4.Bill Brannon — Direct/Cross
107 linesJUDGE WHEELER: All right. You're free to go. Thank you.
All right. Let's put Ms. Rodriguez back on the stand and complete her cross-examination. At this point, Mr. DeCoste, are you prepared for that?
MR. DECOSTE: Actually, Your Honor, we're going to waive cross on Ms. Rodriguez. Counsel and I had some conversations. we figured out another way.
JUDGE WHEELER: Okay. All right. So, we've completed the testimony then of Ms. Rodriguez?
MS. CAPPLEMAN: Yes, Your Honor.
JUDGE WHEELER: Okay. Thank you. Has Ms. Rodriguez been informed of that?
MS. CAPPLEMAN: Yes, Sir.
JUDGE WHEELER: All right. Thank you.
Okay. State may call its next witness.
MS. CAPPLEMAN: The State calls officer Bill Brannon.
JUDGE WHEELER: Bill Brannon, please.
officer, if you'd come up to the stand. Before you have a seat, we're going to swear you in, please.
WENDI ADELSON: Yes, sir.
JUDGE WHEELER: Okay. The clerk's over here.
whereupon, BILL BRANNON was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE WHEELER: Thank you. Please have a seat.
MS. CAPPLEMAN: Permission to reposition the podium, Your Honor?
JUDGE WHEELER: Sure.
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Sir, please introduce yourself and your name.
BILL BRANNON: officer Brannon, B-R-A-N-N-O-N, ID Number 510, with the Tallahassee Police Department.
MS. CAPPLEMAN: How long have you been with TPD?
BILL BRANNON: I've been with TPD for about 23 years now, and I was with FSU PD for a couple of years prior to that.
MS. CAPPLEMAN: I want to ask you about July 18th of 2014. Were you working that day?
BILL BRANNON: Yes, ma'am.
MS. CAPPLEMAN: what were your duties back then?
BILL BRANNON: Patrol.
MS. CAPPLEMAN: And were you assigned to a crime scene that day?
BILL BRANNON: Yes, ma'am.
MS. CAPPLEMAN: what were you assigned to do?
BILL BRANNON: I responded to Trescott Drive. It was -- I think it originally went out as a medical issue. And I arrived on scene and we discovered it was a shooting incident.
MS. CAPPLEMAN: All right. And what was your role there at the = scene?
BILL BRANNON: Initially -- I'm sorry. Trying to gain my thoughts.
MS. CAPPLEMAN: Let me ask you a better question. was part of your duty there to hold the crime scene?
BILL BRANNON: Yes.
MS. CAPPLEMAN: what does it mean, “hold the crime scene"?
BILL BRANNON: Ensuring that nobody comes in or out that's not supposed to be there or anything like that.
MS. CAPPLEMAN: And at what point were you positioned?
BILL BRANNON: Once I got done on scene and I was put on the perimeter, I was on the north end.
MS. CAPPLEMAN: Okay. And is that on Trescott?
BILL BRANNON: Yes, ma'am.
MS. CAPPLEMAN: How far away from the residence of Dan Markel was the crime scene tape? was there crime scene tape up over the street?
BILL BRANNON: Yes, ma'am.
MS. CAPPLEMAN: And how far away from the residence was that tape located?
BILL BRANNON: Approximately three or four houses.
MS. CAPPLEMAN: And is that where you were positioned?
BILL BRANNON: Yes, ma'am.
MS. CAPPLEMAN: And during the time that you were there holding the perimeter, is that when law enforcement was continuing to work at the scene?
BILL BRANNON: Yes.
MS. CAPPLEMAN: All right. So, there were several law enforcement vehicles present?
BILL BRANNON: Yes.
MS. CAPPLEMAN: Do you know how many?
BILL BRANNON: Guestimating maybe about four or five marked patrol cars. One of the crime scene vans, I'm pretty sure was there, that's also marked Police. Another, I'm guessing, three or so unmarked units for the investigators.
MS. CAPPLEMAN: And would those vehicles have been in the driveway of the residence, the Markel residence, or something else?
BILL BRANNON: well, all around right there in front of his residence.
MS. CAPPLEMAN: Including in the driveway?
