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Garcia–Magbanua transcript transcript Stuart Schlazer — Direct/Cross - Day 1 - Garcia–Magbanua Music teacher Stuart Schlazer testifies to being on the phone with Dan Markel when Markel mentioned an unfamiliar person in his driveway, then hears a loud sound and Markel's breathing before it stops; Garcia's counsel briefly cross-examines him on singular-versus-plural wording in his prior statement. Georgia CapplemanChristopher DeCosteSaam ZangenehJames C. HankinsonStuart SchlazerMs. CapplemanJudge HankinsonStuart SchlazerMr. ZangenehMr. DeCostedirectcross
Garcia–Magbanua / Day 1 / September 26, 2019
17 pages · 14 witnesses · 2,297 lines
Music teacher Stuart Schlazer testifies to being on the phone with Dan Markel when Markel mentioned an unfamiliar person in his driveway, then hears a loud sound and Markel's breathing before it stops; Garcia's counsel briefly cross-examines him on singular-versus-plural wording in his prior statement.
Proceedings
Direct Stuart Schlazer - Direct Line 1
Cross Stuart Schlazer - Cross Line 28
1 3:17:24

MS. CAPPLEMAN: State calls Stuart Schlazer.

2 3:18:05

JUDGE HANKINSON: Face the clerk here. Raise your right hand to be sworn.

3 3:18:13

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

4 3:18:15

JUDGE HANKINSON: You may proceed.

5 3:18:18

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

6 3:18:24

STUART SCHLAZER: My name is Stuart Schlazer. S-C-H-L-A-Z-E-R.

7 3:18:30

MS. CAPPLEMAN: Spell your first name, please. Better spell Stuart as well.

8 3:18:32

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

9 3:18:35

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

10 3:18:38

STUART SCHLAZER: I am a music teacher.

11 3:18:40

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

12 3:18:45

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

13 3:18:51

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

14 3:19:01
15 3:19:01

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

16 3:19:05
17 3:19:05

MS. CAPPLEMAN: Could you explain what that was?

18 3:19:34

STUART 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. 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 everything okay?" And then I called 911.

19 3:19:52

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

20 3:20:00

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

21 3:20:06

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

22 3:20:14
23 3:20:15

MS. CAPPLEMAN: All right, go ahead.

24 3:20:17

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

25 3:20:25

MS. CAPPLEMAN: And was that the word that Mr. Markel used — "unfamiliar person"?

26 3:20:28
27 3:20:28

MS. CAPPLEMAN: No further questions.

28 3:20:29
29 3:20:40

MR. ZANGENEH: Did he say person or persons?

30 3:20:52

STUART SCHLAZER: The word that struck me the most was "unfamiliar." I believe he said person — person. But I It's been five years. I don't remember the exact plural or singular form of the word.

31 3:20:56

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

32 3:21:00
33 3:21:01

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

34 3:21:07

STUART SCHLAZER: I believe so, yes.

35 3:21:08

MR. ZANGENEH: Thank you.

36 3:21:08

JUDGE HANKINSON: Magbanua?

37 3:21:09

MR. DECOSTE: No questions.

38 3:21:10

JUDGE HANKINSON: Redirect?

39 3:21:10

MS. CAPPLEMAN: No, sir.

40 3:21:39

JUDGE HANKINSON: Take a lunch break. Just leave your notes where they are. One picture 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; I forgot yesterday, truthfully. They may run into you in the hallways. They're not going to talk to you, even exchange the time of day. That's not because they're being rude — it's because they understand the rules, or such. Okay. Well, let's step out. We'll be back at 1:15.

41 3:22:06

JUDGE HANKINSON: Do we need to keep Mr. Schlazer any further? Does either side need him?

42 3:22:06

MR. ZANGENEH: No, Judge.

43 3:22:07

MR. DECOSTE: No, Your Honor.

44 3:22:34

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