7.Anthony Clark — Direct/Cross
237 linesJUDGE WHEELER: The State may call one more witness for this morning.
MS. CAPPLEMAN: Yes, sir. The State calls Dr. Anthony Clark.
MR. DECOSTE: To let Your Honor know, it's very unlikely we have any cross on Dr. Clark; so we will be done with the witness.
JUDGE WHEELER: All right. Thank you. I appreciate that.
(Pause. )
JUDGE WHEELER: Good morning, sir.
JOANNE MALTESE: Good morning.
JUDGE WHEELER: Before you have a seat, we are going to swear you in. Please raise your right hand.
whereupon, DR. ANTHONY CLARK was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE WHEELER: Thank you. Please have a seat.
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. Sir, please introduce yourself and spell your name.
ANTHONY CLARK: Dr. Anthony J. Clark, Anthony, A-N-T-H-O-N-Y, J. Clark, C-L-A-R-K.
MS. CAPPLEMAN: All right. And how are you employed, sir?
ANTHONY CLARK: I'm employed by KwWB Pathology Associates as an associate medical examiner for District 2 here in Tallahassee.
MS. CAPPLEMAN: what are your duties as an associate medical examiner?
ANTHONY CLARK: As a medical examiner, I am a board-certified forensic pathologist that performs death investigation by examining the dead person and determining the cause and manner of death.
MS. CAPPLEMAN: All right. And how long have you been doing that type of work?
ANTHONY CLARK: I've been doing that kind of work since 1992.
MS. CAPPLEMAN: All right. And what is the training and education that you have that qualifies you to do that type of work?
ANTHONY CLARK: I obtained my bachelor of science degree from the Massachusetts Institute of Technology. I then did two years of animal research at MIT. I was accepted to the Jefferson Medical College in Philadelphia and received my MD. TI then traveled to New Britain, Connecticut, and did two years of general surgical internship. And then went to the Hartford Hospital in Hartford, Connecticut, and did four years of anatomic and clinical pathology and graduated from that program.
I then traveled down to Atlanta, and I was with the Fulton County Medical Examiner's Office in association with Emory University and did two years of forensic pathology fellowship. I then got my first job at the Georgia Bureau of Investigation, Division of Forensic Science, as the Southwest Regional Medical Examiner located in the Moultrie Crime Lab in Moultrie, Georgia.
Then in 2007 I transferred down to Tallahassee to work for KwB. I am board certified in anatomic and forensic pathology. I have medical licensures in Georgia and Florida.
MS. CAPPLEMAN: Do you know how many autopsies you have performed in your career?
ANTHONY CLARK: It's over 7,500 by now.
MS. CAPPLEMAN: And have you had occasion to testify as an expert witness before?
ANTHONY CLARK: Yes, I have.
MS. CAPPLEMAN: How many times?
ANTHONY CLARK: Several hundred times.
MS. CAPPLEMAN: All right. And is that in courts of law including here in Leon County?
ANTHONY CLARK: Yes, ma'am.
MS. CAPPLEMAN: All right. And are you an expert in pathology?
ANTHONY CLARK: Forensic pathology, yes, ma'am.
MS. CAPPLEMAN: And what is forensic pathology?
ANTHONY CLARK: Forensic pathology is applying the medical findings to the judicial system essentially by examining the dead person and giving -- rendering an opinion as to the cause of death and manner of death.
MS. CAPPLEMAN: All right. And, Judge, at this time I'll tender the witness as an expert in the area of forensic pathology.
JUDGE WHEELER: Any questions?
MR. DECOSTE: No objection with that resume, Your Honor.
JUDGE WHEELER: All right. Thank you. You may proceed.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. Dr. Clark, did you conduct an autopsy of Daniel Markel?
ANTHONY CLARK: Yes, I did.
MS. CAPPLEMAN: when and where was that autopsy conducted?
ANTHONY CLARK: The date was July 19, 2014. we started at 11:55 hours, and at that time we were at the Tallahassee Memorial HealthCare Morgue.
