5.Stephen Lutes — Direct/Cross
229 linesMS. CAPPLEMAN: Stephen Lutes.
JUDGE HANKINSON: Come up here, please, sir. If you would face the clerk and be sworn, please, sir.
whereupon, STEPHEN LUTES was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE HANKINSON: Have a seat. Slide up to the microphone, please, sir.
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: what is your name, sir?
STEPHEN LUTES: My name is Stephen Lutes.
MS. CAPPLEMAN: will you spell that, please?
STEPHEN LUTES: Sure. Last name is L-U-T-E-S. First name, common spelling of Stephen.
MS. CAPPLEMAN: with the v or the P-H?
STEPHEN LUTES: The common spelling, with the P-H (laughing. )
MS. CAPPLEMAN: All right. And where are you employed, Mr. Lutes?
STEPHEN LUTES: I work for JP Morgan Chase Bank in Tampa, Florida.
MS. CAPPLEMAN: All right. And what is your job title?
STEPHEN LUTES: Regional Security Specialist.
MS. CAPPLEMAN: All right. Are you familiar with a security video camera at the JP Morgan Bank or at JP Morgan Banks in general back in July of 2014?
STEPHEN LUTES: Yes.
MS. CAPPLEMAN: And did you review a specific -- did you review some specific surveillance footage from a specific ATM surveillance camera from July of 2014 in reference to this case?
STEPHEN LUTES: I did, two separate cameras that are associated with that ATM machine.
MS. CAPPLEMAN: Okay. And can you tell me a little bit about how the process works which gave rise to the images that you reviewed?
STEPHEN LUTES: You mean as far as how they were transferred to --
MS. CAPPLEMAN: How are the images captured initially? Is ita camera that runs constantly?
STEPHEN LUTES: It is 24-hours, seven days a week. It's -- they are always running.
MS. CAPPLEMAN: And is the camera mounted on the ATM machine?
STEPHEN LUTES: The two cameras I had referenced, there's one that's typically inside of the ATM, which is called a transaction camera, which will give you facial pictures of the person conducting the transaction on the machine. And then in this instance, it was a drive-up ATM. So there is also an overhead camera that would capture -- more geared toward the vehicle that the person was driving through in.
MS. CAPPLEMAN: All right. And do the cameras or this -- I want to specifically ask you about the camera that's mounted inside of the ATM machine on the video that is shown -- was previously reviewed by you on State's Exhibit 143.
How does that camera record? where is the information stored that it records?
STEPHEN LUTES: Okay. So that camera is -- it's exterior to the branch. It's a branch location like everybody would be familiar with. It's connected to a DVR that's stored inside of the branch, inside of what's called a technology room. It's a locked room that's alarmed. So it's stored on that DVR and then connected from the DvR on a wider area network system.
MS. CAPPLEMAN: All right. I want to approach and show you what I have marked as State's 143.
Do you recognize State's 143?
STEPHEN LUTES: Yes, I do.
MS. CAPPLEMAN: How do you recognize it?
STEPHEN LUTES: I reviewed the -- I have reviewed this earlier before I arrived for my testimony here.
MS. CAPPLEMAN: All right. And is State's 43 a fair and accurate copy --
JUDGE HANKINSON: 43 or 143?
MS. CAPPLEMAN: 143.
JUDGE HANKINSON: Okay.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: -- a fair and accurate copy of the video surveillance footage captured by that ATM machine that we were referencing earlier?
STEPHEN LUTES: Yes, it is.
MS. CAPPLEMAN: And was the footage captured on State's Exhibit 143 from July 18th, 20147
STEPHEN LUTES: Yes, it was.
MS. CAPPLEMAN: All right. And was the camera that captured these images in proper working order back in July of 2014?
STEPHEN LUTES: Yes.
MS. CAPPLEMAN: And does it accurately show the areas in front of the ATM machine as you have previously described?
STEPHEN LUTES: Yes, it does.
MS. CAPPLEMAN: All right. And where was that ATM machine, this particular one located?
STEPHEN LUTES: It was in Pembroke Pines, Florida.
MS. CAPPLEMAN: Okay. And do you recall the time of the images that were captured on there?
STEPHEN LUTES: It was in the evening. I believe it was around 1845, or 6:45, in the evening.
MS. CAPPLEMAN: Okay. Any indication that the footage that has been prepared for presentation to the jury on State's Exhibit 143 -- has it been tampered with or altered in any way?
STEPHEN LUTES: No, there is not.
MS. CAPPLEMAN: Okay. Judge, at this time, I would ask to introduce State's 143.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: Give me one second, Judge.
