I will shorten this up a bit.
Thursday, February 9th:
*Jury Selection continues (Day 2) (@ 9am CT) - TX –
Michael Lee Swearingin (32) &
Jenna Kay Scott (28) (Jan. 4, 2019, Temple; found in Clearview, OK on Jan. 19, 2019) –
for *Cedric Joseph Marks (44/now 47) (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.
Jury selection began on 2/8/23. Trial set to begin on 2/21/23. (could last 3 weeks). Representing himself pro se.
Trial was to start on 6/24/19 for misdemeanor charges (interfering w/emergency call, false report to police officer & violating protective order).
Court information from 2/3/19 thru 12/6/22 reference post #98 here:
https://www.websleuths.com/forums/t...enna-scott-28-temple-bell-county-4-jan-2019-5
12/7/22: Letter from Heidi Baier regarding vacation time. Subpoenas served. Unsigned Order of state's motion for in camera review. Next docket call on 2/3/23 @ 8:30am. 12/14/22: Pro Se Motion. Order on Motion to exclude evidence: Report on Genesis. Order on motion for funding of subpoenaed witnesses for defense/travel expenses or appear via Zoom. Motion to fund defense witnesses traveling from out-of-state or appear via Zoom at trial. 12/27/22: Motion-Order to compel State to release defendant's property immaterial to the cause at hand. Notice of other crimes, wrongs, or Acts filed.
1/6/23: Preliminary instructions. Pro Se Motion to allow stand by counsel to hand over digital copy of discovery sent to Judge; file with DA. 1/10/23: Order re Pro Se motion to allow stand by counsel re digital copy of discovery. Defense preliminary witness list-court coordinator mail.
1/10/23 Update: Hearing on further pretrial matters. After argument from each side, rule as follows: (1) Motion to release personal prop. Denied at this time. (2) Motion for funding of witnesses: Under advisement. (3) Motion to exclude certain evidence (Hyundai): Denied at this time. (4) Motion for transcripts: Previously approved re: July 2022 interview, provide further info to investigator with request. Provided order & info per in camera review request on Securus Technologies subpoena. Order signed for file. Another pretrial hearing for other matters to include logistics will be set in next 2-3 weeks. Motion to Withdraw as stand-by Counsel. Order on Motion to withdraw. Order on State's motion for in camera review signed by Judge Duskie. 1/11/23: Suggestion of incompetency & request for examination. 1/19/23: Order on State's Motion for in camera review signed by Judge Duskie. 1/20/23: Affidavit of due diligence re: Alex Agosto. Disclosure of expert witnesses. 1/23/23: Pro Se Motion for additional funding for defense DNA expert. Amount $10K copy to DA. 1/25/23: Pro Se Motion. Motion to allow investigator to be present at defense table during voir dire & throughout trial proceedings-copy sent to DA's office.
1/27/23 Update: Pretrial hearing on 1/27/23 which was cancelled was held. Further pretrial matters in hearing. Ms. Baier requests RPD withdraw; denied at this time. Ms. Baier addresses suggestion of incompetency of Defendant. Order exam to be completed as soon as practicable. No other substantive matters to be taken up while competency exam is pending. Address logistical issues. 1/30/23: Letter from Judge to Dr. Cabeldue. Order appointing disinterested expert to examine defendant signed by Judge Duskie.
2/3/23 Update: Docket Call hearing. Mandate from Court of Appeals. Petition for writ is dismissed for want jurisdiction. Further Pretrial matters. Note: Receipt of report, finding Mr. Marks competent to stand trial. Other matters: (1) Motion for witnesses to appear remote; approved but must be done in location such as law office or court conference room with someone to swear in the witness, ability to deal with logistical issues (documents, etc.); (2) Motion for supplemental DNA funding - will approve when receive the information necessary; invoice, etc. (3) Motion for investigator to be present - denied - investigators, stand by, etc., will sit in chairs directly behind. (4) Motion for turn over of video - denied, it is already done, ensure both sides have same video player. Discuss logistics of the panels/voir dire. State's preliminary witness list. State's first amended disclosure of expert witnesses. Witness List. Competency assessment sealed in brown envelope.
2/6/23: Amended preliminary instructions. 2/7/23: Pro Se Motion to compel State to produce finalized witness list to defense per Texas rules 702, 703 & 705. Order on: Motion to Compel State to produce witness list.
2/8/23 Update: Hearing Voir Dire. Panel 1 initial voir dire for questionnaire. Identify members not present (#71, #103, #120, #126, #143). Swear in panel. Cover disqualifications & exemptions. Excused are: #12 (unable to speak/understand English), 29 (college student), 91 (caretaker), 114 (medically ill), 131 (student), 138 (caretaker). General instructions to the panel. Introduce both sides - each side makes brief comments. Instructions about the questionnaire & next process for individual voir dire. Nothing further for the record. Parties released. - off record, hand out questionnaire & provide instructions. Next hearing on 2/9/23 re Voir Dire at 9am & trial starts on 2/21/23.
*Maya Renee Maxwell – Pretrial hearing on 3/31/23.
*Ginell Marie McDonough – 1/31/20: Plead guilty. Sentencing on 11/19/20 where charges were dismissed, will testify against Marks.
TN/MN –
April Lee Pease (30) (Mar. 17, 2009, Bloomington, not found) -
*Cedric Joseph Marks (45/now 47) charged (3/16/20) with 2nd degree murder.
*Kellee Kristine Sorensen (34) – charged (3/16/20) with 2nd degree murder. $3K conditional bond. In custody in Washington State. Washington: Whatcom County