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SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA CRIMINAL DIVISION UNITED STATES VS. RODNEY MC INTYRE On Monday, November 29, 2010, at approximately 1:08 p.m., members of the Metropolitan Police Department (MPD) and the D.C. Fire and Emergency Medical Services were summoned to the rear of 1030 Fairmont Street, Northwest, Washington, D.C., for the report of a body found in a trash can. The victim was found inside of a green plastic trash can with a black flip-top lid. Blood was smeared on the rim and the interior of the trash can. The victim's head was positioned toward the bottom of the trash can. The victim's legs were positioned in the air toward the top of the trash can. District of Columbia Fire and Emergency Medical personnel responded to the scene and determined that the victim was unconscious and unresponsive. The victim remained on the scene and was pronounced dead by Medical Legal Investigator Denise Lyles from the D.C. Office of the Chief Medical Examiner at 4:17 p.m. The decedent's remains were transported to the Office of the Chief Medical Examiner pending an autopsy. On Tuesday, November 30, 2010, Dr. Sunil Prashar from the Office of the Chief Medical Examiner performed an autopsy on the decedent's remains. The decedent was found to have been stabbed at least 15 times. Medical staff also completed a sex kit and collected hair from the decedent during the autopsy. The cause of death for the decedent was ruled multiple stab wounds. The manner of death was ruled HOMICIDE. The decedent was identified as Ebony Franklin, age 17. The events and acts described above occurred primarily in the District of Columbia and were committed as described by defendant(s) listed in the case caption. Subscribed and sworn before me this 23 day of May, 2011 DETECTIVE ALFRED THOMAS AUSTIN-BRAXTON D1-1235 HOMICIDE Police Officer Badge District Deputy Clerk Page 1 of 17

Rodney Mcintyre Charging Papers

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Rodney Mcintyre police interviews, witness interviews and cell phone records.

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Page 1: Rodney Mcintyre Charging Papers

SUPERIOR COURT FOR THE DISTRICT OF COLUMBIACRIMINAL DIVISION

UNITED STATES

VS.

RODNEY MC INTYRE

On Monday, November 29, 2010, at approximately 1:08 p.m., members of theMetropolitan Police Department (MPD) and the D.C. Fire and Emergency Medical Serviceswere summoned to the rear of 1030 Fairmont Street, Northwest, Washington, D.C., for the reportof a body found in a trash can. The victim was found inside of a green plastic trash can with ablack flip-top lid. Blood was smeared on the rim and the interior of the trash can. The victim'shead was positioned toward the bottom of the trash can. The victim's legs were positioned in theair toward the top of the trash can. District of Columbia Fire and Emergency Medical personnelresponded to the scene and determined that the victim was unconscious and unresponsive. Thevictim remained on the scene and was pronounced dead by Medical Legal Investigator DeniseLyles from the D.C. Office of the Chief Medical Examiner at 4:17 p.m. The decedent's remainswere transported to the Office of the Chief Medical Examiner pending an autopsy.

On Tuesday, November 30, 2010, Dr. Sunil Prashar from the Office of the Chief MedicalExaminer performed an autopsy on the decedent's remains. The decedent was found to have beenstabbed at least 15 times. Medical staff also completed a sex kit and collected hair from thedecedent during the autopsy. The cause of death for the decedent was ruled multiple stabwounds. The manner of death was ruled HOMICIDE. The decedent was identified as EbonyFranklin, age 17.

The events and acts described above occurred primarily in the District of Columbia andwere committed as described by defendant(s) listed in the case caption.

Subscribed and sworn before me this 23 day of May, 2011

DETECTIVE ALFRED THOMAS AUSTIN-BRAXTON D1-1235 HOMICIDEPolice Officer Badge District Deputy Clerk

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SUPERIOR COURT FOR THE DISTRICT OF COLUMBIACRIMINAL DIVISION

UNITED STATES

VS.

RODNEY MC INTYRE

The Decedent's Whereabouts Prior to the Murder:An investigation into the death of Ebony Franklin was undertaken by members of the

Metropolitan Police Department Homicide Branch. The preliminary investigation revealed thatthe decedent's mother filed a missing person's report with the Prince George's County PoliceDepartment advising that the decedent had been missing since Friday, November 26, 2010.

