GRAND FORKS, ND (trfnews.i234.me) The Salamah Pendleton murder trial in Grand Forks, North Dakota. He’s facing 2 counts of murder in shooting deaths of his mother and a Grand Forks police officer in May of 2020. This is video of court proceedings from around 9:30 am Wednesday, July 7, 2021 until 2:30 pm.
as you were processing the crime scene were you able to determine where the majority of uh fire exchange had taken place yes um later on a shooting incident reconstruction had taken place and there were three areas that were identified as the primary locations of where the shooting would have taken place one of those being the kitchen dining room area another one being the bedroom mr pendleton and another one being the hall entering the apartment are entering 303. so the hallway if you’re standing in the doorway of 303 directly in front of you inside of the apartment or inside of 303 right those areas were processed was evidence collected yes after you finished assisting with the crime scene in 303 did you receive any other assignments the other assignment that i received was to return the following day and assist with the shooting incident reconstruction and did you assist another agent in that reconstruction i did i said agent um jeremy quam after you completed that reconstruction did that end your assignments and roles in the investigation excuse me after you completed that reconstruction with special agent guam did that end these assignments that you were given yes i have nothing for your honor cross-examination mr muddinger thank you these photographs that we are we had a chance to look at this morning simply show a full of defects and a projectile that was found correct correct absent uh excuse me absolutely go ahead please i’m sorry you you use the term projectile um i believe that it was noted as a metal fragment on the evidence inventory and receipt form you assumed that that was a part of a bullet correct and that was based on the entry into that apartment and the fact that there’s no exit on the wall yes you also uh throughout your testimony referred to area as a crime scene correct correct be fair to say at this point uh no crime has been proven correct it it’s considered a crime scene um because it’s under investigation and we’re determining if you know what what crimes have taken place your job is simply to collect evidence at this point correct collect evidence and and present that yes based on your examination of the uh the outside of 303 always you determine how many bullet defects were in the hallway that indicated that projectiles had been fired from inside of 303 no i don’t have anything else any redirect miss new film briefly your honor you had referenced what was located in apartment 9 of 2605 as a metal fragment which should be part of a bullet why would you be looking for a metal fragment um typically if you have a shooting incident um the bullet is going to have a final resting spot whether it’s outside of a residence or inside of a residence embedded in a material in the structure itself um so that’s what we’re looking for is a metal at this point most likely a metal fragment because once that bullet passes through different types of material it’s going to fragment apart it’s not going to maintain its its original shape and size you may have multiple fragments from one bullet that are recovered at a scene so you would expect based on where the bullet likely came from where it was likely discharged from as to where it was found there should be fragmentation yes based on it going through intermediate material yes to simplify that simply because it went through walls or other shingles walls i mean sheet rock wood material asphalt difference or different types of surfaces are gonna cause that that bullet to deform i have nothing further your honor any recross from defense just a couple um you collected that fragment i did that would have been logged into evidence correct is that the only fragment bullet fragment that you recovered from the apartment yes is it your belief that that’s the only fragment that entered into that apartment yes approximately how big a piece was it i would say it was approximately a quarter inch in diameter just out of curiosity did you determine whether or not anybody was in that apartment when that fragment came through uh mr eli the resident had informed agents that he was not inside the residence when that happened i don’t have any other questions can your witness be excused yes your honor i’m released from his subpoena please and officer the witnesses have been sequestered so you’re not allowed to talk any other witnesses till the cases thank you are these original exhibits for the clerk or do they already have those the original exhibits dave may call its next witness romney handles in the state would call agent carter agent if you come forward here i’ll give you the oath before you take the stand you swear to tell the truth the whole truth and nothing but the truth to help you god thank you take the witness stand you might have to adjust the microphone towards you or up and down thank you would you please state your name for the record edwin carter where are you employed the north dakota bureau of criminal investigation and i’m assigned to the grand forks narcotics task force in what capacity are you employed with the your criminal investigation i’m a special agent how long have you been with eci since 2015. could you please outline for us what type of training and experience you’ve undergone to hold your current position sure um i’ve been a narcotics investigator since 2007. in that time i have approximately 2 000 hours of continuing law enforcement education in topics that range from drug identification and detection conspiracy drug investigations [Music] undercover operations rural drug investigations i’ve attended the drug enforcement administration a week-long drug training they they put on for narcotics officers um i uh i’m a selbright certified mobile forensic examiner i’ve conducted or i’ve i’ve been to outside investigations death investigation courses and classes and i’ve probably assisted in approximately 1500 drug investigations in my career prior to being employed with the criminal with the bureau of criminal investigations were you employed in another law enforcement agency i was one other agency in my career and it was a sheriff’s office in north carolina were you working on may 27 of 2020 i was did you receive a call or assignment from a supervisor that day i did what information did you receive the information that i received was that there had been an officer-involved shooting incident in the city of grand forks that some sheriff’s deputies with the grand fork sheriff’s office had went to serve a civil eviction at a residence and in the process of attempting to serve that civil eviction there was a shooting that happened inside the residence as a result one deputy was shot a uh or two people inside the residence that were shot and then there was another officer with the grand forks police department that was fatally shot what did you do when you received that information um so it was actually i had taken a vacation day that day and so i came back into town from being called out by my supervisor and um i was asked to apply for a search warrant to assist the agents that were on scene as they continued to gather evidence or information of what had happened and taken place at the residence so that we could process the scene did you go to the scene prior to applying for the search warrant uh i did briefly i took our um north dakota bureau criminal investigation crime processing vehicle it’s a van similar to what you would see as like an ambulance sized vehicle and it contains a lot of implements and containers bags things like that that help us process large scenes and so i took that vehicle to the scene and then after dropping that vehicle off i’d return to the office to start applying for the search warrant when you first arrived at the scene in the prime van what did you observe um it was a very chaotic scene there were several agencies posted up perimeters set up further outside the street to kind of contain what was going on we had several scenes by the time the diet arrived officers had been taken to health facilities to be seen as well as i learned that mr pendleton had also been taken to the hospital to be seen so i had observed that we had several scenes that needed to be processed in separate locations as well as inside the residents there were scenes outside and in other locations and at that time you left and you didn’t be given the assignment of applying for the search warrant yes did you apply for a search warrant i did was the search warrant obtained yes it was what did you do after you got the search warrants um after receiving the signed search warrants i uh went back to the residence to assist agents in processing the crime scene and when i arrived at the residence i read the search warrant out loud which is just something that i’ve always done some people just feel service of a search warrant it’s just something that happens you know signed you can leave a copy i’ve always made it a habit whether somebody’s there or not i just read the search warrant out loud just so that way i can say that the search warrant’s been served what assignment did you receive after you obtained the search warrants so i was asked to assist special agent scott craft in um diagramming um the crime scene uh getting an overall photo photo image and video image of uh the scene was that just the scene inside of 303 or was it other areas as well it was other areas it was outside it was in the hallways of the apartment complex and then also the interior of the residence so starting outside of the apartment complex and worked our way into the building into the hallways and up to the third floor the exterior of the building what were your initial observations there were blood stains the concrete uh trails of bloodstains leading up into the entrance of the uh the apartment complex i believe there were some there were some blood so clothing um outside the entrance of the apartment complex and then there were [Music] items that were located before i had arrived that have been secured from outside the residence a firearm and some magazines for an assault style rifle and so note was taken of that evidence on the exterior yes photographs were taken of that as well yes and then you worked into the apartment building yes what did you observe as you began working your way up to the third floor uh up to the third floor uh saw a lot of the same it was um blood trails going from inside the entrance of the apartment complex up the stairs uh up into the third floor landing the the entrances to the apartments are when you got to that third floor landing what did you see there were several items outside of the apartment complex or outside that apartment door i observed blood holes in the in the door the apartment of 303 and then across the hall to the door of 301 i also observed um there was some blood soaked uh like a plastic like a threshold mat like a carpet protector thrown out there there was uh clothing um there was officers uh parts of their duty belts um like their belt keepers and stuff that keep their belts fast and secured to their uniform if there was a kitchen stool or a bar stool also kind of thrown out into the into the hallway and it was just more chaos when you first went into 303 what was your initial reaction um it was it was overwhelming um just just being a part of processing quite a few scenes in the past this one was going to take quite a bit of time there was bullet defects throughout all almost every wall in the residence if not every wall in the residence there was blood everywhere broken glass there were numerous shell casings just thrown all around the room and when you have something like that you want to preserve as much as you can because even during the initial moments of everything that was going on some of that evidence could have already been disturbed by people moving around and getting people out of the apartment and stuff like that so just knew that we were going to have to really take our time to process that scene there was a lot of stuff were photographs of the apartment taken they were