3.Bill Brannon — Direct/Cross/Redirect
388 linesMS. CAPPLEMAN: Officer Bill Brannon.
JUDGE HANKINSON: Subject to my prior ruling.
All right. If you will face the clerk and be sworn, please, sir.
whereupon, BILL BRANNON 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.
BILL BRANNON: Yes, sir.
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Sir, please introduce yourself, and spell your last name.
BILL BRANNON: I'm Officer Brannon, B-R-A-N-N-O-N. Number 510 with the Tallahassee Police Department.
MS. CAPPLEMAN: How long have you been with TPD?
BILL BRANNON: Been with the Tallahassee Police Department for 20 years, and I was with FSUPD for a couple years prior to that.
MS. CAPPLEMAN: All right. Do you remember responding to a crime scene on July 18th, 2014?
BILL BRANNON: Yes, ma'am.
MS. CAPPLEMAN: And was that located on Trescott Drive?
BILL BRANNON: Yes.
MS. CAPPLEMAN: who was there when you arrived?
BILL BRANNON: The paramedics were already there and Sergeant Sims and Investigator Bradshaw.
MS. CAPPLEMAN: what time did you arrive?
BILL BRANNON: At approximately 11:15 a.m.
MS. CAPPLEMAN: And what was your role there on the scene?
BILL BRANNON: I ended up being -- writing the initial report.
MS. CAPPLEMAN: Okay. Did you also participate in clearing the residence?
BILL BRANNON: Yes, ma'am.
MS. CAPPLEMAN: And during your clearing of the residence, did you see any evidence of a struggle or a robbery attempt?
BILL BRANNON: I was approaching the scene, which was in the garage of the residence. The paramedics were taking the victim out of the car. I saw bandaging around his head, blood on the victim, a little bit on the ground, a little bit on the car, some shattered glass, and I also noticed a half a pair of glasses laying on the ground just outside of the driver's door.
MS. CAPPLEMAN: Okay. But inside of the residence, any indication of forced entry or robbery?
BILL BRANNON: No.
MS. CAPPLEMAN: Okay. Did you also assist with setting up a crime scene perimeter?
BILL BRANNON: I can't remember if I actually assisted with setting it up, but I definitely was guarding the north end at one point.
MS. CAPPLEMAN: All right. what is a crime scene perimeter?
BILL BRANNON: Basically cordon off an area with crime scene tape and making sure no citizens come in the crime scene area.
MS. CAPPLEMAN: And where was the crime scene tape set up that you assisted with holding?
BILL BRANNON: Approximately a few houses north of the victim's residence on Trescott.
MS. CAPPLEMAN: And would that be toward Centerville Road or the other direction?
BILL BRANNON: well, if you go on way around Centerville, it would have -- I mean, Trescott, it would eventually hit Centerville.
MS. CAPPLEMAN: But it would be between the crime scene and Centerville Road?
BILL BRANNON: Yes.
MS. CAPPLEMAN: Okay. And if you were just passing by Trescott Road on Centerville Road, would you be able to observe the crime scene tape?
BILL BRANNON: From Centerville Road?
MS. CAPPLEMAN: Yes, sir.
BILL BRANNON: No.
MS. CAPPLEMAN: why not?
BILL BRANNON: Because there was a considerable distance between there, and it also kind of curves around.
MS. CAPPLEMAN: Okay. During the time that you were holding the -- holding the perimeter -- that just means sitting there and making sure nobody comes through the tape; correct?
BILL BRANNON: Yes.
MS. CAPPLEMAN: All right. During the time that you were doing that, did you see a particular vehicle of interest pull up?
BILL BRANNON: Yes, a mid to late 2000 Honda Odyssey van.
MS. CAPPLEMAN: I'm going to show what I have marked as State's Exhibit 19, and this has been introduced into evidence.
Is the vehicle pictured in State's Exhibit 19 consistent with the vehicle that you saw approach the crime scene tape that day?
BILL BRANNON: Yes, ma'am.