Members of the Metropolitan Police Department's Homicide Branch located andinterviewed the decedent's mother, hereinafter referred to as W-1. W-1 stated that the decedent(Ebony Franklin) resided in Prince George's County, Maryland, with her. W-1 stated that she andRodney Mc Intyre (the decedent's biological father) had a telephone conversation in which thetwo agreed that the decedent was to meet Mr. Mc Intyre in the Columbia Heights area1 of theDistrict of Columbia to pick up her Christmas gifts on Friday, November 26, 2010. According toW-1, the decedent had last seen her father in person several days to a week prior to November26, 2010. According to their plan, after the decedent picked up her Christmas gifts, she was tomeet W-2 in the 3500 block of Georgia Avenue, Northwest, and get a ride home to do herchores. W-1 stated that after the decedent completed her chores, the decedent was going to gospend the weekend with her father, Mr. Mc Intyre. W-1 further reported that she spoke with thedecedent by cellular telephone on Friday morning, November 26, 2010, and that during thisconversation, the decedent stated she was en route back to meet W-2. According to W-1, duringthe phone conversation, the decedent reported that she was between New Hampshire andSherman Avenue, Northwest.

The events and acts described above occurred primarily in the District of Columbia andwere committed as described by defendant(s) listed in the case caption.

Subscribed and sworn before me this 23 day of May, 2011

DETECTIVE ALFRED THOMAS AUSTIN-BRAXTON D1-1235 HOMICIDEPolice Officer Badge District Deputy Clerk

1 Note: Columbia Heights' boundaries are from Georgia Avenue, Northwest, to 16thStreet, Northwest, and Florida Avenue, Northwest, to Spring Road, Northwest.

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SUPERIOR COURT FOR THE DISTRICT OF COLUMBIACRIMINAL DIVISION

UNITED STATES

VS.

RODNEY MC INTYRE

Homicide Detectives located and interviewed W-2. W-2 stated IT saw the decedent onFriday, November 26, 2010, when IT drove the decedent from Prince George's County,Maryland, to Washington, D.C. W-2 stated IT last saw the decedent between 10:00 a.m. to 11:00a.m. in the 3500 block of Georgia Avenue, Northwest. W-2 stated that the decedent informed ITthat she was going to meet her father, Rodney Mc Intyre, as previously discussed with W-1 (thedecedent's mother). W-2 stated that the decedent was to return to the 3500 block of GeorgiaAvenue, Northwest, to be taken back home in Prince George's County, Maryland. W-2 alsoreported that the decedent never returned to meet back up with IT, and that W-2 returned to thedecedent's home in Prince George's County, Maryland, alone.

The Decedent's Cell Phone Records:Family members advised your Affiant that, prior to the decedent's death, she possessed a

cell phone with the number (240) 528-0679 (which is serviced by T-Mobile). Family membersand associates of the decedent had called or received phone calls to/from the decedent on Friday,November 26th, 2010. Specifically, your Affiant interviewed a witness who spoke to thedecedent on Friday, November 26, 2010, three days before her remains were found, by callingthe decedent's cell phone at (240) 528-0679, and speaking with her.

Thereafter, your Affiant obtained a D.C. Superior Court Search Warrant for thedecedent's cell phone. Your Affiant examined the decedent's call detail records and cell siterecords, which confirmed that the phone was making and receiving daily cell phonetransmissions before, during, and after the decedent was reported missing by her mother onFriday, November 26, 2010.

The events and acts described above occurred primarily in the District of Columbia andwere committed as described by defendant(s) listed in the case caption.

Subscribed and sworn before me this 23 day of May, 2011

DETECTIVE ALFRED THOMAS AUSTIN-BRAXTON D1-1235 HOMICIDEPolice Officer Badge District Deputy Clerk

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SUPERIOR COURT FOR THE DISTRICT OF COLUMBIACRIMINAL DIVISION

UNITED STATES

VS.

RODNEY MC INTYRE

As mentioned above, W-1 reported that she spoke with the decedent by phone on Fridaymorning, November 26, 2010. Your Affiant examined the decedent's cell phone records andconfirmed that two phone calls were made between these two phones: the first at approximately11:43 a.m., and the second at 11:53 a.m.

