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you back in an hour.

(Lunch recess.)

THE COURT: All right. We ready to resume,

Ms. Corey?

MS. COREY: May I just let my witnesses -- my

victims' families know what's coming up just to

give them fair warning?

THE COURT: Yes.

MS. COREY: Thank you. We're ready, Judge.

THE COURT: All right. Bring the jurors back

in, please.

(Jury in at 1:10 p.m..)

THE COURT: All right. Welcome back,

everybody. We're ready to resume. You can resume

your seats and state is ready to call their next

witness.

MS. COREY: Yes, Judge. The state calls

Phillip Miranda.

THE COURT: Phillip Miranda, please. Good

afternoon, Mr. Miranda. If you'll come forward to

the front, all the way up to the front and raise

your right hand, please, and the clerk will

administer the oath.

PHILLIP MIRANDA,

having been produced and first duly sworn as a witness

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on behalf of the State, testified as follows:

THE WITNESS: Yes, ma'am.

THE COURT: All right, sir, if you'll come

right around here and have a seat for me. And you

can adjust that microphone as you need and be sure

to speak directly into it and keep your voice up so

we can all hear you, all right?

THE WITNESS: Yes, sir.

THE COURT: Thank you very much. Ms. Corey.

DIRECT EXAMINATION

BY MS. COREY:

Q State and spell your name for the record,

sir.

A It's Phillip J. Miranda.

Q What is your occupation?

A I'm a crime scene investigator with the

Brevard County Sheriff's Office.

Q How long have you been a crime scene

investigator?

A Approximately two-and-a-half years.

Q Okay. And in that capacity can you go back

and tell the jurors about your educational background

prior to becoming a crime scene investigator?

A I have an Associate's in Criminal Justice

from Valencia Community College and a Bachelor's in

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Arts in Criminal Justice from the University of Central

Florida.

Q All right. And what was your specialty when

you got your Bachelor's?

A My specialty was criminal justice but I also

have a certificate in crime scene investigations.

Q Okay. And what did that involve, the study

that you made of crime scene investigations?

A It just involved pretty much handling of

evidence and photographing, documenting scenes. I took

a few classes on interviews, interrogations,

anthropology, that sort.

Q I'm sorry. I did not mean to talk over you.

Finish your answer.

A I'm finished.

Q Okay. Are you a sworn law enforcement

officer?

A No, I am not.

Q Now does the Brevard County Sheriff's Office

differ from the Jacksonville Sheriff's Office in that

they use crime scene investigators, literally C.S.I.'s,

to do crime scene work?

A Yes.

Q Are there any sworn officers who are a part

of your C.S.I. unit?

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A Only my supervisor.

Q And do you work under his supervision?

A Yes, I do.

Q Once you went to work for the Brevard County

Sheriff's Office, did you acquire more on-the-job

training as well as classes?

A I received a 16 weeks training as part of

being employed with the Sheriff's Office.

Q How do you respond to scenes in general? How

are you contacted?

A Via telephone. I'm usually on-call and then

if something happens and I'm requested they would give

me a call to respond to the scene.

Q So on a particular Saturday could you be home

and then get a call to respond to a scene?

A Yes.

Q And have you had training in digital

photography?

A Yes. That was part of the 16-week training

program.

Q And how about packaging physical evidence?

A That was also part of the 16-week training

program.

Q Now if a crime occurred outside of your

county would you rely on both your detectives and the

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2145

detectives from the other county to indicate to you

what they would like to be done?

A Yes.

Q Do you ever make that decision on your own as

to what to process or not to process?

A At times I do but since it wasn't our

investigation I did not make that decision.

Q All right. And let me take your attention

back to Saturday, November 24th of 2012. Did you

become involved in an investigation that originated out

of Jacksonville, Duval County, Florida?

A Yes.

Q Were you called to a home in Brevard County?

A Yes, I was.

Q And as part of your job as a C.S.I. do you

make notes in the normal course of your business?

A Yes, I do.

Q And do you then put those notes into an

official police report that stays with Brevard County?

A Yes.

Q And did you all furnish those reports to the

lead detective, Mark Musser, of the Jacksonville

Sheriff's Office?

A Yes.

