Trial of Henry Dinkins, Day 14, Closing Arguments | Tuesday, Aug. 29

us she had already conceived free agent Terrell riesio was two at the time that she met Henry Dinkins and then by virtue of the relationship the two of them engaged in she became a pregnant with the yell and conceived the child there was discussion about the nature of the relationship that existed as far as the family Dynamics between Mr Dinkins um Aisha Langford and the children and I think what's very interesting to point out is conversations that occurred during the defendant's interview with Detective Obert that actually took on two different perspectives relative to the relationship that he shared with Aisha Langford during the initial stages of the interview and then the relationship that he shared with Aisha Langford toward the latter stages of the interview but at any rate here's what we know Aisha Langford had indicated that when she began dating Mr Dinkins she was of the impression that Mr dinkus was much younger um then he was he was an individual who had represented himself as being in his late 20s at some point in time by virtue of the relationship that she shared with him she discovered that he was a much older man she did indicate that he was very much involved in the children's lives during that initial stage of their relationship but then time passed and that was not how you would characterize the Dynamics that existed as far as Mr Dickens I'm having contact with any of the three children on a regular basis or being a father who was actively involved in dl's life Aisha Langford in helping us understand what that relationship was very simply she indicated that he was an individual that when he got a new car or a new girlfriend he would show up to show off that being said let's go ahead and let's set the stage for what occurred during the summer of 2020. during the month of June and at this point in time riasia's 10 years of age Aisha had talked about how there had been a cookout that had taken place down by the river I believe if she had attended the cookout with the children that was her first opportunity to meet Andrea culperson who was Mr dinkin's girlfriend that this was in an event that Mr Dinkins was present at and I believe but I would ask the courts to draw on its own recollection I believe that he was the individual who was in charge of the cookout at any rate you have what would be a scenario where there's more recent contact that had occurred where Mr Dean Penn's then is a father figure that GL has had contact with with in June and then as of July 8th of 2020 as Ms Langford indicated when they were driving down the street with ziel in the car they happened to her observe Mr Dinkins pull into a quick shop at that point in time D.L expressed an interest in being able to talk with his father and see his father which prompted Miss Langford to pull into the quick shop and have a conversation with Mr Dinkins about how he needed to be more involved in his son's life and he needed to spend time with his son as a result of that conversation we know that the discussion opened up to Mr Dinkins taking DL on July 9th so that he could spend some time with his son um and then through out the course of July 9th through telephone records the court was able to see that there was various contacts that had occurred but at any rate we know that I should say July 8th let me correct that on July 9th that was the date that Mr Dinkins picked DL up now on July 9 Aisha Langford was at work she was working at Checkers there on East Locust Street and so as a mother her understanding of what was to transpire was very simply that Mr deakins was going to respond over to her mother's house pick up DL and take his son his biological son and spend time with him when Mr Dinkins arrived there at the residence of Danita Gardner who is the biological grandmother the situation changed and as far as the events that developed there at the Gardner residence this Gardener described how she had been in a back room when Mr Dinkins got there when he came inside the residence and he was going to be gathering up his sons to leave the conversation developed into riasia on being interested and wanting to come along Aisha Langford had described that priyasia and DL were very very close as siblings and quite honestly they were attached at the hip and it would not have been a surprise to her that D.L would want his sister to go along with him and so the conversation developed wherein Mr Dinkins had consented tube reasia coming along but was what was very interesting about that conversation is this CS the 13 year old child and the teenager out of the group wanted to be able to come along and Mr Dinkins would not allow him to accompany DL and his sister Danita Gardner during her testimony spoke to that particular issue that she spoke to the fact that Aisha had no idea that riasia actually ended up leaving her residence and accompanying Mr on that defense but at any rate that prompted a telephone call wherein Miss Gardner had advised her daughter that riasia actually was going to go and spend time with Mr Dinkins her younger brother and that once she got off work she would need to pack up clothing to take over to the apartment that Mr dinkmann shared with Andrea Culberson there at Jersey Meadows apartment which we now know is apartment number eight Aisha Langford she gets off work she goes to her mother's residence and I think one of the things that is important for purposes of discussion is this we know that Aisha and her children were in a transition period they were in the process of having moved from a prior residence and she had the children's items back boxed up so when she went to her mother's residence as she got together clothing for Brie Asia she got together clothing for GL and within that clothing she packed pajamas for both of the children to wear additionally there was Footwear that would have gone over to the residents and then once she had accomplished that task she drove over to the Jersey Meadow Apartment Complex to drop the clothing off now before we go further into a discussion about those particular details I think it's important to stop and talk about briasia as a child one of the things that the state had talked with Aisha Langford about was whether or not Jersey Meadows apartment complex was a location that this child was familiar with that either child was familiar with and she indicated that no this was the first time that the children had ever been to this apartment complex this was not an apartment complex that creation was familiar with this was not an apartment complex that there were family members who lived at um this was not an apartment complex that riasia had friends that she knew and the reason that I bring that issue up is that I think it's very relevant to considering what happened in the middle of the night when Andrea Culberson woke up and found that riasia was gone from the apartment and I'll talk about that here in a moment but I think that we've got to stop and we've got to consider these circumstances because in conjunction with that conversation um one of the conversations that occurred with Aisha Langford on the stand is a conversation about the personality of riation was free Asia the type of child who was prone to waking up in the middle of the night and wandering off um and um Aisha that described her children as being very sound sleepers and the grandmother even spoke to that particular issue and that once she went down that child went down but the other thing about free Asia riasia was a rule follower she was not the type of child who would just get up and leave on her own but even more importantly griasia was not the type of child who's going to get up in the middle of the night and leave an apartment in an apartment complex that she's not familiar with and just to wander off there was discussion during the course of the untestimony and I would ask the court to draw on its own recollection about this particular topic but I believe both Aisha and Anita Gardner spoke to this that riasia was not a child who likes to go out in the dark now riasia was 10. you consider a 10 year old child in the environment that they are not familiar with um and what's the likelihood that a child is going to get up in the middle of the night and just wander off beyond that riasia had some issues with her site riasia had some issues with her hearing but then even taking that a step further the discussion that occurred was a description of her personality because the state thought that this was very important what type of child is griasia and the one thing that Aisha talked about and even the grandmother had talked about is that riasia was a truth teller she was a child that would tell the truth no matter what and I think her grandmother's description was she described her as a tattletail and so if her older brother or her younger brother were doing things that she didn't think was appropriate riasia was a child who was going to tell and I think that that particular person out personality attribute is something that has significant bearing on the events that played out through the course of the night of July 10th and going to the early morning hours of July 10th of 2020. taking that and setting that discussion aside I want to jump over to the interview of Mr defens um when detective over met with him at the Davenport Police Department after Mr Dinkins arrived there sometime around noon now in that opening interview the court had the opportunity to observe the conversation Mr Dinkins engaged in with Detective overt describing the family dynamic because at that point in time essentially what we have according well in terms of the perspective of law enforcement is we have a child who is missing and so the focus of that investigation is to try and gather any information that they could about family relationships and this child and a timeline of events so that information could be utilized to develop a plan to go out and search areas where riasia might possibly be do during the context of that discussion about the family Dynamics Henry Dickens portrayed himself as a father figure to reasia how he considered her to be his daughter and when you hear those types of statements being made in the interview it creates its own impression it creates the impression that we have a man who is very much a part of this family's life it creates an impression that we have a man who is probably exercising regular visitation is probably a figure within this family's life you know on any day through any given week and so when you create that impression of what it does is it lends itself to perception all right and here's what I mean by that when you start to think about the human experience and relationships that any of us have with individuals depending upon the length of that relationship depending upon the um character of that relationship the amount of contact that occurs in that relationship that forms perceptions so you may think that you know an individual but if you have a lot of contact with that individual that tends to create a sense of trust you know and we form perceptions about that and that is the basis by which we determine whether or not we feel comfortable around this individual whether or not we trust this individual whether or not we trust this individual around our children and would feel comfortable with that individual spending time with our children so Mr defense when he's talking about you know how he perceives himself himself as a father figure to reasia we're left with the impression that this is an individual who is very much involved in Brie Asia's life and um that being said this is an individual as a father figure who would never do anything to hurt that child um Mr Dickens talked about how close he was with Aisha and how they have a very good working relationship together as far as co-parenting but then when you get to the latter stages of the interview the complexion of those comments changes drastically and he describes how they have a very contentious relationship how they really don't speak at all and that's in stark contrast with what he would have led detective ulbridge to believe during the initial stages and that particular statement is in keeping with what Aisha Langford testified to about the family Dynamic and I think if we understand what the family Dynamic is it really speaks to comfort levels having an adult male who really isn't a father figure it's too bright Asia getting up in the middle of the night and removing this child from the apartment without communicating with his girlfriend about their departure not communicating with Aisha Lanford about the departure and not offering any explanation as to a legitimate reason for leaving the apartment complex so that Dynamic is very very important now let's go back then and let's talk about how the events developed during the evening of July 9th you know that once Aisha went back to her mother's she had the clothing for the children and she went over to the apartment complex briasia came down was very happy you know the evening was going very well there was the puppy that had come with Aisha riasia was excited about that um and then there was the handoff of the clothing with the mother you know letting her child know that she loves her Mom leaves and as Aisha is driving West on 53rd we know that the weather is such that it begins to rain and it's a significant rain so much so that Miss Langford described how she had to pull over into a driveway over near North High because her windshield wipers couldn't keep up with the amount of rain that was coming down the state brought that testimony out because it becomes very significant to later findings that were made when the maroon Chevy Impala was lifted on that hoist so that the gas kit tank could be dropped to measure the amount of gasoline that rain explains soil conditions that would have existed over in the areas who now Implement where riesia's remains were later recovered six months later and it was because of that rain and even discussions with other law enforcement officers who talked about the weather conditions throughout the night of July 10th and when I talk about throughout the night I'm talking about after the Midnight Hour transitioning from July 9th into July 10th and going to the morning hours of July 10th so we've got that significant mother then who returns back to grown mother's apartment Aisha described being very very tired and that essentially what she did was she just laid down on the couch and she fell asleep and she was hedged to the world because she was so exhausted Danita Gardner was asked about that same circumstance and she also talked about how her daughter lay down on the couch and went to sleep now as far as the plans for July 10th Aisha was to work her typical scheduled shift she would have gone in at 11 but because one of her co-workers hadn't come in to work that prompted her manager to call her before the eight o'clock hour and ask courage to come in because he needed somebody there that's to cover for that co-worker who had called in and so Aisha left her mother's residence had gone into to work as far as any contact that had occurred between Aisha and her children we know the last point of direct contact was when she dropped the clothing off to Aisha and then through the phone records we know that Bree had been utilizing Mr David's phone because neither child had cell phones um that would