uh overall photographs were taken um i believe in an agent was escorted taking photographs and another agent went with him just to be mindful where they were stepping while they were taking overall photographs and what overall photographs are is it’s basically the first site of the scene before we get in and start processing and locating specific items of interest we want an overall kind of a station of what scene shows from all four corners of all the rooms and were you able to have or were those photographs taken yes they were after overall photographs were taken then what took place uh then the the special agent craft uh conducted the the scene diagramming of the the layout of the uh the internal part of the apartment a special agent craft has his own equipment in which he does that analysis he does he uses uh one of the pieces of equipment that he uses is like a scanner which creates a a 3d model representation of the uh of the scene it’ll rotate 360 up and down it’ll give you an entire view of the room in a digital format that you can then view whether it’s on computer tv or nature after agent craft had done his diagramming what took place after the diagramming was complete then agents started to be detailed on um how we were going to process the scene how we were going to start where we were going to start and um and they were advised of what items were listed on the search warrant what items we were looking for specifically for processing the scene when you process the scene what do you do when a piece of potential evidence has been located when uh when a piece of potential evidence is located uh the first thing that happens is somebody calls out to the person that’s taking the direct photographs of those items before ever touching or disturbing the item or knowingly watching or disturbing the item the person taking the photographs comes over photographs it and then the agent that has located that item then places that item into an evidence receptacle as a bag or a vanilla envelope something that can contain that piece of evidence when the evidence is photographed is it anything assigned to it to identify it there is as we locate items of evidence we have little evidence markers or evidence tense they come in all kinds of colors i believe ours at the time were yellow so each piece of evidence would be provided its own individual tent yes which would have a corresponding either number or letter when it’s photographed is it photographed with that tent it is photographed with the tent uh some tend to have um uh scales attached to them um for certain pieces of evidentiary items that we want to get like a measurement marker of but each one has its own assign is the location um of each piece of evidence recorded yes it is it’s also recorded on an evidence inventory sheet uh in receipt uh that we use within our office to uh to further document the location of where it was found who collected it and then a brief description of that particular item that was located were evident evidence inventory sheets utilized in this investigation they were what happens to an evidence inventory sheet after the um scene is processed so after the process of the scene the evidence is turned in with the evidence inventory receipts um one of my duties in the grant for narcotics task forces as an evidence custodian in the office and so what happens is those pieces of evidence come into the office they use the evidence inventory receipt to check to make sure that we have uh every piece of evidence that’s recorded on that evidence inventory sheet and then those evidence items go into a secured evidence room located in the task force office and then those evidence receipts are then placed in a secure file you had indicated that the evidence inventory sheets did you take possession of them for this investigation i did and were they stored in the file they were yes special leader carter i’ve handed you what has been marked this year’s exhibits 158 through 163. can you please identify those for us uh these are the evidence inventory and receipts for the evidence that was collected during the processing of those scenes are those uh true and accurate depictions of the evidence inventory receipts that you took into custody they are your honor the state would offer what has been marked as states exhibits 158 through 163 into evidence 158 through 163 are received you had indicated special agent carter that photographs are taken of each piece of evidence that’s correct was a report generated that outlined where each piece of evidence was located there was a special agent scott craft conducted a crime scene diagram um which is an illustration and representation of the scene and the items located and seized in relation to the processing of that crime scene and would the report then contain photographs of each piece of evidence it would and then on the diagram is the corresponding location it is uh indicated by the little images of the tents and where approximately they were located your honor may i approach yes you may special agent carter i’ve handed you what have been marked as states exhibit 157 and 234 can you please identify those for us yes this is a binder containing um the uh cover sheet it’s the overall scene diagram that was completed by special agent scott crap illustrates again and represents the the layout of the residence and then where the items that were either seized as evidence or located as pieces of evidence inside the residence then this just contains individual photos that were used in his crime scene diagram with the individual tent numbers uh labeled and marked on each sheet your honor the state would offer what has been marked as states exhibit 234 and 157 into evidence the objection mr moddinger he said 157 and 234 are received your honor there are copies that have been prepared for the jury of the scene diagram permission to hand them out to them any objection granted are these for their binders foreign uh in addition to in addition to pictures being taken or photographs being taken of each individual piece of evidence are there other photographs that are taken while a crime scene is being processed yes what type of photos would those be um other than the overall photographs we take we take numerous photos in varying distances of those particular items usually starting from a far range mid-range and then close up those photographs give you an over those photographs allow you to place each individual piece of evidence into context of where it was and were those photographs taken they were what happens to photographs after they are taken into taken in a crime scene so after the photographs were taken from a crime scene the agent that’s was delegated to take those photographs then takes those photographs depending on the size of those photographs and burns them onto a disc to memorialize those photographs for our report purposes was that done in this case yes it was hey patron yes jimmy special agent carter i’ve handed you would have been marked estates exhibit 38 through 139 can you please identify for us what those are um these are the photographs that were taken of the crime scene processing at the residence on that day are they a true inaccurate depiction of the crime scene as you saw it they are your honor the state would offer what has been marked as states exhibit 38 through 139 into evidence any objection mr monninger no sir uh exhibits 38 through 139 are received special agent carter was there physical evidence that was received or was taken into evidence that day there was from the various crime scenes that being outside of the apartment building as well as inside of the apartment building yes your honor permission to publish the photographs granted special agent carter i’m showing you what has been marked the state’s exhibit 38 can you identify what we’re seeing please this is a photograph of the exterior of the residence and in the photograph you can see the grand forks police department and the grand forks county sheriff’s office shared tactical vehicle as well as our bureau of criminal investigation evidence processing truck in the background and this would be one of those photographs you’d indicate overtaken this would be now looking at exhibit number 39. um in this photograph we see little yellow squares throughout it could you identify for us what those squares are those are the evidence tens that we use to mark evidence that has been located of evidentiary value are you able to identify for us specifically what building we see in this photo um building we’ve seen the reporters uh that is the that is the corner of the apartment complex um the residents of 2627 17 where apartment 303 is located and you had indicated when you arrived on scene other officers had already located evidence outside of the building is that correct that’s correct what had already been located outside of the building again outside the building uh there were i believe there were parts to officers patrol uniforms that have been removed while providing them with emergency medical care there was a small caliber pistol that was located on mr mr pendleton as he was brought inside i believe there was also uh some rifle magazines um located as well just outside the entrance to the apartment complex and then yes the uh the clothing was taken off of mr pendleton that the uh pistol and the magazine or the rifle we’re located in i’m showing you states exhibit number 40 can you see in this photograph uh the rifle magazines you’re referencing uh yes in the bottom of the photo uh next to the kind of the washed out yellow tent uh you can see the uh the rifle magazine and in the bottom of the rifle magazine there’s a bullet defect spring for the rifle magazine is exposed through the bottom of that magazine was more than one rifle magazine located in the outside area yes i believe there were two rifle magazines located outside and you had indicated that pistol had been located on the defendant uh yes i believe it was located uh by deputy blake buckmeyer in his uh right front pocket of the bands that you see um with the second yellow tent in the mid frame of the photo were those magazines taken into evidence they were and were they processed by you into evidence yes they were permission to move to the evidence table your honor mission granted i’m here have you reviewed these special agent carter i have handed you what have been marked as states exhibit 137 through 241. can you please identify for us what we are looking at in the clear plastic case is the uh the caltech pistol that was located on mr pendleton just on the bench here there is the magazine and the ammunition that was contained inside the pistol that was taken off of him and then the two rifle magazines are on top of the clear plastic case that were located outside of the apartment building were those magazines located or loaded yes they were do you recall how many bullets were in each of the magazines i believe it was 26 in each magazine you’re under permission to move those exhibits to the table she granted was the pistol loaded when it was taken into custody yes it was and the the bullets and the magazine that you had indicated mistakes exhibit 140 and 141 do they belong to the pistol they do after the exterior of the area had been processed where did you move next excuse me have you offered those into evidence all of these are offered your honor i’m moving to the next yeah we got 137 through 141 those are the photographs 38 through 139 what are these this would be exhibit 43 word one there so what’s your numbers before 43 was exhibit number 42. like we had five exhibits there and i’m i’m a little apologize confused by line of questioning are you referencing what exhibit was on the screen right what do you have on the table there first of all on the table is exhibit 137 through 141. and have you offered those into evidence yes your honor those would be the handgun and um mr modding here did you have any objection perhaps it would be helpful to have a witness individually identify each of those exhibits when we backtrack a little bit if you want to bring them up one at a time to your witness uh you’d start with 137. it would be 237 for 237 special agent carter i’m how do you know what’s been marked does states exhibit 237 can you tell me what