Court of Criminal Appeals of Tennessee, Knoxville
Session Date: May 17, 2016
from the Criminal Court for Hamilton County No. 277886
Rebecca J. Stern, Judge
Dominique Greer, was convicted of first degree felony murder
and attempted especially aggravated robbery. He received a
life sentence for felony murder and eight years for attempted
especially aggravated robbery to be served concurrently to
the sentence for felony murder. On appeal, Defendant argues:
(1) the trial court erred by admitting evidence of a prior
robbery; (2) the trial court erred by instructing the jury
that it could consider the prior robbery for issues other
than intent and identity; (3) the trial court erred by
allowing Detective Merritt to testify concerning
Defendant's cell phone records; (4) the trial court erred
by overruling Defendant's motion to suppress; (5) the
trial court erred by allowing a constructive amendment to the
felony murder indictment; (6) the evidence was insufficient
to support Defendant's felony murder conviction; and (7)
there was cumulative error. Following our review, we reverse
the judgments of the trial court because the trial court
committed reversible error in its final charge to the jury.
R. App. P. 3 Appeal as of Right; Judgments of the Criminal
Court Reversed and Remanded.
Underwood, Chattanooga, Tennessee, (on appeal) and Daniel J.
Ripper, Chattanooga, Tennessee, (at trial) for the appellant,
Herbert H. Slatery III, Attorney General and Reporter; Lacy
Wilber, Senior Counsel; M. Neal Pinkston, District Attorney
General; and Lance Pope and Kristen Spires, Assistant
District Attorneys General, for the appellee, State of
T. Woodall, P.J., delivered the opinion of the Court, in
which James Curwood Witt, Jr., J., joined. D. Kelly Thomas,
Jr., J., filed a concurring opinion.
T. WOODALL, PRESIDING JUDGE
Carroll testified that he is an architect and partner at
Rardin and Carroll Architects located on Preservation Drive
in an industrial park. The business is located one block from
Bonny Oaks Drive. Mr. Carroll testified that on July 21,
2010, at approximately 5:20 p.m. he was the last person to
leave the business that day. As he was placing his laptop,
briefcase, and other items in the back of his car, he heard
someone say "give me your wallet and your cell
phone." Mr. Carroll turned around and saw Defendant
dressed entirely in black standing approximately five feet
away with a gun pointed at Mr. Carroll. Mr. Carroll
immediately pulled out his wallet and cell phone and placed
them on the ground. He told Defendant, "you can have
anything you want just please don't shoot me." The
gun appeared to be a "silver aluminum colored
automatic." Defendant picked up the items and asked Mr.
Carroll if he had anything else. Mr. Carroll told him,
"I've got my laptop, I've got my car, here are
my keys if you want to take it, that's fine. Again, just
don't shoot me." Defendant looked at him and said,
"[Y]ou seem like a nice guy, I'm not going to hurt
you." Defendant then ran off toward Jersey Pike. Mr.
Carroll got into his car and drove to an adjacent office
where he used the phone to dial 9-1-1.
Carroll later received his cell phone bill which reflected
that three calls were made from his phone after the robbery;
he did not recognize the numbers. Mr. Carroll's wallet
and some of its contents were later recovered by the Hamilton
County Sheriff's Office. On September 17, 2010, Mr.
Carroll identified Defendant from a photograph lineup shown
to him by a detective.
Jeff Baker of the Hamilton County Sheriff's Department
testified that on August 30, 2010, he searched a wooded area
near Defendant's grandmother's apartment which was
located on Bonny Oaks Drive, within a mile from where the
robbery of Mr. Carroll occurred. He had received information
that a gun used in the victim's homicide may be located
inside a sock hidden behind the apartment complex. While
looking for the weapon, Detective Baker found Mr.
Carroll's wallet lying on the ground by one of the trees
outside the complex. He also found two black t-shirts. On
cross-examination, Detective Carroll testified that he had
been told that Defendant lived in the apartment complex with
his grandmother, Odessa Moon. Detective Carroll admitted that
he did not know who put the wallet behind the complex.
