Marcia Rodriguez — Direct/Cross
62 linesJUDGE WHEELER: Good morning.
JUROR: Good morning.
JUDGE WHEELER: Good morning.
JUROR: Good morning.
JUDGE WHEELER: Good to see you.
JUDGE WHEELER: Good morning.
JUROR: Good morning.
JUDGE WHEELER: All right. Please be seated.
JUDGE WHEELER: And again, good morning to everyone. And thank you for your timeliness. And we are doing our best to remain timely for you here in the courtroom.
JUDGE WHEELER: We're ready to continue with the testimony at this time. And so the state may call its next witness.
MS. CAPPLEMAN: The state calls Marcia Rodriguez.
JUDGE WHEELER: Marcia Rodriguez, please.
JUDGE WHEELER: Good morning. Do you come up to the witness stand, please?
MARCIA RODRIGUEZ: Yes, Your honor.
JUDGE WHEELER: Before you have a seat, we're going to swear you in. Please raise your right hand and respond to the clerk.
COURT CLERK: Do you solemnly swear or affirm that the testimony you shall give shall be the truth, the whole truth, and nothing but the truth?
MARCIA RODRIGUEZ: Yes, Your Honor.
JUDGE WHEELER: Thank you. Please have a seat.
MS. CAPPLEMAN: Please state your name and spell your name.
MARCIA RODRIGUEZ: Good morning. My name is Marcia Rodriguez, and it's spelled M-A-R-C-I-A R-O-D-R-I-G-U-E-Z.
MS. CAPPLEMAN: Where were you employed back in 2014?
MARCIA RODRIGUEZ: I worked for the Tallahassee Police Department.
MS. CAPPLEMAN: How long did you work for TPD?
MARCIA RODRIGUEZ: I worked with them for about 27 — a little over 27 years.
MS. CAPPLEMAN: And what's your current status?
MARCIA RODRIGUEZ: I am retired, but now I'm back as a reserve officer working for the Tallahassee Police Department.
MS. CAPPLEMAN: All right. And back in 2014, what type of duties did you have at TPD?
MARCIA RODRIGUEZ: I was assigned to our Special Investigations Division as a digital forensic investigator.
MS. CAPPLEMAN: What does a digital forensic investigator do?
MARCIA RODRIGUEZ: So when investigators or officers needed assistance with trying to obtain evidence off digital devices — cell phones, computers, tablets, those types of things — they would bring those items to us that work in that position to assist them in trying to collect the evidence off of it.
MS. CAPPLEMAN: And as part of your duties back in 2014, did you download a device that was purported to be owned by Wendi Adelson?
MARCIA RODRIGUEZ: Yes, ma'am.
MS. CAPPLEMAN: All right. And what type of device was that?
MARCIA RODRIGUEZ: It was an Apple iPhone 4.
MS. CAPPLEMAN: What type of downloading do you do?
MARCIA RODRIGUEZ: So we would use — the tool that we use to extract the evidence off of the phones is Cellebrite.
MARCIA RODRIGUEZ: It's a tool that allows us to plug up the phone and pull out the electronic data and print it out or pull it out into whatever type of format we needed it.
MS. CAPPLEMAN: All right. And so the downloading process creates an extraction report?
MARCIA RODRIGUEZ: Yes, yes ma'am.
MS. CAPPLEMAN: Okay. But does not change the content of the phone itself?
MARCIA RODRIGUEZ: Oh, no, not at all.
MS. CAPPLEMAN: All right. I'm going to approach and show you what I've marked as 55 through 58.
MS. CAPPLEMAN: Do you recognize exhibits 55 through 58?
MARCIA RODRIGUEZ: Those are — so when we do an extraction of a phone, we can create a report from it, and these are pieces from that report. They're samples — it's not the entire report, it's just pages from that printed report.
MS. CAPPLEMAN: And are they fair and accurate portions of the Cellebrite report from Wendi Adelson's cell phone?
MARCIA RODRIGUEZ: Yes, ma'am. Yes, ma'am.
JUDGE WHEELER: Any objection?
MR. DECOSTE: If we may take a look at it again?
JUDGE WHEELER: Sure.
MS. CAPPLEMAN: Were those admitted, Your Honor?
JUDGE WHEELER: Excuse me, not yet. I'm still waiting if there's any objection.
JUDGE WHEELER: All right, be admitted. State's 55 to 58.
MS. CAPPLEMAN: No further questions.
JUDGE WHEELER: Cross examination?
MR. DECOSTE: Your Honor, if we can go sidebar on something?
JUDGE WHEELER: Ms. Rodriguez, we're going to ask you to review some documents before your cross-examination.
MARCIA RODRIGUEZ: Yes.
JUDGE WHEELER: And once you review those documents, I think you'll see why. So we're going to continue your cross-examination after the break, so that you have an opportunity to speak with counsel and take a look at some documents, so that when we bring you back up, things will go a little bit smoother. Okay? So, and also so you won't have to be recalled at a later time.
MARCIA RODRIGUEZ: Perfect. Okay.
JUDGE WHEELER: Yes, ma'am. So I'm going to excuse you at this point. You're still subject to the subpoena and we will see you back for your cross-examination after the break, and the attorneys will be talking to you outside, so if you could just go remain out there and they'll see you soon.
MARCIA RODRIGUEZ: Yes, sir. Thank you.
JUDGE WHEELER: All right.