Q Do the Brevard County reports bear their own

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case number pursuant to Brevard County procedures?

A Yes, they do.

Q And when you take those notes and put those

into an official report, do they accurately reflect the

work that you did on a case?

A Yes.

Q What do you do with your digital photographs?

A They are forwarded to our records unit over

in Brevard County, and they were also forwarded to the

Jacksonville Sheriff's Office.

Q Thank you, sir. And then with regard to any

physical evidence that you processed that day, would

you have packaged that and put it into your own

property room or did you turn it over to the

Jacksonville Sheriff's Office?

A They were turned over to the Jacksonville

Sheriff's Office.

Q Now let me take your attention to that day.

What time were you called?

A At approximately 4:30 p.m..

Q And what time did you arrive at this

residence?

A At approximately 5:15 p.m..

Q Where in Brevard County is the residence to

which you responded?

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2147

A It was at 257 Ocean Residence Court in

Satellite Beach, Florida.

Q And is Satellite Beach literally on the

ocean?

A Yes.

Q Okay. But it's part of your jurisdiction?

A Yes, it is.

Q And your agency covers the entire county of

Brevard County?

A Yes.

Q Did you have anything to do with the actual

takedown or arrest of Michael Dunn?

A No, I did not.

Q Was that done outside of your presence?

A Yes, it was.

Q And then were you asked to take photographs

of the vehicle that was in his garage at that location?

A Yes, I was.

Q Okay. And did you take photographs once you

opened the garage door? Did you take those photographs

after opening the garage door?

A I took them while the door was down and then

after the garage door was up.

Q I'll show you those photographs in just a

moment, and then did you limit your investigation or

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your part of the investigation to the garage itself,

just outside of the garage and the vehicle that was in

the garage?

A Yes.

Q Did you ever have any need to go inside that

residence at all?

A Just to make my way into the garage.

Q Okay. Now I'm going to show you a series of

photographs, sir, that are in evidence so we'll start

with state's 98 in evidence. Tell the jurors what that

is.

A That would be the outside of the residence.

Q Okay. And the address that's the inset

portion of that to which of those garage doors does it

pertain?

A To the left-hand side.

Q And did you understand that to be the

residence of Mr. Dunn?

A Yes.

Q Okay. And you took this picture prior to

going into the garage?

A Yes.

Q And you said -- well, then did you enter the

house to come around and open the door?

A Yes, I did.

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2149

Q Okay. Let me show you state's exhibit 99 in

evidence. Explain that photograph to the jury.

A That would be a photograph of the vehicle

once the garage door was open.

Q Did you see any damage to the rear end of

this vehicle, on Michael Dunn's vehicle?

A No, I did not.

Q Okay. Let me show you, sir, state's

exhibit 100 and explain that to the jury.

A That would be the front driver's side of the

vehicle.

Q Did you see any damage to the front driver's

side of Michael Dunn's vehicle?

A No, I did not.

Q State's exhibit 101 in evidence, is that both

a photo of the back of the vehicle and a close-up of

the tag?

A Yes, it is.

Q And what was the tag number that you

documented in that photograph?

A 937VMV.

Q All right, sir.

MS. COREY: And, Your Honor, at this time may

I display the evidence that was put in earlier, the

brown bag with that tag number on it?

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2150

THE COURT: Yes, ma'am.

MS. COREY: So the jurors can see it while

this photo is up? And I'm referring to state's

exhibit 170 in evidence. Thank you.

BY MS. COREY:

Q Detective, let me ask you then to look at the

next photograph, number -- hold on. My eyes can't see

that far. 102, and describe that to the jury, please.

A That would be the rear driver side of the

vehicle.

Q All right. Did you ever see any damage to

this portion of Michael Dunn's vehicle?

A No, I did not.

Q State's 103 in evidence?

A That is the interior side of the front

driver's side door.

Q Were all of the exterior photographs taken

before you yourself opened that door?

A Yes.

Q Okay. Now let me ask you this: Were you

ever asked at all to process the outside of Mr. Dunn's

vehicle?

A No, I was not.

Q Were you ever asked to look for fingerprint

evidence on the outside of his vehicle?

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2151

A Nope.

Q Were you asked to look for any stray evidence

of a shooting on the outside of his vehicle?

