Bachmurski Trial: Day 4

DECORAH, Iowa — The fourth day of James Bachmurski's trial began with testimony from the state's final witness, Special Investigator Jonathon Turbett of the Iowa Department of Public Safety. 9:00 a.m. - Turbett identified himself as a member of the Major Crimes Unit of the Division of Criminal Investigation. He stated he has additional training regarding investigation, interrogation, and suspicious deaths. Agent Turbett became involved in the Jade Colvin case in October 2022 when Investigator Chris Wuebker contacted him for assistance. Turbett suggested to Wuebker that they involve Special Agent Holly Witt in the case. His role in the investigation included meeting with Wuebker and assisting with interviews conducted with approximately 12 to 15 witnesses and with defendant James Bachmurski. Turbett testified that prior to his interview with Bachmurski, he felt he "had a good handle on the events of the case." He stated he had never met Bachmurski before the interview, completely relying on information from other sources about Bachmurski's personality and demeanor. The investigator noted that Bachmurski had moved to a remote location outside of Swainsboro, Georgia, where he interviewed Bachmurski on August 7, 2023. Turbett described working with local law enforcement, making sure "they had the right location" before he flew to the area. Turbett described Bachmurski's residence, which he visited with a local law enforcement officer, as a "modular 'prefab' house, not overly large with a dirt driveway." He was not aware of anyone else living in the residence but had heard of others "visiting." Turbett had not alerted Bachmurski of his visit beforehand. When Turbett visited, he recorded the interaction, starting the recording at the Emanuel County Sheriff's Office and continuing throughout his interview with Bachmurski, who was not told he was being recorded. Prior to court, the prosecution edited the four-hour recording into 24 individual clips totaling approximately 29 to 30 minutes in length. The first and second clips featured Turbett coming to the door of Bachmurski's residence and letting Bachmurski know he was a law enforcement officer. Bachmurski suddenly admitted during the recording that "something happened in Iowa that had been affecting his life 'forever'." Turbett testified that Bachmurski began "tearing up" during the interaction. The first clip was played in its entirety, however, due to technological issues with the court's sound system, a break was called at 9:27 a.m. while IT Department members were brought into the courtroom to fix the issue. 9:37 a.m. - Court resumed with the sound issues resolved. The recording further revealed that Bachmurski had stated he had been thinking about what Turbett was "talking about" for a long time. Turbett had not even broached the subject of Jade Colvin. In recording two, after Turbett revealed he was an Iowa police officer, Bachmurski told Turbett that he believed "they had to find the answers," that he didn't want to "implicate his kids," and that he had been going by an alias, "Bob" in Georgia. Turbett noted that in later recordings, he spoke to Bachmurski about his alias and why he started using it. He said Bachmurski was surprised that he wasn't "one of the first people" law enforcement had contacted about the case. Turbett confirmed it was his understanding that he was the first law enforcement officer to approach Bachmurski about the case. Bachmurski stated he "was glad" Turbett was there because he had been having "nightmares about this." Turbett noted that by the time all this information had been revealed, he had only been at the residence for approximately 10 minutes.Turbett described an hour edited out of the recording where he had been invited into the residence. He had "built rapport" with Bachmurski during this hour to make Bachmurski "more comfortable" speaking with him. They had spoken about LaDawn Colvin, then reached the subject of Jade. In the recording, Bachmurski stated some details were "sketchy" but revealed a plan made with LaDawn to get Jade out of Arizona. He expressed worry about incriminating himself, stating he "did everything he did, because it was the right thing to do." "My whole thing with her daughter probably didn't last more than five days," Bachmurski stated. Bachmurski said Jade had "taken a bus to Minnesota," where she was picked up and brought to Iowa. In the next recording, Bachmurski described Jade from his memory. "Strawberry blonde, skinny stature, 'definitely attractive', maybe 5'6…I only met her for a couple of days. She wasn't that old. She kind of was…younger than my son Bryan," Bachmurski stated. Turbett testified that Bachmurski told him the thing he remembered most about the situation was how Jade disappeared. He stated Bachmurski had shared concerns about being used as "a fall guy" by "them." At this point, Turbett had been sitting with Bachmurski for about an hour and 20 minutes. To preface clip ten, Turbett admitted that Bachmurski surprised him with information about having been in a texting relationship with Jade before she appeared in Iowa. Before the next