3.James Geiger — Direct/Cross/Redirect
484 linesMS. CAPPLEMAN: State calls James Geiger.
JUDGE HANKINSON: If you would face the clerk here, please, and raise your right hand to be sworn.
whereupon, JAMES W. GEIGER was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE HANKINSON: Have a seat, please, sir.
You may proceed.
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Good morning. Please introduce yourself to the jury and spell your last name.
JAMES GEIGER: My name is James W. Geiger, G-E-I-G-E-R.
MS. CAPPLEMAN: Mr. Geiger, where do you live?
JAMES GEIGER: I live at 2122 Trescott Drive, here in Tallahassee.
MS. CAPPLEMAN: How long have you lived at that residence?
JAMES GEIGER: Almost 43 years.
MS. CAPPLEMAN: I'm going to approach and show you a photograph and ask if this is a fair and accurate photograph of your residence. This is State's Exhibit 1. Do you recognize that photograph?
JAMES GEIGER: Yes.
MS. CAPPLEMAN: what is it a photograph of?
JAMES GEIGER: well, it's a photograph of my house right here.
MS. CAPPLEMAN: Uh-huh.
JAMES GEIGER: And then this was Danny Markel's house right here.
MS. CAPPLEMAN: All right. Is it a fair and accurate photograph of the way those residences appear?
JAMES GEIGER: Yes.
MS. CAPPLEMAN: Judge, at this time I'd ask to move into evidence State's Exhibit 1.
JUDGE HANKINSON: Any objection?
MR. DECOSTE: If I could actually see it, please. No objection.
JUDGE HANKINSON: Be admitted.
(State's Exhibit No. 1 received in evidence.)
MS. CAPPLEMAN: May I publish?
JUDGE HANKINSON: You may.
MS. CAPPLEMAN: Let's see if I can.
(Pause. )
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: So while she's working on that, I'll ask you. You mentioned your neighbor's house. who, who was your neighbor?
JAMES GEIGER: Danny Markel.
MS. CAPPLEMAN: And was Mr. Markel your neighbor back in July of 2014?
JAMES GEIGER: Yes, he was.
MS. CAPPLEMAN: How well did you know Mr. Markel?
JAMES GEIGER: We were not close friends. He and his wife had moved in the neighborhood several years earlier, but we, we see them out walking. And they like to run. And as they started to have young children, we'd see them there.
MS. CAPPLEMAN: All right. And were you aware of Mr. Markel's employment?
JAMES GEIGER: I knew that he was employed at FSU. And I thought he was in the law department there.
MS. CAPPLEMAN: All right. I want to ask you a little bit about the location of your residence. what part of town is your residence located in?
JAMES GEIGER: It's the part of town known as Betton Hills.
MS. CAPPLEMAN: Kind of mid, midtown area?
JAMES GEIGER: Yes.
MS. CAPPLEMAN: All right. And is it located kind of off Thomasville Road?
JAMES GEIGER: Yes, it is.
MS. CAPPLEMAN: I want to ask you about if you're traveling south on Thomasville Road from -- are you familiar with the area of Premier gym?
JAMES GEIGER: Yes.
MS. CAPPLEMAN: All right. If you're traveling south on Thomasville Road from that area, how many different avenues of travel would there be to get to your residence?
JAMES GEIGER: I don't know.
MS. CAPPLEMAN: Okay.
JAMES GEIGER: I guess, I guess there could be a number. I don't know.
MS. CAPPLEMAN: All right. I'm going to approach and show you what I've marked as State's 157.
(Pause. )
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Sir, is this a fair and accurate aerial map of where your residence is located?
JAMES GEIGER: Yes. I think it would be.
MS. CAPPLEMAN: All right. And your residence is located in Leon County, Florida?
JAMES GEIGER: Yes, it is.
MS. CAPPLEMAN: All right.
MS. CAPPLEMAN: Judge, at this time I'd ask to introduce State's 157.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: Yes, Judge. I object. I don't think he has the grounds or -- he even said I think it may be. I don't think that it substantiates enough for him to authenticate that, that picture.
JUDGE HANKINSON: Magbanua.
MR. DECOSTE: Same.
JUDGE HANKINSON: I'll admit State's Exhibit 157.
MR. ZANGENEH: Over our objection --
MS. CAPPLEMAN: Permission to publish?
MR. ZANGENEH: -- respectfully, Judge.
JUDGE HANKINSON: You've made your objection. You don't need to make it twice.
MR. ZANGENEH: Yes, Judge.
JUDGE HANKINSON: Is that clear?
MR. ZANGENEH: Yes, Judge.
(State's Exhibit No. 157 received in evidence.)
MS. CAPPLEMAN: Sir, may I publish?
