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Mississippi High School

Mock Trial Competition

2011

State of Mississippi
v.
Ima
Freeman

Case No. 10-0-111


The Mock Trial Program is a project of the
Young Lawyers Division of
The Mississippi Bar

_____________________
The case was inspired by the 2008 Indiana High School Mock Trial Association Mock Trial Case. The
Mississippi High School Mock Trial Committee would like to thank Indiana for making its case
available.
CASE BACKGROUND

The defendant, Ima Freeman, has been charged with murder of his/her business partner, Sunny

Beach. Sunny Beach apparently had a gambling problem, and had been unlucky for some period of time.

Thinking that her luck would change, she borrowed money frequently from a local loan shark, Eko Priest.

However, Sunny Beach’s luck didn’t change and, under pressure for payment from Eko, Sunny started

stealing money from the business. However, with skyrocketing interest and continued gambling losses,

Sunny’s debt to the loan shark was still over $200,000, even after Sunny had drained the business dry. Eko

had already given Sunny several violently physical “messages” that the debt was to be paid - - “or else.” In

the meantime, Ima hired an accountant to determine why the business was in the red. When Ima learned

that Sunny had been stealing from the business and had driven it into bankruptcy, Ima allegedly became

enraged and threatened to kill Sunny. A few days later, Sunny was found dead, and through a Buy-Sell

Agreement and insurance policy, Ima would become a half million dollars richer. Was Sunny murdered? If

so, who is the culprit? The witnesses for each side of the case are as follows:

Prosecution Witnesses:
Accountant – Dawson Diggs
Police Detective – Hurley Hugo
Loan Shark – Eko Priest

Defense Witnesses:
Defendant – Ima Freeman
Jailhouse snitch – Sawyer Scheme
Criminologist/private investigator – Morgan Mystery

The Case Background is not to be used as evidence in the case, but rather is provided for background
purposes only. This case is a work of fiction. The names and events described herein are intended to
be fictional. Any similarity or resemblance of any character to an actual person or entity should be
regarded as only fictional for purposes of this mock trial exercise.

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INDICTMENT Murder 97-3-19 Circuit Court 10-0-111

THE STATE OF MISSISSIPPI Circuit Court


FIRST JUDICIAL DISTRICT March Term 2010
MAGNOLIA COUNTY

The Grand Jurors for the State of Mississippi, taken from the body of good and lawful persons of the First
Judicial District of Magnolia County, in the State of Mississippi, elected, impaneled, sworn and charged to
inquire in and for said District, County and State aforesaid, in the name and by the authority of the State of
Mississippi, upon their oaths present: That

IMA FREEMAN

in said District, County, and State on or about January 23, 2010

did willfully, unlawfully and feloniously kill a human being, SUNNY BEACH, without authority of law with
deliberate design to effect the death of said person by means of freezing causing hypothermia, in the First
Judicial District of Magnolia County, Jackson, Mississippi, in violation of Mississippi Code Annotated §97-3-
19(1)(a),

Contrary to the form of the statute in such cases made and provided, and against the peace and dignity of
the State of Mississippi.

Endorsed: A True Bill

/s/ Grand Jury Foreman /s/ Assistant District Attorney

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APPLICABLE LAW

Standard of proof
(a) A person may be convicted of an offense only if his guilt is proved beyond a reasonable doubt.

Miss. Code Ann. §97-3-19(1)(a): Murder


The killing of a human being without the authority of law shall be murder when done with deliberate design
to effect the death of the person killed, or of any human being.

Miss. Code Ann. §97-3-17(b): Manslaughter


The killing of any human being by the act, procurement, or omission of another shall be excusable:
(b) When committed by accident and misfortune, in the heat of passion, upon any sudden and
sufficient provocation.

Miss. Code Ann. §97-3-7: Simple Assault


(1) A person is guilty of simple assault if he
(a) Attempts to cause or purposefully, knowingly or recklessly causes bodily injury to another; or
(b) Negligently causes bodily injury to another with a deadly weapon or other means likely to
produce death or serious bodily harm; or
(c) Attempts by physical menace to put another in fear of imminent serious bodily harm; and upon
conviction, he shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or
by imprisonment in the county jail for not more than six (6) months, or both.

Miss. Code Ann. §97-3-7: Aggravated Assault


(2) A person is guilty of aggravated assault if he
(a) Attempts to cause serious bodily injury to another, or causes such injury purposefully, knowingly
or recklessly under circumstances manifesting extreme indifference to the value of human life; or
(b) Attempts to cause or purposefully or knowingly causes bodily injury to another with a deadly
weapon or other means likely to produce death or serious bodily harm; and upon conviction, he
shall be punished by imprisonment in the county jail for not more than one (1) year or in the
Penitentiary for not more than twenty (20) years.

Miss. Code Ann. §97-35-13: Disturbance in Public Place


Any person who shall enter any public place in the State of Mississippi, and while this/herein shall crate a
disturbance, or a breach of the peace, in any way whatsoever, including, but not restricted to, loud and
offensive talk, the making of threats or attempting to intimidate, or any other conduct which causes a
disturbance or breach of the peace or threatened breach of the peace, shall be guilty of a misdemeanor and
upon conviction this/hereof shall be fined not more than five hundred dollars ($500.00) or imprisoned in
jail not more than six (6) months, or both.

Miss. Code Ann. §97-3-53: Kidnapping


Any person who, without lawful authority and with or without intent to secretly confine, shall forcibly seize
and confine any other person, or shall inveigle or kidnap any other person with intent to cause such person
to be confined or imprisoned against his or his/her will, upon conviction shall be imprisoned for life in the
custody of the Department of Corrections if the punishment is so fixed by the jury in its verdict. If the jury
fails to agree on fixing the penalty at imprisonment for life, the court shall fix the penalty at not less than
one (1) year nor more than thirty (30) years in the custody of the Department of Corrections.

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Miss. Code Ann. §97-17-1: Arson (First Degree)
(1) Any person who willfully and maliciously sets fire to or burns or causes to be burned or who aids,
counsels or procures the burning of any dwelling house, where occupied, unoccupied or vacant, shall be
guilty of arson in the first degree, and upon conviction this/hereof, be sentenced to the penitentiary for
not less than five (5) nor more than twenty (20) years and shall pay restitution for any damage caused.

Miss. Code Ann. §97-17-7: Arson (Third Degree)


Any person who willfully and maliciously sets fire to or burns or causes to be burned, or who aids, counsels
or procures the burning of any personal property of whatsoever class or character (such property being of
the value of twenty-five dollars and the property of another person), shall be guilty of arson in the third
degree and upon conviction this/hereof, be sentenced to the penitentiary for not less than one nor more
than three years.

Miss. Code Ann. §97-17-11: Arson (Insured Property)


Any person who willfully and with intent to injury or defraud the insurer sets fire to or burns or attempts to
do so or who causes to be burned or who aids, counsels or procures the burning of any building, structure
or personal property, or whatsoever class or character, whether the property of himself or of another, which
shall at the time be insured by any person, company or corporation against loss or damage by fire, shall be
guilty of a felony and upon conviction this/hereof, be sentenced to the penitentiary for not less than one (1)
nor more than ten (10) years.

Miss. Code Ann. §97-17-67: Malicious Mischief


(1) Every person who shall maliciously or mischievously destroy, disfigure, or injure, or cause to be
destroyed, disfigured, or injured, any property of another, either real or personal, shall be guilty of
malicious mischief.
(2) If the value of the property destroyed, disfigured or injured is Five Hundred Dollars ($500.00) or less, it
shall be a misdemeanor punishable by a fine of not more than One Thousand Dollars ($1,000.00) or
imprisonment not exceeding twelve (12) months in the county jail, or both.
(3) If the value of the property destroyed, disfigured or injured is in excess of Five Hundred Dollars
($500.00), it shall be a felony punishable by a fine not exceeding Ten Thousand Dollars ($10,000.00) or
imprisonment in the Penitentiary not exceeding five (5) years, or both.

Miss. Code Ann. §97-17-93: Trespass


(1) Any person who knowingly enters the lands of another without the permission shall be guilty of a
misdemeanor and, upon conviction, shall be punished for the first offense by a fine of Two Hundred
Fifty Dollars ($250.00).

Miss. Code Ann. §97-45-19: Identity Theft


(1) A person shall not obtain or attempt to obtain personal identity information of another person with the
intent to unlawfully use that information for any of the following purposes without that person’s
authorization:
(a) To obtain financial credit;
(b) To purchase or otherwise obtain or lease any real or personal property.
(c) To obtain employment
(d) To obtain access to medical records or information contained in medical records.
(e) To commit any illegal act
(2) (a) A person who violates this section is guilty of a felony punishable by imprisonment for not less than
two (2) years nor more than fifteen (15) years or a fine of not more than Ten Thousand Dollars
($10,000.00), or both.

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Miss. Code Ann. §97-23-19: Embezzlement
If a person shall embezzle or fraudulently secrete, conceal or convert to his own use, or make way with any
goods, rights in action, money or other valuable security, effects, or property of any kind or description
which shall have come or been entrusted to his care or possession by virtue of his office, position, place, or
employment, with a value of Five Hundred Dollars or more, he shall be guilty of felony embezzlement, and,
upon conviction shall be imprisoned in the custody of the Department of Corrections not more than ten
(10) years or fined not more than Twenty-five Thousand Dollars ($25,000.00) or both.

Miss. Code Ann. §97-17-41: Grand Larceny


(1) Every person who shall be convicted of taking and carrying away, feloniously, the personal property of
another, of the value of Five Hundred Dollars ($500.00) or more, shall be guilty of grand larceny, and
shall be imprisoned in the Penitentiary for a term not exceeding ten (10) years; or shall be fined not
more than Ten Thousand Dollars ($10,000.00) or both.

Miss. Code Ann. §97-3-82: Extortion


(2) A person is guilty of extortion if he purposefully obtains or attempts to obtain property of another or
any reward, favor, or advantage of any kind by threatening to inflict bodily injury on any person or by
committing or threatening to commit any other criminal offense, violation of civil statute or the public
or private revelation of information not previously in the public domain for the purpose of humiliating
or embarrassing the other person.
(3) (b) Any person who commits the offense of extortion of property or things of value of another of the
value of Five Hundred Dollars ($500.00) or more shall be guilty of a felony and, upon conviction
this/hereof, shall be punished by commitment to the custody of the Department of Corrections for
a term not to exceed fifteen (15) years.

Miss. Code Ann. §97-3-82 Definitions for Crime of Extortion


(1) (a) “Obtain” means: (i) in relation to property, to bring about a transfer or purported transfer of a legal
interest in, or physical possession of, the property, whether to the obtainer or another; or (ii) in
relation to labor or service, or any reward, favor, or advantage of any kinds, to secure performance
this/hereof; or attempt to do (i) or (ii).
(b) “Property” means anything of value, including, but not limited to, real estate, tangible and intangible
personal property, contract rights, choses-in-action, reputation of a person and other interests in or
claims to wealth.
(c) “Property of Another” includes property in which any person other than the action has an interest
which the action is not privileged to infringe, regardless of the fact that the actor also has an interest
in the property.

Miss. Code Ann. §7-5-303 Insurance Fraud


(1) A person or entity shall not, with the intent to appropriate to himself or to another any benefit,
knowingly execute, collude or conspire to execute or attempt to execute a scheme or artifice:
(a) To defraud any insurance plan in connection with the delivery of, or payment for, insurance
benefits, items, services or claims; or

(5) A person or entity shall not, in any matter related to any insurance plan, knowingly and willfully falsify,
conceal or omit by any trick, scheme, artifice or device a material fact, make any false, fictitious or
fraudulent statement or representation or make or use any false writing or document, knowing or
having reason to know that the writing or document contains any false or fraudulent statement or entry
in connection with the provision of insurance programs.

