Joanne Maltese — Direct/Cross
209 linesJUDGE WHEELER: State may call its next witness.
MS. CAPPLEMAN: The State calls Joanne Maltese.
JUDGE WHEELER: Joanne Maltese, please.
JUDGE WHEELER: Good morning.
JUDGE WHEELER: Before you have a seat, we're going to swear you in.
JUDGE WHEELER: Raise your right hand and respond to the clerk.
COURT CLERK: Please solemnly swear or affirm that the testimony you shall give shall be the truth, the whole truth, and nothing but the truth. Thank you.
JUDGE WHEELER: Please have a seat.
MS. CAPPLEMAN: Please introduce yourself and spell your name.
JOANNE MALTESE: Joanne Maltese — J-O-A-N-N-E, Maltese, M-A-L-T-E-S-E.
MS. CAPPLEMAN: Ms. Maltese, were you ever employed with the Tallahassee Police Department?
JOANNE MALTESE: Yes, I was.
MS. CAPPLEMAN: When was that?
JOANNE MALTESE: From 2000 — I'm sorry — 1991 to 2017.
MS. CAPPLEMAN: And did you retire from the Tallahassee Police Department?
JOANNE MALTESE: Yes, I did.
MS. CAPPLEMAN: Congratulations.
MS. CAPPLEMAN: What were your duties when you were working there? And let's specifically refer to 2014.
JOANNE MALTESE: In 2014, I was a forensic specialist at the Tallahassee Police Department. My duties were documentation, collection, and preservation of evidence from a crime scene.
MS. CAPPLEMAN: And were you trained specifically to do those tasks?
JOANNE MALTESE: Yes, I was.
MS. CAPPLEMAN: What sort of training do you have for those tasks?
JOANNE MALTESE: Over 1,500 hours of specialized crime scene training, to include photography, documentation, advanced crime scene from Miami-Dade, several courses referring to documentation collection. As well, I taught at the Pat Thomas Law Enforcement Academy and at Tallahassee Police Department in crime scene.
MS. CAPPLEMAN: And when you arrived at this particular scene on Trescott Drive — and I'm sure I've mentioned what I was talking about: Trescott Drive, July 18, 2014 — were you asked to process the scene involving a vehicle?
JOANNE MALTESE: Yes, I was.
MS. CAPPLEMAN: I'm going to show you some photographs.
MS. CAPPLEMAN: I've marked these as 9 through 19.
MS. CAPPLEMAN: Let's take a look through all of them. And let me know when you're done.
MS. CAPPLEMAN: Are these all fair and accurate photos of the crime scene that you documented on July 18, 2014?
JOANNE MALTESE: Yes, they are.
MS. CAPPLEMAN: Judge, at this time I would ask to move into evidence State's 11 through 19.
JUDGE WHEELER: Any objection?
JUDGE WHEELER: Be admitted as State's 11 through 19.
MS. CAPPLEMAN: May I couple?
JUDGE WHEELER: You may.
MS. CAPPLEMAN: Start with State's exhibit 7. Is this the scene as you observed it?
JOANNE MALTESE: Yes, it is.
MS. CAPPLEMAN: When you arrived at the scene, was the victim still in the vehicle or had he been removed?
JOANNE MALTESE: He had been removed.
MS. CAPPLEMAN: When you arrived, were the doors to the vehicle opened or closed?
JOANNE MALTESE: Some were opened and one was ajar.
MS. CAPPLEMAN: Is it similar to how we're seeing it here?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: And was that for the purpose of getting to the victim to give him medical treatment?
JOANNE MALTESE: Yes. I believe so.
MS. CAPPLEMAN: State's exhibit 10, did you document some items of evidence on the garage floor?
JOANNE MALTESE: Yes, I did.
MS. CAPPLEMAN: What items were those?
JOANNE MALTESE: There's a broken eyeglass frame and a phone and some glass.
MS. CAPPLEMAN: What are we looking at here in State's 11?
JOANNE MALTESE: The rear passenger seat with a child's car seat and some shoes.
