Davion Murphy's brother breaks down as the prosecutor agrees with every word | Pt 76 | Foolio Trial

[00:00:10]All right.

[00:00:32]All right.

[00:00:34]>> Okay. Very good. Uh, Miss Timmy, call your next witness.

[00:00:41]>> Okay. And Mr. Good, if you could please just stand up and raise your right hand.

[00:00:53]>> Yes, ma'am. I do. Okay, very good. Have a seat and you may proceed.

[00:01:09]>> Good afternoon.

[00:01:11]>> Good afternoon. How you doing?

[00:01:12]>> Good. How are you?

[00:01:13]>> Good.

[00:01:14]>> Okay. What's your name?

[00:01:15]>> Adam Gooden.

[00:01:17]>> Junior.

[00:01:18]>> Yes, ma'am.

[00:01:19]>> Okay. Do you know who you walked past earlier? DaVon Murphy.

[00:01:25]>> Yes, ma'am.

[00:01:26]>> How do you know him?

[00:01:27]>> He's my big brother.

[00:01:28]>> He's your big brother. How old are you?

[00:01:31]>> I turned 24 Monday.

[00:01:33]>> Okay. And you're incarcerated?

[00:01:36]>> Yes, ma'am.

[00:01:38]>> For what?

[00:01:39]>> Um, possession of firearm by convicted felon.

[00:01:42]>> Okay. So, how many felony convictions do you have?

[00:01:47]>> Really? Just two.

[00:01:49]>> Two?

[00:01:49]>> Yes, sir. Okay.

[00:01:53]>> Can you tell us a little bit about your older brother Davi?

[00:01:58]>> Um, yes. Um, he he he inspired me a lot to do a lot of things, you know, um, far as showing me the ways of life and always told me, you know, keep my head up, you know. He's a good person, you know, and we both he he taught me how to work, how to work a 9 to-ive job, you know. My I worked my first 9 to5 job with him. You know, we fed the homeless, took care of my mom.

[00:02:28]She had open heart surgery and stuff like that. You know, he was always always there for others, always death for me and and the rest of us. And he never treated me like I was outsider and stuff like that. He always handled me like a little brother. Always been there for me.

[00:02:50]>> So you have a different last name than than Davon. So you have a different father.

[00:02:54]>> Yes.

[00:02:55]>> Okay. You said that uh your mother had some heart has some health problems.

[00:03:01]>> Yeah. She had open heart surgery.

[00:03:03]>> When was that? Um this is like I think last this was last year.

[00:03:07]>> Did she have any other health issues?

[00:03:09]>> Um yes. Yes. She had she dealt with strokes from here and there.

[00:03:16]>> She's had several strokes.

[00:03:17]>> Yes.

[00:03:21]>> Is there a point in time where DaVon assumed responsibility kind of being the parental role in the house?

[00:03:29]>> Yes. It was a time where both our fathers weren't there. So he was more of a father than just a big brother.

[00:03:37]>> So both What's your father's name? Adam.

[00:03:40]>> Yes.

[00:03:41]>> So was that the time where DaVon's father was incarcerated and incarcerated?

[00:03:47]>> Yes.

[00:03:48]>> And then what happened to your dad?

[00:03:50]>> My dad was incarcerated at too.

[00:03:55]>> Is he still incarcerated?

[00:03:56]>> No, ma'am. He's out now. But my mom and them they're they're divorced. They're not together.

[00:04:01]>> Okay.

[00:04:03]So when your dad was incarcerated or in prison and Davon's father was in prison, he took over the parental role of the house.

[00:04:14]>> Yes, ma'am.

[00:04:15]>> Can you tell me a little bit about that?

[00:04:17]Would he cook or how did he do that?

[00:04:20]>> Cook. We clean up. And I have another brother out there, brothers and sisters out there. You know, he made sure we always in the house curfew.

[00:04:31]My mom was in the hospital. You know, he was there to make sure the house was in order and everything fell in place the way she wanted it.

[00:04:42]>> Do you remember how old Dave would have been when that was going on?

[00:04:46]>> When it started?

[00:04:47]>> 13.

[00:04:48]>> Okay.

[00:04:53]>> What about when they um there were times in the h in the house that there were no food? What would DaVon do?

[00:05:01]Uh, I know he would he'll make he'll make a way for us like it was like it was one time we had sold some shoes. So we we we s we sold a gang system and stuff like that, you know, just to just to feed each other and stuff like that.

[00:05:22]>> And would your mother often work at night?

[00:05:25]>> Yes.

[00:05:33]What about the stability of where you guys were living? Did you move often or were you stable or what?

[00:05:43]>> Always moving.

[00:05:45]>> Why is that?

[00:05:46]>> I really never really never wonder why.

[00:05:49]I really never, you know, understood why.

[00:05:52]>> Did you ever And you still don't understand why?

[00:05:55]>> No.

[00:05:59]Did your mother eventually marry someone else?

[00:06:05]>> Yes, I have a stepfather.

[00:06:07]>> What's his name?

[00:06:08]>> Um, Jawan.

[00:06:11]>> Did you get along with him?

[00:06:12]>> Yes.

[00:06:13]>> Is there a point in time where you and DaVon did not get along with him?

[00:06:16]>> It was a point of time. Yes, ma'am.

[00:06:18]>> And what was the issue? Why' you guys fight? It was it was basically just, you know, not not not accepting having other men in the house, you know, besides our father or my big brother.

[00:06:35]>> And was there >> so it was it was it was it was hard dealing with having another another having another male figure in the house.

[00:06:45]So it would have been Davian's father, your father, and then new new stepfather.

[00:06:51]>> Yes.

[00:06:52]>> Okay.

[00:06:55]>> Did you see a lot of violence in Jacksonville when you were living there?