MS. CAPPLEMAN: And the vehicle that approached the crime scene tape would have had to turn on to Trescott and come a considerable distance down Trescott to get to the crime scene tape where you were?
BILL BRANNON: Yes, ma'am.
MS. CAPPLEMAN: All right. And is this vehicle similar in make, model, and color as the one that you saw?
BILL BRANNON: Yes, ma'am.
MS. CAPPLEMAN: And why did this vehicle attract your attention that day?
BILL BRANNON: I had already heard word from other officers that --
MR. ZANGENEH: Objection, Your Honor. It's hearsay.
JUDGE HANKINSON: Sustained.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. Do you drive a vehicle of a similar make and model to this vehicle?
BILL BRANNON: Yes. My wife's drive -- primarily drives a 2006 Honda Odyssey.
MS. CAPPLEMAN: were you able to see the driver of the vehicle?
BILL BRANNON: I was pretty sure it was a female, but I didn't get -- I couldn't say conclusively.
MS. CAPPLEMAN: what about hair color or style?
BILL BRANNON: Nah.
MS. CAPPLEMAN: Tag number of the vehicle?
BILL BRANNON: Nah. I didn't catch the tag number either.
MS. CAPPLEMAN: All right. And about what time did you observe this vehicle approach the scene?
BILL BRANNON: It was right around noon.
MS. CAPPLEMAN: And could you describe how the vehicle -- what happened once it pulled up?
BILL BRANNON: Just came up and made a three-point turn and turned around and left the area.
MS. CAPPLEMAN: All right. And did it do so -- I'm assuming other vehicles probably did the same thing during that timeframe you were holding the perimeter; correct?
BILL BRANNON: Yes, ma'am.
MS. CAPPLEMAN: Because there was no ingress or egress down Trescott past that point; correct?
BILL BRANNON: No.
MS. CAPPLEMAN: All right. And the vehicle -- did this vehicle turn around in any different fashion from the other ones that you observed turning around?
BILL BRANNON: It seemed to be a little less hesitation compared to other vehicles.
MS. CAPPLEMAN: what do you mean by that?
MR. ZANGENEH: Objection, Judge. Calls for speculation.
JUDGE HANKINSON: Overruled.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Can you describe what you mean by that?
BILL BRANNON: Average citizens would be pulling up, and there is that kind of pause where I guess they are formulating a new plan. Like, oh, I can't go the way I was planning on going. And then, you know, they'd kind of sit there for a second, and then they will eventually turn around and go.
The way I remember it, this van, I mean, just came right up, made the three-point turn, and left. I mean, nothing -- it wasn't squealing tires or anything crazy like that, though.
MS. CAPPLEMAN: Okay. would the view that this driver of the van that approached the tape have had, would that driver have had a clear view of Mr. Markel's driveway?
MR. DECOSTE: Objection. Speculation.
JUDGE HANKINSON: Overruled.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: You may answer the question.
BILL BRANNON: Should -- should have been.
MS. CAPPLEMAN: And would the person driving the van have been able to observe, at the time that that person pulled up, that there were emergency vehicles present in the driveway of Dan Markel?
BILL BRANNON: It should be evident. There's plenty of emergency response vehicles and stuff on scene. They were only, like I said, approximately a few houses down.
MS. CAPPLEMAN: what emergency vehicles were present at the scene at the time that vehicle pulled up?
BILL BRANNON: There was probably approximately four or five patrol cars, the marked patrol cars, at least -- at least one of the crime scene vehicles, which was also marked with “police” on it, and then some of the other investigators.
MS. CAPPLEMAN: And your vehicle, was that a marked patrol vehicle?
BILL BRANNON: Yes, ma'am.
MS. CAPPLEMAN: Were you seated inside of the vehicle? Were you standing outside of the vehicle?
BILL BRANNON: I was seated inside.
MS. CAPPLEMAN: Okay. And did this person in the van get out or attempt to interact with you at all or ask you anything?
