6.Courtroom Directives; Joanne Maltese — Direct/Cross
462 lines(witness exits.)
JUDGE HANKINSON: Everybody be seated. I just want to clean up a couple of things. In opening statement, both sides, 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 to refer to people either Mr. or 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.
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 abuse the sidebar. I've been here a little while. I generally know what the objection means. But if there's something you think I don't understand, then ask for a sidebar. Be largely a matter of how often there are requests for sidebars, my view on sidebars. So -- but legal objection, any other discussion should be at sidebar.
At lunch, I want the State to show -- I added about 15 minutes to lunch so we had time. I want you to show the defense the exhibits that you've marked, Ms. Cappleman. Y'all stay and look at the exhibits. After that, we don't need to go through a big charade of showing it to the other side. You know what's been marked. If you change anything, Ms. Cappleman, let them know. But y'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. ZANGENEH: No, Judge.
JUDGE HANKINSON: All right.
MR. DECOSTE: Your Honor, with respect to the evidence, if the State could -- I heard numbers on some of the pieces 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 don't know if the State would be willing to give it to us in chronological order so that, if we can't get through the whole group, we could review tomorrow, also on Tuesday. We're available over the weekend to look at all of it.
JUDGE HANKINSON: I'm not going to get into y'all's negotiations.
MR. DECOSTE: Okay.
JUDGE HANKINSON: All right. we'll be in recess till 1:15.
(Lunch recess.)
BAILIFF: All rise. Court's back in session.
JUDGE HANKINSON: Are we ready for a jury?
MS. CAPPLEMAN: Yes --
MR. DECOSTE: Your Honor, if I may address something?
JUDGE HANKINSON: Okay.
MR. DECOSTE: Yesterday, Your Honor, before the motion hearing, I brought up the issue of the conversations we had with the State about what witnesses they would be calling. This makes the process go a lot smoother, allows us to be a lot more efficient, but also allows us to bring a lot of the gear that we need for the individual witnesses. We were informed yesterday of one thing. we're being informed of something differently today.
I believe that the State, they had one of two choices yesterday. The State was not going to share with the defense what witnesses we're going to call or actually share the accurate witnesses. Instead, they've told us, this is who's going to be testifying. And now it's the lead detective may be testifying, as well, today, too. I believe that's dirty baseball.
JUDGE HANKINSON: Let's have a jury, please.
(Jury enters.)
JUDGE HANKINSON: Everybody be seated.
call your next witness, please.
MS. CAPPLEMAN: State calls JoAnne Maltese.
JUDGE HANKINSON: If you would face the clerk and be sworn, please.
whereupon, JOANNE MALTESE 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, ma'am.
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Ma'am, please introduce yourself to the jury and spell your first and last name.
JOANNE MALTESE: JoAnne Maltese, J-O-A-N-N-E, Maltese, M-A-L-T-E-S-E.
MS. CAPPLEMAN: How are you employed, Ms. Maltese?
JOANNE MALTESE: Currently, I'm a business owner.
MS. CAPPLEMAN: All right. And what about back in 2014?
JOANNE MALTESE: A forensic specialist at the Tallahassee Police Department.
MS. CAPPLEMAN: How long you were employed at the Tallahassee Police Department?
JOANNE MALTESE: For just over 26 years.
MS. CAPPLEMAN: And were you a forensic specialist the entire 26 years?
JOANNE MALTESE: No. I was a forensic specialist for 1999 to 2015.
MS. CAPPLEMAN: All right. And what about before that?
JOANNE MALTESE: Before that, I was in Property and Evidence Section. And prior to that a dispatcher.
MS. CAPPLEMAN: All right. And what were your duties as the crime scene analyst?
JOANNE MALTESE: My primary duties as a forensic specialist is going to be the documentation, preservation, and collection of physical evidence at a crime scene.
MS. CAPPLEMAN: And was that your position on July 18th, 2014?
JOANNE MALTESE: Yes, it was.
MS. CAPPLEMAN: Did you respond to a scene on Trescott Drive that day?
JOANNE MALTESE: Yes, I did.
MS. CAPPLEMAN: All right. And could you tell the jury just a little bit about what a forensic specialist does?
JOANNE MALTESE: I will arrive at the scene, meet with a lead investigator. I will photograph, I'l] mark, and collect evidence.
MS. CAPPLEMAN: And is that what you did on the scene on July 18th, 2014?
JOANNE MALTESE: Yes, I did.
MS. CAPPLEMAN: All right. And could you tell us a little bit about your training and experience and how to collect evidence that you find at a crime scene?
