The Court (22:10):
All right, be seated. All right. So we have everyone here except for the State and the defense. Otherwise we're ready to go, right?
Speaker X (22:14):
[inaudible 00:22:15].
The Court (22:14):
All right, so Mr. Kosowski's here. Anyone know where Mr. Vonderheide is and Ms. Spadaro? Are they right outside there?
Speaker X (22:43):
Looks like, Your Honor.
The Court (22:45):
All right. They're probably going over things with witnesses or something.
Speaker X (22:47):
[inaudible 00:22:49]. Want to scoot over so she can sit there?
Mr. Kosowski (22:47):
Yeah.
Speaker X (22:47):
They're coming in, Your Honor.
The Court (22:47):
Okay. Thank you.
Speaker 1 (22:47):
This is what I made for you.
The Court (22:47):
Does the State need some extra time to go over things?
Speaker X (22:47):
No, last piece is ready for the morning.
The Court (22:47):
All right. Are there any issues we need to [inaudible 00:24:12] with before we start trial again today? State?
Speaker X (22:47):
No, Your Honor.
The Court (22:47):
Defense?
Mr. Kosowski (22:47):
Yeah.
The Court (24:18):
No? Okay. All right. State, please call your next witness.
Clerk (25:01):
Yes, Your Honor. The State would call Steven Allred.
Speaker X (25:01):
[inaudible 00:25:01]. Just let me know.
(25:01)
Okay.
(25:01)
[inaudible 00:25:01].
(25:01)
Come on, sir. Stand right here for me, sir. Face madam clerk, raise your right hand [inaudible 00:25:01].
Clerk (25:01):
Do you solemnly swear the testimony you're about to give will be the truth, the whole truth, and nothing but the truth, so help you God?
Steven Allred (25:01):
I do.
The Court (25:01):
Sir, come on over here. [inaudible 00:25:11].
Steven Allred (25:01):
Thank you.
The Court (25:16):
Good morning, sir.
Steven Allred (25:17):
Good morning, Your Honor.
The Court (25:17):
You may inquire, Ms. Spadaro.
Ms. Spadaro (25:19):
Thank you, Your Honor. Good morning.
Steven Allred (25:20):
Good morning.
Ms. Spadaro (25:21):
Will you please introduce yourself to the court and spell your full name for the record?
Steven Allred (25:25):
Steven Allred. First name, S-T-E-V-E-N. Last name, A-L-L- R-E-D.
Ms. Spadaro (25:32):
Okay. And what do you do for a living?
Steven Allred (25:33):
I am currently serving as a school resource officer for the City of Largo Police Department.
Ms. Spadaro (25:37):
Okay. And how long have you been a school resource officer?
Steven Allred (25:41):
I've been a school resource officer for a couple of years now, but I've been a police officer for 24.
Ms. Spadaro (25:46):
Okay. And how much of that time was with Largo Police Department?
Steven Allred (25:50):
All of it.
Ms. Spadaro (25:50):
All of it? So when did you get hired?
Steven Allred (25:53):
I was hired in 2002.
Ms. Spadaro (25:56):
And prior to being a school resource officer, can you walk us through the different positions you held at Largo Police Department?
Steven Allred (26:02):
I started in uniform patrol in 2002, and I served as a field training officer. I was on the agency SWAT team, officer safety instructor. I did a variety of things for 15 years. And then I moved to the investigative services division at the 15-year mark, investigated financial crimes for a few years, and then moved over to the Crimes Against Persons Unit.
Ms. Spadaro (26:27):
Okay. So were you employed with Fargo Police Department back in March of 2023?
Steven Allred (26:33):
Yes.
Ms. Spadaro (26:33):
What division were you assigned to back on the 21st of March?
Steven Allred (26:36):
Crimes Against Persons.
Ms. Spadaro (26:37):
Okay. And back on this date, did you respond to 1501 South Belcher Road in response to what was initially believed as to be a missing person?
Steven Allred (26:46):
Yes, ma'am, I did.
Ms. Spadaro (26:47):
Okay. And that's in Pinellas County, right?
Steven Allred (26:48):
Yes, ma'am.
Ms. Spadaro (26:49):
Is that where the Blanchard Law Firm is located?
Steven Allred (26:51):
Yes.
Ms. Spadaro (26:52):
And when you first arrived, did you know it would later turn into a homicide investigation?
Steven Allred (26:57):
Not when I first got there.
Ms. Spadaro (26:58):
Okay. So what was your role when you first got there?
Steven Allred (27:02):
The first thing that I was assigned to do was identify people that were working at Renati and the Tampa Bay Veterinary Specialists, interview those people, find out when they got to work, how they got into the building, where they had been in the building, and if they had noticed anything that seemed unusual to them that day.
Ms. Spadaro (27:20):
Do you recall what time you got there?
Steven Allred (27:22):
I don't recall the specific time.
Ms. Spadaro (27:23):
Okay. How long were you at that property for?
Steven Allred (27:27):
I wound up staying there until the early hours of the next day.
Ms. Spadaro (27:32):
Okay. After you conducted those interviews, did you make any attempts to look for surveillance video?
