17-18 Full Case (9-18)

Revised: 9/18/17
2017-18 Case Problem
State of Midlands
v.
Dylan Hendricks
BY THE AMTA CRIMINAL CASE COMMITTEE

ALEX BLUEBOND • DAVID BEN-MERRE • LAURA BRAUNSBERG • ANNA ELDRIDGE
DIANE MICHALAK • MICHAEL NELSON • NEAL SCHUETT
Revised: 9/18/17
SYNOPSIS
Authorities have charged Dylan Hendricks with the attempted murder of Kerry Bell-Leon, the
spouse of Carmen Bell-Leon. Carmen and Dylan were engaged in a romantic relationship.
AVAILABLE WITNESSES
• Kerry Bell-Leon, Victim • Jamie Morrison, Uber Driver
• Bailey Bell-Leon, Victim’s Child • Dylan Hendricks, Defendant
• Charley Waters, Street Musician • Ryan Reeves, Pharmacologist
• Morgan Jones, Victim’s Friend • Jordan Smith, Cell Phone Expert
• Detective M. Nichols, Police Officer • F.W. Longfellow, Cell Phone Expert
SUSPECTED ERRORS
Please report any typos or other suspected errors to amta.criminalcase@collegemocktrial.org.
LICENSING FEE FOR INVITATIONAL TOURNAMENTS HOSTS

These case materials are the intellectual property of the American Mock Trial Association. By paying
the School Registration Fee, a school acquires a license to use this case for internal educational
purposes and to compete at AMTA-sanctioned tournaments (that is, Regionals, ORCS, and the
National Championship Tournament). Under AMTA’s Intellectual Property policy, however, this
license does not by itself permit use of these case materials to host an invitational tournament.
Instead, schools wishing to use these case materials to host an invitational tournament must obtain a
separate license to do so. Unlicensed use may result in sanctions. If you have any questions, please
contact AMTA.IP@collegemocktrial.org.
NOTES AND ACKNOWLEDGEMENTS

This case is a work of fiction. Any similarity to real people, companies, physical geographic
locations, trade names, service marks, or copyrighted material is purely coincidental. Although the
Criminal Case Committee has attempted to make the case problem realistic, we have, for the sake of
brevity and competition, oversimplified various matters. Please do not rely on the information
contained in the case problem outside of the mock trial context.
The Committee wishes to thank and acknowledge:

• Sarah Sawtelle, Tyler Buller, Missi Schuett, Margo Rusconi, and Screen Cleaner Depot for
assistance with the exhibits. Naomi Barasch, Pharm.D. for assistance with pharmacokinetics.
Andrew Bluebond, Claire Dressel, Alex Harasty, Alicia Heugel, and Lani Rusconi for
providing their likenesses.
• Toby Heytens, Tyler Buller, Kristofer Lyons, Tom Parker, Justin Bernstein, Mike Gelfand,
Jackie Olson, and Brandon Harper for proofreading the case.
Revised: 9/18/17
SPECIAL INSTRUCTIONS
1. Witness Selection and Captains’ Meeting Procedures. The Captains’ Meeting Form explains
the procedures regarding witness selection, character genders, and characters’ personal traits.
2. Revision Dates. Revision dates do not indicate anything about the history of case documents.
They exist solely to ensure participants use the most recent version at trial. Parties may not use
these dates to introduce facts about the case.
3. Authenticity. Witnesses must acknowledge authorship of any document that purports to be
authored by them and the authenticity of any signature that purports to be theirs. A witness
whose affidavit or report states that the witness is familiar with a particular document must
acknowledge, if asked, that the witness is familiar with that document and that the referenced
document is the same version as the corresponding document in the current case.
4. AMTA Rules 8.9 (Invention of fact) and 8.17 (Admission). The reports of Detective M.
Nichols, Jordan Smith, F.W. Longfellow, and Ryan Reeves, are “affidavits” for the purposes of
AMTA rules 8.9 and 8.17. These witnesses are thus bound by those reports for the purposes of
the invention of fact rule and the reports may not be offered into evidence.
5. Hendricks Materials. Dylan Hendricks does not have an affidavit. Hendricks’s interrogation
(Exhibit 1) is not an “affidavit” for purposes of AMTA Rules 8.9 (Invention of Fact) or 8.17
(Admission). Students playing Hendricks may build their testimony using the interrogation and
other documents in the case. Hendricks (and only Hendricks) may also invent facts outside of
the case documents, but can still be cross examined on those inventions using the interrogation,
exhibits, or other case materials. All inventions of fact by Hendricks must comply with all
AMTA Rules and other special instructions in the case. For example, Hendricks may not deny
that Hendricks gave the answers given in the interrogation or deny having sent any messages
that purport to have been sent by Hendricks.
6. Party Representatives. Hendricks and Detective M. Nichols are the only permissible party
representatives under Rule 615 of the Midlands Rules of Evidence. Kerry Bell-Leon may not
serve as a party representative.
7. Closed-Universe Problem. The only legal material that competitors may mention, or judges
may rely upon, for any purpose are those set forth in the “Relevant Midlands Law.” All
participants must acknowledge such if asked. No argument on lesser-included offenses will be
permitted. The State of Midlands must pursue the charge of Attempted Murder as set forth in
the Indictment and Bill of Particulars. The defense must argue that Hendricks is not guilty of the
charged offense. No affirmative defenses or arguments for lesser culpability are permitted.
8. Fifth Amendment. No witness may refuse to answer any question—and no attorney may
instruct a witness not to respond—based on the witness’s Fifth Amendment rights.
9. Best Evidence Rule Limited to Items in the Case Packet. No attorney may object under
Rule 1002 of the Midlands Rules of Evidence if the “original writing, recording, or photograph”
in question is not among the documents contained in this case packet.
10. Black-and-White Copies. No objection may be raised on the ground that a document, exhibit,
or demonstrative was altered by printing it in black-and-white.
11. Exhibit 4 (Extension Cord). Teams can use an actual extension cord as Exhibit 4. The
extension cord must be 10 feet long. The extension cord must be orange, but the ends of the
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Revised: 9/18/17
extension cord may be a different color. If both teams have an extension cord, the prosecution
team’s extension cord will be used. If either team provides an extension cord, the photograph of
the extension cord does not exist for that round.
12. Exhibit 6 (Key). Teams can use a standard silver-colored door key as Exhibit 6. The key may
be no larger than 1 inch x 2.5 inches and may not be attached to anything. If both teams have a
key, the prosecution team’s key will be used. If either team provides a key, the photograph of the
key does not exist for that round.
13. Exhibit 7 (Purple Gloves). Teams may use purple nitrile disposable gloves as Exhibit 7b. The
gloves must be size large. No competitor may wear Exhibit 7b or ask another competitor to
wear or to attempt to wear Exhibit 7b. No competitor may comment on whether or not the
gloves fit the Defendant or the failure of a competitor to wear (or to attempt to wear) the
exhibit. If both teams have purple gloves, the prosecution’s purple gloves will be used.
14. Exhibit 15 (Tender Profile of Dylan Hendricks). If Dylan Hendricks is called to testify or is
present at counsel table, then the defense team may provide a version of Exhibit 15 that embeds
a photograph of the student playing Hendricks during that round. The photo may not (1)
contradict any facts in the case packet or (2) introduce any facts that the defense will treat as
material. If the defense team provides an edited profile (Exhibit 15c), then that profile will be
the only version of Exhibit 15 available for use in the trial and the defense team must provide
Exhibit 15c for use by the prosecution team at any time. If Dylan Hendricks is called or present
at counsel table and Defense does NOT provide Exhibit 15c, then Exhibit 15d will be the only
version of Exhibit 15 for use at the trial. If Dylan Hendricks is not called or present at counsel
table, then Exhibit 15a will be used if Dylan Hendricks is female and Exhibit 15b will be used if
Dylan Hendricks is male.
15. Characteristics as Material Inventions. First, while teams may employ distinctive speech
characteristics to develop a character, teams may not use such speech characteristics to invent
material facts. This Instruction does not prohibit asking a witness questions regarding the
witness’s certainty of a voice identification. Second, no competitor may imply in examination or
argument that the student playing Hendricks lacked the physical or mental capacity to carry out
the alleged crime. Third, no student portraying Kerry Bell-Leon may indicate, verbally or
through costuming, that they have suffered any long-term mental or physical illnesses or injuries
as a result of the alleged July 2017 attack. This Instruction applies both to examination of
witnesses and opening statements/closing arguments.
16. Time Limits. Should a team wish to publish part or all of a document by reading it onto the
record, the time spent reading shall be deducted from the publishing team’s total 25-minute
direct or cross time, depending on whether the reading occurs during the publisher’s case-in-
chief or that of the other team. Publication may not occur before opening statements or after
the defense team closes its case-in-chief.
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Revised: 9/18/17
AVAILABLE CASE DOCUMENTS
Legal Documents
1. Indictment and Bill of Particulars
2. Stipulations
3. Orders on Motions in Limine
4. Discovery Responses
5. Relevant Midlands Law
6. Jury Instructions
Witness Materials
1. Affidavit of Kerry Bell-Leon
2. Affidavit of Morgan Jones
3. Affidavit of Bailey Bell-Leon
4. Affidavit of Charley Waters
5. Affidavit of Jamie Morrison
6. Incident Report and Officer Affirmation Statement of Detective M. Nichols
7. Report of Jordan Smith
8. Report of F.W. Longfellow
9. Report of Ryan Reeves
Revised: 9/18/17
EXHIBIT LIST
1. Interrogation of Dylan Hendricks 20. June 22, 2017 Tender Messages

2. Notice and Waiver of Miranda Rights between Carmen Bell-Leon and Dylan
3. Transcript of Preliminary Hearing for Hendricks
Pat Sikorsky 21. June 23, 2017 Tender Messages
4. Extension Cord between Carmen Bell-Leon and Dylan
5. Photograph of Gun Hendricks
6. Key 22. June 25, 2017 Tender Messages
7. Purple Gloves between Carmen Bell-Leon and Dylan
a. Photograph of Purple Gloves Hendricks
b. Purple Gloves Collected from 23. June 26, 2017 Tender Messages
Hendricks’s Sink between Carmen Bell-Leon and Dylan
8. Photograph of Everest Pills Hendricks
9. Map of Downtown Midlands City 24. June 29, 2017 Tender Messages
10. Floor Plan of the Bell-Leon Residence between Carmen Bell-Leon and Dylan
11. Bell-Leon Family Calendar, July 2017 Hendricks
12. Prenuptial Agreement 25. July 2, 2017 Tender Messages between
13. Photo of Condo Building (Day) Carmen Bell-Leon and Dylan
14. Photo of Condo Building (Night) Hendricks
15. Dylan Hendricks’s Tender Profile 26. July 16, 2017 Tender Message
a. Female Picture between Carmen Bell-Leon and Dylan
b. Male Picture Hendricks
c. Team-Provided Picture 27. Tender Messages between Carmen
d. Soup Picture Bell-Leon and Paris Harmon
16. Carmen Bell-Leon’s Tender Profile 28. Text Messages between Carmen Bell-
a. Female Picture Leon and Jesse Reynolds
b. Male Picture 29. Threat Letter
17. June 17, 2017 Tender Messages 30. Uber Receipt for Dylan Hendricks
between Carmen Bell-Leon and Dylan 31. Firing Range Receipt
Hendricks 32. Souper Soups Receipt
18. June 18, 2017 Tender Messages 33. Transaction Data for Souper Soups
between Carmen Bell-Leon and Dylan 34. Food Truck Permit
Hendricks 35. Application for Food Truck Permit
19. June 20, 2017 Tender Messages 36. Citation
between Carmen Bell-Leon and Dylan 37. Record of Conviction of Dylan
Hendricks Hendricks
38. Cell Tower Data
39. Cell Phone Tower Map
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And now we have mock trial scholarships for outstanding undergraduate competitors.
Visit www.drexel.edu/kline or email trial@drexel.edu.

Revised: 9/18/17
Captains’ Meeting Form

Before receiving ballots, teams must turn in one completed copy of this form to the AMTA
Representative. Participants may not view (or attempt to view) the form for any trial in which their
team does not compete. All selections are final and binding once announced.
Room Number: _________________ Round: 1 2 3 4
The Captains’ Meeting proceeds in the following order:
1. WITNESS SELECTION. Only the Prosecution may call Kerry Bell-Leon, Morgan Jones,
Jordan Smith, and Detective M. Nichols. Only the Defense may call Dylan Hendricks, Jamie
Morrison, Ryan Reeves, and F.W. Longfellow. Either side may call Bailey Bell-Leon and/or
Charley Waters. First, the prosecution must announce whether it will call Jordan Smith. If:
a. The prosecution calls Jordan Smith,
i. The defense must call F.W. Longfellow;
ii. The remaining witnesses are selected in the following order: P-D-P-D.
b. The prosecution does not call Jordan Smith,
i. The defense cannot call F.W. Longfellow;
ii. The remaining witnesses are selected in following order: P-D-P-D-P-D.
2. CALL ORDER. Fill in the order in which the witnesses will testify.
Prosecution Witness Selections Defense Witness Selections

Witness Name Call # Witness Name Call #
3. GENDERS. First, if the prosecution calls Kerry, the prosecution announces Carmen’s gender;
otherwise, the defense announces Kerry and Carmen’s gender. The genders of Bailey and Charley
will be determined by the side calling the witness. If a witness will not be called, the prosecution will
determine the gender of that witness. Second, the genders of the testifying witnesses are announced.
Prosecution (M/F) Defense (M/F) Other (M/F)
Kerry Bell-Leon D. Hendricks Carmen Bell-Leon
Det. M. Nichols Jamie Morrison Charley Waters
Morgan Jones Ryan Reeves Bailey Bell-Leon
Jordan Smith F.W. Longfellow
4. EXHIBITS AND DEMONSTRATIVES. Teams planning to use Exhibit 4, 6, 7(b), or 15(c),

enlargements of any exhibit in the case packet, or any demonstrative aid within the meaning of
AMTA Rule 1.2(j) must show those exhibits to the other team during the Captains’ Meeting so that
any concerns may be brought to the attention of the AMTA Representatives.
MIDLANDS CITY DISTRICT COURT
POLK COUNTY, MIDLANDS
STATE OF MIDLANDS * CASE NO.: CR17-07-0993

Plaintiff *
v. *
*
DYLAN HENDRICKS *
Defendant *
NOTICE OF INTENT TO OFFER CHARACTER EVIDENCE
The parties give notice of their intention to offer character evidence as follows:
1. ___ The defendant will offer evidence under Rule 404(A)(2)(a) of the following traits
of his/her own character: _______________________________________ and
understands that, in lieu of rebuttal witnesses, the prosecution may offer rebuttal
evidence of those same traits of character during its case in chief.
2. ___ The prosecution will offer evidence of prior crimes, wrongs, or acts under Rule
404(B)(2).
3. ___The defendant will offer opinion and/or reputation evidence of a prosecution

witness’s character for truthfulness/untruthfulness under Rule 608(a) and understand
that, in lieu of rebuttal witnesses, the prosecution may rebut this evidence during its
case in chief. The defendant intends to offer evidence under this rule about the following
witnesses: .
Signed:
_________________________, Attorney for Dylan Hendricks
_________________________, Attorney for the State of Midlands
NOTE TO JUDGES: Parties may offer evidence of the character of a person during
their case in chief, consistent with the Midlands Rules of Evidence.

Plaintiff *
v. *
*
DYLAN HENDRICKS *
Defendant *
INDICTMENT AND BILL OF PARTICULARS
STATE OF MIDLANDS,
COUNTY OF POLK, SS:
In the Year 2017
THE JURORS OF THE GRAND JURY OF THE STATE OF MIDLANDS, within

and for the body for the County aforesaid, on their oaths, in the name and by the
authority of the State of Midlands, do find and present that:
COUNT ONE
ATTEMPTED MURDER
On or about July 16, 2017, in Polk County, Midlands, Dylan Hendricks did purposely or
knowingly engage in conduct which if successful would have caused the death of another
person, which constitutes the offense of ATTEMPTED MURDER, a Felony of the First
Degree, in violation of Midlands Penal Code 903.02, and against the peace and dignity
of the State of Midlands. To wit: Dylan Hendricks used an extension cord and/or a gun
in an attempt to cause Kerry Bell-Leon’s death.
D. Hoy
D. Hoy (009920)
PROSECUTING ATTORNEY
A TRUE BILL
K. Lazerus
FOREPERSON, GRAND JURY
Revised: 9/18/17


Plaintiff *
v. *
*
DYLAN HENDRICKS *
Defendant *
STIPULATIONS
1. Both parties agree that Carmen Bell-Leon is unavailable to testify. U.S. Customs and
Border Patrol confirms that Carmen Bell-Leon left the United States bound for
Ecuador on July 2, 2017 and has not returned. Extradition efforts have been
unsuccessful. An arrest warrant has been issued for Carmen Bell-Leon for the
attempted murder of Kerry Bell-Leon.
2. Kerry Bell-Leon was admitted to Midlands City Hospital at 12:25 A.M. on July 17,
2017 and treated for injuries consistent with a recent strangulation attempt. Kerry
Bell-Leon was of normal mental health. Kerry Bell-Leon has not been treated for any
other physical or mental illnesses or injuries related to the events of July 16-17, 2017.
3. A toxicology screen performed at Midlands City Hospital indicates that there was 7.6
mg/L of cathiones methylene (a drug known as “Everest”) in Kerry Bell-Leon’s
bloodstream at 1:00 AM on July 17, 2017.
4. Exhibit 5 is a picture of a gun manufactured by AD Baker & Co., Inc. that was
lawfully owned by and registered to Kerry Bell-Leon. Since July 17, 2017, the
Midlands Police Department has maintained custody of the handgun. Neither party
may fault the other for the absence of the actual gun from this trial.
5. All parties and witnesses are of at least normal intelligence.
6. The parties and witnesses waive all objections arising under the U.S. Constitution.
7. Chain of custody was properly documented for all exhibits, and all exhibits have been
properly preserved prior to trial.
8. Other than issues related to MRE 404, 405, 608, and 609, any and all notice
requirements and/or other discovery obligations pursuant to the Midlands Rules of
Evidence and Midlands Rules of Criminal Procedure have been satisfied by all
parties.
9. Exhibits 15 and 16 are fair and accurate representations of the sole Tender profiles
used and created by Carmen Bell-Leon and Dylan Hendricks.
10. Exhibit 1 is a fair and accurate representation of Hendricks’s interrogation. The
following exhibits were shown to Hendricks and correctly identified by Hendricks
during that interrogation: Exhibits 17-26, 30, 31, 32, 33, 34, 35, and 36.
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Revised: 9/18/17
11. The excerpt from Kerry and Carmen Bell-Leon’s prenuptial agreement (Exhibit 12) is
a fair and accurate copy of that portion of the prenuptial agreement. No other parts
of the prenuptial agreement are relevant. The parties waive objections to Exhibit 12
on the basis that it is incomplete.
12. The pills in Exhibit 8 are the drug cathiones methylene, also known as “Everest.”
They were found in Kerry’s front right pocket at Midlands City Hospital on July 17,
2017. “Everest” is a controlled substance for the purposes of Midlands Penal Code
§925.11
13. Exhibit 31 is an authentic receipt from DeRosa’s firing range that was automatically
created by the cash register. A manager at the firing range identified and described
Exhibit 31 after being shown the receipt by the police.
14. No physical, emotional, or verbal abuse ever occurred between Carmen and Kerry
Bell-Leon.
15. No physical, emotional, or verbal abuse ever occurred between Dylan Hendricks and
any member of law enforcement.
16. Carmen Bell-Leon is 34 years old. Kerry Bell-Leon is 38 years old. Dylan Hendricks
is 34 years old.
17. Exhibit 27 is a fair and accurate representation of Tender Messages exchanged
between Carmen Leon and Paris Harmon. Exhibit 28 is a fair and accurate
representation of text messages exchanged between Carmen Leon and Jesse
Reynolds. Paris Harmon and Jesse Reynolds were not in the state of Midlands on
July 16, 2017 or July 17, 2017.
18. Pat Sikorsky died on September 3, 2017 and is unavailable for trial. Exhibit 3 is fair
and accurate transcript of Pat Sikorsky’s testimony at an August 7, 2017 preliminary
hearing.
19. For the convenience of the parties, witnesses, court, and jury, all exhibits have been
pre-labeled and pre-numbered. Those numbers will be used for all purposes at trial
regardless of which party first offers the exhibit or the order in which the exhibits are
offered.
2
Revised: 9/18/17


Plaintiff *
v. *
*
DYLAN HENDRICKS *
Defendant *
ORDER ON MOTIONS IN LIMINE
This matter is before the Court on several pre-trial motions filed by the State of
Midlands and Defendant. The Court rules on the following issues and reserves ruling on
all other evidentiary issues until proper objection at trial. The rulings set forth herein
may not be revisited at trial.
Preemptory Character Evidence

The court first faces a pretrial motion by the State of Midlands to compel notice from
defendant, Dylan Hendricks, of any character evidence of the accused or of the victim
that Defendant intends to offer under Mid. R. Evid. 404(a). Defendant objected to the
State’s request for notice.
In other jurisdictions, if the Defense elected to introduce character evidence under Mid.
R. Evid. 404(a)(2), the Prosecution would be afforded the opportunity to offer rebuttal
witness testimony following Defense case-in-chief. However, for better or worse,
Midlands’ focus on judicial economy has created a unique local rule that prohibits the
State from calling rebuttal witnesses. Therefore, this Court GRANTS the State’s motion
to compel and orders as follows:
1. Defendant must provide the State of Midlands with notice of any intent by
defendant to offer evidence of the character of Defendant or victim
pursuant to R. 404(a)(1). Defendant must indicate the specific traits of
character intended to be pursued.
2. Upon receipt of notice by Defendant that Defendant intends to offer
evidence under R. 404(a)(2), the State of Midlands may elect to pursue
“preemptory rebuttal evidence” of competing traits during its case-in-
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Revised: 9/18/17
chief. If defendant does not provide notice of its intent to offer R.

404(a)(2) evidence, neither party may introduce such evidence at trial.
3. The State of Midlands must, as always, offer similar notice to defendant
regarding its intent to offer any evidence of prior crimes, wrongs, or acts,
pursuant to R. 404(b).
Admissibility of Ryan Reeves’s Testimony

The court held an evidentiary hearing regarding a pretrial motion by the State to strike,
and therefore completely exclude, the testimony of Ryan Reeves under Tarot Readers
Assoc. of Midlands v. Merrell Dow (1994). The Court finds that Ryan Reeves possesses
substantial training, experience, and skills in the field of pharmacology. For the reasons
discussed at the hearing, this Court will not exclude Ryan Reeves’s conclusions
regarding the pharmacokinetic effects of the drug cathiones methylene, also known as
“Everest,” pursuant to Tarot Readers v. Merrell Dow. The State’s motion is DENIED.
Other objections to the testimony of Ryan Reeves may still be made at trial.
Admissibility of Interrogations
The Court additionally considered a pretrial motion by Defendant to exclude the
interrogation of the Defendant on constitutional grounds. This Court finds that (1) the
interrogation was conducted in a manner that did not infringe upon Defendant’s
constitutional rights; (2) the interrogation appropriately ceased immediately at the
point where Defendant’s constitutional right to counsel was affirmatively and clearly
invoked; and (3) Defendant knowingly and voluntarily waived all Fifth Amendment
rights during the interrogation. Accordingly, the Court DENIES Defendant’s motion. At
trial, Defendant’s interrogation may be read onto the record by counsel for either party
or through a witness without additional foundation and at any point once the record is
open. However, parties may object to particular parts of the interrogation on other
evidentiary grounds.
Child Competency to Testify

This matter came before the Court upon motion challenging the competency of Bailey
Bell-Leon in light of Bailey Bell-Leon’s age. This Court saw no evidence of any
physiological, psychological, developmental, or any other concerns that would prevent
2
Revised: 9/18/17
Bailey Bell-Leon from testifying under oath at trial. This Court hereby finds Bailey Bell-
Leon competent to testify.
Motion to Exclude Gunshot Residue

Defense moves to exclude all evidence regarding gunshot residue under MRE 403. The
Court GRANTS that motion because there is insufficient evidence to link the gunshot
residue found by the forensic examiners to the crime of which Defendant is accused.
Thus, the prosecution may make no mention of gunshot residue during trial. However, if
the Defense raises the lack of gunshot residue as part of its case, the Defense has
“opened the door” to rebuttal gunshot residue evidence. The prosecution may then read
related portions of the Preliminary Hearing Testimony of Pat Sikorsky onto the record.
E. V. Sophia
Hon. E. V. Sophia
3
Revised: 9/18/17


Plaintiff *
v. * STATE’S INITIAL DISCOVERY
* RESPONSE TO DEFENDANT’S
DYLAN HENDRICKS * MOTION FOR DISCOVERY
Defendant *
Now comes the Midlands City Prosecuting Attorney, who provides the following
attached discovery, described below:
Request 1: All statements of the Defendant.
Response: Responsive documents are attached and labeled “Interrogation of Dylan

Hendricks” (Exhibit List, 1); “Notice and Waiver of Miranda Rights” (Exhibit List 2);
“Dylan Hendricks’s Tender Profile (Exhibit List, 15); “Tender Messages between
Carmen Bell-Leon and Dylan Hendricks” (Exhibit List, 17-26). The City Prosecutor
does not possess any other documents responsive to this request.
Request 2: Defendant’s Prior Criminal Record.
Response: Defendant’s criminal record is attached as “Record of Conviction for Dylan

Hendricks” (Exhibit List, 37). The City Prosecutor does not possess any other
documents responsive to this request.
Request 3: Any books, papers, documents, recordings, data, photographs, tangible

objects, building or location photos or diagrams, within the state’s possession and/or
control. This request extends to any of the same items in the control or possession of
the Midlands Police Department.
Response 3: The City Prosecutor’s Office has a policy of “open file discovery.” The
Defendant’s counsel may freely inspect all documents within the control of the
Prosecutor’s office, whether or not such documents or objects would be able to aid in
the defense. As such, the Prosecutor’s Office has turned over all documents, objects,
photographs and materials responsive to this request. A list of exhibits and evidence is
attached. (Exhibit List, 1-39). Additionally, Defense Counsel was permitted to inspect
the entire file of the City Prosecutor and has agreed that all existing material in
possession of the City Prosecutor and Midlands Police Department has been disclosed.
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Revised: 9/18/17
Request 4: Expert Testimony. Defendant has requested a list of names, addresses,

qualifications, conclusions, and reports prepared by anyone the prosecution believes
will be used at trial.
Response 4: The “Transcript of Preliminary Hearing for Pat Sikorsky” is attached.

