1 IN THE CRIMINAL COURT OF TENNESSEE AT CHATTANOOGA

2 THE ELEVENTH JUDICIAL DISTRICT

3
STATE OF TENNESSEE *
4 *
Plaintiff, *
5 *
vs. *
6 *
MARVIN L. MENIFEE * CASE NO. 313847
7 KENNETH Z. MOORE * CASE NO. 313848
*
8 Defendant. *

9
March 30, 2023
10
TRANSCRIPT OF HEARING ON MOTION TO EXCLUDE EVIDENCE
11
VOLUME ONE OF ONE VOLUME
12
THE HONORABLE BOYD M. PATTERSON, JUDGE
13
APPEARANCES
14
FOR THE STATE OF TENNESSEE:
15
Austin Scofield, Esq.
16 Assistant District Attorney General
Third Floor
17 City and County Courts Building
Chattanooga, Tennessee 37402
18
FOR THE DEFENDANT MENIFEE:
19
Mike Little, Esq.
20 Executive Assistant District Public Defender
Vikki Clark, Esq.
21 Assistant District Public Defender
720 Cherry Street
22 Chattanooga, Tennessee 37402

23 FOR THE DEFENDANT MOORE:

24 W. Blake Gilbert, Esq.

426 McCallie Avenue
25 Chattanooga, Tennessee 37402

1
 1 IN THE CRIMINAL COURT OF TENNESSEE AT CHATTANOOGA
THE ELEVENTH JUDICIAL DISTRICT
2 DIVISION III

3
STATE OF TENNESSEE *
4 *
vs. *
5 *
MARVIN MENIFEE, * CASE NO. 313847
6 KENNETH MOORE * CASE NO. 313848

7 This case came on to be heard and was heard on

8 the 30th day of March 2023, before the Honorable Boyd

9 M. Patterson, Judge, holding the Criminal Court for

10 Hamilton County, Tennessee, and the following

11 proceedings were had, to-wit:

12 MS. CLARK: Can we take Mr. Moore and Mr.

13 Menifee?

14 THE COURT: Yes, ma'am.

15 MS. CLARK: May I approach, Judge?

16 THE COURT: Yes, ma'am.

17 MS. CLARK: Judge, for the record, I've got a

18 motion to exclude evidence that I'm filing. I've

19 given a copy to Mr. Scofield. I apologize for the

20 late filing, but it's -- Mr. Little and I were still

21 work -- I was still working on it at about 3 o'clock

22 this morning. We finished it up this morning.

23 And I will tell the Court that it's probably

24 not complete, so depending on what happens here

25 today, it might have to be supplemented, but I wanted

2
 1 to get as far as I could.

2 THE COURT: Okay. Is this the one where

3 you've just recently gotten a lot of discovery?

4 MS. CLARK: Correct.

5 THE COURT: And you're not asking for a

6 continuance?

7 MS. CLARK: No, not in any way.

8 THE COURT: Okay.

9 MS. CLARK: Not only am I not asking for it, I

10 am strenuously objecting to it.

11 THE COURT: Okay. But you want all the

12 evidence excluded?

13 MS. CLARK: No, not all of it, but --

14 THE COURT: But on the other hand, you want --

15 MS. CLARK: We'll get into it and you'll see

16 why. You've got discretion, and we'll get it all out

17 in just a minute, Judge. This is pretty egregious.

18 THE COURT: Are we going to have the hearing

19 right now?

20 MS. CLARK: I just want to go through some of

21 this. I think that Mr. Scofield has a family member

22 that he would very much like to get out and attend

23 to.

24 THE COURT: Okay.

25 MR. SCOFIELD: Judge, I have -- this trial is

3
 1 in less than two weeks. We need to know what this is

2 going to be today because we need -- we need to know.

3 THE COURT: Okay. All right. Well, have a

4 seat at counsel table and let's just talk about it.

5 MR. SCOFIELD: I'm willing to wait.

6 MS. CLARK: Okay.

7 THE COURT: It may take a little longer,

8 General, is that all right, just to --

9 MR. SCOFIELD: It's fine, Your Honor. It is

10 what it is.

11 THE COURT: All right. So this is defense's

12 motion to exclude evidence.

13 Looks like, Ms. Clark, this tracks what you

14 were advising, I think, on a prior date where you

15 recently got discovery. You need to look at it.