JUDGE HANKINSON: You may.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. Mr. Geiger, I was going to put this on the overhead, but, since it's not working, I want to ask you -- may I have permission for the witness to step down, please?
JUDGE HANKINSON: Yes. And if y'all need to reposition --
MR. ZANGENEH: Thank you, Judge.
JUDGE HANKINSON: -- you may.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Sir, if you would come step down. And if I could just get you to just stand on this side of the map.
JUDGE HANKINSON: Just stand down there.
MR. ZANGENEH: Yes, Judge.
JUDGE HANKINSON: Don't worry about if you're in front of the camera. They can deal with that.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. So if I'm coming southbound on Thomasville Road, would one way to get to your residence would be to turn onto this road here, Armistead, and then climb to Trescott?
JAMES GEIGER: Correct.
MS. CAPPLEMAN: Okay. And then would another way to get to your residence be to come on down here to Betton and take a left there and come the opposite direction down Trescott?
JAMES GEIGER: That's correct.
MS. CAPPLEMAN: All right. You may resume your seat. Thank you.
(Brief pause.)
MS. CAPPLEMAN: All right, Judge. May I pass around State's Exhibit 1, since we don't seem to be able to get this thing working?
JUDGE HANKINSON: You may.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. So let's just do this the old-fashioned way, sir. I think you said that your house is -- your house, there's kind of two homes in this photograph.
JAMES GEIGER: Mine is on the right side.
MS. CAPPLEMAN: All right. Thank you. And Mr. Markel's on the left; is that correct?
JAMES GEIGER: Correct.
JUDGE HANKINSON: All right. And to the jury, you're going to see exhibits during the course of the trial. You may see them well. You may not. You will have all exhibits for your consideration in the jury room to study more carefully, so don't feel like you have to memorize anything here.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. Sir, I want to draw your attention to the date, July 18th, 2014. Do you remember an event that occurred that day that was a little unusual?
JAMES GEIGER: Yes, I do.
MS. CAPPLEMAN: All right. Let's just let these jurors finish looking at that exhibit.
(Pause. )
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. If you would, sir, just tell us what initially got your attention that day --
JUDGE HANKINSON: Just put it on the rail.
MS. CAPPLEMAN: -- July 18th, 2014.
JUDGE HANKINSON: Thank you.
JAMES GEIGER: My wife and I were working on a laptop computer in our living room, which faces out to Trescott Drive. And it was just about this time on a Friday morning, which was the 18th. And we both heard a loud bang. We weren't sure what it was. And I stood up immediately and walked to -- we have a large window in the front of our house. I think that's called a bow window, but it's a large window.
And so I walked there to see if I could determine where the sound had come from. I didn't know whether it come from the right of us or to the left of us. And as I was looking, I noticed a car exiting Mr. Markel's driveway and then proceeding up to -- towards Betton Road on, on Trescott. And the car moved very quickly. My first thought was that perhaps there had been a burglary -- burglar attempt next door. we had heard rumors that there were some burglaries in the area.
MR. ZANGENEH: Judge, I'm going to object.
JUDGE HANKINSON: Overruled.
JAMES GEIGER: Some burglaries in the area. And that was my first thought. And so I immediately went outside and walked next door to Dan's house to see if I could notice that maybe there had been a burglary attempt and --
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. Let me stop you right there for just a moment. I'm going to approach with State's Exhibits 2 and 3.
(off-the-record discussion.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: And, sir, do you recognize State's Exhibit 2 and 3?
JAMES GEIGER: Yes.
MS. CAPPLEMAN: How do you recognize these exhibits?
JAMES GEIGER: well, these were taken from inside my house on that -- later that day.
MS. CAPPLEMAN: All right. Are these fair and accurate images of the view you would have had of Mr. Markel's driveway?
JAMES GEIGER: Yes.
MS. CAPPLEMAN: All right. Judge, at this time I'd ask to introduce State's 2 and 3.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: No objection from Garcia, Judge.
MR. DECOSTE: No objection, Your Honor.
JUDGE HANKINSON: They'll be admitted.
(State's Exhibit Nos. 2 and 3 received in evidence.)
MS. CAPPLEMAN: May I publish?
JUDGE HANKINSON: You may.
(Pause. )
MS. CAPPLEMAN: Sorry about this, Judge. we're going to get it working.
JUDGE HANKINSON: Everybody note I have not touched it. SO...
MS. CAPPLEMAN: Yeah. This is more like how things normally go.
(Pause. )
JUDGE HANKINSON: It might speed things up if you'd look at one and pass it down so we don't have to wait for each person to look at both photographs.
(Pause. )
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. we're going to move on while they're working on the technology.