have gone to that apartment and there was the communications where there were a call or it's to I don't remember right now but the records will speak to that um Aisha was asleep she didn't answer that but then there was the text message that came through about something like good night Mama I love you and then Aisha responding back later in the evening that as she loved you know the two of the children and wishing them a good night so the number everything seemed fine there would be no reason for concern or worry what happens then let's talk about the Dynamics of what's occurring um from the perspective of DL free Asia Mr deakins and Andrea Culberson so when Mr Dinkins picked the children up we know that he went over to the 700 block of Taylor Street that's one of the things that the officers had talked about where he went to a relative's house Vince Howard um the children hung out there with a couple of little girls there were the adult male figures that were there the children were playing video games um and then um after that visit concluded the three subjects Mr Dickens free Asia and DL went over to Andrea culverson's apartment that's the apartment that Mr Dinkins shared with Andrea cloverson now I want to talk about the visit to Taylor Street and here's why you know when we stop and consider the testimony that came out through the course of this trial as far as individuals who could provide statements about what happened during the middle of the night of July 10th at apartment number eight they're the Jersey Meadow Apartment Complex we have an eight-year-old child and then we have Andrea Culberson the adult there's been a lot of discussion you know about a child who's eight years old and their ability to be able to recollect events um to be able to sequence those events um to be able to understand even what's going on and during the course of interviews that you conduct of an eight-year-old why is it that if you do an initial sit down with the child a child provides some details but then when you extend that out then the child is able to bring about more details the point that the state is going to make about DL is this everything that child described happening in his interviews formed the investigative construct four steps taken by officers of the Davenport Police Department in the investigation that they conducted so Mr Dinkins in his interview after he picks up the children describes having gone over to Vince Howard's house where the children played video games that is absolutely consistent with what DL said DL didn't know his father's friend's name but he described going over this house and spending time through the course of the investigation one of the things that was talked about through the testimony I believe of detective Obert but I will ask the court to draw on its own recollection about this particular topic that was an issue that was followed up by law enforcement a detective Obert did speak to this because detective overt and detective Ann Siebert went over to Vince Howard's house on Taylor Street detective Siebert was that direct point of contact detective Obert was following some issues down but they verified that yes the children were there at the Howard residence as Mr Dinkins described and as DL described so then when we go to the apartment complex let's do the comparison between what Andrea Culberson describes happening and what DL describes what's happening at no point in time is there ever any type of Divergence and what it is that both parties relate Andrea we know works for at T Andrea works for from home and Andrea Steele was working her shift and didn't get off until seven something in the evening Andrea has her workstation set up in the bedroom she described how riasia was fascinated by the work that she was doing and wanted to learn so the two spent some time you know bonding in that respect and that was even something that riasia was very excited to share with her mother I bring that up because we're looking at issues of credibility throughout all of the testimony that was offered and the one point that the state would definitely make is you see no discrepancies in testimony or statements provided by DL or in testimony or statements offered by Andrea Culberson and even like a small tangential issue like that relative to Aisha Langford and what she described happening so the children are there in the apartment we know the apartment is very small we know that it is an upper level apartment that has its own staircase dedicated to the apartment itself so you come in that door you go up the stairs and you get to the top of the stairs um as you get the top of the stairs and you look over to your left that's the main living area we know it's just kind of an open area where we've got the living room kitchen combination and then we know if you were standing at the top of the staircase and you would look at the wall ahead of you basically you go just a little bit further up toward the living room kitchen area we've got that door that leads into the only bedroom that's there in that apartment um and interestingly enough about that you have to access that bedroom to go to the bathroom and the other point of interest is this the bedroom window itself actually faces out onto the parking lot so the court had the ability to see the orientation of how you would access apartment number eight in order to get to apartment number eight you had to go along the east side of the property which essentially lies to the west of Costco so it's back along that wooded line that separates the property of Costco to the back of Jersey Meadows that window in the bedroom looks out onto the parking lot and the court certainly understands the import of that throughout the night Mr defense agrees with this Andrea agrees with this deal talks about this deals playing video games in the living room riasia is in the bedroom and she's playing her own video game DL as an eight-year-old child brings that issue up because he is there to spend time with his father but he notes his father is spending time in the bedroom with free Asia as she's playing a video game and Andrea Culberson gives us a little bit more perspective because she talks about how the three of them are sitting on the bed and they're playing some type of game where they're passing back and forth but you have a father who's supposed to be spending time with his son and he makes the choice to spend time in the bedroom with this 10 year old little girl and what we saw during the interview of D.L that bothered him and it made him mad because his father was supposed to be spending time with him that his father was making the choice to spend time with his sister at any rate we know that at some point during the course of the evening the children take the showers um there's complete agreement on that particular topic we know that they have dinner we know that rather than the children dressing in the pajamas that Aisha had brought over Mr Dinkins selected large white t-shirts for the two children to wear now why Mr Dickens t-shirt is a 4XL why would you want to put a 4XL on a 10 year old child it makes no sense but when you think about that article of clothing men's white t-shirts are very common articles of clothing and knowing what occurred to griasia if riasia were dressed in her own clothing and we know that those clothes were later returned to Aisha who went through those clothing that clothing that bag of clothing actually ended up being two bags of clothing when they returned she went through that clothing to try and identify what articles of clothing were missing and there wasn't any missing if reasia had been dressed in her own little clothes and Aisha did that inventory she could say law enforcement these articles of clothing didn't come back but Brie Asia is dressed in this white large t-shirt and her little black shorts in her little sports bra so and Andrea Culberson again are absolutely consistent on what happened riasia goes to bed first Andrea lays down on that air mattress in the living room where she and Mr Dinkins were to sleep she goes down sometime around 11 o'clock she hears Mr Jenkins say to DL you got till a little after 12 to finish playing that video game and you're going down to bed DL indicates that his father is the third to go to sleep and then he is the fourth individual to go to sleep DL and Andrea both describe DL sleeping at the foot of the bed and riasia is up toward the top of the bed now why do I even focus on that detail because again we're looking at an eight-year-old child who is providing information about activities and everything that that child describes is a complete agreement with what is described by the adult and that apartment complex all right so then the question very simply is this what happened after everyone went to sleep we know definitively what happened in that apartment at three o'clock we know that Andrea woke up to go to the bathroom she noted Henry Dinkins wasn't there she walks into the bedroom she doesn't have her glasses on but Aisha I'm sorry free Asia is not up there on the right side of the bed DL is still down at the base of the bed asleep Andrea goes to the bathroom thinks let me get my glasses on to make sure that I'm seeing what I'm seeing she puts her glasses on gracious not there she checks throughout the apartment creation is not there Andrea Culberson is very clear at no point in time did Mr Dinkins ever wake her up and indicate that he was going to be leaving that apartment with griation that there was a potential medical emergency that he had to take her to the hospital that um maybe the child was missing her mother and wanted to go home there were no Communications whatsoever Andrea Culver's son did not feel comfortable at all with her discovery now Andrea Culberson testified she'd been involved in a relationship with Mr dinkets for six years and she is not feeling comfortable at all he feels so uncomfortable she tells and her describes for the court in her testimony that she didn't even want to think about the possibilities of why Mr Dinkins was gone and why briation was gone but she's so unsettled rather than going to bed she chooses to sit up in the living room in the dark to wait for Mr dinkin's return she tried reaching out to contact him but found that his cell phone was there in the apartment she talked about it charging but then the question was also asked is Mr Jenkins the type of individual that goes around without his phone and she said no he's not recognizing that the phone was plugged into a charger this takes us to the photographs of the maroon Chevy Impala and the court has had the opportunity to observe photographs that has that white ox cord and another cord that could be used for charging cell phones but that phone is there in the apartment and the state asserts that that is significant why because cell phones are devices that document the location of where that phone has traveled to if an individual is abducting a child from an apartment complex the last thing that you want is that a digital device on your person to document locations that you are going because that provides leads to law enforcement and those leads then can be utilized to determine whether it occurred so the phone's there in the apartment Aisha Ledford gives us a very definitive time of 3 30. based on the clock on her desk she said she's sitting there in the dark Mr Deacons very quietly unlocks the door and very quietly comes up stairs into the apartment in such a way so as not to awake anyone Mr Dickens of course was not anticipating that Andrea Culberson would be up and would have discovered that both he and briasia were gone from the apartment now I'm going to step outside this conversation I want to take us to the time frame of 8 55 in the morning of the Jersey Meadow Apartment Complex when officer Berkel had responded to that location in Mr Dinkins conversations with officer Berkel he created the impression that he wasn't familiar with this apartment complex and didn't even live there and if the court will go back and reflect to the video footage that was collected from officer burkle's body worn camera officer Berkel had said you know I know this sounds strange but oftentimes when children come up missing if law enforcement goes in and we do a search we end up finding the children in closets or under the beds would you mind if I went into the apartment and conducted a search what was Mr dinka's response we've already searched the air the area officer Merkel persists so Henry Dinkins then goes over to apartment eight and rather than walking into that apartment where he clearly lives as described by Andrea Culberson and he even has a closet that contains only his clothing he knocks there at the door as if he would simply be a guest and he would have to wait for the Ten of that apartment to come down and answer the door Miss Culberson comes down the stairs officer brokel's right there at that front door he has the conversation with Mr Miss Culberson about being able to go in and search and explain you know he had lost his own children like a child the week before um she's very hesitant she looks out the door Mr Dickens isn't right there by Officer Burkle he's several feet down the sidewalk near the corner of the building this Culberson looks out and says is it okay with him as if she's got to get permission and Officer burkel says yes and then she says well the apartment's a mess the court have an opportunity to see the apartment quite honestly it wasn't a mess and then officer brokel goes up free Asia's not there but Henry Dinkins leaves the apartment complex and nobody can find him all right so let's go back into the equation of the discussion that we had Andrea makes it known to Mr Dinkins that she is awake and she knows he's gone and she knows briation is gone Mr Dickens is not responding in any way to give information to her about what is going on he goes into the bedroom to his closet and he digs in the closet the Court's been able to see the relationship of the bed to the closet on what would be the right side of that bed Andrea Culberson describes going to the window looking out onto the parking lot and there the maroon Chevy Impala is parked riasia is standing right next to the passenger side of that vehicle there's no just question in her mind that it's free Asia she talked about how she has very distinctive hair but also she talked about how the child had been dressed in this white big t-shirt of Mr Dinkins riyasha's there she can't see what Mr Dinkins is getting out of his closet but he puts it away in his clothing in such a way that she doesn't know what he's gotten out of the closet now to take the Court's attention back to testimony that she had offered here in court and also testimony that DL had offered here in court they both talked about how he had been wearing a black shirt I throw that out because that is consistent with what Jared Brink had testified to when he had the contact with that black male subject over there on Highway 61 and then when he drove him over to the area of 270th Avenue I also bring that up for this reason there was Much Ado being made about the fact that Mr Dinkins was wearing that white T-shirt a man's undershirt that had no sleeves on it when we see him going into the quick shop and leaving but then Mr Brink is describing the blackmail subject having on some type of black shirt the State wins to photographs taken of Articles removed from that vehicle