A No, I was not.

Q All right. Did you limit your portion of

this case to photographing and looking inside the

vehicle?

A Yes, I did.

Q Okay. Let me take you then to state's

exhibit 104. Describe that area to the jury.

A That is the front driver's side seat and

floorboard.

Q Okay. And now when we were preparing for

trial on state's exhibit 105 -- oh, it's in the wrong

spot. 105 is the original photo I showed you last

night, and what did we notice?

A We noticed that the square was in the wrong

spot.

Q The little square?

A Yeah, the little square.

Q All right. But the picture itself is

accurate, is that correct?

A Correct.

Q And the big square is accurate. It's just

turned slightly?

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2152

A Correct.

Q Okay. So now let me go to 105-R which is

just the revised red boxes. Can you explain to the

jury where -- what you found in that location in

Mr. Dunn's driver's floorboard area?

A I located a cartridge casing.

Q Okay. And is it hard to see in that little

square?

A Yes, it is.

Q Okay. So does the inset photo in state's

105-R accurately reflect that shell casing?

A Yes, it does.

Q And did it run along the bottom portion of

the mat as opposed to the side portion?

A Yes.

Q So 105-R is the accuracy with regard to the

red boxes but the picture is the same, is that correct?

A That is correct.

Q Thank you, sir. And then did you take a

close-up of the shell casing itself?

A Yes, I did.

Q And is the purpose of 105 and 105-R to show

the casing in relation to the seat?

A Yes, it is.

Q Okay. Now the close-up, of course, 106, can

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2153

you tell the jurors what the object to the left --

first circle the shell casing.

A (Marks photograph.)

Q Okay. Now tell them what the object to the

left is.

A That would be the floor mat of the driver's

side floorboard.

Q And what's the object to the right of the

shell casing?

A That is a portion of the drive's side seat.

Q And did you remove that shell casing and

preserve it for evidence?

A Yes, I did.

Q Okay. Let me take you to state -- would you

erase? Thank you so much. State's 107, what portion

of the vehicle is this?

A That is the rear passenger side of the

vehicle.

Q Did you see any damage to the rear passenger

side of the vehicle?

A No, I did not.

Q State's exhibit 108, can you tell the jurors

why you took a photograph through the right passenger

window?

A I took that photograph because that is what I

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2154

saw once I focused my attention to the driver's side or

the passenger side of the vehicle.

Q Was that glove box open when you got there?

A Yes, it was.

Q And is that photograph through the closed

window of the right passenger door?

A Yes.

Q Let me take you then to state's 109 and

explain your orientation on this photograph.

A That is the firearm that I noticed inside the

glove box, and I was outside the vehicle again with the

window closed.

Q Okay. Why would -- why would you take the

photos from outside the vehicle?

A To show that that is what I first saw when I

approached that side of the car.

Q Had anyone in your presence opened this right

passenger's door prior to you taking these photos?

A To my knowledge, no.

Q Okay. And then did you open the door?

A Yes, I did.

Q Let me show you state's 110 in evidence and

ask you to explain that photograph to the jury.

A That is the front passenger seat floorboard

and the open glove box with the firearm inside the

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2155

glove box.

Q Did you touch any of the items in the glove

box prior to taking this photograph?

A No, I did not.

Q State's 111 in evidence?

A That is a photograph of the firearm inside

the glove box.

Q And what type of firearm is that, sir?

A It was a Taurus -- Taurus handgun,

nine-millimeter.

Q Is that considered a semiautomatic weapon?

A Yes, ma'am.

Q Okay. And let me take you then to state's

exhibit 112, and can you explain that composite exhibit

to the jury?

A When I removed the firearm from the glove box

I placed it in an evidence gun box and I took a

photograph of both sides of the firearm while it was in

the holster.

Q And for further explanation the sort of

grayish background with the small dots, explain to the

jury what that is.

A That is the gun box that I sealed the gun in.

Q All right. And that would be a front and

back photograph in number 112?

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2156

A Yes, ma'am.

Q All right. Let me show you state's

exhibit 113 and ask you to explain that composite

photograph to the jury.

A That's a photograph of the firearm once I

removed the holster, and it was also inside of the gun

box.

Q And at this time had you done anything with

the magazine?

