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Garcia–Magbanua transcript transcript Len Harvey — Direct - Day 1 - Garcia–Magbanua Gym 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
1 1:35:38

MS. CAPPLEMAN: The State calls Len Harvey.

2 1:36:26

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

3 1:36:34

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.

4 1:36:58

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

5 1:37:00

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?

6 1:37:06

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

7 1:37:14

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

8 1:37:16

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

9 1:37:30

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

10 1:37:32

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

11 1:37:37

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

12 1:37:41

LEN HARVEY: January would be 33 years.

13 1:37:43

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?

14 1:37:50

LEN HARVEY: I am.

15 1:37:50

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.

16 1:38:16

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

17 1:38:24

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

18 1:38:32

LEN HARVEY: Yes, ma'am.

19 1:38:33

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

20 1:38:39

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

21 1:38:41

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.

22 1:38:56

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

23 1:39:00

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

24 1:39:03

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

25 1:39:10

LEN HARVEY: Yes, ma'am.

26 1:39:11

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

27 1:39:15

LEN HARVEY: Approximately 30 days.

28 1:39:18

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?

29 1:39:29

LEN HARVEY: Yes, ma'am.

30 1:39:31

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

31 1:39:38

JUDGE HANKINSON: Is there a date?

32 1:39:59

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

33 1:40:01

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

34 1:40:03

JUDGE HANKINSON: Thank you.

35 1:40:08

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

36 1:40:12

MR. DECOSTE: No objection.

37 1:40:13

JUDGE HANKINSON: Be admitted.

38 1:40:14

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

39 1:40:14
40 1:40:14

MR. ZANGENEH: No, Judge.

41 1:40:15

MR. DECOSTE: No, Your Honor.

42 1:40:28

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

43 1:40:30

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

44 1:40:34

MS. CAPPLEMAN: No, sir.

45 1:40:34

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

46 1:40:36

LEN HARVEY: Thank you.