Homicide detectives located and interviewed W-3. W-3 stated IT had daily cell phoneconversations with the decedent prior to and on the day of Friday, November 26, 2010. YourAffiant examined the decedent's cell phone records. The examination confirmed W-3'sinformation and revealed the decedent called W-3 on Friday, November 26, 2010, atapproximately 12:04 p.m. This is the last contact detectives have been able to confirm betweenthe decedent and any other person.

W-2 stated that on Saturday, November 27, 2010, at approximately 08:10 a.m., ITreceived several texts on ITs' cell phone, (XXX) XXX-7745, from the decedent's cell phone. The texts inquired if the decedent's mother was upset about the decedent not coming home onFriday, November 26, 2010. W-2 stated the decedent has never texted with W-2 prior toSaturday, November 27, 2010. W-2 also stated an unknown male called W-2's cell phone fromthe decedent's cell phone stating the decedent was running away from home.

Your affiant has reviewed W-2's cell phone records, which confirm the existence of theSaturday, November 27, 2010, text messages and cell phone calls. Moreover, W-2 is listed in thedecedent's cell phone by a family-known name, making it appear that the individual sendingthese texts and making this call had to have had personal knowledge about the decedent's familyand associates.

The events and acts described above occurred primarily in the District of Columbia andwere committed as described by defendant(s) listed in the case caption.

Subscribed and sworn before me this 23 day of May, 2011

DETECTIVE ALFRED THOMAS AUSTIN-BRAXTON D1-1235 HOMICIDEPolice Officer Badge District Deputy Clerk

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UNITED STATES

VS.

RODNEY MC INTYRE

On Sunday, November 28, 2010, at approximately 8:46 a.m., W-1 received a textmessage from the decedent's cell phone stating, "Remember.the.bitch.told.on.my.man.now.yoo.get.her.out.the.trash."

Finally, a review of the cell cite data for the decedent’s phone shows no instance – afterthe last confirmed contact with W-3 at 12:04 p.m. on November 26, 2010 – in which thedecedent’s phone utilized cell towers outside of the District of Columbia.

First Interview with the Decedent's Father, Rodney Mc Intyre:On Friday, December 3, 2010, your Affiant interviewed Rodney Mc Intyre. Mr. Mc

Intyre initially stated that he and W-1 (the decedent's mother) agreed he would meet the decedenton Friday, November 26, 2010, to give the decedent her Christmas gifts. During theconversation, Mr. Mc Intyre stated that he and the decedent's mother had a disagreement becausehe did not understand why the decedent had to go back home and complete her chores. Mr. McIntyre also stated that he told W-1 that the decedent was not, in fact, going to spend the weekendwith him. He informed W-1 that the decedent was actually planning to spend the weekend withher boyfriend.

During this first interview, Mr. Mc Intyre also stated he spoke with the decedent onFriday, November 26, 2010, around noon time. Mr. Mc Intyre said he told the decedent to meethim at 1:00 p.m. in front of the Target Department store located in the 3100 block of 14th Street,Northwest. Mr. Mc Intyre stated that the decedent was supposed to call him on his cell phonewhen she was ready. Although the two were to meet at 1:00 p.m., Mr. Mc Intyre stated he neverwent to meet the decedent at Target because the decedent never called him. Instead, Mr. McIntyre stated that he remained at 3327 Brothers Place, Southeast, and did not go to the Northwestsection of D.C. until Sunday. The events and acts described above occurred primarily in the District of Columbia andwere committed as described by defendant(s) listed in the case caption.

Subscribed and sworn before me this 23 day of May, 2011

DETECTIVE ALFRED THOMAS AUSTIN-BRAXTON D1-1235 HOMICIDEPolice Officer Badge District Deputy Clerk

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SUPERIOR COURT FOR THE DISTRICT OF COLUMBIACRIMINAL DIVISION

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VS.

