High School Mock Trial Competition - South Carolina Bar

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High School

Mock Trial Competition

The 2021 Mock Trial Criminal Case

IN THE COURT OF GENERAL SESSIONS SEVENTEENTH JUDICIAL CIRCUIT

COUNTY OF ROSS STATE OF SOUTH CAROLINA

)

State of South Carolina ) ) Prosecution, ) ) Case No. v. ) 2019-GS-17-1010 ) CJ Lannister ) ) Defendant. ) )

NOTE: All characters, names, events, places, and circumstances in this Mock Trial case are fictitious.

Defense – Rio Tyrell, M.D.

Medical Expert

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A PROJECT OF THE

SOUTH CAROLINA BAR

LAW RELATED EDUCATION (LRE) COMMITTEE

AND THE MOCK TRIAL SUB-COMMITTEE

2021/22 SC BAR PRESIDENT

Mary E. Sharp, Esquire

LRE COMMITTEE CHAIR

The Honorable John M. Rucker

MOCK TRIAL SUB-COMMITTEE CO-CHAIRS

Andrew N. Cole, Esquire

Thomas McRoy Shelley, III, Esquire

CASE CONTRIBUTORS

Donald N. Lanier, LRE Manager – Lead Writer

Cynthia H. Cothran, LRE Director

Marian J. Kirk, LRE Coordinator II

Susan Hackett, Esquire

Elizabeth Leverette, Esquire

Matthew Walker, Esquire

SC BAR LRE DIVISION STAFF

Cynthia H. Cothran, LRE Director

Marian J. Kirk, LRE Coordinator II

Donald N. Lanier, LRE Manager

Mock Trial is made possible with the support of the

South Carolina Bar Foundation’s IOLTA grant and the South Carolina Bar.

http://www.scbarfoundation.org/

http://www.scbar.org/


Medical Expert

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HIGH SCHOOL

MOCK TRIAL PAST STATE CHAMPIONS

1982 – Dreher High 2002 – Berkeley High

1983 – Conway High 2003 – Bob Jones Academy

1984 – Strom Thurmond High 2004 – Bob Jones Academy .............. (National Champions)

1985 – Strom Thurmond High 2005 – Berkeley High

1986 – Myrtle Beach High 2006 – Berkeley High

1987 – Strom Thurmond High 2007 – Fort Mill High

1988 – Socastee High ................ (National Champions) 2008 – Berkeley High

1989 – Berkeley High 2009 – Fort Mill High

1990 – Irmo High 2010 – Bob Jones Academy

1991 – Berkeley High 2011 – North Myrtle Beach High

1992 – Irmo High 2012 – Strom Thurmond High

1993 – Berkeley High 2013 – North Myrtle Beach High

1994 – Middleton High 2014 – North Myrtle Beach High...(Nationals – 1st Runner Up)

1995 – Bob Jones Academy 2015 – Strom Thurmond High

1996 – Socastee High 2016 – Fort Mill High

1997 – Socastee High 2017 – Strom Thurmond High

1998 – Socastee High 2018 – Heathwood Hall Episcopal School

1999 – Socastee High 2019 – Strom Thurmond High

2000 – Berkeley High 2020 – Strom Thurmond High

2001 – Bob Jones Academy 2021 – Bob Jones Academy

2021 State High School Mock Trial Champion / Bob Jones Academy

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Medical Expert

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PROFESSIONALISM AND CIVILITY AWARD WINNERS

The Professionalism and Civility Awards were presented to one high school per state and regional competition.

The competing state teams nominated a team that demonstrated the following qualities inside and outside the

courtroom:

• A professional demeanor

• Civility

• Integrity

• Honesty

• Fair play

• Respect for the competition

• Respect for fellow competitors

• Respect for volunteers and all associated

with the program inside and outside the courtroom

throughout the competition

• Respect for courthouse staff and their facilities

HIGH SCHOOL

2017 – Chapin ............................................... (State) 2020 – Dutch Fork .............................. (Regional)

2020 – Heathwood Hall Episcopal ..... (Regional)

2018 – Dorman ........................................ (Regional) 2020 – Kingstree ................................. (Regional)

2018 – Gov. Sch. for Science & Math ..... (Regional) 2020 – May River ................................ (Regional)

2018 – Indian Land .................................. (Regional) 2020 – Wade Hampton ....................... (Regional)

2018 – Kingstree ...................................... (Regional) 2020 – Carolina Forest ............................. (State)

2018 – Spring Hill..................................... (Regional)

2018 – Wilson ................................................ (State) 2021 – Fort Dorchester ....................... (Regional)

2021 – Lexington ................................ (Regional)

2019 – Charleston Sch. of Arts ............... (Regional) 2021 – W.J. Keenan ........................... (Regional)

2019 – Fort Mill ........................................ (Regional) 2021 – Charleston School of Arts ............. (State)

2019 – Indian Land .................................. (Regional)

2019 – Kingstree ...................................... (Regional)

2019 – Socastee ...................................... (Regional)

2019 – Spring Hill..................................... (Regional)

2019 – Ft. Dorchester .................................... (State)

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Medical Expert

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INTRODUCTION TO THE

MOCK TRIAL COMPETITION

The Mock Trial program is sponsored by the South Carolina Bar Law Related Education (LRE)

Division. Public schools, private schools, and home-schooled students throughout the state are invited

to participate in this competitive High School Mock Trial program. Each participating school enters a

team ideally composed of 14 – 16+ or more students (with a minimum of at least 6 students) and

requires a teacher coach sponsor. The SC Bar LRE Division assists in locating attorney coaches to

help teams prepare the case and provides the team with the Case Materials, the Competition

Handbook, and other competition materials on the LRE Web site at www.scbar.org/lre.

The Mock Trial competitions are divided into regional competitions with a culminating state

competition. A total of twelve teams advance from the regional competitions to participate in the state

competition using the same case. A state competition takes place if 20 or more teams participate in

the regional competitions.

Teams are officially assigned to a region after the drop date assigned for each level. Once a team is

assigned to a region, the team cannot switch regions without the approval of the State Mock Trial

Coordinator.

High School Mock Trial Competition Schedule

• Regionals - VIRTUAL ........................................ Friday and Saturday, February 25 and 26, 2022

• State – IN PERSON OR VIRTUAL * ...................................................................................

In Person Dates .........................................................................................Friday, March 11 and 12, 2022

Virtual Dates ................................................................ Thursday – Saturday, March 10, 11 and 12, 2022 Only held if 20 or more teams competed in regionals

GOALS

The goals of this program are, first and foremost, to educate students about the basis of our American

judicial system and the mechanics of litigation. The program also serves to build bridges of mutual

cooperation, respect, and support between the community and the legal profession. Through

participation in the Mock Trial program; students increase important skills such as listening,

speaking, writing, reading, and analyzing. All participants are encouraged to keep in mind that the

goal of the Mock Trial program is not to win for the sake of winning, but to learn and understand the

meaning of good citizenship in a democratic republic through participation in our system of law and

justice. All who participate in the Mock Trial program are winners in this sense.

Students – Your participation in Mock Trial will allow you to experience what it is like to prepare

for and present a case before a presiding judge and scoring judges. Working with your team and

coaches, you will learn to evaluate information and to respond quickly. As you prepare, you will

sharpen public speaking and presentation skills. The greatest benefit is the opportunity to learn how

the legal system works. By studying and understanding courtroom procedure, you should become

more comfortable with federal and state laws as part of the legal system. Your interaction with

some of South Carolina’s finest attorneys and judges will give you a glimpse of the different

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https://www.scbar.org/public/students-educators/high-school-mock-trial/mock-trial-webinar-registration/

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interpretations of trial procedure and the different litigation styles of individual members in the

legal arena.

Teacher Coaches, Attorney Coaches, and/or Judges – While preparing for the competitions,

we strongly encourage you to focus on the goal of student participation rather than placing an

emphasis on winning. The contribution of your time and talent make many experiential

educational opportunities available to South Carolina students each year. Your participation is a

key element to the success of this program. You can be proud of the impact you will make on

the lives of these students.

DISCUSSION FORUM The Mock Trial discussion forum is a place to post questions concerning the content of the Case

Materials, the Competition Rules, and the competitions. The discussion forum is located on the LRE

website.

Discussion Forum Link

The links above take you to a registration page for the discussion forum. It can take up to 48 hours to

gain access to the discussion forum once registered. The discussion forum should be checked often

for postings. Responses to the posted questions could change Competition Rules, the Case Materials,

and/or competition specifics that apply on competition day. The discussion forum closes ten business

days prior to a competition.

HAVE MOCK TRIAL QUESTIONS?

Attorney Coach Needed .................................................................................................... Donald Lanier

Case ................................................................................................................. Ask on Forum Discussion

Competition ................................................... Ask on Forum Discussion or Contact Cynthia H. Cothran

Concerns .................................................................................................................... Cynthia H. Cothran

Downloading Materials ..................................................................................................... Donald Lanier

Forms .................................................................................................................................... Marian Kirk

Forum Registration ............................................................................................................ Donald Lanier

General Questions ..................................................................................................... Cynthia H. Cothran

Purchase Orders .................................................................................................................... Marian Kirk

Registration .......................................................................................................................... Marian Kirk

Training ................................................................................................................................ Marian Kirk

Webinar Registration ......................................................................................................... Donald Lanier

LAW RELATED EDUCATION DIVISION ................................................ (803) 252-5139

Cynthia H. Cothran, LRE Director ........................................................................... [email protected] Marian Kirk, LRE Coordinator II ................................................................................. [email protected]

Donald N. Lanier, LRE Manager ................................................................................ [email protected]

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https://www.scbar.org/public/students-educators/middle-school-mock-trial/msmt-forum/

mailto:[email protected]

http://www.scbar.org/Teachers-Students/All-Programs/Middle-School-Mock-Trial/Middle-School-Mock-Trial-Forum














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2021/22

Mock Trial Case

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2021/22 High School Mock Trial Case:

Introduction ......................................................................................................................... 1

Pleadings .................................................................................................................. 2 Indictment (S.C. Code Ann. § 16-3-10) .......................................................................... 3 Demand for Jury Trial ..................................................................................................... 5 Pre-Trial Order ............................................................................................................... 6 Statement of Case .................................................................................................. 6 Stipulations of the Parties ....................................................................................... 7 SC Criminal Statutes ...................................................................................................... 9 Preliminary Jury Instructions ........................................................................................ 10 Appendix A: Jury Verdict Form ..................................................................................... 15

Witnesses and Affidavits ...................................................................................... 16 Witnesses Listing ......................................................................................................... 17 Prosecution’s Witnesses Affidavit, Jordan Snow – Sheriff’s Investigator ...................................................... 18 Affidavit, Stanton Reed – Technical Expert ........................................................... 26 Affidavit, Nat Gilly – SLED Investigator ................................................................. 33 Defense’s Witnesses Affidavit, CJ Lannister – Defendant ...................................................................... 39 Affidavit, Rio Tyrell, M.D. – Medical Expert ........................................................... 45 Affidavit, Drew Bolton – Friend of Defendant ........................................................ 50

Exhibits ................................................................................................................... 55 Exhibits Listing ............................................................................................................. 56 Exhibit 1 ................. 911 Transcript, November 4, 2019 ............................................... 57 Exhibit 2 ................. Incident Report ............................................................................. 58 Exhibit 3 ................. Supplemental Police Report ......................................................... 59 Exhibit 4 ................. Coroner’s Report .......................................................................... 61 Exhibit 5 ................. Daniel Morgan State Park Map .................................................... 62 Exhibit 6 ................. Photo of Ravine ............................................................................ 63 Exhibit 7 ................. Technical Report .......................................................................... 64

Exhibit 8 ................. Fitness Tracker Data, November 3, 2019 ..................................... 66 Exhibit 9 ................. Curriculum Vitae of Rio Tyrell, M.D. ............................................ 67 Exhibit 10 ............... Pathology Report on Kevin Frey ................................................... 68 Exhibit 11 ............... Photos of Kevin Frey’s Personal Affects ....................................... 69 Exhibit 12 ............... Kevin Frey’s Infiniti Convertible .................................................... 70 Exhibit 13 ............... Menchies Receipts, November 3, 2019 ........................................ 71


Medical Expert

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INTRODUCTION

For more than seven years, Ross County South Carolina has suffered at the hands of a careful and methodical arsonist. According to the fire investigators, the Ross County arsonist meticulously set over 94 fires. The arsonist could have been miles away or in the crowds to watch the firefighters rush to the scene. Nearly all the fires were set as slow burns to allow ample time for the arsonist to flee the scene before being identified. These fires destroyed empty structures, rundown abandoned homes, fields, and some athletic facilities. Kevin Frey was an avid runner in Ross County. He was nationally known for his times in both ultra-marathons and Ironman competitions. Many of his training runs included extensive trail running in the local state park. On the morning of November 4, 2019, Kevin was found dead at the bottom of a steep grade in the Daniel Morgan State Park, near another running trail. Following suspicions that his death was not an accident, an inventory was made of Frey’s home. Sheriff’s investigators found ample evidence demonstrating Kevin Frey had been conducting an amateur investigation of the Ross County Arsons. The results of this amateur investigation provided enough evidence to arrest CJ Lannister for the fires. In addition to the arsons, CJ Lannister has been charged with the death of Kevin Frey. Lannister admitted to the arsons, and pled Guilty But Mentally Ill (GBMI). Lannister pled not guilty to the murder of Kevin Frey.

The introduction is background material for informational purposes only.

It is not to be considered part of the case materials.

Note to Coaches:

This case is very similar for middle school and high school this year, but different at the same time. The difference is that each level has two different witnesses.

If working with both teams, please download each case separately.

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PLEADINGS

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WITNESSES DOCKET NO. 2019-GS-17-1010

Investigator Jordan Snow The State of South Carolina

County of Ross

COURT OF GENERAL SESSIONS

ARREST WARRANT NUMBER

DIRECT INDICTMENT

ACTION OF GRAND JURY

TRUE BILL THE STATE OF SOUTH CAROLINA

Brynn Forsyth vs.

Foreperson of Grand Jury

Date: November 15, 2019

CJ Lannister

VERDICT

INDICTMENT FOR

S.C. Code Ann. § 16-3-10

Foreperson of Grand Jury

Date:

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STATE OF SOUTH CAROLINA ) INDICTMENT ) COUNTY OF ROSS )

At a Court of General Sessions, convened on November 15, 2019, the Grand Jurors

of Ross County present upon their oath:

MURDER

S.C. Code Ann. § 16-3-10

That CJ Lannister did, in Ross County, on or about November 3, 2019, commit the

crime of Murder in that the Defendant, CJ Lannister, did with malice aforethought cause the

death of Kevin Frey at the Daniel Morgan State Park in Ross County, South Carolina,

contrary to the laws of the State of South Carolina.

David W. Miller

DAVID W. MILLER, SOLICITOR

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STATE OF SOUTH CAROLINA ) SEVENTEENTH JUDICIAL CIRCUIT

)

COUNTY OF ROSS ) COURT OF GENERAL SESSIONS

)

)

STATE OF SOUTH CAROLINA, ) 2019-GS-17-1010

)

Prosecution, )

vs. )

)

CJ Lannister )

)

Defendant. ) DEMAND FOR JURY TRIAL

)

The State of South Carolina filed one indictment against Defendant CJ Lannister. The

indictment was true billed by the Grand Jury on December 16, 2019. Defendant pleads not

guilty.

I, the undersigned, do hereby demand a jury trial in the above matter.

Dated: December 16, 2019

Signed: CJ Lannister

CJ Lannister, Defendant

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)


)

)


)

Prosecution, )

vs. )

)

CJ LANNISTER )

)

Defendant. ) PRE-TRIAL ORDER

)

Pre-Trial Order

On this the 31st day of August 2020, the above-captioned matter came before the

undersigned judge for pretrial conference. The parties, appearing through their counsel,

indicated their agreement to and approval of the terms of this Order and requested that it be

made the Order of this Court. The terms of this Order, accordingly, shall not be altered,

except upon a showing of good cause.

I. Statement of Case

The State of South Carolina charged the Defendant, CJ Lannister, with one count of

Murder in violation of S.C. Code Ann. § 16-3-10, alleging that on November 3, 2019, the

Defendant unlawfully caused the death of 34 year old Kevin Frey, to-wit: the death occurred

when the Defendant allegedly struck Frey with a blunt object, and then dropped his body

down a steep incline within the confines of Daniel Morgan State Park. Such being contrary

to the laws of the State of South Carolina, and the good order, peace and dignity thereof.

