4.Bill Brannon — Direct/Cross
152 linesMS. DUGAN: We have one very brief witness that we could do and be done for the day.
JUDGE EVERETT: Please call your witness.
MS. DUGAN: State calls Bill Brannon.
JUDGE EVERETT: Officer, please raise your right hand.
whereupon, BILL BRANNON was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE EVERETT: You may take your seat. Please speak loudly and clearly.
DIRECT EXAMINATION BY MS. DUGAN:
MS. DUGAN: will you introduce yourself to the jury and spell your name for our court reporter, please?
BILL BRANNON: I'm Officer Brannon, number 510, with the Tallahassee Police Department. B-R-A-N-N-O-N.
MS. DUGAN: And where do you -- oh, you said you work at TPD. And how long have you been with TPD?
BILL BRANNON: Twenty-six years, and I was with FSU PD for a couple years prior to that.
MS. DUGAN: Okay. Now, did you respond to a crime scene on Trescott Drive on July 18th of 2014?
BILL BRANNON: Yes.
MS. DUGAN: And what time did you arrive?
BILL BRANNON: Approximately 11:15.
MS. DUGAN: And when you arrived, was EMS and some other TPD officers already there?
BILL BRANNON: Yes.
MS. DUGAN: Was your role maintaining a crime scene perimeter that day on Trescott Drive?
BILL BRANNON: That was one of the goals, yes.
MS. DUGAN: Tell me about that. what does maintaining a crime scene perimeter mean?
BILL BRANNON: Just keeping people out. Redirecting traffic.
MS. DUGAN: So are you putting up crime scene tape, then?
BILL BRANNON: Yes.
MS. DUGAN: And making sure nobody comes in or out, no cars come through?
BILL BRANNON: Correct.
MS. DUGAN: So where was the crime scene tape on Trescott Drive that you were located next to?
BILL BRANNON: I was a little ways north of the incident location on Trescott.
MS. DUGAN: I want to -- and when you were next to the crime scene tape, were you seated in your marked vehicle?
BILL BRANNON: Yes.
MS. DUGAN: And at that time, looking south down towards the incident location, was there EMS and marked police cars there in front of the Markel residence at the time?
BILL BRANNON: EMS had already left the scene by the time I was in that position, but there was investigators, other officers, and crime scene units.
MS. DUGAN: And when I say, marked, as in your car is marked and their cars are marked, like TPD insignia, what we would typically see as a police car?
BILL BRANNON: Yes.
MS. DUGAN: Did I show you before court today a map that is marked as State's Exhibit 87?
BILL BRANNON: Yes.
MS. DUGAN: And was that map a true and accurate depiction of where you were stationed that day and of Trescott Drive and of the Markel residence on that road?
BILL BRANNON: I believe so.
MS. DUGAN: Judge, at this time I would move into evidence State's Exhibit 87.
MS. FULFORD: No objection.
JUDGE EVERETT: State's 87 is admitted.
(State's Exhibit 87 received in evidence.)
MS. DUGAN: Permission to publish?
JUDGE EVERETT: You may.
BY MS. DUGAN:
MS. DUGAN: Okay. So looking here at this map, is this Thomasville Road right here --
BILL BRANNON: Yes.
MS. DUGAN: -- where I'm pointing? Okay. And is this orange arrow ABC Liquors?
BILL BRANNON: I believe so.
MS. DUGAN: This is Betton Road?
BILL BRANNON: Yep.
MS. DUGAN: All right. And then is this road over here Centerville Road?
BILL BRANNON: Yes.
MS. DUGAN: And the hospital would be somewhere in this area?
BILL BRANNON: Correct.
MS. DUGAN: Okay. So this yellow line, is this yellow line Trescott Drive?
BILL BRANNON: Yes, ma'am.
MS. DUGAN: And does the blue arrow show where the Markel residence, 2116 Trescott Drive, was?
BILL BRANNON: Yes.
