3.Keith Leland — Direct/Cross
217 linesJUDGE HANKINSON: Call your next witness.
MS. CAPPLEMAN: Heath Leland.
JUDGE HANKINSON: All right. If you would face the clerk and be sworn, please. Raise your right hand.
whereupon, HEATH LELAND was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE HANKINSON: Have a seat, and slide up to the microphone, please, sir.
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: what is your name, sir?
KEITH LELAND: My name is Keith Leland.
MS. CAPPLEMAN: will you spell Leland, please.
KEITH LELAND: L-E-L-A-N-D.
MS. CAPPLEMAN: And, Mr. Leland, how are you employed?
KEITH LELAND: I am employed at the Creative Preschool.
MS. CAPPLEMAN: Here in Tallahassee?
KEITH LELAND: Correct.
MS. CAPPLEMAN: And is that where you were employed back in July of 2014?
KEITH LELAND: Correct.
MS. CAPPLEMAN: Is the preschool located out of Tharpe Street?
KEITH LELAND: 2746 west Tharpe Street.
MS. CAPPLEMAN: It's actually got a Tharpe Street address?
KEITH LELAND: Correct.
MS. CAPPLEMAN: All right. And, Mr. Leland, did you know Dan Markel?
KEITH LELAND: Yes.
MS. CAPPLEMAN: How did you know Mr. Markel?
KEITH LELAND: Just through interactions with the family in general because they -- the two children went to our school.
MS. CAPPLEMAN: All right. And did Mr. Markel frequently come into the preschool to interact with the children, his children, during the day?
KEITH LELAND: Yes.
MS. CAPPLEMAN: All right. 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?
KEITH LELAND: To my knowledge, on days especially when he dropped them off. But I'm not saying that it couldn't have been other days otherwise.
MS. CAPPLEMAN: All right. And are you familiar with the day that Mr. Markel was killed?
KEITH LELAND: Correct.
MS. CAPPLEMAN: That was on a Friday?
KEITH LELAND: Correct.
MS. CAPPLEMAN: Did Mr. Markel come into the daycare at all on that Friday?
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 on the deck.
MS. CAPPLEMAN: Okay. Is that the day of the homicide, or is that the day --
KEITH LELAND: Day of.
MS. CAPPLEMAN: Is that the day of the homicide?
KEITH LELAND: Day of, yes.
MS. CAPPLEMAN: Okay. And do you know about what time Mr. Markel arrived that day?
KEITH LELAND: As I said, we were finishing up breakfast; so it had to be anywhere from 9:45 to 10:00.
MS. CAPPLEMAN: All right. And did you happen to notice his vehicle as it approached?
KEITH LELAND: His vehicle?
MS. CAPPLEMAN: Uh-huh.
KEITH LELAND: No, ma'am.
MS. CAPPLEMAN: Did you notice any other vehicles hanging around around the time that Mr. Markel was present at the daycare that day?
KEITH LELAND: Yes, ma'am.
MS. CAPPLEMAN: And tell us about that.
KEITH LELAND: 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 in the office, come out of the office and just look to see who is 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 Tharpe Street and --
MS. CAPPLEMAN: Okay. Where was the car?
KEITH LELAND: It was parked directly in front of our main building, which we called the big school.
MS. CAPPLEMAN: And do you know the make and model of that car?
KEITH LELAND: I don't know the -- it was a -- it was a Prius. I know that.
MS. CAPPLEMAN: All right. And do you know the color of the car?
KEITH LELAND: well, I wasn't sure because it kind of flipped color. When the light hit it, it was like a grayish-green, silver color.
MS. CAPPLEMAN: All right. And did the Prius hang out there the whole time that Mr. Markel was in the daycare?
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.
MS. CAPPLEMAN: Okay. I'm going to show you what I have marked as State's 50 and 51. Do you recognize these exhibits?
KEITH LELAND: Of course.
MS. CAPPLEMAN: Look at the next one as well. Do you recognize both of them?
KEITH LELAND: Yes.
MS. CAPPLEMAN: Are they fair and accurate photographs of the Creative Preschool?
KEITH LELAND: Facing Tharpe Street, correct.
MS. CAPPLEMAN: Okay. State's Exhibit -- are they both fair and accurate photographs of how the preschool appeared the day that you saw the Prius?
KEITH LELAND: Yes.
MS. CAPPLEMAN: Judge, at this time, I would ask to introduce state's 50 and 51.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: Not from Mr. Garcia.
MR. DECOSTE: No objection.
JUDGE HANKINSON: It will be admitted.
(State's Exhibit Nos. 50, 51 received in evidence.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. Mr. Leland, so where is this photograph taken?
KEITH LELAND: You are looking -- if you are coming up the front step of the building at the front door coming through the front gate.
MS. CAPPLEMAN: All right. And when you said you poked your head out and observed the Prius, would you have been seeing out of this door that we are looking --
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, there was nothing on the window.