(Exhibit List, 3). The Expert Report of Jordan Smith, and all documents created by
Detective M. Nichols. These documents represent the entirety of any conclusions
reached by expert witnesses for the Prosecution.
Request 5: Any other documents in the prosecution’s possession or control that the
prosecution contemplates using at trial.
Response 5: The prosecution has permitted the defendant to review and copy all
documents, witness statements, and evidence in its possession and control, including
the affidavits of Kerry Bell-Leon, Morgan Jones, Charley Waters, and Bailey Bell-
Leon.
Request 6: Any evidence, exhibits, or materials that could exonerate Defendant or assist
in his or her defense, including any impeachment evidence, known as “Brady Evidence”.
Response 6: The prosecution does not believe there are any exonerating documents
responsive to this request and there is no impeachment evidence (plea deals, conviction
records of testifying witnesses, or alternate suspects) within the possession of the
prosecutor’s office. In an abundance of caution, however, the prosecution has
disclosed all evidence it has obtained through investigation in this case and provided
all witness statements in its possession.
In addition to these requests, the Prosecution and Defense counsel have agreed to share
witness lists and show any new enlargements and/or new demonstrative aides to the
respective opposing party. This exchange of witness lists and enlargements and
demonstrative aides will occur in a meeting among counsel just prior to the start of trial.
The City Prosecuting Attorney does not currently possess any additional evidence
relating to this case.
The City Prosecuting Attorney also makes a reciprocal demand for discovery.
NOTICE
The undersigned represents that the foregoing list of evidence will be considered as
notice of intent to use such evidence in this case in chief at trial, as requested.
D. Hoy
D. Hoy
Midlands City Prosecutor
2
Revised: 9/18/17


Plaintiff *
v. * DEFENDANT’S INITIAL DISCOVERY
* RESPONSE TO STATE’S
DYLAN HENDRICKS * MOTION FOR RECIPROCAL
Defendant * DISCOVERY
Now comes Defendant, by and through Defendant’s counsel of record, who provides the
following attached discovery, described below:
Request 1: Any books, papers, documents, recordings, data, photographs, tangible

objects, building or location photos or floorplans, within the Defendant’s possession
and/or control that defendant counsel believes would be used at trial.
Response 1: Defendant objects to the extent it includes any conversations between

Defendant and Defense counsel. Defendant further responds that all responsive
documents, evidence, and photos are included in Exhibit List 1-39. Defendant does not
possess and is not aware of any other relevant documents, evidence, or photographs.
Nothing in this response should be construed to limit Defendant’s ability to use
enlargements or demonstrative aids at trial pursuant to the joint agreement of counsel
for both parties to exchange all demonstrative aides on the day of trial.
Request 2: Expert Testimony.
Response 2: The Expert Report of F.W. Longfellow and the Expert Report of Ryan
Reeves have been turned over to the prosecutor’s office. These documents represent the
entirety of any conclusions reached by expert witnesses for the Defense.
Request 3: Any other documents in the defendant’s possession or control that the
defense contemplates using at trial.
Response 3: Exhibit List 1-39 includes all physical documents and evidence for the
Defendant. Defendant has also provided a witness statement for Jamie Morrison.
NOTICE
The undersigned represents that the foregoing list of evidence will be considered as
notice of intent to use such evidence in this case in chief at trial, as requested.
M. Pohlmann
M. Pohlmann
Defense Counsel
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Revised: 9/18/17
RELEVANT MIDLANDS LAW
The statutes and cases listed below, along with the Midlands Rules of Evidence, are the
only legal authorities that may be cited in trial.
Applicable Provisions from Midlands Penal Code
Midlands Penal Code §903.02 Murder

(A) No person shall purposely or knowingly cause the death of another.
(B) Whoever violates this section is guilty of murder, a felony of the first degree, and
shall be punished as provided in §929.02 of the Midlands Penal Code.
Midlands Penal Code §923.02 Attempt to commit an offense

(A) No person, purposely or knowingly, shall engage in conduct that, if successful,
would constitute or result in an offense.
(B) It is no defense to a charge under this section that, in retrospect, commission of
the offense that was the object of the attempt was either factually or legally
impossible under the attendant circumstances, if that offense could have been
committed had the attendant circumstances been as the actor believed them to
be.
(C) Whoever violates this section is guilty of an attempt to commit an offense. An
attempt to commit aggravated murder, murder, or an offense for which the
maximum penalty is imprisonment for life is a felony of the first degree. An
attempt to commit any other offense is an offense of the next lesser degree than
the offense attempted.
Midlands Penal Code §913.02 Theft

(A) No person, with purpose to deprive the owner of property or services, shall
knowingly obtain or exert control over either the property or services in any of
the following ways:
(1) Without the consent of the owner or person authorized to give consent;
(2) Beyond the scope of the express or implied consent of the owner or person
authorized to give consent;
(3) By deception;
(4) By threat;
(5) By intimidation.
(B) Whoever violates this section is guilty of theft, a misdemeanor of the first degree
punishable by up to 180 days in jail.
Midlands Penal Code §925.11 Drug Abuse

(A) No person shall knowingly obtain, possess, or use a controlled substance or a
controlled substance analog.
(B) Whoever violates division (A) of this section is guilty of possession of drugs, a
misdemeanor of the first degree.
1
Revised: 9/18/17
Relevant Cases
All cases are rulings of the Midlands Supreme Court, the highest court in Midlands,
unless otherwise specified.
Basis of Evidentiary Rulings
Zomerfeld v. Noto (2012)

Pursuant to Midlands Rules of Evidence 104(a), when evaluating the admissibility of
evidence, a trial court is permitted to rely on both admissible and inadmissible evidence.
The use of underlying inadmissible evidence does not make that inadmissible evidence
admissible. Instead, the court is merely permitted to consider the underlying inadmissible
evidence in order to assess the admissibility of the offered evidence. In a jury trial, the
jury may not always be privy to the underlying facts used to determine what evidence is
admissible, but the Court may hear it. Previous upheld examples of this in Midlands
include using character evidence to make a ruling on hearsay exceptions, using hearsay to
make a ruling on character evidence, and using hearsay to decide whether an expert has
adequate foundation to testify.
Burden of Proof
State v. Monarch (1904)

In a criminal case, the burden of proof is on the State and never shifts to the defendant.
The burden of proof in a criminal case is beyond a reasonable doubt with respect to each
and every element of the offense(s) alleged.
State v. Sarobe (1981)

Per State v. Monarch, the State’s burden of proving its case beyond a reasonable doubt
applies to each and every element of the crime charged. This burden, however, does not
operate on the many subordinate, evidentiary, or incidental facts as distinguished from
proof of the elements of the crime or of an ultimate fact. Where, however, the State relies
in whole or in part on circumstantial evidence to prove an element of a crime, although
each link in the chain of evidence to support it need not be proven beyond a reasonable
doubt, the cumulative impact of that evidence must, in order to support that inference,
convince the finder of fact beyond a reasonable doubt that the element has been proven.
2
Revised: 9/18/17
State v. Vargas and Field (2015)

A criminal defendant is never required to present evidence or even offer an alternative
theory of the crime. If a defendant does so, however, a prosecutor may comment upon the
failure of the defense to offer evidence in support of its theory of the case. Moreover, such
comments do not imply that the burden of proof has shifted to the defense, nor do they
necessarily constitute an infringement on the defendant's exercise of his Fifth Amendment
right to remain silent.
State v. Matthys (2016)

Revisiting State v. Vargas and Field, the court reiterated that during a closing argument,
a prosecutor may not suggest that the defendant needed to provide evidence in order to be
found not guilty.
State v. Soderberg (2017)

Revisiting State v. Vargas and Field, the court reminded counsel that during cross
examination, prosecutors may call into question the existence of documents that the
defendant purports to exist but has not produced for trial. In addition, it is not improper
“burden-shifting” for the prosecutor to point out through cross-examination that the
defendant has not produced documents or evidence to support a theory or argument that
has been advanced by the defense. However, the prosecutor may not suggest during cross
examination that the defendant had an affirmative duty to produce any documents in
order to be found not guilty.
Trial Procedures
State v. Nelson (2002)

Even if the State elects not to discuss at trial a particular charge or element included in its
indictment or bill of particulars, the defendant still may present evidence to rebut that
charge or element. The State may not argue irrelevance of the defendant's evidence based
on the State's electing not to present evidence supporting that charge at trial.
Kleynman v. Corrado (1945)

Unlike other jurisdictions, the victim in a criminal case in Midlands can be sequestered
under Midlands Rule of Evidence 615.
3
Revised: 9/18/17
Evidence
Richey v. Bartlett (2002)

In all trials, fact finders may rely on both direct and circumstantial evidence. Direct
evidence is testimony by a witness about what that witness personally did, saw, or heard.
Circumstantial evidence is indirect evidence from which the fact finder may infer that
another fact is true. Neither type of evidence should be given categorically more weight
than the other.
Roytman v. Zadie & Zoe’s Pet Supplies (2000)

Midlands’ Circuit Courts are not bound by the rulings of their sister Circuit Courts in
other counties; however, the decisions of sister Circuit Courts in other counties have
persuasive value.
State v. Class (Midlands Cir. Court Breckinridge County 2013)

The defendant was charged with murder and the prosecution offered evidence that an
alleged co-conspirator, who is being tried separately, previously attempted to kill the
victim without the defendant’s involvement. The defendant objected under Rule 403. The
Court excludes this evidence because the probative value of the motive of an alleged co-
conspirator is substantially outweighed by the danger for unfair prejudice caused by the
potential for the jury to associate the co-conspirator’s independent actions with the
defendant.
State v. Sommers (Midlands Cir. Court Fairfax County 2015)

The defendant was charged with armed robbery of a bank and the prosecution attempted
to offer evidence that a co-conspirator, who is being tried separately, plotted to rob the
same bank with individuals who were not involved in the alleged robbery in question.
Defendant objected under MRE Rule 403. The court overrules the objection because the
probative value of evidence that the co-conspirator had a plan to rob the bank is not
substantially outweighed by any unfair prejudice to the defendant.
Credibility
State v. Lowe (1985)

A criminal defendant’s decision to exercise the constitutionally protected right not to
testify in his or her own defense may not be commented upon by the State either explicitly
or implicitly. However, if the defendant does choose to testify, his or her credibility is to be
judged like that of any other witness.
4
Revised: 9/18/17
State v. Poole (2014)

Generally, it is improper for the prosecutor to comment at trial upon a
defendant's invocation of his or her privilege against self-incrimination. This rule extends
to a prosecutor’s comment on a defendant’s refusal to answer police questions or decision
to invoke his or her right to counsel during an investigation.
Expert Witness Testimony
Davis v. Adams (1993)

Under the Midlands Rules of Evidence, trial judges must ensure that any and all scientific
testimony or evidence admitted is not only relevant but reliable. In determining whether
expert testimony is sufficiently reliable to be admitted, judges should consider only the
methods employed and the data relied upon, not the conclusions themselves.
Tarot Readers Association of Midlands v. Merrell Dow (1994)

In assessing reliability under Davis v. Adams, judges should consider, among other
factors, whether the theory or technique has been or can be tested, whether it has been
subjected to peer review and publication, whether it has a known error rate, and whether
it has gained widespread acceptance within the field. These factors, while relevant, are not
necessarily dispositive. For example, lack of publication does not automatically foreclose
admission; sometimes well-grounded but innovative theories will not have been published.
Indeed, there is no definitive checklist in making a preliminary assessment of whether
reasoning or methodology underlying expert testimony is scientifically reliable. Judges
must make such assessments based on the totality of the circumstances, and the
proponent of such expert testimony must meet the threshold proof requirement by a
preponderance of the evidence.
Richards v. Mississippi BBQ (1997)

Midlands Rule of Evidence 703 does not afford an expert unlimited license to testify or
present a chart in a manner that simply summarizes the testimony of others without first
relating that testimony to some “specialized knowledge” on the expert’s part as required
under Midlands Rule of Evidence 702. The court must distinguish experts relying on
hearsay to form scientific conclusions from conduits who merely repeat what they are told.
The testimony of the former is admissible; that of the latter is not.
5
Revised: 9/18/17
Hearsay
America’s Best Cookie v. International House of Waffles (2009)

Although practices may be different in other jurisdictions, in Midlands it is entirely
possible for an out-of-court statement by a person who is or will be testifying in a
particular trial to be excluded by the general rule against hearsay. Subject to Rule 801(d),
hearsay is any out-of-court statement offered to prove the truth of the matter asserted in
the statement. And although the Midlands Rules of Evidence contain a variety of
exceptions to the rule that hearsay is generally inadmissible, there is no categorical
principle permitting receipt of any out-of-court statement simply because the person who
made that out-of-court statement is or will be a witness in the trial.
State v. Capaldi (1987)

In a criminal case, a police officer is not considered a “party opponent” for the purpose of
admissibility of a statement made by that officer under Midlands Rule of Evidence
801(d)(2). This does not preclude the admissibility of the officer's statement under other
applicable provisions of the Midlands Rules of Evidence.
State v. Compton (2012)

The business-records hearsay exception of Midlands Rule of Evidence 803(6) cannot be
used as a “back door” to introduce evidence that would not be admissible in a criminal case
under the public-records hearsay exception of MRE 803(8)(ii). Thus police reports, which
are specifically excluded from MRE 803(8) in a criminal case, are not admissible as
business records under MRE 803(6) to prove the truth of matters contained therein.
Illiadis v. State (1987)

Midlands Rule of Evidence 801(d)(2) may be invoked in only one direction in a criminal
case. Specifically, Rule 801(d)(2) permits the State to offer statements by a criminal
defendant. The rule does not permit a defendant to offer statements from him- or herself.
This rule remains the same even if the State has already elicited out-of-court statements
by a defendant during a preceding examination subject to Rule 106.
State v. Chambliss (1985)

Criminal conspiracy to commit a given crime occurs when a person agrees with another or
others to commit an offense, attempt to commit an offense, solicit the commission of an
offense, or aid another in the planning or commission of an offense.
6
Revised: 9/18/17
State v. Owens (2010)

For a statement to qualify under the hearsay exclusion of Midlands Rule of Evidence
801(d)(2)(E), the proponent must establish the existence of said conspiracy by a
preponderance of the evidence. In addition, the statements may be admitted conditionally
subject to Rule 104, meaning that the proponent of such statements may lay proper
foundation before offering the statements or the trial court may allow the proponent to
admit the statements first and lay the foundation for the predicate conspiracy during the
remainder of the trial. As Rule 801(d)(2)(E) makes clear, proof of conspiracy may be based
in part on the statements themselves, but the proof must also include some independent
corroborative evidence.
State v. Alston-Harmon and Maples (2015)

An individual need not be charged with conspiracy for their statements to qualify under
the hearsay exclusion of Midlands Rule of Evidence 801(d)(2)(E).
State v. Mendoza (2015)

A public record of a criminal conviction is not a police report and, thus, is not excluded by
Midlands Rule of Evidence 803(8)(ii).
Bifurcation
State v. Campbell (2007)

In Midlands, all criminal trials are bifurcated with a guilt phase followed by a penalty
phase. It is improper for an attorney to comment on sentencing or discuss potential
penalties during the guilt phase of the trial. Such conduct is grounds for a mistrial and
may constitute conduct for which sanctions are appropriate.
State v. Parsons (1983)

During the guilt phase of a bifurcated trial, evidence is not relevant if it is directed solely
to the penalty to be given to the defendant if found guilty.
Authentication
Filteau v. Wanek (1992)

As long as the proponent of the statement produces evidence that would permit a
reasonable jury to find that a given person made a particular statement, the court must
assume for the purposes of assessing the statement’s admissibility that the statement was
made by that person.
7
Revised: 9/18/17
Ginger v. Heisman (2015)

Emails or text messages are properly authenticated when the proponent of the evidence
has produced evidence, either direct or circumstantial, that would allow a reasonable jury
to determine the author of the message.
State v. Guliuzza's Franks and Beans, LLC (1977)

Pursuant to Midlands Rule of Evidence 104(a), courts may consider custodial documents,
such as clerks’ certifications or affidavits of records keepers, when determining the
admissibility of other evidence without regard for the admissibility of the custodial
document itself. The custodial document typically only addresses preliminary matters of
admissibility and is not entered into evidence, and thus the court is not bound by the rules
of evidence when considering it. However, if a party wishes to enter the custodial
document itself into evidence, the proper foundation must be laid to establish its
admissibility.
Character Evidence
State v. Delvaux (1986)

Under Rule 404, general evidence as to the defendant’s good character or law-abiding
nature is not admissible. However, under Rule 404(a)(1), a criminal defendant may offer
certain evidence of a “pertinent” character trait. The requirement that evidence be
“pertinent” significantly exceeds the comparably low bar of relevancy. “Pertinence” is a
more exacting standard by which the trait itself must directly relate to a particular
element or facet of the crime charged.
State v. McClain (2010)

MRE 609 does not categorically exclude evidence of a defendant’s prior criminal conviction
punishable by less than one year of imprisonment.
Prior Convictions
State v. Clement (2014)

The prosecution attempted to introduce evidence of a prior conviction of the defendant
under Rule 609. Defendant objected, arguing that the prior conviction of "theft by
deception" only carried a sentence of 4 months and was not a "crime of dishonesty." The
court notes that Midlands had separate charges of "theft" and "theft by deception." In
defendant's prior case, she used a fake ID to gain access to a company's computer room
and steal corporate information. This crime is, by its nature, deceptive and thus could be
considered a "crime of dishonesty." The lower court erred in concluding this evidence was
8
Revised: 9/18/17
inadmissible because of the sentence and charge; therefore, we remand this case back to
the court of criminal appeals to re-evaluate in light of this ruling.
State v. Bitterly (Midlands Cir. Court Breckinridge County 2007)

Where defendant had a prior theft conviction for stealing video games from a store by
taking them off the shelf, putting them in a purse, and walking out, the court concludes
the prior theft conviction was admissible against the testifying defendant for the purpose
of Rule 609. This theft was inherently dishonest because the defendant meant to take the
video games without the store’s knowledge.
State v. Peaches (Midlands Cir. Court Fairfax County 2009)

The trial court erred in allowing evidence of a testifying defendant's conviction for
shoplifting in 2000. In this case, the defendant walked into a liquor store and drank 5
forty ounce bottles of Natural Light beer before leaving the store without paying. While
the defendant's choice of alcohol and openness in stealing the bottles was poor and illegal,
it was not a "dishonest" theft. This court remands this case back to the trial court to
reconsider whether the prior conviction is admissible on other grounds.
State v. Jehl (Midlands Cir. Court Breckinridge County 2015)

In a trial for charges related to manufacturing cocaine, the state argued to admit evidence
of defendant's prior felony conviction for the manufacturing the drug "Everest." Since
defendant was not testifying, defendant argues that the evidence is not admissible. The
state argued that the conviction was necessary to prove that defendant knew how to
manufacture drugs. The trial court erred in admitting the prior conviction. While evidence
may be admissible under one rule when it is not inadmissible under another rule, in this
instance the prior conviction was for manufacturing a different drug and, therefore, not
sufficiently probative to risk the danger of unfair prejudice.
State v. Hunley (Midlands Cir. Court Fairfax County 2017)

The trial court erred when it excluded evidence of a prior conviction of a defendant just
because the defendant did not testify. While Rule 609 does require that the defendant
testify for a prior conviction to be admissible, the trial court failed to consider whether the
conviction would be admissible under other rules, such as character evidence pursuant to
Rule 404.
9

Plaintiff *
v. *
*
DYLAN HENDRICKS *
Defendant *
JURY INSTRUCTIONS (ATTEMPTED MURDER)
The defendant, Dylan Hendricks, is charged with attempted murder in violation

of §903.02 of the Midlands Penal Code. You must find the defendant not guilty unless
you find that the government has proven beyond a reasonable doubt that the defendant
is guilty of attempted murder as set forth in Instruction No. 1.
INSTRUCTION NO. 1: ATTEMPTED MURDER
You will find the defendant, Dylan Hendricks, guilty if, and only if, the government has
proven beyond a reasonable doubt all of the following:
A. The defendant acted purposely or knowingly;
B. The defendant engaged in conduct that, if successful, would constitute or result in
causing the death of another person.
INSTRUCTION NO. 2: STATE OF MIND DEFINITIONS
A. Purpose: A person acts purposefully (intentionally) if he or she acts with the