16 You've had a chance to look at it, and you're asking

17 for some of that recently provided discovery to be

18 excluded?

19 MS. CLARK: That's correct, Your Honor.

20 May I remain seated?

21 THE COURT: Yes. I saw you're injured in some

22 way.

23 MS. CLARK: Thank you.

24 Your Honor, we are requesting that, and just

25 on the face of it, I don't think that Mr. Gilbert,

4
 1 Mr. Little or I, until they say otherwise, I'm going

2 to speak on everyone's behalf.

3 I don't think any of us have had remotely an

4 appropriate amount of time to go through this stuff.

5 What I will tell you, Your Honor, is up until Monday,

6 everything that I had was in this single notebook

7 that I'm holding in my hand. Now, as you can see, I

8 was able to corral some other resources to try to get

9 through some of the others, but it is extremely

10 voluminous. It is difficult to ascertain what some

11 of it is. Some of it would most likely need to be

12 looked at by a forensic expert in terms of the

13 metadata, because some stuff, even notes that have

14 been quote/unquote modified, I don't have any idea to

15 know what that is.

16 In addition, Judge, the gist of it, all of the

17 stuff that we have listed out, as best as we can

18 tell -- and I will state as an officer of the Court

19 that my conversation with Detective Slaughter was

20 that all of this has been in the possession obviously

21 of him and him being part of the State, but not only

22 in his possession, that it has been in the possession

23 of the district attorney since January of 2022. We

24 have requested it multiple times. We have been told

25 multiple times that we have everything.

5
 1 And again, Judge, I just want to make it

2 clear, I think you remember this, but none of this

3 has anything to do with Mr. Scofield. This was -- it

4 all predates him. But all of this stuff was given to

5 us after it had been in their possession and we had

6 requested it for -- it was in their possession for a

7 year and two months before it was actually provided

8 to us.

9 What I would further note is it was in their

10 possession for seven months, after which time we all

11 asserted our rights to a speedy trial. That trial

12 was set. The district attorney that was on the case

13 at that time knew it was set for that date; and that

14 date, she was further informed that I knew there was

15 still stuff missing, and yet here we are with --

16 there's nearly a hundred thousand pages of just

17 Facebook stuff.

18 THE COURT: I saw that, 99,000.

19 MS. CLARK: Ninety-nine thousand and seven

20 hundred and some pages; there are three phone

21 downloads that were never provided; twenty-five

22 search warrants, I believe -- and you guys jump in if

23 you need to, because we had to just divide and

24 conquer, including other people in our office, Your

25 Honor, just to try to see what we had. I can't say

6
 1 that we've looked at it, but I'm, you know, I'm doing

2 the best that I can.

3 Some of the things that were excluded, most

4 importantly, the detective's report, which I

5 repeatedly asked for in emails and in person, and up

6 until Mr. Scofield took over the case and gave it to

7 me, I didn't even have the investigator's report,

8 which he said was turned over, and we've got emails

9 that state that from January the 13th of 2022. And

10 again, here we are on a speedy, Your Honor, and all

11 of this stuff was just provided to us.

12 Mr. Scofield attempted to provide it a couple

13 weeks earlier. We could not download it. It kept

14 giving us this crazy error. I.T. couldn't help, Mr.

15 Ruiz couldn't figure it out. We went to Mr.

16 Scofield, and he had Mr. Ray and Mr. Hamilton in his

17 office working on it, and they informed us I think on

18 St. Patrick's Day, we were at a conference and I got

19 an email where they were running into the same issues

20 and had to actually get with Box -- correct me if I'm

21 wrong, Mr. Scofield.

22 MR. SCOFIELD: That is my understanding,

23 Judge.

24 MS. CLARK: I think that Box was trying to

25 actually work with them, so aside from all of that,

7
 1 they finally got it working. It's on an external

2 hard drive.

3 As of this morning at 3 o'clock, I'm still

4 trudging through it, but I still have files that

5 won't open, and I can screenshot that. More

6 importantly, Your Honor, that was in their possession

7 all this time, and until Mr. Scofield took it over,

8 no one bothered to attempt to open it or they would

9 have realized they also couldn't access it.

10 So it sits there for a year and a half while

11 our clients remain in custody, unable to make bond,

12 having asserted their rights to a speedy trial, and

13 we are a week and a day out when we can finally

14 access thousands -- hundreds of thousands of pages of

15 stuff.

