5.Joanne Maltese — Direct/Cross
181 linesJUDGE EVERETT: Thank you.
Please call your next witness.
MS. CAPPLEMAN: Joanne Maltese.
JUDGE EVERETT: Please raise your right hand.
whereupon, JOANNE MALTESE was called as a witness, having been first duly sworn, was examined and testified as follows:
JOANNE MALTESE: Yes, I do.
JUDGE EVERETT: You may take your seat. Please speak loudly and clearly for the jurors.
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Please introduce yourself and spell your name.
JOANNE MALTESE: My name is Joanne Maltese. Joanne, J-O-A-N-N-E, and Maltese, M-A-L-T-E-S-E.
MS. CAPPLEMAN: Are you employed, ma'am?
JOANNE MALTESE: yes, I am.
MS. CAPPLEMAN: Are you employed as law enforcement -- in law enforcement?
JOANNE MALTESE: I'm a retired Tallahassee Police forensic specialist.
MS. CAPPLEMAN: How long have you been retired from -- it's Tallahassee Police Department, right?
JOANNE MALTESE: Yes. A little over eight years.
MS. CAPPLEMAN: what were your duties when you were employed there?
JOANNE MALTESE: Duties as a forensic specialist is the documentation, collection, and preservation of evidence of a crime scene.
MS. CAPPLEMAN: How long did you do that type of work?
JOANNE MALTESE: Done that work for probably 15 years.
MS. CAPPLEMAN: Okay. And were you doing it back on July 18th of 2014?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: As part of your job, did you respond to 2-1-1-6 Trescott Drive on that date?
JOANNE MALTESE: Yes, I did.
MS. CAPPLEMAN: All right. And what was your job once you arrived at that particular scene?
JOANNE MALTESE: That particular day, I was called to document and collect evidence at a crime scene.
MS. CAPPLEMAN: Publish 10, please.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Is this the scene that you're referencing?
JOANNE MALTESE: Yes, it is.
MS. CAPPLEMAN: All right. I'm going to approach and show you State's 11 through 17, as well. I'll just have you look through those and tell me if you recognize them.
JOANNE MALTESE: Yes, I do.
MS. CAPPLEMAN: How do you recognize them?
JOANNE MALTESE: I took these photographs at the scene.
MS. CAPPLEMAN: All right. Judge, at this time, I'd ask to move into evidence State's 11 through 17.
MS. FULFORD: No objection.
JUDGE EVERETT: Eleven through 17 are admitted.
(State's Exhibit Nos. 11 through 17 received in evidence.)
MS. CAPPLEMAN: Publish 11, please.
Publish 12, please.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Did you collect the eyeglasses shown in State's Exhibit 12?
JOANNE MALTESE: Yes, I did.
MS. CAPPLEMAN: Okay. That appears to be half of a pair of eyeglasses. Did you collect both halves?
JOANNE MALTESE: Yes, I did.
MS. CAPPLEMAN: I'm going to show you what I've marked as State's 121 and 122. Do you recognize those?
JOANNE MALTESE: Yes, I do.
MS. CAPPLEMAN: That is the two halves of eyeglasses collected from this crime scene?
JOANNE MALTESE: Yes, they are.
MS. CAPPLEMAN: Judge, at this time, I'd ask to move into evidence State's 122 and 123.
JUDGE EVERETT: Any objection?
MR. ZELMAN: No, Your Honor.
JUDGE EVERETT: State's 122 and 123 are admitted.
(State's Exhibit Nos. 122, 123 received in evidence.)
MS. CAPPLEMAN: Publish the next exhibit, please.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Did you collect this eyeglass lens?
JOANNE MALTESE: Yes, I did.
MS. CAPPLEMAN: where was it located?
JOANNE MALTESE: I believe that one was the floorboard of the driver's area.
MS. CAPPLEMAN: Was there another piece of eyeglass lens also collected --
JOANNE MALTESE: Yes, there was.
MS. CAPPLEMAN: -- by you that day?
JOANNE MALTESE: Yes, there was.
MS. CAPPLEMAN: Okay. Where was that piece found?
JOANNE MALTESE: That was -- the other optical was on the driveway -- or, I'm sorry, the garage floor right below the driver's area.
MS. CAPPLEMAN: Showing you 123 and 124. Are these the two pieces of lens that you collected that day?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: Move into evidence 123 and 124.
JUDGE EVERETT: Any objection?
MR. ZELMAN: No, Your Honor.
JUDGE EVERETT: State's 123 and 124 are admitted.
(State's Exhibit Nos. 123, 124 received in evidence.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Did you take any swabs or attempt to get any fingerprints from the scene?
JOANNE MALTESE: Yes, I did.
MS. CAPPLEMAN: And what efforts were made on those fronts?
JOANNE MALTESE: I processed the entire exterior of the vehicle for fingerprints. There was an area that was lifted, but it did not have fingerprints of value to compare.
As far as the swabbing, all of the exterior and interior door handles, as well as a phone that was collected, and the doorknob from the garage to the interior of the house.
MS. CAPPLEMAN: what were the results of those efforts?
JOANNE MALTESE: Those I would not know. It would be sent to FDLE lab for analysis.
MS. CAPPLEMAN: Did you find any fingerprints of value to send to FDLE lab?
JOANNE MALTESE: No, I did not.
MS. CAPPLEMAN: Publish State's 14, please.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Approaching with State's 125. Do you recognize 125?
JOANNE MALTESE: Yes, I do.
MS. CAPPLEMAN: what is this item?
JOANNE MALTESE: This is going to be a brown wallet with its contents, that were found in the glove box of the vehicle.