RODNEY MC INTYRE

Follow-Up Investigation With Other Witnesses:Your Affiant spoke again with W-1 after interviewing Mr. Mc Intyre. W-1 stated that IT

and Mr. Mc Intyre never had a conversation about the decedent spending the weekend with herboyfriend. W-1 reiterated that the agreement was that the decedent was to meet with Rodney McIntyre after doing a lady's hair. The decedent was to get her Christmas gifts and meet back withW-2 in the 3500 block of Georgia Avenue, Northwest, to come home and do her chores. Afterthe decedent completed her chores, W-1 and W-2 were to take the decedent to meet Rodney McIntyre, where the decedent was to stay the weekend.

Detectives also located and interviewed another witness, hereafter referred to as W-4. W-4 stated that IT had a conversation with Rodney Mc Intyre on or about November 27, 2010,after the decedent was reported missing. IT stated that Mr. Mc Intyre told it that the decedenthad told him she was coming "Uptown" (referring to the Northwest area of Washington, D.C.) todo a lady's hair but the lady changed her mind. According to W-4, Mr. Mc Intyre told thedecedent to stay home and not to come "Uptown".

Detectives located and interviewed another witness, hereafter referred to as W-5. W-5stated that IT had a conversation with Rodney Mc Intyre on or about November 26, 2010, afterthe decedent was reported missing. W-5 stated that Mr. Mc Intyre told IT he received a phonecall from the decedent. The decedent told Mr. Mc Intyre that she had told W-1 (her mother) thatshe was going to spend the weekend with him. According to his report to W-5, Mr. Mc Intyretold the decedent not to lie to her mother. Mr. Mc Intyre indicated to W-5 that he had no plansto meet with the decedent for the weekend.

The events and acts described above occurred primarily in the District of Columbia andwere committed as described by defendant(s) listed in the case caption.

Subscribed and sworn before me this 23 day of May, 2011

DETECTIVE ALFRED THOMAS AUSTIN-BRAXTON D1-1235 HOMICIDEPolice Officer Badge District Deputy Clerk

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SUPERIOR COURT FOR THE DISTRICT OF COLUMBIACRIMINAL DIVISION

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RODNEY MC INTYRE

W-5 additionally stated Mr. Mc Intyre reported that he and the decedent used to argue allthe time. W-5 recalled a conversation IT had with Mr. Mc Intyre about a previous argumentbetween the decedent and Mr. Mc Intyre. Mr. Mc Intyre told W-5 that, during a phoneconversation with the decedent, he inquired about rumors of a sexual relationship between W-2and the decedent. Mr. Mc Intyre stated the decedent retorted, "You are just upset because youaren't getting it." Mr. Mc Intyre then explained to W-5 that because of the decedent's physicaldevelopment, the decedent could get any man she wanted.

As stated above, detectives also interviewed W-3, who reported that the decedent hadmade plans to spend the weekend together with IT. According to W-3, IT last spoke to thedecedent on Friday, November 26, 2010, at approximately 12:04 p.m. W-3 stated that IT did notsee the decedent that weekend at all. A review of W-3's call detail records confirms this report,and a review of W-3's cell site records establishes that IT was nowhere near the location wherethe body was found during the period between Friday, November 26, 2010, and Monday,November 29, 2010.

Detectives located and interviewed W-6. W-6 stated that a few days prior to November26, 2010, Mr. Mc Intyre and IT were together outside in the 2500 block of 11th Street, N.W.,when they saw the decedent and engaged in a brief conversation. W-6 noted in a more recentconversation with Mr. Mc Intyre, that Mr. Mc Intyre asked W-6 not to tell detectives that IT sawhim (Mr. Mc Intyre) with the decedent days prior to November 26, 2010. Mr. Mc Intyre also toldW-6 not to tell detectives that the decedent previously resided with him.

The events and acts described above occurred primarily in the District of Columbia andwere committed as described by defendant(s) listed in the case caption.

Subscribed and sworn before me this 23 day of May, 2011

DETECTIVE ALFRED THOMAS AUSTIN-BRAXTON D1-1235 HOMICIDEPolice Officer Badge District Deputy Clerk

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SUPERIOR COURT FOR THE DISTRICT OF COLUMBIACRIMINAL DIVISION

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VS.