JOANNE MALTESE: Training and experience, being a forensic specialist for over 16 years, I've gone at least 1500-plus hours in specific training, advanced crime scene out of Miami-Dade, crime scene reconstructions. I also taught at the Pat Thomas Law Enforcement Academy, the police academy in this area. And I taught crime scene.
MS. CAPPLEMAN: All right. And could you describe what the scene was when you responded on that date?
JOANNE MALTESE: The entire scene or...
MS. CAPPLEMAN: I mean, was it like inside a house, in a yard?
JOANNE MALTESE: when I arrived there, the roped off area, or the interior of the crime scene, was the property line that consisted of the garage, a house, and a vehicle in the garage.
MS. CAPPLEMAN: All right. And what testing did you perform in reference to, specifically, the vehicle in the garage?
JOANNE MALTESE: I swabbed some of the areas, specifically the interior and exterior of the door handles for possible DNA, as well as fingerprinted. And prior to all that, photographing.
MS. CAPPLEMAN: How do you collect evidence for the possible presence of DNA?
JOANNE MALTESE: what we'll do is we will take a sterile swab and use sterile water and touch the area, rub it on the area that I'm potentially collecting DNA from. I1'11 package it back in the sterile setting and impound it to be sent off to Florida Department of Law Enforcement for analysis.
MS. CAPPLEMAN: And in reference to the vehicle that was in the garage in this case, what swabs did you take of the vehicle?
JOANNE MALTESE: On the vehicle, it's going to be the exterior of all four door handles, meaning the rear passenger, the front passenger, the front driver's door, and the rear driver's door, the interior, and the exterior of those door handles.
MS. CAPPLEMAN: And would you be the person to test the swabs for the presence of DNA?
JOANNE MALTESE: No, I would not.
MS. CAPPLEMAN: Okay. what about fingerprints? what efforts did you make in this case regarding trying to find some fingerprints?
JOANNE MALTESE: I dusted the entire ve -- exterior of the vehicle for fingerprints.
MS. CAPPLEMAN: with what result?
JOANNE MALTESE: A -- an area was collected as developed and lifted from the exterior rear passenger doorframe. So around the frame of the vehicle. And it was determined not to be of value for comparison purposes.
MS. CAPPLEMAN: what does that mean?
JOANNE MALTESE: There was not enough information in that fingerprint lift, meaning there wasn't enough information to determine really what it was -- what it really was.
MS. CAPPLEMAN: So not all prints are of sufficient value to make an identification to a person?
JOANNE MALTESE: Correct.
MS. CAPPLEMAN: All right. And you didn't find any on this vehicle that were sufficient to make an identification 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. So that could potentially destroy any fingerprints. But 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. Are there other things that could interfere with a 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 could. Someone could brush up against a vehicle and knock -- wipe it off. I mean, there's several things --
MS. CAPPLEMAN: Are fingerprints always left on a surface that's touched?
JOANNE MALTESE: No, they are not. No.
MS. CAPPLEMAN: 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 fingerprint. 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 fingerprints -- on your fingers when you touch something.
MS. CAPPLEMAN: I'm approaching with what's been marked as State's Exhibits 11 through 18. Please take a moment to look through each of those and let me know when you're done.
(Pause. )
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Do you recognize State's 11 through 18?
JOANNE MALTESE: Yes, I do.
MS. CAPPLEMAN: what are they photographs of?
JOANNE MALTESE: 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 Exhibit 11 through 18.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: None from Garcia, Judge.
MR. DECOSTE: No objection, Your Honor.
JUDGE HANKINSON: All right. They'll be admitted.
(State's Exhibit Nos. 11 through 18 received in evidence.)
MS. CAPPLEMAN: May I publish?
JUDGE HANKINSON: You may.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Investigator Maltese, what are we looking at in State's Exhibit 11?
JOANNE MALTESE: Photograph of the interior of the rear passenger compartments of the vehicle.
MS. CAPPLEMAN: All right. And these two car seats were located inside the vehicle?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: what about State's Exhibit 12? what's that show?
JOANNE MALTESE: 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: All right. State's Exhibit 13?
JOANNE MALTESE: An eyeglass lens.
MS. CAPPLEMAN: where was this eyeglass lens located?
JOANNE MALTESE: I believe that one is the floorboard of the driver's seat.
MS. CAPPLEMAN: Okay. State's Exhibit 17.
JOANNE MALTESE: Is going --
MS. CAPPLEMAN: what does this show?
JOANNE MALTESE: -- to be the front driver's window.
MS. CAPPLEMAN: what were you attempting to capture in this photograph?