Upon arraignment, CJ Lannister pled not guilty to the charge of murder.

II. Pretrial Rulings

Because the parties have stipulated to the cause of the victim’s death, the judge

sustained the Defendant's objection to showing photos of the victim's body and injuries on

the grounds that those photos would be unnecessarily cumulative of Sheriff Investigator

Jordan Snow’s testimony and that, as a result, those photos would be substantially more

prejudicial than probative.

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III. Stipulations of the Parties

The parties have entered into the following stipulations, which shall not be

contradicted or challenged:

1. The signatures on the witness statements are authentic and signed under oath by

each witness.

2. The jury charges are accurate in all respects. No objections to jury charges may be

raised.

3. The indictment is valid. The Defendant may not challenge the indictment as deficient.

4. All exhibits listed are authentic and accurate in all respects, and no objections to the

authenticity of the exhibits shall be entertained.

5. The chain of custody for evidence is not in dispute.

6. Runner Monica Bens, who called 911 after seeing Frey at the bottom of the ravine,

has nothing further to offer and is unavailable as a witness.

7. The only witnesses that can be tendered as experts after proper foundation has been

laid are Stanton Reed and Dr. Rio Tyrell.

8. Witnesses Logan Stark and Amari Sands are middle school witnesses only.

References made by them in other affidavits are not in question.

9. Witnesses Nat Gilly and Drew Bolton are high school witnesses only. References

made by them in other affidavits are not in question.

10. Daylight savings time started on Sunday, November 3, 2019, and sunset was at

17:25 hours.

11. The text/call log from Kevin Frey’s phone is not an exhibit. Both parties agree that

the call/text log is not in dispute.

12. The fitness tracker data specific to the date of November 3, 2019, is the data being

reviewed for the purposes of this case and not any other dates recorded on the

fitness tracker.

13. The DNA found on Kevin Frey’s body is a match to CJ Lannister, and the DNA match

may not be objected to.

14. The weather conditions for the days surrounding the death of Kevin Frey are not in

dispute.

15. The map of the fires on record with the Ross County Sheriff’s Department is not

needed for this case and is not in dispute. The dates are also not in dispute.

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16. All searches of property and persons were done with lawful authority and within the

bounds of the Fourth Amendment. The constitutional validity of any search of any

property or person may not be challenged or called into question during the trial of

this case. The chain of custody of evidence collected during the investigation is not in

dispute.

17. The Defendant, CJ Lannister, was properly advised of Miranda rights upon arrest.

Miranda warnings were not legally required prior to any other interview of CJ

Lannister or any other witness. The validity of any interview based on Miranda may

not be challenged or called into question during the trial of the case.

18. The testimony of the park ranger, Randy Cummings, and the coroner, Chandler

Davis, concur with and are cumulative of testimony from Investigator Snow and are,

therefore, unnecessary. The failure of a party to call a witness other than those listed

in the Case Materials may not be raised or challenged.

19. Exhibit #5 (Daniel Morgan State Park Map), is a fair and accurate representation of

the park. All witnesses personally familiar with the park agree that the drawing is fair

and accurate.

20. The marks made on Exhibit #5 (Daniel Morgan State Park Map), include the “X”

made by Investigator Snow and the “A” and “B” made by Stanton Reed.

21. The parties stipulate Exhibit #1 (911 Report, November 4, 2019) is an accurate

transcription of the recorded 911 activity related to this case.

22. For purposes of Mock Trial, some pictures were combined into a single exhibit. A

witness may identify and acknowledge a picture within an exhibit without

acknowledging all components of the exhibit.

23. Exhibit #12 is an Infiniti Convertible. Witnesses will testify that Frey’s vehicle looks

like the one pictured in Exhibit #12, which is not in dispute.

24. For purposes of using a similar case for Middle and High School Mock Trial, the trial

year is 2021.

25. Frey is pronounced: F-rāy

26. Tyrell is pronounced: Ter-rell

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SOUTH CAROLINA CRIMINAL STATUTES

S.C. Code Ann. § 16-3-10. "Murder" defined.

"Murder" is the killing of any person with malice aforethought, either express or implied.

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)


)


)

Prosecution, )

vs. )

)

CJ LANNISTER )

)

Defendant. ) )

Preliminary Jury Instructions

Note: Jury instructions are NOT to be read to the jury on the

day of the Mock Trial Competition.

The Court hereby approves the following preliminary jury instructions in the above captioned case. It notes the presentation of evidence at trial may warrant additional instruction, and it will consider those instructions at a later date.

A. The Jury: Finders of the Facts

Under our Constitution and Code of Laws, only you – the jury – can make the findings of fact in this case. I am not permitted to tell you how I feel about the evidence which has been presented. And, throughout this trial, I have intended to be fair and impartial toward each of the parties involved.

To determine the facts in this case, you will have to evaluate the credibility – or believability of witnesses. You are the sole judges of the credibility of the witnesses, and, in passing upon their credibility, you may take into consideration many things, such as:

(1) How would you describe the appearance and manner of the witness on the stand,

sometimes referred to as the demeanor of the witness?

(2) Was the witness forthright or hesitant?

(3) Was the witness's testimony consistent, or did it contain discrepancies?

(4) What was the ability of the witness to know the facts about which he or she testified?

(5) Did the witness have a cause or a reason to be biased and prejudiced in favor of the testimony he or she gave?

(6) Was the testimony of the witness corroborated or made stronger by other testimony and evidence, or was it made weaker or impeached by such other testimony and evidence?

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You can believe as much or as little of each witness's testimony as you think proper. You may believe the testimony of a single witness against that of many witnesses – or just the opposite. Of course, you do not determine the truth merely by counting the number of witnesses presented by each side. Throughout this process you have but one objective – to seek the truth, regardless of its source.

B. Circumstantial Evidence

There are two types of evidence generally presented during a trial – direct evidence and circumstantial evidence. Direct evidence is the testimony of a person who asserts or claims to have actual knowledge of a fact, such as an eyewitness. Circumstantial evidence is proof of a chain of facts and circumstances indicating the existence of a fact in issue. The law makes absolutely no distinction between the weight or value to be given to either direct or circumstantial evidence. Nor is a greater degree of certainty required of circumstantial evidence than of direct evidence.

You should weigh all the evidence in the case in arriving at a verdict.

C. The Judge: Instructor of the Law

The same Constitution and laws that designate and make you the finders of the facts also make me the instructor of the law. You must accept the law as I give it to you. If I am wrong, there is another place and time for that error to be corrected. But for now, you must accept the law as I give it to you – and I caution you that it does not mean what you think the law should be, but what I tell you it is.

D. Instruction:

You have been selected and sworn as the jury to try this case of the State of South Carolina against the Defendant, CJ Lannister. The Defendant is charged with Murder in violation of S.C. Code Ann. § 16-3-10. The Indictment in this case is the formal method of accusing the Defendant of the crime. The Indictment is not evidence and you should not allow yourselves to be influenced against the Defendant by reason of the filing of the Indictment. The Defendant has pled not guilty to the charge. A plea of not guilty puts at issue each element of the crime with which the Defendant is charged. A plea of not guilty requires the State to prove each element of the crime beyond a reasonable doubt. The Defendant is presumed innocent of the crime and this presumption continues unless and until, after consideration of all the evidence, you are convinced of the Defendant’s guilt beyond a reasonable doubt. The Defendant must be found not guilty unless the State produces evidence that convinces you beyond a reasonable doubt of the existence of each element of the crime. It is your responsibility as jurors to determine the facts from the evidence, to follow the law as stated in the instructions from the presiding judge, and to reach a verdict of not guilty or guilty based upon the evidence.

We will now have opening statements of the counsel. Statements and arguments of counsel

are not evidence. The purpose of opening statements and closing arguments is to assist you, the jury, in making a decision in this case; however, that decision must be based upon the evidence in this case, which consists of the testimony delivered under oath in this trial, any documents or other items introduced into evidence during this trial, and the stipulations of the parties.

E. Closing Instructions:

(1) Introduction: Now that all the evidence has been presented, it is my duty under the law to give you the instructions that apply in this case. The instructions contain all rules of the law that are to be

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applied by you and all the rules by which you are to weigh the evidence and determine the facts at issue in deciding this case and reaching a verdict. You must consider the instructions as a whole. All the testimony and evidence that is proper for you to consider has been introduced in this case. You should not consider any matter of fact or of law except that which has been given to you during the trial of this case.

It is your responsibility as jurors to determine the facts from the evidence, to follow the rules of law as stated in these instructions, and to reach a fair and impartial verdict of guilty or not guilty based upon the evidence, as you have sworn you would do. You must not use any method of chance in arriving at a verdict but must base your verdict on the judgment of each juror.

(2) Elements of the Charge: In this matter, the Defendant has been charged with:

(a) Murder, under S.C. Code Ann. § 16-3-10.

To this charge, the Defendant has entered a plea of not guilty. I will now define the elements of the charge.

Murder – S.C. Code Ann. § 16-3-10: The Defendant is charged with Murder. The State must prove beyond a reasonable doubt that the Defendant killed another person with malice aforethought. Malice is hatred, ill-will, or hostility towards another person. It is the intentional doing of a wrongful act without just cause or excuse and with an intent to inflict an injury or under circumstances such that the law will infer an evil intent. Malice aforethought does not require that the malice exists for any particular time before the act is committed, but malice must exist in the mind of the Defendant just before and at the time of the act is committed. Therefore, there must be a combination of the previous evil intent and the act. Malice aforethought may be express or inferred. These terms, “express” and “inferred” do not mean different kinds of malice but merely the manner in which malice may be shown to exist. That is, either by direct evidence or by inference from the facts and circumstances that are proved. Express malice is shown when a person speaks words that express hatred or ill will for another or when the person prepared beforehand to do the act that was later accomplished; for example, lying in wait for a person or any other acts of preparation showing that the deed was in the Defendant’s mind express malice.

Malice may be inferred from conduct showing a total disregard for human life. In this case, the State has alleged that the murder involved the intentional killing of Kevin Frey. Therefore, in order to prove the Defendant guilty of Murder, the State must prove the following:

The Defendant took the life of Kevin Frey with malice aforethought. If, after considering all of the evidence, you conclude that the State has proven beyond a reasonable doubt that the Defendant committed the crime of murder in violation of S.C. Code Ann. § 16-3-10, you must return a verdict of guilty as to this charge on the jury verdict form. If, on the other hand, you conclude that the State has failed to meet its burden of proving beyond a reasonable doubt that the Defendant committed the crime of murder in violation of S.C. Code Ann. § 16-3-10, you must return a verdict of not guilty as to this charge on the jury verdict form.

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(3) Presumption of Innocence and Reasonable Doubt: The Defendant is presumed innocent, and the presumption continues unless, after

consideration of all the evidence, you are convinced of the Defendant’s guilt beyond a reasonable doubt. The State has the burden of presenting the evidence that establishes the Defendant’s guilt beyond a reasonable doubt. The Defendant must be found not guilty unless the State produces evidence which convinces you, beyond a reasonable doubt, of each and every element of the crime alleged.

“Beyond a reasonable doubt” is defined as “proof of such a convincing character that you

would be willing to rely and act upon it without hesitation in the most important of your own affairs.”

(4) Evidence – Definition: Evidence is the testimony received from the witnesses under oath, stipulations made by the parties, and the exhibits admitted into evidence during the trial.

(5) Evidence – Inferences: You should consider only the evidence introduced while the court is in session. You are permitted to draw such reasonable inferences from the testimony and exhibits as you feel are justified when considered with the aid of the knowledge that you each possess in common with other persons. You may make deductions and reach conclusions that reason, and common sense lead you to draw from the facts that you find to have been established by the evidence in this case.

(6) Indictments Not Evidence: Again, the Indictment in this case is the formal method of accusing the Defendant of a crime. The Indictment is not evidence of guilt. You should not allow yourselves to be influenced against the Defendant by reason of the filing of the Indictment.

(7) Judicial Rulings: The Court has made rulings in the conduct of the trial and the admission of evidence. These rulings should have no bearing on the weight or credit to be given any evidence or testimony admitted during the trial, nor should they be considered by you in any manner to indicate the conclusions to be reached by you in this case.

(8) Objections: From time to time during this trial, the attorneys have made objections that I have ruled on. You should not speculate upon the reasons why objections were made. If I approved or sustained an objection, you should not speculate on what might have been said or what might have occurred had the objection not been sustained by me.

(9) Credibility of Witnesses: It is your responsibility to determine the credibility of each witness and the weight to be given the testimony of each witness. In determining such weight or credibility, you may properly consider: the interest, if any, that the witness may have in the result of the trial; the relation of the witness to the parties; the bias or prejudice of the witness, if any has been apparent; the candor, fairness, intelligence, and demeanor of the witness; the ability of the witness to remember and relate past occurrences; and, the means of observation and the opportunity of knowing the matters about which the witness has testified. From all the facts and circumstances appearing in evidence and coming to your observation during the trial, aided by the knowledge that you each possess in common with other persons, you will reach your conclusions. You should not let sympathy, sentiment, or prejudice enter into your deliberations, but should discharge your duties as jurors impartially, conscientiously, and faithfully under your oaths and return a verdict as the evidence warrants when measured by these instructions.

- 14 -

(10) Punishment: You are only concerned with the guilt or innocence of the Defendant. You are not to concern yourselves with punishment.

F. Verdict Instructions:

After you have retired to consider your verdict, a member of the jury is selected as your foreperson and then you begin your deliberations. The foreperson is to maintain orderly deliberations but should have no greater influence on the deliberations than any other member of the jury. Your verdict must be unanimous. When you have agreed on a verdict, your foreperson will sign the verdict form, and you will, as a body, return the verdict form in open court.

G. Verdict Form:

The verdict form approved by the Court is attached hereto.

IT IS SO ORDERED, this day of this round of the Mock Trial competition.

