GUILTY TX - Michael Swearingin, 32, & Jenna Scott, 28, Temple, Bell County, found deceased, 4 Jan 2019 #2

DNA Solves
DNA Solves
DNA Solves
APR 21, 2023
[...]

Next was field engineer for Hyundai Motor America, John Morrison, who went over the location services of the car.

The expert explained once the car turns on, that’s when the GPS captures data.

Between 5:52pm-8:25pm, the car was located at Swearinging’s home.

And between 9:52pm-11:46pm, the car was located at 2202 Mikuelc Drive in Killeen.

[...]

In the footage on January 3, 2019, you see a white SUV was sitting in the church’s parking lot from 11:45am-1:14pm.

Videos from Thursday is from Swearingin’s neighbors that show a white SUV drive past Swearingin’s house around nine times the night he went missing.

Prosecutors revealed earlier that day, the area the SUV was parked in the church’s lot was adjacent to Swearingin’s home.

A witness, Danielle Kempf, who works at the church, drove past the SVU as she was leaving for lunch.

She said in court that she made eye contact with the African American driver and identified him as Cedric Marks in the car.

[...]

During cross examination, the two were making snappy remarks toward each other to the point where prosecutors constantly objected to Marks badgering the witness and the judge had to step in, telling the two to only ask and answer.

[...]
 
Thanks - I need names!! LOL! :)
Well, just in case MSM missed any... :)

DAY ONE:
04/17/2023 Judge's Docket Sheet
- 39.14 compliance provided to Mr. Marks; will return to it later today. - Address Mr. Marks - Address parties re: time for opening - rule invoked - Bring jury in - swear in, read instructions. - Jury in/out when Mr. Marks needs to stand - Indictment read by C. Lane-Taft; Mr. Marks pleads NG. - Mr. Garza opening statement - Mr. Marks opening statement - Witness, Debra Harrison, sworn & testifies. State's Ex. 2 admitted (photo). State's Ex. 3-7 admitted (photos). break - State's Ex. 205 (disk golf stuff), 206 (dog kennel) - admitted. Break for lunch. - Witness, Karen Scott, sworn & testifies. State's Ex. 186 - admitted (text msgs). State's Ex. 1 (photo) admitted. State's Ex. 200-204 admitted (aerial photos). State's Ex. 188 (video) admitted. - Break - Mr. Marks requests logistics for witness to view/listen to media outside presence of jury so that he can ask questions of the witness. - Witness views video / listens to audio outside presence of jury in conf rm. - outside presence of jury - discussion of evidence - will review evidence in camera to be provided to me via usb (Def Ex A1-6) - continue testimony of Ms. Karen Scott; - break for day, to take up in camera review of def ex a1-6 in am and 39.14 compliance. ct rep: c. dixon da: h. garza/s. newell/c. lane-taft def: c. marks /s/ Steve Duskie

DAY TWO:
04/18/2023 Judge's Docket Sheet
- 39.14 compliance status - ruling re: Def Ex. A1-6 - not admitted in form as presented. - Karen Scott returns to testify. Break - Cory Cross sworn & testifies. State's Ex. 8 timeline admitted; State's Ex. 8b (digital timeline) admitted. State's Ex. 191, 192, 193, 194 admitted (photos). State's Ex. 189, 190 admitted (printouts/screenshots of activity). State's Ex. 9 (disk of videos) admitted. -- On cross-exam, def. requests in cam review of Def Ex A-3. Break for lunch - exhibit A-3 not admitted. - Def cross-exam of Cory Cross. Def. Ex. 1-13 adm (google logs/maps). Def Ex. 14, 15 adm (video). - state's Ex. 207-216 - admitted (vivint logs). break - Cory Cross continues testimony. Release jury at approx 4:00pm to address matters outside presence of jury. - break - 39.14 compliance covered, State's PT Ex. #1 made a part of the file along with 2 CD attachments. - Def raises issues asking to amend earlier motion/ruling re: DNA. Admonish def to amend via filing with attachments and will be taken up. ct rep: c. dixon state: h. garza / s. newell / c. lane-taft def: c. marks (self rep) /s/ Steve Duskie

