Waldo Mesa Nunez — Direct/Cross/Redirect
343 linesJUDGE WHEELER: Ms. Cappleman, do you have another — do you have a brief witness that we can take care of? Okay. All right. We're going to take one more witness before our break, and the state may call its next witness.
MS. DUGAN: State calls Waldo Nunez.
JUDGE WHEELER: Waldo Nunez, please.
JUDGE WHEELER: Mr. Nunez, if you could come up to the witness stand, please.
JUDGE WHEELER: Good morning.
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?
WALDO MESA NUNEZ: I do.
JUDGE WHEELER: Please have a seat.
MS. DUGAN: Good morning. Mr. Nunez.
WALDO MESA NUNEZ: Morning, ma'am.
MS. DUGAN: Will you say your name and spell it for the record, please?
WALDO MESA NUNEZ: Yes. First name Waldo, last name Mesa Nunez. W-A-L-D-O M-E-S-A N-U-N-E-Z.
MS. DUGAN: Okay. What do you currently do for work?
WALDO MESA NUNEZ: What was that?
MS. DUGAN: Where do you work?
WALDO MESA NUNEZ: FHP, Florida Highway Patrol.
MS. DUGAN: Okay. Where did you work back in 2014?
WALDO MESA NUNEZ: Comfort Rent-A-Car.
MS. DUGAN: And was that the Comfort Rent-A-Car in Miami, Florida, near the airport there, the Miami International Airport?
WALDO MESA NUNEZ: Yes, ma'am.
MS. DUGAN: Okay, what was your position at Comfort?
WALDO MESA NUNEZ: I used to work at the front desk, so customer service.
MS. DUGAN: Okay, so were you working there in June of 2014?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: How long did you work for Comfort Rent-A-Car, sir?
WALDO MESA NUNEZ: 2014 to 2017.
MS. DUGAN: Okay, and during that time did you work the day shift or the evening shift?
MS. DUGAN: Okay, would that have been from about 4 p.m. to about 10 p.m.?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: So whenever someone would come into Comfort Rent-A-Car, ask the person who worked the front desk — if they came in on your shift, would you be the person that actually filled out the rental contract for them?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: Okay. I left a couple of items up on the witness stand for you. They've been pre-marked and shown to defense as State's Exhibits 70 and 71. Do you see those items?
WALDO MESA NUNEZ: Yes, ma'am.
MS. DUGAN: Okay. Do you recognize those contracts and the GPS information and license and receipt attached?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: Okay. And did you actually have an opportunity before court to look through those as well?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: Okay. Whose handwriting is that on the contracts?
WALDO MESA NUNEZ: Mine.
MS. DUGAN: Now, are rental agreements and the documents associated with them — when someone rents a car, like the receipt for any money they give you or their driver's license, a copy of it, and any GPS information that the car may have attached to it — are those kept in the normal course of business at Comfort Rent-A-Car?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: Okay, and would you have created those agreements at the time that the cars were rented?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: And in those agreements you're documenting — and we'll go through them — but you were documenting the circumstances around the rental, right? The car that was being rented, the person that was being rented to, how long, those types of things?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: Okay, and is it the regular practice to keep those types of documents that you have in front of you in the course of business at Comfort Rent-A-Car?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: Are those accurate copies of the rental agreements?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: Okay. At this time I would enter State's 70 and 71, the rental agreements and GPS information and other documentation with the agreements.
JUDGE WHEELER: Any objection?
JUDGE WHEELER: Be admitted as State's Exhibit 70 and 71.
MS. DUGAN: Thank you.
MS. DUGAN: All right, permission to publish?
JUDGE WHEELER: You may.
MS. DUGAN: Did you have an opportunity to look at the two agreements with the court today, and were you able to identify which one came first?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: And which one came first?
WALDO MESA NUNEZ: The one in the bottom.
MS. DUGAN: This one?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: And you thought you got that one first?
