BELTON, Texas — Cedric Marks is accused of killing his ex-girlfriend, Jenna Scott, and her friend, Michael Swearingin, back in 2019. Their bodies were discovered in a shallow grave in Clearview, Oklahoma, just south of Tulsa, in early Jan. of 2019.
Day 13 of the trial began with Marks' wife of 17 years, Ginell McDonough, back on the witness stand for cross examination.
McDonough testified when she was admitted into solitary confinement back in 2019, she says she was afraid of law enforcement. McDonough says she would say or do anything they told her to as well as even plead guilty to a felony she wasn't guilty of to avoid consequences.
Marks brought up the protective hearing with Scott back in 2018 which both of his children testified at. McDonough told the jury, "My boys are honest." McDonough is the mother of one and now helps raise the children in Tennessee. April Pease is the mother of the other child.
With the jury present, Marks played a two second portion of a video of him and Scott from January 2018. He told the jury this is why the protective court order was denied as it shows more to their relationship. This is the same video Marks tried to admit into evidence at the beginning of the trial.
Prosecution objected to the video being played and then asked for a hearing outside the presence of the jury. District attorney Henry Garza says even though the evidence was admitted in phone data extractions by the state, Marks did not announce he was playing the video.
Garza says this would be an attempt to smear Scott's name. Marks fired back saying, "They've been smearing me for the last two weeks. I haven't been able to defend myself at all."
Marks claims he only played the video because prosecution opened the door yesterday by asking McDonough about a screenshot of this video through the phone extractions. He also says the state has been trying to paint him as an obsessive and abusive man, but that is not who he is.
Frustrations rose from Judge Steve Duskie as he said the evidence had already been admitted. He says information from the phone data extractions could have been retracted if needed. Duskie overruled the prosecutions' objection of the video of Scott and Marks.
Outside the jury, Garza then presented new evidence in response to Marks. Garza says this evidence shows Marks' true character, conduct and violent nature.
Garza then redirects McDonough about the disappearance of April Pease, who Marks was dating back in 2009.
McDonough says Marks gave her video tapes where he confesses to killing Pease in an attempt to save his son. While she is testifying about his alleged confession, she hesitates and breaks down into tears.
This all comes after a custody dispute over the child, according to McDonough. She claims Marks wanted to move from Washington to Texas, but Pease did not want to do this.
McDonough says she gave tapes to Minnesota police and admits to lying in her first interviews. She changed her statement later because of guilt.
In cross examination, Marks asks McDonough if she is saying what she needs to because she's afraid of law enforcement and prosecutors. He reminds her she is under oath while claiming he never hurt anyone.
Marks denied the tapes being admitted into evidence and says he hasn't received an arrest warrant for the death of Pease. He shares he shouldn't have to prove himself to the jury in another mini trial. He says this trial should solely focus on Swearingin and Scott.
There was a lot of back and forth as well as interruption on both sides in the trial on Wednesday, May 3. Duskie said both the state and Marks have admitted pieces of evidence that were not in the discovery.
After recess, Duskie did not admit the video tape evidence calling it, "overly prejudicial at this point."
After days of Marks attempting to admit the video of his relationship with Scott, the clip was finally played for the jury.
In the video, there is an altercation between the two. Scott is using profane language and hitting him.
Prosecutors asked McDonough if Marks had been verbally aggressive towards other people. She recalled him being abusive with Pease in 2009 and says there were name calling incidents.
Marks asked if McDonough had any personal knowledge of his violent behavior. She says no and that she was never scared of him, even after the alleged confession tapes.
After an emotional cross examination, Marks says to his wife, "Go home and hug the boys." McDonough is still subject for recall.
The state then tried to introduce an investigator as the next witness outside the presence of the jury.
The court found that Marks has five pending charges, one including a false report of the video he played for the jury. Marks reported the wrong date of the video and originally said it was taken in May 2018. However, it was actually in January 2018.
Other charges include the violation of a protective order, interference, tampering evidence and burglary.
In frustration, Marks says, "This is retaliation because their case is so weak quite frankly."
Trial resumes at 9 a.m. inside of the Bell County Justice Center and is expected to last for several weeks.