JOANNE MALTESE: A hole in the window.
MS. CAPPLEMAN: All right. And State's Exhibit 16?
JOANNE MALTESE: It's going to be an enlarged or closeup photo of that hole in the driver's window.
MS. CAPPLEMAN: All right. Is the hole consistent with a bullet hole?
JOANNE MALTESE: Yes, it is.
MS. CAPPLEMAN: State's Exhibit 18, what does this show?
JOANNE MALTESE: It's going to be the floorboard of the driver's seat.
MS. CAPPLEMAN: All right. And what item 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: This business card here?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: Did you collect that item?
JOANNE MALTESE: Yes, I did.
MS. CAPPLEMAN: Okay. State's Exhibit 14, what is this?
JOANNE MALTESE: It would be a wallet that I collected from, I believe, the glove box.
MS. CAPPLEMAN: All right. And was the glove box open or closed?
JOANNE MALTESE: I believe the glove box was closed.
MS. CAPPLEMAN: All right.
JOANNE MALTESE: But I'm not a hundred percent. That would be one of the investigators.
MS. CAPPLEMAN: All right. State's Exhibit 15.
JOANNE MALTESE: That is going to be the money and contents of -- a photograph of money and contents of the wallet.
MS. CAPPLEMAN: And are you able to see the identification card there well enough to tell us who appeared to be the owner of the wallet?
JOANNE MALTESE: Not from this distance. But I might be able to...
MS. CAPPLEMAN: I mean, do -- if you need to refresh your recollection with your notes, that's acceptable, as well.
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: You are able to tell us?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: All right. whose identification is it?
JOANNE MALTESE: Mr. Markel.
MS. CAPPLEMAN: All right. I want to ask you about one other area regarding fingerprint testing. The back doorknob, was that something that you tested?
JOANNE MALTESE: As far as the entry into the house?
MS. CAPPLEMAN: I just have back doorknob. I believe it was in access to the house.
JOANNE MALTESE: All right. 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: Either -- yes, the door from the garage into the residence.
MS. CAPPLEMAN: All right. 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 to test that swab; it goes somewhere else for that?
JOANNE MALTESE: Correct.
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, a 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 a -- there was a towel with suspected blood on it. And I believe it was blood on the seat.
MS. CAPPLEMAN: Okay. 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: In 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, 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: Yes, sir.
MS. CAPPLEMAN: I want to talk about what you did impound.
MS. CAPPLEMAN: I'll approach with State's 159 through 165.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Start with State's 159. Do you recognize that item?
JOANNE MALTESE: Yes, I do.
MS. CAPPLEMAN: How do you recognize it?
JOANNE MALTESE: It is packaged with my signature and my handwriting on it.
MS. CAPPLEMAN: And is that item in the same or substantially the same condition as when you impounded it?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: what is the item?
JOANNE MALTESE: It's going to be the business card that was in the photo --
MS. CAPPLEMAN: All right.
JOANNE MALTESE: -- on the driver's floorboard.
MS. CAPPLEMAN: And whose business card does that appear to be?
JOANNE MALTESE: Michael Strickland.
MS. CAPPLEMAN: All right. Judge, I'd ask to move this item into evidence.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: No, Judge.
MR. DECOSTE: No objection.
JUDGE HANKINSON: It will be admitted.
(State's Exhibit No. 159 received in evidence.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Next I'm showing you what's been marked as State's 160. 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 this item -- these items?
JOANNE MALTESE: They are both in my packaging with my signatures.
MS. CAPPLEMAN: All right. And are they in the same or substantially the same condition as when you collected them?
JOANNE MALTESE: yes.
MS. CAPPLEMAN: All right. Where did -- from where -- tell us what they are, first.
JOANNE MALTESE: Exhibit 160 is 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: All right, Judge. At this time I'd ask to move into evidence State's 160 and 161.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: None from Mr. Garcia, Judge.
MR. DECOSTE: No objection.
JUDGE HANKINSON: They'll be admitted without objection.
(State's Exhibit Nos. 160 and 161 received in evidence.)
MS. CAPPLEMAN: Judge, at this time I'm publishing State's 159, the business card that was in the vehicle.
JOANNE MALTESE: Yes.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Is that correct? Okay.
State's 160, eyeglass from front passenger floorboard.
State's 161, eyeglass frame, broken from garage floor, below front driver's door.
Next I'd like to show you what I've marked as State's Exhibit 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: All right.
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.
JUDGE HANKINSON: They'll be admitted.
(State's Exhibit Nos. 162 and 163 received in evidence. )
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Ms. Maltese, what is State's 162?