/s/ Presiding Judge

The Honorable Presiding Judge

- 15 -


)


)


)

Prosecution, )

vs. )

)

CJ LANNISTER )

)

Defendant. )

)

Appendix A

JURY VERDICT FORM

We, the jury, empaneled and sworn in the above-entitled cause, do, upon our oaths, find as

follows:

As to COUNT 1 – MURDER (S.C. Code Ann. § 16-3-10)

Defendant is:

Guilty

Not Guilty

Foreperson

- 16 -

WITNESSES

and

AFFIDAVITS

Prosecution - Jordan Snow Sheriff’s Investigator

- 17 -

WITNESS LISTING

(High School)

PROSECUTION

Jordan Snow Sheriff’s Investigator

Stanton Reed Technical Expert

Nat Gilly SLED Investigator

DEFENSE

CJ Lannister Defendant

Rio Tyrell, M.D. Medical Expert

Drew Bolton Friend of Defendant


- 18 -

Affidavit of

Investigator Jordan Snow

1. My name is Jordan Snow. I am an investigator with the Ross 1

County Sheriff’s Department. I am the primary investigator on the Kevin Frey 2

murder case. And, for the last seven years, I have been the primary investigator 3

on a series of arson cases known as the Ross County Arsons. I have more to 4

say on the arsons later. 5

2. I am 55 years old. I am single and live with my corgi. I grew up in 6

Fountain Inn, South Carolina. After graduating high school in 1984, I joined the 7

U.S. Marine Corps. I served 23 years in the Corps as a Military Police Officer at 8

several bases located in South Carolina, North Carolina, Virginia, California, and 9

Hawaii. During my time as a Marine, I saw every aspect of military policing. I 10

deployed to the Middle East four times in support of the War on Terror. Along the 11

way, I earned my Bachelor of Science degree online while in the military from the 12

University of Central Florida. After finishing my college degree and serving my 13

country for 23 years, it was time for a change. In the U.S. Military, service 14

members can retire with full benefits at 20 years of service, so I had well 15

exceeded my time. I retired in 2007, as an E-8 Master Sergeant to collect 16

retirement and start a second career. 17

3. Upon retirement, I wanted to move back to South Carolina. I had 18

seen and traveled the world, and it was time to be back home. The Ross County 19

Sheriff’s Department (RCSD) was the first agency back home with an opening. I 20

took a job here in Dodson and never looked back. I had a leg up starting out with 21

the Sheriff’s Department and did not have to be shown how to do things like 22

many other raw recruits. However, as a new recruit, I was required to take 23

training at the S.C. Criminal Justice Academy (SCCJA), which was a breeze. I 24

will admit it took some time to adapt from the Uniform Code of Military Justice to 25

the civilian world, particularly the concept of Miranda. In the military world, if a 26

soldier, sailor, airman, or marine was accused of a crime, I could begin 27

questioning right there on the spot. Furthermore, they did not have the ability to 28


- 19 -

refuse questioning. In the civilian world; however, if someone is suspected of a 29

crime, the individual is taken into custody with the U.S. Supreme Court decision 30

of Miranda v Arizona applying. This is what most people commonly know as 31

“Miranda” rights, which is the warning police give after arresting someone but 32

before questioning about a crime. Everyone has heard it before – the whole “You 33

have the right to remain silent” routine. 34

4. I quickly moved through the ranks at the Sheriff’s Department. I 35

served as a deputy in the detention center, a road deputy, a School Resource 36

Officer (SRO), a shift supervisor, and was promoted to investigations where I am 37

an investigator today. I attended several specific skills trainings through the 38

SCCJA to include Specific Skills, SRO School, Basic Instructor Development, 39

Homicide Investigations, and Arson Investigator School to name a few. 40

5. I have been involved in RCSD investigations for over ten years. 41

Since Ross County is a smaller jurisdiction, there are only three investigators for 42

the entire department. We spend a good deal of time working in rotation, and all 43

three of us are well trained in multiple types of investigation work. Therefore, I 44

was the investigator on call when the original arsonist case came in more than 45

seven years ago and it has been hanging over my head ever since. At the time; 46

however, I did not know it was going to become the huge Ross County Arsons 47

case it is today. The arsons case evolved into a pattern of fires and took place in 48

unoccupied locations, all with the same ignition point where the fire started, 49

though the type of accelerant changed over time. I have responded to multiple 50

types of fires to include woods, fields, small structures, abandoned buildings, and 51

vehicles – all tied to the Ross County Arsonist. Catching the arsonist has been 52

high on my list of priorities for a while. 53

6. On the afternoon of Sunday, November 3, 2019, I received a 54

voicemail from Kevin Frey. Frey’s very brief voicemail was timestamped at 16:50 55

hours. He asked for a time to meet with me the following day. I called Frey back 56

and got his voicemail. I left him a message stating I could meet him on Monday. I 57

have known Frey for many years. Everyone knew Frey. He was constantly 58


- 20 -

running through town and he volunteered as a track coach at the schools. I also 59

knew Frey from his impressive Ironman and ultramarathon wins and he was 60

forever turning up on a fire scene. Because of seeing him at so many fire scenes, 61

I wanted him questioned in connection with the Ross County Arsons. Since I 62

work with SLED agent Nat Gilly on the arsons, I had Gilly vet Frey several years 63

ago. Gilly determined Frey was an amateur investigator and was not the arsonist. 64

Once Frey was cleared from suspicion, it was not odd for Frey to call me from 65

time to time about the arsons. Frey always thought he was one fire away from 66

catching the arsonist. 67

7. I did see Frey the next day, but I did not have the opportunity to find 68

out what he wanted to speak with me about, because he was dead at the bottom 69

of a ravine. I went on shift at 07:30 hours on November 4, 2019. I was dispatched 70

at 08:27 hours about a male down inside Daniel Morgan State Park. A runner on 71

the trail earlier in the morning saw Frey’s body and called 911. The 911 Report 72

transcript is marked as Exhibit #1. I made my way to the park, and arrived at the 73

park entrance at 08:31 hours. I parked my patrol car at the park ranger’s office 74

and rode with park ranger, Randy Cummings, in an off-road vehicle to the 75

incident location arriving at 08:41 hours. Cummings had already taken the 76

Emergency Medical Technicians (EMTs) prior to my arrival to the scene. It was 77

clear the EMTs’ talents were wasted since Frey was dead. I briefly interviewed 78

the runner, Monica Bens, who called 911. She had nothing of investigative value 79

other than noticing the body at the bottom of the ravine as she was running the 80

Waterfall Trail. She did not see any runners on the trail, or in the parking area 81

where runners warm up and cool off from their runs. I noted this in my Incident 82

Report, marked as Exhibit #2. 83

8. Initially, it appeared as if Frey took a bad tumble down the mountain 84

from the Morgan Loop Trail, which is favored by many hardcore runners in the 85

area. Something did not look right to me as I assessed the situation, but there 86

was not enough information to suspect foul play. I could not imagine Frey falling 87

given his running experience. Additionally, I had no idea how long the body had 88


- 21 -

been there, so there was no way to know how contaminated the scene or 89

anything relating to it might be. The EMTs carefully covered the body, and I 90

inspected the surroundings in the immediate area by Frey’s body while waiting 91

for the coroner to arrive. When the coroner, Chandler Davis, arrived, I asked 92

Randy Cummings to close down the park for the day. I asked Davis to take a 93

very close look at Frey because it was important to be thorough. Frey clearly had 94

a broken left femur, as well as many visible cuts, punctures, and scrapes. There 95

was a large gash on his face from the right side above the right eye all the way 96

back towards his ear. The gash did not have a great deal of blood around it. I 97

was surprised because head wounds tend to bleed a lot. Before Davis removed 98

Frey’s body, I made an “X” at GPS coordinates N32, W82 to show where Frey’s 99

body was located on the park map Cummings gave to me. The map and the 100

marked location of the body are noted on Exhibit #5. I took a picture of the ravine 101

where Frey’s body was found and removed, which is marked as Exhibit #6. 102

9. Davis’ coroner’s report, dated November 4, 2019 – the same day 103

Frey was found, revealed Frey died before he ever tumbled down into the ravine. 104

The head wound I noted as not very bloody was clearly post mortem (after 105

death), as were virtually all of his injuries. The actual cause of death was blunt 106

force trauma and is listed undetermined because Davis could not determine if the 107

trauma was accidental or intentional. The time of death was noted as 17:45 108

hours on November 3, 2019, which means Frey’s body was out in the cold 109

overnight. A coroner’s time estimation is usually accurate plus or minus two 110

hours. Davis also found trace amounts of skin cells on both of Frey’s hands that 111

did not belong to Frey, which was enough of a reason to conduct a DNA test. We 112

needed to run the DNA results in our RCSD system to see if we could find a 113

match with any prior arrests. A copy of Davis’ coroner’s report is marked as 114

Exhibit #4. As part of a coroner’s on scene procedures, inventory was taken of 115

Frey’s clothing and belongings. Davis confirmed in the report transferring chain of 116

custody of Kevin’s fitness tracker, key fob, and cell phone found on his person, 117

which I photographed separate from the body and are marked as Exhibit #11. Of 118


- 22 -

course, by the time Kevin was found, the cell phone and fitness tracker batteries 119

were dead. And as part of my investigative procedures, I impounded Frey’s car, 120

which looks like the one pictured in Exhibit #12. 121

10. Back at the Sheriff’s Department, I immediately found chargers for 122

the devices. Once both devices were plugged in, I was able to turn them on after 123

a brief charge. The fitness tracker did not need a password, but the cell phone 124

did. The fitness tracker was connected to Kevin’s cell phone. Seeing the 125

connection, I contacted Stanton Reed from Reed Tech Research, Inc. to conduct 126

an investigation of the devices. Reed promptly came out and retrieved the 127

devices on November 4th. Reed will testify as to the technical side of things 128

reported in the technical report dated November 5, 2019, which was turned over 129

to me the same day and is marked as Exhibit #7. Reed gave me the fitness 130

tracker data, marked as Exhibit #8. The report included Frey’s movements via 131

GPS, along with his heart rate and other information such as elevation, time, 132

location, and distance. The information presented was alarming. 133

11. Upon receiving Davis’ and Reed’s reports on November 5th, the 134

investigation moved from an accidental death to homicide. I went back to the 135

park on the afternoon of November 5, and looked at the Morgan Loop Trail, at 136

the GPS coordinates identified in the fitness tracker data to see if any evidence 137

remained at either location since the park re-opened that morning. Finding none 138

since it had rained the night before as predicted, I obtained a warrant to search 139

Frey’s home located at 162 Nichols Road here in Dodson. I received the next 140

shock and twist in this case at Frey’s home. 141

12. Kevin Frey’s guest bedroom was set up as a home office. Normally 142

a home office space is no big deal, but not this time. The entire rear wall was 143

nothing but news articles, notations, maps, pictures, post-it notes, and various 144

arson sites all linked to the Ross County Arsonist. I knew he was an amateur 145

arson investigator, but to be honest, the amount of information gathered 146

exceeded my own investigation. But then again, I have anywhere from 30 to 55 147

open cases at any given time outside of the Ross County Arsons and Frey was 148


- 23 -

only working the arsons. At a quick glance, it was easy to see the information 149

was well organized and systematic. And, Frey’s research pointed to CJ Lannister 150

as the Ross County Arsonist we had been searching for all these years. It was 151

then when I realized why the detailed fitness tracker logs had Frey at more than 152

60 of the 94 arson cases in the immediate aftermath. I knew he was showing up 153

at the scenes, but not that many. Knowing where Frey had been only confirmed 154

that his research wall on the arsons was accurate because he was there. Of 155

course, the fitness tracker data related to the arsons is not for this case as we 156

are only discussing the data on the date of Frey’s death. The surprise of the wall 157

was the amount of detail and CJ Lannister’s connection to the arsons. If Frey 158

was right, CJ Lannister was our arsonist. 159

13. Based upon the information contained within Frey’s research wall 160

matching some of my own investigation, I contacted SLED Investigator, Nat Gilly. 161

I asked Gilly to join me immediately at Frey’s home and reviewed the research 162

wall together. Ultimately, we decided this was more than enough information to 163

complete an arrest warrant for CJ Lannister on 94 counts of arson. 164

14. We wanted Lannister’s arrest to go as smoothly as possible. 165

Lannister was invited to RCSD on November 7th, under the guise of providing 166

information to help with Frey’s death. After all, Lannister was a runner and had to 167

have known Frey. Upon Lannister’s arrival, the Miranda rights were read to 168

Lannister. After our questioning, Lannister admitted to being the Ross County 169

Arsonist, so Lannister was arrested for the Ross County Arsons. Upon arrest, 170

Lannister consented to giving a DNA sample. I asked Lannister for an alibi for 171

November 3rd. Lannister admitted to running on the Waterfall Trail with Logan 172

Stark. After their run, Lannister decided to run again, but did the backside of the 173

Morgan Loop Trail. Lannister did see Frey briefly on the trail, they had a brief 174

conversation, and high fived. Although Lannister admitted seeing Frey 175

somewhere near mile four, Lannister repeatedly denied involvement in Frey’s 176

death stating he was alive and well when Lannister last saw him. I suggested to 177

Lannister that Kevin’s fall was not accidental, but intentional. And, that Frey could 178


- 24 -

have been killed and pushed over the mountain. Lannister confirmed personal 179

weight and height, justifying Lannister’s inability to overcome Frey. Lannister 180

repeatedly mentioned having an alibi on November 3rd with friends, Logan Stark 181

and Drew Bolton. Lannister and Stark were on a run at the park and then 182

Lannister joined Bolton for dinner at 18:00 hours. Lannister was able to provide a 183

receipt from dinner on November 3rd, at a restaurant called Menchies, which is 184

one on of the receipts marked as Exhibit #13. 185

15. Once Lannister was in custody and the news was out that RCSD 186

found the Ross County Arsonist, I received a call from Logan Stark. What great 187

timing, since I was going to call Stark to confirm Lannister’s alibi. I interviewed 188

Logan Stark on November 8, 2019. Stark came in for two reasons. First, since 189

Lannister had been arrested for the arsons, Stark was making a possible 190

connection to some arsons back in Columbia during college. And second, as 191

Lannister’s friend, Stark offered additional information and context about 192

Lannister’s ties with Frey. I learned that Lannister was in the same running club 193

“Feet First SC” as Stark and Frey, and that Stark and Lannister were on the trail 194

the night in question. I was also informed about a confrontation between Frey 195

and Lannister at a running meet witnessed by Stark months earlier. My notes 196

from the interview are included in the Supplemental Incident Report, marked as 197

Exhibit #3. 198

16. To validate the rest of Lannister’s alibi, I interviewed Drew Bolton 199

on November 8, 2019. Bolton corroborated eating with Lannister. Bolton 200

described the details of the evening, which were added to my supplemental 201

incident report. And, other than them eating together at 18:45 hours, I cannot say 202

Bolton’s interview did Lannister any favors. My notes from Bolton’s interview are 203

included in the Supplemental Incident Report, marked as Exhibit #3. A copy of 204

Bolton’s receipt from the dinner at Menchies was added to what is marked as 205

Exhibit #13. 206

17. Once I connected Lannister to Frey’s death, it was no surprise 207

when the DNA found on Frey came back as matching CJ Lannister on November 208


- 25 -

9th when we ran it through our RCSD system. Almost as bad as the DNA found 209

on Frey’s body, I was in looking at the totality of the circumstances. I met with the 210

solicitor’s office and they convened a grand jury to indict Lannister for the murder 211

of Kevin Frey. The arson charges were separate and apart from the murder 212

charge, although they are clearly linked through me as the investigator. 213

18. With the arrest of CJ Lannister for the Ross County Arson cases, I 214

closed the arson files. I heard Lannister had already entered a plea of Guilty But 215

Mentally Ill (GBMI) on the arson charges, and the judge accepted the plea. I think 216

it was a bad idea to accept the GBMI plea for the arsons. I suppose a plea of 217

guilty is one way to wrap up the arsons neatly, but the murder of Kevin Frey is a 218

different beast. Lannister had to know right from wrong in order to determine Frey 219

had to be killed to continue covering up the arsons, which is plenty proof to me 220

that CJ Lannister is sane and should be tried for the murder of Kevin Frey.221

WITNESS ADDENDUM

I have reviewed this statement, and I have nothing of significance to add at this time. The material facts are true and correct.

Signed,

Jordan Snow

Jordan Snow, Investigator

SIGNED AND SWORN to me before 8:00 a.m. on the day of this round of the 21/22 South Carolina Mock Trial Competition.