MS. CAPPLEMAN: All right. And do you take photos as part of your autopsy?
ANTHONY CLARK: Yes, ma'am.
MS. CAPPLEMAN: And would a review of those photos assist you in your testimony to the jury?
ANTHONY CLARK: Yes, ma'am.
MS. CAPPLEMAN: Have you previously selected some photos for use in this testimony?
ANTHONY CLARK: Yes, I have.
MS. CAPPLEMAN: All right. Judge, at this time I would ask to introduce State's Exhibits 25 through 34, autopsy photos in this case.
JUDGE WHEELER: Any objection?
MR. DECOSTE: If we can go sidebar, Your Honor.
JUDGE WHEELER: ATI right.
(Sidebar conference as follows:)
MR. DECOSTE: Judge, my understanding is that we had reserved -- we had reserved on this; so we haven't reviewed these. So I thought it best if Your Honor would allow us to review them now.
JUDGE WHEELER: Yes, why don't you take a look.
(Pause. )
MR. DECOSTE: The only argument that I would make is that there is the potential that they are cumulative. I understand they are different angles of the same injury. If the government has a basis to ask questions to show -- I mean, one of them is coming -- and I get confused on posterior and anterior.
JUDGE WHEELER: All right. I took a look at them as you were looking through them, and I don't find that they are cumulative; so I will allow them. They will be admissible.
MR. DECOSTE: Thank you.
(Sidebar conference concluded.)
JUDGE WHEELER: All right. We are back on the record, and so State's Exhibits 25 through 34 will be admitted.
(State's Exhibits 25 through 34 received in evidence.)
MS. CAPPLEMAN: Permission to publish?
JUDGE WHEELER: You may.
MS. CAPPLEMAN: And, Judge, I've, for ease of publication, loaded these into a PowerPoint. Is that acceptable to Your Honor if I publish them in that fashion?
JUDGE WHEELER: They are just the same pictures just in a different format?
MS. CAPPLEMAN: Yes, Sir.
JUDGE WHEELER: There is no other words or anything written on it, correct?
MS. CAPPLEMAN: The only words written on it are the exhibit numbers to correspond with the exhibits.
JUDGE WHEELER: All right. I'll allow that. And just for everyone's information, both with the jury and in the courtroom, these are autopsy photographs.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Let's start with State's Exhibit 25, please.
ANTHONY CLARK: This is what we call the photo -- identification photo. when we do an autopsy on anybody, we will clean up their faces, if they have anything covering them, and take an ID shot. You see the case number below the chin, the date, and my name or initials underneath that.
Already in this picture you can see that there's been quite a bit of damage to the face. You have black eyes, bruises around both eyes. There's two obvious gunshot wounds: One between the eyes, what we call on the glabella, and the other on the left cheek area. So you can really see there is quite a bit of damage here.
MS. CAPPLEMAN: All right. And correction for the record. That was State's Exhibit 27 that was being published. If we could move on to 28, please.
ANTHONY CLARK: State's Exhibit 28 is showing what I determined as gunshot wound number one in the autopsy report. Now, it is number one, but it is not the first shot, okay, in this instance. But this is a gunshot wound entry here. It's slightly atypical. It's got a large abrasion associated with it, and scattered around, you see a large number of large, coarse abrasions. This is called -- I called it pseudo-stippling in the autopsy report.
I believe this is actually from glass breaking and fragments of glass hitting the face as the bullet went through the glass. And you can see that that coarse glass stippling is on the left cheek, left side of the face, goes onto the left ear -- actually onto the left upper part of the neck.
MS. CAPPLEMAN: And what you're referencing as the stippling -- is that these red marks that we see on the ear and cheek?
ANTHONY CLARK: That's correct.
MS. CAPPLEMAN: I'll give you this.
ANTHONY CLARK: Is it all right for me to stand up?
JUDGE WHEELER: Sure.
ANTHONY CLARK: Thank you.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. So if you'll use the pointer and show us which is what you're calling gunshot wound one.
