12.Len Harvey — Direct
66 linesMS. CAPPLEMAN: State calls Len Harvey.
JUDGE HANKINSON: Sometimes in between witnesses some jurors would like to stand up and stretch. If you feel the need to do so, feel free. Sometimes I like to stand up every once in a while. Particularly after lunch, sometimes it could be a little bit of a struggle.
If you'd face the clerk and be sworn, please --
ANTHONY CLARK: Yes, sir.
JUDGE HANKINSON: -- Sir.
ANTHONY CLARK: Yes, sir.
whereupon, LEN H. HARVEY was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE HANKINSON: Have a seat. Slide up to the microphone, please, sir.
LEN HARVEY: I'm sorry?
JUDGE HANKINSON: Slide up to the microphone.
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Sir, please state your name and spell your name.
LEN HARVEY: Okay. It's Len H. Harvey. First name Len, L-E-N, middle initial H, and H-A-R-V-E-Y.
MS. CAPPLEMAN: How are you employed, Mr. Harvey?
LEN HARVEY: I'm the director and I oversee Premier Health and Fitness Center.
MS. CAPPLEMAN: How long have you been doing that?
LEN HARVEY: January will be 33 years.
MS. CAPPLEMAN: All right. And are you familiar with the security video cameras that were present at Premier gym around the time of July 2014?
LEN HARVEY: I am.
MS. CAPPLEMAN: And can you discuss the -- let me ask you, first, if you've had an opportunity to review a disk of the images captured in reference to this case on your business security cameras.
LEN HARVEY: I have.
MS. CAPPLEMAN: All right. I'm going to approach with State's 124. Mr. Harvey, are you able to recognize this disk as the disk that you reviewed in reference to this case?
LEN HARVEY: Yes. I put my initials on there.
MS. CAPPLEMAN: All right. And did this disk, did this disk contain fair and accurate images as captured by the surveillance system there at Premier gym?
LEN HARVEY: Yes, ma'am.
MS. CAPPLEMAN: All right. Can you discuss the process that gave rise to these images? How does it work? How do the cameras work?
LEN HARVEY: well, we have ten cameras outside on top of our building, and then we have six cameras inside our building.
MS. CAPPLEMAN: All right.
LEN HARVEY: And they record to the hard drive in my office.
MS. CAPPLEMAN: Do the cameras all record continuously, or are they motion activated?
LEN HARVEY: No. They run, they run around the clock.
MS. CAPPLEMAN: And you said the info that's collected by these cameras is stored in your office?
LEN HARVEY: Yes, ma'am.
MS. CAPPLEMAN: All right. And for how long is the information stored in your office?
LEN HARVEY: Approximately 30 days.
MS. CAPPLEMAN: And were the cameras that you discussed that are located there at the gym, were those in proper working order back in July of 2014?
LEN HARVEY: Yes, ma'am.
MS. CAPPLEMAN: All right.
MS. CAPPLEMAN: Judge, at this time I would ask to introduce the video, State's Exhibit 124.
JUDGE HANKINSON: Is there a date with that?
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Are, are --
JUDGE HANKINSON: Do you know what the date of this was?
LEN HARVEY: I believe, to the best of my knowledge, it was July 18th.
JUDGE HANKINSON: Okay. Is it noted?
MS. CAPPLEMAN: Yes, sir.
LEN HARVEY: Yes. Date, July 18, 2015.
JUDGE HANKINSON: Fourteen.
LEN HARVEY: Fourteen. I'm sorry.
JUDGE HANKINSON: Okay. Thank you. Any objection to State's Exhibit 124?
MR. ZANGENEH: None from Mr. Garcia.
MR. DECOSTE: No objection, Your honor.
JUDGE HANKINSON: Be admitted.
(State's Exhibit No. 124 received in evidence.)
MS. CAPPLEMAN: Thank you, Your Honor. I will reserve publication of this item, and I have no further questions.
JUDGE HANKINSON: Cross.
MR. ZANGENEH: No, Judge.
MR. DECOSTE: No, Your Honor.
JUDGE HANKINSON: All right. Any juror have a question of this witness?
All right. If not, you can step down. Do we need to keep him any further?
MS. CAPPLEMAN: No, sir.
JUDGE HANKINSON: Anybody need him for any reason?
MR. ZANGENEH: No, Judge.
JUDGE HANKINSON: All right.
MR. DECOSTE: No, Your Honor.
JUDGE HANKINSON: You're excused. Thank you for being here.
LEN HARVEY: Thank you.
(witness exits.)