5.Joanne Maltese — Direct/Cross
257 linesJUDGE EVERETT: Please call your next witness.
MS. CAPPLEMAN: The State calls Joanne Maltese.
JUDGE EVERETT: Good morning. Please raise your right hand.
COath administered)
Whereupon, JOANNE MALTESE called as a witness, having been first duly sworn, was examined and testified as follows:
DIRECT EXAMINATION BY MS. CAPPLEMAN
MS. CAPPLEMAN: Ma'am, please introduce yourself and spell your name.
JOANNE MALTESE: Joanne Maltese. J-o-a-n-n-e. And Maltese, M-a-l-t-e-s-e.
MS. CAPPLEMAN: How are you employed, ma‘am?
JOANNE MALTESE: Retired Tallahassee Police forensic specialist. I now have some businesses in Thomasville, Georgia.
MS. CAPPLEMAN: How long were you with TPD?
JOANNE MALTESE: TPD for 26 years.
MS. CAPPLEMAN: And were you with them back in 2014?
JOANNE MALTESE: Yes, I was.
MS. CAPPLEMAN: What were your duties back in 2014?
JOANNE MALTESE: 2014 I'm a forensic specialist, and my primary duties were the documentation, collection, and preservation of evidence at a crime scene.
MS. CAPPLEMAN: And what training and education did you receive to do that type of duty?
JOANNE MALTESE: At the time I had over 1,500 hours of specific crime scene training to include photography, collection, DNA, fingerprints as well as I taught at Pat Thomas Law Enforcement Academy in crime scenes as well as teaching at the police department.
MS. CAPPLEMAN: Did you respond to 2116 Trescott Drive on July 18, 2014?
JOANNE MALTESE: Yes, I did.
MS. CAPPLEMAN: And is that the scene that's shown in the photograph, State's 10, that's up on the screen right now?
JOANNE MALTESE: Yes, it is. Inside the garage.
MS. CAPPLEMAN: All right. And is that residence here in Leon County?
JOANNE MALTESE: Yes, it is.
MS. CAPPLEMAN: Okay.
MS. CAPPLEMAN: I'm gonna ask to introduce at this time, Your Honor, State's 11 through 17.
JUDGE EVERETT: Any objection?
MR. RASHBAUM: No objection, Your Honor.
JUDGE EVERETT: State's 11 through 17 are admitted at this time.
CState’s Exhibit 11 - 17 received in
evidence.)
BY MS. CAPPLEMAN
MS. CAPPLEMAN: All right. So did you photograph this vehicle as part of your duties?
JOANNE MALTESE: Yes, I did.
MS. CAPPLEMAN: All right.
MS. CAPPLEMAN: May I publish State's 11?
JUDGE EVERETT: You may.
BY MS. CAPPLEMAN
MS. CAPPLEMAN: All right. Just if you'll just kind of walk us through these photos and what you -- so what we're looking at in State's 11.
JOANNE MALTESE: This photo is the rear passenger area showing child's -- children's shoes and car seats.
MS. CAPPLEMAN: All right. Were the kids present when you were working the crime scene?
JOANNE MALTESE: No, they were not.
MS. CAPPLEMAN: State’s Exhibit 12, please.
BY MS. CAPPLEMAN
MS. CAPPLEMAN: What is this a photograph of?
JOANNE MALTESE: It's a piece of broken eyeglass that was on the floor of the garage.
MS. CAPPLEMAN: And how was the glass -- the eyeglass broken, if you know?
JOANNE MALTESE: The opticals or the lenses were located still inside of the vehicle. Just half of the eyeglass was outside, and there is damage to the nose piece of the eyeglass.
MS. CAPPLEMAN: Potentially consistent with the bullet causing the damage to the glasses?
JOANNE MALTESE: It would be consistent.
MS. CAPPLEMAN: All right. State's Exhibit 13, please.
BY MS. CAPPLEMAN
MS. CAPPLEMAN: What does this show?
JOANNE MALTESE: This is the optical or the lens of a pair of glasses located on the floorboard of the vehicle in the driver's compartment.
MS. CAPPLEMAN: State's Exhibit 14, what is this?
JOANNE MALTESE: It's gonna be a wallet found in the glove box of the vehicle.
MS. CAPPLEMAN: Was the glove box open or shut when you arrived on scene?
JOANNE MALTESE: It was closed.
MS. CAPPLEMAN: All right. State's Exhibit 15, did it appear that the box had been rifled through or that any items had been taken from the wallet?
