10.Josh Turner — Direct/Cross/Redirect
270 linesMR. ZELMAN: The defense would call Detective Joshua Turner.
JUDGE EVERETT: Detective Turner, please raise your right hand, sir.
whereupon, JOSH TURNER 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. You may adjust the microphone as you need to.
DIRECT EXAMINATION BY MR. ZELMAN:
MR. ZELMAN: Good afternoon, sir.
JOSH TURNER: Good afternoon.
MR. ZELMAN: Can you please introduce yourself to the jury?
JOSH TURNER: Yes. My name is Josh Turner. I'm a deputy with the Leon County Sheriff's Office.
MR. ZELMAN: How long have you been employed with the Leon County Sheriff's Office?
JOSH TURNER: Since September of 2016.
MR. ZELMAN: And during your time with the Leon County Sheriff's office, can you tell the jury a little bit about what assignments you have worked?
JOSH TURNER: Yes. I was in 2019 a field training officer, and then in 2020, I went -- transferred into the Criminal Investigations Division at the sheriff's office. I worked in property crimes, auto crimes, and violent crimes.
MR. ZELMAN: And in your role as a detective with the Leon County Sheriff's office, did you come to interview an inmate by the name of Drina Bernhardt?
JOSH TURNER: I did.
MR. ZELMAN: And did you meet with her on December 18th of 2024?
JOSH TURNER: I did.
MR. ZELMAN: Okay. And subsequent to that, did you notify the State Attorney's Office that Ms. Bernhardt had information concerning Donna Adelson?
JOSH TURNER: I did.
MR. ZELMAN: And did you then attend a recorded interview with Ms. Bernhardt at the State Attorney's Office?
JOSH TURNER: Yes.
MR. ZELMAN: During that interview, did she indicate what, if any, steps -- and by "she" I'm referring to Ms. Bernhardt -- took in -- when she was speaking with Mrs. Adelson in the pod at the Leon County Detention Center?
JOSH TURNER: She said that she was speaking to Mrs. Adelson throughout the day, and sitting in front of a camera at the detention facility.
MR. ZELMAN: She specifically stated that she situated herself and Mrs. Adelson so that they would be picked up on the surveillance footage?
JOSH TURNER: I'm not sure the exact wording, but yes.
MR. ZELMAN: Something to that effect?
JOSH TURNER: Correct.
MR. ZELMAN: Now, previously, did you review State's Exhibit 105?
JOSH TURNER: Yes.
MR. ZELMAN: And what was that?
JOSH TURNER: I believe it was the recording of the pod, the annex.
MR. ZELMAN: So it was surveillance video?
JOSH TURNER: Yes.
MR. ZELMAN: So after Ms. Bernhardt's interview on December 20th, 2024, at the State Attorney's Office, did you go back to your office to download the surveillance video?
JOSH TURNER: No, sir. I went to my vehicle and back up to the State Attorney's Office and downloaded it from there.
MR. ZELMAN: So you went to get your computer?
JOSH TURNER: Yes, sir.
MR. ZELMAN: So back then when you were assigned to the investigations unit, you had access to their surveillance videos?
JOSH TURNER: I did.
MR. ZELMAN: And then you logged in from the State Attorney's Office and downloaded that?
JOSH TURNER: Correct.
MR. ZELMAN: Your Honor, may I approach the witness and show him -- it was marked for identification purposes as State's Exhibit 105.
JUDGE EVERETT: You may.
BY MR. ZELMAN:
MR. ZELMAN: Do you recognize State's Exhibit 105?
JOSH TURNER: I do.
MR. ZELMAN: Is this the surveillance -- or is this a portion of the surveillance video that you obtained from the Leon County Detention Facility?
JOSH TURNER: It is.
MR. ZELMAN: And aside from shortening the video so it was easier to show in court, any changes to it?
JOSH TURNER: Not that I'm aware of.
MR. ZELMAN: Your Honor, just a moment.
Your Honor, at this point in time, I would move into evidence as Defense Exhibit 70 the surveillance video.
JUDGE EVERETT: Any objection?
MS. CAPPLEMAN: My only objection is rule of completeness, Judge. I'm not sure how much shortening occurred, but I would ask for all of State's 105 to be admitted.
