Richmond Hill jurors hear phone calls between Mark Leonard and ‘hitman’

SOUTH BEND, Ind. (WISH) – Jurors have now heard the phone calls between Mark Leonard and a special agent posing as a hitman.

They’ve also now heard the details of a conspiracy charge Leonard is facing. Prosecutors say he tried to hire a hitman to kill a key witness in the Richmond Hill explosion case against him.

Mark Leonard faces, in all, 53 counts in the 2012 explosion case. He was charged in connection to the blast, along with his former girlfriend Monserrate Shirley, his half-brother Bob Leonard, Gary Thompson and Glenn Hults.JAILHOUSE INFORMANT

Jurors heard Thursday from Robert Smith, who was in jail at the same time as Mark Leonard.

Smith is the alleged jail informant who told officials that Leonard wanted to hire someone from jail to kill a witness in the case.

Smith told jurors he was in the same block as Leonard, the maximum security portion of the jail. He said that means that each person is kept behind bars separately.

He said Mark Leonard spoke to him during the hour per day they got out from their cell briefly.

Smith first told jurors that Leonard told him about the explosion, saying “his brother drove the van to his house, and one of his neighbors across the street spotted a van and thought it was him.”

He said, that Leonard had told him “Bobby was supposed to step on a gas line and make it crack” but he broke the gas line off. He added, “I was told (they) used a microwave device as a timer but I don’t know.”

He added, “Bobby closed all the curtains in the house.”

When asked how much money was involved, Smith said, “From the insurance, it was like $300,000.”

He also told prosecutors Leonard told him he wanted one of the state’s witnesses, Mark Duckworth, killed.

Prosecutor Denise Robinson asked, “Did that get your attention?”

Smith replied, “Yeah, real fast.”

When asked why, Smith said Leonard told him “because he (Duckworth) was lying and setting him up, and trying to get him in prison for the rest of his life. He wanted him killed.”

Smith explained, “he just wanted him killed and he was willing to pay a fee for that. I told him I couldn’t do it but I’d find somebody that could.”

So, Smith said he told police about it.

“My serious intent was to get to the officer that I knew and tell him this guy was trying to hire somebody to kill somebody,” he said.

He showed jurors a signed paper from Mark Leonard, saying he’d agree to pay 180 days upon release.

He said he gave Leonard an address because he was supposed to get a hold of him after he got out of jail, to give him money for the person who would kill the witness.

Smith received a reduction in bond for information he supplied in this case.

He was not required to be at court through the plea agreement, said Prosecutor Denise Robinson. Robinson asked, “Then, why are you here?” Smith said, “I just thought it was the right thing to do.”

Robinson reminded Smith that he wasn’t getting any money from this case.

He said, “I know it ain’t,” adding later, “I’m still here.”

Defense attorneys brought up other cases Smith worked on with police, explaining he’d done this before to help get out of jail.

Defense attorney David Shircliff also brought up medications he said Smith was supposed to be receiving, but Shircliff said he was giving to other people, including Leonard.

Smith said no.

But then, the defense played a phone call from jail, where jurors heard Smith telling his girlfriend he was giving away the medications.

“I give that away too,” he said in the recorded phone call. “I ain’t never took none of them.”

Even after that phone call, Smith denied giving away medications, saying he was lying to his girlfriend.

Later in the defense’s cross-examination Shircliff asked if he should play another phone call of Smith’s from jail, where he says he’ll get money and a sitcom from his testimony.

That got laughs from the courtroom.

RECORDED PHONE CALLS FROM JAIL

Jurors heard from two members of the Marion County Sheriff’s Office Gang and Intelligence Unit, who received letters from Smith about what he’d heard from Leonard.

They also received a map Smith said Leonard had drawn to help the ‘hitman’ get to Duckworth’s home.

Defense attorney Diane Black pointed out Robert Smith’s criminal past, explaining he had been in jail on an escape charge. Defense attorneys said he’d been in and out of jail since age 18 for conversion, forgery, carrying a handgun without a license and theft.

Jurors then heard from Jeremy Godsave, an ATF agent who worked to investigate the allegations that Leonard was trying to arrange a murder for hire on this case. He told prosecutors the allegations posed concern, saying “someone’s life is at risk from that moment,” adding “We had to take some action immediately on that..”