recording, Turbett stated a photo was presented to Bachmurski. Bachmurski immediately identified Jade and LaDawn and revealed it was a photo taken at the Minneapolis Airport. Turbett asked how he knew where the photo was taken, to which Bachmurski replied "because they sent it to me." Bachmurski voiced concerns about getting in trouble by revealing this information to Turbett. In the next recording, Bachmurski reiterated he had been texting Jade and that the only way she could have been texting his number was if LaDawn had given her his phone number. In clip thirteen, Bachmurski reiterated to Turbett that he had been texting Jade "quite a bit." Bachmurski revealed he was under the impression he was going to "marry LaDawn," going so far as to admit he believed they were "going to be a family…but then everything happened so fast." Turbett prefaced clip fourteen by stating he wanted to make sure no one else was living at the residence when Jade was there. In the clip, Bachmurski stated his son Bryan "had been there" but wasn't living there. Another name came up, Chris Hopper, who Bachmurski stated had also "been there." Turbett noted he believed Hopper, who had known LaDawn, had moved out by the time Jade arrived. Turbett stated it was revealed through investigation that Hopper had nothing to do with the case. In the next clip, Turbett asked if Jade had a cellphone during her time at the farm. Bachmurski claimed Jade had access to three cellphones and that LaDawn had been switching out SIM cards between phones to hide from DHS, which Bachmurski noted was information that could get him in "super trouble." Turbett asked Bachmurski about calling the police during this time, and Bachmurski stated Turbett didn't understand how quickly the situation had escalated. In clip sixteen, Turbett and Bachmurski spoke about the potential for Bachmurski to call law enforcement and why Bachmurski failed to do so. Bachmurski claimed it wasn't something he thought to do until LaDawn had left. "I didn't know what else to do," Bachmurski stated, "I really felt like nobody would believe me…I didn't think it would turn out good for me." Bachmurski claimed they had been telling him stories about Jade being abused by her dad and that he had "fallen for" their story. Bachmurski stated he had gotten into contact with a relative, "Jade's half-sister," and shared all the information he had with them. Turbett stated he believed Bachmurski was referring to Joey "Rain" Murphy in this conversation. In clip seventeen, Bachmurski stated he had assisted Jade with purchasing undergarments and clothes for her at Walmart. Clip eighteen, approximately four minutes long, featured Bachmurski telling Turbett about the extensive texting relationship between himself and Jade, confirming that photos had been transmitted. Bachmurski stated he had taken photos of tire tracks at the end of his driveway on the day Jade allegedly went missing, photos that had been recovered from Bachmurski's phone by Special Agent Witt. Bachmurski insinuated the tire tracks were related to "Rain" or LaDawn. Bachmurski stated he was "sure there had to be, sure there had to be" photos sent between himself and Jade. Turbett stated he did not immediately press Bachmurski on the nature of these photos, as he feared it would end the conversation prematurely. In the next recording, Bachmurski, who Turbett alleges became emotional, stated that "by the time her daughter left, if I said anything about it to anybody, I would get in trouble." In the next recording, Turbett attempted to learn if Bachmurski knew Jade by the name "Jade" and not by another alias. Bachmurski confirmed that was the case. In clip twenty-one, Turbett asked about Bachmurski's relationship with Jade. Bachmurski, who became emotional in the recording, stated he "assumed it was warm" and that he was only tearing up because of what happened "at the end." In the next recording, Bachmurski revealed the last time he had seen Jade was at his house. He added that the last thing he was doing was "something at Norby's" and that Jade was "doing laundry." He stated that by the time he returned from Norby's, Jade was gone. In the next clip, a discussion occurred about "Jade's breast size." Bachmurski claimed she was "wearing a C, but that she was a D." He stated she was a "well endowed young lady for her age." In the last clip, Turbett circled back to photos that had been transmitted between the pair. Turbett asked Bachmurski if there were inappropriate photos involved in their texting conversation. Turbett stated his answer was unclear. Bachmurski, listening to the recording, shook his head. When asked if Jade had sent a nude photo of herself to him, he claimed he did not remember. Turbett pressed Bachmurski in the recording. "You would remember that," Turbett asserted. Turbett claims Bachmurski laughed and stated it wouldn't have registered to him, as his sons had frequently brought young women to the residence who often went around without tops on. Court was dismissed for a morning break at 10:44 a.m. 11:00 a.m. - Court resumed at with Agent Turbett's continued testimony. Agent Turbett stated he had revisited