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Yella Beezy's Lawyer Toby Shook Cross-Exams Detective Eric Barnes In MO3 Murder Trial

Meghann Cuniff November 7, 2026 3h 6m 21,183 words 1 views
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About this transcript: This is a full AI-generated transcript of Yella Beezy's Lawyer Toby Shook Cross-Exams Detective Eric Barnes In MO3 Murder Trial from Meghann Cuniff, published November 7, 2026. The transcript contains 21,183 words with timestamps and was generated using Whisper AI.

"Thank you, Barnes, uh, my understanding that you were involved came involved in this case, uh, on the day, uh, Melvin Noble was killed. Is that correct? Yes, sir. And I believe you described that you were actually involved. Uh, yes. Detective Anderson was the, uh, the, uh, lead detective, but you..."

[00:00:00] Speaker 1: Thank you, Barnes, uh, my understanding that you were involved came involved in this case, uh, on the day, uh, Melvin Noble was killed. Is that correct? Yes, sir. And I believe you described that you were actually involved. Uh, yes. Detective Anderson was the, uh, the, uh, lead detective, but you began to take on the role of co lead. Yes, sir. All right. And when Detective Anderson retired, you, you were the sole lead detective on. Yes. And as being co lead, did you have full access to his file? Yes. And you reviewed all any work he's done as well. Is that right? Yes. Now, Detective Barnes, uh, you've got a lot of different dates involved. So I want to make sure it's clear to me. Uh, on some of these dates. Okay. Yes, sir. And November 11th, uh, is the date obviously Melvin Noble was, uh, was killed. Is that correct? Yes. Uh, November 19th, 2020, uh, Kevin Brown was arrested on federal charges. Yes. And later charged, uh, was murdered after that. Yes. And then on November 23rd, Keone White was arrested, Keone White was arrested on federal charges. Yes. And then on December 9th, 2020, Keone White was arrested, uh, on federal charges. Yes. Then in custody since then. That's correct. Then May 12th of 2023 when Jerry Johnson was arrested on the federal federal. Yes. Yes. Yes. And Jerry Johnson still in custody. Yes. And March 20th, 2025 was when Marquis Conway was arrested after he was indicted by a grantee. Is that correct? Yes. Thank you. Mr. Barnes, I want to show you what's been marked as 125. Does that actually reflect the timeline you just went over? Yes. Coming on, it's time over. [00:03:27] Speaker 2: Would you describe 125? [00:03:29] Speaker 1: 125 is a vertical timeline of the dates. The persons were charged and arrested. [00:03:37] Speaker 2: Thank you. [00:03:52] Speaker 3: Can I reject the cumulative and it's evidence that he's already testified to? Welcome. [00:04:00] Speaker 1: Madam, Bubbles, sir. Thank you, Mr. Again, starting at the top of it, we went over November 11, 2020. Is that right? Yes. We have the Devin Brown in custody, still remains in custody, November 19, 2020. Yes. He went like then on December 9, 2020. He's been in custody since that time. Yes. And then Jerry Johnson, May 12, 2020, arrested on the Federal Drug Conspiracy Charge. [00:04:44] Barnes: 2023. [00:04:45] Speaker 1: Yes. Yes. Theodore Thomas, July 12, 2023, arrested on the Federal Drug Conspiracy Charge. Yes. And he was released in February of 2025. Is that correct? [00:05:01] Barnes: Around that time period. I don't know the exact date. [00:05:04] Speaker ?: Oh. [00:05:04] Speaker 1: And March 20th of 2025 was the day Marquise Conway was arrested. Yes. And he was arrested after an indictment had been returned by the Greens. Is that right? Yes. Now, the normal way, let me ask you this first of all. The very small, known as Trap Boy Freddy, his name has come up quite often in this case. Yes. He's not been arrested. No. Okay. He's not been indicted. [00:05:31] Barnes: No. [00:05:33] Speaker 1: Anywhere in this timeline. [00:05:35] Speaker ?: No. [00:05:37] Speaker 1: You know as to what you need for an arrest and an indictment is the burden of proof of probable cause. Yes. Which is one of the lower standards of the burden of proof. [00:05:48] Barnes: That's correct. [00:05:49] Speaker 1: You got reasonable suspicion for a police officer as to have some facts that are reasonable to detain a citizen. That's the lowest. Is that right? Yes. A step up from that is probable cause, where you have facts you can take to a magistrate that shows that a crime may have occurred. Yes. You don't have that type of evidence against a very small or a Trap Boy Freddy? No. Usually, when, in a felony case, a murder case, you usually go, the normal procedure is, you gather your evidence, and if you think you have probable cause for an arrest, you get an arrest affidavit and take that to a judge. [00:06:35] Barnes: I wouldn't consider that the normal way. That's one of the ways. It's a tool that we have, yes. We have options. [00:06:43] Speaker 1: What's your other option besides getting a warrant or sentence for it? [00:06:46] Barnes: We can go to the grand jury. [00:06:48] Speaker 1: Okay. Are you saying you go to the grand jury all the time on murder cases without ever arresting people and just get them indicted? [00:06:55] Barnes: That's not what I'm saying, no. What I'm saying is, when you say normal, it implies that if you do something outside of going to get a warrant to arrest, it is not normal, like there's something wrong with the process. [00:07:06] Speaker 1: No, what I mean by normal is what you usually do on a day-to-day basis as a homicide officer. Yes. Other than this case, Marquis Conway, how many times, when you're the lead detective, a defendant has been indicted without you first arresting me? [00:07:26] Speaker 3: You know, I'm going to object to relevance to what he's done on other cases as far as getting indictments and filing cases. What is the relevance? [00:07:33] Speaker 1: The relevance is, Judge, this is a very, he did not go through the usual procedures of getting an arrest activity. He did it with an indictment, and it's highly unusual. I'm going to object to the defense to testify. [00:07:46] Speaker 2: It's the same. All right, go ahead. [00:07:49] Speaker 1: Now then, how many other times have you done that? I've done it before on a murder for hire case. How many, just one other time? Yes. Okay. In all the other murder cases, you went to a judge with an arrest epidemic, is that right? [00:08:09] Barnes: Based on my recollection at this time, I only know one other time. [00:08:13] Speaker 1: So, in all your other cases, you went to a judge after you wrote up an arrest epidemic, is that right? [00:08:20] Barnes: Yeah, based on my recollection at this time, that's all I recall. [00:08:23] Speaker 1: All right. And is the procedure in the Dallas Police Department that when you get an arrest affidavit for a capital murder or a murder case, do you first take it to a supervisor to get their approval? Yes. Okay. Prior to Marquise Conway being indicted on this case, had you ever prepared an arrest affidavit for Mr. Conway's arrest in this matter? No, I didn't. So, you never have, during your investigation, gone to the trouble of writing up an affidavit. Is that right? That's correct. [00:09:02] Speaker ?: That's correct. [00:09:12] Speaker 1: You've testified about the fact that some, in a case like this, in this case, some people are not cooperative. Is that right? Yes. Okay. You provided a list of witnesses that you had interviewed and had contact with, in this case, throughout your investigation. Do you recall that? Yes. Do you recall that you put together and also labeled them whether they, in your opinion, were cooperative or non-cooperative? Do you recall that? That's correct. Do you remember how many witnesses were listed? I don't. May I approach the witness? [00:09:52] Speaker 2: Yes, ma'am. [00:09:54] Speaker 1: Take a moment just to read that to himself. Thank you. Thank you. [00:10:38] Barnes: I don't, I don't know the exact number of witnesses. I can count the ones on this sheet if you would like. [00:10:44] Speaker 1: Well, that's the, uh, the request was made for you to list the witnesses you had interviewed in, which were cooperative and non-cooperative, correct? That's correct. And that's what this list contains? Yes. Are there 19 names on there? I have it counted, but I can, if you would like. Yes, 19. And, uh, how many of them were, uh, cooperative? [00:11:28] Speaker ?: Fourteen. Fourteen. [00:11:28] Speaker 1: Fourteen. Fourteen. The ones, 14 of the 19 were cooperative in your opinion? Cooperative in talking with police. All right. And the ones you listed as uncooperative were the total defendants of this case. [00:11:49] Barnes: Can I look at the list again so I can give you a definitive answer? [00:11:52] Speaker 1: Yes, sir. Just, may I have a briefing to move you by? Yes. Okay. [00:12:17] Barnes: Not all of them. There's an additional. [00:12:19] Speaker 1: Additional one is, uh, very small? Deontay Junkin. Okay. So, we've got four indicted co-defendants. Marius Moore and a man named Johnson, who, uh, in your opinion, were uncoops. Yes. One of the persons, uh, on this list is, uh, Theodore Thomas, is that right? [00:12:50] Speaker 5: That's correct. [00:12:53] Speaker 1: I'm going to ask you a few questions about Mr. Thomas, okay? Okay. Now, Mr. Thomas was one of the individuals that was arrested in the, uh, drug conspiracy, uh, on July 12, 2023. Yes. Uh, and because it's a federal drug conspiracy, uh, he remained in custody until he was released in February of 2020. [00:13:17] Barnes: Yes, I don't know exactly what date he was released, but around that time period. [00:13:21] Speaker 1: All right. Now, the year before, he had been arrested by the Dallas Police Department on, uh, what they call a manufacturing delivery case. Yes. And that involved the same people, Jerry Johnson, uh, Cedric Bradley, uh, that were also indicted in a federal, uh, drug conspiracy case. [00:13:40] Barnes: Yes. [00:13:40] Speaker 1: And he and the others were able to make bond in those cases, is that right? Yes. Which means they were released from jail. Yes. But the, uh, federal conspiracy case, when it, when they were indicted, included all the acts from the state, uh, drug test. Is that right? [00:13:58] Barnes: Yes. [00:14:01] Speaker 1: And you partook in the investigation of the state case as well? [00:14:04] Barnes: No, just the federal. [00:14:06] Speaker 1: Did you know what that case was going on? [00:14:10] Barnes: After, I found out after they had already been arrested and bonded out. [00:14:13] Speaker 1: All right. But you were the, uh, agent, because you were in, uh, your ATF role, that, uh, did file the case and had been arrested in the federal charge. Yes, sir. And the first time you talked to Mr. Thompson was when he was arrested in, uh, May of 2022, uh, May 12, 2022, I believe, on that state charge and made bond. He was arrested again on May 20th of 22. Can you call that? [00:14:44] Barnes: Yes, I didn't speak with him when he was arrested in on the 12th, but on the 20th, he did. [00:14:49] Speaker 1: Yes. And that's when you had a conversation with him, uh, uh, at the Dallas police airport. Yes. Now, as part of the, uh, federal case, uh, Mr. Thomas, uh, was in custody and was looking at some significant time. Did you agree with that? [00:15:12] Barnes: I'm not sure it was a, I don't know how long he was looking for, looking at, but I do, I am aware of his, his charges. Okay. [00:15:20] Speaker 1: Federal, uh, drug distribution cases usually do with the count have at least 20 years. [00:15:25] Barnes: I'm not, I don't know. [00:15:28] Speaker 1: As a ATF officer with, and you file federal cases, you're not aware of, of the penalty range of the counts? [00:15:36] Barnes: I know that the federal system has a complex way of weighing out what penalty ranges is. And it's based off criminal history support system. [00:15:44] Speaker 1: So it varies based on defending were you aware, you were aware that, uh, uh, in, uh, September 23rd of 2020, 40, you were present at the debrief. He came to talk with the federal authorities. Yes. But you believe it yourself. Yes. And you were aware at that time that he had been giving notice that federal prosecutors were considering, uh, inditing him in a Rico case. Yes. Uh, and that can carry up to a life sentence. [00:16:12] Barnes: That's correct. [00:16:13] Speaker 1: And you're aware that, uh, he then came forward and that's when he told this story about being, uh, in an SUV, uh, and over during the conversation. [00:16:23] Barnes: That's correct. [00:16:24] Speaker 1: And that was in, uh, September 23rd of 2024. [00:16:27] Barnes: That sounds right. [00:16:28] Speaker 1: Okay. And at that time, he also later, uh, had a Dallas Kelly drain, drain drill on February 13th of 2025 told that same story. [00:16:43] Barnes: That's correct. [00:16:44] Speaker 1: And the stories were similar in that he said he came back from California, uh, being out there with Marquis Conway. Is that right? Yes. Uh, that when he arrived, uh, he remembers having a meeting with Jerry Johnson. Yes. And that's, and he said the, uh, he was first learned from Jerry Johnson that he won. Why had shot and killed. [00:17:11] Barnes: That's correct. [00:17:12] Speaker 1: Okay. He said then at a separate time, a separate day, he couldn't tell you exactly when he was at the barbershop. [00:17:20] Speaker ?: Yes. [00:17:21] Speaker 1: And that he saw Marquis Conway, uh, pull up in his SUV. Yes. And Jerry Johnson got in the car. Yes. Uh, and that he then got in the car and overheard this conversation. [00:17:33] Barnes: That's correct. [00:17:38] Speaker 1: Now at that time, uh, you did not, had not subpoenaed the, uh, American Airlines, uh, records. Is that right? [00:17:47] Barnes: That's correct. Okay. [00:17:47] Speaker ?: Okay. Okay. Okay. [00:19:08] Speaker 1: So, it's clear to the jury, that conversation. Uh, that, uh, Theo, Theodore Thomas told you about the debrief and the grand jury happened after he returned to the California trip. [00:19:50] Barnes: That's correct. [00:19:51] Speaker 1: Okay. So, at that time, uh, you didn't have the, uh, airline records. You had not subpoenaed them. Does April 2nd sound like the day that those were subpoenaed, 2025? [00:20:03] Barnes: I didn't, uh, I didn't subpoenaed those records, but it sounds around that time period. [00:20:08] Speaker 1: They were subpoenaed after Marquise Conway was a guy. That's correct. Once, uh, uh, you got those airline, American airline records, then you were able to determine when Marquise Conway came back, uh, to the Dallas Fort Worth area? [00:20:25] Barnes: No. [00:20:26] Speaker 1: By looking at the, uh, uh, records, you couldn't tell when the flight came back and landed on, uh, November 20th? [00:20:34] Barnes: I thought you were asking about, is your question when I determined or how I determined? [00:20:39] Speaker 1: My question was, well, did you not determine it through their airplane records? [00:20:44] Barnes: We also had cell phone records. [00:20:46] Speaker 1: Okay. Uh, when did you determine through the cell phone records that he arrived back? [00:20:51] Barnes: We knew that prior to going to Grand Jury. Okay. Do you remember what day? I don't remember the day. [00:20:57] Speaker 1: Was it close to, uh, the Grand Jury? [00:21:00] Barnes: It was, it was after we had the, uh, conversation with Mr. Thomas on the 23rd of September. Okay. But it was before Grand Jury. [00:21:09] Speaker 1: All right. So, you knew, uh, at that time, uh, after Mr. Thomas had given you this information, this story, that you then looked at the cell tower information? [00:21:22] Barnes: No, I wouldn't say that I just looked at it then. We had cell tower information prior to, but we, in the effort to corroborate a statement, yes. [00:21:30] Speaker 1: Okay. And that was done to corroborate a statement. Could you tell, uh, from, uh, the, uh, cell tower information that Mr. Conway had flown back in on the 20th of November of 2020? Yes. And could you tell from the cell tower information that you looked at, I guess this is in 2024? Or, or had you done it even prior to that? [00:21:56] Barnes: We had the records prior to that, but I don't, I don't plot records. So, during, there's a time period, I can't give you an exact date. Those records were turned over to, uh, the FBI who started plotting. All right. [00:22:10] Speaker 1: Uh, were you able to tell, uh, and had the information through that, those cell, uh, title records that Marquis Conway went back to California? Yes. On November 22nd of 2020? Yes. And just so we're clear, when you, that information was sent off to the FBI for those experts to look at it, can you tell us what year that was? [00:22:40] Barnes: It's been a six year case. I would say sometime in 2022. 