Steven Allred (27:40):
I did, yes.
Ms. Spadaro (27:41):
Okay. And where did you do that?
Steven Allred (27:42):
So we checked the businesses surrounding that address. I remember going to the little pub. They had a camera that was facing Belcher Road, but it was blurred out by the sun. Wound up going to Profusion Welding and located some video of interest there.
Ms. Spadaro (27:58):
Okay. Was additional surveillance located by other members of Largo Police Department?
Steven Allred (28:06):
Yes.
Ms. Spadaro (28:06):
And did all of that surveillance footage help lead Largo Police Department to the home of Dr. Tomasz Kosowski?
Steven Allred (28:13):
Yes.
Ms. Spadaro (28:14):
And was a search warrant obtained for his home?
Steven Allred (28:16):
Yes.
Ms. Spadaro (28:17):
That was at 511 Seaview Drive in Tarpon Springs?
Steven Allred (28:20):
Yes, ma'am.
Ms. Spadaro (28:21):
And do you recall... It was served on the 23rd of March, right?
Steven Allred (28:24):
I think so, yes.
Ms. Spadaro (28:25):
Do you recall around what time?
Steven Allred (28:27):
I don't remember what time it was. I can't remember.
Ms. Spadaro (28:34):
Daytime hours or nighttime hours?
Steven Allred (28:42):
I'm sorry, I don't remember. The last time I remember being at that residence was in the evening. We were in the process of obtaining the search warrant, I think, at that point, and I was staged at a perimeter in the neighborhood because we were concerned that he was coming back to his residence.
Ms. Spadaro (28:59):
Okay. And so your role, when you were at the property, was to work the perimeter?
Steven Allred (29:03):
Correct.
Ms. Spadaro (29:04):
And you said that you guys though that he was coming back to his residence. Why did you all think that?
Steven Allred (29:09):
There was a plate reader hit on his vehicle traveling back in that direction.
Ms. Spadaro (29:15):
Okay. Was that off the Tamiami Trail heading west?
Steven Allred (29:18):
I believe so.
Ms. Spadaro (29:19):
And was that in the car that was registered to him?
Steven Allred (29:21):
Yes.
Ms. Spadaro (29:22):
Did you ever go inside the house?
Steven Allred (29:24):
No, I did not.
Ms. Spadaro (29:24):
So it was your only involvement really to secure the perimeter and to protect the people that were inside of that perimeter?
Steven Allred (29:29):
It was just to let them know if I saw his vehicle travel, because it was one way in and one way out in his neighborhood. And so my job was to, if I saw his vehicle, come down to let them know the people that were at the scene.
Ms. Spadaro (29:39):
Did you ultimately learn what vehicle was registered to him and what vehicle was captured on that license plate reader?
Steven Allred (29:46):
I believe it was a red Toyota Corolla.
Ms. Spadaro (29:47):
Okay. And was a traffic stop conducted in Pinellas County on that red Toyota Corolla on March 25th, 2023?
Steven Allred (29:55):
Yes, ma'am.
Ms. Spadaro (29:56):
And did that occur in Tarpon Springs?
Steven Allred (29:57):
Yes, ma'am.
Ms. Spadaro (29:58):
Was it Tarpon Springs Police department who stopped that vehicle?
Steven Allred (30:01):
It was, yes.
Ms. Spadaro (30:02):
And as a member of the police department that was ultimately handling this investigation, did you go and respond to where the traffic stop was?
Steven Allred (30:11):
Yes, ma'am, I did.
Ms. Spadaro (30:12):
And when you got there, was the vehicle being processed by forensic technicians from the sheriff's office?
Steven Allred (30:17):
I don't know exactly when it started, but I know that when I arrived, I was told that they had a warrant for the car and that we needed to contact forensics so that they could process the vehicle.
Ms. Spadaro (30:26):
And did they ultimately respond?
Steven Allred (30:28):
Yes, they did.
Ms. Spadaro (30:28):
And after they did kind of a cursory processing at the stop scene, was that car ultimately towed to the forensic processing garage?
Steven Allred (30:37):
It was. It was sealed up at the location of the traffic stop, put on a flatbed, and then towed to Pinellas County's processing bay, yes.
Speaker 2 (30:46):
I object. Testimony [inaudible 00:30:50]. Those witness observations were included in the motion to suppress. I object to the testimony to preserve the issue for appellate review.
The Court (30:57):
All right. Overruled.
Ms. Spadaro (30:59):
So after it was loaded up on the tow truck, was it your job to follow that tow truck to the processing bay?
Steven Allred (31:05):
Yes, ma'am, it was.
Ms. Spadaro (31:06):
And what's the purpose of that?
Steven Allred (31:08):
Just to make sure that the tow truck driver doesn't make any stops and that nobody molests the vehicle while it's on this way to its ultimate destination.
Ms. Spadaro (31:16):
Okay. Did the tow truck driver make any stops?
Steven Allred (31:18):
No, he did not.
Ms. Spadaro (31:19):
And was the vehicle, did you see it tampered with or touched in any way before arriving to the processing garage after it was loaded on the tow truck?
Steven Allred (31:27):
No, ma'am.