ANTHONY CLARK: Gunshot wound one is right here. You can see the large abrasion there, and then around the gunshot wound are these coarse areas I'll call glass stippling. And it goes onto the left ear and onto the upper part of the neck here. The blue discoloration is basically a bruise. The zygoma bone right here -- zygomatic bone here is the cheekbone, and that's been fractured; so there is some bleeding underneath here.
MS. CAPPLEMAN: All right. And then you kind of went over quickly the -- you were calling it gunshot wound one, but we don't necessarily think it's the first gunshot wound to be inflicted. Can you explain why it's labeled as gunshot wound one?
ANTHONY CLARK: Actually, gunshot wound number one is the one between the eyes. This is gunshot wound number two.
MS. CAPPLEMAN: All right. And when you say that, does that mean that's your theory as to when they were inflicted, or that's how you labeled them for purposes of your report?
ANTHONY CLARK: That is the way I labeled them for purposes of my report. I start off with the one in between the eyes as one, and then the other one as two. Actually, with the circumstances of the scene investigation, I felt that this probably was the first one on the cheek because of the glass stippling around the wound itself.
MS. CAPPLEMAN: we will get to that a little bit more later, but I just want them to understand first, like, how you labeled them. You start from the top of the head and go to the tip of the toes, right?
ANTHONY CLARK: That's correct.
MS. CAPPLEMAN: So when we go slice by slice through the human body from the top of the head, the first one we get to is that “between the eyes” one. That got labeled one?
ANTHONY CLARK: That's correct.
MS. CAPPLEMAN: All right. So we are looking at two different gunshot wounds in this image?
ANTHONY CLARK: That's correct. The gunshot wound that is labeled number one is right here between the eyes. The reason it is so big and ragged was that there was an intermediate target; probably a pair of glasses that were sitting on his nose. The bullet actually hit those glasses, broke the glasses into multiple fragments, which caused this entry wound to be what we call atypical. It just isn't a round, little hole. There's been some extensive laceration associated with that gunshot wound entry from the intermediate target of the eyeglasses.
MS. CAPPLEMAN: And which one or are both of these shots fatal?
ANTHONY CLARK: The gunshot wound number two here to the cheek actually just goes through the soft tissues of the face right here, and really it doesn't even enter the mouth. It just hits the zygoma and it hits the mandible and fractures both. But this would have been a painful but survivable injury if it was by itself.
MS. CAPPLEMAN: All right. If we can go on to the next slide, please. It will be State's Exhibit 29. what do we see here?
ANTHONY CLARK: This is showing the left side of the neck, and you can see the coarse stippling here, the glass stippling. And you see can see it on the ear here also.
MS. CAPPLEMAN: All right. The next slide is State's Exhibit 30.
ANTHONY CLARK: State's Exhibit 30 is showing the forehead. And what I'm trying to show here is that there is a different kind of stippling here on the central portion of the forehead. This is the gunshot wound entry right here. Right here is where the actual bullet went through. This gaping laceration associated with the gunshot wound is due to the eyeglasses, intermediate target, and in the forehead here, you see some very fine stippling. This is what I call true stippling or gunpowder stippling.
You have burned and unburned particles of gunpowder coming out the end of a gun. And they are all fairly homogeneous in size, and they cause very small abrasions when they strike the skin. They don't burn the skin, but they abrade it.
So what we're seeing here is that you have some true gunpowder stippling on the forehead, and this is associated -- we usually see this with handguns within a range of 18 to 24 inches of the muzzle from the skin's surface.
MS. CAPPLEMAN: All right. So this was a close-contact wound?
ANTHONY CLARK: It would be called an intermediate-range wound.
MS. CAPPLEMAN: And when you say "homogeneous" referring to the stippling from the gunpowder, does that mean it appears to be all the same pattern?
ANTHONY CLARK: Same size.
MS. CAPPLEMAN: Same size, okay. AS opposed to the stippling from the broken glass, which is going to be various sizes, correct?
