Jose Bodega pleads the Fifth | FULL

Do you swear that the testimony you're about to give will be the truth, the whole truth, and nothing but the truth, so help you God? I do. All right. So, your attorney is present, Mr. Lee Bright, and he's informed the court that you intend to invoke your Fifth Amendment right to remain silent, Okay. and meaning that you believe... That testifying would incriminate you and subject you to prosecution. Do you understand that? Yes, ma'am. Okay. There is also the issue of your recantation. And both sides seem to be in conflict or disagreement about what effect your recantation will have on the state's case or on the case in total. And so that's what we're about to find out. All right? Okay. Okay. State, go ahead. Good afternoon, sir. Good afternoon. Could you please state and spell your first and last name for the court reporter? Theodore Thomas. Can you spell it, please? T-H-E-O-D-O-R-E-T-H-O-M-A-S. Now, Mr. Thomas. And the record will reflect the way outside the presence of the jury. Thank you. And also, may the record also reflect that Mr. Bright is present in the courtroom? Yes. Thank you. Mr. Bright, would you announce your presence, please? Good morning, good afternoon, Your Honor, James Lee Bright, on behalf of Mr. Theodore Thomas. Thank you. May I proceed? Yes. Mr. Thomas, you and I have met on multiple occasions, is that fair? Right. Back in February of last year, you were brought in while you were in custody in the Dallas County Jail. Do you recall that? Is that a yes? Yes. And Mr. Thomas, I'm sorry. She's going to miss Carol. The court reporter is taking down everything that you're saying as well as myself and the judge and the defense. So I'm going to need to pull the mic toward you. Thank you. So if I'm waiting for an answer, that's why. Now on February 13th of 2025, you came down and you testified before Dallas County Grand Jury. Is that correct? Yes, sir. And prior to that day, you and I had Never had an opportunity to sit and talk and go over details and information that you had and allow you to provide information prior to that day. Is that correct? I'm gonna plead the fifth to that. Now, present that day were myself, Detective Barnes, the court reporter, Investigator Raul Obregon, J.D. Williams, Ms. A.D.A. Crystal Diggins. Do you recall that? No, I don't recall. You don't remember my approach? Yes, Jimmy. I'm going to, for the record, I'm showing you. Mr. Thomas, what's been marked as State's Exhibit 1008, and it was previously admitted for the hearing purposes that we had in July of this year with Mr. Shook, Mr. Duccio, and Mr. Connell. Mr. Thomas, can you look at the State's Exhibit 1008? Do you see this? Yeah. And you see it's a court reporter, grand jury investigation. See all that? February 13, 2020. Do you see that? Mm-hmm. Do you see the names of the individuals listed? Myself, Ms. Biggins, Detective Barnes? You know all those people, correct? Yes. And behind it is... Has Mr. Thomas been indicted for any matter relating to these cases? He is not indicted related to this case. You see in here there's 143 pages of testimony. Is that fair? Yeah. And during that hearing, I showed you what's been marked inside of States Exhibit 1008. I showed you, and if you want to look through each photo, States Exhibit 1 through... At least 45. But you see that these this exhibit ends on page 237. Do you recall me showing you all of these exhibits when we met in grand jury that day? Yes. And you recall giving testimony about the individuals as well as information that you gave to the federal government as it related to multiple people, including Kiwan White, Jerry Johnson, Devin Brown and Marquise Conway. I'm going to plead the fifth today. Now, In August of this year, let me just, let me sit there for a second. During that testimony, and that grand jury testimony that you provided, the 143 pages worth, is in front of you if you want to review it, and I'll say what pages I'm referring to. Do you recall testifying about members of GRC, also known as Get Rich Cartel? I'm going to plead the fifth of that. Do you recall testifying to... Specific instances of the feud that was going on and describing the feud between Marquise Conway, Trap Boy Freddy, a.k.a. DeVarious Moore, as well as Melvin Noble and what was going on during that time period. I'm going to also plead the fifth of that. Do you recall testifying about the assault of Roy Lee Pate and your involvement in the assault of Roy Lee Pate? I'm going to plead the fifth of that. Do you recall testifying about the conversation that you were present for? Between Jerry Johnson and Marquise Conway. I'm going to plead the fifth of that. Do you remember testifying and identifying Kiwan White as the individual wearing blue underwear at the Ramona house? I'm going to plead the fifth to that. Do you recall testifying about your whereabouts on November 10th and 11th up until November 20th of 2020 and being in California with Marquise Conway? I'm going to also plead the fifth to that. Do you recall testifying about Kiwan calling you and reaching out to you when you were in California with Mr. Conway? I'm going to plead the fifth to that. On page 110, we start going into a conversation that took place at Jerry's Barbershop while you were inside Mr. Conway's Denali. Do you recall testifying to that conversation? I'm going to plead the fifth to that. Do you recall testifying under oath that during that... conversation between Mr. Conway and Jerry Johnson. I'm gonna get the exact quote for you. Good morning. It looks like he's pleading the fifth to all material questions that you're asking him. So what's the state's, what does the state want to do at this point other than asking questions to which he'll invoke the fifth? May we have one moment, Your Honor? Yes. Your Honor, I just have to ask two more questions and then I can pass the quote. I just just for complete clarification as it relates to just how is he going to is he going to say this on every question as it relates go ahead Mr. Thomas, is it your intention to invoke the fifth as it relates to everything that you testify to in grand jury Yes, and that relates also to all the prior consistent statements that you gave that were not under oath, is that correct? Yes We'll pass the witness at this time. Subject to recall. Thomas, you gave a recantation to Detective Barnes as the attorney present, is that correct? I'm gonna plead the fifth to that. With all the questions I have, Judge. All right. You can step down. And, Your Honor, I just ask, he's not released at this moment. Correct. Thank you. Mr. Bryant, make sure your client remains in the courthouse. Yes, Your Honor. In case he needs to take the stand again. Yes, Your Honor. Thank you. May I just have a few minutes to confirm with my team? Yes. Thank you.