Skip to content
Garcia–Magbanua transcript transcript Keith Leland — Direct/Cross - Day 4 - Garcia–Magbanua Keith Leland, a Creative Preschool employee, testified that on the morning Dan Markel dropped off his children — July 18, 2014, the day Markel was killed — he observed a color-shifting grayish-green or silver car he believed to be a Prius parked directly in front of the school facing Tharp Street. Cross-examination by both defense attorneys drew out the limits of what Leland could see: the rear window was tinted, no occupant ever exited, and he could not see inside the vehicle. Georgia CapplemanChristopher DeCosteSaam ZangenehJames C. HankinsonKeith LelandJudge HankinsonMs. CapplemanKeith LelandMr. ZangenehMr. DeCostedirectcrossjury_question
Garcia–Magbanua / Day 4 / October 2, 2019
8 pages · 8 witnesses · 4,059 lines
Keith Leland, a Creative Preschool employee, testified that on the morning Dan Markel dropped off his children — July 18, 2014, the day Markel was killed — he observed a color-shifting grayish-green or silver car he believed to be a Prius parked directly in front of the school facing Tharp Street. Cross-examination by both defense attorneys drew out the limits of what Leland could see: the rear window was tinted, no occupant ever exited, and he could not see inside the vehicle.
Proceedings
Direct Keith Leland - Direct Line 1
Cross 1 Keith Leland - Cross Line 59
Cross 2 Keith Leland - Cross Line 76
Jury Questions Keith Leland - Juror Questions Line 97
1 1:57:04

JUDGE HANKINSON: Call your next witness.

2 1:57:04

MS. CAPPLEMAN: Keith Leland.

3 1:57:55

MS. CAPPLEMAN: What is your name, sir?

4 1:57:56

KEITH LELAND: My name is Keith Leland.

5 1:57:57

MS. CAPPLEMAN: Will you spell Leland, please?

6 1:57:59

KEITH LELAND: L-E-L-A-N-D.

7 1:58:01

MS. CAPPLEMAN: And Mr. Leland, how are you employed?

8 1:58:03

KEITH LELAND: I am employed at the Creative Preschool.

9 1:58:05

MS. CAPPLEMAN: Here in Tallahassee?

10 1:58:06

KEITH LELAND: Correct.

11 1:58:07

MS. CAPPLEMAN: And is that where you were employed back in July of 2014?

12 1:58:10

KEITH LELAND: Correct.

13 1:58:11

MS. CAPPLEMAN: Is the preschool located out off Tharp Street?

14 1:58:14

KEITH LELAND: 2746 West Tharp Street.

15 1:58:16

MS. CAPPLEMAN: It's actually got a Tharp Street address?

16 1:58:18

KEITH LELAND: Correct.

17 1:58:18

MS. CAPPLEMAN: All right. And Mr. Leland, did you know Dan Markel?

18 1:58:21
19 1:58:22

MS. CAPPLEMAN: How did you know Mr. Markel?

20 1:58:22

KEITH LELAND: Just through interactions with the family in general, because the two children went to our school.

21 1:58:30

MS. CAPPLEMAN: All right. And did Mr. Markel frequently come into the preschool to interact with the children, his children, during the day? And would he do this exclusively on days that he was dropping the children off, or could it have been on days that the mother dropped them off?

22 1:58:45

KEITH LELAND: To my knowledge, on days especially when he dropped them off. And I'm not saying that it couldn't be on other days otherwise.

23 1:58:51

MS. CAPPLEMAN: All right. And are you familiar with the day that Mr. Markel was killed?

24 1:58:55

KEITH LELAND: Correct.

25 1:58:55

MS. CAPPLEMAN: That was on a Friday?

26 1:58:56

KEITH LELAND: Correct.

27 1:58:57

MS. CAPPLEMAN: Did Mr. Markel come into the daycare at all on that Friday?

28 1:59:03

KEITH LELAND: He didn't come directly in the front door. He went through our side door, because we were finishing up breakfast and everybody was outside on what we call the playground. So he entered the building through the side gate and took his children out.

29 1:59:03

MS. CAPPLEMAN: Is that the day of the homicide, or is that the day— Okay. And do you know about what time Mr. Markel arrived that day?

30 1:59:28

KEITH LELAND: As I said, we were finishing up breakfast, so it had to be anywhere from 9:45 to 10:00.

31 1:59:34

MS. CAPPLEMAN: All right. And did you happen to notice his vehicle as it approached, his vehicle?

32 1:59:38

KEITH LELAND: No, ma'am.

33 1:59:39

MS. CAPPLEMAN: Did you notice any other vehicles hanging around, around the time that Mr. Markel was present at the daycare that day?

34 1:59:45

KEITH LELAND: Yes, ma'am.

35 1:59:45

MS. CAPPLEMAN: And tell us about that.

36 1:59:45

KEITH LELAND: Um, us being a school, we take extra measures of security. So whenever any of our staff hear a door open, we just automatically— me myself, since I work out in the office, come out of the office and just look, see who's coming through the door. That happened at some time that morning, and I looked out and I didn't see anybody come in, but I did hear the door open. So that's what made me go out and look. And when I went to the door, I saw like a little car facing towards Tharp Street.