that is please 237 237 yeah this is marked as the uh euro criminal investigations item number 15 and it’s one magazine which contained 26 live uh five four five five three nine rounds uh with a uh defect in the bottom of the magazine with the spring protruding i’m now handing you it’s been marcus states exhibit 237 can you identify that for us please yes this is the bureau criminal investigations item number 19a another rifle magazine containing 26 live uh 545 by 39 rounds um that’s it was the exhibit number on that judge so this would be 238 or 238 238 this new film i apologize your honor 238. so 237 and 238 agent carter this is exhibit 239 can you identify what this is for us please um that is the uh kel tec nine millimeter pistol an exhibit 240. um marked as the bci evidence item number three it’s ten nine millimeter rounds removed from the uh magazine of this pistol and exhibit 241 eci evidence items number two this is the magazine that contained these rounds inside that pistol so exhibits 140 and 141 were inside of the pistol marked or sorry 2 240 and 241 were inside of exhibit 239 that’s correct your honor have these been already accepted into evidence not yet any objection no no 237 through 241 are received you may want to take your other one there too mr moving back a little bit you had stated after you had completed outdoors you had then moved inside of the residence that’s correct i’m showing you what’s been marked estates exhibit 45 can you identify for us what we’re looking at in this photograph so this is a photograph of the third floor landing inside that apartment complex and in the hallway you can see the yellow tinted yellow evidence tense um a hallway um just again marking pieces of evidence the the kitchen bar stool is in the right corner there’s a small little welcome mat that had uh blood stains on it um here’s the base some um some rifling rounds or uh shell casings on the floor a little plastic a runner that that’s kind of pulled out from the uh from the residence and then um there’s some uh patrolman’s duty belt stuff close to the stairway there would this hallway then separate apartment 303 from 301 yes on the right hand side would be 303 and on the left hand side of this photograph would be 301 i’m showing you what’s been marked as states exhibit 46. can you tell me what we’re seeing in this photograph this is the doorway of apartment 303 with uh in this photograph um on the door you can see several bullet defects from rounds exiting the apartment and then also up on the wall and the mid to top right hand side and you can see there’s bullet defects on that wall as well was it was the door to apartment 303 taken into evidence it was and was it taken back to bci and entered into evidence it was i’m showing you now what’s been marked as states exhibit 47. can you identify what door that is so this is the door to apartment 301 straight across the hall from 303 just parallel to it and in this photograph um there’s an overall photograph uh indicating the bullet defects located on the door frame of the lower right hand wall where the hole is down there and then just overall on the door itself was door 301 taken into evidence as well yes it was and it was taken back to bci location in grand forks it was and taken into evidence yes your honor the state would offer what has been marked as states exhibit 242 which should be the door to 303 and states exhibit 240 which would be the door to 301 into evidence any objection from the defense oh yeah 242 and 243 being the doors will be received your honor it is um 10 30 and those doors will need to be moved from behind the table in order to publish would you like to do that during a break yes we could do that so mid morning we’ll take our recess folks so again just an advisement not to discuss the case perform any conclusions or do any searches and we’ll be back here and i’ll give you 20 minutes so uh 10 to 11. he’s any issues to discuss during the break here from the states not from the state your honor hence not at this point that will stand in recess until 10 minutes to stay satisfied our jurors are all seated yes your honor defense looks good to me judge thank you you may continue your examination mr felt thank you honor agent carter just to kind of back up a little bit before we went on break we’ve taken a firearm and then several magazines into evidence at this point in time and they’re all on that clerk’s table that’s correct all those um weapons or magazines those are all items that were located on the defendant located on that table that’s correct and and when they were located at the crime scene were they located outside and had either either been on the defender in his clothing yes the exterior of the uh apartment building and uh obtained either next to him when he was taken into custody and secured outside or in his clothing pockets now moving back to the interior of the building we had just talked about apartment doors 303 and 301 if we look at what’s been marked as states exhibit 242 uh can you point it out where that is to the jury would would it be on the the right hand side or the left so you said 242 242 which would be door 303. so 303 will be on the left side why did you seize that door as evidence it was decided by a case agent several other agents uh during the time um photographs are usually or can speak volumes but um in in this yard it was decided that uh just to kind of encapsulate the uh the effects on the door and just kind of to give an overview other than photographs um of how the doors looked um on that day how many bullet defects are indoor 303 um just from where i’m sitting right now i count your honor may the witness have permission to move in order to identify the bullet defects to the jury yes he may agent carter would you please identify those defects for the jury please yes thank you agent carter what’s been marked as states exhibits 243 would that be the front door to apartment 301 yes it would what is the damage that you observed on that door um on the door frame to the door and then the door itself agents located bullet defects entering into the door of 301 would you be able to identify for us how many bullet defects are in the door of 301 is it okay for me to get up yes right there are four effects indoor 301 you’re honored permission for agent carter to identify those four defects to the jury i identify you do that sir you want to move uh yes just make sure you speak loud enough so that our quarter can hear that when you observe the bullet defects to door 301 were you alarmed by the damage that you saw i was yes why did you find it alarming so the fact that we had exit holes or exit defects indoor 303 and that those projectiles in my opinion the projectiles that made the exit holes into door 303 are exiting out of 303 traveled through a solid core door and then into and through another solid corridor across the hallway in the apartment complex would you be concerned for any individual that would have been in apartment 301 yes for the for the occupant of 301 who was inside the apartment at the time why would you be concerned um people hear commotion they go to their door they start to look out their people he’s there at the wrong time um and as a result he catches a projectile that’s not meant for him but just inadvertently can get struck and injured so if i’m understanding correctly you would be concerned that one of the bullets or projectiles could have struck any occupant of apartment 301 based on the damage you saw in that door yes from standing in the hallway outside of 303 and 301 did you then begin to process inside of the door of 303 we did i’m showing you what’s been marked as states exhibit 49 would that be the entryway into apartment 303 this is this is the threshold into apartment 303 i’m showing you now what has been marked as states exhibit 51. when you first entered apartment 301 um and saw that hallway was there anything that stuck out to you the blood stains on the floor the numerous defects in the walls and the two by four bud on it laying out in the hallway why was it why did it stick out to you to see that 2×4 during my processing of the scene it didn’t appear any construction or home projects were being done in the residence and during service of several search warrants in the past we have observed people try to make improvised barricades using items such as two by fours to attempt to block or delay our entrance into residences or specific rooms was there anything specific about the 2×4 that you noticed that um if you pause um i would say that the dimension of the lumber uh the length of the of the other two by four um there was an another one found further into mr pendleton’s room that one put together braced against the door um then i believe there was a marking on the two by four stated this side up did you take the 2×4 into evidence the one in the hallway we did yes and was it brought back to the bci department and processed into evidence it was your honor the state would offer what has been marked as taste exhibit 244 into evidence that would be the 2×4 any objection mr moddinger ask a couple questions sure um photograph on the screen does that depict where that 2×4 was located at the time that we entered to process the scene that is where that 2×4 was located did you ever inquire how it came to be there no i did not um like i said during the uh during the initial parts of this before we came in to process the scene several items were moved strong about and thrown as a result things prior to when we got there to process the scene is that the only two by four that was taken into evidence yes it was it was the only 2×4 that was photographed i’m not sure about photographed i believe there’s another one photographed inside mr pendleton’s room but this was the only one in the entryway in between his room in the hallway there um that was seized at that time another 2×4 that your reference was found in the bedroom yes i don’t have anything else no objection exhibit 244 is received you’re on our permission to move the 2×4 over granted thank you you talked about when you entered you first saw uh why don’t you just give us a second here maybe we could put that up there you just want him to hold it or do you want to put it up we could put it beside the door if your honor would allow that sure you can set it up and lean it so it doesn’t catch big you may continue agent carter you spoke about blood and blood spatter you observed when you walked in where did you observe that blood splatter everywhere throughout the residence was there i’m showing you now states exhibit 2 or states exhibit 52. do you see in this photograph um blood splatter yes i do where would that be located so in this particular picture on the 2×4 itself um on the plastic carpet guard runner then the cardboard box parcel next to the [Music] entry into the kitchen area as well as the carpet at the top of the photo in between the two by four and the corner of the wall there and going back to state’s exhibit 51 in that hallway when you look to the left-hand side of the photograph there’s an entryway what is in that what does that entryway lead to that entryway leads into the kitchen of the residence and then on the other side of that entryway there appears to be a short wall where would that wall be located on which side on the left-hand side of the photo i’m sorry yes on the left-hand side of the photo after the kitchen doorway um so that short uh that short wall on the left-hand side just after the doorway into the kitchen is um a small retaining wall connected to the kitchen there is a counter there i believe the sink was located on that wall on that counter do you recall about the length of that retaining wall um approximately two and a half to three feet after that hallway was processed um can we now move to the kitchen what did you first observe when you got into the kitchen so inside the kitchen you noticed again blood spatter continuing into the kitchen uh the bullet defects on the wall uh leading into the kitchen uh on that short wall just past the dishwasher in the sink it was on that short wall um the glass for the oven had been blown out by around hitting the effectile hitting front of that oven as well and as we continued into [Music] the kitchen area itself saw items turned