ANTHONY CLARK: That's correct. And if you look at the nose here, you can see that there are larger stipple marks. You can actually see larger stipple marks here, here, and above the left eyebrow, and on the cheek, and these are coarse. And, again, there is some kind of intermediate target, most likely, in this case, the glasses -- the glasses and the window glass.
MS. CAPPLEMAN: All right. Next slide, please. State's Exhibit 31?
ANTHONY CLARK: This is another angle of that gunshot wound number one as labeled in the autopsy report. You can see how irregular and extensive it is. You can see the coarse stippling on the nose, on the cheek, and just above the left eyebrow. You really can't see the fine stippling on the central forehead from this picture, and then you see the large bruising around the left eye. This kind of bruising is usually associated with what we call base-of-the-skull fracture or basilar skull fracture.
MS. CAPPLEMAN: All right. So the bruising we are observing is related to the gunshot injuries?
ANTHONY CLARK: That's correct.
MS. CAPPLEMAN: Next slide, please. State's 32?
ANTHONY CLARK: State's 32 is showing the left forearm on the outside. The elbow is over here. The hand is going over here, and what we are seeing here again is stippling. If you look at the stippling again, it is fairly large, irregular. Again, I believe this is from an intermediate target, most likely the glass window.
And then if you look over here, you see this reverse-shaped black material. That's actually soot, and that soot pattern -- it is suggested that that -- that the muzzle of the gun or most likely a cylinder gap in a revolver were close to this area at the time that that soot was deposited.
MS. CAPPLEMAN: And based on the evidence that you observed, can you explain for the jury how you think these two gunshot wounds occurred and in what order?
ANTHONY CLARK: So gunshot wound number one is actually to the left cheek area because of the coarse glass stippling that I saw there. From the scene investigation, the glass window was up. The bullet did go through glass, causing it to shatter and spray large glass particles at the decedent. So I felt that gunshot wound number one was most likely the first gunshot wound.
And then number two is the window is gone now. The only other intermediate target would be the glasses. But now we've got defined stippling from gun powder striking the forehead; so this gives me an intermediate target -- I mean, the intermediate range that I described before.
MS. CAPPLEMAN: Can you describe what you think the position of the victim was to get the soot on the arm?
ANTHONY CLARK: At some point in time, the left arm was up in this position this way to get the glass on the outside and then the soot on here also. Reflexively, if somebody is coming at you with a gun or a knife, is to put your forearm up to protect yourself. So I believe at some point in time, his arm was up. The soot deposition most likely came from the gunshot wound number two -- what would be in sequence number two to the glabella area or central forehead.
MS. CAPPLEMAN: All right. So could this be consistent with the first shot being inflicted to the cheek sort of from the side, and then the victim turning to look and simultaneously raising his arm and being shot then through the void in the glass caused by the first shot?
ANTHONY CLARK: That is correct, but you're going to the left.
MS. CAPPLEMAN: I know. Sorry. I was going toward the jury -- but, yes, got you. All right. I'm going to approach and show you some additional exhibits. If we can go back to the overhead. All right. Those are in evidence. Let me show you 125 and 126. Do you recognize these two?
ANTHONY CLARK: Yes, ma'am.
MS. CAPPLEMAN: How do you recognize those exhibits?
ANTHONY CLARK: This is Exhibit --
MS. CAPPLEMAN: 125?
ANTHONY CLARK: -- 125. This contains a brown envelope that was sealed by me and contains the bullet I recovered from gunshot wound number two from the left side of the head.
MS. CAPPLEMAN: And what about 126?
ANTHONY CLARK: And 126 has that same similar brown envelope with the evidence tape sealed, my label. And this is the bullet from gunshot wound number one to the right brain.
MS. CAPPLEMAN: Are these exhibits in substantially the same condition as when you collected the items from the body of Mr. Markel?
ANTHONY CLARK: Yes, ma'am, except for being out of the envelope themselves.
MS. CAPPLEMAN: All right. Judge, at this time I would ask to introduce into evidence State's 125 and 126.
JUDGE WHEELER: Any objection?