So you hear this bang. You look out there and see this vehicle. what can you tell us about the vehicle as far as a description?
JAMES GEIGER: It looked to me like a Prius. I couldn't be certain that it was a Prius, but it certainly looked like a Prius. It was light colored. I thought perhaps silver, maybe even white.
MS. CAPPLEMAN: All right. And what about the occupants of the vehicle? Did you observe them at all?
JAMES GEIGER: I couldn't see in the window. I didn't notice anything. It was just -- it happened very quickly.
MS. CAPPLEMAN: All right. And were you able to get the tag number of the vehicle?
JAMES GEIGER: No.
MS. CAPPLEMAN: All right. So you -- it got your attention enough to go out there and look around a little bit. what did you see when you went out there the first time?
JAMES GEIGER: AS I walked next door to Danny's house, like I said, my first thought was that somebody had tried to break jin, maybe tried to break in through the garage. But the garage door was open, and the car was in the garage. And the engine was running. And so then I thought to myself, well, this must not be a burglary attempt if Danny's here and he's getting ready to leave. And so I walked back to my house again.
MS. CAPPLEMAN: All right. Did you continue to keep an eye on what was going on over there?
JAMES GEIGER: Yeah. I, I stood in the front of the house in my window looking out. And I don't know why, but I just stood there for a few minutes waiting for him to leave and the car never left.
And I said to my wife, I think something, something seems odd. I don't know. Danny hadn't left yet. And so I said, I'm going to walk back and check it out. And so I did. And as I went next door, again, I looked and the garage door -- or the garage was -- door was still up. The car was still in the garage. The engine was still running. And I thought, well, I guess maybe he's on his cell phone talking, but it just didn't feel right. And I thought, well, I'l] walk on into the garage and I'll ask him if everything is okay.
So I did. And as I approached the driver's side of the car, I noticed that there was glass right in front of the door. And I immediately looked in at the car at the driver's side through the window, and it had been smashed in -- what appeared to be smashed in. And I was startled then to see Dan inside and his head was bloody. And I immediately said, Danny, what's happened? And there was no response. And I yelled out again, Danny, Danny, what's happened? And, again, there was no response except that his head was slowly moving from left to right, back and forth. And so my immediate thought then was we had to get medical out there as quickly as possible.
And I reached in my pocket for my cell phone to call 911, and my cell phone wasn't there. It had -- I had left it in the house on the couch, where I had been originally sitting. So I ran back to my house and grabbed the phone. I came out and started to dial 911.
I think my first attempt I put a extra digit, 9111, or something like that. But I could see that it wasn't the right one. So I then immediately dialed 911 and -- to try to get emergency help there as quick as possible.
MS. CAPPLEMAN: All right. Thank you.
MS. CAPPLEMAN: I'm going to approach with some additional exhibits, which I have numbered as five, six, seven, and also No. 4.
MR. DECOSTE: Magbanua would object to No. 5. If we could approach sidebar.
JUDGE HANKINSON: Okay.
MR. ZANGENEH: Judge, I'll address at sidebar.
(sidebar discussion held as follows):
MR. DECOSTE: Christopher DeCoste. My objection would be in kind to the objection that Ms. Cappleman made to Ms. Kawass using photographs of our client and her mother in our opening statements. I can understand that the State's need --
(Brief pause.)
JUDGE HANKINSON: Go ahead, Mr. Decoste. You need to repeat what you said.
MR. DECOSTE: My objection would parallel that of Ms. Cappleman to opening statement, specific to the use of Ms. Magbanua in the cap and gown with her mother with her children.
Although I understand the State's need of that photograph, such as a potential photograph of Medical Examiner's Office to establish identity, a photograph of Mr. Markel with the two boys is not relevant. I believe it is just being introduced to elicit a response to this jury to evoke sympathy.
MR. ZANGENEH: Judge, Saam Zangeneh on behalf of Mr. Garcia. I would join in on Mr. DeCoste's objection. They have the copy of Mr. Markel --
JUDGE HANKINSON: we don't need to get long-winded. I understand you're making your legal objection, and that should be sufficient.
MR. ZANGENEH: I think it's more prejudicial than probative.
JUDGE HANKINSON: MS. Cappleman.
MS. CAPPLEMAN: The photograph depicts Mr. Markel in arguing what the murder was about. So I would ask that I be able to offer it for identity of these people.
MR. DECOSTE: Your Honor, if I could respond briefly.
JUDGE HANKINSON: You may.
MR. DECOSTE: Although this existence is an issue, him having two boys and him having a photograph of his two boys is not the --
JUDGE HANKINSON: I'1I1 sustain the objection.
MR. ZANGENEH: Also, Judge, with regards to the Government -- I believe it's Government's Exhibit 8 didn't identify, which is a photograph, a aerial photograph of the Prius.
