Name: Andrew Brown — Direct/Voir Dire (Recall) - Day 1 - Garcia–Magbanua
Uploaded: 2019-09-26
Description: Recalled witness Brown authenticates unaltered StarMetro bus footage; defense voir dire, no objection, exhibit admitted

Recalled witness Brown authenticates unaltered StarMetro bus footage; defense voir dire, no objection, exhibit admitted

Day 2 →

Proceedings

Direct Andrew Brown - Direct (Recall) Line 1

Voir Dire Andrew Brown - Voir Dire Line 17

Direct Direct Andrew Brown Georgia Cappleman

1 3:21:49

JUDGE HANKINSON: Everybody be seated, please. Let's come back to order.

2 3:21:52

JUDGE HANKINSON: My understand is that the State wishes to recall Mr. Brown.

3 3:21:57

MS. CAPPLEMAN: Yes, Sir.

4 3:21:57

JUDGE HANKINSON: Alright, you remain under oath Mr. Brown. Have a seat.

5 3:22:23

MS. CAPPLEMAN: I'm holding in my hand a thumb drive, which I'm going to figure out how to mark as State's Exhibit 173. Have you had an opportunity to review the contents of this thumb drive?

6 3:22:35

ANDREW BROWN: Yes, ma'am.

7 3:22:36

MS. CAPPLEMAN: And did you do that since you previously testified just an hour or so ago?

8 3:22:41

ANDREW BROWN: Yes, ma'am.

9 3:22:41

MS. CAPPLEMAN: All right. And does this thumb drive fairly and accurately capture the original footage from the bus — the two buses that are in question during the times we talked about in this case?

10 3:22:54

ANDREW BROWN: Yes, ma'am. It does.

11 3:22:55

MS. CAPPLEMAN: All right. So the footage on here isn't in smaller clips. It's the whole thing, right?

12 3:23:01

ANDREW BROWN: Yes, ma'am.

13 3:23:02

MS. CAPPLEMAN: All right. And it doesn't have the circles around it.

14 3:23:04

ANDREW BROWN: No, ma'am.

15 3:23:04

MS. CAPPLEMAN: All right.

16 3:23:10

MS. CAPPLEMAN: Judge, at this time, I'd ask to introduce State's Exhibit 173.

Voir Dire Voir Dire Andrew Brown Saam Zangeneh

17 3:23:22

MR. ZANGENEH: Good afternoon again, sir. So this — uh, this apparatus — how do you know that this is the original?

18 3:23:29

ANDREW BROWN: I watched as they downloaded it. I'm sorry — I watched as they put it on there.

19 3:23:34

MR. ZANGENEH: Okay. You watched as they — and when you say "they," you mean the government, correct?

20 3:23:39

ANDREW BROWN: Yes, sir.

21 3:23:39

MR. ZANGENEH: Okay. And you watched as they downloaded what?

22 3:23:42

ANDREW BROWN: The clips of the buses.

23 3:23:44

MR. ZANGENEH: Okay. And was that from the original information that you gave them, or was this from their computer?

24 3:23:50

ANDREW BROWN: That was from their computer.

25 3:23:51

MR. ZANGENEH: Okay. So the question I'm asking you is, when they came and they originally subpoenaed and got your disc—

26 3:23:57

ANDREW BROWN: Correct.

27 3:23:58

ANDREW BROWN: Yes, sir.

28 3:23:59

MR. ZANGENEH: I'm sorry?

29 3:24:00

ANDREW BROWN: Yes.

30 3:24:01

MR. ZANGENEH: Okay. So let me ask you this way: when the government sent you a subpoena for this data, did you provide it on the CD?

31 3:24:08

ANDREW BROWN: Yes, sir.

32 3:24:09

MR. ZANGENEH: Okay. Did you see that CD upstairs?

33 3:24:14

ANDREW BROWN: No, sir.

34 3:24:15

MR. ZANGENEH: Would I be correct in saying that the government had an icon on a computer which they downloaded to the zip drive, and they told you that this was the original, correct?