Nothing from Mr. Garcia, Judge.
JUDGE HANKINSON: Magbanua?
MR. ZANGENEH: No objection.
JUDGE HANKINSON: All right. It will be admitted.
(State's Exhibit No. 143 received in evidence.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: At this time, Mr. Lutes, I'm going to show you what I have marked as State's Exhibits 38 through 44.
STEPHEN LUTES: Okay.
MS. CAPPLEMAN: Take a moment to look through of each of those, and let me know if you recognize them.
STEPHEN LUTES: I do, yes.
MS. CAPPLEMAN: Do State's Exhibits 38 through 44 fairly cap- -- fairly and accurately capture still images taken from the video in State's Exhibit 143?
STEPHEN LUTES: Yes, ma'am.
MS. CAPPLEMAN: Judge, at this time, I would ask to move into evidence State's 38 through 44.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: Judge, if I could just quickly re-review these exhibits.
JUDGE HANKINSON: Okay.
MR. ZANGENEH: No objection from Mr. Garcia, Judge.
JUDGE HANKINSON: Magbanua.
MR. DECOSTE: No objection.
JUDGE HANKINSON: 38 through 44 will be admitted.
(State's Exhibit Nos. 38 - 44 received in evidence.)
MS. CAPPLEMAN: Permission to publish State's 143?
JUDGE HANKINSON: You may.
MS. CAPPLEMAN: All right. Judge, we are going to publish at another time. No further questions.
JUDGE HANKINSON: Cross?
CROSS EXAMINATION BY MR. ZANGENEH:
MR. ZANGENEH: Good afternoon, late morning, Mr. Lutes. How are you?
STEPHEN LUTES: Good. How are you?
MR. ZANGENEH: Good.
So, State's Exhibit 143 is video surveillance at the Pembroke Pines --
MR. ZANGENEH: May I?
MS. CAPPLEMAN: Yes.
MR. ZANGENEH: Thank you.
BY MR. ZANGENEH:
MR. ZANGENEH: -- at the JP Morgan Chase location at -- on Cobblestone Plaza; correct?
STEPHEN LUTES: yes, correct.
MR. ZANGENEH: And that's 14916 Pines Boulevard?
STEPHEN LUTES: I don't have that address memorized, but, yes, I believe that's correct. Yes.
MR. ZANGENEH: But the items that the Government showed you --
MR. ZANGENEH: If I -- Judge, may I approach?
STEPHEN LUTES: You may.
BY MR. ZANGENEH:
MR. ZANGENEH: To refresh your recollection, if you want to take a look at the items that have already been entered into evidence. And let me know when your recollection is refreshed.
STEPHEN LUTES: It is refreshed.
MR. ZANGENEH: Thank you.
MR. ZANGENEH: May I re-approach, Your Honor?
JUDGE HANKINSON: Are you going to be asking about these pictures?
MR. ZANGENEH: Yes, Sir.
JUDGE HANKINSON: well, why don't you let him hold on to them.
BY MR. ZANGENEH:
MR. ZANGENEH: Those are still photographs taken from the video that's Government Exhibit 143; is that correct, sir?
STEPHEN LUTES: Yes, it is.
MR. ZANGENEH: And you will agree with me that that shows a silver Prius driving up to an ATM?
STEPHEN LUTES: Yes, that appears to be correct.
MR. ZANGENEH: And tell me again what your role is with JP Morgan Bank.
STEPHEN LUTES: I manage physical security for -- for the regional -- I'm the regional specialist for physical security banking in Florida.
MR. ZANGENEH: And when you were doing your due diligence in this matter -- which I assume you did, correct --
STEPHEN LUTES: Yes.
MR. ZANGENEH: -- you were given a subpoena by the Government?
STEPHEN LUTES: Our firm was served a subpoena. I personally was not.
MR. ZANGENEH: I apologize. The company that you work for was served with a subpoena, and then they came with you and they said, Mr. Lutes, we need you to do your due diligence and comply with this subpoena; correct?
STEPHEN LUTES: That's generally how it happens, if not in this particular instance. we have got a subpoena compliance unit that would provide the video and still photos. TI personally didn't provide those, but I'm familiar with the system. I work with this system on a daily basis.
MR. ZANGENEH: were you able to do any research into what this specific transaction entailed?
MR. ZANGENEH: But you'll agree with me that it appears on the video that the driver is conducting a bank transaction; is that correct?
STEPHEN LUTES: It does appear so, yes.