Ms. Spadaro (31:27):
Okay. When you responded to the garage, did the Pinellas County Sheriff's Office forensics then also respond there as well?
Steven Allred (31:36):
Yes, ma'am.
Ms. Spadaro (31:37):
And did they continue to process the vehicle and collect evidence?
Steven Allred (31:40):
Yes, they did.
Ms. Spadaro (31:42):
Were any of the items that were collected by the Sheriff's office ultimately handed to you to be in Largo's custody?
Steven Allred (31:48):
Yes, they have, their forensics unit, I believe they have a policy that they can't take, for other agencies, they can't collect drugs or money. So if they're processing something for another agency and they come across anything that would be considered a narcotic or currency, they hand that over to the investigating agency to process.
Ms. Spadaro (32:05):
Okay. So was currency as well as a narcotic located in the vehicle?
Steven Allred (32:09):
Yes, ma'am.
Ms. Spadaro (32:10):
And were those two, I guess items, the currency and the narcotic, were those the things that were actually transferred to your custody?
Steven Allred (32:18):
Yes, ma'am.
Ms. Spadaro (32:18):
Okay. And were they photographed?
Steven Allred (32:20):
Yes.
Ms. Spadaro (32:20):
May I approach the clerk? It's been pre-marked as State's 96 for identification. May I approach?
The Court (32:38):
You may.
Ms. Spadaro (32:41):
All right. I am handing you what's been pre-marked as State's 96 for identification. Do you recognize that?
Steven Allred (32:46):
Yes, ma'am.
Ms. Spadaro (32:47):
And did you have an opportunity to review what's on that disc?
Steven Allred (32:49):
Yes, ma'am, I did.
Ms. Spadaro (32:51):
And what is it?
Steven Allred (32:52):
It is photographs of the currency and if I mispronounce it, forgive me, succinylcholine, I believe.
Ms. Spadaro (32:58):
The narcotic you're referring to?
Steven Allred (32:59):
Yes. Yes.
Ms. Spadaro (33:01):
Okay. And do those photos fairly and accurately depict the amount of cash that was located and the narcotic in the state that it was located in?
Steven Allred (33:08):
Yes, ma'am.
Ms. Spadaro (33:09):
At this time, the State would offer into evidence what's been pre-marked State's Exhibit 96 as State's 96. All right.
The Court (33:15):
And Mr. Kosowski, you object based upon the search warrant, correct?
Mr. Kosowski (33:19):
I do, Your Honor.
The Court (33:20):
All right, that's overruled. It's admitted.
Ms. Spadaro (33:22):
So I want to talk about the currency first. I'm sorry, permission to publish the photos. So I want to talk about the currency first. Was there a lot of cash inside of that vehicle?
Steven Allred (33:33):
Yes.
Ms. Spadaro (33:34):
And was it all in one location or multiple different locations?
Steven Allred (33:37):
I believe it was in a couple of different locations.
Ms. Spadaro (33:41):
Okay. So are these a few $10 bills in the checkbook?
Steven Allred (33:45):
Yes.
Ms. Spadaro (33:45):
Okay. Are those tens and twenties and hundreds?
Steven Allred (33:50):
Yes.
Ms. Spadaro (33:50):
Okay. Is that a couple of dollars that was located in a wallet?
Steven Allred (33:54):
Yes, ma'am.
Ms. Spadaro (33:56):
Fives, tens, twenties, hundreds?
Steven Allred (33:58):
Yes, ma'am.
Ms. Spadaro (34:03):
Let me ask you this. What is that?
Steven Allred (34:05):
It looks like a banded $100 bill.
Ms. Spadaro (34:08):
Okay. And inside of that envelope, are there more banded bills?
Steven Allred (34:11):
Yes.
Ms. Spadaro (34:12):
Okay. Are those the banded bills of $100 bills?
Steven Allred (34:16):
Yes, ma'am.
Ms. Spadaro (34:17):
And do they have an amount on the bands?
Steven Allred (34:20):
I can't read it from here.
Ms. Spadaro (34:21):
Do you mind zooming in, [inaudible 00:34:25]? Only looking right here.
Steven Allred (34:21):
10,000.
Ms. Spadaro (34:35):
Okay. That's just a closeup. These are all pictures depicting all of these bands of $10,000?
Steven Allred (34:46):
Yes, ma'am.
Ms. Spadaro (35:03):
Were some in-
Ms. Spadaro (35:00):
Were some in plastic bags?
Steven Allred (35:05):
Yes.
Ms. Spadaro (35:07):
Are they located in a box, some of them? They were in those plastic bags?
Steven Allred (35:10):
Yes, Ma'am.
Ms. Spadaro (36:56):
Is it fair to say forensics documented every bag, every band, every location where this money was located?
Steven Allred (37:01):
Yes, Ma'am. They're very thorough.
Ms. Spadaro (37:03):
Okay.
(37:07)
Now, was it ultimately your job to count that money?
Steven Allred (37:10):
Yes, it was.
Ms. Spadaro (37:12):
And what was the amount of cash that was located inside of Dr. Kosowski's vehicle?
