Still Missing TN - Joseph "Joe Clyde" Daniels, 5, Dickson, 3 Apr 2018 *autistic* *arrests* #2

[sleuther0192837465]

OK they had a hearing this morning about what the prosecution is saying is an excited utterance. The 3 year old came into the room while Emergency Management personnel was taking down missing person info and said/asked 'Joe dead' three times. Aunt Joyce picked him up and said 'Yes, Joe dead baby'. Judge is pondering the four cases cited covering excited utterances to see if testimony about his can come in.
edit to add: This was at about 1:00 p.m. The guy told police about it I think around 7:00 p.m. later. This was the day of the 911 call.

Poor little guy That’s just devastating

 

[Niner]

I see I have the wrong time in my info post. Wonder "where" I got the 2pm time?? It should have read 8:30am motions hearing & trial @ 9am.

 

[sleuther0192837465]

I see I have the wrong time in my info post. Wonder "where" I got the 2pm time?? It should have read 8:30am motions hearing & trial @ 9am.

Seems I can’t read this morning LOL Need more coffee I didn’t catch it either!

 

[Niner]

This is all Cathy has so far...

Cathy Russon
@cathyrusson
·
2m
#JosephDaniels - There were arguments in court this morning without the jury present. Chad Bailey with emergency management was on the scene and heard the 3 yr old brother ask "Joe dead?" and an older woman, presumable the aunt say, "Yes, baby, Joe dead"

Judge has taken a recess to research case law on if this testimony can come in on what was overheard.

link: https://twitter.com/cathyrusson

 

[AnnInOhio]

Seems I can’t read this morning LOL Need more coffee I didn’t catch it either!

I did! I went back to watch the end of the previous day's stream because I assumed I was having a 'senior moment'. Go ahead Niner - laugh and say 'Made you look' LOL.

 

[sleuther0192837465]

I did! I went back to watch the end of the previous day's stream because I assumed I was having a 'senior moment'. Go ahead Niner - laugh and say 'Made you look' LOL.

 

[AnnInOhio]

The two witnesses can testify to what they heard the 3 year old and aunt say.

 

[sleuther0192837465]

The two witnesses can testify to what they heard the 3 year old and aunt say.

YES!!!!!!

 

[AnnInOhio]

The jurors are allowed to ask questions during this trial (I love when this happens). They have apparently already submitted one note with two questions that the judge will address with them. They are asking why in video they were shown yesterday they could not hear the audio and why were there parts they could not hear. The judge explained that there were rules of law that the judge has to make sure are followed and that there were things on that video they were not allowed to hear and it was HIS order that resulted in what they saw and heard and did not see or hear.

 

[AnnInOhio]

Next witness up: Deputy Timothy Simmons for Dixon Sheriff's office. K-9 handler.

 

[Niner]

I knew if I started dinner there would be some more tweets - it worked!

Cathy Russon
@cathyrusson
·
16m
#JosephDaniels - Judge Wolfe is back on the bench. He's reading case law regarding 'excited utterances'.



Judge Wolfe rules the witnesses CAN testify about what they heard from the brother and aunt.

Judge: I received two jury questions from yesterday: Why can we not hear the audio - what are the part the jury cannot hear?

This was regarding body cam footage shown yesterday. When Krystal Daniels spoke on that footage, ti was muted because statements by her are not admissible in this trial.



link: https://twitter.com/cathyrusson

 

[AnnInOhio]

He was called from his home around 7:30 a.m. to come for a missing child case. Showing his car camera. As he pulls up defendant's red Chevy passed him on the road (coming from the opposite direction). Chrystal Daniels got out of defendant's car. I'm trying to watch video and type at the same time so hang with me

 

[Niner]

Cathy Russon
@cathyrusson
·
4m
#JosephDaniels - First witness today is Dep. Timothy Simmons.



Seeing Dep. Simmons' body cam footage. This is Krystal Daniels





link: https://twitter.com/cathyrusson

 

[AnnInOhio]

Deputy is seen on camera speaking to Crystal. Says he's explaining to her he wants to use his dog as a last resort because his dog tends to bite and he is going to try to get another unit to bring their dog instead. While they are talking defendant's car passes again now going the same direction his unit is pointed

 

[AnnInOhio]

His dog is the one who tracked to a pond. The other unit's hound dog went past where his dog stopped if I understand correctly. I gather a lot of where he went wasn't necessarily because his dog led him there. Back to his car video defendant's car pulls up AGAIN, now in front of the parked vehicle the second K-9 unit came in.

 

[AnnInOhio]

As a side note, I have a 6 month old German Shepard pup who at 4 months could track me in a Lowes with my husband with no training LOL.

 

[Niner]

Well @AnnInOhio - you are faster than the tweets - I will wait for a bit more tweets - and then post all of them.... plus I'm going to eat now!

 

[AnnInOhio]

Defense brings up that there is no way to know how old a scent is. Water holds odor. His dog usually tracks someone who has just run (hence why he bites LOL). Correction (I think) the dog who went to the pond wasn't his dog, it was a woman handler's dog and this deputy was just support.

 

[AnnInOhio]

Jury is stepping out. Judge instructing them about how to pass their questions, which are reviewed before the judge and attorneys. I'm a few minutes behind real time watching the video as I try to type.

 

[AnnInOhio]

I had a visitor so a little more behind. Sorry.
Judge says this is a very intelligent jury.
Question: Were there other clothes in the hamper and could that hamper the smell for the dog?