16 THE COURT: Okay. Mr. Gilbert, you want to --

17 are you basically joining in?

18 MR. GILBERT: But, Judge, just to be heard for

19 my own client's sake, the public defender's office

20 and I have been tracking all of this side by side.

21 Most of these conversations that we had with

22 Detective Slaughter or the State we had together at

23 the same time.

24 There may be -- there were times that I

25 emailed or texted the State asking for the same

8
 1 things. Other times it would be in person. The

2 agreement was that Ms. Clark would forward to me what

3 she received -- at least in this, as far as the

4 download -- to save time. And I know the State can't

5 probably -- and I don't know technology enough,

6 Judge, to be downloading two at the same time, but

7 what I had was they would give it to her, she would

8 download it, and I would download it next, and my

9 downloads did not -- I didn't finish even just

10 downloading it until yesterday afternoon. So they're

11 a step ahead of me.

12 I haven't even had time to even make an

13 exhaustive list. I'm relying a lot on what they said

14 just because I haven't had access to it.

15 THE COURT: It's obviously a lot of material.

16 MR. GILBERT: Judge, I was just doing some

17 simple calculator math just for funsies. Just the

18 Facebook pages alone, if we looked at every Facebook

19 page and it took a second each -- click, click,

20 click -- that's 26 hours of just looking at the

21 Facebook pages, and when you want to talk about

22 having all the other stuff that you've got to go

23 through that may be even more prob- -- maybe -- yeah,

24 Judge, I just -- you know, I don't know where I'm

25 going to sleep the next, you know, ten days or

9
 1 whatever. But, like, it's -- and I would also admit

2 that once General Scofield got on board, he's been

3 nothing but exceptional, but it's all those -- all

4 these problems pre-date General Scofield, and it's --

5 we asserted a speedy trial right a while ago.

6 MS. CLARK: September 7th.

7 MR. GILBERT: Yes. And so -- which we felt

8 was -- we heard that argument, and now here we are

9 ready to go, but I don't have a pie chart to see what

10 percentage of evidence we've been given here, but I

11 would say that the lion's share of that pie chart has

12 just been dumped on us. I just got it yesterday.

13 THE COURT: General Scofield, do you disagree

14 with the general presentation of that?

15 MR. SCOFIELD: No, Your Honor.

16 THE COURT: Okay. All right.

17 MR. SCOFIELD: Especially the part about me

18 being good. That was nice.

19 MS. CLARK: I'll sign an affidavit to that

20 effect.

21 THE COURT: All right. So I'm not sure how

22 key the evidence is. I'm sure if it's turned over,

23 the State intends on using it, that it would be

24 important to the State, so I'm not going to prejudice

25 the State by excluding all this evidence; however,

10
 1 your clients have been locked up for a long time

2 waiting for this information, so they will be getting

3 a significant bond reduction.

4 What's your client's bond right now, Ms.

5 Clark?

6 MS. CLARK: Your Honor, I don't really know

7 what it is. I want to say 200,000, but, Your Honor,

8 anything other than an O.R. is effectively no bond.

9 He can't make a bond. He has no abilities, been in

10 custody for a year and a half. He has no friends,

11 no -- he's twenty- --

12 THE COURT: Won't be an O.R. but it'll be a

13 lot less.

14 What's your client's bond?

15 MR. GILBERT: I don't -- Judge, I don't

16 think -- I know it was, like, close to $500,000.

17 THE COURT: Can you look at the bond, Lajuan?

18 MR. GILBERT: It's the same. He's been

19 incarcerated for over a year and a half.

20 MS. CLARK: Since October of '21.

21 MR. GILBERT: Yeah, Judge. He's, he's a young

22 man. He didn't have a job or hasn't had a job in --

23 he went in when he was 19 years old, maybe 18. His

24 ability to --

25 THE CLERK: Judge, on Moore, it's 500,000.

11
 1 THE COURT: Moore is 500,000?

2 THE CLERK: Yes, sir.

3 THE COURT: Okay.

4 THE CLERK: Menifee is 250,000.

5 THE COURT: All right. Let the bond for

6 Kenneth Moore be dropped to $50,000; let the bond for

7 Marvin Menifee drop to $25,000.

8 MS. CLARK: Judge, in terms of the exclusion

9 of evidence, I just want to make sure that the record

10 is clear, and if I can get some clarification on

11 exactly -- if you can articulate the ruling for me,

12 because I've got some other argument in relation to

13 the actual continuance itself rather than the motion.