C.M. McCormack

C.M. McCormack, Notary Public State of South Carolina My Commission Expires: 07/25/26

Prosecution – Stanton Reed Technical Expert

- 26 -

Affidavit of

Stanton Reed

1

1. My name is Stanton Reed. I am 34 years old. I am a technical 1

expert on almost all types of mobile technology: laptops, cell phones, tablets, and 2

wearable tech to name a few. I was born and raised in Sunnyvale, California, 3

which is right outside of San Francisco for those who do not know California very 4

well. We lived near San Francisco Bay, so I have always loved being at the 5

ocean and near or on the water. Many kids my age were into sailing and fishing 6

as their hobbies – not me. I could be found outside in the water or inside playing 7

video games and trying to learn new software. Once I was in high school, I 8

became more interested in the tech world. At first, my interest was mostly in how 9

things looked – kind of like how does working on a website make you feel and 10

act. I went to Stanford for my undergraduate degree in visual arts, with a heavy 11

focus on digital media. In addition, I took several classes on computer coding, 12

specifically within the iOS, a mobile operating system for iPhones, and Android 13

platforms. There are backdoors and trapdoors inside each of those operating 14

systems, but it is much easier on Android devices. Let me stop there as I am 15

getting ahead of myself. 16

2. While at Stanford, I was recruited by Wells Fargo Bank to work in 17

their Information Technology (IT) Department. I worked part-time, working the IT 18

help desk. I did the basic resetting of employee passwords and troubleshooting. 19

Here is a hint. Reboot any device before seeking help. I also built apps in 20

Android and Apple formats. App building is what got me noticed by more creative 21

divisions within Wells Fargo. Before I knew it, I was promoted into the creative 22

redesign group working on the banking app and was relocated to the bank’s 23

operational center in Dodson. I loved working on the project and I fell in love with 24

South Carolina. The cost of living is not only cheaper, but I also have the best of 25

both worlds – a short drive to the mountains or a few hours to the beach. 26

3. I was part of Wells Fargo’s User Interface (UI) group, and was 27

responsible for essentially making things “pretty” for the end user. This meant 28


- 27 -

using good colors and making buttons and links with drop down menus for easy 29

access. It also meant thinking through the way in which people access data so 30

they can take as few steps as possible to accomplish their banking goals. Once 31

all of those tasks were completed – and might I add ahead of schedule and 32

under budget – many of us were allowed to pick divisions or projects most 33

interesting to us. For me, the security side of the technology was the next 34

evolution in advancement. I worked on many different things, including raw data 35

analysis, security encryption methods, systemwide protection measures, 36

dedicated denial of service for asset protection, and online application fraud 37

detection. These were fascinating times as I learned more in the UI group about 38

the real world of IT security than I did in any of my college courses combined. 39

Another benefit to my education was all of the white hat hacker (company paid 40

hackers who test security provisions) conferences and IT security tradeshows 41

Wells Fargo was willing to send me on their dime. It was a great opportunity to 42

learn more and also to network within the industry. 43

4. After working for the bank for about seven years, I went out on my 44

own and started Reed Tech Research, Inc. Reed Tech for short has two areas of 45

specialization. Our first focus is graphical redesign of websites, applications, and 46

interfaces with an emphasis on mobile friendly production. Our second focus is in 47

digital forensics, which means all types of data recovery and investigations. We 48

do work for attorneys seeking data off of devices during contested cases. We 49

often recover data off devices for local, state, and federal law enforcement 50

agencies. This includes a couple of FBI requests involving major crimes in which 51

Apple refused to unlock iPhones by citing individual privacy. iPhone’s security is 52

one of their key marketing components, so they typically do not comply with any 53

requests for unlocking devices. This strategy helps them sell more phones to 54

those seeking privacy. We also pull data off of children’s phones. Parents pay us 55

to find out what their kids are hiding. It might surprise you on how much of a 56

child’s life is on their phone, and how oblivious their parents are. 57

5. We conduct the data recovery through a variety of methods. The 58

easiest is when law enforcement presents a search warrant for the device to the 59


- 28 -

service provider or device manufacturer. When this is done, passwords are 60

provided to us by law enforcement and we simply access the device. Without a 61

court order, it becomes a little more involved. Most companies honor a letter 62

requesting a data dump from the account’s owner for any phone. 63

6. Investigator Snow with Ross County Sheriff’s Department asked 64

me to look at the data on the fitness tracker and the cell phone belonging to 65

Kevin Frey. I retrieved the devices from Snow on November 4, 2019. And, they 66

look like the same photographed and marked as a part of Exhibit #11. The fitness 67

tracker was identified as a Fitbit Ionic and the cell phone was the iPhone 8. Since 68

Frey was deceased, there was no way to get his permission to open the iPhone. 69

Snow said the Fitbit was already accessible because it was not password 70

protected. Luckily for us, his phone’s password was very simple to break. Many 71

people use dates which are important to them as their password. This is foolish 72

for many reasons. First, it makes things easy for hackers to break. Second, if 73

someone has important dates used, they typically can be found on a person’s 74

social media accounts. In Frey’s case, we looked at his social media accounts, 75

which were largely public – also a bad idea. And, I would recommend to 76

everyone to set their social media accounts to private at best, only friends, or at 77

worst friends of friends. To leave social media accounts set completely to public 78

is inviting hackers and other people with negative intentions full access to 79

someone’s life. As I was saying about Frey, we looked at his social media 80

accounts, and we started playing with variations of his birthday. If the basic 81

variations do not work, we have more sophisticated methods including software 82

that continually tries passwords. For this instance, it was the last two digits of his 83

year of birth – “85,” and the last two digits of his college graduation year – “07” – 84

also on social media. And boom, we were in his phone with “8507.” 85

7. Once we were in Frey’s phone, we could pull the cell phone and the 86

Fitbit data since they were linked together. The treasure trove of information 87

coming out of the two devices was amazing. There were tons of interesting text 88

message threads, all the health data you could ever want on Frey, call logs – you 89

name it. But what matters most for this case is the fitness tracker data for 90


- 29 -

November 3, 2019, marked as Exhibit #8. 91

8. The first thing we looked at was his last run at Daniel Morgan State 92

Park, which seemed to be the most logical place to begin. The Fitbit had GPS 93

built in, along with timestamping everything at 6 minute intervals. Thus, it tracked 94

GPS, heart rate, elevation, time, and distance traveled. Within a few minutes we 95

had a pretty good picture of his health, which is not surprising to say he was in 96

very good health right up until the minute he died. 97

9. Frey’s last run started on Sunday, November 3, 2019. Based on the 98

fitness tracker data, he did some light warm up activities in the parking area for 99

visitors noted on the Daniel Morgan State Park Map, marked as Exhibit #5. Once 100

the warm up was completed, he went to the start of the Morgan Loop Trail and 101

began to run. His run started at 17:00 hours according to the timestamp, which 102

was 25 minutes before sunset. On a side note, November 3rd was also the first 103

day for daylight savings time to kick in for the fall, which meant clocks fell back by 104

one hour. Many of Frey’s runs started right at 17:00 hours according to the Fitbit 105

and he typically ran on the Morgan Loop Trail. With the mountain’s rough terrain 106

and the steep grade on the Morgan Loop Trail, Frey was still averaging a six-107

minute mile pace even with an increase in elevation. At mile four, Frey showed 108

an increased heart rate of 147 beats per minutes. His average beats per minute 109

running was 131 prior to the increase, so the increase in heart rate did not make 110

sense. And then at mile five on the trail, his heart rate suddenly decreased from 111

147 to 96 beats per minute – lower than the norm for him. Then at 17:36 hours 112

his heart rate dropped to zero at GPS coordinates N34, W81. With no heart rate 113

detected, the GPS had Frey moving approximately 40 feet in elevation over the 114

next 12 minutes and a distance of a quarter mile on the path heading up the trail 115

and stopped at GPS coordinates N33, W81.5. Then, Frey’s Fitbit showed him 116

moving at a sudden decrease in elevation of 300 feet. The Fitbit showed Frey 117

stopping and staying stationary at GPS coordinates N32, W82, which is where he 118

landed in a ravine next to the Waterfall Trail. Investigator Snow said a picture 119

was taken where his body was found, but after the body had been removed by 120

the coroner, which is marked as Exhibit #6. The “X” marked by Investigator Snow 121


- 30 -

on the park map, marked as Exhibit #5, and the photographed ravine both match 122

the GPS coordinates of N32, W82 where Frey’s body was found. 123

10. The first look at the data told me Frey was murdered. No one’s 124

heart rate stops for several minutes and then physically starts moving again with 125

no heart rate. When I was dropping off my technical report, marked as Exhibit #7, 126

along with the Fitness Tracker Data, marked as Exhibit #8, Snow asked me to 127

mark on the park map, marked as Exhibit #5, where Frey’s heart stopped, which I 128

marked as “A.” I then marked “B” where Frey was taken to before falling 300 feet. 129

The “X” was already marked on the map, which matched the GPS coordinates 130

where Frey’s body was found. Investigator Snow told me that the technical data 131

found was backed up by the Coroner’s Report, which I did not see. 132

11. As part of my technical investigation, we checked each device 133

thoroughly, ran test calibrations and confirmed both devices were in full working 134

order. There were no problems with either device. I did note a tear on the Fitbit 135

band, which is visible on the photograph taken, marked as part of Exhibit #11. 136

The tear could lead to a problem of not recording data properly. Over the course 137

of the device investigation, I did note three incomplete data logs over the course 138

of 250 entries. The incomplete data logs are indicative of the device not being 139

worn properly, battery failure, and/or times during tech upgrades. 140

12. There was much more interesting data throughout the records on 141

Frey’s phone. I did not know at the start of all this, but I learned from the data 142

pulled that the defendant, CJ Lannister, and Frey knew each other because of 143

the communication between the two. The last text in Frey’s phone was to 144

Lannister and it read, “We need to meet.” There was also a text thread for a local 145

running club called “Feet First SC,” in which there were many interactions 146

between Frey and Lannister. Those interactions were limited largely to 147

acknowledging each would be at a particular training run or other running event. I 148

also informed Investigator Snow about the hundreds of fire scene pictures on 149

Frey’s cell phone. If I had to guess, Frey was an amateur investigator looking into 150

arson fires. In checking the geotags (an electronic tag assigns a geographical 151

location to a photo or video) on many of the pictures, the geotags coincided with 152


- 31 -

dates, times, and locations of the Ross County Arson fires reported by the media. 153

Investigator Snow confirmed the pictures I saw on the phone were the same as 154

the ones recovered from Frey’s guest bedroom. Investigator Snow indicated the 155

arson findings were most likely what led to the murder of Frey. It then made 156

sense why all of those pictures located on Frey’s phone were there because he 157

also had a scanner phone app which connected to digital broadcasts of all public 158

service communications as long as the broadcasts were unencrypted. The Ross 159

County 911 and Dispatch center is easily heard since their line of communication 160

is unencrypted. Thus, anyone who has a smart phone can readily listen to Police, 161

Fire, and Emergency Management Services communications. Apparently, Frey 162

was using this phone app to go to the Ross County fires in progress for research. 163

13. The call/text log of incoming and outgoing calls for the day Frey 164

died showed a call to Investigator Snow’s phone on Sunday, November 3, 2019. 165

I knew the number immediately, because I have called Investigator Snow several 166

times on previous investigations I have worked for the Sheriff’s Department. 167

Investigator Snow confirmed receiving a voicemail message from Frey on 168

November 3, 2019. 169

14. Technology does not lie. Technology can be used to establish the 170

time of death in other jurisdictions and nationally. The fail rate of these devices in 171

my experience is low. Technology is used to prove and convict in cases all of the 172

time. Frey died on the Morgan Loop Trail at Daniel Morgan State Park, and then 173

was either carried or dragged up the trail and tossed over the side into a ravine 174

landing near the Waterfall Trail. I do not know how Kevin Frey died, but I know 175

someone had to move his body for him to end up at the bottom of a ravine. 176

[See Witness Addendum for Stanton Reed on next page.]


- 32 -

WITNESS ADDENDUM


Signed,

Stanton Reed

Stanton Reed


Anthony Roberts

Anthony Roberts, Notary Public State of South Carolina My Commission Expires: 10/24/24

1


Medical Expert

- 33 -

Affidavit of

NAT GILLY

1

1. My name is Nat Gilly. I am 53 years old. I was born and raised in Greer, 1

South Carolina. I work for the State Law Enforcement Division (SLED). I graduated from 2

Greer High School and Anderson College. Starting from a young age, I loved being 3

outdoors. The exciting feeling of being outdoors in nature and enjoying the world around 4

me never went away. I spent a good bit of time fishing on Lake Lyman and hiking 5

around Caesar’s Head. Right after college, I was trying to decide whether or not to get 6

my master’s degree. At the same time, I was considering another option I did not see 7

coming. I had an expected encounter with a Department of Natural Resources (DNR) 8

Agent, who was checking licenses one afternoon while I was fishing. It was as if a 9

flashbulb went off in my head. I could get paid to be outside in nature and protect 10

wildlife at the same time. 11

2. I applied for a position with S.C. DNR and I was hired within three months. 12

I went to the S.C. Criminal Justice Academy (SCCJA) for Basic Law Enforcement 13

training. Once I completed the basic training, I went to the DNR training, which was an 14

intensive four weeks of training near Beaufort. It was fun learning more specifically 15

about the statutes surrounding hunting and fishing, as well as advanced firearms 16

training. With most law enforcement jobs, everyone is suspected of having a weapon on 17

them when approached. It is no different with DNR when considering hunting and 18

fishing. After the DNR training, I received my first assignment in Greenwood County. Of 19

course, it meant moving away from the area I had known my entire life, but it was worth 20

it. I knocked out my Field Training Officer program in less than three months, which 21

meant I could work on my own. Afterwards, I started working my way up the ladder 22

rather quickly. I was single at the time, so I had plenty of time to sign up for all the extra 23

shifts I could get. 24

3. Eventually, I started thinking about expanding my skills beyond basic DNR 25

enforcement. I learned fire prevention and worked closely with the S.C. Forestry 26

Commission on messaging and promoting their “Smokey the Bear” program. I did public 27

speaking in schools and took the fire trailer to every group possible to teach “Stop, 28

Drop, and Roll.” It was great. I worked my way through various courses at the SCCJA 29

HIGH SCHOOL ONLY Prosecution – Nat Gilly

SLED Investigator

- 34 -

such as Narcotics Investigators School, and Basic Instructor Development. At that point, 30

I was experienced enough to get a spot in the Arson Investigator’s School offered by the 31

Fire Academy and SCCJA. With so many wild fires being intentionally set, it was a 32

natural fit for me. One of the first things taught in arson school was to be careful calling 33

things an arson unless there was enough evidence to be proven in court. Saying “arson” 34

scares the community. If it is only a fire, though sad, the conversation eventually goes 35

away. Another important lesson learned was fires started by gasoline or alcohol are 36

amateur in nature. The “pros” use Benzoyl Nitrate. Both gasoline and alcohol have a 37

high volatility and are both harder to control but easier for an investigator to pick up the 38

pour patterns. 39

4. Although I loved my job, working SLED looked appealing. When an 40

opportunity to go to SLED came open, I took it immediately. I handle general SLED 41

investigations, and I am often called to assist other agencies with cases which are 42

beyond the capabilities of local departments. About six years ago, SLED was asked to 43

work with the Ross County Sheriff’s Department (RCSD) on the Ross County Arsons 44

cases that actually go back seven years. Ross County is one of the four counties in my 45

region, so I have worked with Investigator Snow each time a new fire popped up since 46

joining efforts. 47

5. The Ross County Arsons truly did not look like an arson case in the 48

beginning. Sure, some of the earlier fires looked suspicious, but like I said, a fire cannot 49

be called arson unless it can be proven unequivocally. So, while the first few fires were 50

suspicious with no initial pattern or connection to one another, they could be explained 51

away by other means. Then all of a sudden a pattern developed. The burned buildings 52

were always abandoned. Some of the homeless population taking up residence in four 53

of the abandoned buildings indicated there were warning messages spray painted on 54

the walls days before the fires were set. All the fires tied back to a five square mile 55

radius in town. We knew for sure we had a pattern. However, we could not see what 56

linked them. We looked at owner records, insurance records, geographic records, trying 57

to tie them together. We looked at news footage of the fire scenes to see if we could 58

pick out the same person showing up at multiple locations. Kevin Frey showed up in 59

many of the different scenes reviewed. As a result, I interviewed Kevin years ago. He 60


SLED Investigator

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had been at enough of the different scenes to not be a casual onlooker. Very often 61

arsonists will hang out at a fire scene because they want to see what is happening and 62

revel in the chaos of the scene. I ruled out Kevin as our arsonist. Instead, he was an 63

amateur investigator doing the same thing we were – trying to catch the arsonist. 64

Kevin’s interest in fires stemmed from losing his aunt Mae to a house fire when he was 65

a teenager. Ever since, he hated fires and those who set them. He was sure the Ross 66

County fires were the work of an arsonist before the Sheriff’s Department and SLED 67

were confident they were the work of an arsonist instead of accidental fires. As it turns 68

out, Kevin was right. He was able to share speculation and information on some of the 69

earlier fires we had not yet linked to the Ross County Arsons. I considered Kevin an 70

asset and ally in finding the arsonist. I liked Kevin from my initial interview. I got to know 71

more about him and all of his running accomplishments. Investigator Snow did not 72

particularly like the fact someone not in fire service or law enforcement was trying to do 73

our job, but I welcomed any legitimate help from Kevin if it meant getting an arsonist off 74

the streets. 75

6. I learned about Kevin Frey’s death when Investigator Snow asked me to 76

come out to Frey’s residence on Monday, November 4th. Snow indicated that Frey was 77

found dead at the bottom of a ravine. It was surprising to hear about Kevin’s death. He 78

was way too young to die so soon. His body was being examined by the coroner at the 79

time. Snow showed me Frey’s wall of arson research. I had no idea Frey’s research was 80

to that level of detail. There was enough evidence at Frey’s residence for us to conclude 81

that CJ Lannister was the Ross County Arsonist. It was; however, a little disturbing to 82

think that Kevin was conducting an independent investigation on CJ Lannister. 83

7. Since the death of Kevin Frey turned out to be directly tied to the Ross 84

County Arsons case, Investigator Snow asked me to work along with RCSD on the 85

murder as an extension of the arson cases. As a result, I have read and reviewed 86

several of the exhibits to include: the 911 transcript (Exhibit #1), the Incident Report 87