intent that his/her action causes a certain result. In other words, a defendant
undertakes his/her action either intending for, or hoping that, a certain result
will occur.
B. Knowledge: A person acts knowingly if he or she is aware that his/her conduct
will result in a certain outcome. In other words, a defendant acts knowingly if he
or she is aware that it is practically certain that his/her conduct will cause a
specific result.
1
INSTRUCTION NO. 3: PRESUMPTION OF INNOCENCE
The law presumes a defendant to be innocent of a crime, and the indictment shall not be
considered as evidence or as having any weight against the defendant. You shall find the
defendant not guilty unless you are satisfied from the evidence alone and beyond a
reasonable doubt that the defendant is guilty. If upon the whole case you have a
reasonable doubt as to guilt, you must find the defendant not guilty.
INSTRUCTION NO. 4: RIGHT TO REMAIN SILENT
The defendant is not required to testify, and the fact that a defendant does not testify
cannot be used as an inference of guilt. If, however, a defendant does testify, you shall
judge the defendant’s credibility as you would any other witness.
INSTRUCTION NO. 5: ARGUMENTS AND REMARKS OF COUNSEL
Remarks of the attorneys are not evidence. If the remarks suggest certain facts not in
evidence, disregard those remarks. However, you are to consider carefully the closing
arguments of the attorneys. Ultimately you must draw your own conclusions and decide
your verdict according to the evidence, under the instructions given to you by the court.
INSTRUCTION NO. 6: CREDIBILITY OF WITNESSES
It is the duty of the jury to scrutinize and weigh the testimony of witnesses and to
determine the effect of the evidence as a whole. You are the sole judges of the credibility,
that is, the believability, of the witnesses and of the weight to be given to their
testimony. In determining the credibility of each witness and the weight to give the
testimony of each witness, consider these factors:
A. whether the witness has an interest or lack of interest in the result of this trial;
B. the witness’s conduct, appearance, and demeanor on the witness stand;
C. the clearness or lack of clearness of the witness’s recollections;
D. the opportunity the witness had for observing and for knowing the matters
the witness testified about;
E. the reasonableness of the witness’s testimony;
2
F. the apparent intelligence of the witness;
G. bias or prejudice, if any has been shown;
H. possible motives for falsifying testimony; and
I. all other facts and circumstances during the trial which tend either to support
or to discredit the testimony.
Then give to the testimony of each witness the weight you believe it should receive.
There is no predetermined way for you to evaluate the testimony; instead, you should
use your common sense and experience.
INSTRUCTION NO. 7: EVIDENCE; INTERPRETING EVIDENCE
When making your decision, you may rely on both direct and circumstantial evidence.
Direct evidence is testimony by a witness about what that witness personally did, saw, or
heard. Circumstantial evidence is indirect evidence from which the fact finder may infer
that another fact is true. Neither type of evidence should be given categorically more
weight than the other.
The State’s burden of proving its case beyond a reasonable doubt applies to each and
every element of the crime charged. This burden, however, does not operate on the
many subordinate, evidentiary, or incidental facts as distinguished from proof of the
elements of the crime or of an ultimate fact. Where, however, the State relies in whole or
in part on circumstantial evidence to prove an element of a crime, although each link in
the chain of evidence need not be proven beyond a reasonable doubt, the cumulative
impact of that evidence must, in order to support that inference, convince the finder of
fact beyond a reasonable doubt that the element has been proven.
INSTRUCTION NO. 8: UNANIMOUS VERDICT
The verdict of the Jury must be unanimous as to guilty or not guilty, and be signed by
one of you as Foreperson.
DATE: ___________________ _______________________
JUDGE
3
Revised: 9/18/17
AFFIDAVIT OF KERRY BELL-LEON
1 After being duly sworn upon oath, Kerry Bell-Leon hereby states as follows: I am 38
2 years old and competent to make this affidavit. I am testifying voluntarily and was not
3 subpoenaed or compelled to testify.
4 I live in Midlands City, Midlands. I am a pilot for Midlands Airways. I started
5 flying for the company right after graduating from flight school at the Midlands Institute
6 of Technology. I am based at the East Midlands Airport (XEM).
7 Obviously, my job takes me away from home a lot. I’d be lying if I said that
8 didn’t put a lot of strain on my marriage. My spouse Carmen and I were married in
9 2003. I met Carmen when I was in Tierras Medias, Ecuador for work. We tried dating
10 long distance for a few months, but I knew Carmen needed to move to the United States
11 if this was ever going to work out long-term. In 2002, Carmen moved to Midlands from
12 Ecuador and we got married almost a year later. Our child Bailey was born in 2004 and
13 is now in the eighth grade. We live on the sixth floor (#6A) of the Jaywood Building, a
14 condominium complex in downtown Midlands City on the corner of East and Main.
15 Even after having a child, Carmen and I preferred to live in the city, close to all the
16 restaurants and bars.
17 Things with Carmen were great at first, even though I was traveling a lot. In fact,
18 things were great for almost 14 years. Carmen did not seem to mind how much I was
19 gone. But that changed about four years ago after I got a promotion and started working
20 more hours. When I would come home from a trip, Carmen would complain about how
21 hard it was to take care of Bailey without me around to help. Carmen would also
22 regularly complain about being lonely and say that if I cared about the family, I would
23 find a way to stay home more. Look, I get it. Carmen’s family is in Ecuador. Carmen
24 didn’t know anyone when Carmen moved to Midlands. I would have loved to be around
25 more, but what am I supposed to do? Quit my job? I am a pilot, I love being a pilot, and
26 Carmen knew what Carmen was signing up for when we got married.
27 Speaking of signing up for things, we have a prenuptial agreement. I think that
28 also caused some tension. Exhibit 12 is that prenuptial agreement, and it says that
29 Carmen would basically get nothing if we split up, especially if Carmen had an affair.
30 Also, I’m confident that the court would give me full custody of Bailey if we ever got
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Revised: 9/18/17
31 divorced. In 2016, Carmen kept talking about our prenup. I thought Carmen was just
32 holding that over my head to win arguments. That was until 2017 when I started to
33 suspect that Carmen was having an affair and wanted to leave me.
34 In March 2017, Carmen started to seem distant. We weren’t talking as much. We
35 were barely even arguing. It was like I was getting the cold shoulder. Later that month, I
36 noticed that Carmen was getting dressed up, cancelling our date nights, and going out
37 more. I did not know with whom. This continued into summer.
38 Then on July 2, 2017, everything came crashing down. Carmen told me Carmen
39 was having an affair with someone named Dylan Hendricks. Carmen said that Dylan was
40 an entrepreneur of some kind. Carmen claimed the affair was over and that Carmen was
41 going to Ecuador to visit relatives. I didn’t know what to think. Even though I suspected
42 something was wrong, I felt like I had been hit by a truck. I told Carmen not to go,
43 because we needed to make things work. But Carmen just said that Carmen needed some
44 time away. I was in too much shock to put up much of an argument. On July 2, 2017
45 Carmen left. I haven’t seen Carmen since.
46 I drove Bailey to sleepaway camp at Riverside Camp on July 3, the day after
47 Carmen left. When I got home on July 3, I was distraught. I’ll admit that I did not handle
48 it well. I knew it was a bad idea, but I had to find out who Dylan Hendricks was. The
49 night of July 3, 2017, I did a search on the internet for “Dylan Hendricks Midlands
50 City.” I got a few hits: a Facebook page and even a MySpace page. I also saw an article
51 from the magazine Midlands Alive! that was a review of a food truck called Souper
52 Soups. It was run by someone named Dylan Hendricks. The article even had a few
53 pictures of Dylan.
54 From July 3 to July 16, I was pretty much going out every night that I was not
55 away for work. I started drinking pretty heavily and used Everest for the first time.
56 Everest is a new designer drug that is pretty addictive and illegal. It is also very
57 expensive. It causes you to feel happy and energized. I’ve heard Everest can distort your
58 memories, but I’ve never experienced that and I do not think that’s true. Personally, I
59 don’t think it has any bad side effects. I’ve only used Everest a few times and I’ve never
60 used it while working.
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Revised: 9/18/17
61 My friend Morgan Jones gave Everest to me the first time I used it on July 5.
62 Morgan is my closest friend—literally. Morgan lives directly below me in the Jaywood
63 Building in condo 5A. I went out for drinks a few times with Morgan in July 2017.
64 Morgan was supportive and helped me get through it. Morgan told me that Morgan was
65 sure Carmen and I would work it out. Sometimes, you need friends who will just tell you
66 what you want to hear.
67 On July 16, 2017, I walked to Chuggies with Morgan. Chuggies is the bar next
68 door to the condo building where Morgan and I live. It was Morgan’s birthday, and we
69 had been planning a party at Chuggies for months. I even wrote it on the family
70 calendar. Exhibit 11 is the calendar for the months of July and August. The calendar is a
71 tear-away calendar, and Bailey tears the old month off on the first day of each new
72 month, so the past months’ sheets have been thrown away. Carmen didn’t write anything
73 on the calendar pages for any month after July, which is weird because Carmen keeps the
74 calendar up to date to make sure that everyone knows each other’s schedules.
75 We got to Chuggies around 9:30 P.M. A number of Morgan’s friends were
76 already there. At 9:40 P.M., I saw Morgan take an Everest pill. I hadn’t had any Everest
77 that day, so I asked if I could get an Everest pill, and Morgan gave me one. I took the
78 Everest pill—Morgan’s last pill—right away, at 9:40 P.M. I did feel bad taking the last
79 of Morgan’s drugs on Morgan’s birthday. So, I called my dealer, Mickey, and said to
80 meet me in the parking lot that was just around the corner from Chuggies and behind the
81 Jaywood Building.
82 At 10:15 P.M., I left Chuggies to go get more Everest. On my way to the parking
83 lot, I realized how hungry I was. I saw a few food trucks parked across the street: Tasty
84 Tacos, Kostandinos’ Gyros, and, sure enough, Souper Soups. I remembered that Dylan
85 Hendricks owned Souper Soups. I felt like I had to confront Dylan. I thought I was
86 going to walk up to the truck and punch Dylan or at least throw some soup in Dylan’s
87 face. I got to the food truck and saw someone wearing a nametag that said “Dylan.” I
88 recognized “Dylan” as Dylan Hendricks from the pictures I saw online. This was the
89 person Carmen was having an affair with.
90 I took a deep breath and was about to start yelling, but then I chickened out. I
91 thought that it probably wasn’t the best time. We were in public, and I had taken Everest.
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92 I didn’t want things to get out of hand. So I just ordered the catfish chowder which I
93 thought would help my nausea. The receipt I got from that order is Exhibit 32.
94 I left stunned. Dylan wasn’t that good looking. And Dylan owned a food truck!
95 I am a pilot. I don’t know what Carmen saw in Dylan. I started walking towards the
96 parking lot behind my condo building to meet Mickey, my drug dealer. We were
97 supposed to meet at 10:35 P.M., and I didn’t want to be late. I walked into the parking
98 lot and found Mickey at exactly 10:35 P.M. Mickey was alone and I didn’t see anyone
99 else around. I went up to Mickey and bought some Everest.
100 I was about to go back to Chuggies, but I decided that I wasn’t really feeling up
101 for a party. Morgan had a bunch of other people to hang out with, so I decided to just go
102 to bed. I unlocked the back door to my building with my key and went up the fire escape
103 (which is essentially just the staircase at the back of the building). Once on the sixth
104 floor, I unlocked the door to my condo and went inside. I am pretty sure I locked the
105 door behind me, but I am not completely certain. Sometimes I forget. It’s a secured
106 condo building so I feel totally safe in there. If you go in through the front door of the
107 building, you have to go by the doorman (which is often Morgan during the day) and
108 security cameras. You need a key to get in the back door of the building (the door under
109 the maroon awning). Any key that opens one of the condo units opens the back door to
110 the building, so you only need one key to both get in the building and into a condo unit.
111 Of course, each of the condo units has a different key.
112 At about 10:45 P.M., I got back to my condo. I sat down on the couch and turned
113 on the TV. It was an action movie of some sort starring Alex Grace and there was a lot
114 of fighting. After a few minutes, I went to the bathroom to wash my face and brush my
115 teeth, but, as I walked down the hall, I heard something behind me. I opened the door to
116 the bathroom just in time. Before I could even turn on the light, I saw Dylan Hendricks’s
117 reflection in the bathroom mirror. I spun around, and all I saw was a gun that Dylan was
118 holding. I’m not exactly sure what happened next. Before Dylan could fire, my airline
119 security training kicked in. I remember knocking the gun away and hearing it fall on the
120 ground. But it was too dark to see where it went. I ran into the living room, toward the
121 front door, and I heard a crash behind me. Before I could get to the door, I was tackled
122 from behind into some furniture. I was lying on the ground, trying to get up when Dylan
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123 put the extension cord around my neck. I couldn’t breathe. I tried to get away, but
124 couldn’t. I didn’t see anything else, and soon I passed out.
125 The only time I saw Dylan’s face was in the reflection in the mirror and I only
126 saw it for a second. Dylan didn’t say anything the whole time, so I didn’t hear Dylan’s
127 voice. It was dark in the condo, but the TV was on and so was the nightlight in Bailey’s
128 room. That was enough to see. I am certain it was Dylan.
129 When I came to, Morgan was already in the room. I was lying on the floor next to
130 an overturned end table with a lamp broken on the floor. I was discombobulated. It
131 might have been the Everest, but it was probably the fact that Dylan just tried to murder
132 me. As soon as I got my wits about me, I noticed an orange extension cord on the ground
133 near me. I didn’t touch it. I tried to get up but still felt pretty woozy so I just sat back
134 down on the floor. Morgan called 9-1-1. Morgan asked for an ambulance, and I said,
135 “Get the police too. Dylan Hendricks tried to kill me.”
136 The police showed up a few minutes later. Officer Nichols came up to me and
137 asked if I was all right. I said I was okay. The officer asked me what happened. I said,
138 “Someone tried to kill me. It was the person who owns the soup truck outside named
139 Dylan Hendricks. If you hurry, you might be able to catch Dylan.” Officer Nichols
140 responded by asking me if I was on anything, but before I could answer the paramedics
141 showed up. When they got there, the officer backed away, probably to go arrest Dylan.
142 I wanted to keep talking to the police but the paramedics surrounded me. They
143 asked me a lot of questions, including if I was on drugs. I told them I had taken an
144 Everest pill earlier that night. I told them someone tried to strangle me and showed them
145 my neck. I figured there must have been bruising or something. They put me on a
146 stretcher and wheeled me to the elevator and outside the front door of the Jaywood
147 Building towards the ambulance.
148 When we got outside, I saw Dylan walking toward us. I couldn’t believe it at
149 first. But it’s obvious why Dylan came back. The criminal always returns to the scene of
150 the crime. I shouted, “That’s Dylan! That’s the person who tried to kill me and tried to
151 ruin my marriage!” I pointed at Dylan and police officers rushed over to grab Dylan.
152 The police asked if I was sure this was the person who tried to kill me, and I said, “I am
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153 absolutely positive. You’ll never get away with this, Dylan. You and Carmen will never
154 be together.”
155 The police took Dylan away, but I am not sure if Dylan was in handcuffs. The
156 paramedics loaded me into the ambulance, and we went to the hospital. I was examined
157 by a doctor, who told me I was going to be fine. They kept me at Midlands City Hospital
158 for a day, but then I was released. The people at the camp drove Bailey to the hospital on
159 the morning of July 17.
160 When I got home from the hospital on July 17, 2017, I did not feel safe. I went to
161 get the gun I kept on the top shelf of the cabinet in our utility room. It’s usually just
162 sitting on the top shelf (unloaded of course), but I didn’t see it there. I also saw that the
163 box of 50 bullets that I kept in the cabinet had been opened. I counted the bullets and
164 there were only 49 left. I had not opened the box, and I don’t know where the other bullet
165 went. I told the police that the gun was missing, and they showed me a gun they
166 collected in a dumpster by the building. It was my gun! I didn’t recognize it when Dylan
167 attacked me on July 16, 2017. But Dylan must have taken it.
168 I still haven’t spoken to Carmen. I tried calling a few times, but Carmen won’t
169 answer. I still can’t believe this happened. I can’t believe that Carmen had an affair with
170 someone who would try to kill me. I don’t ever want to see Carmen again.
171 I am familiar with following exhibits:
172 Exhibit 4 the orange extension cord that Dylan used to strangle me. I had left it
173 on the kitchen counter after using it to plug in the vacuum cleaner the day before.
174 Exhibit 5 is a photograph of my gun. It is registered in my name and I have a
175 permit to carry it. I identified it when the police showed it to me at the police station on
176 July 18, 2017. I don’t keep my gun in a gun safe, but Bailey knows not to touch it. I’m
177 trained in weapons safety, and when I need to relieve some stress or keep my skills sharp,
178 I go to DeRosa’s firing range and fire a few rounds.
179 Exhibit 6 is the key to my condo that I was told was found on the living room
180 floor of my condo in the mess caused by the fight. I was shown this by the police after
181 they collected evidence. I had never seen this particular key before that. All of the keys I
182 know about to our condo are on key rings but this one is not attached to anything. I do
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183 not know if Carmen gave this key to Dylan, but as far as I know it was not in the condo
184 before that night.
185 Exhibit 8 is the Everest I purchased on July 16, 2017. I did not take any and
186 haven’t opened the bag.
187 Exhibit 9 is a fair and accurate map of downtown Midlands City. I do not know if
188 it is to scale.
189 Exhibit 10 is fair and accurate diagram showing the floor plan of my condo in the
190 Jaywood Building. It appears to be to scale, but I did not make it so I can’t be sure.
191 Exhibit 11 is a tear-away calendar we keep in our condo for the months of July
192 and August. The preceding months are always thrown away after we use them.
193 Exhibit 12 is the prenuptial agreement Carmen and I entered into.
194 Exhibits 13 and 14 are photos of the back door to the Jaywood Building. I do not
195 know who took these photos. They were shown to me by the police. You need a key to
196 get in the back door under the maroon awning. That stairwell takes you right to the back
197 door of all the condo units. The door under the maroon awning is supposed to lock
198 automatically, but sometimes the door doesn’t latch closed. When that happens, you can
199 just pull the door open without a key. At the front door, there is a doorman (sometimes
200 Morgan Jones) and security cameras. You only need a key to get in the front door when
201 the doorman is not there. Residents can also unlock the front door from inside their
202 condo via a buzzer to allow guests into the building.
203 Exhibit 32 is the receipt I got from Dylan on July 16, 2017.
204 I am not familiar with any of the other exhibits in this case.
205 I swear or affirm the truthfulness of everything stated in this affidavit. Before
206 giving this statement, I was told I should include everything that I know may be relevant
207 to my testimony, and I followed those instructions. I know that I can and must update
208 this affidavit if anything new occurs to me until the moment before opening statements
209 begin in this case.
210
211 Signed: Subscribed and Sworn to me on this 1st Day of August:
212 Kerry Bell-Leon Sarah Ramos
213 Notary Public
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AFFIDAVIT OF MORGAN JONES
1 After being duly sworn upon oath, Morgan Jones hereby states as follows: I am over 18
2 and competent to make this affidavit. I am testifying voluntarily and was not subpoenaed
3 or compelled to testify.
4 I’ve known Kerry Bell-Leon for almost 30 years, back when Kerry was just Kerry
5 Bell and we were in the same kindergarten class. We’re both 38 now. Kerry and I lost
6 touch for a while from 2001 to 2004, but we reconnected in 2004 when I got my current
7 job as the building superintendent for the Jaywood Building in Midlands City. My job
8 makes me a jack of all trades: I’m part doorman, part handyman, part concierge, and part
9 security officer. The job was made more bearable by the fact that I was living in the
10 same building as Kerry, Kerry’s spouse, Carmen, and their 13-year-old child, Bailey.
11 I live directly beneath Kerry in the Jaywood Building. My condo has the exact
12 same floor plan as theirs and everything. Living so close makes it easy to spend a lot of
13 time together. But it wasn’t always so easy. I remember love-struck Kerry calling me in
14 2002 after meeting Carmen on an international trip to Ecuador. In 2003, Kerry convinced
15 me to meet them for dinner. I immediately disliked Carmen, and I told Kerry as much.
16 After a few cocktails, Kerry said Kerry was also uncertain, and Kerry told me, “If we
17 ever get married, Carmen is going to have to sign a prenup. This way, Carmen can never
18 get my money unless I were dead.” Things seemed to work out for them, even though I
19 wasn’t around to see that. They got married later that year and Bailey joined their family
20 in 2004. That same year, I moved into the Jaywood Building… just in time to help with
21 diaper duty and some occasional babysitting.
22 At this point, Kerry and Carmen’s marriage was on the rocks. They were usually
23 civil to each other in public, but you could tell that something wasn’t right. I chalked it
24 up to baby stress, but after a couple of years, it was clear that their relationship was
25 always going to be tense. Kerry is someone who can get jealous for no reason, and
26 Carmen is a pretty flirtatious and affectionate person. So I could see why Kerry would
27 get worried, but it seemed to be all the time. I remember Kerry storming out of Chuggies
28 (the bar next to the Jaywood Building) one night when the bartender seemed to get a little
29 too close to Carmen. I can’t believe they stuck together after that. There was something
30 always sinister about Carmen.
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31 Even though I’m no expert on marital relations (and have a couple divorces to
32 show for it), it was pretty obvious that Kerry and Carmen’s relationship was in a free fall
33 around Thanksgiving 2014—right after Kerry got a promotion and started working more
34 hours. With the promotion, Kerry was away even more nights a week. Kerry told me
35 that, when Kerry was home, Carmen didn’t seem as interested in spending time with
36 Kerry. Kerry and I started spending a lot more time together. I’d like to think it was
37 because we were best friends, but I know—at least in part—it was because I was just
38 easy to talk to and was only a flight of stairs away.
39 I tried to assure Kerry that everything would work out with Carmen, even though
40 I didn’t really believe it. And, boy, was I right. Things got worse quickly. On July 2,
41 2017, Carmen admitted to Kerry that Carmen was having an affair with Dylan Hendricks.
42 That day, Carmen took off to Ecuador. The following day, Kerry took Bailey to a month-
43 long sleepaway camp. When Kerry got home from taking Bailey to camp, Kerry came
44 down to my condo and pounded on the front door at about 11 P.M. Kerry wanted to
45 know if I saw anything unusual happening in the condo building while Kerry was gone
46 the last couple of months. Kerry was really out of sorts, so I said that I never saw
47 anything suspicious.
48 That was a lie. On the days Kerry was traveling for work in May and June 2017
49 (and only those days, like clockwork), there was a soup truck named “Souper Soups”
50 parked on Main Street right in front of the Jaywood right around 9 A.M., and it would
51 usually disappear before 11 A.M. On those days, I often ran into someone named Dylan
52 Hendricks, wearing a maroon “Souper Delicious” shirt in the elevator. That person was
53 always going to the sixth floor, the floor Kerry and Carmen lived on. I didn’t think it was
54 odd at the time because I thought maybe the food truck did in-home delivery, and Dylan
55 was always carrying soup. But the more I thought about it, the more I realized how weird
56 it was that someone was regularly eating soup for breakfast.
57 Then, on June 18th, 2017, I got on the elevator with the maroon-shirted person on
58 my way to the Bell-Leons’ condo. When I realized I was being followed to the front door
59 of that condo, I acted like I was getting my keys out to go into the neighboring condo to
60 fix something. As I was fumbling with my keys, I watched as Dylan knocked on
61 Carmen’s door. To my horror, Carmen opened the door, laughed and said, “I really need
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62 to give you a key,” and then Carmen greeted Dylan with a kiss. I was sick to my
63 stomach. My stomach dropped another notch when Carmen made eye contact with me
64 before Dylan closed the door behind them.
65 I was torn about what to do, and stewed about it the rest of the morning. On one
66 hand, Kerry is a good person and deserves to be treated honorably. On the other hand,
67 part of being a super is having discretion. Plus, I was really worried about what would
68 happen to their kid if they got a divorce, and I didn’t want to insert myself into drama
69 where I didn’t belong. But, when I went back to my condo to grab some lunch, I saw that
70 someone had slid something under my door. It was a note that said, “Don’t say anything.
71 If you do, I’ll tell everyone that you are addicted to Everest.” I’ll admit that the note
72 scared me off from saying anything to Kerry.
73 The next time I saw Carmen was on June 30, 2017. I was changing the light bulb
74 underneath the awning at the back door of the Jaywood Building. I heard Carmen and
75 Dylan talking as they were walking down the fire escape (which is basically just a
76 staircase at the back of the building into the back parking lot). Carmen said, “Do you
77 know how to use it?” Dylan said, “I think so. I’ve never fired one before but how hard
78 can it be? I’ll get rid of it after I do it.” Carmen said, “Yes, and then I’ll see you soon.”
79 They walked out of the back door, saw me on my ladder, and stopped talking. Dylan
80 walked away and Carmen went back upstairs.
81 Even after Carmen left the country on July 2, 2017, I kept seeing Dylan Hendricks
82 around our condo building. Over the week of July 3, I saw the soup truck parked outside
83 our building for an hour or so at a time at all times of day. More disturbingly, on July 5,
84 as I was walking down the fire escape to my car in the parking lot behind the Jaywood
85 Building, I saw Dylan standing in the parking lot. As soon as Dylan saw me, Dylan ran
86 away and seemed to tuck something in Dylan’s pants. With Carmen out of the country, I
87 had no idea why Dylan was hanging around our building, let alone our parking lot. I
88 thought about reporting the trespassing to our property manager (my boss), and in
89 retrospect I probably should have.
90 Plus, with Carmen gone, Kerry was in really bad shape. Beginning in early July
91 2017, Kerry started coming down to my condo to watch TV a lot. I must admit, I was
92 shocked when one night Kerry came to my condo and asked if I had any Everest. Everest
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93 is a new designer drug that makes you elated and energized. Everest is illegal in
94 Midlands. It’s very addictive and supposedly blurs your memory of what you
95 experienced while on it. But I’ve never felt that myself even though I have taken Everest
96 off and on for a few years. I’m not a prude or anything, so I was always happy to share.
97 In July 2017, I saw Kerry take a lot of Everest, but I only got concerned once when I saw
98 Kerry taking what looked like some Everest at a party the night before a flight. I’m
99 pretty sure that pilots are supposed to wait at least eight hours to fly after drinking, and
100 Kerry was always careful about this. “Eight hours from bottle to throttle,” Kerry would
101 always say. And, I’d bet that the same holds true for Everest. It was probably all right
102 though. Kerry always followed the rules. Besides, I heard that Everest doesn’t stay in
103 your system that long.
104 My birthday is July 16, and we had planned a party at Chuggies. I had wanted to
105 get to the bar by 9:00 P.M. (the time we were supposed to meet everyone), but for some
106 reason Kerry took a long time getting ready. Kerry seemed really tense the whole walk
107 over. We walked into Chuggies around 9:30 P.M., and my friends were already there. I
108 kept trying to walk around and talk to everyone, but Kerry kept pulling me aside to talk
109 about Carmen’s affair. After about ten minutes, I could tell that this party needed a bit of
110 a boost. I took out my Everest pills, but saw that I only had one left. I gave it to Kerry,
111 because Kerry was being a real downer. Kerry took the pill at 9:40 P.M. I didn’t take any
112 Everest on the night of July 16, 2017.
113 It must have been a few minutes after 10:00 P.M. when I heard Kerry on Kerry’s
114 phone. I remember the time, because the second band had just gone on, and they usually
115 start their set around 10:00 P.M. Kerry said Kerry had to run out for a few minutes “to
116 go get some soup” and would be right back. At least, that’s what I thought I heard, but it
117 was very loud with the band playing. I got a little concerned, because I could see that
118 something wasn’t right and I thought that Kerry wanted to get some more Everest. Kerry
119 had already taken one pill, and one is always enough.
120 Fifteen (maybe twenty) minutes later, I went looking for Kerry. I walked around
121 the block, saw some food trucks (including Souper Soups) but didn’t see Kerry. I
122 checked my watch and it was already 10:45 P.M. Kerry took my last bit of Everest and
123 had now just disappeared! This was not how I planned to spend my birthday. I was
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124 hoping Kerry just went home, so I headed in that direction. As I walked into the parking
125 lot behind our building, I saw someone in the parking lot. I remember the person was
126 wearing jeans, a navy jacket, and possibly had gloves on. I didn’t recognize the person
127 and thought the person looked suspicious, so I went around to the front of the building to
128 go inside. It was 10:58 P.M. Just as I got off the elevator on the 6th floor, I heard a lot of
129 noise coming from Kerry’s room. I ran to see what was going on.
130 I was worried about Kerry because of the Everest, so I didn’t even knock. The
131 door wasn’t locked and I went in. Right in the middle of the living room I saw someone
132 on top of Kerry with something around Kerry’s neck. Someone was strangling Kerry.
133 As soon as I came in, the person turned and ran. I was shocked so I didn’t move right
134 away. The strangler ran towards the back door and picked up a gun in the hallway on the
135 way out the back door. I ran after the person, but once I got to the back door of the condo
136 the person was already going down the fire escape. It sure seemed as though this person
137 was familiar with the building. I didn’t want to leave Kerry, so I ran back inside.
138 At that point, I noticed that the cabinet door in the utility closet was open. I knew
139 that Kerry owned a gun, and Kerry’s gun was kept in the utility closet. I didn’t see the
140 gun in the cabinet, though. I knew the gun was usually there because I saw it when I was
141 working on the hot water tank in their utility room in February 2017. In February, the
142 gun was just sitting on the top shelf next to a sealed box of bullets, I did not ask Kerry
143 about it, and I did not know if it was loaded. I never saw a gun safe in the condo.
144 When I went back into the living room, I saw Kerry lying unconscious on the
145 ground. There were no lights on in the living room. The only light was coming from the
146 TV. I turned on the light and only then saw that there was an extension cord right beside
147 Kerry. I immediately called 911. It was 11:01 P.M.
148 I did not see who the strangler was. I didn’t see the person’s face or hear the
149 person’s voice. It was so dark in the living room that I couldn’t even tell you the
150 person’s height or weight or whether it was a man or a woman. The only thing I know
151 about the strangler is that the person was wearing dark colored clothes and was wearing
152 purple gloves. But when Kerry came to, Kerry told me it was Dylan Hendricks, and I
153 believe Kerry.
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154 I can’t believe that Dylan tried to kill my friend. In the hospital, Kerry told me
155 that Dylan and Carmen must have been planning something like this for months. I can’t
156 believe that Carmen is still in hiding after this, but at least they caught the person who
157 tried to kill Kerry.
159 Exhibit 4 is the orange extension cord that I saw next to Kerry.
160 Exhibit 5 is a picture of Kerry’s gun. I saw it only once, and it was on the top
161 shelf of the cabinet in the Utility Room. It was not in a gun safe. There is also an
162 unopened box of bullets in the cabinet.
163 Exhibit 7 is a pair of purple gloves. They appear to be the same color as the
164 gloves I saw on the person strangling Kerry Bell-Leon.
165 Exhibit 8 is Everest; I recognize it from the smiley faces on the pills.
166 Exhibit 9 is a fair and accurate map of downtown Midlands City. I am not sure if
167 it is to scale.
168 Exhibit 10 is a floor plan of the Bell-Leon residence. My condo is directly
169 beneath theirs and has the same general floor plan, but the furniture is not in the same
170 positions. It appears to be to scale but I can’t be sure because I did not make it.
171 Exhibits 13 and 14 are photos of the back of the Jaywood Building. The police
172 showed me these photos, but I’m not sure who took them. You need a key to get in the
173 back door, which is under the maroon awning. That stairwell brings you to the back door
174 of all the condo units on that side. The door under the maroon awning should lock
175 automatically, but sometimes the door latch doesn’t close. If that happens, you can just
176 pull the door open without a key. I was asked by residents to fix it for months but I never
177 got around to it. There is a doorman (usually me!) at the front door and there are security
178 cameras. You only need a key to get in the front door when a doorman isn’t there.
179 Residents can also unlock the front door via a buzzer in their condos if they want to allow
180 guests into the building. All of the individual condo keys also open the back door to the
181 building, so you only need one key to get into the building and condo. Of course, each of
182 the condo units has different keys.
183 Exhibit 29 is the note that was slipped under my door the same day I saw Carmen
184 kiss Dylan Hendricks.
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185 I am not familiar with any of the other exhibits in this case.
191
192 Signed: Subscribed and Sworn to me on this 1st day of August 2017:
193 Morgan Jones Sabrina Kuethman-James
194 Notary Public
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AFFIDAVIT OF BAILEY BELL-LEON
1 After being duly sworn upon oath, Bailey Bell-Leon hereby states as follows: I am 13
2 years old. I know the difference between the truth and a lie. I wrote this statement by
3 myself. Everything in this statement is the truth. I am testifying because the court sent
4 me a letter called a subpoena. It said I had to tell the court what I know.
5 I was born on May 7, 2004. I’m a student at Midlands City Middle School. I will
6 be in the eighth grade starting in August 2017. My parents are Carmen and Kerry. Kerry
7 is a pilot and travels a lot for work. But Kerry brings me back cool things from the
8 countries Kerry flies to. Carmen is a stay-at-home parent. Carmen’s favorite country is
9 Ecuador, which is where Carmen grew up. The three of us live in condo number 6A on