Bachmurski in Georgia. In the days before his re-arrival, Turbett stated that "a lot of good digital work had been done." By the time of his second visit, Turbett said he was sure that Bachmurski had murdered Jade and that he would have to confront Bachmurski with this accusation. Another interview was presented, originally six hours in length but edited for brevity to approximately 20 to 25 minutes. Turbett noted there was a "self-proclaimed issue" with Bachmurski's sobriety during the interview. Turbett testified he conducted an assessment for THC or alcohol impairment in Bachmurski, stating he saw no issues with Bachmurski's sobriety. During the beginning of the interview, Turbett identified himself to Bachmurski. Turbett claims Bachmurski did not remember him and complained of muscle soreness. Turbett described Bachmurski as "friendly" during the outset. Bachmurski led Turbett and a fellow law enforcement officer to a pond, garden, apiary, and the lawn. Turbett asked if Bachmurski would like to sit in Turbett's car, which Bachmurski agreed to. Later, Bachmurski led Turbett inside to his kitchen table and continued the interview from there. During the conversation in the car, Bachmurski claimed he had taken legal THC gummies that were affecting his memory during the interview, stating you could get them "from any gas station." Turbett pressed Bachmurski about his past, but Bachmurski claimed it all blended together. The next clip featured Turbett reminding Bachmurski with notes Turbett had taken during the last interview. Turbett showed Bachmurski photos of Bachmurski's bedroom taken by Bachmurski's own phone. The first was the bedroom cleaned and the second was the typical state of the bedroom. Bachmurski stated to Turbett there wasn't any evidence in the bedroom. In the next clip, Turbett presented a photo of Jade to Bachmurski, asking if he brought her to Tennessee. Bachmurski claimed he "obviously didn't take her to Tennessee." Turbett pressed Bachmurski on the topic, stating he had dealt with numerous individuals under the influence of THC before and that Bachmurski was doing a good job remembering before this point. In the next clip, Turbett reintroduced the texts between Bachmurski and Jade, asking about potential nude pictures. Bachmurski claimed it sounded "too good to be true" and that he wishes he could remember the relationship because "it was getting good." Bachmurski further claimed he did not bring Jade to Tennessee and that he did not know if he did or not; that it "wasn't even possible." Later, Turbett asked Bachmurski why he told Bryan that Jade had been taken to Tennessee. Bachmurski stated that "he did tell people some things." Turbett asserted this meant it didn't actually happen. Turbett stated he had spoken to Bryan at length, but this statement was objected to by the defense as hearsay, and the objection was sustained by Judge Parrish. The next clip featured Turbett presenting a photo of the cleaned living room of Bachmurski's residence. Bachmurski claimed it was due to the house being put up for sale. A later clip, presented out of chronological order, featured Bachmurski pleading for help from Turbett. Turbett asserted the story about Tennessee was a lie and effectively claimed Bachmurski knew where Jade was. Bachmurski stated that no matter what he said, "it looks bad for me." The next clip featured Turbett asking Bachmurski about his alias, "Bob Sage." Bachmurski stated he wanted to change his life and "start over as a new person" in Georgia. Turbett stated Bachmurski had been "putting himself out there" as Bob Sage, citing dating website profiles and evidence around the house during the visit. In the next clip, Bachmurski stated he wasn't sure what Turbett wanted. Turbett responded with "The truth," to which Bachmurski responded, "I don't know what the truth is." Turbett asserted that Jade was dead and confronted Bachmurski with the accusation that he murdered Jade. Bachmurski denied this accusation during the interview. Later, Bachmurski stated "it's not going to look good for me" and that it wouldn't make a difference. When asked by Turbett what the truth was, Bachmurski said "I'll go to the grave before I tell the truth about this." Bachmurski also stated he "wasn't afraid of dying anymore." In a later section of the interview, Turbett asserts that Bachmurski admitted to lying about Jade's location. "Jade was no longer okay, and you're having to start to lie to the world," Turbett said in the recording. "Yeah, I did," Bachmurski responded. Turbett asked directly if Bachmurski would lie about taking Jade to Tennessee, and Bachmurski claimed "I don't know." Bachmurski also stated "what happened was crazier" than what Turbett thought. According to Turbett, Bachmurski did not elaborate further but stated "it was like the Amityville House, it was just evil." Bachmurski stated in the recording that Jade carried several different phones with her but didn't have service at his residence, so used his phone. Turbett asked why Bryan was confused about the situation after Jade's disappearance. Bachmurski claimed he "didn't know anyone in Tennessee." Turbett then confirmed