(Exhibit #2), the Supplemental Incident Report (Exhibit #3), the Coroner’s Report 88

(Exhibit #4), the Daniel Morgan State Park map (Exhibit #5), the photo of the Ravine 89

(Exhibit #6), the Technical Report (Exhibit #7), Fitness Tracker Data (Exhibit #8) and the 90


SLED Investigator

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Menchies Receipts (Exhibit #13). I already knew the park and the ravine quite well as I 91

have often hiked there with my spouse and kids. 92

8. CJ Lannister was brought in for questioning, confessed to setting 94 fires, 93

and provided a DNA sample after being arrested for the arsons. Once we had CJ 94

Lannister’s confession, it was a lot easier to figure out the link between the different 95

fires. The biggest clue was that each property was on one of the five mile running 96

courses for the running group, “Feet First SC.” I knew about “Feet First SC” because my 97

cousin was always talking about where the group ran each time they met up. When I 98

looked at the map of the Ross County Arsons locations, I quickly noticed how easily it 99

matched the downtown “Feet First SC” running routes. We finally had what we needed 100

to connect the dots. 101

9. I disagree with the court accepting a Guilty But Mentally Ill (GBMI) plea for 102

CJ Lannister in the Ross County Arsons case. The level of sophistication it took to set 103

those fires and the accelerants used, show this was not a garden variety mentally ill fire 104

bug or pyromaniac. This was someone who treated it like a craft or an art. It was 105

obvious CJ Lannister wanted to keep improving and making bigger and better fires. This 106

also explains why there were changes in the pour and burn patterns; how the accelerant 107

was applied; and how the fires became more efficient each time. The desire to keep 108

improving the burns led to using different accelerants over time, including Benzoyl 109

Nitrate. This behavior does not match to a person out of control or mentally ill. Instead, it 110

sounds like someone in complete control both of themselves and the fire scenes 111

created. Someone this calculating over this many years concealing so many fires could 112

probably have the same qualities to commit a murder. No one can be fooled by 113

Lannister’s argument that an arsonist is not violent. An arsonist is not a good person. An 114

arsonist falls into the violent crimes category of every agency in this country. It is a 115

violent act and puts others at risk. Firefighters risk their lives to put out fires, the public is 116

endangered if any of these abandoned buildings caught other buildings on fire or 117

collapsed in an uncontrolled fashion. Kevin Frey and CJ Lannister knew each other. 118

They ran, both literally and figuratively, in the same circles. They were in communication 119

right before Frey’s death with Frey sending a text to Lannister. Frey clearly had enough 120

information to put CJ Lannister away for the arsons. It is obvious to me Kevin Frey 121


SLED Investigator

- 37 -

made the call to Investigator Snow to turn over all the information to catch and 122

incriminate CJ Lannister. 123

10. There is a lot being made about what Investigator Snow did and did not do 124

at the scene on the morning of November 4, 2019. I was not on site at the time, as the 125

CJ Lannister connection was not apparent when Frey’s body was found. Some say the 126

entire park should have been shut down faster, and for longer than a single day in order 127

to investigate the scene. Let me tell you why this action would have been useless. The 128

park was open before Frey’s body was found. Any number of runners and hikers would 129

have been on both the Morgan Loop and the Waterfall trails. Determining something 130

from broken branches or trampled grass and shrubs as signs of a struggle would be 131

next to impossible since it was the same path other runners ran. Forget about getting 132

castings of any shoe prints or anything remotely useful. There must be hundreds of 133

individual shoe prints up and down those trails. Maybe Snow should have had the Park 134

Ranger drive up to look at the area immediately above the body, although no one would 135

have known where to look. Beyond that, Kevin died further away from the point of the 136

fall, which was unknown until the fitness tracker data was pulled according to the exhibit 137

marked as Exhibit #8. So, looking at the area immediately above the ravine would have 138

produced zero evidence. 139

11. The defense is making a big deal of certain things, and I want to address 140

them. First, the coroner listed the cause of death as undetermined. Unless a coroner 141

has the literal “Smoking Gun,” they list deaths as undetermined that later prove to be 142

determined. Murders are the responsibility of the law enforcement agency and the 143

solicitor’s office to prove. Second, CJ’s DNA was a confirmed match to the DNA found 144

on both of Kevin’s hands, which clearly did not come from a single high five. Instead, 145

Kevin had to have struggled using both of his hands before he was murdered. The 146

Defense put forth an alternate theory of Kevin having had a runner’s high or runner’s 147

fatigue and simply stumbled to his death. I do not believe the proposed theory and here 148

is why. Kevin’s vast experience as a runner was common knowledge in our community. 149

Kevin routinely ran marathons and ultra-marathons. During the interview when we ruled 150

him out as the Ross County Arsonist, he talked at length about his running and how he 151

volunteered as a track coach at various schools. Kevin averaged one marathon per 152


SLED Investigator

- 38 -

month, and sometimes as many as three per month. A marathon is 26.2 miles. No one 153

can tell me a runner who regularly runs 26.2 miles is going to be experiencing runner’s 154

fatigue after less than five miles, especially on a course he ran often. Runners who are 155

well conditioned as Frey do not experience runner’s fatigue on short distances. The 156

defense is trying to argue that CJ is too small in height and weight to move a dead body 157

uphill a quarter of a mile in twelve minutes. I argue that I have witnessed officers with an 158

adrenaline rush pick up a vehicle off a victim who is not known for power lifting. 159

Adrenaline allows someone to do things they have never been known to do before. CJ, 160

full of adrenaline after killing Frey, could have moved Frey’s body as noted in Exhibit #8, 161

and run back to CJ’s vehicle in record breaking time. 162

12. Finally, Frey had a significant head wound. His head wound did not have a 163

great deal of blood around the wound. Investigator school teaches lack of blood in a 164

head wound to be indicative of a post mortem (after death) injury. For the majority of 165

people this is also true – especially if the skull is broken. The healthier the person, 166

perhaps the less a head wound would bleed. I personally have not seen a head wound 167

that did not bleed excessively. I know CJ Lannister claims to have a solid alibi of being 168

at Menchies across town with Drew Bolton. So what? CJ Lannister has a receipt from 169

Menchies. But, I still have one question. What was CJ Lannister doing between the time 170

Logan Stark left the park and CJ’s arrival at Menchies? 171

WITNESS ADDENDUM

I have reviewed this statement, and I have nothing of significance to add at this time. The material facts are true and correct. Signed,

Nat Gilly

Nat Gilly


William Smith

William Smith, Notary Public State of South Carolina My Commission Expires: 12/8/25

1

Defense – CJ Lannister

Defendant

- 39 -

Affidavit of

CJ Lannister

1. My name is CJ Lannister. I am 36 years old and I am being 1

accused of something horrible I did not do. I know I am not the best person in the 2

world and I can be messed up at times, but I am not a murderer. I had a rough 3

childhood, which is why I can be depressed and impulsive. It is true. I have 4

always been fascinated with fire, and seeing all the attention it brings. I think my 5

actions are a substitute for what I missed out on as a child. At an early age, I 6

thought it was cool to see firetrucks responding, lights flashing, and everyone 7

rushing to put out fires. It was kind of chaotic to watch, but thrilling at the same 8

time. Fast forward and I am admitting to being the Ross County Arsonist. It was 9

such an adrenaline rush to set fires, but I am not a murderer. What a horrible 10

thing for someone to think or say about me. I never hurt a single person. I 11

intentionally went out of my way to paint warnings inside of abandoned buildings 12

I was thinking of burning where I thought homeless people or kids might be. I 13

was warning them, not hurting them. 14

2. I was born here in Dodson. I went to the University of South 15

Carolina for my undergraduate degree in Business Administration. After college I 16

came back to Dodson and have worked at a travel agency ever since. I love the 17

flexible hours I have and being able to bring people joy in setting up their family 18

vacations, honeymoons, and trips abroad. I like being able to lay out a plan from 19

point A to Z and having control over each point. It takes a lot of organization, 20

meticulous planning, and experience to pull off a successful plan. 21

3. I have been an avid runner for a long time. Track, cross country, or 22

trail running – I love it all. I ran cross country and track in middle and high school 23

with a friend of mine, Logan Stark. We were also a part of a running club in 24

college. We have been friends for a long time, or at least I thought we were 25

friends. I have been part of the running club called “Feet First SC” ever since 26

getting out of college. It is a group of people all dedicated to running and fitness 27

in general. I have met a lot of good people through this group like Kevin Frey. 28


Defendant

- 40 -

Kevin is something of a celebrity in the running community here in South 29

Carolina. We were cutting up a few months prior to his death on who was 30

watching whom. We were always comparing run times with other runners, so 31

watching someone is kind of a running joke in our group. 32

4. It is true. I am the Ross County Arsonist. I have a mental illness 33

called Pyromania. I am addicted to the adrenaline I get from setting fires. I 34

remember seeing a house on fire when I was probably 12 or so and it was 35

incredible. Watching everyone run around trying to put out the fire and save the 36

house. Something clicked in me and I knew I wanted to be around fire – not be a 37

firefighter, but start fires to see everything happen. But, I cannot stop myself from 38

setting fires. I am an adrenaline junky. The first fires I set were in the woods and 39

a field back in Columbia when I went to college. The City of Columbia Fire 40

Department worked the very first couple of fires. I remember seeing the fire 41

scene and all the brush trucks and different equipment they used. I remember 42

reading in the paper how it was believed the fire was started by a cigarette. I 43

remember smiling because I knew better. Not only did I do it, but I got away with 44

it too. I tried to stop setting fires, but it never worked. The best thing to slow me 45

down from setting fires was running. I love the runner’s high after a good run. I 46

hope after all the court proceedings, I can get the help I need. There is nothing 47

connecting my type of mental illness of setting fires to committing murder. I do 48

not now, nor have I ever wanted to hurt anyone. None of the fires I started hurt 49

people. I am not a murderer. 50

5. My flexible work hours have provided me plenty of time to stay in 51

shape and keep running. I get a run in nearly every day when I am in training for 52

a half or full marathon. I do a good bit of interval training. Interval training is when 53

the workouts vary from high intensity mixed with rest or slow periods. Logan 54

floats in and out of town every so often and we go for runs together. It always 55

helps to have a partner or someone to test yourself against. I have other running 56

partners and have run a few times with Kevin. I never could keep up with Kevin 57

even in my best conditioning. Kevin was clearly in a league of his own. 58


Defendant

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6. I do not mean any disrespect, but Kevin would brag all the time 59

about how good he was and how the rest of us were not. I know a lot of people 60

think he is fabulous, but his bragging was one thing nobody could stand. It might 61

have been what got him killed. Personally, I think he either got a runner’s high or 62

he was running too fast for conditions with the darkness setting in creating poor 63

visibility on the trail. The different trails can be seen on the park map, marked as 64

Exhibit #5. 65

7. The last time I saw Logan Stark was when we were on a run 66

together on Sunday, November 3rd. Logan had called me earlier and wanted to 67

go for a run. We agreed to run on Sunday, November 3rd and met up before 68

4pm. We were on the Waterfall Trail no later than 4pm. It is a pretty easy and 69

somewhat flat course. And, I like running with Logan because we both average 70

an eight-minute mile. When we finished, Logan did a few stretches and left. After 71

I cooled down for a minute or two in the parking lot, I decided I had not worked 72

my muscles enough especially since rain was expected the next few days and 73

running would be out. I decided I was going to take the back half of the 74

mountain’s Morgan Loop Trail and turn around at the halfway point since it was 75

the first day of daylight savings time and it would be dark soon. This way, I would 76

encounter the steepest elevation changes and it would be a great finisher to my 77

run. While on the Morgan Loop Trail, I saw Kevin Frey and stopped to speak to 78

him. While I do not know what time we saw each other, I do know it was getting 79

dark. I did not know I was the last person to see Kevin until I was asked for an 80

alibi for November 3rd. Yes. I saw Kevin on the Morgan Loop Trail at Daniel 81

Morgan State Park somewhere around mile marker five. He gave me a high five 82

and we spoke briefly. Kevin said he was training for another Ironman 83

competition. I wished him the best of luck and continued with my run up to mile 84

marker four and turned back around to finish my run. 85

8. I got back to the parking lot and thought it was odd for Kevin’s car 86

to still be there because he should have been finished with his run and it was 87

getting late. His car looked like the one marked as Exhibit #12. I got in my Xterra 88

and went to Menchies for some pizza with a friend of mine, Drew Bolton. I did not 89


Defendant

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think anything of running into Kevin while on the trail. I have seen him there many 90

times over the years. Logan was my running partner when I ran the Waterfall 91

Trail, but I was by myself when I went up the back half of the Morgan Loop Trail. I 92

know the mountain trail can get tricky and especially if it is dark, but I am an 93

experienced runner and I know the trail. 94

9. On Monday, November 4th, I heard of Kevin’s death on the news. 95

The news said he died at the very park I was at the night before with Logan. I 96

was stunned to hear of his death. And then on Thursday, November 7th, I got a 97

call from Investigator Snow with the Ross County Sheriff’s Department (RCSD) 98

asking if I could come in and speak to what I knew about Kevin Frey since we 99

were both runners. I went into RCSD and met with Investigator Snow. Instead, 100

when I arrived to share what I knew about Kevin, I was immediately arrested and 101

accused of being the Ross County Arsonist. Here I was trying to help with 102

Kevin’s death and suddenly I was booked and behind bars. As I said before, it is 103

true. I have a problem. I am a pyromaniac. I am going to get medical help for 104

being a pyro. I do not think I could stop setting fires unless I was caught. So, I 105

confessed and accepted responsibility for the fires I set. 106

10. Before being put behind bars and voluntarily submitting my DNA, 107

Investigator Snow showed me a picture of the park map, marked as Exhibit #5. 108

There was an “x” marked where Kevin’s body was found. I was also shown a 109

picture of the ravine next to the trail, which was marked as Exhibit #6. I have 110

been to the park many times before, I knew the map and the ravine. Snow was 111

taking me for some kind of idiot. I said I ran the Waterfall Trail with Logan Stark 112

and then part of the Morgan Loop Trail by myself on Sunday, November 3rd. 113

Sure there were a few other runners, including a couple I had never seen before 114

and who looked kind of shady. I know whatever happened to Kevin had to be an 115

accident. The prosecution is not talking about it, but people get hurt on trails all 116

the time throughout South Carolina’s parks and especially at this one. The two 117

running trails at Daniel Morgan State Park are not paved, not very well 118

maintained, and can be uneven in places. I twisted my ankle there a few years 119

ago and had to hobble out of the park. It was not anyone’s fault, I simply placed 120


Defendant

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my foot down wrong and I fell all because of my ankle. I did not report my injury 121

to the park ranger on my way out. Instead, I limped to the car and went to the 122

Emergency Room (ER). I am sure the ER recorded my injury location when they 123

asked all the million questions when checking a patient into ER. To add more 124

proof of my injury on the trails was while my ankle was healing, I did not set any 125

fires. There is a gap in the arson timeline Investigator Snow apparently created to 126

track the arsons over the years. 127

11. In addition to the arson charges, Investigator Snow told me on 128

November 9, 2019, I could be placed on the trail with Kevin around the time he 129

died on November 3rd. I did not deny I was on the trails the day Kevin died. I told 130

Investigator Snow that previously. Kevin was alive and well when I left him on the 131

trail. Investigator Snow told me I was being charged with Kevin’s death and how I 132

killed Kevin because he was going to turn me in as the Ross County Arsonist and 133

how Kevin’s research at his residence made it enough to arrest me as the 134

arsonist. All of the sudden, things started making sense to me. I kept running into 135

Kevin all of the time, both in and outside the “Feet First SC” group. Now I know 136

why I was always running into Kevin. He was spying on me and trying to dig up 137

dirt about the arsons. Big deal. I admitted to being the arsonist. I would not kill 138

someone for that. I would not willingly give my DNA if I was guilty. Investigator 139

Snow is trying to say Frey was killed on the trail, dragged or carried up the 140

mountain, and then thrown over the side. I do not know how I am being accused 141

of doing that. Look at me. I am 5 feet 6 inches tall and weigh 165 pounds. I could 142

not lift Kevin when he was more than my own weight. While it is true – I am the 143

Ross County Arsonist, it does not make me a murderer. 144

12. Investigator Snow claims Kevin died at 5:45 p.m. I have an alibi for 145

the time of Kevin’s death they are now calling a murder, but Investigator Snow 146

does not want to or will not listen to me. I ran with Logan Stark, I then ran the 147

back part of the Morgan Loop Trail, I saw Kevin on the trail, finished my run, and 148

then I had my favorite pizza when I met up with my friend, Drew Bolton, at 6 p.m. 149

I was at Menchies Pizza, almost 25 minutes away from the park. Drew and I go 150

back forever. We enjoy catching up at dinner and laughing and talking for hours. I 151


Defendant

- 44 -

gave Investigator Snow a receipt from dinner on the night in question, which is 152

marked as Exhibit #13. Menchies has an amazing deep dish pizza with sauce on 153

top of everything. It must be a solid four inch thick pizza. The only down side to 154

their pizza is that it takes almost 25 minutes to cook. Anyway, when Investigator 155

Snow told me when Kevin died and that he was murdered, I was relieved 156

because I was nowhere near the park or on any of the trails when Kevin died. 157

13. I knew Drew would come through and back up my alibi to 158

Investigator Snow with a receipt from that night’s dinner too. Snow would realize I 159

did not kill anyone. Instead, Kevin maybe had a bad accident. I pled guilty to the 160

arsons and was honest about my mental illness, but Investigator Snow still 161

cannot separate me from the arsons and Kevin’s death. 162

14. Kevin Frey was a likeable guy although he bragged a lot. I do not 163

care that he was investigating the Ross County Arsons. Many people were 164

interested and wanted to solve the case as entertainment – like putting a puzzle 165

together. I knew sooner or later it would all catch up with me, which is why I 166

confessed. I could not stop myself from setting fires, which is a part of my mental 167

illness. Hopefully, it will come out that while I am mentally ill, I am not a murderer. 168

I hope to be cured of pyromania one day very soon and be back in society and 169

not be convicted of murdering Kevin Frey.170

WITNESS ADDENDUM I have reviewed this statement, and I have nothing of significance to add at this time. The material facts are true and correct.