2022? That's my, right, that's my recollection right now. [00:22:49] Speaker 1: Okay. And do you know when, uh, the, uh, federal agents started looking at the, uh, cell tower records? [00:22:57] Barnes: I know there was a long delay. I don't know when they started looking at it, but there was a delay when we got the product back just based on the, uh, their involvement with January 6th. [00:23:06] Speaker 1: Okay. Uh, was it 2022, 2023? [00:23:11] Barnes: I'm not sure. [00:23:13] Speaker 1: Was it before 2024? [00:23:16] Barnes: Yes. [00:23:16] Speaker 1: Okay. So you know when Marquis Conway had arrived in Dallas on, uh, November 20th, and when the date that he left go back to California? [00:23:28] Barnes: Yes. [00:23:29] Speaker ?: Okay. [00:23:31] Speaker 1: Now, you said that it is important, uh, to corroborate, uh, witnesses, stories, statements, that kind of thing. [00:23:39] Barnes: That's correct. [00:23:40] Speaker 1: And that's often done with cell tower information. Yes. And that's what we saw, uh, with Special Agent Page's presentation. I think it was 98 slides. We see, uh, cell tower tracking of phones and cell towers on almost every, uh, every slide. Yes. [00:23:58] Speaker 2: Let's hold that question. It's, uh, 12.04. Let's look at the one hour of the place and the back of the room. [00:24:06] Speaker ?: Okay. [00:24:07] Speaker 1: Uh, detective Barnes, let's kind of back up a little bit. Um, we're talking about, uh, cell phone records and, and, um, uh, both sides of searches. You, uh, going back with Mr. Thomas, uh, you first, uh, we talked about, uh, the arrest that was made on, uh, May 20th of 2022. Yes. You recall that? Yes. That's when Mr. Johnson and Mr. Thomas were pulled over, uh, by, uh, Dallas police car. Yes. And the charge was, uh, uh, a misdemeanor marijuana charge as well as having a gun. Yes. And both were taken into custody. Yes. Uh, and Mr. Thomas interviewed you with at that time, interviewed with you at that time. Yes. Uh, and he was ultimately charged with that, uh, unlawful carrying of the gun. Mr. Yes. But, uh, he agreed to talk to you. Yes. Uh, and during that conversation, uh, you did ask him what he knew, uh, about, uh, uh, the murder of Melvin Noble. Yes. Ask him questions about that. Yes. Uh, ask him, uh, about the involvement of Marquis Connery. Yes. And he told you at that time that he didn't believe Marquis Connery was involved in any way. Yes. At the end of that conversation, uh, he asked about the two phones that had been taken, uh, from the custody when he was arrested. That's correct. The two cell phones, right? Uh, and he asked if you were going to return those to him. Do you remember that? [00:26:04] Barnes: Uh, it's been a while since that, that interview, but I do remember him having phones. Okay. [00:26:10] Speaker 1: Do you remember when he asked you, you said that you had, you were charging him right now, uh, and would release him, but you wanted to keep him for a little bit and gave him your, uh, card and told him to call. Well, yes. Yes, I do remember that. [00:26:25] Barnes: And told him, uh, call me and then I'll give him back to you then. Yes. I told him that in the interview, but his phones were released that day. [00:26:33] Speaker 1: Okay, so you had the phones, uh, did you download them at that time? [00:26:39] Barnes: No, I never downloaded his phone. Did you have the numbers? His cell phone number? Yes. Yes, he provided me a cell phone number that day. [00:26:46] Speaker 1: Back in 2022? Yes. Did you have his cell phone numbers prior to 2022 of, of the number he had in 2020? No. Now, you said, uh, on the rec, you mentioned that you didn't have Theodore Thomas' cell tower records. That's correct. But this jury is heard, called CDRs. Yes. Uh, did you attempt at any time to subpoena those records? [00:27:15] Barnes: No. Once I was able to confirm his number, um, and once I found out that I had a link to him, the date period of which the records were retained had already passed. [00:27:26] Speaker 1: And what, you're saying, did you reach out and determine that they had passed? [00:27:33] Barnes: They only keep those records for two years. That's a retention period. [00:27:38] Speaker 1: Which, uh, which phone company only keeps for two years? [00:27:42] Barnes: I believe it's AT&T and T-Mobile. Did you make an attempt to send a subpoena to them? I reached out to T-Mobile, and they only keep records for 24 months. [00:27:53] Speaker 1: So T-Mobile told you, no, we don't have the trip. Yes, that is what they told me. All right. But, uh, at that time, you had, uh, you had Marquise Conway's cell tower records? Yes. Okay. Now, and you said, I believe, after that debrief in, in, uh, September 23rd of 2024, uh, you, uh, you became aware and, and, and, uh, had the FBI agent. Was it, it wasn't Agent Pettit, correct? No, there was another agent that held out at first. That Agent Sedgwick? Yes. Okay. And after that debrief, did you request that he, uh, locate and see if Marquise Conway's, uh, phone was anywhere near that march? [00:28:55] Barnes: We did have them look at records, but I don't, I don't recall, uh, having him look specifically at that, at that time. Okay. During the time period, we were still waiting on a report, so there was a lot of communication back and forth, and they were still finalizing details on the report, so they already knew what we were looking at. But I did draw your attention to specific time periods. [00:29:16] Speaker 1: You're talking about, uh, in 2024? Yes. After Theodore Thomas debriefed on September 23rd, 2024. That's correct. Uh, you knew, though, that what he was consistent in what he said at, at the, uh, people, as well as the grand jury, is this conversation happened in front of the barbershop. Yes. Uh, when is it you, you determine, then, from, uh, getting the cell records that Marquise Conway had come to town on the, on November 20th, and then left town on November 27th? [00:29:51] Barnes: Um, I'm not exactly sure to date, um, but we looked into that before we went to grand jury. Okay, so you had the answer before you went to grand jury. [00:30:04] Speaker 1: Right. Right. Now, uh, as I said before, we took our lunch break, uh, we saw, uh, agents, uh, pages, 98-page report, where you are looking at and tracking, uh, phone movement almost with every slide. Correct? Yes. Okay. And that's something, uh, cell title records is something that you use to cooperate with us. Yes. Uh, if the witness says they went here, here, and here, A, B, C, uh, at this particular time, then you can see if he's telling the truth by looking at his cell talk. Yes, robbery, yes. And see if that phone is in the vicinity of that town. Yes. Uh, vice versa is true as well, right? If, uh, you've got someone saying they have an alibi and they're up in, uh, Mesquite, Texas at a certain time, uh, and not down in Dallas, uh, you can check the cell title records to see if they're, can be corroborated that story that they're in there. Yes. Uh, and if they're not, if that phone shows them in another place, then you know they're lying to you. [00:31:14] Barnes: I'm sorry, can you rephrase that? [00:31:15] Speaker 1: I said, if you try to cooperate, the suspect you're looking at saying he didn't speak with the cell phone records at a certain specific time, and you see that he's in another part of the city, then you know he lied to you. That's correct. Okay. So it cuts both legs. [00:31:35] Barnes: I thought the, I thought you were saying that the cell phone records, he's lying if he tells me he's in one part of the city and he's not. Is that what you asked? Yes. Yes, that's correct. [00:31:45] Speaker 1: Okay. So before you went to grand jury, you knew that, uh, Theodos Thomas, uh, Marky's Conway's phone was not at that barbershop time between the 20th of November and the 22nd of November. Is that right? [00:32:03] Barnes: That, that doesn't mean that he wasn't at the barbershop. His phone, his phone didn't have any records at the barbershop. People leave phones at home. People power phones off. People have multiple phones. There's any, there's a lot of explanations that could come into play with that. And that wasn't the only factor that was used before we went to grand jury. May I approach this? [00:32:26] Speaker 1: Yes, you may. And move about. Yeah. [00:32:28] Speaker ?: Okay. Okay. [00:32:28] Speaker 1: All right. Uh, so we're clear before the grand jury, you had already talked to, uh, Agent Sedgwick and he had told you when Marky's Conway had arrived in Dallas and when he had left in November. I knew he had yes, based on homework. Yes. Okay. And he did that by the cell tower, right? That's right. Okay. Uh, and you also knew it was important because you knew what Theodore Thomas' story was. that that conversation in this, you didn't happen until they got back to, uh, right? Texas. That's right. And then once you knew that he left on the 22nd, you knew that you had this two and a half day window. Yes. Okay. And Agent Sedgwick told you that Marky's Conway's cell phone wasn't on any towers down there by the barbershop. [00:33:36] Speaker 5: That's correct. [00:33:38] Speaker 1: And that would be good evidence for you to know that Theodore Thomas may not be telling you the truth, would it? That's correct. [00:33:46] Barnes: Uh, that would be a red flag. Not necessarily. That record alone by itself is not, is not all that we based our investigations off of. That would not be a red flag. That record alone is not what we all, we based our investigations off of. But that wouldn't be a red flag for you? It would give me more calls to continue investigating. [00:34:07] Speaker 1: But it caused you some concern? It would give me more calls to continue investigating. But it caused you any concern that this witness that puts Marky's Conway in front of the barbershop for this important conversation place, was not, his phone was not showing up in front of that barbershop. It would cause me to go back and look at other factors in our investigation. Yes. And Agent Sedgwick tell you where Marky's Conway's phone was during this period of the 20th, 21st and 27th. I noted it was in a northern, the northern area. It was in the Frisco area. That's correct. It never came near South Dallas, did it? That's correct. Did it appear that it was moving around quite a bit? There was some movement, yes. Okay. Did you ask Special Agent Sedgwick if he could tell if Marky's Conway had turned off his phone in any particular time to avoid detection? No, I didn't ask that. You've seen that happen in cases before, haven't you? Yes, that has happened before. Where you can see where a phone is moving, then it gets turned off? That's correct. And there's no activity at all? That's correct. But you did not ask Agent Sedgwick that? No. Would that be an explanation as to why it wouldn't be down there at the barbershop? [00:35:15] Barnes: Because his phone is off? [00:35:16] Speaker 1: Yes. It could be. [00:35:18] Barnes: So why wouldn't you ask Agent Sedgwick whether he saw that? Because at that point in time, we were still developing and building up the corroborating information. [00:35:28] Speaker 1: What building up collaboration information at Marky's Conway was at that barbershop on the 20th, 21st, or 22nd did you have? They showed him there. I didn't have any. And you didn't get any? I didn't have any based off of the statement, no. So you never developed any information that corroborated that he was down at the barbershop, either on the 20th or the 21st or the 22nd. [00:35:55] Barnes: Is that right? The absence of those phone records at all doesn't completely eliminate him from being at that barbershop. [00:36:01] Speaker 1: My question was, you never developed any corroborating evidence that Marky's Conway's phone was at that barbershop on the 20th, 21st, or 22nd. There's no cell phone records for that, no. But there's no other evidence that you were corroborating him with that had him at that barbershop on the 20th, 21st, or 22nd. That's correct. There's no other evidence they put him there. Okay. So no evidence, and the evidence that you have puts him up in Frisco, Texas, doesn't it? [00:36:31] Barnes: It puts his phone in that area. [00:36:34] Speaker 1: That's right. And did you ask Agent Sedgwick if he could see if there was any, not just turning off the phone, but any times where the phone wasn't used for long periods of time? You're right. I'm not aware of any of that. Did Agent Sedgwick tell you that Marky's Conway's phone was pretty active throughout this two-and-a-half-day period? Yes. Okay. When active means not turned off, it's receiving and hitting off towers that type of day? Yes, but you're saying over a two-day period. [00:37:06] Barnes: I didn't have a specific time range within this time period to narrow down the window that this conversation happened. I just know that it was post his trip back to Dallas. [00:37:17] Speaker 1: What do you mean you didn't have a specific time range? You knew when he got here on the 20th at noon, correct? That's correct. And you knew he left in the evening of the 22nd? That's a three-day period. That's a two-and-a-half-day period, isn't it? It's pretty much a three-day period. Okay. So you did have a time range? Not a narrow time range. It just happened sometime during that time period. You don't think noon from the 20th to leaving at 22nd around 7 p.m. is a narrow range to determine if Marquise Conway was ever down at that barbershop? [00:37:49] Barnes: There's, again, at this time period, the factors that waved into this conversation and determined whether this conversation took place and whether he was being truthful was that I knew during this time period that Jerry Johnson and Marquise Conway met up, which also came and corroborated the testimony from Theodore Thomas. [00:38:09] Speaker 1: You're talking about up at Frisco. That's correct. But we're talking about the barbershop. Yes. Because that's what Theodore Thomas' story was. This conversation was at a barbershop. [00:38:18] Barnes: Yes, and there was other parts of his testimony that led me to believe that that prior conversation took place. [00:38:26] Speaker 1: It wasn't. I'm just asking you about the barbershop. [00:38:29] Barnes: That's correct. [00:38:29] Speaker 1: Okay? You knew and didn't have any evidence that put Marquise Conway's phone at the barbershop. I'm just going to ask and answer multiple times. Sustain. [00:38:41] Barnes: There was no phone. [00:38:43] Speaker 2: Detective Barnes, I sustain the state's objection. [00:38:48] Speaker 1: Yes, ma'am. So when you went to the grand jury, and you were in the grand jury, correct? Yes, sir. You listened to all of Theodore Thomas' testimony, didn't you? Yes. And when he told the grand jurors that this conversation took place in front of the barbershop, you knew that you had phone evidence that indicated that was not true? [00:39:10] Barnes: The phone evidence indicated that the phone was in Frisco. It doesn't mean that Marquise Conway wasn't in front of the barbershop. [00:39:17] Speaker 1: And you also, you've already testified that you didn't ever develop any other evidence that put him down in the barbershop from the 20th, 21st, or 22nd. Is that true? [00:39:27] Barnes: Based on the cell phone records, his phone did not put him there. No one else put him there besides Theodore Thomas. [00:39:33] Speaker 1: All right. So when Theodore Thomas told that story to the grand jury, did you have that brought to their attention, the grand jury? [00:39:42] Barnes: No. [00:39:42] Speaker 1: Do you think the grand jurors, after