Jonathan Grossman — Direct/Cross
202 linesJUDGE HANKINSON: It's not quite as exciting as it looks on TV. We're working hard, so we appreciate you hanging in there with us.
JUDGE HANKINSON: Come on up here, please. If you'd face the clerk and be sworn, please.
MS. CAPPLEMAN: Good afternoon. Please introduce yourself and spell your name.
JONATHAN GROSSMAN: My name is Officer Jonathan Grossman. J-O-N-A-T-H-A-N, G-R-O-S-S-M-A-N.
MS. CAPPLEMAN: And how are you employed?
JONATHAN GROSSMAN: I am currently a police detective with the Miami-Dade Police Department's Criminal Investigations Division, and I'm specifically assigned to the Homicide Bureau.
MS. CAPPLEMAN: How long have you been employed in that way?
JONATHAN GROSSMAN: Since January of 2013.
MS. CAPPLEMAN: All right. And what about before that?
JONATHAN GROSSMAN: Prior to that, I spent seven years with the Miami-Dade Schools Police Department.
MS. CAPPLEMAN: All right. And did you assist the Tallahassee authorities with the investigation regarding the murder of Dan Markel?
JONATHAN GROSSMAN: Yes, I did.
MS. CAPPLEMAN: And one thing in particular I want to ask you about is whether you were asked to inspect and photograph a Toyota Prius.
JONATHAN GROSSMAN: Yes, I was.
MS. CAPPLEMAN: All right. And when was that done?
JONATHAN GROSSMAN: The initial time that we saw the vehicle — that I saw the vehicle — was on November 3rd, 2015, and again in October of 2016.
MS. CAPPLEMAN: All right. Tell us about the first time. What was your occasion to view the vehicle the first time?
JONATHAN GROSSMAN: I was asked to locate the vehicle, check the color, look at the vehicle for specific markings, and photograph the car — which is what we do.
MS. CAPPLEMAN: All right. And where did you find the vehicle the first time?
JONATHAN GROSSMAN: The vehicle was actually at A1 Lock and Key.
JONATHAN GROSSMAN: It had been sold and purchased by them and converted to a Triple-A type business.
MS. CAPPLEMAN: All right. And how did you know that the Prius that you found at A1 Lock and Key was the one that you were looking for?
JONATHAN GROSSMAN: Based on the vehicle identification number.
MS. CAPPLEMAN: All right. And that's a number that's unique to each individual vehicle?
JONATHAN GROSSMAN: Yes, ma'am.
MS. CAPPLEMAN: And you were able to make a comparison between the VIN number from the vehicle in our case and the one that you located there in Miami?
JONATHAN GROSSMAN: Correct.
MS. CAPPLEMAN: Was there any evidence when you — let me ask you: this first time that you observed the vehicle, is that when you looked in the floorboard of the passenger side, or was that the second time?
JONATHAN GROSSMAN: That would be the second time.
MS. CAPPLEMAN: Okay. Okay, so the first time you looked at it, what items of note did you make about the vehicle?
JONATHAN GROSSMAN: We noted the car had been painted white. However, we found the true color in various areas of the car. I believe it was under the hood, in the trunk area, and there may have been some green coloring on the driver door of the car.
MS. CAPPLEMAN: All right. And did you search the vehicle for any papers or other items of interest?
JONATHAN GROSSMAN: At that particular moment, because it was a delay — a significant delay — and it had passed through multiple ownership, we weren't looking for anything specific at that time, because we didn't have any of that information at that time.
MS. CAPPLEMAN: At some point were you asked to go back to that vehicle to look for something, some specific piece of evidence?
JONATHAN GROSSMAN: Yes, I was.
MS. CAPPLEMAN: All right. And when was that?
JONATHAN GROSSMAN: October 4th I was requested to go back — and that would be 2016. I'm sorry, yes: October 4, 2016. And on October 11, 2016 is when I actually responded back to A1 Lock and Key and was able to get my hands on the vehicle.
MS. CAPPLEMAN: All right. So the vehicle was in the possession of the same people as it was the first time you found it?
JONATHAN GROSSMAN: Yes, ma'am.
MS. CAPPLEMAN: All right. And what additional inspection did you do to the vehicle on 10-11 of 16?
JONATHAN GROSSMAN: During that time we were asked to look for — I was asked to look for a bullet hole in the passenger floorboard area of the car. There was no real specific location other than the passenger floorboard, and a piece of paper that may have been stuck in the door jamb area of the driver's side.
MS. CAPPLEMAN: And what, if anything, did you locate during that inspection of the vehicle?
JONATHAN GROSSMAN: During that inspection period we located a hole in the floorboard of the passenger compartment, at which time I placed a thin screwdriver through it and ultimately knocked the fuel line off that had been damaged previously.