BILL BRANNON: No, ma'am.
MS. CAPPLEMAN: And would your vehicle have been readily visible to the person in the van?
BILL BRANNON: Yes. I had the emergency lights activated, also.
MS. CAPPLEMAN: No further questions.
JUDGE HANKINSON: Cross?
MR. ZANGENEH: Yes, Judge.
CROSS EXAMINATION BY MR. ZANGENEH:
MR. ZANGENEH: officer Brannon, good morning.
BILL BRANNON: Good morning, sir.
MR. ZANGENEH: So just so I'm clear spatially, how far from the incident location were you parked with your patrol car with the lights activated?
BILL BRANNON: Approximately a few houses.
MR. ZANGENEH: From where you're sitting, would it be past where the wall is, sir?
BILL BRANNON: That's reasonable.
MR. ZANGENEH: Okay. How much -- how much further past the wall would it be?
BILL BRANNON: I mean, that's hard to say. Maybe two or three times the distance from me to this wall.
MR. ZANGENEH: Awful question. Let me ask probably a better question.
As a law enforcement officer, can you give me a feet distance, about, roughly, how many feet it was from where the scene was to where you were parked?
BILL BRANNON: Two- or 300 feet, maybe.
MR. ZANGENEH: And just so I understand, you -- your car was blocking off traffic that would have gone down on Trescott; is that correct?
BILL BRANNON: Yes, sir.
MR. ZANGENEH: Just to help me out here, sir, what street would vehicles be traveling down that would run into -- would they be traveling down Trescott or where there's another street?
BILL BRANNON: No, on Trescott.
MR. ZANGENEH: On Trescott.
And so when vehicles would come, they would have to make a three-point turn to turn around?
BILL BRANNON: Yes, sir.
MR. ZANGENEH: Because it's a -- it's a somewhat narrow road? Is that a fair assessment, just one way -- one way for both locations?
BILL BRANNON: An average residential.
MR. ZANGENEH: An average residential. Going one lane for north, one lane for south or east or west, however it breaks down?
BILL BRANNON: Yes, sir.
MR. ZANGENEH: And how long were you parked at that location? How long were you seated inside of your vehicle?
BILL BRANNON: I can't recall that.
MR. ZANGENEH: You said on direct examination you got there around 11:15. Is that about correct, sir?
BILL BRANNON: Somewhere right around there.
MR. ZANGENEH: About how long did it take for you to move to that location where you were parked?
BILL BRANNON: Maybe a half hour to 45 minutes, because there's some things I did in between.
MR. ZANGENEH: Understandable. I'm not holding you to it. So, about 30, 45 minutes, and then you go and then you kind of block off traffic coming down Trescott; right?
BILL BRANNON: Yes, sir.
MR. ZANGENEH: were you asked by any of the investigators to provide a log of any vehicles that were attempting to come down Trescott?
BILL BRANNON: Not a log of vehicles coming, no.
MR. ZANGENEH: And by that, I mean, like, nobody asked you to observe which cars were coming and turning around; right?
BILL BRANNON: Not specifically which cars were coming and turning around, no.
MR. ZANGENEH: Did you have a notepad with you in your vehicle?
BILL BRANNON: I always have one with me.
MR. ZANGENEH: Did you take notes of which vehicles came down Trescott and turned around?
BILL BRANNON: Only the one that was of concern.
MR. ZANGENEH: Okay. And you took a specific note with regards to this vehicle?
BILL BRANNON: It's in the report, sir.
MR. ZANGENEH: And what did you write?
BILL BRANNON: Basically that I had seen a vehicle matching that -- of the description known to be driven by the ex-wife.
MR. ZANGENEH: So, you knew -- when were you told the description of the vehicle known to be -- let me rephrase that. Sorry. I'm all over the place.
So you knew going in what Ms. Adelson's car looked like?
BILL BRANNON: At some point after arrival, I was made aware of =~ what --
MR. ZANGENEH: what her vehicle looked like?
BILL BRANNON: Yes, sir.