WALDO MESA NUNEZ: Well, when I say bottom, I meant, yes, that one.
MS. DUGAN: Okay.
MS. DUGAN: What's the name of the person who rented this car?
WALDO MESA NUNEZ: It'll be on the top there. I'll say Fredo Garcia.
MS. DUGAN: Alright, and this is the address he gave you and the phone number that he gave you?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: Alright, and up here it says this is the Comfort rental car on address and information?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: What type of car did he use?
WALDO MESA NUNEZ: It'll be a Nissan Altima.
MS. DUGAN: What color was it?
WALDO MESA NUNEZ: Silver.
MS. DUGAN: And right below the word silver is the license plate.
MS. DUGAN: Okay, and then what date did he rent this car?
WALDO MESA NUNEZ: So it will be this day right here.
MS. DUGAN: June 2, 2014?
WALDO MESA NUNEZ: Yes.
WALDO MESA NUNEZ: So that would be a deposit that they had to pay if they were paying cash.
WALDO MESA NUNEZ: That's the days that they rented the vehicle for and the daily rate.
MS. DUGAN: $49 a day, and then you said that this was the end of it?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: What do we see here on the bottom of the sheet?
WALDO MESA NUNEZ: What was that?
MS. DUGAN: What do we see here on the bottom of the sheet? I guess this is a person renting what's assigned here?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: What does this mean?
WALDO MESA NUNEZ: That means that they have to return the vehicle on that date.
MS. DUGAN: On June 5th, 2014 was the three-day rental this year?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: Okay. What time was it this year?
WALDO MESA NUNEZ: 8:50 p.m.
WALDO MESA NUNEZ: It'll be that time at the end of the contract right there, because usually that's when I started writing the contract.
MS. DUGAN: That's when you put the time?
WALDO MESA NUNEZ: Yes. Yes, we do, at that same time.
MS. DUGAN: But in three days' time?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: All right. And then are all the rentals that come with rental car that y'all would do kind of 24-hour increments like that?
WALDO MESA NUNEZ: Yes, that's right.
MS. DUGAN: A receipt for the deposit.
MS. DUGAN: This is the receipt you would receive when you gave $500 cash?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: When someone comes into the rental car, you get a copy of the driver's license?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: This driver's license is the same person that rented the first car?
WALDO MESA NUNEZ: Yes, that'll be a Hyundai Sonata.
WALDO MESA NUNEZ: Yes.
MS. DUGAN: June 3rd, 2014. Next day, June 5th, 2014?
WALDO MESA NUNEZ: Yes, yes.
MS. DUGAN: So does this look kind of like the same information, same cost here as the first agreement?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: Is this all the same information as the first agreement except that another car was rented the next day?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: All right. So looking at these two contracts, and being — this is your handwriting, right?
WALDO MESA NUNEZ: Yes. Yes.
MS. DUGAN: So, being the person that filled it out, from the information that you're able to gather from these, does that indicate that the car that was originally rented, a silver Nissan Altima, was exchanged the next day for another car, a blue Hyundai Sonata?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: And it was due back still, though, at that same time, June 5th, 1850, the same three days' time from the time that the first car was rented?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: You said at that point that —
MS. DUGAN: Comfort Rental had GPS locations on their car.
MS. DUGAN: Attached to this rental agreement, are there several GPS locations from places that the car was located during that rental?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: And here it says Jessica Rivera with a name associated with that?
WALDO MESA NUNEZ: That's the name of the person who owned the account, I believe. The GPS account manager in the rental car.
MS. DUGAN: Okay, that was the manager at the rental car?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: Okay, so that would have been the person whose name was on the account, instead of yours?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: And these are the different location addresses that the car was located at throughout its rental?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: I'm going to show you State's 65.
WALDO MESA NUNEZ: Yes.
MS. DUGAN: Did I Show you this before court today?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: Are you a trooper with the Florida Highway Patrol?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: You are not the trooper who issued this traffic citation, right?
MS. DUGAN: And Luis Rivera?
