STATE on nears eaaoma' EN THE GENERAL corner . OF JUSTICE CQUNTY 33m SUPERIGR CQURT DIVISIGN 1N THE OF: . MOTION TO TEREROARILY DEATH WESTIGATIGN 9-7-2012 SEAL EXAMINER FAITH DANIELLE HEDGEPETH AUTOPSY REPORTS care oca: 32-20848 The Chapel nan Police Department, enough the Town gr Chapel Hill and by undersigned counsel, moves theoonrt for an Crder Temporarily Sealing Medical Examiner Autopsy regions in the matter of the death of Faith Danielle Hedgepeth. i. an September 7, 20l2, The Chapel Hill Police Department responded to the report on an umesponsive person located at 5639 Sid. Durham Road apartment number 1502. 2. When emergency responders arrived at the apartment, they found Faith Danielle Hecigepeth deceased in her be?roorn. Upon discovering the deceased, police initiated a death investigation which is ongoing. 3. In the course of this investigation, an autopsy was conducted by the State Medical Examiner?s Qf?ce. ?When a report pertaining to the antoesy is issued, it will likely contain information regarding potential causes of death anti condition of the body. 4. North Carolina General Statute provides that a copy of an autopsy report shall be furnished to any person upon request. 5. If released, this information has potential to compromise the ability of the Chapel Hill Police Department to conduct a thorough and complete investigation as details relateri to Ms. Hedgepeth?s death are ioiown only to police, witnesses and potential perpetrato?s). 6. The release of the infomation contained therein could also hinder the State?s ability to bring the responsible party to justice. 7. in addition to undermining the ongoing criminal investigation, release of this information may also jeoparclize the prosecntion?s right to prosecute its case relating to the criminal investigation and jeopardize the ?ght of any suspect charged in this matter from receiving a fair trial. Wherefore, the undersigned respecf??ly requests that the Court Temporarily seal any Medical Examiner Autopsy report the ma?er of the death hivestigation of Faith Danielle Hedgepeth and iimit access to only the investigating officers of the Chapel Hill Police Depment, The Dizth County District A?omey?s Of?ce and any ?lm-e Defendant or ?gure Defendant?s Counsel in this maria. The undersigned also respectth requests that this Order remain in effect until ?irthei' Order from the Cour: Respectfully submitted, the 14$ day of September, zen. Staff Legal Advisor 828 Martin Luther King Jr. Blvd. Chapel Hill, North Carolina 27514 Phone Number: (919) 968?2760 Faesimiie Number: (919) 968-2846 Staie Bar No.2 35596 STATE BF CARQLINA THE GENERAL 0F JUSTICE COWTY 33W SUi?ERi?i-i CGURT BMSIQN IN THE NLATTER OF: ORDER TEWORWLY WDICAL EXAMINER AUTGP SY DEATH INVESTIGATION 9-7-2012 PAHH DANIELLE HEDGEPETH CHPD OCA: 12-20848 - . THIS MATTER COMING ON TO BE HEARD AND BEING HEARD, eX?parte, before the undersigned and it appearing to the Court that Matthew J. Sullivan, Staff Legs}. Adtdsor for the Chapel Hill Police Department has preseoted a petition requesting an Quiet Temporar?y Sealing Medical Examiner Aatopsy Recoriis in the Matter ofthe investigation oftlie death of Faith Danielle Hedgepeth the Court make the following FINDINGS OF FACT: 1. The Court has jmisdiction in this matter 2. On September 7, 2012, The Chagel Hiil i?oliee Department responded to the report on. as unresponsive oersoo io Gated. at 5639 ?le Durham Road apathneot number 1502. When emergency respoiiders arrived at the apamneot, they found. Faith Danielle Hedgepeth deceased in her bedroom. Upon discovering the deceased, initiated a death investigation which is ongoing. LL) 4; in the course of this investigation, an autopsy was coadueted by the State Medieai Examiner?s Of?ce. 3h North Carolina General Statute BSA-3 89(3) pretri?es that a copy of an autopsy report shall be furnished to any person upon request. 6. if released, this information has potential to compromise the ability of the Chapel Hill i?oiice Department to conduct a thorough and complete investigation. The release of the infonaation contestedtherein coals also hinder the State?s to bring the responsible party to justice. 8. Release of this ioformation may also jeoyardize the prosecution?s right to prosecute its ease relating to the criminal investigation anti jeoparoize the right of any suspect charged in this matter from receiving a fair trial. IT is THEREFORE ORDERED: 1. That any Medical Examiner autopsy report in the matter of the deafh investigation of Faith Danielle He?gepeth be temperar?y sealed with aecess limited to the investigating ef?cers of the Chapel Hill Department, The Durham Ceunty District A?omey?s Of?ce and any fem-e Defendanf er fume Defendant?s Counsei in this matter. a? That this Greer remain in further Greer the Court. This the 14th day of September? 2012. STATE OF NORTH CAROLINA COUNTY OF DURHAM IN THE OF: DEATH INVESTIGATION 9?12012 FAITH DANIELLE HEDGEPETH CHPD OCA: 12-20848 The Chapel Hill Police Deparnnent, through the Town of Chapel Hill and by undersigned counsel, moves the court to extend an Order Temporarily Sealing Medical va. IN THE GENERAL COURT COURT DIVISION MOTION TO EXTEND ORDER SEALING EXAMINER AUTOPSY REPORTS OF JUSTICE Examiner Autopsy reports in the matterof the death of Faith Danielle Hedgepeth. 1. On September 7, 2012, The Chapel Hill Police Deparonent responded to the report on an unresponsive person located at 5639 Old Durham Road aparhnent number 1502- 2- When emergency responders arrived at the apartment, they found Faith Danielle Hedgepeth deceased in her bedroom- Upon discovering the deceased, police initiated a death investigation which is ongoing. 3. In the course of this investigation, an autopsy was conducted hy?the State Medical Examiner?s Office- When a report pertaining to the autopsy is issued, it will likely contain information regarding potential cans es of death and condition of the body. 4. North Carolina General Statute provides that a copy of an autopsy report shall be furnished to any person upon request. 5. In a Court Order dated 14 September 2012, The Honorable Carl Fox directed that: a) That any Medical Examiner autopsy report in the matter of the death investigation of Faith Danielle Hedgepeth be temporarily sealed with access limited to the investigating of?cers of the Chapel Hill Poh'ce Department, The Durham County District Attorney?s Of?ce and any future Defendant or future Defendant? Counsel in this matter, and b) That this Order remain in effect for 90 days, or until ?irther Order from the Court. 6 The Chapel Hill Police Department continues to actively conduct the investigation related to Ms. Hedgepeth?s death. 7 . If released, this information continues to have the potential to compromise the ability of the Chapel Hill Police Department to conduct a thorough and complete investigation as details related to Ms. Hedgepeth?s death are known only to police, witnesses and potential perpetrator(s). s. The release of the infonnation contained therein could also hinder the State?s ability to bring the responsible party to justice. 9. In addition to undermining the ongoing criminal investigation, release of this information may also jeopardize the prosecution?s right to progeeute its ease relating to the criminal hivestigation and jeopardize the right of any suspect charged in this matter from receiving a fair trial. Wherefore, the undersigned respectfully requests that the Court extend Judge Fox?s Order Temporarily sealing any Medical Examiner Autopsy report in the matter of the death investigation of Faith Danielle Hedgepeth and limit access to only the investigating of?cers of the Chapel Hill Police Department, The Durham County District Attorney? Office and any future Defendant or future Defendant?s Counsel in this matter. The undersigned also respectfully requests that this Order remain in effect for an additional 90 days or, until further Order from the Court. Respectfully submitted, this the/423bl day of December, 2012. TOWN HAPEL Minnow J. SULLIVAN Staff Legal Advisor 828 Martin Luther King Jr. Blvd. Chapel Hill, North Carolina 27514 Phone Number: (919) 968?2760 Facsimile Number: (919) 968?2846 State Bar No.: 35596 STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE COUNTY OF SUPERIOR COURT DIVISION IN THE MATTER OF: ORDER EXTENDING TIME ON ORDER TMORAREY SEALING MEDICAL EXAMINER AUTOPSY RECORDS DEATH INVES 9-7?2012 FAITH DANIELLE HEDGEPETH CHPD OCA: 12-20848 THIS MATTER COMING ON TO BE HEARD AND BEING HEARD, eX?parte, before the undersigned and it appearing to the Court that Matthew J. Sullivan, Staff Legal Advisor for the Chapel Hill Police Department has presented a petition requesting the Court to extend the time on an Order issued by the Honorable Carl For Temporarily Sealing Medical Examiner Autopsy Records in the Matter of the investigation of the death of Faith-Danielle Hedgepeth, the Court make the following FINDINGS OF FACT: 1. The Court has jurisdiction in this matter. 2. On September 7, 2012, The Chapel Hill Police Department responded to the report on an unresponsive person located at 5639 Old Durham Road apartment number 1502. 3. When emergency responders arrived at the apartment, they found Faith Danielle Hedgepeth deceased in her bedroom. Upon discovering the deceased, police initiated a death investigation which is ongoing. 4. In the course of this investigation, an autopsy was conducted by the State Medical Examiner?s Office. 5- North Carolina General Statute 130A-389(a) provides that a copy of an autopsy report shall be ?rmished to any person upon request. 6. In a Court Order dated 14 September 2012, The Honorable Carl Fox directed that: a) That any Medical Examiner autopsy report in the matter of the death investigation of Faith Danielle Hedgepeth be temporarily sealed with access limited to the investigating officers of the Chapel Hill Police Department, The Durham County District Attorney?s Office and any future Defendant or future Defendant?s Counsel in this matter, and b) That this Order remain in effect for 90 days, or until ?lrther Order from the Court. - 7. The Chapel Hill Police Department continues to actively conduct the hivestigation related to Ms. Hedgepeth?s death. 