MR. ZELMAN: And I can say, Your Honor, that the video that was provided to us as State's 105 is exactly what I've copied onto this thumb drive.
JUDGE EVERETT: The item is admitted. It is to be published in its entirety.
(Defense Exhibit 70 received in evidence.)
MR. ZELMAN: Thank you, Your Honor.
Judge, so that I can use the computer, is it okay if I stand over here rather than at the lectern?
JUDGE EVERETT: That's fine.
(Video recording published in open court. There is no audio on this video.)
BY MR. ZELMAN:
MR. ZELMAN: So, Detective, initially in the video, do we see Ms. Bernhardt or Mrs. Adelson?
JOSH TURNER: Yes. They are back towards the bunks.
MR. ZELMAN: And do they walk towards the foreground of the video?
JOSH TURNER: At one point.
MR. ZELMAN: I am going to fast-forward a little bit.
Who is seated at the table with the dark hair?
JOSH TURNER: That's Drina Bernhardt.
MR. ZELMAN: And what does she have in front of her?
JOSH TURNER: A notebook with a daisy and a yellow folder, it looks like.
MR. ZELMAN: Does the video appear to show Ms. Bernhardt putting a chair at the table towards the right?
JOSH TURNER: It does.
MR. ZELMAN: Who's walking up now?
JOSH TURNER: Mrs. Adelson.
MR. ZELMAN: Does it appear from the video that Ms. Bernhardt got Mrs. Adelson to sit down at that table?
JOSH TURNER: It does.
MR. ZELMAN: And they are engaged in conversation?
JOSH TURNER: Yes.
MR. ZELMAN: without stating the obvious, there's no audio on this video, correct?
JOSH TURNER: Correct.
MR. ZELMAN: And, Detective, at this point, we are over eight minutes into the video. Neither one of them have started writing, have they?
JOSH TURNER: No.
MR. ZELMAN: Can you explain to the jury what Ms. Bernhardt just did?
JOSH TURNER: It appears she took a piece of paper out of her notebook and is showing Mrs. Adelson something on that page.
MR. ZELMAN: It appears that something was already written on that page?
JOSH TURNER: Potentially. I can't tell.
MR. ZELMAN: Now Ms. Bernhardt is writing on the piece of paper?
JOSH TURNER: Correct.
MR. ZELMAN: It appears that Ms. Bernhardt is writing at this point?
JOSH TURNER: Correct.
MR. ZELMAN: Judge, given that this is an hour-and-14-minute long video, instead of publishing it in full as requested, is it okay if I fast-forward to the points that I'm trying to make?
JUDGE EVERETT: Does the State have any objection to make --
MS. CAPPLEMAN: No, sir.
JUDGE EVERETT: -- concerning the publishing?
MS. CAPPLEMAN: I wasn't requesting publication in full. I just wanted the whole thing to be in evidence.
JUDGE EVERETT: Go ahead.
MR. ZELMAN: Thank you, Your Honor.
BY MR. ZELMAN:
MR. ZELMAN: At 13:26, who is writing?
JOSH TURNER: Ms. Bernhardt.
MR. ZELMAN: 14:17, who is writing?
JOSH TURNER: Ms. Bernhardt.
MR. ZELMAN: 14:33, is she still writing?
JOSH TURNER: Yes.
MR. ZELMAN: Now, 14:46, my client takes the paper and starts writing, correct?
JOSH TURNER: Correct.
MR. ZELMAN: Now I fast-forwarded to 16:42. Did Ms. Bernhardt take the notebook back?
JOSH TURNER: She did.
MR. ZELMAN: And from this vantage point, we can't see what Mrs. Adelson is writing, can we?
JOSH TURNER: Correct.
MR. ZELMAN: However, it's clear that Ms. Bernhardt is still speaking with my client?
JOSH TURNER: They seem to be engaged in conversation.
MR. ZELMAN: 22:50, what do we see Ms. Bernhardt doing now?
JOSH TURNER: She placed two notebooks on the table.
MR. ZELMAN: And one of them was the hot pink one that we saw, I think the State's admitted into evidence. It's a hot pink?
JOSH TURNER: Correct.
MR. ZELMAN: 41:24, what do we see now?
JOSH TURNER: Drina is opening the hot pink notebook.
