Nowhere to be Seen:
Images & Transcript

SUMMARY KEYWORDS

marcus, clark, hot tub, hargrove, marianne, gbi, respiratory therapist, diving board, jury, area, case, correct, asked, placards, call, tucker, tested, mcdade, evidence, defendant

SPEAKERS

Judge Burleson, ADA Malcor, Penny, McDade, Andrew Brantley, Mr. Tucker, ADA Coffey, Clark Heindel, Brandon Towe, Hargrove, Adrianne Leonard

 

Penny  00:00

I'm Penny Dearmin. This is season two Blood Town on Trial. Last episode defense attorney Mr. Tucker tried to get the answer that couples have battled for forever. Are we calling each other girlfriend and boyfriend? We heard the entire 911 Call and when the 911 operator was asked whether people who call are usually more hysterical, she answered "most of the time." First responders and law enforcement reported that Clark and Marcus were acting nervous and at the scene seemed out of the ordinary for a reported drowning and Marcus's statements were all over the place. Clark told law enforcement that Marianne hit her head when they were taking her out of the hot tub and she fell forward. They kept doing CPR and didn't call 911 because they thought she was coming around. Marcus says that he thought Marianne was putting on to get a little attention or affection. When asked what her behavior was like before Marcus went off in the woods, his voice gets high and speeds up as he explains that they had a good day. They're leaving to go to Ecuador on Thursday. Upon finding out that Marianne was dead, he speculates that maybe she was gone the whole time. Next up is Brandon Towe with the Baldwin County Sheriff's Office. 

 

Brandon Towe  01:49

Shortly after securing the crime scene with crime scene, I noticed that it was starting to rain, there was this amount of blood around the area of the pool area. And so I took some photographs to preserve that evidence. 

 

Penny  02:01

These pictures are shown to the jury as exhibits six through 15. 

 

Brandon Towe  02:08

Yes, so that's that's the area in which the body was located there. I did notice some shrubbery there. And at the time, I wasn't sure of what that the reason behind that. There was also a significant amount of blood around that area. And as I mentioned, it was starting to rain. So I wanted to make sure to photograph that before any rain washed away any of that blood. That was on the shallow end of the pool closest to the house. I noted a pair of glasses and blood around that area as well. That is just all from that same area. And it was a bracelet located just a little ways off from from where the glasses were located in the grassy area off the concrete. That is a photograph I took of the the firewood. I took that photograph because the defendant that had noted that he had been in the woods gathering firewood, I noticed that there was already a large amount of firewood there. 

 

Mr. Tucker  02:59

Do you see that there are two containers there Correct? 

 

Brandon Towe  03:03

Correct. 

 

Mr. Tucker  03:04

And your job you're out there to take pictures of what you feel is important and leads to something, correct? 

 

Brandon Towe  03:13

what my main objective was at that time, because I knew that the GBI was already coming to handle the investigation. Our main objective was just to get an idea of where all of the blood was the main evidence that could be destroyed by the rain.

 

Mr. Tucker  03:27

Did you ever get to go back out and obtain those containers? 

 

Brandon Towe  03:32

No, the GBI took over all of that. 

 

Mr. Tucker  03:35

you made reference if there were some glasses present, right  Did you ever find out whose glasses those were?

 

Brandon Towe  03:41

I did not, no. 

 

Mr. Tucker  03:42

Were they male glasses or female glasses? 

 

Brandon Towe  03:44

I couldn't tell you just from looking at 'em.

 

Penny  03:47

After the lunch break on day one, the state presented exhibit 117 which is Lieutenant McDade's body cam footage. And he and Lieutenant Brantley go up on the porch and knock on the door where Clark and Marcus are inside. Marcus comes out. He's smoking a cigarette and he still is wrapped in his towel. This is Lieutenant McDade speaking to Clark.

 

McDade  04:14

Here's what, I'm going to explain to you what's going on. We're going to detain you in a car. It's Procedure. Detectives is on the way, they're going to interview both of you. But I gotta keep y'all separated. So. I'm gonna have you sit in a car. Now, you're not under arrest.