MR. ZANGENEH: And this is before you got in your car and you posted up and did your job to create a perimeter; correct?
BILL BRANNON: It may have been right beforehand or while sitting there. That, I can't recall. It's been a few years.
MR. ZANGENEH: Understandable. Once you saw the vehicle that you believed matched her vehicle, did you contact -- get on your radio and say, Hey, somebody go ahead and pull Ms. Adelson over?
BILL BRANNON: No.
MR. ZANGENEH: At that point, did you know that she was an ex-wife?
BILL BRANNON: From what I had been told on scene, it appeared that there was a separation or a split or something. I couldn't have stated that conclusively at that point, though.
MR. ZANGENEH: So, you get there around 11:15. You will agree with me that's pretty close in time to when the shooting occurred, correct, or at least when the first 911 call went out, correct, sir?
BILL BRANNON: Fairly, yes.
MR. ZANGENEH: And were you there before EMS or after EMS get there?
BILL BRANNON: EMS was already on scene.
MR. ZANGENEH: They must have just gotten there; right?
BILL BRANNON: I'm not sure exactly when they got there because, like -- I guess when I was walking up the driveway, they were already pulling Mr. Markel out of the vehicle.
MR. ZANGENEH: And between that time and the 30 or 45 minutes, somebody associated with law enforcement told you that the decedent was separated from his ex- -- from his -- from his former wife?
BILL BRANNON: The first person to tell me that they believed they were separated was the neighbor who had called 911.
MR. ZANGENEH: Mr. Geiger?
BILL BRANNON: Yes, sir.
MR. ZANGENEH: So you interviewed Mr. Geiger?
BILL BRANNON: Yes, sir.
MR. ZANGENEH: In addition to telling you that they were going through a divorce, did he comment on the Prius or the vehicle that he said that he saw leaving the scene?
BILL BRANNON: Yes.
MR. ZANGENEH: would it be a fair statement to say that he told you that that vehicle left at a high rate of speed?
BILL BRANNON: Yes.
MR. ZANGENEH: And that's actually something that you provided and prepared in your report, that same exact language; correct?
BILL BRANNON: Yes, sir.
MR. ZANGENEH: Something to that effect?
BILL BRANNON: Something to that effect, that they had left --
MR. ZANGENEH: That the car -- I'm sorry. I didn't mean to cut you off. Go ahead and finish, sir.
BILL BRANNON: Just that it had left in an expeditious manner, seemed to be leaving quickly, something of that nature.
MR. ZANGENEH: So, not that it drove slowly out of the parking lot and eased its way down the road. That it was moving; right?
BILL BRANNON: That's what I gathered from Mr. Geiger's statements.
MR. ZANGENEH: Obviously, Mr. Geiger wasn't able to identify how many people were in the vehicle; correct?
BILL BRANNON: No.
MR. ZANGENEH: I'm sure that's something you'd asked him?
BILL BRANNON: Yes, sir.
MR. ZANGENEH: Was there a reason -- well, let me ask it this way. If you're told that the decedent's gone through a separation and you see a vehicle that matches the description of his ex-wife, Ms. Adelson -- which you did; correct?
BILL BRANNON: Yes.
MR. ZANGENEH: was there a reason why you guys didn't try to pull her over at least to kind of inform her as to what's going on? At least to see if that's the right car?
BILL BRANNON: I wasn't aware of a reason to affect a traffic stop at that point. And I'm stuck on the perimeter. I can't leave at that point.
MR. ZANGENEH: You have the ability to get on your radio; correct?
BILL BRANNON: Yes.
MR. ZANGENEH: Okay. And there's other law enforcement officers -- I assume you said there's four cars at the scene; right?
BILL BRANNON: Yes.
MR. ZANGENEH: Okay. There's a crime scene van there?
BILL BRANNON: Yes.
MR. ZANGENEH: Okay. There would be no lack of law enforcement to be able to assist you to pull this vehicle over and inform this woman that her ex-wife -- I'm sorry -- that her ex-husband had been shot twice in the face; correct?