DAY THREE:
04/19/2023 Docket Entry
Continuation of jury trial, day 3. - Russell Kurtz sworn & testifies. State's Ex. 217 (a part of #190 - pg of activity log) admitted. - Richie Davis sworn & testifies. State's Ex. 195-199 (aerial maps) admitted. State's Ex. 184 admitted (photo of car). - Kayla (Reece) Fairbairn sworn & testifies. State's Ex. 182 (screenshot of adt videos) admitted; State's Ex. 183 admitted (5 clips from her security/surv system). Def Ex. 16, 17 admitted (still photos from her sec system). - Rachel Foster sworn & testifies. State's Ex. 219 (text msgs/extraction) admitted. Def. Ex. 18, 19 admitted (redacted to remove all info except for the photos). - On record, identified that I would make photo copy of Ex. 18, 19 that complies and place those into record as the exhibits admitted, no objections - copies for each side to be provided in am. - recess for day, to continue with state questioning Ms. Foster in am. ct rep: c. dixon state: h. garza/s. newell def: c. marks (self) * Note - stand by counsel H. Baier present today and has been Mon & Tues, and local stand by counsel J. Galligan present each day this week as well, along with Mr. Marks' private inv. /s/ Steve Duskie

DAY FOUR:
04/20/2023 Judge's Docket Sheet
Day 4 of JT - - Witness continues from yesterday, Rachel Foster. - State's ex. 221, 222 admitted (photos of car) break - continue witness testimony from Rachel Foster. - break - Witness - Eric Wickman, sworn & testifies. - state's ex. 218 admitted (overhead photo of 12th st area, austin). - state's ex. 220a admitted; witness has authenticated 220b, reserve ruling on admission until Def has opportunity to review. Break until 2pm. - Mr. Marks confirms able to review #223a, 224a, 225a, 226 over break - Witness Veronic Otouno sworn & testifies. State's Ex. 223a, 223 b (videos) admitted. State's Ex. 225a admitted. State's Ex. 225b is authenticated. - Witness Russell Rhodes sworn & testifies. State's Ex. 226a is admitted. State's 226b is authenticated. - Witness Ofc. James Lewis (TPD) sworn & testifies. State's Ex. 170-181 (photos) admitted. - Witness, Sgt Richeson (TPD) sworn & testifies. - Witness William Hanky sworn & testifies. recess for day, start at 9:30am tomorrow. ct rep: c. dixon state: h. garza/s. newell def: c. marks (self) /s/ Steve Duskie

DAY FIVE:
04/21/2023 Judge's Docket Sheet
Day 5 of JT; -7am - Mr. Marks rvw videos 220B, 224B, 225B, 226B. - 9:30am - State's Ex. 220B, 224B, 225B, 226B admitted. - Austin PD John Prata sworn & testifies. State's Ex. 229-272 admitted (photos). State's ex. 273-280 admitted (photos of fingerprint info). State's Ex. 281 admitted (Ofc Prata lab rep). - break - Witness, Tyler Belknap, Austin PD, sworn & testifies. State's Ex. 282 admitted (T. Belknap report). - lunch break - Witness: Ryan Morrison sworn & testifies. State's Ex. 228 admitted (Hyundai record). - Witness: Steven Kaplan sworn & testifies. State's Ex. 284a admitted. 284b authenticated (adm pending Mr. Marks rvw). - witness: David Bandy, sworn & testifies. State's Ex. 283a admitted. 283b authenticated (adm pending Mr. Marks rvw). Break: - cont testimony of David Bandy; Def Ex. 20 admitted. State's 283b admitted. - Witness Daniel Kempf; outside presence of jury; sworn in and Mr. Marks questions re: identification (Neil). Arguments from both sides. Denied. Break. - continue testimony in presence of jury of Daniel Kempf. - jury released for weekend with instructions. - matters taken up outside presence of jury. ct rep: c. dixon state: h. garza / s. newell def: c. marks (self) stand by counsel for Mr. Marks: H. Baier (RPDO); J. Galligan /s/ Steve Duskie

