Courtroom Directives; Joanne Maltese — Direct/Cross
291 linesJUDGE HANKINSON: Everybody please be seated. I just want to clean up a couple of things. In opening statement, both sides were talking about people in many instances by first name. We're not going to get into just referring to people by first name. I decided not to intervene since it involved both sides, but we need to — I want you to refer to people either as Mr. and Ms., or by their full name. We're not going to get into referring to people by just their first name; that becomes a little too casual. And we're not going to get into speaking objections. If you have an objection, stand, state your legal objection. If you feel a sidebar is needed, let me know that; I may or may not grant a sidebar. Please don't if there's something you think I don't under— ask for a sidebar. Fifteen minutes to lunch, so we have time. I want you to show the defense the exhibit that you've marked, Ms. Cappleman. The other side. You know what you know what's been marked. If you change anything, Ms. Cappleman, let them know. But you all know what's been marked and what's been and what number has been marked on, so we're going to move it along a little bit. Anything from any of the parties?
MR. DECOSTE: With respect to the evidence, if the state could, I heard numbers on some of the piece of evidence in the hundreds. I don't know how quickly we can get through all of that. I don't know if we can do it during lunch. I won't the state be willing to give it to us in chronological order so that if we can't get through the whole group, we can review tomorrow, also on Tuesday, we're available and we can't even look at all of it.
JUDGE HANKINSON: I'm not going to get into y'all's negotiations. All right, we'll be in recess till 1:15.
Beginning of Joanne Maltese direct missing from source.
MS. CAPPLEMAN: Do you have a notification to anyone?
JOANNE MALTESE: No, I did not.
MS. CAPPLEMAN: All right. And does that mean that no one ever touched any of those four door handles and the other areas that you mentioned?
JOANNE MALTESE: No, it doesn't. And on the door handles, you're using a swab also.
JOANNE MALTESE: So that could potentially destroy any fingerprints. But the DNA is what investigators normally will choose to be collected.
MS. CAPPLEMAN: Okay. So the swabbing for the possible presence of DNA could interfere with the fingerprints?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: And you kind of have to make a decision, because I assume lifting the prints could interfere with the DNA.
JOANNE MALTESE: Correct.
MS. CAPPLEMAN: Okay. So in this case a decision was made to do the swabbing first.
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: Okay. And so we talked about, you know, not — the absence of fingerprints does not necessarily mean that no one ever touched the vehicle. We talked about the swabbing could interfere with it. Because are there other things that could interfere with the fingerprint that was left on a surface?
JOANNE MALTESE: You could wash your vehicle. Road debris or dirt could come on the vehicle. A lot of different things — someone could brush up against the vehicle and not wipe it off, I mean.
MS. CAPPLEMAN: Are fingerprints always left on a surface that's touched?
JOANNE MALTESE: No, they're not.
MS. CAPPLEMAN: No? Could you explain a little bit about why that is?
JOANNE MALTESE: When a fingerprint's left, it's the image of the fingerprints that are on your finger. When you touch a subject or an object and you lift your finger off, if there's movement involved you just get smudges, which can't be read. You could wipe it. You could pick something up and put it in your pocket — it's wiped off. Also, there's residue. There could be dust on your surface, so instead of leaving a fingerprint you're just taking dust away. As well as, you may not have any oils or residues on your fingers when you touch something.
MS. CAPPLEMAN: I'm approaching with what's been marked as State's Exhibits 11 through 18.
MS. CAPPLEMAN: Can you just take a moment to look through each of those? Do you recognize State's 11 through 18?
JOANNE MALTESE: Yes, I do.
MS. CAPPLEMAN: What are they?
JOANNE MALTESE: Photographs. Photographs of evidence collected from the vehicle.
MS. CAPPLEMAN: Are they fair and accurate photographs of the evidence that you collected from this vehicle?
JOANNE MALTESE: Yes, they are.
MS. CAPPLEMAN: Judge, at this time I'd ask to move into evidence State's 11 through 18.
JUDGE HANKINSON: Any objection?
MR. DECOSTE: No objection.
JUDGE HANKINSON: All right. That will be admitted.
MS. CAPPLEMAN: On the flood, what are we looking at?
JOANNE MALTESE: Photograph of the interior of the rear passenger compartment of the vehicle.
MS. CAPPLEMAN: All right. And these two car seats are — looking at the flood vehicle?
JOANNE MALTESE: Yes. A broken pair of eyeglasses that was on the garage floor between the door and the vehicle — the open door and the vehicle.
MS. CAPPLEMAN: A 13?