MR. DECOSTE: No, Your Honor.
JUDGE WHEELER: Be admitted as 125 and 126.
(State's Exhibits 125 and 126 received in evidence.)
MS. CAPPLEMAN: May I publish?
JUDGE WHEELER: You may.
MS. CAPPLEMAN: All right. Publishing State's 25 and 26. These are admitted, right?
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Start with State's 25. what are we looking at in this image document?
ANTHONY CLARK: This is an X-ray of the head. Now, the decedent did make it to the hospital and had received some care, and he did have a CT scan of the head. As part of the CT scan, they actually do plain X-rays to get their imaging correct. And if you look at the scan here, this is actually the top of the head here. This is his right side. This is his left side.
And what you see here inside the skull is a mushroomed, white bullet that's inside the skull. Okay. Anything metal is going to come out white on the X-ray, and you can see the bone is also somewhat white. And over here we have a barrel-shaped bullet in the left soft tissues of the left side of the mandible.
MS. CAPPLEMAN: All right. State's Exhibit 26?
ANTHONY CLARK: Now, the first one was called an AP from front to back -- anterior to posterior, front to back. This is a lateral showing the side, and this gives us an idea of the two dimensions here. Here is that mushroom bullet here. You can see that it is inside the skull towards the back. And then we have that barrel-shaped one here on the left side of the jaw.
MS. CAPPLEMAN: All right. State's Exhibit 33?
ANTHONY CLARK: State's Exhibit 33 is -- I'm documenting the envelope that I'm putting the bullet into that I recovered from the left jaw. And I like to document what the bullet looked like in case, for some reason, it got lost or something like that, at least we have a picture of it.
MS. CAPPLEMAN: State's Exhibit 34?
ANTHONY CLARK: And this is the gunshot wound number one bullet from the right side of the brain, and this is -- if you flipped it up, you could tell it had been mushroomed. It was similar to the one from the X-ray.
MS. CAPPLEMAN: State's Exhibit 125?
ANTHONY CLARK: So this is that barrel-shaped bullet that I recovered, and this is from the left side of the jaw.
MS. CAPPLEMAN: State's Exhibit 126?
ANTHONY CLARK: This is that mushroom-shaped bullet that I recovered from the right brain, and there's also a small lead fragment associated with it.
MS. CAPPLEMAN: All right. Can you tell us anything about how far away the muzzle of the gun was from Mr. Markel's head when the shots were fired?
ANTHONY CLARK: Again, with the stippling to gunshot wound number one as designated in the autopsy report, I felt this was an intermediate. That would put it out to 18 to 24 inches. The only way you could really tell is if you had the same gun, same ammunition, and did some test-firing to see how far out you had to be to get the same stipple pattern.
MS. CAPPLEMAN: Is toxicology routinely done on the autopsies -- folks that you conduct autopsies on?
ANTHONY CLARK: Yes, ma'am.
MS. CAPPLEMAN: And did Mr. Markel have toxicology done on him?
ANTHONY CLARK: Yes, ma'am.
MS. CAPPLEMAN: what was the result of his toxicology?
ANTHONY CLARK: It was negative.
MS. CAPPLEMAN: what was Mr. Markel's cause of death?
ANTHONY CLARK: Cause of death, as written on the autopsy report and death certificate, are gunshot wounds of the face and head.
MS. CAPPLEMAN: And what about the manner of death?
ANTHONY CLARK: In this case it would be a homicide.
MS. CAPPLEMAN: Thank you. Nothing further.
JUDGE WHEELER: Cross-examination?
MR. DECOSTE: Your Honor, I am going to have a little bit of a cross. TI don't know if you are going to want to do it after lunch. It shouldn't be long.
JUDGE WHEELER: No, you can do it now. we will go forward.
MR. DECOSTE: If I could have one moment to grab some exhibits here.
JUDGE WHEELER: Sure.
CROSS- EXAMINATION BY MR. DECOSTE:
MR. DECOSTE: I'll be with you in one minute, Doctor.