hearing this story, might want to know that, hey, Mr. Thomas is saying this specific conversation happened in front of the barbershop, but we know his honky scottenway's phone was up in Frisco, Texas. Do you think they may have wanted that information? [00:39:59] Speaker 3: Your Honor, I'm going to object to relevance as to what the grand jury thought or should have known. This jury is supposed to be deciding these facts and evidence on their own and not going into what he thought or what the grand jury heard or knew. They need to be deciding to stop the facts and evidence that is in this court today. [00:40:17] Speaker 2: It's the same. [00:40:18] Speaker 3: Do you think that would be important information for a grand jury? Your Honor, I'm going to object to speculation. [00:40:24] Speaker 6: Oh, well, well. [00:40:25] Speaker 1: Do you think, your opinion, that that would be important information to give a grand jury? What information are you referring to? That the cell phone evidence shows that Marquise Conway wasn't at the barbershop when Theodore Thomas was justifying the grand jury when he said he was there. The statement that he provided to the grand jury was his statement. Do you think it would be important for the grand jury to know that you had physical evidence that contradicted his story? Your Honor, again, I'm going to object to speculation as to what would be important to the grand jury. Judge, I'm asking you. Go ahead. Would you think it would be important for a grand jury, after hearing that story, would know that Marquise, the cell phone evidence, contradicted Theodore Thomas' story? [00:41:13] Barnes: I didn't have information that contradicted his story. The records stated that his phone was in Frisco. It does not mean that Marquise Conway was not in front of the barbershop. [00:41:25] Speaker 1: Don't you use cell phone evidence all the time to convince jurors where defendants are? Yes, we do. Yes, we do. Okay. So the fact that the cell phone evidence shows him in a different place is pretty compelling evidence, isn't it? [00:41:37] Barnes: That, not, not only that by itself, there's other factors that went into making that determination. [00:41:42] Speaker 1: So getting back to my question, because you haven't answered it yet. [00:41:45] Speaker ?: Okay. [00:41:47] Speaker 1: Don't you think it would be important for a grand jury to know that Marquise Conway's phone was in Frisco, Texas, when Theodore Thomas said he was down in front of the barbershop in South Memphis? [00:42:02] Barnes: Based on that, alone again, I mean, there was multiple corroborating information that went into that decision. Well, the grand jury didn't hear that information, did they? [00:42:11] Speaker 1: The grand jury heard from Theodore Thomas. They didn't hear the information that you had, that Theodore Thomas' that Marquise Conway's phone was up in Frisco when Theodore Thomas said he was in front of the barbershop. I'm going to object to ask and answer. [00:42:25] Speaker 2: Mr. Shipp, move on to another question, please. [00:42:41] Speaker 1: Did you testify to the grand jury after Mr. Thomas? No. Did the grand jury know that Mr. Thomas had told you a different story, that in May of 20th, 2022, he told you that Marquise Conway didn't have anything to do with it? [00:43:16] Barnes: No. [00:43:17] Speaker ?: No. [00:43:21] Speaker 1: Did you, did you, did you, uh, was the information divulge to the grand jury that Theodore Thomas, uh, was, was giving consideration for his testimony, uh, and getting, uh, into the steps program? I'm not that I'm aware of. Do you think that would have been important information for the grand jury tonight? I don't know that if you're facing, uh, a potential life sentence with Rico, uh, and, and you tell a, a, a, a story that will please law enforcement, that, uh, can make them happy about receiving any case, uh, that you, that you might, Mr. Thomas could get a break from that. You realize that was an incentive for it, don't you? [00:44:15] Barnes: I do, at the point in time that we sat down and talked with him, it was a reverse proper. There was nothing on the table, no deal on the table, no incentive provided to him to encourage him to come to the table. [00:44:28] Speaker 1: Well, you had a deadline, did you not, in September? A deadline? A deadline, that he can come and talk himself out of a Rico, uh, uh, charge, uh, in September. That's why the meeting took place, isn't it? I don't know anything about a deadline. Well, after he gave that story, things changed dramatically for Theodore Thomas, didn't it, as far as federal prosecution goes? [00:44:52] Barnes: I don't know what he was looking at before. I know that he, what he did get into the SEP program. [00:44:57] Speaker 1: Okay. Well, and he eventually got out of federal custody, didn't he? That's correct. And he eventually got that case dismissed, didn't he? That's correct. Okay. You don't know what he was looking at, but you're the detective that actually brought those federal charges against him. That's correct. Okay. Those are pretty serious charges, aren't they? Drug conspiracy, yes. And one of the, uh, counts included, uh, included that Theodore Thomas had a gun. Is that right? Yes. And you know that gun count can get sacked up on, on any other count? That's correct. So he was looking at least 25 years in federal prison. [00:45:32] Barnes: I don't know what his time range is. The time ranges get complicated whenever you start adding in different factors. So I wasn't aware of his time range. [00:45:40] Speaker 1: Do you do know what a RICO charge brings? You get up to life in prison? Yes, sir. And you do know that was on the table, at least that's what Mr. Thomas was told. [00:45:48] Barnes: I do know that that was, that was what the investigation was leaning towards. [00:45:53] Speaker 1: Okay. In fact, other, uh, uh, Cedric Bradley, the same thing, he was told that he could get a RICO. [00:46:00] Barnes: That's correct. [00:46:01] Speaker 1: So he could go from, Theodore Thomas could go from potentially just 20, 25 years to life in prison. That's correct. So he charged with the RICO. [00:46:10] Barnes: Yes, the RICO charged with her, yes. And that's when he gave the story about the barge. That's when he gave his statement, yes. All right. [00:46:26] Speaker 1: And over the course of, uh, your investigation, you never, uh, spoke with the FBI that said it looked like Mr. Connelly's phone was turned off or anything like that. [00:46:39] Barnes: No. [00:46:39] Speaker 1: Uh, do you believe that, uh, Archie's Conway gave his phone to someone else and wanted to come down and sneak down to South Dallas to have that conversation in the, in front of the barbershop? [00:46:51] Barnes: No, I never said that. [00:46:53] Speaker 1: Okay. Do you believe Theodore Thomas was a minor player in your family, Drogs and Spruce? [00:47:21] Barnes: Yes. [00:47:23] Speaker 1: Did you know that he was a minor player when you included him in that conspiracy and had him arrested? Yes. And did you know that he was a minor player when the federal authorities, the prosecutors, who you were sitting with, were threatening him with a RICO charge? There was nobody threatened with a RICO charge. Well, you knew that he was a minor player when he was informed that they were going to bring a RICO charge. Yes. Okay. And that could cause someone quite a bit of concern, a defendant, if they're a minor player in a conspiracy and suddenly a federal prosecutor is informing them they're going to be moving on to a RICO charge. [00:48:15] Barnes: Yes, that's what federal charges normally cause people a reason for concern. [00:48:18] Speaker 1: They certainly do. Because when you're charged federally, once you're in the federal penitentiary, you stay there quite a while. [00:48:26] Barnes: That's correct. [00:48:27] Speaker 1: But you were sitting at the table in that room when the federal prosecutors were talking about Deirdre Thomas getting a RICO charge. [00:48:36] Barnes: They didn't specifically say he was going to get one. They just told him that the process and investigation was still ongoing towards a RICO. Nobody threatened him with any RICO charges. [00:48:47] Speaker 1: Well, they gave him the impression that he could be indicted on RICO, did they not? [00:48:51] Barnes: If the investigation moved forward. [00:48:53] Speaker 1: Okay. And that's when he changed the story and told you about the barbershop. [00:48:59] Barnes: Yes, he came in for a reverse proffer, which is when you sit down and you show evidence of what you have, of your case. And he was given the option to adhere to evidence, and he made a decision to come forward with the information. [00:49:13] Speaker 1: So knowing that Deirdre Thomas, in your opinion, was a minor player in the drug conspiracy, you were fine with arresting, and you were fine with the federal prosecutors moving forward with the RICO charge where he needed a life sentence. [00:49:27] Barnes: At that point in time, the RICO investigation was still ongoing. There was no guarantees what his sentence was. [00:49:33] Speaker 1: You would have been fine if they did go forward with that RICO charge against him with him. [00:49:39] Barnes: I don't know. I've never prosecuted a RICO or been a part of a RICO prosecution. So I had no idea what he would be looking at within that. [00:49:48] Speaker 1: You do know that the purpose of bringing up RICO was to put pressure on Mr. Thomas, was it? [00:49:55] Barnes: No. [00:49:55] Speaker 1: Put pressure on Mr. Thomas to tell you something that would get Marquise Connell. [00:50:01] Barnes: No. [00:50:08] Speaker 1: You do know that the government doesn't sit down with someone if they're going to give them information unless they have a signed proper agreement. I'm aware of proper agreements. Okay. And a defendant doesn't, and a proper is when he gives information, correct, the defendant? Yes. And they don't do that without a proper agreement? [00:50:29] Barnes: That's correct. [00:50:30] Speaker 1: A signed proper agreement? [00:50:31] Barnes: That's correct. [00:50:36] Speaker 1: And Mr. Thomas' proper agreement was signed on September 24, 2020, 2024. September 23, 2024. [00:50:46] Barnes: I don't know if he had a proper agreement. I wasn't a part of that process. All right. [00:50:51] Speaker 1: I believe you told the jury that your theory of the case is that Jerry Johnson went up to Marquise Conway's home on the early evening of November 22, 2020, and picked up the money to pay T-1-1. Is that right? That's correct. And he brought that money down to Ramona. Well, first of all, let me ask you this. You obviously weren't there at Marquise Conway's home up in Frisco, were you? [00:51:45] Barnes: No. [00:51:46] Speaker 1: And you haven't talked to any of the third party or witness that was there, correct? [00:51:50] Barnes: No. [00:51:50] Speaker 1: So exactly what went on at that house, you don't know, do you? [00:51:56] Barnes: My investigation states that there was money passing that. Well, I know you have opinions, [00:52:01] Speaker 1: but you're making assumptions as to what happened. [00:52:03] Barnes: No, the evidence reflects that. [00:52:06] Speaker 1: Okay. And that evidence is the money that Marquise, that T-1-1 was caught within Mount Pleasant. And the text messages. But the money was, was the fiscal evidence you had that money was brought from Marquise Conway and given to T-1-1. [00:52:24] Barnes: That's correct. [00:52:25] Speaker 1: And that's the money that Marquise Conway got out of the bank when he got back to town on November 20th in the afternoon. Yes. And then, under your theory, T-1-1 rides off to East Texas and that's when he was pulled over and arrested and the money was recovered. Yes. Thank you. [00:52:56] Speaker ?: Thank you. Thank you. Let me show you first what has been marked as, [00:53:43] Speaker 1: the Internet evidence of defense 53. This is the money that under your theory Marquise Conway pulled out of the bank and that was given to, by Jerry Johnson, given to T-1-Y and one of the arrested officers took it off as person. [00:54:18] Barnes: That's correct. [00:54:19] Speaker 1: And we see photos of two bundled stacks of money here in the police car from the not putting shirts. That's correct. And you know that that these two bundles were taken out of Kewan White's pockets. Yes. And now in defense 56 we see the money photograph once it was brought back to the police station. [00:54:50] Barnes: That's correct. [00:54:51] Speaker 1: And we see a black rubber band around this entire bundle here. Is that right? Yes. And we see a black rubber band under this portion of it on a separate black rubber band. Correct? [00:55:01] Barnes: Yes. [00:55:02] Speaker 1: And we see a red rubber band. That's correct. And then we see a third black rubber band here. Yes. We see a beige rubber band around the money here. That's correct. Same thing here on defense 61. Black band, black band, red band around these tens. Correct? That's correct. And then this group of money here as the beige rubber band. And then this this bundle here is a black rubber band which appears to have some $5 bills that are curling up. Correct? That's correct. All right. and then after it's counted out in the denominations we have defense 64 with the same money all stacked up and we see the same rubber bands. Is that right? That's correct. All right. You also know that he won white went to Manhattan jewelry store in Arlington, Texas earlier that day. That's correct. Defense 71 shows him he made three videos of him going to the store. Is that right? Yes. Okay. Defense 71 as a screenshot when he first arrived at the store took the money out of his backpack. Yes. That appears to be the same backpack that he took to Mount Pleasantwood. [00:56:38] Barnes: That's correct. [00:56:39] Speaker 1: Same coat that he was wearing. Yes. All right. And you know that he set the stack down on the jewelry counter right here which we see in the things 72. That's correct. And then we have a close up of what that stack looked like on that jewelry counter. Correct? [00:57:04] Barnes: That's correct. [00:57:05] Speaker 1: And we see black rubber band around a thick group of money. A red rubber band another black rubber band and another black rubber band. Correct? That's correct. Three black rubber bands one red rubber. [00:57:20] Speaker 5: Correct. [00:57:21] Speaker 1: We also see beige rubber band around here with this end of the whole stack of money and here. That's correct. All right. Let me show you the fence 78. This is after he's taking those rubber bands off the bundles and is counting it out and doing things like that. Can you call that video? [00:57:57] Barnes: That's correct. [00:57:58] Speaker 1: Okay. In defense 78 we see one of the beige rubber bands here lying on the counter, correct? [00:58:04] Barnes: Correct. [00:58:05] Speaker 1: We still see here the red rubber band around this bundle? Yes. And then here one of the black rubber bands. [00:58:17] Barnes: That's correct. [00:58:18] Speaker 1: Okay. You see this bundle here that's curled up? Yes. Okay. Can you make out the denomination of that particular? I think it's a $5 bill. Does that help? Yeah, I think it's a $5. That looks like Abraham Lincoln there? That's correct. All right. And we see fifties here then there's some hundreds there's also some ones correct? Let me show you defense 76. You see Key One White now counting out some money and it's a you see it's a $10 bill? Yes. [00:59:19] Speaker ?: Okay. Thank you. [01:00:19] Speaker 1: I want to ask you a couple questions about the video. Okay? Okay. Let me get the numbers here. [01:01:12] Speaker 2: I'm sorry. [01:01:29] Speaker ?: I'm sorry. [01:01:29] Speaker 1: good. [01:01:30] Speaker 2: 68, 69, and 70. [01:01:32] Speaker 1: Yeah. I think that is it. 68? Okay. These are going going to be defensive 68, 69, or 70. Defense 69. That's what the pack opened. Nothing was in there. cash out. Cash out. I mean, you know, cash out me. I mean, I mean, I mean, [01:02:05] Speaker 7: I mean, I mean, I mean, you know, you know, you know, you know, you know, what's going on? Yeah, it's a, it's just, it's just, it's