14 THE COURT: Okay. Well, I'm granting a

15 continuance for this. We're not going to be able to

16 go forward. I want the defense to be as fully

17 prepared with this information as possible. I don't

18 know if there's even a way we can even predict when

19 the trial date might occur, simply because you

20 haven't even looked at the evidence yet to ask why it

21 may be necessary to file motions to exclude it or

22 file for severance or anything else based on the

23 information that you have.

24 So as far as the ruling on your motion to

25 exclude, if the basis of the motion to exclude is

12
 1 solely because it was provided late, then based on

2 the fact that the remedy of a massive bond reduction

3 was just imposed, then the motion to exclude is

4 granted, because I think there's an alternative that

5 would not prejudice the defendant as far as him being

6 in custody, that will allow you as his attorney to

7 look through the evidence and see -- there may be

8 some great stuff in there for your client as well,

9 maybe some stuff that's exculpatory, something you

10 can build a defense around.

11 So let the motion to exclude be denied, based

12 on the fact that I don't see where it's going to

13 prejudice -- I think there'll be greater prejudice to

14 excluding the evidence, which could be very helpful

15 to the client and the State, because we don't know,

16 so that's why it's getting denied. But the remedy

17 for bond -- the remedy of the bond being adjusted

18 downward to something that's more makeable anyway, I

19 think, satisfies the prejudice aspect of the

20 situation we're in.

21 Now, for whatever reason he can't make that,

22 that bond, maybe we can talk about that later as

23 well, especially if it turns out that some of this

24 evidence is stuff that's going to need additional

25 followup.

13
 1 But that's the order of the Court as of today,

2 that the motion to exclude, based on the fact that it

3 was provided late, is denied.

4 MS. CLARK: So that I can make sure that I'm

5 covering my bases, Judge, I'm understanding that you

6 are denying the motion and that the remedy for that

7 is that you will continue it to give us time, so

8 this --

9 THE COURT: Well --

10 MS. CLARK: Go ahead. I'm sorry.

11 THE COURT: The motion to exclude evidence,

12 based on the fact -- solely on the fact it was just

13 provided recently, is denied.

14 I don't -- I didn't read the, any aspect up

15 here where you're talking about anything other than

16 the large nature of this discovery being just

17 recently provided as being a basis for your motion.

18 Is that -- is there anything else?

19 MS. CLARK: Your Honor, in my opinion, it goes

20 very much deeper, because it is such a clear

21 violation.

22 I understand that exclusion of evidence is an

23 extraordinary remedy, but we are here having asserted

24 our rights to a speedy trial. Number one, we've

25 previously stricken a bond motion because it became

14
 1 clear to us that if the bond was a thousand dollars,

2 our client can't make it. He doesn't have any family

3 here. So even if he could make the bond, he would

4 have to stay in the jurisdiction, so that's a whole

5 other issue. And that doesn't change the fact that

6 we're still being backed into a corner, and as I'm

7 understanding it, they're being forced to choose

8 between either their right to a speedy trial, which

9 they have asserted seven months ago, and the State

10 knew, and they helped pick the date -- you'll

11 remember we argued about that, Your Honor -- so they

12 have to pick between their right to a speedy trial or

13 their right to have effective assistance when the

14 State so clearly had possession of the evidence, that

15 we asked for it multiple times a year and two months

16 ago, and they just sit on it? And that alone, Your

17 Honor, is prejudicial to my client. If they hadn't

18 been sitting on it, we could have been prepared to go

19 forward on this a long time ago.

20 And, again, we're here because the case was

21 passed off to Mr. Scofield. And while the D.A.

22 certainly has a right to reassign cases, it's a

23 choice that they made. And to use a term I've heard

24 another judge in another jurisdiction use, Your

25 Honor, they don't have the same relationship to a

15
 1 case that a defense attorney has. We have a

2 relationship with the client and duties to the

3 client.

4 The cases are the State's cases, they are not

5 the case of an individual assistant D.A., and

6 assistant district attorneys are fungible

7 commodities, and if they reassign the case to Mr.