Steven Allred (37:15):
$282,120.
Ms. Spadaro (37:16):
Okay. Now, you also mentioned that there was a narcotic that was transferred into your custody, and you pronounced it as succinylcholine, right?
Steven Allred (37:27):
Yes.
Ms. Spadaro (37:27):
May I approach the clerk?
The Court (37:28):
You may.
Ms. Spadaro (37:28):
Dr. Kosowski, this is pre-marked as State's 54 for identification. Are you okay with that, Deputy?
Deputy 1 (37:55):
[inaudible 00:37:56].
Ms. Spadaro (37:55):
Is that right there?
Dr. Kosowski (38:10):
Yes.
Ms. Spadaro (38:10):
And then in the back?
Dr. Kosowski (38:10):
Okay.
Ms. Spadaro (38:10):
Okay. May I approach?
The Court (38:10):
You may.
Ms. Spadaro (38:12):
All right. I'm handing you what's been pre-marked as State's 54 for identification. Do you recognize this?
Steven Allred (38:17):
I do.
Ms. Spadaro (38:18):
And what is it?
Steven Allred (38:19):
It is the succinylcholine chloride.
Ms. Spadaro (38:23):
The paralytic?
Steven Allred (38:23):
Yes.
Ms. Spadaro (38:24):
Okay. And is there a vial of it?
Steven Allred (38:26):
Yes.
Ms. Spadaro (38:26):
Okay. And is there also a syringe located inside of that bag?
Steven Allred (38:31):
There is.
Ms. Spadaro (38:32):
And a needle?
Steven Allred (38:33):
I can't tell if it has a needle in it. It looks like it does, yes.
Ms. Spadaro (38:37):
Okay. And is this in the same or substantially the same condition as it was when you received it, when it was transferred into your custody?
Steven Allred (38:44):
Yes, Ma'am.
Ms. Spadaro (38:45):
Okay. At this time, the State would offer into evidence what's been pre-marked as State's 54 for identification as State's 54.
The Court (38:51):
All right. Mr. Kosowski, same objection for the same basis, is that correct?
Dr. Kosowski (38:55):
Yes, Your Honor.
The Court (38:56):
Very good. That's overruled. It's admitted.
Ms. Spadaro (38:58):
Thank you. Now, there are photographs of this bag, correct?
Steven Allred (39:03):
Yes.
Ms. Spadaro (39:04):
Okay. Permission to publish these photographs?
The Court (39:05):
You may.
Ms. Spadaro (39:15):
So, is this the bag that has all the items you identified?
Steven Allred (39:18):
Yes, Ma'am.
Ms. Spadaro (39:19):
So, is this the 3 cc syringe right there?
Steven Allred (39:22):
Yes.
Ms. Spadaro (39:22):
And is this the vial of the paralytic succinylcholine?
Steven Allred (39:22):
It is.
Ms. Spadaro (39:22):
And here, is that the needle?
Steven Allred (39:24):
Yes.
Ms. Spadaro (39:25):
Okay. Can you go to the next one? Actually, go to the third one, [inaudible 00:39:25]. All right. Is that the label that was on the vial?
Steven Allred (39:25):
Yes.
Ms. Spadaro (39:25):
The succinylcholine chloride injection?
Steven Allred (39:42):
Yes, Ma'am.
Ms. Spadaro (39:45):
200 milligrams and 10 deciliters? Is that correct?
Steven Allred (39:46):
Yes.
Ms. Spadaro (39:48):
Okay.
(39:58)
Now, after you all were done at the evidence processing bay, did you learn that Dr. Kosowski leased a residence in Miami, Florida?
Steven Allred (40:09):
I did, yes.
Ms. Spadaro (40:10):
And how did you learn that?
Steven Allred (40:12):
Reviewing jail phone calls and he had asked his mother to go to an address in Miami. He also mentioned the name of his landlord. I was able to locate the landlord's name and locate a matching address and find the residence.
Ms. Spadaro (40:28):
Okay. And what was the address to that residence?
Steven Allred (40:32):
Is it okay if I look it up?
Ms. Spadaro (40:33):
Would that help refresh your recollection?
Steven Allred (40:36):
Yes, please.
Ms. Spadaro (40:36):
Is that okay?
The Court (40:36):
You may.
Ms. Spadaro (40:37):
Thank you. Yes, you may.
Steven Allred (40:47):
12380 Southwest 95th Terrace, Miami, Florida.
Ms. Spadaro (40:53):
Now, did you go to that residence?
Steven Allred (40:55):
I did not.
Ms. Spadaro (40:55):
Did you eventually go down south, though, and go to Collier County?
Steven Allred (40:59):
I did.
Ms. Spadaro (41:00):
Why?
Steven Allred (41:00):
We went down there to search the landfill for Mr. Cozzi's remains.
Ms. Spadaro (41:04):
Okay. So, when you got... Was that because there was a dumpster of interest-
Steven Allred (41:09):
Yes.
Ms. Spadaro (41:09):
... that was located? When did you go to the landfill?
Steven Allred (41:13):
I can give you the specific date if I can look back, if that's okay.