RODNEY MC INTYRE

Additionally, detectives located and interviewed W-7. W-7 reported that it employedMr. Mc Intyre as a custodian at Keely's Boxing Gym, located at 2501 11th Street, Norhtwest,within a block of where the decedent's body. W-7 reported that Mr. McIntyre had access to thegym because he had his own set of keys. W-7 further reported that Mr. Mc Intyre returned hiskeys to W-7 on December 8, 2010. Rodney Mc Intyre's Cell Phone Records:

During his initial interview, Mr. Mc Intyre provided your Affiant with two cell phonenumbers: (202) 361-2424 and (202) 534-5925. Mr. Mc Intyre stated that he had lost the (202)534-5925 cell phone in late October, and that he did not have access to the phone until hereceived the replacement phone late in the evening on Saturday, November 27, 2010.

Contact Between the Decendent and Rodney Mc Intyre on November 26, 2010 until12:25 p.m.:

Your Affiant and Federal Law Enforcement Forensic Electronic Analysisexamined Mr. Mc Intyre's and the decedent's cell phone records. The examination for hiscell phone numbered (202) 361-2424 revealed daily contact between Mr. Mc Intyre andthe decedent prior to and on Friday, November 26, 2010. Specifically, the examinationrevealed that on Friday, November 26, 2010, the decedent called Mr. Mc Intyre threetimes on the phone numbered (202) 361-2424. The first call was at 08:41 a.m. betweenthe decedent and Mr. Mc Intyre. The third call was placed at 10:57 a.m. Your affiantalso examined the cell site data for Mr. Mc Intyre’s phone, which indicates that the phonewas hitting off or cell towers in the the Northwest area, just south of the 3500 block ofGeorgia Avenue, Northwest, until at least 8:48 a.m.

The events and acts described above occurred primarily in the District of Columbia andwere committed as described by defendant(s) listed in the case caption.

Subscribed and sworn before me this 23 day of May, 2011

DETECTIVE ALFRED THOMAS AUSTIN-BRAXTON D1-1235 HOMICIDEPolice Officer Badge District Deputy Clerk

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SUPERIOR COURT FOR THE DISTRICT OF COLUMBIACRIMINAL DIVISION

UNITED STATES

VS.

RODNEY MC INTYRE

Your affiant also examined cell site data for the decedent's phone during this time frame. That data indicates that her cell phone was also in the Northwest area. Moreover the cell site datashows that during the third phone call between Mr. Mc Intyre and the decedent, made at 10:57a.m., both cell phones are hitting off of the same tower - in the Columbia Heights area -- whilethey are communicating.

A forensic examination of the decedent's cell phone and cell site transmissions onFriday, November 26, 2010, between 10:57 a.m. and 12:04 p.m. show that all calls madeby her began and terminated in the Columbia Heights area, hitting off of the same celltower as the defendant's 10:57 a.m.call. Thereafter, the decedent's cell phone and cell sitedata transmissions terminated in the Columbia Heights area.

The cell tower in the Columbia Heights area utilized by the both Mr. Mc Intyre’sphone and the decedent’s phone were made in close proximity to where the decedent'sbody was found and Keely's Boxing Gym, where Mr. Mc Intyre worked, which is lessthan a block away.

Contact Between the Decendent and Rodney Mc Intyre November 26,2010, beginningafter 2:51 p.m.

On Friday, November 26, 2010, at approximately 3:21 p.m. (approximately threehours later) the decedent's cell phone began transmitting data again. All of the cell sitedata transmissions were in the Southeast area of Washington, D.C., in close proximity to3327 Brothers Place, Southeast (the address in which Mr. Mc Intyre claimed he was

The events and acts described above occurred primarily in the District of Columbia andwere committed as described by defendant(s) listed in the case caption.

Subscribed and sworn before me this 23 day of May, 2011

DETECTIVE ALFRED THOMAS AUSTIN-BRAXTON D1-1235 HOMICIDEPolice Officer Badge District Deputy Clerk

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SUPERIOR COURT FOR THE DISTRICT OF COLUMBIACRIMINAL DIVISION

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VS.

RODNEY MC INTYRE

during this time frame). The last transmission from the decedent's phone was made onSaturday, November 27, 2010, at approximately 6:06 p.m., in close proximity to 3327Brother's Place, Southeast.