 

Andrew Brantley  04:35

Before we do that, can he grab him a pair of shorts?

 

Penny  04:37

Clark goes in the house to retrieve a pair of shorts for Marcus. When he returns he asked to retrieve his phone from the pool deck area. 

 

McDade  04:46

by all means. You're not under arrest, sir.

 

Clark Heindel  04:50

Oh, I know that.

 

McDade  04:51

Let me get it for you. Where's it at?

 

Clark Heindel  04:53

you know I think it's up here on

 

McDade  04:55

wait right there. It's a crime scene, now.

 

Penny  04:58

Lieutenant McDade leaves Clark heindel waiting by the shallow end and goes up towards the area where Marianne's body was looking for Clark's phone. He turns around and sees Clark has covered about half the distance to the deep end. 

 

McDade  05:14

I asked you to wait Back there, Sir. 

 

Clark Heindel  05:17

Say what?

 

Penny  05:17

 I Asked you to wait back there.

 

Clark Heindel  05:18

I was hoping I could see it. I'm sorry.

 

05:20

Clark turns around and walks back towards the house. Lieutenant McDade shines his flashlights over the pools of blood towards the lounge chair with cushions on it looks at the pile of clothing or towels on the diving board goes over by the hot tub and then turns back around to where he started. As the footage is ending Lieutenant McDade answers a phone call and Clark Heindel is nowhere to be seen.

 

McDade  05:53

Hello? We're out here at 115...

 

Penny  05:54

 The Next witness is Brian Hargrove of the GBI. At the time of the case, he was a crime scene specialist but is now a special agent in charge. Almost every law enforcement witness has been promoted since the time of the case. So if I accidentally call someone by the wrong title, I apologize. Agent Hargrove arrived on the scene at 4:30 in the morning, on Mother's Day, when it was still dark and raining. 

 

Hargrove  06:25

As soon as you pull in the driveway, start going down towards the house, the swimming pool that we'll discuss was actually in the front yard as opposed to the backyard. And there was a driveway that looped around the driveway, he came back to the same entrance as you pull down the driveway. There was a hot tub  That was located near the diving board of the swimming pool. And I can immediately see things like clothes, pool noodles, Towels, I can also see instruments of medical intervention, like bandages and things like that, that were located not far from the diving board, and I can see an area of blood stain on the area of cement around the pool. 

 

Penny  07:09

Agent Hargrove describes some pictures he took of the scene. There's the hot tub behind the diving board, lounge chairs, the medical equipment over to the left, and then pool noodles and towels to the right of the diving board. Next to flip flops. There is a tumbler and a coffee mug with an unknown drink. There are towels on the diving board, a blood stain on the concrete and then blood on the grassy area between the pool and the house. 

 

Hargrove  07:43

I took many photographs asI could, the weather was fairly bad,  heavy rain. I left there and went to the hospital which is where the morgue was located and examined the decedent. This case was Ms. Shockley, she was not clothed, and she had injuries to her, like abrasions and bruises, to her knees and to her face area. I returned back to the scene and began doing the in-depth examination of the scene.

 

Penny  08:14

Over the course of three days agent Hargrove took pictures and gathered evidence from the crime scene. And the state introduces photographs in the form of exhibits 20 through 61. And we'll just include the important non repetitive images in this section. 

 

Hargrove  08:33

This is the photograph showing the lounge chair off the diving board. And the blood stain that was located on the on the decking around the pool with the coffee mug we've talked about earlier and the drinking glass, a life jacket and foilage that has been somehow ended up in the same area number eight. You see at the bottom there's medical intervention equipment there. There's a blue flashlight in there. Also believe there's a cell phone lying there. A closer photograph of the hot tub. The Hot Tub, again, like I said earlier, the hot tub was running the thermostat that was set to 107 degrees. the Top is off. And you see pool noodles there at the bottom with placards three and four. You see beer bottles at the bottom three is denoting the hand trowel that's on the right side, and on the left side. Placard four is denoting the lady's bra that's lying there 40 was a red handled shovel laying up against the hot tub and we used placard 5 to denote this while you're looking at it, below, not underneath, but below The diving board is a one of those rubber bracelets. That was broken. Seven is marking a silver bracelet that was found in, a lady's bracelet. there is some blood staining near the door jamb of the going into the threshold going from the living room into the dining room getting closer and closer to the blood

 

10:09

they're round in shape and near that that trim of that door jamb. So walking into the kitchen area, the kitchen was separated from the dining room by a breakfast bar with, with cabinetry and sink.