37 2:00:16

MS. CAPPLEMAN: And where was the car?

38 2:00:18

KEITH LELAND: It was parked directly in front of our main building, which we call the big school.

39 2:00:23

MS. CAPPLEMAN: And do you know the make and model of that car?

40 2:00:25

KEITH LELAND: I don't know the model. It was a— it was a Prius, I know that. Well, I wasn't sure, because it kind of flips color when the light hit it. It was like a grayish-green, silver color.

41 2:00:38

MS. CAPPLEMAN: All right. And did the Prius hang out there the whole time that Mr. Markel was in the daycare?

42 2:00:43

KEITH LELAND: I can't say the whole time, but I do know when I went back out there at one point, when the door opened again, it was gone.

43 2:00:43

MS. CAPPLEMAN: Okay. I'm going to show you what I've marked as State's—

44 2:01:03
45 2:01:04

MS. CAPPLEMAN: Are they fair and accurate photographs of the Creative Preschool facing Tharp Street?

46 2:01:08

KEITH LELAND: Correct.

47 2:01:09

MS. CAPPLEMAN: State's Exhibit. Are they both fair and accurate photographs of how the preschool appeared the day that you saw the Prius?

48 2:01:16
49 2:01:20

JUDGE HANKINSON: Any objection?

50 2:01:24

JUDGE HANKINSON: They'll be admitted.

51 2:01:37

KEITH LELAND: You're looking, if you're coming up the front step of the building, at the front door coming through the front gate.

52 2:01:49

KEITH LELAND: That front door right there, but I didn't completely open the door. I just looked through the window, because at the time it was nothing on the window.

53 2:01:58

KEITH LELAND: Yeah, we post our notes, parents' notes and things up there.

54 2:02:03

KEITH LELAND: Yes, ma'am.

55 2:02:18

KEITH LELAND: I can't be 100% sure, but it was either in this parking spot or this one right here.

56 2:02:22

KEITH LELAND: You're looking right now in front of, like I said, facing Tharp Street. And if you look around this side, but you don't have it.

57 2:02:35

KEITH LELAND: It's more parking spaces, and parents can — you can park there and go through our side gate, or if they park here, front gate, they can go through the gate that they wish.

58 2:02:35

MS. CAPPLEMAN: No further questions.

59 2:02:36
60 2:03:06

MR. ZANGENEH: Good afternoon, Mr. Leland.

61 2:03:07

KEITH LELAND: Good afternoon.

62 2:03:12

MR. ZANGENEH: I'm going to show you the re-show of State's Exhibit 51.

63 2:03:18

MR. ZANGENEH: Now, you indicated that there's an area where parents can drop off their children — I believe you said to the right of where this fence is?

64 2:03:25

KEITH LELAND: Well, when I say drop off, I just mean park. It's other parking spaces, but there is another entrance to the school there.

65 2:03:31

MR. ZANGENEH: Okay. So would it be fair to say that there's parking back here for parents, and then directly to the right of where this fence is?

66 2:03:40

KEITH LELAND: Correct. Of course, there's parking across at our other building, because we have two buildings, which we call the other building the infant house. There's parking over there as well.

67 2:03:55

MR. ZANGENEH: —see the occupants of the Prius that day?

68 2:03:58

KEITH LELAND: No, I could not see inside the car, because the back window was tinted, and like I had mentioned earlier, it was facing towards Tharp Street.

69 2:04:04

MR. ZANGENEH: Did any of the occupants get out of the vehicle?

70 2:04:07

KEITH LELAND: Nobody ever got out of the vehicle.

71 2:04:08

MR. ZANGENEH: We're talking— we're talking about July 14th in this instance, correct?

72 2:04:13

KEITH LELAND: Friday — if that was that Friday, correct.

73 2:04:15

MR. ZANGENEH: Do you remember Mr. Markel dropping off his children on June 5th?

74 2:04:22

KEITH LELAND: June 5th? I can't honestly remember.

75 2:04:22

MR. ZANGENEH: No further questions.

76 2:04:23

JUDGE HANKINSON: Magbanua.

77 2:04:32

MR. DECOSTE: Good afternoon.

78 2:04:33

MR. DECOSTE: We're going to kill two birds with one stone here. Since you're here, we're going to ask you a question so we don't have to call you back later.

79 2:04:37

KEITH LELAND: Not a problem.

80 2:04:38

MR. DECOSTE: You talked about the dropping off of the students.

81 2:04:42

KEITH LELAND: Correct.

82 2:04:43

MR. DECOSTE: Later on in the day, they're picked up, right?

83 2:04:45

KEITH LELAND: Right. Well, are you talking about the day in question, or just the general practice of Creative Preschool?

84 2:04:51

MR. DECOSTE: Yes, correct. So in any given school day, which would be during the weekday, the children are dropped off in the morning, and there's a log kept of that, right?

