About this transcript: This is a full AI-generated transcript of Chris Melton Cross Examination - GA v Edrick Faust - Tara Baker Trial from courtCHOPT, published October 30, 2026. The transcript contains 17,781 words with timestamps and was generated using Whisper AI.
"Good morning, Mr. Melton. My name is attorney Amai Cruz. I have the privilege and honor of representing Mr. Falls. And under the authority of this court, I'm going to ask you some questions, okay? Certainly. Okay. Why didn't you cry? When? Just now. Why didn't any tears fall out of your eyes? They..."
[00:00:00] Amai Cruz: Good morning, Mr. Melton. My name is attorney Amai Cruz. I have the privilege and honor of representing Mr. Falls. And under the authority of this court, I'm going to ask you some questions, okay? Certainly. Okay. Why didn't you cry? When? Just now. Why didn't any tears fall out of your eyes?
[00:00:17] Mr. Melton: They are falling out.
[00:00:18] Amai Cruz: Well, let's talk about January 19th. Would you agree that today you were much more emotional than you were on the day that you learned of Ms. Baker's death?
[00:00:27] Mr. Melton: I was holding it together best I could.
[00:00:29] Amai Cruz: So your borderline fiancé is murdered and you were holding it together on the 19th, but 25 years later, you have a motion about it? In that moment when I'm finding this out. Mr. Melton, that's a yes or no question.
[00:00:45] Speaker 3: Judge, the witness is allowed to answer Mr. Cruz's question. That's correct.
[00:00:51] Mr. Melton: When this tragedy occurred, and I'm taking this information in, I am telling myself inside, do not collapse in this moment. Hold it together. There are other people that are also relying on you, and I had to get through this, and that's where I'm at.
[00:01:11] Amai Cruz: And who was relying on you during your initial interview with police?
[00:01:17] Mr. Melton: The police, her family, her friends, anyone who loved her.
[00:01:23] Amai Cruz: So the police were relying on you to hold it together during the interview?
[00:01:26] Mr. Melton: If I'm not holding it together, I can't think things through.
[00:01:32] Amai Cruz: Did you know that your DNA was found in Ms. Baker's anus?
[00:01:35] Mr. Melton: I was informed.
[00:01:36] Amai Cruz: Who told you that?
[00:01:38] Mr. Melton: Liz and Jeremy from the GBI.
[00:01:43] Amai Cruz: When did they tell you that? Because in the recorded interview that we have, they didn't mention that to you.
[00:01:48] Mr. Melton: That's my recollection. If I, this is...
[00:01:52] Amai Cruz: My question is when? When did they tell you?
[00:01:55] Mr. Melton: If that's not the correct recollection, I'm not sure at this moment.
[00:01:59] Amai Cruz: Let me ask you this. When was the last time you met with the state?
[00:02:03] Mr. Melton: This morning.
[00:02:04] Amai Cruz: Okay. And they talked to you about your testimony?
[00:02:07] Mr. Melton: We went over what the courtroom would be like.
[00:02:12] Amai Cruz: Okay. So this is rehearsed. Is that fair to say?
[00:02:15] Mr. Melton: I wouldn't say rehearsed.
[00:02:17] Amai Cruz: But you went over it, not just this morning. You went over it a couple of times last week. Is that right?
[00:02:23] Mr. Melton: We have established a process in which would occur in this courtroom as far as steps that are taken once I get here and whatnot.
[00:02:33] Speaker ?: Okay.
[00:02:34] Amai Cruz: So the questions that you were asked today, you already knew you were going to be asked those questions, correct?
[00:02:40] Speaker 4: Yes. Can I say something to this? Mr. Melton, would you like a slim mark or a big mark?
[00:02:54] Amai Cruz: Slim. All right. Let the record reflect that I am going to give you a black sharpie. Okay. I'd like you to write the very first time that you mentioned during your direct examination in regards to your actions or where you went on January 19, 2001. Do you understand that?
[00:03:10] Mr. Melton: Yes.
[00:03:11] Amai Cruz: May I approach the witness, Your Honor?
[00:03:12] Speaker ?: May.
[00:03:14] Amai Cruz: Can you please write the first place you went on January 19th? On that board.
[00:03:20] Speaker 3: And, Your Honor, I would ask that if Mr. Cruz is going to ask the witness to engage in whatever this is, that that be repositioned to a place where the jury can actually see it?
[00:03:31] Speaker 5: I can do that.
[00:03:32] Speaker 3: I want to start on page two. And we'd like to also be able to see it. I guess, Judge, do you want us to move or do you want him to move it over there?
[00:03:43] Speaker 6: Mr. Cruz, I think perhaps moving that back would be best for everyone to take a look at it. Thank you, Mr. Hill. Sure.
[00:03:51] Amai Cruz: Sure. Can you write the first place you went and the time that you went to that location? Okay. So, I want to make sure I'm correct. You wrote Nash Plumbing, 730 to 745. Okay. So, you remember from January 19, 2001, you went to Nash Plumbing between those times. Is that fair to say? Okay. But you could not remember when law enforcement asked you if you knew Ms. Baker was going to be alone in 2006?
[00:04:15] Speaker 5: Third, sir. Question. You can take a seat, Mr. Miller.
[00:04:19] Mr. Melton: Along the way, I'm questioned about certain things. And I pull up my best recollection. Post this, I've been traumatized. I'm grieving. My mind is certain things at certain times, it's hard to pull from. And in those moments, stressed also, in times, it's more difficult than others. In certain moments, to recollect certain things. And, sir.
[00:04:54] Amai Cruz: Let me cut you off. So, it's easier to recollect an alibi than it is to recollect whether or not the girl that you love told you that she was going to be home alone. This question is argumentative and improper.
[00:05:07] Speaker 6: Sustained.
[00:05:08] Amai Cruz: Sure. So, it's easy to remember where you went on the 19th. Is that correct?
[00:05:13] Mr. Melton: That is correct.
[00:05:14] Speaker ?: Okay.
[00:05:15] Amai Cruz: Mr. Melton, so after you left Nash Plumbing, where did you go?
[00:05:21] Mr. Melton: After I left Nash Plumbing, I went to the bank.
[00:05:24] Amai Cruz: Okay. Can you write the time that you arrived at the bank on the board? You can just put bank and then you can put the time. So, just to ask you. So, you can remember that you went to Nash Plumbing and then after that, you can remember that you went to the bank from January 19th, 2001.
[00:05:37] Mr. Melton: That's correct.
[00:05:38] Amai Cruz: But you cannot remember from January 18th whether or not Ms. Baker told you she was going to be alone?
[00:05:43] Mr. Melton: At that time, it could depend on when the question's asked. It's not, if it's in a stressful moment, I'm going through things and trying to pull from times prior to this, when I'm not trying to, what should I say, lock in on certain things previous to this, it is difficult. Would you agree with us to her death?
[00:06:14] Speaker ?: Go ahead.
[00:06:15] Amai Cruz: I didn't hear you say that one more time.
[00:06:17] Mr. Melton: I should say, it's like certain days if somebody asks you what you have for breakfast, I wouldn't, I couldn't tell you, but if I'm concentrating on after certain times, yes, I can, on certain things, but it's hard to describe.
[00:06:33] Amai Cruz: So, I'll switch gears because I do want to talk about a difficult subject with you. You mentioned that you were told that your DNA was in Ms. Baker's anus, is that right?
[00:06:41] Mr. Melton: Yes, there was a point in time I found out.
[00:06:44] Amai Cruz: And we've agreed that that time didn't occur during your recorded interview, is that right?
[00:06:50] Mr. Melton: I can't recall.
[00:06:53] Amai Cruz: That is fair. So, let me ask you this, Mr. Mellon. You would agree that Ms. Baker did not engage in anal sex with you, is that correct?
[00:07:01] Mr. Melton: That's correct.
[00:07:03] Amai Cruz: You would agree that Ms. Baker was sexually assaulted anally, is that correct?
[00:07:07] Mr. Melton: I wouldn't really know if she was sexually assaulted anally. Like, I don't know.
[00:07:12] Amai Cruz: Well, we can't have it both ways, Mr. Mellon.
[00:07:14] Mr. Melton: I don't understand.
[00:07:15] Amai Cruz: You previously stated that Ms. Bigum and Jeremy Howell told you that your DNA was in her anus. Can we agree on that? Is that fair to say?
[00:07:27] Mr. Melton: Maybe I'm mistaken on how I found that information out.
[00:07:31] Speaker 3: I'm going to object to lack of personal knowledge. Mr. Cruz is asking this witness about information relayed to him as hearsay by other witnesses who had the actual information. So, I think that's both lack of personal knowledge as well as calling for hearsay.
[00:07:50] Speaker 6: Any response to the objection, Mr. Cruz?
[00:07:53] Amai Cruz: Sure. Mr. Mellon stated that he was aware that his DNA was found in Ms. Baker's anus. He stated that Ms. Bigum and Jeremy Howell were the individuals that told him. And we're fleshing out his knowledge in regards to what he's aware of, Your Honor.
[00:08:08] Speaker 6: I think as to the form of the question, I'm going to sustain the objection. You may rephrase if you choose to do so.
[00:08:14] Amai Cruz: Yes, ma'am. Thank you. Thank you, Your Honor. But there should be no reason that your DNA should be in Ms. Baker's anus.
[00:08:19] Mr. Melton: Would you agree? I mean, other than if we have had sex and it has transferred from there and, say, drained down to that area.
[00:08:33] Amai Cruz: That is interesting that you say drain because did you know that's the exact same thing the state is arguing in this case?
[00:08:39] Mr. Melton: I mean, it makes sense, though.
[00:08:41] Amai Cruz: So, your DNA is in her anus because it drained down her anus. Is that your position?
[00:08:49] Mr. Melton: I would say that wouldn't.
[00:08:50] Speaker 3: I would say that wouldn't move. Again, Your Honor, lack of personal knowledge, lack of foundation. There's been no foundation laid that Mr. Milton's aware of these things. That would all be through GBI crime lab witnesses. They do have personal knowledge and scientific information. And so, there's no foundation for these questions. And he's asking for things that are outside of Mr. Milton's personal knowledge. He's asking about things.
[00:09:15] Amai Cruz: I would object to a speaking objection, Your Honor, and just ask the state to state the ground. Okay.
[00:09:19] Speaker 6: I'm going to overrule that objection. He was just explaining his objection. I'm going to respond in the same way as the last objection. I'm going to sustain the objection as to the form of the question. Allow you to rephrase if you choose to do so.
[00:09:30] Amai Cruz: Yes, ma'am. Thank you. Thank you, Your Honor. Thank you. Would you agree that in order for your DNA to drain into Ms. Baker's anus, you would have to have sex with her? Can we agree on that point?
[00:09:43] Mr. Melton: I would agree.
[00:09:44] Amai Cruz: Did you have sex with Ms. Baker the day of her death?
[00:09:47] Mr. Melton: No, sir.
[00:09:48] Amai Cruz: The last time you saw Ms. Baker, was it six days before or ten days before?
[00:09:54] Mr. Melton: From the beginning, I said I saw her the weekend prior.
[00:09:59] Amai Cruz: From the beginning, you've said that?
[00:10:01] Mr. Melton: Yes, sir.
[00:10:02] Amai Cruz: That you've seen her the weekend, and that has always been what you said.
[00:10:07] Mr. Melton: There was a time that I was confused, and it was 20 plus years later, and then I made a statement that I felt like maybe it was ten days prior, and I was confused at that point. Because I made, I have always said from even meeting with the detectives from the beginning that we were together that weekend, and then time had gone by, and I had made a, even spoke out publicly for the first time.
[00:10:40] Amai Cruz: Mr. Melton, to my question, is that a yes or a no?
[00:10:42] Speaker 3: So, it's in the middle of providing assistance. Again, the witness has a right to answer Mr. Craze's questions in the manner that he believes the answer should be given.
[00:10:57] Amai Cruz: It's non-responsive, Your Honor, and I would ask the state to stop the speaking objections because they are coaching the witness in the middle of his testimony.
[00:11:03] Speaker 6: Okay, I'm going to overrule that objection, and I'm going to sustain the state's objection. This witness is allowed to respond to your question, and if he's in the middle of responding, no one can interrupt. You may continue if you choose to do so.
[00:11:16] Mr. Melton: Well, time had gone by, and then I had spoken publicly at this point. It is, I have stated over and over again that we were together the weekend before, and then there was a point in time that Tara's mother had stated that she was at her house.
[00:11:37] Speaker 3: I am going to object to hearsay.
[00:11:39] Speaker 6: I am going to sustain that objection.
[00:11:42] Amai Cruz: You got to keep? Yes. I don't want to send the jury out, but I would like to approach to understand the parameters of which I could. Your current residence, I won't say your address, but your current residence is the same residence that your parents stayed in in 2001. Is that correct?
[00:11:57] Mr. Melton: That's correct.
[00:11:58] Speaker ?: Okay.
[00:11:58] Amai Cruz: And at that time, you stayed in the basement. Is that correct?
[00:12:01] Mr. Melton: At that time, I would have been on the second story.
[00:12:05] Amai Cruz: Forgive me, I asked that question wrong. I asked that question wrong. The week before Tara's death, you went to your parents' home. Is that correct? That's correct. During that time, you stayed in the basement. Is that right?
[00:12:17] Mr. Melton: No, sir. I think it was in my old bedroom in the second story.
[00:12:20] Amai Cruz: Of course, indulgence. So, Mr. Milton, this isn't the first time you've been asked that question, is it?
[00:12:28] Mr. Melton: I can't quite remember.
[00:12:30] Amai Cruz: Okay. Do you recall on May 5th, 2024, being asked where you resided when you went to your parents' home the week before Ms. Baker's death?
[00:12:38] Mr. Melton: I don't recall the question.
[00:12:41] Amai Cruz: Say that one more time. You don't recall what now?
[00:12:42] Mr. Melton: I don't recall.
[00:12:44] Amai Cruz: Being asked that question?
[00:12:46] Mr. Melton: Yes, sir.