BILL BRANNON: As far as what I knew at that point, we didn't have a reason to stop her. I was just told, you know, be on the lookout for the vehicle. And I had notified the investigator that I had seen a vehicle matching, and, you know, that was all I can tell you about that part of it. He told us to keep an eye out. I saw a vehicle that matched, and I let him know that I did see a vehicle that looked like it.
MR. ZANGENEH: But, I mean, but you understand my question; right?
BILL BRANNON: Yes.
MR. ZANGENEH: Because your testimony, Officer, is that it appeared that this van would have a clear view of her ex-husband's house; right?
BILL BRANNON: Yes.
MR. ZANGENEH: Your testimony is -- assuming to this jury that was it was wendi Adelson that was driving that car; right?
BILL BRANNON: I'm sorry? Say that last part again.
MR. ZANGENEH: Your testimony -- what you're suggesting to these jurors is that that may have been wendi Adelson in that maroon colored -- in this vehicle; right?
BILL BRANNON: Correct.
MR. ZANGENEH: Okay. And so your testimony was also that when the car came, that the person didn't stop and ask you what's going on; right?
BILL BRANNON: No.
MR. ZANGENEH: The person didn't get out screaming, Oh, my God, that's my ex-husband's house; right?
BILL BRANNON: No.
MR. ZANGENEH: And you would agree with me that that may be considered a normal response to seeing law enforcement and crime scene and EMS, it's somebody that you had a relationship with, that that's their house; right?
BILL BRANNON: Quite possibly.
MR. ZANGENEH: So the normal response would have at least been to inquire; correct?
BILL BRANNON: I can't say what her normal response was because I don't know what her role exactly was.
MR. ZANGENEH: Okay. well, let me ask you this. The car in question didn't stop; right?
BILL BRANNON: No, sir.
MR. ZANGENEH: Okay. Didn't stop to inquire of you as to what's going on; right?
BILL BRANNON: No, sir.
MR. ZANGENEH: Didn't get out of the car?
BILL BRANNON: No, sir.
MR. ZANGENEH: Didn't ask you any questions?
BILL BRANNON: No, sir.
MR. ZANGENEH: Okay. And pretty smoothly made a three-point turn and drove away; right?
BILL BRANNON: Correct.
MR. ZANGENEH: Thank you, Officer Brannon. I have no further questions.
JUDGE HANKINSON: Magbanua?
MR. DECOSTE: Yes, Your Honor. very briefly.
CROSS EXAMINATION BY MR. DECOSTE:
MR. DECOSTE: Good morning.
BILL BRANNON: Good morning, sir.
MR. DECOSTE: Trescott Drive, you set up crime scene tape?
BILL BRANNON: I am not sure if I'm the one who actually set up the crime scene tape. I can't remember if that was me or somebody else that had put it up.
MR. DECOSTE: Now, that tape isn't just used for locations where there has been a shooting. You use it for a car accident. You use it for an injured bicyclist. It's common tape that you guys use to secure an area; right?
BILL BRANNON: If there's an investigation going on. Not -- I mean, not for just any traffic crash or anything like that.
MR. DECOSTE: well, if you have a traffic crash and you need to protect an area because crime scene needs to come out, you would use that same tape; right?
BILL BRANNON: Yes.
MR. DECOSTE: It's not specific to a shooting?
BILL BRANNON: No.
MR. DECOSTE: It doesn't say there was a shooting?
BILL BRANNON: No.
MR. DECOSTE: It just says "Crime scene." It's the yellow tape that we all know?
BILL BRANNON: Yes, sir.
MR. DECOSTE: All right. So, in this situation, that tape is set up, I think you said, a couple of houses down?
BILL BRANNON: Approximately three -- three, maybe four houses down approximately.
MR. DECOSTE: whoever it was inside of this van, that tape wouldn't indicate to them what was going on at whatever house something is going on at; right?
BILL BRANNON: No.
