what's there's a defense you're on the next witness the defense is going to call it's Daniel [Music] [Music] step forward sir raise your right hand the atomic swear and promise that everything you tell us here today to be the truth please have a seat thank you [Applause] [Applause] mr.
Crawford good morning my what I need you to do sir is I need you to sit up a little bit sit closer to that microphone yes sir and if you wouldn't mind looking at the jury when you talk because you have a very soft voice and everyone needs to hear you okay what I want you to do first of all is just introduce yourself to the jury and then I want you to spell your name for the lady sitting to your left I am the Dayman ah Crawford da ya CRA WF Hardy and how old are you certain thirty of those huh okay and I want to go ahead and talk with you about this now are you do you have you ever been convicted of a felony before yes sir how many times Fattah and what I want to talk with you about is someone named Joshua Ellington Dina who Joshua Ellington is yes sir okay how do you know who Joshua Ellington is has room mate of mine and was that in the Polk County Jail yes sir and when you were a roommate of mr.
Ellington's did you have on occasion taught did you to speak with mr.
Ellington about a homicide charge that he was in jail for yes sir okay and did mr.
Ellington say anything to you about his involvement in the homicide yes sir okay what did he tell you about his involvement in the homicide that um he did he the guy okay and did he tell how many times did he make this statement to you Oh at least ten times your peated attendant okay now do you know where this homicide occurred would a I forgot is it a name okay your uh if you saw a prior statement you gave with that refresher reckless recollection as to where it occurred yes I'm okay Mavericks it's done and this is page twelve lines five through seven unless you do is refine yourself do you remember where that was you said it began with an A so where did it go now how long were you in the cell with mr.
Ellington 30 days nice about their day and can you tell the jury what dates that was or what time of the year it was somewhere around August to round to September of what year 2015 okay at mr.
Ellington just been arrested on that yes sir okay now while you were in the jail did you ever read mr.
Ellington's discovery no sir okay did you ever look at any paperwork he had at all no sir you only basing what you know today on what mr.
Ellington told you yes sir Your Honor may I have a moment yes sir what's in the state [Music] you know at the time that you provided information to law enforcement regarding what josh is alleged to have said to you you were in jail facing a life sentence correct approach a sidebar let's take a break get you back in for room right after this stay with us a sidebar breaking up will Christie ducharme be able to ask Daniel Crawford about his criminal history and what he was facing at the timeless listen mr.
Parker just to be clear you were in jail on a life felony if not and you had just met Josh Ellington you didn't know him before he allegedly gave you this information no no you told law enforcement I think you wrote them a letter on the 6th of September and you told law enforcement that Josh had only been in yourself for about a week at that point he probably knew no more than a week by private element we would have part of him more than a week okay well he was arrested on August 22nd so maybe two weeks No [Music] and when law enforcement came and spoke to you they recorded your interview did they not he's not and they asked you whether Josh indicated anybody else was involved and you also told them that according to Josh Jackson Your Honor may we approach okay now the sidebar they're trying to get this deal with this witness the prosecutor is let's bring in Molly Parmer defense attorney extraordinary joining us by Skype Molly this witness could be pivotable pit row for the defense but anybody with an orange jumpsuit that comes in has issues what's your take well I think this trial has been a parade of witnesses with issues I mean Ellington made inconsistent statements he's certainly incentivized all it to lie all I'm gonna cut your awful just listen to judge harp you'll be taken back to the jury room would be with you as quickly as we can take this all right [Music] [Music] [Music] [Music] all right States go ahead and proffer the question I think that the weather watch it was as to mr.
Ellington indicated regarding somebody else involvement good when law enforcement came and spoke to you and interviewed you they asked you whether mr.
Ellington during the time he was talking to you about his involvement in the murder whether anybody else was involved you told the detective that he did indicate somebody else was involved you remember telling the detective that no I'm sorry his mouth okay and you told the detective that the other person that Josh indicated was involved was a person by the name of Dre and that Dre had gunshot residue on his arm isn't that right he's mine thank you [Music] mr.
Crawford the mr.