over saw more blood spatter on the floor there was blood spatter on the ceiling observed rifles and pistols on the countertop next to the sink there were spent shell casings and that was throughout that entire kitchen area yes so backing up and coming back to the entrance into the kitchen i’m showing you what’s been marked the states exhibit 57. is there a window in that photograph there is straight ahead there’s a sliding glass window and what would be on the other side of that window on the other side of that window would be open air and then further past that would be another building complex was there damage done to that back window there was there were there were several rounds shot through the window moving into the kitchen you had indicated there was broken glass um shell casings were all those shell casings marked with evidence tent markers yes they were and any bullet defects or bullet holes that were located where those marked with either tents or the evidence tape uh they were with scales to preserve the the size of the defect and uh and or an evidence marker to show excuse me your honor yes could we have the witness identify the exhibit number that he’s testifying about it’s ashley uh newfoundland there would you please identify with that this would be states exhibit 61 your honor do you recognize it as that you recognize that yes that’s satisfied mr moninger i think it would be helpful as we switch from the picture to picture if they could identify it by number she has been for the most part i think she skipped one there but when you went into the kitchen and you were identifying different pieces of evidence did anything in the kitchen stick out to you that wasn’t either a shell casing or related to ammunition or a firearm i yes i did locate a cell phone inside the kitchen do you recall if uh specifically what type of cell phone you located in the kitchen um it was a black and color zte cell phone did you take that into custody yes as you moved into the kitchen there was damage it indicated to um appliances as well as to the countertops was there damage to any movable furniture or anything in that regard yes there was there were bullet defects located on uh bar stools in the kitchen dining room area and then there was also a solid wood top table that had several projectile rounds and bullet defects in the face and on the standing pedestal of the table i’m now showing you what’s been marked with states exhibit 66 is that a photograph of the table you’re you’re referencing it is you had indicated earlier in speaking with mr moddinger that objects aren’t necessarily in the place they initially were when you arrive on scene why would that be um so again in in the chaos of what’s happening some stuff gets shuffled about officers find themselves trying to find shelter for themselves or cover so sometimes we find that furniture becomes overturned whether in a scuffle or in an order to aid themselves being injured or shot when you’re in the course of an investigation do you speak to the individuals that were present at the time the crime occurred yes we do were you then able to determine whether or not that table had been someplace else prior to arriving to the scene yes we were where had that table initially been placed so that table had been placed upright in that in that kitchen dining it’s a kitchen slash dining room area but it had been placed upright um inside that area prior to officers arriving at the apartment to assist the sheriff’s deputies when you say upright what do you mean by upright in its natural form sitting down on the pedestal as the table is normally found in the course of your investigation and speaking with different individuals present during the the officer-involved shooting was that table ever moved from its original upright position into a different position it was by officer cody holty it was turned over on its side um to aid in um giving cover for himself and another officer on scene where was that table positioned in the kitchen so in the narrow part of the kitchen uh walking through the doorway um it was positioned uh in between uh next to like where the fridge is and the end of that countertop where you walk into the dining room area it was placed in kind of right in the middle of there to offer the cover after the second volley of gunfire took place and additional officers arrived on scene to provide help to um deputy mclean or sergeant mclean deputy nord corporal truck and officer hulsey was that table subsequently moved again uh it was it was pushed out of the way from um from where it’s from where it was turned over in order to uh your aid to those officers and to officer holthy so when the fire second volley of fire gunfire took place that table of him understanding correctly was uh in between the open space between the ends of the cupboards approximately that’s correct yes was there damage done to that table extensive damage done to the table yes what damage did you observe to the table numerous projectile rounds and defects in the face of the table where it would have been facing the uh the entrance to the kitchen um and then also through the table and into the uh the pedestal of the legs of the table are you aware when officers were taking cover behind that table whether the legs of the pedestal would have been beside the officers or if the table would have been positioned the other way with the legs away from the officers from from the interviews that we conducted i believe the face of the face of the table was pointing towards into the kitchen from the dining room area so they were then be hiding behind the table did you take or was the table taken in as evidence yes it was was it processed into evidence um through an inventory sheet yes your honor the state would offer what’s been marked as states exhibit uh 254 and 256 250 or 245 i’m sorry and 246 245 being the table itself 246 being the pedestal of the table mr moddinger objection received before you ask questions you may want to ask once he sees it to verify that that’s the table i think that’s what mr moddinger was contemplating there yes jonah yep special agent carter do you recognize space exhibit 45 or 245 and 246 i do those two pieces originally together as one piece yes they were and was that the table that was seized from apartment 303 it is are you able to identify for us approximately how many bullet defects you see on the front of that table 14 will it defects on the face of that table your honor may i have permission for agent carter to point out the bullet defects yes he could and maybe maybe we could move that up against the words up there at least then everybody can see it from that angle you okay uh special agent carter was there also damage to the pedestal of the table there was and was the damage on what was the damage located on the pedestal uh so bullet defects protruding from the face of the table into and through the pedestal so when it was together as as one piece there were defects that originated in the top of the table and then continued through the pedestal leg that’s correct yes your honor at some point during the presentation the state intends on requesting that the jury be given permission to move about and look at the items it’s the state’s understanding that these bigger items are not going to be sent back with the jury during deliberations so the state would like an opportunity for the jury to look at them closer up i i think that we might be able to set them up because we could put them into that second office that i’ve opened up for the jurors where our staff attorney was in we might be able to set them up along the walls so that they’re able to see them in there would you be giving the jury permission to move out at all to inspect them or would it be your preference not to uh as they sit today they can certainly look at them now if you want to take them but we’d have to take them one row at a time any objection from the defense why don’t we just start then uh ev if we take the back row first they can look at it and then come down a little farther and then walk back and when they’re all seated again then the second will do that if they wish and is that pedestal down here somewhere why don’t we set that up on top that we have room for it traffic [Music] and after you’re done viewing if you just want to step down so that’ll allow the other ones to come in and then we’ll just reverse and go back the other way and if there is anybody in the second row who would like to go and examine you can certainly do that foreign and if anybody in the front row wants to go up and take a closer look they can do that it looks like everybody’s satisfied you can move on then mr phelps thank you your honor special agent carter i’m showing you now what’s been marked the state’s exhibit number 70. uh what do you observe in this photograph um in this photograph it’s centered on the window with the bullet defects showing a more clear image scales of those exiting bullet effects in the window along with the other evidence markers and the defects in the wall i’m sure you know what’s been marked the state’s exhibit 71 would this be a close-up of that same window yes agent carter do you recall approximately how many bullet defects were located either in the window or close to the window i believe approximately 15 14. the layout of um i’m showing you now it’s been marked as states exhibit 76. there’s a divider on one portion of the photograph there’s linoleum on the other side of the photograph there’s carpet what would be on the linoleum what area would that be so the area depicting in here is the entrance into dining room portion of the kitchen would have been uh where officers would have in the top part of that photo where those where you can see those feet um that’s where the i’m sorry i’m 175. um sorry on this is uh is the blood stain from where uh officer holty would have received medical care after the incident there is a ted mark tent marker identified as 36. what is that piece of evidence that is a issued magazine from the grand forks police department that came from officer holte from his duty belt were there additional firearms when you searched the kitchen that were located there were what were those firearms there was a there was a rifle that was deputy like buckmeyer’s it was uh it was placed on the counter after he made entry into the apartment to render aid to officer holte um he had placed it on the floor i believe um it was then picked up and cleared uh by another officer that was initially on scene and placed on the countertop while debbie bogmeyer was rendering aid and then there was also a grand forks police department issued a firearm counter as well that belonged to officer holte so the two firearms that were located in the kitchen those were id those were able to be identified as belonging to different law enforcement officers they were the magazine that you took into evidence that belonged to officer hoelty was that a standard standard magazine or had it been modified in any fashion it was just an extended magazine you can purchase them so just to give you again more ammunition in your firearm i’m now showing you what’s been marked as states exhibit 79 on the upper portion of the photograph we’re now seeing carpet what area of the home would that carpet be uh this is the uh the threshold that leads into the living room area from that dining room kitchen area in your conversations or interviews bci conducted with the law enforcement officers who were present during the first and second volley of gunfire were at any point officers located into that living room area yes they were that living room area is there anything other than the carpet and the linoleum that would divide the kitchen and the living room uh there is um again there’s another smaller uh smaller wall in between where the counter ends in the kitchen and then the wall for the hallway that leads from the living room down to where the bedrooms the bathroom of the residents are back by that window where the bullet defects were located that was in the kitchen area yes is there anything blocking access between that kitchen area and the living room area no it’s it’s just an open uh an open wall way to lead you right into the living room so like an open concept it’s living room