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Miss. Code Ann. §97-9-109: Bribing a Witness
(1) A person commits the crime of bribing a witness if he intentionally and knowingly offers, confers or
agrees to confer any benefit upon a witness or a person he believes will be called as a witness in any
official proceeding with intent to:
(a) Influence the testimony of that person;
(b) Induce that person to avoid legal process summoning him to testify; or
(c) Induce that person to absent himself from an official proceeding to which he has been legally
summoned.
(2) Bribing a witness is a Class 1 Felony

Miss. Code Ann. §97-9-113: Intimidating a Witness


(1) A person commits the crime of intimidating a witness if he intentionally or knowingly attempts by use
of a threat directed to a witness or a person he believes will be called as a witness in any official
proceedings, to:
(a) Influence the testimony of that person;
(b) Induce that person to avoid legal process summon him to testify; or
(c) Induce that person to absent himself from an official proceeding to which he has been legally
summoned.
(2) Intimidating a witness is a Class 1 Felony.

Miss. Code Ann. §97-9-10: Commercial Bribery


(1) Commercial bribery is the giving or offering to give, directly or indirectly, anything of apparent present
or prospective value to any private agent, employee or fiduciary, without the knowledge and consent of
the principal or employer, with the intent to influence such agent’s, employee’s or fiduciary’s action in
relation to the principal’s or employer’s affairs.

Miss. Code Ann. §97-21-29: Uttering a Forgery


If any person shall, with intent to injury of defraud, make any instrument in his own name, intended to
create, increase, discharge, defeat, or diminish any pecuniary obligation, right or interest, or to transfer or
affect any property whatsoever, and shall utter and pass it under the pretense that it is the act of another
who bears the same name, he shall be guilty of forgery.

Miss. Code Ann. §97-9-125: Tampering with Physical Evidence


(1) A person commits the crime of tampering with physical evidence if, believing that an official proceeding
is pending or may be instituted, and acting without legal right or authority, he:
(a) Intentionally destroys, mutilates, conceals, removes or alters physical evidence with intent to
impair its use, verity or availability in the pending or prospective official proceeding;
(b) Knowingly makes, presents or offers any false physical evidence with intent that it be introduced
in the pending or prospective official proceeding; or
(c) Intentionally prevents the production of physical evidence by an act of force, intimidation or
deception against any person.
(2) Tampering with physical evidence if a Class 2 felony.

Miss. Code Ann. §97-3-85: Threats and intimidation by letter or notice


If any person shall post, mail, deliver or drop a threatening letter or notice to another, whether such other
be named or indicated herein or not, with intent to terrorize or to intimidate such other, he shall, upon
conviction, be punished by imprisonment in the county jail not more than six months, or by fine not more
than five hundred dollars, or both.

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Miss. Code Ann. §97-3-87: Threats and Intimidation
Any person or person who shall, by placards, or other writing, or verbally, attempt by threats, direct or
implied, or injury to the person or property of another, to intimidate such person into an abandonment or
change of home or employment, shall, upon conviction, be fined not exceeding five hundred dollars, or
imprisoned in the county jail not exceeding six months, or in the penitentiary not exceeding five years.

Miss. Code Ann. §97-33-1: Betting, Gaming or Wagering


[excludes cruise-vessel gaming; structure located in allowable areas]
(a) If any person shall encourage, promote or play at any game, play or amusement, for money or other
valuable things, then he shall be fined in a sum not more than Five Hundred Dollars ($500.00) and,
unless such fine and costs be immediately paid, shall be imprisoned for any period not more than ninety
(90) days.

Miss. Code Ann. §97-3-21: Penalty for Murder


Every person who shall be convicted of murder shall be sentenced by the court to imprisonment for life in
the State Penitentiary.

Miss. Code Ann. §97-3-25: Penalty for Manslaughter


Any person convicted of manslaughter shall be fined in a sum not less than five hundred dollars, or
imprisoned in the county jail not more than one year, or both, or in the penitentiary not less than two years,
nor more than twenty years

Miss. Code Ann. §97-21-33: Penalty for Forgery


Persons convicted of forgery shall be punished by imprisonment in the Penitentiary for a term of not less
than two (2) years nor more than ten (10) years, or by a fine of not more than Ten Thousand Dollars
($10,000.00), or both.

“Heat of Passion” is defined as a state of violent and uncontrollable rage engendered by a blow or certain
other provocation given. Passion or anger suddenly aroused at the time by some immediate and reasonable
provocation by words or acts of one at the time. The term includes an emotional state of mind
characterized by anger, rage, hatred or furious resentment. Tait v. State, 669 So.2d 85, 89 (Miss. 1996).

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IN THE CIRCUIT COURT OF MAGNOLIA COUNTY, MISSSISSIPPI
FIRST JUDICAL DISTRICT

STATE OF MISSISSIPPI PLAINTIFF

VS. CAUSE NO. 10-0-111

IMA FREEMAN DEFENDANT

STIPULATIONS

Note: No witness may contradict or deny knowledge of the facts contained in the stipulations.

1. All exhibits included in these Case Materials are authentic and accurate in all respects; no

objection to the authenticity of these exhibits will be entertained. Unless stated otherwise

herein, the admissibility of the exhibits on other grounds may be challenged.

2. All witness statements were signed by each witness under oath.

3. The autopsy of Sunny Beach concluded that Sunny Beach died as a result of hypothermia.

Hypothermia causes the body to be pale and waxy, not cyanotic, because the blood will have

been withdrawn from the skin by the body’s defensive mechanisms to avoid loss of heat.

4. Time of death could not be determined from typical physical examination of the body, i.e.

body temperature, because the body was frozen.

5. The autopsy results dated the cigarette burns found on the victim to have occurred two

weeks prior to death, and strangulation of neck, non-life-threatening, to have occurred less

than one week prior to death.

6. Fingerprint analysis shows that Freeman’s fingerprints are on the padlock to the cooler,

cooler door, and kitchen knife. Priest’s fingerprints were not detected on the padlock to the

cooler, cooler door, or doors to the restaurant.

7. Exhibits 2, 3, 4 and 5 were made at or about the time of the events by a person with

knowledge of the events, and are kept in the course of regularly conducted business activity,

and it is the regular practice to make such records. Exhibits 2, 3, 4 and 5 do not need to be

introduced through the custodian of the records.

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8. Exhibit 8 is the original photograph taken by Detective Hugo at the scene of the crime and

accurately depicts the victim and the surroundings at the time of Detective Hugo’s

investigation.

9. Exhibit 10 is a true and accurate copy of the original note of Sunny Beach provided by

Defendant Freeman shortly after he/she was charged with the murder of Sunny Beach. The

handwriting contained in Exhibit 10 has been confirmed to be that of Sunny Beach, per

expert handwriting analysis. The original note was to be analyzed using ink-dating

techniques. Prior to undergoing the ink-dating analysis, a copy of the original note was

made. The original note disappeared from the evidence room prior to the ink-dating

analysis. Therefore, the dating of the handwriting on the note cannot be determined.

Exhibit 10 is admissible, without objection.

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1 Statement of Dawson Diggs
2
3 My name is Dawson Diggs. I prefer to be called Dawson. I am a certified public accountant in private
4 practice in Bull, Mississippi. A true and accurate copy of my curriculum vitae is attached as Exhibit 1. I
5 graduated from Mississippi State University in 1981 with a B.S. in Accounting, cum laude. I was recognized
6 as the top student in accounting and received the coveted Luca Pacioli award. Just in case you didn’t know,
7 Luca Pacioli is considered the father of accounting. He was a wandering Franciscan monk, who was also a
8 friend and collaborator of Leonardo da Vinci. He established the first known double entry bookkeeping
9 system with debits on the left and credits on the right, and the balance from the profit and loss accounts to
10 be placed in a capital account. He also required that a trial balance be prepared when the books were
11 closed. Pacioli’s system, established in 1494, was remarkably similar to modern bookkeeping. To put it into
12 perspective, Pacioli was creating an accounting system at the time Christopher Columbus was discovering
13 America! Two discoveries that have shaped our lives forever!
14
15 After graduating from MSU, I was highly recruited by what was then considered the Big 8 CPA firms. I
16 went to work for Arthur Andersen in Chicago as an auditor; that was well before its demise from the Enron
17 and WorldCom debacles. Just in case you missed the headlines back in 2002, Arthur Andersen was
18 convicted for obstruction of justice for shredding documents relating to its audit of Enron, and the firm
19 agreed to surrender its licenses. Although the United States Supreme Court unanimously reversed Arthur
20 Andersen’s conviction in 2005, the firm had already lost nearly all of its clients. I hate to even mention my
21 prior association with Arthur Andersen. However, when I was at the firm, it had the reputation of
22 supporting the highest standard in the accounting industry. I was quickly recognized as a star at Arthur
23 Andersen. I was promoted quickly and assumed the role of Manager after only 3 years; the usual tract for a
24 Manager position is 4-5 years.
25
26 I left Arthur Andersen in 1984 to establish a firm of my own, Account-Ability, ironic given my Arthur
27 Andersen connection. We are a 6 member firm, offering our clients full service accounting expertise. In
28 addition to audit work, I specialize in forensic accounting. The Arthur Andersen headlines prompted my
29 desire to pursue forensic accounting. The Enron and WorldCom problems shed light on corporate scandals
30 and the need for forensic accountants. Forensic accountants are trained to look beyond the numbers and
31 deal with the business reality of the situation. According to research conducted by the Association of
32 Certified Fraud Examiners (ACFE), U.S. organizations lose an estimated 5 percent of annual revenues to
33 fraud. Based on the estimated U.S. Gross Domestic Product for 2009 – $13.037 trillion – this percentage
34 indicates a staggering estimate of losses around $638 billion among organizations, despite increased
35 emphasis on anti-fraud controls and recent legislation to combat fraud. My mission as a fraud examiner is
36 to reduce the incidence of fraud and white-collar crime and to assist the client in detection and deterrence.
37
38 Ima Freeman contacted me on January 4, 2010 to employ my services. On that day, I had made a
39 presentation at the local Chamber of Commerce entitled “Realizing Your Full Potential” and had touched
40 on various business and financial practices that could increase profitability, including stronger internal
41 controls to prevent or deter employee embezzlement. Ima came up to me after the meeting and asked if I
42 would undertake a financial investigation and make recommendations of increasing profitability for the
43 business. I learned that Ima Freeman and Sunny Beach were partners in their restaurant, Mussells. At the
44 time, there was no suspicion of fraud or wrongdoing. Ima explained that he/she wanted to know why the
45 business was in the red, when customers were steady and it seemed that business was good. Ima and Sunny
46 had been in the restaurant business for 3 years. In a study reported in 1999, University of Southern
47 Mississippi researchers showed that the highest failure rate in the restaurant industry was during the first
48 year, when about 26 percent of the restaurants failed. About 19 percent failed in the second year and 14
49 percent in the third year, according to the analysis. So, while it is not unusual for a restaurant to fail in the
50 first three years, it was a bit surprising to hear that Mussells was in the red because I was aware of Mussell’s

