IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR MULTNOMAH COUNTY STATE OF OREGON AFFIDAVIT FOR SEARCH WARRANT COUNTY OF MULTNOMAH I, Aaron Lee Turnage, being first duly sworn on oath, hereby depose and say: I. Authority I am a Detective, assigned to the Persons Crime Division, employed by the City of Gresham Police Department, and have been since date of hire. I am a sworn police officer eligible to apply for a search warrant. II. BACKGROUND OF AFFIANT I have been employed with the City of Gresham as a sworn, commissioned Officer since June 2, 2010. While employed as such, I have received on the job field training (OJT) and successfully completed the State of Oregon Career Officers Development Academy for lateral police officers, in Salem Oregon, November 2010. The training received included, but is not limited to criminal and statutory law, criminal procedure, search & seizure, drug-related investigations, and driving under the influence investigations. In October 2011, I was certified as a Drug Recognition Expert and currently hold a national certification. Additionally, I have attended and successfully completed the AFFIDAVIT FOR SEARCH WARRANT - 1 REID Basic and Advanced interview techniques and interrogation course. In August 2013, I attended a Practical Homicide Investigation class presented by Inside the Tape. I was assigned to the investigations unit in October 2013. I currently hold an Advanced Law Enforcement certificate issued by the Oregon Department of Public Safety Standards and Training. Prior to becoming a Police Officer for the City of Gresham, I was employed with the Kenai Police Department, Kenai Alaska, as a sworn and commissioned police officer for 8 years. While employed as such, I graduated from the Alaska Law Enforcement Training academy in Sitka, Alaska in June of 2003 and received OTJ field training. I received training in a broad range of topics typically covered in a basic law enforcement academy. While working in Alaska I was assigned as a narcotics investigator for the Alaska Bureau of Alcohol and Drug Enforcement. During this assignment I was responsible for numerous successful narcotics distribution, manufacturing and possession investigations. During those investigations I received training and experience in drafting search warrants and search warrant affidavits. In my eleven years and four months as a police officer, I have investigated or been involved in the investigation of over 1000 cases involving burglaries, stolen vehicles, thefts, robberies, DUII, firearms, felony assaults, homicides, suspicious and natural deaths, child crimes, sex crimes and drug crimes. I have given sworn testimony as an expert witness in grand juries and in trial in Alaska Superior Court as well as non-expert testimony in Oregon Circuit Court. I have also acted within my capacity as a police officer and conducted undercover drug buys with drug dealers. currently assigned to the Major Crimes Team for Multnomah County. I am Before working in law enforcement, I attended Glendale Community College and achieved my Associate’s degree in Criminal Justice. I graduated Glendale Community College with high honors. AFFIDAVIT FOR SEARCH WARRANT - 2 III. Probable Cause The Gresham Police Department and the Major Crimes Team, an interagency collaboration, is currently investigating the Murder of Tiffany Fern-Marie Jenks, a white female born on January 19th, 1978, which occurred at approximately 2:30 AM on October 8, 2013. This incident took place in a rural area located at 21200 NE Blue Lake Road in Fairview, Oregon and the County of Multnomah. This investigation is contained under Fairview Police Department case number 13490859. I know from speaking with lead case investigator, Detective Brad Robinson, DPSST #50042 and from reviewing initial call information the following is true and correct. At 7:21AM, a citizen called 911 to report finding a woman who appeared to be in her mid-twenties lying face up in a grassy portion of lawn near the entrance of Blue Lake Park, located at 21200 NE Blue Lake Road in Fairview Oregon. The caller reported the woman appeared to be deceased and the initial information was the caller observed blood coming from an apparent bullet hole in her forehead, as well as blood coming from her mouth. The complainant was cooperative and assisted by waiting on scene for responding officers and medical personnel. At 7:22AM, Fairview Officer Eric Flener, DPSST #49966, was dispatched to the scene along with American Medical Response (AMR) to conduct a welfare check on the reported female. Upon simultaneous arrival at 7:27AM, they approached the female and AMR confirmed she was deceased. Officer Flener told me directly that he observed what appeared to be a bullet hole directly between the female’s eyes and blood was present at the injury site. Blood was also coming from the victim’s AFFIDAVIT FOR SEARCH WARRANT - 3 nose and mouth. Officer Flener notified his supervisors and detectives. Detective Robertson is a member of the Multnomah County Major Crimes Team and was assigned as the lead detective in this investigation. The victim was discovered lying face up as the caller described. She was wearing a leather-like jacket, a shirt, blue jeans and tall brown boots. A single gunshot created a wound entering the space between the eyes, slightly right of center, and then exited the back of her head. The expended round was tangled in her long hair. Based on the initial scene, it appeared the victim was on her back at the time she was shot in the head. The single round caused a divot in the soft soil where the back of her head was in contact with the ground at the time she was murdered. The victim possessed a purse with a large loop handle. The handle was looped around her right hand-wrist. Clasped in her right hand was an empty cigarette package and a Bank of America Visa Debit card bearing account number 4426 5711 1080 5114. The card and the cigarette package were outside of the purse when she was found. The purse contained items of identification connecting the purse and contents, to the victim. The victim was identified as Tiffany Fern-Marie Jenks. Also in the victims purse was a receipt for the Pendleton Travelers Inn, located in Pendleton