dining room one area but carpet linoleum kind of differentiates the two yes so officers are able to easily move between the kitchen and the living room area as easily as one could yes and that was showing you what’s been marked as states exhibit number 80. in the upper left-hand corner um we see a little bit of a wall and then there’s some wood what would that wood area be uh the wood just to the right of the uh the wall yes uh so that would be the end of the cabinetry in the in the kitchen was there anything at the end of that cabinetry that stuck out to you damage wise uh just bullet defects um a directional from from the entrance into the kitchen from the door of the kitchen down into that exterior wall i’m now showing you what’s been marked estates exhibit 83. can you identify for us what we see in this photograph so this is a photograph of um the the exterior wall living room um and there’s blood stains on the floor there’s a pool table centered inset into that living room area and then again there’s shell casings on the floor marked by the the tents on the floor and then bullet defects right on the wall just below the air conditioning unit on the pool table there appears to be a firearm were you able to determine what firearm that was uh we were it was uh officer corporal pat torock’s issued rifle from the grand forks police department so that uh weapon was also identified as belonging to law enforcement yes it was i’m now showing you what’s been marked as states exhibit 84. bullet defects um located going into that living room area along the wall uh yes they were can you observe where they would be in this photograph so the bullet defects just below the air conditioning unit and also um string to the uh to the lower left just to where the window is um officer uh torak would have been are the bullet defects uh marked with the measured uh blue marking tape with the scales yes they are so where we see the blue scale on the wall that would be associated with a bullet defect uh yes it would and you had indicated that that’s where corporal torak would have been during the second volley yes that’s correct would sergeant mclean have been by turk in that area as well uh he would have been between the entry into the dining room area and the table approximately in that area approximately where the linoleum and the carpet meet that’s correct i’m now showing you what’s been marked as states exhibit 87. we had already spoken about officer torok’s firearm being located on the pool table but as we go further into the living room was there additional evidence that was observed in the living room reading area of the defendant’s living room there was what is it that you observed as you worked deeper into the living room so going into the living room there was a chair set up with a it’s a reading table or a little tray i don’t explain it but there was a there was a law dictionary open on there and then just beside the table they observed drugs and drug paraphernalia i’m showing you now what’s been marked as states exhibit 84 or 88. where in this photograph did you observe the drug paraphernalia so on this box beside them outplay box um located by tent number 84 the crown royal bag did you proceed to empty out the crown royal bag we did yes what was located inside of the crown royal bag inside the crown royal bag were um there were several baggies containing marijuana through my training and experience appeared to be packaged and repackaged um why is being packaged and repackaged important to you it’s indicative to me again in my training of experience of somebody that’s selling and distributing to have numerous baggies containing the the same item just again in smaller quantities larger quantities and that with a digital scale that was also located in the crown royal bag which was covered in marijuana residue which showed extensive use [Music] that led me to believe that distribution or sale was going on inside the residence or from the residence you’re honored permission to approach the witness granted i’m going to be showing the witness your honor states exhibit 247 which is a crown royal bag 248 through 252 which would be different packages of marijuana and 253 which is a digital scale granted uh yes officer carter i’ve handed you one of what has been marked as states exhibit 247 all the way through to 253 are those the items located inside of the crown royal bag uh the crown royal bag and the items that were located inside the crown room i guess those are the items that were seized um on may 27th and taken into evidence that’s correct your honor the state would offer what has been marked as states exhibit 247 through 253 into evidence mr moddinger any questions no 250 247 the bag 248 to 252 the packages and 253 the scale are received permission to publish your honor empty agent carter could you please show the jury exhibit 247 which would be the crown royal bag and was that the bag that contained the marijuana and the scale it was approximately how many bags you can put a downstairs personally how many bags of marijuana were located um approximately three bags containing marijuana and then one glass vial container small amount would you be able to show the jury each of the bags of marijuana please sure and there were two bags also in there that just contained marijuana residue so the water uh which showed me that there was marijuana inside the bags and they were transferred from those bags to other bags or used um but this is one of the bags containing the uh marijuana that was found in the crown royal bag here’s another snack size bag plastic baggie containing from the marijuana that was located inside the chronometer bag this is a smaller brand baggie um or my training experience is something that we see commonly with sale and distribution smaller amounts cornered up and bagged and sold as such and then this is the small glass valve containing the remnants or the marijuana that was located inside here agent carter was all of the marijuana packaged the same typically yes in plastic baggies was it all the same amount of marijuana no was that something that stuck out to you yes why would that be so for personal use when i commonly run across people that are just users of marijuana they will keep their marijuana in stash or one bag one spot there’s no need to have them in several distinct individual bags even if they receive them as such most times those go into bigger bags collected all in the same and you had indicated that one of the packages was then tied up in a dime style uh a gram style bag lifestyle yeah it would be a ten dollars worth five dollars worth depending on the amount uh strain type of marijuana typically something for individual sale at this point in time based on what you observed inside the crown royal bag did you have any suspicions regarding marijuana and that residence i believe the use of marijuana was going on in the residence and that also i believe that there was possibly uh sale and distribution of marijuana you had also indicated that in the reading area um you observed a or agents observed a black slaughter dictionary that’s correct we’re still on states exhibit 88 do you observe that dictionary in this photograph i am towards the top right corner are you referencing this area here when you looked at that black law’s dictionary was there anything that allowed you or caused you concern um when when i observed the uh dictionary i observed several tab pages and then on closer inspection we observed that the book had been opened to two specific pages i’m now showing you what’s beneath the states exhibit 89. is this a close-up of that black law’s dictionary it is specifically uh what portions of the page that the dictionaries open up to cause you concern um the page referenced on the right-hand side for um homicide and different different law definitions for homicide all the way through to the bottom of the page to justifiable homicide given the events that had transpired transpired thus far that day did reading a section on justifiable homicide um cause you to draw me conclusions or train of thought as to what you were looking at objection speculation response your honor he’s investigating a crime scene and has come across um a section of a book open to a page on justifiable homicide i can rephrase to say did that cause you to then take a different route in your investigation however he is conducting an investigation when officers conduct an investigation they need to interpret evidence as it comes in in order to adjust or to continue their investigation any further comment mr moninger going to overrule the objection he can he can testify as to what his thoughts are not somebody else’s when you read the bottom right hand page of justifiable homicide um what would you begin to think or what were your thoughts um it was my belief on the observation of uh of the pages open to this book that somebody was was researching um their options on on what they could do and what the what the law would have been for different types of homicide um as almost as if they were preparing or trying to ready themselves and that was in that reading area of the living room yes it was you had just stated prepare um and ready themselves for what my belief from the observation of these pages for to prepare for an event where maybe an ambush would have taken place an ambush by the by the person preparing uh yes by the person that’s that’s reading the pages of this book doing the research yes after you finished with the um living room we were then able to proceed um down the hallway examine the living room we did i’m now showing you what’s been marked as states exhibit 93 and looking at this photo if you’re standing in the apartment looking forward where would you be standing um so right here i’m standing at the break of the uh in between the kitchen dining room area and the living room and i’m looking uh what i believe is south uh further into the apartment where the bedrooms of mr pendleton his mother uh the bathroom and then a laundry room are located if i’m looking straight down the hallway what is located at the end of that hallway at the end of that hallway uh is the bathroom leads into the bathroom and on the floor in that hallway is this is more a deceased to the left of the hallway um there appears to be two doors where were those or what would those doors lead into the the first door on the left-hand side is a doorway where grand forks sheriff’s office deputies first encountered mr pendleton running into they entered the apartment the second door on the left closer to the bathroom would be mrs moore’s uh bedroom where again deputies had encountered her coming out from were you able to then determine which bedroom was ms moore’s bedroom yes which one would that have been it’s the one closest to the bathroom the second door on the left uh further down the hallway and that door and bedroom where the sheriff’s office had initially encountered the defendant were you able to identify whose room that belonged to yes it was mr pendleton’s to get to the bedrooms you would then proceed down the hallway uh that’s correct i’m showing you now what’s been marked estates exhibit 96. uh we see the entrance to two bedrooms in this photograph and one contains a a weapon which of the bedrooms contains that weapon that would be mr pendleton’s bedroom are you aware uh where the defendant was finally um taken into custody after he was injured i believe it was within um this area of the hallway um right next to where this bifold door is um this entryway into the apartment leading into his his room i’m now showing you what’s been marked as states exhibit 97. what is that the entrance to mr pendleton’s bedroom what is it that officers observed when they first walk into that bedroom the first thing you’ll observe is an ak-74 assault style rifle containing a magazine loaded into it um and it it also uh contained uh and the sling for the rifle was there a magazine in the rifle yes there was was that mega or did that magazine contain any more ammunition uh no the uh the magazine located inside the rifle was was found to have been ran dry or empty was that ak-74 seized and taken as evidence yes it was was it taken back to the bci agency and taken into evidence it was your honor the state would