BILL BRANNON: There may have been. I can't remember for sure.
MS. CAPPLEMAN: And these were marked vehicles?
BILL BRANNON: Yes.
MS. CAPPLEMAN: And during the time that you were holding the crime scene perimeter -- what time of day was this?
BILL BRANNON: It was around noon.
MS. CAPPLEMAN: All right. Did cars pull up and have to turn around because they couldn't pass through the crime scene?
BILL BRANNON: Yes.
MS. CAPPLEMAN: And was it your job to make sure that no cars passed through the crime scene?
BILL BRANNON: Yes, ma'am.
MS. CAPPLEMAN: And as part of your job, would you have contact with the people that would come up and just let them know that -- basically don't tell them anything about what's going on, but tell them they've got to turn around and go the other way?
BILL BRANNON: I don't remember having to speak with anybody specifically.
MS. CAPPLEMAN: Okay. But you were just making sure they didn't come through?
BILL BRANNON: Yeah. I was parked there next to the crime scene tape with my lights on and my vehicle blocking the road.
MS. CAPPLEMAN: So, when cars approached the roadblock, they just, on their own, turned around and went back the way they had come?
BILL BRANNON: Yes.
MS. CAPPLEMAN: And did one of those cars in particular stand out to you?
BILL BRANNON: Yes, ma'am.
MS. CAPPLEMAN: And what vehicle was that?
BILL BRANNON: It was a later 2000s model Honda Odyssey van.
MS. CAPPLEMAN: why did that vehicle stand out to you?
BILL BRANNON: I had obtained information that the ex-wife drove a vehicle like that.
MS. CAPPLEMAN: All right. were you able to see the occupant of the vehicle clearly?
BILL BRANNON: No.
MS. CAPPLEMAN: were you able to tell how many occupants there were in the vehicle?
BILL BRANNON: No.
MS. CAPPLEMAN: were you able to tell whether it was a man ora woman?
BILL BRANNON: I thought it was possibly a woman because I thought I remembered seeing longer hair, but I couldn't say conclusively.
MS. CAPPLEMAN: You didn't have any contact with the driver?
BILL BRANNON: No, ma'am.
MS. CAPPLEMAN: what did the driver of this Honda Odyssey do when the driver approached the roadblock?
BILL BRANNON: Just immediately did a three-point turn and left.
MS. CAPPLEMAN: And as you approach the roadblock -- if you're one of these drivers, the way they would come up to the roadblock -- would you be able to see that the law enforcement activity was occurring at the Markel residence?
BILL BRANNON: Yes.
MS. CAPPLEMAN: And the person driving the -- I'm going to show you State's Exhibit 18. Do you recognize this?
BILL BRANNON: It looks like the vehicle.
MS. CAPPLEMAN: This is similar or consistent with the vehicle you saw approach?
BILL BRANNON: Consistent with.
MS. CAPPLEMAN: Judge, at this time, I'm going to ask to publish State's 18.
JUDGE WHEELER: 18 it is?
MS. CAPPLEMAN: Yes, sir. It's in evidence.
JUDGE WHEELER: All right. You may.
(State's Exhibit 18 published to the jury.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: The driver of this vehicle -- or the vehicle consistent with this, did they ask you any questions about what was going on at the Markel residence?
BILL BRANNON: No.
MS. CAPPLEMAN: And was there anything unusual about the way this particular vehicle turned around?
BILL BRANNON: Just seemed a little more quicker than the other ones. Most of the vehicles, when they'd pull up, you'd see them kind of pausing for a second. And I don't know if they were, like, formulating a new plan because suddenly they can't go the way they want to go. There's usually -- just seemed to be a hesitation. This one caught my attention a little bit more also because when it pulled up, I mean, it just automatically did a three-point turn and headed on.
MS. CAPPLEMAN: No further questions.
JUDGE WHEELER: Cross-examination?
MR. DECOSTE: No thank you, Your Honor.
JUDGE WHEELER: Okay. We can excuse the officer?
MS. CAPPLEMAN: Yes, sir.
JUDGE WHEELER: All right. Thank you, Officer. You're free to go.
BILL BRANNON: Thank you, sir.