[00:06:58]>> I have.

[00:07:00]>> Can you tell us a little bit about that?

[00:07:02]>> No. Um relevance.

[00:07:07]>> Um overruled. Go ahead. Just I'll give you a little bit of latitude. um at the rings and league game, you know, my cousin my cousin was shot, you know, in front of me, you know, and it starting to get over it, but you know, it still hurt a little bit thinking about it. Lost a lot of friends, lost a lot of family. Grandma passed away.

[00:07:35]My mom almost passed away in front of me.

[00:07:45]How did uh DaVon cope with these types of things that you saw?

[00:07:50]>> It was times where we was always taught to just pray.

[00:08:05]>> Okay.

[00:08:07]Thank you, sir. I wish you well.

[00:08:09]Okay. Uh cross >> just briefly, your honor.

[00:08:18]>> Mr. Goodson, it sounds like you um looked up to and admired your older brother, Davien Murphy. Is that true, sir?

[00:08:25]>> Yes, ma'am.

[00:08:26]>> And you had a loving relationship with your older brother?

[00:08:29]>> Yes, ma'am. And you described him as someone during the time when you were growing up who actually at times had to take over the household. Isn't that true, sir?

[00:08:40]>> Yes, ma'am.

[00:08:41]>> And that was a big responsibility and he was able to do that. Isn't that true, sir?

[00:08:46]>> Yes, ma'am.

[00:08:48]>> And in fact, you said that he was the one that taught you how to work a 9 to5.

[00:08:55]>> Yep.

[00:08:59]Your honor, do we have some tissues or something? I think that he is getting a little emotional.

[00:09:03]>> Sure.

[00:09:17]>> Are you ready for the next question?

[00:09:19]Okay, >> sir. And you I think you said you told the jury that he is the one that taught you how to work a 9-to-five job. Is that true, sir?

[00:09:28]>> Yes, ma'am.

[00:09:29]>> And was that by example because that was something he also was willing to do for your family?

[00:09:34]>> Yes, ma'am.

[00:09:35]>> So, he was able to hold down a nine-to-five job?

[00:09:39]>> Yes, ma'am.

[00:09:41]>> And it sounds like he also helped manage the household when your mother was sick.

[00:09:46]Isn't that true, sir?

[00:09:47]>> Yes, ma'am. made sure everything stayed in order and that your other siblings were well cared for during that time.

[00:09:53]>> Yes, ma'am.

[00:09:56]>> Your honor, that's all the questions that I have.

[00:09:58]>> Okay, redirect.

[00:10:01]>> Okay, thank you. May this witness be excused?

[00:10:04]>> Okay, so I'm going to have you all step it one more time very quickly. Okay, >> we'll be back.

[00:10:30]Very good. Thank you. The witness can be removed from the courtroom.

[00:10:37]Okay. So, Miss Tumi, is is this is that it for you? Was that your last witness?

[00:10:44]>> I was going to call the state.

[00:10:57]>> Okay.

[00:11:05]>> From whom?

[00:11:08]>> Your client's mother.

[00:11:10]>> Yes. Okay.

[00:11:19]>> Regarding not coming to this trial has a copy.

[00:11:24]>> Sure.

[00:11:25]>> So state what your position on this >> judge. We are objecting. Um I read the content of the screenshot which I guess was sent to their investigator showing how she does not want to appear and how she's fearful. Judge, I don't believe that that is appropriate mitigation evidence. Um, it is not testimony regarding the defendant's background or history.

[00:11:51]I think it's highly inflammatory and prejuditial and has no relevance to mitigation.

[00:12:02]>> Okay. So >> I think his background character his mother is indicating that she loves her son but she's not wasn't willing to come here because she's afraid. She's fearful for retaliation. That's part of my client's background and cousin background.

[00:12:25]Judge, there are numerous witnesses that had the same concern and we have been shielding their faces from the camera, >> right?

[00:12:34]>> And she's not subject to cross-examination.

[00:12:37]>> Yeah. Okay. So, um, based upon I've reviewed this and I'm going to at this point sustain the state's um, objection.

[00:12:46]It really is her just saying that she really doesn't give anything meaningful.

[00:12:50]Just says that she's too scared to come.

[00:12:53]I think the state's point is well taken.

[00:12:55]Lots of other witnesses have testified in this case. So, um, so you can mark it as a court exhibit.

[00:13:02]>> Okay. And so, we'll mark that. Do we have any other court exhibits yet? Okay.

[00:13:06]This will be just court exhibit one for defendant Davon Murphy. Okay. Um, okay.

[00:13:16]So, other than that, is Miss Tumi or you have no other witnesses?

[00:13:22]If I can have a moment.

[00:13:24]>> Sure.

[00:14:00]Okay. So, uh, Mr. Davon Murphy. Um, as your council is ready to rest your your case, this is the part of the penalty phase where you have to make the decision whether or not you wish to testify or remain silent. So, as our previous discussion during guilt phase, do you understand that you and only you can make this decision? Do you understand that? And you understand that no one, including your attorneys, can pressure you or threaten you or coerced you in any way in order to get you to either testify or to remain silent. Do you understand that? All right. And have you made a decision? Do you wish to testify or do you wish to remain silent?

[00:14:41]>> Yeah, of course. Sure. Yep. Yep. Yep.

[00:14:48]And while they're talking, where are we on the other two Rashad Murphy witnesses that are going to be appearing via Zoom?

[00:14:57]>> I think we're ready.

[00:14:59]>> Yes, we spoke an opportunity to speak to both of them. It's my understanding. I know one was requested for both defendants, Rashad Murphy and Murphy, and I would just ask to confirm it will only be for Rashad Murphy after those conversations.

[00:15:10]>> Okay.