offer what has been marked as exhibit 237 it would be the ak-74 and one empty magazine into evidence have you seen that yeah any objection as long as he can identify it show it to him first before we enter it would you prefer it brought to the witness genre would you prefer the witness to go to it i think i’d like to have someone bring it to him officer carter do you recognize um states exhibit 237 i do what is it uh that is the ak-74 assault style rifle and empty magazine which was located uh inside the rifle in the floor entry into mr pendleton’s room and it was taken into evidence it was under the state would offer it into evidence any objection 237 is received thank you your honor permission to publish it to the jury they can hold it up and for a few seconds here and we’ll let them see it then we’re going to get ready for our noon break if you’d like to move this way also gentlemen and let’s put that back on the table then thank you i’ll let you ask a couple more questions and we’ll prepare for the noon hour i i have a couple more and then it would be a good spot to birthday in your honor agent carter the rifle magazines that were located on the exterior of apartment 2627 um that contained the 26 rounds would those magazines be compatible with that ak-74 yes they would be and the ones that were located outside uh contained live ammunition they did approximately 26 rounds each in the magazine in the rifle itself was empty it was your honor perhaps we should break here i know members of the jury will take our noon hour recess you get sick and tired if you haven’t already out here in utah um then the single or the full point sling which again see the blood stains slinging on the bottom of the rifle is there a rifle magazine in the rifle at this point in time at this point in time there is not i’m showing you on states exhibit 101 uh this open area in the middle of the photograph is that where the magazine would have been inserted that’s correct i’m now showing you what has been marathon state’s exhibit 104. what are we looking at in this photograph in this photograph where we’re looking at a bandage straight into mr pendleton’s bedroom inside here you can see that um there are uh items that are tinted on the bed beside the bed on the floor um and you can get a clear view of the safe that’s directly in front of you also below the safe door that’s that’s swung open you can see the second two by four fringed earlier i’m now showing you what’s been marked as states exhibit 105. what would be the vantage point or where would you be standing um in this photograph so you’d be standing uh directly in the corner of the foot of the bed looking outward and this would be the approximate um this would be the approximate vantage point of where mr mr pendleton was when uh door had been opened by the sheriff’s deputies when he had raised the the rifle at them from this vantage point are you able to see the front door of apartment 303 you are we’re slightly over with taking this photograph um because in this frame the person taking the photograph wanted to not only get the vantage point of uh mr pendleton’s doorway being directly paralleled with the door that leads you to outside they also wanted to get the defects in the wall that that chair in the room i’m now showing you what’s been marked the state’s exhibit 106. what portion of the defendant’s bedroom are we looking at you’re looking at the upper left section of the closet mr pendleton’s bedroom is this a closer up view of that closet yes it is and that states exhibit 107. i’m showing you now can you tell us the vantage point of the viewpoint of states exhibit 108. this is again directly um into the doorway [Music] just just before you get uh to the tv break of the wall in the room the closets on your left right there um this is just a picture of again centered in the pictures approximately where mr pendleton was standing sheriff’s deputies encountered him and when you said the corner of the bed are you referencing this front corner yes at the bottom of the corner of that bed there are exhibit markers for 55 and 56. are you able to identify what those are in this photograph i am what are they uh these are manufacturer ammo boxes for um five four five by three nine um ammo rounds for the for the rifle did you notice anything of significance while you were marking those pieces of evidence the boxes were kind of just thrown on the floor and inside the boxes the manufacturer puts a small plastic clip style device that holds the 20 rounds per box inside and those were also empty and laying on the floor were you able to verify what weapon that was used in uh yes it was the ak74 so understanding correctly there were empty ammunition boxes at the corner of the bed uh where the defendant would have been standing during that initial contact when the sheriff’s office entered the bedroom or kicked the bedroom door that’s correct i’m now showing you what’s been marked as states exhibit 113. what are we looking at in this photograph this is a closer photo of mr pendleton’s bed in his bedroom in addition to the empty ammunition boxes were when officers searched the defendant’s bedroom was a empty magazine also located yes on the bed uh next to tent number 72 there is a plastic bag which contains an empty rifle magazine for the ak-74 and directly above that intent number 57 is a it’s a holster for a pistol similar to the caltech nine millimeter that empty magazine that was located on the defendant’s bed would that have been able to been utilized with the ak-74 yes and that empty magazine was located in that same corner area where the defendant initially started firing yes that’s correct permission to approach your honor your honor i will be handing a special agent carter states exhibit 255 and 257 which are ammunition boxes as well as 256 which is an empty magazine as well as 258 which is um bullet holder um agent carter i’ve handed you what have been marked the state’s exhibits 2 55 through 258 do you recognize them yes i do what are they these are the items depicted in the previous photos that we just went through were they seized during the execution of the search warrant from the defendant’s bedroom they were and then entered into evidence that’s correct your honor the state would offer what is the mark the state’s exhibit 255 through 258 into evidence would you uh officer just identify them by exhibit number each one i’ll start in the order that the state has enlisted as exhibits 255 is a a full manufacturing box of bar and all folk cartridges they’re five four five by three nine uh full metal jacket boat tail there’s 20 cartridges or 20 um 20 rounds located in this box let’s see the state’s exhibit 256 will be the 30 round magazine for the 545 by 39 in the plastic baggie is located on the bed it’s empty meter rounds um there were shotgun rounds also in there um and we also found uh safe and then there was also u.s currency though as well showing you now what’s been marked as states exhibit 124. in that photograph do you see the firearm i do when you say you located marijuana in the lower portion what area of the lower portion of the safe are you referencing the right or the left side uh the bottom right corner uh inside the safe where that white bag is would that be approximately where evidence number 89 is located approximately yes i’m showing you now what’s been marked as states exhibit 125 behind the box with the 89 tent on it what do we see um underneath the the 89 tent you see um a case of barnal five five four five five by three nine ammunition um and directly behind that you see a plastic freestyle bag i’m now showing you what’s been marked the state’s exhibit 126. what do we see in this photograph you see the contents of that white grocery bag which is a large plastic bag containing several plastic bags containing marijuana when you located this additional marijuana what conclusions did you start to draw so the again the multiple baggies of marijuana located in a safe for safekeeping along with um good amount of u.s currency just further confirmed my suspicion of earlier that there was being marijuana solar distributed from the residence did you take that marijuana sees it as evidence we did and was it entered into evidence at bci it was your honor if i may approach the agent i’m going to be showing him states exhibit 261 through 268. eiu yes and it would be the marijuana from the safety thank you um agent carter do you recognize those exhibits i do what do you recognize them as the items from safe and mr pendleton’s bedroom starting with exhibit 261 could you please identify each exhibit and what it contains so 261 is multiple large plastic bags and a vacuum seal bag which again is something that we generally through my training and experience something that will see a larger amount of marijuana delivered in reduced in to uh to then have for sale in bulk amounts and then from there um that package is broke down into smaller quantities so this is just the packaging materials and then the white grocery style bag that contain these items um 262 is a appears to be a quart sized bag containing marijuana that was located in that larger bag 263 is another cork style bag plastic baggie containing marijuana from the larger bag 264 is another quart sized bag containing amount of marijuana from the larger bag 265 is uh it appears to be a of marijuana from the larger bags look safe 266 um marijuana that was located in the safe along with the uh along with the larger bags in the other bags containing marijuana this is a plastic bag within a plastic bag um contains marijuana from the larger bags from the safe and the number of that one oh i’m sorry that is 267 and 268 um there’s another sandwich bag containing archer bag from the safe in mr pendleton’s asian carter are those the marijuana evidence and plastic bags that were seized from the defendant safe on may 27th they are your honor the state would offer one of the marta state’s exhibit 261 through 26 8 into evidence any objection from the defense received 261-268 agent carter with that marijuana you had indicated that there was uh currency u.s currency that was located do you recall how much currency was located i believe it was approximately 1 000 thirty one dollars located in the top portion of the safe um and then during a search of the uh of the safe there was an additional uh hundred dollar bill that was located in a lock box um in there it wasn’t counted as a part of that that was in the top of the safe but just for the us currency that was in and of itself in the top of that safe it was approximately 1031 at this point in time between the marijuana and the scale located in that little reading area and locating this marijuana in the safe what conclusion did you draw the conclusion that i drew from that was that with the amount of marijuana that was located uh not only in the bedroom but uh in the living room reading area um uh that in combination with the scale that was heavily caked in marijuana residue again it was my it’s my strong belief that marijuana was being sold and distributed from the residence by mr pendleton agent carter earlier when we talked about the kitchen you referenced a zte cell phone that was seized and taken into custody is that correct that’s correct your honor may i approach yes [Music] agent carter i’m handing you what’s been marked the state’s exhibit 260. can you please identify it for us um this is the black and color zte cell phone that was located in the uh kitchen area of the apartment on that day and you seized it uh yes and it was taken into evidence was your honor the state would mar would say would offer what has been marked as exhibit 260 into evidence mr modenger any objection what was that number again 60 16 no objection received agent carter you had indicated in your earlier testimony that you were trained to use cell bright what is that so self right is a proprietary software um that law enforcement uses um and what it does is it makes a bit by bit copy of the contents of a cell phone it has the ability to withdraw information from a phone such as your contacts your call logs your text messages your notes addresses that you may visit the photos or videos that are contained on that device as long as that device is listed inside the software