8 Scofield at a time when he couldn't get ready, then

9 that was a decision that the State made, and, quite

10 frankly, Your Honor, I don't know how to view that

11 other than to say it appears to be that it's

12 intentional specifically to orchestrate a continuance

13 in this matter, and if that's the problem and that's

14 what's going on and Mr. Scofield has just come on it,

15 the attorney who had the case for 15 and a half

16 months is still in the office, still practicing, and

17 I don't know why she couldn't be ready.

18 If we have to choose, Judge, we want to go

19 forward with what we've got, and if that's coming in,

20 we'll deal with that on the back half. But we are in

21 no way acquiescing to or agreeing to a continuance.

22 We want a trial on April 11th.

23 THE COURT: All right, General. We're kind of

24 shifting to the speedy trial argument at this point.

25 Do you want to be heard on that?

16
 1 MR. SCOFIELD: Your Honor, I mean, speedy

2 trial is a right that can be asserted, and it's up to

3 the Court to decide whether or not the defense has

4 been so prejudiced that that comes into play.

5 I think, when we come down to it, this is a

6 case that's 17 months old. For a first-degree murder

7 case, that's not unusual, especially as we get

8 further and further into the digital age where we

9 have enormous Facebook downloads, we have phone

10 dumps, we have all these things that need to be gone

11 through that take a lot of time and a lot of

12 manpower.

13 Again, 17 months is not that long. My

14 understanding is the right to a speedy trial in this

15 case was asserted 11 months in. Per a Barker

16 analysis, usually that doesn't even get to that point

17 till we're twelve months in.

18 I think you're looking at this case, you're

19 looking at the Barker factors -- intentional delay to

20 gain a tactical advantage or harass the defendant --

21 I just don't think that's present here, Your Honor.

22 This is a complex case. I can't speak to what

23 got handed over before. I handed over everything we

24 had the moment the request was made. The State does

25 not control Box corrupting files or things that you

17
 1 can't open. Certainly we are not trying to harass

2 anyone.

3 I think if you're looking at bureaucratic

4 indifference or negligence, well, we handed

5 everything over, Your Honor. It's not like we had

6 TBI stuff that's been sitting around for five years

7 and never got sent.

8 Delay necessary to the effective prosecution

9 of this case. I think at this point, it's very clear

10 we have a voluminous amount of things. There's still

11 things outstanding at TBI that are supposed to be

12 done by trial, but that's also going to necessitate

13 further investigation of the defense. They're going

14 to need to talk to TBI people, maybe even get their

15 own expert in regard to some outstanding ballistics.

16 These cases are complicated, Your Honor, and

17 17 months on a first-degree murder is not an abnormal

18 amount of time. You have case law, cases are five

19 years old, seven years old, where speedy trial wasn't

20 granted.

21 I know the defense can't ask for a continuance

22 and doesn't want a continuance. I got handed this

23 case I think at the end of January. I've done

24 everything I can to hand over everything I can. I

25 can't control electronic snafus.

18
 1 I think, given Your Honor's enormous cut on

2 the bonds in these cases is a good solution to

3 further stop any prejudice to the defendants, if

4 there is any at this point, and to give both sides a

5 continuance. I think both sides need to get ready

6 for this trial and effectively prosecute it and to

7 avoid any postconviction issues.

8 MS. CLARK: Your Honor, can I address a couple

9 things?

10 THE COURT: Yes, ma'am.

11 MS. CLARK: I don't disagree at all that he

12 gave me everything. He attempted to give me

13 everything the minute that he took the case over, and

14 no one says that they control Box. What they do

15 control is the fact that it was in their custody and

16 they didn't bother to open it or they would have

17 known.

18 I brought it to their attention, and it still

19 wasn't -- they didn't attempt to resolve it. Even if

20 my client were to get out, Judge, that doesn't

21 change -- you don't have to be in jail to get a -- to

22 assert a right to a speedy trial. We're here, and if

23 we're being told that we have to choose, we want the

24 trial, and if it comes in, we'll deal with it at

25 trial. But we want the trial. That's what we ask

19
 1 for. And nobody is saying that they controlled any

2 of that stuff.

3 But I understand that these can be complex

4 cases. As an officer of the Court and someone who

5 has prosecuted for ten years and probably tried more

6 jury trials than most of the people in this

7 courthouse, Your Honor, this one's not complex. It's

8 got all the Facebook stuff. If they want to narrow

9 down exactly what they're planning on using, those

10 99,000 pages may be moot. They may be looking at ten

11 of them. And if they want to narrow that down, I

12 think we can certainly address that.

