8.Brock Dietz — Direct/Cross
98 linesJUDGE WHEELER: All right. Please be seated. Thank you for everybody's promptness, and we are ready to continue with the testimony.
And, Ms. Cappleman, the State may call its next witness.
MS. CAPPLEMAN: The State calls Brock Dietz.
JUDGE WHEELER: Brock Dietz, please.
(Pause. )
JUDGE WHEELER: Good afternoon.
ANTHONY CLARK: Good afternoon. Thank you.
JUDGE WHEELER: Before you have a seat, we're going to swear you in. If you could please raise your right hand and respond to the clerk.
whereupon, BROCK DIETZ 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: Sir, please introduce yourself and spell your name.
BROCK DIETZ: Good afternoon. My name is Brock Dietz. First name B-R-O-C-K. Last name Dietz, D-I-E-T-Z.
MS. CAPPLEMAN: How are you employed, sir?
BROCK DIETZ: I'm currently a law enforcement detective with the State of Florida's Bureau of Fire, Arson, and Investigations.
MS. CAPPLEMAN: How long have you been doing that?
BROCK DIETZ: Twenty-eight years.
MS. CAPPLEMAN: All right. what about in 2014? what were your duties there?
BROCK DIETZ: I was still in arson investigations, but I also have other duties, which include forensic video analysis.
MS. CAPPLEMAN: what training and education do you have in the area of forensic video analysis?
BROCK DIETZ: I have been performing forensic video analysis since 2002. For the past 20 years, I've analyzed over 830 different video and audio submissions. The training that I've had has occurred from not only public agencies such as the FBI and Virginia State Police, but it also comes from private institutions and also forensic organizations. I've been to 15 different classes as either a student or a lecturer involving video analysis, and, again, I've done over 830 different submissions.
MS. CAPPLEMAN: All right. And were you asked to analyze or clarify some videos in reference to the State of Florida v. Katherine Magbanua?
BROCK DIETZ: Yes, I was.
MS. CAPPLEMAN: All right. And does that include bus video?
BROCK DIETZ: Excuse me?
MS. CAPPLEMAN: Bus video?
BROCK DIETZ: Correct.
MS. CAPPLEMAN: ATM video or ATM stills?
BROCK DIETZ: Correct, the stills.
MS. CAPPLEMAN: Still images. And Premier gym surveillance video?
BROCK DIETZ: That is correct.
MS. CAPPLEMAN: All right. I'm going to start with Premier gym. Judge, at this time I would ask to introduce into evidence State's 117. That is the raw data from Premier gym pursuant to stipulation.
JUDGE WHEELER: All right. For the record, any objection?
MR. DECOSTE: No, Your Honor, no objection.
JUDGE WHEELER: All right. So 117, the Premier raw data will be admitted as State's 117.
(State's Exhibit 117 received in evidence.)
MS. CAPPLEMAN: Thank you, Judge.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: So you were provided with all the images from the Premier gym around the time in question, right?
BROCK DIETZ: That is correct.
MS. CAPPLEMAN: And they had a bunch of different cameras mounted at the time at that facility?
BROCK DIETZ: Correct; exterior cameras and interior cameras.
MS. CAPPLEMAN: And did you create for -- well, just tell the jury what you created out of the raw data that you were provided in State's 117.
BROCK DIETZ: when I was presented the evidence or the video, I was asked by the State -- and at that time they had identified the victim's vehicle, the victim himself, and the suspects’ vehicle. And I was asked by the State to highlight those images -- or when those vehicles and the victim and the suspects’ vehicle -- when they came in the frame of view, to highlight them so that it would be easier for the Judge and jury to be able to take a look at it.
MS. CAPPLEMAN: All right. And, Judge, at this time I would ask to introduce the clips provided by the witness as State's Exhibit 89.
JUDGE WHEELER: Any objection from the Defense?
MR. DECOSTE: No, Your Honor.
JUDGE WHEELER: It will be admitted as State's Exhibit 89.
(State's Exhibit 89 received in evidence.)
MS. CAPPLEMAN: Permission to publish that exhibit?
JUDGE WHEELER: Yes.
MS. CAPPLEMAN: Actually, strike that. We are going to publish it, just not right this second. Let's move on.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. I want to talk about the ATM video. what did you do in reference to the raw data that was provided to you in reference to the ATM images in this case?
BROCK DIETZ: Simply made still images from them.
MS. CAPPLEMAN: I'm going to approach and show you State's 37 through 43. Just take a moment to look through those.
Are these fair and accurate images of what you retrieved off the ATM raw data?
BROCK DIETZ: Yes, ma'am.
MS. CAPPLEMAN: All right. And where was the ATM located that you were looking at, if you know?
BROCK DIETZ: I'm not familiar with it. It was just --
MS. CAPPLEMAN: Provided to you by law enforcement?
BROCK DIETZ: Yes, ma'am.
MS. CAPPLEMAN: Judge, at this time I'd ask to move into evidence 37 through 43.
JUDGE WHEELER: Any objection?
MR. DECOSTE: No, Your Honor.
JUDGE WHEELER: Be admitted as State's Exhibits 37 through 43.
(State's Exhibits 37 through 43 received in evidence.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. And then also I wanted to show you State's 4, which -- let me ask you first, before I show you State's 4, were you provided with some raw data from the StarMetro bus company here in Tallahassee?
BROCK DIETZ: Yes, I was.
MS. CAPPLEMAN: And did you analyze that data looking for -- to isolate some images in particular?
BROCK DIETZ: Correct. I was able to isolate the victim's vehicle as well as the suspect vehicle.
MS. CAPPLEMAN: All right. And that was from cameras mounted on the outside of city buses?
BROCK DIETZ: Yes. That's correct.
MS. CAPPLEMAN: And, Judge, at this time I would ask to introduce, pursuant to stipulation, State's 118, which is a thumb drive containing the raw bus surveillance data.
JUDGE WHEELER: All right. Any objection?
MR. DECOSTE: No objection.
JUDGE WHEELER: Be admitted pursuant to stipulation, State's Exhibit 118.
(State's Exhibit 118 received in evidence.)
MS. CAPPLEMAN: All right. And then at this time, Judge, I would also like to introduce State's 90, which is the exhibit prepared by this witness containing the clips of the bus data.
JUDGE WHEELER: Any objection?
MR. DECOSTE: No objection.
JUDGE WHEELER: Be admitted as State's Exhibit 90.
(State's Exhibit 90 received in evidence.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. Now I'm going to show you State's 4 and just ask you if you recognize that as one of the images that came off of the raw bus data that we were just talking about.
BROCK DIETZ: I do.
MS. CAPPLEMAN: And it's fair and accurate?
BROCK DIETZ: It is.
MS. CAPPLEMAN: All right. Thank you. Judge, at this time I'd ask to introduce State's Exhibit 4 into evidence.
JUDGE WHEELER: Any objection?
MR. DECOSTE: No objection.
JUDGE WHEELER: State's Exhibit 4 is admitted into evidence.
(State's Exhibit 4 received in evidence.)
MS. CAPPLEMAN: And no further questions at this time.
JUDGE WHEELER: Cross-examination?
MR. DECOSTE: No cross, Your Honor.
JUDGE WHEELER: All right. Can we excuse the witness?
MS. CAPPLEMAN: He may be excused, Judge.
JUDGE WHEELER: All right. Thank you, sir. You are excused. Have a good day.
The State may call its next witness.