[00:15:17]And while they're talking, so um Mr. Rashad Murphy, it seems like we're getting close to your council resting as well. So, um this would be the part of the Okay, you're already shaking. You already know what I'm going to say, which is fine. That's good. That means you've been paying paying attention, which is good. But I do have to have the colloquy with you. Do you understand that this is the part of the trial, the penalty phase where you have to make the decision whether or not to testify or remain silent? Do you understand that?

[00:15:46]>> Yes, ma'am.

[00:15:47]>> And do you understand that this decision is solely yours? You no one, including your attorneys, can in any way pressure you, threaten you, or coersse you in any way in order to get you to either testify or remain silent. Do you understand that?

[00:15:58]>> Yes, ma'am.

[00:15:59]>> And um what is your decision? Do you wish >> I wish to remain silent?

[00:16:02]>> You wish to remain silent. Okay. And has anyone pressured you or threatened you in any way in order to get you to make that decision?

[00:16:09]>> No, ma'am.

[00:16:09]>> And has anyone made you any assurances regarding what the outcome of these proceedings will be?

[00:16:15]>> No, ma'am.

[00:16:15]>> And do you understand? No one can because no one knows what any jury will do. Do you understand that?

[00:16:21]>> Do you understand?

[00:16:22]>> Okay. All right. Very good.

[00:16:24]>> Okay.

[00:16:29]>> And both of my two witnesses are on >> Okay. Yeah. I just need to get the Zoom up and running again.

[00:16:36]Okay. And as to DaVon Murphy, Mr. Murphy, you now had sufficient time to speak with your attorneys. And what is your decision? Do you wish to testify or remain silent?

[00:16:48]>> You're remain silent. And has anyone, including your council, in any way pressured you or threatened you or coerced you in any way to make this decision?

[00:16:57]>> Yes. And has anyone made you any promises regarding what the outcome of the penalty phase will be?

[00:17:03]>> Yes, sir.

[00:17:03]>> Do you understand? No one can because no one can ever predict what a jury will do. Do you understand that?

[00:17:09]>> Okay. Very good. Okay. So, we've got two Zoom witnesses left. I'm going to read the stipulation, Mr. Rashad Murphy stipulation as well. So, when the jury comes back in, Miss Tumi, you're going to rest in front of the jury. Then we will proceed forward with the remaining witnesses for Rashad Murphy. And then once those witnesses are done testifying and then once I read the stipulation then you will rest in front of the jury.

[00:17:35]>> Correct.

[00:17:36]>> Okay. And then um state you've got your two rebuttal witnesses, right?

[00:17:40]>> Yes, your honor.

[00:17:42]>> Okay. And so do you want to get going on that today? At least get it started because we have >> I don't believe either one is available.

[00:17:52]Dr. Warner is probably in route right now coming down.

[00:17:57]>> Okay, that's fine. So that's it. No, we'll recess for the evening and they'll be ready tomorrow morning at 9:00 a.m.

[00:18:03]>> Yes, that's what I'm hearing is at 1:00 by Zoom.

[00:18:07]>> Okay. So then um Okay. So then what we'll do is we will Sorry, I'm trying to do too many things at one time. Let me get the Zoom up and running first.

[00:18:34]Oh, okay. And the court reporters computers, everything's we're trying just to >> get it done for today.

[00:18:50]Yeah.

[00:19:04]>> Yeah, I do see Jamea Murphy in the waiting room and Hazel Dickerson is in the waiting room.

[00:19:14]Dickerson. That's >> Dickerson is the one I'm calling first.

[00:19:17]>> Okay.

[00:19:28]>> Okay. Court reporter, let me know when you're ready.

[00:19:30]>> Want their faces shown on >> And they do not want their faces shown.

[00:19:34]>> Neither one.

[00:19:35]>> Neither one.

[00:19:36]>> Okay. And again for the media, neither one of the witnesses appearing via Zoom wants their identity broadcast.

[00:19:43]Okay. As soon as the court reporter is ready to go. Ready to go.

[00:19:48]>> Yes, judge.

[00:20:02]>> Spinklestein. Um, you get teachers pet award because you sent me your non-stuto mitigators in word form. So, you did exactly what I asked you to do. Um, >> yes, I'm waiting on those. And then I did ask for Mr. Chance and Mr. Rashad Murphy if your assistants can just send it in word form.

[00:20:21]>> It came in PDF and I'm not I'm not computer savvy enough to convert. It just makes my life easier if I can cut and paste. So, I have them, but it just makes it easier if I can cut and paste.

[00:20:32]>> I said it didn't work after I got >> Okay. Thank you. your your second teacher's pet. Okay, you ready to go?

[00:20:41]>> Okay, excellent. Okay, I think we're ready. So, let's bring in our jury.

[00:20:55]>> All right.

[00:21:02]Take a couple right there.

[00:21:22]>> Okay, very good. Everyone have a seat.

[00:21:25]Welcome back in. And um Miss Tumi, on behalf of DaVon Murphy, do you have an announcement at this time?

[00:21:34]>> Okay, very good. And um Mr. Hernandez, as to Rashad Murphy, who's your next witness?

[00:21:39]>> Hazel Dickinson.

[00:21:41]>> Okay.

[00:21:52]And for the record, your honor Dickerson.

[00:21:54]>> Okay. Miss Dickerson, can you hear me?

[00:21:58]>> Yes, I can. Can you hear me?

[00:22:00]>> Yes, ma'am. So, can you please raise your right hand? Can you raise your right hand to be sworn?

[00:22:06]>> Do you solemnly swear that the testimony you're about to give in this cause will be the truth, the whole truth, and nothing but the truth to help you God?

[00:22:14]>> I do.

[00:22:14]>> Thank you.