MS. CAPPLEMAN: It's four.
MR. ZANGENEH: I apologize. Number four. I don't think that this witness had that kind of view of the vehicle. His testimony was it was a fleeting observation. I don't think he can authenticate it.
JUDGE HANKINSON: Well, we haven't heard from him.
MS. CAPPLEMAN: Judge, may we see if there's an objection to alternate State's Exhibit 5, which is a picture with Mr. Markel without his children for identification?
MR. DECOSTE: I don't object to that.
MR. ZANGENEH: TI don't have a problem.
(Sidebar discussion concludes. )
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Mr. Geiger, I'm showing you what's been marked on State's Exhibit 5. Do you recognize State's 5?
JAMES GEIGER: Yes. It's Dan Markel.
MS. CAPPLEMAN: Is that a fair and accurate photograph of your neighbor, Mr. Markel?
JAMES GEIGER: Yes.
MS. CAPPLEMAN: And this is the man who you observed bleeding in his vehicle on July 18th --
JAMES GEIGER: yes.
MS. CAPPLEMAN: -- 2014?
MS. CAPPLEMAN: May I introduce and publish State's 5, Your Honor?
JUDGE HANKINSON: Any objection to State's 5?
MR. ZANGENEH: None from Mr. Garcia.
MR. DECOSTE: No objection.
JUDGE HANKINSON: Will be admitted.
(State's Exhibit No. 5 received in evidence.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Mr. Geiger, I'm now showing you what I've marked as State's Exhibits 6 and 7. Do you recognize State's 6 and 7?
JAMES GEIGER: Yes.
MS. CAPPLEMAN: How do you recognize these?
JAMES GEIGER: well, this is Dan Markel's house. On No. 6, you can see the edge of my house.
No. 7, it's a closer up view of his garage.
MS. CAPPLEMAN: And is this a fair and accurate view of the state of his garage at the time you observed it on the date that he was injured?
JAMES GEIGER: yes.
MS. CAPPLEMAN: Judge, at this time I'd ask to move into evidence State's 6 and 7.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: None from Mr. Garcia.
MR. DECOSTE: No objection.
JUDGE HANKINSON: It will be admitted, six and seven.
(State's Exhibit Nos. 6 and 7 received in evidence.)
MS. CAPPLEMAN: May I publish?
JUDGE HANKINSON: You may.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. Mr. Geiger, so when you went next door, was the garage door at Mr. Markel's house open?
JAMES GEIGER: Yes.
MS. CAPPLEMAN: All right. And on which side of the vehicle did you approach?
JAMES GEIGER: I approached the driver's side, which would be the left as you're looking in --
MS. CAPPLEMAN: All right. And --
JAMES GEIGER: -- to the garage.
MS. CAPPLEMAN: -- you mentioned the glass was broken or smashed in, I think you said?
JAMES GEIGER: I think I used the word smashed. It was -- little pieces of glass were on the floor. And as I looked at the window, it seemed to be a -- it was shattered and there was kind of a gaping hole.
MS. CAPPLEMAN: Okay. And when you're referring to the window, which window are you referring to?
JAMES GEIGER: The driver's side window, the front window.
MS. CAPPLEMAN: All right. So the window that's in the driver's door?
JAMES GEIGER: Yes.
MS. CAPPLEMAN: Okay. And is State's Exhibit 7 just a closer up view of kind of how things were situated when you approached that vehicle that day?
JAMES GEIGER: Yes.
MS. CAPPLEMAN: I'm going to show you what I've marked as State's Exhibit 4. You mentioned seeing a vehicle exit Mr. Markel's residence that morning. Have you had an opportunity to review State's Exhibit 4 prior to today?
JAMES GEIGER: Yes.
MS. CAPPLEMAN: And is the vehicle depicted in State's Exhibit 4 consistent with the vehicle you observed on the day in question?
JAMES GEIGER: Yes, it is.
MS. CAPPLEMAN: All right. And is there anything about this vehicle that you can say is different from or inconsistent with the vehicle you observed that day?
JAMES GEIGER: NO.
MS. CAPPLEMAN: All right. I'm going to ask that -- if you'll just initial State's Exhibit 4 anywhere on there. Let us know that that is consistent with what you observed.
(witness complies.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Thank you, sir.
(Pause. )
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: were you able to tell anything about the injury? You mentioned that he was obviously injured, but were you able to tell anything about what part of him was injured?
JAMES GEIGER: well, it was his head.
MS. CAPPLEMAN: Uh-huh.
JAMES GEIGER: And there was a lot of blood. And other than that, he didn't, he was not responsive, as I said, other than his head rolled back and forth. And when I called to him, he didn't respond.