what do we see we see an article of black clothing that had been taken out of the front passenger compartment we also see a box of clothing in the rear portion of that trunk to be able to pull an article of clothing out put it on take it off is something that's very easy to do but I bring that up because I think it's very important to mention before the state forgets that so then when Mr Dinkins goes down that staircase Andrea Culberson looks out the Impalas gone Mr dinka's gone and briation is gone she was asked specifically when she looked out and saw riasia there did you see any activity in the parking lot no any individuals around no those questions were asked because the assertion being from defense is that if Andrea did not see Mr Dinkins get into that Impala if Andrea did not see briasia get into that Impala then there's no evidence to show that briasia was with Henry Dinkins and the state absolutely disagrees with that that sequence of events and the observations of Andrea Culberson absolutely answers that question Mr Dinkins left Jersey Meadow apartment complex with breesia in the car and we know that free Asia is still alive at 3 30. but what has happened before 3 30. and before Andreas discovery that creation is missing deal gives us a perspective he talks about being asleep he talks about how he's kicked very hard by his sister there was a discussion about is this simply a sibling who's rolling around you know and maybe they touched no this was different this hurt and then D.L why he while he didn't recollect that during his testimony when he was interviewed on June 10th described noticing a sister missing hearing his father's voice picking out the bedroom and seeing his father go down those stairs with free Asia and talking with her about cars an interesting point that the child brings up when Aisha Lankford says that Mr Dickens only comes around when he gets a new car or he gets a new girlfriend so what's happened between or before 3 A.M so between the time that everybody's gone down to bed with deal being the last individual in that house to fall asleep what has happened between that time frame and three o'clock when Andrea makes a discovery now before I talk about this I want I've got a demonstrative exhibit that actually is a collection of still images that were a part of exhibits that the state has introduced but your honor just for purposes of perspective let's go back down and let's just discuss the area of Schmidt Road and Credit Island if we can we know that River Drive is our southernmost East West Street and we know that the area that we're going to be talking about where Mr Pinkett's RV is parked and credit Islands that's in an area of town that's more Industrial in nature and so during this time of night in the middle of the night there's not a lot of activity there okay so we know that credit island is on the south side of river drive we know that the southernmost point will be the Mississippi river that runs East and West along that area we know that um Schmidt road if you um come out of credit Island and you turn right or travel east Schmidt Road essentially is about 400 meters so the distance of one lap around the track and I think that that was a very good way of describing it so that the court would understand the I'm a closeness of both entry points so that the court will understand it takes very little time to travel from Schmidt roads to enter onto Credit Island now Schmidt road we know is a north-south street at the southernmost point this is where you turn onto River Drive it's not a very long street because then at its northern point it turns on Buckingham which is our East West Street and we know if we go further east it turns into second HyVee is our most western point on Rockingham that has video surveillance feed that gives us information about what happened after the trip to Clinton that morning then we know that Purina is a factory that is there at the corner of Rockingham and Schmidt Road it lies on the Eastern side of Rockingham and a Schmidt we know if you go from north to south on the east side we've got Purina we've got 743 Schmidt road that is that area where individuals can store their vehicles we know that that's where Mr dinkin's RV was stored and then we know then Jack's break in alignment is the southernmost building there we've got video surveillance equipment on Jack's breaking alignment and this is a constant feed so it never stops we know at Hyvee it's a constant feat we know what Purina it's a constant feat but then to the east of both 743 Schmidt and Jack's break in alignment we have Devon Self Storage we've got cameras affixed to this building but they're only motion activated all right so those are variables that we're working with and then we know over here on River Drive just to the west of credit Island if you come out of credit Island and you look across the street if you go down there and you ride your bike you know and you're familiar with the bike path down there there's the bait shop and then a couple houses over is Sarah Lowe's residence her video of surveillance equipment is a fixed to the front of the house and so then we know that in terms of the angle of that camera feed it shows us that entry point onto Credit Island so that sets our perspective there and we understand the relationship of the cameras and activity and how that activity would have been picked up all right let's go to the state's first demonstrative exhibit now as we read this your honor we're going to read from left to right at 2 13 A.M we see a vehicle and it's a sedan it's not a pickup it's not a van it's not an RV we see a passenger vehicle traveling north on that road let's stop and think about this so what would be the most direct route of travel down to River Drive if you leave that apartment complex you travel down 53rd heading west you get on I-74 heading south the exit on River Drive heading west and that will take you out to the area of Schmidt Road and um so it makes sense that that vehicle is heading north because it's turned from River Drive heading north that is at 2 13 a.m I would ask the court to pay attention to the shape of what we see the outline or the Contours of this particular vehicle because when you stop and consider those Contours in the shape and you look at what we've seen about that vehicle when we've seen it during the daylight hours and how it seems like it just kind of slopes down a little bit toward the front and maybe there's a bit of an elevation toward the rear this is exactly consistent with that so that vehicle is heading north at 2 13 a.m now at deaf and Self Storage we see Mr deakin's RV right here and we see a vehicle departing the lot at 229. so between 213 and 229 we're talking about a time frame of 16 minutes roughly okay then we go down and we see that vehicle South on Schmidt Road and look at the shape of the vehicle it is similar that's up to 2 3. then the vehicle turns around at 231 going back North so something is happening that makes that vehicle turn around within a time frame of a minute so at 231 it's going back North on Schmidt road then we have the camera at Devon Self Storage motion activated and we can see the vehicle now leaving the area of Mr Jenkins motorhome at 249. this particular video feed about when the court had the ability to observe it up on the screen we got a better perspective of what type of vehicle was leaving that lot and it was consistent with a passenger vehicle so 249 it's leaving then we've got it south on Schmidt Road at 250. so between 231 and 249 we're talking about 18 minutes 18 minutes back in that area plus an additional 16 minutes so what's that giving us that's giving us 34 minutes what is going on in this RV over the course of 34 minutes the court knows that this particular RV is not equipped for anybody to live there there was no food in the refrigerator there is no way to hook that RV up to water or anything at all there certainly were personal items that were being distorted stored there there's a bet there that has vetting on it there's clothing and shoes and things like that and this is a location that is attributable to being Mr Dinkins RV but then when it leaves South on Schmidt Road it goes on to Credit Island entering Private Island at 251 and then leaving Credit Island at 2 53. all right that was a topic of discussion that came up with Detective Obert and what was going on in this area of town and I would ask the court to draw on its own recollection about how they were focusing on any type of cell activity to determine whether or not there was activity in that area with other individuals and there was so there's two photographs that I want to point out to the court the top photograph is the perspective of the camera angle when law enforcement got in with a search warrant where we can see that bet and then right there on a wooden box we have a cleaning product and as the court can see that cleaning product has bleach within it this trial has spoken very extensively about the import of bleach bleach destroys DNA the state finds it very significant that you've got a cleaning product right there by that bed and the state finds it very significant that relative to all of the Articles of evidence that were sent to the um FBI laboratory in Quantico or even the DCI laboratory no DNA on anything it was actually clean um isn't that what we would expect to find if an individual has the knowledge base to recognize the import of bleach and its ability to kill DNA and we have that there but we also have that as a product that Mr Jenkins has purchased a little after 7 A.M in Clinton the state also points out this machete that was above the microwave if the court looks very closely at those photographs one of the things that the child talked about is how his father had wiped that machete down with a rag the court can see the fibers within this machete we had our analysts come in from Quantico who testified to that and she did indicate Linder otterstatter I believe it was she did indicate that there were fibers within that it didn't match a white and pink and I think purple striped cloth that was in the console the Impala and it didn't match that white washcloth that went back with the children's clothing but through the testimony we know that there was a white washcloth at Andrea's that had been used to clean operation's feet because they'd gotten muddy all right and so it didn't match but the point being the child had described it being wiped down and he talked about there being bleached now moving beyond that so this is all the activity that's happened even before Mr Beacon returns to apartment eight this happens here speaks to what Mr dinkin's intent was for him to take that 10 year old child from this apartment in the middle of the night and take her over to this area Uptown to an RV speaks to his intent and the state asserts when you consider these circumstances and you consider the purchase of bleach and the use of bleach this child was sexually assaulted in this area but then it became very clear to Mr Jenkins that there was going to be no way for him to control this child and so therefore it forced him to take further action which was the murdering of Raja Trail and so his returning to the apartment complex at 3 30. the item that um he got the state of services ago now let's go ahead let's talk about the sequence of events from 3 A.M to 3 45 a.m which really speak to the issue of his intent his premeditation and the fact that he was going to deliberately and willfully murder this child after 3 30 A.M and 3 30 a.m is measured by the clock in Andrea's apartment we know that he went to the quick shop um on 53rd Street the counters are two minutes off so we see based on its date of 7 10 2020 that empowers entering at 3 30 it's actually 3 30 to 2 A.M in the morning we see Mr Nathan's pull up to the gas pump as the court can see the dark tint on those windows precludes anyone from being able to look into the vehicle to see what was going on but when he gets out of the car and he walks into the store he's got that lanyard with his keys on him he goes into the store he makes the purchases one of the things that is noted through testimony is the number of times that he kept looking out to that car now if you pull up to a gas pump in the middle of the night you know when you have concerns about someone you know potentially getting in your car and stealing it leaving it well there's two ways to deal with that you lock it and in this particular case we know that Mr Dickens didn't leave his keys in the car because we've got that lanyard with them and those keys he's gone in he looks out the car it's very clear that he's very interested in that vehicle and then when he goes to the pump he gets in the car after he starts pumping gas and he gets out after it's concluded why did Mr Jenkins needs to fill up with a full tank of gas the receipt was introduced he purchased 34 dollars worth of gas what's a very important point to discuss here at this juncture is the fact that he presented a hundred dollar bill and then he got a 40 some dollars back I'm not quite sure what that figure is I bring that up because then we need to go full circle back to his interview with Detective Obert when he was asked by detective Ober what his activities consisted during the middle of the night of July 10th he acknowledged that he left the apartment three times so would have left and came back he said that he went over to Vince Howard's house knocked on the door nobody was there he came back then he indicated that he wasn't sure it wouldn't give us a time frame but he was out of money he only had a couple of dollars and he may have gone over to his RV to get some money clearly he didn't need money because he was able to present a hundred dollar bill there at the quick shop and he still had 40 some dollars after he made the purchases in addition to the gas and then he was able to make the purchase there at the Walmart in Clinton after 7 A.M of over eight dollars but then I would also note that even when um Jared rink pulled him out he was offering him a hundred dollars so that's very relevant because it goes to the issue of credibility the other issue I think that really Falls within the context of this discussion is the fact that Mr Dinkins will never ever provide a timeline for anything that he did he's given Google Maps to draw locations where he said that he has gone bearing in mind his first telephone call to Aisha Langford was this I just woke up and riasia is gone we know that the text came in at 808 a.m Aisha was at work she just checked in she returns the call and then we've got a series of calls after that where his first representation is I just woke up and briation is gone that certainly is not in accord with what all of the other Witnesses have testified to at any rate we know he leaves at 3 38 a.m and then a particular import is mile marker one 24 at 3 44 and again at 3 45 when detective overt looked at the video surveillance feed from the dot it showed a sedan passing now we can't see what it is but those variables are very important particularly when we go to what happened with Jared Brink and then we throw those time variables into the time variable of what was determined up in the area foreign what definitively ties Mr Jenkins for the area of Kunal Implement during the early morning hours of July 10th wherever Asia rajes remains were located the court has heard deposition testimony and then the