just, it's just, it's just. [01:02:14] Speaker 1: Now, you saw him pull out more money from his pocket. That's correct. You say what the nominations over? Not in the video. Could you start the video? When we see the backpack is wide open at that point, correct? [01:02:38] Barnes: That's correct. [01:02:39] Speaker 1: We don't see anything in there now that the money's been removed. [01:02:43] Barnes: There's looks, appears to be a [01:02:45] Speaker 1: firearm there. The black object was suited up to the right, correct? That's correct. Okay. Nothing else other than what's visible there besides that that I can see. No. go on to 69. [01:03:31] Speaker 6: This is a shit talking about a nigga, Leymar Brown looking at a nigga, they're talking grief cards. Down there, smack him, what's trying to hit him. [01:03:41] Speaker 1: Is that what it is? You see, are those the tents you see there? Yeah, there's some tents. Okay. Watch those as it goes to those teams. Yeah. The denominations change there. [01:03:57] Barnes: No, that he done through four or five times. [01:03:59] Speaker 1: Okay. Okay. You see the denominations changed as he fanned through the internet set. Yes. What denominations did you see? [01:04:21] Barnes: Hundreds, tens, and five. [01:04:37] Speaker 1: Do you see the ones there to the right? Yes. Okay. That stack of ones is bound up in one of the beige rubber bands. Is that right? That's correct. Okay. What we're looking at is that stack there on the far right? Yes. Okay. So, looking now at the Mount Pleasant money, that stack we have before they're undone. First, I'll do this. Fence 74 is on the screen. I'll now put fence 56 next to it. Here we see black band, black rubber band, black rubber band, three of them, correct? [01:05:59] Barnes: That's correct. [01:05:59] Speaker 1: Okay. And here we see one black rubber band, second black rubber band, third rubber band, black rubber band, correct? That's correct. Same number of black rubber bands in both photos? Yes. We see a red rubber band around this stack here from the Mount Pleasant, correct? That's correct. We also see a red rubber band here and Manhattan jewelers. That's correct. Okay. We see a beige rubber band here around this curled up bundle, correct? That's correct. And we see a beige rubber band here and here on the money in Manhattan. That's correct. Okay. This money looks like from that he was, that Keon White was taken from in Manhattan, in Mount Pleasant, is the same money, packaged the same as it was in Manhattan. [01:06:54] Barnes: It's packaged in the same color rubber bands. [01:06:56] Speaker 1: Same color rubber bands, same condition of money too, correct? That's correct. All right. You had cruel fives here in Manhattan and you also had, as we see, in defense 61, one curl of fives in this bundle, correct? That's correct. So both photos in Manhattan and in Mount Pleasant had the same type of curl of fives. That's correct. You had tens in both photos, as we see in defense 61 from Mount Pleasant and also what we saw in Manhattan. Yes, there were tens. You saw ones in Manhattan when we froze the one video, correct? Yes. And we found ones in Mount Pleasant because there were 66 ones counted when they counted that money. That's correct. Okay. So you had the same type of denominations, correct? Yes. And the same type of rubber bands? Yes. Same color rubber bands? Yes. And the same number of rubber bands? Yes. But Manhattan happened, what was it, 5.30 in the afternoon? [01:08:10] Barnes: It was early in the afternoon, yes. [01:08:11] Speaker 1: Okay. It was long before Jerry Johnson went up to Marquise Conway's house in Frisco, wasn't it? Yes. That he had this type of money which matched the money in Mount Pleasant, correct? [01:08:23] Barnes: I don't know that the money is the same money. It's labeled in the same bands. [01:08:32] Speaker 1: Showing you Defense 64, after they've stacked it up, they look similar thickness. Maybe this one's a little smaller by being farther away. Same thickness though, correct? [01:08:48] Barnes: It's also, there's a different color rubber band on that stack than the one for Manhattan Jewelers. [01:08:53] Speaker 1: Talking about the green rubber band? That's correct. Okay. If a Sergeant Hernandez has said that was a rubber band placed there by Mount Pleasant, Sheriff's Office, you wouldn't have any reason to doubt it, would you? [01:09:06] Barnes: No, I don't, no, I wouldn't. [01:09:07] Speaker 1: Okay. So, just so the record's clear, in Defense 61, when the money hasn't been stacked up in Mount Pleasant, we don't see a green rubber band anywhere, do we? That's great. I don't see a green rubber band. All right. So, again, the money, on how it's packaged, the denominations are the same, correct? [01:09:43] Barnes: Yes, there's ones, tens, fives, hundreds, and fifties. [01:09:48] Speaker 1: All right. And twenties? Yes. Same rubber bands? I don't know, the same colors. Same color? That's correct. So, you still believe, though, that this money found in Mount Pleasant isn't this money found in Manhattan? [01:10:06] Barnes: No, I have no, without the serial numbers or being able to have my hands on that money, I can't tell. Do you believe that this is completely different money from Manhattan? I'm not saying, I don't know if some of that money was at Manhattan. I don't know if it's all the same money. [01:10:23] Speaker 1: But you believe this is the money that Marquis Conway pulled out of his bank and gave to Jerry Johnson? [01:10:30] Barnes: I believe Jerry Johnson runs a trap house. So he could have changed out some of the bills that he was given. I don't know. Drug dealers use the same type of method. So, I don't know, maybe they had a system at that house with what the color of the rubber bands are. I don't know. You'd be guessing, right? At this stage, I don't know what they did. [01:10:50] Speaker 1: When you say, I don't know, that means you're guessing. [01:10:53] Barnes: No, I'm not guessing. I just said, I don't know. [01:10:55] Speaker 1: Okay. Well, you don't know. You don't have any evidence that Jerry Johnson had at his drug houses, these types of rubber bands for packaging or a system, as you say, do you? [01:11:07] Barnes: No, I don't. [01:11:08] Speaker 1: All right. But my question was, do you believe that this money we see in Defense 61 that was found in Marquis Conway, I mean, when he was arrested, is the money that Marquis Conway withdrew on November 20th, 2020, from the Chase Bank? I believe that money is what Jerry Johnson provided to Kiwan White. And what you're saying is, the money from the bank was provided, that he was through, was given to Tom Kiwan White. [01:11:41] Barnes: I'm saying that the money was given to Jerry Johnson, who provided money to Kiwan White. [01:11:45] Speaker 1: Okay. So now, we've changed the story, but now you're saying that Jerry Johnson may have changed these bills out? [01:11:54] Barnes: It's possible. I don't know how Jerry Johnson paid Kiwan. [01:11:58] Speaker 1: It's possible. [01:11:59] Barnes: That's correct. [01:11:59] Speaker 1: But you don't know? That's correct. That's just something you think could have happened? [01:12:06] Barnes: It's possible. [01:12:07] Speaker 1: All right. Because clearly, this isn't the money that Marquis Conway withdrew from Frisco, correct? [01:12:16] Barnes: The money that was at Manhattan Jewelers was, I don't know about that money. [01:12:21] Speaker 1: Well, you know, because you've looked at the bank records that Marquis Conway withdrew $40,000 and they were $100 bills and $50 bills. That's correct. Okay. Okay. [01:12:32] Speaker ?: So now, I'm going to look at the bank records and I'm going to look at the bank records and I'm going to look at the bank records and I'm going to look at the bank records and I'm going to look at the bank records and I'm going to look at the bank records and I'm going to look at the bank records and I'm going to look at the bank records and I'm going to look at the bank records and I'm going to look at the bank records and I'm going to look at the bank records and I'm going to look at the bank records and I'm going to look at the bank records and I'm going to look at the bank records and I'm going to look at the bank records and I'm going to look at the bank records and I'm going to look at the bank records and I'm going to look at the bank records [01:13:02] Speaker 1: Let me show you this exhibit 65 I said I will tell you that this is the after the money was counted was collected by Titus County actually sheriff's office Were you aware of the denominations that were collected? Yes The 66 ones obviously couldn't come from Marquise Conway withdrawn from the bank Correct? That's correct The 354 fives couldn't come from Marquise Conway withdrawing his money from the bank That's correct Or the $2 bills That's correct Nor the $102 bills that were found on Keywon White couldn't have been drawn by Marquise Conway from Chase Bank That's correct Or the $4,320 bills couldn't have come from the bank That's correct Alright You do have $2,8100 bills Yes $2,800 Yes That were $100 bills You're saying that could be the same $100 bills that Marquise Conway put through from the bank It's possible $150, yes Okay You do know Did you yourself ever try to trace any of the bills the serial numbers We reached out to the Federal Reserve Okay There were two photographs of the hundreds recovered and if you were able to get from a photograph you were able to get the serial numbers off correct? That's correct Because the Titus County Sheriff's Office put this money in the bank the next available day I think Yes I think it was several hours out But you do know from the two serial numbers from the hundreds that you did get the numbers Federal Reserve said they didn't make a payout of that Chase Bank in Frisco with either of those My understanding is that they were unable to determine Well they were determined exactly where it was paid out weren't they? [01:15:12] Barnes: My understanding was they weren't able to trace it back to that They weren't able to determine that it came from from that [01:15:18] Speaker 1: They were able to determine where those $200 bills were originally paid out to a bank That's correct And it wasn't the Chase Bank in Frisco They were unable to determine that Well they were able to determine with great confidence where they were paid out to from the Federal Reserve I'm saying [01:15:36] Barnes: the money that came from those transactions they were unable to determine the $50 bills [01:15:43] Speaker 1: and the $100 bills where they came from I'm just talking about the $200 bills that you just testified that you notified the Federal Reserve to see if they could trace those serial numbers to determine what bank they were paid out to That's correct And that did not come to the Chase Bank that Marquise Conway No, not in No So getting back to this you believe that Jerry Johnson perhaps switched this money out before he went down and got it to Q1 [01:16:25] Barnes: My investigation revealed that there was a meetup between multiple people Money changed hands several times and at any given time that money could have been swapped out [01:16:37] Speaker 1: Well, earlier you testified that you thought he got the money from that Marquise Conway was drawn from his bank That's correct Jerry Johnson came and got the money That's correct [01:16:51] Barnes: And then when he gave it to Q1 There was an additional meeting as well prior to that [01:16:56] Speaker 1: I'll get to that in a minute but moments ago on your testimony you said [01:17:01] Barnes: Jerry Johnson may have switched the money out that money changed hands several times before it got to Q1 way Did you say [01:17:09] Speaker 1: that Jerry Johnson may have switched the money out and sell [01:17:12] Barnes: It's possible, yes [01:17:14] Speaker 1: You did testify to that earlier, correct? That's correct And do you have any idea when he had stopped along the way coming back to switch the money out? [01:17:24] Barnes: He could have swapped it out of the house I don't know All I know is the money changed hands several times Because you have no idea You're really just taking a guess that that might happen I'm not taking a guess I know based on my the evidence suggests that the money changed hands several times [01:17:38] Speaker 1: Now he's talked about while I have it I'm showing you defense 52 You've seen that photograph before? Yes Okay That's the state of the backpack when the Titus County Sheriff's Office placed T1-1 under arrest and were beginning to search items, correct? That's correct And they unzipped the bag and this is a screenshot from Sergeant Hernandez's body cam That's correct Okay And as he opened the backpack the first thing on top was this plastic bag which had gummies Yes Correct? So that common sense would tell us is the last thing that was put in that pack before it was zipped up, correct? That's correct Okay also we see three bottles of lean You know what lean is obviously being a Dallas person Yes And three bottles of lean were just under that bag [01:18:48] Barnes: That's correct [01:18:49] Speaker 1: So common sense tells us lean was put in and then this bag was put into the gummies Correct? [01:18:56] Barnes: That's correct [01:18:57] Speaker 1: And then defense 60 shows the gummies after they were placed on the table Correct? Yes Bye-bye. I want to show you what's been entered into evidence in states 487. Does that look like the same packaging that was recovered from the Titus County Sheriff's Office? Yes. And you know this photograph was taken when the house on Ramona was searched. That's correct. And you know that at that house on Ramona, there were bottles of Ling found there as well? Yes. And also, states 403 shows the same jacket that Hewan White was wearing on November 23rd when he was arrested by the Titus County Sheriff's Office. [01:20:32] Barnes: That's correct. [01:20:38] Speaker 1: And the money found on Kiwan White, two groups. There was a big bundled up pocket of cash in his left pocket and one in his right pocket. That's correct. And then that third bundle was found down below this in the backpack, correct? Yes. Yes. [01:20:58] Speaker ?: Yes. [01:20:58] Speaker 1: Yes. [01:20:58] Speaker ?: Yes. [01:20:58] Speaker 1: Thank you. Thank you. Thank you. [01:22:28] Speaker ?: Thank you. [01:22:58] Speaker 1: I'm going to ask you some questions about movements of Mark Easton, William, and Jerry Johnson's cell phones on the 20th and 27th. Okay. Now, looking at page 76. This was the slide that showed Mark Eastonway up in the Frisco area around the time that he went through the $40,000. Correct? That's correct. Shows time between 332 and 348, correct? [01:24:23] Barnes: Correct. [01:24:24] Speaker 1: And these are different cell towers that his phone is hidden off of, so we can kind of track the time, is that right? Yes. All right, we've got it. 348 up here, 332, 344. That's what, when we talked earlier, that Mark Eastonway's phone was continually pinged through this time period of November 20th through 22nd, correct? That's correct. That's correct. All right. All right. [01:24:50] Speaker ?: All right. [01:24:50] Speaker 1: Then we have slide 79, which is the same day, between 9.30 p.m. and 10.30 p.m. [01:25:01] Speaker ?: Correct? That's correct. That's correct. All right. [01:25:03] Speaker 1: And this shows Jerry Johnson's phone up in the Frisco area, very near Mark Eastonway's phone. That's correct. That's correct. That's correct. Okay. And that is the area where Mark Eastonway residence is, is that right? That's correct. Okay. [01:25:16] Speaker ?: Okay. [01:25:16] Speaker 1: And that is the area where Mark Eastonway residence is, is that right? That's correct. [01:25:22] Speaker ?: Okay. [01:25:22] Speaker 1: Okay. And that is the area where Mark Eastonway residence is, is that right? That's correct. Okay. And that is the area where Mark Eastonway residence is, is that right? That's correct. Okay. And that is the area where Mark Eastonway residence is, is that right? That's correct. Okay. And then slide 80 again shows Jerry Johnson now at 11:19 p.m. in the same area as Mark Eastonway's phone. [01:25:51] Barnes: That's