A No, ma'am.

Q State's 114 in evidence, can you explain that

photograph to the jury?

A Those are the identifying marks on the

handgun.

Q And what are those identifying marks?

A It's a Taurus PT-99 AF nine-millimeter Pilot

and the serial number right below that.

Q And can you read off that serial number?

A THB16107.

Q And at this point had you removed the

magazine from that gun?

A No, ma'am.

Q State's 115 in evidence, can you explain that

composite photograph for the jury?

A That would be a photograph with the magazine

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2157

removed from the gun.

Q And is that both the front and back view of

that magazine?

A Yes, ma'am.

Q State's 116, that photograph?

A Those are the five cartridges removed from

the magazine.

Q Were those the only live rounds that you

removed from that magazine?

A Yes, ma'am.

Q And at this point did you do any further

searching of the glove box?

A No, ma'am.

Q To look for any more ammunition?

A No, ma'am.

Q Were you aware that this vehicle was going to

be turned over to the Jacksonville Sheriff's Office?

A Yes, I was.

Q State's 117 in evidence, can you explain that

photograph to the jury?

A That is the head stamp of one of the

cartridges removed from the magazine.

Q And explain to the jury what you mean by a

head stamp.

A The head stamp identifies the manufacturer

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2158

and the caliber of the bullet or the cartridge.

Q And can you read the head stamp to the jury

that's displayed in the photograph?

A It's wood nine-millimeter Luger.

Q With regard to state's exhibit 118, explain

that photograph composite to the jury.

A That's a photograph of the firearm with a

measuring device on the bottom of the photograph and

the slide locked back.

Q Okay. Explain to the jury what you mean by

having the slide locked back.

A The top portion of the firearm was locked in

the back position just to show that it was safe and was

not loaded.

Q Okay. And did you have any problem with the

mechanism on the slide?

A No, I did not.

Q In that position? And with regard to state's

exhibit 119, explain that exhibit to the jury.

A That is the front and back photograph of the

holster.

Q State's exhibit 120?

A Those are the five cartridges removed from

the magazine with the measuring device.

Q What type of measuring device is that?

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2159

A It's just a scale that we use.

Q And in what format is it, inches, metric?

A Centimeters.

Q Centimeters. Thank you, sir. And with

regard to state's exhibit 121 in evidence, can you

explain that composite exhibit to the jury?

A That would be the hollow point projectile of

each cartridge and the head stamps of each cartridge.

Q State's 122?

A That is the cartridge casing I located on the

driver's side floorboard.

Q From your purpose of searching the inside of

the vehicle, is this the only shell casing that you

found?

A Yes, it was.

Q And for your purposes of looking at the

inside of the vehicle and just the gun that you found,

is that -- were those live rounds the only ones you

found, the ones that were inside of the magazine?

A Yes, they were.

Q Were you asked to do any more thorough of a

search than that?

A No, ma'am.

Q When you removed those items -- and let me

show you state's -- I'll be showing you another exhibit

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2160

in just a moment. Did you package them yourself?

A Yes, I did.

Q Did you put your initial on those packages?

A Yes, I did.

Q What time do you think you left the scene,

the residence?

A It was at approximately 6:30 p.m..

Q Did you keep those items in your custody when

going down to the Brevard County Sheriff's Office?

A Yes, they were.

Q And did you document what you had actually

packaged and were going to be turning over to the

Jacksonville Sheriff's Office?

A Yes.

Q Okay. How did you document that?

A I documented it on a Brevard County Sheriff's

Office property receipt.

Q And does your receipt reflect that all of the

items you've just testified to in front of this jury

were put into evidence and then turned over to the

Jacksonville Sheriff's Office?

A Yes.

Q Did your department also turn the entire

vehicle over to the Jacksonville Sheriff's Office?

A Yes.

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2161

Q Were you asked to drive that vehicle back to

Jacksonville?

A No, I was not.

Q To your knowledge how was that vehicle going

to be transported from Satellite Beach to Jacksonville,

Florida?

A It was to be towed.

MS. COREY: Your Honor, at this time I'd like

to offer the items that were depicted into

evidence, and I've shown Officer Rupert the -- it's

a composite exhibit. It's state's 194 and it is

locked and also there is a strap through the gun

and he's checked that for me. He actually took the

gun out and checked it.