JOANNE MALTESE: It's going to be the lens of an eyeglass.
MS. CAPPLEMAN: From where was this located?
JOANNE MALTESE: That particular one, I would need to see the other side. It's going to be from the front driver's floorboard.
MS. CAPPLEMAN: All right. And we'll let you look at 163. And I'm going to publish 162. And from where was -- well, tell us what 163 is.
JOANNE MALTESE: One sixty-three is a broken eyeglass lens.
MS. CAPPLEMAN: All right. And from where was that item located?
JOANNE MALTESE: That one was from the front driver's seat.
MS. CAPPLEMAN: That's just a little piece here?
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.
MS. CAPPLEMAN: And what is that item?
JOANNE MALTESE: Item No. 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 when you impounded it?
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. It gets held in a separate vault in the Property and Evidence Section.
MS. CAPPLEMAN: All right. 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: Okay.
MS. CAPPLEMAN: Judge, at this time I'd ask to introduce State's 164.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: No objection, Judge.
MR. DECOSTE: No objection.
JUDGE HANKINSON: All right. It will be admitted.
(State's Exhibit No. 164 received in evidence.)
MS. CAPPLEMAN: Publish?
JUDGE HANKINSON: You may.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Next I'm going to show you State's 165. Do you recognize this exhibit?
JOANNE MALTESE: Yes, I do.
MS. CAPPLEMAN: And how do you recognize this exhibit?
JOANNE MALTESE: with my packaging and my original -- or 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 without shattering it?
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 or substantially the same condition as when you impounded it?
JOANNE MALTESE: yes.
MS. CAPPLEMAN: Judge, at this time I'd ask to move into evidence State's 165.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: None from Garcia.
MR. DECOSTE: No objection.
JUDGE HANKINSON: It will be admitted without objection.
(State's Exhibit No. 165 received in evidence.)
MS. CAPPLEMAN: May I pass this around for publication?
JUDGE HANKINSON: why don't you just kind of walk down and show it to them.
MS. CAPPLEMAN: If y'all need to scoot forward, you may.
(Pause. )
BY MS. CAPPLEMAN:
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: At 3:00 p.m. on the -- 7/18 of 2014 at the Tallahassee Police Department.
MS. CAPPLEMAN: And 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. Please take a moment to look through those and advise when you're finished.
(Brief pause.)
BY MS. CAPPLEMAN:
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 wendi Adelson's vehicle as it was when you photographed it?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: All right. Judge, at this time I'd 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 will be admitted.
(State's Exhibit Nos. 19 through 22 received in evidence.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Ms. Maltese, what is pictured in State's 21?
JOANNE MALTESE: Twenty-one depicts a photograph of a plastic bag with an ABC Liquor receipt and a bottle of alcohol that was observed on the front passenger's seat.
MS. CAPPLEMAN: And what brand of alcohol was this?
(Brief pause.)
JOANNE MALTESE: Small Batch Bulleit Rye Frontier whiskey.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Bul leit?
JOANNE MALTESE: Bulleit, B-U-L-L-E-I-T.
MS. CAPPLEMAN: And State's Exhibit 22, is that a closeup photograph of the receipt?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: I want to approach with State's 22 and ask if you can inform the jury when the receipt indicates that the Bulleit whiskey was purchased?
JOANNE MALTESE: 7/18/2014 at 12:49.
MS. CAPPLEMAN: Okay. Thank you. 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.
MR. ZANGENEH: Your Honor, may we go sidebar on these exhibits?
JUDGE HANKINSON: Okay.
(Sidebar discussion held as follows):
JUDGE HANKINSON: Okay.
MR. ZANGENEH: Your Honor, there's three photographs that I see that Ms. Cappleman showed. Oh, these -- I apologize, Your Honor. I thought there might be three of the same injury. I apologize. I didn't realize that they were of the -- one of the face and two of the arms. I'll withdraw.
JUDGE HANKINSON: while we're here, do you wish to be heard?
MR. DECOSTE: Yes, Your Honor. On No. 23, it's a photograph of Mr. Markel, and it's quite an amount of blood on his face. I believe that there are other photographs with less blood. This would be unfairly prejudicial to present the photograph of Mr. Markel.
JUDGE HANKINSON: Ms. Cappleman.
MS. CAPPLEMAN: Judge, this photograph is going to be used later to assist the testimony of Dr. Shelby Blank. This is the condition the patient presented to when she treated the patient.
JUDGE HANKINSON: I'll overrule the objection.
MR. ZANGENEH: Thank you, Your Honor.