10 the sixth floor of the Jaywood Building. I don’t have any pets, but I think I should have a
11 pet. We have lived there since I was born. I only know one other person who lives in our
12 condo building. That person is Morgan. Morgan and Kerry are best friends. Morgan is
13 also in charge of everything that happens in our building. Morgan is the person I call
14 when I lose my condo key. I do that sometimes, but when I keep the same key for three
15 months, I get to have a sleepover with three friends. Morgan is really nice and sometimes
16 used to check in on me when I was home alone on my parents’ date night. I haven’t lost
17 my key since I was 12 though. I am very responsible.
18 My parents argue a lot. More than any of my friends’ parents. Sometimes they
19 argue when I have friends over. I think they started arguing more in 2014 right around
20 Christmas. Kerry got a big promotion and started working more days. I thought the
21 arguing would get better once we all got used to the new schedule. But it didn’t.
22 I take piano lessons from Linda. I have taken piano lessons since second grade.
23 My piano lessons are always on Tuesdays from 4:00-4:30 after school. I walk to my
24 piano lesson after school and Carmen picks me up. I remember after my piano lesson on
25 April 4, 2017, Carmen picked me up at Linda’s house. Carmen told me that we were
26 going to stop to pick up dinner at a food truck. I thought it was weird. But Carmen is a
27 horrible cook. Carmen never makes food I like so I thought at least this way I would get
28 to pick something that I like for dinner. Carmen drove us to a food truck across the street
29 from the courthouse on Leckrone Lane in Midtown. The food truck only served soup.
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30 All I remember is that it was way too hot to eat soup. But I like soup so I didn’t say
31 anything.
32 I should have said something. There was only one person working in the food
33 truck. That person had a nametag that said “Dylan” on it and was wearing purple gloves.
34 I think Carmen and Dylan knew each other. Carmen was being really embarrassing.
35 Carmen made a couple of really bad jokes and Dylan laughed really hard like they were
36 funny. They weren’t funny. And the soup was even worse than the jokes.
37 The next Tuesday (April 11) after my piano lesson, Carmen and I did the same
38 thing. It was worse. Both the jokes and the soup. In addition to suddenly becoming a
39 comedian, Carmen also became a fashion critic, telling Dylan that the maroon “Souper
40 Delicious!” uniform t-shirt that Dylan was wearing brought out the color of Dylan’s
41 eyes. I wanted to die. Dylan was still wearing purple gloves, which looked dumb. When
42 we got home, I told Carmen I was going on a hunger strike. Carmen didn’t care about
43 my hunger strike, but a few days later Kerry said if I did not clean my plate at dinner I
44 would be grounded. I got grounded. It was awful. Kerry took my phone, so I couldn’t
45 text my friends that whole week.
46 Carmen understood that it was a cruel and unusual punishment not to have a cell
47 phone, so Carmen let me use Carmen’s phone to call my best friend Sawyer. I knew I
48 was just supposed to call Sawyer and not play games on the phone, but Carmen was
49 watching TV. When I opened the phone to call Sawyer, I decided to do some snooping.
50 The recent text messages were boring, so I scrolled to some old ones. That’s when I saw
51 text message conversations between Carmen and people named Jesse and Paris. I didn’t
52 know who Jesse and Paris were, so I read the messages. I didn’t know what they meant,
53 and I thought some of them were weird so I took screenshots of them and sent them to
54 my phone from Carmen’s phone. Then I deleted the messages to my phone on Carmen’s
55 phone so Carmen wouldn’t know I sent them. I can be sneaky like that. Exhibits 27 and
56 28 are the messages from Carmen to Jesse and Paris.
57 After I sent myself the text messages, I saw an app called Tender that had a heart
58 logo. I knew Tender was a dating app because I saw ads for Tender on the internet. I
59 know that people use Tender to find new friends and lots of people find their soulmate
60 with Tender. I decided to find out who Carmen was talking to on Tender. When I opened
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61 Tender, I saw that Carmen had a few friends on the app. When I opened the app, the most
62 recent person Carmen had talked to on Tender was named Dylan. I looked at Dylan’s
63 profile and saw that it said something about soup. I screamed really loud and threw the
64 phone on my bed. I did not read any of the messages between Carmen and Dylan.
65 Carmen came in, and I asked Carmen if Carmen was talking to Soup Dylan on Tender.
66 Carmen said that Carmen was. Carmen took the phone back and told me I couldn’t leave
67 my room until the morning. I told Carmen that I would tell Kerry about Dylan. Carmen
68 told me Carmen would buy me tickets to a concert at the Midlands Arena if I kept my
69 mouth shut. So I did until I wrote this for the court. I am very good at keeping secrets.
70 The next time I saw Dylan was June 1. My school doesn’t have air conditioning
71 so we get out of school early when it is really hot. We got out early that day because it
72 was like a million degrees outside. I told Sawyer we should go to the pool, so we walked
73 home at 12:30 P.M. so I could get permission and get money and my swimsuit. When I
74 walked in the front door to the condo, I heard Carmen in the kitchen. Carmen said, “Well,
75 I’ll have more free time as soon as this month is over. Just look.” I didn’t know who
76 Carmen was talking to, but the sound was coming from the kitchen. As I walked in to the
77 living room, I saw Dylan by the refrigerator lifting up the front page of our family
78 calendar (so you could see July), and taking a picture of it with Dylan’s cell phone.
79 Exhibit 11 is our family calendar.
80 Carmen told me that Dylan and Carmen were talking about cooking because they
81 both like recipes. I asked if I could go to the pool with Sawyer and Carmen gave me $25
82 for the pool and to buy candy. When I was changing into my swimsuit, I heard them
83 arguing. I heard Dylan say, “What are we doing? I want to stop sneaking around. You
84 need to leave Kerry.” Carmen said, “It’s not that easy. I had to sign a prenup, and I
85 wouldn’t have a way to take care of Bailey. We need to find another way out of this.”
86 Then I went to the pool.
87 I heard Dylan in our condo on June 25. Kerry was out of town for work. I wanted
88 to go to Sawyer’s house to watch a movie. Carmen was watching TV in the living room
89 and said it was ok. It was 2 P.M. I forgot my backpack and came home about 15 minutes
90 after I left to get it. I used my key to come in the back door and grabbed my backpack
91 from my room. I didn’t say anything to Carmen as I walked in. I don’t think Carmen
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92 knew that I came back. I was about to walk out the back door when I heard someone use
93 a key to unlock the back door. I hid in the corner of the utility room behind the back door
94 as it opened. The door is solid wood so no one can see you when you hide there. I saw
95 Dylan walk in the back door. Dylan was holding a key. Dylan walked into the living
96 room. Carmen was still watching TV and the TV was still loud. I stayed hidden in the
97 utility room but peaked my head into the hallway when I heard Carmen say, “Before we
98 do anything else, we need to talk. I’m going to Ecuador next week for a few weeks while
99 Bailey is at camp. I want you to get rid of Kerry.” Then, I heard Dylan say, “I’m not
100 sure what you mean.” Carmen said, “I think you do.” Dylan didn’t say anything back.
101 That’s when I left out the back door to go to Sawyer’s place. I didn’t say anything to
102 Kerry about that conversation. I thought Carmen was staying in Midlands while I was at
103 camp.
104 I asked Carmen the next morning if Carmen and Kerry were going to get a
105 divorce. Carmen told me that would never happen, but, if they did, I would have to live
106 with Kerry. That made me sad. I want my parents to stay together.
107 The last time I saw Dylan in the condo was on June 30, 2017. That was the time
108 Dylan was holding the gun. Kerry was gone, and Dylan came over to see Carmen. I was
109 in my bedroom with my headphones on. I saw Dylan walk down the hall towards the
110 Utility Room and remembered I was supposed to fold the laundry. I went to the Utility
111 Room and saw Dylan looking in the cabinet. Dylan took the gun from the cabinet. I
112 backed out of the utility room and went to my bedroom. I don’t think Dylan saw me. A
113 few seconds later, Carmen walked towards the back door, and Dylan and Carmen left.
114 July 2, 2017 was super weird. I was packing for camp in my bedroom. I heard my
115 parents talking in their bedroom. Carmen told Kerry that Carmen had an affair with
116 Dylan. Carmen said the affair was over. Then Carmen said Carmen was going to
117 Ecuador to see Carmen’s family. Kerry was mad. Kerry said, “You can’t just leave. We
118 have to work this out. You can’t just tell me you were having an affair and then leave the
119 country.” Carmen said, “Why not? You leave the country every week.” Kerry
120 responded, “That’s my job. We have to make this right. When will I see you again?”
121 Carmen responded with “I don’t know. Maybe never.” I tried to ignore the argument.
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122 But then Carmen came into the room to talk to me. A few minutes later, Carmen was
123 heading out the door. I haven’t seen or heard from Carmen since that day.
124 On July 2, after Carmen left, I saw Dylan sitting in the Souper Soups food truck
125 outside the front of our building when I was home with Kerry. It was creepy. But I
126 didn’t say anything to Kerry. It was Dylan’s fault that Carmen left, so I decided to go tell
127 Dylan how mad I was. I went downstairs, out the front door, and up to Dylan’s soup
128 truck. Dylan wasn’t selling anything and it didn’t even look like Dylan had made any
129 soup. I said to Dylan, “This is all your fault you stupid soup slurper.” Dylan said back to
130 me, “Don’t worry, Bailey. You won’t be seeing me anymore. I plan on staying away
131 from your entire family. Carmen left me and I don’t love Carmen anymore.” Dylan
132 looked sad and I believed Dylan, so I went inside to finish packing.
133 Kerry drove me to the bus for sleepaway camp at Riverside Camp the next
134 morning, July 3. Camp was fun. I was supposed to be at camp for a month. But I left on
135 July 17 because Kerry got hurt. I know Kerry was supposed to be strangled, but I didn’t
136 see any bruising or marks at all when I went to the hospital on July 17. Around noon on
137 July 17, 2017, I visited Kerry at the hospital. I came back to the room after getting a drink
138 from the soda machine, and Kerry was talking to a doctor. The doctor asked, “Hi Kerry,
139 I am just following up after getting your test results. How are you feeling?” Kerry said,
140 “Physically, I feel ok. But I’m really drained mentally.” Then the doctor said, “Well that
141 will happen when you take Everest. Can you remember what happened last night?” Kerry
142 responded, “Not really. It’s all a little hazy.” Then Kerry looked at me in the doorway
143 and said to the doctor “Can we talk about this later?” and nodded at me. I know Everest is
144 a mountain and sometimes people die when they climb it. We went home from the
145 hospital later that day. Now Kerry is home all of the time. I hope Carmen comes home
146 soon.
147 Some people have asked me if I know anything about drugs. I know drugs are
148 bad, and I am pretty sure some people sell them in the parking lot behind the Jaywood
149 Building. I have seen some pretty shady people back there. I am not supposed to go to the
150 parking lot alone at night. But sometimes, when we get home late and park in the lot
151 behind the building, I will see people trade pills for money. I have never seen anyone I
152 know do this, though.
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154 Exhibit 4 is an extension cord I have seen in our house. My parents use it to plug
155 in the vacuum. I don’t vacuum.
156 Exhibit 5 is a picture of Kerry’s gun. I know it is kept on the top shelf of the
157 cabinet in the Utility Room. I have never touched it. Ever since a kid in my school
158 district named Sydney got killed playing with her neighbor’s gun, we’ve had to sit
159 through so many gun safety presentations that I know better than to touch it. The gun is
160 just left out on top shelf of the cabinet. It’s not in a gun safe. There is also an unopened
161 box of bullets in the cabinet. After I got home from summer camp, the gun was gone and
162 the box of bullets was open.
163 Exhibit 7 is a pair of purple gloves. They are the same color as the ones I saw
164 Dylan Hendricks wearing at Dylan’s food truck.
165 Exhibit 9 is a map of the area around our condo in downtown Midlands City. It
166 looks like all of the buildings are in the right places.
167 Exhibit 10 is a map of our condo. Everything looks like it is the right size but I
168 don’t know for sure. When all the lights are out in the condo, it is really dark. When my
169 parents watch TV in the living room, I can sneak into the bathroom or out the condo’s
170 back door without anyone seeing me.
171 Exhibit 11 is the tear-away calendar for the months of July and August 2017. I
172 get to tear the old month off on the first day of each month and throw out the old month.
173 The calendar is in our kitchen. It was weird that Carmen didn’t write anything on the
174 calendar pages for any month after July. Usually Carmen keeps the calendar up to date to
175 make sure that everyone knows what everyone is doing.
176 Exhibits 13 and 14 are pictures of the Jaywood Building from the parking lot. I
177 do not know who took those pictures, but I can even take better pictures with my phone.
178 These pictures were shown to me by the police. You need a key to get in the back door
179 (the one under the maroon awning) so you can go up those stairs. That stairwell takes
180 you right to the back door of the condos. I only need to carry one key, because it opens
181 the back door to the building and our condo door. But the key doesn’t open other condos.
182 I tried it in our neighbor’s door once. The door under the maroon awning swings closed
183 and locks automatically. I’ve been locked out lots of times because the door locked
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184 behind me when I took the garbage out. I even got locked out the day I left for camp in
185 July 2017 because I left my key in my room so I didn’t lose it at camp but then I forgot
186 my pillow so I had to go back to the condo and the door was locked and I and had to go
187 around to the front door so that the doorman could let me in.
188 Exhibits 27 and 28 are screenshots of the text messages between Carmen and two
189 other people that I took and sent to my phone. I told the police about them when they
190 asked to see my phone.
191 I promise that everything I wrote is true. I know that I have to write down
192 everything I know that could possibly be important. I know that if I remember anything
193 that I forgot to write down I have to update what I wrote even if it is right before the trial
194 starts. I promise that I will do that.
195
196 Signed: Subscribed and sworn to me on this 1 st day of August 2017:
197 Bailey Bell-Leon Areeb Rahimzadeh
198 Notary Public
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AFFIDAVIT OF CHARLEY WATERS
1 After being duly sworn upon oath, Charley Waters hereby states as follows: I am over 18
4 My name is Charley Waters and I am currently a proud resident of Midlands,
5 although I have traveled to some of the most famous cities in the world. I make a living
6 as a street performer. I love my life. Well, everything but my love life.
7 During the weekdays, I play in the courthouse square in midtown. It’s a nice way
8 to brighten the day for folks who are having some of the worst days of their lives. At
9 nights—including the night of July 16, 2017—I set up my station across from Sarah’s
10 Music Café on Parker Street. I am usually directly behind the Jaywood Building parking
11 lot (where I was on July 16). From there I can attract people from the best restaurants,
12 clubs, and even walking to and from their cars. I like to get set up every evening around
13 5 P.M. This guarantees me the best spot. I typically have a case open in front of me and
14 a little mic and speaker that the folks at Sparkle & Shade let me plug into their building.
15 On a given night, I can make anywhere from $150 to $200, but on weekend or festival
16 nights, I can make a cool grand. During wedding season, I also get a pretty steady
17 business out of the bachelor and bachelorette party scene, especially if I am able to play
18 the betrothed’s “song.” Believe me when I say that I have every Celine Dion and Ed
19 Sheeran song committed to memory.
20 Since I tend to play the same places every day, I have gotten to know the local
21 business owners pretty well. Most of the people running the restaurants sneer at my
22 presence but accept it. The folks at the food trucks are a lot friendlier. Some of them
23 even give me free food. That’s how Dylan Hendricks and I got to know each other.
24 Dylan has a permit for the courthouse square in midtown, and Dylan operates there pretty
25 much every day for the lunch and after work rushes. I started talking with Dylan at the
26 food truck one day, and we became friends. Dylan is a good person. That’s why I don’t
27 believe Dylan could be involved in anything criminal. Dylan and I would talk a lot about
28 our relationships and our dating struggles.
29 Turns out, we both used Tender and had both met up with the same person only to
30 find out the Tender profile was a ruse to sell Everest. I had no idea people used a dating
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31 app to sell drugs, especially illegal ones! But one day I matched with “Mickey” and
32 thought it was cool that “Mickey” had all these little symbols of instruments on the
33 profile. Little did I know, those symbols were codes for where and how to get my hands
34 on all sorts of little pills and powders. I met up with “Mickey” once, on what I thought
35 was a date, only to find out that “Mickey” was expecting to make a sale when “Mickey”
36 offered me Everest. I was crushed. I didn’t buy anything. I had heard stories about
37 people who got addicted and I decided I was better off without it. Turns out Dylan had
38 been through a similar experience with “Mickey” and also didn’t buy the Everest. I’m
39 not surprised. Dylan is way too straight-laced to ever do any kind of drug.
40 In addition to swapping bad date stories, we also shared the good ones. In
41 February 2017, I had recently gotten into a pretty nice relationship and Dylan had
42 connected with someone Dylan believed had marriage potential. Dylan showed me the
43 Tender profile of “the one” and right away I said, “I know that person!” I recognized the
44 face in the profile. Exhibit 16 is the profile Dylan showed me. It was someone I had seen
45 downtown, but the person I knew seemed to be married with a kid. I always saw the
46 person with another person and a middle schooler. I was pretty sure they lived in the
47 Jaywood Building. Dylan told me unconvincingly that I must be mistaken, but
48 something in the way Dylan spoke made me think Dylan was lying.
49 Then, in June 2017, Dylan told me that “the one” had agreed to run away with
50 Dylan. I was stunned. Dylan had a great business and a life in Midlands and I did not
51 understand why Dylan would need to run away to be with anyone. I asked Dylan why
52 they had to “run away.” Dylan just said, “it’s complicated” and “this is about true love,
53 you don’t understand, you have never felt what I feel. This is my soulmate.” I told
54 Dylan to find out if “the one” was married and Dylan said, “you don’t understand, it
55 doesn’t matter. I love Carmen. Carmen loves me. Everything else is just meaningless.”
56 I got angry at that. My parents split up when I was a teenager because of an affair. I
57 didn’t think of it as “meaningless.” I’ll admit that I started to think of Dylan a bit
58 differently after that. Especially when, on a couple of afternoons, I saw the person I
59 thought was Carmen go up to the food truck with a child in tow, ordering soup and
60 giggling like a five-year old. It was pretty gross, to be honest, but mostly I was just
61 worried that Dylan was going to get really hurt.
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62 I stopped seeing Carmen come around downtown at the beginning of July. I did
63 not know what happened until July 16, 2017. That day sticks out for a couple of reasons.
64 First, like I said earlier, I had set up shop by Sarah’s downtown at 5 P.M. that night. At
65 around 7 P.M., I saw Dylan pull the Souper Soups truck into line with the other food
66 trucks. I’d never seen Dylan sell soup downtown before, and Dylan had told me several
67 times Dylan wanted to get a permit to sell downtown but couldn’t get it approved.
68 Instead, Dylan’s permit only allowed Dylan to sell in low-traffic areas, like the
69 courthouse square in midtown. Then, later that night, I saw a receipt for a firing range in
70 my case wrapped inside a five-dollar bill. That receipt is Exhibit 31. That happens
71 sometimes—people drop pieces of paper or gum wrappers in my case when they get
72 wrapped up with the cash in their pocket. I can’t be certain when the bill and the receipt
73 were dropped in my case because I am totally immersed in making music while I’m
74 playing, but when I was counting my earnings around 9 P.M., I saw the money and the
75 receipt. I picked up the receipt and read it. It was Dylan Hendricks’s receipt. I was
76 surprised because I did not think Dylan owned a gun. Dylan even told me that Dylan did
77 not like guns. I held onto the receipt so I could ask Dylan about it, but I never got the
78 chance.
79 My set list was probably a little bluer than usual that night. I had a hard time
80 concentrating. I do remember looking at my phone around 10:20 P.M. to check the time.
81 I played two more songs, my original “Men aren’t Dogs, Dogs are Loyal” and a Miranda
82 Lambert cover which I’m guessing made it about 10:25 P.M. when an argument in the
83 parking lot behind me interrupted my song. They must have been behind a car or
84 something, because I couldn’t see either person. But I heard their voices. I recognized
85 one voice; it was “Mickey.” I didn’t recognize the other voice, but the person started
86 yelling about Everest. At first, I didn’t hear what they were saying, but after I stopped
87 playing I heard Mickey say, “If you can’t pay, you need to stop bugging me. This isn’t
88 free.” The other person yelled, “Whatever, I’ll just get it somewhere else.”
89 At 10:30 P.M., I saw the person I’ve come to know was Kerry Bell-Leon walk
90 down Pearl Alley into the Jaywood Building parking lot. At the time, I recognized Kerry
91 as someone who was always around the area. I believe Kerry was the same person I saw
92 with Carmen sometimes, but I never told Dylan that. I felt like Kerry could take Dylan in
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93 a fight if it ever came to that, and I didn’t want to cause any trouble. The week before, I
94 had even seen Kerry meet up with “Mickey” once over in the parking lot behind the
95 Jaywood Building. I’m assuming Kerry was meeting “Mickey” for a little pick-me-up.
96 The night of July 16, when I saw Kerry walk into the parking lot, Kerry was a bit glassy-
97 eyed and morose, maybe a bit clumsy. I couldn’t tell if it was from alcohol or drugs, but
98 I had no reason to think Kerry knew anything about Dylan or Dylan’s relationship with
99 Carmen.
100 Kerry walked over to the area of the parking lot where I heard the voices arguing
101 about Everest earlier. Kerry went behind some cars and was out of sight, but I could still
102 hear. The voice I recognized as Mickey’s said, “Back for more, eh? You gotta be
103 careful. This stuff is addictive. It’s also not cheap, not that I’m complaining about your
104 business.” Kerry said, “I’m not in the mood today, Mickey. Let’s make this quick. By
105 the way, I’d appreciate it if you sold this junk somewhere else. My kid lives here. At
106 least for now.” I didn’t hear anything else for a few minutes and I didn’t see anyone
107 leave the parking lot, so I am not sure where they went.
108 Then Kerry came out from behind the cars and walked to the back entrance of the
109 Jaywood Building. Kerry got out keys, unlocked the door and went inside. The door
110 swung behind Kerry, but I’m not sure it closed all the way. I could see light coming from
111 inside the building between the edges of the door and the doorframe. I don’t think it was
112 like that before, but I wasn’t looking closely so I can’t be sure.
113 About ten or fifteen minutes after Kerry went inside the building, I saw someone
114 else under the maroon awning of back door of the Jaywood Building. At first, I admit
115 that I thought it could be Dylan. I couldn’t see the person very well because it was dark
116 out and the person was only at the back door for three or four seconds. But the person
117 looked to be around the same size as Dylan, and the Souper Soups uniform is a dark t-
118 shirt and pants or jeans, and the person I saw was wearing dark clothing. The person was
119 also wearing purple gloves. I feel like I would have been surer, though, if it had actually
120 been Dylan because I know Dylan so well. I had also never seen Dylan wearing purple
121 gloves before. Like I said, it was very dark.
122 The person was carrying something. I think it was a gun, but I didn’t really get a
123 good look at what the person was holding. It was definitely something metal and bigger
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124 than a key. I didn’t see the person holding anything else. As far as I know, Dylan doesn’t
125 own a gun.
126 Whoever it was quickly went under the maroon awning, in the back door of the
127 building, and up the fire escape to the sixth floor. In the daytime you can see who’s on
128 the fire escape from outside the building, but it was too dark now, so I only saw a
129 shadowy figure moving around. Just after I saw the second person go through the door on
130 the sixth floor, I heard someone yell (I’m not sure who), then a crash, and then a second
131 crash. A minute or two later, I saw someone running down the fire escape. The person
132 ran out of the back door of the Jaywood Building under the maroon awning. Again, it
133 looked like Dylan, but I didn’t get a good look. This time, I didn’t notice the purple
134 gloves. It was dark and this time the person was running so the person was only under
135 the awning for less than a second. But the person did run in the direction of the food
136 trucks, down Pearl Alley, in between Chuggies and Sparkle & Shade. The person threw
137 something in a dumpster behind Sparkle & Shade on the way into the alley.
138 I wanted to run to the food trucks to get a better look, but had to pack up my
139 things. I did it as fast as I could, but it was 11:10 P.M. by the time I got through the
140 crowd to the food trucks. I was relieved to see the Souper Soup truck was gone. I figured
141 Dylan must have left before everything happened. That’s a little early for a food truck to
142 shut down downtown, but I thought maybe Dylan didn’t know since Dylan had never
143 sold downtown before. Moving a food truck isn’t easy; it takes a lot of time to pack
144 things up and close the truck down. I think it would be hard for Dylan to get from the
145 Jaywood Building to the truck and get it ready to move in 20 minutes.
146 The police arrived a minute later at 11:11 P.M. I talked to a Detective Nichols
147 and told the detective about what I saw, including the gun. I directed Detective Nichols
148 to the dumpster behind Sparkle & Shade. Detective Nichols put on some gloves and
149 pulled out a gun from the dumpster. Detective Nichols immediately put it in a bag. That
150 was enough excitement for one day, so I went home.
151 Of the documents and exhibits I have been shown in this case, I am familiar with
152 the following:
153 Exhibit 5 is photograph of a gun that the police showed me. I am not sure if it is
154 the gun I saw that night. I did not get a good enough look at it. I don’t know anything
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155 about guns, so I don’t know if the gun in the picture is the same as the gun mentioned on
156 Exhibit 31.
157 Exhibit 7 is a pair of purple gloves. I wasn’t close enough to see the ones on the
158 person I saw go inside the Jaywood Building, so I don’t know if these are the same ones
159 or even the same kind.
160 Exhibit 9 is a fair and accurate map of the area around where I was standing in
161 downtown Midlands City on July 16, 2017.
162 Exhibit 13 is a photograph I took of the back door of the Jaywood Building from
163 the place I was standing on July 16, 2017. I took this photograph at 12:30 P.M. on July
164 17, 2017. This picture was taken during the day, but otherwise looked like what I saw
165 that night.
166 Exhibit 14 is a photograph I took of the back door of the Jaywood Building from
167 the place I was standing on July 16, 2017. I took this photograph at 11:30 P.M. on the
168 night of July 16, 2017. This is exactly what my view that night looked like.
169 Exhibit 16 is the Tender profile Dylan showed me.
170 Exhibit 31 is the receipt that was dropped in my instrument case.
171 I am not familiar with any other exhibits in this case.
177
178 Signed: Subscribed and sworn to me on this on this 1 st Day of August 2017:
179 Charley Waters Nilofar Ezigbo
180 Notary Public
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AFFIDAVIT OF JAMIE MORRISON
1 After being duly sworn upon oath, Jamie Morrison hereby states as follows: I am over 18
4 My name is Jamie Morrison and I am an expert in the use of technology and
5 mechanical engineering to cause displacement and relocation. That’s my LinkedIn way
6 of saying I drive people around in my car. I used to drive a bus for the Midlands City
7 School District, but I couldn’t take all the vomiting, crying, and fighting that entailed. I
8 started driving for Uber in May of 2017, right after school let out. I only drive part time,
9 but the money isn’t bad and I set my own hours so I may upgrade to full time eventually.
10 I like to work the primetime hours when most of the drinkers are out on the town.
11 Not only do you get better tips, but the prices you can charge go way up and it means I
12 can keep my day job. You don’t get the classiest clientele, but it pays the bills. The way
13 Uber works is that people request a car to pick them up and we, the drivers, get a
14 notification of people needing rides near our location. Because of this, I like to circle the
15 downtown area around the bar and restaurant scene, starting at about 9 P.M. and
16 continuing until the bars shut down around 2:30 A.M. That way, I am near the highest
17 number of people who need a ride at a given time and it increases my odds of keeping my
18 car busy.
19 Because I tend to frequent the downtown area, I have gotten to know a lot of the
20 people who work there. I usually pick up my dinner at one of the food trucks so that I
21 won’t miss out on a customer. I have gotten to know most, if not all, of the food truck
22 owners who operate downtown. That’s why I noticed Souper Soups parked across the
23 street from Chuggies on July 16, 2017. That was the first time I had ever seen the Souper
24 Soups truck downtown. I first noticed it around 10:00 P.M., but it could have shown up
25 earlier in the day. Later in the night, at 11:11 P.M., I was in front of Chuggies again and
26 did not see the Souper Soups truck in the area. I have no idea when the truck left. Before
27 July 16, I had only ever seen Souper Soups in midtown by the courthouse which is over a
28 mile away. I will occasionally drop some fancy lawyer types off at the courthouse and
29 see the Souper Soups truck, but I don’t eat there.
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30 I saw the Souper Soups truck later that night too. On July 16, 2017, I was called to
31 do a pick up for “Dylan” at a residential address – I saw the rider’s name on the Uber
32 app. I was already in the area, so I accepted the request. At 11:25 P.M., I got a call from
33 Dylan through the Uber app telling me that Dylan was in a hurry so Dylan was already
34 waiting outside. When I pulled up to the address, I saw the truck for Souper Soups parked
35 out front. Dylan was waiting outside, just like Dylan said.
36 When Dylan got in my car, it looked like Dylan’s hair was wet, as if Dylan had
37 just taken a shower. I confirmed that this person was Dylan, and then asked if Dylan ran
38 the Souper Soups truck. Dylan just said “Yes, I’m going to Chuggies.” Dylan didn’t seem
39 to be in the mood for conversation. We started the ride at 11:27 P.M. I noticed Dylan
40 wasn’t wearing the typical Souper Soups uniform. Food trucks downtown usually close
41 at 11 P.M. or even later, and I didn’t know how Dylan could have gotten home and
42 changed and showered so fast, but maybe Dylan had closed a little early. I also don’t
43 know why Dylan would not have just stayed downtown rather than driving the truck back
44 home. It was a Sunday night. The bars were not going to be open much later.
45 I went back and forth between the area near Dylan’s home and downtown a
46 number of times that night and it is the same distance both ways. The amount of time the
47 trip takes varies. On most nights, the drive from downtown to the area around Dylan’s
48 house takes 10-15 minutes, but when there is traffic it can take almost 30 minutes. On
49 July 16, 2017, I made the drive from downtown to the area around Dylan’s house four
50 times between 9:00 P.M and midnight. Three of those times, the drive between
51 downtown and the area around Dylan’s house took almost half-an-hour and one time it
52 took me 12 minutes. Right before I picked Dylan up, I drove someone from Chuggies to
53 Dylan’s neighborhood. On that trip, I left Chuggies at 11:11 P.M. and dropped someone
54 off one block from Dylan’s house at 11:24 P.M.
55 While driving Dylan, I decided to take another shot at striking up a conversation.
56 Since Dylan had just showered, I thought maybe Dylan had a date, so I asked Dylan
57 whether someone special was waiting for me to drop Dylan off at the bar. Dylan said,
58 “nope, but I have a feeling this will be the last night I spend alone.” I asked what Dylan
59 meant, and Dylan said, “sometimes you just have to take matters into your own hands.
2
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60 I’ve decided to focus on making myself happy.” Dylan seemed positively giddy. I
61 decided not to ask any more questions.
62 There was no traffic at all when taking Dylan from Dylan’s house to downtown.
63 At 11:38 P.M. I dropped Dylan off at Chuggies as requested but I didn’t see Dylan go
64 inside. It might have been because the downtown area was flooded with flashing blue
65 and red lights from cop cars and ambulances. I saw Dylan walk toward the commotion
66 (as a lot of people were doing), but I didn’t get to find out what was going on because I
67 got another ride request.
68 The next day, I was shocked to see what happened on the news. I saw Dylan’s
69 mugshot on Channel 10 and decided I had to talk to the police. I went to the station, and I
70 told them I didn’t think Dylan could have done anything because I was the one who
71 dropped Dylan off downtown and the sirens were already going when we got there. The
72 police asked me if I knew Kerry and Carmen Bell-Leon and showed me pictures of both
73 of them. I told the police that I had driven Kerry Bell-Leon on multiple occasions since
74 Kerry lives downtown near my normal pickup area, and that it wouldn’t surprise me if
75 there were a long list of people with an axe to grind with Kerry. I’ve also seen Kerry
76 stumble into my car late at night looking glassy eyed and slurring. I don’t think it is just
77 the alcohol, either. It wouldn’t surprise me if Kerry was using Everest or even something
78 harder than that. I’ve driven enough pilots to and from the airports to know what a
79 stressful job that is and I’ve heard many say how much Everest helps them unwind.
80 Kerry has bragged a lot about being a pilot, so I wouldn’t be surprised if Kerry is using
81 the same escape as other pilots I’ve driven.
82 I’ve also driven Carmen Bell-Leon on a few solo trips, but I haven’t seen Carmen
83 recently. We haven’t talked much, but I’ve overheard Carmen talking to someone who
84 might have been a lover. The last time I saw Carmen was on a trip to the airport on July
85 2. I remember because Carmen was only carrying a tote bag and I asked where Carmen
86 was headed with so little luggage. Carmen said Carmen had just broken up with
87 Carmen’s spouse and was going to Ecuador to see family. I asked whether we needed to
88 go back and get the rest of the luggage. Carmen said, “No, I have all that I need here.
89 The rest will come in a couple of weeks.” I asked Carmen if Carmen was ok. Carmen
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90 said, “I haven’t been better. All of my dirty work is done, and my hands are clean.” I
91 don’t know what Carmen meant by that, and I didn’t ask.
92 I am familiar with the following exhibits in this case:
93 Exhibit 9 is a fair and accurate map of the area where I dropped off Dylan on July
94 16, 2017 in downtown Midlands City.
95 Exhibit 30 is an Uber receipt for the ride I gave Dylan Hendricks on July 16,
96 2017.
97
98 Signed: Subscribed and sworn to me on this on this 1st Day of August 2017:
99 Jamie Morrison Jack Bitterly
100 Notary Public
4
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Agency Name: Midlands State