 

Hargrove  10:22

And this is a pad with a note we found lying on top of the counter there. This is a close up photograph of the writing that was located on a notepad. Outside near the diving board, this was the rubber bracelet that we talked about earlier it was broken. And to the left of that between the black bracelet and the pink Swimming noodle is another bracelet that was there. 

 

Penny  10:47

The state introduces items collected as evidence. exhibit 137 is a broken black rubber bracelet and a beaded bracelet that is, its cream, almost shell colored in the beadwork around it. Those two items were found by the diving board. Exhibit 138 is the silver bracelet that was found in the grass. And it looks like it has charms on it kind of like a Pandora bracelet. And exhibit 139 is a fourth bracelet. And as the jury is examining these items, I'm thinking to myself, Okay, there's a broken rubber bracelet. And it's next to another bracelet. How did that bracelet get broken? And how did the silver bracelet end up on the opposite end of the pool in the grass by the other area of blood, which is also close to where the glasses are? Well, first of all, the glasses are not introduced as evidence whatsoever. And so we're not ever told Whose glasses that they are. Except that we know that Clark was the only one on the scene that wears glasses and he was wearing a different set of glasses in the body cam footage. The state introduces Marcus and Clark's cell phones as well as an aerial photo of the crime scene and a sketch of the pool. We'll add those images to our website so you can take a look at those. The state shows the jury a legal pad that is kind of bluish green looking. So just like those yellow legal pads, but just a different color that contains Clark's suicide note, Agent Hargrove says that he can't really make out the writing so I'm going to read it to you. "To those I have heard. I am very sorry. I don't know what happened with Marianne. But it was on my watch. And I am so sorry for her family and friends. I counted myself as one and was looking forward to riding horses with her. I have had a most blessed life and it's time to go. Namaste." ADA Coffey asks if agent Hargrove searched the area around the home 

 

Hargrove  13:22

I was asked to look for an area of basically disturbed dirt where a person could be buried, As well as tools like shovels or trowels or things like that

 

ADA Coffey  13:38

And you didn't find anything like that?

 

Hargrove  13:39

I did not.

 

Penny  13:40

on his cross Mr. Tucker brings back up some of the crime scene photos

 

Mr. Tucker  13:47

That other evidence appears to be clothing correct 

 

Hargrove  13:50

yes 

 

Mr. Tucker  13:51

Did you test that clothing for DNA to find out whose clothing it was? 

 

Hargrove  13:54

I did not 

 

Mr. Tucker  13:55

But you came back and put a placard there, Correct? 

 

Hargrove  13:58

Yes. 

 

Mr. Tucker  14:00

The placard was over by the mug and the shoes, correct?

 

Hargrove  14:04

 two is located next to the mug and shoes.

 

Mr. Tucker  14:07

 there was not a placard by the clothing. Is there? 

 

Hargrove  14:10

No sir. There's not a placard by the clothing.

 

Mr. Tucker  14:12

There's a placard by the clothing here at the front, correct? 

 

Hargrove  14:16

Yes, sir. 

 

Mr. Tucker  14:17

Okay with that clothing, according to you, is that sent off to be tested for DNA? 

 

Hargrove  14:22

I believe that it may have been. All the evidence that I collect, I explained earlier, We provide, I place it in the evidence room. There's evidence that's decided on whether it goes to a lab or not based on the case agent, so... 

 

Mr. Tucker  14:36

thank you sir, for clarifying that for me. So, the items that you marked, were marked to be collected for evidence, so can be decided later whether to send that off to be tested or not correct? 

