Whoa....several new orders with lots of details today.
First one:
"The Court finds that some ofthe hearsay statements on the 911 call do not qualify under the exceptions cited by the State and, therefore, must be redacted. However, the balance of the 911 call as well as the texts and conversations noted herein are likely admissible provided that the requisite foundation is laid at trial.' The transcript will be allowed as a demonstrative aid, again assuming proper foundation is established." (the transcript is of the 911 call and will be given to jury to read as they listen)
Details about the girls evening:
D.M., B.F., KG, and MM got home from their evening out. EC and XK weren't home yet. Around 2 am DM, BF, KG, and MM met up in KG's room and talked for a while. They debated about going otu to a food truck for a late snack, DM texted an Uber driver friend at 2:10 to see if he was driving. Ultimately they all decided not to go out and instead just go to bed.
"At approximately 4:00 a.m.,
D.M. heard strange noises and crying coming from the bathroom. She opened her door at one point and saw a man dressed in black with a ski mask on walking by her bedroom door. She then placed calls and texts to her other roommates to see if they were awake. Only B.F., who resided on the ground floor, answered.
They spoke once for 24 seconds, during which D.M. told B.F. she thought she heard something. They spoke again a minute later for 41 seconds when D.M. told B.F. she saw a man in a ski mask leaving the house. They then exchanged the following text messages between 4:22 and 4:26 a.m."
"D.M. then exited her room and began running toward
B.F.'s bedroom. On her way, she noticed Xana lying on the floor of her bedroom, with her head towards the wall and her feet toward to the door. D.M. thought Xana was drunk."
"At 10:23, she texted Madison, asking "R u up[.]" Jd. She received no response. D.M. continued to access Instagram and Snapchat until 11:29 a.m., when she texted Kaylee, "R u up??" Jd. Again, there was no response, which D.M. thought was strange because Kaylee and Madison were "early wakers." GJ Trans. at 188: 15-24. D.M. continued accessing various social media sites, included checking Ethan and Xana's Snapmap locations."
"At approximately 11:50 a.m., D.M. called her friend E.A. and asked her to come over and check the house because she was scared. E.A. and her boyfriend, H.J. came over. Exh. D1; GJ Trans. at 276:9-12. They met D.M. and B-F. at the bottom floor of the house. GJ Trans. at 277:24. Together D.M., B.F. and H.J. started to walk up the stairs to the second floor. When they reached the second floor, H.J. went to the kitchen to grab a kitchen knife. When he came back out, D.M. "saw Xana again for a split second. And I just started bawling because I thought she had just like I don't even know. I thought maybe she was still just drunk and all asleep on the floor." GJ Trans. at 190: 1-25; 245:22-246:20. B.F. also saw Xana lying on the floor. /d. at 231:13-17. H.J. told D.M. and B.F. to "get out." E.A., who had started up the stairs, also turned around after H.J. instructed her not to come any further. /d. at 276:13-21. They both went outside. Shortly afterwards, H.J. exited the house and told them to call 911. He was pale white and mentioned something about someone being unconscious"