They said they acted quickly, first to corroborate the allegations.

Godsave said he wasn’t sure if Leonard was talking with others as well, and said out of concern for the victim of that potential homicide, they had to step in and start an operation to protect a potential victim.

They said they gave the informant, Robert Smith, a phone number and the name of “Jay.”

They asked Smith to give the number for “Jay” to Mark Leonard, so he could initiate the call if that’s what he wanted.

“Jay” of course, was a number to reach Godsave, the ATF agent, who posed as a hitman in the murder for hire.

Jurors then heard the two recorded phone calls between Leonard and “Jay.”

Leonard drew “Jay” a map, to show him where the witness’ home was, and even told him specific directions on the phone as to where to find Duckworth’s home.

Leonard told “Jay,” I “dont want to get into a bunch on the phone… Wish I wasn’t in this predicament.”

He told the agent the “dude’s kind of a homebody” and said there wouldn’t be anyone showing up. He also said the back door would be the best door to enter.

“Jay” then told Leonard to call him back the next day.

The special agent told jurors, “This is obviously something very serious. I wanted to give him every opportunity to back out.”

Leonard called back the next day and told the special agent that this would get him out of jail.

“Jay” told Leonard, “It’s going to be perfect.”

Leonard replied, “I know, I know, I’m glad you see it that way…This will get me out of jail.”

Leonard told “Jay” he needed him to get the witness to say three sentences in a 911 call.

Leonard explained, “Three sentences…have me out of here within a couple days, I bet.”

Leonard repeated those three sentences on the phone call for “Jay”: “I did not mean to frame Mark and Moncie for their own house in Richmond Hill.”

“The large amounts of money he always leaves lying around.”

“That’s what bought a lot of drugs and whores.”

Leonard can be heard laughing in the phone call.

“Jay” questioned him, “what do you mean?”

Leonard replied, “it means he did what he did… ripped me off on my money.”

MOTION FOR MISTRIAL DENIED

Thursday began with another motion for mistrial request by the defense in the Richmond Hill explosion trial.

Wednesday, Monserrate Shirley testified that Mark Leonard had told her “don’t worry, what they’re looking for, they’ll never find” because he “took the step-down valve and threw it away.”

Prosecutors say the step-down regulator was removed from the gas system at Monserrate Shirley’s home the day of the explosion in 2012. They say the regulator reduces the pressure of gas to the home.

Shirley told jurors she didn’t even know what that was, but that was what Mark Leonard told her.

Defense attorneys said there was a discovery violation, because Shirley hadn’t disclosed this in some of her previous disclosures.

Defense attorney David Shircliff said the defense would have changed their opening statements if they’d known this. He added, “the facts just stink in this.”

Prosecuting attorney Mark Hollingsworth told the judge a motion to mistrial is completely inappropriate.

He said the information about a step-down regulator came up in the factual basis, and came up at the deposition.

He said the state found out about this at the same time as the defense attorneys, during her deposition.

Judge John Marnocha ruled the mistrial motion would be denied, because he said there was no discovery violation by the state.

He said “trials are fluid things,” and she was properly cross examined about that issue. He added, it’s an issue that goes to her credibility as a witness.

Defense attorney David Shircliff also asked again for testimony from Robert Smith to not be included. Shircliff said Robert Smith was passing medications to Mark Leonard on a daily basis while in jail, and he said those medications had a negative impact on Leonard’s ability to understand what he was doing.

Mr. Smith in his deposition denied passing those medications.

Prosecutor Denise Robinson said she was contacted by an inmate who she spoke with yesterday, who said he’d had a conversation with Mark Leonard, and Leonard had admitted he was involved in the case.

The judge said he’d had an opportunity to listen to the recorded conversations with Leonard and Smith, and he said, “it seemed to me, that Mr. Leonard was oriented,” that he had a purpose, he added.

He said he would allow Smith’s testimony, explaining, “I don’t see any reason at this point in time to interrupt things or to exclude his testimony just because he may or may not be lying.”

He added, the jury is the ultimate finder of credibility.