Offense
PD
Call Number: 17-324619 🔲 Incident 🔲 Death of Suspect 🔲 Warrant Issued
🔲 Prosecution Declined 🔲 Investigation Pending
Midlands State
 Arrest-Adult 🔲 Juvenile/No Custody
Uniform Incident Report 🔲 Arrest-Juvenile 🔲 Unfounded/Closed
Report Incident
Date Year Time Date Year Time
17-Jul 2017 18:35 16-Jul 2017 22:50
Incident Location (Street, City, State, Zip)
Jaywood Bldg, 1999 Main St. Midlands City, Midlands
Offense Code A/C Degree Hate/Bias Gang-related
1. Attempted Murder 923.02~903.02 C F1 N N
Location of Offense (Enter up to two)

1. 02 2. 32 3. ________
Residential Commercial Public Access Bldg Retail Outside Suspected of:
01 Single Fam 05 Hotel/Motel 11 Transit Facility 19 Bar 27 Yard 50 Other A: 🔲 Alcohol
02 Multi-Fam 06 Financial 12 Govt Office 20 Restaurant 28 Construction D: Drugs
03 Other 07 Auto 13 School 21 Clothing 29 Waterway C:  Computer
04 Shed 08 Dr/Prof Off 14 College 22 Gas Station 30 Field Type of Weapons/Force Used
09 Storage 15 Church 23 Jewelry 31 Street 1. Gun 5. ________
10 Other 16 Hospital 24 Liquor St. 32 Parking lot 2. Cord 6. ________
17 Jail 25 Mall 33 Alley 3. ________ 7. ________
18 Parking Garage 26 Other 34 Cemetery 4. ________ 8. ________
Method of Entry Method of Entry - Motor Vehicle Method of Entry - Burglary/B&E
1: 🔲 Force 1: 🔲 Unlocked 3: 🔲 Window Broken 1: 🔲 Baset. 3: 🔲 2nd Flr 5: 🔲 Window 7: 🔲 Skylight
2:  No Force 2: 🔲 Hot Wire 4: 🔲 Slim Jim/Hanger 2: 🔲 1st Flr 4:  Door 6: 🔲 Garage 8:  Other
Total Victims: 1 Victim I:  Individual F: 🔲 Financial P: 🔲 Police S: 🔲 Society
Adult: 1 Juvenile: 0 Type B: 🔲 Business G: 🔲 Government R: 🔲 Religious O: 🔲 Other
Name (Last, First, Middle)
BELL-LEON, KERRY
Address (Street, City, State, Zip) Phone:
1999 Main St. Unit 6A Midlands City, Midlands
Victim  Yes If Injured, Describe Injuries:
Injured? 🔲 No Visible injuries to throat (abrasions and redness); small wound above right eye
Homicide? Agg. Assault? Victim/Suspect Relationship: Victim/Offense Link:
N Y unknown 923.02~903.02
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MIDLANDS STATE UNIFORM INCIDENT REPORT Incident No:

17-324619
Agency: MSPD
Reporting Party Name (Last, First, Middle)
JONES, MORGAN
Address (Street, City, State, Zip) Phone
1999 Main St. Unit 5A, Midlands City, Midlands 55555
Suspect Name (Last, First, Middle)

HENDRICKS, DYLAN T.
Address (Street, City, State, Zip) Phone
555 S Johnson St. Midlands City, Midlands 55555
ARREST/OFFENSE DESCRIPTION ARREST/OFFENSE CODE OFFENSE LEVEL/DEGREE WARRANT #

1. ATTEMPTED MURDER 923.02~903.02 F1
2.
3
4
5
Inventory/Evidence Collected (description) Location (Street, City, State, Zip)
1. Extension Cord (orange/10 ft. length) Victim Residence: 1999 Main St.
2. Cell phone Defendant's person
3. Letter Waters' person
4. Everest pills Victim’s person
5. Gun
6. See narrative for remainder
Reporting Officer Det. M. Nichols Badge No: MS1053 Date: 7/17/17
Approving Officer Chief Polson Badge No: MS1809 Date: 7/18/17
STATEMENT OF FACTS/NARRATIVE
1 On July 16, 2017, at approximately 11:10 PM, Det. M. Nichols responded to the Jaywood
2 Building condominiums at 1999 Main St. in downtown in downtown Midlands City to
3 investigate a report of a potential homicide.
4 Upon arrival, contact was made with first responders Officer Sandlin 1011 and Officer
5 Stanfield 1103. Sandlin advised that victim was not deceased but rather was unconscious
6 when found after being strangled and left for dead in a drug deal gone wrong. Stanfield
7 directed Det. Nichols to Morgan Jones, Charley Waters and Kerry Bell-Leon.
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8 Kerry Bell-Leon stated that Kerry Bell-Leon was attacked by Carmen Bell-Leon’s
9 paramour in a jealous rage. Kerry Bell-Leon stated that a gun was used in an attempt to
10 kill Kerry Bell-Leon but Kerry Bell-Leon was able to use self-defense skills to subdue the
11 attacker and wrestle the gun away. After a struggle, Kerry Bell-Leon was strangled with
12 an extension cord from behind and passed out.
13 Kerry Bell-Leon had blood shot and glassy eyes, and dilated pupils. Kerry Bell-Leon had
14 trouble focusing during the interview with Det. Nichols.
15 Kerry Bell-Leon stated Kerry Bell-Leon had part of mixed drink before leaving Chuggies
16 for food at a local food truck. Kerry Bell-Leon stated that Kerry decided to skip the food
17 because Kerry Bell-Leon didn’t feel well and just came home to go to bed early. Kerry
18 Bell-Leon was attacked while getting ready for bed and saw the attacker in the mirror
19 holding a gun.
20 Kerry Bell-Leon had no visible defensive wounds or gunshot wounds. Kerry Bell-Leon
21 did have redness and visible contusions on Kerry Bell-Leon’s throat from the extension
22 cord. A slight bump was visible above Kerry Bell-Leon’s right eye from hitting the floor
23 upon passing out.
24 Kerry Bell-Leon was having trouble describing the physical features of the attacker but
25 was certain it was Kerry Bell-Leon’s spouse’s lover, Dylan Hendricks. Kerry Bell-Leon
26 kept repeating, “It had to be. It had to be. That would explain everything.” Kerry Bell-
27 Leon couldn’t explain why Kerry Bell-Leon thought Carmen Bell-Leon’s paramour
28 would attack Kerry Bell-Leon or how an attacker would get into the building or Kerry
29 Bell-Leon’s condo.
30 Kerry Bell-Leon still had possession of all of Kerry Bell-Leon’s belongings. Aside from
31 broken furniture and a broken lamp, no personal property was reported missing from the
32 residence. Kerry Bell-Leon still had Kerry Bell-Leon’s cell phone, credit cards, and $125
33 in cash in a wallet attached to the cell phone. A key was located on the floor in the middle
34 of the living room. Kerry Bell-Leon stated Kerry Bell-Leon did not recognize the key;
35 however, the key was able to lock and unlock both the front and back doors to Kerry
36 Bell-Leon’s condo and the back door to the building under the maroon awning. It appears
37 that the building’s back door can be opened by any key that can open the doors to the
38 building’s individual units.
39 Before Det. Nichols could ask Kerry Bell-Leon any further questions, Kerry Bell-Leon
40 was taken by EMS for medical treatment.
41 While at the scene, Det. Nichols also spoke with the reporting party Morgan Jones. Jones
42 found Kerry Bell-Leon unconscious in Kerry Bell-Leon’s condo after growing concerned
43 when Kerry Bell-Leon left Jones’s birthday party at Chuggies without any explanation.
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44 Jones stated that as Jones’s party started to leave Chuggies for the Sparkle & Shade Club,
45 Jones walked the short distance to the Jaywood Building to see if Kerry Bell-Leon was
46 ill. Jones noted concern for Kerry Bell-Leon because Kerry Bell-Leon was extremely
47 upset about Kerry Bell-Leon’s spouse having an affair with a “wannabe top chef.”
48 Jones had trouble focusing during the interview and rarely made eye contact with Det.
49 Nichols. Jones had no odor of alcoholic beverage on Jones’s person but Det. Nichols did
50 notice that Jones had glassy and bloodshot eyes. Det. Nichols also noted that Jones had
51 dilated pupils. Jones denied any illicit or prescription drug use. Jones said that Jones was
52 simply tired and needed to remove Jones’s contact lenses.
53 Jones also stated that when Jones was looking for Kerry Bell-Leon that Jones saw a “drug
54 deal going down in the parking lot behind our building.” Det. Nichols asked how Jones
55 knew what a “drug deal” would look like and Jones paused for 10-15 seconds and
56 mumbled “must be TV.”
57 Jones said upon entering Jones’s condo in the Jaywood Building Jones heard a struggle
58 going on from Kerry Bell-Leon’s condo, unit 6A, and ran into Kerry Bell-Leon’s condo
59 to find an attacker strangling Kerry Bell-Leon. Jones could not describe the attacker or
60 what the attacker was wearing other than purple gloves. Jones pursued the attacker but
61 could not catch the attacker. Jones then returned to unit 6A to find Kerry Bell-Leon
62 motionless on the ground next to an extension cord and a broken lamp. Fearing the worst,
63 Jones called the police to report a possible homicide.
64 Jones was certain the attacker was a food truck owner that Jones believed was having an
65 affair with Kerry Bell-Leon’s spouse. Jones “had a strong feeling” the attacker was the
66 food truck chef. Jones had seen the soup truck owner delivering food to the Kerry Bell-
67 Leon’s condo before and blurted out, “with that many delivery orders, Carmen was
68 ordering more than just soup.”
69 Det. Nichols proceeded to the back door of the condo unit. The cabinet doors in the utility
70 room were open. The back door to Kerry’s condo was also open. Det. Nichols left the
71 condo through the back door. The door to the fire escape was just outside the back door
72 to the condo unit. Det. Nichols descended the fire escape. At the bottom of the fire escape
73 was a door to the parking lot behind the building. The back door to the parking lot (the
74 door under the maroon awning) was closed. Det. Nichols left the building into the
75 parking lot and the back door swung closed and locked. Det. Nichols used the key found
76 upstairs to unlock the door and open it. When the door was released, the door swung
77 closed and locked, such that that any person entering the building from the back door
78 under the maroon awning would need a key.
79 Det. Nichols was then approached by Waters who stated that Waters had seen “something
80 suspicious.” Det. Nichols then spoke with Waters at the scene. Unlike Jones, Waters was
4
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81 outside the Jaywood Building during the attack. As a street musician, Waters claimed to
82 be “the eyes and ears, and heart and soul of the street.” Waters asked if Kerry had
83 “OD’ed or something because Kerry looked pretty torn up walking in to the Jaywood
84 Building. Which makes sense when you’re the unknowing party of a love triangle gone
85 wrong.”
86 When asked why Waters thought Kerry would have overdosed, Waters mentioned seeing
87 Kerry meet with a known drug dealer “Mickey” around 10:30 P.M. and heard arguing.
88 Waters stated Kerry left the Jaywood Building’s back door ajar, and that at about 10:50
89 P.M. Waters saw an outline of a person Waters believed to be Dylan Hendricks enter the
90 building. Det. Nichols determined through questioning that Dylan Hendricks matched the
91 information provided by Kerry and Jones. Waters also mentioned that another person was
92 in the parking lot around the time Kerry entered the back door of the Jaywood Building.
93 Waters stated that the person in the parking lot was attempting to buy Everest from
94 someone named “Mickey.” Waters stated that Waters could only hear the individuals; no
95 visual contact was made. When asked if that was the person who followed Kerry into the
96 building, Waters stated, “You know, maybe. I can’t really be sure it wasn’t.” Waters
97 corroborated Kerry’s account of a gun being present.
98 Waters later stated Dylan Hendricks couldn’t have been involved though because Waters
99 followed the attacker out of the building around 11:10 P.M. and Hendricks’s food truck
100 was gone from where it was parked earlier in the night near Chuggies and Sparkle &
101 Shade.
102 Waters turned over a receipt for a firing range that listed Dylan Hendricks. Waters stated
103 the receipt was left in Waters’s music case, though Waters couldn’t provide any other
104 details about how the receipt got there or who left the receipt.
105 Waters indicated that the individual who left the Jaywood Building from the back door
106 had thrown something in a dumpster behind Sparkle & Shade. Det. Nichols searched the
107 dumpster and found an A.D. Baker and Company, Inc. revolver loaded with a single
108 bullet which was bagged and tagged as evidence.
109 At approximately 11:25 P.M., Det. Nichols then proceeded further down Ellis Blvd
110 where the food trucks in the area were parked. Only two food trucks were parked on Ellis
111 Blvd: Kostandinos’ Gyros and Tasty Tacos.
112 Officers Sandlin and Stanfield were with Kerry Bell-Leon when Kerry Bell-Leon was
113 taken to the front of the Jaywood Building to be loaded into an ambulance. Det. Nichols
114 returned to the scene and was present when Kerry Bell-Leon positively identified
115 Hendricks as Kerry’s attacker. Kerry Bell-Leon suddenly became agitated and upset.
116 Kerry then screamed that Hendricks had ruined Kerry Bell-Leon’s marriage and would
117 destroy Hendricks’s life like Dylan had destroyed Kerry’s life.
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118 Based on the information given by Kerry Bell-Leon, Jones and Waters, Hendricks was
119 arrested at 11:35 P.M. and taken in for questioning. Kerry Bell-Leon was taken to
120 Midlands City Hospital for evaluation. Det. Nichols was notified by ER Nurse Kennedy
121 that Kerry Bell-Leon admitted to having ingested cathiones methylene or “Everest.”
122 Kerry was also in possession of Everest pills, which Kerry had in Kerry’s front right
123 pants pocket. The pills were later retrieved and sent to the Midlands Bureau of
124 Investigation for testing.
125 SUPPLEMENTAL NARRATIVE #1-July 17, 0030 hours
126 Det. Nichols interviewed Hendricks at the Midlands City Police Department. Hendricks
127 signed a Miranda waiver and voluntarily submitted Hendricks’s phone for evidence of
128 attempted murder. Hendricks’s interview was transcribed and placed in evidence for
129 review prior to trial.
130 Det. Nichols also performed a public records search which revealed a food truck permit
131 (Permit V-37509) in Hendricks’s name for Leckrone Lane, Mondays through Friday. No
132 permit was found for the use of a food truck on Ellis Blvd. The public records search also
133 revealed an application for the aforementioned permit and a citation issued on July 16,
134 2017 for operating the food truck in an improper location.
135 SUPPLEMENTAL NARRATIVE #2-July 17, 0200-0630 hours
136 Det. Nichols conducted a search of Hendricks’s home and food truck. A pair of
137 disposable purple kitchen gloves – unknown brand and known size – were found in the
138 sink. They were wet. Det. Nichols took a photograph of the purple gloves in the sink and
139 then bagged and tagged the gloves. Everything else in the food truck appeared to be put
140 away in a very orderly fashion. The food truck was notably clean as if thoroughly cleaned
141 recently; however, only the disposable purple gloves in the sink and the sink itself were
142 wet. There was a trash can in the food truck that had a trash bag in it and some food
143 waste.
144 The search of the Hendricks’s home uncovered nothing of note except: (1) a single wet
145 maroon “Souper Soups” t-shirt that had “Souper Delicious” written on it in the washing
146 machine and (2) a pair of jeans on the floor of the bathroom. The t-shirt appeared to have
147 recently been washed as it was still damp from the washing machine. No other items
148 were in the washing machine.
149 SUPPLEMENTAL NARRATIVE #3-July 17, 2017, approx. 1200-1600 hours
150 Det. Nichols was contacted by Jamie Morrison who stated that Morrison drove Dylan
151 Hendricks from Hendricks’ house to downtown on the night of July 16. Morrison
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Revised: 9/18/17
152 provided an Uber receipt verifying the ride. The Uber receipt showed Hendricks’s being
153 picked up at 11:27 P.M. indicating that Hendricks was home by that time.
154 Det. Nichols then attempted to determine whether Hendricks could have been at home by
155 11:27 P.M. if Hendricks had been at the scene of the crime when it reportedly happened
156 around 11:00 P.M. Det. Nichols drove from Chuggies bar to Hendricks’s home three
157 times on July 17, 2017. The first trip began at 10:00 P.M and ended at 10:12 P.M. The
158 second trip began at 10:30 P.M. and ended at 10:45 P.M. The third trip began at 11:05
159 P.M. and ended at 11:16 P.M. Det. Nichols encountered no traffic during those trips.
160 SUPPLEMENTAL NARRATIVE #5-July 20, 2017
161 A search of Hendricks’s cell phone contained messages from an online dating application
162 that indicated Hendricks and Carmen Bell-Leon were having an affair. All of the
163 messages were retained on a zip drive and placed in evidence for review prior to trial.
164 Hendricks was interviewed a second time and that transcript and Hendricks’s Miranda
165 waiver have also been retained for trial.
166 Carmen Bell-Leon was not cooperative and refused to return from overseas. Det. Nichols
167 was unable to secure an official statement from Carmen Bell-Leon.
168 Bailey Bell-Leon was questioned by Det. Nichols and voluntarily turned over Bailey
169 Bell-Leon’s cellphone. Det. Nichols located text messages sent from Carmen Bell-Leon
170 to Paris Harmon and Jesse Reynolds.
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OFFICER AFFIRMATION STATEMENT
The State of Midlands provides Defendant, Dylan Hendricks, with notice of Midlands
City Police Department Detective M. Nichols’s relevant qualifications, experience,
training, and affirmation of accuracy statement.
I, Detective M. Nichols, hereby declare that the following list of training and
qualifications are an accurate and complete representation of my training and
qualifications as of the date affixed below:
Relevant Experience:
1. Midlands State Police Academy

2. Midlands State Highway Patrol
3. Midlands City Police Department
a. Vice and Narcotics Unit
b. Homicide Detective
Current and Relevant Training and Qualifications:
1. NHTSA training
2. Evidence preservation and collection
3. Witness Interrogation
4. Undercover officer safety and confidential informative handling
5. Computer and machine-based data collection and analysis
Affirmation of Accuracy:
I have reviewed the following documents in preparation for trial:
1. Midlands City Incident Report

2. All the exhibits that are available in this case.
I affirm that all of the above-listed documents are true, accurate, and are a complete and
final reflection of all of my knowledge and notes regarding this investigation.
I hereby swear, under the penalty perjury, that the above-listed information is true and
accurate.
M. Nichols August 15, 2017

Detective M. Nichols Date
Bianca Brock-Upham August 15, 2017

Notary Public Date
8
Revised: 9/18/17
1 Telecommunications Report of Dr. Jordan Smith