[00:22:14]>> I swear.

[00:22:16]>> Okay. You may proceed, Mr. Hernandez.

[00:22:19]>> Thank you, honor. Um, ma'am, could you again state your name for the record?

[00:22:26]>> Hazel Dickerson.

[00:22:29]>> And do you know the defendant Rashad Murphy?

[00:22:33]>> Yes, I do.

[00:22:34]>> Uh, what is how do you know him? What is your relationship to him?

[00:22:39]>> He's my birth nephew. Uh, my um, maternal nephew, but I also adopted him.

[00:22:45]>> Okay.

[00:22:47]Um, so have you known Rashad pretty much your his entire life?

[00:22:54]>> Yes, I have.

[00:22:55]>> Um, and can you describe um, if we could talk first about um, the family, his parents? Um, what do you know about his father?

[00:23:12]Um, I know that. Um, as well when you say about his father, what am I what am I speaking of as far as No, >> I'm sorry. I'm referring to Rashad Murphy's father. Um, did you know him? Can you tell us a little bit? Yes.

[00:23:41]>> What you know about him?

[00:23:43]>> I I know I know him, but um there's really not much for me to tell except that um he hasn't been very active in his life, but I know him.

[00:23:57]>> Okay. Um when you said he was not very active in his life, are you referring to being a father figure for Rashad?

[00:24:07]>> That's correct. Uh, would it be correct to say he was not a good father?

[00:24:17]>> That's a tough call because um all I just know is that he wasn't active. I I I don't want to say good or bad because that's categorizing someone that I haven't been around.

[00:24:30]>> Okay. But when when you say uh not active, are you basically saying not involved in Rashad's life? Would that be correct?

[00:24:40]>> That's correct.

[00:24:41]>> Okay. Um what about his Rashad's mother?

[00:24:46]Um did she have some u drug problems?

[00:24:52]>> Yes, she did. Um, and was there a time um when Rashad was very young uh that he was actually placed in foster home?

[00:25:05]>> That's correct. Okay. Um, and did you become aware that there were problems with the foster homes and um and um him having been abused?

[00:25:25]Um, we weren't aware of anything at first because they kept them away from us for a year, about a year and a half.

[00:25:33]So, we didn't know where they were and it was a family member who he saw in the store. And um from that point is when we were able to uh get to the nitty-gritty, get down to the nitty-gritty of things. And Rashad is the person who when he recognized his aunt Peaches, he um >> Take your time. He he pretty much fought hard for him and his brother to get out of their situation. And how he was able to subliminally notify anyone, we don't know. But that was something that he was able to do.

[00:26:20]And that's how we were able to get get involved like we did >> because they kept them from us. was um do you recall how old Rashad was when he was placed into foster care?

[00:26:40]Would it be something? Go ahead.

[00:26:42]>> I want to say I want to say, sir, that he was nine. I'm not so good with the numbers now. It's a little cringy. It's a little fried, but I want to say he was nine.

[00:26:51]>> Okay. And do you know how long he was in foster care?

[00:26:59]um brought through three years.

[00:27:05]Three years.

[00:27:07]I don't want to be inaccurate, but it it it was a number of years cuz a year and a half we didn't see them. And then um they once they got to another family who was able to uh agree I guess I don't know how Georgia did it but they agreed to let us see him. That took some time. So we were able to do visits go see him in Georgia.

[00:27:34]>> So uh did you say that you you were not able to even see him for the first year and a half?

[00:27:41]>> Is that correct?

[00:27:42]>> No. We didn't even know where they were.

[00:27:44]>> Okay. That's correct.

[00:27:45]>> And and then he was in foster care for at least what, another year or two or three um before he was released?

[00:27:55]>> Yes, I'll say another two another two years.

[00:27:58]>> And when you found out about the problems that he was having in foster care, were you the one that was instrumental in trying to help him? And I think you referred to yourself as his adopted mother.

[00:28:15]Right. I wasn't the instrumental one in um being the initial hands-on, but what I was was the person who made sure his grandmother, grandfather, Phyllis Roy Murphy, and my mother El Gatis were always on set. you know, they were at court, they were visitation, um, whatever had to be done, I was the one to make sure they got there.

[00:28:44]>> Now, do you uh, after you were able to have contact with with him and after the first year and a half, were did you become aware of of some activities that uh, Rashad was involved in, sports, boxing, things of that nature?

[00:29:03]>> Yes. What do you know about that?

[00:29:06]>> He was involved with um boxing. He actually, and you all could look that up, he was um the foster mom that he ended up with, Miss Dallas. He um he did boxing matches and he was the champion for his age group. That's why I think the age nine or 10 sticks out because he was very young and he was good and um he he made it. He made it. He was the champion for that state in his age group whatever she had. Um, now the can you describe what what it the the environment the neighborhoods that he uh grew up in? Were were they um uh communities that uh had a lot of violence?

[00:30:12]>> I I'll say so.

[00:30:14]>> Okay.

[00:30:15]Um, have you uh had the opportunity to observe Rashad as as a father?

[00:30:23]>> Yes.

[00:30:24]>> Uh, what kind of father have you observed him to be?

[00:30:29]>> He's an excellent He's an excellent dad.

[00:30:32]He's uh overprotective. I know that of his kids. Um, based on what he's been through, very overprotective. Um, he As far as the boys, he love to have them in sports. The girls of course he dopes with them, you know, daddy's girls is what he has. And um he he's the one he's one that love to cook for him and do all that stuff.

[00:31:03]He's he's the guy. He's that guy.

[00:31:05]>> Did you also observe him as a brother, as someone how he dealt with his siblings?

[00:31:14]Please. Yes. Is that you're not in your head, but for the record, you need to answer.

