Session February 7, 2017
from the Criminal Court for Shelby County No. 11-00787 Chris
Defendants, Jarvis Sherrod and Antonio Dodson, were each
convicted by a Shelby County Jury of three counts of
especially aggravated kidnapping, two counts of aggravated
robbery, one count of aggravated rape, one count of
aggravated burglary, and one count of employing a firearm
during the commission of a dangerous felony. Sherrod was also
convicted of one count of aggravated sexual battery and was
sentenced to seventy-three years' incarceration; Antonio
Dodson was sentenced to forty-four years' incarceration.
In Jarvis Sherrod's appeal, he argues that the trial
court erred by: (1) denying his motion to sever his case from
that of his co-defendant; (2) denying his right to a speedy
trial; (3) improperly admitting a gun into evidence at trial;
(4) allowing the victims' prior consistent statements at
trial; and (5) improperly exercising its duty as thirteenth
juror. In Antonio Dodson's appeal, he argues that the
trial court erred by: (1) denying his motion to sever his
case from that of his co-defendant; (2) finding that the
evidence was sufficient to support two of his especially
aggravated kidnapping convictions; (3) allowing improper
closing argument by the State; (4) allowing the victims'
prior consistent statements at trial; (5) allowing improper
expert witness testimony; and (6) denying his motion to
dismiss count ten of the indictment for failure to provide
sufficient notice of the charge. Upon review, we affirm the
judgments of the trial court.
R. App. P. 3 Appeal as of Right; Judgments of the Criminal
Charles Edgar Waldman, Memphis, Tennessee, for the
Defendant-Appellant, Jarvis Sherrod.
Michael R. Working and Seth M. Segraves, Memphis, Tennessee,
for the Defendant-Appellant, Antonio Dodson.
Herbert H. Slatery III, Attorney General and Reporter; David
H. Findley, Senior Counsel; Amy P. Weirich, District Attorney
General; and Alexia Fulgham Crump and Eric Christensen,
Assistant District Attorney Generals, for the Appellee, State
Camille R. McMullen, J., delivered the opinion of the court,
in which Thomas T. Woodall, P.J., and J. Ross Dyer, JJ.,
CAMILLE R. McMULLEN, JUDGE.
August 8, 2010, and into the early morning hours of August 9,
2010, the Defendants, along with their co-defendant, Lorenzo
McKinney, invaded the home of Reno Stafford and Paula Diana
and held them captive, along with Stafford's girlfriend,
The Defendants burglarized the home, made multiple trips to
the ATM to withdraw money from Stafford's account, and
raped and sexually assaulted S.C. On February 5, 2011, the
Shelby County Grand Jury returned a twelve-count indictment
charging the Defendants with three counts of especially
aggravated kidnapping in counts one through three, two counts
of aggravated robbery in counts four and five, one count of
aggravated rape in count seven, one count of aggravated
burglary in count eight, and one count of employing a firearm
during the commission of a dangerous felony in count ten.
Sherrod was also indicted for a second count of aggravated
rape in count six and for unlawful possession of a gun by a
convicted felon in count twelve. On February 26, 2013, Dodson
filed a motion to sever his case from Sherrod's case,
contending that Sherrod had displayed improper behavior in
court and might prejudice Dodson's case. The record on
appeal does not include a written order disposing of this
motion or a transcript of the hearing on the motion. However,
following a series of continuances, the Defendants were tried
together in April 2015. In their joint trial, both Defendants
were convicted as charged with the exception of count seven,
in which Sherrod was convicted of the lesser included offense
of aggravated sexual battery.
Reno Stafford testified that he and S.C. were at a hotel in
Memphis on the evening of August 8, 2010. They left the hotel
to get some clothes at Stafford's house on 1795 Capri
where he lived with his mother, Paula Diana. Stafford
recalled that he and S.C. entered the house, Stafford gave
her the clothes, and S.C. went back outside and waited for
Stafford in the car. When Stafford walked outside, he was
approached by two armed men, who he identified as Sherrod and
McKinney. Stafford testified that Sherrod said
"'[g]ive me everything, '" and Stafford
emptied his pockets of cash, his keys, and a small amount of
marijuana. Sherrod and McKinney then forced Stafford and S.C.
into the house. Stafford testified that his mother came out
of her bedroom and Sherrod and McKinney forced all three
victims into the living room. Sherrod forced Diana to lay
facedown on the couch and Stafford and S.C. to lay down on
the living room floor. Stafford testified that they beat him
with a broom, hit S.C. in the face, and took his shorts and
shoes off while demanding money and drugs. Stafford also
testified that Sherrod pulled S.C.'s pants down "and
started raping her with his gun." Stafford said that a
third man entered the house while Sherrod was raping S.C. He
heard the third man say "make sure he keeps his face
down, " referring to Stafford, and he saw that the man
had a towel over his face.
and Dodson took S.C. to the back of the house while McKinney
stayed in the living room with Stafford and his mother.