MS. CAPPLEMAN: All right. And did the wallet contain Dan Markel's driver's license?
JOANNE MALTESE: Yes, it did.
MS. CAPPLEMAN: And in the exhibit there's no cash, but there's some cash pictured in the photograph?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: Was there cash that was seized, as well?
JOANNE MALTESE: Yes, there was.
MS. CAPPLEMAN: All right. So, based on this, didn't appear there was any effort to take Mr. Markel's belongings?
JOANNE MALTESE: Correct.
MS. CAPPLEMAN: Okay. Any evidence that the house was broken into or anything was taken from the house?
JOANNE MALTESE: Not that I could determine.
MS. CAPPLEMAN: Publish State's 16, please. And 17.
And then back to 16, if you would.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: what efforts were made to document this -- what -- what is it that we're looking at?
JOANNE MALTESE: we're looking at the front driver's door window. That was shattered with a hole in it.
MS. CAPPLEMAN: Okay. And what did you do to try to document this?
JOANNE MALTESE: The glass was very fragile because it was broken. So prior to doing anything to it, besides fingerprinting, I would have put clear tape on both sides, the interior and the exterior, just to hold it in place for transportation and collection.
MS. CAPPLEMAN: Now I'm approaching with what I've marked as State's 126. Is this the glass that you were able to remove from the vehicle?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: Is it in the same or substantially the same condition as when you seized it?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: Move into evidence State's 126.
JUDGE EVERETT: Any objection?
MR. ZELMAN: No, Your Honor.
JUDGE EVERETT: State's 126 is admitted.
(State's Exhibit No. 126 received in evidence.)
MS. CAPPLEMAN: May I publish?
JUDGE EVERETT: You may.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: And the glass evidence, is that consistent with a gunshot?
JOANNE MALTESE: Yes, it is.
MS. CAPPLEMAN: All right. Did you, as part of your job, have an occasion to photograph wendi Adelson's vehicle?
JOANNE MALTESE: Yes, I did.
MS. CAPPLEMAN: was that done the same day that you collected this other evidence?
JOANNE MALTESE: Yes, it was.
MS. CAPPLEMAN: where did you photograph her vehicle?
JOANNE MALTESE: Her vehicle was towed to the Tallahassee Police Department.
MS. CAPPLEMAN: I'm going to approach and show you what I've marked as State's Exhibits 18 through 21. Do you recognize 18 through 21?
JOANNE MALTESE: Yes, I do.
MS. CAPPLEMAN: Are those the photos you took of Ms. Adelson's vehicle?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: Move into evidence 18 through 21.
JUDGE EVERETT: Any objection?
MR. ZELMAN: No, Your Honor.
JUDGE EVERETT: State's 18 through 21 is admitted.
(State's Exhibit Nos. 18 through 21 received in evidence.)
MS. CAPPLEMAN: Publish State's 18, please.
Publish 19. Publish 20.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: what is this item?
JOANNE MALTESE: This was on the front passenger seat of the vehicle. And it is a bottle of alcohol and a receipt.
MS. CAPPLEMAN: All right. And did you take a closer photo of the receipt?
MS. CAPPLEMAN: State's 21, please.
JOANNE MALTESE: Yes.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: And what does that show about when the alcohol was purchased?
JOANNE MALTESE: On 7/18 of 2014 at 12:49, from ABC Fine Liquor and Spirits -- or Fine Wine and Spirits.
MS. CAPPLEMAN: Did you also go to the hospital?
JOANNE MALTESE: Yes, I did.
MS. CAPPLEMAN: what were you asked to do at the hospital?
JOANNE MALTESE: Document and collect any evidence.
MS. CAPPLEMAN: At the time that you responded to the hospital, was Mr. Markel deceased or still alive?
JOANNE MALTESE: He was still alive.
MS. CAPPLEMAN: I'm going to approach and show you what I've marked as State's Exhibits 22 through 24. Do you recognize these exhibits?
JOANNE MALTESE: Yes, I do.
MS. CAPPLEMAN: How do you recognize them?
JOANNE MALTESE: I took those photographs at the hospital.
MS. CAPPLEMAN: Are they fair and accurate photos of how Mr. Markel looked that day?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: Move into evidence State's Exhibits 22, 23, and 24, Your Honor.
JUDGE EVERETT: Any objection?
MR. ZELMAN: No, Your Honor.
JUDGE EVERETT: State's 22, 23, and 24 are admitted.
(State's Exhibits 22, 23, 24 received in evidence.)
MS. CAPPLEMAN: Publish 22, please.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: This is how Mr. Markel appeared?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: And this was done on the 18th?
JOANNE MALTESE: Yes. Yes.
MS. CAPPLEMAN: Publish the next exhibit, please.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: This is 23. why did you take this photograph?
JOANNE MALTESE: For the darkened area on his forearm.
MS. CAPPLEMAN: why was that of significance?
JOANNE MALTESE: That is consistent with stippling.
MS. CAPPLEMAN: what is stippling?
JOANNE MALTESE: Stippling is being in close contact to a firearm that was discharged. And it's going to be the unburnt gunpowder and gases that leave the barrel of a gun at a high velocity. And it will tattoo or stain the skin.
MS. CAPPLEMAN: State's Exhibit 24, please.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Is this another effort to capture that stippling that you observed?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: No further questions.
JUDGE EVERETT: Cross-examination?
MR. ZELMAN: No questions, Your Honor.
JUDGE EVERETT: Very well. Ms. Maltese, you may step down.
MS. CAPPLEMAN: This witness is excused, Your Honor.