MS. CAPPLEMAN: All right. And was the driver's door to his vehicle opened or closed?
JAMES GEIGER: It was closed.
MS. CAPPLEMAN: And was his vehicle running or not? If you know.
JAMES GEIGER: It was running, yes.
MS. CAPPLEMAN: And did you touch the car or Mr. Markel at all?
JAMES GEIGER: I didn't do either one.
MS. CAPPLEMAN: Did you move anything in the garage or do anything to move the car?
JAMES GEIGER: No, I did not.
MS. CAPPLEMAN: No further questions.
JUDGE HANKINSON: Garcia.
MR. ZANGENEH: Thank you, Judge.
CROSS-EXAMINATION BY MR. ZANGENEH:
MR. ZANGENEH: Good morning, Mr. Geiger.
JAMES GEIGER: Good morning.
MR. ZANGENEH: Ms. Cappleman, if I may.
MS. CAPPLEMAN: That one?
MR. ZANGENEH: All of them. Thank you so much.
BY MR. ZANGANEH:
MR. ZANGENEH: Your house is located to the -- your nextdoor neighbor -- or you were nextdoor neighbors with Mr. Markel, correct?
JAMES GEIGER: That's correct.
MR. ZANGENEH: And you're on the same side of the street as Mr. Markel?
JAMES GEIGER: That's correct.
JUROR: There's some right here.
MR. ZANGENEH: May I, Judge?
MS. CAPPLEMAN: Oh, sorry.
BY MR. ZANGENEH:
MR. ZANGENEH: Mr. Geiger, Government's Exhibit 3, this photograph -- do I need to come closer, sir, or do you recognize it?
JAMES GEIGER: No. I can see it. Yeah.
MR. ZANGENEH: This photograph depicts one of your windows, looking out into what appears to be Mr. Markel's driveway; is that correct?
JAMES GEIGER: Correct.
MR. ZANGENEH: And after you heard what -- as a loud sound, you were able to look outside your window and see a vehicle moving down Mr. Markel's driveway; is that correct?
JAMES GEIGER: It was backing out.
MR. ZANGENEH: Okay. was it backing out at a high rate of speed?
JAMES GEIGER: Seemed to be, yes.
MR. ZANGENEH: when you walked over to Mr. Markel's driveway, did there appear to be any tire or screech marks that you saw?
JAMES GEIGER: I didn't look.
MR. ZANGENEH: Did you hear what appeared --
JUDGE HANKINSON: Are you talking to the witness or the jury, Mr. Zangeneh?
MR. ZANGENEH: I'm sorry, Judge.
JUDGE HANKINSON: why don't you look at us, please, sir.
MR. ZANGENEH: No worries, Judge.
JUDGE HANKINSON: Thank you.
MR. ZANGENEH: I apologize.
JUDGE HANKINSON: Sure.
BY MR. ZANGENEH:
MR. ZANGENEH: Did you hear any screeching tires?
JAMES GEIGER: No.
MR. ZANGENEH: And about how long -- and I know this is a guesstimation. About how long would you say that you had a visual of the vehicle that you described?
JAMES GEIGER: I would say probably ten to 15 seconds. Ten probably would be closer.
MR. ZANGENEH: So closer to ten seconds, sir?
JAMES GEIGER: Ten to 15, yes.
MR. ZANGENEH: And during this time, where you had this ten-second window, isn't it correct that you are unable to identify any of the occupants of the vehicle, correct?
JAMES GEIGER: That is correct.
MR. ZANGENEH: And so you would be unable to indicate whether or not that there was one or two people in the car; is that correct?
JAMES GEIGER: That is correct.
MR. ZANGENEH: You would be unable to give a description as to what the driver looked like; is that correct?
JAMES GEIGER: That's correct.
MR. ZANGENEH: On your second trip to the, to the -- Mr. Markel's garage, when you did approach the vehicle and you saw Mr. Markel, did you walk up to the driver's side door?
JAMES GEIGER: Yes, I did.
MR. ZANGENEH: At any time, to your knowledge, did you step on any of the glass that was next to the driver's side door?
JAMES GEIGER: I think I must have. Yes.
MR. ZANGENEH: No further questions.
JUDGE HANKINSON: Magbanua.
MR. DECOSTE: Your Honor, I have no questions for Mr. Geiger. Thank you, sir.
JUDGE HANKINSON: Any redirect?
MS. CAPPLEMAN: Judge, I have one additional area to cover with this witness. I was hesitant to do it because of the technology --
JUDGE HANKINSON: Go ahead.
MS. CAPPLEMAN: -- but I understand we're going to be able to do it. So I'm going to approach and show Mr. Geiger State's Exhibit 123.