Stafford testified that they were in the back of the house
for about fifteen or twenty minutes while McKinney beat
Stafford with a baseball bat, threatened him, and told him
"we're going to rape your girlfriend." When the
Defendants came back into the living room, Sherrod and
McKinney beat Stafford until he gave them his debit card PIN
number. Stafford testified that he gave them a fake pin
number, hoping they would leave, but that the Defendants took
S.C. with them to the ATM and left McKinney at the house.
Before the Defendants left, they tied Stafford's hands
and feet with clear plastic tape. Stafford testified that the
Defendants took his car to the ATM and were gone for fifteen
or twenty minutes while McKinney continued to hit Stafford
and ask him for drugs and money. When the Defendants and S.C.
came back, Stafford "made up some story" that the
card did not work because he had already withdrawn the
maximum for the day. The Defendants and McKinney decided to
wait until midnight so that they could withdraw more money,
and Stafford eventually gave them the correct pin number.
While they were waiting, Sherrod and McKinney threatened to
shoot Stafford and Dodson beat Stafford and called him names.
Stafford testified that he then recognized Dodson's
midnight, the Defendants went back to the ATM and again took
S.C. with them, leaving McKinney at the house. After the
Defendants came back from the ATM, they dragged Stafford into
the bathroom closet and threatened to kill him if he called
the police. The Defendants and McKinney then left the house
and Stafford broke out of the tape around his hands and feet.
S.C. returned in Stafford's car and told Stafford she had
been raped. Stafford drove S.C. to the hospital where they
met with officers and later gave formal statements. Stafford
testified that the Defendants and McKinney were able to
withdraw about $400 from his bank account and that they also
took about $250 from his pocket as well as some marijuana and
Promethazine. Stafford testified that they also took the
radio out of his car.
identified Dodson, Sherrod, and McKinney in photographic
lineups the next day. Stafford testified that he knew Dodson
from school but that he did not know Sherrod or McKinney.
Stafford identified a photograph of Sherrod wearing his
shorts, belt, and shoes that were taken from him at his
house. Stafford also identified a photograph of a gun and
testified that it was "[t]he gun that [Sherrod] used to
rape my girlfriend."
confirmed that his testimony at the preliminary hearing was
consistent with his trial testimony. However, Stafford
admitted to giving another statement on April 4, 2011, after
the preliminary hearing, in which Stafford told the
State's investigator that he "had reason to believe
that [S.C.] was involved." Stafford told the
investigator that he had seen S.C. in a car with someone who
was wearing a red shirt, and that he thought it was one of
the shirts taken from his house. Stafford also told the
investigator that S.C. received victim's compensation
money for the rape and that S.C. "didn't show no
[sic] kind of emotion like being offended when they was [sic]
raping her with the gun." Stafford told the investigator
that he was not sure about his identification of Dodson and
that it might instead be someone named Jerald McKinney. At
trial, Stafford explained that he had been upset with S.C.
when he gave the statement because she had ended their
relationship and filed a restraining order against him that
day. Stafford also explained that he was only questioning his
identification of Dodson based on suggestions from other
people. Stafford testified that he no longer believed S.C.
cross-examination, Stafford admitted that he smoked marijuana
and took Promethazine while at the motel but denied being
high when he was at his house. Stafford confirmed that he and
S.C. had sex at the motel before driving to his house.
Stafford denied that he had seen the Defendants' pictures
or names on television before he formally identified them in
the lineup, although he recalled seeing the Defendants on the
news after his identification. Stafford described the two
guns that Sherrod and McKinney had as "a revolver and an
automatic." Stafford testified that the revolver was
brown or black and that the automatic was black. However,
Stafford acknowledged that in his statement to officers he
initially identified the revolver as silver. Stafford also
acknowledged that the gun in the photograph he had previously
identified was not silver and that he could be mistaken about
the description of the gun. Stafford agreed that the tape
around his hands and feet was easily broken once he tried to
testified consistently, in large part, with Stafford's
testimony. S.C. said that she left all of her belongings in
the motel when they drove to Stafford's house, including
her cell phone, ID, and cash. S.C. waited in the car for
about ten or fifteen minutes while Stafford was in the house.