JOANNE MALTESE: An eyeglass that was on the garage floor between the door and the vehicle — the open door — glass lens. That one is the floorboard of the driver's seat. Is going to be the front driver's window.
MS. CAPPLEMAN: Okay. And the window, it's going to be an enlarged or close-up photo of that hole in the driver's window?
JOANNE MALTESE: Yes, it is.
JOANNE MALTESE: It's going to be the floorboard of the driver's seat.
MS. CAPPLEMAN: And what items of evidence were you attempting to depict in this photograph?
JOANNE MALTESE: It's going to be an overall photograph, but in the photograph there is glass and a business card.
MS. CAPPLEMAN: A business card here?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: Did you collect that item?
JOANNE MALTESE: Yes, I did.
JOANNE MALTESE: Give me a wallet that I collected from, I believe, the glove box.
JOANNE MALTESE: I believe the glove box was closed, but I'm not a hundred percent — that would be one of the investigators that was going to be money and contents — a photograph of money and contents of the wallet.
JOANNE MALTESE: Not from this distance, but I might be able to, I mean.
MS. CAPPLEMAN: Do — if you need a refresher, reflection as well — you are able to tell us?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: All right. Whose identification is there?
JOANNE MALTESE: Mr. Markel.
MS. CAPPLEMAN: I want to ask you about one other area regarding fingerprint testing. The back door knob — was that something that you tested as far as the entry into the house?
JOANNE MALTESE: Uh, I just have "back door knob." I believe it was an access to the house.
MS. CAPPLEMAN: All right.
JOANNE MALTESE: I know I collected a swab of that.
MS. CAPPLEMAN: And would that be the door that led from the garage into the residence, or some other door?
JOANNE MALTESE: Yes, the door from the garage into the residence.
MS. CAPPLEMAN: And that item was tested for — or, it was swabbed for the potential presence of DNA?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: And again, the swab would interfere with the presence of fingerprints?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: And again, you're not the person that tests that swab — it goes somewhere else for that?
JOANNE MALTESE: Right.
MS. CAPPLEMAN: Okay. I want to ask you a little bit about the condition of the car, if you can just explain what condition — or what things you observed about the car when you were processing it.
JOANNE MALTESE: Car seats were in the back, children's items were in the back, broken window on the driver's side.
MS. CAPPLEMAN: Did you observe any substance inside the vehicle consistent with blood?
JOANNE MALTESE: Yes, I collected — There was a towel with suspected blood on it, and I believe there was blood on the seat.
MS. CAPPLEMAN: Okay. And did you note any casings or projectiles inside the vehicle?
JOANNE MALTESE: No, we searched the vehicle and the garage for casings and projectiles and did not locate any.
MS. CAPPLEMAN: Could you just briefly explain to the jury what a casing and projectile is?
JOANNE MALTESE: A bullet — what comes out of the front of the gun — is the projectile, and a casing is what that is all in. It's ejected from the — either ejected, or if it's a revolver it stays in, but it's what remains with the gun.
MS. CAPPLEMAN: All right. And none of those items were found inside the vehicle?
JOANNE MALTESE: Correct.
MS. CAPPLEMAN: Or anywhere else on the crime scene?
JOANNE MALTESE: Correct.
MS. CAPPLEMAN: All right. I want to talk about what you did State's 159 through 165.
JOANNE MALTESE: Yes, I do. It is packaged with my signature and my handwriting on it.
JOANNE MALTESE: Yes, it's going to be the business card that was in the photo on the driver's floorboard.
JOANNE MALTESE: Michael Strickland.
MS. CAPPLEMAN: Do you recognize 160, and I'm going to show you that together with State's 161?
JOANNE MALTESE: Yes, in my packaging.
MS. CAPPLEMAN: How do you recognize these items?
JOANNE MALTESE: They are both in my packaging with my signatures.
MS. CAPPLEMAN: And are they in the same or substantially the same condition as when you collected them?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: Tell us what they are first.
JOANNE MALTESE: Exhibit 160 is an eyeglass frame that I collected from the front passenger floorboard. And State's Exhibit 161 is presumably the other side of the broken eyeglass frame that was on the garage floor between the driver's door and the vehicle.
MS. CAPPLEMAN: Judge, at this time I'd ask to move into evidence State's 160 and 161.
JUDGE HANKINSON: Any objections?
MR. ZANGENEH: None from Mr. Garcia.
MR. DECOSTE: No objection.
JUDGE HANKINSON: They'll be admitted without objection.
MS. CAPPLEMAN: This one I'm publishing, State's 159.
MS. CAPPLEMAN: It's the business card that was in the vehicle?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: That's 160, eyeglass in the front passenger floorboard.