Oregon. The receipt was dated October 7, 2013 and showed the room was rented by the victim. No other names were located on the receipt. The receipt showed the victim used a debit card ending in 5114 to purchase the room. This is consistent with the card found in her possession. AFFIDAVIT FOR SEARCH WARRANT - 4 Detective Dan Meyer, DPSST # 46024 conducted an interview with Ms.Ilene Brown, a staff member at the Pendleton Travelers Inn in Pendleton, Or. During the interview, Ms. Brown reported the victim was at both the Red Lion (denied a room) and the Travelers Inn with in the previous 24 hours. The victim was upset, crying, and intoxicated, presumably by alcohol, based on the strong odor of an alcoholic beverage on her person and her drunk like behavior. The victim rented a room using her debit card ending in 5114. The victim told Ms. Brown that if she received any telephone calls she was not accepting them because her boyfriend is a “stalker”. The victim also reported she was trying to find a ride back to Portland. Ms. Brown said the victim left her bags unattended in the room for a period of time after vacating the property. The victim left no contact information and Ms.Brown assumed the bags were abandoned. Ms. Brown said she opened the bags and found items belonging to and identifying the bags as belonging to Tiffany Jenks. Ms. Brown said several bags were left behind and they included a large roller bag with several exterior pockets and a broken handle. The handle was actually missing from the bag. She also described a gym bag approximately three feet long with Velcro handles and a white vinyl makeup case with a solid vinyl handle across the top. Ms. Brown said Ms. Jenks returned for her bags around 4:00PM and left with them. She reported she was flying back to Portland. Detective Harley, DPSST # 42860, contacted Seaport Airlines management and their records confirmed Tiffany Jenks, 1-19-78 flew from Pendleton to Portland International Airport on flight #3327, departing Pendleton at 5:00PM on October 7, 2013. AFFIDAVIT FOR SEARCH WARRANT - 5 Upon arrival in Portland, an airline employee, Ms. Debbie Courtain, reported that Ms. Jenks used a debit card ending in 5114 to purchase the one-way ticket. This is consistent with the card found in her possession at the crime scene. Ms. Courtain told Detective Harley the victim was very intoxicated and was having difficulty walking without bumping into things. Ms. Courtain said she assisted the victim from the tarmac area to the front sidewalk so she could use ground transportation. Ms. Courtain said Ms. Jenks had five pieces of luggage. Three items were checked luggage and two pieces were carry-on’s. The items were described to the best of her recollection as a large roller bag with a missing and broken handle, a medium sized carry on, a purse and a neon green wallet. Ms. Courtain described the victim as very skinny, wearing jeans and tall boots. Detective Harley contacted the Port of Portland Police and reviewed Closed Circuit Television (CCTV) video. In the video the victim can be seen being assisted to the ground transportation area by Debbie. At 6:52PM, the victim enters a yellow Broadway Cab, with her luggage and departs the airport property. Detective Yohe contacted the management at Broadway Cab and inquired about the victim and her pick-up and drop off. At 6:52PM their records confirmed she was picked up at the Portland Airport and at 7:10PM, she was dropped off in the area of 81st Avenue and SE Stark Street in Portland Or. The victim was alone and had numerous bags with her. A Portland Police Department #13-039872 dated May 18, 2013 listed Tiffany Jenks as a reporting AFFIDAVIT FOR SEARCH WARRANT - 6 party in a domestic disturbance involving her boyfriend John S. Captain III. During that investigation Tiffany said she was pushed down and it caused pain. She showed the responding officer a “raspberry” on the palm of her hand from where she fell and braced herself upon impact. She rated the pain as a 10 on a pain scale of 1-10. She said feared for her life at the hands of John and did not know what could happen. She rated her fear level as a 10 on the same scale. She said that he (John S. Captain III) told her he was going to beat her face in. Tiffany repeatedly told the officer that “he beats the fuck out of me”. She also stated she wanted to “warn other women” and that she “wants other women in the future to know don’t date this dude”. Tiffany refused to cooperate with the investigation and requested information on obtaining a restraining order. The information was provided, however she did not follow through with the order. An arrest was not made during this investigation. The victim’s brothers, Justin Jenks and Zack Jenks, were both contacted and interviewed about the case. Detectives Rian Hakala, DPSST # 46082 and Dan Meyer conducted the interviews, respectively. Both brothers reported the victim as having a relationship with John S. Captain III; they knew he was an ex-boyfriend of Ms. Jenks, but were uncertain how recent the relationship was due to their intermittent contact with their sister. A business card was located in Ms. Jenks purse bearing the name Mr. Joseph Melow. Mr. Melow was contacted and identified himself as a family friend who knew the victim for at least eleven years. Mr. Melow said he knew the victim has had a relationship with John S. Captain III, but again was uncertain their current status. Mr. Melow said the victim usually carries two cellular telephones and he knows she stores data inside of the memory of the phones and suspects there would be useful information contained within. Records indicated John S. Captain III owns the property at 8028 / 8025 SE Stark Street. That is the AFFIDAVIT FOR SEARCH WARRANT - 7 same area, and almost exact location, Broadway Cab dropped the victim off at 7:10PM. The property is located in a city block with SE Stark Street to the north, SE 81st Avenue to the east, SE Washington to the south and SE 80th to the west. The square block consists of businesses and a single residence. The residence sits on the south side of the property, facing SE Washington Street. The residence bearing the address of 8025 SE Stark Street is the home of John