BELL COUNTY, Texas (FOX 44) — The third week of the Capital Murder trial of Cedric Marks was expected to be underway on Monday, May 1, but court is in recess due to Marks being sick. The trial will resume on the morning of Tuesday, May 2.
On Friday, April 28, Detective Forney was recalled by the prosecution.
Texas Ranger Adam Russell was the second witness to speak on the morning of April 28. He helped Kelsey Kemp process Swearingin’s home, Adney’s home and her Toyota RAV4.
Russell testified he traveled to Oklahoma to help excavate where Jenna Scott and Michael Swearingin were located, and helped transport evidence back to Texas. Russell even measured the distance from the burial site to Marks family plot at Northfork cemetery to be 703 yards.
From the gravesites, Russell received swabs from items placed at the camper site from the Oklahoma State Bureau of Investigation. One of the physical items Russell received was a Gatorade bottle placed inside the grave with Jenna and Michael.
Russell then testified going to Michigan to help Temple Dectetives Corey Powell and Ashley Cunningham collect evidence from Michigan State Police. Russell said he was also present for one of Powell’s interviews done in Michigan with Cedric Marks.
Prosecutors requested to speak outside the presence of the jury, and said they have new evidence outside the discovery of Powell’s interviews with Marks’ family and friends after Marks attempted to escape in Conroe.
Marks requested for these interviews to not be submitted into court – saying Ranger Russell wasn’t present for these interviews, and that it could cause jury prejudice for an act he wasn’t charged for.
Court was about to resume as Marks had time to review the extracted phone data from Thursday, April 27. Marks says this was a last minute move by the state.
Bell County District Attorney Henry Garza and Assistant District Attorney Stephanie Newell said the videos aid in supplementary reports made by Detective Powell of his interviews with Maya Maxwell and Ginell McDonogh. The judge gave Marks and his counsel time to look over this footage — and allowed Michigan law enforcement to be virtually summoned for recall.
In response, Marks asked the judge to squash the in-person subpeona for Ginell – saying there’s a transportation conflict for her to fly in from Tennessee leaving her kids by themselves. The judge denied Marks’ request and asked Marks to work with his wife to make arrangements.
After this discussion, Marks cross examined Texas Ranger Adam Russell – who testified on the morning of April 28. Under questioning, Russell admitted he did not know the test results from the blood swabs gathered from Swearingin’s home. Russell also said he was unaware if DNA was gathered on the water bottle gathered from the burial site of Jenna Scott and Michael Swearingin.
Along with the severe weather, judge Steve Duskie ended trial early on April 28 to give Marks time to finish looking over the extracted phone data and video footage.
On Thursday, April 27, Grand Rapids PD Officer Joe Garret was first on the witness stand. He worked with U.S. Marshals to arrest Marks at a mall in Michigan on January 8, 2019.
Michigan State Police Dectective John Forner came to the witness stand next. Forner tracked down where Marks, Maya Maxwell and Janell McDonough were staying at on Palmer Street, Muskegon, MI. He helped conduct the search warrant and seized Marks’ Red Jeep and Maxwell’s White Subaru.
Forner testified he received information in his interview with Maxwell. The location where Jenna Scott and Michael Swearingin were buried. Forner gave Maya’s information to the Oklahoma State Bureau of Investigations for the excavation process to begin.
After Jenna and Michael’s bodies were found, Forner did additional interviews with Maxwell and McDonough. Forner also mentioned Maxwell voluntarily gave this information not being taken into custody.
In the search and seizure of Marks’ red jeep, Forner said there was a background report paper of Jenna Scott inside the vehicle. Forner also testified seeing Janell deliver papers, photographs, and VHS tapes to the Bloomington, Minnesota police department. The car search happened on January 10, and the background report paper had the time code of being printed on October 18, 2018.
During trial on Wednesday, a bailiff removed Marks from the courtroom because of an outburst he aimed at the judge and prosecutors. He accused them of preventing him from successfully representing himself. When court resumed, Marks apologized for the outburst.
Prosecutors presented surveillance footage from a Walmart that showed two people who appeared to be Marks and Maya Maxwell buying a shovel, thermal clothing, shoes, and an exacto knife. According to a receipt, the purchases were made on January 4th, 2019 at 4:09 p.m.
During his cross examination, Marks presented several screenshots from the same video, but one was not admitted into court due to alterations.
Earlier, Leon Neal was the first witness to take the stand. Marks wanted to exclude Neal from speaking in front of the jury, saying Neal had lack of identifying Marks on January 4 near the Shannon property where Michael Swearingin and Jenna Scott were located. The judge overruled Marks motion, and Neal was able to testify in front of the jury.
Neal says he spoke with a black man near the Shannon Property, saying he was showing his girlfriend his old stomping grounds and had knowledge of the area. In Marks’ cross examination with Neal, Neal said he couldn’t confirm with certainty the man he spoke with the night of January 4 was Marks himself – and was unable to identify the vehicle. Neal was only able to say it was a dark vehicle.
Leon’s distant relative and hunting partner, Justin Massey, was with him that day – and gave a similar testimony to what Neal said.
FOX 44’s Earl Stoudemire is in the court room and is sending updates throughout the day. You can follow him on Twitter.