When Stafford came outside and walked up to the car, SC saw
"two guys r[u]n up on him." S.C. testified that she
had never seen the two men before and that they both had guns
and were reaching into Stafford's pockets. S.C. stated
that one of the men got in the car, pointed a gun at her, and
told her to go inside the house. Once they were inside,
Sherrod hit S.C. in the head with his gun and made her lay
facedown on the floor, where Sherrod forced her to pull her
pants down and raped her vaginally with his gun. Sherrod then
ordered S.C. at gunpoint to go to a room in the back of the
house and perform oral sex on him. While S.C. was performing
oral sex on Sherrod, Dodson entered the room and said
"let me get a piece of that b****." S.C. testified
that Dodson's face was covered with a shirt and that he
did not have a gun. Sherrod made S.C. wash herself because
she was bleeding, and then Dodson vaginally raped her in the
she was raped, SC was forced to go with Sherrod to the ATM in
Stafford's car. S.C. recalled that Sherrod drove and that
Dodson or McKinney may have been with them. S.C. testified
that the first PIN number Stafford gave them did not work, so
they drove back to the house and McKinney and Sherrod beat
Stafford until he gave them the real PIN number. S.C. was
then ordered to drive Dodson to the ATM and withdraw the
maximum amount, which was about $400. When they arrived back
at the house, SC was told to sit on a bench in the living
room while the Defendants and McKinney "gathered
everything up in black bags." After they were done, SC
testified that they told Stafford his car "would be in
the Robin Hood Apartments, " but then they changed their
mind and ordered S.C. in the car. S.C. was told to put her
head down in the backseat, and the Defendants and McKinney
got in the car and drove for about ten minutes. S.C.
testified that the car stopped and "[t]hey popped the
trunk and took [Stafford's] radio system and tossed the
keys and told me how to get out and told me to leave."
S.C. testified that she drove away "[a]s fast as
possible" back to Stafford's house and then Stafford
drove her to the hospital. At the hospital, SC was referred
to the Memphis Sexual Assault Resource Center
("MSARC") where she had an examination and rape kit
performed. S.C. acknowledged that she had applied for and
received victim's compensation from the State.
testified that she "instantly" identified Sherrod
in a photographic lineup the next day. S.C. also testified
that the gun Sherrod used to rape her was a revolver. S.C.
identified a photograph of her face taken at the hospital and
identified a bruise on her face near her eye. S.C. testified
that the bruise was caused by Sherrod hitting her in the face
with his gun.
cross-examination, SC was shown the same photograph of the
gun that Stafford was shown, and S.C. testified that
"[i]t look[ed] to be the gun that [Sherrod] used that
night . . . [t]o rape [her]." S.C. denied consuming any
drugs or alcohol on the day of the offenses but confirmed
that she was "rolling up a blunt" in Stafford's
car while she was waiting on him. S.C. denied taking anything
from the house or assisting the Defendants or McKinney to
take any stolen property out of the house. S.C. confirmed
that she was not bound or tied up at any point. S.C. also
confirmed that she could not pick Dodson out of a
photographic lineup. S.C. stated that she did not learn
Sherrod's name until after she identified him in the
lineup and that she did not see the Defendants on television.
On redirect, SC was again asked about the photograph of the
gun. S.C. agreed that it was possible that the gun in the
photograph was not the one used to rape her but that
"[i]t look[ed] awfully similar."
Diana testified that she lived at 1795 Capri with her son,
Stafford. On the night of the offense, Diana was asleep in
her bedroom when she heard loud voices and screaming. Diana
walked toward the living room when she saw a man, who she
identified at trial as McKinney, look around the corner.
McKinney told someone to "take care of her, " and
another man approached Diana, held a gun to her head, and
told her to put her head down. Diana testified that the
second man, who she identified at trial as Sherrod, frisked
her and took her into the living room. Diana saw Sherrod hit
S.C. in the head with his gun and say "don't look at
me." Diana was ordered to lie facedown on the couch
while her ankles and wrists were tied with cords and tape.
Diana kept her face down but "peeked up"
occasionally and saw Sherrod and McKinney beating Stafford.