21, 2010, Charles Moore, the murder victim's father, was
living on Shady Hollow Lane in Chattanooga with the victim
and the victim's mother, and Mr. Moore's wife, Angela
Moore. The victim, twenty-one-year-old Darrian Moore, was not
home when Mr. Moore arrived home from his work at Tennessee
Valley Authority that evening. Mr. Moore explained that the
victim worked a part-time evening shift loading trucks for
FedEx. The victim usually left the house at approximately
4:30 to 5:00 p.m. to go to work, and he normally arrived home
between 10:00 and 11:00 p.m. Mr. Moore testified that the
Wood family lived on Lone Hill Road. Mr. Moore could see the
Wood's residence from his house, and their back yards
were close to one another. He said that Frank Wood, who lived
at the Lone Hill Road residence with his grandparents, and
the victim knew each other, and Mr. Wood had been inside Mr.
Moore's residence. Mr. Moore testified that he had no
knowledge of Defendant ever being inside his house, and he
had never seen the victim and Defendant together.
Moore testified that on the night of July 21, 2010, he was in
the sunroom updating his computer when he saw the victim back
into the driveway and park his white Impala. He said that it
was not unusual for the victim to sit in his car after
arriving home to listen to music or to talk on the phone to
his friends. Mr. Moore testified that he heard a
"pop" after the victim arrived home but he thought
that the sound was of the victim throwing trash into the
empty dumpster. He noted that the family's Rottweiler was
also barking "in a vicious tone." Mr. Moore looked
outside toward the dog's pen but did not see anything. At
some point, the victim called the house, and Mrs. Moore
answered the phone. The victim said "mamma" twice
and hung up. Mrs. Moore walked downstairs and told Mr. Moore
that she thought something was wrong because the victim
"didn't sound right." Mrs. Moore had also
attempted to call the victim back but he did not answer the
phone. Mr. Moore testified that he assured Mrs. Moore that
the victim was in the driveway and was "probably just
talking on the phone and not switching over[.]" Mrs.
Moore then walked out to the garage, raised the door, and
"flipped the lights a couple of times, " which was
the victim's signal to come inside, but he did not do so.
Mr. Moore testified that Mrs. Moore walked back inside the
house and told him that the victim's car was still
running and that he would not answer the phone. Mr. Moore
then ran outside to see what was going on. He found the
victim in the passenger seat of the car with a gunshot wound
to his left temple. Mr. Moore noted that he had never seen
Defendant sitting in the passenger seat when parked in the
driveway listening to music. Mr. Moore instructed Mrs. Moore
to go inside and dial 9-1-1, and he got into the car and
drove the victim to Memorial Hospital. The victim was later
transferred to Erlanger Hospital where he died.
Moore testified that the victim was paid weekly by direct
deposit from FedEx, and the victim had an ATM card to his
checking account. Mr. Moore also had access to the checking
account. He helped the victim save some money by leaving
enough money in the victim's checking account to cover
his bills and "$50 for him to waste." Mr. Moore
transferred the rest to the victim's savings account. The
victim did not have access to the savings account because Mr.
Moore did not want the victim to "spree" spend it.
He thought that the victim had approximately $1100 to $1200
in the account at the time of his death.
cross-examination, Mr. Moore testified that the victim
thought he and Wood were friends. However, he said that the
victim and Wood had a falling out after they were pulled over
by police "on Fraizer Avenue during Riverbend." The
incident happened sometime in June of 2010.
Turner testified that in July of 2010, he was seventeen years
old and lived at Lakeshore Manor with his father and
step-mother. He knew Frank Wood and Defendant who was also
known as "Head." Mr. Turner testified that he was
familiar with the victim, and he had been at the victim's
home "[o]ne particular time." He said that at some
point in July of 2010, he was part of a conversation with
Defendant and Mr. Wood about robbing the victim. The
conversation took place in the "front of
[Defendant's] yard." Mr. Turner testified there was
talk about the "need to come up with $1500" for a
"mix tape" for Defendant's brother
"Boochie." Mr. Turner testified that it was Mr.
Wood's idea to rob the victim because Mr. Wood knew that
the victim worked and that the victim was saving his money.
Mr. Turner said, "I believe that he showed Franklin his
bank statements or, you know, receipts or something showing
that he had money in the bank." Concerning the robbery,
Mr. Turner testified:
At first [Defendant] suggested that, you know, with me being
kind of stocky wise and or whatever he suggested that I
[hold] the weapon to him, you know, while he was at his
driveway, demanding him get out of the car, move over, to be
placed in the back seat with something covering him so that
he couldn't see anything, and drive to the bank and get
him to tell the code to the ATM to withdraw the money out of
Mr. Turner's understanding that the victim had
approximately $3, 000 in the bank. He said that because the
victim knew Mr. Wood and his voice, Wood planned to "be
in the back seat or in the front, wherever that he was going
to sit, he didn't want to be seen or heard, his voice
heard." Because Mr. Turner did not "want to do none
of it, Defendant said that he would hold the weapon during
the robbery and that "he would just pretty much have him
at gunpoint with fear for his life so he wouldn't see
what was going on or do anything." Mr. Turner testified
that after the robbery, the plan was to drop Defendant off
and drive the car to a chop shop in Atlanta, Georgia. Mr.