 

Hargrove  14:47

Well, the placards that are there just to give the jury a reference system what we're talking about at the time, the placards don't have anything to do whether they get sent to the crime lab or not, but almost all of these items were collected..

 

Mr. Tucker  15:01

So you put placards out there Just to say, hey, let's take some pictures and not collect that As evidence? 

 

Hargrove  15:06

Sometimes we do. the placards are used just to give, again, the jury a reference point, you, the DA, so we can identify pictures. And make sure that we're talking about the same evidence. 

 

Mr. Tucker  15:19

they're not out there as things that are important? During the case investigation of the case? But in that particular picture, there is a mug that was taken. And the contents were tested, Correct? You made reference to an earlier?

 

Hargrove  15:24

They are. That's why the placards are put there, because they're important. And for the jury, the judge, they will look forward to be able to know what we're talking about.  Maybe so, Yes. 

 

Mr. Tucker  15:45

Okay. And there was an unknown substance, correct? 

 

Hargrove  15:48

Yes. 

 

Mr. Tucker  15:49

And did that unknown substance get tested?

 

Hargrove  15:51

 If I recall, the crime lab doesn't do that type of testing. That's best I can tell you. 

 

Penny  15:59

Mr. Tucker asked if he noticed if there was a high setting or top setting for the hot tub. And he said no, he just noticed it was 107. 

 

Mr. Tucker  16:10

And inside of the house when you were going through it. There was a pitcher of tea that was noted to be found inside the house, correct? 

 

Hargrove  16:20

Yes. 

 

Mr. Tucker  16:21

And in that tea, there was unknown brown liquid that was collected to be tested.

 

Hargrove  16:27

 Yes. 

 

Mr. Tucker  16:28

Now you mark that k because there was a pair of shorts or a bathing suit there, correct? 

 

Hargrove  16:34

Yes. 

 

Mr. Tucker  16:35

And that was collected, Correct? 

 

Hargrove  16:37

If memory serves me correctly. Yes. 

 

Mr. Tucker  16:38

And was K tested for DNA? 

 

Hargrove  16:41

Not to my knowledge. 

 

Mr. Tucker  16:42

All right. So there were pretty much three or four groups of clothing out there on the scene, Correct? 

 

Hargrove  16:49

Yes, sir. 

 

Mr. Tucker  16:49

Some contained a bra that was presumed It was a female's clothing, correct? 

 

Hargrove  16:54

Yes, sir. 

 

Mr. Tucker  16:55

So look like shorts and a T shirt. Correct? 

 

Hargrove  16:59

Yes, sir.

 

Mr. Tucker  17:00

And just a randompair of shorts right there on the steps of the hot tub.

 

Hargrove  17:05

Yes, sir.

 

Mr. Tucker  17:06

And That was over there with the mugs of tea were

 

Hargrove  17:09

Yes, correct. 

 

Mr. Tucker  17:10

With the unknown substance that was later tested. You were given back the testing for what was in that? Tea Correct.

 

Hargrove  17:18

Specifically, No, I've never had a conversation with the crime lab about any of their testing.

 

Mr. Tucker  17:23

If I could refresh your memory, if I may approach?

 

Hargrove  17:27

 Okay. 

 

Mr. Tucker  17:28

And it stated that the unknown liquid previously removed from the coffee mug these glass vials were documented by GBI Harcove [sic], correct? 

 

Hargrove  17:39

Yes, 

 

Mr. Tucker  17:39

they came positive for the presence of DMT or DET Correct? 

 

Hargrove  17:45

Yes. 

 

Mr. Tucker  17:46

What is DMT?

 

Hargrove  17:48

The, and let me back up just a minute, this is this is my report. This was presumptive field testing. Done by me. This is not a confirmatory testing. And the the field test kit test tests for LSD, it's the same test kit, LSD, tests for heroin. Sometimes it will also test for chemicals is related to ecstasy. And in this particular case, it also will give a presumptive test for DMT or the components of a hallucinogen inside that liquid is what is testing for. It's just a presumptive test. And it's not it's not confirmatory, that was still have to be sent to the crime lab for confirmatory testing. 