court had the opportunity to watch the video I'm a surveillance or not the video surveillance the interview of Jaren Point Jared Brie we know lives somewhere further north and to the east acunao implement we know that Jared Brinks works at Linwood mining here in Scott County so essentially what he's got to do is he's got to travel from Clinton County the most direct route would quite honestly be I-80 down along the 280 to get off in the area of River Drive so that she could go to Buffalo where Lynnwood mine was at he describes his morning routine he gets up he gets dressed he gets his cup of coffee he gets on the road and he heads out Mr Brink had indicated that when he was on Highway 61 and this is where we have a plot pointed he was traveling south and a black male weighed him down who was standing along the side of the road this black male subject he described as wearing a dark shirt interestingly enough he describes a black male as being more muscular but when he saw the bat image of Mr Dinkins leaving the quick shop he only had on that t-shirt that completely exposed his arms and showed a form-fitting t-shirt on his body he indicated that this individual was more muscular in terms of what he could see he described him wearing a black hat which is exactly what DL described and in his interview about how I do and how he had a cap on he described this individual as having jewelry on that's exactly what D.L described his father wearing when we got to see his interviews yesterday but even more importantly he described the subject wearing a white denim type of short that had some type of screen imprint on it and he remembers there being blue and when he was shown the rear image of Mr Dinkins leaving the quick shop he said those are the shorts Jared Rick also described this black male subject as having a mole on the right side of his nose and the court had the opportunity to see the press release the Davenport Police Department had prepared and had put out and sure enough what do we have we have Mr Dinkins with that no no right beside his nose at any rate he stopped there they go over to the area of 270th Avenue and the vehicle is perpendicular across 270th Avenue as if it tried doing a three-point turn but the rear wheels went off the shoulder which the court knows is a steep incline to the west and it got stuck and so he had to pull the vehicle out the vehicle that he describes is a maroon Chevy Impala he describes the interior as being tanned he thought it was leather but at any rate he also described it being clean and there being that white ox cord that's an exact match to what we have in this particular case your honor everything described matched matched Henry Dinkins 280 and then we know based on his cell phone pinging and then I'm going to have to have the court look up there because I can't tell maybe you can see it on the screen but I think his phone Mr Brink's cell phone is hitting off that cell phone tower in the area of Kunal Implement directionally toward the area of kunau implement at 4 27 a.m in the morning so we've got the cell phone hitting there we've got the area that is shown number one up here where that contact occurred on Highway 61 when we go to the map of 270th Avenue where the vehicle was perpendicular across the road that's the location that Mr Brink had noted when he was shown those maps by detective Sean Johnson and then you take that and you overlay it with the locations that special agent MacMillan had collected soil samples from after gracious body was recovered and the GPS coordinates we know of the tin soil samples three of those were inclusive of soil samples on Mr Dinkins vehicle there were a total of four soil samples taken from the undercarriage three toward the rear those were matches one toward the driver's side toward the front of the vehicle which is not a matching that is conclusive then we go back to the Impala and let's talk about the Impala the minister Dinkins presented himself to the Davenport Police Department there's any number of areas that you could park right there in front of the department and walk in when he was being interviewed by detective Obert he initially presents himself as having been dropped off and that his vehicle was mobile and that a friend had it that didn't want to give any information about who that friend was then detective Obert discerned that maybe he might have some issues with his life license and that might be why he's reluctant he says I'm not concerned about that at all you know the whole thing is about finding briasia and Mr D can still is not willing to give information about where that vehicle is at by virtue of the bolo that went out Patrol officers received that information over their mdts officer pojar read that ambolo and happened to observe the maroon Chevy Impala parked a block down and to the north there on Main and then the vehicle is seized and brought to the Davenport Police Department Jill Foster took photographs of that vehicle and this was a topic of conversation that Miss um Foster had talked about when we went around the vehicle there were areas on the vehicle to show that there was the spray of Muddy dirt on the vehicle and you see it along the passenger side here in those areas the other thing that's interesting about this and the state's going to bring this back full circle not only do we have soil around that vehicle that's consistent with it being up in this area but then the other thing is that child had described how they've been a machete in the trunk that sergeant pifer had talked about when they started to remove the remains from briation skeleton or remove the branches from reasia skeletal remains he noted that it looked like a knife had been used to cut branches to lay over the top of her body and so the state throws that in there because that debt is another connection to this area up here in the area of Kunal emblem as for additional identifiers [Music] foreign picked out a white Ops cord that's exactly what was inside that vehicle when it was seized Mr brief when shown these photographs or this photograph of Mr Dinkins leaving the Kwik Shop it's an exact match and of course we've got the maroon Chevy Impala that he described being shown by Joseph Adams after his wife had sent him the image and picked out the room Chevy Impala and then we see the photograph of Mr Jenkins there with the mall on the right side of his face this takes us to the last portion of the center and the conduct of Mr stinkin speaks about values up volumes about his involvement in the murder of riasia we know sometime after Sunrise Alma according to detective hamas's testimony when she was doing the interview she'd asked um you know sell your device um what time the sun arose and I think it was like maybe at about 5 38 on June 10th or July 10th um we know that Mr Dinkins returned to the apartment sometime during the early morning hours um sometime after Sunrise Andrea Culbertson wasn't able to give us that time but then we know that when he came up he got deal he left he gathered up the children's clothing which is very interesting and then he goes to lead without his phone Andrea Culberson insists that he takes his phone so he takes it leaves with the child she discovers that there's another bag with the children's clothing she calls him he comes back we see his movement through the video surveillance on the feeds we see that vehicle going past the quick start on 53rd and this is before the six o'clock hour we see it going east on Eastern by virtue of the camera at Judson court that faces out onto Easter is cellular data um that was provided to us through special agent veteran we know that he traveled East on Eastern back or north on Eastern I'm sorry your honor back east on Veterans Memorial that South on Jersey Ridge back to the apartment complex which is consistent with him picking up the clothes and then leaving then he goes back North on Jersey and then we've got him at mile marker 124. I will ask the court to rely on its own recollection but I think that that was about 6 11 A.M we know then that he went to the Walmart in Clinton where he purchased the Clorox because D.L tells us that his father had his cell phone and the cup holder and the battery had been removed and when his father went into the store and we know he entered at 704 am that he took the battery put it in to play a video game when he saw his father coming out he removed it so he wouldn't get us get in trouble it was that event that allowed us to develop what happened out in Clinton we know then by virtue of the canvassing and looking for video feed we saw him coming past Posh Farms past First State Central Bank going into Walmart we saw the video feed at Walmart we see him going back past for Central State Bank Posh farms and then back along mile marker 124. we know we purchased Clorox DL described how his father went to two wooded areas um and the one-worded area that he described he described as there being woods and then there was a road down and you could see a pond that's coonow Implement he described his father getting out of the car and he described his father um having a knife and having wiped it off and he knew it was Clorox because he could smell the odor of Clorox when we travel times if you drove past mile marker 124 and Grant the speed limit it would only take you 22 minutes to get on Highway 30 and go past Posh Farms on the trip out it was 32 minutes on the trip back it was 37 minutes 15 more minutes on the trip back and what do we have when briations remains are recovered we've got those clothing articles that are recovered the shorts the t-shirt and the little bra the court had the ability to see those articles of clothing as they were pulled out by Sergeant pifer then the court had the ability to be able to see photographs but most importantly the photograph that came from the State medical examiner's office when you look at those black shorts and this is what sergeant pifer had talked about there was discoloration in the fabric and we could very clearly see it based on what the lighting conditions were when that photograph was taken at the State medical examiner's office and you can see that discoloration very significant if you have a child who has been sexually assaulted you have the perpetrator's DNA that's present on that child's body bleach will kill that DNA Grimace de Ponsky had testified that they had made a judgment call about how they were going to proceed as it relates to the articles of clothing to see if there was bleach so they noted discoloration on that white T-shirt they took cuttings and recognizing that we've got variables that are working against us creation has been out in the elements for a significant period of time her body has decomposed the clothing has been out there in the Sun the wind the rain the snow all of that compromises DNA but when he went through the series of tests for those cuttings he noted that Clorox has four specific elements those four elements were noted when the analysis was made of those cuttings that he described how he used water to try and pull things out of that fabric to do a pH test with Clorox being basic at 10. this came in at a seven but he said bear in mind water will dilute the pH and then Clorox in a color test will test a dark blue this came back as a light blue but bearing in mind liquid will dilute the color he couldn't make a conclusive determination but the findings are very significant when you combine it with everything else that had happened and the defendant's activities and purchasing bleach and that tells us everything about what was occurring occurring Mr Dinkins is very savvy he knew exactly what it is that he needed to do to destroy the evidence and steps were taken to do that and that is conclusively shown by lab report after lab report after lab report that ended up with negative findings the only thing he couldn't control was the issue of the soil samples underneath his vehicle that ties his vehicles to that area I think as far as the last points that I would make and I'm just thinking about different testimony that was offered I think at this juncture really what it comes down to is this what caused Creations death we heard testimony that she was shot through her left mandible get traveled through her C3 and C4 out the back of her neck and got caught in her little hair she was shot twice from front on the right side of her body and that's where we see the damage from the bullets in the scapula and Dr Cruz when asked to opine as to the cause of death and manner of death indicated that she died of gunshot wounds and the manner of death was homicide and then the final piece of the puzzle comes into play relative to those casings I shouldn't say casings those bullets that were found with gracious body hummus there were three there was damage to some however when Mike Tate I believe talked about this I get my take Mike Schmidt mixed up he talked about how he goes through the process of weighing that ammunition to get a sense of the caliber and it was 38 caliber ammunition that gun that was recovered from the pond there were empty casings within that revolver it was 38 caliber ammunition while there was damage to the bullets there were markings on those bullets that could be compared to the types of markings that would be generated from the lacier command um and when you stop and consider the manufacturing process and the types of markings that it leaves it was consistent with that and when Mike Tate ran the types of guns that would could be used to fire this type of ammunition the Lesser Camanche was on that list your honor when you go through this entire sequence of events um While most of the evidence is circumstantial and we do have some direct evidence the evidence is in this case is overwhelming and the conclusions are clear the child was taken from that apartment by a man who was not a father she was taken so that the adult nor her brother would know she was sexually assaulted and then that child was murdered and based on all of this the state is asking you to find Mr Dinkins guilty of murder in the first degree and kidnapping the first degree thank you we'll take our mid-morning break at this time we'll be convene in approximately 15 minutes [Music] foreign is that to be very careful who you point the finger at when you point the finger at someone three more are always pointing right back at you and nowhere in my career have I seen a case where the finger of accusation being pointed at a client has three more appointed back at the prosecution more strongly and more firmly than this one right here I'm going to submit to you just very plainly that this case is being thrown in your lap because the prosecution doesn't trust you they don't trust you to convict Mr Dickens on this evidentiary record I want you to decide this case on emotion I want you to decide the case with cameras and media in the courtroom all the officers sitting here they want you to decide the case based upon that rather than this fairy tale they've spun and this circumstantial and I use that in quotes evidence case that they want you to believe rhetorically I want to look you in the eye I want to ask you a couple of questions are you totally convinced that Henry Dinkins committed these crimes are you firmly and fully satisfied that the evidence that's been presented before you is enough to say that Henry Dinkins committed these crimes those are really the burning questions for you because