Judge: Victim’s deposition can be used at trial because prosecutors can’t find her

CEDAR RAPIDS — A judge ruled Monday that prosecutors could use sworn testimony from a deposition of a woman authorities say was stabbed by her ex-boyfriend because prosecutors cannot find her as his attempted murder trial starts Tuesday in Linn County District Court.

Assistant Linn County Attorney Molly Edwards, during a hearing, asked the court to rule before trial on the admissibility a transcript from a deposition taken April 17, 2023 of Marquita Robertson Lee, 38, who Nickie Williams, 51, of Cedar Rapids, is accused of attempting to kill on July 21, 2022.

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Edwards said Lee’s whereabouts is unknown. She has been attempting to contact Lee since July 2, which is the last time Edwards confirmed Lee would be available to testify this week against Williams.

Edwards said she had called, sent text messages and emails to Lee since, and Lee hasn’t responded. Edwards also reached out to Lee’s social media profiles to no avail.

Lee has an outstanding warrant in a theft case for a probation violation, and Edwards believes Lee will fail to appear for Williams’ trial because of the warrant.

Edwards said Lee moved to Milan, Tenn. Edwards said she contacted the police there and requested a welfare check at the last known address, but Lee wasn’t there — only her husband. He indicated there was a restraining order between the two and he hadn’t seen Lee since April 10. He told police she was hiding because of the Iowa warrant.

Edwards, during the hearing, said the prosecution has made “good faith effort and went to reasonable lengths” to contact Lee for trial. A subpoena also has been issued.

Edwards argued the deposition transcript falls within an exception to the rule against using hearsay evidence. She also asked the court to allow Lee’s comments to police when they found her at the scene, which were captured on an officer’s body camera.

The defense argued the transcript shouldn’t be allowed because it violates Williams’ right to confront and cross examine the witness.

Sixth Judicial District Judge Christopher Bruns ruled that reasonable efforts were made to find Lee and her sworn testimony taken at deposition can be used at trial. If for some reason some of that testimony is inadmissible, the defense could bring those up at trial.

Williams’ jury selection will likely last all day Tuesday and testimony will start sometime Wednesday. The trial may wrap up by Friday.

According to a criminal complaint, Williams called 911 on July 21, 2023, and reported “I stabbed Marquita Robertson” — now Lee — and said he used a knife. He and Lee were living together at the time. Williams told the dispatcher that he left the scene.

When officers responded, they found Lee with a laceration to her neck several inches long. Later, it was discovered she had two stab injuries to her back, a complaint stated. She was losing blood and was unable to breathe. She told the officer who was trying to keep her awake and alert that “he killed me.”

The officer asked her who did this, she said “Nickie Ray,” according to the complaint. In the ambulance, she told another officer it was “Nickie Ray Williams” who stabbed her.

Police found a knife just outside the door where Lee was lying.

At that time of the stabbing, there was a no contact order in place against Williams, the complaint stated.

Williams is charged with attempted murder and willful injury causing serious injury, both felonies, and domestic abuse assault with a dangerous weapon and use of a dangerous weapon in commission of a crime, both aggravated misdemeanors. If convicted, he faces up to 39 years in prison.

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