Andrew Brown — Direct/Cross
134 linesJUDGE HANKINSON: Next witness.
MS. CAPPLEMAN: State calls Andrew Brown.
JUDGE HANKINSON: Come up here, please, sir. If you would face the clerk here and raise your right hand to be sworn.
JUDGE HANKINSON: Have a seat. Slide up to the microphone, please, sir.
MS. CAPPLEMAN: What is your name, sir?
ANDREW BROWN: My name is Andrew Brown.
MS. CAPPLEMAN: All right. Please spell your name.
ANDREW BROWN: A-N-D-R-E-W B-R-O-W-N.
MS. CAPPLEMAN: Where are you employed, sir?
ANDREW BROWN: StarMetro, City of Tallahassee.
MS. CAPPLEMAN: All right. Is that the bus system?
ANDREW BROWN: Yes, ma'am, it's the city bus system. Yes, ma'am.
MS. CAPPLEMAN: Okay. And were you employed in the same capacity back in July of 2014?
ANDREW BROWN: Yes, ma'am, it was.
MS. CAPPLEMAN: All right. Are you familiar with the video cameras that are located on city buses, or that were located on city buses at that time?
ANDREW BROWN: Yes, ma'am.
MS. CAPPLEMAN: All right. Could you discuss where cameras are mounted on the buses?
ANDREW BROWN: The buses — you have eight cameras on the buses. You have two on each side that face backwards, you have one that faces forward from the driver so you can see out front, you have one facing on the driver so they can see the fare box, you have one on the back door, and then you have one facing backwards.
MS. CAPPLEMAN: All right. And are these cameras running all the time, or do they get activated by motion? How do they work?
ANDREW BROWN: They — once you start the bus up, they're running.
MS. CAPPLEMAN: And where is the data collected that's captured by these cameras?
ANDREW BROWN: On a hard drive that's located on the bus.
MS. CAPPLEMAN: All right. And do you know approximately how long the data is stored on the hard drive of the bus?
ANDREW BROWN: The cameras with the nine-camera system, about roughly 30 days.
MS. CAPPLEMAN: And do you know whether — and I want to direct your attention specifically to bus 505 and 707 on July 18th, 2014 — do you know whether the cameras on those buses at that time were in proper working order?
ANDREW BROWN: Yes, ma'am, they were.
MS. CAPPLEMAN: And have you had an opportunity to review this, which I've marked as—
ANDREW BROWN: Yes, ma'am, those are my initials.
MS. CAPPLEMAN: And is this disk—
ANDREW BROWN: Yes, ma'am, they do.
MS. CAPPLEMAN: All right, Judge, I will reserve publication of this item, and I have no further questions.
MR. ZANGENEH: I would object to it if we could just take a short break. I'm sorry, Kenny.
JUDGE HANKINSON: We're not going to take a break.
MR. ZANGENEH: State's going to publish it at some point.
JUDGE HANKINSON: I thought you were ready to publish it.
MR. ZANGENEH: Well, I don't know.
MR. ZANGENEH: We'd have to set up our material.
JUDGE HANKINSON: Right. We're not going to stop for that at this point in time.
JUDGE HANKINSON: Do you have any cross at this point?
MR. ZANGENEH: Yeah, I do.
MR. ZANGENEH: Mr. Brown, good afternoon.
ANDREW BROWN: Good afternoon.
MR. ZANGENEH: How are you?
ANDREW BROWN: I'm doing good.
MR. ZANGENEH: So I'm going to ask you a few quick questions. So the images that are captured here are videos, correct?
ANDREW BROWN: Yes, ma'am.
MR. ZANGENEH: Okay. Okay.
MR. ZANGENEH: And it's a live streaming video, correct?
MR. ZANGENEH: Real time?
ANDREW BROWN: Real time, yes.
MR. ZANGENEH: And so the videos are situated throughout the bus, from the front of the bus to the back of the bus, correct?
ANDREW BROWN: Yes.
MR. ZANGENEH: And what is the purpose of the videos?
ANDREW BROWN: The purpose of the videos on the bus is, in case there is any sort of accident or incident on the bus, we're able to record and copy, give to police. Or there's a complaint on the bus driver, we're able to view and see if the complaint is valid or not.
MR. ZANGENEH: Now, what's the quality of the video? Is there like a specific level of quality that the video has?
ANDREW BROWN: I mean, it's not HDMI, it's not—
MR. ZANGENEH: Well, that's the question I had. Is it— what kind of resolution, if you have that knowledge? Now, the video that you have. These are your initials on this circle?
ANDREW BROWN: Yes, sir.
MR. ZANGENEH: I'm sorry, let me finish the question.
ANDREW BROWN: I'm sorry.
MR. ZANGENEH: Exhibit 125 — your initials are AJB on this, correct?
ANDREW BROWN: Yes, sir.
MR. ZANGENEH: And you've watched this video, and you watched it with the government, correct?
ANDREW BROWN: Yes, sir.
MR. ZANGENEH: You sat down in front of a computer with Ms. Cappleman? Was it Ms. Cappleman?
ANDREW BROWN: No, ma'am. No, sir.
MR. ZANGENEH: Okay. You're right. So you sat down with somebody from the State Attorney's Office, or was it a law enforcement officer?
ANDREW BROWN: State investigator.