 
Question - they have this listed

Witness Daniel Kempf; Isn't this supposed to be Danielle? Like the article says. I thought it was a woman testifying, not a man. ??
Yes, it appears to be a misspelling. As you know, the tweets from this account are from a reporter inside the courtroom and I don't think he got this wrong. MOO

 
Question - they have this listed

Witness Daniel Kempf; Isn't this supposed to be Danielle? Like the article says. I thought it was a woman testifying, not a man. ??

I'm a witness in the trial, and both Earl's tweet and the Judge's docket sheet have the wrong last name for me (and don't match each other). I'm actually surprised they don't have you spell your name when they ask you to state your name; I've been deposed before in a civil matter and they had me spell my name, and I've been interviewed by the media a half dozen times and they always have me spell my name for the record.

The clerk is most likely the person to not make such a mistake, and the entry for the subpoena says "CLERK'S COPY TO DANIELLE KEMPF". The clerk did spell my name correctly in the register of actions for this case in the Bell County Odyssey Portal.
 
Monday, April 24th:
*Trial continues (Day 6) (@ 9am CT) - TX – Michael Lee Swearingin (32) & Jenna Kay Scott (28) (Jan. 4, 2019, Temple; found in Clearview, OK on Jan. 19, 2019) – *Cedric Joseph Marks (44/now 48) (ex bf of Scott’s) arrested (1/8/19) in Kent County, Mich. for a burglary warrant, waived extradition to Texas.
*Charged (2/4/19), indicted (4/3/19) & arraigned (5/10/19) with capital murder of multiple persons & tampering with evidence. $2,016,500 Bond. DA will seek DP. Bond reduction denied (3/30/21). Will be representing himself.
*Charged (2/4/19), indicted (4/3/19) & arraigned (4/10/19) with interfering w/emergency call, false report to police officer violating protective order, burglary habitation intend.
*Charged & indicted (3/13/19) & arraigned (4/26/19) with 1st degree felony burglary (on 8/21/18 at Scott’s home). $16,500 bond on charges of interference with an emergency call, making a false police report & violation of a protection order, bond for the burglary charge is $250K, the murder of multiple persons is carrying a bond of $1.5 million & $250K. Plead not guilty to all charges.
Trial was set to begin on 2/20/23 with jury selection (could last 3 week). Judge Steven J. Duskie presiding. Representing himself (pro se). From 3/27/23 to 4/4/23 with a total of 69 potential jurors selected. Final individual voir dire happened on 4/13/23.
Trial began on 4/17/23.

Court information from 2/3/19 thru 2/9/23 & Jury Selection Days 1 to 29 (2/20 to 4/4/23), 4/5/23 thru 4/13/23 & Trial Day 1-4 (4/17-4/20/23) reference post #219 here:
https://www.websleuths.com/forums/t...nna-scott-28-temple-bell-county-4-jan-2019-11

4/21/23 Friday, Trial Day 5: State witnesses: City of Austin Crime Scene investigator John Prata. City of Austin Latent Print Supervisor/Forensic Science Service Dept. Leader Tyler Belknap. Ryan Morrison, service engineer for Hyundai Genesis. CEFCO Director of Loss Prevention Steve Kaplan. First Baptist Church Director of Operations David Bandy. Danielle Kempf (outside presence of jurors). Then testified in front of jurors.
For more info see post #220 (article) [pg 11] & 221 (article) here:
https://www.websleuths.com/forums/t...emple-bell-county-4-jan-2019-2.577817/page-12
Trial continues on Monday, 4/24/23.

*Maya Renee Maxwell – Pretrial hearing on 5/19/23.
*Ginell Marie McDonough – 1/31/20: Plead guilty. Sentencing on 11/19/20 where charges were dismissed, will testify against Marks.
 