Turner testified that the robbery was originally supposed to
take place the Friday before the murder occurred on
Wednesday, July 21, 2010. Mr. Turner testified that he had
planned to buy school clothes with his share of the proceeds
from the robbery. He said that Defendant planned to use his
share to help his brother produce the mix tape. Mr. Turner
did not know what Mr. Wood planned to do with his money, even
though Mr. Turner testified about having a conversation with
Mr. Wood in which Mr. Wood talked about what he wanted to do
with the proceeds.
Turner testified that he left his father's house due to a
disagreement and was staying with Edward "EJ" King.
Mr. King's house and Defendant's mother's
residence were in the same neighborhood. Mr. King also lived
one neighborhood over from the victim's house and Mr.
Wood's house. Mr. Turner testified that while at Mr.
King's house, Mr. Turner and Wood had another
conversation about the robbery. He said that Mr. King's
cousin, Mr. King, "Cornelius, " Angel Kilgore, and
another female were also at the house at the time. Mr. Turner
testified that he and Mr. Wood had been drinking, and he
thought that Mr. Wood was drunk. He said that Mr. Wood was
talking about what he wanted to do with the proceeds from the
robbery, and Mr. Turner indicated that he wanted to buy
school clothes. Mr. Turner did not like Mr. Wood discussing
the robbery in front of others, and he eventually said,
"I'm not doing it, brother." Mr. Turner
testified that he told Mr. Wood that he "feared"
Mr. Wood and the victim would become friends again, and Mr.
Wood would "snitch" on them, which made Mr. Wood
mad because the others were listening. Mr. Wood eventually
calmed down, and he and Mr. Turner apologized to each other.
Mr. Turner testified that he told Mr. Wood that he did not
want him to participate in the robbery. However, Mr. Turner
said that he could not talk to Defendant because Defendant
"pretty much had his mind made up."
Turner testified that thirty to forty-five minutes later,
Defendant arrived at Mr. King's residence in a car with a
few other men. Defendant was not driving the vehicle. Mr.
Turner testified that Defendant got out of the car and said
that he had been trying to call Wood all day. Defendant also
indicated that he wanted to rob the victim that night. Mr.
Turner testified that Mr. Wood told Defendant that he could
not go with Defendant because Wood had to go home because of
his curfew. Mr. Turner said that he told Defendant that he
was too intoxicated to go with Defendant. He did not see
Defendant with a gun at the time. Mr. Turner testified that
Defendant left, and Mr. Wood asked Mr. Turner to walk home
with him. They saw Defendant at someone else's house as
they walked up the hill. Mr. Turner testified that Defendant
said, "[S]ee I told y'all I got a plan, brother, I
told you." Mr. Turner testified that he left Mr. Wood at
"Kailey's" house, and she and "Tracy"
were going to drive Mr. Wood home. Mr. Turner then walked
back to Mr. King's house and spent the night.
Turner testified that he spoke with Mr. Wood the following
day at approximately 12:30 to 1:00 p.m. because Mr. Wood had
left his iPod at Mr. King's house. Mr. Wood picked up the
iPod, and Mr. Turner asked Mr. Wood about the robbery. Mr.
Wood said he did not do it because he had curfew, and his
grandmother was upset because he was drunk. Defendant later
called Mr. Turner and told him he thought that he had
murdered the victim. Defendant said that the victim began
"tussling" with him and the gun "went
off." Mr. Turner then talked to Mr. Wood, who said that
the victim was sitting in the driveway with the car still
running. The following day, Mr. Turner saw Defendant riding
his bicycle. Mr. Turner testified:
Like, well, I left the neighborhood to where the murder
occurred. And he was, like, bro, I was like bro, you need to
go home, bro. You know what I'm saying, it's taped
up. He like, brother, I think I murdered him, but I
didn't mean to, though, brother. And he proceeded to say
that, you know, he didn't trust nobody no more. He was
like anybody who say something, brother, I got somebody who
will take them off the map. Which that's saying that he
would kill them. No witnesses, no nothing.
the murder, Mr. Wood asked Mr. Turner to tell police that Mr.
