2.Waldo Mesa Nunez — Direct/Cross/Redirect
414 linesJUDGE WHEELER: Okay.
MS. CAPPLEMAN: Yes, sir.
JUDGE WHEELER: All right. we're going to take one more witness before our break.
And the State may call its next witness.
MS. DUGAN: The State calls Waldo Nunez.
JUDGE WHEELER: Waldo Nunez, please.
Mr. Nunez, if you could come up to the witness stand, please. Good morning. Before you have a seat, we're going to swear you in. Please raise your right hand. Respond to the clerk.
whereupon, WALDO NUNEZ, was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE WHEELER: Please have a seat.
WALDO MESA NUNEZ: Thank you.
DIRECT EXAMINATION BY MS. DUGAN:
MS. DUGAN: Good morning, Mr. Nunez.
WALDO MESA NUNEZ: Good 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?
WALDO MESA NUNEZ: From 2014 to 2017.
MS. DUGAN: Sir?
WALDO MESA NUNEZ: 2014 to 2017.
MS. DUGAN: Okay. And during that time, did you work the day shift or the evening shift?
WALDO MESA NUNEZ: Evening shift.
MS. DUGAN: Okay. Would that have been from about 4:00 p.m. to about 10:00 p.m.?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: So whenever someone would come into Comfort Rental Car, as the person who worked the front desk, if they came on 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've left a couple of items up on the witness stand for you. They've been premarked and shown to defense as State's Exhibit 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 you have to -- 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 it 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 Rental 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 the GPS information and other documentation with the agreements.
JUDGE WHEELER: Any objection?
MS. KAWASS: No, Your Honor.
JUDGE WHEELER: Be admitted as State's Exhibit 70 and 71.
(State's Exhibit No. 70, 71 received in evidence.)
MS. DUGAN: Thank you.
All right. Permission to publish?
JUDGE WHEELER: You may.
BY MS. DUGAN:
MS. DUGAN: All right. So did you have an opportunity to go look at these two agreements before court today? And were you able to identify which one came first?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: Okay. which one came first?
WALDO MESA NUNEZ: The one in the bottom.
MS. DUGAN: This one?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: Okay. I'll ask you about that one first.
WALDO MESA NUNEZ: well, when I said bottom, I meant -- yes, that one.
MS. DUGAN: Okay. And I actually have a -- if you want to point something out to the jury, here's a pointer.
All right. what's the name of the person who rented this car?
WALDO MESA NUNEZ: It would be on the top there. Sigfredo Garcia.
MS. DUGAN: All right. And this is the address he gave you and the phone number that he gave you?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: All right. And up here, this is the Comfort Rental Car address and information?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: what type of car did he rent?
WALDO MESA NUNEZ: It would be a Nissan Altima.
MS. DUGAN: What color was it?
WALDO MESA NUNEZ: Silver.
MS. DUGAN: And right below the word silver, what's that?
WALDO MESA NUNEZ: The license plate.
MS. DUGAN: Okay. And then what date did he rent this car at Comfort Rental Car?
WALDO MESA NUNEZ: So it will be this day right here Cindicating.)
MS. DUGAN: Is that June 2nd, 2014?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: what does this mean?
WALDO MESA NUNEZ: So that would be a deposit that they had to pay if they were paying cash. That's the days that they rented the vehicle for and the daily rate.
MS. DUGAN: Okay. So he rented the car for three days at $49 a day. And then you said that this would denote that he paid cash for it and he had to put down a deposit?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: what do we see here on the bottom of the page?
WALDO MESA NUNEZ: what was that?
MS. DUGAN: what do we see here on the bottom of the page? I guess, does the person renting have to sign here?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: what does this mean?
WALDO MESA NUNEZ: That means that they had to return the vehicle on that date.
MS. DUGAN: On June 5th, 2014, was when the three-day rental was due?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: And what time was it due?
WALDO MESA NUNEZ: 8:50 p.m.
MS. DUGAN: what time was the car rented on June 2nd of 2014 by Sigfredo Garcia?
WALDO MESA NUNEZ: It will be that time at the end of the contract. Right there Cindicating.)
MS. DUGAN: Okay. And how do you know that?
WALDO MESA NUNEZ: Because usually that's when I started writing the contract -- that's when you put the time.
MS. DUGAN: Okay. So when a customer comes in to rent a car, you pull out the contract and you start writing it, that's when you put the time down?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: Okay. And the car would be due at that same time but in three days' time?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: All right. And then are all the rentals at Comfort Rental Car that y'all do kind of in 24-hour increments like that?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: Okay. what do we see here?