[00:12:46] Amai Cruz: Okay. Do you recall making the statement, so I was working there and driving back and forth. Well, my parents, we had a furnished basement. So then that's where I was. Do you recall making that statement?
[00:12:59] Mr. Melton: I don't recall making the statement, but it seems okay.
[00:13:04] Amai Cruz: Judge, I move to introduce as defense exhibit number 32, Mr. Milton's May 5th, 2024 interview with Ms. Elizabeth Bigham. Minute mark is 1442 through 1448. And before I introduce this, you do recall speaking with Ms. Bigham. Is that correct? That's correct. I would ask to play minute mark 1442 through 1448 into the record.
[00:13:43] Speaker 6: All right. Any objection from the state?
[00:13:47] Speaker 3: I don't think any of the foundation for proper admission has been laid. However, if this is that interview, the state would stipulate to the foundation for the admissibility.
[00:14:00] Speaker 6: Can you all confer about whether that's accurate since you're offering to stipulate? All right. You may proceed. And it is. Are you asking to admit it, Mr. Cruz? Yes, ma'am. All right. Just that portion. Mr. OK, Mr. Yellam and Chile, are you objecting to what Mr. Cruz has just offered into evidence, that particular disc?
[00:14:22] Speaker 3: I don't have a transcript pulled up, Judge, but accepting Mr. Cruz's representation that what he's going to play is the answer that he just asked Mr. Milton about that he didn't recall, I don't have any objection.
[00:14:35] Speaker 6: And it is that minute mark that the defense has just articulated is admitted. Thank you, Your Honor. And you said that was what, Mr. Cruz? I'm sorry, 14.
[00:14:44] Amai Cruz: 1442.
[00:14:46] Speaker 6: Thank you.
[00:14:47] Amai Cruz: Go ahead. Through 1448.
[00:14:49] Speaker ?: OK.
[00:14:51] Speaker 7: I was working there and driving back to a pool with my parents. We had a few space men. And that's where I was keeping in, well, pretty much, Jersey. I was working there and driving back to a pool with my parents. We had a few space men. And that's where I was keeping in, well, pretty much, Jersey.
[00:15:09] Amai Cruz: OK, did you hear that? I was driving back and forth. We pretty much had a huge basement. That's where I was. I was keeping and then I cut the audio off.
[00:15:18] Mr. Melton: I hear that.
[00:15:19] Amai Cruz: So you were staying in the basement. Is that correct?
[00:15:22] Mr. Melton: I would stay. And there's times I stay in both. We had a finished basement and I had the bedroom upstairs. OK. And the furnished basement was set up as a place to stay, a place to hang out for whoever. And it's also responsive.
[00:15:39] Speaker 6: Overruled.
[00:15:42] Mr. Melton: The finished basement would have couch, sofa, TV, things in my old bedroom upstairs also had a bed and so forth. And I would stay and, you know, hang out in one, stay in the other, depending on who was there at the time, you know, if we had visitors or whatnot. So I would stay in the basement if nobody else was using it.
[00:16:13] Speaker 6: I'm going to overrule the objection. Yes, ma'am. You may continue.
[00:16:17] Mr. Melton: So with that being said, I feel like kind of both are true. I had my old bedroom and they had a furnished basement.
[00:16:24] Amai Cruz: I'd like to show you what's been marked as Defense Exhibit 33 and Defense Exhibit 34. Let the record reflect that I'm showing Mr. Melton what has been marked as Defense Exhibit 33 and Defense Exhibit 34. And Mr. Melton, you recognize Defense Exhibit 33 and Defense Exhibit 34 as photographs of your house. Is that correct? That's correct. And I believe Defense Exhibit 33 is the side of your house and Defense Exhibit 34 is the back side of your house. Is that right? That's correct. Y'all and I would move to, oh, have those photographs been altered in any way?
[00:16:58] Mr. Melton: No.
[00:16:58] Amai Cruz: And that's a fair and accurate depiction of your home. Is that correct?
[00:17:01] Mr. Melton: Correct.
[00:17:02] Amai Cruz: Y'all and I would move to admit Defense Exhibit 33 and Defense Exhibit 34 into evidence.
[00:17:07] Speaker 6: No objection. They are admitted.
[00:17:09] Amai Cruz: Now, Mr. Melton, you would agree there is a reason why you would say that you were standing in the second story of the house, correct?
[00:17:16] Mr. Melton: As far as?
[00:17:17] Amai Cruz: As far as there is a backdoor exit on the basement. I believe that's Defense Exhibit 34, if I'm not mistaken. Is that right?
[00:17:25] Mr. Melton: There's a basement exit. Yes, sir.
[00:17:28] Amai Cruz: And there's also a side exit from the basement, which was Defense Exhibit 33. Is that correct?
[00:17:33] Mr. Melton: There's one exit. There's a door on the backside that goes into like a dead space that's more for access.
[00:17:41] Amai Cruz: So, Defense Exhibit 34, the backside is a door to enter and exit the basement where you don't have to go in the house. Is that right?
[00:17:49] Mr. Melton: The side door would be. The back door is not.
[00:17:54] Amai Cruz: But either way, there's an exit in, excuse me, there's an exit from the basement and the entrance into the basement. Is that right?
[00:17:59] Mr. Melton: That's correct.
[00:18:01] Amai Cruz: Now, do you recall your parents talking to law enforcement?
[00:18:07] Mr. Melton: They did.
[00:18:09] Amai Cruz: And they were one of your alibi witnesses. Is that right? Were you aware of that?
[00:18:12] Mr. Melton: You know, I would say yes. They knew I was there.
[00:18:17] Amai Cruz: And you're their only child? I am. And by the time law enforcement spoke with them, you had been staying with them for four months. Is that correct?
[00:18:25] Mr. Melton: I had started staying with them after this incident. Yes. So, yes.
[00:18:30] Amai Cruz: After Tara's passing?
[00:18:31] Mr. Melton: That's correct.
[00:18:32] Amai Cruz: So, if any other witness said you moved home months before, that would be untrue?
[00:18:38] Mr. Melton: That's correct.
[00:18:40] Amai Cruz: I want to talk to you about Ms. Baker a little bit, okay? We'll switch gears and come back to some of this stuff. Would it be fair to describe Ms. Baker as super friendly?
[00:18:49] Mr. Melton: That would be a fair statement.
[00:18:51] Amai Cruz: You would also describe her as down to earth?
[00:18:54] Speaker 5: Correct.
[00:18:56] Amai Cruz: She did not have any racial biases?
[00:18:59] Speaker 5: No, sir.
[00:19:01] Amai Cruz: And although she was a law student, you would agree that she was not pretentious?
[00:19:06] Mr. Melton: I mean, no, sir. Not unless it's for little specialty things like her collections of things, you know, but no.
[00:19:16] Amai Cruz: Now, is it fair to describe Ms. Baker as a casual dresser, shorts, hiking boots, sweat top type of a girl?
[00:19:24] Speaker 5: Yes, sir.
[00:19:26] Amai Cruz: She was more of a flats over heels kind of girl. Is that fair to say?
[00:19:30] Mr. Melton: Fair to say.
[00:19:30] Amai Cruz: And she had more of a, on her day-to-day appearance, she had more of a casual appearance that did not include daily makeup. Is that right?
[00:19:39] Mr. Melton: I would say, I mean, light makeup, if any.
[00:19:42] Amai Cruz: I'd like to show you what would be marked as defense as Zimit 35. You know, I'd like to approach the witness to show them defense as Zimit 35. Do you recognize the photo of Ms. Baker?
[00:19:53] Speaker 5: It's Ms. Baker. It's Tara.
[00:19:55] Amai Cruz: And is that how Ms. Baker, makeup-wise, hair-wise, is that how she carried herself mostly on a daily basis?
[00:20:00] Mr. Melton: I'd say yes.
[00:20:01] Amai Cruz: And that's the fair, accurate depiction of Ms. Baker as you, as you will remember her?
[00:20:07] Mr. Melton: I'd say yes, sir.
[00:20:08] Speaker ?: Okay.
[00:20:08] Amai Cruz: Your Honor, I would move to admit defense as Zimit 35 into evidence.
[00:20:12] Speaker 6: Any objection?
[00:20:13] Amai Cruz: No objection, Judge.
[00:20:14] Speaker 6: He's admitted.
[00:20:15] Amai Cruz: Thank you, Your Honor. Now I'd like to ask you about the times that you visited Ms. Baker's home at Deer Park. Is that okay?
[00:20:20] Mr. Melton: Okay.
[00:20:21] Amai Cruz: All right. Is it fair to say that you've probably visited Deer Park more times than you could count?
[00:20:28] Mr. Melton: I mean, she wasn't there a terribly long time, but I would say, yeah. I mean, there's, we've been there so many times.
[00:20:37] Amai Cruz: Okay. And during the times that you'd visit Ms. Baker's apartment, you'd see normal foot traffic. Is that fair to say?
[00:20:44] Mr. Melton: That's fair to say.
[00:20:47] Amai Cruz: And that foot traffic was due to a Walmart being on the opposite side of the neighborhood. Is that correct?
[00:20:52] Mr. Melton: I'd say there's a Walmart, yes, sir.
[00:20:57] Amai Cruz: Now, the majority of that foot traffic, it was African-Americans walking. Is that fair to say?
[00:21:02] Speaker 5: It's fair to say.
[00:21:05] Amai Cruz: And those African-Americans were typically in the late teenage, young adult range. Is that correct?
[00:21:13] Speaker 5: I would say it would vary, but I would say young teenagers, I would say.
[00:21:21] Amai Cruz: Now, in regards to Ms. Baker's passing, on January 19th, you testified that you went to the scene of Ms. Baker's death.
[00:21:29] Mr. Melton: That's correct.
[00:21:30] Amai Cruz: And while at the crime scene, you were asked to identify Ms. Baker. That's correct. Okay. And you were shown a single photo of Ms. Baker. Is that right?
[00:21:38] Speaker 5: That's correct.
[00:21:41] Amai Cruz: And I'll let the record reflect that I'm showing the state what has been marked as defense exhibit 36. Let the record reflect that I'm showing Mr. Melton what has been marked as defense exhibit 36. Do you recognize that photo?
[00:21:55] Mr. Melton: I don't believe it's the photo I saw.
[00:21:58] Amai Cruz: This was the photo that you were shown to ask to identify Ms. Baker?
[00:22:01] Mr. Melton: No.
[00:22:02] Amai Cruz: This was not the photo.
[00:22:03] Mr. Melton: I don't believe that was the photo.
[00:22:05] Amai Cruz: Can you describe the photo that you were shown to identify Ms. Baker?
[00:22:12] Speaker 5: I believe that her head was turned slightly, and there's coverage that I...
[00:22:20] Amai Cruz: Mr. Melton, you're just shown the photograph of Ms. Baker's deceased, and you have not shed a tear. No. I think I need a moment, like... Sure.
[00:22:36] Speaker 5: Is it all together?
[00:22:37] Speaker ?: Okay.
[00:22:38] Amai Cruz: So let's switch gears while we're here. You testified on direct examination that you became so upset that you punched the wall in your apartment. Is that correct?
[00:22:49] Mr. Melton: When the emotions got... When I unleashed the emotions, yes.
[00:22:53] Amai Cruz: Okay. And when you unleashed the emotions, you became extremely angry. Is that correct?
[00:22:58] Mr. Melton: I was upset. Yes, that would... I was upset at the situation.
[00:23:03] Amai Cruz: The way you chose to release your emotions was through violence. Would you agree? Towards that wall. But you told the jury that the injuries to your hands came from punching the wall. Is that right?
[00:23:17] Mr. Melton: My injuries came from punching the wall.
[00:23:20] Amai Cruz: Okay. And we've already agreed... Well, you've testified that the wall was sheetrock. Is that correct? That's correct. I'd like to show you what would be marked as Defense Exhibit 37, Defense Exhibit 38, Defense Exhibit 39, and Defense Exhibit 40. Let the record reflect that I am showing the state what has been marked as Defense Exhibit 37 through Defense Exhibit 40. Your Honor, let the record reflect that I am showing Mr. Melton what has been marked as Defense Exhibit 38 through Defense Exhibit 40.
[00:24:02] Speaker 6: I have 37 on it.
[00:24:04] Amai Cruz: I'm sorry, 37 through 40. Please forgive me. Is it okay if I approach you, Mr. Melton? Yes. Yes, sir. Please take a moment and take a look at Defense Exhibit 37 through Defense Exhibit 40. Do you... Excuse me. You recognize Defense Exhibit 37 through Defense Exhibit 40 as the wall that you punched. Is that correct? I would say yes.
[00:24:26] Speaker ?: Okay.
[00:24:27] Amai Cruz: Is that a fair and accurate depiction of how that wall looked after you punched it?
[00:24:32] Mr. Melton: I'd say from what I could recollect.
[00:24:34] Amai Cruz: Sure. Has that photograph been altered in any way? I'm not sure. I wouldn't. But you have no reason to believe that photograph has been altered in any way. Is that correct?
[00:24:42] Mr. Melton: I have no reason to believe.
[00:24:44] Amai Cruz: Your Honor, I would ask to admit Defense Exhibit 37 through Defense Exhibit 40 into evidence.
[00:24:49] Speaker 6: Any objections?
[00:24:49] Speaker 3: No objection.
[00:24:50] Speaker 6: They are admitted.
[00:24:51] Amai Cruz: Thank you, Your Honor. I would ask to publish to the jury.
[00:24:53] Speaker 6: Granted?
[00:24:55] Amai Cruz: Now, let's talk about the injuries to your hands, Mr. Melton. Yes, sir. In courts indulgence. And the photographs of your hands have already been admitted through, excuse me, as Defense Exhibit 29, elected. Your Honor, I just asked to republish the photographs of the hands to the jury.
[00:25:14] Speaker ?: Granted?
[00:25:15] Amai Cruz: Courts indulgence, Your Honor. I need one of these photographs. Mr. Melton, I am going to show you one of the photos from Defense Exhibit 29, and we're going to talk about some of these injuries. All right. Can you see your hands on the screen, Mr. Melton?
[00:25:32] Mr. Melton: Yes, sir.