MR. ZANGENEH: Judge, I would -- this is redirect. If the Government --
JUDGE HANKINSON: we'll give you cross on it.
MR. ZANGENEH: Thank you.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Mr. Geiger, have you previously had an opportunity to review this exhibit?
JAMES GEIGER: Yes, I have?
MS. CAPPLEMAN: And how do you know this is the same exhibit that you previously reviewed?
JAMES GEIGER: well, I initialed it right here Cindicating).
MS. CAPPLEMAN: All right. And what was on this exhibit?
JAMES GEIGER: This is a recording of the 911 call and -- in its entirety.
MS. CAPPLEMAN: All right. And was this call made by you? Is this your voice on the call?
JAMES GEIGER: Yes, it is.
MS. CAPPLEMAN: And is it a fair and accurate recording of the call that you made that day?
JAMES GEIGER: Yes, it is.
MS. CAPPLEMAN: And was the call made at or near the time that you perceived these injuries to your neighbor?
JAMES GEIGER: Yes. It was, you Know, within a couple of minutes of my discovering him in the car, when I was then able to make the 911 call.
MS. CAPPLEMAN: And is it fair to say that you were still under the stress of the event of observing that sight when you made the call?
JAMES GEIGER: Yes. Of course.
MS. CAPPLEMAN: Okay. Judge, at this time I'd ask to move in evidence State's Exhibit 123.
JUDGE HANKINSON: Objection?
MR. DECOSTE: No objection, Your Honor.
MR. ZANGENEH: No objection from Mr. Garcia.
JUDGE HANKINSON: Be admitted.
(State's Exhibit No. 123 received in evidence.)
MS. CAPPLEMAN: May I publish?
JUDGE HANKINSON: You may.
MS. CAPPLEMAN: We'll see.
(Pause. )
JUDGE HANKINSON: we're about due for a break anyway. why don't we let the jury step out with the bailiff. we'll take ten minutes.
(Jury exits; brief recess.)
BAILIFF: All rise. Court's back in session.
JUDGE HANKINSON: Let's have a jury, please.
(Jury enters.)
JUDGE HANKINSON: Everybody be seated, please. You may proceed, Ms. Cappleman.
REDIRECT EXAMINATION (cont)
MS. CAPPLEMAN: State's publishing No. 123.
JUDGE HANKINSON: Okay.
(State's Exhibit No. 123 plays as follows):
AUDIO RECORDING: 911, what's the address of your emergency?
AUDIO RECORDING: It's right next door to my house, which is 2122 Trescott Drive.
AUDIO RECORDING: Can you repeat that for verification?
AUDIO RECORDING: 2122 Trescott Drive, with a T.
AUDIO RECORDING: Okay. The phone number where you're calling from?
AUDIO RECORDING: I'm calling from (850)212-4623.
AUDIO RECORDING: Okay. Tell me exactly what happened.
AUDIO RECORDING: We heard a loud bang and a car pulled away from next door. I came over and looked in. The garage door was up, and I thought the gentleman was backing out. I went back to my house, but he never backed out. And I came back over and his win -- his driver's side window is shattered and he's spattered and can't answer. He's inside. I don't know if somebody tried to shoot him or if he shot himself or what. I don't know.
AUDIO RECORDING: Okay. It was at this location?
AUDIO RECORDING: Correct. Right next door. I gave you mine. I don't know his address --
AUDIO RECORDING: Okay.
AUDIO RECORDING: You need to send an ambulance in a hurry, EMT. He's still alive. He's moving.
AUDIO RECORDING: Okay. what's, what's going on with him?
AUDIO RECORDING: I don't know. The driver's side window was all bashed in. He's inside the car. It's running and he's got blood all over his head. He's not responding to me. That number, by the way, is 2116, 2116.
AUDIO RECORDING: what's your name, sir?
AUDIO RECORDING: My name is Jim Geiger, G-E-I-G-E-R, and you need to hurry.
AUDIO RECORDING: Yeah. I'm going to go them on the way to you. I just want to ask you a few questions. Okay?
AUDIO RECORDING: Go ahead. But send them as you're asking.
AUDIO RECORDING: Yes, sir. They're already on the way. Okay?
AUDIO RECORDING: Oh.
AUDIO RECORDING: Are you with him now?
AUDIO RECORDING: I'm standing right outside the garage door.
AUDIO RECORDING: Can you tell me how old he is?
AUDIO RECORDING: I don't know. He looks like maybe 35 or 40. It could be our neighbor. I can't tell. The body -- it could be the man who owns the house.
AUDIO RECORDING: And it's 2116 Trescott?
AUDIO RECORDING: That's right.
AUDIO RECORDING: Is it Trescott Drayton?