Additionally, on Friday, November 26, 2010, at approximately 2:51 p.m., Mr. McIntyre's cell phone, numbered (202) 361-2424, began transmitting data again. All of thecell site data transmissions were in the Southeast area of Washington, D.C., in closeproximity to 3327 Brothers Place, Southeast.

Mr. Mc Intyre stated he was staying at 3327 Brother Place, Southeast, fromWednesday, November 22, 2010 until December 1, 2010. The decedent's cell phone hasnot been recovered.

Forensic Examination of Mr. Mc Intyre's Second Cell Phone:The same forensic examination was done for Mr. Mc Intyre's second phone, numbered

(202) 534-5925. Despite his claim that it was lost until late on Saturday, November 27, 2010,the records revealed daily contact with the decedent prior to Friday, November 26, 2010. Further investigation revealed Sprint Nextel Corporation records indicate the cell phone number(202) 534-5925 was transferred to a new cell phone on Saturday, November 27, 2010, and thecell phone number (202) 534-5925 had daily transmission (voice and text usage) from November1, 2010 until November 27, 2010.

The forensic analysis for this second phone also revealed that on Saturday, November 27,2010, between 2:47 p.m. and 4:28 p.m. (approximately 2 hours), Mr. Mc Intyre's cell phone is inclose proximity to where the decedent's body was located. However, Mr. Mc Intyre deniedbeing in Northwest on Saturday, November 27, 2010. Mr. Mc Intyre states he was at 3327Brother Place, Southeast, the entire day. The events and acts described above occurred primarily in the District of Columbia andwere committed as described by defendant(s) listed in the case caption.

Subscribed and sworn before me this 23 day of May, 2011

DETECTIVE ALFRED THOMAS AUSTIN-BRAXTON D1-1235 HOMICIDEPolice Officer Badge District Deputy Clerk

SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA

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CRIMINAL DIVISION

UNITED STATES

VS.

RODNEY MC INTYRE

Subsequent Pre-Arrest Interview with the Decedent's Father, Rodney Mc Intyre:On Sunday, January 30, 2011, your Affiant executed a District of Columbia search

warrant for Mr. Mc Intyre's DNA. Once in the police vehicle after being advised of the searchwarrant, Mr. Mc Intyre made a phone call to an unknown person and stated, "I shouldn't havemet him." Thereafter, your Affiant interviewed Mr. Mc Intyre. Mr. Mc Intyre confirmed thaton Friday, November 26, 2010, that he was using the (202) 361-2424 cell phone to communicatewith the decedent. Mr. Mc Intyre said he knew your Affiant had his cell phone records. Mr. McIntyre stated, "I don't care what my cell phone records say, I was in Southeast."

During this same interview with Mr. Mc Intyre, detectives confronted Mr. Mc Intyre withrumors of him having a sexual relationship with the decedent. Mr. Mc Intyre was asked whetherhis DNA would be on the decedent. He replied, "I don't know how I would explain it." Mr. McIntyre said he would not admit to having sex with the decedent to your Affiant, however, hewould admit it to the decedent's mother.

Finally, contrary to the statement of W-7, Mr. Mc Intyre reported that he had returnedthe keys to Keely's Boxing Gym to W-7 before Thanksgiving.

DNA Analysis of the Sex Kit from the DecedentThe Metropolitan Police Department Crime Laboratory conducted a forensic examination

on sex kit obtained from the decedent during the autopsy. The DNA examination identified onlya single male DNA profile sample contained within the swabs taken from the decedent's vagina. The DNA profile obtained from RODNEY Mc INTYRE matched the single source male DNAprofile obtained from the decedent's vagina. Based on information and belief, semen is typicallyeliminated from the human vagina of a live human being within 72 hours of sexual intercourse.

The events and acts described above occurred primarily in the District of Columbia andwere committed as described by defendant(s) listed in the case caption.

Subscribed and sworn before me this 23 day of May, 2011

DETECTIVE ALFRED THOMAS AUSTIN-BRAXTON D1-1235 HOMICIDEPolice Officer Badge District Deputy Clerk

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SUPERIOR COURT FOR THE DISTRICT OF COLUMBIACRIMINAL DIVISION

UNITED STATES

VS.