 

Mr. Tucker  18:33

So it's presumptive that there's something in a mug close to the hot tub where the deceased was found. That was marked and collected by you, Correct?

 

Hargrove  18:46

Yes.

 

Mr. Tucker  18:47

And even though it was a presumptive test, it would have to be sent to the lab to further decide exactly what it was, correct? 

 

Hargrove  18:53

Yes, sir. 

 

Mr. Tucker  18:54

At onet point, some of the items were tested and examined using the alternative light source Do you recall that? 

 

Hargrove  19:02

Yes, sir. I do recall using a light source to do that. And,

 

Mr. Tucker  19:09

and because of that heavy rain, and because of the not preserving those items in a dry area, there weren't many latent prints that were observed on any of those items, were there?

 

Hargrove  19:21

not all those items are tested. It's important to know that some items are conducive to holding latent prints and others are not. For example, a hand towel, you're not going to print off specifically what you believe what you're referencing, correct me if I'm wrong, testing the shovel.

 

Penny  19:39

Agent Hargrove says there are many factors that go into finding latent prints on a surface and one of those could be rain but he did not find any latent prints on the shovel.

 

Mr. Tucker  19:51

It wasn't taken into the dry area of what you just said, in layman's terms, probably would be that it had already been rained on whatever evidence, it washed away, 

 

Hargrove  19:59

most likely yes

 

Penny  20:00

Mr. Tucker brings up a lot of the same questions that we had in season one, about why certain items are not gathered for evidence, and then perhaps even not submitted to the crime lab. He also brought up the 107 degree temperature of the hot tub and finding out if there was any measurement about the highest temperature setting. And if you recall, in our research, we found out that very high temperatures can actually speed up rigor mortis. So we don't know if that's going to be a factor in the case. One thing that the jury is not privy to because it's not introduced as evidence is that discussion of the hydrangea ceremony that we talked about in season one involving this shrubbery or foilage. And it is just not ever brought up as if it was not ever offered as an explanation for that. So it's not something that the jury is ever going to consider there is a discussion of the shovel both in looking for prints on the shovel and also searching the area around the property to see if there was any evidence of disrupted earth or any tools in the woods, which they did not find, which could be relevant to our episode called bury yourself. And the state calls their next witness. Adrianne Leonard. ADA Malcor asks, How do you know the defendant Marcus Lillard? 

 

Adrianne Leonard  21:41

We went to high school together, we got married and we have child together, 

 

ADA Malcor  21:45

what is your occupation? 

 

Adrianne Leonard  21:47

I'm a respiratory therapist, 

 

ADA Malcor  21:49

and in 2019, what was the state of your relationship with the defendant in this case? 

 

Adrianne Leonard  21:57

We were divorced and we were not in contact. 

 

ADA Malcor  22:01

Now in May of 2019. Where were you living? 

 

Adrianne Leonard  22:05

I was living in Milledgeville, Georgia, on Glenn drive. 

 

ADA Malcor  22:10

And where is that in relation to Watson Reynolds Road? 

 

Adrianne Leonard  22:15

So they're both off of Lake Laurel, once you get on Lake Laurel Watson Boulevard is you, it's about five miles. I'm not really good with numbers a few miles down to the left. So it was pretty close. 

 

ADA Malcor  22:30

Did you know Clark Heindel? 

 

Adrianne Leonard  22:32

I did. 

 

ADA Malcor  22:33

How did you know him? 

 

Adrianne Leonard  22:34

he was my psychologist when I was a teenager. And later I took Carson to see him. 

 

ADA Malcor  22:42

From that point on did your son Carson and Clark form a friendship? 

 

Adrianne Leonard  22:49

At that time, I would not have called it a friendship. Carson saw him as a therapist and their relationship. There was a good relationship at that time from what I knew. 

 

ADA Malcor  23:03

Let me ask it this way, once Carson was an adult, what did he become friendly? or friends with Clark Heindel? 

