2.Bill Brannon — Direct/Cross/Redirect
173 linesJUDGE EVERETT: Everyone can be seated.
State, please call your next witness.
MS. CAPPLEMAN: State calls officer Brannon.
JUDGE EVERETT: Please raise your right hand, sir.
WHEREUPON, BILL BRANNON was called as a witness, having first been duly sworn to speak the truth, whole truth, and nothing but the truth, was examined and testified as follows:
BILL BRANNON: I do.
JUDGE EVERETT: You may take your seat.
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: could you please introduce yourself and spell your name.
BILL BRANNON: officer Brannon, number 510, B-r-a-n-n-o-n, with Tallahassee Police Department.
MS. CAPPLEMAN: How long have you been with TPD?
BILL BRANNON: Approaching 25 years. And I was with FSU PD for a couple years prior to that.
MS. CAPPLEMAN: Did you go to the scene in this case on July 18, 2014?
BILL BRANNON: Yes, ma'am.
MS. CAPPLEMAN: what was your function there on Trescott Drive?
BILL BRANNON: I ended up writing the primary report.
MS. CAPPLEMAN: All right. What is -- what is a primary report?
BILL BRANNON: Just the initial report of the basics of, you know, what had occurred.
MS. CAPPLEMAN: Okay. And as part of your duties out there at the scene, did you maintain the crime scene integrity of the crime scene?
BILL BRANNON: Yes.
MS. CAPPLEMAN: How did you do that?
BILL BRANNON: We set up a perimeter, and once we established the perimeter around the crime scene, I was guarding the north end of it.
MS. CAPPLEMAN: what was the crime scene? Can you describe it for us?
BILL BRANNON: It was on Trescott Drive, and basically, we blocked off the road three or four houses to the north and to the south.
MS. CAPPLEMAN: Okay. So that whole area was considered the crime scene, and only law enforcement was entering or exiting until you were done?
BILL BRANNON: Yes, ma'am.
MS. CAPPLEMAN: All right. When you arrived there, who was present on the scene from law enforcement or --
BILL BRANNON: Sergeant Sims was the first one on scene, and then --
MS. CAPPLEMAN: Okay. Was EMS there by the time you got there, or did they arrive after you arrived?
BILL BRANNON: They were already there also.
MS. CAPPLEMAN: Okay. Did you participate in clearing the residence there at Trescott?
BILL BRANNON: Yes.
MS. CAPPLEMAN: Was there any evidence of a struggle or a robbery present at the scene?
BILL BRANNON: In the garage.
MS. CAPPLEMAN: Okay. What was that? There's evidence of a robbery in the garage?
BILL BRANNON: Of an incident, a violent incident.
MS. CAPPLEMAN: Compound question, I'm sorry.
So there was some broken glass there?
BILL BRANNON: Yes, ma'am. I observed broken glass on the floor and inside of the vehicle.
MS. CAPPLEMAN: All right. But no evidence of anything that had intruded into the home?
BILL BRANNON: No.
MS. CAPPLEMAN: Okay. AS part of maintaining a crime scene perimeter, is crime scene tape put up across the road?
BILL BRANNON: Yes.
MS. CAPPLEMAN: Did you participate in doing that?
BILL BRANNON: I believe so, yes, ma'am.
MS. CAPPLEMAN: And I think you said it was a couple houses down in each direction is where the tape was placed?
BILL BRANNON: Yes.
MS. CAPPLEMAN: And where were you physically positioned?
BILL BRANNON: My patrol car was blocking the roadway.
MS. CAPPLEMAN: All right. And were you on the -- don't use north and south because that'll be lost on me. Were you closest on the side of the scene closest to Centerville Road or closest to the other side of Trescott?
BILL BRANNON: Closer to Centerville.
MS. CAPPLEMAN: All right. I'm going to show you an aerial map that I've marked as State's Exhibit 125.
Do you recognize 125?
BILL BRANNON: Yes.
MS. CAPPLEMAN: Is that a fair and accurate map that includes the scene in this case?
BILL BRANNON: Yes, ma'am.
MS. CAPPLEMAN: Does it include the position that you were in at the crime scene tape?
BILL BRANNON: Yes. It would have been somewhere right up in that area.
MS. CAPPLEMAN: Permission to publish one-twenty -- introduce and publish 125, Your Honor.