AUDIO RECORDING: Drive.
AUDIO RECORDING: Just Trescott Drive.
AUDIO RECORDING: Trescott Drive.
AUDIO RECORDING: Hang on one second for me. Okay?
AUDIO RECORDING: Okay.
AUDIO RECORDING: A change in the location. It's just Trescott Drive not Trescott Drayton.
All right, sir. I apologize about that. what is the -- how old is the patient, again? I'm sorry.
AUDIO RECORDING: I can't tell. He looks maybe 35 or 40. I don't know.
AUDIO RECORDING: Okay. And is he awake?
AUDIO RECORDING: He was moving his head around but he's not responding. I called his name to ask what's going on. I called his name to ask him what's happening. He's not responding to that, but his head is kind of rolling around.
AUDIO RECORDING: Okay. Is he conscious?
AUDIO RECORDING: well, I can't tell.
AUDIO RECORDING: Okay. Is he breathing?
AUDIO RECORDING: I can't tell that. I'm assuming he's breathing if he's moving his head around.
AUDIO RECORDING: Did you ever hear him talk or anything?
AUDIO RECORDING: No.
AUDIO RECORDING: Okay. You said he's sitting in the car, right?
AUDIO RECORDING: Correct. In the driver's seat. The car is running.
AUDIO RECORDING: Is he in the -- okay. where exactly is he in the driver's seat? Do you know?
AUDIO RECORDING: In the driver's seat.
AUDIO RECORDING: Is he in the garage or...
AUDIO RECORDING: In the garage.
AUDIO RECORDING: Okay. Can you direct the emergency crews to him, sir?
AUDIO RECORDING: Sure. Sure.
AUDIO RECORDING: Okay. All right. I'm sending the paramedics to help you now. Just stay on the line. I will tell you exactly what to do next.
AUDIO RECORDING: Okay.
AUDIO RECORDING: If it's safe to do so, see if he is conscious and breathing or moving at all. Okay?
AUDIO RECORDING: I -- it's not safe for me to do it. I don't want to put my hands in here.
AUDIO RECORDING: Okay. well, help is on the way.
AUDIO RECORDING: Okay.
AUDIO RECORDING: All right.
AUDIO RECORDING: I'll be standing by.
AUDIO RECORDING: Okay. Is there any other thing -- you said there was another vehicle that you saw driving away?
AUDIO RECORDING: Yes. we heard a noise, a loud noise, and then I looked over and a car was backing up. I said it looked sort of like -- it was light colored, white or silver. I want to say it was a Prius, but it could have been a different car but a small car about that size. And it turned and it, and it left the scene rapidly, which seemed to be unusual. There's usually not even a car over there.
And I heard about break-ins in the area, and so I decided to walk over and take a look. And the garage door was open and the car was running. And so I thought that was my neighbor who was getting ready to back out. And so I walked back to my house, which is just two feet away. And he never came out.
So then I walked back over. He's still in there, and I thought I would go up and ask him what was happening. And then I saw the window was shattered, and he's got blood all over his head.
AUDIO RECORDING: what did the vehicle that was driving away look like, again?
AUDIO RECORDING: It looked sort of like a Prius, but I couldn't tell you for sure that it was a Prius. It was light colored. Maybe it was white or silver.
I'm going to be over here waiting for the EMT, honey. Okay. Go ahead. But just tell the kids to go on inside. They're okay. Tell them I'm out here.
AUDIO RECORDING: All right. Just stay on the line for me for now. Okay, sir?
AUDIO RECORDING: Okay. I'm here.
AUDIO RECORDING: I got them on the way to you.
AUDIO RECORDING: Very good. I'm standing at the street. So if I see them coming down the street, I can direct them right in.
AUDIO RECORDING: So he won't respond to you at all?
AUDIO RECORDING: I --
AUDIO RECORDING: Did you holler at him or anything?
AUDIO RECORDING: Through the window, yeah. He didn't respond, but his head kind of moving around.
AUDIO RECORDING: Okay.
AUDIO RECORDING: I walked away from the car right now. I'm standing at the street. So...
AUDIO RECORDING: And he's just parked in the garage? It doesn't look like he ran -- like, crashed into the garage?
AUDIO RECORDING: No. NO.
AUDIO RECORDING: Okay.
AUDIO RECORDING: He's inside. The window is shattered. The garage door was up.
AUDIO RECORDING: Okay.
AUDIO RECORDING: where is the vehicle dispatched from?
AUDIO RECORDING: I'm not sure. Give me a second. I will try to see where they are. Okay?
Is he still moving around?
AUDIO RECORDING: I don't know. I'm standing at the street now trying to wait for your vehicle. You said you were checking on where it was?