MS. CAPPLEMAN: State's Exhibit 16, what does this show?
JOANNE MALTESE: It's gonna be the driver's side door window, the driver's door window, with a hole in the glass.
MS. CAPPLEMAN: Consistent with a bullet hole?
JOANNE MALTESE: Yes, it would be.
MS. CAPPLEMAN: State's Exhibit 17, what does this show?
JOANNE MALTESE: This is another photograph from a different angle of the same hole in the window that would be consistent with a bullet hole.
MS. CAPPLEMAN: And did you collect some physical items of evidence from the photographs that we just looked at?
JOANNE MALTESE: Yes, I did.
MS. CAPPLEMAN: Show you some of those. Start with State's Exhibit 115. Do you recognize 115?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: What is 115?
JOANNE MALTESE: It's gonna be the eyeglass frame that was from the passenger floorboard, the front passenger floorboard in the vehicle.
MS. CAPPLEMAN: And State's Exhibit 116, what is that one?
JOANNE MALTESE: 116 is gonna be other side of the eyeglass frame that was on the garage floor.
MS. CAPPLEMAN: May I publish -- I'm sorry. I would like to introduce 116 and 117.
JUDGE EVERETT: Any objection from Defense?
MR. RASHBAUM: No objection.
MS. CAPPLEMAN: Correction, for the record, Your Honor. 115 and 116.
JUDGE EVERETT: State’s 115 and 116 are admitted at this time.
(state's Exhibit 115 & 116 received in evidence.)
BY MS. CAPPLEMAN
MS. CAPPLEMAN: Moving on to 117, do you recognize 117?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: What is that?
JOANNE MALTESE: It's gonna be the lens or the optical located on the front driver's floorboard in the vehicle.
MS. CAPPLEMAN: And what about 118?
JOANNE MALTESE: 118 is gonna be a piece of the other lens or eye optical from the glasses that were on the front driver's seat.
MS. CAPPLEMAN: Are those in the same or substantially the same condition as when you impounded them?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: Judge, I‘d move into evidence 117 and 118.
JUDGE EVERETT: Any objection?
MR. RASHBAUM: No objection, Your Honor.
JUDGE EVERETT: State's 117 and 118 are admitted at this time.
(State's Exhibit 117 & 118 received in evidence.)
BY MS. CAPPLEMAN
MS. CAPPLEMAN: And 119, if you could tell us what that is, please?
JOANNE MALTESE: 119 is going to be the wallet and its contents other than the cash that I had to take out. It was located in the glove box.
MS. CAPPLEMAN: Is that item in the same or substantially the same condition as well?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: May I move into evidence State's 119, Your Honor?
JUDGE EVERETT: Any objection?
MR. RASHBAUM: No objection.
JUDGE EVERETT: 119 is admitted.
(state's Exhibit 119 received in evidence.)
MS. CAPPLEMAN: May I publish?
JUDGE EVERETT: You may.
BY MS. CAPPELMAN:
MS. CAPPLEMAN: And whose driver's license was in the wallet, State's Exhibit 119?
JOANNE MALTESE: Daniel Markel.
MS. CAPPLEMAN: Showing you State's Exhibit 120, do you recognize this item?
JOANNE MALTESE: Yes, I do.
MS. CAPPLEMAN: What is this item?
JOANNE MALTESE: It's gonna be the actual glass from the driver's door.
MS. CAPPLEMAN: And how were you able to remove the glass and package it in this way?
JOANNE MALTESE: Due to the glass being broken, I used clear tape and lined the entire inside and outside of the glass prior to taking it out so it would stay together.
MS. CAPPLEMAN: Is it in the same condition as when you impounded it that day?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: Judge, move into evidence State's 120.
JUDGE EVERETT: Any objection?
MR. RASHBAUM: No objection.
JUDGE EVERETT: State's 120 is admitted.
(State's Exhibit 120 received in evidence.)
MS. CAPPLEMAN: May I publish?
JUDGE EVERETT: You may.
BY MS. CAPPLEMAN
MS. CAPPLEMAN: Which way does it go?
JOANNE MALTESE: This is gonna be inside that you're looking at.
MS. CAPPLEMAN: In reference to the picture like this?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: Next I'm showing you State's Exhibit 121. Do you know what this item is?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: What is that item?
JOANNE MALTESE: This item is a fragment of glass that was taken off of Mr. Markel's face at the hospital.
MS. CAPPLEMAN: Did you respond to the hospital?
JOANNE MALTESE: Yes, I did.
MS. CAPPLEMAN: What were your duties at the hospital?