Awful day.
I'm sorry, Deb. :(

Getting the witnesses down...
  1. On Monday, April 24, Temple PD Crime Scene Technician Kelsey Kemp was the first witness on stand. She photographed Michael Swearingin’s home on January 8. She also took photographs of Marks’ girlfriend, Rebecca Addney, at 2202 Mikulec Drive in Killeen on January 10. In Kemp’s photos, she photographed Texas Ranger Russell taking blood swabs from Swearingin’s hallway and garage floor.
  2. Former Hughes County Oklahoma Undersheriff Cullen Fowler came to the witness stand after recess. He went through a picture slideshow with the prosecutors over a specific location he was told where Swearingin and Scott’s bodies were buried.
  3. Oklahoma State Bureau of Investigations Special Agent Kirk Titsworth came next to the witness stand. He continued on from Fowler’s testimony of the burial location through a picture slideshow. As more of the pictures got closer to unearthing the burial site, Jenna’s mom had to leave the courtroom.
  4. In the end Angela Berg, Forensic Anthropologist with the Oklahoma medical examiners office came to the witness stand with pictures of excavating Jenna and Michael.
 
Tuesday, April 25th:
*Trial continues (Day 7) (@ 9am CT) - TX – Michael Lee Swearingin (32) & Jenna Kay Scott (28) (Jan. 4, 2019, Temple; found in Clearview, OK on Jan. 19, 2019) – *Cedric Joseph Marks (44/now 48) (ex bf of Scott’s) arrested (1/8/19) in Kent County, Mich. for a burglary warrant, waived extradition to Texas. *Charged (2/4/19), indicted (4/3/19) & arraigned (5/10/19) with capital murder of multiple persons & tampering with evidence. $2,016,500 Bond. DA will seek DP. Bond reduction denied (3/30/21). Will be representing himself.
*Charged (2/4/19), indicted (4/3/19) & arraigned (4/10/19) with interfering w/emergency call, false report to police officer violating protective order, burglary habitation intend.
*Charged & indicted (3/13/19) & arraigned (4/26/19) with 1st degree felony burglary (on 8/21/18 at Scott’s home). $16,500 bond on charges of interference with an emergency call, making a false police report & violation of a protection order, bond for the burglary charge is $250K, the murder of multiple persons is carrying a bond of $1.5 million & $250K. Plead not guilty to all charges.
Trial was set to begin on 2/20/23 with jury selection (could last 3 week). Judge Steven J. Duskie presiding. Representing himself (pro se). From 3/27/23 to 4/4/23 with a total of 69 potential jurors selected. Final individual voir dire happened on 4/13/23.
Trial began on 4/17/23.

Court information from 2/3/19 thru 2/9/23 & Jury Selection Days 1 to 29 (2/20 to 4/4/23), 4/5/23 thru 4/13/23 & Trial Day 1-5 (4/17-4/21/23) reference post #226 here:
https://www.websleuths.com/forums/t...nna-scott-28-temple-bell-county-4-jan-2019-12

4/24/23 Monday, Trial Day 6: State witnesses: Temple PD Crime Scene Technician Kelsey Kemp. Former Hughes County Oklahoma Under sheriff Cullen Fowler. Oklahoma State Bureau of Investigations Special Agent Kirk Titsworth. Angela Berg, Forensic Anthropologist with the Oklahoma medical examiners office.
For more info see post #229 here:
https://www.websleuths.com/forums/t...emple-bell-county-4-jan-2019-2.577817/page-12
Trial continues on Tuesday, 4/25/23.

*Maya Renee Maxwell – Pretrial hearing on 5/19/23.
*Ginell Marie McDonough – 1/31/20: Plead guilty. Sentencing on 11/19/20 where charges were dismissed, will testify against Marks.
 
From the article:

Jurors in the capital murder trial of Cedric Marks on Tuesday heard from Leon Neal, a resident of Okfuskee County in Oklahoma, who testified he and a group of friends were hunting on January 4, 2019, near 1140 Road, where the remains of Jenna Scott and Michael Swearingin were unearthed, and witnessed a “light, medium Black man” in the area.