85 2:05:00

KEITH LELAND: Correct.

86 2:05:01

MR. DECOSTE: Both the date, the time, and who it is that dropped the child off?

87 2:05:07

KEITH LELAND: Correct, whether it's one of the parents or if it's another family member or a friend.

88 2:05:12

MR. DECOSTE: Correct. And there's also records of when they leave that day, when they get picked up, right?

89 2:05:16

KEITH LELAND: Correct — when parents do what they're supposed to do, is sign them in and out. We occasionally don't get people to do it all the time, but as a practice, it's done.

90 2:05:25

MR. DECOSTE: And it's something that, given the fact that you're taking care of some of these children, you guys strive to always have — by law?

91 2:05:31

KEITH LELAND: Yes, sir. Always have those records. Always have those, up to a year.

92 2:05:35

MR. DECOSTE: All right. In 2014, that was being done?

93 2:05:37

KEITH LELAND: Of course.

94 2:05:39

MR. DECOSTE: Your Honor, one brief moment.

95 2:05:53

MR. DECOSTE: Nothing further. Thank you, Mr. Leland.

96 2:05:55

KEITH LELAND: Not a problem.

97 2:05:56

JUDGE HANKINSON: Redirect.

98 2:05:56

MS. CAPPLEMAN: No, Your Honor.

99 2:05:57

JUDGE HANKINSON: Any juror have a question of this witness? We'll go to sidebar.

100 2:08:26

JUDGE HANKINSON: There are a couple of follow-ups from the jury, Mr. Leland says...the vehicle, the Prius you saw, wasn't actually on the preschool property, or was it on the street?

101 2:08:26

KEITH LELAND: No, it was on the property, in one of those two parking spots, like I said, but I couldn't be specific on which one.

102 2:08:47

JUDGE HANKINSON: Where did— can you indicate where your property ends? Where would the street be?

103 2:08:52

KEITH LELAND: The street would end right here. That's the end of our driveway, and right here is a drainage ditch going all the way across — the City of Tallahassee drainage ditch.

104 2:09:00

JUDGE HANKINSON: And are you aware of any parents having a similar vehicle to the one you saw?

105 2:09:09

KEITH LELAND: There was only one parent at the time that we were aware of that had a Prius, but it was a totally different color than the one I saw.

106 2:09:18

JUDGE HANKINSON: Did— did the preschool make any report of this event to authorities?

107 2:09:18

KEITH LELAND: Uh, no, ma'am. We— I mean, sir, I'm sorry. We got a call — I took the initial call from the police, and that was about it. And they asked us a few questions, and then nothing until recently.

108 2:09:36

JUDGE HANKINSON: So you pretty quickly received a call from the police, correct? And you reported what you saw, right?

109 2:09:36

KEITH LELAND: Well, they were more or less giving us a little heads-up of what was happening, and they wanted to know if at the time the kids had made it there yet.

110 2:09:36

JUDGE HANKINSON: Any follow-up, Ms. Cappleman?

111 2:10:09

MS. CAPPLEMAN: You're having seen this green Prius, that information wasn't given until much later from the initial time that law enforcement contacted you, isn't that correct? Regarding the car.

112 2:10:21

KEITH LELAND: Yes. Correct.

113 2:10:23

MS. CAPPLEMAN: Okay. So initially law enforcement contacted you around the time of the homicide to discuss procedures at the preschool regarding the children. Is that correct?

114 2:10:32

KEITH LELAND: Well, yeah, there was a call, and I can't remember who it was. They just asked, were the children there yet.

115 2:10:41

KEITH LELAND: Was the children there yet? I had to leave the office because I didn't know myself, and I went out on the deck to where the children were, and I asked Ms. Sandra Pleas, and at the time she told me that the children were there at the time.

116 2:10:54

MS. CAPPLEMAN: Okay. So initially the concern was, where are the children and are they okay?

117 2:10:57

KEITH LELAND: Correct. Correct.

118 2:10:58

MS. CAPPLEMAN: All right. And then at some point law enforcement reached out to you regarding the pick-up and drop-off schedule of the children?

119 2:11:04

KEITH LELAND: Correct. That's what I referred to, I guess.

120 2:11:06

MS. CAPPLEMAN: Okay. But it wasn't until much later, like 2016, that I came out and talked to you about having seen that green Prius.

121 2:11:06

KEITH LELAND: Yes, ma'am.

122 2:11:06

MS. CAPPLEMAN: All right. No further questions.

123 2:11:06

JUDGE HANKINSON: Garcia? Magbanua?

124 2:11:21

JUDGE HANKINSON: All right, you can step down. Do we need to keep this witness any further?

125 2:11:25

JUDGE HANKINSON: Anybody need him?

126 2:11:27

JUDGE HANKINSON: All right, you're free to go. Thanks for being here.

127 2:11:30

JUDGE HANKINSON: Why don't we take 10 minutes and let y'all step out?

128 2:11:34

JUDGE HANKINSON: Either side need anything?

129 2:11:38

JUDGE HANKINSON: All right, we'll take 10 minutes.