Steven Lutes — Direct/Cross
178 linesMS. CAPPLEMAN: Steven Lutes.
JUDGE HANKINSON: Come up here, please.
JUDGE HANKINSON: He faced an emergency. Sworn, please.
COURT CLERK: Do you swear the testimony you're about to give in this case will be the truth, the whole truth?
STEVEN LUTES: Yes, sir.
JUDGE HANKINSON: Have a seat. Slide up the microphone, please, sir.
MS. CAPPLEMAN: What is your name, sir?
STEVEN LUTES: My name is Steven Lutes.
MS. CAPPLEMAN: Will you spell that, please?
STEVEN LUTES: Sure. Last name is L-U-T-E-S. First name, common spelling, is Steven.
MS. CAPPLEMAN: With the V or the P-H?
STEVEN LUTES: The common spelling. P-H.
MS. CAPPLEMAN: All right. And where are you employed, Mr. Lutes?
STEVEN LUTES: I work for JPMorgan Chase Bank in Tampa, Florida.
MS. CAPPLEMAN: All right. And what is your job title?
STEVEN LUTES: A regional security specialist.
MS. CAPPLEMAN: All right. Are you familiar with a security video camera at the JPMorgan Bank, or at JPMorgan banks in general, back in July of 2014?
STEVEN LUTES: Yes.
MS. CAPPLEMAN: Yes. 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?
STEVEN LUTES: I did. Two separate cameras that 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?
STEVEN LUTES: You mean as far as how they were transferred, or —
MS. CAPPLEMAN: How are they — how are the images captured initially? Is it a camera that runs constantly?
STEVEN LUTES: It is. Twenty-four hours, seven days a week, they're always running. And is the camera mounted on the ATM machine — the two cameras I reference, there's one that's typically inside the ATM, which is called a transaction camera, which will give you facial pictures of the person conducting a transaction on the machine. And then in this instance, it was a drive-up ATM, so there's 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 the ATM machine, on the video that is shown, was previously reviewed by you, on State's Exhibit 143.
MS. CAPPLEMAN: How does that camera record? Where's the information stored that it records?
STEVEN LUTES: So that camera, it's exterior to the branch. It's at a branch location, like everybody would be familiar with. It's connected to a DVR that's stored inside the branch, inside 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 to a wide-area network system.
MS. CAPPLEMAN: All right. I'm going to approach and show you what I've marked as State's 143.
MS. CAPPLEMAN: Do you recognize State's 143?
STEVEN LUTES: Yes, I do.
MS. CAPPLEMAN: How do you recognize it?
STEVEN LUTES: I reviewed this earlier, before I arrived for my testimony here.
MS. CAPPLEMAN: All right. And is State's 143 a fair and accurate copy — 143 — a fair and accurate copy of the video surveillance footage captured by that ATM machine that we were referencing earlier?
STEVEN LUTES: Yes, it is.
MS. CAPPLEMAN: And was the footage captured on State's Exhibit 143 from July 18, 2014?
STEVEN LUTES: Yes, it was.
MS. CAPPLEMAN: And was the camera that captured these images in proper working order back in July 2014?
STEVEN LUTES: Yes.
MS. CAPPLEMAN: Does it accurately show the areas in front of the ATM machine as you previously described?
STEVEN LUTES: Yes, it does.
MS. CAPPLEMAN: And where was that ATM machine — this particular one — located?
STEVEN LUTES: It was in Pembroke Pines, Florida.
MS. CAPPLEMAN: And do you recall the time of the images that were captured on there?
STEVEN 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 been tampered with or altered in any way?
STEVEN LUTES: No, there's not.
MS. CAPPLEMAN: At this time, I'm going to show you what I've marked as State's Exhibits 38 through 44.
MS. CAPPLEMAN: Take a moment to look through each of those and let me know if you recognize them.
STEVEN LUTES: I do, yes.
MS. CAPPLEMAN: Do State's Exhibits 38 through 44 fairly and accurately capture still images taken from the video of State's Exhibit 143?
STEVEN LUTES: Yes, ma'am.