[00:25:33] Amai Cruz: And you would agree, for the purposes of the record, I am making a fist. Mr. Melton, you would agree that a fist looks like this. Is that correct?
[00:25:43] Mr. Melton: Yes, sir.
[00:25:43] Amai Cruz: Can you make a fist and show the jury what your fist looks like? Okay. Excellent. I want to talk about this injury here on the side of your thumb. Can you explain how you got that injury from punching drywall?
[00:25:57] Mr. Melton: My hands are from work. Are they? I mean, no, I'm just saying my hands from work are naturally have nicks and such on them. But that very well could have occurred. I mean, from punching through a wall, there's also things inside the wall. There's also siding on the wall that has, once you go through, there's nails that may have been there. But at that point, I mean, I have little nicks and cuts just from my profession.
[00:26:31] Amai Cruz: But, Mr. Melton, isn't it fair to say, as a plumber, you wear gloves?
[00:26:36] Mr. Melton: No, sir.
[00:26:36] Amai Cruz: You never wear gloves?
[00:26:37] Mr. Melton: I wear gloves, but not 100% of the time. No, sir.
[00:26:41] Amai Cruz: Well, I showed you Defense Exhibit 37 through Defense Exhibit 40. There's a pair of gloves hanging on your wall, Mr. Melton.
[00:26:47] Mr. Melton: Hanging them on my wall?
[00:26:48] Amai Cruz: But you don't use them.
[00:26:51] Mr. Melton: When you're working with your hands, you work quickly also. And you don't have time to always have gloves on. And at that point in time, I'm not working with raw sewage or anything. This is new materials. So with that being said, you're not worried about bacteria or anything infecting your hands. You just work and work through it.
[00:27:15] Amai Cruz: So today, on February 9, 2026, you remember exactly how you were working on January 19, 2001.
[00:27:24] Mr. Melton: It's easy to assess because I worked it for so long.
[00:27:27] Amai Cruz: Sure. But you don't remember whether or not Ms. Baker told you she was going to be home alone the day before her death.
[00:27:34] Mr. Melton: You know, in moments under stress, I can't recall everything.
[00:27:39] Amai Cruz: So let me ask you about this injury here. So did this come from the wall or did that come from work?
[00:27:47] Speaker 5: Is that an injury?
[00:27:49] Amai Cruz: Right here.
[00:27:50] Mr. Melton: I don't know if I've...
[00:27:52] Amai Cruz: Or how about this injury here, Mr. Melton? How would you get this injury on the top of your hand going in this direction from punching sheet rock?
[00:28:02] Mr. Melton: That even reappears... Oh, yes. When you punch... Even when you punch through walls, you've got to pull your hand back. I'm punching into a wall. Pulling my hand back, punching through a wall. And even at work, I have nicks, cuts, and even burns from soldering pipes and hot materials. I can't tell if that's an injury from hitting something or an injury from work. It may look like that even looks like it could be even a slight solder. It's hard to say. I mean, it's hard for me to assess that.
[00:28:43] Amai Cruz: But this is the first time in 25 years that you've ever made the statement that these injuries were from work. Would you agree?
[00:28:50] Mr. Melton: I've never been asked the question as far as if they're from...
[00:28:54] Amai Cruz: And just to make sure we're on the...
[00:28:55] Mr. Melton: That I can recall.
[00:28:56] Amai Cruz: Just to make sure we're on the same page. Your exact statement to law enforcement is the injuries... Matter of fact, we don't even have to go to law enforcement. Your exact statement in the court before these jurors was that these injuries came from punching the wall in your apartment. Do you recall making that statement?
[00:29:12] Mr. Melton: Was this prior to being shown pictures?
[00:29:15] Amai Cruz: Mr. Melton, do you recall making that statement?
[00:29:19] Mr. Melton: Yes, I had injuries from my hands from hitting the wall. That's what I recall.
[00:29:23] Amai Cruz: But when I asked you about the injuries, you are now saying that they are from plumbing and hitting the wall. Is that right?
[00:29:30] Mr. Melton: Well, I have... When you're pointing out specific things, like I do have, from plumbing, you're going to have nicks and cuts or whatnot from that. Just...
[00:29:41] Amai Cruz: My question is, during my examination of you, this is your first time saying that these injuries are from plumbing. That's a yes or no question, if you can.
[00:29:50] Mr. Melton: Since you just asked that question, I guess I would have to say yes.
[00:29:53] Amai Cruz: And once the jurors finish looking at the photos, we'll go over some other photos as well. Now, on the day of Tyra's death, you voluntarily went to the Athens-Clarke County Police Department.
[00:30:04] Mr. Melton: That's correct.
[00:30:06] Amai Cruz: And I believe the state asked you a couple of times, did you hire a lawyer or did you refuse to speak to him? Wouldn't you agree, ask the boyfriend, if you refused to speak to him, you would look even more guilty?
[00:30:18] Mr. Melton: Rephrase the... Restate the question.
[00:30:20] Amai Cruz: Sure. The state asked you on direct examination multiple times about whether or not you got a lawyer or whether or not you refused to talk to him. Do you recall being asked that question?
[00:30:31] Mr. Melton: Yes.
[00:30:32] Amai Cruz: Okay. When you agree, as Ms. Baker's boyfriend, you would look more suspicious if you refused to talk to law enforcement.
[00:30:41] Mr. Melton: If I refused. Okay. Okay.
[00:30:44] Amai Cruz: So we agree on that. Is that right?
[00:30:46] Mr. Melton: Of course. I mean, you want to be... I'm always wanting to be cooperative.
[00:30:49] Amai Cruz: Sure. But that was a yes to my question, right?
[00:30:53] Mr. Melton: Yes.
[00:30:54] Amai Cruz: Okay. You would also agree you would look more suspicious if you refused to give blood. Is that correct?
[00:31:00] Mr. Melton: Correct.
[00:31:01] Amai Cruz: Okay. You would look more suspicious if you refused to give hair. Is that right?
[00:31:05] Mr. Melton: Correct.
[00:31:06] Amai Cruz: You would look suspicious if you refused to talk to him. Is that correct? Correct. Now, you conducted an interview with Officer Bill Ricketts on the 19th. Do you recall that interview? I believe so. Now, you state you believe so. Do you... Are you certain that you remember conducting... Yes. I remember an interview on the 19th. And your father was present with you during that interview. Is that correct?
[00:31:29] Mr. Melton: Yes.
[00:31:29] Amai Cruz: Okay. And he sat with you for the entire interview?
[00:31:33] Mr. Melton: Yes.
[00:31:33] Amai Cruz: Okay. And during that interview is when you told law enforcement that you were at your parents' home at 715 on January 19th. Is that correct?
[00:31:44] Speaker 5: Yes.
[00:31:45] Amai Cruz: Do you recall during that interview being asked how would you describe you and Ms. Baker's relationship?
[00:31:51] Mr. Melton: Yes.
[00:31:52] Amai Cruz: And your response was that she was your borderline fiancé.
[00:31:56] Mr. Melton: I recollect.
[00:31:57] Amai Cruz: Okay. And you advised them that you and Ms. Baker were very serious at the time of her death. Yes. And I believe you established with the state that the truck you used for work at the time of Ms. Baker's death was your own work truck. The truck you purchased. Is that right? Correct. Now let's talk about Josh McCourty. The state asked you about your relationship with Josh and you stated that he was just a co-worker that you met at McCart Plumbing. Is that correct?
[00:32:28] Speaker 5: Correct.
[00:32:28] Speaker ?: Okay.
[00:32:29] Amai Cruz: Josh stays less than a mile away from your home. Is that correct?
[00:32:33] Speaker 5: Correct.
[00:32:34] Amai Cruz: Josh knew where you lived. Is that right?
[00:32:38] Speaker 5: Yes. He worked for me.
[00:32:40] Mr. Melton: Okay. You knew where he lived? Once we became co-workers.
[00:32:45] Amai Cruz: And you two attended the same high school?
[00:32:48] Mr. Melton: That I'm unsure of.
[00:32:50] Amai Cruz: You're unsure if you attended the same high school with someone you stated was your employee, Mr. Melton?
[00:32:56] Mr. Melton: That's correct.
[00:32:57] Amai Cruz: But to law enforcement, you only identify Josh McCourty as somebody that you worked with. Is that right?
[00:33:04] Mr. Melton: Correct.
[00:33:05] Amai Cruz: Now you stated on direct examination that while at Nash Plumbing, you loaded up supplies. Is that fair to say?
[00:33:11] Mr. Melton: Correct.
[00:33:12] Amai Cruz: Okay. But at no time did you provide law enforcement with any documents related to your employment at Nash Plumbing. Is that right?
[00:33:18] Mr. Melton: That's correct.
[00:33:20] Amai Cruz: So in regards to your alibi that you were at Nash Plumbing at 730 through 745, we just have to take your word for it. Is that correct?
[00:33:28] Mr. Melton: I would say so at that point.
[00:33:30] Amai Cruz: And law enforcement did, in fact, just take your word for it. Is that right?
[00:33:35] Mr. Melton: I'm not sure. I would say to my knowledge. Sure.
[00:33:39] Amai Cruz: Now you stated after leaving, well today you stated after leaving Nash Plumbing, you went to the bank.
[00:33:48] Mr. Melton: Correct.
[00:33:48] Amai Cruz: And did you go over that with the state when you all met?
[00:33:52] Mr. Melton: I knew when I had gone to the bank, but yes.
[00:33:55] Speaker ?: Okay.
[00:33:56] Amai Cruz: And you all discussed your timeline before you came to testify here today?
[00:34:00] Mr. Melton: I had gone over it and did a refresher.
[00:34:02] Amai Cruz: On January 19th, 2001, when law enforcement asked you what were you doing that day, you told law enforcement that after leaving Nash Plumbing, you went to Truck Customs.
[00:34:15] Mr. Melton: On the 19th, yes, I did say that.
[00:34:19] Amai Cruz: And you advised law enforcement that you arrived at Truck Customs around 930 or maybe earlier. Is that right?
[00:34:25] Mr. Melton: Not earlier. Probably 930-ish. Which is 10.
[00:34:31] Amai Cruz: Mr. Melton, this isn't the first time that you've had the opportunity to discuss your whereabouts on January 19th, 2001. Is that correct?
[00:34:42] Mr. Melton: I have been questioned in the past several times.
[00:34:48] Amai Cruz: Do you recall making the statement, Truck Customs, spelled with a K, T-R-U-K, K-U-S-T-O-N, and you were asked, okay, and do you know about what time it was? You made the statement, first time was about early 930, maybe earlier. Do you recall making that statement?
[00:35:09] Mr. Melton: That seems fair.
[00:35:11] Amai Cruz: So at some point you leave Truck Customs, is that correct?
[00:35:14] Mr. Melton: That's correct.
[00:35:14] Amai Cruz: And I'm sorry, Mr. Melton, do you still have that marker I gave you? All right, perfect. Can you write Truck Customs under the bank and the time that you were at Truck Customs? And you can say it right there, Mr. Melton, if you're comfortable. You can write the time next to Truck Customs. Okay, so now it's not 930, it's 10 o'clock. Okay, let's do 930 through 10, just to make sure that's accurate for the jury.
[00:35:41] Speaker 3: And Judge, I would ask that if there were going to be questions asked, that the witness be allowed to return to the witness stand so he can speak into the microphone.
[00:35:49] Speaker 6: I think that makes sense, everyone can hear, including Ms. Satterfield. So you may have a seat and answer any questions in front of the microphone.
[00:35:58] Amai Cruz: Go ahead. So at some point you would agree that you leave Truck Customs, is that fair?
[00:36:02] Mr. Melton: That's correct.
[00:36:02] Amai Cruz: Okay, and when you leave Truck Customs, you go to Grayson, Georgia, correct? Correct. I go to Grayson. Now, you can write Grayson on the board for us, please. All right, so do you recall speaking with Detective Ricketts two days later on January 21st, 2001?
[00:36:23] Mr. Melton: Yes.
[00:36:25] Amai Cruz: And would you have any reason to disagree that January 21st, 2001 was a Sunday?
[00:36:30] Mr. Melton: No.
[00:36:32] Amai Cruz: During your second interview, you advised Detective Ricketts that you stop by the bank, is that correct?
[00:36:37] Mr. Melton: Yes, that I had failed to mention that I went by the bank that morning, yes.
[00:36:41] Amai Cruz: And you stated that you were in the bank for a total of 35 minutes, is that right?
[00:36:45] Mr. Melton: Sounds about right. Okay.
[00:36:46] Amai Cruz: Next to bank, can you put 35, M-I-N, and circle it? Just put it there, that's fine. Now, during your second interview, do you recall Detective Ricketts coming to you and telling you that he went to speak with someone at Truck Customs?
[00:37:01] Mr. Melton: Yes.
[00:37:02] Amai Cruz: Okay. And in response, before he could tell you what he learned, you would agree that you changed your answer about the time that you went to Truck Customs. Is that correct?
[00:37:12] Mr. Melton: I'm not sure.
[00:37:13] Amai Cruz: I'm not. Do you recall making a statement? It's like before 12. I mean, it was probably 10.30, 11.30. Do you recall making that statement?
[00:37:23] Mr. Melton: I don't recall the statements, but yeah, I would say, I mean, I would say, okay. Yes.
[00:37:32] Amai Cruz: Yes or no, Mr. Mellon, do you recall making that statement? I'll say yes. Yeah. So is it fair to say that the actual time is between 10 a.m. and 11.30 on the 19th, based on your statement?
[00:37:45] Mr. Melton: As far as being at Truck Customs? Yes, sir. And you stated what you did say? What did you just say? I'm sorry.
[00:37:53] Amai Cruz: Would it be fair to say that the actual time of being at Truck Customs is sometime between 10 a.m. and 11.30 a.m.?
[00:38:00] Mr. Melton: That's pretty broad, but yeah, I would say, okay, it would fit in there.
[00:38:04] Amai Cruz: Now, during the January 21st, 2001 interview, you were told for the first time that Ms. Baker was sexually assaulted. Is that fair?
[00:38:11] Mr. Melton: Can you repeat the question?