RODNEY MC INTYRE

Post-Arrest Interview of Rodney Mc IntyreOn May 21, 2011, Rodney Mc Intyre was arrested. Thereafter he was advised of his

Miranda rights. After waiving his rights, Mr. Mc Intrye gave a lengthy videotaped statement topolice. During the statement, Mr. Mc Intyre provided a number conflicting statements.

• Mr. Mc Intyre initially stated that he last saw the decedent, together with W-6, onTuesday, November 23, 2010, at Keely’s Boxing Gym.

• Mr. Mc Intyre initially reported that he had provided the decedent with a bottle ofhis semen, which she was inserting into herself with a turkey baster in order tobecome pregnant.

• When confronted with the absurdity of this assertion, Mr. Mc Intyre admitted thathe had sexual relations with the decedent on several occasions, most recently onTuesday, November 23, 2010.

• Mr. Mc Intyre was informed that forensic testing had been completed, but was nottold the results of the testing during the interview. He was asked whether therewas any way possible that his DNA would be inside of the decedent.

• Mr. Mc Intyre responded that he knew that sperm did not stay inside of awoman’s body for more than 3 days, such that it would be impossible for hisDNA to be present because their last sexual contact was on Tuesday, November23, 2010.

The events and acts described above occurred primarily in the District of Columbia andwere committed as described by defendant(s) listed in the case caption.

Subscribed and sworn before me this 23 day of May, 2011

DETECTIVE ALFRED THOMAS AUSTIN-BRAXTON D1-1235 HOMICIDEPolice Officer Badge District Deputy Clerk

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• Throughout the first portion of the interview, Mr. Mc Intyre repeatedly stated thathe did not go to the Columbia Heights area of D.C. during the day on November26, 2010.

• Mr. Mc Intyre then spoke alone with Detective Lee Littlejohn. Mr. Mc Intyreconfessed to Detective Littlejohn that he had sex with the decedent on Friday,November 26, 2010, in the Columbia Heights section of Washington, D.C.

• Thereafter, Mr. Mc Intyre admitted to having taken the decedent phone after thisinterlude, which he estimated to occur sometime around 11 a.m. He recallshearing her speak with her mother by phone around that time.

• Mr. Mc Intyre stated that he never saw the decedent thereafter, and that he did notkill her.

• Mr. Mc Intyre admitted to taking the decedent’s phone to 3327 Brother’s Place,Southeast. While there, he spoke with the decedent’s mother several times. Healso stated that he turned off the decedent’s phone so that she would not hear itsdistinctive ring.

• The following day, according to this interview, Mr. Mc Intyre took the phoneback uptown around 2 p.m. and left the phone in an unknown location.

The events and acts described above occurred primarily in the District of Columbia andwere committed as described by defendant(s) listed in the case caption.

Subscribed and sworn before me this 23 day of May, 2011

DETECTIVE ALFRED THOMAS AUSTIN-BRAXTON D1-1235 HOMICIDEPolice Officer Badge District Deputy Clerk

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VS.

RODNEY MC INTYRE

Inconsistent Information Developed in the Course of the Investigation:On Tuesday, January 11, 2011 your Affiant interviewed a subject that was under arrest.

The subject stated the decedent was stabbed inside of a location in upper Northwest area ofWashington, D.C. and identified a truck to the detectives that the decedent's body was placedinside of after the murder. The subject provided a name of a 16-year-old suspect. Your Affiantwent to location an obtained consent to search the location. Your Affiant searched the locationand determined this was not the crime scene. The truck identified by the subject had been in theowner's possession until being reported stolen on Thursday, December 24, 2010. Your Affiantinterviewed a resident of the upper Northwest area location. The resident said the subject wasevicted after being caught using drugs inside of the location.

Additionally, on December 3, 2010, a letter was mailed from a second subject in which asecond subject claimed responsibility for the decedent's murder. Thereafter, this second subjectplaced several calls to your Affiant, and to your affiant's partner, Detective Michael Pepperman,in which the second subject again claimed responsibility for the murder. Thereafter, yourAffiant and Detective Pepperman identified the second subject and interviewed IT. During thecourse of that interview, the second subject admitted that IT had not committed the murder, buthad instead wanted to keep the detectives actively involved in the investigation of the case.