MR. ZANGENEH: And did it appear as if he is retrieving money or depositing money?
STEPHEN LUTES: Based on the photos that I'm looking at, I can't say one way or the other based just on these photos.
MR. ZANGENEH: What about on the video? You indicated, on direct examination, that you were able to authenticate the video; correct?
STEPHEN LUTES: Correct, yes.
MR. ZANGENEH: And that's -- I'm sorry. I didn't mean to cut you off. Go ahead and finish.
STEPHEN LUTES: No. No. Correct.
MR. ZANGENEH: And that's because the prosecution gave you the CD, you looked at it, and you put your initials on it; right?
STEPHEN LUTES: That is correct.
MR. ZANGENEH: And that would indicate that you've reviewed the video?
STEPHEN LUTES: Yes.
MR. ZANGENEH: And on the video, is the person driving the car, is he making a deposit or is he making a withdrawal?
STEPHEN LUTES: It's different -- it's difficult to say. Because of the way the camera is positioned, it's geared more for getting facial identification of a customer. So, really, you just see the person's arm reach to the vicinity of the machine. So it's difficult to say what -- you can't -- you can't always tell what kind of transaction it was just based from the video or the pictures.
MR. ZANGENEH: would it be safe to say that -- that your company -- and you work for JP Morgan; correct?
STEPHEN LUTES: Yes.
MR. ZANGENEH: Your company would be able to provide that information if requested?
STEPHEN LUTES: Yes, they would.
MR. ZANGENEH: Did you -- did you do an internal investigation to make a determination as to what specifically the video showed?
STEPHEN LUTES: No. No, I didn't.
MR. ZANGENEH: And to clarify that, that's because you are indicating here that you can't tell whether the driver of that vehicle is making a deposit at the ATM; correct?
STEPHEN LUTES: Correct.
MR. ZANGENEH: Or if he was making a withdrawal; correct?
STEPHEN LUTES: Correct. For my purposes here, it doesn't really matter to me one way or the other.
MR. ZANGENEH: I understand that. But I'm asking questions with regards to this investigation; so, I don't mean to be -- to prod.
STEPHEN LUTES: No. No.
MR. ZANGENEH: So, you don't have the answer as to what exact action the driver of that Prius was conducting at your bank location?
STEPHEN LUTES: correct.
MR. ZANGENEH: Simply that he was at that location; correct?
STEPHEN LUTES: He was at that location, and it appears that he was conducting a transaction. That's all.
MR. ZANGENEH: There would be no other reason to go to a bank teller other than to conduct bank business; is that correct?
STEPHEN LUTES: That's a fair statement, I think.
MR. ZANGENEH: Other than these videos, do you have -- are there external videos around the bank that can show the parking lot area or areas surrounding the bank?
STEPHEN LUTES: Not always, no.
MR. ZANGENEH: Okay. with regards to this specific location, the location that's addressed in the top right-hand corner of the exhibits --
MR. ZANGENEH: May I, Judge, so I can publish?
JUDGE HANKINSON: You may.
MR. ZANGENEH: Thank you, sir.
STEPHEN LUTES: Yes, Sir.
MR. ZANGENEH: I'm not sure what I need to do here. I'm sorry. Let's do this.
JUDGE HANKINSON: It's not our day for technology apparently.
MR. ZANGENEH: Let me do this. May I do this, Judge?
JUDGE HANKINSON: well, let's see if -- if he can get the projector working.
MR. ZANGENEH: If you may -- I think it's showing on the little screens.
STEPHEN LUTES: Yes.
JUDGE HANKINSON: It's not going to show up here?
COURT STAFF: Give it a second. It should.
JUDGE HANKINSON: Leave it alone for a minute, is what he is saying.
MR. ZANGENEH: Yes, Judge. I'm not touching it.
JUDGE HANKINSON: Okay. All right.
MR. ZANGENEH: It's on. It's just real light.
JUDGE HANKINSON: It's warming up. Okay. Patience, that's --
MR. ZANGENEH: Okay. Here we go.
BY MR. ZANGENEH:
MR. ZANGENEH: State's Exhibit 43, do you see that, sir?
STEPHEN LUTES: I do.
MR. ZANGENEH: Okay. And that appears to be an aerial view of a vehicle at a Chase ATM; correct?
STEPHEN LUTES: Correct.
MR. ZANGENEH: And that Chase ATM location is 14916 Pines Boulevard in Pembroke Pines; is that correct?
STEPHEN LUTES: Yes, sir.