WALDO MESA NUNEZ: That's a receipt for the deposit.
MS. DUGAN: So this is the receipt he would have received when he gave $500 cash?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: when someone comes in to rent a car, do you get a copy of their driver's license?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: Okay. This driver's license that's attached to this paperwork, was this the driver's license that you got from Sigfredo Garcia when he came in on June 2nd to rent that car?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: All right. I'm now going to show you State's 71. This is the second agreement. who rented this -- who rented the car in this second agreement?
WALDO MESA NUNEZ: The same person that rented the first car.
MS. DUGAN: Okay. Gave you the same phone number as before?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: what type of car did he rent in this agreement?
WALDO MESA NUNEZ: That would be a Hyundai Sonata.
MS. DUGAN: Okay. Same amount on the deposit line as on the first agreement?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: what date did he rent the Sonata?
WALDO MESA NUNEZ: June 3rd, 2014.
MS. DUGAN: Okay. So the next day --
WALDO MESA NUNEZ: Next day.
MS. DUGAN: -- after that first agreement?
what day was the blue Hyundai Sonata due back?
WALDO MESA NUNEZ: June 5th, 2014.
MS. DUGAN: Right here Cindicating)?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: And at 8:50 p.m.?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: So does this look kind of like the same information, same cost here, as in 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, on the second contract?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: 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, that silver Nissan Altima, was exchanged the next day for another car, a blue Hyundai Sonata?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: Okay. And it was due back, still, though, at that same time, June 5th at 8:50, the same three days' time from the time that the first car was rented?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: And you said at that point that Comfort Rental had GPS locations on their cars. 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 was a name associated with that.
WALDO MESA NUNEZ: That's the name of the person who owned the account, I believe. The GPS account or manager in the rent a car.
MS. DUGAN: Okay. That was the manager --
WALDO MESA NUNEZ: Yes.
MS. DUGAN: -- at the rental car place?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: Okay. So that would have been the person whose name is on the account who pulled the information?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: Okay. And these are the different locations, addresses that the car was located at throughout its rental?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: Those are all my questions about the rental agreements.
I did have one more question for you, though. I'm going to show you what's been moved into evidence as State's 65.
WALDO MESA NUNEZ: Okay.
MS. DUGAN: Did I give you an opportunity to look at that citation just now?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: Okay. Let's -- and I showed you this before court today?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: You were not -- you said that you work for the Florida Highway Patrol. Are you a trooper with the Florida Highway Patrol?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: You were not the trooper who issued this traffic citation, right?
MS. DUGAN: To this man, Luis Rivera?
WALDO MESA NUNEZ: Yeah, I'm not the trooper who issued that citation.
MS. DUGAN: Okay. I just want to ask you, though --
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 author.
JUDGE WHEELER: She hasn't asked any question yet, so I don't know what the questions is. So overruled.
BY MS. DUGAN:
MS. DUGAN: Does the Florida traffic citation have any -- 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: AITl 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.
BY MS. DUGAN:
MS. DUGAN: Okay. I want to ask you, specifically -- so on here it doesn't say whether he was alone, with one other person or 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. I know it's very small print. You had an opportunity to look at it today, though, right? And you said that this box says 16 passengers and it's checked no?
WALDO MESA NUNEZ: Uh-huh.
MS. DUGAN: Okay. Is there such 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. And he's a highway -- he works for Florida Highway Patrol. He can testify to that.
You can proceed.
WALDO MESA NUNEZ: Okay. Can you repeat the question again?
BY MS. DUGAN:
MS. DUGAN: Do 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 in the driver's license.
MS. DUGAN: Okay. So it's not a commercial vehicle?
WALDO MESA NUNEZ: Uh-huh.
MS. DUGAN: It's not a hazardous materials vehicle, it's not a 16-passenger van, it's not a motorcycle?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: That's all. Thank you.
JUDGE WHEELER: Cross-examination.
MS. KAWASS: Thank you, Your Honor.
CROSS- EXAMINATION BY MS. KAWASS:
MS. KAWASS: Good afternoon. Should I call you officer now?
WALDO MESA NUNEZ: No. No. No.
MS. KAWASS: Oh, okay. Good afternoon, Mr. Nunez. How are you doing today?
WALDO MESA NUNEZ: Pretty good. And 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? Do you still live there?
WALDO MESA NUNEZ: I 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 Rent a Car in all directions?