ConclusionsIn conclusion, based upon the above investigation, facts and circumstances, as specificallyenumerated below, your Affiant respectfully asserts the following:

• On Friday, November 26, 2010, the decedent, Ebony Franklin, age 16, was tomeet her father, Mr. Mc Intyre, in the Columbia Heights area of the District ofColumbia to pick up her Christmas gifts, and then was to meet up with W-2 toreturn home.

The events and acts described above occurred primarily in the District of Columbia andwere committed as described by defendant(s) listed in the case caption.

Subscribed and sworn before me this 23 day of May, 2011

DETECTIVE ALFRED THOMAS AUSTIN-BRAXTON D1-1235 HOMICIDEPolice Officer Badge District Deputy Clerk

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• The decedent met with Rodney Mc Intyre. • During that meeting, there was vaginal sexual contact between the decedent and

her biological father, Rodney Mc Intyre.• Although the decedent was supposed to meet W-2 in the 3500 block of Georgia

Avenue, N.W., to return home to Prince George's County, Maryland, the decedentdid not do so.

• No further communications were received that can be conclusively identified ashaving come from the decedent after 12:04 p.m. on November 26, 2010.

• From 12:04 p.m. to 2:51 p.m., no cell site information is available for either thedecedent's phone or Mr. Mc Intyre's (202) 361-2424 phone.

• Thereafter, both the decedent's phone and Mr. Mc Intyre's (202) 361-2424 begantransmitting data again. All of the cell site data transmissions were in theSoutheast area of Washington, D.C., in close proximity to 3327 Brothers Place,Southeast;

• Mr. Mc Intyre stated he was staying at 3327 Brothers Place, Southeast, fromWednesday, November 22, 2010 until December 1, 2010;

• On Monday, November 29, 2010, at approximately 1:08 p.m., the decedent wasfound in a trashcan outside of 1030 Fairmont Street, N.W.

• Between 12:04 p.m. and the time the body was found, several communicationswere sent from the decedent’s phone to her family and friends that could haveonly been sent by someone with close familiarity to the decedent and her family. All indications are that the decedent’s cell phone never left the District ofColumbia during this period.

• The location where the body was found is less than a block from Mr. Mc Intyre'splace of employment.

The events and acts described above occurred primarily in the District of Columbia andwere committed as described by defendant(s) listed in the case caption.

Subscribed and sworn before me this 23 day of May, 2011

DETECTIVE ALFRED THOMAS AUSTIN-BRAXTON D1-1235 HOMICIDEPolice Officer Badge District Deputy Clerk

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SUPERIOR COURT FOR THE DISTRICT OF COLUMBIACRIMINAL DIVISION

UNITED STATES

VS.

RODNEY MC INTYRE• On Tuesday, November 30, 2010, personnel from the OCME performed an

autopsy on the decedent's remains. Medical staff also completed a sex kit. Thecause of death for the decedent was ruled multiple stab wounds. The manner ofdeath was ruled HOMICIDE.

• The sex kit was submitted to the MPD forensic laboratory. The DNAexamination identified only a single male DNA profile present in the decedent'svagina. The DNA examination identified Mr. Mc Intyre's sperm as the singlemale DNA profile present in the sample collected from the decedent's vagina.

Finally, during multiple interviews, Mr. Mc Intyre has provided multiple contradictorystatements to police, as detailed above, that have served to interfere with and obstruct theMetropolitan Police Department’s investigation into the murder of Ebony Franklin.

The events and acts described above occurred primarily in the District of Columbia andwere committed as described by defendant(s) listed in the case caption.

Subscribed and sworn before me this 23 day of May, 2011

DETECTIVE ALFRED THOMAS AUSTIN-BRAXTON D1-1235 HOMICIDEPolice Officer Badge District Deputy Clerk

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Page 17: Rodney Mcintyre Charging Papers

The events and acts described above occurred primarily in the District of Columbia andwere committed as described by defendant(s) listed in the case caption.

Subscribed and sworn before me this 23 day of May, 2011

DETECTIVE ALFRED THOMAS AUSTIN-BRAXTON D1-1235 HOMICIDEPolice Officer Badge District Deputy Clerk

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