[00:31:20]>> No, I was going to answer. It's just that um I got I get shoved up a little bit, so I apologize, >> but uh with his siblings, definitely they came first after those kids or maybe alongside his kids. And um when their mom passed, he actually refused to be ignored as far as wanting the opportunity to have custody of his sister and brother, the the younger ones.

[00:31:55]So you observed him not only being a good father but also uh trying to become a father figure to his uh brother younger brother and sister.

[00:32:07]>> That's correct.

[00:32:09]>> Um what have you observed um of Rashad and his faith in Jesus?

[00:32:20]R was shot with well raised as seventh Adams and um he could flip that Bible.

[00:32:29]He's very good at that. And um he went to Seventh Day Adventist School, elementary school cuz my mother taught there for well she was teach there for several years over 20 years. So um Christian education and being part of uh the church was something that uh my my mother who was Alfred Gatis once he came on our side um in Florida she definitely kept him in church.

[00:33:07]>> Um what do you know? Do you know the Murphy's?

[00:33:13]>> Yes.

[00:33:13]>> Okay. Uh what did they who are they and and what uh did they have to do in Rashad's life?

[00:33:23]The Murphy's are actually excellent. Um Leroy Mur Leroy and Phyllis Murphy they were also um strong in faith in their uh religion.

[00:33:42]Uh uh Leroy was a disciplinarian and um Phyllis of course she was the dopey grandma and everybody always flocked over to their house. They everyone was welcome.

[00:34:01]No one was a stranger. So they were great great grandparents.

[00:34:07]>> These are the grandparents of Mr. Rashad Murphy.

[00:34:12]>> That's correct.

[00:34:13]>> Okay. Now, um what did you when his grandmother died, did you notice um any impact on Rashad Murphy?

[00:34:34]>> Um are you speaking on Phyllis?

[00:34:39]Are you speaking on Phyllis? Um because one his grandmothers he didn't know which was >> Well no obviously I'm obviously >> my mother and my mother. Yeah >> the grandmother and grandfather that that he had contact with and when they passed >> please go ahead interrupt.

[00:34:58]>> Did I'm sorry I do apologize.

[00:35:01]>> No you know um did I see any change?

[00:35:09]Rashad has always been a quiet type individual. Very quiet. Um, so he would keep things to himself, keep himself um, you know, you have to try to figure out what he was thinking. Oh, I think that's just that part of him that's that's that strong part of him.

[00:35:34]So to say that if I saw any changes in him, I couldn't say. I just know that he cuddled his kids more because they didn't have their matriarch around. He he cuddled the cousins, everybody. He just kept close to him. So I would say the way yes, that's that's a form of showing that he was affected by not wanting to lose.

[00:36:05]or making sure he was around where he had to be for as long as he could be around.

[00:36:11]>> Would it be accurate to say that Rashad as a as a child, a small child, uh witnessed domestic violence?

[00:36:23]>> Yes.

[00:36:25]>> And yes, >> I'm referring to his mother and his father.

[00:36:32]>> Yes. his mother, his father, his mother and her um husband at the time.

[00:36:39]Um and probably his mother and you know other people that may have been in her life due to her lifestyle.

[00:36:51]>> And and I may have asked you already, I'm not trying to be repet repetitive, but um >> his mother had did his mother have drug problems?

[00:37:01]Yes.

[00:37:02]>> Okay. And was that primary reason or one of the reasons why Rashad was placed in a foster home?

[00:37:13]>> Yes.

[00:37:13]>> Okay. Um did despite all that from your observations did he love his mother? He Rashad love his mother.

[00:37:25]>> Yes. And uh was he did you notice him uh also being affected when his mother died?

[00:37:36]>> Yes.

[00:37:38]>> Um was there a time that you uh were with Rashad and um he you sent him to New Jersey to around 14 to go to school?

[00:37:55]Yes.

[00:37:57]>> Myself and mother.

[00:37:58]>> What was the reason for that?

[00:38:01]>> Cuz so he could become engaged in sports. Uh my sister had a lot of connections up there in football because that was his love actually. And um my sister has access to you know quite a resources few resources in schools up there. and we wanted to give it a shot to see if um he could become a part of something like that because he loved football and it worked for me. It worked and schools were calling for him for him at his um young age when he was in high school. They had letters out. There's a video my sister still has it of him out there on the field. He was their star player. So, it did work that he was missing his family.

[00:38:58]Um, I've asked you about him as a father, correct?

[00:39:05]>> Yes.

[00:39:05]>> And I'm not sure if I asked you about his relationship with uh Charmaine Steager.

[00:39:13]Um, are you aware of that relationship?

[00:39:19]Yes.

[00:39:20]>> Can you describe uh that relationship?

[00:39:24]Uh ask asking you about what you've observed as um as a as Rashad Murphy as a husband or father to the children.

[00:39:40]that relationship, the two were inseparable and um she was actually one of the main reasons why he wanted to even come back because that >> come back I'm sorry come back from New Jersey. from New Jersey. Okay. He was missing his family and her >> that young puppy love. He had that. They had that. So that's how long they've been together.

[00:40:18]Miss uh Dickerson.

[00:40:21]Um did you observe him to be a a um working person who regularly worked >> Rashad?

[00:40:34]>> No.

[00:40:35]>> Did was did he get you don't know if he had jobs or not?

[00:40:40]>> No.

[00:40:41]>> Okay. Um, if he is sentenced to life in prison, would you continue to have contact with him and and maintain your relationship even visiting him in prison?

[00:41:04]>> Yes, sir.

[00:41:06]>> May I have a moment?

[00:41:07]>> Yes.

[00:41:24]One final question, ma'am.

[00:41:29]Um, if you could tell the jury what kind of person is the person that you know Rashad Murphy to be?