MS. CAPPLEMAN: So the hole aligned with the fuel line.
JONATHAN GROSSMAN: That's correct.
MS. CAPPLEMAN: All right. And were you able to put the vehicle — raise the vehicle up — so that you could inspect the fuel lines?
JONATHAN GROSSMAN: Yeah. Once the vehicle — we looked at it. Once I found the hole, we went ahead and towed the car to our Miami-Dade Police Department indoor storage facility in Doral, where we later lifted it pursuant to a search warrant and was able to photograph it additionally within our own facility.
MS. CAPPLEMAN: All right, I'm going to show you what I've marked as State's 52 and 52.
MS. CAPPLEMAN: Take a moment to look through each of the exhibits and let me know if you recognize them.
JONATHAN GROSSMAN: Yes, I do.
MS. CAPPLEMAN: How do you recognize those photos?
JONATHAN GROSSMAN: This is the vehicle in question that I had towed into our indoor storage facility.
JONATHAN GROSSMAN: It is in the same condition that I recall it being in, and it also has the dowel rod through the passenger floorboard.
MS. CAPPLEMAN: All right. And these photos were taken during the time that you inspected the vehicle in October of '16?
JONATHAN GROSSMAN: October 21, 2016.
MS. CAPPLEMAN: That is when the photos were taken?
JONATHAN GROSSMAN: Yes, ma'am.
MS. CAPPLEMAN: Judge, at this time I would ask to move into evidence State's 52 to 56.
JUDGE HANKINSON: Any objections?
MR. ZANGENEH: No objection from Mr. Garcia, Judge.
JUDGE HANKINSON: Magbanua?
MR. DECOSTE: No objection.
JONATHAN GROSSMAN: Yes, it is. Right above the barcode, you'll see a number that ends with 756.
JONATHAN GROSSMAN: That would be the unique vehicle identification number.
JONATHAN GROSSMAN: This is an image — what I did was, I had the vehicle raised by a forklift that we have inside our facility, and I placed a crime scene dowel rod through the floorboard of the passenger side to run through the corresponding hole underneath the vehicle. I'm sorry. So at this area right here would be the fuel line, and the dowel rod is inserted from inside and showing that it comes out. And this is just a zoomed-in version of the previous picture. This is a close-up of under the car, and this is the fuel line that should run and connect directly to the other portion of it, which is located where the pointer is.
JONATHAN GROSSMAN: This is the area that was repaired, and it should not be in this condition. It should be in the same material all the way across, without this portion right here.
MS. CAPPLEMAN: Prior to you inserting the screwdriver into the hole the fix was still holding?
JONATHAN GROSSMAN: Correct. Correct.
MS. CAPPLEMAN: No further questions.
JUDGE HANKINSON: Garcia.
MR. ZANGENEH: Detective Grossman, good afternoon.
JONATHAN GROSSMAN: Good afternoon.
MR. ZANGENEH: I'm showing you what's been previously marked as government's exhibit 82. This is the original car rental agreement for the Prius that you were showing pictures of. Is that correct?
JONATHAN GROSSMAN: I'm not sure if I've seen this before today.
MR. ZANGENEH: Judge, may I approach and show him the document?
JUDGE HANKINSON: You may.
MR. ZANGENEH: Go ahead and take a look at it, detective. And when your recollection is refreshed let me know.
JONATHAN GROSSMAN: Yes, I still don't believe I saw this prior to today.
MR. ZANGENEH: Were you asked to track down the target Prius in this case?
JONATHAN GROSSMAN: Yes.
MR. ZANGENEH: Okay. And would it be safe to say that the VIN information originally led you — thank you, Judge — originally led you to Hybrid Auto Car Rental at 11032 Biscayne Boulevard?
JONATHAN GROSSMAN: I don't believe that was one of the locations that I physically went to. There was a list of VINs that we received, and once we found out the VIN in question, we ultimately found that at A1 Lock and Key.
MR. ZANGENEH: And that's where you found it.
JONATHAN GROSSMAN: That's correct.
MR. ZANGENEH: In your investigation, you found out that that's obviously not a silver Prius, right?
JONATHAN GROSSMAN: Correct.
MR. ZANGENEH: That's painted over?
JONATHAN GROSSMAN: Correct.
MR. ZANGENEH: So the vehicle that is the subject of this investigation had been purchased by a third party or another party, correct?
JONATHAN GROSSMAN: Correct.
MR. ZANGENEH: And they've done alterations to it, like painted it, correct?
JONATHAN GROSSMAN: Correct.
MR. ZANGENEH: Now, did you find a toll responder in the center of the vehicle, in the center windshield of that vehicle?
JONATHAN GROSSMAN: I don't recall at this time.
