 

second page? 

A. I believe. I'm not for sure that day. 

Q. All right. Who served the second search warrant? 

A. I'm not for sure. 

Q. Okay. 

A. If anything, it would have been me, because everything comes 

down to -- at the end of the day, the search warrant, she gets a 

copy of both search warrants. She should get a copy of both 

search warrants and then a copy of the inventory sheets. So I'm 

believing, if that's what you're asking, she got a copy of two 

search warrants, She got a copy of two inventory sheets. 

Q. You can't personally say that you actually recall it, 

though, can you? 

A. That long ago, no, sir. 

Q. All right. Thank you. That's all. 

MR. HARMON: Your Honor, may thls witness be excused? 

THE COURT: I have a couple of questions. 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT. MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREFT, MONTGOMERY, AL 36 f 04 334-262-1 22 I 

Case 2:06-cv-00736-WKW-SRW Document 41-4 Filed 10/29/2007 Page 20 of 22
MR. HARMON: Yes, sir. 

THE COURT: Were you Corporal Wright at that time? 

THE WITNESS: Corporal, detective. Same thing. 

THE COURT: Same thing? 

THE WITNESS: Yes, sir. 

THE COURT: All right. Give me your best estimate of 

the distance of the chase in yards, just compared to a football 

field or whatever you want to say. You ran in the backyard, 

over the fence, through another yard to another street, two 

houses down that street, and then to the backyard of that 

house. Is that the way it happened? 

THE WITNESS: Okay. If his house was here, you have a 

house directly behind him. 

THE COURT: Right. 

THE WITNESS: So probably from where the truck was in 

the driveway to the front of that house where he took a left and 

went back, I would say that's probably about 35, 40 yards give 

or take. He took a left in front of the two houses, so that's 

another maybe 30 more yards. And as soon as he took that next 

left, like he was headed back towards the residence, that's when 

nc more than probably about 10 -- 7, 10 yards. 

THE COURT: 7 to 10? 

THE WITNESS: 7 to 10 yards, give or take. 

THE COURT: So at the outside, it would be 40, 30, and 

10, would be 80 yards? 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 7 04 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-4 Filed 10/29/2007 Page 21 of 22
THE WITNESS: Give or take, yes, sir. 

THE COURT: Running hard and fast? 

THE WITNESS: Yes. 

THE COUAT: Now, when you got nlm on the ground, did he 

stop and let you catch him or did you just -- he tripped over 

his pants? 

THE WITNESS: He was tripping as I grabbed ahold of 

him. 

THE COURT: How long did it take you to cuff him? 

THE WITNESS: Didn't take long at all. 

THE COURT: Did you take time to read his rights or dc 

any other kind of investigation there where you stopped him? 

THE WITNESS: No, sir. 

THE COURT: All right. So you basically cuffed him, 

stood him up, gathered up the evidence, and somebody -- 

THE WITNESS: Transported him back. 

THE COURT: -- transported him back. You said yau went 

back the back way? 

THE WITNESS: I jumped over the fence. 

THE COURT: Went back over the fence? 

THE WITNESS: Yes, sir. 

THE COURT: So from the time the chase started and the 

time you got back to the house, which would have been less than 

1CO yards, how long wauld that have been? 

THE WITNESS: Judge, I really -- I mean, it was pretty 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF AUBAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-4 Filed 10/29/2007 Page 22 of 22
quick. It was happening so quick, I couldn't tell you. I mean, 

it was just quick. After he jumped the fence and we ran and ran 

and -- it was just quick. 

THE COURT: Okay. 

THE WITNESS: I couldn't tell you exactly how long it 

was. 

THE COURT: All right. That's all I have. 

MR. HARMON: Nothing further from the United States, 

Your Honor. 

THE COURT: I'm sorry? 

MR. HARMON: Nothing further from the United States. I 

ask the witness be excused. 

THE COURT: Okay. He may be excused unless there is an 

objection. 

(Witness excused.) 

MR. HARMON: We would call Todd Wheeler. 

TODD WHEELER, the witness, having been duly sworn, 

testified as follows: 

DIRECT EXAMINATION 

BY MR. HARMON: 

. Sir, would you state your name, please. 