13 But we asked for this, and I just -- I can't

14 think of a more egregious example of bureaucratic

15 indifference, and bordering on, bordering on

16 misconduct. And I don't, I don't know what else to

17 say, because it's so egregious that in 15 years of

18 practicing criminal law, never have I seen something

19 like this. And if they didn't have it, it would be

20 different. It would be different if the officer

21 never gave it to them. It would be different if,

22 "Oh, look, we were investigating and we discovered

23 this stuff." It was in their possession, and all

24 they had to do was give it to us.

25 I literally sent an email to Mr. Scofield and

20
 1 said, "I have literally begged the other D.A.," -- I

2 used the word "begged" because I had asked for it so

3 many times, and now our clients are the ones who are

4 going to suffer for it.

5 This is no different than if we came in or if

6 our clients came in on the eve of trial and wanted

7 new counsel, they would be accused of trying to

8 orchestrate a continuance because they're asking for

9 new counsel who can't get ready.

10 It's the State's case. They knew it was set,

11 and it's their job, and somebody from that office --

12 there are 25 lawyers -- somebody from that office

13 should be able to do it. Ms. Davis was on the case

14 for 15 and a half months. She should be very

15 well-versed in all of this. Maybe she can take it

16 back over.

17 But if we're being forced to choose, Judge,

18 April 11th was the date, and they had seven months to

19 listen to all of our complaints, requests, begging,

20 however you want to put it.

21 THE COURT: Okay. So looking at the speedy

22 trial factors, the length of delay -- when was the

23 motion for speedy trial filed?

24 MS. CLARK: September 7th.

25 THE COURT: 2022?

21
 1 MS. CLARK: Yes, Your Honor. You did not set

2 the trial date until October the 3rd, but we filed a

3 written motion and we discussed it in court on

4 September 7th and then we set the trial date on

5 October 3rd.

6 THE COURT: Okay. So the length of time since

7 the assertion has been less than a year. As General

8 Scofield pointed out, it's not unusual for murder

9 cases, simple or complex, to take longer than a year,

10 for lots of reasons. This has been pending for

11 longer than a year, I understand, but I find that the

12 fact that it was filed so many months -- I guess

13 seven months ago is particularly egregious when it

14 comes to a first-degree murder case.

15 The reason for the delay, if it's on the

16 prosecutor's office, then that bodes well for the

17 defendant. The defendant did assert his right to a

18 speedy trial, and the prejudice resulting to the

19 defendant from the delay, that's still a question

20 mark, because, again, there could be exculpatory

21 information in there as well, and I feel that

22 reducing the bond the way that it was reduced today

23 certainly reduces the prejudice resulting to the

24 defendant as well.

25 So I don't find that cancelling the trial date

22
 1 and resetting it for a trial date -- if the defense

2 wants and the State wants -- resetting it for

3 settlement unfairly prejudices the defendant. I find

4 it does not violate the right to a speedy trial at

5 this point.

6 So the motion to exclude is denied and a

7 motion to proceed with the trial -- let me ask you

8 this: General, are you asking for a continuance or

9 not?

10 MR. SCOFIELD: Yes, Judge.

11 THE COURT: Motion for a continuance will be

12 granted.

13 MR. SCOFIELD: If we could, I don't -- I mean,

14 I think we're assuming we're all -- could we keep the

15 trial date as a status date for now?

16 THE COURT: What was it?

17 MS. CLARK: April 11th.

18 MR. SCOFIELD: April 11th, Your Honor.

19 I expect to have some, as I mentioned, of

20 course, the TBI evidence that I demanded they have

21 done before the trial to hand over that day, and I

22 would like to -- and I don't think anybody would have

23 a problem with this -- maybe in the interim, we could

24 sit down and make sure everyone has everything, all

25 of us at a table, given all the argument, and I don't

23
 1 think -- you know, we all work well together. I just

2 wanted to put before the Court that we will do that,

3 make sure, make sure everyone's files all work, and

4 avoid this in the future.

5 THE COURT: Yeah, you may want to check on the

6 Box thing, for sure, because, I mean, it was

7 something that, when I was at the public defender's

8 office, what I received was vastly different from

9 what was on the D.A.'s side.

10 MR. SCOFIELD: And I think, Your Honor, my

11 solution is probably going to be to just download

12 everything we have on a hard drive so I'm not using

13 Box.

14 THE COURT: All right. And make sure Mr.

15 Gilbert gets that at the same time as the public

16 defender's office so he's not --

17 MR. GILBERT: Yeah, I think we're all on the

18 same page now.