that's what Reasonable Doubt comes down to you know our Supreme Court has approved the jury instruction that says based upon all the evidence drawing all the inferences from the evidence or in some cases lack of evidence produced would a reasonable person hesitate to act and I would submit to you that if someone come up to you and said did Henry Dickens commit murder in the first degree did Henry Dickens commit kidnapping in the first degree would you immediately say yes or would you have to stop and think there's no way on this evidentiary record that you would not have to stop and think because there simply is no evidence to support the state's theory that this man committed these crimes you simply cannot say based upon what has been presented here that Henry Dinkins set apart set out on a plan to sexually assault this ten-year-old girl and then decide to execute her because that's what it was it was an execution any reasonable person would hesitate to act on this record a person may have an opinion I think the state has an opinion I think the state feels they got it right into State thinks that Henry Dinkins did this but that's not the standard standard is did the state prove it Beyond A Reasonable Doubt this is not a whodunit just not of who done it this is who proved it I find it ironic that we're talking about Henry Dinkins committing sexual abuse upon riesia Terrell but we're not here talking about him being charged with sexual abuse upon Bridge of Terrell I find that very ironic and so should you I find it ironic that there's not one piece of physical evidence that can say ever that Henry Dinkins touched this girl in any way let alone even give her an untoward glance or make it off color comment or tell her she looks nice even give her a compliment about her appearance none of that what we have is what this court is being asked to believe is by fact that he wasn't paying attention to his biological son therefore he must be some Insidious intent toward a non-biological child with whom he had a relationship because he spent more time in the bedroom watching her play a video game and playing a video game with her and with Andrea Culberson that got the wheels turning and that got the libido moving and there's absolutely no evidence of that Andrea Culberson didn't give you any indication that Henry Dinkins was acting untoward toward Raja Darrell Terrell in fact the evidence you've heard is quite the contrary the evidence you heard from D.L we'll talk a lot about DL down the road but from Andrea Culberson was that everyone was happy that night it was a good night you heard it from Aisha Langford as well that when free Asia come down to get her clothes she was happy she was learning how to be an A T operator it was a good night Henry cooked dinner that evening for the kids they cooked her for Aisha as well even though she's a stepchild Aisha like going over there because she liked the snacks was Henry I'm sorry Gracia because you like the snacks that was Henry Jenkins set about grooming this little girl with vanilla Oreos I don't think so okay that's a theory that the state may have that speaks volumes as to what this case is it's a case built upon conjecture it's a bait a case built upon supposition it's a case built upon assumption as a case built upon hypothesis I think you heard detective over and say it's the theory that's in the record it's the theory we don't convect people on theories we convict people on evidence Beyond A Reasonable Doubt and that's just not here the special question of course and the state admits us when it went into the a sexual assault discussion right off the bat is why what motive did Henry Dinkins have to hurt this little girl none absolutely not in her 10 years of life he had only been good to that girl was he there every day of her life no was he there to provide and be the perfect Father Figure no but we're not judging him as a father we're not judging him as a stepfather there enough for her to have a relationship with him he was there enough for her to feel comfortable going there and most importantly he was there enough that Grandma Danita Gardner felt comfortable sending her along I would submit that Danita Gardner would not have sent her child her grandchild along she felt any inkling that this child was in danger that Henry Dinkins would somehow sexually harm that child that's common sense in this case and in fact you heard Henry's or testimony that Henry first said no I'm going to spend the weekend with D.L and then D.L kept saying Come on Brie Asia command bridge and finally you can see DL doing that he's kind of a hyper rambunctious kid free Asia relented and Grandma relented as well the plan if there ever was one was at that point for Brie Asia to come along this man had not seen DL in over a month since the cookout and so it was never discussed for free Asian come over so to think that he had some sort of preconceived notion that he didn't bring Asia were going to engage in some sort of illicit activity just isn't there either um Aisha Langford was informed that radiation was over there machine was fine too both Danita Gardner and Aisha Langford testified that relationships between Brie Asia and uh Henry were good and neither one had a problem with with courageous spending the night even though it was the first night at this new location so the crime just has to make sense and the state knows this this state knows this I mean they absolutely know this so they try to spin this yarn that he's standing in a bedroom in this very small apartment and um DL so he Peaks a couple times and sees dad spending more time with briasia we're going to rely on that as a motive a motive to commit a sex act sexually abused this child I'd say not and there has to be some connection to that and why he would want her dead and the state has tried to put together this elaborate time frame with evidence that they say could be Henry Dinkins to say that he actually sexually abused her now Ms Cunningham called Henry very Savvy I disagree with that I disagree with that Holy I mean look at this man right here he is not a Savvy individual in that regard if you think about and compressed us down to almost the most ridiculous time frame that we have everybody in that apartment was as far as the children and Miss Culberson at least is asleep by midnight um Mr Dinkins was in the Davenport Police Department by noon the next day that's a 12-hour window 12-hour window for him to accomplish a lot of things that just doesn't make sense those 12 hours include waking up brie Asia who's a tattletale who joins him voluntarily and evidently the theory is that some Sudan they can't identify that car as Mr Dinkins first of all it's just a sedan goes down to his RV and these people get out of the car down to the RV they can't put them in the RV it's in the area of the RV Henry rapes her and then evidently goes back again to probably cover up the crime comes back and you know he's at the home at 3 30 A.M at 3 30 a.m he's in the house and Bridge is seen by Miss Culberson outside the Impala I think it Bears noting that no one ever put briasia inside that Impala no one didn't even try there wasn't even an effort to put her in that Impala it was the assumption that she was in the Impala at 3 30 then we assume that these two take off he drives her up to the area of crew now Implement 20 30 minutes kills her somehow takes uh the time to shoot her three times and we'll talk about the shooting somewhat cover it up and get back to Jersey Meadows around 5 30ish and pick up his son he and his son go back to you Clinton seven o'clock there at the Walmart in Clinton they take their time coming back if you believe dl's version of the advantages covering it up with bleach out there and they're back in town by eight o'clock and eight o'clock to 12 o'clock there's phone calls being made he's supposedly moving about Clinton but in this time also he's discarding clothes he's showering and scrubbing himself up making sure all possible crime scenes are sprayed with bleach and and doing it 100 successfully so not only has he got the mindset to be able to do all this but he's doing it to an absolute t there's absolutely nothing left behind they want to talk a lot about bleach and how bleach destroys DNA but they also have to get you to assume and understand that not only if if their theory is right that Mr Dinkins not only did it but he did it to the point that he destroyed any possibility of DNA at any crime location on any piece of evidence because what they forget to tell you your honor is that they brought in the FBI crime team okay they didn't bring in just local people with local resources they brought in the FBI crime team and they spent hours combing that RV okay and in that RV they took everything that they thought there would be DNA on they took anything they felt their blood on anything they thought would be semen on they vacuumed their little special vacuums to talk would get any trace evidence on they took hair for crying out loud these people were dressed in uh Tyvek suits rubber rubber boots hats that's how seriously they took preservation of evidence and what do we know they found in the RV nothing they were asked to test for blood and semen because from jump this case was thought to be Henry Dinkins raped this little girl and that was their Theory and that's what they were going with the very first moment that man went to the police station that was their Theory can't convince me otherwise your honored because they were testing for blood and semen on July 14th why why was they only tested for that why won't they want all DNA to see maybe who else had been in there blood and semen their their choice at that point was to make a case against Henry Dinkins not build a case based upon the evidence you see they had already concluded that Henry Dinkins had done this and now we're going to build the evidence around that conclusion and pick only the evidence that surrounds that conclusion but nothing in that RV now had she been raped in that RV they would have found something I would submit that to you a hair some sort of DNA but they didn't test for DNA and that's not his fault it's their burden it's their burden and they had that evidence back within a month or so and they had no blood they had no semen and they had no trace evidence and they had a good year and a half to say you know what let's send that back to the FBI ask the FBI to test it or send it on the DCI they can do DNA testing on any cuttings or swabs or Fabric or whatever but what was the answer we got when I asked that of detective pifer my supervisor said no my supervisor said no not his fault their fault their burden they say they say that she was assaulted in that RV they need to prove she was assaulted in that RV not to say well there was cleaner bleach sitting there so he must have cleaned it up okay we now know we have a test for Bleach TCI we heard agent stepansky okay let's have ages to pansky tested for Bleach there's no elements breaking down anything in the RV we have it in a controlled environment for Christ's sake Let's test that area for Bleach but then if it hadn't come back with the answer they wanted they'd pivot off that and say well you know there's bleach and laundry plot products we wouldn't have found it there anyway but note when they search that vehicle on July 10 when they went into that vehicle hours after this young girl had supposedly been sexually assaulted hours after this man supposedly sprayed it all down with cleaner bleach and killed all the DNA and got rid of any evidence no odor of bleach was detected and when you when you're going to kill DNA your honor I would submit that when you're going to kill DNA you don't give it just a couple squirts you make sure it's dead you make sure it's gone and in that enclosed environment that small enclosed environment you're going to smell bleach but then they introduce these these Albatross pieces of evidence meant to scare you meant to to Prejudice you like the machete which has nothing to do with anything in this case there's no evidence that machete was used in any crime there was no short force trauma to bridge a Terrell and Dr Graham Dr cruzbo said that there could have been maybe should have been is that large knife was used to harm the Asia Terrell and look at that evidence look at it closely that that machete is brand new not a Nick on the blade the home the edge of that blade is just like you bought it at the store there's not so much as as anything that would say that was used uh to cut a bush is brand new but we have white fibers on there and we tested it against some other fibers and it didn't match but we'll forget about that and oh we have a baseball bat I'm going to ask you rhetorically again what does a baseball bat have to do with anything it's in the evidence and we found it in the trunk and baseball bats can be scary in crime cases but there's no evidence to support what the baseball bat has to do with anything well it's a prejudicial piece of evidence it makes Harry Henry look scary and then the hatchet well the hatching you look at that as well brand new brand new never been used ever been used has nothing to do with anything in this case you uh think back to the testimony of of Danita Gardner she was asked by the state about how Henry was with the children and how he disciplined if he ever disciplined a Brie Asia the answer was no in fact his discipline with D.L was was not very often but when he did he made him run he wasn't the guy that got physical with the children at the cookout he brought stuff for the children brought him candy things like that he was an affectionate guy no markers that he was trying to groom be Asia for anything they want you to believe that he was he was that night in the bedroom playing video games and this idea popped in his head well I'm going to molest this girl who I've who I think of as my daughter and now the state wants you to say well because he didn't do one two three four five rationally during a time where I would submit to you things were irrational child is missing your your Sons mother's other child is missing you may not think exactly the way that you would think in rational circumstances so they're going to put judgment on that they're going to put judgment on that they're going to judge him as a stepfather and say well that makes him a killer that makes him a sexual abuser bottom line is the state developed their Theory way too early in this case and that theory was Henry Dinkins killed this girl Henry Dickens molested this girl so now let's go find the evidence to find it and the problem is they couldn't find it they had all the evidence to possibly put her in that Impala but they didn't test for the DNA to put her in the Impala because the FBI was told she was in the Impala and when it came back that we didn't test her DNA in the Impala then the brass at the Davenport PD said don't test for it why on Earth was that not done I'm gonna have Mr Waters also show a couple of photos right here and I'll have them state for me which they are which one is this Jewel it's 12 that's 17. picture 12-17 this is a photo that come from the rear passenger side of the Impala what I want the court to see there is you'll see one two three water bottles you'll see a can of Pringles you'll see a cup a black cup there what do people do with water bottles and cups and Pringles they eat the Pringles they drink the water bottles they sip out of