9.Robert Shawn Yao — Direct
82 linesMS. CAPPLEMAN: State calls Shawn Yao.
(witness exits.)
JUDGE HANKINSON: If you'd face the clerk and be sworn, please, sir.
whereupon, ROBERT SHAWN YAO was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE HANKINSON: Have a seat and slide up to the microphone, please, sir.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Please introduce yourself and spell your name.
ROBERT SHAWN YAO: My name is Robert Shawn Yao. The last name is spelled Y-A-O.
MS. CAPPLEMAN: All right. Mr. Yao --
JUDGE HANKINSON: How do you spell Shawn? There are a couple of ways of doing that.
ROBERT SHAWN YAO: Shawn is spelled like it sounds, S-H-A-W-N.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right, sir. How are you employed?
ROBERT SHAWN YAO: I am the current forensic supervisor at the Tallahassee Police Department.
MS. CAPPLEMAN: And what are your duties at the Tallahassee Police Department?
ROBERT SHAWN YAO: Currently, in -- as a forensic supervisor, I perform the day-to-day operations of the unit, ensuring that there are forensic specialists available to respond to request for assistance for crime scene processing or forensic examinations with the city of Tallahassee. I also respond when needed to go ahead and assist and help processings or to offer any kind of advice or assistance to my forensic specialists on the scene.
MS. CAPPLEMAN: How long have you been so employed?
ROBERT SHAWN YAO: I've been with TPD for almost six years. I started in November of 2013.
MS. CAPPLEMAN: what about before that?
ROBERT SHAWN YAO: Prior to that, I was a senior crime laboratory analyst in the crime scene section of the Tallahassee Regional Operations Center Crime Laboratory at the Florida Department of Law Enforcement.
MS. CAPPLEMAN: How long did you do that?
ROBERT SHAWN YAO: I did that for 19 years.
MS. CAPPLEMAN: All right. And could you tell us a little bit about your training and education in the area of forensic examinations?
ROBERT SHAWN YAO: I have a bachelor of science degree in microbiology from Auburn University. I have a bachelor's in science degree in criminology from the Florida State University. And I have a master's in criminal justice administration from Southern Columbia University.
At FDLE, upon hiring, I go through a very -- I went through a very rigorous training program to prepare me for the collection, preservation, and collection of physical evidence with regards to the various forensic disciplines that FDLE has. This is training in the collection, recognition, and preservation of things like latent prints, firearms, DNA, toxicology, computer evidence recovery, and a variety of other more specialized trainings to enable me to do that sort of crime scene analysis or forensic crime scene analysis, which is what my certification is jin.
I'm trained in the documentation and collection of forensic entomology evidence, which is insect evidence, forensic archaeology and anthropology, the recovery of buried bodies and buried remains and skeletal remains, bloodstain pattern analysis, trajectory analysis, hazardous weapons and weapons of mass destruction, responses to scenes for hazardous materials, environment, and a variety of other training.
The training takes, for primary, takes about a year. Textbook learnings, practical examinations, as well as going through specialty courses, and then going through a supervised casework period where I made the decisions and processed the scene under the supervision of a supervised analyst.
At the end of about a year, you're certified to respond and perform independent casework as a crime scene analyst with FDLE. And then the training after that is continuous from there on throughout your entire career.
MS. CAPPLEMAN: You mentioned trajectory analysis. what is trajectory analysis?
ROBERT SHAWN YAO: There are two forms that we utilized in my training that I was trained to do. One is bullet path documentation. Bullet path documentation is the proper form and technique to document how bullets pass through objects and where they do in order to do a trajectory analysis, which allows an examiner to take the documentation and the evidence that I preserved and determine the most probable point of origin of the projectile where it originated based upon its terminus, as well as other items of physical evidence that were present at the scene.
MS. CAPPLEMAN: All right. And did you conduct any analysis in reference to the trajectory on the case that we're here about today?
ROBERT SHAWN YAO: No, I did not.
MS. CAPPLEMAN: All right. Have you reviewed some items of evidence in order to consult regarding the trajectory in the case that we're here about today?
ROBERT SHAWN YAO: Yes, I did.
MS. CAPPLEMAN: what items did you review in preparation for your testimony today?
ROBERT SHAWN YAO: I was present on scene at the time of the primary processing. I also reviewed Forensic Specialist II, JoAnne Maltese's report, as well as the medical examiner report. I took a look at the photographs that they -- that FS II Maltese took, as well as the sketches that she created in conjunction with her examination.
MS. CAPPLEMAN: All right. And is trajectory analysis a topic upon which you have previously been qualified as an expert?
ROBERT SHAWN YAO: Not in the analysis, per se, to determine the point of origin. But in bullet path documentation and evaluation of those bullet paths.
MS. CAPPLEMAN: All right. And do you have any opinion about the bullet path --
MR. ZANGENEH: Judge --
MS. CAPPLEMAN: -- in this case?
MR. ZANGENEH: -- may we come sidebar?
JUDGE HANKINSON: Do you wish to voir dire?
MR. ZANGENEH: There's something I want to bring to the Court's attention, respectfully.
(sidebar discussion held as follows):
MR. ZANGENEH: Your Honor, it's my understanding that during deposition, when he was asked if he had an opinion with regard to trajectory, he indicated he did not. It's come to my attention recently that this individual specifically just called Mr. DeCoste. He didn't file a written update with regards to his deposition.
I was not put on notice until Mr. DeCoste told me, and I haven't been adequately able to, to be put on notice that he changed -- he subsequently changed his deposition testimony to the testimony that I believe that he's going to proffer today.