[00:41:40]The main thing that stands out and two two main things that stand out is he's a protector and very smart.

[00:41:52]Uh two main things a protector and he's very smart. Up three quiet. He's a quiet individual. Um you never know what he's thinking.

[00:42:10]com.

[00:42:14]>> Thank you. That's all I have.

[00:42:16]>> Okay. Miss Ism.

[00:42:21]>> Good afternoon, ma'am. Can you hear me?

[00:42:22]All right.

[00:42:24]>> Yes, I can.

[00:42:25]>> I just want to follow up with you. So, when you learned that Rashad Murphy um and Shaheen Murphy were in foster care, did you uh work together with the family members that you mentioned, so his grandparents and his great-grandmother to um get him out of the situation he was in?

[00:42:47]>> Yes. Actually, I was there when they were taken. I was there and they would not turn the kids over to us and we found that unusual and we thought that we would hear something from and we didn't and it just it just went on where we kept seeking ways of trying to find out where these kids are and they just wouldn't. Well, Rashad actually was in school when they took it, >> right? that you were at least trying to get custody or a stable environment outside of the home he was in with your sister.

[00:43:26]>> Oh, my my niece. Well, Darlene, she's my niece.

[00:43:29]>> His mom is my niece.

[00:43:30]>> Yes, it's okay.

[00:43:31]>> But you were working together with your other family members to try to get custody of him.

[00:43:37]>> Is that a yes?

[00:43:38]>> Well, you Yeah, we just Yes. Yes.

[00:43:43]>> And you did mention when Mr. Mr. Hernandez was asking you that there was some physical abuse in the foster home.

[00:43:49]Was that um Mr. Rashad Murphy seeing physical abuse of the other children inside of that home >> of his of his uh brother >> and once you all learned but you you had no information about any kind of physical abuse when um he was in the custody of your niece or abuse of him when he was in the foster care system or even afterward, right?

[00:44:13]>> No. But once you all learned of this information, did you still work with your um mother, so his great-grandmother, Miss Gatis, and his grandparents, Leroy and Phyllis, to get custody of him?

[00:44:28]>> Yes. My mother actually moved to St. Mary's in order to get them >> and >> and Phyllis and Rub were there as well.

[00:44:38]And once it was reported um what what was what was occurring did Rashad and Shahhee Murphy actually get removed and placed with another individual?

[00:44:50]>> Yes.

[00:44:51]>> And was that Miss Dallas?

[00:44:54]>> Yes.

[00:44:54]>> And how was their time with Miss Dallas?

[00:44:56]What would you describe that as?

[00:44:59]>> Awesome. Miss Dallas was um probably one of the best things that ever happened to them outside of our family because Miss Dallas is the one who defied the odds of the the um the uh foster care odds and she would make sure that she would bring those kids, those boys to Jacksonville.

[00:45:27]their sister Diamond was a singer and she was a little old thing singing in church and she would make sure they come to her church performances and um anything that we were having, Miss Dallas would make sure they stayed in touch with family, which is something that is very rarely heard of. So, we all loved Miss Dallas. And did Miss Dallas continue that for the other two years or so until you all actually got custody of um Rashad Murphy?

[00:45:58]>> Yes, Miss Dallas actually didn't want to let them go and neither did they want to leave her. They didn't want to leave her, but the state of Georgia made me adopt them or else they would put them back in foster care and not with Miss Dallas. And you were ultimately able to adopt them and then they stayed with you until they aged out, moved out on their own. Is that right?

[00:46:24]>> Well, not aged out, but um we were I'm sorry. Uh they were in between me and Phyllis and Leroy and me, Jamila, Jamila Murphy. Um we we were just one big we were just one big unit. So I wouldn't say I, you know, I'm the only one that had my hands on him. No, we all do.

[00:46:51]>> But Rashad specifically, you had an opportunity to, even in what your hands were able to do, help to change the circumstances that he you found him in at age nine, right?

[00:47:02]>> Yes.

[00:47:03]>> And you did that with his grandparents and his great grandma and his other aunts and uncles >> in the community.

[00:47:12]And you had an opportunity, you said, to send him to New Jersey. Did you help support him financially as well? All of you as a family?

[00:47:21]>> Yes.

[00:47:22]>> And it's only been in the last couple of years, I would say. Um, is that what you indicated that he's lost several of his grandparents, the ones that really supported him through into his late 20s.

[00:47:31]Is that right?

[00:47:34]>> Yes.

[00:47:36]But >> but he also does have I think what you described as as stable a very long time and stable relationship with Miss Stiger through all of these hardships, right?

[00:47:47]>> Yes.

[00:47:49]>> Your honor, may I have one moment? Yes, >> ma'am. Thank you. I don't have any other questions for you. Okay. Any redirect?

[00:47:57]>> No, you're >> okay. All right, Miss Dickerson, thank you so much. Your testimony is now concluded, so you can log off of the Zoom. Okay.

[00:48:06]>> Okay. Thank you.

[00:48:07]>> Okay. All right. And your next witness, >> your honor, Jame Murphy. And Jamea is spelled J A M E L A H. Sorry.

[00:48:20]>> Hello, Miss Murphy. Jamila Murphy, can you hear me?

[00:48:26]>> Yes.

[00:48:28]>> Okay. Can you turn your camera on?

[00:48:32]>> Yes, ma'am.

[00:48:33]>> Okay.

[00:48:37]I'll try to turn it on.

[00:48:39]>> Sure.

[00:48:46]>> Hold on.

[00:48:52]>> Okay. Is it on?

[00:48:53]>> I don't We have a picture of you, but not Oh, there we go. Okay. Yes. All right. Miss Murphy, please raise your right hand.