the cup what do people do when they drink out of water bottles drink out of cups and eat Pringles they live they live DNA behind those weren't seized or handled for DNA either all of which could have put Bridge of Terrell in that Impala none of which would have prove she'd been sexually assaulted all could have put her in that Impala that night but that was ignored again shows the theory that they were looking through tunnel vision and had their decision made he sexually assaulted her and that's why she's dead we just got to find her and we'll build our case around that Mr water show the other one sorry this is 12-24 and this is from the rear driver door and what you see there again another water bottle another Diet Mountain Dew bottle and even see what appears to be a kid's mask um now again those were drank by someone mask was worn by someone those are some things we can get DNA off of your owner none of those prove sexual assault you aren't going to find any blood or semen on those I know that you know that but again those are items were we commonly find DNA they weren't tested because their mind made up that she was in that car she had raped her and he'd find blood but again they had the opportunity they had the evidence for a year year and a half and they just chose not to because the bosses said don't worry about it when you when you think about it you can take those off when you think about the uh stage argument um they talked about how Henry portrayed himself as a father figure at the beginning of the interview and uh toward the end of the interview the issues between he and Aisha kind of came out that there was maybe a little antagonistic I don't know how that can be considered proof that he killed or raped anybody um any relationship between people especially who aren't together anymore I'm just going to have that you can be a father figure to someone and not get along with Mom all the time I mean this court is very experienced and things like that um but she said that Henry tried to pers show the outward perception that Miss Langford and Miss Gardner had a sense of trust about about him and that he would never do anything to hurt the child that's not a perception that's a fact those kids wouldn't have been there had those those two individuals thought that Henry would never do anything to her child but since the interview got tense later on something changed some of those perceptions must have changed and that's just not true that's not just not true the evening went well it was July 9th was a good time for all those people and there was no need for anyone to concern or worry and even Aisha said it went well and she was there later that night the the death of the Asia we need to talk about about that um because it was a it was an execution it was a terrible death okay I don't think there's any doubt that she likely was shot right where she was found um and think about the person that pulled the trigger I would submit to you the person that pulled that trigger was very close to that 10 year old girl and he pulled that trigger one two three times on a 10 year old child that takes a special kind of person to do that that's not him so for that kind of person into the theory that the government wants you to understand that okay we're playing video games they made DL mad at least the point where he noticed it he has this idea that now I'm going to molest this girl and I did it according to the state and I take her back home according to the state she gets out of the car and she's a tattletale and all and she waits she waits outside the car if you believe the state right situation Henry supposedly go get go in and get a gun which we heard no evidence of anyone ever seeing him with a gun ever seeing him with the ammunition and I don't think the evidence came in that he was hiding something Andrew Culbertson said she just couldn't see him with anything there's a difference and that she waited for him to come back you know I think the government argued that he knew that she was going to tattletail on the fact that he had just molested her so he went in and got this six shooter that no one knew anything about never seen before with no additional ammunition anywhere and I submit to you that's pretty telling because where you see a gun you see ammunition the likelihood of someone having a six shooter with no additional ammunition anywhere is zero where you have a gun you have ammunition you saw that Andrew culbertson's gun she had 50 rounds right with her gun you don't just carry around a cylinder full of Winchester 38 plus peas there would be 10 12 bullets even if they were loose there's always extra so how did he know that Brie Asia was going to tell on him you have to assume she said so he would think she'd be distraught you think she'd be upset but instead she stands outside the car according to Andrea Culberson if you believe the state's Theory she waited as she got back in the car with Mr Dinkins and then he goes to Quick Shop and he goes in and gives seven glances seven glances out to his to his car at 3 30 in the morning I'm not sure that's such a big deal but if that's your evidence he's going to rely on to convict this man that's a stretch your honor that's a big stretch and he takes his keys with them at 3 30 in the morning I would submit he should and he filled up his tank with gas well he needed a full tank of gas to go to Clinton people fill their tanks all the time when they need gas the fact that he's filling it up to go to Clinton is another speculation that's not circumstantial evidence that's speculation the seven nods out to the uh the car that's not circumstantial evidence that's speculation they're guessing on what he's doing that's all they're they want to call it circumstantial but it's all Theory it's all guesswork it's all speculation and this tattletale who you would assume has just been through a very traumatic terrible experience according to the state stays in the car doesn't tattletail to anybody else there's people in that parking lot people going in and out of Quick Stop Shop um she's a good mama she has a good grandma I'm sure she was told about stuff like this if she's in that car no evidence she was bound no evidence she was restrained the video of the car the car just sits dead still right there nothing going on so evidently she rides along they go up to crew now implement and then he takes her down in the woods this girl he's fond of at least and he walks her into the woods and then essentially that from a very close range this man has it in him to stick 338 slugs in her head and chest and leave her there and then have the time or whatever to try to cover it up this is all this is all thought about by him so he's already covered up the sexual assault so now he's now he's killed her if he's executed her now he's got to cover that up I mean this man is the best cover-up artist should be on TV but now he's done that now he's done that if you follow the state's Theory and then he decides to walk over and dump the gun in the in the water get rid of the gun now they talk about time frames and time frames they can be fickle you know people drive different speeds people stop along the way whatever that time frames proved very little without something to put to put with them so they used to try to use Jared Brink okay and don't get tripped up by Jared Brink do not get tripped up by Jared brain I'll let Mr Waters use a pointer and point to the first picture up in the upper right this is the the information of Jared Brink in the first picture way up right that was the pictures of the vehicles and the photos of Mr Dinkins that were shown to Jared Brink now I will direct you to his deposition testimony and his interview your honor Mr Brink told officers that he could not pick Mr Dinkins out of a six-person lineup he did say that one of those on the top I believe is the upper right hand corner maybe the one in the middle could have been the driver of the car if he gained 50 more pounds okay he also in his deposition testimony under oath under oath used the term Malibu that he pulled out not Impala he says Malibu okay remember he's Car Guy they kept saying he's a car guy he says he pulled out a Malibu he also says that there was the white aux cord right but he also said that car had had a a tan interior that's a tan interior I'm not sure it's a 10 interior the state which buttresses my argument that they found only the evidence they want to self-tower analysis on Mr Brink's phone now we know where Mr Brink lives we know where Mr Brink goes to work of course Mr Brink's phone would hit off a tower on July 10th because that's where that's the route he takes to work every day had we done Mr Brink's cell phone tower analysis for nine months you're gonna see that for nine months but again let's just do it for July 10th because that puts him as the man who pulled out this man from the ditch and it fits the timeline just perfectly just perfectly for us okay we start that conclusion let's get cell phone records for one day and Bam that fits our narrative but you know if we were collecting evidence about the case and being fair we would have thought let's get some from the spring in the fall as well because Jared Brinks said very clearly that it was cold that day he thought it was the fall I thought it was 40 or 50 degrees so uh let's not be fair about it let's just get the evidence we need so we can pin it on this guy that speaks in volumes to the investigation that was done here the other thing about the gun I think you need to think long and hard about is there was discussion about the gun it helped guns in crimes like to use many times are stolen the uh they're illegal serial numbers get ground off this gun was traced back to the point of origin and has never once been reported stolen that gun was legally purchased and legally owned by somebody legally purchased and legally owned by somebody and there's no connection to that gun to Henry Dinkins so Henry Dinkins if he did shoot that person did not steal a gun from anybody and the insurance sure as heck didn't buy it from anybody there'd be there'd be a red record of it all we know is that gun came from Iowa City that particular firearm was never ever reported stolen there'd be a record of that people have gun stolen people report them stolen I want to point the court out next to this soil sample testing that the state really relies on and I want the court to look very closely at the exhibit on that there's a couple of things about that that I think are important and very explanatory again that is another piece of evidence that fits the theory so let's point to those three areas of samples that were taken that are for inclusion okay don't get tripped up by that word inclusion it doesn't mean it's that it came from that area it just means that it cannot be eliminated okay it's those word tricks at the FBI Place remember the testimony of uh the individual who did the soil samples first of all the 10 samples came from a very small area the size of an automobile okay seven of those were absolutely not a match those are excluded so the size of an automobile seven don't match three are supported for inclusion that really doesn't tell us anything at all because it could be the same soil three out of ten I would submit you could probably find anywhere in the area but look closely at that we spent time talking about footprints that have nothing to do with anything we spent time talking about credit Island nothing to do with anything um we spent time with DL and DL is a a troubled young man but as it pertains to the state you cannot pick and choose those parts of his story that are consistent and say well he's consistent on one and two therefore we have to say our our investigation followed that he was also consistent on other things that are not helpful to them but he was wholly inconsistent on major facts come into court he's 11 years old and the state tries to say he's traumatized and this and that yet they offer no scientific no expert evidence to say that his testimony could be colored by that it could have had a psychologist here they could have had someone to testify that he has these memories recurring through post-traumatic stress or whatever he would have had they chose not to not his fault but he come in here and testified under oath that he saw his father shoot free Asia we know that's not true we he saw Andrea Culbertson go along and see his father's shoe riasia we know that's not true but all of a sudden we hear the story about pouring bleach in the ditch for the very first time three years later after the number of times he's been interrogated and interviewed that's very suspect he's very antagonistic toward his father he's being talked to by therapists and his mother he's going to say whatever he needs to say to try to convict this guy but we know the the story about uh being there for the shooting is not credible because you heard officer Piper say in the circumstances in which he believes ddl overheard it was when officer pifer was telling Aisha the day they found out so that testimony obviously was tainted I also would submit you heard this the video from July 23rd yesterday and DL was certain that when we talked about a bloody knife and said I heard it down here you guys down here told me about it and the officer detective Hamas was quick to just dismiss it no you didn't then she said well maybe he overheard people talking and stuff like that I think that taints that testimony as well and then they drive him around for three hours he takes them to Credit Island and said that's my dad's footprint and they assumes his footprint and they start taking Footwear Impressions his testimony was just so all over the place that it was not credible he talks about a bloody machete where there's no blood on it he talks about cleaner bleach the first time we heard the term cleaner bleach was in here before he was using bleach but now we hear the term cleaner bleach the photographs you're going to see in the RV what do they say they say cleaner bleach he was coaching to saying that he's preparing for trial he saw a picture it said cleaner bleach that makes this story more credible he's going to nail his dad I feel sad for that kid I feel very sad for that child but his testimony has been tainted um he said also that Brie Asia was alive twice at 5 30 a.m that was on July 23rd state says you know he's consistent on that and that drove there that drove their investigation that fact they ignored ignored the fact that he said Bridge was alive at 5 30 A.M it was light up detective hams looked at her watch and said 538. they don't get to pick and choose what what parts of the story they think are true or the stories they think are untrue they drove him to Clinton they drove him to Clinton and they pull into Walmart and oh this is where we were they drove into Credit Island this is where we were I mean so much of this is is is almost confirmation by us your honor uh you have an eight-year-old kid fairly confident to even testify at that point in time being Guided by police and again being led down the way based upon a hunch I think detective Hamas said yesterday based upon hunch we took him to Credit Island down that way um and then you know he told him what he wanted to eat what they wanted to hear but Credit Island we turns out has nothing to do with anything there were no six guys fishing there was no fishing pool but did that steer the investigation