(Sidebar discussion concludes.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. Ms. Maltese, back to 23, 24, and 25. Do you recognize these exhibits?
(Brief pause.)
JOANNE MALTESE: Yes, I do.
BY MS. CAPPLEMAN:
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, if you haven't already.
JOANNE MALTESE: These were taken approximately 12:20 or slightly thereafter on 7/18/2014.
MS. CAPPLEMAN: Judge, at this time I'd ask to move into evidence State's --
JUDGE HANKINSON: Clarify. That would be 20 minutes after noon?
MS. CAPPLEMAN: Yes, sir.
JUDGE HANKINSON: I always get mixed up on which is a.m., which is p.m. But it's 20 minutes after noon. Okay. Twenty-three, 24, and 25 will be admitted.
(State's Exhibit Nos. 23, 24, and 25 received in evidence.)
MS. CAPPLEMAN: May I publish?
JUDGE HANKINSON: You may.
MS. CAPPLEMAN: Judge, I think I'd prefer to pass around 23, or I can walk down and do it, if that's acceptable. I don't want to put it on the big screen.
JUDGE HANKINSON: Okay.
(Pause. )
MS. CAPPLEMAN: Publishing State's Exhibit 24.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: what were you trying to capture in this image?
JOANNE MALTESE: A dark stain on his left arm, forearm.
MS. CAPPLEMAN: This area 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 will be some of the gunpowder residue.
JUDGE HANKINSON: There's a pointer there. Maybe you can point out what you're talking about.
JOANNE MALTESE: The area on the outside, left forearm.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. And is State's Exhibit 25 a closeup of that area?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: All right.
MS. CAPPLEMAN: No further questions.
JUDGE HANKINSON: Cross.
MR. ZANGENEH: Thank you, Judge.
CROSS-EXAMINATION BY MR. ZANGENEH:
MR. ZANGENEH: Good afternoon, Ms. Maltese.
JOANNE MALTESE: 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.
JOANNE MALTESE: Okay.
MR. ZANGENEH: That's what I was referring to.
JUDGE HANKINSON: would you please just get to your questions, please, sir?
MR. ZANGENEH: Yes, Judge, of course.
BY MR. ZANGENEH:
MR. ZANGENEH: I'm going to refer to State's Exhibit 7. Ms. Maltese, was that the view 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: Okay. And I believe, if you look closely, you can see that the driver's side door and the passenger's 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. It's --
MR. ZANGENEH: Did you -- I'm sorry.
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 did 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 it. 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, using your common sense and your experience --
JUDGE HANKINSON: She's answered your question. Move on, Mr. Zangeneh.
JOANNE MALTESE: May I see the photograph? Here, it's too dark for me to determine where anything is.
BY MR. ZANGENEH:
MR. ZANGENEH: Actually --
JUDGE HANKINSON: There's not a question. He'll ask another question.
MR. ZANGENEH: Sure. No problem.
BY MR. ZANGANEH:
MR. ZANGENEH: 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, 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: why don't you just ask -- move on and she can get them at the end.
BY MR. ZANGENEH:
MR. ZANGENEH: Based on this exhibit, which gives a closer rendition, can you give a guesstimate of how -- what the distance is from here to here, roughly?
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 of the house.
MR. ZANGENEH: So the coolers were in front of where the, where the door would be, correct?
JOANNE MALTESE: It appears in those pictures that it's in front -- or behind.
MR. ZANGENEH: And are those -- 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 -- pardon me. If somebody was standing right here, would the cooler be direct -- in front of them to the right?
JOANNE MALTESE: If I can recall, it would 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?
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 it, was any forensic examination done on the white cooler above it?
JOANNE MALTESE: No, it was not.
MR. ZANGENEH: Any of the other items that were not photographed -- well, let me ask this: Were there other additional miscellaneous items behind and -- when 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 -- was it a DNA swab on the door handle to get in 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?
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?
JOANNE MALTESE: As if it fell out when the door was opened.
MR. ZANGENEH: 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 that -- 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 and 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.
MR. ZANGENEH: Pardon me one second, Your Honor?
JUDGE HANKINSON: You may.
(off-the-record discussion.)
MR. ZANGENEH: Nothing further from the -- for Mr. Garcia.
JUDGE HANKINSON: Magbanua.
MR. DECOSTE: No, Your Honor. No cross. we're all good.
JUDGE HANKINSON: Okay. Any redirect?
MS. CAPPLEMAN: No, sir.
JUDGE HANKINSON: Any juror have a question of this witness?
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.
(witness exits.)