13.Andrew Brown — Direct/Cross
192 linesJUDGE HANKINSON: Next witness.
MS. CAPPLEMAN: State calls Andrew Brown.
(Pause. )
JUDGE HANKINSON: Come on up here, please, sir. If you would face the clerk here. Raise your right hand to be sworn, please.
whereupon, ANDREW BROWN was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE HANKINSON: Have a seat. Slide up to the microphone, please, sir.
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: what is your name, sir?
ANDREW BROWN: My name's 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?
JUDGE HANKINSON: You can point that microphone up just a hair. We had a shorter witness there.
ANDREW BROWN: Yes, ma'am.
JUDGE HANKINSON: You can go ahead.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: It's the city bus system?
ANDREW BROWN: Yes, ma'am.
MS. CAPPLEMAN: Okay. And were you employed with the -- in the same capacity back in July of 2014?
ANDREW BROWN: Yes, ma'am, I 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: All right. 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, roughly about 30 days.
MS. CAPPLEMAN: Okay. 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 the time were in proper working order?
ANDREW BROWN: Yes, ma'am, they were.
MS. CAPPLEMAN: And have you had an opportunity to review a disk which I've marked as State's Exhibit 125?
ANDREW BROWN: Yes, ma'am. Those are my initials.
MS. CAPPLEMAN: Okay. And is this disk -- does this disk contain fair and accurate copies of the images collected by those buses on that date and time?
ANDREW BROWN: Yes, ma'am, they do.
MS. CAPPLEMAN: Judge, at this time I'd ask to move into evidence State's 125.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: None from the defense.
MR. DECOSTE: No objection.
JUDGE HANKINSON: All right. will be admitted.
(State's Exhibit No. 125 received in evidence.)
MS. CAPPLEMAN: All right, Judge. I will reserve publication of this item, and I have no further questions.
JUDGE HANKINSON: Cross.
MR. ZANGENEH: I'd like, I'd like to play this video, Judge.
MS. CAPPLEMAN: I would object to the defense...
MR. ZANGENEH: It's moved into evidence.
JUDGE HANKINSON: Play it.
MR. ZANGENEH: Judge, if we could just take a short break so I can make...
JUDGE HANKINSON: We're not going to take a break. The State is going to publish it at some point. I thought you were ready to publish it.
MR. ZANGENEH: well, I don't know --
JUDGE HANKINSON: All right.
MR. ZANGENEH: We have to set up our material.
JUDGE HANKINSON: Right. we're not going to stop for that at this point in time. Do you have any cross of this witness?
MR. ZANGENEH: Yeah, I do.
JUDGE HANKINSON: Okay.
CROSS-EXAMINATION BY MR. ZANGENEH:
MR. ZANGENEH: Mr. Brown, good afternoon.
ANDREW BROWN: Good afternoon. How are you?
MR. ZANGENEH: I'm doing good. 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: And it's a live streaming video, correct? Real time?
ANDREW BROWN: Real time, yes.
MR. ZANGENEH: Okay. And so the videos are, are situated through, 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, what is the purpose of the videos?
ANDREW BROWN: The purpose for the videos in the buses in case there is any sort of accident or incident on the bus, we're able to record and copy, give to police. Or if there is a complaint on the bus driver, we're able to view and see if the complaint is valid or not.
MR. ZANGENEH: Now, the -- what's the quality of the video? Is there, like, a specific level of quality that the video has?
ANDREW BROWN: AS in -- I mean, it's not HDMI. It's not high-def.
MR. ZANGENEH: well, that's the question I had. Is it -- what kind of resolution, if you have that knowledge, is the video?
ANDREW BROWN: I don't have that knowledge.
MR. ZANGENEH: Now, the video that you have -- these are your initials on this, sir, correct --
ANDREW BROWN: Yes, sir.
MR. ZANGENEH: -- Exhibit -- I'm sorry. Let me finish the question. I'm sorry.
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: It's okay. The facial hair, right?
So you sat down with somebody with the State Attorney's Office, or was it a --
ANDREW BROWN: Yes.
MR. ZANGENEH: -- law enforcement officer?
ANDREW BROWN: State investigator.
MR. ZANGENEH: Okay. So you sat down with a state investigator. 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 Maclay -- I think it's Maclay Boulevard and Thomasville Road. You see a Prius pass in front of it. As it goes forward, you can see the bus going Thomasville Road going southbound.
MR. ZANGENEH: Yes, sir.
ANDREW BROWN: 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 Thomasville Road onto Betton.