Ms. Spadaro (41:16):
Yes, if it helps refresh your recollection.
Steven Allred (41:17):
Yes, it will. Thank you.
(41:18)
It was on April 2nd.
Ms. Spadaro (41:25):
And what was your role while you were there?
Steven Allred (41:27):
I was part of the team that worked the dig site at the landfill.
Ms. Spadaro (41:33):
Okay. And how many days, give or take, was the team out there?
Steven Allred (41:38):
I know we were out there for three days, for sure.
Ms. Spadaro (41:41):
Okay. And tell us about the search.
Steven Allred (41:43):
So, it was probably one of the most daunting things I've done in my career. The way it works is they bring the garbage trucks in and the garbage truck will offload its contents at a particular area, and then they have heavy tractors there that have these enormous steel wheels that they explained it to us, they weigh tons each, and there are bulldozers and front-end loaders, and they're moving this garbage up what is literally a mountain. And so, based on some surveillance footage of the truck that we knew picked up the dumpster of interest, we had an idea of where we should start digging, and we literally began an excavation on the side of a mountain. The challenge was that, because those tractors drive over this refuse over and over and over again, then the sheer weight of them, it winds up just being one big, giant pulp at the end. And so, it all starts to look the same. And even though we knew the clothing that Mr. Cozzi was wearing, it makes looking for a needle in a haystack look like an easy task.
Ms. Spadaro (42:59):
So, in addition to the amount of garbage that was at the landfill and the fact that it was condensed-
Steven Allred (43:07):
Yes.
Ms. Spadaro (43:07):
... because of it being bulldozed and run over, was the smell pretty bad, too?
Steven Allred (43:11):
It was horrific.
Ms. Spadaro (43:12):
Okay. And there's waste from everywhere, right?
Steven Allred (43:16):
Yeah. There's everything in there. There's rotting food, animal remains, household waste, human waste. And part of the problem was that, as they scooped that stuff out and would pile it up for us to go through, it was piled on top of other refuse. And so, you're searching refuse on top of refuse, and it was just a lot.
Ms. Spadaro (43:41):
Each day, how long were you guys out there for?
Steven Allred (43:43):
Sunrise to sunset.
Ms. Spadaro (43:45):
And after searching the landfill for three days, were you all able to locate Steven's remains?
Steven Allred (43:50):
No, we weren't.
Ms. Spadaro (43:51):
May I have a moment to confer?
The Court (43:54):
You may.
Ms. Spadaro (43:54):
I have no further questions at this time. Thank you.
The Court (43:57):
Any cross-examination?
Dr. Kosowski (43:57):
No, Your Honor.
The Court (43:59):
All right. Thank you, Sir. You may step down.
Steven Allred (44:00):
Thank you, Your Honor.
The Court (44:05):
State, please call your next witness.
Mr. Vonderheide (44:07):
State calls Robert Briggs.
Deputy 2 (44:38):
Step this way, Sir.
The Court (44:38):
Stand right next to me, Sir. Please [inaudible 00:44:48]. Raise your right hand and speak clearly.
Court Clerk (44:49):
Do you solemnly swear the testimony you're about to give will be the truth, the whole truth, and nothing but the truth, so help you God?
Mr. Robert Briggs (44:54):
I do.
The Court (44:55):
Come on over here, Sir. Good morning, Sir.
Mr. Robert Briggs (45:08):
Good morning.
The Court (45:09):
You may inquire, Mr. Vonderheide.
Mr. Vonderheide (45:10):
Thank you, Your Honor. Sir, could you please state your full name and spell your last name for the record?
Mr. Robert Briggs (45:14):
Robert Briggs, B-R-I-G-G-S.
Mr. Vonderheide (45:17):
Where are you presently employed?
Mr. Robert Briggs (45:18):
Pinellas County Sheriff's Office, forensic science section.
Mr. Vonderheide (45:21):
How long have you been in the forensic science section?
Mr. Robert Briggs (45:24):
28 years.
Mr. Vonderheide (45:25):
All right. What's your role there? What's your assignment?
Mr. Robert Briggs (45:28):
I respond and process crime scenes.
Mr. Vonderheide (45:34):
Okay. Tell me about your training as it relates to processing crime scenes.
Mr. Robert Briggs (45:37):
I have an associate's degree in criminal justice. I attended St. Pete College, Crime Scene Certificate program. I completed the 16-week FTO program through the agency, and then I've had several training classes related to the field through my time at forensics.
Mr. Vonderheide (45:55):
Back in March 21st of 2023, were you called out to a scene in Largo, Florida?
Mr. Robert Briggs (46:00):
Yes, I was.
Mr. Vonderheide (46:01):
All right. Can you tell me the address?
Mr. Robert Briggs (46:03):
1501 South Belcher.
Mr. Vonderheide (46:05):
Okay. And do you know approximately what time you got there?
Mr. Robert Briggs (46:10):
I think I was dispatched around 4:30 in the afternoon.
Mr. Vonderheide (46:12):
Okay. So you got there, it was still light out?
Mr. Robert Briggs (46:15):
Yes, Sir.