MR. ZELMAN: Is she showing Mrs. Adelson something in that notebook?
JOSH TURNER: It appears so.
MR. ZELMAN: I fast-forwarded to 44:04. Are they both writing?
JOSH TURNER: Yes.
MR. ZELMAN: About 48:22, Mrs. Adelson handed Drina something. Do they appear to be discussing it now?
JOSH TURNER: It appears so.
MR. ZELMAN: I fast-forwarded a little bit to 51 minutes. It appears Mrs. Adelson had gotten up and is now sitting back down?
JOSH TURNER: That's correct.
MR. ZELMAN: I fast-forward to 54 minutes. Does it still appear that they are both looking through the pages and discussing them?
JOSH TURNER: It does.
MR. ZELMAN: Now we're at 55:35. They're still both discussing some topic, correct?
JOSH TURNER: Correct.
MR. ZELMAN: we don't know what they're discussing?
JOSH TURNER: Correct.
MR. ZELMAN: And they are both looking at pages that they have in front of them?
JOSH TURNER: Correct.
MR. ZELMAN: Now we're at 59:34. It appears they are both still = =writing?
JOSH TURNER: Correct.
MR. ZELMAN: And as with previously, can we tell what they are writing?
JOSH TURNER: No.
MR. ZELMAN: Or determine what they are discussing?
JOSH TURNER: No.
MR. ZELMAN: Now we're at one hour, one minute, and 22 seconds. Can you tell the jury what's going on here?
JOSH TURNER: Ms. Bernhardt just opened some notebook. She's writing, and Mrs. Adelson is also writing.
MR. ZELMAN: Detective, from your previous review of this surveillance video, does this same behavior continue where they're both writing and discussing things between now and the end of the video?
JOSH TURNER: I believe so, yes.
MR. ZELMAN: Can we get the lights, please?
BY MR. ZELMAN:
MR. ZELMAN: Detective, do you recall the date that video was collected? I'm sorry. It was a poorly worded question.
Do you recall the date that video was taken?
JOSH TURNER: I believe it was December 19th.
MR. ZELMAN: So the day before Mrs. Adelson met with the State Attorney's Office? I'm sorry, Ms. Bernhardt. Thank you.
JOSH TURNER: Correct.
MR. ZELMAN: Just a moment, Your Honor.
JUDGE EVERETT: Go ahead.
BY MR. ZELMAN:
MR. ZELMAN: Detective, that's the day after Ms. Bernhardt told you that she had information about my client?
JOSH TURNER: Correct.
MR. ZELMAN: Nothing further.
JUDGE EVERETT: Cross-examine?
MS. CAPPLEMAN: Permission to publish the defense exhibit?
JUDGE EVERETT: You may.
CROSS-EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: when you met with her on the 18th, she told you not just that she had information about Donna Adelson, but that Donna Adelson was trying to enlist her, solicit her to give perjured testimony in this trial, right?
JOSH TURNER: Correct.
MS. CAPPLEMAN: So you learned that on the 18th. You relay that information to who?
JOSH TURNER: Investigator Newlin.
MS. CAPPLEMAN: with my office?
JOSH TURNER: Correct.
MS. CAPPLEMAN: All right. And the meeting at the State Attorney's office ultimately happened on December 20th, right?
JOSH TURNER: Correct.
MS. CAPPLEMAN: And at that time, there was a more detailed interview conducted with Ms. Bernhardt to get the information she had about what had happened, right?
JOSH TURNER: Correct.
MS. CAPPLEMAN: Okay. And at that meeting, Bernhardt shows up with this pink notebook pictured in State's Exhibit 62, right?
JOSH TURNER: Correct.
MS. CAPPLEMAN: And she tells us in that meeting, Hey, here's the script that she's written for me, that she wants me to deliver at trial, right?
JOSH TURNER: Correct.
MS. CAPPLEMAN: And you were able to photograph the thing, and this is what's pictured in State's 62?
JOSH TURNER: Correct.
MS. CAPPLEMAN: Okay. And what were Drina's instructions from the Defendant about this exhibit? why did we have to photograph it instead of impounding the thing?
JOSH TURNER: Her instructions were to read over that and to trace it in her own handwriting and provide that back to Mrs. Adelson.