. Todd Wheeler. 

IERNMENT'S 

EXHIBIT 

9 I 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY. AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-5 Filed 10/29/2007 Page 1 of 23
A. W-H-E-E-L-E-R. 

Q. And where are you employed, sir? 

A. Montgomery Police Department. 

Q. What's your rank there? 

A. Lieutenant. 

Q. How long have you been employed with the Montgomery Police 

Department? 

A. Almost ten years. 

Q. Sir, I'm going to direct your attention to March the 31st of 

2006, and specifically in the execution of a search warrant or 

warrants, I should say, at a Shades Valley address in 

Montgomery, Alabama. Do you recall that date? 

A. Yes, sir. 

Q. What was your job on that occasion? 

A. I'm primarily a SWAT officer, so I was primarily there as 

backup for narcotics officers. They were relatively short that 

day, so when they executed the document search warrant, I was 

going to be an additional body to help them clear the residence. 

Q. And you say they were relatively short. You mean as far as 

personnel? 

A. As far as personnel numbers. That's correct. 

Q. Did you recover items during the course of the execution of 

these warrants? 

A. Yes, I did. 

MR. HARMON: Your Honor, may I approach this witness? 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-5 Filed 10/29/2007 Page 2 of 23
THE COURT: You may. 

Q. I'm going to show you, sir, what's been marked for 

identification as Government's Exhibit 3. Would you take a look 

at that, please, sir. Do you recollect that -- the items 

depicted therein? 

A. No, I don't. 

Q. Let me see, then. Let me show you what's marked as 

Government's Exhibit 4. Do you recollect that item? 

A. Yes, I do. 

Q. Where was that located to your recollection? 

A. That was partially under the bed. It was stuffed up under 

the bed to the corner of the bed. And actually, the bag was 

folded down, but you could see some bills within that bag. 

Q. And was that -- that's something you saw? You were the 

initial person to see that? 

A. Yes, sir. I was the first to see it when I cleared the 

room. 

Q. Does that picture accurately depict the condition of the 

money when you first observed it? 

A. Yes, it does. Meaning accurately depict where the money was 

located? 

Q. That's correct. 

A. Yes. At the corner of the bed, yes, sir. 

Q. When you initially found the money, though, where was it 

located? 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-5 Filed 10/29/2007 Page 3 of 23
A. At the corner of the bed, but the bag was stuffed to the 

side here where -- I don't know what -- this bucket or black 

thing, but it was stuffed to the side of the bed back there with 

these items. 

Q. Was it readily observable? 

A. Yes. Oh, absolutely. 

Q. Would you look at what's been marked as Government's Exhibit 

5, please. Would you identify that? 

A. Yes. That would be the money that was contained within the 

bag. 

Q. And that is a picture of the money actually that's been 

extracted from the bag as depicted in the earlier exhibit? 

A. That's correct. 

Q. And does that picture accurately reflect the condition of 

the money when you found it? 

A. Yes, sir. 

MR. HARMON: Your Honor, I'm going to offer into 

evidence Government's 5 and 4, please, sir. 

THE COURT: Any objection? 

MR. MADDOX: No objection, Your Honor. 

THE COURT: Admitted over no objection. 

Q. Sir, what did you do with those items after you recovered 

them -- excuse me -- after you found them? 

A. After they were -- after the items were found, I basically 

noted where the items were at, and I informed a narcotics 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-5 Filed 10/29/2007 Page 4 of 23
officer of where the items were and what I had located there. 

Being in SWAT, I don't usually deal with retrievals or anything 

else like that, so I informed them so they could photograph the 

evidence. 

Q. Do you know who was the officer who noted the items? Do you 

recall? 

A. Yes. I believe that it was Detective Bentley. 

Q. Who was the evidence officer at that time? 

A. I want to say it was Detective Bentley. I can't be 100 

percent positive. 

Q. Will you answer Mr. Maddox's questions, please. 

A. Yes, sir, I will. 

CROSS EXAMINATION 

BY MR. MADDOX: 

Q. Is it Lieutenant Wheeler? 

A. Yes, sir. 

Q. All right. Lieutenant Wheeler, you went in and saw, as I 

understand it, that bag sticking out from under the edge of the 

bed; is that correct? 

