Trial Transcripts:

NOTE: Joseph Davis (Black) testifies for state against myself and testifies that I was to pay for murders and recruited everyone.
1 A-F-T-E-R-N-0-O-N P-R-0-C-E-E-D-I-N-G-S
2 THE COURT: Since the defendant has
3 rested we'll have rebuttal by the State.
4 MS. KRAFT: The State would call Joseph
5 Davis. He's in the back.
6 JOSEPH DAVIS, called as a witness
7 herein, being first duly sworn, was examined and
8 testified as follows:
9 THE CLERK: State your full name for
10 the record and spell your first and last name,
11 please.
12 THE WITNESS: Joseph Davis,
13 J-o-s-e-p-h, D-a-v-i-s.
14 DIRECT EXAMINATION
15 BY MS. KRAFT:
16 Q Mr. Davis, how old are you?
17 A Eighteen.
18 Q Do you have a nickname?
19 A Yes.
20 Q What do people call you?
21 A Black.
22 Q Can you tell me whether or not you know the
23 defendant in this case, Edward Jackson?
24 A Yes.
25 Q Do you see the Edward Jackson you know in court
1 today?
2 A Yes.
3 Q Tell us where he's sitting and what he's wearing,
4 please.
5 A He's sitting over there.
6 Q What's he wearing?
7 A Red and blue Nike shirt.
8 MS. KRAFT: I would ask the record
9 reflect the identification of Edward Jackson by
10 this witness.
11 THE COURT: The record will so
12 reflect.
13 MS. KRAFT:
14 Q Mr. Davis, did you know Mr. Jackson in August of
15 1993?
16 A '93?
17 Q August of 1996, this past August?
18 A Yes.
19 Q Did you know Mr. Jackson by some nickname?
20 A Yes.
21 Q What nickname did you call Mr. Jackson in August
22 of 1996?
23 A Goldy.
24 Q Goldy. Can you tell me -- I want to direct your
25 attention back to the late evening hours of
78
1 August 23rd of 1996 shortly before midnight.
2 Were you arrested that night?
3 A Yes.
4 Q Where were you when you were arrested?
5 A On 16th and Clarke.
6 Q Were you in a vehicle?
7 A Yes.
8 Q What kind of vehicle was that?
9 A Black -- I forgot what kind of car it was.
10 Q Was it a Buick LeSabre?
11 A Yes, I think so.
12 Q Were there other people in the car with you when
13 you were arrested?
14 A Yes.
15 Q Do you know a man named Duane Brown?
16 A Yes.
17 Q Was he in the car?
18 A Yes.
19 Q Where in the car was he at the time that you were
20 arrested?
21 A Where was he?
22 Q Yeah. Where was he sitting in the car?
23 A In the front seat.
24 Q Behind the driver's seat or in the passenger
25 seat?
79
1 A The driver's seat.
2 Q Do you know a man named James Tate?
3 A Yes.
4 Q Was he in the car with you when you were arrested
5 on August 23rd of 1996?
6 A Yes.
7 Q Where was he sitting in that car?
8 A In the front seat on the passenger's side.
9 Q Do you know a man named Tyrone Stallings?
10 A Yes.
11 Q Where was he in the car when you were arrested on
12 August 23rd or of 1996?
13 A Yes.
14 Q Where was he sitting in the --
15 A In the backseat on the right side.
16 Q Behind the passenger?
17 A Yes.
18 Q Where were you sitting in that car?
19 A In the middle.
20 Q Was Mr. Jackson in that car with you?
21 A Yes.
22 Q Where was Mr. Jackson sitting?
23 A In the backseat on the left side.
24 Q Behind the driver?
25 A Yes.
80
1 Q Can you tell me whether or not you had a
2 firebomb in that car when you were arrested that
3 night?
4 A Yes.
5 Q Do you know whether or not there were any other
6 firebombs in that car?
7 A Yes.
8 Q Who else had firebombs in that car if anyone?
9 A Three people in the backseat.
10 Q Did Mr. Jackson have a firebomb?
11 A Yes.
12 Q Did Mr. Stallings have a firebomb?
13 A Yes.
14 Q Can you tell me when those firebombs were made?
15 Do you know?
16 A The night we got arrested.
17 Q Prior to getting into that car before you got
18 into the car?
19 A Yes.
20 Q Where? At what location were those firebombs
21 made?
22 A 17th and Wright.
23 Q And who was present? Who was there at the time
24 that the firebombs were made up?