8. If released, dais information continues to have the potential to compromise the ability. of the Chapel Hill Police Department to conduct a thorough and complete investigation. 9. The release of the information contained therein could also hinder the State?s ability to bring the resPonsihle party to justice. 10. Release of this information may also jeopardize the prosecution?s right to prosecute its case relating to the criminal hwestigation and jeopardize the right of any suspect charged in this matter from receiving a fair trial. IT IS THEREFORE ORDERED: I. That the Court Order issued by The Honorable Carl Fox remain in effect for an additional 90 days from today?s date or until further Order from the Court whichever comes ?rst. This the?m day of December, 2012. Suerior Court Judge Ill STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE COUNTY OF ORANGE SUPERIOR COURT DIVISION INTHEMATTER or: - MOTION TO ALLOW REDACTION DEATH INVESTIGATION 9?7?2012 OF CRMAL INVESTIGATIVE FAITH . INFORMATION FROM POLICE RADIO TRAFFIC CHPD OCA: 12?20848 The Chapel Hill Police Department; through the Town of Chapel Hill and by undersigned counsel, moves the Court for an Order to allow for the redaction of Criminal Investigative Infonnation from recordings of police radio traffic that occurred during the police response and initial stages of investigation in the death of Faith Danielle Hedgepeth. 1. On September 7, 2012 at 1101 hours, Durham City Emergency Communications received a cail on its emergency lines regarding an unresponsive person located at 5639 Old Durham Road apartment number 1502. 2. When emergency responders arrived at the apartment, they found Faith Danielle Hedgepeth deceased in her bedroom. Upon discovering the deceased, police initiated a death investigation which is ongoing 3- During the police response and initial hivestigation, communications of officers and Orange County 911 dispatchers occurred over several channels on the polico radio. 4. A media outlet has made a request for a OOpy of this radio traf?c. 5. Several pieces of information contained in the radio traf?c have the potential to compromise the ability of the Chapel Hill Police Department to conduct a thorough and complete investigation as details related to the crime scene and potential suspects are known only In police, Witnesses of the crime scene and any potential perpetrato?s). 6. North Carolina General Statute provides that the contents of communications between or among employees of public law enforcement agencies that are broadcast over the public aimays are public record. 7. North Carolina General Statute further provides that if a public law enforcement agency believes that release of information that is a public record under subdivisions through will jeopardize the right of the State to prosecute a defendant or the right of a defendant to receive a fair trial or will undermine an ongoing or future investigation it may seek an order from a court of competent jurisdiction to prevent disclosure of the information. 8. There is a preponderance of evidence to show that the release of certain portions of the police radio traf?c in this case would undermine the ongoing criminal investigation, jeopardize the prosecution?s right to prosecute its case relating to the criminal investigation, and jeopardize the right of any snapect charged in this matter from receiving a fair trial. 9. The release of the information contained herein could also hinder the State? ability to bring the responsible party to justice. Therefore, the undersigned respectfully requests that the Court issue an Order allowing for the redaction of Criminal Investigative Information from recordings of police radio traf?c that occurred during the police response and initial stages of investigation in the death of Faith Danielle Hedgepeth and prohibiting any disclosure of the redacted contents with access limited to only the investigating of?cers of the Chapel Hill Police Department, The Durham County District Attorney?s Office and any future Defendant or future Defendant?s Counsel in this matter. The undersigned also respectfully requests that this Order remain in effect for 90 days or further Order from the Court whichever occurs sooner. The Chapel Hill Police Department will retain the full recordings to be released upon further Order of the Court. Respect?illy submitted, this the 21th day of September, 2012. J. SULLIVAN Staff Legal Advisor 828 Martin Luther King Jr. Blvd. Chapel Hill, North Carolina 27514 Phone Number: (919) 968?2760 Facsimile Number: (919) 968-2846 State Bar No.: 35596 CHPD OCA: 12?20848 STATE OF ORTH IN THE GENERAL COURT OF COUNTY OF ORANGE SUPERIOR COURT DIVISION IN THE MATTER OF: . ORDER REDACTION DEATH INVESTIGATION 9-7?2012 OF CRIMINAL INVESTIGATIVE FAITH DANIELLE HEDGEPETH INFORMATION FROM POLICE RADIO TRAFFIC THIS MATTER COlvilNG ON TO BE HEARD AND BEING HEARD, ex?parte, before the undersigned and it appearing to the Court that Matthew J. Sullivan, Staff Legal Advisor for the Chapel Hill Police Departrnent has presented a petition with a recording requesting an Order allowing for the redaction of criminal investigative information from police radio traf?c in the Matter of the investigation of the death of Faith Danielle Hedgepeth pursuant to NC. Gen. Stat. the Court makes the following FINDDIGS OF FACT: 1. 2. The Court has jurisdiction in this matter On September 7, 2012 at 1101 hours, Durham City 911 received a call on its emergency lines regarding an unresponsive person located at 5639 Old Durham Road apartment number 1502. . During the pOIiCe response and initial investigation, communications of officers and Orange County 9 dispatchers occurred over several channels on the police radio. A media outlet has made a request for a copy of this radio traf?c- Several pieces of information contained in the radio tra?ic have the potential to compromise the ability of the Chapel Hill Police Department to conduct a thorough and complete investigation as details related to the crime scene and potential suspects are blown only to police, witnesses of the crime scene and any potential perpetratorCs). North Carolina General Statute (5) provides that the contents of communications between or among employees of public law enforcement agencies that are broadcast over the public airways are public record. North Carolina General Statute further provides that if a public law enforcement agency believes that release of information that is a public record under subdivisions through will jeopndize the right of the State to prosecute a defendant or the right of a defendant to receive a fair trial or will undermine an ongoing or future investigation it may seek an order from a court of competent jurisdiction to prevent disclosure of the information. 8. There is a preponderance of evidence to show that the release of certain portions of the police radio traffic in this case would undermine the ongoing criminal investigation, jeepardize the prosecution? 3 right to prosecute its case relating to the criminal investigation, and jeopardize the right of any suspect charged in this matter from receiving a fair trial. 9. The release of the information contained herein could also hinder the State?s ability to bring the responsible'party to justice. IT IS THEREFORE ORDERED: 1. That the Chapel Hill Police Department may redact criminal investigative information from recordings of poiice radio traf?c that occurred during the police response and initial stages of investigation in the death of Faith Danielle Hedgepeth. 2. That any disclosure of such contents shall be limited to only the investigating officers of the Chapel Hill Police Department, The Durham County District Attorney?s Office and any future Defendant in this matter or any future Defendant?s Counsel in this matter. 3 . That the Chapel Hill Police Department retain unaltered recordings for release 11an further order of the Court. 4. That this Order remain in re?ect for 90 days or until further Order from the Court whichever comes ?rst. This the 21$ day of September, 2012. STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE COUNTY OF ORANGE SUPERIOR COURT DIVISION IN THE MATTER OF: MOTION To EXTEND ORDER ALLOWING REDACTION DEATH INVESTIGATION 9?7-2012 OF CRIMEJAL INVESTIGATIVE FAITH DANIELLE INFORMATION FROM POLICE RADIO TRAFFIC CHPD OCA: 12?20 843 I The Chapel Hill Police Department, through the Town of Chapel Hill and by undersigned counsel, moves the Court to extend a Court Order issued by The Honorable Carl Fox, allowing for the redaction of Criminal Investigative Information from recordings of police radio traf?c that occurred during the police response and initial stages of investigation in the death of Faith Danielle Hedgepeth. 1. On September 7, 2012 at 1101 hours, Durham City Emergency Communications received a call on its emergency lines regarding an unresponsive person located at 5639 Old Durham Road apartment number 1502. 2. When emergency responders, arrived at the apartment, they found Faith Danielle Hedgepeth deceased in her bedroom. Upon discovering the deceased, police initiated a death investigation which is ongoing. 3. During the police re3ponse and initial investigation, communications of officers and Orange County 911 dispatchers occurred over several channels on the police radio. 1 4. Several pieces of information contained in the radio traf?c have the potential to compromise the ability of the Chapel Hill Police Departurent to conduct a thorough and complete investigation as details related to the crime scene and potential suspects are known only to police, witnesses of the crime scene and any potential perpetrator(s). 5. North Carolina General Statute provides that the contents of communications between or among employees of public law enforcement agencies that are broadcast over the public airways are public record. 