A. That's correct, sir. The paper bag. 

Q. Okay. What did you do when you saw it? 

A. I held it right there, meaning I didn't touch the bag. What 

I did was noted where it was. And when I located the bag, I 

still partially flipped up the bed because what we do is we 

completely dominate the residence to make sure that there's no 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-5 Filed 10/29/2007 Page 5 of 23
personnel withinside the residence, and you do something called 

backtracking and clearance. You normally check closets, up 

under beds and everything else to see if anybody had hid up 

under there. 

Q. Okay. And was it readily apparent that it was money in the 

bag when you looked at it? 

A. Yes, sir, at least from what I could see from the top of the 

bag. 

Q. Uh-huh (positive response). 

A. That there was money. I wouldn't know, you know, what was 

under that. 

Q. Who actually took it out and -- out of the bag? 

A. I believe, to the best of my recollection, that would be 

Detective Bentley. 

Q. Okay. Could you tell how much money was there before it was 

taken out of the bag? 

A. No, sir. 

Q. And what did you understand you were there for? 

A. I understood that what we were there for is the execution of 

a document search warrant. 

Q. Okay. So you wouldn't have gone into that house but for 

being told that there was a search warrant to search the house 

for documents; is that right? 

A. That would be correct. 

Q. In fact, you wouldn't have even entered on the property, the 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREIT, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-5 Filed 10/29/2007 Page 6 of 23
- -- 

yard, even, had you not been under the impression that there was 

a search warrant; is that right? 

A. Well, I wanted -- my role -- I'm trying to explain this to 

you. My role at that day was to support narcotics. 

Q. Yes, sir. 

A. So if they had -- besides the document search warrant, if 

they were conducting surveillance on that residence, if they had 

probable cause to believe that narcotics activity was occurring 

there or anything else, and they called us, I would have to rely 

on what they just told me to go there and support a narcotics 

officer at the scene. 

Q. Yes, sir. And my question is simply this: Had they not 

told you they had to serve a search warrant there, you would 

never have entered on the property, would you? 

A. I'm sorry. One more time. Can you rephrase that to me one 

more time? 

Q. Okay. Had narcotics officers, whoever they may have been, 

not told you that they had a search warrant for that residence, 

a document search warrant, you wouldn't have even entered on the 

property, much less gone in the house, would you? 

A. No. I wouldn't have had a reason to enter in the property. 

Q. That's all. Thank you. 

MR. HARMON: Nothing further, Your Honor, for the 

United States. 

THE COURT: Okay. You may be excused. 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-5 Filed 10/29/2007 Page 7 of 23
MR. HARMON: Thank you, Your Honor. 

MR. MADDOX: No objection. 

(Witness excused.) 

MR. MADDOX: Your Honor, the United States calls 

Kristen Bentley. 

KRISTEN BENTLEY, the witness, having been duly sworn, 

testified as follows: 

EXAMINATION 

BY MR. HARMON: 

Q. Ma'am, would you state your name, please, and spell your 

first and last names. 

A. Corporal K. C., K-R-I-S-T-E-N, Bentley, B-E-N-T-L-E-Y. 

Q. And Corporal, where are you employed? 

A. Montgomery Police Department Narcotics Bureau. 

Q. How long have you been so employed? 

A. In narcotics since June of 2004. 

Q. How long have you been total with the police department? 

A. Approximately eight years. 

Q. I'm going to direct your attention to March the 31st of the 

year 2006 and specifically to the execution of a warrant at a 

West Shades Valley address in Montgomery, Alabama. Do you 

recall that event? 

A. Yes, sir. 

MR. HARMON: Your Honor, may I approach the witness? 

THE COURT: You may. 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-5 Filed 10/29/2007 Page 8 of 23
Q. I'm going to show you what's been marked for identification 

purposes as Government's Exhibit 3. I think that's -- 

A. Yes, sir. 

Q. Do you recall that item? 

A. Yes, sir. 

Q. Did you observe that item? 

A. Yes, sir. 

Q. Where was it located? 

A. In a bathroom in the residence. If you're going to -- 

through the living room and turn left, which is actually headed 

south, I believe, and you go towards the back bedroom, just 

before you get to that back bedroom there is a bathroom directly 

to your right. In that bathroom, when you open the cabinet 

under the sink, that's where that was located. 