MS. CAPPLEMAN: State's—
JOANNE MALTESE: 161, eyeglass frame, broken, garage floor by the front driver's door.
MS. CAPPLEMAN: Next.
MS. CAPPLEMAN: I'd like to show you what have been marked as State's Exhibits 162 and 163 and ask if you recognize these items?
JOANNE MALTESE: Yes, I do.
MS. CAPPLEMAN: How do you recognize them?
JOANNE MALTESE: They are in my packaging from the scene, with my signatures and seal.
MS. CAPPLEMAN: And are these items in the same or substantially the same condition as when you impounded the items?
JOANNE MALTESE: Yes, they are.
MS. CAPPLEMAN: Judge, at this time I'd ask to move into evidence State's 162 and 163.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: None from Mr. Garcia, Judge.
MR. DECOSTE: No objection.
MS. CAPPLEMAN: What is 163?
JOANNE MALTESE: 163 is a broken eyeglass lens.
MS. CAPPLEMAN: Where was that?
JOANNE MALTESE: That one was from the front driver's seat.
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: I'm showing you what's been marked as State's 164. Do you recognize 164?
JOANNE MALTESE: Yes, I do.
JOANNE MALTESE: Item number 164 is the brown wallet and the contents that were taken from the glove box.
MS. CAPPLEMAN: Is it in the same or substantially the same condition as—
JOANNE MALTESE: Yes, it is. Minus the cash money.
MS. CAPPLEMAN: What happens to the cash money?
JOANNE MALTESE: I have to impound that separately.
JOANNE MALTESE: It gets held in a separate vault in the property and evidence section.
MS. CAPPLEMAN: And are you able to get a better look at this exhibit as to whose identification that is?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: And whose is it?
JOANNE MALTESE: Daniel Markel.
MS. CAPPLEMAN: And, Judge, at this time I ask to introduce State's 164.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: No objection.
MR. DECOSTE: No objection.
MS. CAPPLEMAN: Judge, I'm showing you State's 165. Do you recognize this exhibit?
JOANNE MALTESE: Yes, I do.
MS. CAPPLEMAN: How do you recognize this exhibit?
JOANNE MALTESE: With my packaging and my originals and my seals.
MS. CAPPLEMAN: What is this exhibit?
JOANNE MALTESE: This is the portion that I could collect out of the front driver's window.
MS. CAPPLEMAN: Okay, so the same area that we were looking at in the photographs?
JOANNE MALTESE: Yes, it's the piece of glass.
MS. CAPPLEMAN: And how were you able to extract this?
JOANNE MALTESE: I used clear tape, and I taped both sides of the window before taking it out so it wouldn't crumble.
MS. CAPPLEMAN: Is it in the same condition as when you impounded it?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: Judge, at this time I ask to move into evidence State's 165.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: None from Garcia.
MR. DECOSTE: No objection.
JUDGE HANKINSON: Be admitted without objection.
MS. CAPPLEMAN: May I pass this around to the public?
MS. CAPPLEMAN: Ms. Maltese, were you also asked to photograph Wendi Adelson's vehicle?
JOANNE MALTESE: Yes, I was.
MS. CAPPLEMAN: And when and where did you do that?
JOANNE MALTESE: I got that at 3 p.m. on 7-18 of 2014 at the Tallahassee Police Department.
MS. CAPPLEMAN: Was that the same date that you photographed the scene that we just viewed?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: Okay. I'm going to show you State's Exhibits 19 through 22.
MS. CAPPLEMAN: Do you recognize these exhibits?
JOANNE MALTESE: Yes, I do.
MS. CAPPLEMAN: How do you recognize them?
JOANNE MALTESE: I took the photos.
MS. CAPPLEMAN: All right. And are these fair and accurate photos of the vehicle as it appeared when you photographed it?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: At this time I ask to move into evidence State's 19 through 22.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: No objection from Mr. Garcia.
MR. DECOSTE: No objection.
JUDGE HANKINSON: It'll be admitted.
JUDGE HANKINSON: They'll be admitted.
MS. CAPPLEMAN: State's 21 — Ms. Maltese, what is the description of State's 21?
JOANNE MALTESE: 21 depicts a photograph of a plastic bag with an ABC liquor receipt and a bottle of alcohol that was observed on the front passenger seat.
MS. CAPPLEMAN: And what brand of alcohol?
JOANNE MALTESE: Small batch Bulleit Rye Frontier Whiskey — Bulleit, B-U-L-L-E-I-T.