MS. CAPPLEMAN: So she's supposed to copy what's here and give this back to Mrs. Adelson?
JOSH TURNER: Correct.
MS. CAPPLEMAN: So Mrs. Adelson was going to be expecting to get this thing back. we had to send it back with her, right?
JOSH TURNER: Correct.
MS. CAPPLEMAN: Okay. Did Bernhardt at the meeting on December 20th tell you when this script was authored by Mrs. Adelson?
JOSH TURNER: She was speaking to Investigator Newlin. TI don't recall.
MS. CAPPLEMAN: Based on what she told Investigator Newlin, did you go and review that video and find the video that we just watched?
JOSH TURNER: Correct.
MS. CAPPLEMAN: All right. And so the video is from December 19th, right?
JOSH TURNER: Correct.
MS. CAPPLEMAN: So based -- I mean, you didn't look through multiple days of videos. You knew to go to December 19th, right?
JOSH TURNER: correct.
MS. CAPPLEMAN: So Bernhardt obviously said, She wrote this yesterday?
JOSH TURNER: Correct.
MS. CAPPLEMAN: I'm supposed to copy it and give it back to her. Yeah?
JOSH TURNER: Yes.
MS. CAPPLEMAN: Okay. And so when you went and found the video, did the video appear to corroborate what Bernhardt had told law enforcement that day?
JOSH TURNER: It did.
MS. CAPPLEMAN: And when Bernhardt originally reported this to you on the 18th, you said you let Investigator Newlin know. Did you let Bernhardt know, Hey, you are going to be interviewed on the 20th?
JOSH TURNER: No.
MS. CAPPLEMAN: Did Bernhardt have any way of knowing that we were going to have a meeting on the 20th?
JOSH TURNER: Not to my knowledge.
MS. CAPPLEMAN: In fact, didn't we consider meeting -- waiting until after Christmas to meet with her?
JOSH TURNER: Correct.
MS. CAPPLEMAN: Do you remember that? I was home with a bad injury, a bad back?
JOSH TURNER: Yes.
MS. CAPPLEMAN: The kids were out of school. It was Christmastime. we talked about doing it after Christmas, right?
JOSH TURNER: Correct.
MS. CAPPLEMAN: So wasn't it just dumb luck that we happened to bring her over on the day that she was in possession of this thing in the Defendant's handwriting?
JOSH TURNER: Yes.
MS. CAPPLEMAN: The defense says, well, both women wrote in the notebook. We see one writing. we see the other one writing. Are you a handwriting expert?
JOSH TURNER: No, ma'am.
MS. CAPPLEMAN: would you defer to the expertise of a handwriting expert in determining who wrote this particular thing?
JOSH TURNER: Yes.
MS. CAPPLEMAN: I'm going to publish that video, if you would, at 52:14. ~=BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. Let's go to 41:25. I think we already watched the part where Ms. Bernhardt -- here -- does take this pink notebook out and give it to Donna Adelson, right?
JOSH TURNER: Correct.
MS. CAPPLEMAN: And it is Bernhardt's notebook, right?
JOSH TURNER: Yes.
MS. CAPPLEMAN: Okay. And after she gives it to the Defendant, the Defendant does proceed to write in the notebook for quite some time, right?
JOSH TURNER: Correct.
MS. CAPPLEMAN: And at -- if we go to 58:19, we see Mrs. Adelson get up and walk away, and then she later returns, right?
JOSH TURNER: Yes.
MS. CAPPLEMAN: And then if we go to 1:04, we see Ms. Bernhardt get up and walk away and Mrs. Adelson continues writing?
JOSH TURNER: Correct.
MS. CAPPLEMAN: Nothing further.
JUDGE EVERETT: Redirect examination?
MR. ZELMAN: Yes, Your Honor.
REDIRECT EXAMINATION BY MR. ZELMAN:
MR. ZELMAN: Detective, we know that mrs. Adelson expected this document back that was written in Drina's notebook because that's what Drina said, right?
JOSH TURNER: Correct.
MR. ZELMAN: But we can't hear what's being discussed on that video?
JOSH TURNER: Correct.
MR. ZELMAN: we have to rely on what Ms. Bernhardt says?
JOSH TURNER: Correct.