MS. CAPPLEMAN: Judge, at this time I'd ask to move into evidence State's 38 through 44.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: If I could just quickly re-review these exhibits.
JUDGE HANKINSON: Magbanua?
MR. DECOSTE: No objection.
JUDGE HANKINSON: 38 through 44 will be admitted.
MS. CAPPLEMAN: Permission to publish State's 143.
JUDGE HANKINSON: You may.
MS. CAPPLEMAN: No further questions.
MR. ZANGENEH: Good afternoon.
MR. ZANGENEH: Late morning. Mr. Lutes, how are you?
STEVEN LUTES: Good. How are you?
MR. ZANGENEH: Good. So, State's Exhibit 143 is video surveillance at the Pembroke Pines</parameter>at the JPMorgan Chase location on Cobblestone Plaza, correct?
STEVEN LUTES: Yes, correct.
MR. ZANGENEH: Correct. And that's 14916 Pines Boulevard?
STEVEN LUTES: I don't have an address memorized, but yes, I believe that it's correct.
MR. ZANGENEH: Yes, it is.
MR. ZANGENEH: refreshed. Those are still photographs taken from the video that is the government's Exhibit 143. Is that correct, sir?
STEVEN LUTES: Yes, it is.
MR. ZANGENEH: And you'll agree with me that that shows a silver Prius driving up to an ATM?
STEVEN LUTES: Yes.
STEVEN LUTES: That appears to be correct.
MR. ZANGENEH: And tell me again, what is your role with JPMorgan Bank?
STEVEN LUTES: I manage physical security. I'm the regional specialist for physical security for the bank in Florida.
MR. ZANGENEH: And when you were doing your due diligence in this matter — because I assume you did, correct?
STEVEN LUTES: Yes.
MR. ZANGENEH: You were given a subpoena by the government.
STEVEN 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 to you and they said, Mr. Lutes, we need you to do your due diligence and comply with the subpoena. Correct?
STEVEN LUTES: That's generally how it happens. It's not — in this particular instance, we've got a subpoena compliance unit. They would provide the video and still photos. I 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?
STEVEN LUTES: No.
MR. ZANGENEH: But you'll agree with me that it appears on the video the driver is conducting a bank transaction. Is that correct?
STEVEN LUTES: It does appear so, yes. Yes.
MR. ZANGENEH: And does it appear as if he is retrieving money or depositing money?
STEVEN LUTES: Based on the photos that I'm looking at, I can't say one way or the other.
STEVEN LUTES: Based just on these photos.
MR. ZANGENEH: What about on the video?
MR. ZANGENEH: You indicated on direct examination that you were able to authenticate the video, correct?
STEVEN LUTES: Correct. Yes.
MR. ZANGENEH: I'm sorry. I didn't mean to cut you off. Go ahead and finish.
STEVEN LUTES: No, no.
STEVEN LUTES: Correct.
MR. ZANGENEH: That's because the prosecution gave you the CD, you looked at it, and you put your initials on it, right?
STEVEN LUTES: That's correct.
MR. ZANGENEH: That would indicate that you reviewed the video.
STEVEN 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?
STEVEN LUTES: 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.
MR. ZANGENEH: So you can't always tell what kind of transaction it was just based from the video or the pictures. Would it be safe to say that your company — and you work for JPMorgan, correct?
STEVEN LUTES: Yes.
MR. ZANGENEH: Your company would be able to provide that information if requested?
STEVEN 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?
STEVEN LUTES: No, no, I didn't.
MR. ZANGENEH: And to clarify that, that's because you're indicating here that you can't tell whether the driver of that vehicle is making a deposit at the ATM, correct?
STEVEN LUTES: Correct.
MR. ZANGENEH: Or if he's making a withdrawal, correct?
STEVEN LUTES: Correct.
STEVEN LUTES: 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 the prod.
MR. ZANGENEH: So you won't have the answer as to what exact action the driver of that Prius was conducting at your bank location?
STEVEN LUTES: Correct.
MR. ZANGENEH: Simply that he was at that location?
MR. ZANGENEH: Correct?
STEVEN LUTES: He was at that location, and it appears that he's conducting a transaction. That's all.