MS. CAPPLEMAN: State's 22 — is that a close-up photograph of the receipt?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: 22 — I'm asking if you can inform the jury when the receipt indicates that the bottle of whiskey was purchased.
JOANNE MALTESE: 7-18-2014 at 12:49.
MS. CAPPLEMAN: Did you go to the hospital to photograph the victim's injuries in this case?
JOANNE MALTESE: Yes, I did.
MS. CAPPLEMAN: Approach with 23, 24, and 25.
JUDGE HANKINSON: Go, sidebar.
JUDGE HANKINSON: Go.
MS. CAPPLEMAN: All right, Ms. Maltese, back to 23, 24, and 25. Do you recognize these exhibits?
JOANNE MALTESE: Yes, I do.
MS. CAPPLEMAN: How do you recognize these exhibits?
JOANNE MALTESE: They're photographs that I took at TMH emergency room.
MS. CAPPLEMAN: Are they fair and accurate photographs of the condition of Dan Markel when you took these photographs?
JOANNE MALTESE: Yes, they are.
MS. CAPPLEMAN: All right, and tell us again when these photographs were taken.
JOANNE MALTESE: These were taken approximately 12:20 or slightly thereafter on 7-18-2014.
MS. CAPPLEMAN: Clarify — that'd be 20 minutes after noon?
JOANNE MALTESE: Yeah. Always get mixed up on which is a.m., which is p.m., but it's 20 minutes after noon.
JUDGE HANKINSON: Okay. 23, 24, and 25 will be admitted.
MS. CAPPLEMAN: Thank you, Judge. I think I prefer to pass around 23, or I can walk down and do it.
JUDGE HANKINSON: That's acceptable. Okay.
MS. CAPPLEMAN: Publishing State's Exhibit 24.
MS. CAPPLEMAN: What were you trying to capture in this image?
JOANNE MALTESE: A dark stain on his left forearm.
MS. CAPPLEMAN: Is there— in here?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: And do you know what that dark stain is?
JOANNE MALTESE: It's consistent with stippling.
MS. CAPPLEMAN: What's stippling?
JOANNE MALTESE: Close contact to a weapon being fired. It'll be some of the gunpowder residue.
MS. CAPPLEMAN: Do— there's a pointer there, maybe point out what you're talking about.
JOANNE MALTESE: Area on the outside left forearm.
MS. CAPPLEMAN: Yes. No further questions.
JUDGE HANKINSON: Cross.
MR. ZANGENEH: Good afternoon.
MR. ZANGENEH: I'm going to ask you some questions with regards to your investigation, if that's okay.
JOANNE MALTESE: Okay. Yes. I don't do the investigation, I just do collection.
MR. ZANGENEH: Well, your collection is part of an overall investigation, and that's what I was referring to.
JUDGE HANKINSON: Could you just get to your question, please?
MR. ZANGENEH: Yes, Judge, of course.
MR. ZANGENEH: I'm going to refer to State's Exhibit 7.
MR. ZANGENEH: Ms. Maltese, was that the view that you had as you were approaching 2116 Trescott?
JOANNE MALTESE: Yes, the inner perimeter, yes.
MR. ZANGENEH: And was the vehicle as photographed in this picture in the same position as it was when you got there on that day?
JOANNE MALTESE: Yes.
MR. ZANGENEH: And I believe if you look closely, you can see that the driver's side door and the passenger side door are both open.
JOANNE MALTESE: Correct.
MR. ZANGENEH: Were you able to take a measurement from the left portion of the vehicle to the wall on the inside of the garage?
JOANNE MALTESE: I completed a sketch that had measurements on it.
MR. ZANGENEH: And roughly, what's the distance, if you recall, from the left exterior of the vehicle to wherever there were items inside the garage?
JOANNE MALTESE: I would have to see that sketch to determine that.
MR. ZANGENEH: Did you bring that sketch with you today?
JOANNE MALTESE: No, I did not.
MR. ZANGENEH: Did you—
JOANNE MALTESE: It's part of evidence. It was impounded as evidence.
MR. ZANGENEH: Okay. And you don't have an independent recollection?
JOANNE MALTESE: No, I do not.
MR. ZANGENEH: Did you write that information in the report that you drafted in conjunction with this investigation?
JOANNE MALTESE: No, it would have been written on the sketch and impounded as evidence.
MR. ZANGENEH: Were there— well, well, let's eyeball. Would you say it was a few feet?
JOANNE MALTESE: I couldn't even guess at this point. I have not been there since that day.
MR. ZANGENEH: As a crime scene analyst, by simply looking at that photograph and using your common sense and your experience—
JOANNE MALTESE: May I see the photograph? Here, it's too dark to even determine where anything is.