upsell right that it has the it has the availability to make a copy of that data and then you should be able to access that phone and retrieve that information based on your suspicions of marijuana sale and distribution did you do anything with that cell phone i did um i was asked to perform a we call as a subreddit extraction of the device to extract the contents and make a copy basically of the contents of the poem and did you do that i did did you find anything that confirmed your suspicions of the sale of marijuana on that phone i did myself and uh or during the um during the examination of the contents of the cell phone i had observed um few text message chains with individual recipients and the phone’s owner which is listed as pendleton in the phone and some of those messages again further confirmed my my suspicion that for a time marijuana was being sold and distributed from the residence by mr pendleton and i’m sorry if you’ve already answered this question but were you able to identify who the owner of that cell phone was i was that owner mr pendleton runner may i approach the witness with states exhibit 164-167 granted agent carter i handed you what have been marked the state’s exhibit 164 165 166 and 167. can you please identify them for us um so these are the uh these are the extraction reports generated by me um through the um through the extraction from the phone um what it is is these are the individual messages that were identified the chat strings that were identified by me that contained information that i thought was relevant to the uh to the cell of marijuana are they sharing accurate copies of the cell phone communications in that cell phone they are your honor the state would offer what have been martha state’s exhibit 164 through 167 into evidence monitor any questions no not at this time any objections 164 through 167 are received your honor i have copies of the messages for the jury for their binders would i be able to hand them out surely sure what’s up um um okay me [Music] thank you your honor agent carter how do you read an extraction report for text messages um so for these extractions that we have today the extractions are going to go with the oldest message on the last page and they’re going to go in ascending order to the newest message being on the first page each message or each report has several columns uh and at the top you can see in what order those messages are extracted by stillbrite uh the folder which they’re extracted from the parties that are relevant to this uh particular conversation the timestamps of according to the device uh when these were sent and received the status whether they’re rent uh red unsent um sent uh and then the message itself there’s a last column for deleted um which i failed to mention before but uh on certain devices cell bright has the ability to recover deleted information in certain parts of the phone where sometimes if you feel like you may delete a message or a photo it may be gone from the device but it’s not exactly gone from the memory located on the phone in some of those cases subreddit has the ability to recover some of that deleted data agent carter i want to direct your attention to states exhibit 164 the third page column number 29. could you tell us um what that text message said so column 29 on the third page uh shows a message from uh veto lineal is who’s listed as the contact in the phone it shows to be an incoming message into the pendleton phone uh and the message reads sup how much for 60. and then the next message sent approximately 10 seconds later um in column number 28 can you identify what that text message said um it’s it’s another message from the same contact uh in the chain it’s an incoming message into the device he’s just clarifying he 160 i meant is what the text reads in your training and experience in working with the narcotics task force and in narcotics investigation sup how much for 60 i mean 160 what does that mean to you to me it means it’s somebody that’s asking what can i get for 60 or this case when he re-corrects himself what can i get for 160 um what type of drugs he can get for the quantity of drugs he can get for 160. was there a response to this veto the neo sent from the pendleton phone well there was and what column number would that be that would be column number 27. what does that text message say it’s to the veto uh lineal um and that message says a quarter plus 1 8 fat dime best can do question mark in your training experience what does that mean uh those are those are measurements consistent with the sale of narcotics whether depending again on the the strain the type of marijuana that’s for sale or just the market demand that comes with how much somebody’s willing to pay for marijuana that could mean a quarter ounce plus an eighth of an ounce and a fat dime my training experience is just a big gram of marijuana [Music] column number 26 is that an outgoing or an incoming text message uh it’s an incoming message who is that from the same person in the chat stream of vital o’neill what does that text message say how many grams is that and then is there a response from the pendleton phone there is what is that response do the math and then is there what does that mean to you see how many grams plus to do the math uh so he’s inquiring how many grams is that all together he’s asking the incoming message into the pendleton phone to uh to clarify he can’t understand what he’s saying by quarter plus the eighth and the fat dime he wants to know for 160. any grams is that total um that’s more of a consistent way of somebody trying to gauge what their what the relative worth of that marijuana is for the price that they’re going to pay for it so at this point in time this text message an individual is contacting the defendant’s phone inquiring what they can get for 160 dollars and the response from the defendant’s phone is a fourth plus an eighth a fat dime based on your training and experience um what narcotic would that be consistent with in my training experience this dialogue that’s going on this particular one is consistent with marijuana how is marijuana typically sold marijuana is typically sold in it’s sold in grams in the lower quantities and then when packaged together um for for more bulk orders that’s when people start talking about quarter ounces half ounces 1 8 of an ounce um typically when somebody puts it on a scale they can break down for people that are heavy users or sellers they can break down the quarter ounce how many grams that is out of the 28.6 grams that make up an ounce based on on that text message do they confirm your suspicions of marijuana sales this chat stream further confirmed for what i had found during the processing of the residence i now want to direct your attention to the conversations contained in states exhibit 165. if we go to the last page beginning at column number 74. can you please um tell us what if that’s an incoming outgoing call or text message and what the content of that message messages it’s an incoming message from a 701 area code number um and it’s just the message states you home is there a response to that text message from the defendant’s phone there is what does it say and your training and experience does pull up mean something well up in my training and experience in reading these types of messages is yeah come to my house [Music] turning to the next page column number 60. is that an incoming or outgoing text message it’s an incoming message what does that text message say what could you give me for five dollars is there a response from the defendant’s phone there is what is that response uh there’s two responses to this question one is uh appears to be a joking sponse uh it says a knuckle sandwich lol and what column number would that be it’s column number 58 and was there a second response there was column number 57 um an outgoing message from the device that just reads come see me do best i can is there a response back from the 701 area code number there is column 56 an incoming message to the device just states okay i will directing your attention to the next page column number 44. is there a [Music] new text message on communication involving the defendant’s phone there is what does is that an incoming or outgoing text message see item 44 line item 44 is an incoming message and what does it state yo i need a 30. is there a response for that there is what is that response okay pull up based on your training experience what is the meaning in that conversation uh somebody’s inquiring uh again that uh that they need a thirty dollars worth of marijuana and the response to that is okay pull up to my house going to item number 35 would that be an incoming or outgoing text message it’s a incoming message what is the content of that message the message reads as i was gonna see if you would help me or sorry i was gonna see if you would please do a 3.0 for 40 for me i’m in so much pain and just want to get faded and try to sleep i couldn’t last night does that mean to you as an investigator again this person is asking um can you do me for the three point can you do me three grams for 40 and i want to get faded is a slang term or a slang usage of the term for i want to get high is there a response from the defendant’s phone to that request there is and what is that response uh line item 32 in this chat string just states pull up and you had indicated that means something along the lines of come over come to me yes the conversations that you’re seeing in that those text messages between the defendant and the 701 213 9809 phone number what conclusions did you draw in reviewing those text messages again it continued to confirm my suspicion now i have multiple chat strings within the same device which in my training experience are related to the to the sound distribution from marijuana of marijuana from the residents directing your attention to exhibit number 166 line number nine can you identify if that’s an incoming or outgoing text message it’s an incoming message and what does that message state what up bro can i pull up is there a response from the defendant’s phone there is what is that response the response sent was no was there a response again um from the phone number was there an incoming text message uh there is and what was the content of that text message oh well what time you free need a half and what does that say to you and your training experience as a narcotics investigator again that that message in and of itself is uh it’s asking for a a quantity of marijuana i can’t be as specific as to whether it’s a half a gram a half an ounce a half of a quarter um but in in my view the free need a half would be usually a half an ounce nobody would ask for a half a quarter or a half a is there a response from the defendant’s phone there is what is that response ain’t got it like that bro just a smoker what does that mean to you in this context um you could he could just be trying to keep somebody from coming to the residence like he doesn’t have that amount stored at the residence for sale which again with my training and experience some dealers try to keep people that are um i guess um that are trying to get larger amounts from coming to the residence in an attempt to meet them out some dealers won’t let certain people come to their residence in a fear that they may you know get robbed or just don’t want to deal with that particular person at their house so is in your training experience is that a common way to get rid of someone you might not want to deal with run a conversation with someone you might not want to deal with it is directing your attention now to states exhibit 167. starting with number 15 could you tell us whether or not that’s an incoming or outgoing text message it’s uh it’s an incoming message and what is the content of that text message what’s up bro is that followed by another incoming text message uh it is line item 14. the message states trying to get that wake and bake and then there’s four h’s after that in your training experience uh what does wake and bake mean my training and experience wake and bake means as soon as they wake up they’re ready to get high on marijuana is there a response from the defendant’s phone there is what is that response pull up in the text message