S. Captain III. A satellite view of the property shows the back yard of the home connected to a business property that faces the north side of the block. The residence and the business are both in the center of the block and run north and south. The business and the residence are connected by sharing a common back yard. The businesses to the east and west of the two locations are blocked from sharing this common space by the use of fences. A records check shows the connected business as having an address of 8028 SE Stark Street. The business is Portland Tub and Tan and is owned by John S. Captain III. Detective Hakala used Google Earth to look at the street view of the property. He observed a video camera on the exterior of the Portland Tub and Tan that is directed to the street / sidewalk area. DMV records indicate John S. Captain III has numerous vehicles registered to him, most of which have expired registration. The current registered vehicles include a white 1997 Ford F-150 pick-up, OR/985DRK. Detective Hakala went to the residential address of 8025 SE Stark Street and observed the 1997 Ford F-150, OR/985DRK parked in the driveway of the residence. This would indicate John S. Captain III is currently associated with the property. AFFIDAVIT FOR SEARCH WARRANT - 8 Additionally, when using the street view angle on Google Earth, Mr. Captain’s white Ford Pick-up can be seen parked in the driveway of the residence. During the crime scene investigation, detectives and crime scene personnel located two (2) cellular telephone in the purse that was with the victim. This is consistent with Mr. Melow’s statements. In my experience travelers use those phones were used to communicate and coordinate her travel arrangements, as well as communications after arriving in Portland and provide her geographical location up to the time of her murder, by the use of cellular tower data. Crime Scene Investigator TAMI SURPLUS, DPSST #39668 informed me she seized the two cellular telephones from the crime scene and returned to the Gresham Police Department with them. The cellular telephones were specific to the details listed below: Black and Gray, HTC (Brand), PK76310 (Model) displaying serial number 270113181116213681 Black, Apple (Brand), IPhone 4S A1387 (Model) 16GB These listed cellular telephones are in property control at the Gresham Police Department under case 13-490859. A search warrant was applied for and granted on October 8, 2013 by the Honorable Judge Edward J. Jones, allowing the digital processing and data recovery from the memory of the above listed phones (physical devices). The HTC provided stock photographs and a music library. It appeared this device was being used as a music player. AFFIDAVIT FOR SEARCH WARRANT - 9 The IPhone was locked and password protected. A search warrant was applied for and granted on October 8, 2013 by the Honorable Judge Edward J. Jones, allowing the digital processing and data recovery from the memory of the above listed Apple IPhone (physical device) and authorizing the use of Apple Inc. to assist in the recovery. Apple Inc. is located in California and the phone needs to be delivered to their location before processing can begin. The phone has not been delivered at the time of this writing. The associated telephone numbers, as told to me by Detective Robertson, are as follows: - Apple IPhone 971-717-4181 - HTC Cellular 503-443-0306 I verified the numbers by calling them and they rang / voicemail to the phone in property. On October 9, 2013, Portland Police Officer Johnson, DPSST # 19833, received a call from Ms. Mercedes Anttila at 12:05AM indicating that she had recently learned of Tiffany’s death. Ms. Anttila identified herself as Ms. Jenks friend. Ms. Anttila reported her friend may have been at the Mystic nightclub located at 9950 SE Stark Street in Portland, Oregon, prior to her murder. The Mystic Club is a nude / exotic club attached to a non-nude club called the Falco Club. Officer Johnson reviewed Closed Circuit Television footage. Shortly after midnight on October 8, 2013 Ms. Jenks is seen in Club Falco. At approximately 12:58AM, video surveillance shows three subjects, two males and a female, walk from the direction of Club 205 across the parking lot and into Mystic nightclub. The Mystic has a AFFIDAVIT FOR SEARCH WARRANT - 10 standard practice to digitally scan all identification cards of people entering the club. Video confirms this happened with all three of these people. When the three entered Mystic, the Ms. Jenks was still at the Falco Club. Around 1:00AM, the victim entered the Mystic Club and contacted the bartender. Officer Johnson contacted the club bartender, Mr. James Newland. Mr. Newland said he remembered the victim and identified it was her represented in the video. He said he had a conversation with her and she identified herself as “Tiffany”. He explained she was very upset and was looking for her friend, Ms. Anttila. Mr. Newland said he had her sit near the end of the bar, close to the doors and he held a conversation with her. In the conversation, the victim said this may be the end of her life and she was not sure what was going to happen to her. Officer Johnson, Portland Police Bureau, continued to review the video and saw the victim exit the bar and go to an outside smoking area at approximately 1:39AM. Within a few minutes, the three unknown subjects seen in the earlier video exit the bar and approached the victim. The three included a male wearing a gray hoodie sweatshirt. That male had shoulder length hair and scruffy facial hair. A second male was wearing jeans and a cutoff denim vest. The vest had a patch, similar to an outlaw motorcycle member patch. The patch said something similar to “doom”. The exact wording could not be made out due to the video quality and angle. Finally, the third person was a white female adult dressed in a business dress/suit. In the video, the female approaches the victim and shakes her hand as if they were just meeting for AFFIDAVIT FOR SEARCH WARRANT - 11 the first time. The four of them talk until approximately 2:00AM and then all walk along the north side of the building and towards the Club 205 and the Ramada Inn. The four walk out of site together. Officer