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Garcia–MagbanuatranscripttranscriptStewart Schlazer — Direct/Cross - Day 1 - Garcia–MagbanuaStewart Schlazer recounted a phone call with Dan Markel that ended after Markel mentioned an unfamiliar person in his driveway, then addressed uncertainty over whether Markel referred to one person or multiple people.
Georgia CapplemanChristopher DeCosteSaam ZangenehJames C. HankinsonStewart SchlazerMs. CapplemanJudge HankinsonStewart SchlazerMr. ZangenehMr. DeCostedirectcross
Garcia–Magbanua/Day 1/September 26, 2019
17 pages·14 witnesses·3,003 lines
Opening statements set out competing accounts before testimony covered the shooting scene, Markel's injuries and death, and surveillance and digital evidence.
DirectDirectStewart Schlazer - Direct Stewart Schlazer Georgia Cappleman
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(witness exits.)

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MS. CAPPLEMAN: State calls Stewart Schlazer.

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(Pause. )

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JUDGE HANKINSON: Come on up here, please, sir. If you would face the clerk here. Raise your right hand to be sworn.

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whereupon, STEWART SCHLAZER was called as a witness, having been first duly sworn, was examined and testified as follows:

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JUDGE HANKINSON: Have a seat and slide up to the microphone, please, sir.

You may proceed.

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DIRECT EXAMINATION BY MS. CAPPLEMAN:

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MS. CAPPLEMAN: Sir, please introduce yourself to the jury and spell your last name.

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STEWART SCHLAZER: My name is Stewart Schlazer, S-C-H-L-A-Z-E-R.

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MS. CAPPLEMAN: And I guess you --

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JUDGE HANKINSON: Spell your first name, please, too, since --

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MS. CAPPLEMAN: -- better spell Stewart, as well.

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STEWART SCHLAZER: S-T-E-W-A-R-T.

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JUDGE HANKINSON: Thank you.

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BY MS. CAPPLEMAN:

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MS. CAPPLEMAN: All right. Mr. Schlazer, how are you employed?

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STEWART SCHLAZER: I am a music teacher.

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MS. CAPPLEMAN: All right. How were you employed back on July 18th, 2014?

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STEWART SCHLAZER: I just quit my job at the School of Arts and Sciences in Tallahassee to accept the job that I currently teach at.

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MS. CAPPLEMAN: All right. And do you recall a phone call with Dan Markel that occurred on that date, July 18th, 2014, around 11:00 a.m.?

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MS. CAPPLEMAN: Did something unusual happen while you were on that call with Mr. Markel?

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MS. CAPPLEMAN: Could you explain what that was?

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STEWART SCHLAZER: He said, can you please hold on a second? There's an unfamiliar person in my driveway.

I said, yeah. Sure. And then I waited for him to get back to me. He never did. I heard a loud sound. And then I heard him breathing like this (indicating). He never spoke another word to me.

I asked him, are you okay? I screamed into the phone, are you okay? And then I hung up and texted him, are you okay? Is any -- is everything okay? And then I called 911.

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MS. CAPPLEMAN: All right. And was the nature of your call with Mr. Markel having to do with your position as a music teacher?

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STEWART SCHLAZER: Yes. He was interested in my opinion of the School of Arts and Sciences.

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MS. CAPPLEMAN: I see. All right. And so he asked you just to hold on, because there was someone in his driveway.

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MS. CAPPLEMAN: All right.

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MS. CAPPLEMAN: Go ahead.

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STEWART SCHLAZER: I said, he told me he was driving home. And then it sounds like he got there and saw an unfamiliar person.

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MS. CAPPLEMAN: All right. And was that the word that Mr. Markel used, unfamiliar person?

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MS. CAPPLEMAN: No further questions.

CrossCrossStewart Schlazer - Cross Stewart Schlazer Saam Zangeneh
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CROSS-EXAMINATION BY MR. ZANGENEH:

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MR. ZANGENEH: Really quick. Did he say person or persons?

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STEWART SCHLAZER: The word that struck me the most was unfamiliar. I believe he said person.

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STEWART SCHLAZER: But I, I -- it's been five years. I don't remember the exact plural or singular form of the word.

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MR. ZANGENEH: well, you did give a sworn statement to law enforcement in this case, correct?

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MR. ZANGENEH: And during that sworn statement, when you described what took place, you said unfamiliar person, being singular, correct?

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STEWART SCHLAZER: I believe so. Yes.

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MR. ZANGENEH: Thank you.

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MR. DECOSTE: No questions.

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JUDGE HANKINSON: All right. Redirect.

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JUDGE HANKINSON: All right. we're going to take a lunch break. Just leave your notes where they are. Just be back at 1:15.

we got to work out where we have them come. I guess just come to this hallway. work that out with them. Make sure they understand where to report back.

we're on the third floor. Don't want you hanging out over in this area. That's where the witnesses and the parties are. And one of the parties had asked me to comment, and I forgot yesterday, truthfully. They may run into you in the hallway. They're not going to talk to you, even exchange the time of day. That's because they understand the rules are such. Okay? we'll let you step out with the bailiff. Be back at 1:15.

You can step down.

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(Jury exits.)

JUDGE HANKINSON: Do we need to keep Mr. Schlazer any further?

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JUDGE HANKINSON: Either side need him?

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MR. ZANGENEH: No, Judge.

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MR. DECOSTE: No, Your Honor.

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JUDGE HANKINSON: All right. You're excused, Mr. Schlazer.

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JUDGE HANKINSON: we're going to stay in session for a few minutes.

Continue to next page6.Courtroom Directives; Joanne Maltese — Direct/Cross