35 3:24:25

ANDREW BROWN: Yes. I viewed it.

36 3:24:26

MR. ZANGENEH: I'm sorry?

37 3:24:27

ANDREW BROWN: I viewed it.

38 3:24:28

MR. ZANGENEH: Okay. But are you certain that this is the same footage that you provided them in 2014?

39 3:24:34

ANDREW BROWN: Yes, sir.

40 3:24:35

MR. ZANGENEH: Okay. I'm satisfied, Judge.

41 3:24:37

MR. ZANGENEH: Thank you very much.

42 3:24:43

JUDGE HANKINSON: Is there objection to 173?

43 3:24:43

MR. ZANGENEH: No, Judge.

44 3:25:12

JUDGE HANKINSON: State's exhibit 173 will be admitted.

45 3:25:12

JUDGE HANKINSON: You can step down. Can we excuse Mr. Brown now?

46 3:25:13

JUDGE HANKINSON: You're excused, Mr. Brown. Are we at a good stopping point?

47 3:25:13

MS. CAPPLEMAN: Yes, Your Honor.

48 3:25:16

JUDGE HANKINSON: We've got a little more work to do, but probably a good place for us to stop. With y'all: don't listen to any media accounts, don't read the newspaper, don't talk to anybody about the case. Just leave your notes where they are. Be back at 8:45 in the morning so we can give you a chance to get in the door, and then we can start promptly at nine o'clock. If you're a person that's time-challenged, shoot to be a little bit earlier than this. All right, so you know if you are or you're not. Some people just have a problem with time.

49 3:25:48

JUDGE HANKINSON: We'll see y'all in the morning. Have a good evening.

Insights

Direct Andrew Brown

Cappleman recalled StarMetro supervisor Andrew Brown to introduce State's Exhibit 173 — a thumb drive containing the complete, unaltered original bus footage — directly addressing Zangeneh's cross-examination attack on the edited composite exhibit.

Case Significance

Brief recall authenticating and offering the full, unannotated StarMetro bus footage after the earlier composite exhibit.

The recall followed Zangeneh's cross about alterations to Exhibit 125
Brown authenticated Exhibit 173 as full bus footage without annotation circles or truncated clips

Highlights

Evidence

Cappleman moved to introduce State's Exhibit 173 — a thumb drive Brown confirmed contains the full, unaltered original footage from the two StarMetro buses, without the clips or highlight circles that characterized the composite Zangeneh attacked on cross.

“And it doesn't have the circles around it.”

— Georgia CapplemanCappleman's pointed question directly addresses the central vulnerability Zangeneh exposed in cross — that Exhibit 125 bore prosecution-added annotations — and elicits Brown's confirmation that Exhibit 173 is free of them.

Evidence Mentioned

State's Exhibit 173

Deep Analysis

Attorney Strategy

Remedial Recall: Introduce Unadulterated Source

Cappleman recalled Brown and introduced the unaltered thumb drive as a direct repair move targeting the damage Zangeneh inflicted by eliciting Brown's on-record admission that Exhibit 125 was 'the altered video.' Introducing the original footage on the same day insulates the video evidence from the taint of the composite.

Case Theory Connections

Bus Footage Places Suspects Near Crime Scene

The StarMetro footage is part of the State's surveillance chain placing the defendants' vehicle near the murder scene on the morning of July 18, 2014. Introducing the original footage preserves that evidentiary link against defense arguments that the annotated exhibit was manipulated.

Evidentiary Or Procedural Notes

Exhibit 173 Supplements Exhibit 125

State's Exhibit 173 (unaltered original footage) was admitted alongside the previously admitted composite Exhibit 125. The record does not reflect that 125 was withdrawn; both exhibits now exist in evidence, with 173 providing the unedited source the defense had noted was absent.

Testimony Themes

Authentication of Unaltered Original Footage

Brown confirmed during the brief recall that he reviewed the thumb drive since testifying an hour earlier and that it accurately captures the full original footage from both buses without clips or annotation circles.