Johnson, based on his familiarity of the area checked with the local hotels. Officer Johnson contacted the desk clerk at the Ramada Inn and learned Tiffany Jenks, erroneously entered in their system as ‘Jerks’, checked in and was given room #117. Officer Johnson then contacted John S. Captain III at his residence. Mr. Captain said he has had a relationship with the victim. He said she arrived at his house around 8:00PM. He said they spoke, cuddled, but did not have sexual intercourse. He said she was intoxicated. He said she became angry because he would not allow her to continue drinking alcohol and she asked him to call her a cab. He said he called Radio Cab and they responded and picked her up. He said he was unsure of where she went after leaving his house. Mr. Captain told Officer Johnson Tiffany left some luggage items at his house when she left. Officer Johnson contacted the Major Crimes Team. Oregon State Police Detective Sergeant, Jon Harrington, DPSST # 31353, responded to the Ramada Inn to conduct follow-up. Sgt. Harrington contacted hotel manager Ms. Sandra Cody. Ms. Cody checked her records and learned the victim was issued a room at 11:33PM. She paid using a debit card ending in 5114. This is the card that was found on her person at the scene of the murder. AFFIDAVIT FOR SEARCH WARRANT - 12 She was issued a single room key, checked in alone and had five (5) or more items / pieces of luggage. A review of the CCTV showed the victim entered the hotel lobby at 11:17PM. She had a conversation with the on-duty clerk and paid for the room. She is then seen leaving the lobby and making her way to room #117. The victim is seen wearing a dark colored jacket, blue jeans tucked into tall brown boots and sunglasses. On 10/08/13, during the daytime hours hotel cleaning staff entered room #117 to conduct routine cleaning and noticed the occupant was not there, however several items of luggage were in the room. A confirmation of hotel records showed the victim was the only person registered to the room. Based on the consistent use of the debit card ending in 5114, Detective Pentheny contacted Bank of America and learned the following activity had transpired on her account: 10/04/13 7:41PM $50.60 PIN pad purchase in Troutdale Oregon 10/05/13 3:43AM $20.00 Denny’s Pendleton Oregon 10/05/13 6:02PM $1.00 Expedia Travel 10/05/13 6:24PM $47.70 Liquor Store, Pendleton Oregon 10/05/13 8:22PM $54.00 Hamley Steak House, Pendleton Oregon 10/06/13 1:34AM $5.00 Wildhorse Casino, Pendleton Oregon AFFIDAVIT FOR SEARCH WARRANT - 13 10/06/13 3:30AM $7.58 Arrowhead Travel, Pendleton Oregon 10/06/13 4:20AM $61.95 Denny’s Pendleton Oregon 10/06/13 6:09PM $130.13 Wal-Mart Pendleton Oregon 10/07/13 3:13AM $50.54 Travelers Inn Pendleton Oregon 10/07/13 3:16PM $103.00 Cardtronics Pendleton Oregon 10/07/13 3:22PM $139.00 Seaport Airlines Pendleton Oregon 10/07/13 7:09PM $33.88 Broadway Cab Portland Oregon 10/07/13 11:08PM $17.29 Chevron Portland Oregon 10/07/13 11:20PM $13.50 Radio Cab Portland Oregon 10/07/13 11:34PM $89.01 Ramada Inn Portland Oregon 10/07/13 11:38PM $43.95 Cardtronics Portland Oregon 10/08/13 12:57AM $204.00(rej) Falcos Pub Portland Oregon 10/08/13 12:59AM $204.00(rej) Falcos Pub Portland Oregon 10/08/13 1:00AM $64.00 Falcos Pub Portland Oregon 10/08/13 1:01AM $64.00 Falcos Pub Portland Oregon 10/08/13 1:36AM $36.75 Club Mystic LLC Portland Oregon 10/09/13 2:08AM $73.00 Ramada Portland Oregon (Auto-Purchase) Detective Galbreath, DPSST # 11862, responded to the Mystic Club to review the closed circuit television footage during the time Ms. Jenks was inside the club, as well as with the intent on identifying the three unknown subjects seen leaving the club with Ms. Jenks prior to her murder. In the video everything observed and described by Portland Police Officer Johnson was confirmed to be true and correct. Additionally, Detective Galbreath reviewed the video at the time when the three unknown people entered the bar and then compared the time stamp on the video to the time stamp on the digital identification scan system. The times matched and at the time the video shows AFFIDAVIT FOR SEARCH WARRANT - 14 the two male subjects and the female subject enter the bar, the identification system recorded only the identification of Ms. Michelle Worden-Brose, d.o.b. 12-09-72. The identification system failed to register or record the identifications of the two males. This provided the identity of the female subject. The three subjects, including Ms. Worden-Brosey, met with Ms. Jenks and they all eventually left the property of the Mystic Club and walked north across SE Stark Street toward the Club 205. Detective Galbreath went to the Club 205 and reviewed their video. In reviewing their video he saw where Ms. Worden-Brosey entered the club 205 (prior to meeting with Ms. Jenks) with the same two men she was later seen at the Mystic Club with. When the three of them entered the Club 205 all three of them presented identification which was checked by the security staff and then scanned into a digital identification database. Based on this scan the two men were identified as Mr. Joshua Robinett, d.o.b. 8-11-75 and Mr. Daniel Bruynell 6-9-88. This provided the identity of the three ‘unknown’ subjects. In the Club 205 video the three subjects can be seen leaving the bar and walking south across the street towards and eventually into the Mystic Club. This is where they met Ms. Jenks. Detective Galbreath continued reviewing the parking lot video in the hopes of seeing the four walk from the Mystic Club and back into the Club 205 parking lot at the conclusion of their visit to the Mystic Club. Just prior to 2:10AM, the group of four, including Ms. Jenks, can be seen walking from the south and into the Club 205 parking lot. This is consistent with the video and timestamp of the Mystic Club video. AFFIDAVIT FOR SEARCH WARRANT - 15 In the video, Detective Galbreath saw a vehicles light illuminate as if it was remotely unlocked. That is when Ms. Worden-Brosey, Mr. Robinett, Mr. Bruynell and the victim, Ms. Jenks, all got into the vehicle that had been remotely unlocked. The vehicle started and backed up into a better view of the camera. Based on the image in the footage, the vehicle appeared