Mr. Vonderheide (46:15):
All right. So, about 4:30 in the afternoon, is that when you arrived on scene, or when would you have arrived on the scene?
Mr. Robert Briggs (46:23):
Shortly thereafter.
Mr. Vonderheide (46:24):
Okay. Was there any other forensic CSI people there at the time you got there?
Mr. Robert Briggs (46:32):
When I got there initially, no, and then two of my supervisors responded, Supervisor Strokes and Supervisor Klein.
Mr. Vonderheide (46:41):
Okay. So, we're going to look at some pictures that you took that day, but what kind of vehicle do you drive to these scenes?
Mr. Robert Briggs (46:49):
I have an agency van that I drive.
Mr. Vonderheide (46:51):
All right. When you say van, is it like a big Ford Transit van?
Mr. Robert Briggs (46:54):
Correct.
Mr. Vonderheide (46:54):
Okay. Does it have Sheriff's Office markings on it?
Mr. Robert Briggs (46:59):
Yes, it says forensics on it.
Mr. Vonderheide (47:01):
Okay. And do you recall where you and your colleagues and other law enforcement agencies were parked at 1501 Belcher?
Mr. Robert Briggs (47:09):
We were in the parking lot adjacent to Belcher Road.
Mr. Vonderheide (47:13):
Okay. So it's adjacent to Belcher Road, meaning you could see it from Belcher Road?
Mr. Robert Briggs (47:17):
Correct.
Mr. Vonderheide (47:18):
All right. And this van, when we say a Ford Transit, for anybody who doesn't know, that's the full-size Ford van, right?
Mr. Robert Briggs (47:23):
Yes, Sir.
Mr. Vonderheide (47:24):
And what do you have in that full-size Ford van? Why do you need a big vehicle like that?
Mr. Robert Briggs (47:29):
It carries all our equipment, cameras, processing equipment, evidence collection items, like bags and evidence tape, and basically anything we would need to process a crime scene.
Mr. Vonderheide (47:42):
Okay. And when you process a crime scene, you can collect something as small as a hair, right?
Mr. Robert Briggs (47:47):
That's correct.
Mr. Vonderheide (47:48):
And something as large as, I mean, I don't know, a car, I guess, right?
Mr. Robert Briggs (47:52):
Not quite that big, but-
Mr. Vonderheide (47:53):
It'll be towed, right?
Mr. Robert Briggs (47:55):
Yes, Sir.
Mr. Vonderheide (47:55):
Scooter, electric motorized bicycle, these kind of things would be collected, put in your van, right?
Mr. Robert Briggs (48:01):
Correct.
Mr. Vonderheide (48:02):
All right. So, let's talk about 1501 Belcher. What was your task that day?
Mr. Robert Briggs (48:08):
I was tasked with photography of the exterior and interior of the location.
Mr. Vonderheide (48:14):
Okay. Now, there is this device called an OSCR60, O-S-C-R 360. Can you just explain generally what that captures, that photo, that...
Mr. Robert Briggs (48:25):
Basically, it's a spherical 360 camera with a panoramic lens that captures 360-degree images of the location. It has GPS on it. So, when the photos are all downloaded, they can all be stitched together to complete a walkthrough of the scene.
Mr. Vonderheide (48:43):
All right. Is it similar to what somebody might find on Zillow or a real estate listing where you can do a 3D walkthrough of a place?
Mr. Robert Briggs (48:50):
Correct.
Mr. Vonderheide (48:51):
Okay. Now, in this particular case, you documented via photograph extensively, right? But the 360 was there as well?
Mr. Robert Briggs (49:02):
That's correct.
Mr. Vonderheide (49:03):
And were you being followed by the 360 camera, the 360 camera?
Mr. Robert Briggs (49:08):
Yes. Everywhere I photographed, the 360 followed behind and documented the same thing in a 360-degree photo.
Mr. Vonderheide (49:17):
Okay. Now, we're going to get to it in a second, but as far as the documentation of the building there at 1501 Belcher, which building were you in? Do you know which A or B building it was? Was it the southern building or the north?
Mr. Robert Briggs (49:35):
It was the southernmost building.
Mr. Vonderheide (49:36):
Okay. And so, as part of your documentation of that scene, did you photograph maybe some empty office suites as well?
Mr. Robert Briggs (49:43):
Yes, I did.
Mr. Vonderheide (49:45):
All right. And did you photograph everything with the exception of the bathroom and the electrical closet?
Mr. Robert Briggs (49:53):
Everything, except the bathroom.
Mr. Vonderheide (49:54):
Okay. Why did you not... Why were you the one not responsible for photographing the bathroom?
Mr. Robert Briggs (50:02):
We were relieved in the evening and that was pretty much a good stopping point for us.
Mr. Vonderheide (50:09):
Okay.
Mr. Robert Briggs (50:09):
So, the bathroom and all the subsequent processing was done by evening shift.
Mr. Vonderheide (50:15):
Okay. And was it still subject to being processed in the bathroom when you were taking all these photographs?
Mr. Robert Briggs (50:20):
Yes, Sir.
Mr. Vonderheide (50:21):
All right. May I approach the witness?
The Court (51:09):
You may.