Witness Role And Importance

Witness Role And Importance

Andrew Brown, StarMetro bus system supervisor, was recalled solely to authenticate State's Exhibit 173 — the unaltered original footage from buses 505 and 707 — after Zangeneh's cross had labeled the previously admitted composite exhibit 'the altered video.' His recall testimony is limited to one evidentiary purpose: establishing that the new thumb drive contains the complete, unmodified source material.

Voir Dire Andrew Brown

Zangeneh voir-dired StarMetro supervisor Andrew Brown on whether State's Exhibit 173 contained the same original footage Brown provided in 2014; satisfied with Brown's confirmation, Zangeneh withdrew any challenge and the exhibit was admitted.

Case Significance

Brief, uncontested admissibility examination; Exhibit 173 admitted as the original-footage counterpart to the prosecution-enhanced Exhibit 125.

Zangeneh's chain-of-custody concern was resolved by Brown's viewing confirmation
No objection interposed; exhibit admitted without dispute

Highlights

Evidence

Zangeneh established that the thumb drive's clips came from the government's computer rather than directly from the original StarMetro disc, then accepted Brown's confirmation that he had viewed the content and recognized it as the same footage provided in 2014.

“That was from their computer.”

— Andrew BrownBrown concedes the thumb drive contents were downloaded from the government's own computer rather than transferred directly from the original StarMetro disc — the factual basis for Zangeneh's chain-of-custody probe.

“Okay. I'm satisfied, Judge.”

— Saam ZangenehZangeneh's concession that Brown's viewing confirmation was sufficient, ending the authenticity challenge without a formal objection.Ruling

Judge Hankinson admitted State's Exhibit 173 — the thumb drive of unaltered original StarMetro bus footage — after no party objected.

Evidence Mentioned

State's Exhibit 173

Deep Analysis

Attorney Strategy

Targeted chain-of-custody probe, quickly resolved

Zangeneh used voir dire to establish that the original StarMetro CD was not presented and the thumb drive's data came from the government's computer — a targeted attempt to undermine the 'original footage' characterization that he had already built during cross-examination. Once Brown confirmed he had personally viewed and recognized the content, Zangeneh accepted the foundation and withdrew the implied challenge.

Evidentiary Or Procedural Notes

Exhibit 173 admitted as original counterpart to Exhibit 125

State's Exhibit 173 was admitted to supplement Exhibit 125 (the prosecution-enhanced composite with highlight circles); together they provide the jury access to both the annotated version and the unaltered original StarMetro bus footage.

Notable Admissions

Thumb drive contents came from government's computer

Brown acknowledged the clips on Exhibit 173 were downloaded from the government's own computer rather than transferred directly from the original StarMetro disc — conceding one step removed from the primary source before confirming the content matched.

Testimony Themes

Chain-of-custody probe on original bus footage

Zangeneh tested whether the thumb drive's contents were the footage StarMetro originally produced, surfacing that the clips came from the government's computer; Brown's viewing confirmation resolved the concern without a ruling.

Witness Role And Importance

Witness Role And Importance

Andrew Brown is the StarMetro bus system supervisor who authenticated the surveillance footage from the day of the murder. His voir dire appearance addressed whether State's Exhibit 173 — the thumb drive of original bus footage — represented the same material StarMetro provided via subpoena in 2014.

Summary

Prosecutor Georgia Cappleman recalled StarMetro witness Andrew Brown after defense counsel Saam Zangeneh's cross-examination had characterized State's Exhibit 125 as a prosecution-enhanced composite with highlight circles and edited clips not produced by StarMetro's own system. Brown testified that during the break he reviewed a thumb drive, marked State's Exhibit 173, containing the full original footage from the two buses in question, with no truncated clips and no annotation circles. Zangeneh conducted a brief voir dire on the exhibit's chain of custody, and Brown acknowledged the clips had been downloaded from the government's computer rather than transferred directly from the original StarMetro disc provided by subpoena, but stated he had viewed the footage and was certain it matched the original. Zangeneh raised no objection, and Judge Hankinson admitted Exhibit 173. The court then recessed for the evening, instructing the jury to return at 8:45 a.m.

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