MS. CAPPLEMAN: And the children were not on the scene?
JOANNE MALTESE: Correct, they were not on the scene.
MS. CAPPLEMAN: Well, what did they say?
JOANNE MALTESE: A broken eyeglass frame and glass on the floor of the garage.
JOANNE MALTESE: This is actually one of the glasses — the glass pieces from the opticals — from the eyeglass that was on the driver's passenger floorboard.
MS. CAPPLEMAN: So it was broken glass, broken set, and not broken glass?
JOANNE MALTESE: Yes, and it was broken glass as well.
MS. CAPPLEMAN: And the only glass that was broken was at the driver's side window?
JOANNE MALTESE: Yes, the driver's window.
MS. CAPPLEMAN: So the 14 — where was this item removed from?
JOANNE MALTESE: This was removed from the glove box of the vehicle.
MS. CAPPLEMAN: Does this appear to be undisturbed?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: And it's been removed from the glove box from the vehicle?
JOANNE MALTESE: Correct.
MS. CAPPLEMAN: Is this the 15 that was in the bag that was in the contents of the wallet?
JOANNE MALTESE: Yes, it is.
MS. CAPPLEMAN: And did the identification in the wallet indicate whose wallet that was?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: Whose wallet was it?
JOANNE MALTESE: Mr. Markel. Daniel Markel.
MS. CAPPLEMAN: Did you take this photo?
JOANNE MALTESE: Yes, I did.
MS. CAPPLEMAN: What's the picture?
JOANNE MALTESE: This is the hole that was in the driver's window.
MS. CAPPLEMAN: And it seems it's another bullet hole?
JOANNE MALTESE: Yes, it is.
MS. CAPPLEMAN: Did you take a photo of that same hole in 75?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: As part of your duties there on that scene, did you collect any samples for the purpose of testing for DNA?
JOANNE MALTESE: Yes, I did.
MS. CAPPLEMAN: What sort of samples did you collect for that purpose?
JOANNE MALTESE: I collected samples from all of the interior and exterior door handles of the vehicle, as well as the door handle that goes from the garage into the house.
MS. CAPPLEMAN: All right. And is the purpose of that to see if there's any DNA foreign to Dan Markel that might give us a hint as to who did this?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: And when you say you collected samples, could you describe that process for the jurors?
JOANNE MALTESE: Yes. The process for collecting touch DNA is you will use a sterile swab and put a drop of sterile water on it, and then rub the swab on the surface to collect any DNA that might be there.
MS. CAPPLEMAN: All right. And those swabs would be tested by you for the presence of DNA, or by someone else?
JOANNE MALTESE: No, they'd be sent off to a lab.
MS. CAPPLEMAN: All right. Judge, at this time I would ask the Court to read the stipulation regarding the DNA evidence.
JUDGE WHEELER: All right. I'm going to read to you an instruction in regards to stipulations, and then a stipulation that the parties have reached. When parties agree that certain facts are true, that is called a stipulation of fact. You must accept stipulated facts as having been proven. However, the significance of these facts, as with all facts, is for you to decide.
JUDGE WHEELER: In this case, the stipulated fact that you must accept as true is: Ms. Carrie Rosana, a crime laboratory analyst in the biology section at the Florida Department of Law Enforcement, conducted DNA testing in this case and reported the following results. The swabs collected from the crime scene by Joanne Maltese were tested for the presence of DNA.
JUDGE WHEELER: Ms. Rosana analyzed the swabs and opined that, due to the limited nature of the DNA results obtained from the swabs, the data was not interpretable, meaning that there was not enough information present to make an identification.
MS. CAPPLEMAN: Thank you, Your Honor. What about fingerprint evidence? Did you make any effort to locate any fingerprint evidence on this scene?
JOANNE MALTESE: Yes, I processed the entire outside of the vehicle.
MS. CAPPLEMAN: With what results?
JOANNE MALTESE: There was one partial fingerprint lifted from the exterior rear passenger door frame — so the frame around the rear passenger door — but it was determined to be not of value for comparison purposes.