[00:49:01]Do you solemnly swear or affirm that the testimony you're about to give in this cause will be the truth, the whole truth, and nothing but the truth of helping God?

[00:49:08]>> Thank you.

[00:49:08]>> Yes.

[00:49:09]>> Okay. Um you can put your hand down and you may proceed. Mr. Hernandez, >> very briefly approach. Yes.

[00:49:34]>> Okay. You may proceed.

[00:49:40]M. Yeah.

[00:49:41]>> Um, ma'am, could you state your name, please?

[00:49:46]Yes, Jamila Murphy.

[00:49:48]>> And Miss U Murphy, I'm going to be asking you some questions about Rashad Murphy.

[00:49:56]Do you know him?

[00:49:58]>> Yes, sir.

[00:49:59]>> Uh, how do you know him? What is your relationship to uh Rashad Murphy?

[00:50:05]>> That's my nephew, my my oldest brother's child.

[00:50:09]>> Okay. And have you known Rashad Murphy his entire life?

[00:50:17]>> Yes, sir.

[00:50:18]>> Now, um are you aware of the fact that he was uh taken by the state and placed in a foster home um at an early age?

[00:50:33]>> Yes, sir.

[00:50:34]>> What do you know about his his father?

[00:50:37]Was he an active role model or was he pretty much out of Mr. Rashad Murphy's life?

[00:50:47]>> He was pretty much out of his life.

[00:50:50]>> Okay.

[00:50:50]>> He he he was around. He was he was around, but he wasn't like being a father.

[00:50:56]>> Okay. And I are you aware of of Rashad's mother uh having a variety of problems that al ultimately uh that she basically had a a um a drug problem?

[00:51:13]>> Yes, sir.

[00:51:14]>> And was that at least one of the reasons for Rashad to be removed from the home and put in foster care?

[00:51:23]>> Yes, sir. Now, are you personally aware of any uh problems that Rashad endured while um in foster care?

[00:51:38]>> Any problem?

[00:51:40]>> Uh >> was do you any know anything about him being abused in foster care?

[00:51:46]Um, probably maybe with his first foster parents he was with, but his last foster parents took good care of.

[00:51:54]>> Okay.

[00:51:55]>> Miss Mr. Harris, >> she took good care of >> I'm sorry, let me interrupt you that you made some reference to abuse in the first placement of the foster care.

[00:52:06]>> Um, I Yeah, I think I don't I'm not sure.

[00:52:12]Now, despite the um problems that Rashad's mother had, um would it be accurate to say that um Rashad loved his mother very much?

[00:52:29]>> Oh, yes. He loved his mother.

[00:52:32]>> And did he do you recall what his reaction was or his grief when his mother died?

[00:52:43]And he took it pretty hard. He, you know, he grief and he took it pretty hard. Now, can you describe the neighborhood that Rashad um was raised in? Was it a a a crime area, drugs or violence or anything of that nature? Do you know?

[00:53:10]Yeah.

[00:53:12]Yeah.

[00:53:13]>> Okay. Um >> I'm sorry.

[00:53:18]>> I said he went that bad, but >> yeah.

[00:53:22]>> Um what do you know about Rashad and his relationship with his fiance Charmaine Steager?

[00:53:36]Oh, that's um nervous. But they had um a great relationship.

[00:53:44]>> And did they have four children together?

[00:53:48]>> Yes.

[00:53:49]>> Um did you observe uh Rashad as a father and as a um as a male role model for them as well as his relationship? Was it a positive relationship with his fiance?

[00:54:06]Yes, sir. It was He was great. He was a great father.

[00:54:10]>> Okay. And can you uh give me examples of why you believe he was a great father?

[00:54:16]Did you see him participate in activities with him? Did he care for them? Things of that nature?

[00:54:21]>> Yes, I seemed to um he was make sure they he fed them and make sure his his children was in activities.

[00:54:33]>> Okay.

[00:54:35]Go ahead. I'm sorry.

[00:54:37]>> Yeah, he was definitely kid was in, you know, in school activities to going to the school and stuff like that and, you know, just being there for his kids.

[00:54:49]>> What about um how um did did you also observe him um having contact with your children or grandchildren?

[00:55:02]How did he Yes. And and expl tell the jury what you observed as as him as a as a relative, as a person.

[00:55:11]>> He was he's a loving he's a loving big cousin and he was a protective, you know, he love he he was he's the first cousin, so he made sure every all his cousins was good and they looked up to him.

[00:55:30]>> What about I'm sorry. Go ahead. What do you >> Okay. What about um how he um what relationship how he related to his own siblings, his brother and sister?

[00:55:46]>> Oh, he he was a great big brother. He he made sure he was protect protective with them. He made sure everything was, you know, they was straight and everything like from um school itself too.

[00:56:02]>> Do you recall him actually in addition to trying to support four kids and a fiance? Uh, do you recall him actually trying to adopt or at least take care of his brother and and sister in many ways, including financially?

[00:56:22]>> Oh, yes, I have. He He did. He stepped up to his two youngest siblings.

[00:56:28]>> Um, the Do you love Rashad?

[00:56:34]>> No. Yes, I do.

[00:56:37]uh if he was sentenced to life in prison, would you continue to have contact with him and and visit him and and and and maintain as best as you can your relationship with Rashad?

[00:56:53]>> Yes, I will.

[00:56:55]>> Is there anything else about Rashad? Any other qualities that I have forgotten to ask you?

[00:57:09]Um, >> one second, your honor, if I may.

[00:57:15]>> Yes.

[00:57:25]>> Um, ma'am, um, >> who is Rashad Adams?

[00:57:33]>> Gerard Adams.

[00:57:37]That's my child.

[00:57:40]>> Would you consider um Rashad and Gerard your your child close?