JUDGE HANKINSON: Actually, there's not a question.
MR. ZANGENEH: Sure, no problem. What I'm going to do is, I'm going to provide government's Exhibit 9. That's a closer view of the vehicle positioned in the same exhibit — well, in the same position as it was in Exhibit 7 for the government. Is that correct?
JOANNE MALTESE: Yes.
MR. ZANGENEH: Judge, may I approach the clerk?
JUDGE HANKINSON: What's that?
MR. ZANGENEH: May I approach the clerk to give this exhibit back?
JUDGE HANKINSON: Let's just move on. She couldn't get him at the end.
MR. ZANGENEH: Based on this exhibit, which gives a closer rendition, can you give a guesstimate of what the distance is from here?
JOANNE MALTESE: Three to four feet.
MR. ZANGENEH: And you'll agree with me that close to where the driver's side door handle or the driver's side door, there are items directly behind and next to that position, is that correct?
JOANNE MALTESE: I don't recall if those coolers that you see in the photograph to the left-hand side were behind the door, which would mean there would be nothing next to the door open to the vehicle — I mean, to the door.
MR. ZANGENEH: So those coolers were in front of where the door would be, correct?
JOANNE MALTESE: It appears in those pictures that it's in front and behind.
MR. ZANGENEH: I'm sorry. I'm sorry, can you say that again?
JOANNE MALTESE: Behind.
MR. ZANGENEH: Behind. So if somebody was standing close to that window, where would the cooler be in conjunction to that person? If somebody was standing—
JOANNE MALTESE: If I can recall, it'd be behind them if they're facing the door.
MR. ZANGENEH: Was any forensic examination, whether it's DNA swabs, fingerprints, done on any of the items to the left of that photograph?
JOANNE MALTESE: No.
MR. ZANGENEH: So let's go through it. The cooler — the blue cooler on the bottom. No forensic examination was done on that cooler, correct?
JOANNE MALTESE: Correct.
MR. ZANGENEH: The white cooler above — was any forensic examination done on the white cooler above?
JOANNE MALTESE: No, it was not.
MR. ZANGENEH: Any of the other items that are not photographed — well, let me ask this. Were there other additional miscellaneous items behind — and what I mean behind, I mean closer towards us — with regards to the white and blue cooler?
JOANNE MALTESE: Yes, I believe there was a shelf.
MR. ZANGENEH: Okay. And was any — you indicated that you guys did a, uh, was it a DNA swab on the door handle to get into the house?
JOANNE MALTESE: Yes.
MR. ZANGENEH: Was any kind of forensic examination done with regards to the shelf or any of the items on the shelf?
JOANNE MALTESE: No.
MR. ZANGENEH: Was there any evidence to suggest — well, let me ask you this. There was broken glass on the floor, correct?
JOANNE MALTESE: Correct.
MR. ZANGENEH: And was it in any kind of specific pattern, or was it in a random pattern as if it fell out when the door was opened? When you got there, had Mr. Markel's body been removed from the vehicle?
JOANNE MALTESE: Yes.
MR. ZANGENEH: Would it be fair to say that EMS came and — well, let me ask you this. Did they photograph the pattern of the glass prior to EMS coming and removing him from the vehicle?
JOANNE MALTESE: I don't know what was done prior to me getting there.
MR. ZANGENEH: As a member of this investigative team, have you seen any photographs that capture what pattern that glass potentially would have formed prior to EMS removing Mr. Markel from the front seat of his vehicle?
JOANNE MALTESE: No, but if there were any, I would not be privy to that.
MR. ZANGENEH: Do you know the dimensions in the — the height from the floor to the ceiling of that Honda Accord?
JOANNE MALTESE: It would be on that sketch.
MR. ZANGENEH: On the sketch. Okay. Pardon me one second.
JUDGE HANKINSON: You may.
MR. ZANGENEH: Nothing further from Mr. Garcia.
JUDGE HANKINSON: Magbanua?
MR. DECOSTE: No, Your Honor. No cross.
JUDGE HANKINSON: Any redirect?
MS. CAPPLEMAN: No, sir.
JUDGE HANKINSON: All right. Any juror have a question of this witness?
JUDGE HANKINSON: All right. You can step down. Do we want to keep her further?
MS. CAPPLEMAN: No, Your Honor.
JUDGE HANKINSON: Anybody need her further?
MR. ZANGENEH: No, Judge.
MR. DECOSTE: No, Your Honor.
JUDGE HANKINSON: All right. You're excused. Call your next witness.