Mr. Vonderheide (51:10):
Showing you what's been previously marked as State's Exhibit 100 for identification purposes. Take a look at it and tell me if you recognize anything written on there.
Mr. Robert Briggs (51:18):
Yes, I do. My initials, payroll, and date are on there.
Mr. Vonderheide (51:20):
Okay. And so, did you have an opportunity to look through the contents of that disc?
Mr. Robert Briggs (51:25):
Yes, I did.
Mr. Vonderheide (51:26):
All right. And was it photographs that you took?
Mr. Robert Briggs (51:31):
Correct.
Mr. Vonderheide (51:31):
And fair and accurate depiction of the way 1501 Belcher appeared on March 21st, 2023?
Mr. Robert Briggs (51:37):
Yes, it is.
Mr. Vonderheide (51:38):
All right. Your Honor, at this time, I'd request to move into evidence State's ID 100 in as State's 100.
The Court (51:45):
Any objection?
Dr. Kosowski (51:46):
No, Your Honor.
The Court (51:47):
Very good. It's admitted.
Mr. Vonderheide (51:50):
And then take a look at that one. Tell me if you recognize anything on that State's 101.
Mr. Robert Briggs (51:54):
Yes. It's also marked with my initials, and payroll, and date.
Mr. Vonderheide (51:58):
All right. So, with the exception of perhaps the bathroom scan, the remaining of the entirety of this content of the OSCR360 is a fair and accurate depiction of the way March 21st, 2023 1501 Belcher Road looked, right?
Mr. Robert Briggs (52:11):
Yes, it is.
Mr. Vonderheide (52:13):
All right. Your Honor, at this time, I'd request to move into evidence State's Exhibit 101 for identification purposes as 101.
The Court (52:20):
Any objection?
Dr. Kosowski (52:22):
No.
The Court (52:22):
Admitted.
Mr. Vonderheide (52:23):
All right. And request to publish, Your Honor?
The Court (52:25):
You may.
Mr. Vonderheide (52:39):
Can you see that?
Mr. Robert Briggs (52:43):
Yes.
Mr. Vonderheide (52:45):
All right. So, if you can, orient us to what we're looking at here.
Mr. Robert Briggs (52:51):
That is a view of the parking lot on the west side of the building with Belcher Road to the left.
Mr. Vonderheide (52:58):
All right. So Belcher Road is off to the left. And so, just to swing it around here, looks like we got all law enforcement vehicles out front, is that right?
Mr. Robert Briggs (53:05):
Yes.
Mr. Vonderheide (53:06):
Your time period being there from 4:30 and... What time did you leave that night?
Mr. Robert Briggs (53:12):
Probably close to 8:00 PM.
Mr. Vonderheide (53:15):
Okay. So, from 4:30 to 8:0 PM, was this pretty much what was going on, a constant stream of law enforcement vehicles?
Mr. Robert Briggs (53:21):
Yes, Sir, pretty much.
Mr. Vonderheide (53:22):
All right. And your colleagues at the forensics at Pinellas County Sheriff's Office, are they all in a van like you? Pretty much?
Mr. Robert Briggs (53:32):
Yeah, everybody but supervisor.
Mr. Vonderheide (53:33):
Okay.
Mr. Robert Briggs (53:34):
Yeah.
Mr. Vonderheide (53:34):
Supervisor is in summons. The supervisor's car, is it marked at all?
Mr. Robert Briggs (53:39):
No.
Mr. Vonderheide (53:58):
Okay.
(53:58)
All right. So what are we looking at here? Mr. Briggs, we got...
Mr. Robert Briggs (54:03):
That's also the west side of the building looking north.
Mr. Vonderheide (54:07):
Okay. Is that the relevant building? The building that the crime scene was in?
Mr. Robert Briggs (54:11):
Correct.
Mr. Vonderheide (54:12):
And off to... If we turn the camera behind you, we're staring at the building, is that Belcher Road?
Mr. Robert Briggs (54:18):
Yes, it is.
Mr. Vonderheide (54:39):
Okay.
(54:39)
And we talked about the van you drive. Is that actually it?
Mr. Robert Briggs (54:43):
I believe so.
Mr. Vonderheide (54:47):
Okay. So, when forensics people show up that aren't supervisors, this is what they're driving?
Mr. Robert Briggs (54:51):
Correct.
Mr. Vonderheide (54:52):
All right. And Belcher Road is just right there, right?
Mr. Robert Briggs (54:58):
Yes.
Mr. Vonderheide (55:11):
All right. Now, did you find the victim, Steven Cozzi's car, was indicated to use in this parking lot?
Mr. Robert Briggs (55:18):
Yes, I did.
Mr. Vonderheide (55:18):
Okay. And did you take photographs of that separately?
Mr. Robert Briggs (55:26):
I took photos of that in conjunction with the rest of my exterior photos, yes.
Mr. Vonderheide (55:32):
Didn't find anything unusual about it? Window wasn't broken?
Mr. Robert Briggs (55:33):
No.
Mr. Vonderheide (55:36):
It wasn't broken off, nothing like that?
Mr. Robert Briggs (55:38):
No. In fact, it was locked. We had to get the keys to photograph the inside.