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1 “good buzz” in the community and positive critic reviews in the Magnolia Free Press and Restaurant Critic’s
2 Magazine.
3
4 I toured the restaurant facilities the following day, January 5th to get a feel for the day-to-day management
5 and to get an overview of the financial records and record keeping of the business. I advised Ima that in
6 order for me to do a complete financial review, audit and forensic investigation, I would need complete
7 access to all accounting records for a period of two weeks starting January 8th for a flat fee of $6,500. I
8 would work on their premises, so that I could have access to all of the records and they could continue
9 business as usual. That arrangement also gives me the opportunity to make observations of suspicious
10 activity that I might not otherwise know. Ima agreed to the arrangement. Because I knew that the
11 restaurant was on shaky ground, I demanded to receive my fees in advance. Ima paid me out of his/her
12 personal funds.
13
14 During my brief discussions with Ima, I could tell that he/she was accounting-challenged. Ima has great
15 creativity with food preparation, restaurant style, and service, but more or less left Sunny Beach to handle
16 the financial matters of the business. I was not present when Ima informed Sunny that I had been engaged
17 to do the forensic investigation, so I cannot state what Sunny’s reaction was. I didn’t notice anything
18 particularly suspicious from Sunny when I was performing my forensic accounting work for the two-week
19 period. Well, there were two times when Sunny would be back in the office area with me and I had some
20 cancelled checks, bank statements and ledger cards on the desk, and Sunny accidentally spilled coffee all
21 over the records. At first, I thought it was an accident. The second time, I thought Sunny was either
22 clumsy or perhaps was doing something more sinister in obliterating the records. Also, I did overhear a few
23 conversations that Sunny had on the phone – once the first week I was there, and then 2 or 3 times the
24 following week. Sunny told the person on the phone “I promised you I would get the money, just give me
25 time,” and “There’s no need to use threats, you’ll get your money” and “Yes, I remember what happened
26 last time when the payment wasn’t timely, please don’t, that won’t be necessary. I’ll pay you, I promise.”
27 She was upset by the calls, but didn’t seem scared. Initially, I thought Sunny’s conversations were with a
28 vendor. In the restaurant business, if you can’t pay your bills, the deliveries stop, and the business will go
29 belly up. In retrospect, I think these telephone conversations were probably between Sunny and Eko Priest.
30 Eko was probably threatening Sunny, if she didn’t pay her gambling debts. I never heard who was on the
31 other side of the conversation or what the caller said, and Sunny never spoke about it with me. During the
32 first week I was there, Sunny came into the restaurant and had a burn mark on her hand, and another time
33 she had bruising on her neck, like someone had grabbed her neck hard. I didn’t ask any questions.
34
35 During the two-week period I was at the restaurant, I frequently saw a person in the shadows in the alley
36 across the street from the restaurant’s back door. At the time, I just assumed they worked at the business
37 across the street and were taking a cigarette break. I now recognize the person lurking in the alley to be Eko
38 Priest. If Priest were in the same position on the night of January 23rd, he/she would have a good view of
39 anything going on outside the restaurant’s back door to the kitchen. Despite the darkness in the alley, there
40 was a light right above the back door’s entrance to the restaurant.
41
42 Restaurants are notorious for losing money due to employee embezzlement. The most common cash fraud
43 scheme is skimming. Skimming is the process by which cash is removed from the company before it enters
44 its accounting system. Retail establishments and particularly restaurants where cash is used frequently are
45 vulnerable to this type of scheme. A related type of scheme is to ring up a sale for less than the actual
46 amount. The fraudster then pockets the difference between the actual sale and the amount on the register
47 tape. Employees may also ring up a sale and then void the same sale, thereby pocketing the cash from the
48 register.
49

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1 If an employee collects the cash and also makes the bank deposit, they have an excellent opportunity to
2 misappropriate company funds. For example, an employee in the food services industry may receive the
3 daily receipts from the cashier, along with the cash register tapes. The employee would then mutilate the
4 register tapes so they could not be read. With the evidence now destroyed, the employee would pocket a
5 portion of the day's receipts and deposit the balance. If the daily deposit amounts are not compared with the
6 cash register tapes, the fraud can go undetected.
7
8 Checks can also be the instrument of fraud. Employees with signature authority can make checks payable to
9 cash or to themselves personally. Someone with check signatory authority can simply write the check to
10 themselves or cash, mark the check as being void in the company's check register and then inflate the
11 amount of another check written to a company supplier for inventory. When the bank statements are
12 received, the employee merely removes those checks and destroys them.
13
14 Kiting is the process whereby money is received but not recorded immediately on the books and is then
15 embezzled by an employee. As money continues to come in, the money that is received subsequently is
16 applied to the prior receipts that were not recorded previously. Thus there is a continuing lag of funds from
17 the actual receipts, but it is covered up because the money is deposited later.
18
19 In performing my forensic investigation, I reviewed the following financial and business records: general
20 ledger, journal entries, adjusting journal entries, trial balances, checking accounts, cancelled checks, deposit
21 slips, cash register receipts, order tickets, and vendor invoices. I also personally interviewed Ima Freeman
22 and Sunny Beach, as well as a couple of the restaurant employees to understand the flow of money, and
23 internal controls present in the company. Although both Sunny and Ima had authority to sign checks,
24 Sunny primarily assumed that role. Ima managed the kitchen staff, the menus, ordering food supplies,
25 scheduling employees, reservations, and keeping the customers happy. Sunny primarily operated the cash
26 register during business hours and managed the financial aspects of the business.
27
28 During the first week of my investigation, I started to strongly suspect that Sunny Beach had been stealing
29 from the restaurant. I don’t believe I mentioned my suspicions to anyone. I seem to recall both Sunny and
30 Ima asking me how the investigation was proceeding, but I typically would not verbalize any conclusions
31 until my investigation was complete. I am all about precision and accuracy, which is part of my draw to
32 accounting. In my view, it is important to have all your facts and figures together before any conclusions
33 are announced.
34
35 After I had completed my two-week forensic investigation, it was evident that Sunny had been taking cash
36 from Mussells for some time. I found evidence of each of the typical embezzlement schemes mentioned
37 previously. For example, skimming had occurred. There were several instances where one of the waiters or
38 waitresses had a carbon copy of an order ticket in their book, but the order was not included on the cash
39 register receipt for the day. An example of this is shown on Exhibit 2. The check marks on the cash
40 register receipt are my notation for crosschecking the order tickets to the daily cash register receipt. I
41 cannot say for certain that the skimming is attributable to Sunny. Someone else could have been managing
42 the cash register at the time. However, in looking at the events as a whole, there are events that I can
43 directly point to Sunny. For example, certain daily cash register tapes did not match to the deposit that was
44 made. These deposit slips were written in Sunny’s handwriting, and were part of her normal job
45 responsibilities, and not the responsibility of any other employee. Thus, as you will see from Exhibit 3,
46 which has the deposit slip in the amount of $587.93 on Tuesday, August 11, 2009, even though the cash
47 register tapes show receipts from Friday in the amount of $2299.61 and Saturday for $3089.57. Finally, I
48 encountered checks that were written to cash or to Sunny and were shown as void in the check register, but
49 actually cleared the bank. In order to balance the account, another check in the check register and ledger

13
1 accounts were manipulated to increase the payment to cover the amount of the “voided” check to Sunny.
2 Exhibit 4 is an example of this occurrence.
3
4 In total, I uncovered 67 instances of embezzlement committed by Sunny Beach totaling $273,958 over the
5 past 2 years. It appears that no embezzlement occurred during the first year that the restaurant was in
6 operation. Of the 67 instances of embezzlement, more than half occurred in the 6-month period prior to
7 January, 2010. Unfortunately, the embezzlement has left Mussells with little to nothing. Mussells is
8 operating at a net loss of $164,554 and a negative cash flow. Vendors have refused to supply product to the
9 restaurant until outstanding accounts payable are brought current.
10
11 I broke the news to Ima on Friday, January 22, 2010 about 4:00 p.m. I informed Ima that my forensic
12 investigation revealed that Mussells was bankrupt due to numerous occasions of embezzlement by his/her
13 partner, Sunny Beach, and that the amount embezzled was $273,958. At first, Ima appeared to be in shock,
14 repeating several times, “How could this happen?” The more I explained to Ima the specifics of the
15 embezzlement and giving him/her examples of the skimming, check fraud, and deposit manipulation, the
16 more I saw pure rage in Ima’s face. Ima seemed consumed by his/her rage, and he/she said, “Well, I’ll
17 make Sunny pay for this. She won’t make a fool out of me.” Ima told me that I had done my job and could
18 leave and that he/she would confront Sunny alone.
19
20 I had left the building when I realized that I had left my favorite mechanical pencil on the desk in the office
21 area. When I went back to retrieve my pencil, I overheard Ima talking to Sunny in strained, but controlled
22 hush tones. I couldn’t hear everything that was said clearly because I was standing near the kitchen door to
23 the hallway by the office and the kitchen employees were pulling out pots and pans in preparation for the
24 supper crowd and making loud clanging noises. But, I’m pretty sure, I heard Sunny say something about
25 gambling and then Ima said Sunny had to come up with the money right now and threatened to kill Sunny.
26 I don’t know the exact wording Ima used because of the background noise. And then I heard Ima say quite
27 clearly, “You’ll get what you deserve.”
28
29 While I was reviewing the company records, I also came across a Buy-Sell Agreement for the restaurant.
30 The Buy-Sell Agreement provides that in the event of death of either partner, that the other partner shall be
31 the beneficiary of a $500,000 insurance policy. A true and accurate copy of an excerpt of the Buy-Sell
32 Agreement is attached hereto as Exhibit 5. So, upon Sunny’s death, Ima was the recipient of a $500,000
33 payout from the insurance policy. It is not unusual, however, for partners in a business to have a buy-sell
34 agreement in place, funded by insurance. Actually, it is a smart business practice because you are planning
35 for contingencies of someone’s death and what happens to their partnership interest in the business. You
36 don’t want the family coming in and trying to manage the business too. You want to be able to buy them
37 out.
38
39 I believe I have an excellent reputation among my peers in both audit work and forensic accounting. All of
40 my peer review examinations have yielded outstanding results. I did have one malpractice action filed
41 against me about 5 years ago relating to tax preparation work I had performed, specifically with a car
42 dealership’s inventory. My insurance company paid a small nuisance settlement to make it go away, but the
43 settlement papers specifically state that I deny liability. The case was dismissed against me.
44
45 I affirm under penalty of perjury that the foregoing is true and correct to the best of my belief and
46 knowledge.
47
48
49 Dawson Diggs .
50