conversation between this individual and the defendant’s phone is there then on outline number 12 a text message going from the defendant’s phone to this individual there is what does that text message say what does that mean to you and your training and experience rymog is a is a strain of marijuana and it’s also been synthesized into uh like vaping oils as well um i predominantly know it to be just a strain of flower bud of marijuana so in this text message he’s asking the recipient hamsa uh to google emoji and just let him know when he’s awake is there a response from the hamsa contact there is what is that response just not today i’m gonna call you when i’m uh come through tomorrow or friday what does that mean to you um i mean he’s just saying that he’s not ready but he will get up with him when he gets whether he gets the money uh for what he’s looking for or whenever he comes through town uh to meet up with him at the at the residence to get whatever marijuana he’s attempting to purchase is that text message followed by another incoming text message from that contact that would be line number nine uh it is what is the content of that text message um the bottom of this page is cut off for me but line item nine states just pay what you owe keep your weed what does that mean to you uh that there was a debt that needed to be settled uh and in lieu of mr pendleton and weed uh seems like uh amsa in this chat dialogue wanted the money that was owed to him but he didn’t want payment in marijuana the conversation continues on in line numbers eight seven six and five are those text messages incoming or outgoing text messages they’re all incoming messages what is the content of those text messages again it’s um it’s trying to uh trying to get through to a pendleton device just saying i’m just trying to clear my debt um talking about the dope that’s owed just want to clear the debt is there eventually a response from the pendleton phone there is and what line number is that appears to be line item number four what is that response the response states say less peace in the contents uh or the context of this text message what does that mean to you um you know just just be easy it’s all good um that though it seems to me just for the context of this chat uh this chat log that they’ll get it figured out does the phrase say less mean anything to you uh yeah you know don’t talk about anymore you know there’s no need to discuss it anymore in your training and experience as a narcotics investigator do individuals that engage in the sales narcotics ever not want to specifically or um clearly talk about the sales of their products on their cell phones it is typical um and it’s common that um at one time where one person may feel uh comfortable with engaging in those kind of conversations on the phone that there are times where abruptly those where they’re so freely talking about drugs and the sale of drugs that those conversations as time goes on they start to dry up and they use codes or they just stop talking about it all together in chat strings it’s very common after reviewing the text messages which show the sale of marijuana the distribution of marijuana from that pendleton phone in addition to the marijuana that was located in the safe the marijuana and the different packaging that was located in the reading area the digital scale as well as the currency what conclusion did you draw at uh that the sale and distribution of marijuana was happening from the residence by mr pendleton that money that was located did it stick out to you at all the money in the safe yes uh yes um in my training experience it was my belief that that money that was contained in the safe also located with the larger amount of marijuana in mr pendleton’s bedroom was um it was a list of proceeds from the sound distribution of marijuana agent carter i’m now showing you what’s been marked as states exhibit 129 can you identify for us what that is uh during the search of that of mr pendleton’s bedroom the log box was located by agents that were conducting the search of that bedroom and if i’m understanding your earlier testimony correctly an additional hundred dollars was located in that lock box there was there was a there was one 100 bill located in the lock box um during the search of that bedroom and of the lock box that wasn’t um at the time co-mingled with the money left open in the safe where the marijuana was located i’m now showing you what has been marked estates exhibit 131 can you identify for us what we’re seeing that is the u.s currency that was located in the top of the state along with the large amount of marijuana in mr pendleton’s bedroom and if i’m understanding your earlier testimony correctly it amounted one thousand and thirty one dollars that’s correct as you are looking at this photograph is there anything significant about the denominations of the currency uh just common uh the the types of uh denominations of currency the way that they were stacked um and placed in the safe is common with um in in conjunction with the text messages and the marijuana that was located they were just common denominations with what we see with transactions of marijuana thank you in leaving the defendant’s bedroom immediately to the left what would we or what room would we locate uh miss moore’s bedroom i’m showing you now what’s been marked estates exhibit 132. what do we see in this photograph so inside this photograph you’re you have a straight on view of miss moore’s bedroom and to the left is the door to her bedroom um and inside the door um and beside the door in the top left corner up there you can see our investigation units trajectory rods going through the defects in the door was there any damage located on lola moore’s bedroom door yes there was a uh there was a bullet defect in the door was the door subsequently removed after additional analysis was performed trajectory analysis was performed yes on so as we’re looking at this photograph right now the portion of the door that we see would that be the portion of the door that would be outside of her bedroom yes that’s correct uh with the door open you’re looking at the face of the door when the door being shut that is the door that you’re looking at from standing in the hallway when the door was moved and you could then see the interior side of that door was there anything that was noticed there was on the back side of the door um the part that faces uh that finished drywall side there was a there was another penetrating lit defect on that door and around that defect i believe was drywall i want powder was that significant it was for um for the processing of the scene and the agents that conducted the trajectory analysis and the crime scene diagram it was was the door taken into custody it was it was removed then it was removed from the property uh taken to the uh to the grand forks narcotics task force and secured in the evidence room there that’s secured and it was on an inventory sheet it was your honor the state would offer what has been marked the state’s exhibit 200 it would be the bedroom door of lola moore into evidence it would need to be moved over unless it’s moved over i can ask agent carter if he recognizes it let’s go through that part first before we do that agent carter do you recognize what’s been marked as state’s exhibit 2 182 i do what is it this is the hollow corridor um of miss moore’s bedroom you’re under the state would offer what’s been marked estates exhibit 282 into evidence any objection yeah briefly in claire yes um asian carter which side is which can you tell us yes so the side that is facing me would have been the interior part of the door that would have faced the uh the finished drought wall of the inside of her bedroom and now the part that’s facing me would be the exterior this is the side that has um blood residue and spatter on it objection are you able to see the outside here yes okay exhibit 282 is received and place that up there if you would sir why don’t we if it’ll stand up there let’s put it up there on maybe buy that 2×4 have to move the table top a little thank you agent carter or agent carter was that door the only thing seized from ms moore’s bedroom i don’t believe so no uh what else would have been seized um i believe there were uh there were photographs taken and then there was also um i believe there was parts of all in our skull to recover after the certain investigation into ms moore’s bedroom was completed was the bathroom the last area of the residence to have evidence collected from it was i’m showing you what’s been marked as states exhibit 138 can you please identify for us what’s in that photograph so in this photograph this is a direct view from in front of the door of mr pendleton’s bedroom there on the left hand side is the doorway going into mrs moore’s bedroom and then straight in front of you is the bathroom in the cabinet some scale markings on there to indicate a bullet defect in that cabinet posit on the right hand side uh has some scale markings indicating again bullet defects in the uh closet door and then the large amount of in looking at the scene and the blood pooling the way it was was there any indication that ms moore had been moved on no there was no indication from me that in the state that we found her exactly how she had felt i’m now showing you what’s been marked estates number space exhibit number 139 could you please identify the advantage or viewpoint this picture provides so this particular picture would have given you the vantage point of deputy uh mclean and when the initial shots took place when they opened the door and encountered mr pendleton it backed into the bathroom and this vantage point is from the bathroom tub close to the toilet in the bathroom showing the the confined space of kind of where he was where he was trapped at the time as you had indicated previously the the bathroom was one of the last places that um photographs and evidence was collected from that’s correct were you assigned any other rules or assignments in the investigation assisting in this particular investigation i was asked to assist in officer interviews for officers that were on scene that responded and i was also asked to attend the autopsies of officer holty and mrs moore do you recall when the autopsies took place i believe the autopsies took place the very next morning did you observe the autopsy of ms moore i did who performed that autopsy dr mark caponen with the und forensic pathology’s office and you were present during that autopsy i was was anything uh retrieved or located in ms moore’s body there were um bullet fragments uh located uh in this smaller skull during the autopsy do you recall where the bullet fragments were located um it was in the soft tissue of the brain inside the skull a dr capone would would be able to give a more apt answer for that question were the bullet fragments removed they were what were done with the bullet fragments after they were removed and photographed um after being removed uh from mrs moore photographed dr caponen placed those into um plastic evidence container jars or a jar and then at the conclusion of the autopsy he turned that item over to me did you also attend the autopsy of officer holte holty who performed that autopsy dr mark did you was anything retrieved or located on the body of officer holty there were what was located um dr capone had located bullet fragments uh in three separate places uh on off circle what were done with the fragments the fragments that were located by dr caponen uh were taken photographed by dr capone and then again uh depending on where those bullet fragments were located whether the left arm the right arm the abdomen um they were individually placed grouped from where they were located uh during the autopsy into uh again a clear plastic container type jar by dr capone may i approach the witness your honor okay i’ll be handing him exhibit 272 should be a bullet fragment from ms moore and then numbers 273 274 and 275 which would be fragments from officer holty
Trial of Salamah Pendleton for Murder: Wednesday, July 7, 2021, from 9:30 am to 2:30 pm
Why waste all of this time?
I hope this POS cries himself to sleep every single night over the fact that he wasted his own mother like an animal.