Q. And what did that item appear to be to you? I'm talking 

about the ziplock bag there. 

MR. MADDOX: May I watch the proceedings? 

THE COURT: You may. 

A. It appeared to be a ziplock bag that contained powder 

cocaine, and it was partially in a compressed form. 

Q. And did you -- what did you do with the item after you 

discovered it? 

A. Photographed it. 

MR. HARMON: Your Honor, at this time I would offer 

into evidence Government's Exhibit 3. 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COLIRT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-5 Filed 10/29/2007 Page 9 of 23
THE COURT: Any objection? 

MR. MADDOX: No objection. 

THE COURT: Admitted over no objection. 

Q. Corporal Bentley, after you photographed the item, what was 

done with the item after that? 

A. I recovered it and took it to the evidence officer, who 

would have been Corporal Wright. 

Q. Will you answer Mr. Maddox's questions, please, sir. 

A. Yes, sir. 

EXAMINATION 

BY MR. MADDOX: 

Q. At what time did you find that item you just testified 

about? 

A. I believe, if I'm not mistaken, that it was 11:42. 

Q. That was after a second search warrant was purportedly 

obtained? 

A. Yes, sir. 

Q. Okay. Were you there when the first search warrant was 

purported to be served? 

A. Yes, sir. 

Q. Who actually served the search warrant? 

A. I know myself and Sergeant Wheeler and Sergeant Wright were 

there. As we approached the house, Lieutenant Crockett and 

Corporal Wright were -- their attention was distracted by 

chasing the individual that ran. I believe Sergeant Wright 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 I 

Case 2:06-cv-00736-WKW-SRW Document 41-5 Filed 10/29/2007 Page 10 of 23
detained the other individual that was there, Otis Jones, and 

she and sergeant -- well, Sergeant Wheeler at the time. He's 

now Lieutenant Wheeler. The three of us, and I cannot remember 

if there was another person there with us or not, that actually 

went to the door and stayed with the mother and went into the 

residence. 

Q. Went into the residence? 

A. Right. 

Q. All right. But who had the search warrant? 

A. Corporal Bartlett. 

Q. Was he there? 

A. At the time that we went into the residence, no, sir. 

Q. Okay. Do you know what the search warrant authorized you to 

search for? 

A. A document search warrant, which is a standard document 

search warrant that we use. All of them are basically derived 

from a template, and you would know what all of them are going 

to say. They're not going to be one different from the other. 

Q. Okay. And the judges always issue the same one for you? 

A. Yes, sir. 

Q. Okay. Now, the search warrant that we're talking about, the 

first one, did you ever see it? 

A. I don't recall if I saw it or not. I could have seen it 

when Corporal Bartlett arrived, or I might not have seen it. I 

don't know. 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-5 Filed 10/29/2007 Page 11 of 23
Q. And do you know what the proper actions -- 

You were acting under Alabama law with an Alabama search 

warrant, weren't you? 

A. Of course. 

Q. Do you know what the proper procedure for serving a search 

warrant is? 

A. As far as a document search warrant or drug search warrant, 

or are you referring to any search warrant? 

Q. Let's say a document search warrant, since that's what we're 

talking about. What's the procedure for serving one? 

A. On a document search warrant, you knock on the door and wait 

for an individual to come to the door. Give them appropriate 

time to come to the door. You also must serve a document search 

warrant during daylight hours. 

Q. Right. But don't you have to give a copy of the search 

warrant to them when you get there? 

A. Not necessarily when you get there. They're going to have 

to have a copy of that search warrant. 

Q. Did anybody ever give them a search warrant? 

A. I'm certain that it was given to them, but I didn't give it 

to them myself if that's what you're asking. 

Q. So nobody knows that it was actually ever served, do they, 

the copy? 

A. When you serve that search warrant, you have to have served 

it, left them a copy, and then turn in the copy to the court. 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-5 Filed 10/29/2007 Page 12 of 23
Q. But you don't know who did that that day, do you? 