Signed,

CJ Lannister

CJ Lannister


C.H. Gallant

C.H. Gallant, Notary Public State of South Carolina My Commission Expires: 11/06/29


Medical Expert

- 45 -

Affidavit of

Rio Tyrell, M.D.

1. My name is Dr. Rio Tyrell. My name gets mispronounced all the 1

time, so let me help with the pronunciation. The first part is pronounced like “her” 2

but with a “T” – “ter.” And, the second part is like bell, only with an “R” instead of 3

a “B” – “rell” and put it all together and it sounds like “ter-rell”. I am 61 years old. I 4

am a medical doctor. I have specialized as a medical examiner for most of my 5

career. I am originally from Seattle, Washington. I earned my Bachelor of 6

Science degree from Washington State University, where I double majored in 7

chemistry and molecular biology. I earned my MD from the University of 8

Washington School of Medicine. I did my post residency at St. Luke’s Regional 9

Medical Center in Boise, Idaho. Boise was too cold for me, so I decided to move 10

as far away from cold weather as possible. It was not long before a pathology job 11

came open in Dade County, Florida, and I moved to Florida. 12

2. I have been with the Medical Examiner’s Office in Dade County, 13

Florida for nearly 28 years and their Chief Medical Examiner for the last 11 years. 14

I have seen all manner of death, and many strange circumstances. Based on my 15

copious experience with death and dead bodies, I have also been called many 16

times by prosecutors and defense attorneys to testify on my findings. In Florida, I 17

only testify in prosecution cases. When I receive out of state requests, I look at 18

the details before I decide to serve as an expert or not. My curriculum vitae is 19

marked as Exhibit #9. 20

3. With respect to this case, I decided to take the retainer offered by 21

the defense and fly up to be a part of the defense team. In total, I will be paid 22

$8,000 plus expenses for my work on this case. I have no opinion as to CJ 23

Lannister’s guilt or innocence in the unrelated arson case. 24

4. The death of Kevin Frey is tragic. But, to say it was a murder and 25

further to blame CJ Lannister on such weak information is a miscarriage of 26

justice. In the process of determining these horrific errors, which I will go into 27

detail about next, I reviewed the Incident Report marked as Exhibit #2; the 28

Supplemental Incident Report marked as Exhibit #3; and the Coroner’s Report, 29


Medical Expert

- 46 -

marked as Exhibit #4. I also looked at the Daniel Morgan State Park map, 30

marked as Exhibit #5, as well as the photographed ravine, marked as Exhibit #6. 31

I needed to see those to better understand the Coroner’s Report. 32

5. I like technology and the modern conveniences it can provide as 33

much as the next person, but to rely on it heavily can be dangerous and foolish. 34

As a result, one might not look at all of the evidence or lack thereof. While I 35

would not call myself an expert in modern cell phones and fitness trackers, I have 36

owned two cell phones between my Medical Examiner’s Office issued iPhone 37

and my personal cell phone, a Samsung Galaxy S10 Plus. I have seen glitches 38

within both devices. Therefore, both operating systems have created timestamp 39

issues, and made emails seem like they were being sent during the middle of the 40

night. I am positive I do not send emails after midnight as I have a strict sleeping 41

schedule of going to bed at 22:30 hours every night. I am rather regimented, 42

which allows me to better focus on work and all aspects of my life. 43

6. To make the assessment of Kevin Frey dying in a location other 44

than at the bottom of the ravine is a stretch to say the least based on my 45

evaluation of the Coroner’s report, the map, and photo of the ravine. The defense 46

team also asked me to review the technical report, marked as Exhibit #7, as well 47

as the fitness tracker data, marked as Exhibit #8. I normally would not be an 48

expert on or review a technical report; however, since the prosecution is using 49

data from the technical device in order to make a statement about an exact time 50

of death, it falls within my purview as a medical examiner to review the same 51

data. I take issue with the reliance upon technology, specifically a fitness tracker 52

being used to establish a time of death. More work should have been done 53

instead of only relying on technology. An interesting discussion of technology, but 54

one not considering all possibilities. I have often heard of fitness trackers losing 55

their connection with either the phone or with the user. I checked with coworkers 56

within the Medical Examiner’s Office who run or participate in other outdoor 57

activities. All of them have reported multiple occurrences in which their fitness 58

trackers either lost connection with their phone, or did not record their heart rate, 59


Medical Expert

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or both. Through an informal polling of several people within my office, 60

statistically speaking this must occur to other people. It is easy to assume this 61

could have happened with Kevin Frey as well. While I agree with the output 62

registered as to elevation changes and GPS locations, I am skeptical as to the 63

heart rate data and its connection to Kevin Frey. If the heart rate stopped, but 64

movement continued, it is my opinion the device did not have a good connection 65

with Kevin. 66

7. As noted in the Coroner’s Report and talked about by everyone in 67

the local running community, Kevin Frey was in excellent health. He was known 68

for his run times, ultra-marathons, and Ironman competitions. The Coroner’s 69

Report also indicates several different injuries including a compound fracture of 70

the femur, multiple contusions, abrasions, and a large laceration to the head. It is 71

true there was not a notation of excessive blood loss from the lacerations. The 72

general rule most people believe is head wounds are really bloody, which is not 73

always the case. I do not believe it was the case with Kevin Frey. Generally 74

speaking, athletes like Kevin who are in such great shape have lower blood 75

pressure than non-runners. Less bleeding takes place with lower blood pressure 76

when a laceration occurs. In addition to lower blood pressure, adrenaline 77

released in the human body can and does slow the rate of bleeding. Think of 78

adrenaline as a natural boost to blood clotting. Some types of blood clotting 79

packets given to law enforcement and military service members have a type of 80

adrenaline powder in the packet, which helps speed the clotting process for 81

people suffering from lacerations or gunshot wounds. 82

8. Another item of interest not addressed by the Coroner’s Report is 83

the existence of runner’s fatigue and/or runner’s high. Both are well documented 84

medical conditions. Runner’s high is when the body releases large amounts of 85

endorphins. These endorphins impair the body’s ability to feel pain and produce 86

good feelings naturally. At times, runners who exceed the limits of their running 87

ability can feel the runner’s high. Continuing to run after the runner’s high kicks in 88

can create a dangerous situation with the lessened ability to feel pain causing the 89


Medical Expert

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runner to overextend running. With runner’s fatigue it is possible to start 90

stumbling and falling. There are plenty of examples of both runner’s high and 91

runner’s fatigue combined. Take the finish line footage of the Boston Marathon, 92

the New York Marathon, or the Olympics. When some of the runners approach a 93

finish line, they look drunk. Their running gait can appear uneven or their stride is 94

wavering, which is clearly a runner running beyond their training and abilities. Not 95

to mention, daylight savings time changed on November 3, 2019, with the clocks 96

going back an hour. The evening would have gotten darker much earlier. And if 97

getting darker was not planned for, returning from a run at dusk would have been 98

much harder to navigate while experiencing runner’s fatigue cause him to 99

stumble and land in the bottom of the ravine. Certainly if the Sheriff’s Investigator 100

had immediately gone to the topside of the ravine to look for evidence of a 101

struggle, I would not be here to testify today. 102

9. The Coroner’s Report noted the presence of DNA on both of 103

Kevin’s hands, which was of a testable amount. The DNA tested did return a 104

positive match to the defendant, CJ Lannister. The amount of DNA recovered 105

from Kevin’s hands was not noted in the report, which is an omission that should 106

not have been permitted. It is lazy and the coroner should be ashamed to have 107

allowed this to occur. In the Medical Examiner’s Office (or Coroner’s Office as it 108

is called in South Carolina), we often testify about where, when, and how much 109

DNA evidence is collected. We must be able to differentiate between defensive 110

wounds and DNA transfer with common and consensual interactions, like 111

someone giving a hand shake or a high five. Although both involve the transfer of 112

DNA between people, the relative amounts in the transfer would be different. 113

DNA transfer is something requiring proper documentation. Without such proper 114

documentation, a causal link cannot be reliably established. I also take issue with 115

the time of death assessment. Due to weather conditions in the area, the time of 116

death could be off by as much as two hours. I researched the weather around the 117

time of the incident. On November 3, 2019, the temperature was 56 degrees at 118

noon and by 6pm on or about the estimated time of death, the temperature was 119


Medical Expert

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50 degrees that evening. Not only that, but overnight the temperature dropped to 120

39 degrees. Colder temperatures, especially approaching freezing will alter the 121

process of estimating the time of death. One of the problems generated by TV 122

shows within our society at large is how a medical examiner is portrayed giving a 123

time of death accurate within minutes, which is simply TV fantasy. Most good 124

medical examiners can narrow down time of death within a window of a couple of 125

hours. But still, an assessment like this has to take into account weather 126

conditions; too hot and decomposition accelerates or too cold and decomposition 127

slows or stops. 128

10. I reviewed the fitness tracker data, marked as Exhibit #8. I agree 129

with the output registered as to elevation changes and GPS locations. I am 130

skeptical as to the heart rate data and its connection to Kevin Frey. If the heart 131

rate stopped, but movement continued, it is my opinion the device did not have a 132

good connection to Kevin Frey. Not to mention, the fitness tracker had a tear on 133

the wrist band, which is pictured in part of Exhibit #11. To understand me, the 134

fitness tracker tracked the elevation changes and distance traveled, but it could 135

not track the heart rate accurately if the wristband was torn causing a loose 136

connection to the wrist. 137

11. Based upon the information I reviewed, it is my opinion Kevin Frey 138

had an accidental fall and died at the bottom of the ravine where he was found, 139

which can all be found in my report, marked as Exhibit #10. 140

WITNESS ADDENDUM


Signed,

Rio Tyrell, M.D. Rio Tyrell, M.D.


Nathaniel Lee Nathaniel Lee, Notary Public State of South Carolina My Commission Expires: 07/23/27


Medical Expert

- 50 -

Affidavit of

Drew Bolton

1

1. My name is Drew Bolton. I am 37 years old. I am a year older than 1

CJ Lannister and we have been friends since childhood. There is no way in this 2

world CJ murdered Kevin Frey. There is simply no way. We grew up doing all the 3

things kids do – riding bikes, swimming, running, and camping trips with my 4

family. CJ had a rough childhood, so when we were together we tried to make 5

our time fun and memorable. Essentially, it was an escape from reality for CJ. If 6

you ask me, CJ always sat a little too close to the campfires when we camped, 7

but hey, there is one in every crowd. All the way through high school, we were 8

into everything together. Sometimes we skipped class and got into trouble 9

together. Whatever. Kids will be kids is always what parents say. CJ ran track 10

and cross country in middle and high school, and I worked on the school 11

yearbook. I liked working on the yearbook because of all the involvement I got to 12

have with everyone in our school. It also did not hurt to legitimately get out of 13

school to sell ad space in the yearbook. 14

2. CJ and I went to different schools for college, but we stayed in 15

close contact. We were both back home at the same time several weekends per 16

semester. And, we were always home to hang out during the summers. I went to 17

Wake Forest University for my undergraduate degree in education and then to 18

Duke for a master’s degree in special ed. While working on my undergraduate 19

degree, I worked at a law firm as a runner and researcher in Winston Salem. The 20

firm specialized in criminal defense work. And then while working on my master’s 21

degree, I worked for the North Carolina Department of Mental Health, 22

Department of Developmental Disabilities and Substance Abuse. I was a 23

substance abuse counselor. I worked pretty closely with staff psychologists and a 24

few psychiatrists who treated the mental illness portion of substance abuse and 25

addiction. 26

3. In 2008, I came back home to Dodson after graduating from 27

college. As a teacher, I hold special ed certifications for preschool, upper 28

HIGH SCHOOL ONLY Defense – Drew Bolton

Friend of Defendant

- 51 -

elementary and middle school. I have been with the Ross County School District 29

for the last 13 years. I originally planned to teach general special ed at the middle 30

school level when I came home, but there were no middle school openings. 31

Instead, I took a long-term substitute position in a preschool special ed 32

classroom and fell in love with the age group. I quickly took the Praxis exams to 33

gain certification in early education and have been in the elementary special ed 34

world ever since. For the last ten years, I have specialized in autism-only 35

preschool classrooms. I love it and it is what I was meant to do. 36

4. I also know Logan Stark from middle school forward. Logan, CJ, 37

and I were all part of the same circle of friends. I never liked Logan very much 38

back then, and now less so. Logan is one of those people in every group of 39

friends. Logan is the person who must be in the know all the time. Some may 40

refer to Logan as the keeper of everyone’s secrets. In our case, Logan was the 41

one who gossiped about everyone. Logan thrived on knowing who was doing 42

what and when, and especially loved the chaos of sharing anything that could 43

hurt others. Honestly, I do not know how CJ and Logan could have been friends 44

this long. Logan is not someone I go out of my way to spend time with, and less 45

so to share anything meaningful about my life. 46

5. Over the last four years or so, like many in this beautiful part of our 47

state, I have taken up trail running. In the spring, it is so peaceful to be out in 48

nature, running without headphones or any other connection to the modern 49

world. I love to hear the birds chirping and other animals rustling as the forest 50

starts to come alive. In mid-summer with the shade in the forest, running is not 51

nearly as punishing as being out on an asphalt road with the sun beating down 52

and the heat rising up. It is also a relatively cheap way to stay healthy. I buy a 53

new pair of running shoes about every three months or every 120 miles. I have 54

several pairs which I rotate out so as not to wear them all out at once. 55

6. I know Kevin Frey from running. I am not anywhere near the 56

condition of Kevin or CJ, but it does not mean I love running any less. With more 57

training time, I think I will be up there with CJ and an 8-minute mile one day – 58

maybe. But then again, I might be dreaming. 59


Friend of Defendant

- 52 -

7. I have done trail running with Kevin and CJ regularly. But not often 60

with both of them at the same time as the trails can get a little crowded and we 61

run at different paces. Besides, I did not like running with Kevin because it was 62

never a very positive experience. CJ and I knew if we want to run with Kevin to 63

meet up at the trails at 5pm. Kevin was known for his predictable schedule of 64

running at the same time every day, and almost always the same trail. Kevin 65

liked the toughest mountain trail in Daniel Morgan State Park, the Morgan Loop 66

Trail. I am very familiar with the Daniel Morgan State Park, as it is pictured in 67