25 A Me, Edward Jackson and Tyrone Stallings.
81
1 Q You, Edward Jackson and Tyrone Stallings?
2 A Yes.
3 Q Can you tell me whether or not the defendant,
4 Edward Jackson, helped to make those firebombs?
5 A Yes.
6 Q Can you tell me what those firebombs were going
7 to be used for?
8 A Blowing up a building.
9 Q Blowing up a building?
10 A Yes.
11 Q Did you agree with other people that you were
12 going to help blow up a building?
13 A Yes.
14 Q Did you talk to Edward Jackson about that
15 agreement?
16 A Yes.
17 Q Did you talk to Tyrone Stallings about that
18 agreement?
19 A No.
20 Q You talked to Edward Jackson?
21 A Yes.
22 Q When did you first find out -- From whom did you
23 first find out that you were going to be involved
24 in blowing up a building?
25 A Ed Jackson.
82
1 Q The defendant?
2 A Yes.
3 Q Can you tell me whether or not you expected to
4 get any money for helping to blow up the
5 building?
6 A Not really.
7 Q Did someone tell you that you would be paid for
8 it?
9 A Yes.
10 Q Who told you?
11 A Ed Jackson.
12 Q Edward Jackson?
13 A Yes.
14 Q Do you know whether or not -- Strike that. Was
15 there another part of the plan that involved the
16 firebombs that night? Do you understand the
17 question?
18 A I don't know.
19 Q Okay. Did someone tell you that there were going
20 to be people shooting when the houses were
21 firebombed?
22 MR. ROSEN: Objection. This is
23 leading.
24 THE WITNESS: Yes.
25 THE COURT: Overruled.
83
1 MS. KRAFT:
2 Q Who told you that?
3 A Ed.
4 Q The defendant?
5 A Yes.
6 Q Do you know who were to be the people who were
7 shooting the night that the firebombs were to be
8 thrown?
9 A Yes.
10 Q Who were the shooters going to be?
11 A Duane Brown and James Tate.
12 Q The two people in the front seat of the car?
13 A Yes.
14 Q When you went to the location that you were
15 arrested that night, were you going -- was the
16 purpose to do the plan that you had talked about,
17 firebombing the house?
18 A Yes.
19 MR. ROSEN: Objection. This is all
20 leading.
21 THE COURT: I didn't hear you.
22 MR. ROSEN: This is all leading. I'm
23 objecting.
24 THE COURT: Read that question back.
25 (Question read aloud by the Reporter.)
84
1 THE COURT: It is a leading question.
2 Sustained.
3 -MS. KRAFT: Well, I disagree. It's a
4 yes or no question.
5 THE COURT: You can disagree all you
6 want.
7 MS. KRAFT:
8 Q When you set out in that car that night, where
9 were you going?
10 A To the location on 14th and Meinecke.
11 Q What were you going to do there?
12 A Throw a bottle through a window.
13 Q Were you going to get out of the car to throw the
14 firebombs?
15 A Yes.
16 Q Was anyone else going to get out of the car?
17 A Yes.
18 Q Who else was going to get out of the car?
19 A Ed Jackson and Tyrone Stallings.
20 MS. KRAFT: Thank you. That's all.
21 THE COURT: Cross-examination.
22 CROSS-EXAMINATION
23 BY MR. ROSEN:
24 Q You're on disability for learning? You have a
25 learning disability, don't you?
85
1 A Yes.
2 Q You are on SSI for that?
3 A Yes.
4 Q Now, you have pled guilty to part of this
5 offense, correct?
6 A Yes.
7 Q You have not been sentenced yet though, correct?
8 A Yes.
9 Q That's a correct statement? You haven't been
10 sentenced?
11 A Yes.
12 Q And you're hoping that your testimony here
13 will affect the outcome of that sentence, don't
14 you?
15 A Hoping.
16 Q Pardon me?
17 A Hoping.
18 Q You're hoping the district attorney might say
19 good things about you to help you in that
20 sentence.
21 A Hoping.
22 Q Also you're hoping your lawyer will say that too,
23 correct?
24 A Yes.
25 Q You are also hoping that the judge will also
86
1 consider that, don't you?
2 A Hoping.
3 Q Because your testimony here today you hope will
4 affect your sentence, isn't that true?
5 A Not really.
6 Q But you're hoping that everybody is going to
7 consider how you do today before they sentence
8 you, correct?
9 A No, not really.
10 Q But you just said that you are hoping and
11 expecting that the district attorney will say
12 favorable things about you, isn't that true?
13 A No.
14 Q You just said that you did hope that, didn't
15 you?
16 A Yes.
17 Q All .right. And you did also say that you hoped
18 your lawyer will say good things about you
19 because of your testimony today, correct?