 

Adrianne Leonard  23:11

Yes. I mean, they didn't hang out all the time or anything, but they did keep in contact. 

 

ADA Malcor  23:17

And so how far of a drive and I know you're not good with numbers and I'm not either, if you had to drive from your house, to Clark Heindel's house How long would it have taken? 

 

Adrianne Leonard  23:28

10 minutes tops? Probably somewhere around seven. 

 

ADA Malcor  23:31

Do you remember the evening? Saturday May 11 2019? 

 

Adrianne Leonard  23:36

I Do. 

 

ADA Malcor  23:37

Are you working that night?  Where were you working? 

 

Adrianne Leonard  23:39

I was  Putnam General Hospital in Eatonton. 

 

ADA Malcor  23:41

Did you receive a call that night from the defendant?

 

Adrianne Leonard  23:42

 Yes. 

 

ADA Malcor  23:42

Was that unusual? 

 

Adrianne Leonard  23:43

Yes. 

 

ADA Malcor  23:43

What time did he call, do you remember? 

 

Adrianne Leonard  23:52

It was somewhere in around 11:15 At night, 

 

ADA Malcor  23:55

and at some point the next day did you speak with the GBI in connection with this case? 

 

Adrianne Leonard  24:03

Yes. 

 

ADA Malcor  24:04

And at that time, the very next day, were you able to provide a screenshot from your phone that showed the exact time? 

 

Adrianne Leonard  24:11

Yes. 

 

Penny  24:13

Ada Malcor shows exhibit 64 to the witness, which is a screenshot from her phone. 

 

Adrianne Leonard  24:21

I recognize his name and the phone number. And it says 1139 So that looks like what my screen looked like at that time. 

 

ADA Malcor  24:31

Can You told me what time, sorry, You received a call from the defendant that Night?

 

Adrianne Leonard  24:38

11:20

 

ADA Malcor  24:39

 Did you answer it? 

 

Adrianne Leonard  24:40

I did. 

 

ADA Malcor  24:41

How did he sound? 

 

Adrianne Leonard  24:42

I could tell that he was under the influence of something. I knew him very well. I've known him for years and he was not making a whole lot of sense. He was contradicting himself and mumbling and it just was not his normal conversation. I remember the way that he introduced himself because I kind of thought it was funny. He was like, Yeah, um Adrianne. This is Marcus Lillard. I'm over here with Marianne at Clark Heindel's house and that's it. He would kind of the volume would go down. So it would be kind of mumbling. Yeah, she, she's kind of breathing. But we, and it was kind of mumbled again, and but what I was able to make out was it but we're currently doing CPR on her so what's the quickest way to get her back to breathing. I said, you need to hang up the phone with me now and you need to call 911. He said, Well, I mean, no why she's breathing. Just you know. I mean, honestly, I think she's just enjoying laying there, or something to that effect that, again, didn't make sense. And I said, if you are couldn't even considering doing CPR, then you need to call 911. And he hung up on me. 

 

Penny  26:02

ADA Malcor references the screenshot again to see if the witness recalls the outgoing call after that. 

 

Adrianne Leonard  26:11

I did. I was really concerned. 

 

ADA Malcor  26:13

Okay, so did you call back at 11:39? 

 

Adrianne Leonard  26:17

I did. I called back to see if he had called 911. I was worried. I in fact, went and spoke with my nurses in the emergency room. I was so concerned like, should I call 9111? 

 

ADA Malcor  26:29

If you had called 911, would you have known what to tell them?

 

Adrianne Leonard  26:34

At that time. I did not know where Clark lived. I didn't know where they were. And I wasn't able to tell them anything other than somebody somewhere may be in trouble. So I decided at that time, it wouldn't help to call them and so I called him back to see if he had called. Because I was worried that because because I felt like he was intoxicated, that maybe he wouldn't. 

 

ADA Malcor  27:06

And did he answer when you call him back at 11:39? 

 

Adrianne Leonard  27:10

Yes. 

 

ADA Malcor  27:11

And how did he seem at that time? 