MR. ZANGENEH: Did you find a misplaced—
JONATHAN GROSSMAN: Yeah. — the driver's side mirror, and I believe was black. And there was also a cap on the front bumper as well. I don't have any information that the mirror was replaced.
MR. ZANGENEH: Your side mirrors looked the same?
JONATHAN GROSSMAN: From what I recall, yes.
MR. ZANGENEH: And were you told in this investigation that one of the original front mirrors was different than the other?
JONATHAN GROSSMAN: Yes, I believe that was initially what we heard.
MR. ZANGENEH: But that was fixed in this vehicle, correct? I believe both of the side mirrors in the pictured vehicle are both black, which means that they've been fixed, correct?
JONATHAN GROSSMAN: Again, I can't testify as to what was done to the car. I can testify to when I saw it — both were black.
MR. ZANGENEH: Did you inquire as to what repairs, if any, were made to the subject vehicle that's in government's exhibit 52 to 56?
JONATHAN GROSSMAN: Yes, I believe the manager of A1 Lock and Key advised that one of the side mirrors—
MR. ZANGENEH: Well, I'm sorry — I'm just asking you if you asked. I'm not asking what his response was. I'm sorry, maybe I didn't ask it the right way. But you did inquire, correct?
JONATHAN GROSSMAN: Yes, we did.
MR. ZANGENEH: At any point in your investigation, were you asked to go back to Hybrid Auto Rental Center to make a determination, if any, at any time after June 4th 2014 up until you began your investigation in — you said November of 2015. Is that correct, sir?
JONATHAN GROSSMAN: No, my investigation began in June 2015.
MR. ZANGENEH: In June 2015.
JONATHAN GROSSMAN: That's correct.
MR. ZANGENEH: I apologize. So from any time from the car rental date here of July 2014 till June 2015, did you inquire if Luis Rivera had re-rented the same Prius?
MR. ZANGENEH: And, Detective, you inspected that vehicle twice, correct?
MR. ZANGENEH: Or that you had that vehicle and you did your due diligence on it two separate days?
JONATHAN GROSSMAN: Correct. On two separate occasions. The first one, the car was just photographed.
JONATHAN GROSSMAN: It really wasn't examined thoroughly.
JONATHAN GROSSMAN: Just based on what information was requested by us, it was just photographed.
MR. ZANGENEH: Well, you mentioned on direct examination that the first time you noticed that it was a different color, correct? It was painted over?
JONATHAN GROSSMAN: No. What I stated was, when we saw the vehicle the first time, it was in the same similar condition that you're seeing right now in the State's exhibit.
JONATHAN GROSSMAN: The car had remained that color. What I stated was, when you opened up the trunk, you could see the original green paint, as well as some areas underneath the hood as well.
MR. ZANGENEH: So you did open up the trunk and look under the hood? You did some sort of investigation, right?
JONATHAN GROSSMAN: Correct. We looked — just taking general pictures — and in doing so, we located some green paint.
MR. ZANGENEH: Okay. And during general pictures, did you open the car and look inside?
JONATHAN GROSSMAN: Yes, the car was open.
MR. ZANGENEH: Okay. And the first time you did the inspection, you did see what appears to be a bullet hole, correct?
JONATHAN GROSSMAN: Correct — the first time, we did not notice the bullet hole.
MR. ZANGENEH: Did you measure that hole?
JONATHAN GROSSMAN: I don't believe we did. I believe we used a standard circular dowel rod.
MR. ZANGENEH: No further questions.
JUDGE HANKINSON: Magbanua.
MR. DECOSTE: You've been a detective in Miami-Dade a couple of decades, right?
JONATHAN GROSSMAN: Yes.
MR. DECOSTE: Now, your jurisdiction is Miami-Dade.
JONATHAN GROSSMAN: Correct.
MR. DECOSTE: Miami-Dade — and correct me if I'm wrong — is a completely different municipality than Miami Beach.
JONATHAN GROSSMAN: In a way, yes.
MR. DECOSTE: Well, Miami Beach has its own police force.
JONATHAN GROSSMAN: Correct. We're the Miami-Dade Police Department, but we're the sheriffs of Miami-Dade County, so we have jurisdiction throughout Miami-Dade County.
MR. DECOSTE: Miami Beach has its own mayor, its own county commissioners.
JONATHAN GROSSMAN: Correct.
MR. DECOSTE: And it's also a little bit far away from Miami-Dade as well, too. It's not part of the same town or city.
MR. DECOSTE: It's separated by a body of water, correct?
JONATHAN GROSSMAN: Correct.
MR. DECOSTE: Right. You have to cross over a bridge from downtown Miami to get over to Miami Beach.
JONATHAN GROSSMAN: Yes.