Diana said both Sherrod and McKinney had guns and were
running around the house looking for things. At one point,
Diana heard Stafford say "please don't hurt her,
" but she could not tell what was happening. Diana also
heard Sherrod and McKinney talking about a PIN number and
going to the bank, and she remembered a third man entering
the house. Diana testified that the third man was wearing a
shirt on his head to hide his face. When they returned from
the bank the second time, Diana heard the perpetrators
"ransack[ing] the house." Diana testified that the
tape around her hands was "really loose" and that
she could have broken out of it but she stayed still
"[b]ecause they told [her] to and they had guns."
the Defendants and McKinney left, Diana was able to free
herself and she found Stafford tied up in the bathroom
closet. Diana testified that the Defendants and McKinney took
electronics, jewelry, wallets, cell phones, clothing, and a
purse from her house. Because their phones were stolen, Diana
drove to a friend's house to call the police while
Stafford and S.C. went to the hospital. Diana estimated that
the entire incident lasted about an hour. Diana was not able
to identify anyone in photographic lineups the next day. On
cross-examination, Diana admitted that she only learned the
Defendants and McKinney's identities after she
"looked them up and studied them for five years."
Diana also admitted that she could not identify the third man
because he had his face covered. Diana said that once the
attackers left she waited "about five minutes" and
then she broke out of the tape around her wrists and ankles
in "[o]ne second."
Lorenzo McKinney substantially confirmed the victims'
testimony. McKinney acknowledged that he participated in the
crimes and that he had a criminal history, including
convictions for aggravated robbery and theft. McKinney also
confirmed that he expected favorable treatment in exchange
for his testimony. McKinney said that he had known Sherrod
for about fifteen years and Dodson for a few years. McKinney
did not previously know Stafford or S.C.
testified that, on August 8, 2010, he was with Sherrod at the
Hillview Apartments when Dodson came over and told them that
someone "just received a large quantity of
marijuana." Dodson told them that this person did not
have a gun, that they could easily rob him, and that he knew
the address. The Defendants and McKinney then got a ride to
Stafford's house. McKinney testified that he and Sherrod
both had guns; McKinney had an automatic and Sherrod had a
"big silver revolver." As they approached the
house, McKinney saw Stafford walking out of the front door so
he and Sherrod approached him with their guns while Dodson
stayed outside. McKinney testified that he pointed a gun at
Stafford, demanded marijuana, and Stafford emptied his
pockets of a small amount. McKinney and Sherrod forced
Stafford and S.C. inside and taped up Stafford and Diana.
Stafford denied having any more marijuana, and McKinney took
his pants and beat him with a baseball bat and a broom.
McKinney saw Sherrod force S.C. to pull her pants down and
threaten Stafford that if he did not tell them where the
marijuana was he would "stick the gun up [S.C.'s]
behind." McKinney also saw Sherrod put the gun near
S.C.'s genital area, but he could not tell whether
Sherrod penetrated S.C. with the gun. Sherrod then took S.C.
to the back of the house. A few minutes later, Dodson came
inside with a "shirt or something around his face"
and also went to the back of the house. McKinney testified
that he called Dodson back to the living room and gave Dodson
his gun while he went to the back of the house to search for
testified that they decided to take S.C. to the ATM to
withdraw money after finding Stafford's debit card in his
wallet. McKinney also testified that he took Stafford's
ID card from the wallet and gave it to Sherrod. McKinney said
that Stafford initially gave them the wrong PIN number, and
McKinney beat him with a baseball bat until he gave them the
correct number. McKinney stayed at the house during both
trips to the ATM. McKinney testified that he eventually
realized that Stafford "was telling the truth"
about the marijuana, so they took items from the house and
left. McKinney said that they took a TV, a watch, some
clothes, about $300 from the ATM, and Stafford's clothes
and shoes. McKinney denied that the black revolver in the
photograph was the gun used in the crimes. McKinney testified
that the guns they used were from "someone at the
apartment where [they] hang out, " and that they later
returned the guns to the owner.
next day, McKinney was with Sherrod at a house on Brandale
when police arrived. McKinney attempted to hide in the attic
and Sherrod attempted to hide in a closet, but both were
found and arrested. After his arrest, McKinney waived his
rights and made a statement to police about the incident.
McKinney was unaware of any communication between the
Defendants and S.C. before the robbery.
cross-examination, McKinney testified that S.C. asked for one
of Diana's purses while they were going through the
house. McKinney also confirmed that S.C. was not tied up and
he claimed that no one hit her. McKinney said that officers
arrived at the Brandale house to execute an arrest warrant
against Sherrod for a domestic violence charge. McKinney
initially told police that Sherrod organized and led the home
invasion because he was mad at Sherrod for getting them
arrested. However, at trial, McKinney testified that the home
invasion had actually been Dodson's idea.