MS. DUGAN: Can you show me where you were located next to the crime scene tape making sure no cars came by the crime scene?
BILL BRANNON: Approximately where the little yellow marking was right there.
MS. DUGAN: Right where it says, roadblock?
BILL BRANNON: Yep.
MS. DUGAN: with the arrow? Okay. Now, from where you were stationed here at the crime scene tape, could you clearly see all of the marked police cars in front of the Trescott residence?
BILL BRANNON: Yes.
MS. DUGAN: And your marked police car was right there where we see the arrow as well?
BILL BRANNON: Correct.
MS. DUGAN: If I'm turning onto Trescott Drive from Centerville Road, would I be able to see any of the activity over here from here or from this area on Trescott Drive?
BILL BRANNON: No, not back over there.
MS. DUGAN: And is that because the road curves around or winds around?
BILL BRANNON: Yes.
MS. DUGAN: while you were stationed there, did any vehicles approach your location on Trescott, encounter the roadblock, and have to turn around?
BILL BRANNON: Yes, several vehicles.
MS. DUGAN: Did you notice a particular vehicle that pulled up that you notated in your report that day because it stood out to you?
BILL BRANNON: Mid 2000s maroon or dark red Honda Odyssey van.
MS. DUGAN: And are you familiar with that make and model and year of van?
BILL BRANNON: Yes. My family still -- I mean, actually still uses it, my son uses it, a 2006 Honda Odyssey.
MS. DUGAN: So at the time your family owned the same van?
BILL BRANNON: Correct.
MS. DUGAN: And you said it was maroon in color, the one you saw that day?
BILL BRANNON: Yes.
MS. DUGAN: At the time did you know that the ex-wife of the person who was killed drove that type of van?
BILL BRANNON: Yes.
MS. DUGAN: All right. I'm going to show you what's already been admitted as State's Exhibit 18. was this vehicle consistent with the one you saw that day that turned at the roadblock?
BILL BRANNON: Yes.
MS. DUGAN: Were you able to see the driver of the van?
BILL BRANNON: No.
MS. DUGAN: About what time did the vehicle approach the roadblock?
BILL BRANNON: Approximately 1:00, somewhere in that range.
MS. DUGAN: I think did you say between 12:00 and 1:00 --
BILL BRANNON: Somewhere in there.
MS. DUGAN: -- in your report? But don't know exactly the minute that it approached. Okay.
was there anything unusual about the way the vehicle or I guess the driver of the vehicle behaved when the vehicle encountered the roadblock that stood out to you?
BILL BRANNON: It wasn't fast or anything but it was just a little more deliberate in pulling up, turning around and leaving. The other vehicles, which is consistent with other times I've had to block roads, when vehicles pull up, they kind of stop and they're processing, like, well, I can't go this way, and trying to think, well, where do I got to go now, et cetera. So this one didn't squeal tires or anything like that, but, I mean, it was boom, boom, boom, and out.
MS. DUGAN: So just less hesitation?
BILL BRANNON: Correct.
MS. DUGAN: Did the driver of the vehicle ask you any questions?
BILL BRANNON: No.
MS. DUGAN: Did the driver of the vehicle question anybody else, any other officers there at the roadblock?
BILL BRANNON: Not where I was.
MS. DUGAN: They just turned around and went back towards Centerville?
BILL BRANNON: Yes, ma'am.
MS. DUGAN: That's all. Thank you.
JUDGE EVERETT: Cross-examination?
MS. FULFORD: No questions, Judge.
JUDGE EVERETT: Officer, you may step down. Is the officer released or will he be recalled?
MS. DUGAN: Sir?
JUDGE EVERETT: Is the officer released or will he be recalled?
MS. DUGAN: He is released. Thank you.
JUDGE EVERETT: Have a good day.
BILL BRANNON: Thanks.
JUDGE EVERETT: Members of the jury, we are going to come to a rest for this evening. Once again, I'm going to remind you, do not discuss this case with each other or anyone else. Do not seek out any information or news reports about this case at all as well.