MR. RASHBAUM: Can I see it? Can I see it?
JUDGE EVERETT: So we can keep this moving, Mr. Rashbaum, are you objecting to 125?
MR. RASHBAUM: Yes, I am, Your Honor.
JUDGE EVERETT: Please approach.
(Bench conference held as follows: )
JUDGE EVERETT: What are the grounds for the objection?
MR. RASHBAUM: Richardson.
JUDGE EVERETT: So this was never provided to the defense previously?
MS. CAPPLEMAN: It was not, Your Honor. There was a similar aerial map provided, but this one's a little wider range than the one that was previously introduced.
JUDGE EVERETT: Very well. If the State intends to use this in a substantive manner, we will need to go through the Richardson hearing unless you can use the other exhibit.
MS. CAPPLEMAN: Will you grab the other exhibit, please? It's on the clerk's table.
Yeah, we'll need to go through the hearing, Judge.
JUDGE EVERETT: Very well.
MR. RASHBAUM: Use the exhibit. I just need to know what she was doing with it. That's what we were discussing. You can use the exhibit.
JUDGE EVERETT: Okay. So you're withdrawing any request for a Richardson inquiry?
MR. RASHBAUM: Yes, Your Honor.
JUDGE EVERETT: Do you have any objection to this being admitted, then?
MR. RASHBAUM: No, Your Honor.
JUDGE EVERETT: Very well.
(Bench conference concluded.)
JUDGE EVERETT: State's 125 is admitted at this time. The defense has withdrawn any objection.
You may continue with your examination.
(State's Exhibit No. 125 received in evidence.)
MS. CAPPLEMAN: May I publish?
JUDGE EVERETT: You may.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. So can you explain for the jury where the road block was that you were positioned out at the crime scene?
BILL BRANNON: That blue dot right there is the victim's residence. I would have been somewhere right in that area.
MS. CAPPLEMAN: And can you show us in relation to that where Centerville intersects with Trescott?
BILL BRANNON: Over here.
MS. CAPPLEMAN: All right. So if you were to turn onto Trescott from Centerville, can you just kind of show us with your light the route of travel from Centerville to the road block?
BILL BRANNON: Comes around here, up and back around.
MS. CAPPLEMAN: Okay. Would you have been able to see the road block from the intersection of Centerville and Trescott?
BILL BRANNON: A. No.
MS. CAPPLEMAN: If you had just started to turn onto Trescott and then re-routed back onto Centerville, would you have been able to see the road block that way?
BILL BRANNON: No. You'd have to go a considerable amount around.
MS. CAPPLEMAN: Okay. And from the road block where you were positioned, could you see the crime scene?
BILL BRANNON: Yes.
MS. CAPPLEMAN: And you mentioned that there was EMS and other law enforcement there. Were there law enforcement -- marked law enforcement vehicles in the driveway and roadway directly in front of the crime scene?
BILL BRANNON: when I was on the perimeter position, I know there was a lot of investigators and crime scene vehicles. I don't remember if any of the marked patrol cars were in front of the residence. They may have been.
MS. CAPPLEMAN: Okay. So what type of vehicles were out there? what -- can you describe what sort of activity was happening at the Markel residence when you were at the perimeter?
BILL BRANNON: Basically, investigators and the crime scene techs taking care of their portion. And crime scene tech vehicle are marked "police" and have lights on them and stuff.
MS. CAPPLEMAN: All right. So would it have been obvious to someone approaching your position in a vehicle that there was activity -- law enforcement activity going on at that residence?
BILL BRANNON: It seems -- seems likely.
MR. RASHBAUM: Objection, Your Honor. Move to strike.
JUDGE EVERETT: What are the grounds?
MR. RASHBAUM: Guessing. Speculation.
JUDGE EVERETT: Sustained as to speculation.
You may continue.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: I'm going to approach and show you what's been introduced into evidence -- well, I'll just publish 18.
Do you recognize this vehicle?
BILL BRANNON: It looks like a vehicle that I saw approaching the scene that day.
MS. CAPPLEMAN: I'm sorry. Will you repeat your answer?
BILL BRANNON: It appears to be a vehicle that I saw approaching the scene that day.
MS. CAPPLEMAN: All right. And this vehicle, are you familiar particularly with the make and model of this particular vehicle?