[00:38:13] Amai Cruz: Sure. During the January 21st, 2001 interview, you were told that Tara was probably sexually assaulted.
[00:38:22] Mr. Melton: I don't recall being told at that point. I had been told Adam, Tara's brother, had called me that morning and had kind of informed me that this is what we're looking at, that they had been informed.
[00:38:38] Amai Cruz: So let me ask the question again. On January 21st, 2001, you knew that Tara had been sexually assaulted. Is that right?
[00:38:47] Mr. Melton: At that day. Yes, I had been informed that day.
[00:38:51] Amai Cruz: Now, law enforcement also informed you of that. Do you recall?
[00:38:54] Mr. Melton: I don't. I don't recall.
[00:38:57] Amai Cruz: Would hearing the recording refresh your recollection?
[00:39:01] Mr. Melton: I would say if I heard it, it would help reflect, yes.
[00:39:06] Amai Cruz: Your Honor, I'd ask to refresh this witness's recollection outside the presence of the jury.
[00:39:11] Speaker 6: Right, and this is a good time for a restroom break, so I'm going to send you all into the jury room. This will be a good restroom break, so we'll take a little bit of time. Please don't discuss the case. And we're going to take a break as well.
[00:39:26] Speaker 4: Yes, ma'am. Do you want me to wait before I play it after the break? Yes, sir.
[00:39:30] Speaker 6: I think that would be best.
[00:39:34] Amai Cruz: All right, just for purposes of the record, let the record reflect that the last question I asked to Mr. Melton was during the January 21, 2001 interview. I'm going to state it as I said it. You were told that Tara was probably sexually assaulted. At this time, we're refreshing his recollection. We were playing Chris Melton's January 21, 2001 recorded interview, minute mark, 1151 to 1202, for purposes of refreshing Mr. Melton's recollection. Hi, Mr. Melton. I'd like you to listen to this and let me know if your memory is refreshed. If you need to hear any other portions of it, I don't mind playing it, okay?
[00:40:17] Speaker 8: The bottomless and that kind of blood, the people there, they'd take it to the store and put it in evidence. And then on Monday morning, we've got a good working relationship. They'll start right away for us and tell us exactly what we've got. They did their thing Saturday and, of course, on the weekend, there was none of the the bottomless and that kind of blood people there. They'd take it to the store and put it in evidence. And then on Monday morning, we've got a good working relationship. They'll start right away for us and tell us exactly what we've got. Tara was probably sexually assaulted.
[00:40:47] Speaker ?: Tara was probably sexually assaulted. Yes, sir. The witness is that the recollection has been refreshed. I am ready for the jury.
[00:40:51] Speaker 4: All right. Could you bring the jury in, please, sir? Thank you. Y'all may be seated.
[00:40:55] Amai Cruz: Mr. Cruz, you have the floor. Thank you, Your Honor. Mr. Melton, during the January 21st, 2001 interview, you were told that Tara was probably sexually assaulted.
[00:41:03] Speaker 6: Is that correct? Correct. All right. You would agree that you didn't start crying.
[00:41:08] Amai Cruz: Is that correct? Correct. You didn't become upset. Is that correct? Correct. You didn't become upset. Is that correct? I would say not correct. You would say that's incorrect. Incorrect.
[00:41:18] Mr. Melton: You would say that's incorrect.
[00:41:19] Speaker ?: Incorrect.
[00:41:19] Amai Cruz: Incorrect. Did you make outward expressions of anger? No.
[00:41:22] Mr. Melton: You didn't say you needed a moment to yourself, right?
[00:41:24] Amai Cruz: Correct. You didn't even say, "I hope you find who did this before I do," did you? Correct. Instead, you asked calmly, "Did you find some stuff on her like semen," is that right?
[00:41:55] Speaker 5: Correct.
[00:41:56] Amai Cruz: Now, at the conclusion of the January 21st, 2001 interview, and I believe you've seen the photographs of your hands, pictures were taken over your hands. Is that right?
[00:42:06] Mr. Melton: Correct.
[00:42:07] Amai Cruz: Okay. And I think I have a better version of those hand photos I would like to show you. This is going to be marked. That's Defense Exhibit 41. There are 13 photos in Defense Exhibit 31. It will be an omnibus exhibit, better quality photos of Mr. Melton's hands. Well, while the state is reviewing the same, Your Honor, I would just like to clarify the record. With Defense Exhibit 29, there are one --
[00:42:33] Speaker 6: Sorry. Say that here.
[00:42:35] Amai Cruz: Just for purposes of clarifying the record, for Defense Exhibit 29, there are nine photos collected in Defense Exhibit 29. Let the record reflect that I am showing Mr. Melton the 13 photos of his hands marked as Defense Exhibit 41. You would agree that Defense Exhibit 41 is -- you would agree that Defense Exhibit 41 is the same thing you saw on Defense Exhibit 29 -- let me change that, please read me. You would agree that Defense Exhibit 41 are photographs of your hands. Is that correct? Correct. Okay. And a little bit better quality than Defense Exhibit 29. Would you agree? I would agree. Okay. Those photos are a fair and accurate depiction of your hands as they were on January 21, 2001. Is that right?
[00:43:19] Speaker ?: Correct.
[00:43:20] Mr. Melton: Okay.
[00:43:21] Amai Cruz: Your Honor, I would move to introduce Defense Exhibit 41 and the 13 photos included and same into evidence.
[00:43:27] Speaker 6: Any objection?
[00:43:28] Speaker 3: No objection, Judge.
[00:43:29] Speaker 6: They are admitted.
[00:43:30] Speaker 4: Okay. Thank you, Your Honor.
[00:43:33] Amai Cruz: Now, after the photographs were taken of your hands, while at the hospital, you did a blood draw as well. Is that correct?
[00:43:42] Mr. Melton: Correct.
[00:43:43] Amai Cruz: And you remember giving that blood draw. Is that right? Correct. Okay. And that's January 21, 2001.
[00:43:52] Mr. Melton: Correct. Okay.
[00:43:54] Amai Cruz: After you were asked for hair and blood in January, your parents told you they're going after you, Chris. Do you recall them making that statement to you?
[00:44:04] Speaker 5: Yes. Yes.
[00:44:06] Amai Cruz: We discussed, or you discussed with the state, the photograph you were shown of Ms. Baker to identify her body. Do you recall us talking about that? Earlier? Hmm?
[00:44:18] Mr. Melton: The one you showed me?
[00:44:19] Speaker ?: Correct.
[00:44:20] Mr. Melton: Unfortunately, yes.
[00:44:21] Amai Cruz: Okay. And you stated that that was not the photo that was shown to you to identify her body. Is that right? I don't believe so.
[00:44:27] Mr. Melton: Okay. Hiroki.
[00:44:29] Amai Cruz: Go ahead, Mr. Milton.
[00:44:31] Mr. Melton: I was looking through a digital camera with a small frame and it was fuzzy and it's hard
[00:44:38] Speaker ?: to...
[00:44:39] Mr. Melton: Anyway, it's not as high quality as what you're showing here, but no. Well, we can agree she had a sheet over her body. Is that right? I believe she had something draped across her. It was at the bottom frame of the digital image.
[00:44:56] Speaker ?: All right.
[00:44:57] Amai Cruz: So I asked you this question. Do you remember telling law enforcement that the photo shown of you of Ms. Baker had a blanket covering her from the neck down? So I saw her face and her hair.
[00:45:11] Speaker ?: Correct.
[00:45:12] Amai Cruz: And the photo I showed you was a photo of Ms. Baker with a sheet covering her from the face down, excuse me, the neck down, and you saw her face and her hair. Is that right? Correct. Correct. I agree. You did not see a black cord wrapped around Ms. Baker's neck. Is that fair to say?
[00:45:30] Speaker 5: That's fair to say.
[00:45:33] Amai Cruz: Do you recall a police officer interviewing you about you telling Ms. Virginia, excuse me, Mrs. Virginia Baker that you saw a black cord wrapped around Ms. Baker's neck?
[00:45:46] Mr. Melton: Not a black cord wrapped around her neck. No. I don't recall that. You don't... I do recall in the original photo that I saw, there was something something draped over her and I could recall seeing something black. I didn't know what it was. But like I say, I don't think that's even the image I saw.
[00:46:06] Amai Cruz: So, Mr. Milton, we're speaking, the specific question I'm asking you, and you might have answered, I just want to make sure I'm clear. In the photograph you saw Ms. Baker, it was her with a sheet from the neck down. Do we agree on that? The one you showed me?
[00:46:23] Mr. Melton: Yes. Okay.
[00:46:25] Amai Cruz: Now the one I showed you, the one you described to law enforcement.
[00:46:28] Mr. Melton: I think, I believe I stated there was something from, I don't know if I said sheet, but in the digital camera at the bottom section of the frame, it kind of stopped. But you could kind of see something laying there.
[00:46:42] Speaker ?: Sure.
[00:46:43] Speaker 4: Your Honor, Mark, I move to...
[00:46:46] Amai Cruz: I move to Mark the audio recording of Chris Melton with Detective Newton as Defense Exhibit 42. Mr. Cruz.
[00:46:58] Speaker ?: Yes, sir.
[00:46:59] Speaker 4: And just to make sure we're on the same page before I play this.
[00:47:09] Amai Cruz: Law enforcement asked you, do you remember what, how much of her was exposed during, during that, in that picture that you saw? Your response was, they had a blanket covering from the neck down, so I saw her face and her hair, you know. You were asked, okay, you couldn't see any of her body or body parts. Your response was, no, I did not see any of her body. You don't recall making that statement?
[00:47:33] Mr. Melton: I really, I recall.
[00:47:35] Amai Cruz: Now, you testified on direct that this was just a terrible experience for you. It destroyed you. Is that fair to say?
[00:47:44] Mr. Melton: Yes, sir.
[00:47:45] Amai Cruz: And you and I both could agree Ms. Baker's death is a true tragedy. Yes, sir.
[00:47:49] Mr. Melton: Okay.
[00:47:50] Amai Cruz: On Thursday, January 25th, 2001, you went to Ms. Ashley Peavy's house. Is that correct? What's the date? January 25th, 2001. Yes, sir.
[00:48:01] Mr. Melton: Okay.
[00:48:02] Amai Cruz: And this is six days after Ms. Baker's death.
[00:48:05] Speaker ?: Okay.
[00:48:06] Mr. Melton: Yes, sir.
[00:48:07] Amai Cruz: Okay. And while at Ms. Peavy's home on the 25th, which we've agreed to six days after Ms. Baker's death, you called Ms. Leah Tucker. Is that right?
[00:48:16] Mr. Melton: Yes, sir.
[00:48:17] Amai Cruz: Okay. And it was after 8:15 PM. It was nighttime. Is that fair to say?
[00:48:21] Mr. Melton: I can recall the time.
[00:48:23] Amai Cruz: That's fair. But you set up a dinner with Ms. Tucker at 5:30 PM the next day. Do you recall that?
[00:48:29] Mr. Melton: I don't recall that, but it sounds she was a close past friend. Yes.
[00:48:37] Amai Cruz: All right. And then on January 26th, despite your future fiance being brutally murdered, you called Holly Hufford. Would you agree with that?
[00:48:48] Mr. Melton: I don't remember Holly Hufford, but I do recall someone that was hurting, like as in anguish, but I don't recall who Holly Hufford is.
[00:48:59] Amai Cruz: Do you remember somebody else hurting and being in anguish?
[00:49:03] Mr. Melton: Everybody around us.
[00:49:05] Amai Cruz: But you set up a lunch with Holly Hufford for Friday the 26th. I don't recall.
[00:49:09] Mr. Melton: Right.
[00:49:10] Amai Cruz: But we can agree. It wasn't Ms. Holly Hufford's fiance that died. It was your fiance, right?
[00:49:14] Mr. Melton: That's correct.
[00:49:15] Amai Cruz: Do you recall Ms. Ashley Peavy Hall joining you and Ms. Hufford for lunch?
[00:49:20] Mr. Melton: I remember us joining for lunch with someone. This is Holly. Okay. Yes. Okay.
[00:49:31] Amai Cruz: And during that lunch, you were flirting with Ms. Hufford six days after your, excuse me, seven days after your fiance had been brutally murdered.
[00:49:40] Mr. Melton: Reflected? Is that what you asked?
[00:49:43] Amai Cruz: Flirted. No. You did not?
[00:49:46] Speaker ?: No.
[00:49:47] Amai Cruz: During that lunch, you were gently rubbing Ms. Hufford's lower back.
[00:49:52] Mr. Melton: No. I recall this individual having an emotional moment describing what she was going through. And I realized this person was in pain and I reached over and I believe I did like a comforting touch to just acknowledge that it's okay. They're not okay, but we're, to have her understand that we're in, you know, we're all going through this and it's going to be okay.
[00:50:27] Amai Cruz: Would you be surprised if Ms. Hufford said that she was shocked by your actions during the lunch?
[00:50:33] Mr. Melton: I would be surprised.
[00:50:35] Amai Cruz: After lunch, Ms. Ashley Peavy Hall and Chris Hall, they left. Do you recall that?
[00:50:41] Mr. Melton: I say vaguely. Okay.
[00:50:43] Amai Cruz: Do you recall telling them that you were going to continue hanging out with Holly?
[00:50:47] Mr. Melton: This is a long time ago. I don't really recall this, but it would sound like someone who was, yes, they would try to comfort, not flirt with or try to set up a date or anything. No.
[00:51:03] Amai Cruz: Well, let me ask you this. On January 27th, 2001, isn't it true you tried to comfort Ms. Hufford at 10 PM the next, excuse me, at 10 PM?
[00:51:13] Mr. Melton: How so?
[00:51:14] Amai Cruz: Did you contact Ms. Hufford at the 10 PM on January 27th, 2001?
[00:51:18] Mr. Melton: I could believe I could have made a phone call.
[00:51:21] Amai Cruz: Do you think it's appropriate to call women at past 10 PM at night after you just lost your fiance? I'm going to object to the form of question argumentative. Sustained. Yes, ma'am. Didn't you invite Ms. Holly Hufford out on the tail when you called her past 10 PM that night?