correct. [01:25:52] Speaker 1: Okay. So Jerry Johnson apparently went up and met with Mark Eastonway on the 20th around 10:30 or 11:19 p.m. That's correct. Okay. And their phones are together. Correct? Yes. You don't know what they talk about, if they met? No. Do you know if they met? I don't know. And that's because you only see the phone themselves out of information? Right. [01:26:25] Barnes: Their phones are in the same area. That's correct. Okay. Do you believe they had to meet? I don't know. You don't know if they did or not? On the 20th? Yeah. This time? No, I don't know. They're in the same area, but I don't know if they met. [01:26:39] Speaker 1: The fact that he was up there for an hour, is that an indication to you that they met? [01:26:45] Barnes: I don't know. I can't say whether they met or not. The phones are in the same area, possibly. This is possible? Yes. I don't know. [01:26:52] Speaker 1: Okay. Because you can't decide anything or make that determination about a meeting with just on the cell tower evidence of cell. That's correct. But if it was Jerry Johnson's intention to get money, that $40,000 from R.P. Conway, to pay for this murder of Melvin Noble, he could have easily gotten it at this. If this was a meeting on November 20th, could he? [01:27:25] Barnes: At this point in time, the other individuals hadn't met up yet. [01:27:29] Speaker 1: Well, you know that, Mark, you talking about a trap boyfriend? That's correct. Okay. But you know that Marquis Conway took out $40,000 from the bank, Chase Bank, at 3:41 p.m., don't you? Yes. You know also that on October 23rd of 2020, the previous month, he took out $40,000 in cash on that day? That's correct. And then he went to Miami? Yes. With Theodore Thomas? Yes. Jerry Johnson? Yes. Senator Bradley? Yes. And some others? That's correct. Okay. So now, on November 20th, we see he takes out $40,000 from the bank? That's correct. All right. And it's your belief that he took that $40,000 out to pay for Golden Noble's murder? [01:28:18] Barnes: That's correct. [01:28:19] Speaker 1: So if Marquis Conway owed Jerry Johnson $40,000, I mean, for that murder and had it in his hands because he picked it up just a few hours earlier, he could have just paid it to him at that time, [01:28:31] Barnes: could he? Based on my investigation, the bounty that was paid didn't just come from him. It came from DeVarious Moore as well, which is corroborated by the text message. [01:28:42] Speaker 1: But if that was the money that was owed Jerry Johnson, he could have paid it all right then, couldn't he? [01:28:47] Barnes: Based on the investigation, the coordination and the meetups hadn't happened yet. And there was also talk amongst evidence that I recovered that said that that meetup was waiting on Trak Boyfriend to pay his part. [01:29:01] Speaker 1: Well, you're making assumptions on what text messages say and that type of thing, correct? No, I can read the text messages. [01:29:08] Barnes: I don't assume what the text messages are saying. Those words came from the people that sent the text. [01:29:14] Speaker 1: But you don't know if they're talking about bounties or anything like that. You're just seeing the text messages. [01:29:19] Barnes: Based on the totality of the circumstances of my investigation, those text messages were about the bounty. That's your opinion? Based on my investigation. That's your opinion, correct? Evidence. [01:29:29] Speaker 1: And you know that you're not giving an expert opinion, correct? That's correct. I'm going to object an argument if you're on a sidebar. I'm not arguing at all. We agree it's not justifying as an expert. I'm going to object a sidebar. Just so it's clear to the jury, you're not giving these opinions today that you've rendered in the past couple of days as an expert witness, are you? [01:29:54] Barnes: That's great. [01:29:55] Speaker 1: Okay. So, any number of things might have happened. But if, under your theory, Marquis Conway owes and was going to pay for this money, and it's owed to Jerry Johnson, and there's some urgency, he could have paid the $40,000 right then, could he? [01:30:11] Barnes: Based on my investigation, the money that was to be paid out was to be split between Marquis Conway and Trap Boy Fred. [01:30:18] Speaker 1: Right. He could have paid the money to him then, and he could have got it from his buddy Trap Boy Fred. I could have asked him answers. It's the same. Which I hadn't asked that particular question, but I asked him again. [01:30:30] Speaker ?: Okay. [01:30:31] Speaker 1: He could have paid the $40,000 to Jerry Johnson and collected lighter from Trap Boy Fred. He could have. Okay. But if he did that, if that's the scenario that happened at that meeting, then your text messages wouldn't make a lot of sense, would it? That's correct. Okay. Do you think Jerry Johnson wanted to drive all the way up there two times to get money? [01:30:56] Barnes: I don't know what Jerry Johnson went to Frisco for on that occasion. [01:30:59] Speaker 1: That's right. We don't know. We're kind of guessing at what he went up there for. [01:31:04] Barnes: Based on my investigation, the evidence suggests that those text messages proved that they were meeting up for money. [01:31:11] Speaker 1: On the 21st of November, Marquis Conway's cell phone state of the prison. stay up to the priesthood. That's right. Okay. And then slide 97, Marquise Conway's phone in this area of the Clay Hulu, correct? That's correct. All right. Earlier, you said that when we have cell phones close to each other, all you can assume or all we know is they're cell phones close to each other, correct? Yes, based on the cell tower average, yes. That's right. We don't know, because in this case, there's no other witness that witnessed what happened if they indeed didn't meet, correct? [01:32:47] Barnes: Based on the text message, the address was shared as well. [01:32:50] Speaker 1: So it wasn't just the... There was no witness that you found at the Washington Exchange, correct? That's correct. Did you go to Clay Cooley or did any detective go to Clay Cooley trying to recover video from the cameras that would show security at that dealership? [01:33:08] Barnes: At the point in time that we got the cell phone records back, it was late in 2021. [01:33:13] Speaker 1: Okay. Did anyone make the attempt to contact Clay Cooley and say, "Have you archived that footage? Can we find it?" Did anyone make that attempt? [01:33:22] Barnes: In 2021, what we had was just the raw cell phone data. We didn't have the conversation. That came up in 2025. [01:33:31] Speaker 1: But you knew that they were at Clay Cooley, correct? [01:33:33] Barnes: We knew that the phones were in the vicinity of each other. Okay. But we didn't have the context of the meet-up until 2025. [01:33:40] Speaker 1: But you'd seen Trap Boy Freddy's phone, Marquis Conway's phone at this exact location in 2021, correct? That's correct. Okay. But you, nor any other Dallas police detective, went to Clay Cooley to try to retrieve or see if they had surveillance video. [01:33:57] Barnes: At that time in 2021, there was no text message to corroborate the meet-up. [01:34:03] Speaker 1: My question is, you, nor any other Dallas police officer, made contact with Clay Cooley to see if they could retrieve video from surveillance. Is that correct? No, not. [01:34:15] Barnes: That's correct. [01:34:16] Speaker 1: Okay. [01:34:17] Barnes: Did anyone even think about doing that? Based on the timing from it being four years prior? No. Well, this is in 2021. [01:34:26] Speaker 1: In 2021, did you discuss that with Detective Anderson or any other detective? Well, why don't we go to Clay Cooley and see what's going on? [01:34:35] Barnes: We got the cell phone records back in 2021 just because their phones were in the same area. We didn't have the context from the text message that showed the meet-up, and we didn't have information that there was payment going on at that time. [01:34:47] Speaker 1: So you didn't discuss it with Detective Anderson or any other? No. Oh. you have no evidence uh of marquise conway uh making a promise that the pay uh for the murder of mill and noble before november 11 2022 based on my investigation [01:35:33] Barnes: the way that the murder took place there had to be a promise in place based on evidence that was retrieved [01:35:53] Speaker 1: uh quick question that's in my mind uh you testified that uh key one life purchased uh a rifle i believe that out in mesquite texas on the 22nd is that right that's correct and did you have a receipt for that yes okay how much was that i don't recall at this time [01:36:24] Barnes: but it's we did recover a receipt from it was several hundred dollars several hundred dollars [01:36:31] Speaker 1: i'm going to uh we watched a video of ramona with tewan white taking a picture of me i'm going to uh uh we watched a video of ramona i'm going to uh we watched a video of ramona with tewan white taking the pack in i'm going to pull that Okay. From the state's introduction of the Ramona Security Board. [01:38:02] Speaker ?: Thank you. [01:38:32] Speaker 1: From the state's introduction of the Ramona Security Board. And Hewan White paid $300 from the Bell Bond. That's correct. Bonds and downs. That's correct. That money looks similar to the money in its condition that we saw in Manhattan. [01:39:18] Barnes: I can't see the denominations from the video of the bond company. Okay. [01:39:23] Speaker ?: Thank you. [01:39:53] Speaker 1: Let me show you what has been marked as Defense 48. Do you recognize that? Is that video footage that you retrieved from the AAA bill box? Yes, that's a screenshot of it. Okay. Do you see the denomination of the bill that's on top of the stack that he's beginning to tell the truth? I can't see. I can't see that. It appears to be a five. Same as the denominations that we saw in Manhattan, jewelers? There were some vives. Okay. And same as the denominations found by the Titus County Sheriff's Office for the arrest of Kiwana Law? [01:40:58] Barnes: Right. Which is consistent with the money coming from the trap house. [01:41:07] Speaker 1: Yeah, the money from Mount Pleasant is consistent with money coming from a trap house, correct? Yes, consistent with that. Yes. The money in Manhattan is consistent with money coming from a trap house, correct? [01:41:21] Barnes: The money in Manhattan, yes, there's five. There's a bunch of different denominations, yes. Okay. And we know Kiwan White worked at a trap house. I know he slept at one. I don't know that he actually sold drugs. You didn't know that he was working at that trap house for Jerry Johnson? I knew that he slept there. I never saw him doing any hand-to-hands on the video. [01:41:47] Speaker 1: Well, did you see him engaging with people when they drove up and would come to like that? It's almost like a drive-thru at McDonald's. Yes, but not everybody that came up was purchasing drugs. Did you see, would people purchase drugs come into the house? Did you see that? Yes. And would they come into the house when Kiwan White was in the house and go in with them? [01:42:14] Barnes: Yes, there was multiple people that went in and out of the house. All right. [01:42:46] Speaker 1: We'll back it up a little. This looks like the video that we saw earlier. Is that right? That's correct. Okay. And do you know who's in the house at this time? What is the name of the claim? State's exhibit of the Ramona security video. [01:43:11] Speaker 2: I don't have that. These are state's exhibits, is that right? Yes, yes, yes. Go ahead. [01:43:37] Speaker 1: That's Mr. White. It has gone to his car, is that correct? That's correct. Do you recall who else was at that location at this time? [01:43:47] Barnes: I know Jerry Johnson is there, and I think Pedro Thomas. Pedro Thomas? That's correct. Okay. Okay. [01:44:06] Speaker 1: Okay. It's coming out at this point. Goes inside. Did you see Pedro Thomas exit at any time during this time period? He just fast forwarded. He just fast forwarded. Okay. Does that appear to be a theater or comments as he exit to the bathroom? I couldn't tell from that angle. I think I can show you a skill shutter. Maybe he can wait for me to see it. Okay. Okay. Well, let's, in a moment, I believe we'll see, come back across. Do you recognize Mr. Thomas there? [01:45:53] Barnes: I couldn't see your face on that. Same body shape? There's a lot of people built like Mr. Thomas, so. [01:46:01] Speaker 1: Well, let me ask you this. You know that Pedro Thomas was at that house? Yes. And from what the video we saw earlier, you know Pedro Thomas was at the house when Jerry Johnson arrived back, right? That's correct. And you know Pedro Thomas was in the house most of the time while Hewan White came in with that back back when Jerry Johnson was in there? That's correct. Pedro Thomas never told you during the debrief or any other time that he witnessed or saw Hewan White get paid any money, did he? That's correct. He was asked that on several occasions? That's correct. And he never told you that he saw Hewan White get paid any money? No, he didn't. Did you identify anyone else that was in the house when Hewan White took the backpack in? [01:46:54] Barnes: Jerry Johnson. [01:46:55] Speaker 1: Do you remember when Hewan White, he leaves sometime after this, correct? Yes. And do you recall the time that he left to go to Mount Pleasant? I don't remember the specific time. Was it sometime later than this? This is about what time, 9.24 p.m.? That's correct. Okay. Was it after midnight, before midnight, if you recall? [01:47:33] Barnes: I believe it was a short time after this. [01:47:35] Speaker 1: Okay. And that's not a very big house, is it, Ramona? It's not too big. Okay. Not a lot of furniture in it? No. It's there to primarily sell dope, correct? That's correct. All right. So, if Mr. Thomas was in a room when Hewan White would have been paid that money, he certainly was in a position to see it, correct? [01:48:05] Barnes: I can't say what he would be able to see or how the money was exchanged while they were inside the house. [01:48:18] Speaker 1: Do you remember when Hewan White left the Ramona, he had a young woman with him? Yes, he was pulled over with a young woman, yes. Okay. Do you know that when he was arrested, there was a young woman in the passenger seat, correct? That's correct. And we also see that same young woman at Ramona when they're getting ready to leave. [01:48:50] Barnes: Do you recall that? I don't recall that right now. [01:48:53] Speaker ?: Okay. [01:49:07] Speaker 1: Let me show you a photograph that's been marked, Defense Exhibit 126. Does that, you recognize that as a screenshot from that Ramona security video? Yes. And the date on it is November 23rd, 2020? That's correct. Now, the time there is what, 055.50, Sean? That's correct. But that clock's 58 minutes fast, is that right? Yes, approximately that. So, this will be before midnight? That's correct. All right. Now, this time will offer Defense 126. No objection. [01:50:15] Speaker 2: How would you describe 126, Defense 126? [01:50:18] Speaker 1: It's a screenshot of the driveway with Mr. White and two other individuals near that great shot. [01:50:29] Speaker 2: Thank you. Defense 126, you admitted? [01:50:34] Speaker 1: In 126, we see T1 White appear to be near Logan Cara. Is that right? Yes. Okay. Do you know who this individual is? [01:50:51] Barnes: No, I can't tell from that photo. Okay. [01:50:53] Speaker 1: Was Theodore Thomas there when T1 White left? Do you recall? [01:50:58] Barnes: I'm, I'm, I'm, I'm, I'm unsure. Oh. [01:50:59] Speaker 1: Now, you see, uh, this individual here, uh, to the right? That's correct. Does that look like the female that got in the car with Q1Y? [01:51:09] Barnes: I'm unsure. [01:51:10] Speaker 1: Okay. Uh, but the female was definitely with you, correct? That's correct. Do you remember as you watch this video, a, a, a woman get in the car with Q1Y? I'm unfamiliar with that at this moment. Okay. We might be able to get back to that. But let me ask you this. You know that, uh, he was arrested with this, uh, woman, uh, and she was not taken into custody. That's correct. Okay. Did you