MS. CAPPLEMAN: Okay. So, there's not a whole lot of --
KEITH LELAND: Yeah. We post our notes, various notes and things up there.
MS. CAPPLEMAN: All right. But at the time, you were able to see through the window there?
KEITH LELAND: Yes, ma'am.
MS. CAPPLEMAN: And would your view out of the window have included what's pictured in State's 51?
KEITH LELAND: Correct.
MS. CAPPLEMAN: All right. And could you -- there's a pointer on the ledge to your right there.
KEITH LELAND: Uh-huh.
MS. CAPPLEMAN: Just kind of indicate for the jurors where you observed the green Prius.
KEITH LELAND: I can't be 100 percent sure, but it was either in this parking spot or this one right here.
MS. CAPPLEMAN: All right. And where is the drop-off area for parents to drop kids off?
KEITH LELAND: You are looking right now in front of -- like I said, facing Tharpe Street. And if you look around this side ~where you don't have it pictured, it's more parking spaces, and parents can allow -- you can park there and go through our side gate. Or if they park here, front gate. They can go through any gate that they wish.
MS. CAPPLEMAN: Okay. No further questions.
JUDGE HANKINSON: Cross?
MR. ZANGENEH: Can you give me just one second, Your Honor, please?
CROSS EXAMINATION BY MR. ZANGENEH:
MR. ZANGENEH: Good afternoon, Mr. Leland.
KEITH LELAND: Good afternoon.
MR. ZANGENEH: I'm going to show you or reshow Government's Exhibit 51. Now, you indicated that there is an area where parents can drop off their children, I believe you said to the right of where this fence is?
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.
MR. ZANGENEH: Okay. So, would it be fair to say that there is parking back here for parents and then directly to the right of where this fence is?
KEITH LELAND: Correct.
MR. ZANGENEH: Is there any other parking for parents?
KEITH LELAND: Of course, there is parking across at our other building, because we have two buildings, which we call the other the infant house. There's parking over there as well.
MR. ZANGENEH: were you able to see who were the occupants of the Prius that day?
KEITH LELAND: No, I could not see inside of the car because the back window was tinted. And like I had mentioned earlier, it was facing towards Tharpe Street.
MR. ZANGENEH: Did any of the occupants get out of the vehicle?
KEITH LELAND: Nobody ever got out of the vehicle.
MR. ZANGENEH: we are talking about July 14th in this instance; correct?
KEITH LELAND: Friday. If that was that Friday, correct.
MR. ZANGENEH: Do you remember Mr. Markel dropping off his children on June 5th?
KEITH LELAND: June 5th? I cannot honestly remember.
MR. ZANGENEH: No further questions.
JUDGE HANKINSON: AlIl right. Magbanua.
MR. DECOSTE: Yes, Your Honor. Thank you.
CROSS EXAMINATION BY MR. DECOSTE:
MR. DECOSTE: Mr. Leland, good afternoon.
KEITH LELAND: Good afternoon.
MR. DECOSTE: we're going to kill two birds with one stone here. Since you are here, I am going to ask you questions so we don't have to call you back later.
KEITH LELAND: Not a problem.
MR. DECOSTE: You talked about the dropping off of the students.
KEITH LELAND: correct.
MR. DECOSTE: Later on in the day, they were picked up; right?
KEITH LELAND: Right -- well, are you talking about the day in question or --
MR. DECOSTE: Just the general practice of Creative Preschool.
KEITH LELAND: Yes. Yes, correct.
MR. DECOSTE: So, On any given school day, which would be during the weekday, the children are dropped off in the morning?
KEITH LELAND: Uh-huh.
MR. DECOSTE: And there's a log kept of that; right?
KEITH LELAND: Correct.
MR. DECOSTE: Both the date, the time, and who it is that dropped the child off?
KEITH LELAND: Correct.
MR. DECOSTE: whether it's one of the parents or if it's another family member or a friend?
KEITH LELAND: Correct.
MR. DECOSTE: And there's also records of when they leave that day, when they get picked up; right?
KEITH LELAND: Correct, when parents do what they are supposed to do and sign them in and out. We occasionally don't get people to do it all of the time, but most of the time.
MR. DECOSTE: But as a practice, it's done, and it's something that you, given the fact that you are taking care of somebody's children, you guys strive to always have those --
KEITH LELAND: As required by law, yes, sir.
MR. DECOSTE: -- always have those records?
KEITH LELAND: Always have those records, up to a year.
MR. DECOSTE: All right. And in 2014, that was being done?
KEITH LELAND: Of course.
MR. DECOSTE: Your Honor, one brief moment?
JUDGE HANKINSON: You may.
MR. DECOSTE: Nothing further. Thank you, Mr. Leland.
KEITH LELAND: Not a problem.
JUDGE HANKINSON: Redirect?
MS. CAPPLEMAN: No, Your Honor.