[00:51:38] Mr. Melton: Honestly, I don't recall the conversation.
[00:51:40] Amai Cruz: Now, again, we discussed how much, or you told this jury how much Ms. Baker meant to you, correct?
[00:51:46] Mr. Melton: That's correct.
[00:51:47] Amai Cruz: Okay. Do you recall discussing with law enforcement Ms. Baker's law school memorial service that was held shortly after her death?
[00:51:54] Mr. Melton: Yes.
[00:51:55] Amai Cruz: And that discussion occurred on June 20th, 2001.
[00:51:59] Mr. Melton: Okay. I'm not sure at the time.
[00:52:03] Amai Cruz: Do you have any reason to disagree that it occurred on June 20th?
[00:52:06] Speaker ?: No.
[00:52:07] Amai Cruz: Instead of attending Ms. Baker's law school memorial service, you went to a country concert, correct?
[00:52:13] Mr. Melton: Correct.
[00:52:14] Amai Cruz: And you knew about the memorial service four days before the concert. Is that correct?
[00:52:19] Mr. Melton: Correct.
[00:52:20] Amai Cruz: And your stated reason for not going to your fiance's candlelight vigil was because another woman talked you into going into a concert with her. Is that correct?
[00:52:32] Mr. Melton: Correct. Can I give further explanation?
[00:52:35] Amai Cruz: Well, I have a question for you. That woman was Lauren Sherling. I think the witness is asking for some direct. Right.
[00:52:42] Speaker 6: Well, and I think the record needs to reflect the witness was asking the court a question, which is not necessarily appropriate. But based on the state's interjection, I will say this with regard to all witnesses. All witnesses must answer the question if they can, yes or no. And they are entitled to explain. And so I'll let you ask the question again. And if this witness has the opportunity to explain, feels he needs to, he is allowed to by law. But you may ask the question again, Mr. Cruz. Yes, ma'am.
[00:53:08] Amai Cruz: He answered my question, Your Honor. So the question I do have for you is that woman was Lauren Sherling. Checked, Your Honor.
[00:53:14] Speaker 3: I think that the witness is allowed to explain his answer.
[00:53:18] Speaker 6: And I would ask you to go back to the former question, Mr. Cruz, and we'll go from there. Yes, ma'am. All right.
[00:53:24] Amai Cruz: Go ahead, sir. The question that I asked you, Mr. Melton, your reason for not going to the candlelight visual was because another woman talked you into going to the concert.
[00:53:32] Mr. Melton: No, that's not accurate. Okay.
[00:53:36] Amai Cruz: That woman was Lauren Sherling.
[00:53:38] Mr. Melton: That is accurate. Okay. Can I explain? Do I have the opportunity? Do I?
[00:53:43] Speaker 6: All witnesses are allowed to answer yes or no and explain their answer if they choose to do so.
[00:53:49] Mr. Melton: Okay. Well, I'd choose to explain. Lauren was one of Tara's closest friends that loved Tara. She worked with her at the law firm in Athens. That's how they met. They became very close. Along the way, we all became close. We were all extremely grieving. There was a time that we did not see each other as far as physically in proximity. But she would reach out periodically and check in to see how I was doing. She was very dear friend. She is one of the only few that actually would reach out to see how I was feeling. And then we would converse and we would talk about our feelings of the situation. At the time of this vigil, I did not know anybody at the law firm. I was grieving. I also was feeling extraordinarily uncomfortable with any presence I was of anybody that knew the situation. I would walk in to any room or any environment and then people would separate, create distance, look at me with angry eyes. So I did not feel comfortable being there. As much as I wanted to show respect, as much as respect as I had.
[00:55:27] Speaker 6: Overruled.
[00:55:30] Mr. Melton: So with that being said, Lauren had an opportunity. When she called me, she had an opportunity to create in a different environment for myself. She said, maybe you need a different head space. Come out and try to enjoy something. And so she invited me along with her group of friends. And she had had these tickets for an extended period of time. And she had one and she says, if you want to join us and try to get a different head space, maybe this environment will make you feel better. And so I accepted. And genuinely, it did make me feel better.
[00:56:13] Amai Cruz: So to my question in regards to, and your reason for not going to the candlelight visual was because another woman talked you into going into a concert with her. Your answer was no. Is that right?
[00:56:27] Mr. Melton: You stated that she talked me into going. She didn't. She heard me through. And I believe that it's more of, she gave me permission to accept that it's okay, Chris. It's okay that you can try to do something to feel better about the situation.
[00:56:53] Amai Cruz: Let me ask you this, Mr. Melton. I think you and I could agree. You're a very charismatic person. Have you heard that before? Yes. Okay. Is this the way you were talking with law enforcement when they were interviewing you?
[00:57:04] Mr. Melton: I wasn't aware if I was. I mean, this is, this is my demeanor. Sure.
[00:57:09] Amai Cruz: When you were, when you were, when the state and yourself was going over your testimony, is this, is this how you were talking with the state as well?
[00:57:17] Mr. Melton: I'm unaware. I mean, I'm just, this is who I am.
[00:57:21] Amai Cruz: But I would like you to, I would like you to answer my question with a yes or a no. Okay.
[00:57:25] Mr. Melton: I'll try my best.
[00:57:26] Amai Cruz: The reason you didn't go to the candlelight visual is because Ms. Sherling told you you shouldn't go. Is that a better way to put it?
[00:57:35] Mr. Melton: No.
[00:57:36] Amai Cruz: Mr. Melton, this isn't your first time discussing the candlelight visual, is it?
[00:57:40] Mr. Melton: It's been discussed with a detective.
[00:57:43] Amai Cruz: Okay. And your statement was, or do you recall making the statement? And, and which even Lauren didn't go to that when she was part of that, even the people she worked with were going to be speaking there at the memorial service. And they suggested to her that she shouldn't come. And I talked to her about it. And she's like, it's not something you want to be at Chris. It's just gonna, not trying to talk me out of it. Just trying to tell me what, how the situation is going to be. But I didn't go to that. Is that, is that accurate?
[00:58:15] Mr. Melton: If that's on a recording and you have it verbatim, but I don't.
[00:58:20] Amai Cruz: My question is, is that accurate? Yes or no?
[00:58:23] Mr. Melton: I don't think it's completely accurate. All right.
[00:58:27] Amai Cruz: I move to introduce defense exhibit. June 20th, 2001 idea recording between Mr. Melton and law enforcement. Now I ask the honorable court to introduce Tom Stan.
[00:58:41] Speaker 4: And we. 425 to 455, your honor.
[00:58:48] Speaker 6: Do you have a number of that exhibit?
[00:58:51] Amai Cruz: Uh, defense exhibit 43. 43.
[00:58:53] Speaker 6: And I'm sorry. Say it one more time. Time stamp.
[00:58:58] Amai Cruz: 4 minutes and 25 seconds to 4 minutes and 55 seconds.
[00:59:01] Speaker 6: All right.
[00:59:02] Speaker ?: Thank you.
[00:59:02] Speaker 6: And you're asking to introduce that?
[00:59:04] Amai Cruz: Just that portion.
[00:59:05] Speaker 3: Correct.
[00:59:06] Speaker ?: All right.
[00:59:06] Speaker 6: Any objection, Mr. Yellen and Chile?
[00:59:08] Speaker 3: There's been no foundation laid for the recording judge. So that is our objection based on foundation. All right.
[00:59:16] Speaker 6: I'll sustain that objection. Allow you to lay a foundation message.
[00:59:18] Speaker ?: Sure.
[00:59:18] Amai Cruz: Excuse me. You recall talking to law enforcement in regards to going to a country concert with Lawrence Sherling. Is that correct? Correct. Okay. And you hadn't heard this out of your recording. Would you like to hear this out of your recording? In the section that you're referring to?
[00:59:33] Mr. Melton: I would say yes. Okay.
[00:59:35] Amai Cruz: Perfect. So your honor, this is what I would ask. I would ask if I could allow the witness outside the presence of the jury to listen to that portion of the recording to determine if he recognizes that recording. Your honor.
[00:59:45] Speaker 6: All right. Any objection, Mr. Yellen and Chile?
[00:59:47] Speaker ?: No, judge.
[00:59:48] Speaker 6: All right. Ladies and gentlemen, I'll have you leave for a moment. Don't discuss the case. This is another break and we will take a lunch break. Don't worry. We'll be back with you shortly. Thank you.
[00:59:57] Speaker ?: Okay.
[00:59:58] Speaker 4: I'm going to have to put it on a flash drop that this is a blank for me.
[01:00:03] Amai Cruz: All right.
[01:00:04] Speaker 6: Is that okay? Are you able to do that? I mean, all right. How long does that take?
[01:00:11] Amai Cruz: 45 seconds.
[01:00:12] Speaker 6: Oh, great.
[01:00:13] Speaker ?: Okay.
[01:00:14] Amai Cruz: All right. Mr. Melton. I am playing minute mark 425 through 455.
[01:00:21] Speaker 9: Today is probably before the concert in which even Lauren didn't go to that. When she was a part of that, even though the people she worked with were going to be speaking there no more service. And they just heard that she shouldn't come. And I talked to her about it. And she's like, it's not something that you want to be at Chris. It's just going to not trying to talk me out of it. Just trying to tell me how the situation is going to be. But I went, I didn't go to that. And we discussed, I even talked to Lauren about it the night before, just discussing if I should go to that and to the concert and saying, hey, you know, I feel I should be there too. And she's like, well, she told me what her, the people at the law firm told her what it's going to be.
[01:00:59] Speaker ?: Did you hear that?
[01:01:00] Speaker 7: Yes, sir. That refresh your recollection? Yes, sir.
[01:01:04] Mr. Melton: It's been a recording.
[01:01:05] Speaker 7: Yes, sir.
[01:01:06] Speaker 5: Ready for the jury?
[01:01:07] Speaker 6: All right. Could you bring the jury in, please?
[01:01:10] Speaker ?: You all may be seated.
[01:01:12] Speaker 6: Thank you. Yes, ma'am.
[01:01:14] Amai Cruz: Thank you. You would agree that you and Ms. Sherling agreed to go to the country concert over going to Ms. Baker's candlelight visual. Is that correct? Correct. Now at this concert that you went with Ms. Sherling, excuse me, that you went with Ms. Sherling to, there was a total of six people. Is that correct?
[01:01:34] Mr. Melton: Sounds accurate. Okay.
[01:01:37] Amai Cruz: It was Ms. Sherling's mother and father. Is that right?
[01:01:40] Mr. Melton: Yes, sir.
[01:01:42] Amai Cruz: Okay. It was her neighbors, which was a guy and a girl couple. Yes, sir.
[01:01:46] Mr. Melton: Okay.
[01:01:47] Amai Cruz: And this was a country concert at Turner Field.
[01:01:50] Mr. Melton: Correct.
[01:01:51] Amai Cruz: Okay, so you and Ms. Sherling left Athens when Ms. Baker is having a candlelight visual to travel to Atlanta to go to a country concert.
[01:02:00] Mr. Melton: I don't remember where we left from. I don't recall that. Okay. But I do recall going to a concert and it was in an open stadium and you get to walk around and listen to country music.
[01:02:13] Amai Cruz: You remember that, but you don't remember whether Ms. Baker told you she was going to be alone the day before she died. I don't object to ask and answer. Pristained.
[01:02:22] Speaker ?: Pristained.
[01:02:23] Amai Cruz: Chris, the week before Tara died, there was an incident between you and her that jeopardized your relationship with her. Do you remember that? I remember being asked about the question. Do you remember the incident?
[01:02:34] Mr. Melton: I remember nothing happening the week before, but I had answered a question to a detective. And I remember telling there was an incident that always stayed in the forefront of my mind that I realized that had hurt her feelings, but I didn't realize at that time the question was the week before because the incident that I explained happened months before. All right.
[01:03:05] Amai Cruz: So your testimony today, Mr. Mellon, is the incident that occurred before Ms. Baker died was actually an incident that occurred months before Ms. Baker died.
[01:03:12] Mr. Melton: Yes. Where he had asked, he goes, "Has there ever been a time that you felt that something you had done jeopardized your relationship?" I think that's close to accurate. But my answer that I gave was off the forefront of my mind that it had always stayed there, but it did not happen the week before. I stated that in questioning, but it was not the week before.
[01:03:41] Amai Cruz: I just want to make sure we're clear on the question that I asked, okay? The week before Ms. Baker's death, there was an incident between you and her that jeopardized you two's relationship. No, sir. This isn't the first time you've been asked that question, is it?
[01:04:00] Speaker ?: No, sir.
[01:04:01] Amai Cruz: On June 20th, 2001, law enforcement asked you that question. Is that correct?
[01:04:07] Mr. Melton: That's correct.
[01:04:08] Amai Cruz: And your statement to law enforcement was, "Yes, I remember that incident." Is that correct?
[01:04:12] Mr. Melton: No, I remember. I started telling about an incident.
[01:04:16] Amai Cruz: Your Honor, I would ask to play minute mark 6:21 through 6:50. Defense Exhibit 43.
[01:04:24] Speaker 6: Any objection, Mr. Yelvin? 43 in evidence?
[01:04:29] Amai Cruz: Correct. Well, we did this. We did the time. The time stamp is. That one time.
[01:04:34] Speaker 6: Well.
[01:04:35] Amai Cruz: And forgive me if I didn't move to a minute. It is not in evidence. Please forgive me.
[01:04:40] Speaker 6: We, it is not in evidence. So is there an objection to, and we can talk about that later. Let's talk about the request that Mr. Cruz has just made. Do you have an objection to what he has just requested?
[01:04:53] Speaker 3: Just a foundation, Your Honor.
[01:04:55] Speaker 6: I will sustain that objection and allow you to lay a foundation.
[01:04:58] Amai Cruz: Okay. And you've already stated that you remember talking to law enforcement about that. Is that right? I do. Okay. And you two specifically discussed the incident between you and Tara the week before she died. Is that right?
[01:05:10] Mr. Melton: He asked the question, but I'm not hearing it correctly at the time. It was an incident that had happened in the past, but not the week before. But he does ask that question.
