17.Andrew Brown — Direct/Voir Dire (Recall)
102 linesJUDGE HANKINSON: All right. Everybody be seated, please. Let's come back to order.
It's my understanding that the State wishes to recall Mr. Brown.
MS. CAPPLEMAN: Yes, sir.
JUDGE HANKINSON: All right. You remain under oath, Mr. Brown. Have a seat and slide up to the microphone, please, sir.
MARCIA RODRIGUEZ: Yes, sir.
whereupon, ANDREW BROWN was called as a witness, having been first duly sworn, was examined and testified as follows:
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Mr. Brown, 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?
ANDREW BROWN: Yes, ma'am.
MS. CAPPLEMAN: And did you do that since you previously testified just an hour or so ago?
ANDREW BROWN: Yes, ma'am.
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?
ANDREW BROWN: Yes, ma'am, it does.
MS. CAPPLEMAN: All right. So the footage on here isn't in smaller clips. It's the whole thing, right?
ANDREW BROWN: Yes, ma'am.
MS. CAPPLEMAN: All right. And it doesn't have the circles around it?
ANDREW BROWN: No, ma'am.
MS. CAPPLEMAN: All right.
MS. CAPPLEMAN: Judge, at this time I'd ask to introduce State's Exhibit 173.
MR. ZANGENEH: Judge, I'd like to voir dire the witness.
JUDGE HANKINSON: You may.
VOIR DIRE EXAMINATION
BY MR. ZANGENEH:
MR. ZANGENEH: Good -- sorry. Good afternoon, again, sir. So this, this apparatus, how do you know that this is the original?
ANDREW BROWN: I watched as they downloaded it.
MR. ZANGENEH: I'm sorry?
ANDREW BROWN: I watched as they put it on there.
MR. ZANGENEH: You watched as they -- and when you say "they," you mean the Government, correct?
ANDREW BROWN: Yes, sir.
MR. ZANGENEH: And you watched as they downloaded what?
ANDREW BROWN: The clips of the buses.
MR. ZANGENEH: Okay. And was that from the original information that you gave them, or was this from their computer?
ANDREW BROWN: That was from their computer.
MR. ZANGENEH: Okay. So the question I'm asking you is, when they came and they originally subpoenaed and got your disk, correct?
ANDREW BROWN: Yes, sir.
MR. ZANGENEH: I'm sorry?
ANDREW BROWN: Yes.
MR. ZANGENEH: Okay. So let me ask it this way: when the Government sends you a subpoena for this data, did you provide it on a CD?
ANDREW BROWN: Yes, sir.
MR. ZANGENEH: Okay. Did you see that CD upstairs?
ANDREW BROWN: No, sir.
MR. ZANGENEH: Okay. Would I be correct in saying that the Government had an icon on a computer which they downloaded to this ZIP drive, and they told you this was the original, correct?
ANDREW BROWN: Yes.
MR. ZANGENEH: But it's --
ANDREW BROWN: I viewed it.
MR. ZANGENEH: I'm sorry?
ANDREW BROWN: I viewed it.
MR. ZANGENEH: Okay. But it -- are you certain that this is the same footage that you provided them in 2014?
ANDREW BROWN: Yes, sir.
MR. ZANGENEH: I'm satisfied, Judge.
JUDGE HANKINSON: Magbanua.
MR. DECOSTE: No, nothing, Your Honor. Thank you.
JUDGE HANKINSON: Any redirect?
MS. CAPPLEMAN: No, sir.
JUDGE HANKINSON: All right. One seventy-three, is there objection to 173?
MR. ZANGENEH: No, Judge.
JUDGE HANKINSON: State's Exhibit 173 will be admitted.
(State's Exhibit No. 173 received in evidence.)
JUDGE HANKINSON: All right. You can step down.
Can we excuse Mr. Brown now?
MS. CAPPLEMAN: We may. Yes. Thank you.
JUDGE HANKINSON: Anybody need him?
MS. CAPPLEMAN: Again.
MR. DECOSTE: No, Your Honor.
MR. ZANGENEH: No, Judge.
JUDGE HANKINSON: All right. You're excused, Mr. Brown.
ANDREW BROWN: Thank you, sir.
JUDGE HANKINSON: All right. Are we at a good stopping point?
MS. CAPPLEMAN: Yes, Your Honor.
JUDGE HANKINSON: All right. we've got a little more work to do, but probably be 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 that. All right? So you know if you are or you're not. Some people just have a problem with time. we'll see y'all in the morning. Have a good evening.