MR. ZANGENEH: To your knowledge as an employee of JP Morgan Bank, are there additional cameras, other than these specific ones that focused just on this drive-through ATM, that would show, like, the parking lot and a complete overview of that bank itself?
STEPHEN LUTES: There is a camera system at each bank. Based upon the physical layout of the bank, some of them do have the exterior cameras to cover parking lots and that kind of thing and some of them don't. And it's something that's in the process continually also to add those to various locations.
MR. ZANGENEH: what's your title at JP Morgan Bank, sir?
STEPHEN LUTES: Regional security specialist.
MR. ZANGENEH: Okay. And you will agree with me, as a regional security specialist, you would have information as to whether or not they have security surveillance that includes what I asked at this specific location?
STEPHEN LUTES: Yes.
MR. ZANGENEH: Do they have those cameras at this specific location?
STEPHEN LUTES: I can't say one way or the other. I'm not sure.
MR. ZANGENEH: Did the Government request in a subpoena all of these security cameras or just what's at the drive-through ATM?
STEPHEN LUTES: I don't know.
MR. ZANGENEH: what did you provide them?
STEPHEN LUTES: I didn't provide this information. The subpoena compliance unit did.
MR. ZANGENEH: I apologize. To your knowledge, did the compliance unit provide any other security cameras or security footage other than the drive-through ATM?
STEPHEN LUTES: I haven't seen any other footage.
MR. ZANGENEH: The Government didn't show you -- you know how on that disk that they showed on Government's Exhibit 143 that has your signature, there was no other security cameras that you were assigned to that you reviewed; correct?
STEPHEN LUTES: That's correct.
MR. ZANGENEH: Let's see what time this starts at. Government's Exhibit 38 appears to be the first in time. At 6:45:56 seconds. Is that correct?
STEPHEN LUTES: Yes, sir.
MR. ZANGENEH: And then there's a few others going up to Government's Exhibit 44, which is at 6:47:05; correct?
STEPHEN LUTES: Yes.
MR. ZANGENEH: Okay. So, for a minute and 10 seconds, this car was at that drive-through window; correct?
STEPHEN LUTES: Or thereabout, I think, yes.
MR. ZANGENEH: Did you tell -- or do you have any information to tell this jury about where this -- (Cloud noises out of the courtroom) .
I apologize. Do you have any information, any tangible information, any physical evidence that can educate this jury as to where this car was a second before 5 -- =6:45:56?
STEPHEN LUTES: Not based on what I have reviewed, no.
MR. ZANGENEH: Or what about after 6:47:05?
STEPHEN LUTES: I would give the same answer, correct.
MR. ZANGENEH: Just one second, Judge, to consult.
Thank you, sir. I have no further questions at this time.
JUDGE HANKINSON: Magbanua?
MR. DECOSTE: No questions, Your Honor.
JUDGE HANKINSON: Redirect.
MS. CAPPLEMAN: No, sir.
JUDGE HANKINSON: Any juror have a question? Apparently, you will see the video later when we get the technology working. Anybody have a question?
All right. You can step down.
Do we need to keep this witness any further?
MS. CAPPLEMAN: No, Your Honor.
JUDGE HANKINSON: All right. Either side, anybody need him?
MR. ZANGENEH: I apologize, Judge. I was consulting with my client.
JUDGE HANKINSON: Do you need this witness further?
MR. ZANGENEH: No. Thank you, Judge.
MR. DECOSTE: No, Your Honor.
JUDGE HANKINSON: All right. You are excused. Thank you for being here.
STEPHEN LUTES: Thank you, Your Honor.
JUDGE HANKINSON: Do you have a relatively brief witness, Ms. Cappleman?
MS. CAPPLEMAN: Judge, at this time, I would like to take another stab at the publication of State's Exhibit 143.
JUDGE HANKINSON: Okay. All right.
MS. CAPPLEMAN: And somebody could come and assist us with that.
(State's Exhibit No. 143 published in open court with no audio.)
MS. CAPPLEMAN: Judge, the next witness will require a few moments to set up the courtroom.
JUDGE HANKINSON: All right. why don't we go ahead and take a lunch break.
we -- it's 11:45. Let's plan to start back at 1:00, by that clock. So that will give you an hour and 15 minutes. we will let you step out. Have a good lunch.
(Jury exits the courtroom.)
JUDGE HANKINSON: Either side need anything?
MS. CAPPLEMAN: No, sir.
MR. ZANGENEH: NO, Judge.
MR. DECOSTE: No, Your Honor.
JUDGE HANKINSON: All right. 1:00.
(Proceedings recessed.)