 

Adrianne Leonard  27:14

About the same he was, I asked him if he had called 911. And he was irritated with me and told me that she was fine. And I pressed and said if you know she's fine, then why did you call me? And like somewhere in between there? That's when he was like, he said something outside of his mouth again? Like I mean, I mean, she's kind of just gurgling a little bit. And then I brought up something from our past his, his friend died of an overdose, which is what I was assuming what was going on at the time. And I said, I realize you are drunk or whatever, and you're scared. I said but you need to call and get her some help. Don't you let what happened to Trey happen to her. And he got agitated with me again. And that's when I said Well, he was like, she's fine. I said, well, if she's so fine, then Why did you call me. He said, I called you as a respiratory therapist. And you're right down the road. And again, I didn't know at that time, and I was at work. But

 

ADA Malcor  28:19

you remember how that conversation ended? The one where you called him? 

 

Adrianne Leonard  28:24

Yes. He he hung up on me again. He said I called you as respiratory therapist, and I said, well don't ever call me as a respiratory therapist or anything else again. And that was the end of that conversation. 

 

ADA Malcor  28:37

What time did you get off work? What were your hours that evening?

 

Adrianne Leonard  28:41

I worked 7pm to 7am. So I got off work at 7am and went straight home. And I was making coffee. Whenever my phone rang. It was the GBI and I believe it was Detective Michael asked me to come to the station.

 

ADA Malcor  29:01

While you were at the GBI being interviewed that morning. Did you learn that Marianne had died? 

 

Adrianne Leonard  29:09

Yes, 

 

ADA Malcor  29:10

but when you left detective Maybin, left the sheriff's office, Did you know how Marianne had died? 

 

Adrianne Leonard  29:17

No. 

 

Penny  29:18

Mr. Tucker, in His Cross is asking questions to demonstrate the animosity that may have been present between Marcus and his ex wife and I don't know if you have ever been cross examined by your ex husband's attorney, but I wouldn't wish it on my worst enemy. So I don't, I know he's just doing his job. I don't know if I don't know if it was effective. I don't know if it was necessary. I think she handled herself very well under their circumstances, but I won't be including most of that here. 

 

Mr. Tucker  29:59

You said He called you on this night on May 11?

 

Adrianne Leonard  30:05

Yes. 

 

Mr. Tucker  30:05

And you heard his voice and you knew he messed up on something, correct? 

 

Adrianne Leonard  30:10

Right. 

 

Mr. Tucker  30:11

And you said that he said oh I'm at Clark's house with Marianne, I need help.

 

Adrianne Leonard  30:14

Yes

 

Mr. Tucker  30:15

You were working at the Putnam hospital, right?

 

Adrianne Leonard  30:19

Yes.

 

Mr. Tucker  30:20

 Why didn't you call 911?

 

Adrianne Leonard  30:21

I believe as I said because I did not know where they were or what? Anything to tell them where to go. You know what I wish I had,

 

Mr. Tucker  30:31

 you knew Marcus's phone number, why don't you call Marcus? Why didn't you Give them Marcus's phone number to call them? 

 

Adrianne Leonard  30:36

I don't know didn't occur to me. 

 

ADA Malcor  30:38

Have you been around the defendant when he has been using drugs? Or been under the influence? 

 

Adrianne Leonard  30:44

Yes. 

 

ADA Malcor  30:45

How does he behave? 

 

Mr. Tucker  30:46

And your honor? I did not go into that that would be outside the scope of redirect, I object.

 

Judge Burleson  30:51

Response?

 

ADA Malcor  30:52

he absolutely asked her about questions about them, the two of them hanging out partying. And he asked her about how she knew he was under the influence during the phone call.

 

Judge Burleson  31:04

Overruled

 

ADA Malcor  31:05

How does act?

 

Adrianne Leonard  31:06

It varies, I mean sometimes he acts fun. But usually when, I don't know how it is with other people, but usually when he and I hang out, and we're under the influence, it usually ends up in an in a pretty bad argument, 

 

ADA Malcor  31:24

just a verbal argument, or does it ever get aggressive? 