Wood had given him some clothing. Mr. Wood also wanted Mr.
Turner to be his alibi and tell police that they met on the
rock road by Mr. Wood's house at approximately 9:30 to
10:00 p.m. to exchange tennis shoes and a t-shirt. Mr. Turner
told Mr. Wood that he did not want to get involved.
22, 2010, Mr. Turner spoke with Detective Gienapp from the
Hamilton County Sheriff's Department and gave a
statement. Mr. Turner admitted that he lied to Detective
Gienapp in the statement because Mr. Turner was in "fear
of [his] life" and did not want to be involved. Mr.
Turner gave a second statement to police on July 27, 2010, in
the presence of Detective Van Hinton. Detective David Sowder,
Mr. Turner's father, and Mr. Turner's Uncle, Sergeant
Darrel Turner of the Hamilton County Sheriff's Department
were also present during the statement. Mr. Turner testified
that his father and uncle told him to tell the truth. He told
the detectives the information as to who was to be involved
in the robbery and how the proceeds would be split up.
Wood testified that he pled guilty to facilitation of
especially aggravated robbery in the present case. He and the
victim had been friends and they would hang out "mostly
every day." Mr. Wood testified that in July of 2010, he
lived on Lone Hill Road, and his backyard connected to the
victim's backyard. He had been inside the victim's
house and in his car. Mr. Wood testified that he and the
victim went to Riverbend together in 2010 to watch the
fireworks. At some point, they were pulled over, and the
police found "brown paper doggie [sic] bags and residue
marijuana [sic] all over the car." After that, Mr. Wood
and the victim did not hang out as much because Mr. Wood felt
that the victim blamed him for what happened. Mr. Wood
testified that he and the victim had an altercation when he
got a phone charger back from the victim. He said that
approximately two weeks after the fireworks display the
victim also flipped him "the bird" from his
driveway. Mr. Wood, who was standing on his balcony, lost his
temper, walked over to the victim's house, and they had a
fight. He did not speak to the victim again after the fight.
Wood testified that he and Defendant were both friends with
Dwight Turner. He said that a year or more prior to the
victim's murder, there was a conversation with Defendant
about burglarizing the victim's house in order to steal
guns. At the time, Mr. Turner was living at Lakeshore Manor.
Mr. Wood testified that just prior to the victim's
murder, Mr. Wood was at a gathering at Edward King's
house with Mr. Turner, Mr. King, Ms. Kilgore and her friend,
two of Mr. King's cousins, and one of Mr. Turner's
friends. Mr. Wood testified that he and Mr. Turner were
drinking, and Mr. Wood was drunk. At some point, Mr. Wood was
in the kitchen with Mr. Turner, Mr. King, Ms. Kilgore, and
her friend when Mr. Turner said that if something happened to
the victim, Mr. Wood would be a "snitch." Mr. Wood
testified that he knew there was a plan to rob the victim and
that Defendant and Mr. Turner were involved. Mr. Wood said
that he did not have a role in the robbery that was supposed
to occur that day. He testified that there was a discussion
about taking guns but he did not hear anything about taking
money or going to the victim's bank.
Wood testified that Defendant arrived at Mr. King's house
at approximately 9:00 p.m. with some friends. He said that
Defendant had a gun resting on his lap, and Mr. Wood did not
get into the car with Defendant and the others because Mr.
Wood had to be in for curfew in an hour. Mr. Wood testified
that when Defendant told Mr. Turner to get into the car, Mr.
Turner began crying and said that he did not want to get in
trouble. Mr. Wood testified that when Defendant saw Mr.
Turner "crying and acting crazy he took off." Mr.
Wood got a ride home, and Mr. Turner spent the night at Mr.
Wood testified that on the day of the murder Defendant texted
him and said that he needed some shoes and a shirt. Mr. Wood
then called Defendant who said that he had robbed someone on
"58." The State introduced Mr. Wood's cell
phone records from July 21, 2010. Mr. Wood acknowledged that
he sent Defendant a text message at 9:03 p.m. telling
Defendant to stop by his house before 9:30 because his
probation officer would be calling at 9:45 p.m. At
approximately 9:13 p.m., Defendant texted that he was near
"Booker T." and he asked if Mr. Wood had the shoes.
Mr. Wood met Defendant at the bottom of the hill near Mr.