19 Judge, if I can just be very briefly heard on

20 the bond? I know that you just kind of took a zero

21 off the end. I wasn't appointed to Mr. Moore at the

22 time that the bonds were set.

23 In looking at the factor of likelihood to

24 prevail at trial, the evidence that I do have, and I

25 wondered -- I would ask the State to see if they

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 1 would stipulate to the $25,000 bond for Mr. Moore,

2 because there's -- Mr. Moore has a -- I don't -- I

3 feel like Mr. Moore -- I don't know why his bond

4 would be double that of his co-defendant's in this

5 case, at least based upon the evidence, and I don't

6 want it -- to avoid maybe a future bond hearing, if

7 the State would stipulate to a $25,000 bond for Mr.

8 Moore as well?

9 MR. SCOFIELD: Your Honor, I'm not going to

10 stipulate, but I would agree with Mr. Gilbert that

11 the proof is not as strong against his client, if the

12 Court wants to take that into account in setting --

13 THE COURT: Does he have -- was he on bond

14 maybe when this was committed or there's --

15 MR. SCOFIELD: I don't know, Your Honor.

16 THE COURT: Okay. Without knowing more, Mr.

17 Gilbert, I can't --

18 MR. GILBERT: I understand.

19 THE COURT: I'm just going to proceed on the

20 fact that was presented today on the unnecessary

21 delay, so it got dropped by, you know, 90 percent.

22 MR. GILBERT: If he can't make bond, Judge,

23 I'll just file appropriate motions.

24 THE COURT: Okay.

25 MR. GILBERT: Thank you.

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 1 THE COURT: And if there's merit to those,

2 we'll hear those at that time, okay?

3 MR. GILBERT: Yes, Your Honor.

4 MS. CLARK: Your Honor, you set my client's at

5 50,000; is that correct?

6 THE COURT: Twenty-five.

7 MS. CLARK: Twenty-five?

8 Your Honor, again -- and I can file a bond

9 motion and we can hear it. I just want to make sure

10 that it's clear on the record, I don't think that

11 you're going to recall this, but previously when a

12 bond motion was filed, part of the reason that we

13 filed that was because our client has been repeatedly

14 attacked at Silverdale. He's been stabbed on three

15 different occasions, the most recent time and part of

16 the reason that we're so concerned we want this done,

17 he can't get out, he was stabbed 17 times. He was in

18 the hospital with a collapsed lung. Mr. Little

19 actually went to see him at the hospital. His life

20 is in danger, and I want that on the record that that

21 alone is significant prejudice in a situation like

22 this.

23 THE COURT: Well, that would exist whether the

24 information was -- evidence was turned over in a

25 timely manner or not, I guess; right? So, okay, your

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 1 assertion has been preserved for the record, and I

2 hope that you make the necessary, you know, reports

3 to Silverdale that your client's been assaulted like

4 this, so if for whatever reason they don't take

5 remedial measures, then they can be certainly held

6 accountable.

7 MS. CLARK: I've spoken with Mr. Bush about

8 the matter, and he's dealing with that. And I don't

9 know if you're done, but I want to make sure that we

10 get another trial date. Can we do that?

11 THE COURT: Yes.

12 MR. SCOFIELD: I have no problem with that,

13 Judge; however, I would like to confer with the

14 witnesses I would be calling to make sure they are

15 available. I do not want to set a trial date and

16 then have someone tell me, "Oh, I'm on vacation."

17 So I guess what I'd ask, if I -- if we could

18 just -- I mean, I don't need long at all. I just

19 need to contact certain people and make sure they're

20 going to be available, and we can, I guess, in the

21 interim, get together and look at possible trial

22 dates.

23 THE COURT: April 11th is not that far away.

24 We can pick one at that date.

25 MR. SCOFIELD: And we may discuss several

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 1 dates that maybe we could, between the three of us,

2 come up with some options, and that way I can make

3 sure, like, for example, Detective Slaughter won't

4 be, like -- I know this was something recently -- but

5 having his son's Marine graduation or, you know,

6 someone's going to be having a baby or -- you never

7 know, but I want to avoid that as much as possible,

8 so I want to contact the witnesses that I'll be

9 calling and make sure they're available for any

10 potential dates.