(jury exits.)
JUDGE HANKINSON: Where's Ms. Cappleman? Let's come back to order.
MR. PADILLA: I think she walked outside, Judge. Do you want me to go get her?
JUDGE HANKINSON: Tell her we need her in.
(Brief pause.)
MS. CAPPLEMAN: Yes, sir.
JUDGE HANKINSON: All right. Everybody be seated. Okay. So we have two situations where a R7chardson hearing has been requested. One as to Mr. Yao's modified opinion. My intention is we'll let you depose -- I don't remember. was it investigator, sergeant, whatever, Mr. Yao. Depose him now. Veronica will make herself available to take the deposition. we'll have a Richardson hearing in the morning at 8:30.
The other was a Richardson request as to video No. 125. Is there still a request now that we've put the original in evidence?
MR. DECOSTE: Your Honor, if I'm not mistaken, that that was my request for a Richardson hearing. I do believe it was an honest mistake by the Government. In amended discovery -- or I think that that's our belief right now.
In amended discovery, there was something labeled as enhanced video. Now, what we received was original, and then I saw this enhanced one, and I could see that the white in the passenger was brighter. I have no doubt that before tomorrow morning they're going to get that to me so that we can review so there won't be any issue. So if Your Honor wants to table the Richardson hearing until that time, or if Your Honor wants me to.
JUDGE HANKINSON: But if I understand right -- and that's why I asked Investigator Dietz to stay just -- maybe my understanding's wrong. But what I understand is he's saying he made no changes to the substance of the photos he's highlighted. He's taken out some portions. And he paused some portions that could be seen. But the substance of the photos are unchanged. But now both videos are in evidence is my understanding. So if you want, over night, to look and see whether there's any -- whether that's suspect or not, we'll take that up at 8:30 then on that issue. Is that the request?
MR. DECOSTE: Would the Court entrust me with the evidence for the night? Or if the State can get me -- that was a big request. I'll pull that back.
If the, if the State could instead get us copies of the enhanced one, that should clear it up.
JUDGE HANKINSON: Do you have a copy of what you put in evidence, Ms. Cappleman?
MS. CAPPLEMAN: No, Sir. I've just received word they need to give that to Mr. Newlin to copy. So I'll make that arrangement before the clerk recesses for the evening.
JUDGE HANKINSON: All right. So why don't I -- I'l] release that exhibit -- that's 125, I believe, to the State. They'll burn a copy for both defense attorneys and give those to you for review tonight. Okay.
MR. DECOSTE: Okay. Thank you, Your Honor.
JUDGE HANKINSON: You can do that, Ms. Cappleman?
MS. CAPPLEMAN: Yes, Your Honor.
JUDGE HANKINSON: But we also need to -- if Mr. Zangeneh wants to inter -- depose Mr. Yao, he needs to do that now, too. So...
MR. ZANGENEH: Yes, Judge.
MS. CAPPLEMAN: Mr. Yao is available. And we've already made arrangements for a court reporter, who's waiting on us. So we're good with that.
JUDGE HANKINSON: Okay. So Veronica had graciously agreed to do it if need be, but you've arranged somebody else?
MS. CAPPLEMAN: Yes, Your Honor.
JUDGE HANKINSON: All right. Anything else before we break for the evening?
MS. CAPPLEMAN: Nothing from the State.
MR. ZANGENEH: Judge, I -- I'm going to put the Court on notice. I'm going to have to research an issue that I may be making a motion in the morning.
JUDGE HANKINSON: Let's do it when you're ready.
MR. ZANGENEH: Correct. Thank you.
JUDGE HANKINSON: I can deal with enough without hypothetical issues. Okay.
MR. DECOSTE: The only final thing with us, Your Honor, we've already deposed Shawn Yao. I have what I believe to be -- along the lines of what he's going to talk about, I don't believe that his testimony is going to apply to Ms. Magbanua. So myself and the Ms. Kawasses are not going to take part in the deposition.
JUDGE HANKINSON: That's up to you.
MR. DECOSTE: Thank you, Your Honor.
JUDGE HANKINSON: I didn't mean to suggest you had to.
Okay. Anything else? All right. 8:30, folks.
MR. DECOSTE: Yes, sir.
JUDGE HANKINSON: we'll take up those two issues.
MR. DECOSTE: Good night, Your Honor.
(Court in recess; continues in Volume II.)