WALDO MESA NUNEZ: Yeah, I'm not the trooper who issued that citation.
MS. DUGAN: Okay. I just want to ask you that.
MS. KAWASS: Your Honor, I'm going to object at this time. She's asking this witness's opinion on a ticket that he did not offer.
JUDGE WHEELER: She hasn't asked any question yet, so I don't know what the question is, so overruled.
MS. DUGAN: Is there any information on here that would indicate that Luis Rivera was alone or with another person at the time that this traffic citation was issued?
JUDGE WHEELER: All right, hold on. What's your objection?
MS. KAWASS: Objection, improper opinion, speculation, lack of personal knowledge.
JUDGE WHEELER: Overruled. If you can tell from that citation, you can answer the question.
WALDO MESA NUNEZ: There's no information on any passengers in the citation.
MS. DUGAN: Okay. I want to ask you specifically. So on here, it doesn't say whether he's alone with one other person or with two other people.
WALDO MESA NUNEZ: No, I don't see any of that in there.
MS. DUGAN: Okay. I want to ask you about this specific box here, because I know it's very small print. You had an opportunity to look at it today, though, right? And you said that this box has 16 passengers in each check, you know?
WALDO MESA NUNEZ: Mm-hmm.
MS. DUGAN: Okay. Is there such a thing as like a 16-passenger van?
WALDO MESA NUNEZ: Yeah, there's a 15-passenger van.
JUDGE WHEELER: Hold on one second. What's your objection?
MS. KAWASS: Your Honor, I'm going to object to lack of personal knowledge and speculation as to why one officer checked off a box on a ticket.
JUDGE WHEELER: He's not speculating on that. He's explaining what this citation is. He's a highway — he works for Florida Highway Patrol. He can testify to that.
JUDGE WHEELER: You can proceed.
WALDO MESA NUNEZ: Okay, can you repeat your question again?
MS. DUGAN: You have to have — would that be — what would that indicate here on the traffic citation, that this is checked "no" for a box that says 16 passengers?
WALDO MESA NUNEZ: So as far as I can tell, those boxes are endorsements that you have to have on your driver's license. If you see, there's CDL, hazardous material, and stuff like that. I believe those boxes are checked "no" because either the vehicle he was driving was not a 16-passenger van, or there's not an endorsement on the driver's license.
MS. DUGAN: Okay, so it's not a commercial vehicle, it's not hazardous material vehicle, ... it's not a motorcycle?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: Okay, thank you.
JUDGE WHEELER: Cross-examination.
MS. KAWASS: Good afternoon.
MS. KAWASS: Should I call you "officer" now?
MS. KAWASS: Okay. Good afternoon, Mr. Nunez. How are you doing today?
WALDO MESA NUNEZ: Pretty good. You?
MS. KAWASS: I'm doing well. How long have you lived in Miami?
WALDO MESA NUNEZ: Since 2013, March.
MS. KAWASS: Okay. And have you lived there ever since 2013 until now?
WALDO MESA NUNEZ: I still lived there. Don't live there now.
MS. KAWASS: Okay. Where do you live?
WALDO MESA NUNEZ: I live in Melbourne now.
MS. KAWASS: Okay. But in 2014, when you were working at the Comfort Rent-a-Car —
WALDO MESA NUNEZ: Yes.
MS. KAWASS: You're very familiar with that area around the Comfort Rent-a-Car, right?
WALDO MESA NUNEZ: Yes.
MS. KAWASS: Okay. That's the Comfort Rent-a-Car — that's one of the rental car places that's right by the Miami International Airport, is that correct?
WALDO MESA NUNEZ: Yes.
MS. KAWASS: Could you even estimate or guess how many different businesses are in a five — or wait, no — one-mile radius from your Comfort Rental Car in all directions?
WALDO MESA NUNEZ: No. Over thousands.
MS. KAWASS: Yes. Okay. That includes homes?
