2.Jonathan Grossman — Direct/Cross
269 linesJUDGE HANKINSON: So not quite as exciting as it looks on Tv, huh? we're working hard, so we appreciate you hanging in here with us.
Come on up here, please, sir. If you would face the clerk and be sworn, please, sir.
COURT CLERK: Raise your right hand.
whereupon, JONATHAN GROSSMAN 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.
JONATHAN GROSSMAN: Thank you.
DIRECT EXAMINATION BY MS. CAPPLEMAN:
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 Investigation 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 in -- 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?
JONATHAN GROSSMAN: The first time I was asked to locate the vehicle, check the color, to look at the vehicle for specific markings, and photograph the car, which is what we did.
MS. CAPPLEMAN: All right. And what -- where did you find the vehicle the first time?
JONATHAN GROSSMAN: The vehicle was actually owned by A-1 Lock & Key. It had been sold and purchased by them and converted to a AAA-type business.
MS. CAPPLEMAN: All right. And how did you know that the Prius that you found at A-1 Lock & 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: Okay. was there any evidence when you -- let me ask you, this first time that you observed the vehicle, is that when you looked on the floorboard of the passenger side, or was that the second time?
JONATHAN GROSSMAN: That would be the second time.
MS. CAPPLEMAN: 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 passenger -- 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 information at that time.
MS. CAPPLEMAN: All right. And 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 --
JUDGE HANKINSON: That would be 2016?
JONATHAN GROSSMAN: Oh, I'm sorry, yes. October 4th, 2016, and October -- on October 11th, 2016, is when I actually responded back to A-1 Lock & Key and was able to get my hands on the vehicle.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. So the vehicle was in the same possession -- 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 of the vehicle on 10/11 of '16?
JONATHAN GROSSMAN: During that time, we were asking to look for -- or 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 doorjamb 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 line?
JONATHAN GROSSMAN: Yeah. Once the vehicle -- we looked at it once I found the hole. We went 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 what I have marked as State's 52 through 56. Take a moment to look through each of the exhibits, and let me know if you recognize them.
JONATHAN GROSSMAN: (witness complies.)
Yes, ma'am.
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. It's in the same condition that I recall it being in, and it also had a dowel rod through the passenger floorboard.
MS. CAPPLEMAN: And these photos were taken during the time that you inspected the vehicle in October of '16?
JONATHAN GROSSMAN: October 21st, 2016.
MS. CAPPLEMAN: That's 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 objection?
MR. DECOSTE: If I can see which ones they are.
MR. ZANGENEH: If I could quickly review, Your Honor?
No objection from Mr. Garcia, Judge.
JUDGE HANKINSON: Magbanua?
MR. DECOSTE: No objection.
JUDGE HANKINSON: It will be admitted.
(State's Exhibit Nos. 52 - 56 received in evidence.)
MS. CAPPLEMAN: Permission to publish?
JUDGE HANKINSON: You may.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Publishing State's 52.
You mentioned this vehicle was identified by its unique VIN number. Is that pictured in State's 53?
JONATHAN GROSSMAN: Yes, it is. Right above the bar code, you will see a number that ends with 756. That will be the unique vehicle identification number.
MS. CAPPLEMAN: All right. State's Exhibit 54, what does this show?
JONATHAN GROSSMAN: This is an image -- what I did was I had the vehicle raised by a forklift that we have inside of our facility, and I placed a crime dowel rod through the floorboard of the passenger side to run through the corresponding hole underneath the vehicle.
MS. CAPPLEMAN: Okay. And what are we able to see in State's 55? There's a pointer on the ledge right in front of you, to your right.
JONATHAN GROSSMAN: Oh, 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.
MS. CAPPLEMAN: All right. And State's Exhibit 56?
JONATHAN GROSSMAN: This is a close-up of under the car, and this is the fuel line that should run and connect directly to another portion of it, which is located where the pointer is. This is the area that was repaired, and it should not be in this condition. It should be in this same material all the way across without this portion right here (indicating).
MS. CAPPLEMAN: But prior to you inserting, I think you said, a screwdriver into the hole, the fix was still holding as far as you know?
JONATHAN GROSSMAN: Correct. Correct.
MS. CAPPLEMAN: No further questions.
JUDGE HANKINSON: Garcia?
MR. ZANGENEH: Yes, Judge.
CROSS EXAMINATION BY MR. ZANGENEH:
MR. ZANGENEH: Detective Grossman, good afternoon.
JONATHAN GROSSMAN: Good afternoon.
MR. ZANGENEH: I'm showing you what has been previously marked as Government's Exhibit 82. This is the original car rental agreement for the Prius that you were shown pictures of; is that correct?
JONATHAN GROSSMAN: I'm not sure if I have seen this before today.
MR. ZANGENEH: Judge, may I approach the --
JUDGE HANKINSON: You may.
MR. ZANGENEH: -- to show him the document?
BY MR. ZANGENEH:
MR. ZANGENEH: Go ahead and take a look at it, Detective. And when your recollection is refreshed, let me know.