to be a black or dark colored Cadillac 4-door passenger car. The vehicle exited the parking lot onto SE Stark Street. A records check of Ms. Worden-Brosey showed she currently has a black, 2008 Cadillac 4-door passenger car, OR/076GHK, VIN 1G6DF577880215883, with registration expiring on 5-16-15 registered to her. The address listed on the State of Oregon registration listed the associated address of 5358 SE 17th Avenue in Portland Oregon as the current address. Detective Robertson contacted the property manager of the above address and she identified herself as Ms. Lynn Dindia. From Ms. Dindia Detective Robertson learned Ms. Worden-Brosey moved out of the rental location on September 8, 2013, however Ms. Dindia said she received an email from Ms. Worden-Brosey two days earlier. In that email, Ms. Worden- Brosey provided two current telephone numbers that she could be contacted on. Those numbers were: - 510-666-7929 - 971-221-1918 A subsequent check of the listed numbers shows they are connected to the following carriers: - 510-666-7929 T-Mobile - 971-221-1918 AT&T AFFIDAVIT FOR SEARCH WARRANT - 16 The ALPR system is an automatic license plate scanner that is affixed to the roof of some police cars and its purpose is to automatically scan license plates of passing or stationary vehicle in the proximity of the patrol car. Those license plates are automatically processed through multiple databases to check for wanted or stolen status. Additionally, those plates are entered into a GPS based data-base and the exact location of the vehicle at the time of the scan is entered onto a mapping system. That information is stored for future review if the need were to arise. A query of the Automated License Plate Reader or ALPR showed four (4) separate hits of Ms. Worden-Brosey’s vehicle in the area of 5358 SE 17th Avenue in Portland Oregon in June and July of 2013. This data places her vehicle in the area of her residence and lends credibility to the statements made by Ms. Dindia. A records check of Mr. Robinett showed he received a traffic citation in Ms. Worden-Brosey’s vehicle in 2012. This connects Mr. Robinett and Ms. Worden-Brosey together prior to the night in question. A records check of Mr. Bruynell showed he has a 2009 charge in New Jersey for aggravated assault with a weapon, unlawful possession of a weapon and unlawful use of a weapon. Additionally, this case has been broadcast on all major news stations and affiliates in the Portland metropolitan and surrounding areas with the plea from detectives for anyone with information to contact the police department. The request for assistance from the public has also been broadcast via major radio stations in the area. With all of the heightened media coverage, neither Ms. Worden-Brosey, Mr. Robinett or Mr. AFFIDAVIT FOR SEARCH WARRANT - 17 Bruynell have come forward or made any attempt to contact law enforcement to offer assistance even though they were directly in contact with the victim, Ms. Jenks just prior to her murder. Below is a timeline of events outlining the facts as they are known at this time: 10-4-13 7:41pmMs. Jenks makes a purchase in Troutdale Oregon. 10-5-13 3:43am 10-7-13 3:22pmMs. Jenks purchases a ticket to fly to Portland Oregon. 10-7-13 5:00pmMs. Jenks travels via Seaport Airlines to Portland Oregon. 10-7-13 7:10pmMs. Jenks arrives at Mr. John S. Captain III home via Broadway Ms. Jenks makes a purchase at Denny’s in Pendleton Oregon. Cab. 10-7-13 11:00pm+/- Ms. Jenks leaves Mr. John S. Captain III home via Radio Cab. 10-7-13 11:08pm Ms. Jenks makes a purchase at Chevron in Portland Oregon. 10-7-13 11:17pm Ms. Jenks arrives via Radio Cab at the Ramada Inn. 10-7-13 11:34pm Ms. Jenks rents room #117 at the Ramada Inn located at 9707 SE Stark Street, which is adjacent to Club 205 and across SE Stark Street from Falcos Pub and the Mystic Club which sit on the south side of SE Stark Street. 10-8-13 12:01am Three (3) subjects enter Club 205 and are identified by the digital identification database as Ms. Worden-Brosey, Mr. Robinett and Mr. Bruynell. 10-8-13 12:05am Ms. Jenks leaves the Ramada Inn and walks to Falcos Pub 10-8-13 12:58am Ms. Worden-Brosey, Mr. Robinett and Mr. Bruynell enter Mystic Club. 10-8-13 1:01am Ms. Jenks makes a purchase at Falcos Pub and walks to an AFFIDAVIT FOR SEARCH WARRANT - 18 attached nude club called Mystic Club. 10-8-13 1:05am Ms. Jenks has a conversation with the bartender and says her life might be over, is upset, drunk and emotional. 10-8-13 1:36am Ms. Jenks makes a purchase at Mystic Club. 10-8-13 1:39am Ms. Jenks exits the Mystic Club to an outside smoking area. 10-8-13 1:43am+/- Ms. Worden-Brosey, Mr. Robinett and Mr. Bruynell exit Mystic Club and meet with Ms. Jenks at the smoking area. It appears in the video this was the first time Ms. Jenks had met any of them. 10-8-13 2:00am+/- Ms. Worden-Brosey, Mr. Robinett, Mr. Bruynell and Ms. Jenks all leave the Mystic Club parking lot and walk to the north towards Club 205. 10-8-13 2:10am Ms. Worden-Brosey, Mr. Robinett, Mr. Bruynell and Ms. Jenks all enter a Black Cadillac that was parked in the parking lot of Club 205. 10-8-13 2:11am The Cadillac leaves the parking lot with all four people inside of it. 10-8-13 2:30-3:00am Ms. Judith Larson, a resident in the area of Blue Lake Park was awake watching television and heard a single gunshot. She did not call the police. Ms. Larson was at a residence approximately ½ mile across Blue Lake, from the crime scene. This information was discovered during a neighborhood canvas. 