THE COURT: All right. So you need him to

help you display it?

MS. COREY: I would love that, yes.

THE COURT: All right. Officer Rupert, if you

will do that and we'll publish those items to the

jury.

MS. COREY: Mr. Strolla, you've seen this,

right?

MR. STROLLA: I have seen it.

MS. COREY: Judge, Mr. Strolla has seen this

exact exhibit before.

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2162

THE COURT: All right.

BY MS. COREY:

Q So this is state's 194.

MS. COREY: May Mr. Miranda step down, Your

Honor?

THE COURT: Yes, ma'am.

BY MS. COREY:

Q All right. Mr. Miranda, I'm going to ask you

-- I'm going to pull this box out and I'm going to ask

you to show these items.

MS. COREY: May we put it up, Your Honor?

THE COURT: Yes, ma'am.

MS. COREY: And I'll ask Officer Rupert to

stand by.

BY MS. COREY:

Q Let me ask you to start with the holster. Is

that the holster that you just showed the jury?

A Yes, it is.

Q And does that holster have a strap on it?

A It has a clip on the back.

Q Just a clip. And what is the purpose of the

clip?

A To clip is to put something on your belt or

some portion on your person.

Q Is there anything about that holster that

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2163

would impede a person from pulling the gun straight

out?

A No, ma'am.

Q And the next exhibit is the shell casing. Is

that the shell casing you found on the floorboard?

A Yes, ma'am.

Q Did you attempt to do any processing or

preserving of that other than packaging it and turning

it over to the Jacksonville Sheriff's Office?

A No, ma'am.

Q Okay. And this next item, please?

A That would be the five cartridge casings

located in the magazine.

Q All right. And then let me ask you to take

the magazine out. It's on a little dowel. I'll tell

you what, we'll leave it in there. You explain this to

the jury then.

A That would be the magazine that was located

in the magazine well of the firearm.

Q Now in the photograph that showed bullets

coming out of the top, can you explain why it would

show a bullet up at the top?

A Because the magazine is loaded with the

cartridges and every time the trigger is pulled on the

firearm a shot is fired and a cartridge would be

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2164

automatically loaded into the chamber of the firearm.

Q Is it fair to say that's done by a spring

action?

A Yes, ma'am.

Q All right.

MS. COREY: And then, Officer Rupert, if you'd

pull the gun out for me, please. Thank you.

BY MS. COREY:

Q And, sir, is this the Taurus nine-millimeter

that you removed from Michael Dunn's glove box?

A Can I hold it?

Q Please.

A Yes, ma'am, it is.

Q I need you to speak up so our court reporter

can hear you.

A Yes, it is.

Q And does it bear the same serial number and

description that you testified to earlier?

A Yes, it does.

MS. COREY: Your Honor, may I display?

THE COURT: Yes, ma'am.

MS. COREY: And, Judge, I'm going to turn it

around and walk it back if that's all right with

the Court?

THE COURT: Yes, ma'am.

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2165

MS. COREY: To see both sides. Thank you.

Would you, please?

THE COURT: Once again, ladies and gentlemen,

this will be an exhibit that you'll also have an

opportunity to review later. It will be put back

in the box and locked obviously but you will be

able to view it from whatever side you want to.

MS. COREY: May I ask just a question? Do you

need this left out?

MR. STROLLA: I don't need it out. You can

slide it in. I don't need it out.

MS. COREY: Thank you. May I have just a

second, Your Honor?

THE COURT: Yes, ma'am.

MS. COREY: Okay. It's locked.

BY MS. COREY:

Q Mr. Miranda, did you have any further

involvement in this case?

A No, I did not.

MS. COREY: Thank you so much. Thank you,

Your Honor.

THE COURT: Mr. Strolla, cross.

MR. STROLLA: May it please the Court, Judge?

THE COURT: Yes, sir.

CROSS EXAMINATION

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2166

BY MR. STROLLA:

Q Technician Miranda, how are you doing today?

A Good. How are you?

Q Good. You testified with Ms. Corey that you

graduated University of Central Florida in 2009,

correct?

A Correct.

Q And it's not a specialty. You graduated with

a major of Criminology?