David Sloan of the Memphis Police Department
("MPD") received instructions to go to the hospital
to interview the victims of a home invasion, rape, and
robbery. Lieutenant Sloan testified that when he first met
S.C. she was highly upset, crying, and had visible injuries,
including a large bruise on her neck. S.C. told Lieutenant
Sloan that three people had robbed them and that two of them
had raped her both vaginally and orally. S.C. also told
Lieutenant Sloan that two of the men were unmasked and that
Stafford might know the third masked man. Lieutenant Sloan
instructed officers to take S.C. to the rape crisis center
for a forensic exam, to take Stafford to Lieutenant
Sloan's office to make a formal statement, and to process
Stafford's car for fingerprints. After leaving the
hospital, Lieutenant Sloan visited the scene at 1795 Capri
where he gave instructions to tag evidence and test for DNA
Sloan interviewed Stafford later at his home and testified
that he was "very lethargic, tired, upset, " and
had multiple injuries to his head and face. Stafford told
Lieutenant Sloan that he had been approached by two unmasked
men with guns outside his house and that they forced him and
S.C. inside where they began beating Stafford and asking him
for money, drugs, or anything of value. Stafford also told
Lieutenant Sloan that, while he was being beaten, his mother
came out of her bedroom and was forced to lie on the couch
facedown with her legs and hands taped. Stafford said that
the perpetrators threatened him, raped his girlfriend with a
gun barrel, and then took her into the bathroom. Stafford
also told Lieutenant Sloan that a third person entered the
house with a towel or shirt covering his face and that he
immediately recognized this person's voice. Stafford told
Lieutenant Sloan that he did not know the man's name but
that he could recognize him if he saw him.
Sloan testified that Sherrod was developed as a suspect
because he was found at the Brandale house with
Stafford's ID card in his pocket while wearing
bloodstained shoes similar to those taken from Stafford.
Dodson was developed as a suspect when the crime lab notified
Lieutenant Sloan that they found Dodson's fingerprints on
the car. Lieutenant Sloan prepared photographic lineups of
the suspects, and Stafford picked out Dodson's photograph
immediately. Lieutenant Sloan testified that Stafford and
S.C. also picked out Sherrod and McKinney in lineups as the
two unmasked men. S.C. could not positively identify Dodson
in the lineup, and Diana could not pick out anyone's
photograph since her head was down during the entire
cross-examination, Lieutenant Sloan maintained that he did
not provide Sherrod's name to Stafford before he picked
him in the photographic lineup. Lieutenant Sloan also
confirmed that there was no video footage from the ATM where
the Defendants withdrew money because the bank "had a
problem with the camera system at that branch."
Officer William Warren testified that, on August 10, 2010, he
drove to 2845 Brandale to execute two arrest warrants for
Sherrod. Officer Warren found Sherrod hiding in a closet and
arrested him. After conducting a pat down search of Sherrod,
Officer Warren found $492 cash and Stafford's ID card in
his pocket. Officer Warren testified that officers also found
McKinney at the Brandale house hiding in the attic. At trial,
Officer Warren identified a photograph of Sherrod wearing the
clothes he was arrested in. Officers tagged the clothing
collected from Sherrod when he was arrested, including a pair
of white tennis shoes, jeans, boxers, a belt, and a shirt. On
cross-examination, Officer Warren acknowledged that the
warrants for Sherrod were not related to the present case and
involved a domestic violence incident.
Sergeant Eric Kelly identified and collected evidence at the
Brandale house where Sherrod and McKinney were arrested. In
the closet where Sherrod was found, officers found garbage
bags full of clothes and a gun. Officers also recovered a TV,
a shotgun, multiple phones, and a large amount of marijuana
at the house. Sergeant Kelly identified photographs of the
gun and identified the actual gun, which was entered into
evidence without objection. Sergeant Kelly also processed
Stafford's vehicle for fingerprints and identified a palm
print that he picked up on the passenger rear door.
Gathright, an expert in the field of fingerprint examination,
testified that he was a latent print examiner for the
MPD's crime scene investigation unit. Gathright testified
that the print found on Stafford's car belonged to
Dodson. Gathright also testified that he did not identify any
prints belonging to McKinney or Sherrod.