2
3 100 Sohi Road
4 Midlands City, Midlands 54545
5 smithjj@midlandsu.edu
6
7 August 7, 2017
8
9 Introduction
10 I have been retained by the State of Midlands to review cellular records of Dylan
11 Hendricks in connection with the attempted murder of Kerry Bell-Leon. My
12 assignment was to analyze the cellular activity for Hendricks’s Stratosphere 5x
13 smartphone during the period of 10:00 PM on July 16, 2017 to 12:35 AM on July
14 17, 2017 and record any conclusions I was able to draw.
15
16 I am chair of the department of Telecommunications and Applied Engineering at
17 the University of Midlands School of Engineering and Applied Mathematics, a
18 position I have held since 2010. I was previously an Assistant and Associate
19 Professor of Engineering at Midlands Tech. I received a Ph.D. in Applied
20 Engineering from the University of California, Berkeley in 1994 after I received
21 my B.S. from the University of Virginia. I also own Smith Engineering
22 Consultants, a consulting firm I founded in 2010. I have published 36 peer-
23 reviewed articles on the intersection of telecommunications and the law including
24 “Serial: A professional Critique of the Cell Tower Testimony” in the Journal of
25 Law and Technology and “Cellular Triangulation and ICE: Tracking Visa Violators
26 with Smart Phones” in the International Journal of Telecommunications Policy.
27
28 I have been retained in 27 court cases, including 19 civil cases and 8 criminal
29 cases, since I began working as an expert consultant. I testify for defendants as
30 often as I testify for plaintiffs or the state. In most cases, I’m asked to use cellular
31 technology to determine whether someone was on their phone at the time of an
32 auto accident. I am also regularly consulted by police to assist with finding a
33 fugitive, especially when a wanted criminal continues to use their regular phone
34 instead of a disposable cellphone commonly referred to as a “burner.” I have
35 helped police pinpoint the location of persons of interest on several occasions
36 using the same methods I used to evaluate the cellular data in this case.
37
38 Methods
39 In order to arrive at my conclusions in this report I reviewed the affidavits of Kerry
40 Bell-Leon and Jamie Morrison. I reviewed the log of Hendricks’s outgoing and
1
Revised: 9/18/17
41 incoming calls and texts on the evening July 16, 2017 supplemented with cell
42 tower metadata [Exhibit 38]. I then received in evidence Hendricks’s
43 smartphone, collected from Hendricks on July 17, 2017 at 12:35 AM, and
44 performed forensic data extraction on the phone. That extraction revealed
45 recorded activity in two apps during the relevant period: Tender and Uber. I also
46 reviewed cell tower maps of downtown Midlands City [Exhibit 39] and a map of
47 the area around the Jaywood Building [Exhibit 9]. That extraction allowed me to
48 see the times at which various Tender messages were sent but not their content.
49 Those times did not reveal any information about the location of Dylan Hendricks,
50 so I did not analyze them any further.
51
52 In addition to the analysis of preexisting data, I conducted my own investigation.
53 On the evening of July 30, 2017, I went to the parking lot of the Jaywood Building
54 and explored the area using a Stratosphere 5x model smartphone with the
55 mobile carrier Horizor, the same model and carrier as Hendricks’s phone. I
56 recorded my other observations from that site visit and incorporated them directly
57 into this report.
58
59 For this report, I evaluated all three of the data-sources: Wi-Fi login history where
60 available, cellular tower “pings,” and GPS. All of the conclusions in this report
61 were reached to a reasonable degree of scientific certainty in the field of
62 telecommunications engineering. This report outlines the methods by which I
63 reached those conclusions.
64
65 Forensic Cellular Data Reconstruction
66 Forensic cellular data reconstruction is a fairly young field. Ever since people
67 began using technology to communicate, other people have tried to use that
68 communicating technology to locate those people. Throughout most of the 20th
69 century, mobile communications occurred via radio. Think of a sailor beeping out
70 a Morse code signal.
71
72 When I began my studies at Berkeley in 1993 in telecommunications
73 engineering, my advisors widely expected that mobile technology was about to
74 explode, as cellular phones were just beginning to become ubiquitous. I was
75 encouraged to write a dissertation on how to translate the methods used for other
76 forms of technology to cellular phones. My dissertation research was some of the
77 first published work in the area of forensic cellular data reconstruction. Today, I
78 am the country’s leading expert in this area.
79
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80 Your average smartphone sends out hundreds of pieces of data every day to
81 satellites, cell towers, and Wi-Fi networks. But a smartphone stores a limited
82 amount of useful data. For example, the phone will store which Wi-Fi networks
83 the user has logged into in the past (until that data is purged) because those Wi-
84 Fi networks—if they are secured—often require a password, and the user
85 experience is eased when the phone stores those passwords in memory. On the
86 other hand, the phone will not generally store when the user logged in and out of
87 the network, or at least not for very long. Again, this enhances the user
88 experience. So long as a cellular phone is associated with a given carrier, it
89 needs no additional credentials for the user and the phone’s resources need not
90 be devoted to storing that information.
91
92 Phone Calls
93 I received the Horizor call log of Hendricks’s calls placed during the evening of
94 July 16, 2017. A call log provides a forensic engineer like myself with several
95 critical pieces of data: the time the call was placed, between which two phones,
96 which phone placed the call, the duration of the call, and, most importantly for
97 me, which cell towers were pinged to convey the call.
98
99 Every time a user tries to place a call, the phone sends a signal in every direction
100 looking for the nearest cell tower with available bandwidth to transport the call.
101 The first available tower the signal reaches sends back a ping which signals the
102 phone to initiate the call. A phone often relies on more than one tower to
103 transport the call. Often users are moving while they are talking on the phone.
104 Having a call be able to be transmitted via multiple towers helps keep the call
105 from getting “dropped” (which occurs when no cell tower is available to transmit
106 the call). Commonly, calls are dropped in rural areas when users leave the
107 range of one cell tower without another available tower in range. With this in
108 mind, cell phone carriers arrange cell towers in high cell traffic areas closer to
109 support a higher volume of calls. When one places a call, the number and
110 location of the cell towers that are pinged by a call are affected only by the
111 location of the cell phone initiating the call—not the recipient of the call. Similarly,
112 when one receives a phone call, the towers pinged when the recipient’s phone
113 rings is based on the location of the recipient’s cell phone, not the person making
114 the call.
115
116 When multiple cell towers are pinged at the beginning of a call, the overlap in
117 those towers’ service areas allow us to accurately determine the location of a
118 user. Each cellphone tower sends its signal over a certain area. If a cellphone is
119 able to connect with multiple towers from one location, we know that the person
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120 must have been somewhere where all of the cellphone towers’ signals
121 overlapped. The more cellphone towers a phone connects to, the more
122 accurately we can detect the location because the area of overlap between all
123 the cellphone towers’ signal is smaller.
124
125 Between 10:00 PM on July 16, 2017 and 12:35 AM on July 17, 2017, Hendricks
126 received one call and placed two calls. Each of these calls pinged three towers at
127 the beginning of the call, and the towers listed in the Horizor report are the
128 towers that were pinged by Hendricks’s phone. I was not able to access the
129 corresponding information about the towers pinged by the other party to
130 Hendricks’s calls. I cross-referenced the information in that report with the map of
131 the area that I created. The content of those calls was not recorded by Horizor;
132 cell phone providers are only legally permitted to record the content of calls when
133 provided with a valid warrant. I also determined the owners of the phone
134 numbers involved in these calls using cell phone carrier records.
135 1. At 10:26 P.M., Hendricks received a call that was not answered. That call
136 came from a phone number registered to Carmen Bell-Leon’s cell phone.
137 That call went to voicemail and was routed through cell towers 1
138 (MCD001), 2 (MCD002) and 3 (MCD003) on the map.
139 2. Hendricks called that number back at 11:10 P.M. That call was answered
140 and lasted for 5 minutes. That all was routed through towers 2 (MCD002),
141 3 (MCD003), and 4 (MCD004).
142 3. At 11:25 P.M., Hendricks placed an outbound call to a phone number
143 registered to Jamie Morrison. That call was answered and lasted for 1
144 minute. This call was routed through towers 2 (MCD002), 4 (MCD002),
145 and 5 (MCX074).
146
147 Using this data in isolation, I can only draw limited conclusions:
148
149 10:26 PM Call
150 During the 10:26 call, it is highly probable that Hendricks was in downtown
151 Midlands City. The likely intersection of the signals of Cell Towers 1 (MCD001), 2
152 (MCD002) and 3 (MCD003) is around Chuggies Bar and the Jaywood Building. If
153 Hendricks’s location had been further west or further north, Hendricks’s likely
154 would have been out of range of Cell Tower 3 (MCD003). If Hendricks had been
155 further south, Hendricks’ likely would have been out of range of Cell Tower 2. I
156 will concede that Hendricks could have travelled about a quarter mile to a half
157 mile east and remained within range of Cell Tower 1 (MCD001) and remained
158 within range of the other towers. However, on the night of July 16, 2017, a large
159 concert was taking place at the park just north of Cell Tower 1. Given the high
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160 density of cellphone traffic likely to occur near Cell Tower 1 on that night, it is
161 unlikely that Hendricks’s cellphone would have pinged that tower had Hendricks’s
162 travelled further east than Chuggies Bar. Accordingly, the most likely location of
163 Hendricks’s cellphone at the time of the 10:26 P.M. call is near Chuggies Bar and
164 the Jaywood Building.
165
166 11:10 PM Call
167 It is highly probable that when Hendricks placed a call at 11:10 PM, Hendricks’s
168 phone was located between the Towers 2 (MCD002) and 3 (MCD003) close to
169 the south bank of the river. At this point, Hendricks was too far east to be within
170 range of Cell Tower 1 (MCD001), but had come within range of Cell Tower 4
171 (MCD004). If Hendricks had been further south of the river, Hendricks would
172 have likely been out of range of Cell Tower 4. If Hendricks had been north of the
173 river, Hendricks likely would have pinged Cell Tower 5 (MCX074). In fact, I would
174 have expected Hendricks’s phone to ping Cell Tower 5 instead of Cell Tower 2
175 on the south bank of the river because MCX towers are long range towers
176 designed to cover less densely populated areas, whereas Cell Tower 2 likely had
177 significant traffic being in the heart of downtown Midlands City. While
178 Hendricks’s phone pinging Cell Tower 2 instead of Cell Tower 5 increases the
179 likelihood that Hendricks was actually further south than the south back of the
180 river at the time the 11:10 PM call was made, I believe it is still more likely that
181 Hendricks’s was actually close to the south bank of the river because the phone
182 was within range of Cell Tower 4.
183
184 11:25 PM Call
185 The third call at 11:25 was placed a substantial distance from downtown. It is
186 plausible that the call was placed from the vicinity of Hendricks’s residence. That
187 call was placed through the “Contact Driver” feature of the Uber app. Hendricks’s
188 phone was now out of range of Cell Tower 3 (MCD003) and moved within range
189 of Cell Tower 5 (MCX074). Hendricks’s phone continuing to ping Cell Tower 2
190 (MCD002)increases the likelihood Hendricks’s phone was actually further south
191 than Hendricks’s home when this call was made; however, the location of
192 Hendricks’s home is consistent with the phone pinging towers Cell Towers 2, 4
193 and 5.
194
195 Additional Investigation
196 I returned to the area around the Jaywood Building between 10:30 PM and
197 midnight on July 30, 2017. Because the Jaywood Building is located in an area
198 of town with vibrant nightlife, it was important to me to try to recreate the
199 circumstances under which Hendricks’s calls were placed as closely as possible,
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200 especially with respect to the day of the week, the time of day, the make and
201 model of cell phone, the cell phone carrier, list of saved Wi-Fi networks, and the
202 cell phone’s operating system. I began my investigation in the parking lot of the
203 Jaywood Building standing directly next to the maroon awning. This location was
204 as close as I was able to get to the place where Kerry Bell-Leon had been found.
205 I placed a call from that spot to the Midlands PD at 10:24 PM on July 30. The
206 records indicate that this call pinged Cell Towers 1 (MCD001), 2 (MCD002) and 3
207 (MCD003).
208
209 I then drove to the location where the interstate (marked by the blue shield on the
210 map) crosses over the south bank of the river. The drive from Chuggies bar to
211 the south bank of the river took me 7 minutes. At 11:00 PM, I placed a call from
212 that location to the Midlands PD. That call pinged Cell Towers 2 (MCD002), 3
213 (MCD003) and 4 (MCD004).
214
215 I then drove to Hendricks’s residence on the north side of the river. The drive
216 from my previous location on the south bank to Hendricks residence had no
217 unusual elements with respect to factors including the amount of traffic, road
218 construction, etc. and took me about 7 minutes. When I arrived at Hendricks’s
219 residence, I again placed a call to the Midlands PD at 11:15 PM. That call
220 pinged Cell Towers 2 (MCD002), 4 (MCD004) and 5 (MCX074).
221
222 The coverage of cellphone tower signals is typically quite predictable. While
223 patterns vary from tower to tower due to topography, building interference, or the
224 amount of traffic on a tower, the pattern of any particular tower is unlikely to vary
225 significantly. Topography and building interference are almost always constants
226 (and I found no evidence that they varied in this case). While traffic varies, the
227 variances are typically very small, especially if you compare the traffic at the
228 same time of day and same day of the week.
229
230 Tender
231 The Tender app uses either Wi-Fi or GPS data to connect app users with people
232 of potential interest nearby. If the user is logged onto a Wi-Fi network, Tender
233 will log the name and location of the Wi-Fi network and use that network to find
234 other users nearby. If (and only if), a user logs in to Tender without being
235 connected to Wi-Fi, the user will be located using GPS. If a user is logged in to
236 Tender from a Wi-Fi network, their phone was logged in to that Wi-Fi network
237 and the Tender app was running.
238
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239 The Tender app runs in the background – meaning that a user does not need to
240 be actively using the app for the app to perform certain functions. One such
241 background function is called “checking-in” and occurs immediately whenever a
242 user is connected to a Wi-Fi Network. “Checking in” sets a user’s location so that
243 user can see how far he or she is away from other users and vice versa.
244 However, Tender does not run “check in” in the background when not connected
245 to Wi-Fi in order to conserve cellular data usage.
246
247 According to the Tender app on Hendricks’s phone, Hendricks “checked in” on
248 Tender at 10:49 PM and 11:05 PM. The 11:05 PM check in used GPS data for
249 the location, indicating that the phone was not connected to Wi-Fi and that
250 Hendricks was using the app. This is consistent with the 11:05 P.M. Tender
251 message that Hendricks sent on the night of July 16, 2017 [Exhibit 26]. The
252 location of this check in was on the interstate approximately 1.2 miles east of
253 Chuggies bar at the point the road bends to the northeast.
254
255 The app recorded the 10:49 PM check-in from the secure Wi-Fi network
256 (“SkyHiWiFi”) inside the Bell-Leon’s condo. Wi-Fi check in locations are not as
257 precise as GPS check in locations, because they only tell the analysis what
258 network the user was logged into, not exact GPS coordinates. I did not have
259 access to a login history for that network because the Wi-Fi router used by the
260 Bell-Leons does not store that data. However, Hendricks’s phone did have the
261 password for this network, and it was among Hendricks’s many saved Wi-Fi
262 networks. This indicates that Hendricks had logged into this Wi-Fi network
263 before.
264
265 During my July 30, 2017 investigation, I downloaded Tender to my Stratosphere
266 5x sample phone and created two fake profiles: one for myself and one for the
267 Midlands PD. I checked into the app several times during my site inspection at
268 the crime scene. I found that my phone was connected to SkyHiWiFi whenever I
269 was in the Jaywood Building or within a 10-foot radius of the building.
270
271 Based on this information, I can conclude to a reasonable degree of scientific
272 certainty that at 10:49 PM on July 16, 2017, Hendricks’s Tender account was
273 accessed on Hendricks’s phone either within the Jaywood Building or within a
274 10-foot radius of the Jaywood Building.
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1 Report of F.W. Longfellow

2
3 August 15, 2017
4
5 Introduction and Background
6 I have been retained by Dylan Hendricks’s counsel to analyze the
7 telecommunications conclusions of Jordan Smith and the investigation of the
8 Midlands City PD into the attempted murder of Kerry Bell-Leon. It would have been
9 my preference to conduct an independent investigation to audit Dr. Smith’s
10 conclusions, but I was not hired to go that far, and my services are not as cheap as
11 they were when I was a government employee. My rates are now $300 an hour. My
12 role was to evaluate Dr. Smith’s report on its face based on my experience as an
13 investigator. To that end I reviewed Dr. Smith’s report and exhibits cited therein.
14 Altogether I spent about sixty hours reviewing Dr. Smith’s report and exhibits, along
15 with preparing my own report. I am also paid that same rate for my time testifying
16 in court.
17
18 I received an Associate’s Degree in Criminal Justice from Midlands Community
19 College in 1986 and completed the basic officer course at the Midlands Police
20 Academy in 1987. Immediately after completing my training, I joined the Midlands
21 City Police Department where I rose from a beat cop to sergeant to detective (in
22 property crimes and then in homicide) before becoming a lead detective in the
23 homicide division in 2007. Throughout my work at the MCPD, I received additional
24 training in criminal investigative techniques at the FBI headquarters. I retired in
25 2012 and founded Longfellow Investigation Consultants. Defense counsel (and only
26 defense counsel) frequently retain me to testify regarding interrogation techniques,
27 evidence of self-defense, bribery, and corruption, as well as crime scene
28 investigation techniques.
29
30 I should say I worked with Dr. Smith and have a lot of respect for Dr. Smith’s work
31 and investigations. I have seldom had trouble with Dr. Smith and think that the
32 doctor is one of the better ones. That said, no one is beyond reproach and Dr.
33 Smith’s investigation in this case leaves something to be desired.
34
35 Cellular Tracking
36 Cellular tracking is a common practice among law enforcement officers. The FBI
37 currently employs over 35 agents who are primarily devoted to cellular tracking,
38 and it has trained over 5,000 local law enforcement officers in its methods. I was
39 one of the local law enforcement officers trained by the FBI. I performed cellular
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40 tracking on a few occasions before I left the force. In each of those cases, my
41 analysis contributed towards a conviction.
42
43 Unfortunately, just because a practice is common among law enforcement, doesn’t
44 mean it’s always reliable. Cellular tracking has a number of flaws.
45
46 First, it is impossible to make a determination of a suspect’s location based on
47 proximity to and connection with a particular cellphone tower because a cellphone
48 doesn’t always connect to the nearest tower. The ranges of cellphone towers often
49 overlap, and a phone can connect to any cellphone tower that is within range. In
50 order to select particular towers, cellphones use a complex algorithm, which is
51 based on factors such as distance, signal strength, and traffic already using the
52 tower. For example, when a cellphone sends out a “ping” to locate a tower, it might
53 prioritize the closest tower—the first one to “ping” back. However, if the cellphone
54 receives a second ping shortly after the first with a stronger signal, the cellphone
55 may prioritize a tower that is farther away. What’s more, if the first two towers had
56 extremely high traffic (that is, many people were already using the towers), the
57 cellphone’s algorithm might pick a third tower that pinged back because it had low
58 traffic even though it was both farther away and had a weaker signal. All of that is
59 just an example of how a cellphone’s algorithm can cause a phone to pick a tower
60 that is not the closest.
61
62 Each cellphone company has a different algorithm. Those cellphone algorithms are
63 closely guarded by cellphone service providers as trade secrets. Even with those
64 algorithms, it would be virtually impossible to pin down someone’s location based
65 on which tower their cellphone pinged on any given occasion. In fact, there are so
66 many factors that go into determining which cellphone tower a phone connects to,
67 that two phones on the same carrier that simultaneously make calls can connect to
68 different two towers even though they are less than a foot apart.
69
70 Second, the size and shape of a cellphone tower’s signal shifts constantly. When
71 performing cellphone data location, law enforcement often assumes that a cellphone
72 tower’s signal range is shaped like circle or some portion of a circle. In reality, the
73 shape of a cellphone tower’s signal shifts and is typically more like a blob. Moreover,
74 the shape of the blob is always changing. It is not possible to determine the size or
75 shape of a cell tower signal after the fact. This makes pinpointing someone’s
76 location based on their usage of any particular tower extremely difficult.
77
78 Both of these problems are most pronounced when using only one cell tower to
79 pinpoint a suspect’s location. Cellphone tracking is more accurate when using
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80 multiple towers than single tower; however, the problems still exist even when a
81 cellphone connects to multiple towers. When a cellphone connects to multiple
82 towers, we only know that it was somewhere within the range of all those towers.
83 However, without knowing the shape of the tower signals at the time the phone
84 connected, it is impossible to tell exactly where that range is. In cities, cellphone
85 towers typically have a range of 0 to 20 miles. In more rural areas, some cell towers
86 have a 360 degree range at a distance of over 300 miles. I will admit that the range
87 of towers in urban areas, like the area around downtown Midlands City, is much
88 smaller than in rural or suburban areas due to higher usage in concentrated areas.
89 Thus, the area where multiple signals overlap is likely to be smaller and geolocation
90 based on multiple towers in urban areas is significantly more accurate than when
91 using towers in rural or suburban areas.
92
93 For these reasons, I am skeptical of Dr. Jordan Smith’s “Forensic Cellular Data
94 Reconstruction.” Dr. Smith went to commendable lengths to match the day of the
95 week, time, make and model of phone, operating system, cell phone carrier, Wi-Fi
96 network list, etc. used by Dylan Hendricks. As a result, Smith’s sample phone had
97 the same algorithm to determine which cellphone tower to use as Hendricks had on
98 the evening of July 16, 2017 (assuming the algorithm wasn’t altered a few weeks
99 later). The shape or range of each tower’s signal may have been different that day
100 from what it was on the night of July 16. I have not personally done any tests to
101 determine if the cellphone towers that both Dr. Smith and Dylan Hendricks
102 connected to shifted or are prone to shifting. That conclusion is purely based on my
103 theoretical knowledge of how many cellphone towers often behave.
104
105 In addition, simply pinging the same towers does not mean that they were in the
106 same location. It is possible that two cellphones can ping three identical towers
107 from anywhere in which those three signals overlap. Dr. Smith appears to assume
108 that the area in which the signals overlap is the area in the middle of the towers.
109 However, with the irregular shapes of cellphone tower signals, overlapping areas
110 could also be miles away from the locations Dr. Smith identifies. Of course, this
111 doesn’t necessarily mean that Hendricks was not in the locations that Dr. Smith
112 suggests at the times suggested by Dr. Smith. Given the concentration of cellular
113 towers downtown, it is likely that Hendricks was roughly where Dr. Smith
114 concluded Hendricks’s phone had made and received calls from.
115
116 Tender
117 I also have concerns about Dr. Smith’s use of Tender to determine the position of
118 Dylan Hendricks. Dr. Smith accurately describes the way Tender works; however,
119 Dr. Smith ascribes too much accuracy to information given by the app. Dr. Smith
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120 simply walked around the area near the Jaywood Building to determine that the app
121 would log on to Bell-Leon’s Wi-Fi network within a 10-foot radius of the building.
122 Dr. Smith conducted this so-called “experiment” on only one day and on only one
123 phone.
124
125 It is entirely possible that Hendricks’s phone would not have been able to check into
126 the Bell-Leon’s Wi-Fi network when standing anywhere but the condo itself. It is
127 also possible that Hendricks’s phone would have been able to check into the Bell-
128 Leon’s Wi-Fi network from further away than a 10-foot radius of the building.
129 However, I did not personally test the area around the building. In fact, I have never
130 downloaded the Tender app or attempted to connect to the Bell-Leon’s Wi-Fi
131 network.
132
133 I will admit that sometimes the whole can be greater than the sum of its parts. In
134 my days as an investigator, I certainly relied on pieces of circumstantial evidence
135 together to nail a suspect even if each piece of data individually was not sufficient
136 for a conclusion. As Dr. Smith notes, the GPS, cellular and Wi-Fi data are all
137 suggestive of Hendricks being at or near the crime scene. But this can be dangerous
138 too. A successful cross-reference of two imperfect pieces of data can cause an
139 investigator to become over-confident in the result. I have some concerns that this
140 happened to Dr. Smith in this case.
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1 Expert Report of Ryan Reeves, Pharm.D.