6. North Carolina General Statute further provides that if a public law enforcement agency believes that release of information that is a public record under subdivisions through will jeopardize the right of the State to prosecute a defendant or the right of a defendant to receive a fair trial or will undermine an ongoing or future investigation it may seek an order from a court of competent jurisdiction to prevent disclosure of the information. 7. In a Court Order dated 21 September 2012, The Honorable Carl For; directed that: a) That the Chapel Hill Police Department may redact criminal investigative information horn recordings of police radio traf?c that occurred during the police response and initial stages of investigation in the death of Faith Danielle Hedgepeth, and b) That any disclosure of such contents shall be limited to only the investigating of?cers of the Chapel Hill Police Department, The Durham County District Attomey?s Office and any future Defendant in this matter or any future Defendant?s Counsel in this matter, and c) That the Chapel Hill Police Department retain unaltered recordings for release upon further order of the Court, and d) That this Order remain in effect for 90 days or until further Order from the Court whichever comes first. 8. The Chapel Hill Police Department continues to actively conduct the investigation related to Ms. Hedgepeth?s death. 9. There continues to be a preponderance of evidence to show that the release of certain portions of the police radio traffic in this case would undermine the ongoing criminal investigation, jeopardize the prosecution?s right to prosecute its case relating to the criminal investigation, and jeopardize the right of any suspect charged in this matter from receiving a fair trial. . 10. The release of the infonnation contained herein could also hinder the State?s ability to bring the reaponsible party to justice- Therefore, the undersigned respectfully requests that the Court issue an Order extending the existing order allowing for the redaction of Criminal Investigative Information from recordings of police radio traf?c that occurred during the police reaponse and initial stages of investigation in the death of Faith Danielle Hedgepeth and prohibiting any disclosure of the redacted contents with access limited to only the investigating of?cers of the Chapel Hill Police Department, The Durham County District Attorney?s Office and any future Defendant or future Defendant? Counsel in this matter. The undersigned also respectfully requests that the Order remain in effect for an additonal 90 days or further Order from the Court whichever occurs sooner. The Chapel Hill Police Department will retain the full recordings to be released upon further Order of the Com Respect?rlly submitted, this theyZ?h day of December, 2012. MATTHEW J. SULLIVAN Staff Legal Advisor 828 Martin Luther King Jr. Blvd. Chapel Hill, North Carolina 27514 Phone Number: (919) 968?2760 Facsimile Number: (919) 968?2846 State Bar No; 35596 STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE COUNTY OF ORANGE SUPERIOR COURT DIVISION THE MATTER OF: ORDER TIME ON ORDER ALLOWING REDACTION DEATH INVESTIGATION 9-7?20 12 OF CRIMINAL INVESTIGATIVE FAITH DANIELLE HEDGEPETH MORMATION PROM POLICE RADIO TRAFFIC CI-IPD OCA: 12-20848 THIS MATTER COMING ON TO BE HEARD AND BEING HEARD, eX?parte, before the undersigned and it appearing to the Court that Mat?aew I. Sullivan, Staff Legal Advisor for the Chapel Hill Police Department has presented a petition with a recording requesting an extension of time to an Order allowing for the redaction of criminal investigative information from police radio traffic in the Matter of the investigation of the death of Faith Danielle Hedgepeth pursuant to NC. Gen. Stat. the Court makes the following FINDINGS OF FACT: 1. The Court has jurisdiction in this matter 2. On September 7, 2012 at 1101 hours, Durham City 911 received a call on its emergency lines regarding an unresponsive person located at 5639 Old Durham Road apartment number 1502. 3. During the police response and initial investigation, communications of Officers and Orange County 91 1 dispatchers occurred over several channels on the police radio. 4. Several pieces of information contained in the radio traffic have the potential to compromise the ability of the Chapel Hill Police Department to conduct a thorough and complete investigation as details related to the crime scene and potential suspects are known only to police, Witnesses Of the crime scene and any potential perpetrator(s). 5. North Carolina General Statute provides that the contents of communications between or among employees of public law enforcement agencies that are broadcast over the public airways are public record. 6, North Carolina General Statute further provides that if a public law I enforcement agency believes that release Of information that is a public record under subdivisions through will jeopardize the right of the State to prosecute a defendant or the right of a defendant to receive a fm'r trial or will undermine an ongoing or future investigation it may seek an order from a court of competent jurisdiction tO prevent disclosure of the information. 7- In a Court Order dated 21 September 2012, The Honorable Carl FOX directed that: a) That the Chapel Hill Police Department may redact criminal investigative information from recordings of police radio traf?c that occurred during the police response and initial stages of investigation in the death of Faith Danielle Hedgepeth, and b) That any dis closure of such contents shall be limited to only the investigating of?cers of the Chapel Hill Police Department, The Durham County District Attorney?s Office and any ?lture Defendant in this matter or any future Defendant?s Counsel in this matter, and c) That the Chapel Ell Police Department retain unaltered recordings for release upon further order of the Court, and d) That this Order remain in effect for 90 days or until further Order from the Court whichever comes first. 8. The Chapel Hill Police Department continues to actively conduct the investigation related I to Ms. Hedgepeth?s death. There continues to be preponderance of evidence to show that the release of certain portions of the police radio traffic in this case would undermine the ongoing criminal investigation, jeopardize the prosecution? right to prosecute its case relating to the criminal investigation, and jeopardize the right of any suspect charged in this matter from receiving a fair trial. 10. The release of the information Contained herein could also hinder the State? ability to bring the responsible party to justice. IT IS THEREFORE ORDERED: 1. That the Court Order is sued by The Honorable Carl Fox remain in effect for an additional 90 days from today?s date or until further Order from the Court whichever comes first. This theztgEh day of December, 2012. Supefi?dr/Comt Judge ham 20. mm>m~OI .3 .46 039m. 00:: O. Emaom 0.3.3.9812 00:: 3553mm. 3: . ark.) 00:22 _2 OE USES Pumau E: 20 %0 m3. 0309 3302.2 m2. ?13.98: .0 83:01.6 ?3033 mama: 528:.? 0me .3ch co: (mon 3.3m Em..an ., Em czama?sma. man. Em. :68 .m 38.856 85m 8 3m. Em Eonm?. man. .830: ammo:ch .3 :6 mnu_.om..o: 0: 3m $005 N110. 855 mom mm>moz wgm? 2m;er 05me E: wozom Um?mn?dm? ?mam.? 23mm: :mam maq mQmemM. 0w 3. .53 mumownmami 03.8: a ?Emam mango? oEmemnmm Rama.? 3 am a. mtEamEmy cmEm 9% ?203. Em: Em 00:1 552mg .6 Em vmao? m8 ?30er :58 8 cm maEnan. Emomu 20 mcmOEWmU Wm?0.O?Nngn? um 9. 19? .3 5m 3:923 02m magma man. acmmi? 835mm . wimsm?wm m? .. Emnaqmwm Um? Omo me?0m0 9.3. a Kamaow 0054 Ltqum . Bane 3 magic: 6 Em maam? EoEama mcoO0-0mk_ 3. aim mo?m baamamqm?zm 030m 9? Em 025m Continuation of SEARCH WARRANT APPLICATION of Investigator Bryan Walker, Chapel Hill Police Department, Chapel Hill, North Carolina dated September 11th, 2012. Description of Evidence: Information associated with the Facebook pro?le identified by PID 538525704, and the URL (as of 9/8/12 at 1633 EDT) Information is requested for the past 90 days. Information requested consists of: - Basic Subscriber Information: 0 0 User Identification Number E-mail address Date and Time Stamp of account creation date Most recent Iogins Registered Mobile Number - Expanded Subscriber Content 0 00000000 0 Profile Contact Information Mini-Feed Status Update History Shares Notes Wall Postings Friend Listing, with Friends Facebook Groups Listing, with Facebook Group Future and Past Events Video Listing, with fiIename - User Photos - Private Messages "Judicial otiiciaii i fe?g? 23/2 Oil/ll 2? Date Date Page 1 Continuation of SEARCH WARRANT APPLICATION of Investigator Bryan Walker, Chapel Hill Police Department, Chapel Hill, North Carolina dated September 11 2012. Description of Crime: First Degree Murder NCGS 14-17 Place to be Searched: Information associated with the Facebook profile identified by PID 538525704, and the URL (as of 9/8/12 at 1633 EDT) information is requested for the past 90 days. This infomiation is maintained by Facebook Incorporated, said company having a physical address of 18 Hacker Way, Menlo Park, CA 94025. Probable Cause Affidavit: - I, the undersigned, Investigator Bryan Walker, hereinafter referred to as "Affiant," being duly sworn, say and depose as follows: Affiant has been a full-time sworn law enforcement of?cer with the Chapel Hill Police Department, Chapel Hill, North Carolina for over twenty years. Affiant is currently assigned to the Criminal Investigations Division. Affiant was a part-time reserve police officer for one year and became a full-time police officer in 1992. Affiant spent a year and a half as a reserve investigator with Durham County (NC) ABC Law Enforcement. Affiant is familiar with the personal and behavioral traits that are consistent with the commission of internet and computer crimes and investigations, Affiant has knowledge and training in regards to the use of computers, social networking sites, and cellular phones. Affiant investigates crimes including, but not limited to: Homicide, burglary, assault, frauds, computer related and high tech crimes, and participates in criminal investigations involving computer?related offenses, and in the execution of search warrants involving searches of residences, vehicles, as well as seizures of computers, computer equipment, software, and electronically stored information. In addition, af?ant Judicial Official ll )3 it 2/12 51% Page 2 Continuation of SEARCH WARRANT APPLICATION of Investigator Bryan Walker, Chapel Hill Police Department, Chapel Hill, North Carolina dated September 11 2012. has received technical training from State University, Microsoft Corporation, and Cisco Systems in the function and operation of computers and computer networks. Affiant holds the Microsoft Certified Professional? and the Paraben Corporation? Certified Cell Phone Examiner'professional certifications. Affiant has attended National Infrastructure Protection Center Training at the FBI Academy in Quantico, Virginia, and completed training at the Federal Law Enforcement Training Center in Georgia. Affiant is certified by the US Department of Homeland Security as a Seized Computer Evidence Recovery Specialist. Af?ant has received additional computer forensics and computer crime investigation training through the National White Collar Crime Center, InfraGard, Guidance Software, Inc. and Search, the National Consortium for Justice Information and Statistics. Affiant is a member of the Internet Crimes Against Children Task Force, and has attended training related to crimes against children online, including, but not limited to, possession and manufacture of Child Sexual Exploitation images. This training is augmented and updated by regular sessions of in?service training provided by the Chapel Hill Police Department and the Task Force. Affiant has attended training Basic Criminal Investigations Training as well as advanced training in Interview and Interrogation and Death Investigation. Affiant is a Criminal Justice Instructor, with specialties in Law Enforcement Driving and Hazardous Materials. In support of this Affidavit, the Af?ant shows unto the court the following facts: On September 7, 2012, Chapel Hill Police officers were dispatched to 5639 Old Chapel Hill Road, Durham NC 27707 in reference to a possible dead body located in apartment 1502. When officers arrived, they were greeted by the primary tenant, Karena Rosario (Rosario), who advised that she had seen the victim, Faith Hedgepeth, and that she was unresponsive. Rosario permitted officers to enter the apartment. Officers conducted an initial protective sweep and located Hedgepeth dead in a bedroom, on a bed face up. Ms. Hedgepeth?s body was hanging off the bed over a pool of blood with her black shirt pulled up over her head; she had no clothes on from the waist down. There was blood spatter on the closet and a bloody tampon was lying beside her on the bed. On the center of the bed, there was also a small white paper bag with the words: 27 Judicial Of?cia?? .. 'A?i'ani 11 $9742: 2m Date bate Page 3 Continuation of SEARCH WARRANT APPLICATION of Investigator Bryan Walker, Chapel Hill Police Department, Chapel Hill, North Carolina dated September 11th, 2012. NOT STUPID BITCH The statement was written directly on the bag, in what appears to be ink. Based on preliminary investigation it is believed that the victim may be acquainted with the person who killed her. The victim maintains a profile on Facebook and uses Facebook to communicate with friends. Based on Af?antls training and experience and the information contained herein, Affiant has probable cause to believe that the search and seizure of the evidence described - herein could reveal the cause of death of the deceased and that a review of the contents of her Facebook profile and messages may be useful in determining who is responsible for her death. Based upon the above stated facts and circumstances, the undersigned has probable cause to believe that the search and seizure of the aforementioned property is necessary for a full and complete and thorough investigation of one or more of the above stated criminal offenses and that evidence of at least one of the criminal offenses contained herein will be located in the aforementioned property. The undersigned further avers that it would be in the best interest of the administration of justice that all evidence be collected and preserved pending further action of the court. Judicial O?i?ial Judicial or??ciai Af?a?t ll rapt. 2m Ct/rr/kz Date E4027 Date Page 4 Continuation of SEARCH WARRANT APPLICATION of In vestigator Bryan Walker, Chapel Hill Police Department, Chapel Hill, North Carolina dated September 11th, 2012. REQUEST TO HAVE WARRANT SEALED In support of this request, the Affiant submits that there is a preponderance of evidence to show that the release of the information contained in the court order at this time would undermine the ongoing criminal investigation, jeopardize the prosecution?s right to prosecute its case relating to the criminal investigation, and jeopardize the right of the suspect to be charged in this matter from receiving a fair trial. In further support of this request, the Affiant shows unto the court that release of the information contained herein, could also hinder the state?s ability to bring the responsible parties to justice. Finally, there is evidence in this case that is yet to be-collected that is essential to the resolution of this matter and if the information contained in the warrant is made public, it could jeopardize both the criminal investigation and prosecution of this case. I, the undersigned judicial official, find that there is a preponderance of evidence to believe that the release of the information contained in this warrant would undermine the ongoing criminal investigation, jeepardize the prosecution?s right to prosecute its case andlor compromise the criminal investigation, and jeopardize the right of the suspect to be charged in this matter from receiving a fair trial. I therefore, ORDER that this warrant be sealed for sixty days, unless extended for good cause shown. Judicial Officiag 24W Judicial Of?ci?l . Mr, 2m 2 Date ate Page 5 20. 20?3.: .3 430 0030.0. 00:; 9. 05000 5000000 00:; 02.0.0: . 00:33. 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Continuation of SEARCH WARRANT APPLICATION of Investigator Johnnie Britt, Chapel Hill Police Dena/intent, Chapel Hill, North Carolina dated September 11, 2012. to sealch vehicle, white 1997 Honda Accord, NC registration YZW6967, VIN --. Description of Evidence: Any and all evidence that may relate to the suspicious dealh of Faith Hedgepetn on September 7, 2012, including, but not limited lo, the following items: Fingerprints, palm prints, footprints, weapons, and firearms Including pistols, revolvers, rifles, shotguns, hatchets, axes, cutting instruments, and cutting tools, blunt force instruments, bullets, cartridges, fired cartridges, casings and fragments, and ilerns containing traces of any of the above mentioned anicles. Moving pictures, video, still pictures to preserve the nature of the scene, documentary evidence indicating ownership, possession and control of the premises and any and all evidence that may relate to the crime in question, including, but not limiled to. cellular or communication devices, and associated digital, magnetic. solid-stale, or electronic storage media, saliva, physiological fluids, secretions, and hair samples, Description of Crime: Death Investigation Description of Vehicle Io be searched: A white in color 1997 Honda Accord bearing NC registration plateYZW-6967, vehicle identification number --, registered to -- The vehicle is in the custody of the Chapel Hill Police Department and will be searched in a controlled environment at a law enforcement facility. Probable Cause Affidavit: l, the undersigned. Johnnie Britt, hereinafter referred to as "Affiant," being duly sworn, say and depose as follows; Judicial citing 52 24/2 Date Date Page 1 Continualion of SEARCH WARRANT APPLICATION of investigator Johnnie Britt, Chapel Hill Police Department, Chapel Hill, North Carolina dated September 11, 2012, to search vehicle, white 1997 Honda Accord, NC registration VZW6957, VIN Attiant is a sworn law enforcement ofiicer in the State of North Carolina, currently employed by the Chapel Hill Police Department, Atfiant has been a sworn officer since January of 2003. Affiant is currently assigned to the investigations 'DIVismn and has been Since November of 2006. Attiant has investigated or assisted in investigating numerous felony cases including breaking and entering. fraud/financial crimes, various crimes against persons, and homicides. Before being assigned to Investigations, Afliant was assigned to the Patrol Divrsion where Afliant answered calls for service, served arrest warrants, enforced general and traffic laws. and responded to automobile collisions. As an officer with the Chapel Hill Police Department, Atfiant has attended a Police Law Institute class, Criminal Investigations, Crime Scene Investigations, Death Investigations, and, Interview and Interrogation. in addition to many other courses. Affiant also received a Bachelor of Science in Criminal Justice from East Carolina University Affiant is a North Carolina Police Corps Scholarship Recipient and attended Basic Law Enlorcement Training at The Justice Academy in Salemburg, NC, In support of this Affidavit, the Alfiant shows unto the court the following facts: On September 7, 2012, Chapel Police officers were dispatched to 5639 Old Chapel Hill Road, Durham NC 27707 in reference to a possible dead body located in apartment 1502. When officers arrived, they were greeted by the primary tenant, Karena Rosario (Rosario), who advised that she had seen the victim, Faith Hedgepeth, and that she was unresponsive. Rosario permitted officers to enter the apartment. Officers conducted an initial protective sweep and located Hedgepeth dead in a bedroom, on a bed face up. Ms, Hedgepeth's body was hanging otfthe bed