ANTHONY CLARK: Okay.
MR. DECOSTE: Doctor, I'm showing you State's 7. Is it your understanding -- or are you aware that this is Mr. Markel's vehicle inside of the garage where he was shot?
ANTHONY CLARK: Yes, sir.
MR. DECOSTE: Is it also your understanding that this is the vehicle that he was shot in? He was inside of this driver's side on the left right here?
ANTHONY CLARK: That's correct.
MR. DECOSTE: All right. Now, the topic that I want to go over real quick with the jury -- and I'm going to go fast because we are so close to lunch. Exhibit Number 24, we talked about stippling. Now, again, stippling is that there is particles that are coming out of the gun when it's fired.
MR. DECOSTE: Your Honor, if I may use a chair to act it out a little bit?
JUDGE WHEELER: Sure.
BY MR. DECOSTE:
MR. DECOSTE: That these bruises and these marks are from particles that are coming out of the gun or things that the projectile hits that then hit the skin, right?
ANTHONY CLARK: Right. You have an intermediate target. You have your glass stippling, and then you have your gunpowder stippling.
MR. DECOSTE: So the thought is -- and feel free to move me around. Your thought is, based on this, that Professor Markel, when he was shot -- and, again, the door is right here on the left side -- that he raised his arm?
ANTHONY CLARK: Yes, sir. Now, I don't know -- his arm was raised to get the glass stippling. That's what we see here on the forearm, okay. And the soot came with the second shot because the glass is going to block any kind of soot or heat from going through. The only thing that is going to go through is the bullet and broken glass. You are not going to see gunpowder stippling from that type of shot. So that glass stippling is more likely from the first shot, and the soot is probably from the second -- most likely from the second shot.
MR. DECOSTE: Now, based on your expert opinion as a doctor and also your lay opinion as an automobile driver -- I assume you drive an automobile?
ANTHONY CLARK: Yes, sir.
MR. DECOSTE: Is your thought that if his arm is down on the door, on that armrest, that he's not going to get those injuries?
ANTHONY CLARK: If it is down on the armrest, no, he would not get those injuries.
MR. DECOSTE: So it's consistent with the fact that he raised it in some fashion?
ANTHONY CLARK: He had it raised in some fashion. Now, is he talking on the phone? TI don't know. was he holding something? I don't know. Did he raise his arm in defensive -- I'm not sure.
MR. DECOSTE: The next thing I want to talk to you about briefly is trajectory with respect to the intermediary targets that you talked about. Now, Professor Markel -- he was shot between the eyes and in the cheek, correct?
ANTHONY CLARK: That's correct.
MR. DECOSTE: There was a trajectory of the wounds. It entered in, and it went up or down in a certain fashion, right?
ANTHONY CLARK: That's correct. But, remember, all my trajectories are based on the decedent placed in what we call the anatomic position. He is lying flat on his back with his palms facing forward and his head in a neutral position. So all those trajectories you are talking about are with him in that position.
MR. DECOSTE: with respect to trajectory, if Professor Markel is sitting there and he raises his arm and ducks his head, would that affect the trajectory of the wound going inside of his head?
ANTHONY CLARK: No. That would depend where the muzzle of the gun is in relationship to it. It's going -- the bullet is going from front to back, very slightly left to right and very slightly up.
MR. DECOSTE: If we are talking about -- and what I want to focus on here is the up and down. Correct me if I'm wrong, that the -- in your report, the entryway went down a little bit, correct?
ANTHONY CLARK: which one?
MR. DECOSTE: Either. well, if you could explain to the jury the trajectory.
ANTHONY CLARK: Okay. Gunshot wound number one, as I described here in the forehead, is going from front to back, slightly left to right -- from his left to his right, okay, front to back, slightly left to right, and slightly up, so that the bullet is entering about here and is winding up in the back right side of the brain.
MR. DECOSTE: And is that what we see in Exhibit 26?
ANTHONY CLARK: Right. You can see the skull and where the bullet is. You can't really see the brain in these X-rays.