14
1 Statement of Hurley Hugo
2
3 My name is Hurley Hugo. I am a detective with the Jackson Police Department. I am a twenty-year veteran
4 of law enforcement and hold a Bachelor's degree in Law Enforcement Administration from University of
5 Mississippi. During my career, I have been involved in every type of criminal investigation at the local, state
6 and federal levels. For six years, I served as a member of the Mississippi Attorney General’s Task Force on
7 Organized Crime, working in an undercover capacity. I use the information I learned during my time as an
8 undercover agent to investigate crimes where there is a suspicion that organized crime might be involved. I
9 work closely with the Metro Gang Task Force, the Mississippi State Police Department, and the Jackson
10 FBI office. I also work with the Mississippi Bureau of Investigation. Besides my work at the Jackson Police
11 Department, I am on the teaching faculty at the Mississippi Police Academy and the Federal Law
12 Enforcement Training Center in Glyco, Georgia. I have also been a guest lecturer for Assistant United
13 States Attorneys at the Department Of Justice, Office of Legal Education Training Center in New York.
14
15 As a lead investigator for the Mississippi Attorney General's Task Force on Organized Crime, I have made
16 numerous arrests and have been credited with assisting in the prosecutions of numerous men and women
17 connected with organized crime. I have received numerous awards for my work including the Medal of
18 Valor, Meritorious Service Medal, The Mississippi Bar Association's Law Enforcement Official of the Year
19 2000, and the J. Edgar Hoover award. My efforts have also been the focus of a story in Newsweek, ABC
20 Television News Program 20/20 and The Oprah Winfrey Show.
21
22 I really get irritated when people bring up the two times that I was investigated by Internal Affairs (IA) for
23 possible corruption and connections to the mob. I was accused of evidence tampering and rigging the case
24 involving Eko Priest and his/her brother Diamond Jim so that they escaped conviction. Nothing could be
25 farther from the truth, and I swore to myself there would be another day when I would bring them down.
26 Bringing up the IA investigations is just an underhanded attempt by defense counsel to discredit me and let
27 a guilty person go free. It was a long time ago and nothing came of the investigations. I was never indicted,
28 never suspended, and never reprimanded. Naturally when you’ve infiltrated the mob, there is always a blur
29 in the public or outsider’s view as to where your loyalties are. But, if you’re going to play the part of an
30 undercover agent, you have to be convincing - - or you don’t survive. I got pretty good at acting and
31 sometimes, I admit, it was hard to separate the two lives. But, I wanted nothing more than to nail Eko for
32 the heinous crimes he/she has orchestrated. Yes, I developed connections with Eko Priest, but only to use
33 it against him/her and other violent loan sharks.
34
35 It’s ironic that anyone would accuse me of trying to pin this on Ima Freeman as a subterfuge to let Eko go
36 free again. I wanted nothing more than to finally nail Priest. The reason I was called into this case is
37 because it initially appeared like a mob hit. We had an eyewitness identify Eko outside Mussells on the
38 evening of January 23rd. We knew that Sunny Beach owed Eko over $200,000 in loans and interest from
39 gambling. There was evidence of threats made upon Sunny, and evidence of physical violent “messages,”
40 such as cigarette burns, when Sunny had not come up with promised payments. And being iced in a cooler
41 is a typical mob hit because it sends a message to others who owe the loan sharks money. Based upon that
42 evidence, I had Priest arrested for the murder of Sunny Beach. My original investigation report documents
43 my initial findings and conclusions. Exhibit 6 is a true and accurate copy of my investigation report.
44
45 But two things gnawed at me. First, I would have expected to find some additional physical violence that
46 had occurred prior to Beach’s hypothermia. Typically, loan sharks or their soldiers like to rough up the
47 victim before they pronounce the death sentence. A strong message to other potential deadbeats is
48 paramount. In this case, there were no signs of struggle or physical violence. Beach’s body was void of any
49 recent physical abuse. Second, according to Dawson Diggs’ forensic accounting investigation, Sunny Beach
50 had been making payments to Priest, and therefore continued to be a source of income for Priest. Loan

15
1 sharks typically don’t cut off their source of revenue unless it dries up completely or they feel threatened. I
2 didn’t see that to be the case for Sunny Beach.
3
4 My first and foremost responsibility is to uphold the law. I had to maintain my objectivity throughout my
5 investigation regardless of how much I might have wanted to implicate Priest. While maintaining my
6 objectivity, I continued the investigation and supplemented my initial investigation report. Exhibit 7 is a
7 true and accurate copy of my supplemental investigation report. Upon completing my investigation, it
8 became clear to me that Ima Freeman had murdered Sunny Beach. Motive was clear. Diggs had informed
9 Ima that Sunny Beach had been stealing money from the restaurant. Beach’s death was a payback in more
10 ways than one - -not only for vengeance, but also to pay back Ima $500,000 through the Buy-Sell life
11 insurance policy. Ima was angry when he/she learned about the theft and the company’s bankrupt
12 condition. More than one witness heard Ima threaten Sunny. Plus, Ima had the opportunity; Priest had
13 staked out Mussells the night of January 23rd and overheard the two arguing outside the kitchen’s back door
14 and Freeman brandishing a kitchen knife and forcing Sunny back into the kitchen.
15
16 Unfortunately, there is no accurate way to establish time of death merely by observing the body since it was
17 frozen. Thus, as a police detective, I’m trained to use other means, such as witnesses, neighbors, unopened
18 mail, or other testimonial or physical evidence. The last person who was with Beach was Freeman. Upon
19 investigating Beach’s home, it was apparent that she had not come home since Saturday evening, January
20 23rd. She had not retrieved her mail or picked up any voicemail messages at home or on her cell phone. It
21 is obvious that this was no accident. The padlock to the cooler was locked from the outside and Sunny
22 Beach told us what happened through her own words. She identified her assailant’s name on the freezer
23 floor with frozen bacon strips. Using the bacon strips stored in the cooler, she spelled out “Killer – I.”
24 Exhibit 8 is a true and accurate photograph of the clue left behind by Sunny Beach.
25
26 Additionally, it became quite evident that this murder was not committed in the heat of passion but rather
27 was premeditated. Mussells had been operating for three years prior to this incident. Freeman purchased a
28 lock for the freezer when Sunny Beach was suspected of stealing from the business. Freeman contemplated
29 and planned the whole thing out, forcing Beach into the freezer, locking her in over the weekend, and
30 making it appear that the loan sharks were making a typical mob hit. But, Freeman was careless. Freeman’s
31 fingerprints are all over the lock to the cooler, freezer door, and the kitchen knife, and Freeman didn’t
32 realize there was a witness lurking in the dark shadows in the alley facing the kitchen’s back door. We did
33 not find Priest’s fingerprints anywhere in the restaurant. Sawyer Scheme might have tried to reach me to tell
34 me about something with this case, but I never spoke with Sawyer Scheme. Sure, I know a detective
35 generally follows all leads, but in this instance, I knew every minute I spoke with Sawyer was a minute
36 wasted of my life that I would never get back. He/she is a notorious con-artist, always looking for another
37 angle to play. It wasn’t worth my time. Also, I’m not in control of the evidence room, so this angle that I
38 tampered with the evidence in this case is not only way off based, but is offensive to me as a person sworn
39 to serve justice and to uphold the law.
40
41
42 I affirm under penalty of perjury that the foregoing is true and correct to the best of my belief and
43 knowledge.
44
45
46 Hurley Hugo .
47

16
1 Statement of Eko Priest
2
3 My name is Eko Priest. Most people refer to me as “Eko.” I got no formal education. I got my best learn’
4 off the streets of Birmingham, where I was born and raised. I dropped out of high school at 16 to go into
5 the family business. I’ve been in the family business since then, about 20 years. The family business is just
6 your garden variety regular, ordinary business. You offer a service; you get paid for that service. Just like
7 the lawyers in this case. I occasionally loan money to people and those loans are interest bearing -- just like
8 a bank. I don’t see the need for promissory notes. People know they owe me when I loan ‘em money, and
9 I expect ‘em to pay. I don’t need a piece of paper to get ‘em to pay me. That’s not how I do business. If
10 someone didn’t pay me, I’d remind them firmly that their payment’s due, and then bada boom, bada bing –
11 they’d find a way to come up with the money. I can be very persuasive. I am not a loan shark -- that would
12 be illegal. I’m not a member of the mob or organized crime. All I know about the mob I learned from
13 James Cagney, Al Pacino, and Marlon Brando in the movies. I know nothin’ about how the mob kills
14 people.
15
16 I’m testifying in this case because the prosecutor made me an offer I couldn’t refuse. By testifying and
17 telling the truth, the prosecutor has agreed to drop the charges against me for loan sharking ‘cause of my
18 “business deal” with Sunny Beach. This is not my first scrape with the law. The cops have had it in for me
19 for a while - always looking to nail me with something. Now and then they’ve busted me for some petty
20 crime, just to flex their muscles some. I ain’t scared. I never did time in the slammer for more than 90 days.
21 My rap sheet started back when I was a juvie [juvenile]. All of the charges have come from the Mississippi
22 police. I ain’t never had any trouble with the Birmingham police. In 1986, I was convicted of criminal
23 mischief and just had to do some road crew work. In 1987, I was convicted of criminal trespass, and got a
24 suspended sentence, and was on probation for a year. In 1994, I was convicted of intimidation, and did
25 about 30 days in the cooler. Then, in 2003, I was charged with bribery, but I was never convicted. That’s
26 the case that involved Detective Hugo. Hugo was accused of evidence tampering, but it was all a big
27 hullabaloo. In 2004, I was charged with arson, but the prosecution dismissed the case because the
28 eyewitness ended up missing. Then in 2005, I was convicted of gambling and did time for 90 days. In 2006,
29 I was charged with loan sharking, and the case got thrown out because I didn’t get a speedy trial. In
30 September, 2009, I was charged with simple assault and aggravated assault, and those charges are still
31 pending. I’m not worried about that charge either. Fuhgeddaboutit - these things have a way of going away.
32
33 They also tried to pin Beach’s murder on me. No way. I may not be squeaky clean, but I ain’t a murderer.
34 You can ask anybody. Why would I kill Beach? She was makin’ good on what she owed me. Sure, I was
35 keepin’ tabs on her. Sometimes folks that owe you some dough think about skippin’ town. If Beach left
36 town it would be to look for a big score. She always wanted to get some action. Mostly she just would go
37 to goulash joints lookin’ for a live game. A goulash joint is a restaurant or bar that runs a regular card game
38 hidden in a back room. A live game is a game with lots of betting action. She was often playing the rush -
39 she enjoyed a short-run of good luck by winning a very large pot of money in one hand. Before Beach
40 started the business, she would, at times, gamble for six days a week, eight hours a day for several weeks and
41 lose thousands of dollars. Beach recently was a desperate gambler looking for a big score to erase her many
42 personal and business debts. She frequently was tapping out – you know losing her entire gambling
43 bankroll and then have to stop playing. But she wasn’t a pigeon, you know, an unsophisticated gambler. I
44 would’ve stopped her, if I thought she was dead money. Dead money is an inexperienced player who has
45 virtually no chance at winning. But I believed she still had a few aces up her sleeve. It ain’t smart business
46 if I invest in losers, now, is it?
47
48 At the time of her untimely death, she owed me over $200,000 due to her gambling losses, but she had
49 made good on nearly $300,000 of gambling losses before then. I never concerned myself much with where
50 Beach got her money. I just figured she had that ace in the whole. Anyway, I wasn’t too worried at the time