over a pool of blood with her black shirt pulled up over her head; she had no clothes on from the waist down. There was blood spatter on the closet and a bloody tampon was lying beside her on the bed. On the center of the bed, there was also a small white paper bag with the words, NOT STUPID BITCH Judicial Offici Affiant ,1 ,n 7' 2m ML Date ate Page 2 Continuation of SEARCH WARRANT APPLICATION of Investigator Johnnie Britt, Chapel Hill Police Department, Chapel Hill, North Carolina dated September 11, 2012, to Search vehicle, white 1997 Honda Accord, NC registration YZW6967, --. The statement was written directly on the bag in what appears to be ink. Through the course of the investigation, the Chapel Hill Police Department has been Interviewing any person that has had recent Contact with Hedgepeth or Rosarto or knew where their apartment was located, Investigators have also been asking those persons to voluntarily have their cell phones imaged. On the morning of Saturday, September 8, 2012, Investigator L. Bostelman of the Chapel Hill Police Department interviewed Marisol Rangel. Rangel was a close friend (if Hedgepeth's and was at the apartment with Rosario when Hedgepeth's body was discovered. Among other things, Marisol told Bostelman that a male by the name of dated Rosario and had a physical relationship with her. but was currently 'ust a friend. Bostelman researched name and obtained his phone number, Investigator B. Walker imaged Hedgepeth's cell phone and printed text messages from her phone for the dates or September 5" and 2012, Affiant reviewed the printed text messages and discovered two that were sent from Hedgepeth's phone to the phone number. --. on the morning oi her death. The first message was sent at 3:40:56 AM and said, "Hey I, Can you come over here please. Karena needs you more ahat You know. Please let her know you care." The second text message sent from Hedgepeth's phone and said, "Than." Hedgepeth's phone received an incoming text this-- at 4:16:26 PM. which read, "Who is this?" Through Affiant's training and experience. Affiant has probable cause to believe that the text messages to phone number,_ from Hedgepeth's phone were intended for Judicial Ofiiciet Date Page 3 Continuation 0/ SEARCH WARRANT APPLICATION of Investigator John/ire Britt, Chapel Hi/l Police Department, Chapel Hill, North Carolina dated September 11, 2072, to Search vehicle, White 1997 Honda Accord, NC registration YZW6967, VIN Afiianl also looked at Rosaries phone records and discovered that she called at 344-28 AM (duration 33 seconds), 3.52 19 AM (duration 38 seconds), 355-08 AM (duration 37 seconds), and 4.14:45 AM [duration 36 seconds). Affiant also learned through phone records and interviews that Rosario left the residence about 4:30 AM with Affiant made contact With--Via phone on September 9' 2012 at 5:36 pm, Ailiant requested that--Dome to the Chapel Hill Police Department arid be interviewed about Hedgepeth's death Mgreed and arrived at the police department about 10 am on Septemberw, 2 . was interviewed about his relationship with Rosario and Hodgepelh. _told Arfianr that he was with Rosario and Hedgepeth on September 5, 2072 and actually spent the night on the couch in their apartment that evening According to -- he lett the residence around 11 am on September 6. 2012. had contact with Rosario arid Hedgepeth again on the evening of September 5, 2012 into the morning hours of September at Thriilr a night club in Chapel Hilly _alleges that he did not have any Contact with Hedgepeth after leaving Thrill that momingt Through Arfiant's training and experience Affiant believes that by processing vehicle. Afiiant/lrivestigators can determine whether there is trace evidence (Hedgepeth's blood that_ entered the vehicle arter the crime was committed Processing 'vehicle is necessary to corroborate his story of having no involvement in the death of Hedgepeth. Based upon the above stated facts and circumstances, the undersigned has probable cause to believe that the search and seizure of the aforementioned property is necessary for a full and complete and thorough investigation of one or more of the above stated criminal offenses and that evidence of at least one of the criminal offenses contained herein will be located in the aforementioned property. The undersigned further avers that it would be in the best interest of the administration of justice that all evidence be counted and preserved pending Judicial Oifici refit Ira/z I /2 Date ate Page 4 Continuation of SEARCH WARRANT APPLICATION of Investigator Johnnie Britt, Chapel Hill Police Department. Chapel Hill. North Carolina dated September 11, 2012, to Search vehicle, white 1997 Honda Accord, NC registration YZW6967. VIN --. further action of the court. REQUEST TO HAVE WARRANT SEALED In support of this request. the Afliant submits that there is a preponderance of evidence to Show that due to the sensitive nature of this case. the release of the information contained in the court order at this time would undermine the ongoing criminal investigation. jeopardize the prosecution's right to prosecute its case relating to the criminal investigation. and jeopardize the right of the suspect to be charged in this matter from receiving a lair trial, in further support of this request, the Atfiant shows unto the court that release ofthe information contained herein. could also hinder the state's ability to bring the responsible parties to justice Finally, there is evidence in this case that is yet to be Collected that is essential to the resolution otthis matter and it the information Contained in the warrant IS made public. it oouldieopardize both the criminal investigation and prosecution of this case. Judicial Oflicia Alliant /i figure Ell/1111. ate ote Page 5 Continuation of SEARCH WARRANT APPLICATION of Investigator Johnnie Brill, Chapel Police Dena/imam, Chapel Hill, North Carolina dated September 11' 2012, to search vehicle white 1997 Honda Accord, NC registration YZW6967, MN I, the undersigned judicial official, find ihal there i3 a preponderance of evidence to believe that the release of the information contained in this warrant would undermine the ongoing criminal investigation, jeopardize the prosecution's right to prosecute its case andlor compromise the criminal investigation, and jeopardize the right of the suspecl to be charged in this matter from receiving a fair trial. therefore, ORDER that this warrant be sealed pending further order of the court. yyf. 20/2 JUdIClalOffiglal //rlfegf( 2:4; ale ale Page 6 [er STATE OF NORTH CAROLINA In The Geneva! Court Of Justice Coumy Dismct 5 Superior Court Division IN THE MATTER OF: I mm: Mr: HmAa Mm) INVENTORY OF ITEMS SEIZED Litmy, 'nw PURSUANTTO SEARCH 551wf 7257 1. the officfl, executed a search at Name mm Wm ANA (4m Mum's 2 VIN i ,i Search was made pursuant g4. a search warrant issued by' 1mmconsent to search given by' 3 olher legai jusfification for the Search The (onowing \{ems were seized: hum Aviuu gm hafiam 01' dew Hum dhup: Sm; sm+ 4.00 (L) 0* my Amen-20a Rev any"! 7 m. my W. Pap-W 5m: 1: mm mum ltems Seized Continued: I left a copy of this inventory with the person named below, who is: a. the owner of the premises searched. b. the owner of the vehicle searched. c. the person in apparent control of the premises searched. d. the person in apparent control of the vehicle searched. e. the person from whom the items were taken. El 2. As no person was present, I left a copy of this inventory: a. in the premises searched, identi?ed on the reverse. b. in the vehicle searched, identified on the reverse. Name And Address Of Person To Whom A Copy Of This Inventory Was Delivered, lfAny swonN AND SUBSCRIBED To BEFORE ME 1 . Date . Tit Of wEnforcementOer . r- - $5 I A dAdd Ofkg?egv I rgna ure \t ame TESS kt 1 a. 3 9&1 ism 43dth 939 - I 6? Weputy cso, 328 My? r? Clerk OfSupe?or-Coud Magistrate Orwk?tx 3-5? I I ACKNOWLEDGMENT OF l, the undersigned, resented a copy of this inventory. Date Signature of Person Receiving Inventory Side Two, Rev. 5198 1998 Administrative Of?ce of the Courts 20.. . - 71-1-1 Eli- .2 2544mm mam?owo? UmmE om HummE Enema. 5.3m Enzma .833on as 3; 263m Ho: mmm?mumi Omo Ewo?aum Quinn? gzodm own gum <moz <<>mm>24 boa mEEm Orm?i E: woman Umnmn?w? Emma, swam man. mqqamm 91 55 mzmoamamaq 03.09.. Sam. man mania: ummsm ac? 2,53. ancm? 3m? 3m 00:: $25 Emzma .8 $20: :6 Emacs. Emom. 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Description of Evidence to be Seized: Lenovo Laptop Computer, Serial Number: R8-6R08P belonging to Faith Danielle Hedgepeth. As the search of digital, magnetic, solid?state, or electronic storage media is a time-consuming and meticulous task, it was not feasible to search the contents of seized media at the crime scene. Therefore, the aforementioned media and associated equipment was seized pursuant to a previous warrant and will be searched as soon as reasonably possible, within a controlled environment at a law-enforcement facility. Any digital, magnetic, solid-state, or electronic media seized, including but not limited to media located within seized digital devices or computers will be searched to View the contents of such media, to include files, data, records, images, or other information stored on such media in any format.? Description of Crime: First Degree Murder, NCGS 14-17. Description of Premises to be Searched: Devices above are already in the possession of the Chapel Hill Police Department and are to be searched within a controlled environment at a law-enforcement facility. Probable Cause Affidavit: l, .the undersigned, Investigator Bryan Walker, hereinafter referred to as ?Affiant,? being duly sworn, say and depose as follows: Affiant has been a full-time sworn law enforcement officer with the Chapel Hill Police Department, Chapel Hill, North Carolina since 1992. Affiant is currently assigned to the Criminal Investigations Division. Affiant was a part-time reserve police officer for one year and became a full-time police officer in 1992. Affiant spent a year and a half as a reserve investigator with Durham County (NC) ABC Law Enforcement. Affiant is familiar with the personal and behavioral traits that are consistent with the commission of internet and computer crimes and investigations. Affiant has knowledge and training in regards to the use of computers, social networking sites, and cellular phones. Affiant investigates crimes including, but not limited to: Homicide, burglary, assault, frauds, computer related and high tech crimes, and p'pates in criminal 1 Ju ?ciayOfficial 24! 