A Criminal Justice.

Q Criminal Justice. Kind of synonymous terms?

A Sure.

Q Okay. And then you got a certificate of

crime scene, correct?

A Correct.

Q But you weren't hired with Brevard County in

2009, isn't that true?

A No. I was not.

Q You didn't get hired until 2011?

A That's correct.

Q And you worked for Disney World for two years

before you got hired for Brevard County, correct?

A That's correct.

Q And you basically did food inventory in the

park, right?

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2167

A That's correct.

Q And as of the time that this occurred I

believe it was November 24th, 2012, is that correct?

A Correct.

Q How many homicides have you helped process or

investigate as a technician for Brevard County

Sheriff's Office?

A I would say between five and ten.

Q And out of those five and ten you were lead

on only about one, true?

A That's correct.

Q Okay. Now we see that you processed it and

you took some evidence. An agent, a homicide agent,

actually helped you process the vehicle, correct?

A That's correct.

Q And that was Agent, I believe, Simock?

A That's correct.

Q For the record S-I-M-O-C-K. And at that

point Agent Simock was pointing out evidence to you,

correct?

A Correct.

Q And you were photographing it?

A Yes.

Q And part of what you photographed is what we

have here?

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2168

A Yes.

Q Now as you explained with Ms. Corey you said

that you never took the magazine out when you took the

photographs, is that correct?

A Correct.

Q Well, when did that magazine come out?

A It came out after I photographed the -- both

sides of the gun, the firearm.

Q All right. Let me ask you this: Is it not

standard operating procedure to make sure a weapon is

free and safe and clear of a bullet in the chamber

before you pull it out of a holster?

A Yes, it is.

Q Tell the jury isn't it true Agent Simock

actually made sure it was safe and clear before you

pulled it out of the holster?

A Yes.

Q He actually took the magazine out of the gun,

isn't that true?

A That is correct.

Q And when he took the magazine out of the gun

all of those five bullets were in the magazine, is that

correct?

A The way I remember it, yes.

Q And that's what you put in your report?

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2169

A That's correct.

Q All right. So explain to the jury if you

eject that little button there and it ejects the

magazine out the bottom and there's five rounds in the

magazine, you only found five rounds total, correct?

A Correct.

Q That means nothing was in the chamber?

A That's what that would mean, yes.

Q That means the gun's not ready to fire?

A Correct.

Q All right. You'd have to then cock it to

then make a live round enter that chamber, is that

correct?

A That's correct.

Q So at that point when you found it the very

next day there was not a live round chambered in what

we call one in the hole? You familiar with that term?

A Yes, sir.

Q All right. And there was nothing in the hole

or nothing chambered?

A The way I remember it, that's correct.

Q And that would mean the gun was made safe for

somebody to handle it prior to you getting there?

A Correct.

Q And when you got there the glove box was

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2170

open, is that correct?

A That's right.

Q All right. And when you got there you said

the garage was down?

A Correct.

Q Do you know when the garage came down?

A No, I do not. It was closed when I arrived.

Q All right. Do you know if the garage was

open before you got there?

A I do not know.

Q And nobody told you that?

A Nobody told me.

Q You're just going on based on what you saw?

A Correct.

Q And what you were told?

A Yes.

Q Now who told you only to do the interior of

the Jetta?

A That would have been the homicide agents.

Q You talking about from Brevard County or

Jacksonville?

A A little of both. Mostly would have been

Jacksonville.

Q It was their investigation?

A Correct.

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2171

Q They were kind of the big dogs, it's their

back yard?

A Right.

Q Even though it's on your turf it's their

investigation?

A Right.

Q And they told you process just the interior

of the Jetta, correct?

A Just to search the interior of Jetta and to

recover the firearm and casings inside.

Q And you did that?

A Yes, sir.

Q And you took everything what you believed out

of the Jetta, correct?

A Yes.

Q Can you tell the jury what other agents in

your office found a couple days later?

MS. COREY: Objection, Your Honor.

MR. STROLLA: I'm waiting for grounds, Your

Honor.

THE COURT: Me, too.

MS. COREY: The grounds would be it's outside

of the scope of this witness' knowledge. It would

be speculation.