AUDIO RECORDING: Yes, Sir.
AUDIO RECORDING: Or where it's coming from?
AUDIO RECORDING: Uh-huh.
AUDIO RECORDING: Where is it coming from?
AUDIO RECORDING: we've got to -- I'm checking.
AUDIO RECORDING: Okay.
AUDIO RECORDING: we've got several people on the way. It looks like one person is coming from Maclay Road.
AUDIO RECORDING: Okay. well, it may take them a while to get here then. we're close to the hospital. So...
AUDIO RECORDING: Uh-huh.
AUDIO RECORDING: I know -- I mean, the car is running. He was inside and his head's all bloody and he is not responding. So -- go ahead.
AUDIO RECORDING: So you're saying his head is bloody now?
AUDIO RECORDING: Yes. It's been bloody. I mean, it's -- the window is shattered. I don't know if he was trying to shoot himself. I don't know what the situation is.
AUDIO RECORDING: It's the driver's side window, correct?
AUDIO RECORDING: That's correct. He's still moving around so he's alive.
AUDIO RECORDING: Okay. It looks like I should have an officer coming up the roadway.
AUDIO RECORDING: Okay. Well, we need EMT.
AUDIO RECORDING: The officer's going to be there first. They're not going to come until we figure out what's going on. But they're on the way, as well. Okay?
AUDIO RECORDING: It better be if this guy's been shot.
AUDIO RECORDING: Yes, Sir. They're on the way, as well. Okay?
AUDIO RECORDING: Yeah. It looks like he's -- it could be an officer now.
AUDIO RECORDING: Is he there?
AUDIO RECORDING: Yeah. He's just coming up right now.
AUDIO RECORDING: Okay. I'm going to go ahead and let you go, sir. Okay?
AUDIO RECORDING: Okay. Very good.
AUDIO RECORDING: Thank you. Bye.
(State's Exhibit No. 123 concludes.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Mr. Geiger, when you observed the first first responder arrive at the scene, that was at the 14 minute and 36 second point into that call; is that accurate, about?
JAMES GEIGER: It seemed a lot longer.
MS. CAPPLEMAN: All right. And during the time that we listened to that 14 minutes and 36, Mr. Markel was still alive and moving.
JAMES GEIGER: That's correct.
MS. CAPPLEMAN: No further questions.
JUDGE HANKINSON: Cross.
MR. ZANGENEH: No questions from Mr. Garcia, Judge.
MR. DECOSTE: No questions, Your Honor. Thank you.
JUDGE HANKINSON: All right. Any juror have a question of this witness? Just raise your hand. write it down on a piece of paper. we'll go to sidebar. The bailiff will collect the question.
(sidebar discussion held as follows):
JUDGE HANKINSON: If looking at the house, what side is Dan Markel's house is to the witness?
So I guess if you're looking at it, he wants to know whether Markel's house to the left or to the right. Either side have objection to that question?
MS. CAPPLEMAN: No, Your Honor.
MR. ZANGENEH: No, Judge.
MR. DECOSTE: No.
MR. ZANGENEH: I believe it's the left.
JUDGE HANKINSON: It might help if we had the photo, which is the --
MS. CAPPLEMAN: State's 1.
JUDGE HANKINSON: would you get that for me, please, Ms. Cappleman?
(Sidebar discussion concludes.)
JUDGE HANKINSON: Do you need this?
MS. CAPPLEMAN: Maybe.
JUDGE HANKINSON: We just want to clarify. Mr. Geiger, which is your house, and which was Dr. Markel's house?
JAMES GEIGER: How do I make this thing work, Judge?
JUDGE HANKINSON: What's that?
JAMES GEIGER: How do I make it work?
JUDGE HANKINSON: Okay. It's just this button right there.
JAMES GEIGER: Oh, okay.
JUDGE HANKINSON: The little red dot.
JAMES GEIGER: All right. This is my house right here. This is Mr. Markel's house here.
JUDGE HANKINSON: All right. Any follow-up from the attorneys?
MS. CAPPLEMAN: No, sir.
MR. ZANGENEH: No, Judge.
MR. DECOSTE: No, Your Honor. Thank you.
JUDGE HANKINSON: All right. You can step down, Mr. Geiger.
Do we need to keep him further?
MS. CAPPLEMAN: NO, sir.
JUDGE HANKINSON: Either side, y'all need him for any reason?
MR. ZANGENEH: No, Judge.
JUDGE HANKINSON: Do you need Mr. Geiger held for any reason?
MR. DECOSTE: No, Your Honor.
JUDGE HANKINSON: All right. You're excused, Mr. Geiger. Free to go about your business.
Do you have a brief witness you want to do before lunch? You want --