20/ Date Page 1 Continuation of SEARCH WARRANT APPLICATION of Investigator Bryan Walker, Chapel Hill Police Department, Chapel Hill, North Carolina dated October 24th, 2012 to search the Lenovo Laptop Computer belonging to Faith Danielle Hedgepeth. ii 29/2. investigations involving computer?related offenses, and in the execution of search warrants involving searches of residences, vehicles, as well as seizures of computers, computer equipment, software, and electronically stored information. In addition, affiant has received technical training from NC. State University, Microsoft Corporation, and Cisco Systems in the function and operation of computers and computer networks. Affiant holds the Microsoft Certified Professional? and the Paraben Corporation? Certified Cell Phone Examiner professional certifications. Affiant has attended National Infrastructure Protection Center Training at the FBI Academy in Quantico, Virginia, and completed training at the Federal Law Enforcement Training Center in Georgia. Affiant is certified by the US Department of Homeland Security as a Seized Computer Evidence Recovery Specialist; Affiant has received additional computer forensics and computer crime investigation training through the National White Collar Crime Center, InfraGard, Guidance Software, Inc. and Search, the National Consortium for Justice Information and Statistics. Af?ant is a member of the Internet Crimes Against Children Task Force, and has attended training related to crimes against children online, including, but not limited to, possession and manufacture of Child Sexual Exploitation images. This training is augmented and updated by regular sessions of in-service training provided by the Chapel Hill Police Department and the ICAC Task Force. Affiant has attended training Basic Criminal Investigations Training as well as advanced training in Interview and Interrogation and Death Investigation. Affiant is a Criminal Justice Instructor, with specialties in Law Enforcement Driving and Hazardous Materials. In support of this Af?davit, the Affiant shows unto the court the following facts: On September 7, 2012, Chapel Hill Police officers were dispatched to 5639 Old Chapel Hill Road, Durham NC 27707 in reference to a possible dead body located in apartment 1502. When officers arrived, they were greeted by the primary tenant, Karena Rosario (Rosario), who advised that she had seen the victim, Faith Hedgepeth, and that she was unresponsive. Rosario permitted officers to enter the apartment. Officers conducted an initial protective sweep and located Hedgepeth dead in a bedroom, on a bed face up. Ms. Hedgepeth?s body was hanging off the bed over a pool of blood with her black shirt pulled up over her head; she had no clothes on fro -a waist down. a" I ?bbl am; PageZ Continuation of SEARCH WARRANT APPLICATION of Investigator Bryan Walker, Chapel Hill Police Department, Chapel Hill, North Carolina dated October 24th, 2012 to search the Lenovo Laptop Computer belonging to Faith Danielle Hedgepeth. There was blood spatter on the closet and a bloody tampon was lying beside her on the bed. On the center of the bed, there was also a small white paper bag with the words: The statement was written directly on the bag, in what appears to be ink. Based on preliminary investigation it is believed that the victim may be acquainted with the person who killed her. Investigators from the Chapel Hill Police Department obtained a search warrant for the residence. Pursuant to this search warrant, Investigators gathered evidence at the scene, including, but not limited to, the victim?s laptOp computer. Laptop computers store immense amounts of information including, but not limited to, times, dates, photographs, and records of communications. information stored on this computer could be useful as evidence in the investigation of Ms. Hedgepeth?s death. Based on Affiant?s training and experience and the information contained herein, Affiant has probable cause to believe that the search and seizure of the evidence described herein could reveal the cause of death of the deceased and that a review of the contents of her laptop computer may be useful in determining who is responsible for her death. Page 3 Continuation of SEARCH WARRANT APPLICATION of Investigator Bryan Walker, Chapel Hill Police Department, Chapel Hill, North Carolina dated October 24th, 2012 to search the Lenovo Laptop Computer belonging to Faith Danielle Hedgepeth. Based upon the above stated facts and circumstances, the undersigned has probable cause to believe that the search and seizure of the aforementioned property is necessary for a full and complete and thorough investigation into the death of the deceased and that evidence related to the death investigation will be located in the aforementioned property. The undersigned further avers that it would be in the best interest of the administration of justice that all evidence be collected and preserved pending further action of the court. AK Judicial Of?cial 6" cial fiic? /o 29: zo/a Date 5 Dale 7 Page 4 i Continuation of SEARCH WARRANT APPLICATION of Investigator Bryan Walker, Chapel Hill Police Department, Chapel Hill, North Carolina dated October 24th, 2012 to search the Lenovo Laptop Computer belonging to Faith Danielle Hedgepeth. REQUEST TO HAVE WARRANT SEALED In support of this request, the Affiant submits that there is a preponderance of evidence to show that the release of the information contained in the court order at this time would undermine the ongoing criminal investigation, jeopardize the prosecution?s right to prosecute its case relating to the criminal. investigation, and jeopardize the right'of the suspect to be charged in this matter from receiving a fair trial. In further support of this request, the Affiant shows unto the court that release of the information contained herein, could also hinder the state?s ability to bring the responsible parties to justice. Finally, there is evidence in this case that is yet to be collected that is essential to the resolution of this matter and if the information contained in the warrant is made public, it could jeopardize both the criminal investigation and prosecution of this case. - l, the undersigned judicial official, find that there is a preponderance of evidence to believe that the release of the information contained in this warrant would undermine the ongoing criminal investigation, jeopardize the'prosecution?s right to prosecute its case andlor compromise the criminal investigation, and jebpardize the right of the suspect to be charged in this matter from receiving a fair trial. I therefore, ORDER that - this warrant be sealed forsixty days, unless extended for good cause shown. Judicial 0 Icial Page 5 Em 01 ZOWHI . 0m:m$_ 00:: .0328 00:35 00:: Gimme: 035% mm>moz _z 2.54m? 01 4.0 030m: E2: 9:301? msa Ezmaozoa .8 83:0.? Em 91:5 Mmma: WEE. madam: Roo?ng/Hammad Em 53:06:90. 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Bmam magic: 8 3m 9453: 3253 muo<9 Em mugamao: mm. $30an 3 9203 $3303. 95: 3 4.2m 333.61% :mm Umm: 33mm? mnnaonumum nee 59.63 8 51:8 .58 Enoamq m3 3m> jag) va-- 2' Misc. C(e--Hxij Macy 51w) Hand T-MHL. germfi FM 7' MW) (own) 03, Rev 558 'Dfigmahfie Olfice alme Gowns ltems Seized Continued: left a copy of this inventory with the person named below, who is: a. the owner of the premises searched. El b. the owner of the vehicle searched. [21/ c. the person in apparent control of the premises searched. d. the person in apparent control of the vehicle searched. e. the person from whom the items were taken. I: 2. As no person was present, I left a copy of this inventory: [1 a. in the premises searched, identified on the reverse. El b. in the vehicle searched, identified on the reverse. Name And Address Of Person To Whom A Copy Of This Inventory Was Delivered, If Any {lam/?7 gm Li The law enforcement agenCy identi?ed below will hold the seized property subject to court order. Signature Of La ement Of?cer SWORN AND SUBSCRIBED T0 BEFORE ME A Date . - Title Of Law Enforcement Of?cer when; Signature 2.x; 7' -aM_ A Name And Address rf?genc 5 (HM (-1: Weputy Assistant Ci? W51 Clark ors El Ma istrate c375? ?f ACKNOWLEDGMENT OF RECEIPT l, the undersigned, received a copy of this inventory. Date Signature of Person Receiving Inventory Slde Two, Rev. 5/98 63 1998 Administrative Of?ce of the Courts STATE OF NORTH CAROLINA tr, "a DURHAM County in The General Cuun or Jusiice l] Superior CDun Divisron In Re: The Nnmesl'monial Idenlirlcminn urder or Name AnWDestlz/r -- APPLICATION FOR NONTESTIMDNIAL m" IDENTIFICATION ORDER -- (ADULT SUSPECT) Ciry, rare. i: DURHAM, NC 27713 5. Chapter 15A. An 14 Olfense The undersigned prosecuror applies tor a nolrtestimamal rdeniiricaiidn order directing me person named or described above [0 appear as raliows ror irie requesred idenrrficarion procedures: Date mm mm," 03/18/1013 10:00 am PM CHAPEL HILL POLICE DEPARTMENT (9r 91) 9634760 mu ration Frazede BUCCAL FOR DNA 823 MARTIN LUTHER KING, m. BLVD, CHAPEL HILL. NC A1TN: SGT. RODNEY MATTHEWS There is probable cause to believe (her an offense punishable as a felony or a class A'l or Class 1 misdemeanor has been committed and reasonable grounds suspeci mat the person named or described above committed rhe offense The results or rhe requested nonresrlmonlal identification procedures Will he of material aid in derermining whether person committed the offense The (ads establishing the matters stated in me preceding paragraph are