MR. DECOSTE: It could have been the elderly gentleman that lives next door, Mr. Geiger. He could have had medical complications; right?
BILL BRANNON: Feasibly. I'm --
MR. DECOSTE: Just what I'm saying, there could have been any reason for what was going on and why the tape was up; right?
BILL BRANNON: Yes. I would think that a reasonable person would think that it was something relatively serious going on with the number of vehicles there and all of that kind of stuff, though.
MR. DECOSTE: But no indication exactly what was going on?
BILL BRANNON: No, sir.
MR. DECOSTE: Let's talk about the vehicle now. It could have been anyone; right?
BILL BRANNON: Yeah. I -- yeah. I couldn't say who was driving it. It looked like a female, but I couldn't --
MR. DECOSTE: we will get to that in a second. You -- when you saw it and you later identified it in your report, correct me if I'm wrong, you said it was a mid to late 2000s; right?
BILL BRANNON: Yes, sir.
MR. DECOSTE: You didn't say it was a dark red 2007. You couldn't make that identification from where you were on the scene?
BILL BRANNON: I described it as a darker red, but I -- the description of the year was mid to late 2000s.
MR. DECOSTE: Right. It could have been anyone in that van; right?
BILL BRANNON: Yes.
MR. DECOSTE: It could have been anyone's van; right?
BILL BRANNON: Yes.
MR. DECOSTE: May not have been that van?
BILL BRANNON: Yeah, I can't say that that's the exact one, no, sir.
MR. DECOSTE: Probably not -- it could have been your wife?
BILL BRANNON: Mine is gold, but --
MR. DECOSTE: Same vehicle, though?
BILL BRANNON: Same approximate year vehicle.
MR. DECOSTE: All right. Let's talk about the vehicle and how it approached the scene and turned away.
You have no way of knowing why the person smoothly turned away; right?
BILL BRANNON: No, sir.
MR. DECOSTE: It could have been a calm day? They needed to get somewhere else; right?
BILL BRANNON: Plausible.
MR. DECOSTE: Needed to get the kids to school, get to work, go to the bathroom. It could have been anything; right?
BILL BRANNON: As far as I know.
MR. DECOSTE: All right. Before you testified here today, you had conversations with the state attorney's office; right?
BILL BRANNON: Yes.
MR. DECOSTE: They reviewed your testimony with you?
BILL BRANNON: Yes.
MR. DECOSTE: Prepared you?
BILL BRANNON: what did you mean by “prepared?”
MR. DECOSTE: went over the questions that they would be asking you --
BILL BRANNON: No, she didn't really go over the questions she would be asking, not that I recall --
MR. DECOSTE: -- or the topics? I cut you off.
BILL BRANNON: I mean, not that I recall her asking me exactly what we would be asking. I know we met and talked about she was curious about where the perimeter was set up and a few things about it, but not specifically what was going to be asked.
MR. DECOSTE: Curious if you would be able to testify that that could have been wendi Adelson that approached the scene; right?
BILL BRANNON: I don't recall her asking specifically about that.
MR. DECOSTE: Okay. You have the report that you wrote in front of you; right?
BILL BRANNON: Yes.
MR. DECOSTE: You testified on direct examination that you could see that it was a woman inside of the vehicle; right?
BILL BRANNON: In the deposition, you are talking about?
MR. DECOSTE: On direct examination here today, you said that you saw that it was a woman in the vehicle; right.
BILL BRANNON: That I believed -- I said I believe it was a woman, that I couldn't say conclusively.
MR. DECOSTE: Please point for me in your report where you said "woman." Page 2.
BILL BRANNON: I didn't say it in the report. But in the deposition with you a few years later, we discussed that, and I brought it up that I believed it was a woman, but I couldn't say conclusively.
MR. DECOSTE: You wrote that report right after you saw this van; right?
BILL BRANNON: Around that same timeframe.
MR. DECOSTE: And the point of those reports is to make sure that you accurately take down the information; correct?