JUDGE HANKINSON: Okay. And what do you wish me to do?
MR. ZANGENEH: well, I -- well, I would move to strike, I would move to strike his opinion, because he provided deposition testimony where his -- where he said he could not form an opinion.
And now I believe he's going to form an opinion that he only contacted Mr. Decoste. He didn't file a supplemental, because, obviously, I'm an attorney on the case. I wasn't at the deposition, so I had no, no way of finding out until Mr. Decoste told me.
JUDGE HANKINSON: Mr. DeCoste.
MR. DECOSTE: I thought, if possible, the State could proffer what he would say, and then I can formulate my objection, because he could testify consistently with the way he has before, if the State knows.
MS. CAPPLEMAN: My understanding is that he has changed his opinion since deposition, because he's reviewed additional materials, and I advised him to contact you-all and advise you of the change.
MR. ZANGENEH: He didn't contact me.
MR. DECOSTE: Your Honor --
JUDGE HANKINSON: what do you understand --
MS. CAPPLEMAN: It sounds like he --
JUDGE HANKINSON: -- he's going to say?
MS. CAPPLEMAN: That it's his opinion that the evidence is more consistent with the shooter being a taller individual rather than a --
JUDGE HANKINSON: Being what?
MS. CAPPLEMAN: A taller individual rather than a shorter individual.
MR. ZANGENEH: That's not what --
MR. DECOSTE: Let --
MR. ZANGENEH: If I could. That's not what he said to me. So during deposition, there were certain assumptions, that I gave him a hypothetical. And he said that, assuming that, that it would be consistent with a shooter that was taller but nothing definitive. But it was based on assumptions. I just want to put that out there. So -- because I believe it applies more to Garcia --
JUDGE HANKINSON: All right. well...
(Sidebar discussion concludes.)
JUDGE HANKINSON: we'll let the jury step out.
(Jury exits.)
JUDGE HANKINSON: All right. Everybody be seated. Take a proffer of his testimony, Ms. Cappleman.
PROFFERED EXAMINATION
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Mr. Yao, I asked you to review the evidence in this case and offer me an opinion on whether or not the shooter -- or the evidence is more consistent with the shooter in this case being a taller individual versus a shorter individual. we're talking about the difference between six, six-one, and, like, five-four-ish. Did you review the evidence and formulate an opinion as to the bullet path in this case?
ROBERT SHAWN YAO: In looking and based upon the deposition testimony I gave previously, I took a look at the Medical Examiner's report, because I had never seen the deceased, nor the injuries, nor a report on what type of injuries he had.
During the deposition, I testified that based upon the height of the projectile hole in the window that anybody from -- that it would be consistent with both a short, as well as a tall shooter.
So in looking at the injuries to the deceased and in assuming things that were brought forth in the deposition, assuming that the individual is firing in a normal manner rather than in some weird manner of holding the firearm, a normal extended arm shot into the window and assuming that the deceased was sitting in an upright position and looking out the window or looking toward the shooter at the time the shot was fired.
Using those assumptions, based upon the evidence that's present and what I was able to see, the injury and the hole in the window is more consistent with was somebody of a taller stature being six foot or higher -- or close to six foot rather than somebody being short.
MS. CAPPLEMAN: And how do we know that from the evidence that you just listed?
ROBERT SHAWN YAO: The height of the hole that's in the window is approximately 49 inches from the floor of the garage. If you look at a standard six-foot-one person, their approximate shoulder height is somewhere around 58 inches, if you -- just as a standard -- or as a general rule of thumb or if you measure somebody approximately that height. Somebody about five-foot-four is going to be significantly shorter.
If somebody fires in a normal course of manner with the arm extended with a pistol, somebody that's short, where their arm, shoulder height, is approximately 48 inches or 49 inches from the ground is going to have a more direct or parallelled line to where the hole is in the window versus somebody that's taller. It's going to be more of a downward angle.
The initial projectile strike that goes into the deceased strikes the left cheek. It's a slightly downward angle from right to left, where the projectile ends up behind the left ear. There's pseudo stippling around the injury, which is consistent with the breaking of the window.
So because of the downward angle, if you assume that the person is sitting upright at the time the shot was fired, connected to the hole in the window is more consistent with somebody being taller firing at a downward angle into the passenger compartment rather than a shorter person firing, where it would be almost parallel. That strike would have been more straight across and into the deceased rather than at a downward angle into the deceased.
MS. CAPPLEMAN: All right. Thank you.
MS. CAPPLEMAN: That's the proffer, Your Honor.
JUDGE HANKINSON: And the defense has objection to that?
MR. ZANGENEH: Yes, Judge.
JUDGE HANKINSON: So what we're going to do, we're going to call another witness, Ms. Cappleman. we'll let Mr. Yao stay until the end of our day. Y'all can depose him at the end of the day after the jury has gone. we'll recall Mr. Yao tomorrow. All right?
MS. CAPPLEMAN: Yes, sir.
JUDGE HANKINSON: we'll take five minutes, and you can call your next witness.
(Brief recess.)
BAILIFF: Court's back in session.
JUDGE HANKINSON: Let's have a jury, please.
(Jury enters.)
MR. ZANGENEH: Your Honor, may I just put on the record that I believe the Government's conduct with regards to the last witness constitutes a discovery violation --
JUDGE HANKINSON: No. we don't need to hear from you at this point. we'll --
MR. ZANGENEH: Yes, Judge.
JUDGE HANKINSON: -- let you do a deposition, and then you'll be heard.