ever attempt or did anyone with the Dallas Police Department ever attempt to find this woman and ask for questions about what happened at that Ramona house? [01:51:48] Barnes: Not that I'm aware of. [01:51:49] Speaker 1: Okay. That would have been a good witness to, to talk to about seeing what was going on and if Q1Y was paid money, correct? [01:51:58] Barnes: I was unable to identify. I don't know who that female is. I don't know if that's the same female. [01:52:03] Speaker 1: Well, uh, you do know a female was, they identified the female he was arrested with and in Titus County, don't you? That's correct. Okay. So you've been able to get that information and, uh, if you wanted to or some other detective could have gone and interviewed, correct? [01:52:20] Barnes: Yes. In reference to, what are you asking in reference to? [01:52:24] Speaker 1: In reference to whether she knew anything. If he wasn't like, told her he just got paid some money from, from Jerry Johnson. Based on my. If, if, if she saw money, anything like that. [01:52:34] Barnes: Based on my investigation, um, evidence that we recovered during this case, I know that the money that was recovered out of the car was his. All right. [01:52:44] Speaker 1: So, you didn't, you didn't talk to her or attempt to talk to her? No. Whatever she may have said. [01:52:53] Barnes: There was no, there was no issue with determining who the money belonged to once he was pulled over. We had jail calls in which he claimed the money to be his. All right. No one talked to her, uh, and you don't know her identity. That's, her name is in the report, but I never talked to her. [01:53:09] Speaker 1: All right. All right. I want to ask you some questions about, uh, some bank records. Okay? Okay. Okay. Judge, uh, can I have a moment? Yes. Perhaps to, uh, probably find this? Yes. Okay. Judge, it's my understanding, I believe, that the estate had introduced the bank records for 2020 for Mr. Connell. Judge, I want to take some records. I want to record to be clear, it comes from, um, states, uh, 800, uh, 801, which is, uh, case bank records for only to Mark East Conway, which is in their new data. [01:54:17] Speaker 2: You'd like to publish that? I'm sorry, you'd like to publish that? [01:54:21] Speaker 1: Well, I'm going to, uh, publish, of course, in this document, which I, uh, uh, labeled defense 127. [01:54:31] Speaker ?: Okay. [01:54:31] Speaker 2: Say that again. You'd like to publish? [01:54:33] Speaker 1: I'd like to publish some documents from, that's contained, I believe, in, uh, states 801. Okay. But I'm putting in a notebook that, uh, that has been labeled defense 127. And I'd like to, I'd like to enter that into this, defense 127. [01:54:51] Speaker 2: What's defense 1.7? [01:54:54] Speaker 1: It is, uh, it is, uh, bank records, uh, of withdrawal slips, as well as documents that show the, uh, the, uh, amount and denominations of cash flow referrals in 2020. [01:55:09] Speaker 2: Okay. Have you shown that to the state? [01:55:13] Speaker 1: Uh, they're reviewing right now. [01:55:16] Speaker 2: Thank you. [01:55:46] Speaker 1: The expert with the finance expert, the DA's office, A01, is the CDB of the state stipulations. Judge, could we have talked for a moment? [01:56:00] Speaker ?: Yes. [01:56:05] Speaker 2: Okay, I see that. A01. A01 was Mr. Conway. Yes, sir. [01:56:16] Speaker ?: The defense records to proceed? [01:56:22] Speaker 2: Yes, Your Honor. How about the state? The state treaty, Your Honor. All right. Mr. Schiff, go ahead. Thank you. [01:56:28] Speaker ?: Thank you. [01:56:29] Speaker 1: I think the Barnes left off. I was going to go over some of the banking records of the patrols of the Harkey's Conflict. [01:56:36] Speaker ?: Okay. Okay. [01:56:43] Speaker 1: The Chase records have been intermittent evidence. I want to go through a few of these with me. Are you able to see the data on that? [01:56:54] Barnes: 129.20. [01:56:55] Speaker 1: Okay. 129. This is... I want to make sure I got it easy to evidence. That's right. [01:57:03] Speaker ?: That's right. [01:57:03] Speaker 2: Defensive unit 127. Bank records. Has the state had an opportunity to receive state's, I mean, Defensive unit 127? Yes, Your Honor. Any objections? No objections. All right. Defensive unit 127 is admitted. I'm going to... I'm going to... These documents come from defense 127. Okay. All right. [01:57:19] Speaker ?: First page we see is a bank withdrawal from Marquise Conway on 129.20. Is that right? [01:57:20] Speaker 1: That's correct. That's for $17,500? Yes. That's cash. That's correct. Okay. Okay. You don't have any idea what's going on. Okay. You don't have any idea what's going on. You don't have any idea what's going on. You don't have any idea what's going on. You don't have any idea what's going on. You don't have any idea what you spent that cash on, what you bought for that cash to you. No. Okay. Then, in March 9, 2020, we see a cash withdrawal of $15,000. That's correct. Okay. Again, is this from the... Your investigation showed that all these withdrawals are from that Chase Bank up in Frisco? That's correct. [01:58:05] Barnes: Okay. [01:58:06] Speaker 1: Okay. You have no idea where Marquise got away to pay for what he did for $15,000? That's correct. Your investigation did show, though, you've looked at his Instagram. You know his history. He was a professional rapper, correct? That's correct. Bought a lot of jewelry? That's correct. Bought a lot of clothes? That's correct. Bought a lot of clothes? That's correct. In fact, would perform with expensive clothes and different videos being used, that type of thing? Yes. And nothing on you, and you knew that it just happened to pay for things to cash? He did. He also paid with things using Zelle. He did. After Sergeant Brooks sending the Zelle out, he then began using Zelle, correct? That's correct. I'm not familiar. I'm not familiar. I'm not aware right now. Maybe. [01:58:58] Speaker ?: You obviously weren't in the courtroom, but around November 17th or 18th, Sergeant Brooks [01:59:01] Barnes: sent him a Zelle out. That's when the Zelle payments began. Correct. [01:59:04] Speaker 1: Okay. Yes. Have you reviewed the bank records and seen when he started using Zelle? I haven't. [01:59:08] Speaker ?: Not that I'm aware of right now. I have looked into bank records, and I'm aware that he used Zelle, but I'm not aware of the exact date that that started right now. [01:59:08] Speaker 1: Okay. 3-9. [01:59:10] Speaker ?: Let's move on then to a couple weeks later, or three weeks later, March 27th. [01:59:10] Speaker 1: Is that another withdrawal? Is that another withdrawal? Yes. Is that another withdrawal? Yes. Okay. Yeah. [01:59:18] Barnes: Okay. I'm not aware of that. I'm not aware of that. I'm not aware of that. I'm not aware of that. I'm not aware of that. I'm not aware of the exact date that that started right now. Okay. [01:59:28] Speaker ?: 3-9. [01:59:29] Speaker 1: Let's move on then to a couple weeks later, or three weeks later, March 27th. Is that another withdrawal? Withdrawal slip from Mr. Connery? Yes. And that's $15,000 in cash? That's correct. Do I have any idea what he spent the money on, correct? No. That's $30,000 he withdrew for the month alone? That's correct. Then we've got nothing in April, and we see May 11th, 2020, where he's withdrawn $10,000 in cash. Is that right? That's correct. In June 8th of 2020, this is another withdrawal slip, $10,000? Yes. Any idea what Marquis Connery purchased or sent that money on? No. Behind this June 8th, 2020, we have another document that shows the nomination. Is that correct? That's correct. Okay. Okay. We see here that it looks like $10,000, you have $100 bills and equals $10,000. Is that right? Yes. Can you see that okay? Yes. $10,000, $10,000. So when he withdrew the cash that time, we know he only took $100 bills out? Yes. [02:00:57] Barnes: Yes. [02:00:58] Speaker ?: Yes. [02:00:58] Speaker 1: Next is, I believe this is July 15th, 2020. It's a $20,000 withdrawal. Correct. [02:01:11] Barnes: Okay. [02:01:12] Speaker 1: And are you aware that it was in this area in the midsummer when Mr. Connery got a big wire, about $350,000 from a records company? I'm familiar with that, yes. [02:01:26] Barnes: Okay. [02:01:27] Speaker 1: That increased, obviously, greatly increased his money in that particular account at that time. Correct. Did you notice the pattern after he got that big payment in that his withdrawals in cash increased as well? Yes. And you have no idea what he spent this $20,000 on? No. Okay. Now we see the document following that, which has what the denominations were. We see $100 denominations and we see all $20,000 taken in that. That's correct. Okay. Then on July 17th, we see another withdrawal of $20,000, correct? [02:02:14] Barnes: Correct. [02:02:15] Speaker 1: And in this case, when we look down at the document, which traces what kind of bills were paid out, we see $15,100 bills? That's correct. And then $5,050 bills? Yes. No 20s, no 10s, no 5s or 1s? Correct. Which is the same as the other documents, obviously, because they weren't paid out. Correct. [02:02:42] Speaker 5: You have no idea what that money was spent on you? [02:02:43] Speaker ?: No. [02:02:44] Speaker 1: The next page shows a deposit of $20,000 from Ezekiel Elliott for verse. Correct. [02:02:59] Barnes: Do you know what a verse is? [02:03:01] Speaker 1: A verse and a song? [02:03:02] Barnes: For rappers? Yes. [02:03:04] Speaker 1: Is that a, people will pay them to write a verse for that particular person? Correct. Okay. Then on July 21st, 2020, he withdraws $20,000. Correct. Gets $20,000 in, then withdraws $20,000. Correct. You don't have any idea where he spent that money? [02:03:35] Speaker ?: No. [02:03:36] Speaker 1: Your investigation also showed that Mr. Conaway was raised by his mother? Yes. Okay. And that he supported his mother? I don't know about that. Okay. Would it surprise you that he supported his mother? No. You're aware that Melvin Noble was a very successful rapper as well? That's correct. And he supported his mother? [02:04:00] Barnes: I don't know about what finances he provided to his mother. Okay. Wouldn't surprise you if you did? I mean, no, it wouldn't. [02:04:08] Speaker 1: Okay. Well, when we see athletes, entertainers that come from more humble beginnings when they make it big, they often support their families, don't they? [02:04:19] Barnes: Yes, that's common. [02:04:20] Speaker ?: Okay. [02:04:21] Speaker 1: Getting back to this withdrawal, $20,000 in $721, we see that in this particular case, all $20,000 were taken out in $100 bills. That's correct. It's his habit to usually take out hundreds and then sometimes fifties, is that right? Yes. That's the pattern you saw? [02:04:44] Barnes: Yes. [02:04:45] Speaker ?: Okay. [02:04:46] Speaker 1: 9/30/2020, we see a withdrawal of $20,000. That's correct. Again, all from the same Chase Brown? Yes. You have no idea of where he spent, where he spent that money? No. [02:05:03] Barnes: No. [02:05:04] Speaker 1: Looking at the denominations, we've got of the $100,000, we have $10,100 bills, correct? Correct. And then the rest of the $50,000, $50,000 bills? Yes. Yes. December 23rd, 2020 is when Mr. Conway was doing $40,000. October. I'm sorry. I said December. Yes. October 23rd, 2020. That money was taken out in $35,100 bills, $35,000 of it was taken out in $100,000. Is that right? Correct. And then a hundred of it, $150 bills for $5,000. That's correct. This was the withdrawal that happened, his birthday was on October 22nd, 2020. Do you recall that? Yes. And then after this withdrawal, which was in the afternoon, I believe, is when he went to Love Field, I mean to the airport and took off the land. Correct. And he took Jerry Johnson and Theodore Thomas. Correct. Who were his friends from high school. Correct. Senator Bradley was also on that plane. Yes. Mr. Bradley was not as close to Mr. Conway. [02:06:37] Barnes: No. [02:06:38] Speaker 1: That invitation came from Jerry Johnson. Yes. Senator Bradley and Jerry Johnson were very close. Correct. Okay. Do you recall there was another individual that didn't appear, no one seemed to know who he was and how he was related to Mr. Conway when they went on that trip? There were several other individuals on it. [02:07:02] Barnes: Okay. [02:07:03] Speaker 1: But we saw some videos, I think you're probably familiar with Mr. Conway, we can see him with a large amount of cash. [02:07:13] Speaker 5: Correct. [02:07:14] Speaker ?: Okay. Okay. Okay. Okay. Okay. Okay. That money, you also saw a positive of $30,000 the following Monday. Correct? 27. I believe. 27. [02:07:26] Speaker 1: I believe. 27. Where did that money come from? You don't know for sure, V? No. Okay. [02:07:32] Barnes: Someone could have given him some money. [02:07:33] Speaker 1: That's correct. It could have been that he maybe spent only $10,000 while he was on a trip with his friends at Miami. That's correct. And put the rest back in the bank. That's correct. [02:07:52] Barnes: All right. [02:07:53] Speaker 1: Then 1120, we've all talked about this, another $40,000 withdrawal. Yes. That's two months in a row when she withdrew $40,000. Yes. And also, we had the pattern starting in mid-summer where he began withdrawing larger amounts of cash after that money was wired into his account for the record. [02:08:18] Barnes: Yes. [02:08:19] Speaker 1: And then in December, there was no withdrawal. Correct? Correct. All right. Were you aware of where Mr. Conway's mother lived? No. Looking at the bank records, you looked at the bank records, particularly for November, correct? Yes. Did you see a wire transfer to the jewelry in in Frisco, Texas? [02:08:54] Barnes: Based on the records that I reviewed, what I looked at was the withdrawals during that time period and looked also throughout the year. But the financial records in a whole were delegated over to the financial experts. [02:09:08] Speaker 1: Okay. So you weren't looking at the wires or that type of that? That's correct. Thank you. Thank you. As a rapper, we post a lot of videos. Yes. Would you agree with me? Yes. All right. Now, Judge, may I approach? [02:10:23] Speaker 2: Yes, you may. [02:10:24] Speaker 1: May I move about three weeks? [02:10:25] Speaker 2: Yes. Thank you. [02:10:35] Speaker 1: Do you recall looking at a video that was posted on November 23rd in the early morning hours? I can't say that I do at this time. Okay. Let me show you what's been marked as Defense Exhibit 128, which is a screenshot of that video. Does that refresh your memory at all? [02:10:56] Barnes: It says a video with some money, but I can't say that I reviewed that. Okay. That I recall reviewing it. All right. [02:11:08] Speaker 1: Judge, we're going to play a video from Mr. Conway's Instagram. At this time, I do not have a member of the state's exhibit. I think it, just so the record's clear. [02:11:30] Speaker 2: Do you want to say one exhibit with that one? [02:11:32] Speaker 3: We have not put there in the entire incident on this one. [02:11:37] Speaker 1: Give me one moment, Judge. I'll fall for that. [02:12:03] Speaker 3: Okay. Thank you. [02:12:33] Speaker ?: Thank you. [02:13:03] Speaker 3: Thank you. [02:13:04] Speaker ?: Thank you. [02:13:04] Speaker 3: Thank you. [02:13:04] Speaker ?: Thank you. Thank you. Okay. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. I was just gonna try and make it easier on the program. Thank you. Thank you. Thank you. Thank you. Thank you. [02:15:33] Speaker 3: Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. [02:15:44] Speaker ?: I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. [02:15:48] Speaker 1: I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. [02:15:52] Speaker ?: I'm going to take a look at the office. [02:15:53] Speaker 2: I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. [02:15:57] Speaker ?: I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. [02:16:15] Speaker 3: I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. [02:16:23] Speaker 2: I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. I'm going to take a look at the office. I'm not sure if that's what the district is looking for. [02:16:39] Speaker 3: Those were just videos. That's what I want to do. Yeah. It's on the entire record. I'll open it. [02:16:52] Speaker 1: No objection. [02:16:56] Speaker 2: That's what is that? 129. 