Please report tomorrow at 8:45 a.m., and we intend to get started at 9:00 once everyone is here. Havea restful evening. We will see you in the morning.
(Jury exits courtroom.)
JUDGE EVERETT: All right. Brief discussion of tomorrow. The witnesses that were supposed to be the p.m., are they now going to be our a.m. witnesses, State, for tomorrow morning?
MS. CAPPLEMAN: Yes, Your Honor.
JUDGE EVERETT: Very well. If the parties need to be heard before we go into recess.
MS. CAPPLEMAN: Nothing from the State, Judge.
MS. FULFORD: No, Judge.
MR. ZELMAN: There was one thing.
JUDGE EVERETT: Go ahead.
MR. ZELMAN: Can we approach about it, though?
JUDGE EVERETT: Yes. You-all may be seated.
(Sidebar conference as follows:)
MR. ZELMAN: Our family law expert, Linda Bailey, has identified a case that was extensively litigated, time-sharing, custody, relocation. The party that she did not represent apparently has a close relationship with the governor, so Linda Bailey has asked --
JUDGE EVERETT: At this time or back in 2014?
MR. ZELMAN: At this time. So the request has been made that if we're going to use the file as a demonstrative -- the State has not stipulated to it. They want to review it before we printed it. I wanted to clear this up. The request is made that we don't publicly identify the case name or case number. Ms. Cappleman indicated that she doesn't have a problem with that. I wanted to get the Court's blessing on that before we printed between five and ten thousand pages because --
JUDGE EVERETT: That's a lot.
Ms. Cappleman?
MS. CAPPLEMAN: No objection.
JUDGE EVERETT: Very well.
MR. ZELMAN: And she's not yet stipulated to the demonstrative, she wants to review it, but I wanted to clear that up before I printed it.
MS. CAPPLEMAN: Specifically to not mentioning names of the parties, if it's a case being offered for demonstrative purposes, I wouldn't object to that part about not mentioning the names, just calling Petitioner or whatever.
JUDGE EVERETT: I think even without the case file -- Ms. Bailey is board certified, correct?
MR. ZELMAN: Yes.
JUDGE EVERETT: JI think she's capable of giving an opinion that, even as it relates to some things that are final orders, you still may attack the judgment in some way.
MR. ZELMAN: There's --
JUDGE EVERETT: But you still want to use this as a demonstrative --
MR. ZELMAN: Yes, demonstrative.
JUDGE EVERETT: -- to that point? All right.
BAILIFF: I have something about Juror 3.
Juror 3 needs to schedule a shot and he needs it on wednesday.
JUDGE EVERETT: He's the one with the rabies?
BAILIFF: Yes. So I suggested like noon on wednesday. I said I would confirm with him -- he is already gone for the day, but I would confirm with him tomorrow morning. So we have roughly suggested 12:00 on wednesday.
MR. ZELMAN: Give him all the time we needs.
JUDGE EVERETT: Yeah. we don't want him turning into a vampire, pun intended.
MS. CAPPLEMAN: I want him to get his shot; however, assuming we can get back on track, I do have a class to teach wednesday night and it's the first day of classes, 5:20. So maybe --
JUDGE EVERETT: I have a wife and a child and a dog. we all have lives.
MS. CAPPLEMAN: Maybe if he can't do noon --
JUDGE EVERETT: After hours is what you're suggesting?
MS. CAPPLEMAN: He could do, you know, 4:30 or 5:00.
MR. ZELMAN: They probably close at 5:00.
BAILIFF: I would assume so. But tomorrow morning is the time that we need to give him so he can -- whatever the hour is, I've got to tell him tomorrow so he can schedule it, and we need to give him time to schedule it.
JUDGE EVERETT: we'll just take a longer lunch on wednesday.
(Sidebar conference concluded.)
JUDGE EVERETT: We're done for the day.
(Court in recess.)