set form in me arndavn on the reverse. mature DfProeecum/ ruin/2013 a" El Modification or Severity>>[wo (72) Hour Rule The undersigned prosecutor. being rrisi duly sworn requests rhai me (72) hour rule be rnddiried roi rhe renewing reason: a dela will adversel affect me prebanve value oflhe evrdence sought it appears likely mar me person named or described above may appear for me Identification procedure "Tana Suppoflmg Basal cm MA'bal/e Wuhan momrrwe r72; Nev/Rule NOTE: must be sworn dniy ir name seeks a swan" AND SUBSCRIBED ME modrrmarion mine 172) Dare one I 03/13/2013 Rev. 6/9 oranurniu 0" 999 Office of the Courts lOi/Ei! l' AFFIDAVIT FOR IDENTIFICATION PROCEDURE I, me undersIgned arm-me bemg first duly sworn, say that: 'l I have probable cause to belleve that an oIrense punishame as a reIony or mass AI or class 1 mIsdemeanur was commuted orrmsa crammed orrensem DURHAM 09/07/2012 VICTIM HEDGEPETH WAS FOUND INSIDE HER APPARTMENT DECEASED. IT APPEARS SHE HAD BEEN DEATEN ABOUT THE HEAD AND FACE AND DIED As A RESULT OF WHAT OCCURRED INSIDE THE APPARTMENT DY AN UNKNOWN PARTY OE PARTIES 2. I have reasonable grounds to suspect (hat the person named or described on the reverse Cornwle the offense rm may. Reasonable Emma: As IDENTIFIED As WALKING OUT or own THRILL WITH EAITH HEDGEPETH SHORTLY BEFORE THE HOMICIDE OCCURRED. HE WAS THE LAST MALE T0 DE SEEN WITH HER BEFORE IIER DEATH HE ADMITTED To TALKING To HER (IN THE NIGHT or THE HOMICIDE AND To MEETING HER THE WEEKEND BEFOREI-- REFUSED TO own: DNA STATING THAT HE MAY HAVE TOUCHED HER THE NIGHT or THE STATEMENTS TO LAW ENFORCEMENT OFFICERS WERE MONSISENT WITH STATEMENTS GIVEN BY OTHERS. SEE ATT. RPT. RODNEX MATTHEWS 3. The results of the nomesurnomaI IdenlIfICatIDn procedures requested an the reverse win he of many am In whether the person named or described on the reverse committed the offense. Reasons mee Turmerer UNKNOWN DNA WAS ED AT THE SCENE OF THE HOMICIDE OF FAITH HEDGEPETIL TIIE BUCCAL SWAB FROM FOR DNA COMPARISON 15 0F MATERIAL AID IN DETERMINE IF - MAY HAVE COMMITTED THE OFFENSE. swam AND SUBSCRIBED To BEFORE ME 3-13-11 W, Name orAmm [War Fmr' SGTV RODNEY El 06"" CM CHAPEL HILL POLICE DEPARTMENT "959 Admmisuallve Office of [h um: STATE OF NORTH CAROLINA In The General Court Of Juslioe wk El District IZISupuiorCourt Division In :Th. Nuntesllmonfal Of -- IDENTIFICATION ORDER Weds sustc'n -- 6.3,Cmplu15A1 An :4 lay, my bl: meme DURHAM. NC 27713 To The Sus pact Namsd 0r Described Above: Ydu are ORDERED to eppearal, mn- fime mam Darts-2013 "1:00 AM El PM CHAPEL HILL POLICE DEPARTMENT The undersigned finds that there is prubabl: cause to believe mantle aliense named above. which ls punishable as a lelany or Class A1 or Class 1 mlsdemeanur. he: been committed, There are reasonable graunds ta suspect that you [he onenee and tnat me resutts cltne precedures urdered here be or material aid l" deterrninlng wnemer you commian the Menu. The grounds to betreve that an unenee has been committed. to suspedlhat ynu and no befieve mums Order will tre <>up is ordered. You are entitled to be represented by an attorney at lne procedure. and tr you cannot afford to ralaln an mmey. the male appolrlt one ll yuu so desire IF YOU FAIL TOAPPEAR As THIS ORDER You MAY BE HELD IN CONTEMPT OF COURT, lnlurmalion was lumist under oath by the pemonls) named below Nam- Olmmr Dale CHARLKNE comms-mANKs I 53-1372 13/: nan. or cameraman so: RODNEY MATTHEW armor)me em mm on We momentamme 1 9w Admrmuntlud (Mm arm Conn: I INSTRUCTION gamma OFFICER 1' This Order must be served personally at least (72) hours before the nonmsumoniar Idemncation Procedure. 2, I find, for ma reasons smted by Ina pmsecmur in ms appfication futhe nonlesn'monlal order, Ihsnhe urdsr dues not have In be served at least seventy-Me (72) hours before the pmwedure. Therefore. he urder mus1 be sewed within me "me inmcatsd below. Tm /n warm ant-erth 5mm>>; mum" mm 549mm mam Midge RETURN 0F SERVICE Icanify tthhis Orderwas received and served as folIows: Hausa/v91 Immormu Elm PM . 'Wlsuvld delivering to fhe named suspecI parsunany a copy of the order, uspec't WAS NOT served Iuthe following reason: -- Pj'tflg J1 h? A fl lemfl r'n-Erfiew 50 beL awlz/ wet my)" yrs/203 $3??an [m x4477 MODIFICATION ORDER I The runs and mace ohhs suspects appearaan Is changed a: fullaws: Batu 9mm El pm. cam Judy: a sup." mom--ms. Two. New also i a 1m MmIIlsImvs once Mme com: Recently, lt. Smith and I have been reviewingthe video Footage hum The Thrill. The iantage shows Faith Hedgepeth leaving the at closing time with an unidentified maie.The fuctage also shuws the same unidentified male entering the club earlier In the evening with three other men, all of whom seem to be together as a group. Lastly, the footage at the end orthe video shows a lonner employee, Chris White. talking to one ofthe four men in the group. I spoke tu White earlier in the investigation after finding out that he was a roommate or Loflus was a era-worker of Faith Hedgepeth at the Red Robin. 3/6/2013 I called Whit! t0 set an appointment to view Video from the Thtill. We met later in the afternoon and Lt. Smith showed him different segments ofthe Video. One segment showed four men entering the club together. The one who entersthe club first appears to be the sanre man who exits the club with Faith Hedepeth. The rounh man also appears near the end ofthe video footage talking to Chris White. WE asked White ifhe knew the four men, and he Said he didn't think 50. WE showed him (NE ((10ng of him talking to one orthe men, which was a hetterangle, and he said he thought the man he was talking to_ white also identified another man that he knows, He also identified one or the men in the group as a guy he played basketball with who attend nc Central law school, but doesn't know his name. White provided contact numbers for_ and- White left. Later, I received a callfrom White who said after talking to his friend,_: they believe the man that White wastalkingtu was a guy named who isaiso a law student at NC Central. This was interesting since one ofthe men White pointed out ohthe video wasanother law student, Our conversation ended and lwent to Facehuck where I found_ page. I searched page and found that he isrriends with-- leaked at photos on both of their pages and round a guyin the photos named hat resembles the man walking out ofThriIl with Faith. He too is friends with both -and_ tthis point 3 orthe tour been may be identified. 3/3/2013 I called the number listed for--and received his voicemaii I left a message for him to call me. Later, -called me back and we scheduled a meeting at the police department at 13:00.- arrived and we showed him the footage from Thrill. - believes that the gw who Is seen talking to Chris White also identified another man who plays soccer at unc, -- I completed a questionnaire with -and he also submitted a sample Li. Smith and were on are wayto the Wakecauntyiailto talkto a farmer Red Robin employee,- - when we discovered that he was released from jail yesterday. we were near the airport at the time and decided to go backtc the PD. lthen decided to pullover and call lralled - and received mail. I left a message forhim to call me. Moments later, i repeived a phone call and It was- -, told Wright that was investigating the death of Faith Hedgepeth and asked if he knew her. - stated that he didn't really know her, but remembers seeing her atThe Thrill that night. I asked him who was with him that night, and he stated_, and another guywho hedldn't know by name, but explained that he used to room with-- and lasked-where he was and who he was with that night priorto going to The that he attended a function, and then wentto the apartment that-- and share. I asked him who ms atthe apartment, and he said_._, --, and the unhnuwn former roommate. - said when they left the apartment,_ rode with him, and the other three men rode together in a separate car. i asked - Ifthev made any stops along the way, and he said no.- said theyarriyed at The Thrill and went Inside where he eventually saw Faith-furthersmed that he lertthe club that night afier it closed and dmve bask home to Raleigh, Mt: alone. -said and the unknown roommate drove hackto Durham together. ltold-that was currently in the Durham area and asked ifhe would be willing to meet with me and reviewsome afthe footage from The Thrill-aid that he had an appointment at 17110, but would be willing to meet with me Monday, March 11, 2013. I told himthat I would give him a call Monday morning and setup a time to meet. Before our conversation ended, I asked ifhe had a contact numberfor_ - said that-muld he reached Our conversation ended. I called the number listed for_ and received his volcemailt I left a message forliim to call me. Moments later. he called back. ltold-that was investigatingthe death oiraith hedgepeth and asked ifhe knew her. He said he met her that night at The Trill and they talked some. I told him thatl was in the Durham area and was wondering if he would meet with me to View some footage from The agreed to meet with me and asked me where Iwanted to meet. lasked where he lived and he said near and Hwy 54. I asked if he would meet me at the Bojangles near SSand 54 which he agreed. our conversation ended and Lt. Smith and {drove to Bojangles. shortly afterwe arrived,_ pulled up in a plank BMW. He parked his carand got into the front seat ofmy car. Aftersome hrlefintroductions I told him again that was investigating the death UfFaith Hedgepeth and pulled out a photo or hershowing it to him-took a quick glance at the photo and then looked away I asked him ifthat was the girl he talked Iiothat night, and he said yes. I remember thinking to myself how odd -seernel:l to react when he saw the pinata of Faith, almost like he was ashamed. I put the photo awayand asked him to tell me where he was at and who he waswith prlarto going to The Thrill-said that he was at his apartment which he shares with-- and that-and their former roommate and mean, -- was there-stated that he, and- -left the apartment together at approximately 23:30~23:45 for The Thrill, and that_ was driving his car. asked-ir--was with them when they left for The Thrill, and he shated that they lari intri- at the club and that they met him there. This statement was suspicious to me, as remembe_specihcally telling me that he was at the apartment with the other men prior to them leaving ior the club, and that--rode with him to the club while the other men rode together in a separate car. lasked-lfthey stopped anywhere on the way to The Thrill, and he said no. .said they arrived at the club where they stayed until closing and then left. he said he remembers talking to Faith inside The Thrill, and also outside of the club when they closed-said that he had recently met Faith previous weekend, and then saw her again on the night in question. asked -ii he remembered walking out nfThe with Faith that night at closing, and he said he wasn't sure, but may have.