JONATHAN GROSSMAN: (witness complies.)
Okay.
MR. ZANGENEH: May I approach, Judge?
JUDGE HANKINSON: You may.
MR. ZANGENEH: Thank you.
BY MR. ZANGENEH:
MR. ZANGENEH: Detective, after looking at the car rental agreement that's been marked by the Government as Government's Exhibit 82, does that refresh your recollection?
JONATHAN GROSSMAN: Yes. I still don't believe I saw this prior to today.
MR. ZANGENEH: That's fair.
JONATHAN GROSSMAN: That, I don't recall.
MR. ZANGENEH: were you asked to track down the target Prius in this case?
MR. ZANGENEH: Okay. And would it be safe to say that the VIN information originally lead you -- thank you, Judge -- originally lead 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 A-1 Lock & Key.
MR. ZANGENEH: That's where you found the car that are -- that are pictured in Government's Exhibit 52 through 56; correct?
JONATHAN GROSSMAN: That's correct.
MR. ZANGENEH: Okay. And during your investigation, you found out that that's obviously not a silver Prius; right?
JONATHAN GROSSMAN: Correct. That's painted over.
MR. ZANGENEH: Correct. 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 had done alterations to it like paint it; correct?
JONATHAN GROSSMAN: Correct.
MR. ZANGENEH: Okay. Now, did you find a toll responder in the center of that vehicle -- in the center windshield of that ~vehicle?
JONATHAN GROSSMAN: I don't recall at this time.
MR. ZANGENEH: Did you find a misplaced or a misshapen driver's side mirror?
JONATHAN GROSSMAN: Yeah. The driver's side mirror, I believe, was black, and there was also a cap on the front bumper as well.
MR. ZANGENEH: So they didn't alter the mirror here? They didn't fix the mirror?
JONATHAN GROSSMAN: I don't have any information that the mirror was replaced.
MR. ZANGENEH: Did the driver's side and the passenger side mirror look the same?
JONATHAN GROSSMAN: From what I recall, yes.
MR. ZANGENEH: Okay. And were you told in this investigation that one of the original front -- 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?
JONATHAN GROSSMAN: I believe both of the side mirrors in the pictured vehicle are both black.
MR. ZANGENEH: Okay. which means that they have 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 the Government's Exhibit 52 to 56?
JONATHAN GROSSMAN: Yes. I believe the manager of A-1 Lock & Key advised that one of the --
MR. ZANGENEH: I'm sorry. I'm just asking you if you asked. I'm not asking what his response was.
JONATHAN GROSSMAN: Okay.
MR. ZANGENEH: I'm sorry. Maybe I didn't ask it the right way. But you did -- you did inquire; correct?
JONATHAN GROSSMAN: Yes, we did.
MR. ZANGENEH: Okay. At any point in your investigation, were you asked to go back to Hybrid Auto Rental Center to make a determination if -- if at any time after June 4th, 2014, up until your -- you began your investigation in, you said, November of 2015; is that correct, sir?
JONATHAN GROSSMAN: No. My investigation began in June of 2015.
MR. ZANGENEH: In June of 2015?
JONATHAN GROSSMAN: That's correct.
MR. ZANGENEH: I apologize. So, from any time -- from the car rental date here of July 2014 until June 2015, did you inquire if Luis Rivera had rerented the same Prius?
MR. ZANGENEH: And, Detective, you inspected that vehicle twice; correct? Or that you had that vehicle and you did your due diligence on it on two separate days?
JONATHAN GROSSMAN: Correct, on two separate occasions. The first one, the car, was just photographed. It really wasn't examined thoroughly. Just based on what information was requested by us, it was just photographed.
MR. ZANGENEH: well, you mentioned on direct examination that is 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 or similar condition that you are seeing right now in the State's exhibit. The car had remained that color. what I stated was when you opened up the trunk, you can 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 for just taking general -- general pictures. And then during -- 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 didn't see the -- 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 the standard circular dowel rod.
MR. ZANGENEH: No further questions, Judge.
JUDGE HANKINSON: Magbanua?
MR. DECOSTE: Yes, Your Honor.
CROSS EXAMINATION BY MR. DECOSTE:
MR. DECOSTE: Detective, I've heard you need to catch a flight. I will make this very brief.
JONATHAN GROSSMAN: It's okay.
MR. DECOSTE: You have been a detective in Miami-Dade a couple of decades; right?
MR. DECOSTE: Now, your jurisdiction is Miami-Dade --
JONATHAN GROSSMAN: Correct.
MR. DECOSTE: -- right?
Miami-Dade, and correct me if I'm wrong, it's a complete 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 are 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. It's separated by a body of water; correct?
JONATHAN GROSSMAN: Correct.
MR. DECOSTE: You have to cross over a bridge from downtown Miami to get over to Miami Beach?
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. Yeah.
MR. DECOSTE: But it's miles away?
JONATHAN GROSSMAN: From what part of Biscayne?
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.
JONATHAN GROSSMAN: Miami Beach is a city, so, yes.