THE COURT: Sustained.

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2172

BY MR. STROLLA:

Q Are you aware --

THE COURT: It's also hearsay.

MR. STROLLA: Well, it's not hearsay, Judge.

BY MR. STROLLA:

Q Do you have personal knowledge if other

evidence was found in that car after you searched it?

A Yes.

Q And what was found in that car?

THE COURT: Well, hang on. Ms. Corey's on her

feet. Let's see what we're -- where we're going.

MS. COREY: And again, objection. He earlier

indicated by his agency. Maybe he needs to --

maybe a specific date. I tell you what, Judge, let

me withdraw my objection. It's all coming out

anyway but let me withdraw it.

THE COURT: Then go right ahead.

MR. STROLLA: Thank you, Your Honor.

BY MR. STROLLA:

Q Let me rephrase the question and repeat it.

Isn't it true that after you searched the vehicle and

found this evidence --

A Right.

Q -- your agency found an 18 -- 15 or 18-round

clip, 15 I believe, in the same vehicle you processed?

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2173

A That's correct.

Q And they found it in the same glove box where

you found all of this evidence?

A That's correct.

Q And that was after you processed it with

another homicide agent?

A After I searched, yes.

Q And -- well, did you search or did you

process it? It's kind of the same thing.

A Okay.

Q I don't want to put words in your mouth.

Would you agree?

A Yes, sir.

Q All right. You were there to process the

evidence?

A I was there to search for evidence.

Q And whatever evidence you found you processed

it?

A I packaged it, yes.

Q Okay.

A I didn't necessarily process it.

Q And you missed another clip in that same

glove box?

A Yes.

Q And that was found days later?

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2174

A Not exactly the timeframe -- not sure of the

timeframe that it was found but I do know it was found.

Q And did you secure that vehicle once you

left?

A When I left the vehicle was in the garage,

placed back in the garage.

Q So you didn't put any tape around it, you

didn't tell anybody not to drive it, the police didn't

say we want it, nothing like that?

A I didn't put tape. I was just told we were

done here and then --

Q And who told you you were done there?

A Pretty much the JSO agents.

Q And those are the Jacksonville homicide

detectives?

A Yes, sir.

Q Did they ever tell you to process the outside

of the vehicle?

A They never asked me to, no.

Q Are you aware if any evidence was found on

the outside of that vehicle?

A I do know that there was evidence found on

the outside.

Q And those were casings that somebody found on

the same vehicle that you guys walked around that day?

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2175

A Correct.

Q But nobody found it because nobody was told

to look there?

A Correct.

MR. STROLLA: Nothing further, Judge.

THE COURT: Ms. Corey.

MS. COREY: Just to clarify.

REDIRECT EXAMINATION

BY MS. COREY:

Q Do you know whether or not the further

evidence that was found was processed or found by your

department or by our Jacksonville Sheriff's Office?

A That I do not know. It's just when I was

told that it was found I must have misunderstood the

information given to me that it was found. I must have

interpreted that that person that told me found it.

Q All right, sir. But you did what you were

asked to do on that day by your detectives to whom you

answer, is that correct?

A That's correct.

MS. COREY: Thank you. No further questions,

Your Honor.

THE COURT: May he be excused?

MS. COREY: I need to know, yes, sir, because

he's an out of town witness.

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2176

THE COURT: Mr. Strolla?

MR. STROLLA: So excused, Your Honor.

THE COURT: All right. Thank you, sir.

You're excused.

(Witness excused.)

THE COURT: The state's next witness.

MR. GUY: Detective Mark Musser, Detective

M.A. Musser.

THE COURT: Detective Musser. Mr. Strolla,

your mic might be on.

MR. STROLLA: Thank you.

THE COURT: Just letting you know.

MR. STROLLA: Thank you.

THE COURT: Detective, if you'll come forward

to the front for me, please, sir. Raise your right

hand. The clerk will administer the oath.

MARK MUSSER,

having been produced and first duly sworn as a witness

on behalf of the State, testified as follows:

THE WITNESS: I do.

THE COURT: All right. Detective, if you'll

come around and have a seat for us. Be sure and

speak up loudly and directly into the microphone so

everybody can hear you, all right?

THE WITNESS: Yes, sir.