MS. CAPPLEMAN: So, similar to the DNA, not enough material there or evidence there to make a determination?
JOANNE MALTESE: Correct.
MS. CAPPLEMAN: Okay. And what about casings? Could you explain to the jury what a casing is?
JOANNE MALTESE: In a bullet, you have the casing and the projectile. The projectile is what comes out of the end of the gun, and the casing is what's left behind. It's either left in the gun if it's a revolver, or expelled if it's some other type of crime.
MS. CAPPLEMAN: All right. And were there any casings present on this crime scene?
JOANNE MALTESE: No.
MS. CAPPLEMAN: Could that be consistent with the weapon being a revolver, as you just explained?
JOANNE MALTESE: Yes, it could.
MS. CAPPLEMAN: Right. Because in a revolver, where do the casings end up?
JOANNE MALTESE: Those casings would stay in the round chamber where the bullets were initially placed. They stay in the gun.
MS. CAPPLEMAN: All right. And what about projectiles? You talked about the part of the bullet that is expelled out to the target. Were there any projectiles found at the scene?
JOANNE MALTESE: No, there was not.
MS. CAPPLEMAN: We talked about the condition of the car. I want to show you State's Exhibit 128.
MS. CAPPLEMAN: Strike 128.
MS. CAPPLEMAN: State's 121, 120, 119, 122.
MS. CAPPLEMAN: 125 — we'll get to that later, but let's go ahead and identify 125 and 126 also.
MS. CAPPLEMAN: This one is 124.
MS. CAPPLEMAN: Okay. All right, so let's forget about 125 and 125. Are 119 through 124, all items that you collected from this crime scene?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: Do they all appear to be in the same or substantially the same condition as when you collected them?
JOANNE MALTESE: Yes, they are.
MS. CAPPLEMAN: Judge, I would ask to move those items into evidence at this time — 119 through 124.
JUDGE WHEELER: Any objection to 119 to 124?
MR. DECOSTE: No, Your Honor.
JUDGE WHEELER: Thank you. They'll be admitted.
JUDGE WHEELER: Yes.
MS. CAPPLEMAN: So what is 120?
JOANNE MALTESE: The broken eyeglass frame.
MS. CAPPLEMAN: Is the condition of the frame consistent with the bullet having actually gone through the eyeglass frame?
JOANNE MALTESE: It was damaged by something.
JOANNE MALTESE: It is a piece of eyeglass — optical — actual glass from an eyeglass.
JOANNE MALTESE: The driver's front seat — so it was on the driver's front seat.
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: And 124, what is 124?
JOANNE MALTESE: 124 is the actual glass collected from the driver's door.
MS. CAPPLEMAN: How were you able to collect this piece of broken glass?
JOANNE MALTESE: I used clear tape and put strips of tape on the glass both inside and outside so it would remain intact as I took it out.
MS. CAPPLEMAN: All right. As part of your duties, did you also photograph Wendi Adelson's vehicle?
JOANNE MALTESE: Yes, I did.
MS. CAPPLEMAN: Where did you go to do that?
JOANNE MALTESE: Uh, — roughly after 3 p.m. the same day, at the Tallahassee Police Department.
MS. CAPPLEMAN: Are those fair and accurate photographs of Wendi Adelson's vehicle as it appeared that day?
JOANNE MALTESE: Yes, it is.
MS. CAPPLEMAN: All right. Judge, at this time I'd ask to introduce State's Exhibits 18 through 21.
JUDGE WHEELER: Any objection?
MR. DECOSTE: No objection.
JUDGE WHEELER: Be admitted as 18 through 21.
JUDGE WHEELER: You may.
JOANNE MALTESE: Yes. Yes, it was.
MS. CAPPLEMAN: Can you tell from the receipt when the date and time was that this bourbon was purchased?
JOANNE MALTESE: Purchased from ABC Liquors, 7-18 of 2014.
JOANNE MALTESE: At 12:49 p.m. So just after noon.
MS. CAPPLEMAN: Were you also called upon to go to the Tallahassee Memorial Hospital?