JOANNE MALTESE: I arrived at the hospital to document the condition, collect clothing, swabs, and any evidence from Mr. Markel.
MS. CAPPLEMAN: All right. As part of that, did you photograph mr. Markel in the hospital?
JOANNE MALTESE: Yes, I did.
MS. CAPPLEMAN: All right. Move into evidence State's 22, 23, and 24, Your Honor.
JUDGE EVERETT: Any objection?
MR. RASHBAUM: No objection, Your Honor.
JUDGE EVERETT: State's 22, 23, and 24 are admitted.
(State's Exhibit 22, 23, 24 received in evidence.)
MS. CAPPLEMAN: One moment, please, Your Honor.
Yes, Your Honor, at this time I'd ask to publish State's 22.
JUDGE EVERETT: You may.
BY MS. CAPPLEMAN
MS. CAPPLEMAN: This was the condition Mr. Markel was in at the hospital?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: How long after you arrived at the scene, the crime scene, were these photos taken at the hospital, if you know?
JOANNE MALTESE: The crime scene I arrived at around 11:30 in the morning, and then these photos would have been taken around 12:30, so an hour later.
MS. CAPPLEMAN: Okay. And Mr. Markel was still alive at that time?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: All right. Please publish State's 23.
BY MS. CAPPLEMAN
MS. CAPPLEMAN: Why did you take this photo?
JOANNE MALTESE: This photo I'm documenting a dark area on his foreman which is consistent with stippling?
MS. CAPPLEMAN: And are you referring to this area here in the photo?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: And what is stippling?
JOANNE MALTESE: Stippling -- stippling is when you're in close contact or close area of a gunshot blast or a gun going off, and the gun powder that is exiting from the gun comes out at a high speed, and it will stain or tattoo your skin.
MS. CAPPLEMAN: All right. So the indication is potentially a close proximity of the muzzle of the firearm at the time of firing?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: All right. Publishing State's Exhibit 24. Is this a closeup of that stippling that you described?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: All right. And once Mr. Markel was pronounced deceased, did you go to the autopsy?
JOANNE MALTESE: No, I did not.
MS. CAPPLEMAN: Okay. I have a couple other photos to show you in reference to your work on this case. This is 18 through 21. Do you recognize these photos?
JOANNE MALTESE: Yes, I do.
MS. CAPPLEMAN: And what are these photos of?
JOANNE MALTESE: These photos were taken at the Tallahassee Police Department. I was requested to document a vehicle there.
MS. CAPPLEMAN: What type of vehicle was that?
JOANNE MALTESE: It was a 2007 Honda Odyssey van.
MS. CAPPLEMAN: All right. And was that Wendi Adelson's vehicle?
JOANNE MALTESE: Yes, it was.
MS. CAPPLEMAN: All right.
MS. CAPPLEMAN: Move to introduce 18 through 21, Your Honor.
JUDGE EVERETT: Any objection?
MR. RASHBAUM: Let me just see what they are,
No objection, Your Honor.
JUDGE EVERETT: State's 18 through 21 are admitted.
(State's Exhibit 18-21 received in evidence.)
MS. CAPPLEMAN: May I publish?
JUDGE EVERETT: You may.
MS. CAPPLEMAN: All right. Publish 18, please,
BY MS. CAPPLEMAN
MS. CAPPLEMAN: All right. This is just the exterior of the vehicle?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: Okay. 19, please.
All right. Next photo. 20.
BY MS. CAPPLEMAN
MS. CAPPLEMAN: Was this a receipt from a purchase that was made the day of the homicide?
JOANNE MALTESE: Yeah.
MS. CAPPLEMAN: Okay. You photographed that there inside the vehicle?
JOANNE MALTESE: Yes, I did. Front passenger seat.
MS. CAPPLEMAN: And next photo, 21.
BY MS. CAPPLEMAN
MS. CAPPLEMAN: Is that a close-up of the receipt?
JOANNE MALTESE: Yes, it is.
MS. CAPPLEMAN: And where was the purchase made?
JOANNE MALTESE: The purchase was made at ABC Fine Wine & Spirits.
MS. CAPPLEMAN: On what day and time was the purchase made?
JOANNE MALTESE: 7/18 of 2014 at 12:49 p.m.
MS. CAPPLEMAN: Okay.
MS. CAPPLEMAN: No further questions.
JUDGE EVERETT: Cross-examination?
MR. RASHBAUM: Very briefly.
CROSS-EXAMINATION BY MR. RASHBAUM
MR. RASHBAUM: Good afternoon.