Ellington ever say to you how he knew that this dre individual had gunshot residue on his arm and he saw his cousin that court and they told him that so his cousin told him that Dre had gunshot residue and is it who was your understanding that this Dre is Gary okay so you believe that Drake and his Gary yes certainly does he go by any other name no I don't believe but that's what he told me his name was Gary okay so what you're saying is that Joshua Ellington told you that his cousin's name was Dre but it was also cared yes sir and then Gary and Ray are the same person yes sir but specifically what he said is that Gary told Joshua Ellington that he had our Dre who's Gary told Joshua Ellington that he had gunshot residue yes sir that's not what you told the law enforcement thought mr.
Crawford you never told law enforcement that Josh Ellington told you that Gary told him that Dre had gunshot residue on his arm you told the law enforcement when they asked specifically did he talk about any of the other guys involved your answer was Oh Dre I believe that's his cousin I believe Dre okay and that's all and what he what did he say about him he was saying something about Dre the one that got the gunpowder on his arm that's all you said about Dre it's got the what gunpowder gun residue or whatever yeah and you said on his arm he was saying that Dre got it on his arm but they didn't know they don't he was saying they don't fight nothing on me because he was like I don't got no gunpowder up on my arm but he say that Dre got the gunpowder on in his you never told the detective that Josh got this information from Gary who got it from somebody else did you you told the detective that Josh told you this is enough one question go ahead did the detectives ever ask you how you need it yes thank you [Music] because Your Honor I don't think we're dealing with inferences anymore it's very clear what that what the state is asking mr.
Crawford to testified to is hearsay and it's not admissible say the way I understand mr.
Crawford to say that information that he was just proffered was told to him by somebody's cousin in court that's what he just told mr.
Jackson but that's not when he told the detectives and your honor he was specifically asked by the detectives what Josh told him about his involvement in the murder it was very clear to him what they were talking to him about he's the one that wrote the letter to to the detectives but yeah if his answer is whether he mentioned that to law enforcement or not but if his answer is I got this information from I don't think he said my cousin he said his cousin in court right way not to be miscibility because obviously that's not what he told the detective and he bit over the hearsay objection that's that's my question judge it's a credibility issue my argument is that that's not what he told the detective he never told the detective that this information came from somebody else he told the detectives that this information came directly from Josh he never said that Josh said it was from somebody else I have a copy of the transcript judge if you'd like to read it that's the determination for the jury to understand and make to decide whether what he's saying today is true or not right and the other thing I point out did he tell law enforcement and I think I know the answer to that but I'm not sure they maybe just wrapped my head around just just to make sure did he tell law enforcement that Joshua Ellington told him about Dre anything about Dre be involved did he mention that yes and did he then tell law enforcement the source of that information Josh specifically says Josh tells him this defense your honor Josh told Daniel Crawford but what the court has to focus on is the source of the information that was given to the source of that information that was given to Joshua Ellington and what that is and the detectives never never clarified that we clarified it in the proper what that is is an individual telling Joshua Ellington that about gunshot residue that statement is hearsay it cuts off right there you can't bootstrap a hearsay statement as admissible evidence and then turn around and argue that it goes to the wait not the admissibility if it's hearsay there's no exception to it and it should be excluded your own defense that I hear the state just tell me that he mr.
Crawford told law enforcement that Josh told him but the gunshot residue that's key yeah Josh Ellington told him about the gunshot residue what he said your honor was that he said something about that Dre the one that got the gun powder on his arm or something so yes he said that Joshua Ellington told him that but nobody ever explored what the source of that that that information was until the proper the proffer has it is clear that the source of Joshua Ellington's information is here Seth and it's even it's even ellingson's hearsay your honor I mean there it's inadmissible on two levels okay I'll just point out the obvious that the defense has already got into Ellington's hearsay statements the state shouldn't be prohibited from asking the full extent of the statements that Crawford made to law enforcement the other thing I'd point out is that the defense and introducing the letter by Daniel Crawford and the testimony of Daniel Crawford is gonna argue that Daniel Crawford never said anything about gunshot residue based on my mistaken question to Josh Ellington during my redirect so for for several reasons the state should be permitted but the main reason is judge this is the entire content of what mr.