- said that and-- Ieftthe club about minutes afierwalking outside and then drove back to his apartmen -sald they may have made one stop at restaurant on the way home. asket-where they parked that night, and he said they parked in the parking deck across from The Thrill. tasked him if he could describe the route they took and he said they made a right turn out ofthe deck, turned right on the next street that leads to East End [Henderson St.) and then turned left on Franklin St. and tooltit to 15501 to Durham. - We showed- the Footage oflhe four men entering The Thrill, and he himse -- iiorrner roommate that spoke of), and another man that he couldn't identity. I asked him tithe last man in with him was_, and he said he didn't think so because- is usually clean shaven. Next, explelned to. that I had a list ofquestians that I wanted to ask him and asked if he would be willing to go through the questionnaire to which he agreed. I completed the questionnaire and- answered all oithe questions. Then, I asked-ii he would he willingm submit a sample of his DNA to he replied don'tfeel comfortable doing that because touched her that night." I told .that was fine if he did not want to submit and then asked if he would be willing to meet me atthe police department next week to view more footage item The Thrill, as we did not have the faulagz otthe person believedto be him coming out ofthe clubwith Faith. -agreed to meet with me again, sol gave him my card andtold him lwould call him Monday, March 1.1, 2013. lasked-tor his address and he stated that he currently lives at Durham, NC 27707. .alsn mentioned that --was his former roommate when all afthis happened. Out conversation ended and - left in his car. Note: I was concerned after my conversation with. tor a iew reasons, He had a strange reaction to Faith's photo, either he or_ lied about who rode with who to The Thrill, and he refused to submit a sample or DNA statingthat he touched herthat night. it should also he noted that-- was contacted by investigators earlier in this investigation and healso refused to meet with investigators or provide a sample of his DNA, but eventualiy did. -- was also contacted earlier in the investigation and submitted a sample of his DNA to investigator Chambers, but then told him after he collected the samples that he him to have his DNA. 3/11/2013 This afternoon I called the numberlisted for- and received his voicemail, lefta message asking that he call me at either my office number or cell numbers Icalled the number listed tor--and received his voicemall, I left a message for him to call me. Moments later I received a call lrorn_. I asked- if he would be to meet with men) view the iootage from The Thrill, and he said he would. - said thathe would meet me at the pollce department at 14:30. _arrived nn time and we wentto my uificetd talk. asked him to tell me again where he was at and who he was with priortb Thrill on the night in question-said that he was at a law school function at Champs restaurant and recalls watch portions ofthe Democratic National convention-said he left there and went to--and_ apartment where they watched President Obamas speech-said -- and the unknown former roommate of and Bell were at the apartment. Wright said that they all left the apartment for The Thrill at approximately 23:30. and that he and rode together to The Thfills I specifically asked-It It was just and. and he said yes.-- believes thatthe unknown roommate drove hiscar and that _and-- rode with him- described the man'scarasheing white in color. I asked -Nhere they parked when they arrived at The Thrill, and he described Town parking lot 2 whim is at the corner of E. Rosemary st. and N. Columbia St. I asked where the other men parked, and he said the same parking Io - said that five ufthem total entered The Thrill at approximately 2145-00: I asked him he met Faith I-ledgeneth that night and he said he never met her, but remembers--pointing herout and talking about how goud she looked I asked him <1 uury sworn, requeer that the Seventy-(WU (121 hour rule be mnnifisd far In followmg reason, El a. delay adverSer affect me probative value of the evidence sought I El h. I: a ears Ilkel that me elson named or dawned above may nara pear for rne nonresumonrar raenufice PF 3! procedure rm WW cam/vme arm-imam more: PIer musrbe 5mm an! Ira/ma mg 21 I swam AND SUBSCRIBED To BEFORE ME Wham or, wean gamuls I m: 13.19 11/23/2011 My. 5mm arm." AOC-CR-ZOA, Ram 5/99 mm "999 office or me nouns Ionrr fl, 1 AFFIDAVIT FOR NOMESTIMONIAL IDENTIFICATION mocmuas I I ma amam, hemg first duly sworn. say than: II 1 I hm/e probable cause In behave that an foEnse pumshable as a fanny or Class A1 Dr 01655 I misdemeanor was committed. I mm mm": s: I DURHAM rm, Mia Emu: mm: a I VICTIM FAITH WAS FOUND INSIDE HER APPARTMENT DECEASED. IT APPEARS HAD rm BEATEN ABOUT THE HEAD AND FACE AND DIED As ARESULT OF WHAT OCCURRED INSIDE THE APPARTMENT KY AN UNKNOWN PARTY ox PARTIESTEXTS WITH FAITH more To THE IIOMICIDE. THE INVESTIGATIDN mucus ASKED TO MEIT WITH-- THOSE Tum I HIS ASSOCIATION WITH FAITH AND AN APPOINTMENT WAS SET UP To MEET ME MR.-- WAS NOT HOME WHEN OFFICERS ARRIVED. MR. --ARRIW.D IN THE PARKING AREA OF HIS HOME AND WON omrms EN ms CARAND LEFT TEE mxmg; IQ AVOID THE OFFICERS Arr RPT FROM IN I The resqu of the nonmstimonial Idea flcaIicn procedures requeser on we reverse win he of mazerInI Did In aeIerminrng wnemer the person named or desalbed on the reverse committed the offense. Mm my Wang Er: UNKNOWN DNA WAS RECOVERED AT TEE SCENE or THE HOMICIDE OF FAITH THE DvccAr. FROM DNA com'AnIsoN 15 OF MATERIAL IN MAY HAVE COMMITTED THE OFFENSE. rm swam AND To BEFORE ME swam but {Mr} p/elevm serum 2 3 Nerve 3 mm a; mm 0 INVI NATHAN CHAMBERS 2/ mm a mum I kwv'wuww INVESTIGATDR, CHAPEL HILL POLICE DEPARTME sme Two, Rev 5/39 >, w; - emu or magnuu'nmve "you fire ORDERED (0 appear gm; two mm Em Th}; 51m Lha're cause mm "(at A'l' cum misuemmher. has been com fined awn iltbunflhabls as a mam-are reamnable grounds u; 515me Minn mmim the mm 7511th me prom/Jules cram-a fiali X1191 material aid in dalsmfinfn fiakhgr OMQQ yuan cammklad, (Mu spacnbacybu to fited h, and u: bbfleva hm my mm! 3941:>> confirmth or mpicion, we stated up we 'eiflacmd appgminn Ind'amuminr wr praseqcem requlrgd Var magmas: oi perman nonmnimnlseidanflfieafion procedures in arfler tum In me law "(an o'fmaofiense named above "line mmom Ma ummamazme mum yo ouqqm Mnofimmn' mum}: era: as Bflaws: rye->, almut as long as he had nothing to do with Faith's'death - eventually deemed in wait on a magnate his am He also said that lie would be in touch with me in a few days-and would let me know what he decided i told- that was fine, and then gave him'lmy business card with my contact inimrmaiinn. Lti Smith and left- residence and drove back to the malice department. Several days wenth and never heard Heft him several voicemails and Slant him a few enmails asking to contact me. never receive a response>> On 4/5/2013, Lt. Smith and Grave back to _residence to try and talk with him. but one of his mommates said that he wasn't available, We drove back to the pollce department where I later received an email from- stating that that he did um want to submit a sample of his DNA. 57mm ornng guzch - mm ijerar cm OfJustice - Du'swcx figupenorommnivzsim A (amususx'xscn GREENSBUROH 1: mm 'Homcmn/vanw . The unamfigm 'prusaculor appliee fur a diman ma 9mm named or described above > stopped just pass thestofi sign. I pulled my vehicle behind Offieer Fleming and waited until made his approach t'oythe Vehicle~ then got out and approached Officer Fleming's patml vehicle from the, right side. I Stood by while Officer Fleming talked to the driver. Officer Fleming asked the driver to step out ofthe vehicle and the driver walked back to me. I recognized the driver to be-- I asked Mr._if he saw me standing outside in the parking lot of his apartment complex and he stated that he did and that's why he kept going. Mr._stated that he did not want to talk to me and that he had nothing to say i asked Mr.- why he hadn't returned any of my calls and he stated that he did not want to talk. I stated to Mr. - that he was not in any trouble and i wanted to know how he knew Faith Hedgepeth and he stated know of her". I asked Mr; - why he just didn't call and cancel it he did not want to talk and he stated that he was sorry was wasting my time and the he does not talk to the police like that. i asked Mr. a last time if was going to sit dawn and talk to me and he stated no and I stated okay. Officer Fleming gave Mr. - a verbal warning to get his tags corrected and Mr._left the traffic stop. Nathan L. Chambers Chapel Hill Police Department mm. STATE OF NORTH CAROLINA a -, - In The GeneralCourt OfJusflce Coumy - I DDiszfid{ msunmchourtDivislon In Ru; me Nantesumonlil me '4 . IDENTIFICATION ORDER (ADULTSUSFEGT) -- sighiwmlm 5 N. 1W Olin-e To-Th. ampm Named 0: Inscribed Above: Ydu appearar Wm! 120342012 00 AM DPM The undersigned nnusmsmerers probabla cause u: bufieve malmevfiense narfied suave. 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