129. Describe defense 129. [02:17:02] Speaker 1: It is a video of Mr. Conway's Instagram account. It shows him dealing out money, $100 bills. [02:17:15] Speaker 2: We're going to watch a video and I'll play through once and then we'll look at it again of a video produced that we'll see on the screens November 23rd, 2020. [02:17:30] Speaker 1: It's 3:14 a.m. Okay. Okay. Which so we're all on the same page. Mr. Conway flew back to Los Angeles the evening of November 22nd. Is that right? Yes, correct. And arrived there. [02:17:41] Speaker ?: Yes, correct. [02:17:41] Speaker 1: And arrived there before midnight. Yes. [02:17:43] Speaker ?: Okay. [02:17:43] Speaker 1: Okay. Okay. Okay. Okay. [02:17:47] Speaker ?: Okay. [02:17:47] Speaker 1: Okay. So we're all on the same page. Mr. Conway flew back to Los Angeles the evening of November 22nd. Is that right? Yes, correct. And arrived there before midnight. was the evening of November 22nd. Is that right? That's correct. And arrived there before midnight? Yes. Judge, could we did the last? Yes. [02:18:25] Speaker ?: Thank you. [02:18:55] Speaker 1: Mr. Barnes, do those appear to be $100 bills? Yes. If we could go through a little slower and try to keep track of how many were billed out on the table. We're able to give sublots in the count of how many were billed out on the table. [02:19:10] Speaker ?: Were you able to give sublots in the count of how many were billed out on the table? Were you able to give sublots in the count of how many were billed out on the table? [02:19:26] Speaker 1: Were you able to give sublots in the count of how many were billed out on the table? I got to around 42, 43. Okay. Did they all appear to be crisp $100 bills, the kind you get from the bank? Yeah, they were crisp, yes. Well, you saw at the end that he had more in his hands? Yes. Okay. Yeah. We can raise the light, Sean. [02:19:58] Speaker ?: Okay. [02:19:59] Speaker 1: And I showed you 128 earlier, does that, now that you've seen the video, appear to be a screenshot from the video? Would you like me to show it to me? [02:20:12] Barnes: Yeah, that, the screenshot, yes, it appeared to be from that video. Okay. That's the defense one? That's correct. We'll offer the defense one, sir. [02:20:21] Speaker ?: Okay. Defense 128 is admitted, well done. [02:20:38] Speaker 1: If Barnes, you were going to subpoena during your investigation, you subpoenaed Mr. Conway's bank records, is that right? That's correct. Do you remember when you subpoenaed the bank record? [02:20:53] Barnes: We initially sent out for subpoena, I believe sometime in 2022. And then we did a, a follow-up, uh, in, at the end of 2024. [02:21:13] Speaker ?: Thank you so much. Thank you so much. Thank you. [02:21:55] Speaker 1: Let me show you what's been marked as the next one, 130. Does that appear to be the subpoena you issued in 2022? [02:22:25] Speaker ?: Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. That's great. Thank you. Thank you. Thank you. Describe 130 again. Subpoena for what? It is a federal subpoena, ranger subpoena for bank records for Mark East Conway and several other people. Do I have a moment in your arm? Yes. Thanks. Do I have a moment in your arm? Yes. Thanks. [02:22:39] Barnes: Do I have a moment in your arm? [02:22:40] Speaker ?: Yes. Thanks. [02:22:40] Barnes: Do I have a moment in your arm? [02:22:41] Speaker ?: Yes. Thanks. [02:22:41] Barnes: Thank you. [02:22:42] Speaker ?: Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Describe 130 again. Subpoena for what? [02:22:50] Speaker 1: It is a federal subpoena, ranger subpoena for bank records for Mark East Conway and several other people. Do I have a moment in your arm? [02:22:59] Speaker ?: Yes. Thanks. Thank you. [02:23:02] Speaker 7: Do I have a moment in your arm? Yes. Thanks. [02:23:05] Speaker ?: Thank you. Your Honor. [02:23:29] Speaker 3: I have no objection to it being admitted for record purposes, but I do have an objection to being admitted for all. Your reasoning for that? It is a federal granger's and it violates the secrecy of the granger. That's fine, Jeff. We can just put it in here. No. That's okay. [02:23:49] Speaker 2: One-thirty is admitted for record purposes. So the record is clear, though. [02:23:56] Speaker 1: Let's turn over. Did you, is this the first time you've tried to subpoena Mr. Conway's bank records? Based on my recollection, yes. [02:24:06] Barnes: Okay. [02:24:07] Speaker 1: And were you able to obtain the bank records with this subpoena? No. Why was that? [02:24:15] Barnes: They sent a return electronically through my e-mail that I was unable to access. I didn't recognize that it was in my e-mail account. [02:24:24] Speaker 1: That went to your spam account? [02:24:27] Barnes: It went into, yes, one of the spam folders, yes. [02:24:30] Speaker 1: Okay. Was, when you determined that or found that out, what did you do? [02:24:37] Barnes: Well, I found out about it in 2023 and I reached out to the financial examiner and told them about it. He suggested that I reach back out to JP Morgan Chase to see if they could provide the records, but I never did. Why didn't you, why didn't you reach back out to it? At that point in time, we were working a, we were working a drug investigation. [02:25:00] Speaker 1: So the next time it was subpoenaed was in 2024? [02:25:07] Barnes: That's correct. [02:25:08] Speaker ?: Thank you. Thank you. Thank you. Thank you. Thank you. [02:25:11] Speaker 1: You know that Marquis Conway went out to California. Do you recall that that plane trip was booked on November 4th, 2020? [02:25:36] Speaker ?: Yes. [02:25:37] Speaker 1: And he arrived there on the 10th of November, correct? That's correct. Okay. Originally, this was just a three-day plane trip. Do you know that? I'm not aware of that. You know that he wound up staying there longer, correct? Yes. Let me show you what's been marked as defense exhibit 50. And it's entered into evidence. Does this look like a record from the Montrain Hotel? Yes. [02:26:24] Speaker 2: What assignment is that? [02:26:25] Speaker 1: 50. Defense 50. It's 50. Thank you. Yes, Judge. And does it appear to be a confirmation email sent from the hotel for Marquis Conway stay? That's correct. Does it show the arrival date as the 10th of November and departure for November 13th? That's correct. That's correct. So, do you believe now, you didn't get this record, correct? That's correct. That that original visit to LA was repeat for just three days? That's what that email says. [02:26:57] Barnes: Okay. That's what that email says. [02:26:59] Speaker 1: Okay. You recall, it was September 2nd of this year, that you had testified that the record showed that Montrain Conway had booked a room for 26 days straight. That's correct. That's correct. Was your opinion or your opinion or testimony at that particular time that incorrect? [02:27:21] Barnes: I don't know if that email is correct, but based on the records that we retrieved, it was booked for that time period. [02:27:28] Speaker 1: Okay. But the records that you retrieved weren't subpoenaed until 2025? That's correct. It wouldn't be surprising that not all the records might be completed if you subpoenaed five years later. [02:27:42] Barnes: I don't know where those records came from. This is my first time seeing those records you just presented. [02:27:48] Speaker 1: Okay. If it were just a three-day stay, then Marquise Conway might at some point in time need to come back to the Dallas-Fort Worth area if he was going to stay out in Los Angeles. Would he not? That's possible. Yes. Okay. You are aware that his family came out there and many around November 13th and flew out to LA? That's correct. Theodore Thomas had told you in your interview with him that the record company had recommended that Marquise Conway stay out in California longer? That's correct. That's correct. And he also confirmed that Mr Conway's girlfriend and children had come out there? Yes. We know that he came back for a two and a half or three-day stay in November and also then returned in December on, I believe it was December 4th, correct? I'm not sure when he returned in December. [02:28:44] Speaker ?: You know that he attended the Spence fight? Yes. Can you tell the jury whose Spence is? [02:28:46] Barnes: He's a Dallas boxer. Did he have a championship fight in Arlington around that time? [02:28:50] Speaker 1: Yes. [02:28:51] Speaker ?: And did Mr Conway attend that? [02:28:51] Speaker 1: Yes. And did Mr Conway attend that? Yes. Do you recall seeing records from the hotel that Marquise Conway then went to the hotel that he attended the Spence fight? Yes. Can you tell the jury whose Spence is? No, he's a Dallas boxer. Did he have a championship fight in Arlington around that time? Yes. And did Mr Conway attend that? Yes. [02:29:05] Barnes: And did Mr Conway attend that? [02:29:06] Speaker ?: Yes. [02:29:07] Speaker 1: Do you recall seeing records from the hotel that Marquise Conway then had to get to the hotel and then flew back to Los Angeles on December 9th? [02:29:23] Barnes: I'm not familiar. I don't recall it this time. Oh. [02:29:27] Speaker ?: Thank you. [02:29:28] Speaker 1: I'm going to ask you some questions now and move over to Senator Bradley, all right? Okay. Senator Bradley was arrested and put in federal custody in that arrest case that she filed in July of 2020 or May of 2023, is that right? That's correct. And he's still in custody from that time? Yes. He was a more active member in the drug conspiracy, would that be fair to say? More active? Yes. Yes. He was fairly active. Well, he seemed pretty successful in the drug business? Compared to other individuals in the group, yes. Okay. And he was facing more exposure because of his activities in that particular conspiracy, wasn't he? [02:30:33] Barnes: More exposure? More exposure? [02:30:35] Speaker 1: Like 30 years in prison? [02:30:37] Barnes: I don't know how much time he was facing based on, because the sentencing guidelines vary, but I do know that someone was sentenced with a similar sentence around that time range. All right. [02:30:50] Speaker 1: And you know that Senator Bradley came and debriefed several times, met with federal authorities and prosecutors in 2024, 2023? Yes. Were you present for all those debriefs? Yes. Okay. One of those was what we call a reverse proper, where you showed him evidence, is that right? That's correct. And others were when he, at one time, explained the workings of GRC, is that right? Yes. And you were aware that, with Mr. Bradley, also a possibility of RICO charges was given to him? Yes. That was conveyed to him, correct? That's correct. In fact, do you remember an indictment, not a real indictment, but I guess you call it a fake indictment, with his name on it and a RICO charge, would he be shown that? [02:31:49] Barnes: I don't know anything about a fake indictment. [02:31:52] Speaker 1: You do know that the RICO charge was brought up? [02:31:55] Barnes: I do know it was discussed. I was there for the discussion, but I have never seen a fake indictment. Okay. [02:32:00] Speaker 1: Again, if you're facing a lot of federal time, and now the federal authorities are talking about maybe other charges for RICO, that could cause a Mr. Bradley quite a bit of concern. He's not. Definitely. Okay. But at the time that he debriefed about GRC, he was asked about the Melvin Noble murder, wasn't it? That's correct. And he told you he didn't know a thing about it? [02:32:26] Barnes: Yes. [02:32:27] Speaker ?: Thank you. Thank you. Thank you. [02:32:30] Speaker 1: Thank you. Thank you. The debriefs, they happen at the federal building? Yes. Yes, sir. Did you record or is there a video recording made of the interview? No. Is there any reason why they're not? [02:32:45] Barnes: It's against the law based on what I've been training. [02:32:48] Speaker 1: It's against the law to videotape an interview at the federal building? No. [02:32:52] Barnes: My understanding is that the proffers aren't allowed to be video recorded or audio recorded. That's why we take notes and do reports. [02:33:00] Speaker 1: And when you go to Dallas Police Department, then you're able to record those? That's correct. All right. And it wasn't until July 10th, I believe, of this year that Mr. Bradley then came again with another clock. That's correct. And at that time is when the first time he talked about this conversation he had in Key 1-1. Yes. No other witnesses were there at the residence that he said he had this conversation. [02:33:35] Barnes: That's correct. [02:33:36] Speaker 1: He was doing that in hopes that he could get some credit to get less of his exposure on his federal case. Yeah. [02:33:45] Barnes: That's what his hopes and coming forward were, yes. [02:33:48] Speaker 1: Yes. And that's kind of how the federal system works, doesn't it? [02:33:51] Barnes: Yes. [02:33:52] Speaker 1: We talked about how the federal system has very heavy time. A lot of people have to spend a lot of that time, whatever their sentence is, in the federal system without parole. That's correct. And the only way they can lessen that is to try to cooperate with the government and give them information that the prosecutor might recommend that the punishment range be loaded. [02:34:19] Barnes: Yes, but the information has to be found to be truthful. They can't just provide any information in hopes of getting that. Correct. [02:34:26] Speaker 1: And the investigators and prosecutors determine if they believe it's true. [02:34:31] Speaker ?: That's correct. [02:34:32] Speaker 1: Mr. Bradley also told you that Keywon White was the type of person I wanted to be accepted. Yes. He wanted to be accepted by GRC members? Yes. He wanted people to look up to. [02:35:02] Barnes: I don't know. I don't recall that about being somebody looking up to him. [02:35:09] Speaker 1: And Mr. Bradley also had a first-degree felony in Kauffman County that was pending at the time. Yes. Do you believe Mr. Bradley also would like some help with getting that sentence reduced as he cooperated with the federal bill? [02:35:23] Barnes: I don't know what arrangements his attorney made with federal prosecutors. [02:35:32] Speaker ?: Let's see. [02:35:39] Speaker 1: Now we saw some video from the Ramona House that took place on November 3rd. Earlier today, correct? Yes, correct. And there were several people you identified as being with the GRC group. Is that right? [02:36:09] Barnes: For November 3rd? [02:36:10] Speaker 1: Yes. Yes. And one of those persons was Cedric Bradley. That's correct. That's correct. Let me show you what's been marked as entering the evidence since 1 and 4. Is that a screenshot of that video? Yes. And this was Mr. Bradley coming into the House, and that's Mr. Johnson behind? [02:37:00] Barnes: That's correct. [02:37:01] Speaker 1: Okay. And this is Defense 105B. Is that when Cedric Bradley exited the Ramona address? Yes. And this is Jerry Johnson-Edwin? That's correct. And that appeared to be Theodore Thomas? Yes. Okay. And Mr. Bradley appears to have money in his hand? [02:37:28] Barnes: That's correct. [02:37:28] Speaker 1: Okay. And Kewan White was also there, is that right? Yes. You've interviewed Cedric Bradley at that debrief. Did he ever mention that Kewan White, at this November 3rd meeting, did he ever witness Kewan White being told that he was going to make money or be hired to commit a murder? [02:38:02] Barnes: No, he never gave me any statement of that. [02:38:04] Speaker 1: This meeting here that happened with individuals at the Ramona address, all these people work together, is that right? In the drug visit? [02:38:15] Barnes: I don't know. The ones from the photo? Yes. Yes. Jerry Johnson-Edwin Bradley. Yes. Theo Thomas, yes. Okay. [02:38:22] Speaker 1: Would they meet together and discuss things at the Ramona House and one of the other trap houses on occasion? [02:38:27] Speaker ?: Yes. [02:38:28] Speaker 1: Could this be a meeting of that nature where they're discussing the drug witnesses? It's