2
3 August 15, 2017
4
5 I am a pharmacologist specializing in pharmacokinetics. Pharmacokinetics is the
6 science of how drugs move throughout the body. I have been retained by Dylan
7 Hendricks’s counsel to provide information on the use of a designer drug,
8 cathiones methylene, known as “Everest” on the street, and analyze its effects on
9 eyewitness testimony in this case.
10
11 Professional Background
12 I am the Wallace Professor of Substance Abuse Pharmacology at Midlands State’s
13 Phil Donnelly School of Pharmacology, a post I have held since 2008. I received
14 my Pharm.D. from the St. Louis College of Pharmacy in 2001 after receiving a
15 B.S. in Microbiology from Yale in 1985. Between 1985 and 1995, I was a clinical
16 pharmacist at Polk Hospital, holding a joint appointment as Assistant Professor
17 of Practice at Midlands State. When I was awarded the Wallace Chair, I took a
18 step away from my clinical practice and began teaching and researching full-time.
19 I have published 25 peer-reviewed articles on pharmacokinetics, presented at
20 least annually at professional conferences, and serve as Associate Editor of the
21 American Journal of Pharmacokinetics.
22
23 I am widely called upon as an expert on pharmacokinetics, the science of how a
24 drug moves throughout the body. I charge a $10,000 flat fee for my analytical
25 and consulting services. I have testified in over 25 trials. I provide consulting
26 services exclusively for defendants.
27
28 Materials Reviewed
29 While drafting this report I reviewed the affidavits of Kerry Bell-Leon and
30 Morgan Jones, as well as the Everest in the bag recovered from Kerry Bell-Leon
31 on the evening of the alleged attack. I have never spoken to Kerry Bell-Leon or
32 Morgan Jones nor did I request to. The affidavits I reviewed gave me all of the
33 information I needed. While speaking to Kerry Bell-Leon and Morgan Jones may
34 have certainly helped me to verify the assumptions I used in my analysis, I chose
35 not to do so.
36
37 All of the conclusions in this report are reached to a reasonable degree of
38 scientific certainty. I have included all my conclusions related to this case in this
39 report. This report is based on the latest scientific research on Everest and
40 contains all of the essential information about the drug. Indeed, I do not believe
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Revised: 9/18/17
41 there is any aspect of Everest usage related to this case that is not covered by this
42 report.
43
44 Background on Everest
45 In 2007, hospitals across Midlands reported treating a gradually increasing
46 number of patients using a new designer drug called “Everest.” Highly addictive,
47 Everest (cathiones methylene) in its purified form poses few immediate risks to
48 the user. This renders it more appealing than cocaine or heroin. Users tend to
49 crave the euphoria they experience but suffer no physical withdrawal symptoms.
50 For this reason, among people who have used Everest, over 70% reported that
51 they used it again. This is an astounding figure.
52
53 The effects of Everest, like many
Concentration Symptom
54 drugs, are dose-dependent. This
2 mg/L Mild Euphoria
55 means that the effects of the
56 drug on the human body change 6 mg/L Mild Nausea
Headache
57 as the amount of the drug
58 consumed—the dosage—is Poor Motor Skills
59 changed. When the 9 mg/L Anxiety
60 concentration of a drug reaches Paranoia

61 a certain level (and only at that Moderate Nausea
62 point), the patient may 14 mg/L Incomplete Memory Encoding
63 experience the symptoms Limited Executive Functioning
64 appropriate to that level of Slurred Speech
65 concentration or that of any Severe Nausea
66 lower level of concentration. 25 mg/L Death
67 Just because a patient has a Table 1: Everest Symptoms
68 given concentration level does
69 not mean the patient experiences all—or even any—of the symptoms associated
70 with that level. When the concentration of Everest declines below a particular
71 level, the patient is no longer at risk of the symptoms associated with that level.
72 Moreover, it is possible that patients can develop a tolerance to a drug like
73 Everest in which even higher concentrations than those given in Table 1 are
74 needed to experience a given symptom. But, at no point is it scientifically possible
75 to experience a symptom at a lower level of concentration than shown in Table 1.
76
77 Everest is a stimulant that can cause marked increase to the heart rate. Everest
78 users take the drug because it confers a short-term feeling of exhilaration. The
79 effects of Everest at low doses (about 2 mg/L) are mild and often quite pleasant,
80 encompassing symptoms like mild euphoria. At moderate doses, some negative
81 short-term symptoms begin to be present. These symptoms can include mild to
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82 severe nausea and headaches as well as anxiety, panic, or a sense of general

83 paranoia. Many Everest users are undeterred by these relatively mild symptoms
84 in pursuing the Everest high.
85
86 At higher doses, the negative effects of the drug increase markedly. At these levels
87 (greater than or equal to 14 mg/L), Everest causes rapid and intense stimulation
88 of the pre-frontal cortex, the center of the brain responsible for executive
89 function and essentially human activities like decision-making, language, and
90 memory. At this concentration, Everest inhibits the ability of the brain to encode
91 memories, meaning a reduced ability of the individual to remember events
92 experienced while under the influence of these higher doses of Everest.
93
94 Unfortunately this symptom has been found desirable by some users who take
95 Everest to “forget their problems” temporarily. Repeat users complain that the
96 extent to which Everest allows them to escape painful memories deteriorates over
97 time, causing those users to seek even higher doses because the symptoms begin
98 to appear at higher concentrations than shown in Table 1. In addition, there is an
99 infrequent complaint that high Everest concentration can have the opposite
100 effect: because of the highly stimulated pre-frontal cortex, events perceived while
101 under the influence of a high concentration of Everest are sometimes burned into
102 the memory of the user with startling clarity, causing them to relive the moment
103 over and over again. This effect is rare, and without a perfect record of the event
104 perceived, an outside observer like myself cannot easily distinguish between a
105 “burned,” accurate memory on the one hand and a poor memory on the other.
106
107 At extremely high doses (greater than 25 mg/L), Everest is fatal. Table 1
108 summarizes the symptoms of Everest. There are no other symptoms of Everest
109 other than those displayed in Table 1.
110
111 Obviously, the effects of a drug on the human body are not constant over time
112 after it is ingested. After a drug is ingested, the level of the drug within the human
113 body gradually rises over time, eventually reaching a “peak level”—the greatest
114 concentration of the drug in the system. As time passes, the body processes the
115 drug and its effects wear off. For dose-dependent drugs like Everest, the
116 symptoms experienced by the individual are determined by the drug level at a
117 given point in time. More formally, when a drug is first ingested, the body enters
118 an absorption phase in which the rate of drug absorption is greater than the rate
119 of elimination. At peak concentration, the rate of absorption equals the rate of
120 elimination. Following peak concentration, the rate of drug elimination is greater
121 than the rate of absorption, and the body enters the post-absorption phase.
122
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123 The concentration of most drugs in the human body is affected by individual-
124 level factors, such as liver function, kidney function, and the subject’s
125 demographic characteristics. Some drugs are highly lipophilic: they are stored in
126 the body’s stores of fat. For those drugs, then knowing a patient’s height or
127 weight is important to determine that drug’s concentration. Luckily, my analysis
128 in this case was eased by the fact that Everest is entirely renally cleared, and
129 therefore the level of the drug is relatively unaffected by demographic factors like
130 height, weight, and gender. The best predictor of estimated renal function is age.
131 Innumerable peer-reviewed studies have documented that knowing a patient's
132 age does far more to predict their estimated renal function than knowing that
133 person's height or weight. Because, unlike lipophilic drugs, Everest is entirely
134 renally cleared, the formula I used provides valid results in the absence of direct
135 information about a patient's height or weight. Additionally, there have been no
136 documented reactions of Everest with other drugs, including alcohol.
137
138 The Midlands legislature took note of the harmful effects of Everest, passing a bill
139 signed into law in 2015 that criminalized the possession, sale, and use of Everest.
140
141 Analysis
142 My goal in this analysis was to determine the likely symptoms Kerry Bell-Leon
143 was suffering when Kerry Bell-Leon was allegedly attacked on the evening of July
144 16, 2017. Because Kerry Bell-Leon admits to Everest usage earlier that evening,
145 the key question is whether Kerry Bell-Leon was suffering from short-term
146 memory loss caused by Everest, which would have compromised Kerry Bell-
147 Leon’s recollections of the events.
148
149 According to the toxicology report from Midlands City Hospital, Kerry Bell-
150 Leon’s bloodstream still contained 7.6 mg/L of Everest at 1:00 A.M. By Kerry
151 Bell-Leon’s own admission, Kerry Bell-Leon used Everest on a regular basis.
152
153 Given information about variables such as timing and dose, pharmacokinetics
154 provides a scientific tool that can be used to pinpoint the level of a drug in an
155 individual at a given point in time. This is the analysis that I performed in this
156 case. This analysis is the gold standard analysis used to determine the
157 concentration of a drug in a patient’s system at a given point in time.
158
159 The analysis relies on several factors:
160 1. Absorption Rate (ka). This is the rate at which the body processes the drug.
161 It determines the amount of time it takes for the drug’s onset. For Everest,
162 this constant is 1.47 mg/hour.
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163 2. Elimination Rate (ke). The rate at which the drug leaves the human body.
164 For Everest and an individual between 30 and 40 years of age with normal
165 renal functioning, which I assume Kerry Bell-Leon to be, laboratory testing
166 indicates that the elimination rate of the drug is 0.52 mg/hour. If
167 anything, this is a conservative value; the true value may be higher.
168 3. Volume of Distribution (V). The extent to which the drug is distributed in
169 the body’s tissues rather than blood plasma. Generally, it reflects how a
170 drug will be distributed throughout the body. It is based on
171 physiochemical features of the drug (e.g. solubility) rather than
172 physiological features of the patient. For Everest, this value is 20 liters. If
173 anything, this is a conservative value; the true value may be higher.
174 4. Dose (D). The amount of drug that was initially ingested. Based on the
175 statements of Kerry Bell-Leon and Morgan Jones, it is clear that Kerry
176 Bell-Leon ingested a single Everest pill. Of course, these pill capsules are
177 filled by non-pharmaceutical professionals, making it highly likely that
178 there is a good deal of variance in the amount of Everest per pill. I was
179 provided the set of pills that were found on Kerry Bell-Leon’s body later
180 that night. While they were not necessarily from the same dealer as the
181 drug ingested by Kerry Bell-Leon that night, they provide some estimation
182 of the amount of Everest per pill capsule. The 20 pills I analyzed had a
183 maximum value of 500 milligrams of Everest per capsule. I therefore used
184 that amount in my calculation, acknowledging that my conclusions would
185 likely be entirely different if there was substantially less Everest in the pill
186 that Kerry Bell-Leon consumed that night.
187 5. Time (in hours) (t). The amount of time since the drug was ingested into
188 the human body. Based on the time Kerry Bell-Leon left Chuggies, I
189 assume Kerry Bell-Leon consumed Everest 1.25 hours before the attack
190 (assuming the attack happened immediately preceding the 11:01 P.M. 911
191 call) and 3 hours before the hospital drew a blood sample.
192
193 We use this information to plot the concentration of the drug over time (t in
194 hours) using this standard first-order pharmacokinetics formula for an oral dose
195 of a drug:
𝐷∗𝑘𝑎
196 Concentration(hour) = 𝑉(𝑘 ∗ [𝑒 −𝑘𝑒𝑡 − 𝑒 −𝑘𝑎𝑡 ]
𝑎 −𝑘𝑒 )
197
198 This analysis produces the curve shown in Figure 1. As is clear from the figure, at
199 the time Kerry Bell-Leon’s blood was drawn at the hospital, three hours after
200 taking Everest, Bell-Leon’s body had entered the post-absorption phase, as is
201 obvious from the negative slope of the line at the point three hours after the dose
5
Revised: 9/18/17
202 of Everest (assuming that Kerry Bell-Leon took the Everest 1.25 hours before the
203 attack, a point of which I cannot be sure).
204
205 Based on my calculations, the drug reached peak concentration between 60 and
206 75 minutes after the initial dose. Assuming again that the initial dose was at 9:40
207 P.M., Kerry Bell-Leon was experiencing a
208 peak concentration slightly over 14 mg/L of
209 Everest, an amount higher than the 14 mg/L
210 typically expected to cause problems with
211 memory encoding. Of course, if Bell-Leon
212 took the Everest at a different point in time
213 while at Chuggies, this conclusion would not
214 apply. Importantly, both Kerry Bell-Leon and
215 Morgan Jones note that they only took one
216 Everest pill while at Chuggies.
217
218 Conclusions Figure 1: Concentration Curve
219 Based on the amount of Everest in Kerry
220 Bell-Leon’s body, I conclude that it is possible that Kerry Bell-Leon suffered from
221 severe memory encoding issues at the time of the alleged attack. I consider Kerry
222 Bell-Leon’s recollections of the attack severely compromised. In addition, at the
223 time of the attack, at a concentration of greater than 14 mg/L, it is likely that
224 Kerry Bell-Leon displayed at least some of the perceivable symptoms like poor
225 motor skills or slurred speech. I am not any kind of combat expert but I can
226 generally say Kerry Bell-Leon was probably more vulnerable than usual to being
227 overpowered and this fact was likely apparent to anyone interacting with Kerry
228 Bell-Leon.
229
230 Under the set of assumptions outlined in the previous section, I reach these
231 conclusions. Any scientific analysis is dependent on its assumptions, and I
232 acknowledge that the conclusions I reach in this report are extremely sensitive to
233 the assumptions I used. Were the assumptions different, the curve would look
234 different, and it would be highly improbable that Kerry Bell-Leon suffered from
235 memory loss at the time of the attack. I acknowledge that is also a reasonable
236 conclusion one could reach.
237
238 Jones’s Everest Use
239 I am also aware that Morgan Jones is a regular user of Everest. I am aware from
240 Kerry Bell-Leon’s affidavit that Morgan Jones was using Everest on the evening
241 of July 16, 2017, though I acknowledge that Jones does not admit to any Everest
242 use on that evening. It is not unusual for drug users to lie about their drug use,
6
Revised: 9/18/17
243 especially if they are addicts. Of course, Jones’s blood was never drawn at the
244 hospital, and it is unknown whether Jones received Everest from anyone else on
245 the evening of July 16, 2017. However, I assume that Jones and Kerry Bell-Leon
246 took the same amount of Everest and did so at the same time. As a result, the
247 same pharmacokinetic curve applies to Kerry Bell-Leon and Morgan Jones. Thus
248 my conclusion also applies to Morgan Jones. Jones likely also suffered short-term
249 memory loss and poor motor and speech skills at the time of the attack. Of
250 course, the same limitations apply to my analysis of Jones as they do to my
251 analysis of Kerry Bell-Leon.
252
253 Additional Limitations
254 This report summarizes the major studies over the last decade regarding the
255 effects of Everest use. There are, of course, some limitations to these studies.
256 Because Everest has been a popular drug for less than 10 years, we only have data
257 on people who have used Everest for, at most, 10 years.
258 In addition, there is surprisingly limited data on ex-users of Everest. Because

259 Everest is severely habit-forming, the studies targeted towards ex-users were
260 unable to find many participants who had successfully quit, as many participants
261 relapsed during the course of the study.
262 Because widespread usage of Everest for recreational purposes has only recently
263 blossomed, there have been very limited studies of that drug’s kinetics. As a
264 result, the kinetics formula used to produce the analyses and conclusions
265 discussed above was based entirely upon a formula that has been validated in
266 vitro but not in vivo; it has been validated in a test tube in a lab but not in actual
267 human subjects. Of course, there are ethics concerns with widespread clinical
268 trials to determine the exact kinetics formulas, though the scientific community
269 has validated in vivo formulas for nearly all major drugs.
7
Revised: 9/18/17
1 INTERVIEW OF DYLAN HENDRICKS Exhibit

2 1
3 Midlands City Police Station
4
5 DATE: July 17, 2017
6
7 TIME: 12:30 a.m.
8
9 PART 1
10
11 ****************************************************************
12
13
14 Detective M. Nichols: Good afternoon. For the record, the
15 speaker is Detective Nichols of the Homicide Unit. The
16 individual being interviewed is Dylan Hendricks. Prior to
17 this interview you filled out this form acknowledging that
18 you waived your Miranda rights, correct?
19
20 Dylan Hendricks: Correct.
21
22 Det. Nichols: You know you weren’t supposed to fill out the
23 bottom, right?
24
25 Dylan Hendricks: What do you mean?
26
27 Det. Nichols: This writing at the bottom. It’s yours,
28 right?
29
30 Hendricks: Yes, I just filled it all out.
31
32 Det. Nichols: OK, thanks. You are very helpful. Looks like
33 this isn’t your first run in with the law, isn’t that
34 right?
35
36 Hendricks: What are you talking about?
37
38 Det. Nichols: Misdemeanor theft?
39
40 Hendricks: Oh, that’s right. Back in 2010. I wasn’t in a
41 good place. Served a few months in jail, learned to cook in
1
Revised: 9/18/17
42 the commissary, and turned things around. I’m on the

43 straight and narrow now.
44
45 Det. Nichols: Well, as you know, we brought you in because
46 you were just accused of trying to kill Kerry Bell-Leon. We
47 just want to try to get your side of the story now.
48
49 Hendricks: Well I did not do it.
50
51 Det. Nichols: Do you know any reason why Kerry Bell-Leon
52 would accuse you then?
53
54 Hendricks: Revenge, I guess. I was having an affair with
55 Kerry Bell-Leon’s spouse, Carmen. Kerry just wants to ruin
56 my life!
57
58 Det. Nichols: Really? That’s interesting. I’m surprised
59 Kerry didn’t try to kill you. Were you visiting Carmen that
60 night in the Jaywood Building?
61
62 Hendricks: No, Carmen is out of the country right now.
63 Ecuador. Visiting family. I wasn’t in the Jaywood Building
64 at all.
65
66 Det. Nichols: What were you doing in the area then?
67
68 Hendricks: I run a food truck, Souper Soups.
69
70 Det. Nichols: I’ve been there. It’s good.
71
72 Hendricks: Thanks. I set up shop on Ellis Blvd. across from
73 Chuggies bar to get the drunk crowd. You’d be surprised how
74 many drunk people want soup, even in the summer.
75
76 Det. Nichols: You’re right. I would be surprised. So why
77 weren’t you at your truck selling soup when we saw you?
78
79 Hendricks: I had already closed for the night. I saw all
80 the commotion – you know, the ambulance and police - around
81 the Jaywood Building and just walked over to see what was
82 going on.
2
Revised: 9/18/17
83
84 Det. Nichols: Well you received this citation for not
85 having a permit to set up shop there. First of all, why’d
86 you set up shop there without a permit?
87
88 Hendricks: I always do it – all the food truck operators
89 do. No one really gets permits for those things.
90
91 Det. Nichols: Well didn’t you apply for a permit to sell
92 somewhere else? I believe I have that application and
93 permit right here.
94
95 Hendricks: Yes, those are my application and permit. I got
96 those before I knew everyone didn’t bother with that kind
97 of stuff. Are you going to lock me up for that?
98
99 Det. Nichols: We’ll see. I just want to go back a little
100 bit. How did you meet Carmen?
101
102 Hendricks: On Tender. Do you know it? It’s a Midlands-only
103 dating app.
104
105 Det. Nichols: When did you meet?
106
107 Hendricks: We matched on Tender in February earlier this
108 year and met up for coffee about a week after we started
109 messaging each other. It got umm … romantic soon after
110 that.
111
112 Det. Nichols: Did you know Carmen was married?
113
114 Hendricks: Carmen told me pretty soon. Probably in April.
115 It didn’t matter. We are in love.
116
117 Det. Nichols: It didn’t bother you that Carmen waited
118 months to tell you that Carmen was married?
119
120 Hendricks: Like I said, we’re in love. Nothing else
121 matters.
122
123 Det. Nichols: So are you still seeing Carmen?
3
Revised: 9/18/17
124
125 Hendricks: Yes, or at least I think so. If Carmen ever
126 comes back from Ecuador.
127
128 Det. Nichols: Why wouldn’t Carmen come back from Ecuador?
129
130 Hendricks: I don’t know.
131
132 Det. Nichols: Did Carmen say anything to you about that?
133
134 Hendricks: No.
135
136 Det. Nichols: So why would you say Carmen won’t come back
137 from Ecuador?
138
139 Hendricks: That’s not what I said. I said, “If Carmen ever
140 comes back,” and I don’t know why I said it.
141
142 Det. Nichols: Did you ever meet Kerry Bell-Leon?
143
144 Hendricks: Only once. Kerry came to Souper Soups, my soup
145 truck, earlier in the day.
146
147 Det. Nichols: You mean earlier today?
148
149 Hendricks: Yes, I think I have a copy of the receipt on my
150 phone. Ordered catfish chowder. Here it is.
151
152 Det. Nichols: Yum. Did Kerry say anything to you when Kerry
153 came to your truck?
154
155 Hendricks: Wanted catfish chowder.
156
157 Det. Nichols: Anything else?
158
159 Hendricks: Not that I remember.
160
161 Det. Nichols: So Kerry Bell-Leon just went and ordered
162 catfish chowder from the person having an affair with
163 Kerry’s spouse?
164
4
Revised: 9/18/17
165 Hendricks: Yeah, I guess so. I don’t know if Kerry knows

166 what I look like or what my name is.
167
168 Det. Nichols: Did you know what Kerry looked like before
169 Kerry came to your food truck?
170
171 Hendricks: Sure, I saw Kerry’s picture around Carmen’s
172 condo and even saw Kerry with Carmen a few times.
173
174 Det. Nichols: I thought the only time you saw Kerry was at
175 the food truck?
176
177 Hendricks: No, no, no. That was the only time I met Kerry.
178 I just saw Kerry the other times.
179
180 Det. Nichols: Uh huh. What time did you close your truck?
181
182 Hendricks: About 10:30.
183
184 Det. Nichols: Doesn’t that seem a little early to get the
185 drunk crowd?
186
187 Hendricks: Not really. I guess people here go out early.
188
189 Det. Nichols: What did you do after you closed the truck?
190
191 Hendricks: I went home.
192
193 Det. Nichols: Went home? We picked you up at the Jaywood
194 Building. Where do you live?
195
196 Hendricks: 555 S. Johnson Street. But I went back out. I
197 just had to take the food truck home, you know?
198
199 Det. Nichols: Uh huh. How did you get back downtown?
200
201 Hendricks: I took an Uber. I got dropped off in front of
202 Chuggies.
203
204 Det. Nichols: So you drove all the way home and took an
205 Uber back to the same spot?
5
Revised: 9/18/17
206
207 Hendricks: You would too if you smelled like catfish
208 chowder.
209
210 Det. Nichols: Uh huh. Let’s take a break.
211
212 Hendricks: Really?
213
214 Det. Nichols: Yeah, Really. I just want to check on some
215 things.
216
217
218 PART 2
219
220 Date: July 21, 2017
221
222 TIME 1:00 pm
223
224 ****************************************************************
225
226 Hendricks: Took you long enough. When are you going to let
227 me go?
228
229 Det. Nichols: I told you. I had to check on some things.
230 You need to make bail if you want to leave.
231
232 Hendricks: I can’t make bail. I run a food truck. What
233 things were you checking on?
234
235 Det. Nichols: For starters, you’ve been in Carmen and Kerry
236 Bell-Leon’s condo, right? How many times?
237
238 Hendricks: Sure, dozens of times.
239
240 Det. Nichols: Does the floor plan look accurate to you?
241
242 Hendricks: Yes, it does.
243
244 Det. Nichols: And is this an accurate representation of the
245 area around the Jaywood Building?
246
6
Revised: 9/18/17
247 Hendricks: Yes, and it shows where I parked my food truck.

248
249 Det. Nichols: Is this your receipt for a gun range?
250
251 Hendricks: Yes. Carmen suggested I learned how guns work in
252 case Kerry came after us. Carmen was really worried about
253 self-defense.
254
255 Det. Nichols: Do you know what these pills are?
256
257 Hendricks: Sure, they are Everest. I can tell by the smiley
258 faces.
259
260 Det. Nichols: Have you ever used it?
261
262 Hendricks: Nope, never. And I haven’t used any other drugs
263 either.
264
265 Det. Nichols: How do you know what it is then?
266
267 Hendricks: I’ve seen it on the news.
268
269 Det. Nichols: And is this your Uber receipt?
270
271 Hendricks: Yeah, it is. How’d you get that?
272
273 Det. Nichols: We have your phone remember. You should
274 really put a password on it.
275
276 Hendricks: Oh, yeah maybe.
277
278 Det. Nichols: Can you tell me what these things are?
279
280 Hendricks: These look like all the transactions for my food
281 truck on July 16, 2017. See that one is Kerry! I told you
282 that was the only time I saw Kerry.
283
284 Det. Nichols: Were there any transactions other than those
285 listed here that day?
286
7
Revised: 9/18/17
287 Hendricks: No.

288
289 Det. Nichols: And these Tender messages. Are they yours?
290
291 Hendricks: Yes, they are mine.
292
293 Det. Nichols: Are these all the messages you sent?
294
295 Hendricks: No, Tender deletes messages after 30 days. Those
296 are all the messages I sent in the last 30 days.
297
298 Det. Nichols: Did you communicate in any other ways?
299
300 Hendricks: We also talked on the phone.
301
302 Det. Nichols: Why did you keep using Tender?
303
304 Hendricks: It’s more private. Kerry was less likely to see
305 Tender messages than a text message. The notifications
306 don’t show up on your phone. And I doubt someone like Kerry
307 even knows what Tender is.
308
309 Det. Nichols: Were you and Carmen plotting to kill Kerry?
310
311 Hendricks: No, of course not. Carmen was going to leave
312 Kerry for me. Carmen had already told Kerry about the
313 affair. Right before Carmen left the country.
314
315 Det. Nichols: Take a look at the last message that Carmen
316 sent you on June 25, 2017. Can you tell me what this emoji
317 is used in this message?
318
319 Hendricks: That’s a coffin.
320
321 Det. Nichols: So Carmen left the country right after
322 telling you that the only thing that mattered was a coffin?
323
324 Hendricks: I didn’t say that.
325
326 Det. Nichols: Look, we know you did this. You said it
327 yourself.
8
Revised: 9/18/17
328
329 Hendricks: What are you talking about?
330
331 Det. Nichols: It’s not what I’ve been talking about. It’s
332 what you’ve been talking about. We know you confessed to
333 your cellmate Skyler Sinclair.
334
335 Hendricks: I didn’t say anything to Skyler.
336
337 Det. Nichols: We know you did. Skyler told us. Skyler told
338 us you said that you made sure to get Kerry out of the way
339 so you could be with Carmen.
340
341 Hendricks: I said something like that, but I never told
342 Skyler what I did.
343
344 Det. Nichols: What exactly did you say?
345
346 Hendricks: I want my lawyer.
347
348 [End]
9
Revised: 9/18/17
Exhibit
2
NOTICE OF RIGHTS AND WAIVER FORM
MIDLANDS CITY POLICE DEPT.
Suspect Name: __Dylan Hendricks . Interviewer: Det. Nichols .
Location: ___MCPD – Downtown . Date/Time: __7/17/17 12:05 am .
Miranda Warning (Note: interviewer have suspect initial each right when read)
DH You have the right to remain silent
DH Anything you say can and will be used against you in a court of law
DH You have the right to talk to a lawyer and have that lawyer present
with you while you are being questioned
DH If you cannot afford to hire a lawyer, one will be appointed to
represent you before questioning if you wish
DH You can decide at any time to exercise these rights and not answer
any questions or make any statements
WAIVER
I have read this statement of my rights and I fully understand what my rights are. I do
not want a lawyer at this time and am willing to speak with law enforcement officers. I
understand and know what I am doing. No promises of any kind, hope of reward, favors,
or threats have been made to me. Upon being advised of my constitutional rights, I wish
to make the following verbal and/or written statement without my lawyer being present.
I declare that I knowingly, voluntarily, and intelligently waive my constitutional rights.
Dylan Hendricks M. Nichols .