17
1 that I’d get paid. But, I haven’t lasted this long in this business by trusting people carte blanche. So I
2 started keeping closer tabs on Beach. I wanted to make sure payments were coming. I have no recollection
3 of choking her. I have no recollection of burning a cigarette butt on her wrist. Beach was a smoker. She
4 could’ve burned herself accidentally. I don’t recall threatening her. Sure, I asked her about when she was
5 going to pay me, but that’s all I recall of our conversations.
6
7 I tailed Beach for the two weeks before she died. On the night of January 23rd, I had staked out Mussells
8 across the alley from the back door to the kitchen. Beach was outside in the alley smoking a cigarette. It
9 was after hours and I had thought everyone else had left. To my surprise, Freeman came storming out of
10 the kitchen back door and started arguing with Beach. Freeman was in a fit of rage. I didn’t hear the entire
11 conversation because my cell phone rang and distracted me, but I heard almost all of it. Freeman said that
12 Beach had ruined the business, the restaurant was bankrupt, and was going to have to close, yaddi-yadda-
13 yadda, all because of her gambling debts. It was then I realized that the money was coming from Mussells
14 all along. Then I saw Freeman brandish a kitchen knife and point it at Beach forcing her back into the
15 kitchen and toward the cooler. I could see everything pretty clearly. The alley is only 15 feet wide. And
16 there is a security light that beams directly over the back kitchen door to the restaurant. I know it was a
17 knife I saw because it glimmered when the security overhead light shone on it when it was at an angle. It
18 was about 6 inches long. I was in the shadows so I’m sure that Freeman didn’t see me. I later positively
19 identified Freeman in a line up at the Jackson Police Department as the person I saw arguing with Beach
20 that night and forcing her toward the cooler by knife point. I didn’t do anything or say anything at the time
21 because, as you can tell from my rap sheet, me and the cops don’t always get along so great. I later saw
22 Freeman leave alone. I waited for an hour and then left, but I never saw Beach again. I told the same thing
23 to Hugo a few days after it happened.
24
25 I was charged initially with killing Beach. Like I said before, I didn’t do it. Hugo was just hoping it was me.
26 I still didn’t say anything about what I saw because I didn’t know at the time how Beach died or where she
27 was located. So I didn’t realize how relevant it might be. Plus, until I had my attorney with me to make a
28 deal on the loan sharking charge, I wasn’t about to say anything about me tailin’ Beach because she owed
29 me money.
30
31 Whatever Sawyer Scheme is saying I said to him/her while we were in the pokey together is just a flat out
32 lie, and Sawyer’s way of getting some deal. Sawyer’s a con artist. Sawyer probably thought that I would be
33 willing to pay some hush money, and then got stuck in his/her lie when the charges against me were
34 dropped. Why would I confide in Sawyer? That makes no sense.
35
36 I affirm under penalty of perjury that the foregoing is true and correct to the best of my belief and
37 knowledge.
38
39 Eko Priest .
40

18
1 Statement of Ima Freeman
2
3 My name is Ima Freeman. I grew up on a farm in Alabama, where life was pretty idyllic. We made a lot of
4 our own foods on the farm, butter, cheese, homemade sausage, homemade ice cream, and I suppose that’s
5 what got me interested in the culinary arts. After high school, I made the giant leap and moved to New
6 York to attend the Culinary Institute of America (CIA). Moving to a big city from a rural community was
7 an eye-opener. I was pretty naïve, and I probably still am today. At the CIA, I trained with world-
8 renowned, classically trained chefs. It was the time of my life. After the 38 months in the program, I
9 received my Bachelor’s degree. It was my dream to one day open my own restaurant, but I was only 21 and
10 I needed to gain more experience and raise some funds. I moved to Birmingham to be closer to my family,
11 but yet be in a big city that could offer me a decent wage and experience. I was thrilled when I landed a
12 position at Crimson Bliss, one of Birmingham’s top-rated restaurants. I worked there for 4 years and
13 developed my skills in a variety of areas. I initially started as a pantry chef, making salads, and cold
14 appetizers such as pâté. I also worked as a pastry chef, which is my passion, and poissonier, or fish chef.
15 After those first two years, I was asked to step in as saucier, responsible for sautéing and making all of the
16 sauces for the restaurant. The next year, I became sous chef, which is the second in command. If I took
17 any time off, I used it only to further my skills. I enjoyed entering culinary ice sculpting competitions. The
18 ice sculpting reminds me of the cold and long winters in New York, which I miss sometimes. I worked long
19 and hard during those years – 6 days a week, usually 10 hour days. But the sacrifices were worth it, if it
20 would help me reach my goal of owning my own restaurant one day.
21
22 I met Sunny Beach at a conference of the Mississippi Culinary Association. The conference was about
23 owning your own restaurant. Sunny Beach was one of the speakers; she seemed very knowledgeable about
24 the management and finances of owning a restaurant business. She had graduated from Vanderbilt with a
25 double major in Foodservice Management and Accounting in 2002, magna cum laude. She was extremely
26 bright, energetic, and had an air of sophistication. She came from money and was well connected. You
27 could tell she had already started to make her mark on the culinary world. After the conference, I made a
28 point of meeting her. She was looking to open up a fine dining restaurant in Jackson, Mississippi and was
29 looking for a co-partner who could focus on the food preparation aspects of the business. I saw this was
30 the perfect opportunity to further my dream of owning a restaurant. What we lacked in experience, we
31 made up for in enthusiasm and passion of fulfilling our dreams. She convinced me that Jackson, Mississippi
32 was the best place to start a restaurant like we envisioned. She knew what she was doing – if we started
33 somewhere in Birmingham, we’d be just one of a thousand places and the rent would be high. We would
34 have a niche in Jackson and in Mississippi.
35
36 We agreed to a 50-50 split on everything. We each were bringing our respective talents to the table, excuse
37 the pun, and we agreed to each contribute the same working capital. She already had a substantial bankroll
38 of cash to contribute for the start-up. It was like nothing to her to come up with $100,000. I suppose, in a
39 way I resented that, to be perfectly honest. I’ve never been in a position that cash was so easily on hand for
40 me. I grew up modestly, and had been skimping and saving while working at Crimson. I emptied my
41 savings of $40,000 and had to take out personal loans for the other $60,000 that I was to contribute. So
42 everything I owned in my entire life and for sometime into the future would be invested in our restaurant. I
43 had a lot vested in my restaurant, not only financially, but sweat equity, as well. Of course, I knew it was a
44 risk. Whenever you start a business, especially a restaurant, there is always the risk of failure. And if it
45 failed, I’d probably have to file bankruptcy for not only the business, but personally too.
46
47 Sunny took care of all the financial aspects of the business. In hindsight, I should have paid more attention
48 to the financial aspects of the business, but I trusted Sunny and we each had our own area of expertise. I
49 handled all aspects of the food preparation and presentation, including menu selection, working with
50 vendors to order food products, and preparing the food or directing the food preparation. While Sunny was

19
1 fully in charge of finances and management, she also had creative ideas for food presentation or preparation,
2 and every now and then she would jot her menu suggestions for the following week on a piece of paper and
3 leave it for me or Georgia Gallo, our sous chef. On the other hand, I have never really understood financial
4 statements or accounting. Sunny took care of all of that. When we were starting up the restaurant back in
5 June of 2007, it was her suggestion to put in place a buy-sell agreement funded by insurance. I really didn’t
6 understand its purpose, but I signed off on it anyway because she said it was good for both of our
7 protection. She set the amount of the policy and said the income flow from the business would pay for it.
8 Now, I’m thankful that she had the buy-sell in place because it will save the business and me personally. I
9 think of it as her last apology to me for stealing from the business and making things right.
10
11 When we opened in June, 2007, Mussells took off right from the start, and soon became the talk of the
12 town. We had rave reviews from food critics in the Magnolia Ledger and Jackson Times, and we even were
13 featured in the Mississippi Tribune. The business continued to grow over the next three years. We had a
14 steady flow of customers – some very loyal customers from the beginning and new customers every day.
15 Often it was difficult for our customers to get a reservation for a Friday or Saturday evening unless you
16 called weeks in advance. Sunny and I were even contemplating opening a new dining experience near the
17 Bulldog Plaza Theater in Rebville in which we would serve desserts exclusively for the after theater crowd –
18 Sunny had already worked up the business plan and we had decided to call it “Just What You Deserve.”
19
20 I was surprised when Sunny told me that we were running in the red because business was going so well.
21 My initial thoughts were that perhaps our prices weren’t covering our expenses sufficiently, so when I saw
22 that the Chamber of Commerce was presenting a seminar on January 4, 2010 on the topic “Realizing Your
23 Full Potential” to make your business more profitable, I thought I could sharpen my business acumen. The
24 timing was perfect for me to attend the seminar. Sunny had just told me about our financial woes the prior
25 week, and the seminar was on a Monday when the business is closed. We’re closed on Sundays and
26 Mondays. I spoke with Dawson Diggs, an accountant, immediately after the presentation, and hired
27 him/her to do an audit of the business to see where we could improve – perhaps negotiate with vendors
28 more, or change our pricing. I also learned during the seminar that in the restaurant and retail business
29 there is a lot of opportunity for employee theft. I wondered if our food inventory was “walking off” with
30 some of the employees in the evenings. So, the following day, I purchased a key and padlock to secure the
31 food inventory in our cooler. Exhibit 9 is a true and accurate copy of the receipt for the purchase of the
32 padlock, which I kept and filed with the invoices and bills of the restaurant. The only ones who had a key
33 were Sunny, Georgia and me. Sunny told me she thought it was a good idea to use the padlock.
34
35 Dawson Diggs came the on the 5th and did an overview of the restaurant and the financials. I agreed to
36 hire Diggs for the two-week audit starting January 8th. I paid Diggs the money for the audit out of my
37 personal funds, which he/she required to be paid in advance. I think it was around $10,000, but like I said,
38 I’m not good with numbers. The business didn’t have the cash flow to pay for the audit, so I advanced the
39 money. When I told Sunny about doing the audit, she didn’t seem nervous or act suspicious. In retrospect,
40 she always was cool as a cucumber and unflappable, regardless of the situation. I suppose it was a practiced
41 skill from her gambling experiences to have a poker face. Or maybe she thought she had hidden her tracks
42 well enough that we wouldn’t find out that she had embezzled so much money from the business.
43
44 Business went on as usual those next two weeks during the audit. Sunny came in regularly to do her work as
45 she had in the past. Diggs continued to do the audit and when I would ask how it was going, he/she said,
46 “It was still a work in progress.” Then on Friday, January 22nd, I got the shock of my life. Diggs informed
47 me that the audit was complete and that Sunny had been stealing from the business – nearly $300,000! I
48 was stunned. I just couldn’t imagine why she would do that to me - - to us. Sure I was angry, at the time,
49 who wouldn’t be? I probably even said some things in haste, but I wasn’t angry enough to kill. It didn’t
50 even cross my mind! Sure, I said, I was going to make Sunny pay for this – but I meant financially. Sunny

20
1 would have to find the money to make it right. She had lots of rich relatives to help come up with the
2 money.
3
4 I confronted Sunny about the thefts after Diggs had left the restaurant. I was angry, but controlled. I asked
5 Sunny where the money had gone. She then admitted to me that she was a gambler and was in a temporary
6 slump the past 6 months, and was in serious debt to a loan shark, “Eko” she called him/her. She never
7 mentioned a last name for Eko. Sunny told me that she owed Eko over $200,000 and she had already paid
8 him/her over $300,000, most of which came from the restaurant. She had borrowed money from her rich
9 folks to payoff some of her gambling debts, but they told her that it was the last time they were going to bail
10 her out. Sunny explained to me that she had become desperate because Eko had threatened to kill her if she
11 didn’t come up with the money. Sunny described instances where Eko would choke her or put a lit
12 cigarette to her wrist. It was a whole new world that I was unfamiliar.
13
14 Yeah, I felt betrayed by Sunny, but at the same time, I felt scared and sad for her. She was in serious
15 trouble. Her addiction to gambling had taken a promising career in the restaurant business and put her in
16 the gutter with unseemly folks in the underworld. Sunny told me that she thought she could string along
17 Eko a little longer. And in response I said, “no, you need to come up with the money right now, or you
18 could get killed.” Maybe my naïveté was still working overtime, but I thought there might be a way to help
19 her and get the business back on track. I told her that I would loan her the money to payoff the debt, and
20 in exchange she had to agree to seek professional help for her gambling addiction. Sunny agreed. I said,
21 “In exchange I would get her Just What You Deserve partnership interest.” Honestly, I wasn’t thinking
22 everything through at the moment because all of this had taken me off guard. I don’t even know how I was
23 going to come up with $200,000 to help Sunny out of her jam. I was broke. I had put everything into the
24 business and according to Dawson Diggs, the business was going to have to file for bankruptcy.
25
26 I didn’t sleep a wink on the night of the 22nd. I was trying to brainstorm ways to get money for Sunny to
27 get her out of this pickle. I thought maybe Sunny’s best way to get out of this mess was to turn Eko over to
28 the prosecutor for loansharking. I went on the internet and Googled “loansharking” and found out that her
29 contract with Eko was void under the law. I thought she could go to Eko and tell him/her that if he/she
30 didn’t void the loan according to the law, that she would have no choice but to turn him/her in to the
31 prosecutor’s office.
32
33 The next day, Saturday, January 23rd, after the dinner crowd and the kitchen staff had gone for the evening,
34 I decided to tell Sunny my solution to her problems. Sunny stepped out the kitchen door to smoke a
35 cigarette, and I followed her. I told her I couldn’t think of a way to pay Eko because she had taken so much
36 money out of the business, it was bankrupt and was going to have to close. I explained the idea of Sunny
37 telling Eko to void the contract or be turned over to the police or prosecutor. Sunny didn’t think Eko
38 would be receptive, and we argued over it. Finally, Sunny agreed. I didn’t see anyone in the alley when we
39 were talking. I never reported this conversation to the police after Sunny was murdered because I was
40 afraid if I said anything, Eko would come after me too.
41
42 Eko Priest is lying about me threatening Sunny and “brandishing a knife” - - that’s ridiculous! Eko
43 obviously doesn’t want the fingers to be pointing at him/her for Sunny’s murder. Of course, my
44 fingerprints would show up on the kitchen knife, the padlock and the freezer door. I worked in the kitchen
45 and would touch all of those things numerous times throughout the day. The kitchen knife would have
46 been washed that evening and run through our sanitizer. I don’t know if that would have eliminated my
47 fingerprints, but I might have picked up the knife after it was washed to see if it needed to be sharpened. I
48 just don’t remember now. If I were going to murder Sunny, why would I do it at the restaurant where we
49 work and leave my fingerprints on the knife? I also never hesitated when Detective Hugo asked me to give
50 my fingerprints – does that sound like someone who is guilty?