A. It should be Corporal Bartlett, which was the case agent. 

But Shon Wright, Corporal Wright would have been the one who 

actually executed it as the evidence officer. That's just our 

general procedure is the evidence officer is given -- once the 

case agent has obtained a search warrant, then the case agent 

will give that search warrant to the evidence officer, and 

typically the evidence officer is going to be the one to execute 

it unless there was some special circumstances, and in this case 

I don't believe there were. 

Q. Let's ask it again. I'll ask this again. 

A. Yes, sir. 

Q. You don't know who, if anyone, executed or served that 

search warrant, do you? You. You don't know, do you? 

A. I can't be for certain, no, sir. 

Q. Okay. Now, did you ever see the search warrant? 

A. I do remember seeing the search warrant as we were standing 

at the kitchen table. 

Q. What did it authorize? What did it say? 

A. I didn't read all of the content of the search warrant. 

Q. Did you check to see if the address was accurate or anything 

like that? 

A. I don't remember verifying that I looked at the numbers on 

the outside of the house, if that's what you're asking. 

Q. Did you ever see the money that was found under the bed? 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MOIVTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-5 Filed 10/29/2007 Page 13 of 23
A. Yes, sir. 

Q. Did you actually open up the packages of money and pull it 

out from under the bed, or who did that? 

A. It was -- like I said, he was Sergeant Wheeler at the time, 

but he and I were in the bedroom at the same time. He indicated 

to me as we were clearing the house to make sure there were no 

other individuals in there -- Sergeant Wheeler, Lieutenant 

Wheeler indicated that he had found some money in a bag, and he 

pointed to it. 

After we had discovered that nobody else was inside the 

residence other than Mr. Jones' mother, we eventually went back 

to the money, and he and I both unwrapped the money and counted 

the money and turned it -- he was the one who actually found it 

and turned it in to the evidence officer, but I helped him count 

it. 

Q. And that was before the second search warrant was obtained, 

wasn't it? 

A. That's correct. 

2. Okay. And, in fact, the finding of that money was part of 

what caused y'all to decide to get another search warrant? 

A. No, sir. 

3. What -- 

A. The document search warrant would have covered seizing 

the -- or would have covered us looking for currency. 

2. Okay. Where does a document search warrant allow you to 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-5 Filed 10/29/2007 Page 14 of 23
look in a house? 

A. Any place that documents could be kept. 

3. Okay. So if I wrote down drug information on a little three 

by five card and folded it all up and put it into one of these 

3pen-up match boxes and closed it back up, and it's in a 

natchbox like that, that document search will let you look in 

there, won't it? 

. That's correct. 

2. And if my mother lives in my house and she's got a diary in 

her bedroom with Diary of Mama Maddox on it, it allows you to 

3pen that up and read it to make sure there's no drug 

information, doesn't it? 

. That would be correct. 

2. A11 right. 

MR. MADDOX: No more questions. Thank you. 

THE COURT: Anything further? 

MR. HARMON: Nothing further from the United States, 

Your Honor. 

THE COURT: May she be excused? 

MR. MADDOX: No objection. 

THE COURT: You're excused. Thank you. 

(Witness excused.) 

THE COURT: Who's your next witness? 

MR. HARMON: Your Honor, Scott Edwards. 

Your Honor, if I neglected, I want to offer into 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-5 Filed 10/29/2007 Page 15 of 23
evidence Government Exhibit 37. 

THE COURT: It's offered and admitted. 

SCOTT EDWARDS, the witness, having been duly sworn, 

testified as follows: 

DIRECT EXAMINATION 

BY MR. HARMON: 

Q. Will you state your name, please, sir. 

A. Scott Edwards. 

Q. And spell your first and last names. 

A. S-C-0-T-TI E-D-W-A-R-D-S. 

Q. And how are you employed, sir? 

A. With the City of Montgomery, Montgomery Police Department, 

currently assigned to the narcotics bureau. 

Q. Okay. How long have you been so employed? 

A. Been employed with the police department for 13 years and 

assigned to the narcotics bureau for seven. 

Q. Sir, I want to direct your attention back to March 31st of 

2006. Did you have any type of special appointment, any special 

type of service you were providing for the Montgomery Police 

Department at that time? 