BILL BRANNON: Yes.
MR. DECOSTE: To help you later here testifying, to help us better understand what's going on in the case; right?
BILL BRANNON: Yes.
MR. DECOSTE: After you wrote that report, once the prosecution started -- before that deposition, you started talking to these prosecutors; right?
BILL BRANNON: Before this deposition?
MR. DECOSTE: Are you referencing something you have in front of you?
BILL BRANNON: I'm referencing the deposition that I had with you a few years ago.
MR. DECOSTE: Let me do the chronology.
You write the report right after you see on -- what you see on the scene; right?
BILL BRANNON: Yes.
MR. DECOSTE: The prosecution then begins. These prosecutors come onto the case. You begin talking to them. Then we have a deposition.
BILL BRANNON: I don't remember having any contact with prosecutors between the time that I wrote the report and the time that I had the deposition with you.
MR. DECOSTE: SO --
BILL BRANNON: I don't recall any -- ever meeting with any of them during that timeframe.
MR. DECOSTE: All right. But safe to assume, you write a report right after the incident. You don't say "a woman"; right?
BILL BRANNON: No, sir.
MR. DECOSTE: Now, you are here in front of a jury, after meeting with these prosecutors, and now you are saying you saw a woman; right?
BILL BRANNON: No. I'm telling you, like I told you just a second ago, sir, I said I believed it was a woman, but I still can't say that. It could have been a man with longer hair. I don't know. I believed it was a woman, but I still can't say that conclusively.
MR. DECOSTE: In your report, you wrote that you couldn't see the occupant; right?
BILL BRANNON: I said -- yeah, I said it, and I couldn't say anything conclusively about the occupants.
MR. DECOSTE: So apparently your memory gets better with time?
BILL BRANNON: I don't know what to tell you, sir.
MR. DECOSTE: withdrawn. You don't need to answer.
MR. DECOSTE: Thank you, Your Honor.
JUDGE HANKINSON: The jury will disregard the question. It's not --
Mr. Decoste, that's inappropriate.
MR. DECOSTE: Yes, Your Honor.
MS. CAPPLEMAN: Can we approach, Your Honor?
JUDGE HANKINSON: Okay.
(A Bench Conference was held as follows:)
MS. CAPPLEMAN: Judge, on cross-examination of this witness, Mr. Decoste has suggested that there was something inappropriate about the State conferring with the witness about what his testimony would be. I know that I anticipate Your Honor will read a standard instruction in reference to that at the closing of the case, but that's a long time from now, and I'm concerned about, you know, that time delay. And I would ask that that instruction be given at this time.
JUDGE HANKINSON: Okay. All right.
(The Bench Conference was concluded.)
JUDGE HANKINSON: Let me make a legal instruction to you. I don't have the exact writing in front of me. At the end of the case, I will repeat this to you in legal form.
But essentially what the instruction says, and I now instruct you, is that no witness should be discredited for talking to the attorneys for either side. we encourage witnesses to talk to the attorneys for either side. They are free to do so, and you should not discredit their testimony for talking to an attorney for either side.
Anything further, Ms. Cappleman?
MS. CAPPLEMAN: Yes, Your Honor. Thank you.
REDIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: officer Brannon, we talked about the emergency vehicles present in and around the driveway of Mr. Markel.
were there any emergency vehicles in Mr. Geiger's driveway?
BILL BRANNON: I can't say for sure. I don't recall there being any, but --
MS. CAPPLEMAN: were there any emergency vehicles in any of the driveways other than Mr. Markel's?
BILL BRANNON: I don't believe so. I believe they were on the street.
MS. CAPPLEMAN: All right. And I just want to clarify that when you observed the vehicle that you saw approach the crime scene tape, was it your responsibility for finding and interviewing Ms. Adelson, or was that the responsibility of some other officer?
BILL BRANNON: Somebody else.
MS. CAPPLEMAN: Okay. And you notified the -- who you thought to be the correct person of what you had seen?
BILL BRANNON: Yes.