Exhibit #5. If I needed a punishing or a challenging run, it was easy to join Kevin. 68

He always wanted someone he could show off against instead of a running 69

partner to lift up and boost. When I run with someone, I need a partner to 70

encourage and build me up. Neither Logan, CJ, nor I were of the caliber to run 71

with him. He could seemingly keep a six-minute mile pace forever. Logan and CJ 72

ran closer to an eight-minute mile pace on the moderate, Waterfall Trail. Unless a 73

partner is encouraging and pushing me to run harder to push for an eight-minute 74

mile, I am more likely to average a ten-minute mile. 75

8. I mention Kevin and CJ, because several things happened in a row. 76

First, it was all over the news that Kevin was found dead at Daniel Morgan State 77

Park on November 4th. And then a few days later, CJ confessed to being the 78

Ross County Arsonist. And then on November 8th, I received a call to come 79

down and verify CJ’s whereabouts for November 3rd. I had no clue what was 80

going on in Dodson. 81

9. I told Investigator Snow that CJ asked me about going for a run on 82

Sunday, November 3rd, at 4pm with Logan. I mentioned that Logan is not my 83

favorite person to be around, so I told CJ I would take a pass on the run. CJ 84

asked if we could meet up for dinner after the run. I asked if CJ would be solo, or 85

was Logan going to come to dinner as well. CJ knew how I felt about Logan and 86

said it would only be the two of us. I said, sure, how about Menchies since it was 87

the place to go for our favorite pizza. CJ said depending on how long the run with 88

Logan took, we could meet up somewhere around 6 p.m. at Menchies. To 89

understand the area better, if the traffic lights are all green between the park and 90


Friend of Defendant

- 53 -

Menchies, it is right at a 23-minute drive time. And, one single red light makes 91

Menchies more than 28 minutes away from the park. I know I sound obsessed 92

with Menchies. I have the drive time from the park to Menchies down pat, 93

because it is where we like to go after our runs. CJ met me at about 6:45 p.m. at 94

Menchies. I was disappointed CJ was later than expected because I was hungry. 95

I already had a table and a couple of sweet teas. CJ finally arrived looking 96

disheveled and kind of out of it or distracted in the beginning – I guess from being 97

late. Given the time of their run at 4 p.m., I was surprised CJ was late. CJ 98

stopped by the table and asked me to order our favorite pizzas, while CJ ran to 99

the restroom to change and clean up from the run. I thought that was kind of 100

weird since we have done runs before going to Menchies and we never changed 101

clothes before eating. CJ had some fresh scrapes and scratches on both arms, 102

but I did not ask about them. Trail runners are forever getting scrapes and 103

scratches from tree limbs, bushes and so on. I know I certainly have gotten 104

banged up during trail runs in the past specifically at Daniel Morgan State Park. It 105

is a very natural environment, so the minimum is done to maintain the trails. 106

10. I ordered the monster meats pizza and added green peppers for 107

me. I ordered CJ’s super veggie pizza. It seemed like I was sitting there forever 108

waiting on the pizzas and CJ. It usually averages about 20-25 minutes to get a 109

pizza to the table after ordering because they are so thick and made to order. 110

Shockingly, the pizza was on the table before CJ returned. Strangest thing, CJ 111

came back to the table without the clothing worn from the run. I asked about it, 112

and CJ said, “I didn’t want to bring them back to the table, so I tossed them.” We 113

were at dinner for probably two hours, between eating and talking. While there, I 114

ordered us a pizzookie, which is a pizza cookie large enough to share. I did most 115

of the eating and talking the entire time. CJ barely finished one slice of pizza 116

instead of the normal three. CJ was in a good mood and we had a good time 117

together. However, it was out of character for CJ to be so disheveled, to change 118

clothes before eating, and then barely eat. I guess we all have an off day every 119

now and again. I also told Investigator Snow we left Menchies a little before 9 120


Friend of Defendant

- 54 -

p.m. Investigator Snow asked me for my Menchies’ receipt, which was no 121

problem because it was still in my car. The receipt is marked as Exhibit #13. 122

11. I think I am a pretty good judge of my friends and their moods. To 123

have killed someone and then go to dinner without a care in the world would be 124

impossible for CJ. I admit I was alarmed when CJ confessed to being the Ross 125

County Arsonist, but it does not change my mind about my assessment of CJ. 126

Clearly, it means CJ needs help and cannot control the desire to set fires, which 127

is a sickness. Sick people should not be locked up, they should be treated. 128

Pyromania is a type of impulse control problem as defined by the Diagnostic 129

Statistical Manual of Mental Disorders (DSM-5) – at least that is what 130

psychiatrists use to determine mental illness in people. I am a special ed teacher, 131

we have to look at the DSM-5 from time to time. Remember, I worked as a 132

substance abuse counselor before I was a special ed teacher. Addiction and 133

mental illness go hand in hand. CJ will get the help needed and therapy after the 134

Guilty But Mentally Ill (GBMI) plea to the Ross County Arsons case, and should 135

continue to get therapy in order to return to our community and be safe. There is 136

a huge stretch to go from a mental illness to being a murderer. My friend did not 137

do this, and there is no way I will ever believe CJ Lannister killed Kevin Frey. 138

WITNESS ADDENDUM

I have reviewed this statement, and I have nothing of significance to add at this time. The material facts are true and correct. Signed,

Drew Bolton

Drew Bolton


Miriam Hall

Miriam Hall, Notary Public State of South Carolina My Commission Expires: 04/01/22

- 55 -

EXHIBITS

- 56 -

EXHIBITS AVAILABLE TO BOTH PARTIES

The parties have stipulated to the authenticity of the trial exhibits listed below. The Court will, therefore, not entertain objections to authenticity of these trial exhibits. The parties have reserved any objections to the admissibility of any of these exhibits until the trial of the above-captioned matter. The trial exhibits may be introduced by either party, subject to the Rules of Evidence and the stipulations of the parties contained in the materials.

EXHIBIT # EXHIBIT DESCRIPTION

1 911 Report, November 4, 2019

2 Incident Report

3 Supplemental Incident Report

4 Coroner’s Report

5 Daniel Morgan State Park Map

6 Photo of Ravine

7 Technical Report

8 Fitness Tracker Data, November 3, 2019

9 Curriculum Vitae of Rio Tyrell, M.D.

10 Pathology Report on Kevin Frey

11 Photos of Kevin Frey’s Personal Affects

12 Infiniti Convertible

13 Menchies Pizza Receipts, November 3, 2019

- 57 -

Exhibit #1: 911 Report, November 4, 2019

911 Detail Report

Incident Number: 281SCFD09072019 Incident Date/Time: 11/04/2019 Incident Address: 1500 Daniel Morgan Pkwy., Dodson, SC 29000 Incident Time: 08:13:15 Incident Status: Closed Cell/Caller Confirmed: Monica Bens

Unit Time Call Content

Dis.8 08:13:15 Incoming Call Dispatcher 8 – Ross County 911. Is your emergency police, fire, or medical?

Caller 08:13:20 My name is Monica Bens. I’m on the Waterfall Trail at Daniel Morgan State Park. I think I need

an ambulance here. There is a guy at the bottom of the ravine here and he is not moving.

Dis.8 08:13:30 Thank you. Are you in any danger?

Caller 08:13:34 No. I am safe. It is quiet here. He looks pretty bad. Please hurry.

Dis.8 08:13:44 I understand and I am going to dispatch EMS to your location. I need you to stay where you are and keep the phone line open. We are using the location of your phone to track where EMT’s need to go on the trail.

Caller 08:13:53 Thank you. I will stay right here on my cell.

Dis.8 08:13:58 EMS4. Dispatch8.

EMS4 08:14:04 Dispatch8. EMS4. Go ahead.

Dis.8 08:14:08 EMS4. Please respond to report of a male down on the Waterfall Trail at Daniel Morgan State Park. GPS Coordinates of caller’s phone is N32, W82.

EMS4 08:14:20 Dispatch8. EMS4 Confirms. Arriving at park in three minutes.

Dis.8 08:14:28 Monica, are you still on the line with me?

Caller 08:14:46 Yes. I am here.

Dis.8 08:14:52 The EMS4 unit will be at the park in three minutes. In the past, the park ranger has to transport

the EMS4 responders via an all-terrain vehicle. So, it will be a little longer after that. Hang tight.

Caller 08:15:01 Good. The guy has not moved at all since I called you.

EMS4 08:19:03 Dispatch8. EMS4 at park. Riding with park ranger in off terrain unit to incident location.

Dis.8 08:19:43 EMS4. Dispatch8 copies on site at park and being transported by park ranger.

EMS4 08:25:30 Dispatch8. EMS4 on scene. Please dispatch Ross County Sheriff’s Dept. (RCSD) & Coroner.

Dis.8 08:25:56 EMS4. Dispatch8 copies request.

Dis.8 08:26:35 Ma’am, I understand EMS4 is on scene. You can hang up now and thank you.

Dis.8 08:27:04 RCSD226 and Coroner. Assistance needed with male down at GPS coordinates N32, W82.

RCSD226 08:27:40 Dispatch8. RCSD226. Confirm and en route.

RCSD226 08:31:16 Dispatch8. RCSD226. Arrived at park entrance. Park ranger to transport to scene.

Dis.8 08:31:23 RCSD226. Good copy.

RCSD226 08:41:17 Dispatch8. RCSD226. Mark me on scene with EMS4.

Dis.8 08:41:58 RCSD226. Good copy.

Coroner 10:52:13 Dispath8. Coroner arrived at park entrance. Park ranger to transport to scene.

Dis.8 10:52:16 Dispatch8. Good copy.

Coroner 11:02:04 Dispatch8. Coroner. Mark me on scene with EMS4 and RCSD226. EMS4 released.

Dis.8 11:02:16 Coroner. Good copy.

RCSD226 11:47:18 Dispatch8. Coroner and RCSD226 clearing Incident #281SCFD09072019.

Dis.8 11:47:23 Coroner and RCSD226. Good copy. Incident #281SCFD09072019 closed.

- 58 -

Exhibit 2: Incident Report

ROSS COUNTY SHERIFF’S DEPARTMENT 107 Courthouse Square, Morgan, South Carolina 29133 (803) 555-1234

INCIDENT REPORT

PRINT OR TYPE ALL INFORMATION

EV

EN

T

INCIDENT TYPE COMPLETED FORCED ENTRY PREMISE

TYPE UNITS

ENTERED TYPE VICTIM Individual Business Government Other

Suspicious Unattended Death YES NO YES NO Park 1

YES NO YES NO

INCIDENT LOCATION (SUBDIVISION, APARTMENT AND NUMBER, STREET NAME AND NUMBER) Case #

Daniel Morgan State Park, 1500 Daniel Morgan Parkway, Dodson, SC 29000 190907

INCIDENT DATE 24 HOUR CLOCK TO DATE 24 HOUR CLOCK

11/04/2019 08:27 11/04/2019 09:55

COMPLAINTANT’S NAME (LAST, FIRST, MIDDLE) RELATIONSHIP TO SUBJECT DAYTIME PHONE EVENING PHONE

Bens, Monica None 803-867-5309 803-867-5309

ADDRESS CITY STATE ZIP CODE

709 North Main Street Dodson SC 29000

SU

BJE

CT

NO

.1

NAME (LAST, FIRST, MIDDLE) AKA

None

FACIAL HAIR, SCARS, TATOOS, GLASSES, CLOTHING, PHYSICAL PECULARITIES, ETC.


SUBJECT (NO.1) USING: ARRESTED NEAR OFFENSE SCENE DATE / TIME OF OFFENSE DATE / TIME OF ARREST

ALCOHOL YES NO UNKNOWN DRUGS YES NO UNKNOWN

YES NO

NA

RR

AT

IVE

RCSD & Coroner were dispatched to Daniel Morgan State Park based on a 911 call at 08:27 hours. Call was for a male

down near Waterfall Trail. I arrived on scene @ 08:41 hours. EMTs found a non-responsive male. I identified the victim

as Kevin Frey. Monica Bens, who called 911, was questioned. She did not see any runners on the trail, or in the parking area.

She had nothing of investigative value other than noticing Frey’s body. Park was closed down after Coroner’s arrival.

Something did not look right & a thorough autopsy was requested. Coroner put bags on both of Frey’s hands to protect

trace evidence and transported body. Frey’s personal effects included a key fob, a fitness tracker, & a cell phone. Parker

Ranger Cummings provided park map. I marked an “X” for Frey’s body location on the map. Scene was cleared on Nov. 4 @

11:47 hours. Frey left a v/m msg. the prior day requesting a mtg. for today to meet w/ me. Topic of mtg. wasn’t disclosed.

Add’l follow-up required pending results of autopsy & tech. report. Supp. Report required. JURISIDICTION OF: RCSD

Pro

pe

rty

ES

TIM

AT

E TYPE (GROUP) TOTAL VALUE

STOLEN

DAMAGED

BURNED

RECOVERED

SEIZED

AD

MIN

IST

RA

TIV

E

SUBJECT IDENTIFIED YES NO

SUBJECT LOCATED

no

ACTIVE ADM. CLOSED UNFOUNDED

ARRESTED UNDER 18 ARRESTED 18 AND OVER

EX-CLEAR UNDER 18 EX-CLEAR 18 AND OVER

REASON FOR EXCEPTIONAL CLEARANCE: 1. OFFENDER DEATH. 2. NO PROSECUTION 3. EXTRACTION DENIED 4. VICTIM DECLINES OPERATION 5. JUVENILE NO CUSTODY

REPORTING OFFICER DATE 24 HOUR CLOCK

APPROVING OFFICER DATE UNIT NUMBER

Inv. Jordan Snow 11/04/19 12:45 Sheriff Perry 11/04/2019 469

FOLLOW-UP INVESTIGATION REQUIRED YES NO

✓ ✓

✓

✓

AGENCY ID

SC04600

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Exhibit 3: Supplemental Incident Report (Page 1 of 2)


SUPPLEMENTAL INCIDENT REPORT (PRINT OR TYPE ALL INFORMATION)

INCIDENT LOCATION (SUBDIVISION, APARTMENT AND NUMBER, STREET NAME AND NUMBER) CASE #

Daniel Morgan State Park, 1500 Daniel Morgan Parkway, Dodson, SC 29000 190907-2


11/04/2019 08:27 11/04/2019 09:55


Bens, Monica None 803-867-5309 803-867-5309 ADDRESS CITY STATE ZIP CODE


SU

BJE

CT

NO

.1


Lannister, CJ N/A FACIAL HAIR, SCARS, TATOOS, GLASSES, CLOTHING, PHYSICAL PECULARITIES, ETC.

None


142 Highway 522 Unit 1 Dodson SC 29001 SUBJECT (NO.2) USING: ARRESTED NEAR OFFENSE SCENE DATE / TIME OF OFFENSE DATE / TIME OF ARREST


YES NO

SU

PP

LE

ME

NT

AL

NA

RR

AT

IVE

DATE 11/9/2019 24 HOUR CLOCK 13:55

11/4/2019: Received results of the autopsy of Kevin Frey.

11/5/2019:

(A) Frey’s fitness tracker data showed his heart stopped 11/3/19 @ 17:36 hours followed by movement of location.

(B) After receiving Reed’s report confirming autopsy, the focus shifted from accidental death to homicide.

(C) Returned to park and inspected Morgan Loop Trail @ GPS Coordinates N34,W81 and N33,W81.5.

(D) No evidence was found at park. It rained the night before, as predicted.

(E) Secured a warrant to search and gain entry to Frey’s residence and found an extremely detailed research wall on the

Ross County arsons indicating CJ Lannister was the Ross County Arsonist.

(F) The SLED Investigator, Nat Gilly, the joint investigator on the Ross County Arsons was contacted immediately to

meet me at Frey’s residence. Together, we were able to confirm Kevin Frey’s research wall was accurate.

11/7/2019: An arrest warrant was secured for CJ Lannister on the Ross County Arson cases. Lannister was invited

to the RCSD. Miranda rights were given. After questioning, Lannister admitted to being the arsonist and was arrested.