nope it didn't they ignore that they ignore all that they find a couple of places where they can say we can hang our hat on d.l's testimony and we're going to hang our hat on that the other stuff we're going to ignore because it doesn't fit the theory it doesn't fit where we started and where we want to end up he said on 61 and 30 we need to keep going straight and they ignored that why they ignored that it didn't fit the narrative at that time they come back he's pulling up wooded area to stand there there there there there they ignore that that is looking at a case through tunnel vision we're going to have DL hopefully tell us what we want to hear we have evidence we want him to tell us stuff that matches up to that evidence that's exactly what they were doing Mr dinkus is so savvy that he was able to cover up all his crimes so savvy so good he is a uh a psychopath with Tendencies like no other to get away of this crime you have to believe that and that is unbelievable okay so Henry has to know your honor that when you commit a crime like sex assault assuming that he committed sex assault which we have no evidence of that you leave behind DNA and trace evidence first of all the bleach does not destroy trace evidence destroys DNA but it did not destroy hair fibers anything of that nature doesn't destroy any of that which they found none of in that RV they found no hair or Fiber that connects free Asia Tyrell to that RV zero so bleach argument on that out the window if he's sexually assaulting her there would be a hair that come off or it would be uh fiber Strummer clothes and this four this 4X white T-shirt comment that is somehow Insidious on his part parents all over this country let their kids wear parents t-shirts to bed doesn't mean that they're trying to cover up a crime that's somehow premeditation that's just ridiculous he let her wear the shorts and the bra though if he was trying to cover up a crime why would you let her wear the shorts in the bra that Aisha brought but covered up with a 4X t-shirt that defies any logic anywhere but any event he's such a so good at covering up his crimes that he is takes this bleach and he sprays it everywhere he hits every item of DNA kills it all kills it all and then not only does he kill at all he's sappy enough that no one can smell bleach except the woman who opened the trunk and was pregnant and had the heightened senses that's the only person said they smell please um but makes it so no one can smell it makes it a no one felt the herb had the odor overcome them so in a very short period of time so he bleaches everything somehow gets rid of the odor gets rid of all the DNA and gets away with it he's that Savvy that's not Savvy that's next level generation crime stuff for which I this court and this attorney has I would say never heard of but when you don't find bleach like on the remains it wasn't the state's fault because it was exposed to the elements it was exposed to the elements and there was an element of chlorine in the clothing your honor you know chlorine is found everywhere you heard Mr stepanski that's why he would not say that there was anything there consistent with bleach he was very careful about that okay he was pressed on that issue because he the state wanted him to go that extra step and say well could it have been bleach and he wouldn't say that they wouldn't argue that now but stapanski wouldn't say that that's the evidence in the record and chlorine in Iowa salt in the soil Farm chemicals in the soil just basic soil I mean there's going to be chlorine everywhere but bleach has to be bleach no I think that's a a Fool's argument meant to try to Prejudice you and look at that picture of those black shorts okay that's sun damage and what do you do if you pour bleach on them just common sense you get a gallon of bleach if you're pouring it over from six feet above you're just dumping it you're dumping it you get rid of all this it's going to bleach almost immediately it's going to Splatter you can have splatter marks you don't see any of that in fact stepanski looked at that set of shorts and says you know what it's not even worth testing for Bleach because he didn't test it okay they had all this other stuff that's what defies logic is they had all this other stuff they had to stuff from the RV they had the stuff from the Impala they had all these cuttings they had all this fabric they had the car itself they could have cut the the fabric out of the trunk they could have cut the back seat the front seat send it all off to Mr stepanski and say find us bleach please but no no we're not going to do that we aren't going to do that instead they kind of want to shift the burden over to Mr Dinkins and say well he didn't explain to us what he did he didn't tell us what he was doing he didn't explain to us about the gold shoes versus the white shoes he didn't explain to us about things like pointing and writing on a Google map he didn't he didn't explain to us he doesn't have to prove anything they do you can't forget they had no DNA and it wasn't for lack of looking on this man okay they stripped him down naked they swabbed his penis they swabbed his hands they went under his fingernails and they found no DNA of Brie Asia Tyrell oh well he must have must have based or shower then not his responsibility theirs and they didn't find any evidence that he did that well he was driving around he couldn't be found his phone was off that's why there's no DNA not his burden their burden don't let them trick you into that they had DNA they could have been tested possibly out of the back of the Impala to put her in that car they chose not to do that why not they had no semen anywhere no blood stains anywhere no trace evidence anywhere they just want you to believe that Henry Dinkins was acting irrationally acting weird he bought some bleach and since he wasn't the real father of Raja Tyrell and real fathers have designs on their stepdaughters if you will or children are on their own they must have raped and molested her because she wound up dead because that's what happens stepfathers rape and murder their stepdaughters the evidence is not here your honorable are you firmly convinced are you fully satisfied would you are you when you sit and think about this and go through all this evidence um will you hesitate to act Reasonable Doubt is all over this case serious doubt is all over this case and there's only one one verdict here you have to find Mr Dinkins not yield him thank you [Music] disconnect him or Miss O'Donnell thank you Ms O'Donnell you may proceed thank you wherever you would like to um I know that it might be easier for everyone to hear if you're closer to a microphone we do have the microphone positioned over here if you'd rather stand you ready I am okay speaking of ignoring evidence what the defense is ignoring here is that Mr Dinkins is the last person scene with briasia Tyrell when she is alive and who made that observation who placed him with her is Andrea Culberson the defendant's own girlfriend she is the person who said I looked out that window at 3 30 in the morning and I saw briasia right next to that Chevy Impala I saw her there she was alive and then the defendant leaves car is gone Brie Asia's gone there was no one else in that parking lot that is the last known sighting of Brie Asia Andrea culverson testified that when she saw Bridge she actually felt relieved at that point in time because she at least knew oh she's with Henry we know where she is she's with Henry however after they left and as she testified she couldn't even put into words what she was feeling because she was confused she didn't know what was going on she didn't know why he had taken briasia out of their apartment at three o'clock in the morning and then again at 3 30 in the morning and because of the nature of their relationship and who they were she didn't ask but she didn't call the police she didn't go searching for breesia because she knew that brazia wasn't missing at that point she knew where she was she knew who she was with and so when the police showed up at their apartment shortly before 9 A.M in the morning suddenly looking for briasia wondering where she is wanting to search the apartment looking for her you can see on that video how much Andrea's hesitating she doesn't want them to come in and search for breesia she wants to make sure that Henry knows gave permission to come into the apartment because she is confused because she knows that Brazil left with Henry and that he's the last person to have had her so why are the police here looking for her searching for her why is Henry saying it's okay for them to come in and search her apartment knowing full well that he's the one who had her last I've been trying to figure out why the defense has not been trying to attack Andrea culberson's credibility at all throughout the course of this trial there was no impeaching her there was no trying to question her on her timeline and her events or any of those facts it was because they can't they can't do that but who did they chose to go after and that was DL there was extensive questioning about his credibility and about what he saw or what he didn't see in his statements in his various statements why when so much of what he said has been corroborated not only by Andrea but by video surveillance by other types of evidence why are we attacking this child and not Andrea Culbertson that's because if you look at the information that DL was providing not only does he describe things that are corroborated like I said by other evidence but he also places the defendant out at Kunal Implement on the morning of July 10th he based on his statements corroborates that the defendant didn't search made no efforts that morning to go look for Brie Asia like he reported that he had been doing DL the morning of July 10th when he's interviewed by police and as the court got to observe is a Carefree kid he's unconcerned his sister's lost but you know that's it's kind of just not a big deal at that point in time he is not appreciating at all the severity of that situation he doesn't understand what is going on and so when he is interviewed and he starts talking about going fishing with his dad that morning and they've the places that they went or that his dad pulled out bleach and was wiping off this big knife he doesn't understand the significance of the things that he's saying or why those things may be relevant or not relevant he talks about his dad being stuck on a dirt road and that there were These Guys these six fishermen who had to push his dad out his dad had gone fishing his Dad paid them a hundred bucks now again if you from those statements those are not things that DL actually saw those are things that his father had told him occurred and now this is again on July 10th well before we knew anything about a dirt road well before we knew anything about this Impala being stuck months before Jared Brink came forward to talk about pulling a Chevy Impala out of the ditch on 270th Avenue feat from where briasia's remains were found DL has no idea what significance any of these things offer but included in those statements and when he does drive them around he starts to describe more again on July 10th he recognizes Schmidt Road talks about this RV he describes this fishing place as having a little Hill and he kept saying you had to go down there he walked down there he took bleach down there by the water they do drive him to Credit Island where he recognizes it he has them Park in the gravel he shows them the path of travel that he watched his father take he stayed in the car and sure enough there are footprints there again he talks about this machete of being cleaned off with bleach they go to that RV there's a machete there and again talking about those driving around in that Impala and then you heard the testimony from Jim Peters who has those cadaver dogs where did his dogs hit Credit Island the RV that Impala all places that the defendant went after we submit that he had killed Brie Asia Terrell all places that DL said that he went the morning where he supposedly out searching for briasia those are not just coincidences again the the testimony from Jim Peters about what the cadaver dogs actually do is they hit on the smell of those molecules that attach that scent that attaches to objects like shoes that a person could have been wearing at the time that they committed a crime shoes that were in that Impala shoes that he wore walking around Credit Island shoes that he wore when he was standing around his RV and then went into his RV shows that he later disposed of and that the officers were never able to recover so again that odor of bleach DL said that he smelled it even on July 10th he could smell bleach something that again detective Tharp testified to that when she first opened that trunk she could smell bleach um which is consistent with somebody opening a bottle of bleach cleaning it using it and then throwing that bottle of bleach back into a trunk not necessarily submitting that the defendant took bleach and wiped down everything inside of that trunk but just that there was an open container of bleach at some point in time in that trunk which would emit an odor of bleach that wouldn't necessarily last for days and days and days now again when we're talking about DL and the areas and things that he described that area near coonau Implement that he testified that after they had gone to Walmart and purchased bleach on the morning of July 10th they went to this dirt road where he observed his father walking with those bottles of bleach and dumping out bleach all over some bushes again when you're looking at why are we attacking dl's credibility what is the point of making him look like the person who's just making things up again it's because he's placing the defendant there where briasia's remains were found no this whole statement about whether DL actually saw the defendant shooting briasia that wasn't something that he even testified to on Direct that was purposely brought up by the defense on cross-examination again to attempt to impeach DL that wasn't something he actually testified to and again what was the purpose of bringing that up if not to try to discredit absolutely everything that he provided and while we don't know what DL did see didn't see what actually happened what he may have heard while he was out at certain locations but it is worth noting that without missing a beat when asked what color the gun was he said silver and when officers found that gun they described it as a stainless steel gun that's how they labeled it on the evidence records and if DL was just going to try to make something up and just try to come up with some story it is odd that he'd pick silver as the color and not black when most guns in this world are black and even a child knows that again when we're talking about what the state ignored in terms of the evidence here with the fence is also ignoring is that Henry's DNA was not found in the Impala his DNA was not found on the our in the RV and we say that Mr Dinkins is savvy you look at those actions and the things that he did on this particular evening leaving his cell phone at home to charge when he has cell phone chargers in his vehicle wiping down a machete with bleach a machete that we submit was used to cut branches that's it those are steps taken that show the level of thoroughness that he had when it came to covering his