[01:05:22] Amai Cruz: So let me make it, let me do it this way. Did you admit to law enforcement that an incident occurred with you and Ms. Baker the week before her death?
[01:05:30] Mr. Melton: I would have to say yes, but it wasn't accurate.
[01:05:34] Amai Cruz: Okay. Well, we can't have it both ways. First, you said it was months ago. I'm going to object about editorializing about the witnesses' answers.
[01:05:40] Speaker 6: I'm going to sustain that objection. Sure. Mr. Cruz, just to give you a question.
[01:05:44] Amai Cruz: Your original answer was that this incident was months ago. Is that right?
[01:05:48] Speaker ?: Yes.
[01:05:49] Mr. Melton: Okay.
[01:05:50] Amai Cruz: But your answer now is you do remember the incident the day, the week before she passed away.
[01:05:55] Mr. Melton: I remember the question he asked in the explanation and what I had described did not happen the week before.
[01:06:02] Amai Cruz: But you told law enforcement it happened the week before.
[01:06:05] Mr. Melton: He asked the question and I gave an answer, but it was not the week before.
[01:06:11] Amai Cruz: My specific? Oh, go ahead. Thank you.
[01:06:14] Mr. Melton: I didn't mean to cut you off.
[01:06:15] Amai Cruz: No, you're fine. My specific question is did you tell law enforcement that the incident happened the week before her death?
[01:06:22] Mr. Melton: He asked that question and I did not say that it happened the week before. I went into an explanation of what in my forefront of my mind had at some point jeopardized our relationship.
[01:06:40] Amai Cruz: Your Honor, I would renew my request to introduce minute marks 621 through 650 into evidence as a prior and consistent statement. Mr. Yellen and Chile.
[01:06:48] Speaker 6: Mr. Yellen and Chile.
[01:06:49] Speaker 3: Well, there are a lot of questions. None of them had to do with the foundation for the exhibit, however, which was my objection. I think that's correct.
[01:06:57] Speaker 6: I'll sustain the objection to allow you to lay a foundation this year.
[01:07:03] Amai Cruz: You haven't heard what's on this flash drive, have you? On the flash drive? Correct. You haven't heard what's on this flash drive, correct?
[01:07:09] Mr. Melton: I don't know what's on your flash drive. Let me ask you this.
[01:07:12] Amai Cruz: Did the state play your interviews for you?
[01:07:15] Mr. Melton: I have heard the interviews.
[01:07:16] Amai Cruz: They've played them for you?
[01:07:18] Mr. Melton: I have heard the interviews.
[01:07:20] Amai Cruz: Okay. So you're familiar with your interviews with law enforcement, is that correct?
[01:07:23] Mr. Melton: That's correct.
[01:07:24] Amai Cruz: Okay. And you are familiar with the interview that took place where you discussed with law enforcement the incident that took place the week before her death. Is that right?
[01:07:32] Mr. Melton: Yes. I'm familiar with that question.
[01:07:34] Amai Cruz: Okay. And the reason you're familiar with it is because you've heard the interview, correct?
[01:07:37] Mr. Melton: I'm familiar with the question from originally, plus after 25 years, I think it's fair to say that I need to hear what I've said on recording.
[01:07:47] Amai Cruz: So you would like to hear it to determine if it's a fair and accurate rendition of your statement to law enforcement on June 20th, 2001?
[01:07:54] Mr. Melton: I would like to hear it to see if it's accurately depicting your question, because you say, "Did I state?" And in my explanation that it actually happened the week before, the question he asked was, "Did it happen?" He goes, "What happened? Or is there anything, was there anything the week before that could have jeopardized your relationship?" And then I go into an explanation of something that was always on the forefront of my mind because I hurt her feelings, and it did not happen the week before. But I did not explain to them. It did not happen the week before. I just went into an explanation of something that I was recollecting. Okay.
[01:08:35] Amai Cruz: I'm going to allow you to hear what's on this flash drive defense exhibit 43. Your Honor, I would ask, and I apologize to everybody. I would ask that I have the opportunity to lay the proper foundation for this flash drive with Mr. Melton outside of the presence of the jury.
[01:08:50] Speaker 6: All right, we will do that. Ladies and gentlemen, if you'll go into the jury room, don't discuss the case. We'll be with you shortly.
[01:09:02] Speaker 4: You all may be seated.
[01:09:03] Speaker ?: Thank you.
[01:09:05] Speaker 6: So, Mr. Cruz, let me just make sure for the record, you are -- are you refreshing -- trying to refresh this witness's review?
[01:09:11] Amai Cruz: No, I am not. I am laying the foundation for impeachment. I just want to lay the foundation that he recognizes this exhibit. I think that's the only piece that's missing.
[01:09:19] Speaker 6: So, are you -- are you trying to lay the foundation for a prior inconsistent statement? Correct.
[01:09:24] Speaker ?: Okay.
[01:09:24] Speaker 6: All right. Go ahead.
[01:09:26] Speaker 4: May I, Your Honor?
[01:09:27] Speaker 6: You may.
[01:09:28] Speaker 4: Thank you.
[01:09:29] Amai Cruz: I would like to reflect that I am playing for Mr. Melton. Minute Mark 613 through Minute Mark 649 for the purpose of the land for the foundation for this idea. I don't think anybody now.
[01:09:40] Speaker ?: I don't know. I don't know.
[01:09:42] Amai Cruz: I don't know.
[01:09:43] Speaker 4: I don't know. I don't know.
[01:09:45] Speaker 10: I don't know. Even if -- another thing was -- or issue, kind of -- we'll call it issue until we hear from you -- was brought up to us. Something to the effect that like a week prior to Tara's death, Tara had found out some information could have maybe jeopardized y'all's relationship. Do you remember having a discussion? Something that you might have found that you heard from Barbara Grant. I think she went there to leave your nose or something. Yeah.
[01:10:17] Speaker 4: I know it was. Okay. I'm out. Did you have an opportunity to hear that, Mr. Melton?
[01:10:24] Amai Cruz: Yes, I did. Okay. Is that you on the audio recording? Yes, it is. Okay. Is minute -- the minute -- six minutes and 13 seconds to six minutes and 49 seconds. Is that an accurate portion of your conversation with law enforcement?
[01:10:42] Mr. Melton: Yes.
[01:10:43] Amai Cruz: Okay. You recognize this audio recording as the conversation you had with law enforcement on June 20, 2001. Is that fair?
[01:10:49] Mr. Melton: Yes. Okay.
[01:10:51] Amai Cruz: Does it sound like it's been altered in any way?
[01:10:53] Mr. Melton: No.
[01:10:54] Amai Cruz: Your Honor, I believe the proper foundation has been laid for the audio recording. I'd ask that the jury be allowed to come back in.
[01:11:01] Speaker 6: All right. Thank you. Actually, do you have an objection?
[01:11:05] Speaker 3: I think at this point, the foundation has been laid. However, I did not hear a prior inconsistent statement. It's exactly what Mr. Melton said, which is that he got asked the question and then he launched into an explanation of what happened without correcting the date. So there may be something beyond this that Mr. Cruz wants to play that shows the inconsistency. But I believe as far as what I heard, Judge, it was exactly what Mr. Melton testified to, which is that, yes, in response to that question about a date certain, I started to launch into an explanation about the only incident that I could think of. But it is not actually from that date and I didn't clarify that for law enforcement, which seems to be what happens on the recording, but obviously the court heard the recording as well and can draw its own conclusions.
[01:11:57] Speaker 6: Mr. Cruz, any response? That's a misrepresentation.
[01:11:59] Amai Cruz: The law enforcement clearly asked him if he was aware of an incident that occurred the week before Tara's death. And Mr. Melton, before I cut the recording off, said, yes, I'm aware of that incident. My question, my specific question to him was, Mr. Melton, what's your incident? Well, my specific question to Mr. Melton was, Chris, the week before Tara, there was an incident that upset her and jeopardized her relationship with her. Do you remember that? His first answer was no. It was months ago that it happened. I just, and eventually we got to him saying, well, I just told law enforcement that it was. That is a, I confronted him with a statement, Your Honor, I would ask that I'm allowed to impeach Mr. Melton with a prior inconsistent statement because he, he's, Mr. Melton danced around the answer. He wouldn't give me a clean yes or no.
[01:12:48] Speaker 6: I'm going to ask you to play it again because I did not hear what you're articulating. Yes, ma'am. I'd like to hear it again, please.
[01:12:54] Speaker 4: Yes, ma'am.
[01:12:55] Speaker ?: Thank you.
[01:12:56] Speaker 4: Another thing was, well, the issue, kind of, we'll call it an issue until we hear from you, was brought up to us.
[01:13:03] Speaker 10: Something to the effect that like a week prior to Tara's death, Tara had found out some information that upset her and could have maybe jeopardized y'all's relationship. Do you remember having a difficulty?
[01:13:23] Speaker 6: All right. Thank you. That's what I thought I heard. So I think that we are at a moment, the interpretation of semantics. Sure. But I do think semantics matter in this moment. Yes, ma'am. And what the officer just said, which is why I needed you to repeat it, was that something happened the week before where Ms. Baker had learned of something. And that is a different set of words and a different phrase than what you're asking Mr. Melton. And so based on that recording and based on the questions that you are asking Mr. Melton, that's not a prior inconsistent statement. You certainly may continue questioning him, but that does not qualify as a prior inconsistent statement. If there is more context, for example, in that recording that supports the way that you have asked the question, we certainly can get into that. But this particular thread that you have played very specifically says when she learned of something. And that is different than what you've asked.
[01:14:27] Amai Cruz: Yes, ma'am. That's fair. We could bring the jury out. I've played it. He's laid the foundation for the recording. I'll ask the appropriate question. And depending on his response, we'll take the next steps. All right.
[01:14:37] Speaker 6: You may bring the jury out.
[01:14:38] Speaker 4: Thank you. Y'all may be seated.
[01:14:48] Speaker 6: Thank you, Mr. Cruz. Yes, ma'am.
[01:14:50] Amai Cruz: Thank you, Your Honor. Mr. Melton, do you recall law enforcement asking you that like a week prior to Tara's death, Tara had found out some information that upset her and could have maybe jeopardized your relationship? Do you remember having that discussion? Is that accurate?
[01:15:06] Mr. Melton: Yes, they asked that question. Sir? Yes.
[01:15:09] Amai Cruz: And you were told, I think she went there to leave you a note or something. Do you recall that?
[01:15:15] Mr. Melton: I recall them saying yes.
[01:15:18] Amai Cruz: Okay. And your response was, yeah, I know what it was.
[01:15:22] Speaker 5: Yes.
[01:15:24] Amai Cruz: You'd agree that you never disclosed that information to law enforcement until you were asked about it five months after her death. Is that correct?
[01:15:33] Mr. Melton: That's correct. That's correct.
[01:15:35] Amai Cruz: You never shared with law enforcement the issue that led to Ms. Baker not spending Christmas of 2000 with you, did you? Or Christmas Eve? Let me use the right date. Christmas Eve of 2000 with you. Is that correct?
[01:15:47] Mr. Melton: I believe we were together Christmas Eve.
[01:15:49] Amai Cruz: Your testimony here today is that you and Ms. Baker were together on Christmas Eve?
[01:15:54] Mr. Melton: Worst of the day? I believe so.
[01:15:56] Amai Cruz: You never shared with law enforcement the reason why Ms. Baker did not spend New Year's with you, did you?
[01:16:04] Mr. Melton: Tara did spend New Year's. She spent New Year's Eve with me until New Year's Day, yes.
[01:16:10] Amai Cruz: You never shared with law enforcement the reason Ms. Baker stopped calling you the week of December 27th to January 3rd, despite being home, is that correct? What were the dates you just said? January 27th to January, excuse me, December 27th to January 3rd, 2001.
[01:16:26] Mr. Melton: I don't recall.
[01:16:28] Amai Cruz: You never shared with law enforcement that Ms. Baker told you that she needed space to focus on her studies two weeks before she died, did you?
[01:16:35] Mr. Melton: Are you asking me? I'm sorry.
[01:16:37] Amai Cruz: Sure. It's a lot of questions. You would agree that you never shared with law enforcement that Ms. Baker told you that she needed space to focus on her studies two weeks before her death.
[01:16:47] Mr. Melton: I'd agree.
[01:16:49] Amai Cruz: And you also never shared with law enforcement that the day before Tara was murdered, that was the most that you two had spoken in the previous two months.
[01:16:57] Mr. Melton: Over the phone. Okay. No, I don't believe that I discussed that with the police. I wasn't really aware. Would you have any reason to disagree with that? I don't know about that. I don't know about that.
[01:17:04] Amai Cruz: I don't know about that. No. Oh, as far as did I say, I'm sorry, repeat your question. Sure. I'll make sure I understand you correctly. You would agree that you never shared with law enforcement that the day before Ms. Baker was murdered, that was the most that you two had spoken in the previous two months over the phone. I left that portion out, so please forgive me. Over the phone.
[01:17:19] Mr. Melton: Okay. No, I don't believe that I discussed that with the police. I wasn't really aware.
[01:17:24] Amai Cruz: Would you have any reason to disagree that before Ms. Baker died, others believed that it was clear that your relationship with Ms. Baker was over?
[01:17:33] Mr. Melton: It wouldn't be apparent or aware to me, no.
[01:17:36] Amai Cruz: Okay. Let's discuss your date and history with Ms. Baker. Is that fair?
[01:17:40] Mr. Melton: Fair.
[01:17:41] Amai Cruz: Okay. When you met Ms. Baker, you two were in Milledgeville. Is that right?
[01:17:45] Mr. Melton: Correct.
[01:17:46] Amai Cruz: You two were in college. Correct. Okay. You were a pre-med major. Is that correct?
[01:17:51] Mr. Melton: That's correct.
[01:17:52] Amai Cruz: And pre-med majors are typically aiming for medical school.
[01:17:55] Mr. Melton: Correct.
[01:17:56] Amai Cruz: Okay. And Ms. Baker wanted to become a lawyer.
[01:17:58] Mr. Melton: That's correct.