MR. DECOSTE: So what you are saying is that the bullet went from approximately here and went up into the back of his head?
ANTHONY CLARK: Slightly up, yes, sir.
MR. DECOSTE: Now, the reason why it went up -- it could have been for any reason, correct?
ANTHONY CLARK: Correct. And I'm saying that -- this is a standard anatomic position. His head is in a neutral position.
MR. DECOSTE: It's not tilted like it could have been inside of the vehicle?
ANTHONY CLARK: Correct. I don't know whether his head was tilted back a little bit or even tilted down a little bit, depending on where the muzzle of the gun is.
MR. DECOSTE: And, of course, you can't factor for the level of deflection off of the intermediary target like his glasses or the glass on the door?
ANTHONY CLARK: That's -- well, the second one would be the intermediate target of the eyeglasses, and also striking bone can deviate the course a little bit.
MR. DECOSTE: If I could have one brief moment?
JUDGE WHEELER: Sure.
MR. DECOSTE: I think I may be done. I am done. Thank you, Your Honor.
JUDGE WHEELER: Redirect?
MS. CAPPLEMAN: No, Your Honor.
JUDGE WHEELER: we can release the doctor?
MS. CAPPLEMAN: Yes, Sir.
JUDGE WHEELER: Thank you, Doctor.
ANTHONY CLARK: Thank you.
JUDGE WHEELER: Have a good day.
ANTHONY CLARK: You too.
JUDGE WHEELER: All right. Now is a good time for us to take our lunch break. It is almost 12:30; so I will give you until 1:30. And so you're going to be outside the building. You also have a place here inside where you can get something to eat in the courthouse, or if you brought something, that's perfectly fine.
I forgot to mention yesterday, if you run into anyone here in the courtroom -- the attorneys, myself -- because we all might use the same elevators and that type of thing -- we are going to completely ignore you. And I don't want you to be offended by that. It's the appropriate thing to do, okay. And we don't want even the appearance of any impropriety. So please don't be offended by that if we do run into you at any time during our movements around the courtroom, okay -- or the courthouse.
So, again, no discussions with any friends or family members. No looking up on social media or any news reports. And if you could please report back at 1:30, and then we will start back with the testimony at that time. Okay. The deputy will escort you out. You can just leave your pads and pens right on your chairs because the courtroom will be secure.
(Jury exits the courtroom.)
JUDGE WHEELER: All right. The jury is out of the courtroom. The door is closed. Please be seated.
And so for planning purposes, I see at this point, Ms. Cappleman, you have two witnesses for this afternoon; is that correct?
MS. CAPPLEMAN: Yes, Your Honor.
JUDGE WHEELER: And we discussed the transport order yesterday. And I haven't seen that at this point; so I just wanted to make sure I didn't miss it.
MS. KAWASS: No. I am going to be sending it to you, Your Honor. TI also wanted to let Your Honor know the other part of the legal team is actually here; so I didn't want you to wonder who was sitting at counsel desk. But my legal department from my law firm, my partner Ms. Kawass, also is going to be joining us; so I just wanted to give you the heads-up.
JUDGE WHEELER: That's fine. All right. I appreciate that. Okay. And so anything else before we break? we will be back at 1:30, and we will continue with the testimony at that time. Okay. we will be in recess until 1:30.
(Court is in recess.)
JUDGE WHEELER: All right. Anything that we need to address before we bring the jury in, Ms. Cappleman?
MS. CAPPLEMAN: No, Your Honor.
JUDGE WHEELER: And Mr. DeCoste?
MR. DECOSTE: No, Your Honor. Just to introduce you to the other Ms. Kawass, who is now present.
JUDGE WHEELER: All right. Hello.
MS. KAWASS: Good afternoon, Your Honor.
JUDGE WHEELER: I'm glad you told, me because it looks like I'm seeing double over there.
MS. KAWASS: Yes. We get that a lot, Judge.
JUDGE WHEELER: Let's bring the jury in, please.
(Jury enters the courtroom.)