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Garcia–Magbanua transcript transcript Robert Shawn Yao — Direct - Day 1 - Garcia–Magbanua Robert Shawn Yao, TPD's forensic supervisor, testified on direct examination by Georgia Cappleman about his review of the crime scene evidence, including Forensic Specialist Maltese's report, the medical examiner's report, and scene photographs. Prompted by the court, Cappleman elicited Yao's opinion comparing the window-hole height and downward wound path to the height of a possible shooter; Yao said the evidence was more consistent with a shooter near six feet tall than one around five-foot-four, a shift from his deposition testimony that the hole height alone was consistent with either height. Zangeneh objected, and Judge Hankinson directed that another witness be called next, with Yao to remain for further examination after the jury left and a later recall. Georgia CapplemanSaam ZangenehJames C. HankinsonRobert Shawn YaoJudge HankinsonMs. CapplemanRobert Shawn YaoMr. Zangenehdirect
Garcia–Magbanua / Day 1 / September 26, 2019
17 pages · 14 witnesses · 2,297 lines
Robert Shawn Yao, TPD's forensic supervisor, testified on direct examination by Georgia Cappleman about his review of the crime scene evidence, including Forensic Specialist Maltese's report, the medical examiner's report, and scene photographs. Prompted by the court, Cappleman elicited Yao's opinion comparing the window-hole height and downward wound path to the height of a possible shooter; Yao said the evidence was more consistent with a shooter near six feet tall than one around five-foot-four, a shift from his deposition testimony that the hole height alone was consistent with either height. Zangeneh objected, and Judge Hankinson directed that another witness be called next, with Yao to remain for further examination after the jury left and a later recall.
1 40:40

JUDGE HANKINSON: Call your next witness.

2 40:42

MS. CAPPLEMAN: The State calls Shawn Yao.

3 41:42

MS. CAPPLEMAN: Introduce yourself and spell your name.

4 41:45

ROBERT SHAWN YAO: My name is Robert Shawn Yao. The S-H-A-W-N.

5 41:56

MS. CAPPLEMAN: All right, sir. How are you employed?

6 41:58

ROBERT SHAWN YAO: I am the current forensic supervisor at the Tallahassee Police Department.

7 42:01

MS. CAPPLEMAN: And what are your duties at the Tallahassee Police Department?

8 42:06

ROBERT SHAWN YAO: Currently, as a forensic supervisor, I perform the day-to-day operations of the unit, ensuring that there are forensic specialists available to respond to requests for assistance for crime scene processing or forensic examinations for the City of Tallahassee. I also respond when needed to go ahead and assist and help process scenes, or to offer any kind of advice or assistance to my forensic specialists on the scene.

9 42:29

MS. CAPPLEMAN: How long have you been so employed?

10 42:31

ROBERT SHAWN YAO: I've been with TPD for almost six years. I started in November of 2013.

11 42:36

MS. CAPPLEMAN: What about before that?

12 42:38

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.

13 42:47

MS. CAPPLEMAN: How long did you do that?

14 42:48

ROBERT SHAWN YAO: I did that for 19 years.

15 42:49

MS. CAPPLEMAN: All right. And could you tell us a little bit about your training and education in the area of forensic examinations?

16 42:49

ROBERT SHAWN YAO: I have a bachelor of science degree in microbiology from Auburn University. I have a bachelor of 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 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.

17 43:23

ROBERT SHAWN YAO: 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 what's known as crime scene analysis, or forensic crime scene analysis, which is what my certification is in.

18 43:42

ROBERT SHAWN YAO: Trained in the documentation and collection of forensic entomology evidence, which is insect evidence; forensic archaeology and anthropology, the recovery of buried bodies, buried remains, and surface 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.

19 44:09

ROBERT SHAWN YAO: Textbook learnings, practical examinations, as well as going to specialty courses, and then going through a supervised casework period where I made the decisions and processed the scene under the supervision of a certified 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.

20 44:32

MS. CAPPLEMAN: You mentioned trajectory analysis.

21 44:35

MS. CAPPLEMAN: What is trajectory analysis?

22 44:39

ROBERT SHAWN YAO: There are two forms that we utilized in my training. One is bullet path documentation — bullet path documentation is the proper form and technique to document how bullets pass through objects and where they go — 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.

23 45:08

MS. CAPPLEMAN: All right. And did you conduct any analysis in reference to the trajectory on the case that we're here about today?

24 45:16

ROBERT SHAWN YAO: No, I did not.

25 45:17

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?

26 45:25

ROBERT SHAWN YAO: Yes, I did.

27 45:26

MS. CAPPLEMAN: What items did you review in preparation for your testimony today?

28 45:29

ROBERT SHAWN YAO: I was present on scene at the time of the primary processing. I also reviewed forensic specialist Joanne Maltese's report, as well as the medical examiner report. I took a look at the photographs that FS Maltese took, as well as the sketches that she created in conjunction with her examination.

29 45:49

MS. CAPPLEMAN: All right. Is trajectory analysis a topic upon which you have previously been qualified as an expert?

30 45:56

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.

31 46:03

MS. CAPPLEMAN: All right. And do you have any opinion about the bullet path in this case?

32 46:09

MS. CAPPLEMAN: Do you wish to report that?

33 46:12

ROBERT SHAWN YAO: There's something I want to report.

34 49:14

JUDGE HANKINSON: Take the proffer of it first, please.

35 49:17

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?

36 49:17

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 they had.

37 50:01

ROBERT SHAWN YAO: During the deposition, I testified that based upon the height of the projectile hole in the window, 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 is present, what I was able to see, the injury and the hole in the window is more consistent with somebody of a taller stature, being six foot or higher or close to six foot, rather than somebody being short.

38 50:52

MS. CAPPLEMAN: And how do we know that from the evidence that you just listed?

39 50:56

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 this short, where their arm, shoulder height, is approximately 48 inches or 49 inches from the ground, is going to have a more direct or parallel 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 is 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, it is more consistent with somebody being taller firing at a downward angle into the passenger compartment, rather than a shorter person firing it where it would be almost parallel.

40 52:15

ROBERT SHAWN YAO: That strike would have been more straight across and into the deceased, rather than at a downward angle into the deceased.

41 52:22

MS. CAPPLEMAN: Thank you. That's the proffer, Your Honor.

42 52:25

JUDGE HANKINSON: And the defense has objection to that?

43 52:28

MR. ZANGENEH: Yes, Judge.

44 52:29

JUDGE HANKINSON: All right, so what we're going to do, we're going to call another witness, Ms. Cappleman.

45 52:34

JUDGE HANKINSON: We'll let Mr. Yao stay to the end of our day.

46 52:39

JUDGE HANKINSON: Depose him at the end of the day after the jury's gone. Then we'll recall Mr. Yao.

47 52:45

JUDGE HANKINSON: All right? We'll take five minutes, and you can call your next witness.