MS. KAWASS: Over thousands?
WALDO MESA NUNEZ: Yes.
MS. KAWASS: Okay. That includes homes?
WALDO MESA NUNEZ: Yes.
MS. KAWASS: On the outskirts of Miami International Airport?
WALDO MESA NUNEZ: Yes.
MS. KAWASS: 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, no.
MS. KAWASS: Not even close. So when you worked -- Comfort Rental Car back in 2014 was pretty busy, right?
WALDO MESA NUNEZ: Yes.
MS. KAWASS: Because it's one of the rent-a-cars that services the airport, right?
WALDO MESA NUNEZ: what was that?
MS. KAWASS: It's one of the airport -- one of the rent-a-cars that's close to the airport?
WALDO MESA NUNEZ: Yes.
MS. KAWASS: Okay. You guys get business for 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: I don't know.
MS. KAWASS: Hundreds?
WALDO MESA NUNEZ: Probably.
MS. KAWASS: Probably. 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 Rent a 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 records of cameras in the business.
MS. KAWASS: Okay. Do you know if there were 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 -- okay. So I am going to show you what has been marked as State's Exhibit Composite, I think, 71. Okay. And you filled this out, correct?
WALDO MESA NUNEZ: Yes.
MS. KAWASS: Now, what does that say?
WALDO MESA NUNEZ: That on top?
MS. KAWASS: Right there, yeah.
WALDO MESA NUNEZ: Day, time in.
MS. KAWASS: 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: And even though you're looking down here, you're saying that this was your regular course to just do 24 hours?
WALDO MESA NUNEZ: Yes.
MS. KAWASS: But you can't say with a hundred percent certainty that that's the time that he came in there?
WALDO MESA NUNEZ: Not a hundred percent.
MS. KAWASS: Okay. And then, so, the next day, if we're going by what you're saying on the other rental car, is your testimony that he came in at the exact same time the very next day to change out the car?
WALDO MESA NUNEZ: I can't say he came in at the same exact time.
MS. KAWASS: Okay.
WALDO MESA NUNEZ: The time that you see there is the time that the vehicle is due in. So I go by the first contract.
MS. KAWASS: Okay. But it's not a situation where everybody has the same due date at the end of the day?
WALDO MESA NUNEZ: I don't understand the question you're asking.
MS. KAWASS: Because what I'm asking here is, you're testifying to the jury that you put this within 24 hours of when you believe the person came in?
WALDO MESA NUNEZ: Yes, the first time.
MS. KAWASS: Okay.
WALDO MESA NUNEZ: Yes.
MS. KAWASS: So you can't say what time he came in on this day?
WALDO MESA NUNEZ: I can't say by looking at that. I just put there the time that the vehicle is due back, so...
MS. KAWASS: So you won't be able to tell what time he came in on this day?
WALDO MESA NUNEZ: On the second time that he got the second vehicle? No.
MS. KAWASS: Okay. Now, you said that you are a Florida Highway Patrol officer now, right?
WALDO MESA NUNEZ: Yes.
MS. KAWASS: How long have you been doing that?
WALDO MESA NUNEZ: It's about a year and half now.
MS. KAWASS: 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: were 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's up to him, right?
WALDO MESA NUNEZ: Yes.
MS. KAWASS: And we'd 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, the best person to ask would be him, right?
WALDO MESA NUNEZ: Yes.
MS. KAWASS: Do you know if he's a listed witness in this case?
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: The contracts?
MS. KAWASS: On the contract, yeah. How many months, years after were you approached?
WALDO MESA NUNEZ: So I rented the 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: Can I refer to my notes? Because I have the -- when they came to see me at the rental car, that's the day.
MS. KAWASS: Correct. And that's the first time you ever knew about this case --
WALDO MESA NUNEZ: Yes.
MS. KAWASS: -- is when some detectives -- and they identified --
WALDO MESA NUNEZ: I don't know the date 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 what he's looking at. But if the State has no objection.
JUDGE WHEELER: Is this your own personal notes?
WALDO MESA NUNEZ: No. This was 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.
BY MS. KAWASS:
MS. KAWASS: Okay. Because I don't want you substituting anything.
WALDO MESA NUNEZ: It wasn't the same year, if 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 as police officers?
WALDO MESA NUNEZ: They did -- did identify, yes.
MS. KAWASS: 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. I don't know anything about the case.
MS. KAWASS: Oh, no. Just the rental.
WALDO MESA NUNEZ: Yes.