WALDO MESA NUNEZ: Uh, yes. On the outskirts of Miami International Airport.
MS. KAWASS: Yes. And we can't even begin to count how many people drive through the airport on a daily basis, right?
WALDO MESA NUNEZ: Not even close. Not even close.
MS. KAWASS: So when you worked at Comfort Rent-a-Car back in 2014, it was pretty busy, right?
WALDO MESA NUNEZ: Yes.
MS. KAWASS: Because it's one of the rental cars that services the airport, right?
WALDO MESA NUNEZ: What was that?
MS. KAWASS: It's one of the airport — one of the rental cars that's close to the airport.
WALDO MESA NUNEZ: Yes.
MS. KAWASS: Okay. You guys get business from tourists that are coming into that international airport?
WALDO MESA NUNEZ: Yes.
MS. KAWASS: All right. And how many customers do you think you dealt with in the month of June?
WALDO MESA NUNEZ: Hundreds, probably.
MS. KAWASS: Okay. You don't have an independent recollection, and you can't picture who it is that walked in. You couldn't tell me what he was wearing, anything like that, when that car was rented?
MS. KAWASS: Okay. And what you use in order to help you remember things are those documents, right?
WALDO MESA NUNEZ: Yes.
MS. KAWASS: That's why those documents are so important — because you use them to keep records of everything that's happening in the business?
WALDO MESA NUNEZ: Yes.
MS. KAWASS: Just in case someone comes to you two years later and tries to ask you something, you look at those documents in order to determine, you know, some facts?
WALDO MESA NUNEZ: Yes.
MS. KAWASS: So you wouldn't be able to tell this jury what Sigfredo Garcia was wearing when he came and rented that vehicle?
MS. KAWASS: Okay. You wouldn't be able to tell me who came or how he even got to Comfort Rental Car, right?
MS. KAWASS: Did you guys have cameras inside your business?
WALDO MESA NUNEZ: I don't remember if, when we started, we had cameras, and I don't remember if they have any breakers of cameras in the business.
MS. KAWASS: Okay. Any — right. Do you know if there are any cameras outside the business?
WALDO MESA NUNEZ: I believe so.
MS. KAWASS: Okay. And there's also possible cameras that are on the businesses that are surrounding —
WALDO MESA NUNEZ: Yes.
MS. KAWASS: — Comfort Rent-a-Car, right?
WALDO MESA NUNEZ: Yes.
MS. KAWASS: And I want to go back and address — I'm —
MS. KAWASS: — going to show you what has been marked as state's composite, I think, 71. And —
MS. KAWASS: — you filled this out, correct?
WALDO MESA NUNEZ: Yes.
MS. KAWASS: Now, what does that say? "Day, time in." Okay. So there's a slot there for you to record the time that the person came in there, right?
WALDO MESA NUNEZ: Yes.
MS. KAWASS: Okay. And even though you're looking down here, you're saying that this is your regular — the course for 24 hours?
WALDO MESA NUNEZ: Yes — not a hundred percent I can say he came in at the same exact time. The time that you see there is the time the vehicle is due in. So I go by the first contract. I don't understand the question you're asking.
MS. KAWASS: Yes, the first time.
WALDO MESA NUNEZ: Yes, I can say by looking at that — I'm — I just put there the time the vehicle is due back.
MS. KAWASS: So you won't be able to tell what time he came in on the second time that he got the second vehicle?
MS. KAWASS: Now, you said that you are a Florida Highway Patrol officer now, right?
WALDO MESA NUNEZ: Yes.
MS. KAWASS: How long have you been here?
WALDO MESA NUNEZ: It's about a year and a half now.
MS. KAWASS: No. Okay, what county do you work for?
WALDO MESA NUNEZ: Brevard County.
MS. KAWASS: You ever work for Alachua County before?
MS. KAWASS: Do you know this officer?
MS. KAWASS: Okay, have you ever spoken to this officer?
MS. KAWASS: Weren't you an officer in 2014 when this ticket was written?
