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Garcia–MagbanuatranscripttranscriptLen Harvey — Direct - Day 1 - Garcia–MagbanuaGym director Len Harvey authenticates July 18, 2014 surveillance footage
Georgia CapplemanChristopher DeCosteSaam ZangenehJames C. HankinsonLen HarveyMs. CapplemanJudge HankinsonCourt ClerkLen HarveyMr. DeCosteMr. Zangenehdirect
Garcia–Magbanua/Day 1/September 26, 2019
17 pages·14 witnesses·2,297 lines
Gym director Len Harvey authenticates July 18, 2014 surveillance footage
11:36:16

MS. CAPPLEMAN: The State calls Len Harvey.

21:36:27

JUDGE HANKINSON: Between witnesses, if some jurors would like to stand up and stretch, if you feel the need to do so, feel free.

31:36:34

JUDGE HANKINSON: Sometimes I like to stand up. Every once in a while particularly after lunch, sometimes it can be a little bit of a struggle.

41:36:42

JUDGE HANKINSON: If you could face the clerk and be sworn, please.

51:36:48

COURT CLERK: Do you solemnly swear the testimony you are about to give in this case will be the truth, the whole truth, and nothing but the truth?

61:37:06

JUDGE HANKINSON: Have a seat. Slide up the microphone, please.

71:37:11

MS. CAPPLEMAN: Sir, please state your name and spell your name.

81:37:16

LEN HARVEY: Okay, it's Len H. Harvey. First name Len, L-E-N, middle initial H, and H-A-R-V-E-Y.

91:37:30

MS. CAPPLEMAN: How are you employed, Mr. Harvey?

101:37:32

LEN HARVEY: I'm the director, and I oversee Premier Health and Fitness Center.

111:37:37

MS. CAPPLEMAN: How long have you been doing that?

121:37:41

LEN HARVEY: January would be 33 years.

131:37:43

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?

141:37:50
151:37:52

MS. CAPPLEMAN: And can you discuss the — let me ask you first if you've had an opportunity to review a disc of the images captured in reference to this case on your business's security system.

161:38:16

LEN HARVEY: Yes, I put my initials in there.

171:38:18

MS. CAPPLEMAN: All right. And did this disc contain fair and accurate images as captured by the surveillance system there at Premier Gym?

181:38:33

LEN HARVEY: Yes, ma'am.

191:38:33

MS. CAPPLEMAN: All right. Can you discuss the process that gave rise to these images?

201:38:39

MS. CAPPLEMAN: How does it work? How do the cameras work?

211:38:41

LEN HARVEY: Well, we have ten cameras outside on top of our building, and then we have six cameras inside our building, and they record to the hard drive in my office.

221:38:56

MS. CAPPLEMAN: Do the cameras all record continuously, or are they motion activated?

231:39:00

LEN HARVEY: No, they run — they run around the clock.

241:39:03

MS. CAPPLEMAN: And you said the info that's collected by these cameras is stored in your office?

251:39:10

LEN HARVEY: Yes, ma'am.

261:39:11

MS. CAPPLEMAN: All right. And for how long is the information stored in your office?

271:39:15

LEN HARVEY: Approximately 30 days.

281:39:18

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?

291:39:29

LEN HARVEY: Yes, ma'am.

301:39:31

MS. CAPPLEMAN: Judge, at this time I would ask to introduce the video, State's Exhibit 124.

311:39:38

JUDGE HANKINSON: Is there a date?

321:39:46

LEN HARVEY: I believe, to the best of my knowledge, it was July 18th, 2015.

331:40:01

LEN HARVEY: 14th. 14th, I'm sorry.

341:40:03

JUDGE HANKINSON: Thank you.

351:40:04

JUDGE HANKINSON: Any objection to State's Exhibit 124?

361:40:12

MR. DECOSTE: No objection.

371:40:13

JUDGE HANKINSON: Be admitted.

381:40:14

MS. CAPPLEMAN: Thank you, Your Honor. I'll reserve publication of this item, and I have no further questions.

391:40:19
401:40:20

MR. ZANGENEH: No, Judge.

411:40:22

MR. DECOSTE: No, Your Honor.

421:40:28

JUDGE HANKINSON: Does any juror have a question of this witness?

431:40:30

JUDGE HANKINSON: All right. If not, you can step down. Do we need to keep him any further?

441:40:35
451:40:35

JUDGE HANKINSON: Does anybody need him for any reason? You're excused. Thank you for being here.

461:40:41

LEN HARVEY: Thank you.

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