[01:17:59] Amai Cruz: Eventually, Ms. Baker graduated from college. Is that right?
[01:18:03] Mr. Melton: That's correct.
[01:18:04] Amai Cruz: And she moved to Athens. Is that correct?
[01:18:06] Mr. Melton: When she graduated, at some point, when she graduated, she moved home.
[01:18:11] Amai Cruz: But eventually, she moved to Athens. Is that right? Correct. Okay. And you would agree, after Ms. Baker moved to Athens, you followed her to Athens?
[01:18:19] Mr. Melton: Correct.
[01:18:20] Amai Cruz: This was, let me frame it this way. You didn't graduate from college. Is that correct? You didn't get your pre-med degree. Is that right?
[01:18:27] Mr. Melton: That's correct.
[01:18:28] Amai Cruz: Now, for your living arrangements in Athens, you rented an empty bedroom in Chase Gurren's apartment. Is that right?
[01:18:36] Mr. Melton: Correct.
[01:18:37] Amai Cruz: And Chase is someone you actually met through Terra.
[01:18:40] Mr. Melton: Correct.
[01:18:41] Amai Cruz: And for work, while you were staying in Athens, you were driving back and forth daily to Loganville from Athens, Georgia, excuse me, from Athens, Georgia to Loganville and back. Is that fair to say?
[01:18:53] Speaker 5: Yes.
[01:18:54] Amai Cruz: And you moved to Athens specifically to be close to Ms. Baker. Is that right? Correct. And when you first moved to Athens, is it fair to say that you and Ms. Baker would spend four of, if it's a, in a seven day week, you guys would be together about four or five days.
[01:19:12] Mr. Melton: That's correct. That's pre-law school. That's pre-law school. That's before she was, we spent that much time before she started getting into law school and getting more busy.
[01:19:22] Amai Cruz: So first semester of law school, you weren't spending four to five days with Ms. Baker?
[01:19:28] Mr. Melton: Well, yes, she would come by. Yes.
[01:19:33] Amai Cruz: And you would go to her house too, isn't that right?
[01:19:35] Mr. Melton: Yes.
[01:19:36] Amai Cruz: Yes. Ever towards the end of December, 2000 and January, 2001, Ms. Baker stopped visiting your home that often. Is that correct?
[01:19:44] Mr. Melton: I'd say we had less time together. Yes.
[01:19:47] Amai Cruz: Okay. And we, we've already discussed, we've already discussed law enforcement talking to you about the incident that happened the week before her death. Would you agree with that?
[01:19:57] Mr. Melton: Asking the question? Yes.
[01:19:59] Amai Cruz: Okay. And you would also agree that the week before her death is when you decided to go back to your parents' home for work. Is that fair? Just for work, not to move. Okay. But yes. So I just want to make sure we're clear. So you didn't move away from Athens before Ms. Baker's death?
[01:20:14] Mr. Melton: Correct.
[01:20:15] Amai Cruz: Okay. So if anybody said otherwise, that information is inaccurate.
[01:20:19] Speaker ?: Correct.
[01:20:20] Mr. Melton: I have not moved.
[01:20:22] Amai Cruz: And due to Ms. Baker studying and her, and your work, the last time you saw Ms. Baker was 10 days before she died? Say it again. Say it again. It was 10 days before she died? What was your full question? Sure. I apologize. Due to Ms. Baker's studying, as well as your work, the last time you saw Ms. Baker was 10 days before she died.
[01:20:45] Mr. Melton: Incorrect. I had, the last time that I had stayed in Athens prior to her death would have been the Wednesday prior, but I saw her the weekend prior to her death.
[01:20:58] Amai Cruz: And you saw her at your apartment?
[01:21:00] Mr. Melton: No, she was at my parents. She came by my parents' house.
[01:21:03] Amai Cruz: And I noticed before you ask questions, you look over here. Is anybody communicating anything to you while you're on the stand?
[01:21:09] Mr. Melton: No, sir.
[01:21:12] Amai Cruz: Now, let me ask you about the question in regards to the 10-day window. You would agree that when law enforcement met with you, you told law enforcement in 2024 that you were certain it had been 10 days since you last saw Ms. Baker. Would you agree with that? I stated that in confusion, yes, sir. Okay. But you stated it. It was in confusion, but you stated it.
[01:21:31] Mr. Melton: I stated it.
[01:21:32] Amai Cruz: Okay. And Ms. Elizabeth Bigham told you that she had your DNA. Is that right?
[01:21:37] Mr. Melton: At some point, yes.
[01:21:40] Amai Cruz: And she told you that because of the DNA that she had of yours, it could not have been 10 days. Is that correct?
[01:21:47] Speaker ?: Correct.
[01:21:48] Mr. Melton: Okay.
[01:21:49] Amai Cruz: Ms. Bigham also told you that they need to be able to explain away your DNA. Is that right? Correct. And in response to Ms. Let me ask this. Let me ask this question the right way. In response to Ms. Bigham telling you that she needed to explain away your DNA, you continued to tell her that no, I'm certain it's 10 days since I last saw Ms. Baker. Is that right?
[01:22:14] Mr. Melton: I started reflecting. And I do recall being with Tara the weekend before. I have always stated from prior to that I was with her the weekend before. Time had gone by. And confusion started setting in and I was reflecting on the last time I had stayed in Athens. But indeed, Tara had come to my house that weekend.
[01:22:38] Amai Cruz: But you didn't say that you had seen her that weekend until Ms. Bigham told you that you said that you saw her that weekend back in 2001. Is that right? That's correct.
[01:22:48] Mr. Melton: And in other times beyond. Yes, sir.
[01:22:52] Amai Cruz: And Ms. Bigham told you that your DNA was found in Ms. Baker's mouth. Is that correct?
[01:22:56] Mr. Melton: That's correct.
[01:22:57] Amai Cruz: She told you the DNA doesn't last that long in her mouth. Is that right?
[01:23:01] Mr. Melton: Correct.
[01:23:02] Amai Cruz: She told you all of this information before you said that, hey, I remember now I saw Ms. Baker the weekend before she passed away. Would you agree with that? Correct. I would say. But one thing that you were adamant about with Ms. Bigham that she couldn't get you to change, you said, I did not see Tara Baker the week of her death. Is that right?
[01:23:27] Mr. Melton: That's correct.
[01:23:28] Amai Cruz: Okay. So I want to make sure we're clear for the record. You didn't see Ms. Baker on Monday. Is that right?
[01:23:33] Mr. Melton: Correct.
[01:23:34] Amai Cruz: It's undisputed that you didn't see Ms. Baker on Tuesday. Is that correct? Correct. It's undisputed that you didn't see Ms. Baker on Wednesday.
[01:23:40] Mr. Melton: Is that correct?
[01:23:41] Amai Cruz: That's correct. And it's undisputed that you didn't see Ms. Baker on Thursday?
[01:23:44] Mr. Melton: Correct.
[01:23:45] Amai Cruz: And it's undisputed that you didn't see Ms. Baker or -- you would say you didn't see Ms. Baker on Friday.
[01:23:51] Mr. Melton: I think it's undisputed.
[01:23:54] Amai Cruz: So we have Friday, Thursday, Wednesday, Tuesday, Monday. So we would say at least five days, right? Correct. Okay. And you told Ms. Bigham that the closest time -- for the first time -- that you believe you saw Ms. Baker last or had sexual intercourse with Ms. Baker last was the Sunday before she left. Is that right?
[01:24:15] Speaker ?: Sounds accurate.
[01:24:16] Mr. Melton: Yes.
[01:24:17] Amai Cruz: Okay. And that was the first time in 24 years that you ever told law enforcement that you had sexual relations with Ms. Baker on Sunday?
[01:24:24] Mr. Melton: I think in the past I'd said it in the weekend and I had said we had sex on Saturday and then -- and I'm sure that -- I believe that we had sex on Sunday. It's just -- yes.
[01:24:38] Amai Cruz: That's a yes to my question?
[01:24:40] Mr. Melton: I would say yes.
[01:24:43] Amai Cruz: So if you're -- I won't ask that question. So at the time of Ms. Baker's death, you stated today I believe that you and Tara -- well, I'll ask you, how long had you and Tara been dating at the time of her death?
[01:24:56] Mr. Melton: That would be two and a half years.
[01:24:59] Amai Cruz: Not three and a half years?
[01:25:01] Mr. Melton: Two and a half years.
[01:25:03] Amai Cruz: Not three and a half years?
[01:25:05] Mr. Melton: From -- I mean, two and a half to -- I think every two-year anniversary was the July 4th prior. I believe that we considered us actually a couple. Okay. Yes.
[01:25:21] Amai Cruz: So we'll say two and a half years. So in two -- two years, two and a half years, within that two-year window, you moved to Athens to be near her. We've agreed on that.
[01:25:29] Mr. Melton: Is that right?
[01:25:30] Amai Cruz: Correct. You helped her move into her Deer Park apartment. Is that correct?
[01:25:33] Mr. Melton: Correct.
[01:25:34] Amai Cruz: And at the time she moved into her Deer Park apartment, is it fair to say that you two were in a serious relationship?
[01:25:41] Mr. Melton: Correct.
[01:25:42] Amai Cruz: But Ms. Baker didn't choose to move in in an apartment with you. Is that correct?
[01:25:47] Mr. Melton: That is correct.
[01:25:49] Amai Cruz: The day before Ms. Baker died, you would agree that you two spoke five times. Sounds right. And we've agreed for the past 20 years, you've stated courts indulgence. Now, Mr. Melton, we've already agreed that in 2001, you were advised that Ms. Baker was sexually assaulted. Is that correct? That's correct. Okay. You heard it. You testified to it. Is that right? Correct. You recall also meeting with GBI again on May 5th, 2024. Is that right? That's correct. And during the May 5th, 2024 interview, you were told that someone else's DNA was found in Ms. Baker's mouth. Do you remember that?
[01:26:30] Speaker ?: That's correct.
[01:26:31] Mr. Melton: Okay.
[01:26:32] Amai Cruz: And is it -- you were told that it was the bad guy's DNA. Is that right?
[01:26:37] Mr. Melton: That's correct.
[01:26:38] Amai Cruz: You were also told by law enforcement that they did not intend to arrest you. Is that correct?
[01:26:43] Speaker ?: That's correct.
[01:26:44] Amai Cruz: And they told you that they needed your help explaining away your DNA. Is that right?
[01:26:50] Mr. Melton: They were trying to have an understanding of why the DNA was in their mouth -- or was in Tara's mouth. So, ask your question again? Sure.
[01:27:02] Amai Cruz: They told you they needed you to -- they needed to be able to -- let me rephrase it. They were asking you to help them explain away your DNA or why your DNA would be present in their mouth. Yes. Now, when they told you that there was another DNA profile in Ms. Baker's mouth, your response is -- Can we approach, please?
[01:27:23] Speaker 3: May?
[01:27:24] Amai Cruz: Mr. -- it's just a little bit more to the -- Oh, okay. All right. So, we've agreed that you were aware that Ms. Baker was sexually assaulted in 2001, right?
[01:27:37] Speaker ?: Correct.
[01:27:38] Mr. Melton: Okay.
[01:27:39] Amai Cruz: And despite this knowledge of her being sexually assaulted at the time of her death, your response was, "I'm kind of stunned. I'm hearing there's two people, me and somebody else." There's further description to that. I think they say, "In her mouth."
[01:27:51] Mr. Melton: Yes. Okay. You make that statement. And when they said, "In her mouth." Yes.
[01:27:56] Amai Cruz: Would it be shocking that if someone was sexually assaulted by someone else, that they would likely have more than one DNA profile in them? Is that fair to say?
[01:28:11] Speaker 3: Judge, I'm going to object for -- calls for speculation.
[01:28:16] Speaker 6: I'm going to sustain that objection.
[01:28:18] Amai Cruz: In your personal knowledge, okay, if someone, whether by choice or not, is intimate with two people, you would expect that two people would be present. Is that fair? If somebody was sexually assaulted.
[01:28:31] Mr. Melton: And I'm thinking that if it's in the vagina and -- yes.
[01:28:44] Amai Cruz: No. If it's in the vagina and what?
[01:28:47] Speaker 5: Please finish that statement.
[01:28:49] Mr. Melton: The question was asked. Well, actually, how can I full have an explanation of the thoughts that are going through my head at that moment?
[01:28:59] Amai Cruz: If I can ask you this, can you answer my question first and you can explain anything you need
[01:29:03] Speaker ?: to explain?
[01:29:04] Mr. Melton: Fair enough.
[01:29:05] Amai Cruz: Is that fair? Just restate your question, please. So I think we agreed on the point that you said you were kind of stunned. I'm hearing that it's two people, me and somebody else. We've agreed on that, right? Yes. And my follow-up question was, based on your personal knowledge, if someone is sexually assaulted by someone other than yourself, you would expect two people to be present. Is that right? I would say yes. Sexually assaulted by someone other than yourself, you would expect two people to be present. Is that right?
[01:29:41] Mr. Melton: I would say yes, but I do have further explanation of my statement. Sure.
[01:29:47] Amai Cruz: You were asked about your sexual history with Ms. Baker. Is that correct?
[01:29:52] Mr. Melton: When can I continue? When can I continue to?
[01:29:55] Amai Cruz: So I can't answer questions? The Honorable Court has only given me authority to ask questions. I didn't mean to look that direction.
[01:30:00] Mr. Melton: I apologize.
[01:30:01] Amai Cruz: But the question I have for you, you have previously described your sexual relationship with Ms. Baker. Is that correct? Yes. And that did not include anal intercourse? That's correct. And when investigators interviewed you on May 5th, you understood the importance of being truthful. Is that right? That's correct. And you understood, excuse me, and you told them that you and Ms. Baker never, ever engaged in anal sex. Is that right?
[01:30:30] Mr. Melton: That's correct.
[01:30:31] Amai Cruz: Okay. And just a couple more questions for you, Mr. Melton. I thank you so much for your patience. During direct examination, you talked about items on your hands. I believe you said it was plumber, cement, it was solvent. What were the items that were on your hands when you met with police?