MR. DECOSTE: Let's turn over to the Prius now.
At some point, you are 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 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?
MR. DECOSTE: And in total, correct me if I'm wrong, 148 photographs of that Prius?
JONATHAN GROSSMAN: I couldn't tell you.
MR. DECOSTE: You do know that on November 3rd, 2015, that your crime scene technician came out and took a whole bunch of photographs?
JONATHAN GROSSMAN: Correct, Detective Frederick Van Long (phonetic).
MR. DECOSTE: 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 that number, I couldn't tell you.
MR. DECOSTE: would it help you to take a look at the photographs?
JONATHAN GROSSMAN: Sure.
MR. DECOSTE: Feel free to take a look, and let me know if that helps.
JONATHAN GROSSMAN: (witness complies.)
Okay. All right. There appears to be 94 images, sir.
MR. DECOSTE: And that's on November 3rd, 2015?
JONATHAN GROSSMAN: Correct.
MR. DECOSTE: what about for October 21st, 2016?
JONATHAN GROSSMAN: Give me just a moment.
MR. DECOSTE: Yeah.
JONATHAN GROSSMAN: (witness complies.)
Okay. On that day, there were 48 photographs taken.
MR. DECOSTE: Forty?
MR. DECOSTE: 48. So for a total of about 150 photographs?
JONATHAN GROSSMAN: Correct.
MR. DECOSTE: And that's because this is a piece of evidence in a homicide case; right?
JONATHAN GROSSMAN: 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. So --
MR. DECOSTE: were you asked to go find a black Lexus?
JONATHAN GROSSMAN: I don't recall at this time. No, I don't recall.
MR. DECOSTE: 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 recall if we did, no.
MR. DECOSTE: One moment, Your Honor.
JUDGE HANKINSON: All right.
MR. DECOSTE: Nothing further, Your Honor. Have a safe flight.
JONATHAN GROSSMAN: Thank you.
JUDGE HANKINSON: Redirect?
MS. CAPPLEMAN: No, sir.
JUDGE HANKINSON: Any juror have a question of this witness? All right.
we will go sidebar, please.
(A Bench Conference was held as follows:)
JUDGE HANKINSON: Interest in the car.
First question: How was the VIN number matched to the suspect vehicle? Is there a record to match?
Either side have an objection?
MS. CAPPLEMAN: No, sir, but I think it's going to be another witness. I had to take him out of order because of his flight. we will get there.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: I think that's hearsay, but if she is going to bring it in through another witness -- I don't know if he knows the answer.
MS. CAPPLEMAN: You can ask him if he knows.
MR. ZANGENEH: That's fine.
JUDGE HANKINSON: Do you have an objection?
MR. DECOSTE: I object for the record as to hearsay.
JUDGE HANKINSON: well, whether he matched it with a VIN number I don't think would be hearsay; so I will ask it in that way.
we have a similar question: Did the VIN number on the title, which is Hybrid Rent A Car as owner of the Prius, match the VIN number on the dashboard or engine block on the white car?
So essentially the same question, although, do we have a title from Hybrid Rent A Car?
MS. CAPPLEMAN: No, sir.
JUDGE HANKINSON: I'‘'11 ask him whether he has seen a title, I guess would be -- anybody have an objection to that?
MR. ZANGENEH: NO, Judge.
JUDGE HANKINSON: I think they want to clarify what he was saying. was he saying he saw green paint?
Either side object?
MS. CAPPLEMAN: No objection.
MR. ZANGENEH: No objection.
JUDGE HANKINSON: Any objection?
MR. DECOSTE: That's going to be a little metaphysical, but what's green to him as comparison to us.
JUDGE HANKINSON: I will ask him to describe the color.
(The Bench Conference was concluded.)
JUDGE HANKINSON: You had mentioned seeing some paint that you believed was from the prior paint job, I believe in the trunk area. Is that what you said?
JONATHAN GROSSMAN: Correct.
JUDGE HANKINSON: 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? I'm sorry.
JONATHAN GROSSMAN: TI believe it was the green, the light green. 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 A-1 Lock & 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: Okay. And it matched the information you had?
JONATHAN GROSSMAN: Yes, it did.
JUDGE HANKINSON: Okay. Any follow-up, Ms. Cappleman?
MS. CAPPLEMAN: No, sir.
JUDGE HANKINSON: Any follow-up from Garcia?
MR. ZANGENEH: Give me one second.
Nothing from Mr. Garcia?
JUDGE HANKINSON: Magbanua?
MR. ZANGENEH: No, Your Honor. Thank you.
JUDGE HANKINSON: All right. You can step down.
JONATHAN GROSSMAN: Thank you.
JUDGE HANKINSON: Do we release this witness?
MS. CAPPLEMAN: Yes, sir.
JUDGE HANKINSON: Anybody need him for any reason?
MR. ZANGENEH: No, not from Mr. Garcia, Judge.
JUDGE HANKINSON: All right. You are free to go. Thank you for being here.
JONATHAN GROSSMAN: Thank you.