Signature of “Name” above Signature of “Interviewer” above
7/17/17 7/17/17
Date Date
Department use only:
Other person(s) of interest: Carmen Bell-Leon______________________

Offense(s): Loving Too Much .
1
Revised: 9/18/17
1 TRANSCRIPT OF PRELIMINARY HEARING Exhibit

2 August 7, 2017 3
3
4 ATTORNEY FOR THE STATE OF MIDLANDS: For the record, now is the time
5 and place set for a preliminary hearing, in the matter of the State of Midlands
6 versus Dylan Hendricks. Let the record reflect that Defendant Hendricks is
7 present with counsel. I would ask that the clerk swear in the witness.
8 [Witness Sworn]
9 BY THE STATE’S ATTORNEY:
10 Q: Please state your name and occupation.
11 A: My name is Pat Sikorsky. I am the director of the Criminalistics Laboratory for
12 the Midlands Department of Criminal Investigation (MDCI), a position I have held
13 since 2010
14 Q: What type of training and education do you have?
15 A: I hold a dual Ph.D. in Biology and Chemistry from Washington University in St.
16 Louis. I have worked for the MDCI since 2000.
17 Q: Were you involved in the investigation of the incident involving Kerry Bell-
18 Leon?
19 A: Yes. I personally conducted that investigation.
20 Q. Dr. Sikorsky, do you normally testify at trial in criminal cases?
21 A: Always. However, I was recently diagnosed with Stage 4 pancreatic cancer,
22 and I have been told that I have at most a month to live. The trial date is still
23 weeks away and I’m the only criminalist with direct knowledge of this case.
24 Q: Describe the investigation you conducted in this case.
25 A: At 12:15AM on July 17, 2017, I personally conducted an examination of the
26 Bell-Leon family’s condominium, the hallways around the condominium, the
27 condominium’s elevator, the doorknob to the condominium, the fire escape and
28 the parking lot of the Jaywood Building. At 4AM, I conducted an investigation of
29 Hendricks’s home, and Hendricks’s food truck, which was parked in the driveway
30 of Hendricks’s home.
31 Q: What tests did you conduct?
32 A: I conducted a full battery of forensic tests. Three were particularly important:
33 fingerprint analysis, touch DNA analysis, and gunshot residue analysis.
34 Q: Are these tests relied upon by criminalists like yourself?
35 A: Of course. I’ve testified about each of these methods hundreds of times.
36 These techniques have passed peer review thousands of times and results such
37 as these have been deemed admissible in court in hundreds of thousands of
38 cases in the United States and tens of thousands of cases in Midlands.
1
Revised: 9/18/17
39 Q: Describe fingerprint analysis.

40 A: The ridges and furrows on the pads of human fingers create a pattern that is
41 unique to an individual and does not change over an individual’s lifetime.
42 Forensic scientists rely on these patterns to determine whether an individual’s
43 finger(s) have come into contact with an object.
44 Q: What did you conclude from your fingerprint analysis?
45 A: In short, nothing useful. No usable fingerprint evidence was found on Exhibit 4
46 (the extension cord), Exhibit 6 (the key), Exhibit 7 (the gloves), Exhibit 8 (the
47 Everest pills), or the gun depicted in Exhibit 5.
48 Q: What is touch DNA analysis?
49 A: Touch DNA is DNA recovered from the skin cells left behind when a person
50 comes into contact with an object. Using as few as 80 to 140 cells, touch DNA
51 techniques can recover a full DNA profile from an object or at the scene of an
52 alleged crime. A polymerase chain reaction (PCR) was used to amplify fifteen
53 (15) short tandem repeat (STR) loci (the core genetic loci used in the United
54 States’ CODIS—Combined DNA Index System—database) and a sexing locus.
55 Q: Did you collect DNA samples from individuals involved in this case?
56 A: I personally obtained known samples of the DNA profiles from Kerry and
57 Bailey Bell-Leon from a buccal swab performed at the hospital, from Dylan
58 Hendricks from a buccal swab performed at the police station, from Morgan
59 Jones from a buccal swab performed at Jones’s residence, and from Carmen
60 Bell-Leon from a toothbrush in the family home.
61 Q: What did you conclude from your touch DNA analysis?
62 A: Kerry Bell-Leon’s DNA was found on the Exhibit 4 (the extension cord),
63 specifically a DNA profile was found on the middle of the extension cord, three
64 feet from one of the ends. A DNA profile found on the door to condo 6A matched
65 the known DNA profile of Kerry Bell-Leon. The probability of finding this profile in
66 a population of unrelated individuals, chosen at random, would be less than 1 out
67 of 22 Billion.
68 Q: Did you find any other notable touch DNA?
69 A: No usable DNA evidence was found on Exhibit 6 (the key), Exhibit 7 (the
70 gloves), Exhibit 8 (the Everest pills), or the gun depicted in Exhibit 5.
71 Q: What is gunshot residue analysis?
72 A: Whenever a firearm is fired, tiny heavy metals—barium, lead, and antimony—
73 are expelled from the gun. Together, this residue is called gunshot primer
74 residue, or GSR. GSR testing involves testing surfaces for the presence of these
75 metals which are otherwise uncommon at such close proximity in nature.
76 Q: What did your gunshot residue analysis reveal?
77 A: Trace amounts of gunshot residue were found in the cabinet in the Utility
78 Room of the Bell-Leon home. Additionally, trace amounts of gunshot residue
2
Revised: 9/18/17
79 were found on a pair of blue jeans in the home of Dylan Hendricks. No other
80 gunshot residue was found in any of the locations I tested.
81 Q: Other than what we have discussed, did you uncover any forensic evidence of
82 note?
83 A: No. You have asked me about everything of importance I found. Obviously, I
84 found fingerprints and DNA evidence consistent with Jones, each of the Bell-
85 Leons, and Hendricks throughout the home, parking lot, and condo building. But,
86 given the admittedly frequent nature of those individuals with those locations,
87 none of those locations were such that the information is forensically useful.
88
89 CROSS EXAMINATION
90 BY THE ATTORNEY FOR DYLAN HENDRICKS:
91 Q: Good morning. You found Kerry Bell-Leon’s DNA on the extension cord, right?
92 A: Yes.
93 Q: You don’t know when that DNA was left, right?
94 A: Yes. The DNA stays on an object for as long as the cells remain on that
95 object.
96 Q: In fact, none of your tests tell us anything about time, right?
97 A: That’s incorrect.
98 Q: Fingerprint evidence tells you nothing about time, right?
99 A: Yes. Fingerprints remain on a surface until they are wiped away.
100 Q: DNA evidence tells you nothing about time, right?
101 A: Yes. DNA evidence remains on a surface until the cells are removed.
102 Q: GSR evidence tells you nothing about time, right?
103 A: Very little. GSR evidence remains on a surface until the particles are removed.
3
Exhibit
4
Exhibit
5
Exhibit
6
Revised: 9/18/17
Exhibit
7a
Exhibit
8
Exhibit
9
Exhibit
10
Exhibit
11
Revised: 9/18/17
Exhibit
12
PRENUPTIAL AGREEMENT
AGREEMENT made this 8th day of August, 2003, between Kerry Bell (“KB"), and Carmen
Leon (“CL"). Together, KB and CL are referred to herein as the “Parties."
WHEREAS, KB and CL contemplate marriage and wish to determine and define their rights,
responsibilities, and obligations with respect to their property in the event of a dissolution of
their marriage.
NOW, THEREFORE, the Parties agree as follows:
Article I
Under this agreement, a Termination Event is defined as the soonest of the following events:
1. The date on which one Party provides the other Party with written notice of intent to dissolve
the marriage.
2. The commencement of a divorce or separation.
Article II
In the event of a Termination Event:
1. Marital Property shall be defined as all property acquired during the marriage (until the
occurrence of a Termination Event) that is not Separate Property.
2. Except as outlined elsewhere in this agreement, each Party shall retain his or her Separate
Property, including clothing and property belonging to the Party prior to the marriage.
3. Each of the Parties hereby waives any interest in the other Party’s Separate Property.
4. Each spouse will retain the vehicle leased to each in his or her name.
5. Jewelry (including wedding rings) will be retained by KB.
6. KB will retain the funds in the joint bank account.
7. CL will retain funds in CL’s personal account.
1
Revised: 9/18/17
8. The family condominium, 6A in the Jaywood Building, will be retained by KB.

9. In the event of infidelity on the part of CL, CL shall not be entitled to spousal support in
accordance with Midlands State Domestic Relations Law. If the termination event happens in
the absence of infidelity on the part of CL, CL shall be entitled to spousal support in
accordance with Midlands State Domestic Relations Law.
10. Except as otherwise provided in this Agreement, all Property shall be divided between the
Parties in accordance with the Domestic Relations Law of the State of Midlands.
11. In the event that either Party shall die prior to a decree of dissolution of marriage but after the
occurrence of a Termination Event, all property shall be divided between the estate of the
deceased spouse and the surviving spouse as set forth in this Agreement.
12. In the event that either Party shall die prior to a Termination Event while the Parties are in
different countries, CL will be awarded an additional $250,000.
Kerry Bell Carmen Leon Delon Danby-Zurawski
Kerry Bell Carmen Leon Notary Public
2
Exhibit
13
Exhibit
14
Revised: 9/18/17
Exhibit
15a
Revised: 9/18/17
Exhibit
15b
Revised: 9/18/17
Exhibit
15c
Revised: 9/18/17
Exhibit
15d
Exhibit
16a
Exhibit
16b
Exhibit
17
Exhibit
18
Exhibit
19
Exhibit
20
Exhibit
21
Exhibit
22
Exhibit
23
Exhibit
24
Exhibit
25
Exhibit Revised: 9/18/17
26
Exhibit
27
Exhibit
28
Exhibit
29
Revised: 9/18/17
Exhibit
30
Revised: 9/18/17
Exhibit
31
*********DeRosa’s Firing
Range*********
07/15/2017 000001
BILL #0243
9:11AM DYLAN0012
CASH
AUTHORIZATION #:
0204002
REFERENCE: 325235236
Guest Name: Dylan Hendricks
18 Shots
$36.00
Baker 9 mm Revolver
Total $36.00
***********CUSTOMER
COPY***********
Exhibit
32
Exhibit
33
mPayCash Transaction Summary

This report displays a full listing of every payment made to your business
between the report’s start and end times. Our software does not track the
location of your point of service device.
Username: souper_soups (Souper Soups)
Number of Terminals: 1 (Mobile, Chip-Enabled)
Accept Cash Payment? No
Report Start: 16 Jul. 2017, 12:00:00 AM
Report End: 16 Jul. 2017, 11:59:59 PM
Date Time Amount Last Name Card Number

7/16/17 7:03 PM $4.00 SHAIK ****-****-****-3533
7/16/17 7:15 PM $4.00 ABBOTT ****-****-****-1263
7/16/17 7:16 PM $4.00 CLASS ****-****-****-5890
7/16/17 7:33 PM $20.00 RICHARD ****-****-****-8293
7/16/17 7:45 PM $18.00 HOBBS ****-****-****-9068
7/16/17 7:47 PM $4.00 BIRCH ****-****-****-6510
7/16/17 7:59 PM $12.00 LUCAS ****-****-****-1875
7/16/17 8:15 PM $6.00 OLIVER ****-****-****-3803
7/16/17 8:19 PM $8.00 HARRINGTON ****-****-****-8514
7/16/17 8:34 PM $18.00 CHASE ****-****-****-3234
7/16/17 9:12 PM $10.00 HANSEL ****-****-****-8923
7/16/17 9:18 PM $8.00 FULLER ****-****-****-6348
7/16/17 9:44 PM $4.00 KIM ****-****-****-1290
7/16/17 10:15 PM $18.00 VASQUEZ ****-****-****-4411
7/16/17 10:18 PM $14.00 CLEMENT ****-****-****-1706
7/16/17 10:20 PM $4.00 BELL-LEON ****-****-****-7242
7/16/17 10:22 PM $4.00 CANAL ****-****-****-1534
7/16/17 10:23 PM $4.00 POWERS ****-****-****-6411
Declaration of Aly Mido
My name is Aly Mido, and under penalty of perjury, I declare that:
1. I am the Supervising Transaction Records Engineer for mPayCash. I have held that position
since March 30, 2014. I write this declaration in response to the subpoena I received.
2. As part of my duties, and in the regular course of mPayCash business, I manage and maintain
records of transactions by user-sellers. The records I maintain include logs of all transactions
performed and specific details about those transactions. The purpose of these records is to
maintain information for user-sellers and improve service provided to customers.
3. The attached Transaction Summary is a true and accurate copy of the transactions at Souper
Soups between July 16, 2017 at 12:00 A.M. and July 16, 2017 at 11:59 P.M. This report is
generated automatically; that is, no person is involved in its generation.
4. As its custodian, I have personal knowledge that this statement accurately reflects the
transactions and Souper Soups at the listed time. I have no reason to doubt the accuracy of
the information contained in the statement.
I swear under penalty of perjury that the foregoing is true, accurate, and complete to the best of
my knowledge.
Aly Mido
Aly Mido
Signed before me on August 1, 2017:
M.L.E. Shiever
M.L.E. Shiever
Notary Public
Exhibit
34
Revised: 9/18/17
MIDLANDS CITY DEPARTMENT OF PUBLIC HEALTH
CERTIFICATE
I, ARSLAN T. R. JOHNSON, Director of the Vendor Licensing Division, of the Midlands City
Department of Public Health, do hereby certify that I am the custodian of the records of Vendor
Licensing Division and that Vendor Licensing Division is responsible for maintaining records of
Mobile Food Truck Vendor Permits and Applications. I further certify that the attached
Food Truck Vendor Permit V -37509 issued to Souper Soups
is a true and accurate copy.
IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of the State of
Midlands, this August 1, 2017.
Arslan T.R. Johnson

Arslan T.R. Johnson
Exhibit
35
Midlands City FOOD SERVICE PERMIT

Dept. of Public Health
APPLICATION
Establishment Information
Updates to owners’ qualifications and the establishment’s menu must be immediately reported to
the Midlands City Department of Health.
Date of Application: January 1, 2017 (For permit expiring 1/15/2018)

New or Renewal Application? Renewal
Location/Schedule of Operation: Mon.-Fri. 11AM – 7PM, Leckrone Lane
Dates: Every Week
Permit Type
Based on type of establishment and number of days of operation per year
 Mobile Food Unit (Self Propelled, Operates 181-365 Days): $100.00
 Seasonal Food Establishment (Operates 15-120 Days): $75.00
 Pushcart (Non-self-propelled unit): $50.00
Zone Request
Establishments must have a permit for a given zone in order to sell food in that zone.
Zone Currently Assigned Zone Requested for
1/15/2016 – 1/14/2017 1/15/2017 – 1/14/2018
 Zone A [Residential] 
 Zone B [Downtown] 
 Zone C [Other Commercial] 
Zone A includes all areas zoned residential in Midlands City. Downtown Midlands includes the
entire downtown area, including Main Street, Parker Street, and Ellis Blvd. Zone C includes
midtown Midlands (including the courthouse square).
Operator Information
Name: Dylan Hendricks
Date of Birth: August 15, 1983
Home Address: 555 S. Johnson Dr. Midlands City, Midlands
Describe Your Relevant Experience
1
I graduated from high school when I was 18. I didn’t go to college, but I received
vocational training and practical culinary experience as a commissary worker when I was
incarcerated at the Midlands State Correctional Facility. After being released from the
MSCF, I worked as a line cook at Chili’s before I opened Souper Soups in 2014.
Provide an overview of your menu (with pricing information)

Souper Soups offers our customers a selection of six rotating soups every day. Every day,
we offer our Timberlane Chili, Crazy Chicken Noodle Soup, and Catfish Chowder. The
other three soups rotate every day and feature a selection of contemporary and classic
culinary concoctions. We sell soups in two sizes: small ($4) and large ($6). We also sell
bottled water and sodas for $2. All applicable taxes are included in those prices. There
are no other items on the menu at any time.
Have you been convicted of any crimes?

 Yes  No
If yes, please explain.

On July 16, 2010, I accepted a plea bargain offer and pled guilty to an amended charge of
misdemeanor theft. On March 17 of that year, I drunkenly stole a golf cart from the
Midlands State University while I had my pistol on me so I got tagged with felony theft
and misdemeanor possession of a firearm while intoxicated. I served a 6-month sentence,
the maximum amount of jail time, for this conviction. I was not eligible for early release
due to a physical altercation I was involved in while I was imprisoned. I accepted full and
complete responsibility for this theft and was released in January 2011.
If you are seeking a renewal, please list any changes to your permit you would like.
I have always been assigned to a spot by Leckrone Lane on the courthouse square in
midtown (Zone C). I think my food would be very popular downtown near Chuggies and
the rest of the nightlife. I would like to receive a permit for Zone B (Downtown Midlands
City), not just Zone C which is what I have currently been assigned. I understand that
parking my truck in Zone B is illegal, so I never do it, but I’d like to be able to make
more money and I hope the Midlands City Department of Health can help me do that.
I swear, under penalty of perjury, that all information in this application is correct. Errors and
omissions will delay processing and are punishable by law.
Duly Subscribed and Sworn By Me:

Dylan Hendricks Aquilla Seigenthaler
Notary Public
2
Revised: 9/18/17
MIDLANDS CITY DEPARTMENT OF PUBLIC HEALTH
CERTIFICATE
I, ARSLAN T. R. JOHNSON, Director of the Vendor Licensing Division, of the Midlands City
Department of Public Health, do hereby certify that I am the custodian of the records of Vendor
Licensing Division and that Vendor Licensing Division is responsible for maintaining records of
Mobile Food Truck Vendor Permits and Applications. I further certify that that attached
Food Service Permit Application submitted by Dylan Hendricks
Arslan T.R. Johnson

Arslan T.R. Johnson
Revised: 9/18/17
Exhibit
36
MIDLANDS CITY PARKING
CITATION
Citation # : 17-9385
Violation : Food Truck Permit Violation
Issued : 07/16/17 11:04 P.M. SUN.
FINE : $78.00
PLATE # : SOUPS4U
VIN # : 4DA79F72KLLTUYPEV
PLATE STATE : MIDLANDS
LOCATION : Ellis Blvd.
SPACE : 3
VEH MAKE : CHEVROLET

VEH MODEL : UTILIMASTER
VEH COLOR : MAROON
NOTES : TRUCK NOT PERMITED FOR THIS STREET.

NO EMPLOYEE IN FOOD TRUCK WHEN
OFFICER APPROACHED. LEFT CITATION
ON WINDSHIELD.
OFFICER : C. Veniero
FEE SCHEDULE
Pay By : 08/16/2017
Thereafter : $153.00
*FINE INCLUDES $3.00 ADMIN FEE
PAY ONLINE
To pay your citation, please visit
www.midlandscityparking.com
Revised: 9/18/17
MIDLANDS CITY CLERK OF COURTS
CERTIFICATE
I, JEFF THOMASCOTT, Director of the Convictions and Violations Division, of the Midlands
City Clerk of Courts, do hereby certify that I am the custodian of the records of Convictions and
Violations Division and that Convictions and Violations Division is responsible for maintaining
records of parking and permit citations and violations. I further certify that that attached
Food Truck Permit Violation Citation #17-9385
Jeff Thomascott
Jeff Thomascott
Revised: 9/18/17
Exhibit
37
PUBLIC RECORDS REQUEST

Search Results:
JURISDICTION: <<Midlands, USA>>
NAME: Hendricks, Dylan
DOB: 8/15/83
ADDRESS: 555 S Johnson Drive, Midlands City, Midlands
Records Found: 01
Search Results:
JURISDICTION: <<ALL OTHER DOMESTIC U.S. STATES>>
NAME: Hendricks, Dylan
DOB: 8/15/83
ADDRESS: 555 S Johnson Drive, Midlands City, Midlands
Records Found: 00
Revised: 9/18/17
Record #1:
Record Name: Hendricks, Dylan
Jurisdiction: Midlands City, Midlands
Source: Midlands City Circuit Court
Type: Criminal
DOB: 8/15/83
Address: 555 S. Johnson Dr., Midlands City, Midlands
Case #: CR10-03-1985AB
Description: THEFT Case Type: Felony

Court: MC Circuit Disposition: G Plea-Amend
Filing Date: 3/18/10 Amended Disposition: THEFT (M1)
Disposition Date: 7/16/10 Sentencing: 6mo Mid Dept
Corrections
Description: POSS FIREARM Case Type: Misdemeanor

INTOX
Court: MC Circuit Disposition: Merged
Filing Date: 3/18/10 Amended Disposition: N/A
Disposition Date: 7/16/10 Sentencing: N/A
Summary of case: Defendant stole a golf cart while at a football

game on Midlands State University’s campus. At the time of
arrest defendant was found to be in possession of a loaded
firearm; defendant provided valid license to possess a firearm
in the state of Midlands. No damage to the golf cart was
reported; no person or property was injured. Defendant was under
the influence of alcohol at the time of the offense. Defendant
was charged with felony theft and misdemeanor possession of a
firearm while intoxicated. Defendant pled guilty to the amended
charge of misdemeanor theft; the firearm charge was merged or
dismissed with the guilty plea to the amended theft charge.
Defendant was sentenced to the maximum sentence of 180 days in
the Midlands Department of Corrections. No fine was imposed.
Costs of prosecution charged to defendant. No appeal was filed.
Revised: 9/18/17
MIDLANDS CITY CLERK OF COURTS
CERTIFICATE
I, JEFF THOMASCOTT, Director of the Convictions and Violations Division, of the Midlands
City Clerk of Courts, do hereby certify that I am the custodian of the records of Convictions and
Violations Division and that Convictions and Violations Division is responsible for maintaining
records of criminal convictions. I further certify that that attached
Conviction of Dylan Hendricks Case #: CR10-03-1985AB
Jeff Thomascott
Jeff Thomascott
Revised: 9/18/17
Exhibit
38
HORZOR
Cell Tower Service Report
Customer Information
Customer: Dylan Hendricks
Customer DOB: August 15, 1983
Customer Address: 555 S Johnson Dr. Midlands City, Midlands
Customer ID: DK3D34J235626
Plan Name: Midlands Silver (Unlimited Calls + 2GB Data/Month)
Phone Information
Phone Type: Stratosphere 5x
Serial Number: 613200220039922001
Report Information
Start Time: July 16, 2017, 10:00 PM
End Time: July 17, 2017, 12:35 AM
There are 3 calls that match the specified search:
Time Call Type Number Duration Towers Pinged

10:26 PM Inbound (111) 555-9876 0:00 MCD001
MCD002
MCD003
11:10 PM Outbound (111) 555-9876 5:00 MCD002
MCD003
MCD004
11:25 PM Outbound (111) 555-1234 1:00 MCD002
MCD004
MCX074
This table lists every inbound and outbound call made or received by the phone
listed at the top of this report during the specified time period. The report lists
whether the call was an inbound or outbound call, the phone number that was dialed
(outbound) or was calling (inbound), the duration of the call (in minutes: a duration
of 6:35 indicates a call of six minutes and 35 seconds), and the cell tower(s) pinged
by the phone at any point during the call.
Revised: 9/18/17
Declaration of Roger Michaels
My name is Roger Michaels, and under penalty of perjury, I declare that:
1. I am the Chief Network Data Engineer for Horizor Cellular. I have held that position since
January 15, 2014. I write this declaration in response to the subpoena I received.
2. As part of my duties, and in the regular course of Horizor business, I manage and maintain
records of a database of cellular tower usage. The records I maintain include a log of
cellphone calls and text messages. The information in these records is stored to optimize
cellphone networks, maintain cellphone towers, and provide customer service to customers
having network connection problems.
3. The attached Cell Tower Service Report is a true and accurate copy of the information
logged on Dylan Hendricks’s phone between July 16, 2017 at 10:00 P.M. and July 17, 2017
at 12:35 A.M. This report is generated automatically; that is, no person is involved in its
generation.
4. As its custodian, I have personal knowledge that this statement accurately reflects the status
of all calls by customer Dylan Hendricks at the listed time. I have no reason to doubt the
accuracy of the information contained in the statement.
I swear under penalty of perjury that the foregoing is true, accurate, and complete to the best of
my knowledge.
Roger Michaels
Roger Michaels
Signed before me on August 1, 2017:
Brian Dressel
Brian Dressel
Notary Public
Revised 9/18/17
Exhibit
39

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17-18 Full Case (9-18)

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Revised: 9/18/17

2017-18 Case Problem

BY THE AMTA CRIMINAL CASE COMMITTEE

LICENSING FEE FOR INVITATIONAL TOURNAMENTS HOSTS

NOTES AND ACKNOWLEDGEMENTS

The Committee wishes to thank and acknowledge:

AVAILABLE CASE DOCUMENTS

1. Interrogation of Dylan Hendricks 20. June 22, 2017 Tender Messages

• We’ve won invitational, regional, and national tournaments.

What makes our Trial Advocacy program unique?

Visit www.drexel.edu/kline or email trial@drexel.edu.

Captains’ Meeting Form

Prosecution Witness Selections Defense Witness Selections

4. EXHIBITS AND DEMONSTRATIVES. Teams planning to use Exhibit 4, 6, 7(b), or 15(c),

STATE OF MIDLANDS * CASE NO.: CR17-07-0993

NOTICE OF INTENT TO OFFER CHARACTER EVIDENCE

3. ___The defendant will offer opinion and/or reputation evidence of a prosecution

_________________________, Attorney for Dylan Hendricks

_________________________, Attorney for the State of Midlands

STATE OF MIDLANDS * CASE NO.: CR17-07-0993

INDICTMENT AND BILL OF PARTICULARS

THE JURORS OF THE GRAND JURY OF THE STATE OF MIDLANDS, within

MIDLANDS CITY DISTRICT COURT

STATE OF MIDLANDS * CASE NO.: CR17-07-0993

MIDLANDS CITY DISTRICT COURT

STATE OF MIDLANDS * CASE NO.: CR17-07-0993

ORDER ON MOTIONS IN LIMINE

Preemptory Character Evidence

chief. If defendant does not provide notice of its intent to offer R.

Admissibility of Ryan Reeves’s Testimony

Child Competency to Testify

Motion to Exclude Gunshot Residue

MIDLANDS CITY DISTRICT COURT

STATE OF MIDLANDS * CASE NO.: CR17-07-0993

Request 1: All statements of the Defendant.

Response: Responsive documents are attached and labeled “Interrogation of Dylan

Request 2: Defendant’s Prior Criminal Record.

Response: Defendant’s criminal record is attached as “Record of Conviction for Dylan

Request 3: Any books, papers, documents, recordings, data, photographs, tangible

Request 4: Expert Testimony. Defendant has requested a list of names, addresses,

Response 4: The “Transcript of Preliminary Hearing for Pat Sikorsky” is attached.

MIDLANDS CITY DISTRICT COURT

STATE OF MIDLANDS * CASE NO.: CR17-07-0993

Request 1: Any books, papers, documents, recordings, data, photographs, tangible

Response 1: Defendant objects to the extent it includes any conversations between

Request 2: Expert Testimony.

RELEVANT MIDLANDS LAW

Applicable Provisions from Midlands Penal Code

Midlands Penal Code §903.02 Murder

Midlands Penal Code §923.02 Attempt to commit an offense

Midlands Penal Code §913.02 Theft

Midlands Penal Code §925.11 Drug Abuse

Basis of Evidentiary Rulings

Zomerfeld v. Noto (2012)

State v. Monarch (1904)

State v. Sarobe (1981)

State v. Vargas and Field (2015)

State v. Matthys (2016)

State v. Soderberg (2017)

State v. Nelson (2002)

Kleynman v. Corrado (1945)

Richey v. Bartlett (2002)

Roytman v. Zadie & Zoe’s Pet Supplies (2000)

State v. Class (Midlands Cir. Court Breckinridge County 2013)

DATE: _ _____