Crawford told law enforcement and again it is very clear to him what they're asking him about they specifically asked him did Josh say to you anybody else was involved yes he did What did he say he said dre-dre had gunshot residue on his arm all right anything else defense your honor Archer safes exception is a prior inconsistent statement the state doesn't help and would it be further said it's question to the defense that this is the first time that mr.
Crawford is saying that somebody else told him this there's somebody else called Ellington they've been making that island and told him this is the first time it's been axed here okay all right I'm gonna allow the state to get into that and then it's gonna come full circle and he's the definition of Dre is Gary quite frankly I don't know how that helps the state but that's for the jury to determine to be answered so so anyway bring him back and state this is not going to go beyond that they bring back the witness and the jury will take a break its back into the courtroom right after this [Music] welcome back the jury still not back the witnesses Daniel Crawford he's talking to the judge something like that did I hear you correctly okay what is it you wanted to say so we put a meet a lawyer looking for do I think I mean anybody wanna be there for nobody's gonna ask you about any more about deals over the case without it I've asked the question that they need to ask there's some four questions they want to ask you you're still under oath and you expect to tell the truth okay yes so when the jury comes back in mr.
Shawn will have some some questions and after that I suspect maybe the defense will have some questions listen carefully the question and answer it the best you can yes sir you understand that sir yes anybody all right no no bring in the jury I'm here you later okay jury coming in this was a big win for the state of Florida here because the witness Daniel Crawford basically says that somebody named Ray had gunshot residue on their arm well we all know that Andre Warner is the defendant and his nickname it was Dre the defense is trying we'll try to switch it to another person Gary but boy this was a big win for the prosecution let's listen in talk to you they asked you if Josh Ellington told you anybody else was involved in May and you told them that yes he did mention somebody else was involved in him yes ma'am you told them that he mentioned a person by the name of Dre and that Dre had gunshot residue on his arm yes ma'am Thank You mr.
Crawford what says the defense yes sir mr.
Crawford I do want to ask you one a couple questions okay and the first question I want to ask you is this the state asks you about the situation that you were in when you were in jail at the time remember that question yes sir all right when do you step forward to the police were you asking for a deal or were you seeking any help at all nothing and the second thing I want to ask you about is this now when you were when you were talking about Dre and who who had who Ellington told you a gunshot-residue who did you understand who did you understand this Dre individual to be Gary Gary who and it crazy cousin so you believe in your understanding from talking to Joshua Ellington was that Dre and crazy cousin were the same person yes sir you have a moment your honor yes [Applause] where did Ellington say to you where did Ellington tell you that he got that information from about the gunshot residue from court okay and explain that a little bit more he said oh you thought I was cutting that court and his cousin told him that we had the red lived along today he didn't had a read of the lawn okay so that his cousin is so gary gray told of that is that no further questions your honor just a couple to address what he says testify to no man maybe mr.
cross would be excused yes sir any objection from the state you keep so have a good day [Music] what says the defense Your Honor may we approach please approach okay is this it for the defense they or will they bring out another witness will they bring the defendant onto the stand male Parmer still with me Molly let's first talk about Daniel Crawford the man in orange who just took the stand boy this was a big ruling by the judge to allow the prosecution to continue to inquire bringing up basically what yesterday was the bombshell gunshot residue potentially on a guy named Ray's arm how bad was this for the defense oh I think it's pretty bad you know with the trial like this where you have so many witnesses with credibility issues like can we trust Ellington can we trust Bustos can we trust Crawford and then you have inconclusive expert testimony a lot of the experts weren't able to kind of say definitively you know we have the DNA or we have this gunshot residue what we have left is that gelled phone call that jail phone call that really kind of gives the state what they need possibly to prove their case if the jury interprets it a certain way and now we have this extra kind of layer to that jail phone call where mr.
Warner talks about gunshot residue coming from daniel crawford who is supposed to be the defense star witness in some ways pointing the finger at somebody else so no I don't bet at all for the defense I think that it is a bit of a very important witness at this point for the state to given that reference sounds like judge just sent the jury out of the room again why don't we get a break in and see what is next for the defense case you're right back after this [Music].