11 THE COURT: And, Ms. Clark, you filed the

12 motion in October? Is that what you said?

13 MS. CLARK: September.

14 THE COURT: September?

15 MS. CLARK: 7th.

16 THE COURT: All right. Well, I think

17 September should be wide open if you guys want to

18 start floating September dates to your witnesses.

19 MS. CLARK: September, Judge?

20 THE COURT: You want sooner than that?

21 MS. CLARK: Can I have two weeks? Or three

22 weeks? Because then subpoenas can go out and they're

23 legal. And it's not an invitation for tea, Your

24 Honor. I mean, I understand what I -- and I'll get

25 through it in three weeks. I mean, I want the

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 1 soonest trial date I can -- I want the 11th. If I

2 can't have that, I want the soonest one I can get

3 after that.

4 THE COURT: Okay. You guys talk, and we'll

5 pick one for sure on April the 11th at the latest.

6 If you guys can get together and pick one by

7 agreement, we certainly can.

8 MS. CLARK: Your Honor, there are other trials

9 scheduled where people are out of custody. Will Your

10 Honor allow us to bump those to do this since those

11 people are on bond?

12 THE COURT: If it's good with the State's

13 witness availability, yes.

14 MS. CLARK: Okay.

15 MR. GILBERT: One last thing, Judge, just

16 because we're preserving things for the record, I

17 hadn't filed a written motion in these, because,

18 again, I didn't really get the discovery until

19 yesterday, so I orally just want to say I was joining

20 the motions that were denied, and if I need to file

21 something in writing for the Court --

22 THE COURT: Yeah.

23 MR. GILBERT: -- I can.

24 THE COURT: So for the record, Ms. Clark's

25 motion to exclude evidence was denied, the one you

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 1 joined in?

2 MR. GILBERT: Yes.

3 THE COURT: And the State's motion to continue

4 the trial date, over Ms. Clark's and your objection,

5 was granted.

6 MR. GILBERT: Thank you, Judge.

7 THE COURT: We'll pick a new trial date on

8 April 11th at the latest.

9 MR. SCOFIELD: Thank you, Judge.

10 THE COURT: Anything else?

11 END OF REQUESTED PROCEEDINGS.

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 1 IN THE CRIMINAL COURT OF HAMILTON COUNTY, TENNESSEE

2 ELEVENTH JUDICIAL DISTRICT

3 STATE OF TENNESSEE

4 VS.

5 MARVIN MENIFEE CASE NOs. 313847, 313848

6 KENNETH MOORE

7 ORDER APPROVING TRANSCRIPT OF MOTION HEARING

8 This is to certify that the Transcript of the

Motion Hearing adduced in this case has been filed
9 with the clerk on ______________, in accordance with
Rule 24 of the Tennessee Rules of Appellate
10 Procedure. The transcript has been examined by
counsel for the Defendant and the State and has been
11 found by both to be a true and accurate record of the
proceedings.
12
This is to further certify that the Court has
13 examined the Transcript of motion hearing and has
found it to be a true and accurate record of the
14 proceedings.

15 THEREFORE, IT IS ORDERED, ADJUDGED, AND DECREED

that the Transcript of motion hearing is hereby
16 approved by the Court and counsel for the Defendant
and the State, and the Clerk is hereby ordered to
17 make the Transcript of the Motion Hearing part of the
Record on Appeal in this case.
18
Entered this the _________ day of __________,
19 2023.

20 ___________________________________
JUDGE
21
APPROVED:
22 ___________________________________

23 ATTORNEY FOR THE STATE OF TENNESSEE

24 ___________________________________

25 ATTORNEY FOR THE DEFENDANT/APPELLANT

31
 1 REPORTER'S CERTIFICATE

2 I, the undersigned Abigail M. Pearce, RPR,

3 RMR, LCR #793, State of Tennessee, do hereby certify

4 that the foregoing is a true, accurate and complete

5 transcript, to the best of my knowledge and ability,

6 of all the proceedings had and evidence introduced in

7 the trial of the captioned cause, relative to appeal,

8 in the Criminal Court for Hamilton County, Tennessee,

9 on the 30th day of March 2023.

10 I do further certify that I am neither of kin,

11 counsel nor interest to any party hereto.

12

13 ______________________, 2023

14

15

16 ____________________________

17 Abigail M. Pearce, RPR, RMR,

LCR #793
18 State of Tennessee

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