JUDGE HANKINSON: Any juror have a question of this witness? We will go sidebar.
(A Bench Conference was held as follows:)
JUDGE HANKINSON: So the first question: was the Prius actually on their property or on the street?
Either side have an objection?
MR. ZANGENEH: NO.
MR. DECOSTE: No objection.
MS. CAPPLEMAN: No objection.
JUDGE HANKINSON: Do any parents have a similar car?
Anybody object?
MR. DECOSTE: No objection.
MR. ZANGENEH: NO.
MS. CAPPLEMAN: No objection.
JUDGE HANKINSON: Does the preschool keep a record of suspicious cars and/or events?
Either side have an objection?
MR. ZANGENEH: No objection.
MR. DECOSTE: No objection, Judge.
MS. CAPPLEMAN: No objection.
JUDGE HANKINSON: When was this incident reported to the police?
Anybody have an objection?
MS. CAPPLEMAN: No objection.
MR. ZANGENEH: No objection.
MR. DECOSTE: No objection.
JUDGE HANKINSON: It says: "Or to the courts,” but, I mean, I can't imagine how it would be reported to the courts.
The same question: Did you report the unfamiliar car to anyone?
Maybe that's a better question to ask.
MR. ZANGENEH: It's fine.
(The Bench Conference was concluded.)
JUDGE HANKINSON: A couple of follow-ups from the jury, Mr. Leland.
The vehicle, the Prius you saw, was it actually on the preschool property or on the -- on the street?
KEITH LELAND: NO, it was on the property in one of -- like I said, in one of those two parking spots, but I couldn't be specific on which one.
JUDGE HANKINSON: Where -- where on -- can you indicate where your property ends? where would the street be?
KEITH LELAND: The street would end right here (indicating). That's the end of our driveway. And right there is a drainage ditch going all the way across, City of Tallahassee drainage ditch.
JUDGE HANKINSON: Okay. And are you aware of any parents having a similar vehicle to the one you saw?
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.
JUDGE HANKINSON: Did the preschool make any report of this event to the authorities?
KEITH LELAND: 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.
JUDGE HANKINSON: SO, you pretty quickly received a call from the police?
KEITH LELAND: Correct.
JUDGE HANKINSON: And you reported what you saw?
KEITH LELAND: Right -- 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 -- had the kids made it there yet.
JUDGE HANKINSON: Okay. I believe those were the questions that were asked.
Okay. Any follow-up, Ms. Cappleman?
FURTHER EXAMINATION
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Mr. Leland, in reference to your having seen this green Prius, this -- that information wasn't given until -- until much later from the initial time that law enforcement contacted you; isn't that correct?
KEITH LELAND: Regarding the car?
MS. CAPPLEMAN: Yes.
KEITH LELAND: Correct.
MS. CAPPLEMAN: Okay. So, initially law enforcement contacted you around the time of the homicide to discuss procedures of the preschool regarding the children; is that correct?
KEITH LELAND: well, yeah. well, the call -- and I can't remember who it was. They just asked were the children there yet --
MR. ZANGENEH: Objection, Judge.
JUDGE HANKINSON: Overruled. Go ahead.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: You can answer.
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 (phonetic). And at the time, she told me that the children were there at the time.
MS. CAPPLEMAN: Okay. So, initially the concern was where are the children and are they okay?
KEITH LELAND: Right, correct. Correct.
MS. CAPPLEMAN: All right. And then at some point, law enforcement reached out to you regarding the pick-up and drop-off schedule --
KEITH LELAND: Correct.
MS. CAPPLEMAN: -- of the children?
KEITH LELAND: Asked about it and referred to it, yes.
MS. CAPPLEMAN: Okay. And -- but it wasn't until much later, like 2016, that I came out and talked to you about --
KEITH LELAND: Yeah, it was a while.
MS. CAPPLEMAN: -- having seen that green Prius?
KEITH LELAND: Yes, ma'am.
MS. CAPPLEMAN: All right. No further questions.
JUDGE HANKINSON: Garcia?
MR. ZANGENEH: No further questions.
JUDGE HANKINSON: Magbanua?
MR. DECOSTE: No, Your Honor.
JUDGE HANKINSON: All right. You can step down.
Do we need to keep this witness any further?
MS. CAPPLEMAN: No, sir.
JUDGE HANKINSON: Anybody need him?
MR. ZANGENEH: No, Judge.
MR. DECOSTE: No, Your Honor.
JUDGE HANKINSON: All right. You are free to go. Thank you for being here.
why don't we take 10 minutes and let you-all step out?
Either side need anything?
MR. ZANGENEH: No, Your Honor.
MS. CAPPLEMAN: No, sir.
JUDGE HANKINSON: Anybody need anything?
MR. DECOSTE: No, Your Honor.
JUDGE HANKINSON: All right. we will take 10 minutes.
(Break taken.)
JUDGE HANKINSON: Let's have the jury, please.