Jones' trial enters day two
By Ethan Smith
Published in News on October 19, 2016 9:57 AM
Judge Arnold O. Jones II.
WILMINGTON -- Several witnesses for the government took the stand Tuesday in the second day of the trial of Superior Court Judge Arnold O. Jones II.
Jones is accused of bribing a Federal Bureau of Investigations task force officer with $100 to obtain copies of text messages between his wife, Ingrid Lancaster Jones, and a Massachusettts man -- a work client of Jones' wife -- named Rui Dos Santos.
The government spent the bulk of the day questioning Matthew Miller, the FBI Task Force Officer whom Jones allegedly bribed.
Jones' wife also testified, but defense counsel Joseph Cheshire declined the opportunity to question her.
Jones and his wife are still legally married, but separated. The couple haven't had contact since the day he was arrested in November 2015, Mrs. Jones testified.
William Gilmore, the lead prosecutor in the case, presented the government's case.
Evidence included screenshots of text messages between Jones and Miller, a disc containing video and audio of an in-person meeting between Jones and Miller on Oct. 27, 2015, several props provided by the FBI for the in-person meeting and a transcript of the encounter last October.
First, the government focused on the text messages between the two men.
The purported text exchanges began on Oct. 10, 2015, when evidence shows Jones sent a text message requesting Miller get copies of texts between two Verizon Wireless phone numbers.
Miller testified he remembers getting the text vividly.
"I was at my house -- I remember it very well -- on my recliner, with my kids around me," Miller said.
Miller said he found Jones' request odd. Then, thoughts swirled in his mind as he tried to decide what to do. Miller said he got tunnel vision and did not want to upset Jones or endanger his career by telling him no, despite the oddity of the request.
"I was very disturbed, I was very concerned, I was worried -- I didn't like anything about this and I didn't know how to handle it," Miller said.
More than 30 minutes later, Miller replied, texting, "Yes sir, I will try," to Jones.
Miller testified that he replied that way because Jones did not specify in the initial text why he was asking Miller to get those text messages, and thought Jones would provide more information at a later date on why he was requesting the information.
The evidence showed that Jones replied roughly 30 minutes later and informed Miller the texts he sought were for personal reasons.
When that happened, Miller testified, he knew something was off.
"My anxiety levels were confirmed," Miller said. "This is not right, this is not proper."
Miller then responded, "I understand," and said he did so in hopes the issue would go away.
But, evidence shows, it did not.
More text messages presented by the government purportedly show Jones insisting time and again about the status of his request to Miller to get the text messages.
Eventually, Miller testified, he took it to his superiors at the sheriff's office, who reportedly told him to just tell Jones no, but did not offer to step in and handle it, nor did they tell him what to say.
Miller said he fashioned a response equating to what he called a "soft no," in an attempt to let Jones down easy and put the issue to rest.
Prosecutors said Jones did not back down.
Instead, Jones sent a text replying to Miller that said, "I want (it) down low, see what you can get without drawing attention. Thanks!"
Miller said in court Tuesday he viewed the term "down low" as "street talk," and did not know how to proceed.
"I have never had a judge use street talk with me," Miller said. "This, to me, blew up exponentially and got worse when I hoped it would go away."
It was then that Miller went to his supervisor at the FBI office in Greenville, he said.
"It's like the judge was declaring to me this was not appropriate at any level," Miller said.
An investigation was launched and Miller was directed to act as a source for the investigation.
"This has been the most difficult thing I have ever done in my life," Miller testified.
The FBI directed Miller to set up an in-person meeting, he testified. He and Jones reportedly agreed to set up at a McDonald's just south of Goldsboro in Dudley around 5:30 p.m. on Oct. 27, 2015.
Miller said the FBI directed him to do this to confirm it was Jones sending the text messages and not "some kid who stole his phone," Miller said.
A screenshot showing Jones in Miller's then-work car -- an unmarked Chevrolet Camaro -- was shown as evidence to the court and to the jury.
It was the last piece of evidence presented by the government Tuesday.
Before the video could be played, court was recessed for the day just before 4:20 p.m.
Miller's testimony is expected to continue today, and the defense is expected to cross-examine.
In addition to Miller and Mrs. Jones, Mike Dawson, a First Sgt. with the Wayne County Sheriff's Office and a task force officer with the Drug Enforcement Administration, as well as Mark Denton, a supervisor for Verizon Wireless' Court Order Compliance Team, were also called to testify.
Both men summed up their respective roles and discussed cellular providers process for handing over text messages that are requested by third parties, be it private citizens or law enforcement officers.
If the messages are requested by an officer, who has a search warrant signed by a judge, Denton testified, the company will release the messages to that judge.
If they are requested by a third party, written consent from the user of the phone the messages are requested from, as well as a court order are needed to release the messages. Even then, Denton said, the company will still only release the messages to a judge or magistrate.
Jones' trial will continue today at 9 a.m. in federal court in Wilmington.
Testimony is expected to wrap up today, according to both the prosecution and defense.
Geoff Hulse, one of Jones' attorneys, said Jones and his attorneys would answer questions then.