BILL BRANNON: Yes. My wife drove a -- well, we still have it. My daughter drives it now -- 2006 Honda Odyssey.
MS. CAPPLEMAN: so at the time, you had in your family this same type of vehicle?
BILL BRANNON: Yes.
MS. CAPPLEMAN: And did you know at the time that wendi Adelson drove this type of vehicle?
BILL BRANNON: Yes.
MS. CAPPLEMAN: All right. So you noticed this vehicle or a vehicle identical to this one approach your position?
BILL BRANNON: Yes, ma'am.
MS. CAPPLEMAN: And what did the vehicle do when it approached your position?
BILL BRANNON: Just stopped pretty quick and turned around and headed back in the other direction.
MS. CAPPLEMAN: Did the driver stop and inquire of you what the activity was at the Markel residence?
BILL BRANNON: No.
MS. CAPPLEMAN: Do you know what time of day that was that you observed this vehicle approach the road block?
BILL BRANNON: Some time a little after noon. Probably around closer to one.
MS. CAPPLEMAN: And just to clarify, were there any other road blocks between where you were positioned and encountered this vehicle and this Centerville intersection?
BILL BRANNON: No.
MS. CAPPLEMAN: No further questions.
JUDGE EVERETT: Cross-examination?
CROSS EXAMINATION BY MR. RASHBAUM:
MR. RASHBAUM: Officer Brannon, good morning.
BILL BRANNON: Good morning.
MR. RASHBAUM: So I want to get a little bit more precise. Do you know how many -- do you know how many houses the tape was away from? Because we -- we just heard a couple; we heard maybe three. Do you know how many houses it was?
BILL BRANNON: I don't know exactly. I'm approximating three or four houses.
MR. RASHBAUM: Do you know a Forensic Specialist Maltese?
BILL BRANNON: I'm familiar.
MR. RASHBAUM: She testified that it was five to six houses away. Could that be correct?
BILL BRANNON: could be.
MR. RASHBAUM: Okay. You said that you saw the Honda Odyssey approach in the afternoon and you said it was closer to one. Do you recall testifying to that?
BILL BRANNON: I believe so, yes.
MR. RASHBAUM: Okay. Are you aware that cell phone data puts that car on the outer perimeter later, meaning after 12:30 p.m.?
BILL BRANNON: I'm not familiar with any of that.
MR. RASHBAUM: But it would be consistent with your memory that it was closer to one o'clock, right?
BILL BRANNON: It appears to be, but it's been nine years.
MR. RASHBAUM: And when that car left, you're aware that the ambulance was already gone, right?
BILL BRANNON: I believe so, yes.
MR. RASHBAUM: Could you see that the driver of the car was on the phone --
BILL BRANNON: No.
MR. RASHBAUM: -- at the time that she approached?
BILL BRANNON: No.
MR. RASHBAUM: May I have one moment, Your Honor?
JUDGE EVERETT: Take your time.
(A pause in the proceeding.)
MR. RASHBAUM: No further questions, Your Honor.
JUDGE EVERETT: Any redirect examination?
Does the State have any redirect examination?
MS. CAPPLEMAN: Yes, Your Honor.
REDIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: So when the mini van approached, there was -- there was crime scene tape and your law enforcement vehicle in the roadway; is that correct?
BILL BRANNON: Yes ma'am.
MS. CAPPLEMAN: And beyond that, now I guess we're three to five houses down? How many --
BILL BRANNON: I don't know exactly.
MS. CAPPLEMAN: what's your best estimate?
BILL BRANNON: My best estimate was three or four.
MS. CAPPLEMAN: Okay. So three or four houses down from that tape is this law enforcement activity; is that right?
BILL BRANNON: Correct.
MS. CAPPLEMAN: All right. And would the driver, however far away it was, have been able to see that law enforcement activity at the residence?
MR. RASHBAUM: Objection.
JUDGE EVERETT: What is the objection?
MR. RASHBAUM: Speculation.
JUDGE EVERETT: I'll allow him to answer if he has a memory of this.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: You were there, right?
BILL BRANNON: I was able to see it from my perspective.
MS. CAPPLEMAN: Okay. Nothing further.
JUDGE EVERETT: You may step down, Officer Brannon.
will he be recalled by any party?
MS. CAPPLEMAN: No, sir.
MR. RASHBAUM: No, Your Honor.