the defendant was the same man he had interviewed, identifying him as "James Bachmurski." Court was dismissed for a lunch break at 11:57 a.m. 1:02 p.m. - Court resumed with the prosecution checking on exhibits they believed had been admitted to the jury, asking if Judge Parrish agreed. Judge Parrish found their exhibits to be the same as the ones in her documents. The prosecution then submitted a flash drive with multiple exhibits as "court-only" exhibits 15-20, 22, 23, 25 and 29, not to be given to the jury. With no objection from the defense, they were submitted. The security level of these exhibits was raised to prevent access from the public. Agent Turbett was then cross-examined by the defense. Attorney Les Blair questioned Turbett on his history of interviews with individuals attached to the case. Turbett confirmed he had interviewed everyone that Blair mentioned. Blair pointed out that Turbett had not personally interviewed James Bachmurski Jr. at any point, which Turbett confirmed was true. Blair pointed out that Bachmurski never referred to Jade's "death" and simply referred to Jade's "disappearance" during their interview. Turbett stated that was "debatable" and that he believed Bachmurski had killed Jade at that point. Blair attempted to object to Turbett's response, calling it "unresponsive," but was overruled by Judge Parrish. Blair asked Turbett about the THC gummies, stating that Bachmurski was unaware that Turbett was coming that day to interview him. Turbett confirmed he would have "no way of knowing he was coming," but that he had told Bachmurski during the first interview that he would be back. Blair then pointed to digital evidence of an argument between LaDawn and Jade, which Turbett claimed he was "unaware of." At this point, Turbett was dismissed, and the state rested its case. The defense told Judge Parrish that their first witness would be available at 1:30 via Zoom. Court was dismissed at approximately 1:24 p.m. for a short break to allow for this. 1:34 p.m. - Court resumed with the Defenses' first witness, Jessica Lundy, a city clerk for the City of Story City in Iowa who was formerly employed by DHS for thirteen years and was involved with Jade's case. Lundy stated that the first day she met her, it was clear that Jade wanted to get away from her father, but after that initial separation, attempted to run away from DHS multiple times. She testified that LaDawn was "hard to keep track of" and that she had an "unstable lifestyle". She recounted a discussion with LaDawn where LaDawn had claimed Jade was "on the coast", but when she questioned LaDawn about which coat, LaDawn was unable to tell her whether it was the east or west coast. Lundy stated that LaDawn told her she had been staying in Decorah with a "James" and had asked Lundy to do a background check on "James", but was unable to relay "James'" last name or date of birth. Lundy stated that LaDawn's mental state was "erratic" during this meeting, and that LaDawn had shown up to the meeting wearing "one snow boot and one stiletto". At a later date during a phone call with Jade, Lundy was told that Jade was "homeschooling herself". During this call, Jade allegedly told Lundy to leaver her and her mom alone. Attorney Leigha Lattner referenced a police report in which a discussion between Lundy and a Des Moines police officer, Officer Kelly, but Lundy was unable to remember the discussion, but had no reason to believe the conversation did not occur. Lattner then attempted to refresh Lundy's memory with a physical copy of the police report. The jury was then asked to leave the courtroom as the prosecution reviewed the document. After discussion, Lattner was permitted to read the contents of the report aloud to Judge Parrish. The prosecution objected to the contents of the report as "triple hearsay". After further discussion, Judge Parrish did not allow the contents to be read to the jury. The jury was then let back into the room. The prosecution then cross examined Lundy, asking her if LaDawn could be considered a "reliable reporter" on matters pertaining to Jade, Lundy stated that she could not. Lunday stated that Jade wanted to be with her mother more than anyone else, and that a judge had made the decision to grant LaDawn custody as a measure to draw Jade out of hiding. Lundy was then dismissed at 2:02 p.m. 2:06 p.m. - The jury was dismissed, but court remained in session. As the state had rested its case, the defense argued that there was no indication of "malice of forethought" and that there was not way the case could possibly prove its case at this point based on the facts presented. Lattner stated that at best, the highest crime Bachmurski could be found guilty of was "harboring a fugitive", and made a motion to have the case aquitted. The prosecution stated that the State was not required to prove that "Bachmurski shot, stabbed, or anything else to Jade Colvin", pointing to elements in evidence that the State alleges prove their case of murder in the second degree. Judge Parrish ruled that there was sufficiant evidence to submit the question of murder in the second degree to the jury and denied the aquittal.