Since Lannister knew Frey, Lannister was asked about an alibi for the evening of November 3rd. Lannister indicated

having ran with Logan Stark at Daniel Morgan State Park and dinner immediately following with Drew Bolton at Menchies

at 18:00 hours. After their run, Lannister decided to run again, but did the backside of the Morgan Loop Trail. Lannister

did see Frey briefly on the trail, they exchanged conversation & high fived. Although admitting seeing Frey, Lannister

repeatedly denied involvement in Frey’s death stating he was alive and well when Lannister last saw him

Following Lannister’s interviews and arrest for the arsons, CJ Lannister consented to giving a DNA sample the same day.

11/8/2019: (A) Logan Stark contacted me regarding additional information on Lannister. Stark and Lannister had been

childhood friends. Stark voluntarily came in and offered up information that perhaps Lannister had been involved with fires

In Columbia during college days since Lannister had been arrested as the Ross County Arsonist. Those fires were outside

The Department’s jurisdiction, so contact was made with City of Columbia Fire Dept. Stark was very emotional because

Stark knew Kevin Frey who had passed and also knew CJ Lannister, recently arrested. Stark had run with Lannister at

The Daniel Morgan State Park on Sunday, November 3. They planned the run early because daylight savings time

AGENCY ID

SC04600

✓

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Exhibit 3: Supplemental Incident Report (Page 2 of 2)


SUPPLEMENTAL INCIDENT REPORT (PRINT OR TYPE ALL INFORMATION)

INCIDENT LOCATION (SUBDIVISION, APARTMENT AND NUMBER, STREET NAME AND NUMBER) CASE #

Daniel Morgan State Park, 1500 Daniel Morgan Parkway, Dodson, SC 29000 190907-2


11/04/2019 08:27 11/04/2019 09:55


Bens, Monica None 803-867-5309 803-867-5309 ADDRESS CITY STATE ZIP CODE


SU

BJE

CT

NO

.1


Lannister, CJ N/A FACIAL HAIR, SCARS, TATOOS, GLASSES, CLOTHING, PHYSICAL PECULARITIES, ETC.

None


142 Highway 522 Unit 1 Dodson SC 29001 SUBJECT (NO.2) USING: ARRESTED NEAR OFFENSE SCENE DATE / TIME OF OFFENSE DATE / TIME OF ARREST


YES NO

SU

PP

LE

ME

NT

AL

NA

RR

AT

IVE

DATE 11/9/2019 24 HOUR CLOCK 13:55

changed that day. They were on the Waterfall Trail beginning at 16:00 hours. They did not see Frey on the trail, but did

see his yellow car at the park when leaving. Stark thought Lannister was acting oddly on the trail, which was near the “X”

marked on the park map shown to Stark. Stark left the park with Lannister still in the parking lot between 17-17:30 hours.

Afterwards, Stark went to the hospital to see friends. Hospital security confirmed alibi. Stark indicated Lannister was

going to meet a friend for dinner after the run. I asked how Stark knew Frey. Stark indicated they were in the same “Feet

First SC” group. I followed-up with questioning on Lannister’s relationship with Frey. Stark witnessed Frey stating to

Lannister, “I’m watching you. Don’t think I don’t know.” Stark was not aware of what was transpiring, but also witnessed

Lannister snapping back, “No, I’m watching you and your days are numbered.” Stark thought the banter was about

Lannister referring to beating Kevin’s run time, but now wonders if the confrontation meant something else.

11/8/2019: (B) Contacted and interviewed Drew Bolton. On 11/3, Bolton was asked to join on a run with Lannister

and Stark. Bolton declined the run, but agreed to meet up for dinner after the run that same day. Lannister was to

arrive at 18:00 hours for dinner at Menchies, but did not arrive until around 18:45 hours according to Bolton. Lannister

asked Bolton to order their dinner while Lannister freshened up, which took approximately 25 minutes. Lannister joined

Bolton for dinner in a change of clothes and discarded previous clothing. Lannister had some scrapes and scratches, but

Bolton said that was typical from trail running. Lannister barely ate dinner, which was not typical behavior. Bolton supplied a

receipt from Menchies confirming Lannister and Bolton were one customer number a part and departed at 20:50 hours.

11/9/2019:

• DNA trace evidence found on Frey’s body matches to CJ Lannister.

• This investigator met with the Solicitor’s Office and sought an indictment of CJ Lannister for murdering Kevin Frey.

• Formally charged CJ Lannister with the murder of Kevin Frey. Lannister denied being the murderer stating a

personal height of 5 feet , 6 inches along with weight of 165 pounds would prevent any ability to overtake Frey.

AGENCY ID

SC04600

✓

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Exhibit #4: Coroner’s Report

STATE OF SOUTH CAROLINA - SOUTH CAROLINA CORONER’S OFFICE

DIVISION OF FORENSIC SCIENCES - RECORD OF CORONER

Name of Deceased Kevin Frey County Ross

Age 34 Date of Birth 10/24/1985

Height 74.5” Date of Death 11/03/2019

Weight 185 lbs. Time of Death 17:45 Hours

MANNER OF DEATH

( ) Natural ( ) Homicide ( ) Suicide ( ) Accident ( X ) Undetermined ( ) Other PURPOSE OF REPORT

( X ) Autopsy ( ) Limited Dissection ( ) External Exam ( ) History Review

PERFORMED BY Chandler Davis, M.D. Date 11/04/19 Hour 18:30 Hours

APPROVED Stephan Bonner, M.D. Date 11/04/19

CAUSE OF DEATH

External Examination: The body is of an adult male, approximately 74.5” in height, and weighing 185 lbs.

Multiple external injuries are present and readily visible upon inspection of the body. Beginning at the head and moving down. There is a large laceration of approximately 8 inches in length, moving from the crown of the head, moving to the right front of face and downward past the right ear. For the size and little depth of the laceration, there is very little blood at or around the wound location, indicating a post mortem wound.

Both shoulders and torso area have abrasions, contusions, and puncture injuries. The upper body injuries are consistent with striking multiple branches or bushes during a fall from moderate to high height. Multiple ribs on right side are broken. A large contusion in the same area as broken ribs indicate a large force trauma from a blunt object.

Found DNA trace evidence from both hands.

In the lower extremities, the left femur presents a compound fracture with approximately 8” of bone protruding through the skin. The same type of abrasions and contusions as in the torso exist in both legs. The feet appear to have been protected from injury by running shoes, but did note a prior healed ankle fracture. Internal Examination:

Cardiovascular: The heart is normal size and weight for patient’s age and appears structurally normal.

Respiratory: The lungs appear to be normal size and weight. Tissue appears to be normal.

Hepatobiliary: The liver appears to be normal.

Gastrointestinal: The typically formed tongue, esophagus, gastroesophageal junction, serosal stomach and gastric mucosa are without note. The stomach, large bowel, and small bowel appear normal.

Other Procedures: 1. Documentary photographs are obtained. 2. Blood, urine, bile, and vitreous are submitted for toxicological analysis. All reports clear. 3. Blood is submitted for serological analysis, if necessary. 4. Head and body hair is submitted. 5. Clothing is submitted for volatile determination. 6. Possessions (fitness tracker, phone and key fob) are in possession of RCSD for examination.

Autopsy Findings: At the time of death, this was an otherwise healthy 34 year old.

Cause of Death: Blunt force trauma caused the death. Due to the post mortem injury to the head, the death is undetermined because it cannot be confirmed if the death was accidental or homicide.

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Exhibit #5: Daniel Morgan State Park Map

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Exhibit #6: Photo of Ravine

Geotag: N32, W82

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Exhibit #7: Technical Report (Page 1 of 2)

Technical Report: Related to Kevin Frey

Reviewed: Fitbit Ionic and Apple iPhone 8

Date: November 5, 2019

This technical report serves as a review of a Fitbit Ionic and Apple iPhone 8. Said items were provided on November 4, 2019, by Investigator Snow with the Ross County Sheriff’s Department for external and internal examination. The owner of the devices was identified as the deceased Kevin Frey.

External Inspection: Both devices present with cosmetic blemishes, scratches and the like indicative of heavy use. The Fitbit Ionic has a partially torn wristband strap and minor scratches to the surface area of the watch. The iPhone 8 is in a protective case. In addition, it has a glass screen protector with multiple cracks to it. The exterior of the case shows a great deal of scratches and dents.

Internal Inspection: No security provisions were on the Fitbit Ionic. The iPhone had security enabled. Encryption cracking software not necessary, as passcode had been set to 8507. Each device was checked thoroughly by running test calibrations. Both devices were in full working order. There were no problems with either device. I did note a tear on the Fitbit band.

The fitness tracker’s memory was nearly full. The primary data on it was logs of activity runs with GPS and route location included 250 data logs. This was the maximum number of data logs allowed under the GPS enabled running feature. Of these runs, three were noted as not showing all pertinent information. During those three runs, heart rate or GPS signal or both were lost for a period of time before reengaging. This may be attributable to either a battery failure, not being worn properly or because of the torn band, although it is not known when the band was partially torn, or what impact it had upon the user. The final of the noted runs included Frey at the Daniel Morgan State Park and specifically on the Morgan Loop Trail on Sunday, November 3, 2019. On this date, Frey began warm ups in the parking lot at 16:54 hours at GPS coordinates N26,W73. He started his run at 17:00 hours at GPS coordinates N28, W75.5. His heart

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Exhibit #7: Technical Report (Page 2 of 2)

rate being elevated for a period of time that matched consistently with many of the other runs on previous dates. Frey averaged right at a six-minute mile pace even with an increase in elevation. The fitness tracker data submitted separately has the distance tracking every six minutes traveled including an elevation increase. At mile four, Kevin showed an increased heart rate of 147 beats per minutes. His average beats per minute running prior was 131, so the increase in heart rate did not make sense. And then at mile five on the trail, his heart rate suddenly decreased from 147 to 96 beats per minute – lower than the norm for him. Then at 17:36 hours his heart rate dropped to zero at GPS coordinates N34, W81. After no heart rate detected, Kevin’s Fitbit showed an elevation increase of approximately 40 feet over the next 12 minutes and a distance of a quarter mile on the path heading up the trail and stopped at GPS coordinates N33, W81.5. Then, Kevin’s Fitbit showed him moving at a sudden decrease in elevation of 300 feet. The Fitbit showed Kevin stopping and staying stationary at GPS coordinates N32, W82, which is where he landed in a ravine next to the Waterfall Trail. No more GPS changes occur for the duration of the battery charge. The iPhone 8 contained all the data logs held by the Fitbit Ionic. It had very common applications known to all iPhone users. The only application I would categorize as unusual was a public safety scanner app. This allowed Frey to listen in on the communications of Ross County dispatch in real-time. The email account tied to the phone was a personal email, and contained mostly mundane emails. Of note to this examination and to the law enforcement request were several emails discussing with multiple other individuals research and information on a suspect in the Ross County Arsons case. This information was safely copied and preserved for the Ross County Sheriff’s Department. Additionally, many texts existed on this device. A total of 109,153 texts were on the device dating back to the initial activation date. Contained within these texts were several texts between the decedent and CJ Lannister. The final of these texts was from CJ Lannister to Frey, and simply said “We need to meet.” Finally, there were several hundred fire scene photos taken at various times and locations within Ross County. The geotags on the photos coincided with dates, times, and locations of the Ross County Arsons reported in the media. These photos largely do not show the fire itself, but rather the people watching the fire from the fringes of the scene. To me, this indicates someone attempting to identify who was repeatedly at the fire scenes.

Conclusions: The devices examined recorded the death of their owner, and an attempt to cover up the death was made tossing the body down a ravine. Both devices were in good working order and were actively recording events as they happened. Further, information from the devices shared with law enforcement.

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Exhibit #8: Fitness Tracker Data

16:5

4 17

:48

17:5

4

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Exhibit #9: Curriculum Vitae of Rio Tyrell, M.D.

CURRICULUM VITAE

Rio Tyrell, M.D.

Education:

Undergraduate: Washington State University, BS, Chemistry, Molecular Biology, 1982

Medical School: University of Washington Medical School, WA, 1987

Residency: Pathology Department, St. Luke’s Regional Medical Center, Boise, ID, 1987

Licensure and Certification:

Medical License, Washington

Medical License, Idaho

Medical License, Florida

Certified Medical Examiner, American Association of Medical Examiners

Academic Appointments:

Clinical Instructor – Pathology, Mount Sinai Medical Center, Miami, FL

Hospital Appointments:

Mount Sinai Medical Center, Miami, FL

St. Luke’s Regional Medical Center, Boise, ID

Hospital at Washington University Medical School, Seattle, WA

Employment History:

Dade County Medical Examiner’s Office, Miami, FL – 1993

St. Luke’s Regional Medical Center, Boise, ID – 1987

Professional Affiliations:

American Medical Association

American Association of Medical Examiners

Publications:

The Body Farm: An Analysis of 20 Years of Evolution on the Study of Decomposition (2008).

Time & Manner of Death: A Discussion of Death Estimation with Legal Ramifications (2015).

Determining Death: Deceased’s Personal Devices Can Determine Time of Death (2020).

Medical Examiners in the Courts: A Best Practices Guide to Court Testimony (2020).

Honors and Recognitions:

Featured as an expert on NBC Dateline, CBS’s The Early Show, NBC’s Today Show, and a repeat guest on

National Public Radio (NPR)

- 68 -

Exhibit #10: Pathology Report on Kevin Frey

Rio Tyrell, M.D. 709 Eden Terrace, Miami, FL 33101 – Phone: 305.555.1298

December 5, 2019 SUBJECT NAME: Kevin Frey DATE OF DEATH: 11/03/2019

DECEDANT’S ADDRESS: 162 Nichols Road Dodson, SC 29000

LOCATION OF DEATH: Daniel Morgan State Park ATTENDING PHYSICIAN: NONE

DATE OF AUTOPSY: 11/04/2019 AT BEHEST OF: Ross County Sheriff’s Dept.

AUTOPSY CONDUCTED BY: Dr. Chandler Davis RECORDS AVAILABLE FOR EXAMINATION: 911 Report, Incident Report, Supplemental Incident Report, Coroner’s Report, Technical Report, Daniel Morgan State Park Map, Ravine Picture, Pictures of Personal Affects

Pursuant to defense counsel request, I have reviewed all the above listed records to ascertain the cause of death for Kevin Frey. Kevin Frey died at Daniel Morgan State Park located in Ross County, South Carolina. Immediately prior to his death, he had been doing a training run on the Morgan Loop Trail. At some point in the run, Kevin Frey died, and his body was found at the bottom of a ravine which comprised part of the Waterfall Trail. Ross County EMS and Ross County Sheriff’s Department (RCSD) evaluated the scene and requested an autopsy. The cause of death was listed as blunt force trauma and was ruled as undetermined by the Coroner’s Office. Subsequently, an examination of the cell phone and fitness tracker by a tech firm hired by the RCSD revealed information and evidence leading to the arrest of CJ Lannister for the Ross County Arsons. It was believed by RCSD from this and other information on cell phone that CJ Lannister also murdered Kevin Frey. In the autopsy findings, it was notated Kevin Frey’s hands were bagged to collect trace DNA evidence. The trace evidence yielded testable amounts of DNA from both hands. This was a match to CJ Lannister. No documentation was made as to the amount of trace DNA evidence found, which is an important omission as it does not document whether the amount recovered was consistent with a consensual contact, or of a defensive struggle. Without that distinction, there is no way to know how the DNA of CJ Lannister was transferred to Kevin Frey. In the documents provided by the State, the technical report and fitness tracker data was provided. It reported Kevin Frey’s movement up to a quarter mile after no heart rate. This report notes a period of time in which the heart rate monitor stops, but physical movement continued. The technical report completely omits any discussion of error within the software, or failed connection between the subject and the fitness tracker. Both of those conditions have been proven to occur with other people utilizing similar devices. In my professional medical opinion, the ineptness of the Coroner’s Office and the technical firm which ran the report of the cell phone and fitness tracker has led to an improper murder charge. The autopsy report was incomplete and thus negligent by not including the amounts of trace DNA found on Kevin Frey. The technical report did not test or attempt to account for any possible reason for the heart rate tracking to stop other than with the death of the person wearing the fitness tracker.

Pathology Report – KEVIN FREY

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Exhibit #11: Photos of Kevin Frey’s Personal Affects

Cell Phone Fitness Tracker

Key Fob

- 70 -

Exhibit #12: Infiniti Convertible

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Exhibit #13: Menchies Pizza Receipts, November 3, 2019

High School Mock Trial Competition - South Carolina Bar

Documents