MR. ZANGENEH: Okay. So you sat down with the state investigator and they played the video for you?
ANDREW BROWN: Yes, sir.
MR. ZANGENEH: Okay. And what did the video show you?
ANDREW BROWN: It shows a bus at the bus stop at McClain — I think it's McClain Boulevard and Thomas Hill Road. You see a Prius pass in front of it. As it goes forward, you see the bus going Thomas Hill Road going southbound. Yes, sir. The bus catches back up to the Prius, and you're able to see the Prius get into the left turn lane to make the left turn off of Thomas Road onto Benton.
MR. ZANGENEH: To your recollection, are you able to see inside the Prius?
ANDREW BROWN: As it's leaving, yes, you can see inside the Prius.
MR. ZANGENEH: And what do you see?
ANDREW BROWN: You see two occupants. Passenger kind of fidgety, wearing a white shirt.
MR. ZANGENEH: What about the driver?
ANDREW BROWN: Not able to see the driver clearly.
MR. ZANGENEH: What about on the back seat?
ANDREW BROWN: Not able to see the back seat.
MR. ZANGENEH: And is it a short sleeve shirt or a long sleeve shirt?
ANDREW BROWN: I was not able to tell.
MR. ZANGENEH: Was there an emblem or a logo on the white shirt?
ANDREW BROWN: I'm not able to see that.
MR. ZANGENEH: Were you able to see the face of the person wearing the white shirt?
ANDREW BROWN: No, sir.
MR. ZANGENEH: Could you tell if the person that was wearing the white shirt had a tattoo?
ANDREW BROWN: No, sir.
MR. ZANGENEH: Could you tell if the person in the white shirt was holding anything?
ANDREW BROWN: No, sir.
MR. ZANGENEH: How long do you see the image of the person wearing this white shirt?
ANDREW BROWN: Roughly about five to ten seconds.
MR. ZANGENEH: Now, five to ten seconds is enough time, you would agree with me? Let's just go ahead and do it right now. So five seconds is starting now. That's about five seconds, correct? And during this time period, you say you see someone in the passenger seat wearing a white shirt. Are you able to make any kind of other descriptive— let me finish, sir— descriptive observations of this person in the passenger seat?
ANDREW BROWN: No, sir.
MR. ZANGENEH: Now this is which bus line?
ANDREW BROWN: This is going to be the Dogwood route, which is now currently the K route.
MR. ZANGENEH: So the routes have changed since 2014. So thank you. Now, is there another video that you see the Prius in, or is it just that one?
ANDREW BROWN: Well, it's the two separate buses. It's all in that one disc.
MR. ZANGENEH: Okay. Now, one bus, as you said, captures it going one way, and the other bus captures it going another, right? Correct?
ANDREW BROWN: Yes, sir.
MR. ZANGENEH: And in one video you're unable to see— or, I— I don't want to put words in your mouth, but would you agree with me that in one video you're unable to make any determination as to any of the occupants of the vehicle?
ANDREW BROWN: Yes, sir.
MR. ZANGENEH: And in another one, it's your testimony, for five to ten seconds you see something that appears to be a white shirt, correct?
ANDREW BROWN: Yes, sir.
MR. ZANGENEH: But no other distinct— no other, um, specific factors that you can determine, right? You can't really see anything else. To your knowledge, were— were you shown pictures of the video?
ANDREW BROWN: No.
MR. ZANGENEH: So you were just shown the video itself, correct?
ANDREW BROWN: Yes, sir.
MR. ZANGENEH: And to your knowledge, this video itself is the original video, with the original picture that you saw, correct? It hasn't been modified or enhanced in any way, to your knowledge?
ANDREW BROWN: It has been enhanced.
MR. ZANGENEH: What does that mean?
ANDREW BROWN: They took— it was two separate videos, they made it into one video. And they've added— in our system, we can't add circles or highlight anything, and they had some highlights to the vehicle.
MR. ZANGENEH: So let's go—
ANDREW BROWN: Yes, sir, I am.
MR. ZANGENEH: Let's talk about what that means. The video footage— the original footage was taken and altered, correct?
MR. ZANGENEH: And was it altered by your company, or was it altered by the prosecution?
ANDREW BROWN: It was not altered by StarMetro.
MR. ZANGENEH: Okay, so that means it was altered by the prosecution?
ANDREW BROWN: Yes, sir.
MR. ZANGENEH: So this video itself, the one that we're going to show the members of the jury, the one that you have your signature on — is this the original, or is this the altered video?
ANDREW BROWN: That is not the original.
MR. ZANGENEH: So that means this is what?
ANDREW BROWN: The altered video.
MR. ZANGENEH: No further questions.
JUDGE HANKINSON: Magbanua?
MR. DECOSTE: No cross, Your Honor. But if we could have sidebar.
JUDGE HANKINSON: What?
MR. DECOSTE: If we could come sidebar. For an objection.
JUDGE HANKINSON: We'll take 10 minutes.
JUDGE HANKINSON: Everybody be seated please. Magbanua, do you wish to cross as to Mr. Brown?
MR. DECOSTE: No, Your Honor.
JUDGE HANKINSON: Redirect?
MS. CAPPLEMAN: No, sir.
JUDGE HANKINSON: You can step down Mr. Brown. You're excused.