A. Yes, sir. 

Q. What was that? 

A. I was contacted by one of my supervisors who advised me that 

they had just executed a search warrant on West Shades Valley. 

I went there, and they told me they had a large amount of 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COLIRT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-5 Filed 10/29/2007 Page 16 of 23
currency that they wished to seize along with an amount of 

cocaine that was also seized. 

Q. Did you actually participate in any of the events leading up 

to the discovery of the money and the narcotics? 

A. No, sir. 

Q. Did you question an individual as a result of the findings 

that were relayed to you by the other officers? 

A. Yes, sir, I did. I spoke to Mr. Otis Jones. 

I advised him of his rights. I asked him if he knew where 

the money came from or whose money it was. He stated that a 

subject he only knew by the name of Boo gave it to him. I asked 

Mr. Otis Jones where Boo got the money from, and he stated, oh, 

man, you know. It's dope money. 

MR. MADDOX: Your Honor, I'm not sure why we're talking 

about Otis Jones. I think I object to this. In fact, I do. 

THE COURT: It's a little late. Overruled. 

Q. If you will, sir, did you -- the individual you spoke with, 

can you identify him in the courtroom? The individual who gave 

you that information? 

A. I do not see Mr. Otis Jones, to my recollection, no. 

Q. All right. Was Mr. Jones -- he was Mirandized, I think you 

said? 

A. Yes, sir, I advised Mr. Otis Jones of his Miranda rights. I 

asked -- I also advised Mr. George Jones if he -- Mr. George 

Jones stated he did not wish to give a statement. 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY. AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-5 Filed 10/29/2007 Page 17 of 23
MR. HARMON: That's all the questions I have, Your 

Honor. 

CROSS EXAMINATION 

BY MR. MADDOX: 

Q. Did you go to the residence of George Jones at any time that 

day? 

A. Yes, sir, I did. 

Q. At what point did you get there? What time of day, your 

best recollection? 

A. I do not remember. It was close to them finishing the 

search warrant. 

Q. Which search warrant? 

A. Both search warrants. 

Q. Oh, okay. So it would have been around the noon hour? 

A. I do not recall the exact time. 

Q. Okay. Did you ever see the search warrants at the 

residence? 

A. I do not recall if I actually looked at the search 

warrants. 

Q. Who had the -- who got the search warrants? 

A. Who applied for the search warrants? 

Q. Yes, sir. 

A. Detective Bartlett. 

Q. Okay. Do you have any personal knowledge -- Let me withdraw 

that. 

PA'TRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-5 Filed 10/29/2007 Page 18 of 23
Were you with him or did you hear him during the course of 

his attempting to obtain the search warrants? 

A. No, sir, I was not. 

Q. Is it your understanding that Corporal Stillman obtained the 

second one? 

A. Yes. 

Q. And was that based on information, as far as you know, that 

Bartlett gave to him? 

A. Yes, sir, to the best of my knowledge. 

Q. Okay. You have no personal knowledge of whether the search 

warrants were actually served, physically served that day or 

not, do you? 

A. Are you asking me did I see them serve them to the 

homeowner? 

Q. Yes, sir. 

A. No, sir, I did not. 

MR. MADDOX: No more questions. 

MR. HARMON: Nothing further from the United States, 

Your Honor. 

THE COURT: Okay. You may be -- go back to your seat. 

MR. HARMON: Your Honor, the United States has no 

further witnesses. 

THE COURT: Okay. United States has rested. What's 

the intention of the claimant? 

MR. MADDOX: The claimant does not intend to call 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-5 Filed 10/29/2007 Page 19 of 23
witnesses, Your Honor. 

THE COURT: All right. This case is set for trial 

when? 

MR. HARMON: Third week in October. 

COURT CLERK: 10/15. 

THE COURT: I thought I'd entered an ordered to put it 

back one week. Maybe it's another case I'm thinking about. Set 

for October 15th? 

MR. HARMON: Yes, sir, that's what I'm showing. 

THE COURT: All right. As for the motion to suppress, 

I'll give each side seven days to get me a brief analyzing the 

evidence that we have with respect to the motion to suppress. 