MR. DECOSTE: For instance, if one were to go from, let's say, Biscayne over to Miami Beach, it could be a 10-, 15-, 20-minute drive, depending on time of day, traffic and whatnot.
JONATHAN GROSSMAN: Sure.
MR. DECOSTE: But it's miles away from—
JONATHAN GROSSMAN: From what part of this game?
MR. DECOSTE: This is going to go into question. I'm just trying to clear the misconception that Miami Beach is just a sandy portion of Miami; that Miami Beach is its own town. Miami Beach is a city. Let's turn over to the Prius now.
MR. DECOSTE: At some point you're contacted to go look for this Prius, right?
JONATHAN GROSSMAN: Correct.
MR. DECOSTE: You go out, you find it, you bring it over to the warehouse, right?
JONATHAN GROSSMAN: The vehicle was brought over to the warehouse the second time.
MR. DECOSTE: Okay. So — and correct me if I'm wrong — I've got two separate dates. I have November 3rd of 2015 and October 21st of 2016.
JONATHAN GROSSMAN: That's correct.
MR. DECOSTE: Now, you're a seasoned homicide detective. You know that this is potentially evidence in a homicide case, and you do the investigation, you pull it in, you have it photographed by crime scene, right?
JONATHAN GROSSMAN: Correct.
MR. DECOSTE: And in total — correct me if I'm wrong — is 148 photographs of that Prius?
JONATHAN GROSSMAN: I couldn't tell you.
MR. DECOSTE: You do know that on November 3rd, 2015, your crime scene technician came out and took a whole bunch of photographs, correct? Would you agree with me that it was a lot of photographs?
JONATHAN GROSSMAN: I haven't looked at the CD, so to tell you the number, I couldn't tell you.
MR. DECOSTE: Would it help you to take a look at the photographs, sir?
JONATHAN GROSSMAN: There appears to be 94 images, sir.
MR. DECOSTE: And that's on November 3rd, 2015, correct? What about for October 21st, 2016?
JONATHAN GROSSMAN: Give me just a moment.
JONATHAN GROSSMAN: On that day there were 48 photographs taken. Forty-eight.
MR. DECOSTE: Forty-eight. So for a total of about 150 photographs, correct? And—
JONATHAN GROSSMAN: That's because we don't have a standard number of photos we take. We take the number of photos that we feel necessary. So it could be 300, it could be 50.
MR. DECOSTE: So were you asked to go find a black Lexus? Is there one single photograph that the Miami-Dade Police Department took of a black Lexus that was located in Miami-Dade?
JONATHAN GROSSMAN: I don't— I don't recall if we did.
MR. DECOSTE: One brief moment.
MR. DECOSTE: Nothing further, Your Honor.
JUDGE HANKINSON: Redirect. No, sir.
JUDGE HANKINSON: Any juror have a question?
JUDGE HANKINSON: You mentioned seeing some paint that you believed was from the prior paint job, I believe in the trunk. Here it is, correct? Could you describe what color it appeared to be to you?
JONATHAN GROSSMAN: Yeah, it appeared to be the factory standard Toyota Prius color. That was the initial paint.
JUDGE HANKINSON: What was the color?
JONATHAN GROSSMAN: I'm sorry. I believe it was the green, the light green.
JUDGE HANKINSON: Okay.
JONATHAN GROSSMAN: I forget the exact Toyota color.
JUDGE HANKINSON: Did you have a title for the vehicle you were looking for?
JONATHAN GROSSMAN: We had the VIN number, which is how we located it, belonging to A1 Lock and Key.
JUDGE HANKINSON: And how did you obtain the VIN number?
JONATHAN GROSSMAN: Through the investigation and with investigators in Tallahassee.
JUDGE HANKINSON: And did you match the VIN number you had with the vehicle that was there?
JONATHAN GROSSMAN: Yes, we did.
JUDGE HANKINSON: And it matched the information you had?
JONATHAN GROSSMAN: Yes, it did.
JUDGE HANKINSON: Okay. Any follow-up, Ms. Cappleman?
MS. CAPPLEMAN: Yes, sir.
JUDGE HANKINSON: Any follow-up from Garcia?
MR. ZANGENEH: Nothing from Garcia.
JUDGE HANKINSON: Magbanua.
MR. DECOSTE: No, Your Honor. Thank you.
JUDGE HANKINSON: All right. You can step down. Thank you.
JUDGE HANKINSON: Will you release this witness?
MS. CAPPLEMAN: Yes, sir.
JUDGE HANKINSON: Anybody need him for any reason?
MR. ZANGENEH: No, not for Mr. Garcia.
JUDGE HANKINSON: All right. You're free to go. Thank you for being here.
JONATHAN GROSSMAN: Thank you.