JOANNE MALTESE: Yes, I was.
MS. CAPPLEMAN: What were you asked to do at the hospital?
JOANNE MALTESE: Document and collect.
MS. CAPPLEMAN: Document and collect what?
JOANNE MALTESE: Document clothing from Mr. Markel, and also photograph.
MS. CAPPLEMAN: Did you photograph Mr. Markel?
JOANNE MALTESE: I photographed some injuries, yes, I did.
MS. CAPPLEMAN: And was he pronounced deceased at this time?
JOANNE MALTESE: I do not believe he was deceased at the time.
MS. CAPPLEMAN: I'm going to show you what I've marked as State's Exhibits 22 through 26.
MS. CAPPLEMAN: I'm sorry, 22 through 24, so 22, 23, and 24.
MS. CAPPLEMAN: Do you recognize these exhibits?
JOANNE MALTESE: Yes, I do.
MS. CAPPLEMAN: Are they true and accurate photos of, or copies of photos you took in reference to this case?
JOANNE MALTESE: Yes, ma'am.
MS. CAPPLEMAN: Do they fairly and accurately capture the injuries to Dan Markel that you observed at that time?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: At this time, I'd ask to admit them — 22 through 24.
MR. DECOSTE: No objection.
JUDGE WHEELER: All right, no objection.
MS. CAPPLEMAN: May I publish?
JUDGE WHEELER: Yes. They'll be admitted.
MS. CAPPLEMAN: And for our viewing audience, are there any injuries?
JOANNE MALTESE: There's 22.
MS. CAPPLEMAN: Is this how Mr. Markel appears when you go to see him at the hospital?
JOANNE MALTESE: Yes.
MS. CAPPLEMAN: And what was the date and time that you observed the case?
JOANNE MALTESE: I arrived at the hospital at 12:20 p.m., so just after noon, same day. So this would have been taken probably within 15 minutes after arriving.
JOANNE MALTESE: There is a dark mark on his forearm, on the outer side of his forearm, which I believe to be stippling.
MS. CAPPLEMAN: What is stippling?
JOANNE MALTESE: Stippling is going to be a mark on your skin when you're in close contact to a gun going off, and what it'll do is the gunshot residue or the gunpowder will stain or tattoo your skin. Yes.
MS. CAPPLEMAN: No further questions, Your Honor.
JUDGE WHEELER: Cross-examination?
MR. DECOSTE: Yes, briefly, Your Honor.
MR. DECOSTE: I'll do it from the podium.
MR. DECOSTE: Good morning.
JOANNE MALTESE: Good morning.
MR. DECOSTE: I'm going to go directly to that. It's 23 and 24.
MR. DECOSTE: Sorry, that was 23.
MR. DECOSTE: And correct me if I'm wrong, 24 is just focusing in on what you're referring to as stippling.
JOANNE MALTESE: Yes.
MR. DECOSTE: Knowing what you know about the scene, about the car and the position, would this be consistent with him raising his arm when he was getting shot?
JOANNE MALTESE: Yes.
MR. DECOSTE: That's it. Thank you.
JUDGE WHEELER: All right. Okay.
JUDGE WHEELER: Any redirect?
MS. CAPPLEMAN: No, Your Honor.
JUDGE WHEELER: Okay. We can excuse the witness?
MS. CAPPLEMAN: Yes, sir.
JUDGE WHEELER: All right. Thank you, ma'am. You're free to go.
JUDGE WHEELER: All right. Ms. Cappleman, considering the timing of your next witness, is this a good time to break?
MS. CAPPLEMAN: My preference would be to do one more, but I will, of course, yield to you. All right.
JUDGE WHEELER: It won't be any longer than 15, 20 minutes?
JUDGE WHEELER: 30 minutes at the most?
MS. CAPPLEMAN: Yes.
JUDGE WHEELER: All right. We'll do one more witness, then, if your witness is ready and available at this point?
MS. CAPPLEMAN: Yes, sir.
JUDGE WHEELER: Okay. All right. Ma'am you're excused. Thank you.