MS. KAWASS: Do you have any idea why Officer Downing checked off or put in anything?
WALDO MESA NUNEZ: No, that would be up to him.
MS. KAWASS: That was him, right?
WALDO MESA NUNEZ: Yes.
MS. KAWASS: Now we need to ask him.
WALDO MESA NUNEZ: Yes.
MS. KAWASS: So if he said that, "Oh, I checked this box because there were no passengers in the vehicle," that would be him, right? The best question to ask would be him, right?
WALDO MESA NUNEZ: Yes.
MS. KAWASS: Do you know that he is?
WALDO MESA NUNEZ: Not that I know of.
MS. KAWASS: When was it that you were ever approached about giving information concerning the documents that you filled out?
WALDO MESA NUNEZ: What, on the contract?
MS. KAWASS: On the contract, yeah. How I mean, how many months, years after were you approached?
WALDO MESA NUNEZ: Uh, so I rented a car in 2014, and I came to the first trial, so I don't know.
MS. KAWASS: But I'm talking about when the detectives first approached you and first just came to ask you questions.
WALDO MESA NUNEZ: When they came to see me?
MS. KAWASS: Yeah.
WALDO MESA NUNEZ: I'm just at the rent-a-car.
MS. KAWASS: That's correct. And that's the first time you ever knew about this case is when?
WALDO MESA NUNEZ: Yes, detectives. And they I don't know the day off the top of my head, but I have it.
MS. KAWASS: I mean, I have no objection, Judge, if he looks. I don't know, I don't know what he's looking at, but if the state has no objection.
JUDGE WHEELER: Is that just your own personal notes?
WALDO MESA NUNEZ: Uh, no, this was, uh, the notes that I got from the case.
MS. KAWASS: Okay, well, Judge, I'll strike that question, I'll rephrase it.
JUDGE WHEELER: All right.
MS. KAWASS: Okay, because I don't want you to substitute.
JUDGE WHEELER: It wasn't the same year, that's what you're asking?
MS. KAWASS: That's perfect. It wasn't the same year?
MS. KAWASS: So is it fair to say it was more than 12 months?
WALDO MESA NUNEZ: Yes.
MS. KAWASS: Okay. And when these officers came to you, right, could you readily tell that they were police officers?
WALDO MESA NUNEZ: I don't recall that.
MS. KAWASS: Did they identify themselves? Okay, were they nice to you?
WALDO MESA NUNEZ: Yes.
MS. KAWASS: They spoke to you and gave you an opportunity to explain what you knew about this case?
WALDO MESA NUNEZ: What I knew about the rental, not the case.
MS. KAWASS: Oh, no, just the rental, the things that you have knowledge of about this case, because your knowledge is only limited to those rental car agreements.
WALDO MESA NUNEZ: Okay.
MS. KAWASS: Your Honor, may I have one moment, please?
JUDGE WHEELER: Yes.
MS. KAWASS: No further questions. Thank you, Mr. Nunez.
JUDGE WHEELER: Redirect?
MS. DUGAN: You're saying that when the third university came in to exchange the car for the second contract, you don't know what time he came in to exchange that car because he didn't do that at the same time and the same date as his first contract. You don't know what time he came in and did the exchange.
MS. DUGAN: Y'all just said, hey, do it at the same time as the first contract.
WALDO MESA NUNEZ: Exactly. Okay.
MS. DUGAN: First contract, though, you said you do know what time that you rented this car on June 2nd because it's due exactly three days from the time that you rented it.
WALDO MESA NUNEZ: Yes.
MS. DUGAN: And you said that you put the time at the same time that he comes in and says, I want a car, and I'll fill out the contract.
WALDO MESA NUNEZ: Yes, by the time I started writing the contract.
MS. DUGAN: By the time you started writing the contract.
WALDO MESA NUNEZ: Yes.
MS. DUGAN: That's when you put 8:50 p.m.
WALDO MESA NUNEZ: Yes.