MS. KAWASS: The things that you have knowledge of about this case. Because your knowledge is only limited to those rental car agreements?
WALDO MESA NUNEZ: Yes.
MS. KAWASS: 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: Yes, sir.
REDIRECT EXAMINATION BY MS. DUGAN:
MS. DUGAN: So I just want to be clear. You're saying that when Sigfredo Garcia came in to exchange the car for the second contract, you don't know what time he came in to exchange that car because it's due back at the same time and the same date as this first contract?
WALDO MESA NUNEZ: Yes.
MS. DUGAN: So you don't know what time he came in and did the exchange?
MS. DUGAN: Y'all just said, Hey, do it the same time as the first car you were in?
WALDO MESA NUNEZ: Uh-huh. Exactly.
MS. DUGAN: First contract, though, you said you do know what time that he rented this car on June 2nd because it's due exactly three days from the time that he 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 you'll fill out the contract?
WALDO MESA NUNEZ: Yes. At the time I start writing the contract.
MS. DUGAN: The time you started writing the contract for him?
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 -- just a moment. 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.
JUDGE WHEELER: All right. Can we release the witness?
MS. DUGAN: Yes, sir.
JUDGE WHEELER: Okay. All right. Thank you. You're free to go.
WALDO MESA NUNEZ: Thank you.
JUDGE WHEELER: Have a good day.
All right. we're going to take our break now. About 15 minutes -- 10 to 15 minutes. we'll start back up at five to 11:00. 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. All right. The deputy will take you back.
we're still in session, so please remain quiet in the courtroom.
(Jury exits.)
JUDGE WHEELER: All right. Jury's out of the courtroom. The door is closed. 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.
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 next week. Okay?
MS. CAPPLEMAN: Yes, Your Honor.
JUDGE WHEELER: Okay. All right. we'll be in recess until about five to 11:00. And we'll be back to continue testimony at that time.
(A recess was had.)
JUDGE WHEELER: All right. Ms. Dugan, did Ms. Cappleman step outside?
MS. DUGAN: She did. But we can continue without her. This is my witness next.
JUDGE WHEELER: Okay. All right. Anything before we bring the jury in, Ms. Dugan?
MS. DUGAN: well, this is Sergeant Corbitt. He has a summary to show the jury. Part of his summary -- or one part of it is a traffic citation that we have -- is a certified business record. I believe the defense has no objection. But I'd ask to move it in at this time. This is State's 85. And then we would be publishing it and showing it to the jury through his presentation.
JUDGE WHEELER: All right. 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 to but no objection.
JUDGE WHEELER: Okay. All right. So State's 85 is admitted into evidence.
(State's Exhibit No. 85 received in evidence.)
JUDGE WHEELER: And then you're using a demonstrative with this witness?
MS. DUGAN: We have a summary, Judge, that I'll be moving into evidence with this witness.
JUDGE WHEELER: Okay.
MS. DUGAN: There is a PDF copy in a notebook that will be in evidence. And then he's going to be presenting it via a PowerPoint presentation for the jury.
JUDGE WHEELER: All right.
MR. DECOSTE: Your Honor, my only hope -- and I don't know if this will be an issue, but there are certain things that are contained within the slide-show that may or may not be in evidence yet.
MS. DUGAN: I'm not aware of what.
MR. DECOSTE: Okay. Just want to -- there's a lot of stuff in there. This is hundreds of pages. I just want to make sure that if something is in the demonstrative that it's actually in evidence and we lodge any objection before it's shown to the jury.
JUDGE WHEELER: All right.
MS. DUGAN: well, I've given them a copy a long time ago. There's a copy here. If there's anything, specifically, they can find. I don't know of anything, but...
JUDGE WHEELER: All right. well, it's -- the notebook that you've put into evidence.
MS. DUGAN: I haven't entered it yet, Judge. It's going to be State's --
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.
MR. DECOSTE: Just so I'm understanding this directly. The demonstrative, we object to that going back to the jury. The actual slide-show --
JUDGE WHEELER: Demonstratives do not go back to the jury.
MR. DECOSTE: Okay. I just want to make sure that I understood what was happening correctly.
JUDGE WHEELER: Right. 73 is going to be exhibit. That's going to be authored for admission into evidence. 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.
MR. DECOSTE: Okay. Understood. Thank you.
JUDGE WHEELER: All right. Okay.
All right. Let's bring the jury in, please.
Ms. 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.
MS. DUGAN: Yes, sir.
JUDGE WHEELER: So as close to noon as possible.
(jury enters.)