10-8-13 2:30-3:00am Ms. Laura Davies who resides in the home closest to the crime scene (21352 NE Blue Lake Road) was awake watching television and heard a single gunshot. She did not call the police. This information was discovered during a neighborhood canvas. AFFIDAVIT FOR SEARCH WARRANT - 19 10-8-13 7:17am A citizen called 911 to report the discovery of Ms. Jenks at 21200 NE Blue Lake Road in Fairview Oregon. Based on my knowledge of the area and with the use of Google maps, I know there are several routes that can be taken from SE 97th Avenue and SE Stark Street, the area of the Club 205, to the scene of the murder, 21200 NE Blue Lake Road. At this point no evidence can point to the exact route taken. Using Google maps and inputting the three most reasonable and direct routes I discovered the following: I-205 north to I-84 east to 207th to 21200 NE Blue Lake Road 9.2 miles 16 minutes travel time Burnside to 162nd Avenue to Marine Drive to 21200 NE Blue Lake Road 8.8 miles 19 minutes travel time SE Stark Street to 223rd Avenue to 21200 NE Blue Lake Road 9.1 miles 23 minutes travel time Taking those numbers and finding the average, I discovered: 9.0 Miles 19.3 minutes travel time I also know from my experience that traffic at 2:11am is light in the Northeast portion of Portland, specifically in the area in question. My personal experience is when I have traveled from the Gresham Police Department to the Portland Adventist Hospital, at the approximate hours in question, it takes me approximately 15 minutes to make the one-way drive. The Gresham Police AFFIDAVIT FOR SEARCH WARRANT - 20 Department is near 223rd Avenue (as is the scene of the murder), traveling via SE Stark Street to the area of 103rd Avenue and SE Stark Street(near Club 205). The distance between the two locations is 8.9 miles. This information would be consistent as the travel time between when the Cadillac left the Club 205 and when the shots were reported to be heard by the two independent witnesses near the crime scene. This case has received intense media coverage both on television, as well as on the radio. As a result of that coverage numerous citizen have come forward wanting to make statements about knowing or having had some contact with Ms. Jenks at any point prior to her murder. These leads are being followed up on as the investigation continues. Ms. Worden-Brosey, Mr. Bruynell or Mr. Robinett have not contacted the police to offer any information about their in person contact with Ms. Jenks just prior to her murder. Based on my experience, people directly involved with criminal activity will not come to the police to offer direct and relevant information due to the fear of being detected and prosecuted. In this case Ms. Worden-Brosey, Mr. Bruynell or Mr. Robinett are exhibiting behavior that is consistent with subjects having intimate criminal knowledge and or being responsible for the murder investigation related to Ms. Jenks. Criminal history records indicate bith Ms. Worden-Brosey and Mr. Robinett were arrested, charged and convicted together from the offense of Theft in the second degree that occurred on January 15, 2013 in Coos County Oregon. AFFIDAVIT FOR SEARCH WARRANT - 21 Additionally, records indicate Ms. Worden-Brosey and Mr. Robinett had the same California address listed prior to 2012. These pieces of information establish Ms. Worden-Brosey and Mr. Robinett have a longtime relationship and will likely be together or in the same proximity when located. On October 10, 2013, Detective Robertson interviewed Ms. Lynn Dindia, the property manager of 5358 SE 17th Avenue in Portland Oregon, which is the former residence of Ms. Worden-Brosey. Ms. Worden-Brosey lived at this location until September 8, 2013. Ms. Dindia provided a copy of the rental application that was submitted by Ms. Worden-Brosey when she applied for and actually rented the residence located at 5358 SE 17th Avenue in Portland Oregon. On that application, Ms. Worden-Brosey listed she has an active OnPoint Credit Union account. Detective Robertson contacted Ms. Leann Erickson, an OnPoint Credit Union Asset Protection Specialist, and inquired about any accounts belonging to Ms. Worden-Brosey. Ms. Erickson was able to tell Detective Robertson that Ms. Worden-Brosey in fact does have a current and active account. The account has had recent activity posted to it. Due to customer privacy concerns no further information was able to be provided without the service of a search warrant for the records. Ms. Erickson indicated the information retained in the bank records will not only show the historical account information such as the members personal information, purchase history, deposit slips, deposit records, withdrawal slips, withdrawal records, payment receipts/records, account application statements, signature cards, monthly statements, quarterly statements, annual statements, account application statements, photocopies of checks paid and received, wire transfer records, copies of any AFFIDAVIT FOR SEARCH WARRANT - 22 credit card advance checks used, credit or debit purchases, credit reports, and any letters of correspondence between the institutions and Ms. Worden-Brosey regarding these accounts, but it will also show ongoing and up to date information of purchases or transaction as they are made. This up to date information often provides exact addresses of the transactions, as well as precise date and time stamps. This information can be used by investigators to track the whereabouts of Ms. Worden-Brosey. A search warrant was issued for the bank records and those records indicated Ms. Worden-Brosey was last known to be in the Longview Washington area residing at motels in the area. A review of closed circuit television footage showed Ms. Worden-Brosey, Mr. Robinett and a teenage girl exit the earlier described Cadillac and enter the hotel. The three can then be seen at the front desk registering for a room. The girl was later identified as Ms. Worden-Brosey’s teenage daughter with whom she has visitation. On October 10, 2013 at approximately 11:41PM, members of the East Metro Gang Enforcement Team (EMGET), an Oregon based gang task force, were in the city of Kelso Washington attempting to locate Ms. Worden-Brosey at local hotels when they discovered her vehicle, a 2008 Cadillac CTS 4-door passenger car, OR/076GHK, parked at the Motel 6 located at 106 Minor Road in Keslo Washington, 98626. The car was parked directly in front of room #115. At 2:30AM, I applied for and received arrest warrants for the crime of murder. The arrest warrants were for Ms. Worden-Brosey, Mr. Joshua Robinett and Mr. Bruynell; those warrants were activated and a national extradition clause was included in the warrants. Members of EMGET conducted live surveillance of the vehicle until approximately 6:00AM when they were relieved by members of the Multnomah County Special Investigations Unit (SIU). AFFIDAVIT FOR SEARCH WARRANT - 23 At approximately 6:10AM, SIU observed a male and a female exit room #115 and get into Ms. Worden-Brosey vehicle. Based on pictures of the suspects that were obtained throughout the investigation, SIU members clearly recognized the two as Ms. Worden-Brosey and Mr. Joshua Robinett. Once the two were in vehicle it started and appeared the vehicle was going to go mobile. At that time SIU contacted and arrested the two and their identities were confirmed as Ms. Worden-Brosey and Mr. Joshua Robinett. At the time of the arrest Mr. Robinett had a cellular telephone in his possession. The telephone was on and an AT&T icon was illuminated on the digital screen, indicating the telephone was connected to a cellular system. Due to the active connection to the cellular service cell tower and geographical information can be obtained from the service provider. Said telephone is currently stored with Mr. Robinett’s personal belongings at the Kelso Police Department. Ms. Worden-Brosey had no personal items on her person when she exited the vehicle and was arrested. She did however leave her purse, a leopard skin designed women’s handbag inside the vehicle. The purse contained items and all of this can be seen in plain view. The purse has not been touched, inspected or otherwise disturbed by law enforcement at the time of the affidavit. Based on my training and experience women often carry personal items such as but not limited to; debit or credit cards, receipts, identifying documents, journals and cellular telephones in their purses. The vehicle was left parked at the Motel 6 after the arrest was made and has been secured by law enforcement to maintain the chain of custody in preparation for the service of a vehicle warrant issued by the Honorable Edward Jones on October 11, 2013 at 2:30AM. AFFIDAVIT FOR SEARCH WARRANT - 24 It was the belief of law enforcement Ms. Worden-Brosey was still traveling with her teenage daughter, however her daughter was not present inside the vehicle at the time of the arrest. There was an immediate concern for the welfare of the child and it was presumed the child may still be inside room #115. SIU detective made a safety sweep of the room to try to locate the daughter, however she was not inside the room. Detectives saw two (2) laptop computers inside of the room. The computers were in plain view and were observed during the protective sweep. The detectives exited the room and the room was secured from the exterior by law enforcement to maintain a chain of custody in preparation for a pending search warrant. SIU Sergeant Cubic contacted the hotel management and learned both Ms. Worden-Brosey and Mr. Joshua Robinett had checked into the room and placed their name on the check in documentation. The room was paid for in cash and prepaid for one-week. This would indicate items of personal value, clothing, written and digital media and other personal effects are likely stored inside the room as this was their intended residence for the next week. Ongoing investigation as of October 11, 2013 at approximately 11:51AM has revealed Ms. Worden-Brosey: Detective Harley spoke to La Quinta Employee Staci Kopke-Hales who provided the hotel registry and on that document it showed Ms. Worden-Brosey checked into the Laquinta Inn, located at 11207 NE Holman Street in Portland Oregon and provided the telephone number of 360-560-1789, provided by Cingular Wireless (AT&T), this was provided on 10-7-13, prior to the homicide. SIU Sgt. Cubic reviewed a hotel registry document and learned Ms. Worden-Brosey checked into the Motel 6, located at 106 Minor Road in Kelso Washington and provided the telephone number of 971-277-8507, provided by Verizon Wireless, this number was provided on 10-10-13, after the homicide. AFFIDAVIT FOR SEARCH WARRANT - 25 Historical geographical location information can be obtained for these phones and that information will provide evidence of the telephones true owner and cell tower locations during the time of the investigations. IV. Training and Experience I know from my training and experience that persons who commit murder are often know the murder victims. I also know that the identities, contact information, and other pertinent information related to possible suspects may be found among the suspect's personal effects or inside of the vehicle and or homes of the victim, suspects (s) and or the vehicle belonging to either. Evidence may include, but not be limited to; journals, diaries, phone books, personal and business correspondence, computers and the electronic files contained within, personal data assistants, cellular phones, and other electronic devices. I know that examiners at the Gresham Police Department can conduct forensic examinations of electronic devices such as personal data assistants and cellular phones, and that such examinations can yield information including but not limited to phone numbers, names, text and voice messages, and digital photographs. Such information can be useful in criminal investigations to help identify victims, persons of interest, and next of kin, as well as to document communications initiated or received by the user of the device. I know from my training and experience that persons who have bank accounts, credit union accounts or other financial institution accounts often use checks, debit cards, credit cards, automatic withdrawals, and wire transfers as a way to purchase lodging, gas, food, groceries and AFFIDAVIT FOR SEARCH WARRANT - 26 the general items and services it takes to sustain life. Further, these purchases often are accompanied by business records or receipts. These items, based on my training and experience will provide a chronological timeline of expenditures and can be used to track the movements of the subject. I know from personal and professional experience that people often maintain records pertaining to personal finances, business transactions, income taxes, journals and diaries, photographs, correspondence, and personal and business contacts in their residences and vehicles. I know from my training and experience that physical evidence including latent finger prints, human blood, hair, saliva, skin cells, and other bodily fluids and tissues is often deposited at