[01:30:44] Mr. Melton: When do I get to go back and talk about the other, refer to the previous question that you had?
[01:30:50] Amai Cruz: So the honorable court has only given me authority to ask questions after this hearing. You and I can discuss it if you would like.
[01:30:55] Mr. Melton: I do not have an explanation to an answer. If I'm not, do I have the opportunity to explain a statement? If I'm not, I'm assuming I'm granted that. I'm not sure about the order of the questions that he's stating that Liz and Jeremy had asked me, the order. Okay.
[01:31:15] Amai Cruz: Objection, you're not responsive to any question that I asked. No question about the order of questioning my investigators. Okay.
[01:31:22] Speaker 6: The reason -- Hang on just a second. What was your question again, Mr. Cruz?
[01:31:26] Amai Cruz: I believe the question, and Mr. Melton can correct me if I'm wrong, that he would like to follow up on, was the question in regards to his statement. I'm kind of stunned. I'm hearing there's two people, me and somebody else. And I believe he mentioned about it being in her mouth. And I think he wanted to follow up on that, Your Honor.
[01:31:44] Speaker 6: All right. Well, witnesses are allowed to explain their answers if they answer yes or no. Did you -- why don't you ask that question again and see if you get the yes or no question. And if this witness would like to explain his answer, he may do so.
[01:31:57] Amai Cruz: Sure. And despite knowing that Ms. Baker was sexually assaulted for 23 years, when you were told that somebody else's DNA was found in her body, your response was, "I'm kind of stunned. I'm hearing there's two people, me and somebody else." Is that correct?
[01:32:20] Mr. Melton: Correct. Okay. With the explanation. When Liz -- they tell me, not that it's in her body, they tell me specifically that it's in her mouth. Okay. In my mind at that point, I'm not accurate about DNA and so forth, timing and so forth. But there was just a short fraction moment of a time. And if he can -- if I can request to even play that section of the audio, that for just a moment, I was taking consideration that -- say this is this -- was this voluntary. Because I was under -- I was -- why in the world would she not bite his penis? If somebody tried to do that, why would you not bite his penis? And that's what I was expressing. And I was in shock that it was in her mouth because for just a fraction of a moment, it kind of went through my head. I was like, was something happening there that I was unaware of with Tara? And I'm ashamed to even think that for a second. And then Liz responds, "Don't let your head go there." It's on the audio recording.
[01:33:44] Speaker 6: Rejection. That objection.
[01:33:46] Amai Cruz: That's sustained, Mr. Melton. So you can't mention what anybody else said. I would like to follow up on the -- okay. I -- yeah.
[01:33:56] Speaker 3: The hearsay objection. Mr. Cruz, in this line of questioning, has specifically mentioned the words that the GBI agents are saying back and forth to Mr. Melton. So I think as it relates to the rule of completeness in this line of questioning, Mr. Melton is allowed to talk about that because of the fact that Mr. Cruz has opened the door to it in his line of questioning.
[01:34:21] Speaker 6: I'd like to respond to the objection about the rule of completeness. I would.
[01:34:25] Amai Cruz: So the purpose of my questioning was the objective effect on the listener. So it wouldn't apply as hearsay because they give him information or they make a statement to him. The most important portion of it isn't what's said to him. We aren't offering that for the truth of the matter. We're offering it to the jury for his response. So any time that I've mentioned something from GBI has either been a question that was asked, which is not hearsay because it's not a statement offered for the truth. It's a question. Or two, the objective effect on Mr. Melton in regards to how did he respond to that information. The rule of completeness, from what I understand, applies to documents, videos, things that if you only play a portion of it, a short portion of it, it wouldn't put it into context. Now if the state would like to, well, I won't get into that, but that's my understanding of the rule of completeness. Right now we're just going through his testimony with non-hearsay statements from law enforcement. Okay.
[01:35:17] Speaker 6: I'm going to withdraw my former comment that it is hearsay. Both parties have agreed that it is not hearsay. I'm going to allow you to complete your statement. Go ahead.
[01:35:28] Speaker ?: All right.
[01:35:29] Amai Cruz: Back to what I was saying. I didn't agree that his statement wasn't hearsay. His statement was hearsay as far as what Ms. Bingham said. I was explaining my statements.
[01:35:38] Speaker 6: Well, I'm going to allow him to say however you characterize it. I'm going to make a finding that both parties have said it's not hearsay. I'm going to allow you to continue explaining if you choose to do so.
[01:35:48] Mr. Melton: Yes, ma'am. I'd like to continue. There was a moment when I'm going to have to back up to touch, I guess. But I hear that there's semen in her mouth. I'm expecting it in other places of her body. But in her mouth, I was like, how did she not bite this person? And for just a moment, I was like, was this voluntary? And then I was going the wrong thoughts in my head. And Liz picked up on that also. And she stated something that was beyond my realm of consideration. And she says that's if Tara was still alive. You were in her mouth too.
[01:36:28] Amai Cruz: Is that correct?
[01:36:29] Mr. Melton: It's the DNA. You're saying yes, the DNA was located. Okay. That's what I've been told.
[01:36:36] Amai Cruz: And I just want to make it very clear for the jury. When you met with law enforcement on May 4th, 2,000, May 5th, excuse me, 2024, you understood that your DNA was in Ms. Baker's mouth.
[01:36:49] Mr. Melton: That's what I was told.
[01:36:51] Amai Cruz: Last question I have for you. I want to talk about your hands a little bit. Did you state you punched the wall 30 times?
[01:36:57] Mr. Melton: I punched, I stated that I couldn't remember how many times I'd punched it, but it was, I was just guesstimating. Okay.
[01:37:07] Amai Cruz: But you stated that you punched it so hard that shingles were falling off the house?
[01:37:12] Mr. Melton: No, that I could hit, I was hitting the, at some point when I came through, I know I hit the siding.
[01:37:18] Amai Cruz: Okay. Did you mention that you were hitting concrete and things of that nature? Sir? Did you mention that you hit concrete? Did I hear that?
[01:37:25] Mr. Melton: Well, that's what the siding was made of.
[01:37:27] Amai Cruz: Okay. So you were punching through the wall and hitting concrete?
[01:37:30] Mr. Melton: Yes. I remember there, yes, I remember punching through and filling the other side.
[01:37:35] Amai Cruz: Okay. Um, you would agree that you never told law enforcement that you sought medical treatment for your hands. Is that correct?
[01:37:42] Speaker ?: That's correct.
[01:37:43] Mr. Melton: I never did. Okay.
[01:37:45] Amai Cruz: And you would also agree that you didn't break any bones in your hands.
[01:37:48] Mr. Melton: Is that correct?
[01:37:49] Amai Cruz: That's correct. I never agree that the injuries to your hand were scratched like injuries. Is that right?
[01:37:54] Mr. Melton: They were scratched like injuries on my hand. Yes.
[01:37:58] Amai Cruz: I think we established this. This is my last point. And I believe we've already talked about this and we've agreed on it maybe multiple times, but your hands were covered in work supplies when you went to meet with law enforcement.
[01:38:09] Mr. Melton: Right? Yes. I believe there was primer and maybe some glue that was on my hands. You also mentioned cement as well. Plumber cement, I think you said it. Plumbing and cement? It's a possibility. I wasn't completely accurate of all this, but it's primer I know that sticks to your hands and then there's probably little pieces of adhesive. Okay.
[01:38:30] Amai Cruz: And I want to ask you something that's very interesting to me, and this is my last question for real. Mm-hmm. You refer to the officers by their first names. How many times have you met with them before this trial took place?
[01:38:40] Mr. Melton: That's how they always introduce themselves.
[01:38:43] Amai Cruz: My question is how many times did you meet with them before this trial?
[01:38:46] Mr. Melton: Before this trial? Mm-hmm. When they interviewed me? Yeah. How many times? I think I've had a total of five, six interviews, I guess.
[01:38:57] Amai Cruz: And that includes with the prosecutors as well?
[01:39:00] Mr. Melton: As far as with the prosecutors, maybe two. Okay.
[01:39:06] Amai Cruz: So they've met with you a total of seven times, but they told you that your DNA was present in Ms. Baker's dead body. Is that right?
[01:39:12] Mr. Melton: Who's -- you're talking about Liz? Correct. And Jeremy? Correct. When they interviewed me? Correct. They said the DNA was also there. Yes.
[01:39:22] Amai Cruz: Thank you, Mr. Melon. I have no other questions for you.
[01:39:25] Speaker 6: Penny, redirect Mr. Yellen and Shelley.
[01:39:27] Speaker 3: Yes, Your Honor, briefly. Mr. Melton, I've got just, you know, one -- well, I'm not going to call it one question. It might turn into a couple. But just one thing that I wanted to talk to you about, because there's been some testimony about this incident between you and Tara, but there hasn't been any testimony about what that incident was. Can you explain to us, you know, what it is that happened and what this disagreement that you all had -- and I believe you testified it was the only disagreement that you could necessarily recall that was ever serious. What was it?
[01:40:12] Speaker 4: Just bear with me. Just bear with me.
[01:40:17] Mr. Melton: There was a time that Tara took care of me. I had gotten an infection. I had cellulitis that had entered my body through my thighs and through my buttocks on a job site late summer. Late summer, I remember it being hot. I had been shaved. I was on a new job site, sitting on the -- sitting on the soil, installing plumbing. But during that time, evidently bacteria that had been in the soil entered through my clothes, entered my skin, and got me infected. That same day, later that evening, Tara was at my house, and she saw the effects it was having upon my body. And I had swollen up in between my thighs and my legs, and my skin started turning black. She told me, "You need to go to the emergency room." She took me to the emergency room. She -- once that was taken care of there, I had to come back to my place, and I could not walk or move around for a long period of time, possibly up to, if I can recall, two weeks. Okay? During that time, Tara was my caretaker. That's when she was given a key to get in and out, because I could not go up and down the steps without having her come in to take care of me. Well, time goes by. Now I'm at the end of this, and I've healed up, and I'm ready to go back to work. So, she has stayed over. She stayed behind that morning to show herself out. Once I had gone to work, I had -- she had called me and said, "We need to talk." And I said, "Okay." Well, she said she would meet me back at the house, meet me back in my place. While I was gone, what she had found, there was -- I had a TV armoire with VHS tapes. And as embarrassing as it is, and this is something I had since I was 19 from back in college, she found an adult video. It wasn't anything crazy. It was just one video. And bright orange, I might add, so it wasn't concealed. It was just there. And that hurt her feelings. She felt so disrespected. I was ashamed. I was embarrassed. I can't even quite remember the last time I had even seen it, but I was still in possession of it. She sat down in that argument, and she demanded, "When did you receive -- when did you come in possession of this?" And then I further explained that when we were in college, back -- I guess I'm 19 at this time -- one of the cheerleaders was actually marrying another cheerleader. It was a man and a woman. They had been partners for a while, and they actually were getting married. Well, there was a bachelor party that didn't have anybody, no females show up or anything, but they had this adult video playing on the TV. And during that crazy little bachelor party guys kind of thing, well, that's how I obtained it. Because I asked the host, I was like, "Hey, man, do you mind if I have the tape?" I was not in a relationship or anything at the time. I'm ashamed to say that, embarrassed. But when she found that, I felt like I broke her heart. That was not who she was, and I hope that's not a representation really of who I am. I was a young man. She found that tape, and that was the only time I can ever recall that she raised her voice at me. And she demanded that I destroy the tape and throw it in the dumpster by my apartments with her hands on her hips, watching me. And I did. And we agreed, and I talked it out, and I laid everything out for her as she asked. And I was laying all my cards on the table. I was honest with her. I was honest with her. She chose to show me grace. And she was understanding. And we made up that same day and in that evening. Okay? But that always stayed in the forefront of my mind as the time that I could have jeopardized our relationship. And I've always shown her respect. And I didn't realize I was showing her disrespect in that fashion at that time. But she made it clear that that was inappropriate and that I should never do that again. And I agreed. And that's the incident that I explained to law enforcement when they asked me, "Is there ever a time that..." That's what I hear. "Is there ever a time that you have jeopardized your relationship?" And that's what I tell them. I tell them that story. And that's the context of where that answer came from. Judge, I don't have any other questions for Mr. Milton.
[01:46:09] Speaker 6: Any recross, Mr. Cruz? Yes. Go ahead.
[01:46:13] Amai Cruz: Mr. Milton, you've gone to Ms. Baker's house with her before, right? We've agreed on that?
[01:46:17] Mr. Melton: Yes, sir.
[01:46:18] Amai Cruz: Okay. You've seen -- it's fair to say that you would see her take out her key and unlock the door. Is that right?
[01:46:24] Mr. Melton: Yes, sir.
[01:46:25] Amai Cruz: So you would know what her house key looks like. Is that correct?
[01:46:28] Mr. Melton: I guess it looks like a house key. Yes, sir.
[01:46:31] Amai Cruz: And you would agree if you showed up to Ms. Baker's house unannounced, she would probably let you in. Is that right?
[01:46:37] Mr. Melton: If I showed up to her house unannounced and knocked on the door and she answered the door? Correct.
[01:46:42] Speaker ?: Yes.
[01:46:43] Mr. Melton: No other questions.
[01:46:45] Speaker 6: Any redirect, Mr. Yamagilli?
[01:46:48] Speaker 3: No, Your Honor.
[01:46:49] Speaker 6: May this witness be excused.
[01:46:50] Speaker 3: We'd ask that he is.
[01:46:51] Speaker 6: Any objection from the defense? Hello.
[01:46:53] Speaker ?: You are free to go, sir.
[01:46:55] Speaker 6: Ladies and gentlemen, we are going to take a lunch break. It is late, but we are going to take a lunch break. I'm going to ask that, of course, when you leave this building, you don't discuss the case. You don't do any research as we have discussed. You don't go to any of the locations you may have heard about. We're going to take a lunch break until 3:15, so it will allow you some time to get to your cars and things of that nature. The deputies will escort you, of course, as a group to the elevator and will escort you to the beginning of the parking deck. deck. Enjoy your lunch. We'll see you back here at 3:15. Thank you for your patience.