[...]

... Neal said on January 4, 2019, he noticed a car coming down the road. The driver parked their car, and Neal yelled at the man demanding to know what he was doing out there.

Neal identified the driver as a “light, medium Black man” who told him that he was there to show his girlfriend, and friends, his old stomping grounds. However, due to the group hunting at night, Neal couldn’t properly identify the man. Neal said he and his friends went back to hunting, and the car drove away.

[...]

Neal said a few days later, the group went back to the spot to hunt again. This time, they noticed “earth disturbance” covered by a camper shell.

On January 14, 2019, Neal was at the property when law enforcement made the area a crime scene. Then, he notified special agent, Kent Titsworth, about the man he saw on January 4.

The next witness, Justin Massey, said he was near the car while Neal and the driver was talking, but could only make out certain words during the conversation. He also identified the man as Black.

[...]

Special agent, Kent Titsworth, was recalled to the witness stand and clarified Marks’ ties to the Clearview area.

Titsworth said he’s familiar with both the Golden and Marks family, both being associated with Clearview.

[...]

Lisa Barton, a forensic anthropologist in Oklahoma City, performed the autopsies for Scott and Swearingin on January 16, 2019.

Marks chose not to look at the photos of the victims’ bodies to authenticate them before being submitted into evidence, but objected to the photos being prejudice twice. However, the judge overruled both objections.

[...]

The next witness is AP Operations Coach of Walmart in Hernyetta, Oklahoma, Sam Robertson.

He testified to authenticate camera surveillance he gave to authorities from January 4, 2019, as well as a receipt with purchases from that day.

The purchases were a utility knife, a shovel, clothing and two pairs of shoes.

Robertson provided camera footage with multiple views of a black man in the store with a white woman purchasing the same items shown on the receipt.

A similar shovel to the one on the receipt was admitted into evidence as well. This is because the original shovel from the crime scene is gone. The barcode from the shovel in court matched the barcode on the receipt from January 4, 2019.

[...]

Another witness, David Delgado, took the stand. He said he was an associate at the Walmart in Henryetta during 2019.

Delgado said he remembers showing a Black man and a white woman where the shovels were in the store, and was able to identify himself in the camera footage.

Delgado confirms the shovel shown in court, which matched the one on the receipt, can only be sold at Walmart.

[...]
 
APR 25, 2023
[...]

During the afternoon, prosecutors presented surveillance footage from a Walmart that showed two people who appeared to be Marks and Maya Maxwell buying a shovel, thermal clothing, shoes, and an exacto knife. According to a receipt, the purchases were made on January 4th, 2019 at 4:09 p.m.

During his cross examination, Marks presented several screenshots from the same video, but one was not admitted into court due to alterations.

Earlier, Leon Neal was the first witness to take the stand. Marks wanted to exclude Neal from speaking in front of the jury, saying Neal had lack of identifying Marks on January 4 near the Shannon property where Michael Swearingin and Jenna Scott were located. The judge overruled Marks motion, and Neal was able to testify in front of the jury.

[...]

Forensic pathologist for the Chief Medical Examiners office in Oklahoma City, Dr. Lisa Barton, came to the stand next. When she did this, Michael’s family had to leave the already half-empty courtroom. Scott’s family was in low attendance on the morning of April 25.

[...]

When Marks was offered to examine the photos of Michael and Jenna, he didn’t want to review them before being presented. He did, however, object to them being shown saying they show prejudice. The judge overruled Marks’ motion. ...

[...]
 