21
1
2 The last time I saw Sunny was about 10:30 p.m. We were locking up to go home for the evening, but Sunny
3 was going to stay later to jot down her notes of some ideas she had for next week’s menu. I found the note
4 that she had written which had slipped behind one of the kitchen workstations. Exhibit 10 is a copy of the
5 note that Sunny left for the menu ideas she had for the following week. I started to lock up the cooler, and
6 Sunny told me she would lock it up because she had to check to see if we had the necessary ingredients.
7 She said she would lock up the cooler and the backdoor when she left. As I was leaving out the kitchen
8 back door, I saw a person in the shadows in the alley about 15 feet away. Detective Hugo’s diagram
9 attached to his/her police report is an accurate representation of the layout of the restaurant, as well as the
10 street and alley. When Sunny was found murdered, I told Detective Hugo about the person I saw, and I
11 went to the police station and looked through a bunch of mug shots. I was able to identify the person I
12 saw as Eko Priest.
13
14 Given Hugo’s prior evidence tampering, I know now why the original of Sunny’s note, Exhibit 10, was lost
15 in the evidence room. The inkdating tests would have shown that Sunny’s note was written on the night of
16 her death, which would have shown that I’m innocent. I’m certain Eko is responsible for Sunny’s murder.
17 I would not, and did not, kill Sunny. We had made amends and we were going to figure out a solution
18 together.
19
20 I later found out that the insurance policy for the Buy-Sell Agreement is $500,000. Because the business has
21 a negative bottom line now and there had been no updated value of the business, Sunny’s estate would not
22 share in those proceeds because her interest is currently worthless. However, it is my intention to share a
23 portion of those proceeds with her family. The insurance money has not been issued yet because there is an
24 exclusion clause under the insurance policy if a beneficiary under the policy intentionally caused her death.
25
26 I affirm under penalty of perjury that the foregoing is true and correct to the best of my belief and
27 knowledge.
28 Ima Freeman
29
30

22
1 Statement of Sawyer Scheme

2 My name is Sawyer Scheme, but people call me Sawyer. I have aliases too, but I haven’t used them for over
3 a year. I am 27. I grew up in Atlanta, Georgia. It wasn’t your “Everybody Loves Raymond” sort of
4 atmosphere around home, so I ran away when I was 17. I’ve moved around a lot since then – mostly in
5 Alabama and Georgia – and used my charmin’ personality to make ends meet. I ain’t gonna lie to you, I’ve
6 definitely had my run-ins with the law. In 2000, I was convicted of larceny because I took someone’s
7 property as ransom because they owed me money. I also served time for uttering a forgery in Alabama in
8 2001 and again in 2003. In 2004, I was charged with insurance fraud, but the charges were later dropped.
9 About a year or so ago, I left Alabama because it was getting a little hot for me with the law and some
10 people who thought that I had scammed them. I came to Mississippi looking for a new life, and thought I
11 could put all the past behind me and start over. I’m shootin’ you straight here – I stole someone’s
12 identification information, and immediately got busted for it. I pled guilty, and am currently servin’ time in
13 the slammer.

14 The jail was getting overcrowded, so they were movin’ a bunch of the inmates from Rebville to Jackson.
15 On the day they moved me from Rebville to Jackson, they were movin’ Eko Priest too. We were in the
16 wagon together. The drive between Rebville to Jackson takes about a half hour, so we had lots of time to
17 talk. We had run into each other several times before at some of the riverboat casinos, where I was lookin’
18 for some easy mark, and Eko was shakin’ someone down for money they owed. Eko was a shylock. You
19 know, someone who lends money at an extortionate rate of interest. I stayed out of Eko’s way, and never
20 turned him/her in, so Eko trusted me. But that was just petty stuff, this was murder – capisci?

21 We was just chattin’ you know, like “what you doin’ time for” and yaddi yadda yadda. And Priest tells me
22 that he/she was arrested for murder, but was gonna get out because he/she had connections inside. Priest
23 didn’t tell me who was on the “inside.” I figured it was a bent cop. So, Priest starts telling me the whole
24 story. Priest says this person, Sunny, was into Priest for some big money. Sunny had one foot in two
25 different worlds, a business world and a gambling world and walked a fine line between the two. I knew
26 Sunny Beach, but didn’t know she had been whacked. Beach had been in some of the riverboat casinos that
27 I went to.

28 I had watched Beach play. She was a maniac. In poker, that means a player who plays very loose and
29 aggressive, often raising with just about anything. Priest said she was a “fish,” a poor player, and that
30 he/she should have had Beach swimming with the fishes long ago. Beach was on a “tilt,” according to
31 Priest. "Tilt" is a poker term for a player who has played too long, lost too much money and no longer has
32 any sense of judgment. Priest said “Once you're on a tilt, you're making bad decisions, you're putting
33 yourself in bad situations.”
34
35 Priest said he/she had recently learned, “Beach had bled her business dry, and was worthless.” Beach
36 couldn’t even make payments for the juice - the interest on the loan. Priest said he/she overheard Beach
37 say that she was going to threaten Priest with going to the cops if Priest didn’t walk away from the money
38 Beach owed him/her. Now, don’t ask me, but that would be a stupid thing to do. Like some loanshark is
39 going to say, “oh yeah, please don’t turn me in, and I won’t make you pay me the money you owe me.” So,
40 Priest says to me, with no emotion or nothin’, like it was just another day in the park, “So I had Beach iced.”
41 And when he/she said “iced” Priest didn’t mean go to the refrigerator to cool down, if you know what I
42 mean. Priest said he/she wanted Beach to suffer too, because it was no longer just ‘bout money, but Beach
43 thinkin’ he/she could turn on him/her. So Priest said he/she forced Beach into a cooler for a slow death.
44

23
1 Priest also told me that he/she did a good job of “cleaning.” Priest said he/she covered his/her tracks to
2 make sure it didn’t come back on him/her. Priest described to me how he/she wore gloves so his/her
3 finger prints would not be there.
4
5 I tried to call Detective Hugo twice to tell him/her what Priest told me. But, Hugo never showed up to my
6 cell. Freeman did come to see me when he/she was out on bail. I don’t know how he/she heard that I
7 knew anything. Normally, I’m no stoolie, but my soft underbelly got the better of me; I thought I should
8 help an innocent person. Ima was naïve and vulnerable, and was gonna take the rap for this. I couldn’t let
9 that happen when I knew the truth. Freeman said he/she would make it up to me somehow. But, I said,
10 “Fuhgeddaboutit.”
11
12 You know, I got no reason to lie. Whatta I get out of this? It’s not like I’m testifying for the prosecution
13 and gettin’ a reduced sentence. And it ain’t like, Freeman’s got dough to pay for my testimony. There’s no
14 reason for me to make this stuff up. Plus, how would I know so many details? And this cockamamie story
15 about me havin’ to stick with a story once I started down that road is crazy. I’m in enough trouble as it is –
16 I don’t need perjury on my rap too.
17
18 I know you gotta wonder why Priest would blabber all of this to a low life like me. I’m a nobody. I think I
19 was just a tool for Priest. Priest probably wanted to get word out on the street that he/she means business
20 so that people would fear him/her, pay their debts and not turn on him/her. When you’re in that racket,
21 the best thing ya’ got goin’ for ya’ is the fear factor. Priest probably wasn’t worried about sayin’ he/she had
22 killed Beach because with his/her “inside” connections, there was no way he/she was going to see the four
23 walls of a cell.
24
25 I affirm under penalty of perjury that the foregoing is true and correct to the best of my belief and
26 knowledge.
27
28 Sawyer Scheme .
29

24
1 Statement of Morgan Mystery
2
3 My name is Morgan Mystery. I am a Professor of Criminology at Auburn University in Auburn, Alabama. I
4 am also a licensed private investigator in the States of Mississippi, Tennessee, Georgia and Alabama. A true
5 and accurate copy of the abbreviated version of my curriculum vitae is attached as Exhibit 11. Of course, I
6 have had many more publications, such as journal articles, and chapters written for books, book reviews,
7 and a host of seminar presentations and lectures. But I presume the abbreviated version of my curriculum
8 vitae will demonstrate that I am well-recognized as an expert in the study of organized crime.
9
10 Reliable information about organized crime is not always easy to obtain. However, I have devoted my
11 research and teachings to organized crime, including the historical background of organized crime, theories
12 and research, specific crime groups and their operations, and law enforcement strategies to counter
13 organized crime. I am currently a co-director of the International Association for the Study of Organized
14 Crime, a professional association of criminologists, researchers, teachers and students, founded in 1984,
15 which holds meetings in conjunction with American Society of Criminology. IASOC works to promote
16 greater understanding and research about organized crime in all of its manifestations.
17
18 A significant portion of my research and studies has been on the type of crimes, and particularly murder,
19 committed by people within organized crime. The underlying crimes in organized crime are the typical
20 selection of preferred mob rackets and methods: loan sharking, bookmaking, extortion, income tax evasion,
21 and income tax fraud. Intimidation, violence, murder and obstruction of justice are used to further their
22 goals. The wise guy life is a sharp and cocky, cash-driven subculture. Sure they can come across as good
23 fellas, and some are not complete strangers to doing some good, but ultimately the colorfully monikered
24 gangsters accomplish their deeds through deception, intimidation, violence, and murder.
25
26 Men and women within organized crime have a particular signature when committing crimes, which takes
27 one of two avenues: either (1) committing the crime in such a heinous fashion so as to send a message to
28 other would be wrong-doers against the mob/mafia, or (2) skilled use of hiding the crime or their
29 connection to it. An example of the former is the Italian rope trick. The Mafioso wraps a rope around the
30 victim's neck and a tug of war ensues as the victim is strangled to death. Also as a public warning, the mob,
31 on occasion, tied victims to a tree in the wilderness and slashed the victim to draw blood for wild animals to
32 feed upon.
33
34 Organized crime’s use of hiding the crimes or their connection to the crime definitely has its own signature.
35 Each mob group has their own preferred style, but often word spreads of another group’s style and
36 sometimes there are copycats among the mob. And, compared to a non-career criminal, it is far more
37 sophisticated and skilled. We’ve probably all heard of “swimming with the fishes” in which the mob would
38 tie the victim to a cement block and throw them in a body of water. Another popular “signature” method
39 of the mob is to hide a corpse in a false bottom of a casket of another person. Other disposal methods
40 included dismemberment, burial, or placing the body in the trunk of a car and having it crushed in a
41 junkyard.
42
43 Mafia gangsters also would often kill and dispose of the body into a barrel. The barrel would be dumped in
44 the ocean or shipped by rail to another city. The last known highly publicized barrel murder was reported in
45 1976 when the body of Johnny Roselli was found in a 55 gallon oil drum in the Florida Everglades. Roselli
46 was a conspirator with U.S. CIA's plot to assassinate Fidel. Another example is Ice Pick Willie Alderman
47 from Minnesota. This method of murder is done to make it look like the person died of natural causes.
48 Surrounded by four killers, an ice pick is forced through the victim' eardrum that goes into the brain. This
49 causes a cerebral hemorrhage and can often be difficult to detect.
50