Wood's house. Defendant said that he had robbed a
"white guy on 58 at the liquor store." Defendant
also said that during the robbery, the victim said that he
had "kids and everything." Mr. Wood testified that
Defendant "flashed the money that he took from the guy,
" and Mr. Wood saw that Defendant had a gun. Mr. Wood
also noted that Defendant was barefoot, and he was wearing a
black t-shirt with a Superman emblem on it.
Wood testified that he and Defendant walked to the corner of
the street where the victim lived, and Defendant asked,
"[W]here your boy at[?]." They both looked toward
the victim's house and saw that the victim was not at
home. Mr. Wood testified that he told Defendant that it was
time for Mr. Wood to be home for curfew, and he left. He
noted that he left Defendant standing in his next door
neighbor's yard. He said, "All of our yards, my
house and [the victim's] house and my next door
neighbor's, all three of our back yards intersect."
Mr. Wood testified that he knew what Defendant planned to do
because Defendant "had a gun and he robbed somebody
before and I knew I guess when he was over there that he was
going to do it." Mr. Wood said that he walked back home
and did not call police because he was only worried about
himself. Mr. Wood testified that he later missed three calls
from Defendant while Mr. Wood was eating dinner with his
family. He called Defendant back at approximately 10:00 p.m.,
and Defendant asked if the police were there. Mr. Wood told
him no and asked why. Defendant said, "[Y]ou ain't
seen from me, you ain't heard from me. And he just hung
Wood gave statements to law enforcement on July 22 and July
23, 2010. He did not mention Defendant's name during
either of the statements because he was "just afraid of
the whole situation." Mr. Wood told them that he met Mr.
Turner to give him some shoes because that is what Mr. Turner
told him to say. He said that he never met Mr. Turner to give
him any shoes and that he gave the shoes to Defendant. Mr.
Wood admitted that he told detectives that he did not know
anything about the murder. Mr. Wood and Defendant were later
arrested on July 29, 2010. Both were juveniles at the time.
Mr. Wood testified that the following day while in juvenile
court, Defendant told him that the victim was "bucking
the whole time and he knew [the victim] knew who he was and
[the victim] tried to go for the keys and his head hit the
gun and it went off." Mr. Wood then told his attorney
what Defendant told him. Mr. Wood testified that he did not
shoot the victim or accompany Defendant to the victim's
house on the night of the robbery. He also said that he did
not give any information to Defendant about the victim's
bank accounts or where he banked.
during a recorded call on July 27, 2010, Mr. Wood told Mr.
Turner that he did not set up a "murder." He did
not know that the call was being recorded. He also told Mr.
Turner that he told Defendant where the bank was at and that
it was the one by the mall and that Defendant planned to
"sit out there until [the victim] got off." Mr.
Wood then told Mr. Turner, "[Y]ou need to come to my
aid, we need to tell[.]" Mr. Wood testified that he knew
that Defendant was going to rob the victim when he left
Defendant standing near the victim's house, because
Defendant had a gun, and he robbed somebody before.
cross-examination, Mr. Wood acknowledged that he was required
to testify as part of his plea agreement. He admitted that he
lied in the first statement to police when he denied any
knowledge of the plan to rob the victim. He was indicted on
October 13, 2010, and he hired an attorney early in 2011 and
received the State's discovery materials. Mr. Wood
admitted that in November of 2012, he gave his first
statement that was consistent with the State's
allegations. In the statement, Mr. Wood stated that Mr.
Turner brought up the idea of robbing the victim. Mr. Wood
described seeing Defendant at the party with a black revolver
with a brown handle. He said that on the day of the murder he
saw Defendant with a chrome gun. In his November 2012
statement and at trial, Mr. Wood said that he thought that
the chrome gun was a semiautomatic.
Kilgore testified that she knew Franklin Wood from Central
High School. She also knew Dwight Turner and Edward King. She
knew the victim through mutual friends. Prior to the
victim's murder, Ms. Kilgore was at Mr. King's house
with Mr. King, "Redee, " Mr. Turner, Eric Traylor,
Mr. Wood, and Quinisha McCurdy. Ms. Kilgore testified that
Mr. Turner was drunk, and others were drinking and smoking
marijuana. At some point during the evening, Ms. Kilgore
heard Mr. Wood and Mr. Turner discussing a robbery. She
We were all sitting in the kitchen. And there were a couple
of conversations going on. And there was one conversation
where the only thing that I heard was Mon, and that was
because a while back when [we] were in school Mon and EJ had
gotten into it over something and they were talking about
that. And that was the only name I heard. And they was
talking - - it was like how it began they were talking about
getting new school clothes.