MS. DUGAN: Okay. You were asked, the defense asked you, well, you don't know how he got there that day. I mean, in your experience watching customers come and go through your three years there, would people often get dropped off at the rental car place before they rented a car?
WALDO MESA NUNEZ: They could.
MS. DUGAN: Okay. Thank you.
MS. DUGAN: All right. Can we release the witness?
JUDGE WHEELER: Yes, sir.
MS. DUGAN: Okay. All right. Thank you.
JUDGE WHEELER: You're free to go.
WALDO MESA NUNEZ: Thank you.
JUDGE WHEELER: Have a good day.
JUDGE WHEELER: You can just set it right there. That'll be fine.
JUDGE WHEELER: All right, we're going to take our break now, about 15 minutes, 10 to 15 minutes. We'll start back up at 5 to 11.
JUDGE WHEELER: Again, no discussions amongst yourselves about any of the testimony that's been presented to you, and we'll see you back in about 10 to 15 minutes to start back with the testimony.
JUDGE WHEELER: All right, the deputy will take you back. We're still in session, so please remain quiet in the courtroom.
JUDGE WHEELER: Right. Jury's out of the courtroom. The door is closed.
JUDGE WHEELER: Ms. Cappleman, security just wanted to check and make sure that you're not going to need Rivera again today.
MS. CAPPLEMAN: That's correct.
JUDGE WHEELER: Okay. All right. So he can be taken back today. All right. Thank you.
JUDGE WHEELER: Also, if the state could provide the court with a copy of whatever that discovery was by this afternoon so that I have it to review over the weekend and I'm familiar with it when we address it, uh, next week. Okay.
JUDGE WHEELER: All right. We'll be in recess, uh, till about five to 11, and we'll be back to continue testimony at that time.
JUDGE WHEELER: All right. Ms. Dugan, did Ms. Cappleman step outside?
MS. CAPPLEMAN: She did but we can continue without her. It's my witness next.
JUDGE WHEELER: All right. Anything before we bring the jury in? Ms. Dugan?
MS. DUGAN: Well, this is Sergeant Corbett. We have a summary to show the jury. Part of his summary, or one part of it, is a traffic citation that is a certified business record. I believe the defense has no objection, but I'd ask to move it in at this time. It's a state that you file, and then we will be publishing it and showing it to the jury through his presentation.
JUDGE WHEELER: And so that's been stipulated to?
MS. DUGAN: It's a certified business record.
JUDGE WHEELER: Okay. All right. Any objection?
MR. DECOSTE: No objection. Not stipulated.
JUDGE WHEELER: Okay, all right. So State's 85, it's admitted into evidence. And then you are — you're using a demonstrative with this witness, all right?
MS. DUGAN: Long time ago. There's a copy here if there's anything. I don't know if anything, but all right. Well, it's the notebook that you put into evidence. I haven't entered it yet.
JUDGE WHEELER: Okay, and what number is that?
MS. DUGAN: State's 73.
JUDGE WHEELER: Okay, so is that what the substance of the demonstrative is?
MS. DUGAN: Yes, sir.
JUDGE WHEELER: Okay, all right. So as long as that's matching up, then we shouldn't have any problems.
JUDGE WHEELER: The demonstratives do not go back to the jury.
MS. DUGAN: Okay, I just want to make sure that I understood. The 73 is going to be the exhibit that's going to be offered for admission into evidence.
JUDGE WHEELER: Subject to being admitted, the demonstrative portrays what is in that document, but only the document goes back to the jury. It's just a demonstrative. All right. Okay, all right. Let's bring the jury in, please.
JUDGE WHEELER: I don't mind at all. Whatever is best for you. Okay.
JUDGE WHEELER: And, Miss Dugan, I know that this witness is going to continue past our lunch hour, so let's just keep an eye on a good breaking time for that.
JUDGE WHEELER: So close to noon as possible.
JUDGE WHEELER: Please be seated.