25
1 One of the more notorious mob men is Richard Kuklinski, who earned the nickname "Iceman" following
2 his experiments with disguising the time of death of his victims by freezing their corpses in an industrial
3 freezer. The condition of the body is sometimes the only means available for the field officer to estimate
4 the time of death. Generally, body temperature is used as an indicator post-mortem interval during the first
5 12 to 24 hours of death. Kuklinski himself claims that he used a Mister Softee ice cream truck for this
6 purpose. Later on, he said that he got the idea from a hitman named Mister Softee, who drove a Mister
7 Softee truck to appear inconspicuous. Kuklinski's method was uncovered by the authorities when Kuklinski
8 once failed to let one of his victims properly thaw before disposing of the body on a warm summer's night,
9 and the coroner found chunks of ice in the corpse's heart. This methodology gained some popularity
10 among those involved in organized crime in the late 1990’s and into the 21st Century. It is still fairly
11 common today to find mob victims frozen in industrial coolers.
12
13 I have reviewed all of the statements prepared in this case, Detective Hugo’s Investigation Report dated
14 January 26, 2010 and the diagram of Mussells. I have also reviewed the autopsy report, fingerprint analysis,
15 and all photographic evidence of the crime scene and the victim. It is my understanding that due to the
16 gruesome nature of the photographs of the decedent that these photographs are not part of the evidence of
17 this case with the exception of the photograph of the victim’s dying message to identify her killer. I did not
18 go to the crime scene, nor have I undertaken any independent physical examinations of the victim or
19 fingerprint analysis.
20
21 Based upon my review of the foregoing, and my extensive knowledge and expertise in studying criminal
22 behavior in organized crime, it is my opinion, that Sunny Beach was murdered by a person involved in
23 organized crime. Sunny Beach was significantly in debt to the mob. She had not made recent payments and
24 had been punished in typical fashion by the mob with cigarette burns and strangulation, signatures of Eko
25 Priest. Eko Priest became aware that the restaurant was bankrupt and that there would be no more payoffs.
26 Beach became a liability for Priest, rather than a source of revenue, and even more so if Priest thought that
27 Beach would turn him/her in to the cops. The methodology used in this crime is also consistent with a
28 mob hit. The use of an industrial freezer to hide the victim’s time of death and the “cleaning” of the crime
29 scene is indicative of a sophisticated skill level of crime inherent in organized crime and completely
30 inconsistent with the method and mode of a person committing a crime in the heat of passion.
31
32 I am also extremely critical of the police investigation in this matter. I have done a significant amount of
33 research in the study of corruption in law enforcement. One reason the mafia and mobs have survived for
34 years is, in part, because of a few corrupt police officers, who have lost or tampered with evidence, or tipped
35 off the mob. Detective Hugo should never have been assigned to the investigation of this case. Detective
36 Hugo was previously accused of tampering with evidence involving a bribe from Eko Priest. I am
37 unconvinced that Hugo exerted his/her independence when first arresting Priest. The charges were later
38 dropped and, I believe, it could have easily been a ruse to throw us off. The entire investigation was
39 compromised due to Hugo’s involvement.
40
41 I have been paid $3000 to render an expert opinion in this case. I came into the case with no preconceived
42 notions, and strictly looked at the facts as they were presented. I have spent a total of 4 hours reviewing the
43 statements and evidence, and then I have additional time incurred in providing this statement as well as my
44 testimony in court. I have testified in numerous cases in which organized crime may be a factor. I have
45 testified both for the prosecution and the defense. Normally, my rate is $5,000 to render an expert opinion,
46 but because I went to school with one of the defense attorneys, I have discounted my rate as a professional
47 courtesy.
48
49 I affirm under penalty of perjury that the foregoing is true and correct to the best of my belief and
50 knowledge. Morgan Mystery____________.

26
DAWSON DIGGS, CPA, CFE
2114 Bulldog Avenue
Bull, Mississippi
219-867-5309
Education:
Mississippi State University
School of Business
B.S. in Accounting – May, 1981
Cum Laude, 3.75
Beta Alpha Psi - Accounting Major Honorary, Treasurer
Beta Gamma Sigma – Business Honorary
Top Accounting Student
Luca Pacioli Award

Certifications:
Certified Public Accountant
June, 1981 to present

Certified Fraud Examiner


June, 2003 to present

Employment:
Account-Ability, CPAs (owner)
2114 Bulldog Avenue, Bull, Mississippi
June, 1984 – present

Full service accounting firm, providing a variety of accounting services to our clients including,
bookkeeping, general accounting, audit, tax management and preparation, personal financial
planning, and business valuation. Specialization in forensic accounting, conducting forensic
investigations, utilizing my accounting, auditing, and investigative skills. Instrumental to numerous
investigations detecting accounting fraud.

Arthur Andersen CPA


33 W. Monroe, Chicago, Illinois
May, 1981- May, 1984

Manager. Consumer and Business Products Auditing Division. Audited financial statements of
clients and responsible for management of audit team. Promoted rapidly.

Memberships:
Association of Certified Fraud Examiners (ACFE)
American Institute of Certified Public Accountants (AICPA)
Indiana Certified Public Accountants (INCPA)

27
Continuing Education:
E-Fraud: Preventing and Detecting Technology-Based Crimes (ACFE; July, 2007) Co-presenter

Money Laundering: Tracing Illicit Funds (ACFE; July, 2007)

Advance Fraud Examination Techniques (ACFE; July, 2006)

Computers in Fraud (ACFE; July, 2006)

Contract & Procurement Fraud (ACFE; July, 2005)

Auditing for Internal Fraud (ACFE; July, 2005)

Fraud Prevention (ACFE; July, 2004)

Investigating by Computer (ACFE; July, 2004)

Conducting Internal Investigations (ACFE; July, 2003)

Auditing for Internal Fraud (ACFE; July, 2003)

Principles of Fraud Examination (ACFE; July, 2002)

Building Your Fraud Examination Practice (ACFE; July, 2002)

28
Mussells
9/15/09

1 – Tuna tartar $8.95


1 - Bruschetta $4.95

2 -Lettuce Wedge salads - $9.90

1 - Pork Medallions w/ wine reduction – $19.95


1 - Macadamia crusted Chilean sea bass with
Roasted red pepper coulis - $21.95

1 – side of Roasted Asparagus with 09-15-09


Hollandaise - $5.95
9 96.34
1 -glass house Merlot - $6.95 9 83.24
1 - glass house chardonnay - $5.95 9 164.32
9 54.80
1 – Mini Baked Alaska - $4.95 9 97.66
1 - Flourless Chocolate cake & raspberry 9 123.76
coulis - $5.95 9 114.93
9 82.54
Sub-total $95.45 9 66.44
Tax 5.76 9 79.91
TOTAL $101.21 9 85.56
9 99.33
9 58.75
9 93.99
9 65.00
9 74.45
9 92.34
9 123.98
9 78.78
9 116.43
9 224.56
9 95.87
9 183.24
9 48.56
9 64.34
9 114.56

9 2583.68

29
Deposit

Coins: 43.00
Mussells Cash: 325.00
Acct# 34533245 Checks: 219.93
August 11, 2009 Subtotal:
587.93
Less Cash Rec’d: -0- 08-08-09
Total: 587.93
9 36.54
9 46.78
1st US Bank, Jackson, Mississippi 9 86.98
9 99.00
9 78.84
9 83.45
9 92.34
08-07-09 9 77.44
9 154.36
9 39.65 9 178.67
9 92.34 9 183.77
9 99.00 9 92.34
9 114.32 9 144.68
9 178.67 9 114.32
9 154.36 9 86.45
9 86.45 9 48.56
9 119.60 9 93.25
9 45.54 9 87.36
9 92.34 9 136.45
9 136.45 9 119.60
9 78.84 9 98.46
9 91.70 9 85.16
9 85.16 9 48.56
9 123.55 9 92.34
9 48.56 9 178.67
9 78.84 9 123.98
9 93.25 9 91.70
9 44.21 9 67.18
9 116.87 9 93.25
9 46.78 9 45.54
9 90.91 9 123.55
9 143.22
9 99.00 3089.57

2299.61

30
Mussells 1099
4356 Magnolia Lane
Jackson, MS Date: 7-25-2009

Pay to the order of: Sunny Beach $3000.00

Three Thousand and no/100 Dollars

Sunny Beach

Received: 7-28-2009
1st US Bank
Jackson, Mississippi

Check Register

$11,345.22
7/21/09 1094 Let Us Produce $165.00 $11,180.22
7/21/09 1095 Meat Market $465.00 $10,715.22
7/22/09 1096 Vineyard Wines $455.85 $10,259.37
7/22/09 deposit $825.36 $11,084.73
7/23/09 deposit $923.45 $12,008.18
7/24/09 1097 Laundry Time $122.35 $11,885.83
7/24/09 deposit $654.92 $12,540.75
7/25/09 1098 Supplies Unlimited $93.45 $12,447.30
7/25/09 1099 VOID $12,447.30
7/28/09 1100 Let Us Produce $128.00 $12,319.30

31
PARTNERSHIP CROSS-PURCHASE WITH BUY-SELL AGREEMENT

This Agreement is made June 15, 2007, by and between Ima Freeman and Sunny Beach.

WHEREAS, the above named individuals are partners doing business under the firm name of
Mussells, LLP at 4356 Magnolia Lane, Jackson, Mississippi, the respective partnership interests of
the partners being divided equally; and

WHEREAS, the partners desire to ensure the continuity of harmonious management of the
partnership by providing for the purchase of a partnership interest by the other partner in the event
a partner dies;

NOW THEREFORE, in consideration of the premises and mutual covenants contained herein,
it is agreed by and between the parties as follows:

FIRST: Upon the death of a partner, the surviving partner shall purchase and the legal
representative of the estate of the deceased partner shall sell to such surviving partner, the
partnership interest owned by the deceased partner for the price established in accordance with the
provisions of the SECOND and FOURTH Article.

SECOND: Unless and until a new value is established as herein provided, the value of the
respective partnership interest of the partners for purposes of this agreement is $100,000 each. At
the end of each fiscal year, the partners shall agree upon the value of their respective shares. If the
partners have not made such determination within two years of the death of a partner, an
independent certified public accountant shall determine the value of the deceased partner’s interest.