MR. ZELMAN: Now, you testified on cross that Ms. Bernhardt did not know that she was being brought up to the State Attorney's office for a meeting on the 20th?
JOSH TURNER: I don't believe she knew the date.
MR. ZELMAN: Yet, when she came, she brought a bunch of materials with her?
JOSH TURNER: Correct.
MR. ZELMAN: And the State Attorney's Office collected what Drina said they should collect?
JOSH TURNER: Correct.
MR. ZELMAN: Nothing further.
JUDGE EVERETT: Will the detective be recalled by either party?
MS. CAPPLEMAN: I don't think so, Your Honor. He is released from the State.
MR. ZELMAN: The defense will do the same, Your Honor.
JUDGE EVERETT: Have a good day. You are released.
JOSH TURNER: Thank you.
JUDGE EVERETT: Please approach.
(Sidebar conference as follows:)
JUDGE EVERETT: All right. For today, that's the last of your witnesses?
MR. ZELMAN: Unfortunately.
JUDGE EVERETT: All right. The person that you need to speak to at the jail, this gives you your opportunity to do so this afternoon. Also, you can speak with your client concerning testifying. Tomorrow, how many witnesses are you anticipating?
MR. ZELMAN: Marissel Descalzo's flight gets in about 10:00, I believe. At least that's what my paralegal, Ms. Kessler, told us. The other witnesses that we had for tomorrow, Dr. Ruth Rosenberg, Kirstin Adamson, Linda Bailey, and there's potentially one more in addition to the new one, I'm just drawing a blank, so five or six.
JUDGE EVERETT: All right. That should put us timing-wise more or less around the same place. Is your client going to be ready to testify tomorrow?
MS. FULFORD: It depends on what happens when we speak to this next witness. I suspect that it will be Thursday morning before she will be ready to testify.
JUDGE EVERETT: well, not when she would prefer to testify --
MS. FULFORD: TI misspoke.
JUDGE EVERETT: -- but if we only have this many witnesses --
MS. FULFORD: TI misspoke.
JUDGE EVERETT: Go ahead.
MS. FULFORD: Because of evidence that came in in the trial and some rulings that the Court made, it may affect our decision on whether she wants to testify.
MR. ZELMAN: Specifically, there were some additional things that the State added during their case that although we had access to the materials, we need to go through the exhibits to see exactly what was admitted in terms of emails and other documents so that we can go over that with Mrs. Adelson. So we are going to need a little bit of time with the clerk to go through that today when the jury leaves.
JUDGE EVERETT: All right. State, do you need to be heard?
MS. CAPPLEMAN: I would like an opportunity to depose the witness over the lunch hour tomorrow if you're going to have a new witness and that person is going to be permitted to testify. I know I'm getting a little ahead of myself.
But for planning purposes, I can do it tonight. I can do it before court tomorrow, or I can do it at the lunch hour. But I do want to be given at least the opportunity to do that if that person is going to be permitted to testify.
MR. ZELMAN: AS soon as we speak with her and we make a decision, I will certainly get in touch with Ms. Cappleman and Ms. Dugan and let them know if we are going to use that individual and who they are.
JUDGE EVERETT: All right. I will send the jurors home for the day.
MR. ZELMAN: Thank you, Your Honor.
(Sidebar conference concluded.)
JUDGE EVERETT: Members of the jury, we are going to go into recess for the trial at this point for the day. We will resume tomorrow with the defense's case.
Once again, I'm going to remind you not to speak with each other or any other person concerning this case. Also, do not seek out any information outside of this courtroom.
Please report at 8:30 tomorrow. We will resume at 8:45. Enjoy the rest of your afternoon.
(Jury exits the courtroom.)
JUDGE EVERETT: Everyone can be seated.
Please report tomorrow at 8:30. We will resume at 8:45 with the witnesses. Please have all witnesses that will be testifying in the morning present and ready, Mr. Zelman and Ms. Fulford. Also, there's not to be any further violations of the rule of sequestration.
MR. ZELMAN: Yes, sir. That was certainly not intentional. And as I indicated at sidebar, one of our witnesses, I don't believe her flight gets in until 10:00. We will have further discussions with her to get her here as quickly as possible.
JUDGE EVERETT: We are in recess.
(Court is in recess at 2:45 p.m., and the proceedings continue in Volume 8.)