the scenes of violent crimes by both the victim and the perpetrator. I know that such deposits of such trace evidence could be direct, as in the case blood spilling onto a carpeted floor. I know that such deposits of trace evidence could also be indirect, such as in the case of transfer of blood from a person's hand to a weapon, clothing, or other item. I know from my training and experience that substances on which such trace evidence has been deposited may still contain microscopic amounts of the trace evidence even after the passage of long periods of time, exposure to the elements, or being subjected to a basic cleaning. I know from my training and experience that human blood, hair, saliva, skin cells, and other bodily fluids and tissues contain deoxyribonucleic acid (DNA), a genetic material unique to each person, much like a "genetic fingerprint." I know that the Oregon State Police Forensic Laboratory can test items of physical evidence for the presence of latent fingerprints, blood, hair, saliva, skin cells, and other bodily fluids and tissues to determine its origin or donor. Such substances can be analyzed and the results of said analysis can help to identify to person from whom the analyzed sample came. Trace evidence including blood, hair, saliva, skin cells, and other body fluids and tissues contain DNA even when in a dry state. I also know that the forensic laboratory can conduct microscopic examinations of hairs and fibers to identify and compare them. AFFIDAVIT FOR SEARCH WARRANT - 27 Homicide scene involving firearms can contain a variety of evidence including but not limited to blood spatter, latent finger prints, hair, fibers, firearms, shell casings, and bullets; Firearms, barrels from firearms, bullets, casings, primers and powder can be sent to the Oregon State Crime Lab to be tested and analyzed; Firearms, firearm parts and accessories, bullets and casings can be fingerprinted to identify the person that has handled that particular item; Firearms have serial numbers and those serial numbers can be checked to see if the firearms are listed as stolen or help trace who may have lawfully owned or possessed the firearm; I know from my training and experience people consider firearms a valuable item and often retain them for a protracted period of time. Firearms can be stored inside the home or vehicle of victims or suspects. Firearms use ammunition and that ammunition can be and is often stored in the same locations as the firearm. VI. CONCLUSION Based upon the above information, I have probable cause to believe that evidence of the crime of Murder ORS 163.115 will be recovered in the search room #115 at the Motel 6,located at 106 Minor Road in Kelso Washington located in Cowlitz County Washington. I, therefore, pray the above entitled court to issue a search warrant to search for evidence of murder ORS 163.115 search room #115 at the Motel 6, located at 106 Minor Road in Kelso Washington located in Cowlitz County Washington. The room registered to Ms. Michelle Karine Worden-Brosley and Mr. Joshua Robinett who are now both in custody based on probable cause arrest warrants issued by the Honorable Edward Jones of Multnomah County in the State of AFFIDAVIT FOR SEARCH WARRANT - 28 Oregon. The Motel 6 is a multi-unit hotel business. It physically is described as a two-story building that sits adjacent to Interstate 5 (northbound) in Kelso, Washington. The building is tan in color and it accented with green doors to the individual rooms. The room numbers are placed vertically on each of the doors and that is consistent with room #115. Additionally, room #115 is located in the far north-west corner of the building. I pray the search allows for the search, seizure and analyzing of the following items which based on my training, experience and conversations with other detectives would be evidence of the crime of murder ORS 163.115, said items are as follows: Journals, diaries, phone books, personal and business correspondence, computers, cellular telephones and accessories, identifying documents and the electronic files contained within, personal data assistants, cellular phones, and other electronic devices; records pertaining to personal finances, business transactions, journals and diaries, photographs, correspondence, and personal and business contacts; As well as any trace evidence, latent finger prints, human blood, hair, saliva, skin cells, and other bodily fluids and tissues; Any items related to a firearm(s) including, but not limited to firearms, ammunition, shell casings, bullets, primers, powder, magazines, cleaning equipment, holsters, gun boxes and cases, trigger locks, gun safes, gun parts and tools, shooting targets, items which show firearms possession; Any photographs, images, videos in any type of format including, but not limited to digital, 35mm or VHS; Items of clothing, items obviously belonging to the victim or Mr. Bruynell the outstanding suspect in which probable cause exists and a valid arrest warrant has been issued; Personal financial information to include, but not limited to: purchase history, deposit slips, AFFIDAVIT FOR SEARCH WARRANT - 29 deposit records, withdrawal slips, withdrawal records, payment receipts/records, account application statements, signature cards, monthly statements, quarterly statements, annual statements, account application statements, photocopies of checks paid and received, wire transfer records, copies of any credit card advance checks used, credit or debit purchases, credit reports and any receipts; Or any other items of evidence of the crime of murder. I further pray that the affidavit and search warrant(s) issued in this case to be sealed until the completion of the ongoing investigation based on the high profile media coverage and to eliminate any information being disseminated prematurely. And to make return of this warrant to the magistrate within five (5) days after execution thereof. _________________________________________ Detective Aaron Turnage, DPSST #51413, Affiant Subscribed and sworn to before me this _____ day of October, 2013: ________________________________________ Judge of the Circuit Court of the State of Oregon for Multnomah County AFFIDAVIT FOR SEARCH WARRANT - 30