20 A Yes.
21 Q And you're hoping that the judge is also going to
22 consider that in your sentence too, correct?
23 A Yes.
24 Q Now, you said that Ed Jackson was the one that
25 came, talked to you about the plan, correct?
87
1 A Yes.
2 Q And Ty Stallings was in the car also, correct?
3 A Yes.
4 Q Your testimony is that Ty Stallings never talked
5 to you, right?
6 A No, sir.
7 Q So Ty Stallings now did talk to you, right?
8 A No, sir.
9 Q Just everything was Ed? Everything was Ed?
10 MS. KRAFT: Excuse me. I didn't hear
11 the question. I think it's argumentative. I
12 object.
13 THE COURT: It becomes argumentative
14 because it was repetitive.
15 MR. ROSEN:
16 Q Everything was Ed, right?
17 A No, sir.
18 Q Some of it was Ty Stallings?
19 A No, sir.
20 Q It was you then, right?
21 A No, sir.
22 Q Besides Duane Brown and Joseph Tate, it was Ed,
23 right?
24 A Right.
25 Q Who else was it?
88
1 A Christopher.
2 Q Forget about Christopher. But as far as the
3 firebombs and all of that, it was everything --
4 getting you into this was basically Ed, right?
5 A No, sir.
6 Q Ed was the one that talked to you, right?
7 A Yes.
8 Q Ty Stallings -- you never talked to Ty Stallings?
9 Is that your testimony?
10 A No, sir.
11 0 So you never did talk to Ty Stallings?
12 A No, sir.
13 Q And Ed was the one who told which house was to be
14 done, right?
15 A Yes, sir.
16 Q It wasn't Ty Stallings then, was it?
17 A No, sir.
18 Q Okay. You had a gun in that car, didn't you?
19 A Yes.
20 Q That was only for protection?
21 A Yes.
22 Q You didn't intend to shoot anybody, did you?
23 A No, sir.
24 Q You gave a statement to a Detective Rankovic on
25 the night of August 23rd, correct?
89
1 A Yes, sir.
2 Q At that time you recall telling Detective
3 Rankovic that the bottles were already made the
4 first time you arrived at the 17th and Wright
5 house?
6 Do you recall telling Detective
7 Rankovic that?
8 A Yes, sir.
9 Q Now you're saying the bottles weren't already
10 made, right? Now you're saying you helped make
11 those bottles, right, those bombs?
12 A Yes, sir.
13 Q All right. So basically what you told Detective
14 Rankovic was not true, right?
15 A Yes, 'Sir. .
16 Q Now, basically what you just agreed to do was
17 firebomb a house, right?
18 A Yes, sir.
/
19 Q And that's what -- Your motive was to firebomb a
20 house and make some money, right?
21 A No, sir.
22 Q Your motive was not to make money?
23 A No, sir.
24 Q You didn't want to make any money on this?
25 A Yes --No.
90
1 Q You did this out of the goodness of your heart,
2 right?
3 A Yes.
4 Q That's why you were going to firebomb this
5 house was out of the goodness of your heart,
6 right?
7 MS. KRAFT: Objection. He's repeating
8 the questions. It's asked and answered. I
9 object.
10 THE COURT: Some repetition is
11 permitted on cross-examination.
12 MR. ROSEN: Thank you, Your Honor.
13 Q You met with Carol Kraft prior to today to talk
14 about what you were going to say today?
15 A Yes.
16 Q How many times did you meet with her?
17 A Once.
18 Q And that's basically going over what you're going
19 to say here today, right?
20 A Yes.
21 Q Have you ever been convicted of a crime, sir?
22 A Yes.
23 Q How many times?
24 A Twice.
25 Q Those are criminal convictions, correct?
91
1 Q You did this out of the goodness of your heart,
2 right?
3 A Yes.
4 Q That's why you were going to firebomb this
5 house was out of the goodness of your heart,
6 right?
7 MS. KRAFT: Objection. He's repeating
8 the questions. It's asked and answered. I
9 object.
10 THE COURT: Some repetition is
11 permitted on cross-examination.
12 MR. ROSEN: Thank you, Your Honor.
13 Q You met with Carol Kraft prior to today to talk
14 about what you were going to say today?
15 A Yes.
16 Q How many times did you meet with her?
17 A Once.
18 Q And that's basically going over what you're going
19 to say here today, right?
20 A Yes.
21 Q Have you ever been convicted of a crime, sir?
22 A Yes.
23 Q How many times?
24 A Twice.
25 Q Those are criminal convictions, correct?
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