With respect to completing the pretrial, I've already 

told the claimant I'll give you till Monday to get your 

contentions in. There's probably some more facts you can 

stipulate to, but it being a nonjury case, just do the best you 

can. And resubmit, if you would, Mr. Harmon -- 

I guess you're the one that submitted the proposed 

pretrial order? 

MR. HARMON: Yes, sir. 

THE COURT: All right. Give me as many stipulations as 

you can and the contentions. 

Are there any discovery issues or other issues 

outstanding? I'm not aware of any. 

MR. MADDOX: Judge, I'm not aware of any either. 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-5 Filed 10/29/2007 Page 20 of 23
MR. HARMON: I'm not aware of any, Your Honor. We have 

taken Mr. Jones' deposition, and there's been no discovery 

issues. 

MR. MADDOX: Might I request until Monday week to file 

my brief? I have an evil deadline next week. 

THE COURT: Monday week would be fine, and that would 

be the 17th perhaps? 

MR. MADDOX: Yes, sir. Thank you, Your Honor. 

MR. HARMON: That would be for both parties, Your 

Honor? 

THE COURT: Both parties, yes. And I won't take any 

reply briefs. I just want -- and I'm not requiring you to file 

a brief, but if you want to file a brief, you've got until then 

to do it. 

Now then. As for the actual trial, the way these 

things go, how much more evidence are we going to have at 

trial? 

MR. HARMON: Your Honor, I would tell the Court, in all 

candor, I believe we just about covered the gamut. There may be 

a few other things, but for the most part, the Court has heard 

the vast majority of the government's evidence -- 

THE COURT: The government's case? 

MR. HARMON: The government's case. That's correct, 

your Honor. I speak only for the government. 

MR. MADDOX: Suffering from the disability of having a 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-5 Filed 10/29/2007 Page 21 of 23
pending state criminal case against the claimant, Your Honor, 

we're rather limited in what we can offer by way of testimony in 

this case. I would anticipate, and I might have as many as two 

witnesses, but I do not believe they would be very lengthy 

witnesses. 

THE COURT: So we can dispose of this case in half a 

day probably? 

MR. MADDOX: If you don't let me do closing argument, 

yes, sir, I think so. 

MR. HARMON: I do believe so, Your Honor. I would add 

there is one -- I want to make sure Mr. Maddox is aware of this; 

that during the course of his deposition, Mr. Jones did take the 

Fifth. I understand Mr. Maddox is in a quandary here and 

probably that he will not testify. But if that should change in 

the interim, United States will object to Mr. Jones testifying 

because of this assertion of the Fifth. I just want to make 

sure that's clear. That is an issue that -- we can brief that 

or have that before the Court until -- before it gets to trial 

time. 

THE COURT: Then I would suggest that you file a motion 

in limine, if you would, and we can get the claimant's 

response. I'll issue a standard pretrial order after I get your 

contentions. And if you're going to get contentions by Monday, 

then you can, say, by next Tuesday or Wednesday have a revised 

proposed pretrial order. I'll get one out within a week. 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-5 Filed 10/29/2007 Page 22 of 23
And I suppose at this point settlement is not an 

issue? 

MR. HARMON: I would say, Your Honor, the chances of 

settlement are very slim. 

THE COURT: All right. Anything further? 

MR. MADDOX: No, sir. 

THE COURT: Okay. I'll take your arguments in writing 

and your analysis of what we heard today, and I'll get you an 

opinion. We're adjourned. Thank you. 

(Proceedings concluded at 3:50 p.m.) 

COURT REPORTER'S CERTIFICATE 

I certify that the foregoing is a correct transcript 

from the record of the proceedings in the above-entitled matter. 

This 11th day of October 2007. 

Is/ Patucla G. Starkk . . 

Registered Diplomate Reporter 

Certified Realtime Reporter 

Official Court Reporter 

PATRICIA STARKIE, RDR, CRR, OFFICIAL COURT REPORTER 

U.S. DISTRICT COURT, MIDDLE DISTRICT OF ALABAMA 

ONE CHURCH STREET, MONTGOMERY, AL 36 104 334-262-1 22 1 

Case 2:06-cv-00736-WKW-SRW Document 41-5 Filed 10/29/2007 Page 23 of 23