Pinson testified that she had been a nurse examiner at MSARC
for twenty-five years. Pinson testified that her role
required her to provide health care to rape victims and
collect evidence for trial. Pinson was qualified as an expert
in the area of "sexual forensic nurse examiner."
Pinson was also a custodian of MSARC's records and
identified the MSARC report of S.C.'s examination, which
was completed by a MSARC nurse who no longer resided in
Tennessee. Pinson read from the report, which stated that
S.C. was forced to perform oral sex on two men and was
vaginally raped by two men. The report indicated that neither
man wore a condom and that a foreign object had been used.
The report further indicated that one of the perpetrators
"put the gun barrel in [S.C.'s] butt, " but
that there had been no anal assault. Pinson agreed that the
discrepancy could have been a typing mistake. Pinson further
testified that the report indicated S.C. had a petechiae on
her cervix, which Pinson described as "little
collections of blood underneath the skin." Pinson noted
that the petechiae could have been caused by a gun or by
penile penetration, but agreed that it was more likely the
petechiae was caused by a gun. The report further indicated
that S.C. had vaginal sex within four days of the assault,
and the exam took place seven hours after the assault. Pinson
testified that the report also noted that S.C. had "left
[p]eriorbital purple bruising, " or "a black eye,
" and that S.C. was "trembling and sobbing."
On cross-examination, Pinson confirmed she had no personal
knowledge of S.C.'s injuries.
Marquez, an expert in DNA forensic analysis, testified that
she was employed by the Tennessee Bureau of Investigation and
assigned to the forensic biology section where she performed
serology and DNA testing. Marquez testified that she was
given samples from S.C., Stafford, the Defendants, and
McKinney. Marquez testified that swabs from the gun found at
the Brandale house indicated a DNA profile from an
unidentified male. Marquez testified that the blood found on
Sherrod's shoes tested positive for Stafford and
S.C.'s DNA. Marquez also testified that a vaginal swab
from S.C.'s rape kit tested positive for Dodson's
DNA. On cross-examination, Marquez confirmed that none of the
DNA samples tested positive for Sherrod's DNA. Marquez
also confirmed that the DNA tests could not indicate whether
sexual activity was consensual.
testified on his own behalf. He stated that, on the morning
of August 10, 2010, he arrived at the Brandale house to meet
with McKinney. Sherrod said that McKinney and Antonio Dodson,
Sr., Dodson's father, lived at the house with another
man. Sherrod said he took a shower and then put on
McKinney's clothes and shoes, which he found in a
"black bag" in the closet. Sherrod testified that
he was aware of an outstanding warrant for his arrest on
domestic violence charges, and that he planned to turn
himself in that day. Sherrod said McKinney gave him an ID
card and told him to give it "to a female" they
knew, and Sherrod put it in his pocket. When the police
showed up, Sherrod hid in a closet while McKinney hid in the
attic. Sherrod hid because he "wanted to turn [him]self
in" rather than be arrested. Sherrod claimed that he did
not know anything about the home invasion at 1795 Capri or
where the ID card came from. Sherrod also testified that he
had never seen the gun in the photograph identified by
Stafford and S.C. Sherrod said that he had seen S.C. with
Dodson multiple times in the past at the Brandale house.
Sherrod claimed that the money found in his pocket came from
gambling and that, on the night of the crimes, he was at a
strip club with his father, brother, and cousins.
cross-examination, Sherrod confirmed his belief that the
officers were attempting to frame him for the offenses in
this case. Sherrod denied raping S.C. and contended that
officers coerced her to pick him in the photographic lineup.
Sherrod testified that S.C. was not a victim and that she
"want[ed] to exclude herself from being
prosecuted." Sherrod said that the victims'
identification of him and the fact he was wearing
Stafford's clothes and shoes and had Stafford's ID
card in his pocket were all coincidences. He also testified
that he believed the shoes he was wearing at the time of his
arrest had been "tampered with" by Lieutenant Sloan
to test positive for Stafford and S.C.'s DNA. Sherrod
testified that he did not really know Dodson but that he had
seen him a couple of times.
presented testimony from Jennifer Hoff, his investigator, who
testified that she interviewed Stafford and Diana at their
home on April 30, 2012. Hoff confirmed that Diana told her
"something was fishy about that night" and that
Diana and S.C. did not get along. She also confirmed that
Diana stated Stafford had been cheating on S.C., that S.C.
"might be trying to get back at them, " and that
she believed S.C. set them up. On cross-examination, Hoff
confirmed that her testimony was based on a summary of notes