THIRD: In order to assure the availability of funds for the purchase of the partnership interest
of a partner by the other partner, the partnership has purchased insurance on the lives of each
partner. The partners may purchase additional insurance as deemed necessary.

FOURTH: Upon the death of a partner, the other partner may immediately collect the proceeds
of the policy on the life of the deceased partner. If the proceeds of all the policies on the life of the
deceased partner are not sufficient to purchase the deceased partner’s interest, the surviving partner
shall be obligated to pay the remaining balance to the deceased partner’s estate. If the proceeds of all
the policies on the life of the deceased partner are in excess of the purchase price of the deceased
partner’s interest, the surviving partner shall be entitled to any excess funds.

Upon payment of the purchase price of the partnership interest of the deceased partner the legal
representative of the estate of the deceased partner shall execute and deliver to the surviving partner
such instruments as shall be necessary to transfer complete title to the surviving partner.

IN WITNESS WHEREOF, the partners have executed this agreement the day and year first
hereinabove written.

Sunny Beach . Ima Freeman .

32
Incident Information
Case # 10-124589 Officer H. Hugo
Date of Investigation Time
01/26/10 08:30 am
Location of Incident/Street Address City County
4356 Magnolia Lane– Mussells Restaurant Jackson Magnolia

Type of Incident/Crime/Description of events Homicide – Body located in locked cooler


Persons Involved (full and complete name known)

Victim – Sunny Beach (deceased) DOB: 05/13/82 Female 4’11” 92 lbs


Vehicle Information Make/Model/Year/Color/Style/etc. License State
N/A N/A # N/A N/A
Investigation Report

01/26/10 8:00 am - Called to the scene by Jackson Police Dept. because suspected organized crime hit. Victim’s body
discovered lying on floor of restaurant’s cooler by restaurant cook, Georgia Gallo.

01/26/10 8:30 am – Arrived on scene. Controlled and assessed scene. Diagram of restaurant attached. Body does not appear
to have been moved or compromised. Victim appears to have died from hypothermia; the body is pale and waxy. There
appears to be no recent outward signs of physical trauma to victim or evidence of physical disturbance in cooler. Will wait
conclusions of autopsy. Body lying on floor of restaurant cooler next to bacon strips spelling “Killer – I.” Victim shows some
signs of non-recent physical trauma – ¼” round burn mark on inside of right wrist; bruising on neck consistent with someone
grabbing her at neck. No evidence of break-in at restaurant. Nature of death, use of cooler, is consistent with mob hit.

01/26/10 9:20 am - Interviewed Gallo and other kitchen staff. Victim is co-owner of restaurant. Witnesses state victim’s body
had not been moved prior to my arrival. Gallo arrived at restaurant through kitchen back door at 07:15. No sign of
disturbance noted by witness. Approximately 15 minutes later, Gallo unlocked door to cooler and discovered body, then called
911. Only Gallo and restaurant owners, Sunny Beach and Ima Freeman have keys to lock for doors to restaurant and cooler.
Lock is new to cooler and staff. Some inconsistency in remembering to lock cooler at the end of the day. Gallo and kitchen
staff do not know who would want to harm Beach. Witnesses suspected Beach had a gambling problem and owed money to
loan sharks. Kitchen staff observed Eko Priest lurking in the alley across the street frequently, and most recently on Saturday,
January 23rd. Victim was seen and heard from last on Saturday evening at Mussells up until closing time.

01/26/10 10:00 am – Interviewed Ima Freeman, co-owner of Mussells. Freeman last saw Beach at 8:30 pm on January 23rd at
Mussells. Freeman typically handled menu selection, worked with vendors to order food products, and assisted with some food
preparation. Beach occasionally made menu suggestions, but was primarily in charge of bookkeeping and business
management. However, according to Freeman on Saturday, she had stayed behind to make notes to chef for following week’s
menu. No such notes located. Beach was going to look at inventory in cooler and then intended to padlock cooler door.
Freeman states cooler door was unlocked when he/she left. Freeman had recently purchased a padlock for cooler, due to
concerns of employee theft. Keys for restaurant and cooler padlock were distributed only to Gallo, Beach and Freeman. As
Freeman was leaving the restaurant, he/she noticed a person standing in the shadows in the alley across the street. After being
shown mug shots at the station, Freeman identified person as Eko Priest. Freeman stated that he/she had recently hired a
forensic accountant, Dawson Diggs, to determine cause for company’s financial struggles despite steady business. Diggs’
investigation revealed Beach had been skimming from business. Freeman questioned Beach about thefts on Friday, January
22nd. Beach explained to Freeman that she liked to gamble but had been very unlucky lately, and thus had borrowed money
from a loan shark, Priest. Beach owed Priest over $200,000. According to Freeman, Beach had been physically accosted with a
gun held at her head, cigarette burns, and being choked by Priest to come up with past due payments. So, Beach took money
from business. According to Freeman, Beach said she had become desperate to payoff the debt because her life had been
threatened by Priest. Freeman offered to give Beach a personal loan to payoff the debt, if Beach sought help for her gambling
addiction.

01/26/10 11:30 am – Interviewed remaining restaurant staff. Consistent statements as that offered by kitchen staff. No one
had seen Beach since Saturday evening, but restaurant is closed on Sunday and Monday. Employees were unaware of skimming
by Beach and noticed no suspicious behavior. Several witnesses had observed Priest in alley across from back of kitchen door.

01/26/10 12:45 pm – Went to victim’s residence. No disturbances to residence. Unopened mail from Saturday, January 23rd.
Newspapers from Sunday and Monday were lying on front steps undisturbed. Voicemail messages unretrieved on cell phone
and home phone from Saturday thru present. No unusual calls or mail. Computer spreadsheet of debt owed to Priest showed
balance of $208,500.

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01/26/10 4:30 pm – Interviewed Dawson Diggs. Confirmed had undertaken forensic accounting investigation at the request
of Freeman due to financial struggles in the restaurant business. Diggs started engagement on January 8, 2010 and completed
the engagement on January 22nd. Diggs discovered that Beach had been skimming from company. Total sum stolen by Beach
was $273,958. Diggs stated that Freeman appeared enraged when he/she learned of theft and Freeman said “Beach would pay
for this.” Diggs overheard Freeman confronting Beach later on the 22nd and that Beach would get “what she deserved.” Diggs
also overheard parts of a phone conversation between Beach and unknown person making promises for payment and threats
being made.

01/29/10 – Autopsy results show death caused by hypothermia. No other physical trauma causing death noted. Time of death
cannot be determined through physical examination of the body since it was frozen. Autopsy dates cigarette burns to have
occurred 2 weeks prior to death and strangulation of neck, non-life-threatening, to have occurred less than one week prior to
death.

01/29/10 – Priest’s fingerprints are not detected on padlock to cooler, cooler door, or doors to restaurant, per fingerprint
analysis.

01/29/10 – 1:30 pm – Priest read Miranda rights. Refuses to make statement, and requests to have lawyer present. Priest
arrested.

Signature (required) Detective Hurley Hugo Date 01-29-10

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Diagram of Mussells

Magnolia Lane

Register

Alley
Restrooms

Kitchen
Cooler

office

Key:

denotes door Not to Scale

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Supplemental Investigation Report

Case # 10-124589 Officer H. Hugo


Date of Initial Investigation
01/26/10
Location of Incident/Street Address City County
4356 Magnolia Lane – Mussells Restaurant Jackson Magnolia

Type of Incident/Crime/Description of events Homicide – Body located in locked cooler

Victim – Sunny Beach (deceased)

Supplemental Investigation Report

01-30-10 1:00 pm Priest, in presence of counsel, provides statement. Beach owed Priest over $200,000 due to gambling
losses. Priest says Beach was making payments but he/she had been tailing Beach to make sure she didn’t skip
town. Priest was present night of Jan. 23rd in the alley across street from Mussells back door to kitchen. Priest
observed Freeman arguing with Beach and telling her she ruined their business, and that they were bankrupt and
would not be able to continue to operate. Then Priest saw Freeman brandish a kitchen knife and point it at Beach
making her go back into the kitchen toward the cooler. Priest later saw that Freeman left alone. Priest waited for a
½ hour then left. Beach never left.

01-30-10 4:30 pm-- Freeman brought in for questioning. Confronted with Priest’s statement. Freeman was adamant that it
was all lies, and just Priest’s way of escaping murder. Freeman consents to provide fingerprints.

02-01-10 8:00 am-- Returned to Mussells to retrieve kitchen knife. Several paring knives located and only one kitchen knife
with an 8 inch blade. Sent to lab for fingerprint analysis.

02-01-10 9:00 am-- Diggs questioned further about financial aspects of Mussells. Restaurant is bankrupt. Diggs had advised
Freeman that would have to close business. Diggs also aware that Freeman is the beneficiary of a $500,000
insurance policy for a buy-sell agreement for a deceased partner’s interest in the business.

02-02-10 Additional fingerprint analysis results received. Fingerprint analysis shows that Freeman’s fingerprints are on
padlock to cooler, cooler door, and kitchen knife.

02-02-10 16:00 Priest released. Freeman arrested.

Signature (required) Detective H. Hugo Date 02-02-10

36
37
Liberty Lock & Key
1451 Magnolia Lane
Jackson, MS

01/05/10 12:30 pm

1 – Lg. Padlock/key $19.49

Subtotal $19.49

Tax $ 1.17

Total $ 20.66

Cash $ 21.00

Change $ 0.34

Thank you for letting


us serve you.

38
Chilled Cerviche with Citrus-Infused
Creme Fraiche

Jumbo lump crabcakes and


marinated portobello mushroom
stacks

Beef tenderloin medallions tartar


drizzled with poppy seed cream
sauce

Sesame and lavender crusted sea


scallops with a lemon-ginger and
white wine reduction sauce

Sunny

39
MORGAN MYSTERY, PH.D.
CURRICULUM VITAE
__________________________________________
Education:
Auburn University, Auburn, Alabama
M. A. in Sociology, 1970
Ph.D. in Criminal Justice 1972

University of Alabama
B.A. in Sociology, magna cum laude 1968

Present Positions:
Professor of Criminology
School of Criminal Justice
Auburn University
135 Tiger Avenue
Auburn, AL 12222 USA
Phone: (518) 442 - 5214
Fax: (518) 442 – 5212
1988- present
Department Chair, 2002-2004

Co-Director
International Association for the
Study of Organized Crime
New York, New York
1989-present

Prior Academic Appointments:


Professor
Department of Criminal Justice
University of Arkansas
1984-1988

Assistant and Associate Professor


Department of Criminal Justice
University of Alabama
1972 - 1984

Memberships and Positions:


Consultant, National Criminal Justice Commission, 2004-2006
American Society of Criminology President, 2001-2004
Task Force on Law and Enforcement, President’s Commission on Organized Crime 1996-2001

40
Honors and Awards:

Distinguished Leader in Criminal Justice, Academy of Criminal Justice Sciences

American Society of Criminal Justice, Fellow 1998 – present

Fullbright Research Fellowship 1992 – 1993

Graduate School Fellowship, Indiana University 1970-1972

Special Dissertation Research Grant, Indiana University Foundation 1972

Publications:

No Law and Order: Organized Crime; New York: John Wiley, 2005

Wiseguys Finish First; New York: John Wiley, 2003

Kuklinski: The Iceman Cometh; New York: Harper & Row, 2000

Organized Crime: A Study in Methodology of Crimes; Simon and Schuster, 1998

Bent Cops and Tampered Evidence; Indiana University Press, 1972

41