MS. CAPPLEMAN: And did you do that immediately?
BILL BRANNON: It was right around that same timeframe. I had called him on the phone.
MS. CAPPLEMAN: All right. No further questions.
JUDGE HANKINSON: All right. Any juror have a question of this witness? All right.
You can step down, sir.
Do we need to keep him further? Anybody need him further?
MR. ZANGENEH: Your Honor, I believe --
JUDGE HANKINSON: Oh, I'm sorry. I thought you said no questions. All right. I'm sorry. Let me -- we will go sidebar.
(A Bench Conference was held as follows:)
JUDGE HANKINSON: Question is: "Were you informed about the color of the -- of Ms. Adelson's vehicle on the day of the incident?"
Either side have an objection to that?
MR. ZANGENEH: No, Judge.
MS. CAPPLEMAN: No, sir.
JUDGE HANKINSON: I may ask it a little more broadly and say: were you informed of the color of and when maybe, rather than -- especially on the date -- at the scene -- of the incident. That ain't going to help much. All right.
MR. ZANGENEH: Thank you.
(The Bench Conference was concluded.)
JUDGE HANKINSON: So from the jury: Were you aware of the color of Ms. Adelson's vehicle on the day of the incident?
BILL BRANNON: Yes, Sir.
JUDGE HANKINSON: And at what point in time had you been made aware of that?
BILL BRANNON: I can't remember exactly. It was somewhere in the point between interviewing Mr. Geiger and the point that I had ended up on the perimeter. I can't remember exactly when I had been notified of that, though.
JUDGE HANKINSON: So, it was before you saw this van?
BILL BRANNON: Yes, sir.
JUDGE HANKINSON: Okay. Any follow-up, Ms. Cappleman?
MS. CAPPLEMAN: No, sir.
JUDGE HANKINSON: Garcia?
MR. ZANGENEH: No, Your Honor.
JUDGE HANKINSON: Magbanua?
MR. DECOSTE: Briefly, Your Honor.
FURTHER EXAMINATION
BY MR. DECOSTE:
MR. DECOSTE: officer, I just want to get the chronology down here.
You are on scene. You see the van. You learn of the color of Ms. Adelson's vehicle; right?
BILL BRANNON: I had already been aware of the color of her vehicle prior to seeing what I saw.
MR. DECOSTE: And then you write your report?
BILL BRANNON: It was around the same -- yeah, around the same timeframe.
MR. DECOSTE: Correct me if I'm wrong. You write it early evening and you submit it early evening; right?
BILL BRANNON: Probably earlier than evening.
MR. DECOSTE: If you want to take a look.
BILL BRANNON: I mean, it doesn't have exactly what time I got done + there or anything.
MR. DECOSTE: But it wasn't verified by your supervisor until early evening; right?
BILL BRANNON: I can't tell you when they reviewed it.
MR. DECOSTE: You could take a look at the bottom right-hand corner of the report.
BILL BRANNON: This -- what I have doesn't have that on there.
MR. DECOSTE: Okay. Nothing further, Your Honor.
JUDGE HANKINSON: Anything further, Ms. Cappleman?
MS. CAPPLEMAN: NO, Your Honor.
JUDGE HANKINSON: All right. You can step down.
Anybody need him any further?
MS. CAPPLEMAN: No, Your Honor.
JUDGE HANKINSON: All right. You are excused.
MR. ZANGENEH: No, Judge.
BILL BRANNON: Thank you, sir.
JUDGE HANKINSON: All right. Let's take 15 minutes. we will let the jury step out. Either side need anything?
MR. ZANGENEH: Not from Mr. Garcia, Judge.
MR. DECOSTE: Possibly, depending on what witness is next.
MS. CAPPLEMAN: Mr. Lacasse is next.
MR. DECOSTE: Nothing, Your Honor.
JUDGE HANKINSON: Okay. we will take 15 minutes.
(Break taken.)
JUDGE HANKINSON: Let's have the jury, please.