tracks that day taking the battery out of his phone after being forced to take his phone with him again those are steps that he took to try to cover his tracks to try to make him untraceable obviously bleach we've heard the testimony it does kill DNA but obviously this is the case as well where briasia's body was not found for months several months almost nine months I believe between when she went missing and when she was recovered you heard the testimony from Mike Schmidt about what the environment can do to DNA and it is worth noting that even in the clothing that parisia presumably died and they didn't even find her DNA on those clothes clothes that she probably bled in that she had some level of decomposition in and yet her DNA is not even found on those clothes to so to suggest that because there's just no DNA at all that that's what the court needs to hang its head on is simply not reasonable when the court heard testimony from FBI special agent James McMillan one of the things he described was when you have any missing person case your goal is to start with that person the person who's missing to try to establish their last known whereabouts and then you start with the people who are the most intimate or close to them people who saw them last you try to establish a timeline for their last known whereabouts in an attempt to either exclude them as somebody who could potentially abduct them or include them and that is exactly what this investigation did from the get-go they were provided information that the last known person seen with Mr Dinkins or I'm sorry with breesia was Mr Dinkins and from that information the Davenport Police Department the FBI the DCI crime lab all set out to try to establish the last known whereabouts of Mr Dinkins to try to exclude him or include him as a potential person who could have abducted free Asia and they were never able to exclude him ever when you look at his behavior the evening that she went missing according to his own statements at some point he searched for her he found out she was missing he never woke up Andrea culverson he never woke up Notorious he never made a single phone call in fact he wasn't even thinking about his phone in a time like this when you have a missing child which is just a crazy statement to make instead he got in his car and he just left he couldn't point to a single location that he drove to he couldn't point to a single door that he knocked on he made absolutely no effort to actually search for Brie Asia because he knew she was never missing he knew exactly where she was he didn't need to go look for her he didn't need to wake up anybody else and alert them to the fact that brazia was missing in fact he was trying to avoid having to alert anybody to the fact that briania was missing he didn't count on the fact that Andrea Culberson woke up and knew he was gone and in fact according to Andrea's testimony when he came back to the apartment at 3 30 in the morning she heard him kind of quietly open the door and quietly tried to step upstairs because he was trying to avoid causing any sort of attention or bringing attention to himself he was trying to be quiet and discreet now the defense wants to argue that there's no evidence of a sexual assault and I would just note for the court that the state's not required to approve that the defendant actually sexually assaulted Eurasian Terrell what we are required to prove is that when he removed her from this location from this apartment his intent was to either sexually assault her or to cause her serious bodily injury and I submit to this court that there is really no reason why an adult male would take a child at three o'clock in the morning from this place where she's sleeping to another secluded area where she had never been um without some sort of ill intent whether that is sexually abusing her whether that's causing her harm there is no reason to do that at three o'clock two o'clock in the morning without some sort of nefarious plan for that child and there was a decision made a decision made to harm her to kill her briasia knew Henry she could identify him this is not some strange child this is somebody that she knew intimately and that he knew if she were to tell what he did to her that she would be believed because Brie Asia is a truth teller and so a decision was made that he had to kill her now we know that he came back to that apartment after he had taken Brie Asia down to that trailer and I submit to the court why would he need to come back to the department what was the purpose of doing that why take that risk that she may be seen if it wasn't to get something that had to be so important to him something so necessary for him to achieve his goal of killing Brie Asia he came back for a gun he went to that closet we know that he has access to weapons there was a knife under the mattress a machete under the mattress in that apartment in his own vehicle he had an ax he had a bat he had an empty knife sheath and then in the the RV he had another machete we know he has access to weapons it is not unfathomable to think that he also has access to other firearms so Andrea Culberson stated that she did not ever look in his closet she didn't know what was in there but when he came to that apartment he snuck up the stairs he went to the closet he dug something out concealed it on his person and then he left why why did he need to come back there if not to grab a weapon he then took Brie Asia and he left now we know he had to fill up his tank with gas that's where he went he's on the video there where he's acting odd he keeps looking out to that car and there was a lot of discussion during the defense closing clothing about why free Asia this rule follower this tattletale why she wouldn't have tried to run why she wouldn't have told somebody about what was happening at 3 30 in the morning when she was outside of that car and again it shouldn't be lost on this court that we are talking about a 10 year old child a 10 year old who did trust Mr Dinkins this was her brother's father this was somebody who according to DL himself she had been having fun over at this apartment she enjoyed the snacks they were playing games she was having a great time and then this person took her from her bed took her to some trailer where we submit he then sexually assaulted her and hurt her and then now is taking her around again to this apartment where she had never been didn't know anybody else there an area Davenport she had never really spent any time in and we're expected to believe that she should have just ran away if she was really that scared of him because apparently that's what we're going to do now is blame briasia for not getting herself out of that situation and how frightened she must have been in that moment when she's outside of that car this man had already hurt her and we don't know what types of conversations or what he may have said to her in those moments and I submit he threatened to kill her brother you move you say anything I'll kill the L and this child this rule follower follower this protector of her brother would have stayed she would not have ran off or done anything in those moments if she thought that that would somehow impact somebody else again when she's driving a quick stop or when he drives to Quick Stop it's the middle of the night she doesn't know where she is we expect her just to get out and run okay we're talking about what that fear that she must have been feeling and that experiencing in those moments the defense wants to argue that because Mr Dinkins didn't act the way we would expect him to act when his child is missing that that's what the state's hanging their head on that that's what we're saying here is he's guilty because he acted funny when she went missing and what is worth noting here is that there are behaviors and there are certain actions that do go towards somebody's consciousness of guilt and if you look at Mr dinkin's actions and the way he was reacting to what was happening in this situation his behavior is so completely goes against any way that a parent would act if their child is missing if you wake up at three in the morning or whatever time that he's because again he wouldn't give it time and noted that bridge was missing you wake people up you call the police you start banging on doors you call her mother you start looking for her you panic you panic and instead he's driving to Clinton Iowa to buy Bleach he goes down to Credit Island with the DL he goes to his trailer with DL we know at some point that he changed his clothes because he has seen on the Quick Shop video wearing one outfit you heard testimony from Andrea Culberson that when he came back to the apartment to get DL he had changed his clothes and she noted that that was very odd because he hadn't changed them there so that meant he would have had to have changed his clothes somewhere else and then again after you see him at Walmart wearing the same outfit he's seen when he meets with officer Burkle outside of that apartment he changes his shoes those are not actions those are not steps people take when your child is missing I don't care what you're wearing you don't care what your shoes look like you are panicked you are upset you are freaking out you don't have the wherewithal to go you know what I think I'm going to wear different shoes now I should go change them and it shouldn't be lost on the court that the shorts that he was wearing that you see in the quick shot video the shoes that he had on none of those items were ever found the two bottles of bleach that were purchased from Clinton never found what we do know is that after the defendant left the apartment the morning of July 10th after making contact with officer Burkle his phone records show that he was in the area of his sister's house and we know again from phone records that his sister and his mom were home at that time and it's awfully convenient that after there's a brief period of time where his sister and his mom are home they leave they leave and go up to Tama to go gambling which is also a very odd reaction for finding out that Mr dinkin's daughter according to him is missing but none of those items that he had were ever found again yeah now the defense wants the court to completely discount anything offered by Jared Brink and again that's because Jared Brink places the defendant on July 10th outside on that road of 270th Avenue right where Bree Asia's remains were found and again if you're looking at all of the information that Jared Brink provided if he is describing somebody else that is not Mr Dinkins then Mr Dinkins must be the most unlucky man alive because what you've heard from Jared Brink was that on this night around 4 30 in the morning a black man Flags him down on Highway 61 because his car got stuck on this road on 270th Avenue the man gets in his car they drive back to this area where whoever this other person is is also driving a maroon Chevy Impala and they also happen to have light-colored tan interior seats and also happen to have a white aux cord that's plugged right in there and the right tire of this vehicle is the tire that just so happens to be stuck on this ditch again the right tire we're seized that vehicle was seized on July 10th you can see that there's visible dirt on the car and that area of the car is where those soil samples were matched for that particular area of that particular Road again this man offers him a hundred dollars which again is the same night that we know the defendant paid a hundred dollars for gas the same time period where the defendant reported paying a hundred dollars to some fishermen and told that story to DL this man didn't have a cell phone or he had no means of calling somebody for help that's why he had to flag down somebody on the road and again wearing those shorts the same shorts that he identified the defendant wearing the knights that Brie Asia Tyrell went missing the night that he was the last known person to see her on the night the one night that she has ever stayed over at his house if we're talking about somebody else here again that's just not reasonable it's not reasonable to think that all of those different factors and all of those descriptors that we're talking about a different individual that isn't Mr Dinkins laughs defense counsel brought up the state's burden of proof in this case as the court notes it is not the standard is not being totally convinced it is firmly convinced they also note the language that's hesitate to act um which is in the instruction that the Supreme Court does not prefer that we use however if we're going to be talking about this hesitating to act the stopping to think I would submit to the court that stopping to think and considering all the evidence is is actually the job of the fact finder that doesn't mean you're hesitating that doesn't mean that there's some sort of pause on your part to have to look at all of the evidence here and looking at the totality of it to decide whether that you are about fully and fairly convinced that's in fact the Court's job as a fact finder is to deliberate and decide the evidence from the evidence there yeah one statement from the defendant that we heard testimony from when those inmates at the Clinton County Jail who testified that they heard the defendant after after seeing a news story about this story about Brie Asia's disappearance he turned to them and he said they are never going to find her and those people thought that was very odd they thought that was weird you heard the testimony from I believe it was David Baker about how he immediately took that to mean this guy knows way more about what's going on he knows more than what he's talked about and the court has seen what this area coonaut Implement looks like in July it's heard testimony about the trees and the different brush in that area and how difficult it is to actually see anything during that time period you could be standing mere feet from where her body was found and you cannot see her because they're never going to find her that is what he reported to those individuals um one thing that uh defense and the state can agree on was that this was a horrific act committed by a horrific person this was an execution when he drove breesia to this place she had never been this wooded area with barely any lighting the fear that she must have felt not knowing where she was going not knowing where she was take going to be taken and what was going to happen to her then as he got her out of the car pointed that gun at her and she knew that she was going to die without ever seeing her brother without ever seeing her mom ever again that statement they are never going to find her your honored when you look at all of this evidence here and you look at the state's burden of proof this is not a situation where the state just focused in on one person and one person only and you look at all those facts the defendant's actions that night and what he did to this little girl to griasia he needs to be held accountable for that and the evidence clearly shows that he is guilty of both of these offenses Beyond A Reasonable Doubt and we would ask that you return a verdict of guilty for both counts thank you thank you I will take this matter under advisement and have a willing as quickly as I can thank you

Channel: WQAD News 8

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Length: 205min 31sec (12331 seconds)

Published: Tue Aug 29 2023