* * *
And they said that they were going to rob somebody. And
that's how they were going to get their new school
clothes. And they said that they didn't want to - - they
wasn't going to kill him or anything. They was just going
to try to hurt him, and take the gun and that was just to
scare him. They said that they was just going to hit him with
the gun. And then they - - Frank was talking about the time
that he thought he got off and everything, and they were
talking about what they were going to wear.
* * *
They said that they were going to dress up in all black so
they didn't - -so he wouldn't know who it was. And
then they said they may just put a bag over his head and make
him go to the bank. And then Frank, well, he started to get
scared. So Dwight told him that he think that - - he thought
that he would snitch.
Kilgore testified that Mr. Wood thought "that was messed
up because he told them that he wouldn't be the
snitch." She said that they were later sitting in the
den and either Mr. Wood's or Mr. Turner's cell phone
went dead while they were trying to text Defendant. Ms.
Kilgore testified that everyone went outside when Mr.
King's mother got home. While they were outside,
Defendant arrived in a car with Tracy Turner and
"Smiley." Defendant was sitting on the passenger
side. Ms. Kilgore testified that Defendant was holding a gun
in his lap, and he put it away when she walked up to the car.
She said that Defendant and Tracy Turner were trying to get
Dwight Turner to get into the car with them. Ms. Kilgore
testified that Dwight Turner was begging them not to let him
go because he was drunk and did not want to get into trouble.
She said that Mr. Wood got into the car with her, Quanesha
McCurdy, and Shamika McCurdy, and they dropped him off on a
street near his house. Mr. Turner was supposed to spend the
night at Mr. King's house.
cross-examination, Ms. Kilgore testified that the gun she saw
in Defendant's lap was a small black gun.
Linder testified that Defendant's brother, Kevin
"Boochie" Greer, is the father of one of her
children. Odessa Moon is Defendant and Mr. Greer's
grandmother. In July of 2010, she was living "[i]n the
west side." Ms. Linder testified that she knew Mahara
Taylor and Edward King. She recalled giving a statement to
Detective Van Hinton in August of 2010. She did not recall
telling Detective Hinton that Defendant told her that he was
involved in the victim's murder. Ms. Linder only
remembered that the detective told her that Defendant had
something to do with the murder. She also did not recall
telling Detective Hinton that Defendant told her that Jamicah
Moore drove the car.
prosecutor presented a transcript of a taped interview of Ms.
Linder with Detective Hinton. The prosecutor attempted to
impeach Ms. Linder with her prior inconsistent statements
that Defendant told her he was involved in the victim's
murder and that Defendant told her ATL (the street name for
Jamicah Moore) was the driver of the car that transported
Defendant to and from the area of the crime. Ms. Linder
admitted that the transcript of her statement reflected that
she made those statements, but she did not remember saying
those things. Defense counsel made an objection to Ms.
Linder's testimony as to who drove the vehicle because
Ms. Linder just heard it "on the street." However,
the prosecutor read Detective Hinton's question to her
about who told her, and she stated Defendant's name.
Defense counsel did not object to the entire transcript of
Ms. Linder's statement to Detective Hinton being hearsay,
and therefore strictly admissible solely for impeachment
an objection to the prosecutor reading out loud in the
jury's presence specific questions to and responses by
Ms. Linder, the prosecutor elicited the following:
Q. Ms. Linder, did [Defendant] ever tell you that he was
involved in the death of [the victim]?
[Ms. Linder]: No.
* * *
Q. So [Defendant] told you that he had something to do with
[Ms. Linder]: That's what it's saying, but I
don't recall telling them that. I recall them telling me.
Q. You agree that's what this transcript says.
[Ms. Linder]: Uh-huh.
* * *
Q. All right. Did [Defendant] at any point in time tell you
who the driver of the vehicle was?
[Ms. Linder]: No.
Q. He did not?
[Ms. Linder]: No.
* * *
Q. Who told you [Jamicah Moore] was driving. [Detective]
Hinton asked you that question; is that correct?
[Ms. Linder]: Yes.
Q. Are you Linder [in the transcript]?
[Ms. Linder]: Uh-huh
Q. What's your response?
[Ms. Linder]: [Defendant].
Q. So in August of 2010 you hear directly from [Defendant]
that Jamicah [Moore] was to be the driver of the ...