MR. ZANGENEH: There'd be no other reason to go to a bank teller other than to conduct bank business, is that correct?
STEVEN 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 could show the parking lot area or areas surrounding the bank?
STEVEN 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 — if I may, Judge.
JUDGE HANKINSON: Would you like to publish?
JUDGE HANKINSON: Not our day for technology, apparently.
MR. ZANGENEH: May I do this, Judge?
JUDGE HANKINSON: Well, let's see if they can get the projector working.
MR. ZANGENEH: I think it's showing on the little screens. Yes.
MR. ZANGENEH: It's not going to show up here?
JUDGE HANKINSON: Leave it alone for a minute. It's warm enough. Patience.
MR. ZANGENEH: Okay, here we go. State's Exhibit 43 — you see that, sir?
STEVEN LUTES: I do.
MR. ZANGENEH: And that appears to be an aerial view of the vehicle at a Chase ATM, correct?
STEVEN LUTES: Correct.
MR. ZANGENEH: And that Chase ATM location is 14916 Pines Boulevard in Pembroke Pines. Is that correct?
STEVEN LUTES: Yes, sir.
MR. ZANGENEH: To your knowledge, as an employee of JPMorgan Bank, are there additional cameras other than these specific ones that focus just on this ATM — that would show, like, the parking lot and the bank itself?
STEVEN LUTES: There's 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: Regional security specialist. Okay. You'll 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.
STEVEN LUTES: Yes.
MR. ZANGENEH: Do they have those cameras at this specific location?
STEVEN LUTES: I can't say one way or the other. I'm not sure.
MR. ZANGENEH: Did the government request in a subpoena all the security cameras, or just what's at the drive-through ATM?
STEVEN LUTES: I don't know.
MR. ZANGENEH: What did you provide them?
STEVEN 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?
STEVEN LUTES: I haven't seen any other footage.
MR. ZANGENEH: The government didn't show you — you know how on that disc that they show on government's Exhibit 140, that has your signature — there was no other security cameras that you signed to, that you reviewed, correct?
STEVEN LUTES: That's correct.
STEVEN LUTES: Yes, sir. Yes.
MR. ZANGENEH: Or thereabout, I think.
STEVEN LUTES: Yes.
MR. ZANGENEH: 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 — 5:40, 6:45 and 56 seconds?
STEVEN LUTES: Not based on what I've reviewed, no.
MR. ZANGENEH: Or what about after 6:47 and five seconds?
STEVEN LUTES: I would give the same answer, correct.
MR. ZANGENEH: Just one second. Thank you, sir. I have no further questions at this time. Thank you.
JUDGE HANKINSON: Magbanua?
MR. DECOSTE: No questions, Your Honor.
JUDGE HANKINSON: Redirect?
MS. CAPPLEMAN: No, sir.
JUDGE HANKINSON: You have a question. Apparently you'll see the video later, when we get the technology to work. Anybody have a question?
JUDGE HANKINSON: All right, you can step down. Do we need to keep this witness any further?
MS. CAPPLEMAN: No, Your Honor.
JUDGE HANKINSON: Anybody need him?
MR. ZANGENEH: I apologize, I was consulting with my client.
JUDGE HANKINSON: You need this witness further?
MR. ZANGENEH: No thank you, Judge.
MR. DECOSTE: No, Your Honor.
JUDGE HANKINSON: All right. You're excused. Thank you for being here.
STEVEN LUTES: Thank you.
JUDGE HANKINSON: You got a relatively brief witness, Ms. Cappleman?
MS. CAPPLEMAN: Judge, at this time, I'd like to take another stab at the publication of State's exhibit 143.
JUDGE HANKINSON: Okay. All right.
MS. CAPPLEMAN: The next witness will require a few moments to set up the courtroom.
JUDGE HANKINSON: All right. Well, we'll go ahead and take a lunch break.
JUDGE HANKINSON: It's 11:45. Let's plan to start back at 1 o'clock by that clock, so I'll give you an hour and 15 minutes. So we'll let you step out and have a good lunch. Either side need anything?
JUDGE HANKINSON: All right. One o'clock.