JOANNE MALTESE: Good afternoon.
MR. RASHBAUM: When you arrived on the scene, it was taped off; correct?
JOANNE MALTESE: Yes.
MR. RASHBAUM: And the tape was approximately five or six properties to either side?
JOANNE MALTESE: correct.
MR. RASHBAUM: So either side of the residence; right?
JOANNE MALTESE: Yes.
MR. RASHBAUM: Now, going back to Exhibit 20 --
MR. RASHBAUM: Can I put Exhibit 20 on the screen?
BY MR. RASHBAUM
MR. RASHBAUM: This is a picture that you took?
JOANNE MALTESE: Yes.
MR. RASHBAUM: And it's a picture of Bulleit whiskey; is that right?
JOANNE MALTESE: Bulleit Rye Whiskey, yes.
MR. RASHBAUM: Is there a reason why you took this picture?
JOANNE MALTESE: I was requested to take a photo of it.
MR. RASHBAUM: who requested you to take it?
JOANNE MALTESE: Investigators that were there with me. And I would have also photographed everything in the vehicle.
MR. RASHBAUM: And this came out of Wendi Adelson's car?
JOANNE MALTESE: Yes.
MR. RASHBAUM: Are you aware that Wendi Adelson was invited to a party where she was asked to bring Bulleit Bourbon, Bulleit Whiskey?
JOANNE MALTESE: No, I was not.
MR. RASHBAUM: You didn't try to do investigation into that?
JOANNE MALTESE: I do crime scene. I'm not an investigator.
MR. RASHBAUM: Now, going to Exhibit 21 -- going to 21, can you tell when the purchase occurred at ABC?
JOANNE MALTESE: when it occurred?
MR. RASHBAUM: At what time?
JOANNE MALTESE: According to the receipt, it's 12:49 and 13 seconds.
MR. RASHBAUM: Okay. And you see that right under the words "regular sale"?
JOANNE MALTESE: Yes.
MR. RASHBAUM: I have no further questions, Your Honor.
JUDGE EVERETT: Any redirect examination?
MS. CAPPLEMAN: No, Your Honor.
JUDGE EVERETT: Is the witness released?
MS. CAPPLEMAN: Yes.
JUDGE EVERETT: Have a good day.
(witness excused)
JUDGE EVERETT: At this point we are going to take our lunch break.
Member of the jury, you've heard this instruction from me several times. I'm going to add yet another log to the fire.
Do not discuss this case with each other or anyone else or look at any of the news reports or find any information concerning this matter. If you choose to have your lunch together, you certainly may. Again, the only prohibition is you're not to discuss the case itself.
You will need to return by 1:15, and at that point we will resume with the trial as quickly as possible. Enjoy your break.
(The jury exited the courtroom.)
JUDGE EVERETT: Everyone can be seated.
The parties will need to be back by 1:10. From there we'll just be waiting on the jurors to be settled and come back out, and we'll resume with the testimony.
MS. CAPPLEMAN: Judge, I'm gonna advise there will be an objection to the photos with the next exhibit. Would you like to take that up mow or when we get back at 1:10?
JUDGE EVERETT: Let's go ahead and deal with it now.
MS. CAPPLEMAN: The next witness is the medical examiner, and the State intends to publish State's Exhibits 25 through 34.
May I approach, Your Honor?
JUDGE EVERETT: You may.
What is the defense's objection concerning the exhibits?
MR. RASHBAUM: Judge, they're cumulative and prejudicial. we're not disputing the murder. They've already put in one picture. We don't see the need to put in -- I think it's 10 or 12 more.
JUDGE EVERETT: You're conceding element one of the murder charge?
MR. RASHBAUM: We're conceding that Professor Markel was murdered and that he died.
JUDGE EVERETT: State, response?
MS. CAPPLEMAN: With all due respect, Your Honor, the State still has the obligation to prove each element and has the right to do so through these photographs and the testimony of Dr. Clark.
MR. RASHBAUM: They've already proved it.
JUDGE EVERETT: Mr. Rashbaum, we're not going tit for tat. Is there anything else that you need to raise that has not been already?
MR. RASHBAUM: No, Your Honor.
JUDGE EVERETT: Very well.
As to the evidence being cumulative, I'm going to overrule as to that objection. I will permit the State to admit these items with a proper foundation through the doctor. The doctor will be permitted to testify as to the manner and method of the homicide and document his findings.
we'll be in recess until 1:10. Enjoy your break.
CLunch recess taken.)