[00:57:48]>> Yeah.

[00:57:49]>> Okay. Now, is is Rashad deceased?

[00:57:55]>> Gerard, I'm sorry.

[00:57:58]>> Yes, he is.

[00:57:59]>> Okay.

[00:58:02]And Do you know who he's buried next to?

[00:58:10]>> Yes, he's buried next to his to Rashad's mother and my and my mother.

[00:58:18]>> Do you recall seeing Rashad and and his reaction to the death of your son?

[00:58:32]Yeah.

[00:58:35]>> Yes.

[00:58:36]>> And what was that? Did it have an impact on him?

[00:58:42]>> I think he did. Of course. Yes.

[00:58:46]It was a long one. Yes.

[00:58:49]>> Thank you.

[00:58:52]>> Okay. Miss Ism.

[00:58:59]>> All right. You may proceed. Ma'am, can you hear me? Okay.

[00:59:03]>> Yes.

[00:59:04]>> You said your son was like a brother to Rashad, right?

[00:59:08]>> Yes.

[00:59:09]>> Did you have an opportunity to help to raise Rashad once Miss Hazel actually adopted him?

[00:59:16]>> Yes.

[00:59:17]>> And did he stay with you a lot over the course of of those years? So, from nine or so through when he was 18?

[00:59:24]>> Yes.

[00:59:25]>> Did he get an opportunity when he was living with you to also be living with um Jo.

[00:59:31]>> Yes, he did.

[00:59:32]>> Is that why you're saying that they have a close relationship like brothers?

[00:59:37]>> Yes.

[00:59:39]>> And I'll I'll change subjects. Okay.

[00:59:41]When you when he was coming to your house when he was a teenager, did you sometimes take him to school?

[00:59:48]>> Yes, I did.

[00:59:49]>> And did you talk to him about school and what was happening at high school?

[00:59:53]>> Yes.

[00:59:54]>> How was he doing in high school with grades?

[00:59:57]>> Oh, great. He was a still good.

[01:00:01]>> And you were proud of him for that?

[01:00:03]>> Yes.

[01:00:04]>> The home that you provided to him and your own children, would would you call it stable?

[01:00:09]>> Yes.

[01:00:10]>> Did he have the opportunity to drive or go back and forth between your house and Miss Dickerson's house and his grandparents house and his great grandma's house?

[01:00:19]>> Yes.

[01:00:20]>> Did you all work together to raise him even despite the issues that his mom was having at the time?

[01:00:27]>> Yes.

[01:00:28]And did he have any learning disabilities or anything like that that you were aware of throughout the course of those teenage years before he moved out?

[01:00:36]>> No, I'm not. No.

[01:00:38]>> Did you all um once he moved out, was that to be living with Miss Stiger?

[01:00:43]>> Yes.

[01:00:44]>> And did you all remain supportive of him and his family as that family grew?

[01:00:49]>> Yeah.

[01:00:51]>> I have no further questions, ma'am.

[01:00:53]Thank you.

[01:00:53]>> Okay. M Mr. Hernandez, any redirect?

[01:00:56]>> Uh, no, your honor. Thank you.

[01:00:58]>> Okay. All right. Thank you so much, Miss Murphy. Your testimony is concluded, so I'm going to close out the Zoom. Okay.

[01:01:04]>> Okay. Thank you.

[01:01:05]>> Sure.

[01:01:09]>> Okay. And um I do have a stipulation to read to you all. Again, you are to accept this as being proven. Um comes now the Danny Hernandez, attorney for defendant Rashad Murphy, and assistant state attorney Scott Harmon do hereby stipulate as follows. The defendant, Rashad Murphy, has no prior felony convictions, and this is signed by both Mr. Harmon and Mr. Hernandez. Okay. All right. Uh, Mr. Hernandez, do you have an announcement, >> your honor? Yes. At this time, defendant Rashad Murphy would rest.

[01:01:42]>> Okay. Very good. All right. Uh, members of the jury, it's 10 to 5, so we're going to go ahead and take our evening recess. I believe the state has two witnesses tomorrow. Correct.

[01:01:52]>> That's correct, your honor. Okay. So, we have to start going over jury instructions. So, I'm going to have you all report tomorrow at um 10:00 a.m. for the start because we have to meet ahead of time to start going over the final set of jury instructions. Um we'll see how we do tomorrow. I anticipate we'll at least start closing arguments by the parties. I don't think we'll get through all of them. So um I anticipate you all will come back Friday morning. Um there may be additional closing arguments or not and then the final set of instructions. So again you will get this case for penalty phase on Friday. Okay.

[01:02:35]All right. So just remember my previous instructions. Don't talk to anybody about anything related to this case and don't do any of the other stuff I repeatedly asked you not to do. And we'll see you guys tomorrow morning at 10:00 a.m. start. All right. Thank you.

[01:02:49]All right.

[01:03:14]>> Okay. Very good. All right. Um, I emailed everybody what I have done so far as far as verdict forms and the final set of instructions so you guys can start looking over them tonight. Um, I don't yet have the non-stutory mitigators for um, Dave or Rashad Murphy. It they may have gotten sent to my J. I just don't have them yet. So, um, anyway, so I will get those and then um, we will meet at 9:00 am tomorrow morning for our charge conference. Okay?

[01:03:45]So, just start looking over everything and make sure I've got everything that we need in the jury instructions and the verdict form. Okay. Okay. And then for closing arguments, if defense I don't know if defense council's talked about it. If you all have a lineup, if you all can agree on a lineup, great. If not, then I will just go in the order of the indictment, which is Isaiah um Isaiah Chance, Yathright, Rashad Murphy, Davon Murphy. Okay. All right. Very good. See you guys tomorrow morning at 9:00 a.m.