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: Okay. And what do you see?
ANDREW BROWN: You see two occupants, the 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 in the backseat?
ANDREW BROWN: Not able to see the backseat.
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 was 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.
(Brief pause.)
BY MR. ZANGANEH:
MR. ZANGENEH: That's about five seconds, correct? And during this time period, you say you see someone in the passenger's seat wearing a white shirt?
ANDREW BROWN: Yes, sir.
MR. ZANGENEH: Are you able to make any other kind of descriptive --
ANDREW BROWN: No.
MR. ZANGENEH: Let me finish, sir. Descriptive observations of this person in the passenger's 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 till --
ANDREW BROWN: Yes.
MR. ZANGENEH: -- currently, sir? Thank you.
Now, is there another video that you see the Prius in, or is it, is it just that one?
ANDREW BROWN: well, it's two separate buses. It's all on that one disk.
MR. ZANGENEH: Okay. Now, one bus, as you said, captures it going one way --
ANDREW BROWN: Uh-huh.
MR. ZANGENEH: -- and the other bus captures it going another way, correct?
ANDREW BROWN: Yes, sir.
MR. ZANGENEH: And then one video you're unable to see -- 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 in 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 dis -- no other specific factors that you can determine, right?
ANDREW BROWN: No, sir.
MR. ZANGENEH: You can't really see anything else.
ANDREW BROWN: (shakes head.)
MR. ZANGENEH: 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 -- and 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's been enhanced.
MR. ZANGENEH: It has been enhanced. what does that mean?
ANDREW BROWN: They took it -- because it was just separate videos.
MR. ZANGENEH: Uh-huh.
ANDREW BROWN: They made into one video. And they've added -- in our system, we can add circles or to highlight anything, and they add some highlights to the, the vehicle.
MR. ZANGENEH: So let's go over what that means.
JUDGE HANKINSON: Are we talking to the witness, Mr. --
MR. ZANGENEH: Yes, sir.
JUDGE HANKINSON: -- Zangeneh?
MR. ZANGENEH: I am.
BY MR. ZANGENEH:
MR. ZANGENEH: Let's talk about what that means. The video footage, the original footage was taken and altered, correct?
ANDREW BROWN: Yes.
MR. ZANGENEH: And was it altered by your company, or was it altered by the prosecution?
ANDREW BROWN: It was not altered by Star Metro.
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 that the altered video?
ANDREW BROWN: This 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 come side --
JUDGE HANKINSON: Redirect. what?
MR. DECOSTE: If we could come sidebar for an objection.
(Sidebar discussion held as follows):
JUDGE HANKINSON: You want to be heard?
MR. DECOSTE: Yeah, Your Honor. We would move for a Richardson hearing. We've never been given the enhanced version. We were only given the original version. My understanding of the case law in this, and it's Bryant v. State, 810 So.2d 532, which is a First District case that they would have to enter in -- separate and apart from the Richardson hearing, they would have to enter in both the original and the enhanced. That's all, Your Honor.
MR. ZANGENEH: We join in on that objection. That's Saam Zangeneh for Mr. Garcia, for the record.
MS. CAPPLEMAN: Judge, I disagree that they have not been provided this. This is something that's been available and provided since the inception of the case. The next witness is going to talk about the -- what we're calling alterations, which is circles around things we're trying to point out.
MR. DECOSTE: So it's clear to Your Honor and for the record, we're saying we have not received the enhanced. And it being available is not the State meeting their discovery obligations. We have the original. we don't have the enhanced.
JUDGE HANKINSON: Your next witness going to talk about this?
MS. CAPPLEMAN: Yes, sir.
JUDGE HANKINSON: All right. we'll just reserve on that.
MR. DECOSTE: Okay.
BAILIFF: Judge.
JUDGE HANKINSON: Okay. All right. we'll take ten minutes.
(Brief recess.)
BAILIFF: Court's back in session.
JUDGE HANKINSON: Let's have a jury, please.
(Jury enters.)
JUDGE HANKINSON: Everybody be seated, please. Ms. Magbanua wish to cross on this ground?
MR. DECOSTE: No, Your Honor.
JUDGE HANKINSON: Redirect.
MS. CAPPLEMAN: No, Sir.
JUDGE HANKINSON: All right. All right. You can step down, Mr. Brown. Do we want to keep Mr. Brown or no?
MS. CAPPLEMAN: No, Sir. He's free to go about his business.
JUDGE HANKINSON: Do y'all need him for any reason?
MR. ZANGENEH: No, Judge.