Wednesday, April 26th:
*Trial continues (Day 8) (@ 9am CT) - TX – Michael Lee Swearingin (32) & Jenna Kay Scott (28) (Jan. 4, 2019, Temple; found in Clearview, OK on Jan. 19, 2019) – *Cedric Joseph Marks (44/now 48) (ex bf of Scott’s) arrested (1/8/19) in Kent County, Mich. for a burglary warrant, waived extradition to Texas. *Charged (2/4/19), indicted (4/3/19) & arraigned (5/10/19) with capital murder of multiple persons & tampering with evidence. $2,016,500 Bond. DA will seek DP. Bond reduction denied (3/30/21). Will be representing himself.
*Charged (2/4/19), indicted (4/3/19) & arraigned (4/10/19) with interfering w/emergency call, false report to police officer violating protective order, burglary habitation intend.
*Charged & indicted (3/13/19) & arraigned (4/26/19) with 1st degree felony burglary (on 8/21/18 at Scott’s home). $16,500 bond on charges of interference with an emergency call, making a false police report & violation of a protection order, bond for the burglary charge is $250K, the murder of multiple persons is carrying a bond of $1.5 million & $250K. Plead not guilty to all charges.
Trial was set to begin on 2/20/23 with jury selection (could last 3 week). Judge Steven J. Duskie presiding. Representing himself (pro se). From 3/27/23 to 4/4/23 with a total of 69 potential jurors selected. Final individual voir dire happened on 4/13/23.
Trial began on 4/17/23.

Court information from 2/3/19 thru 2/9/23 & Jury Selection Days 1 to 29 (2/20 to 4/4/23), 4/5/23 thru 4/13/23 & Trial Day 1-6 (4/17-4/24/23) reference post #231 here:
https://www.websleuths.com/forums/t...nna-scott-28-temple-bell-county-4-jan-2019-12

4/25/23 Tuesday, Trial Day 7: State witnesses: Leon Neal, a resident of Okfuskee County in Oklahoma, found remains. Justin Massey, said he was near the car while Neal & the driver was talking. Special agent, Kent Titsworth. Dr. Lisa Barton, a forensic anthropologist in Oklahoma City, performed the autopsies for Scott & Swearingin on January 16, 2019. AP Operations Coach of Walmart in Hernyetta, Oklahoma, Sam Robertson. David Delgado said he was an associate at the Walmart in Henryetta during 2019.
For more info see posts #234 & 236 (articles) here:
https://www.websleuths.com/forums/t...emple-bell-county-4-jan-2019-2.577817/page-12
Trial continues on Wednesday, 4/26/23.

*Maya Renee Maxwell – Pretrial hearing on 5/19/23.
*Ginell Marie McDonough – 1/31/20: Plead guilty. Sentencing on 11/19/20 where charges were dismissed, will testify against Marks.
 
Deb, I am not a lawyer but I have a very good feeling about what has been presented so far. They've got strong evidence, and Marks may poke some holes, but I haven't heard anything yet that rises to the level of reasonable doubt. (Hugs!) MOO
I was just telling my sister yesterday that (from afar) it seems the DA is laying a pretty solid foundation. Realizing that it’s circumstantial, but when circumstance upon circumstance upon circumstance are pointed out, is it really simply a circumstance? We take nothing for granted though. Marks is as slimy and slippery as he is evil.
 


As of just before 2:50 p.m. on Wednesday, April 26, Marks was cross examining Adney. Prosecutors had to object to many questions Marks gave Adney to say they were self-serving statements. The judge even had to ask the jury to disregard a few questions and answers Marks gave to Adney.

As of just before 3:30 p.m., Marks was removed from court after using profanities with the judge and prosecution inside the courtroom after trying to get video footage authenticated.
 


The outburst came as Marks was trying to get evidence admitted in the trial. The evidence in question were personal screenshots and still photos of a video of Marks and Jenna Scott that Marks had previously tried to enter into evidence.
Rebecca Adney, who Marks was in a relationship with off and on for eight years, was the witness on the stand at the time. Adney told the court she saw the footage but did not personally see it filmed.
Despite Adney seeing the footage, prosecutors continuously objected to the way Marks phrased his questions to try and authenticate the evidence, leading to the judge asking Marks if he would like to take a break to discuss with his counsel how to ask the questions.
Once the jury was dismissed and court was in recess, Marks approached the judge, raising his voice and using profanity.
The judge said enough was enough, and had Marks removed from the courtroom for his behavior.
Marks' counsel will take over for the rest of the case.
 

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