 

Adrianne Leonard  31:28

He's never been physically violent with me just verbal. 

 

Penny  31:32

There were very few objections during the trial, which I found kind of surprising, but I guess they got all of their arguments out during the pre trial hearings. It's Mr. Tucker's job to create reasonable doubt. And he's trying to make the point that Miss Leonard should have called 911, that there were others on this scene or that Marcus contacted that should have alerted authorities besides Marcus. And perhaps he's trying to insinuate that there's animosity between Marcus and his ex wife, and I'd love for you to show me a divorced couple that doesn't have animosity. But the fact of the matter is, is that what Marcus told the investigators on the body cam footage is very similar to her testimony, people listening bring their own preconceptions about people that have been divorced and what they might be willing to do or not as far as lying on the stand. However, if she were going to lie on the stand, she could have said all kinds of things about Marcus. And she didn't she didn't report that he was violent or aggressive to her whatsoever. She just described a very unhealthy relationship between the two of them. And so it's a very good thing that they are divorced. And to be honest, it is awful for her to be in this situation. And I'm sitting there and I'm thinking to myself, so instead of calling 911, as you're about to hear, Marcus called, and Facebook messaged and texted several women to try to seek their assistance or to drag them into this horrific scene, regardless of what you end up believing about why he did or did not call 911. It absolutely contributed to this tragedy. The next witness that the state calls is a childhood friend of Marcus's and she's also a respiratory therapist, and we're getting into the testimony that she received a text at 12:01am and it says, Marcus, I need you and that was from Clark's phone. So we have to assume that's why he put his name in there. In other words, he's trying to say this is Marcus, I need you. And she texted him back saying she's in the bed and doesn't hear anything back until 12:25am. The text message comes in and it says Marianne not full conscious, and it spelled C o n XIOUZ. Call me. At that point, The witness had gone to sleep because she had to go to work very early in the morning. So she didn't receive this message until the next day. ADA Malcor is in the middle of asking about a missed call when all of a sudden we hear this [BEEP] it's an emergency tornado warning that comes through on all of our phones and it just takes over the entire courtroom. The judge lets everyone know that Sheriff Massee is going to investigate and the proceedings go on for a little bit before we're told that we're going to evacuate to the basement. This is not my first time being evacuated to a basement for a tornado warning in Milledgeville, Georgia. And let me tell you, I did not want to go. You never know how long you're going to be trapped down there. Everyone is worried about their own safety to some degree and thinking about their family and friends and anyone who's not with him at the time. Judge Burleson accompanies the jury into the basement. And of course, officers are with the defendant and others in the courtroom. We are lining a hallway in the basement and we're stuck there. The sirens are now going off and there's no cell phone service. By the time we get the all clear to go back to the courtroom, Judge Burleson, along with some guidance from Sheriff Massee, decides to adjourn court for the day because some of the jury members were they were feeling distressed by the tornado warning. The next morning, the witness continues her testimony and we learned that she received a voicemail at 1:23am. And this came in on Marcus's phone, which we learned actually is on Maryianne Shockley's account. When they played the voicemail for the majority of it, it sounded like it was when the EMTs or fire rescue actually first arrived. On redirect, we found out that there was a missed call from Clark's phone at 11:59 and review that she received a text message at 12:01 and 12:25. And again that voicemail came in at 1:23am. And when asked by Mr. Tucker, she reported that Marcus was not violent. The next witness is a former EMT and she had met Marcus at yoga. She knew Clark from the yoga studio and formerly she had received marriage counseling from Clark. She would run into Clark about once a week and relevant to the case she received a Facebook message from Clark's account at midnight and it says Marcus call me and in addition from Facebook Messenger, she missed a call at midnight and another at 12:26am. So far we've heard testimony from two respiratory therapists and a former EMT.  Join Patreon at patreon.com/blood town for early access and bonus content. Or leave a rating or review on Apple podcasts, good pods or Spotify. You can visit our website blood town podcast.com or follow us on Facebook or Instagram at blood town podcast and on Twitter at blood town pod