possible. Okay. Theodore Thomas was also present at this meeting, correct? Yes. And he certainly has never told you in any of your conversations with him he was present when Kewan White was told that he would be hired and make money if he murdered Melvin. No. [02:38:51] Barnes: No. [02:38:53] Speaker 1: If they had been present and participating in that, they could be indicted as co-defendants in capital murder case, wouldn't they? [02:39:00] Barnes: That's correct. [02:39:01] Speaker 1: But neither divulge any type of that information to you? [02:39:04] Barnes: No. [02:39:04] Speaker 1: I want to ask you some questions about Devin Brown. Devin Brown was also, he's a co-defendant in this case, correct? [02:39:30] Barnes: That's correct. Okay. [02:39:34] Speaker 1: And Devin Brown, Jocelyn Jackson, we've heard from, they had two boys together, correct? Yes. And Ms. Jackson had become involved with Melvin Noble. That's correct. That relationship had started romantically apparently sometime in 2020, is that right? [02:40:04] Barnes: She told me it had been going on for several months in 2020, yes. All right. [02:40:10] Speaker 1: And you know from your investigation that Devin Brown had said he knew about that relationship for about two months before the murder of Melvin Noble. [02:40:19] Barnes: Yeah, that sounds familiar, but I can't say 100% of this time. Okay. [02:40:26] Speaker 1: You do know from your investigation that Devin Brown had assaulted Jocelyn Jackson back in 2017, 2018? Yes. Were you aware that, and he had been arrested on one of those assaults, is that correct? That's correct. Were you aware that he was arrested in January of that year, and the case was not filed because Ms. Jackson had filed that they would not prosecute him? No, I wasn't aware of that. But there was, Ms. Jackson had told you, you went and talked to her at her mother's apartment, I believe, on November 11th, is that right? [02:41:11] Speaker 5: That's correct. [02:41:11] Speaker 1: Okay. And she related that she had a very toxic relationship with Devin Brown? Yes, it was toxic. And that he had threatened her before? Yes. And there was an issue about these chains that Melvin Noble had put around Devin Brown's son's name? Yes. Okay. It all started in September of 2020, correct? That's correct. When one of Devin Brown's sons was going to have a birthday party, it was September 18, 2020? [02:41:47] Speaker 5: Correct. [02:41:48] Speaker 1: And it was a, I guess, colored birthday party where Mr. Brown would be there and his family along with Ms. Jackson? Yes. But that didn't happen? Correct. Because Mr. Brown has a friend named London? Yes. And Ms. Jackson didn't want her a team? [02:42:06] Speaker 5: Correct. [02:42:07] Speaker 1: Okay. You know also that Melvin Noble had asked to come to that birthday party? I'm not aware of that. Okay. The party didn't come off, though, did it? [02:42:19] Barnes: No. [02:42:20] Speaker 1: It was prior to that party that Melvin Noble had posted a video where he had put his chains around Devin Brown's sons and was tossed him up. Correct. Have you seen that video? Yes. Yes. [02:42:33] Speaker ?: Thank you. [02:43:03] Speaker 1: Did you know that that video was posted on Melvin Noble's social media platform? Yes. And he does have a lot of followers, does he not? [02:43:16] Barnes: Correct. [02:43:20] Speaker 1: And Devin Brown became aware of that because he started to notify him. That's correct. And that made him angry? That's correct. Okay. That was embarrassing for him, do you think? That was embarrassing for him, do you think? [02:43:32] Speaker ?: That was embarrassing for him, do you think? [02:43:32] Barnes: I'm sure it was. [02:43:35] Speaker 1: The fact that, obviously, and Melvin Noble was famous in Dallas, especially, was he? Yes. And was a nationally known and internationally known rapper? Correct. Okay. That caused the party to be called off? Yes. And he made Devin Brown block his contact with Ms. Jackson, is that right? [02:44:00] Barnes: My understanding, that had been a normal thing going on with them anyways. I don't know that that specific incident is what caused it, but they have been going through those patterns. Okay. [02:44:11] Speaker 1: Well, if the jury had heard testimony about that, you wouldn't dispute that if that had happened around that time? I can only state what I know. Okay. Do you also recall seeing that after that happened, that Devin Brown posted photos with his children with GRC chains? Yes. You see in defense 20, Brown with his son's GRC chains. [02:44:35] Barnes: That's correct. [02:44:37] Speaker 1: Okay. Then also, in defense 26, which is dated September 18, 2020, son's shoving up a GRC chain. [02:44:52] Speaker 5: Correct. [02:44:53] Speaker 1: Also, Cashman. Yes. All right. And do you recall that the 18th of September 2020 was the birthday, that was the official birthday when the party was going to happen? [02:45:05] Barnes: That's correct. [02:45:05] Speaker 1: Okay. Looking at defense five, I'm going to show you some shots from Mr. Noble's social media account. Defense three, that's a picture of one of Mr. Brown's sons with Melvin Noble's medallion, medallion, gold medallion, diamonds with a chain crown, is that right? Correct. Defense four, same medallion? Yes. And then defense two, they're both one holding a chain, the other medallion? Correct. You recall that video, he was costing money with them and they were running around with money? Yes. A hundred dollar bills? Yes. And then defense five, his face appeared at the end of the video, do you recall that? [02:46:09] Barnes: No, I don't recall that. [02:46:10] Speaker 1: No. That appeared to be Mr. Noble with a medallion around? Yes. Yes. Did it appear to you that Mr. Brown was responding to Mr. Noble posts making that type of social media posts? Would you want to reject the speculation, your honor? I understand. I understand. But men do feel strongly about their children, correct? Yes. They don't want to be shown up by someone else, do they? That's correct. Are you aware that Ms. Jackson, in fact, had messaged with Melvin Noble some years earlier around about music on her Facebook messenger? Yes. Was that around the same time period that Devin Brown assaulted her? [02:47:14] Barnes: My understanding was like early, maybe 2012, 2013, something like that. [02:47:21] Speaker 1: That would have put them, what, about 18 or 19 years old? [02:47:27] Barnes: I'm not sure they're ages at the time. [02:47:41] Speaker 1: Ms. Jackson had also told you, in your interview, a third of that, at one time, Mr. Brown had pulled a firearm on her, her handgun. [02:47:48] Barnes: That's correct. [02:47:49] Speaker 1: That's correct. Yes. Did you recall that when Detective Anderson interviewed Ms. Jackson, she had several interviews, correct? Yes. That she learned that she learned that Mr. Brown had told his sons. [02:48:12] Speaker 3: Mr. Hunter, I'm not objective hearsay about what Ms. Jackson said to Detective Anderson about Devin Brown. She was just hearsay with that hearsay. Staying. Staying. [02:48:29] Speaker 1: Were you at the interview with Detective Anderson, without getting into the conversation with Ms. Jackson, talking about that issue of Mr. Brown giving advice to his son? [02:48:42] Speaker 3: Your Honor, I'm going to object to defense testifying to what was said in this interview at all. The proper person to have asked this was Ms. Jackson about her interviews that she gave to Detective Anderson. Detective Barnes, would you be present for that interview? [02:48:58] Barnes: I don't recall that. I don't think I was. [02:49:03] Speaker 2: It's the same. [02:49:06] Speaker 1: Thank you, Mr. Conway, you know, from your investigation, were not close. They're not friends, but no. They didn't have each other's contact information in their phones, did they? [02:49:28] Barnes: No. [02:49:28] Speaker 1: And you tried to determine, you called, was Special Agent Page recently asked if he could see if Devin Brown and Marquise Conway had contacted each other? [02:49:40] Barnes: Yes. [02:49:41] Speaker 1: When was that request made? [02:49:44] Barnes: The request had been made, I don't know the exact date, but it was leading up to us analyzing the phone records. [02:49:52] Speaker 1: It wasn't made during the trial? [02:49:56] Barnes: I'm not aware of that. [02:49:57] Speaker 1: During this trial? [02:49:58] Speaker ?: Okay. [02:49:59] Speaker 1: But, this examination found that they didn't have contact information with each other, didn't speak to each other. [02:50:05] Barnes: That's correct. [02:50:13] Speaker 1: And Mr. Brown, Mr. Brown was worked out of the Britton House. Yes. Okay. That's 30-30 Britton? Yes. And he worked many hours at that Britton House. Is that correct? [02:50:35] Barnes: I believe he soldered. I don't know his, what shifts he was working. [02:50:39] Speaker 1: Okay. He was pretty successful, was he not? [02:50:44] Barnes: I wouldn't say that. [02:50:46] Speaker 1: He had money, didn't he? [02:50:48] Barnes: He had some money. [02:50:51] Speaker 1: You were able to, part of the investigation, got his social media accounts, is that right? That's correct. Okay. He's got his Instagram, Facebook. Yes. Accounts. Yes. Yes. Okay. I'm going to... [02:51:21] Speaker ?: He's got his job. [02:51:51] Speaker 1: I want to play a video for Mr. Brown's iCloud, which was put in the evidence, I believe, under state, in stage 1-18. 8-18, I'm sorry. [02:52:17] Speaker 2: 8-18. 8-18. [02:52:26] Speaker 1: And it's, it's 133. [02:52:29] Speaker 3: Without knowing what the content or what the, what video it is, I'm going to object to relevance at this time. [02:52:36] Speaker 1: Judge, it's a video of Mr. Devin, I mean Mr. Brown, the money machine, I believe the Britton House, money, money to a money machine, catch. [02:52:50] Speaker 2: What relevance? [02:52:52] Speaker 1: Relevance is, Judge, uh, Mr. Brown was angry with Mr. Noble, and he did have the ability, uh, to pay money, uh, he had the funds available, and I'm attempting to show that, uh, he did have cash near the time of his murder. [02:53:12] Speaker 2: Six, um, objections of the rule. The fence, not very clearly, is in the minute. [02:53:18] Speaker 3: And your honor, would I ask that, uh, some type of record of the date and time stamp and the metadata be placed in to establish when that video is posted or taken for context for the jury? [02:53:30] Speaker 2: Of course, then you can call the time stamp while we direct on that. [02:53:36] Speaker ?: Go ahead. Is this your name? Yeah. Yes. [02:53:48] Speaker 1: Do you see the, the date of the video there at the top right? Uh, July 31st, 2020? Yeah. [02:54:04] Speaker ?: Okay. [02:54:04] Speaker 6: Thank you. [02:54:34] Speaker 1: Thank you. [02:55:04] Speaker ?: Thank you. Thank you. [02:56:04] Speaker 7: Thank you. [02:56:34] Speaker ?: Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. [02:56:48] Speaker 1: Thank you. Thank you. [02:56:50] Speaker ?: Thank you. Thank you. Thank you. Thank you. Thank you. [02:56:50] Speaker 1: Thank you. Thank you. [02:56:52] Speaker ?: Thank you. [02:57:20] Barnes: Thank you. [02:57:21] Speaker ?: Thank you. [02:57:21] Barnes: Thank you. [02:57:22] Speaker 1: Thank you. Thank you. Thank you. [02:57:25] Speaker ?: Thank you. [02:57:25] Speaker 1: Thank you. [02:57:26] Speaker ?: Thank you. [02:57:26] Speaker 1: Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. [02:57:33] Speaker ?: Thank you. [02:57:33] Speaker 1: Thank you. [02:57:34] Speaker ?: Thank you. Thank you. Thank you. [02:57:34] Speaker 1: Thank you. Thank you. Thank you. we see a lot of shoes in that bedroom. Does that appear to be the bedroom from 3030 Britain? [02:57:45] Barnes: It looks similar to that, yes. [02:57:56] Speaker 1: On the next... At this time, I'd like to have a video from Mr. Brown's phone extraction dated October 13th of 2020. What's the case in it? It's an exhibit of amounts of cash that Bill Brown has. [02:58:41] Speaker 2: Is it a defense exhibit or a defense exhibit? [02:58:42] Speaker 1: Oh, it's a defense exhibit is 134. [02:58:46] Speaker 2: Okay, and has it been admitted already? [02:58:49] Speaker 1: No, I was offered it. Okay. It's just a video from the phone. [02:58:53] Speaker 2: What's that state? [02:58:55] Speaker 1: No question. [02:58:57] Speaker 2: Describe defense 134 in it. [02:59:00] Speaker 1: It's a video taken of Mr. Brown with five amounts of cash. Thank you. What does the date show on that? It's verified 1013? [02:59:28] Barnes: 10-13-2020. [02:59:58] Speaker 1: That appeared to be several large bundles of cash? Yes. And that appeared to be at the Britton House? [03:00:19] Barnes: I'm not sure where that was at. [03:00:21] Speaker 1: Okay. But that was October 13, 2020? That's correct. Which is about one month before Melvin Noble was killed? Yes. After this issue with the chains that had happened in September, correct? [03:00:38] Speaker 5: Correct. [03:00:51] Speaker 1: Do you recall a post that Devin Brown had posted on his Facebook about how angry he was regarding women? Do you know what day it was? Yeah, it was about six days after around December, I mean October 13, about October 19. Do you want me to tell me to play another video? [03:01:32] Speaker 2: Do you want me to play another video? Yes, I'm going to enter another video. [03:01:42] Speaker 1: This is a video dated 10-23-2020. This is the 10-135. Again, it's Mr. Brown with March on the day. [03:02:01] Speaker ?: Does the stick have any objections? I guess you're on my way of approach. Yes. [03:02:14] Speaker 2: All right. Ladies and gentlemen, it's about 4-26. I'm going to release you all for the weekend while we handle some matters. Okay. Remember, you're still under my instructions. You haven't heard all of the evidence yet. So don't do any social media research. Don't chat with anybody about what you've heard so far. Don't chat with each other. Don't deliver any heads about guilt or innocence because I haven't given you the case yet. Deliver. And if you're taking any notes, please hand it over to the bailiff for safekeeping and you'll get it back on Monday morning. Okay? All right. Thank you all very much. All right. Have a wonderful evening. [03:03:03] Speaker ?: Thank you. Thank you. All right. [03:03:35] Speaker 2: Thank you. All right. We're all making you seated. We're back on the right of the outside defense of the jury. And the state had objections to that specific one for the trial. Thank you all. We're going to handle that five things in the jury. [03:04:06] Speaker 3: Yes, our objection to that is hearsay and now that it's asking the detective. There's been continued questions about statements that Ben Brown has made, either social media or interviews. And so our objection is going to be to all those things, hearsay. Ben Brown's bottom of the stands and proper passes witness about to the realistic hearsay from him. Regardless of whether or not he's reviewed all of the records in this case, that doesn't make the hearsay municipal. So our objection to those statements and those videos and posts that he's made are objections to hearsay to asking him, eliciting information about those statements by Ben Brown through this witness. [03:04:52] Speaker 2: Not that the previous video didn't have any orders, did it? No. I think it was just, oh, well, yes, it did. It did. But I think it was just instruction about how to operate that machine. Is that right? Yes, Your Honor. [03:05:13] Speaker 5: It was just mumbling. What I heard is him mumbling something about the machine and its operation. I didn't hear him say anything about if you take the money and pay anyone. [03:05:23] Speaker 2: Yes, but to the state's objection, if there's any audio in Defense 135 that would have Ben Brown making statements, then I'll sustain and take the objection. All right. Devin Brown is not informed. Okay. Okay. Okay. All right. Is there anything else? None of them said it's fine around. About 10 minutes. [03:05:44] Speaker 3: All right. [03:05:47] Speaker ?: Well, gentlemen, we all have a great beginning. We all remember. [03:05:50] Speaker 7: Thank you. [03:06:20] Speaker ?: Yes.

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