Mr. Vonderheide (55:42):
And where were the keys located?
Mr. Robert Briggs (55:44):
In the office.
Mr. Vonderheide (55:45):
On his desk?
Mr. Robert Briggs (55:45):
On his desk, yes.
Mr. Vonderheide (55:48):
And we're just going to turn around here. So, on the OSCR360, is that his car right there in the middle?
Mr. Robert Briggs (55:53):
The silver one, yes.
Mr. Vonderheide (55:54):
He have a Honda HR-V backed into the space?
Mr. Robert Briggs (55:57):
Correct.
Mr. Vonderheide (56:07):
And we're looking at it in this fancy presentation, but when you're taking pictures, are you kind of doing the same thing, right? Just walking and clicking this [inaudible 00:56:15]?
Mr. Robert Briggs (56:15):
Yes, I am.
Mr. Vonderheide (56:25):
And you later took pictures inside that car as well?
Mr. Robert Briggs (56:27):
Yes, I did.
Mr. Vonderheide (56:28):
And there was nothing remarkable of note, just like somebody drove to work, parked it and locked it, went inside, right?
Mr. Robert Briggs (56:33):
Yeah, pretty much, yes.
Mr. Vonderheide (57:08):
Okay. Can you just describe to us what's going on here, down this sidewalk here?
Mr. Robert Briggs (57:13):
That is a view from the west side of the building looking east, back toward the entrance to the office building.
Mr. Vonderheide (57:23):
Okay. Is that right there where we're zoomed in on, the middle on the left-hand side right there where that cursor is? Is that where the front door is to his suite?
Mr. Robert Briggs (57:31):
Yes.
Mr. Vonderheide (57:40):
And then you see some cameras noted from that as well?
Mr. Robert Briggs (57:43):
Correct.
Mr. Vonderheide (58:04):
All right. So what are we looking at here?
Mr. Robert Briggs (58:10):
That is a view... Well, that was a view from the inside of the foyer area of the office building looking out. And now, we're turned around with the law office to the left, and the bathroom is directly in front of that.
Mr. Vonderheide (58:25):
Okay. So is this that front door we just talked about that was down that sidewalk? Is that walking into that front door there?
Mr. Robert Briggs (58:31):
Those glass doors, yes, Sir.
Mr. Vonderheide (58:34):
Okay. And so, if we can pan up maybe? That was a bolted ceiling, right?
Mr. Robert Briggs (58:40):
Yes.
Mr. Vonderheide (58:42):
All right. And this is the entry foyer, lobby area for the whole building?
Mr. Robert Briggs (58:47):
Correct.
Mr. Vonderheide (58:47):
Okay.
(58:52)
And when you got to the scene, were you briefed and knew the areas you were looking for?
Mr. Robert Briggs (59:00):
When I got there, after we were briefed on the call itself, we were given a quick walkthrough before we started photography.
Mr. Vonderheide (59:09):
Okay.
Mr. Robert Briggs (59:09):
So we knew where we were going.
Mr. Vonderheide (59:11):
So where are we at here?
Mr. Robert Briggs (59:15):
That appears to be right in the entrance to the office looking back out to the-
Mr. Vonderheide (59:20):
All right.
Mr. Robert Briggs (59:21):
... foyer area we were just in.
Mr. Vonderheide (59:23):
This is the law firm where Mr. Cozzi went missing from?
Mr. Robert Briggs (59:25):
Yes.
Mr. Vonderheide (59:46):
All right. So this is one of the offices in that law suite?
Mr. Robert Briggs (59:50):
Yes, it is.
Mr. Vonderheide (59:59):
All right. Another office, documented this as well?
Mr. Robert Briggs (01:00:02):
Yes, I did.
Mr. Vonderheide (01:00:23):
All right. So, in this conference room, it looks like there's another office coming off that conference room. Is that right?
Mr. Robert Briggs (01:00:28):
Yes. There were several.
Mr. Vonderheide (01:00:47):
Okay. And specifically, did you, obviously, documented this space, too, right? Inside this office right here?
Mr. Robert Briggs (01:00:52):
Yes, I did.
Mr. Vonderheide (01:01:04):
All right. Now, was this office... Was it indicated to you that this was Mr. Cozzi's office?
Mr. Robert Briggs (01:01:11):
Yes.
Mr. Vonderheide (01:01:13):
And so, as it relates to the photographs, which you took as well, did you document areas of interest to include his cellphone?
Mr. Robert Briggs (01:01:23):
I photographed the entire office, including the desktop, to show contents, any personal belongings on the desk.
Mr. Vonderheide (01:01:56):
All right. Laptop is there, phones on the desk, keys are on the desk?
Mr. Robert Briggs (01:02:02):
Correct.
Mr. Vonderheide (01:02:03):
All right. Do you recall taking a picture of a wallet that was on the desk as well?
Mr. Robert Briggs (01:02:07):
Yes, I did.
Mr. Vonderheide (01:02:29):
All right. So, where are we at here, Specialist Briggs? Do you need us to zoom in on the door?
Mr. Robert Briggs (01:02:38):
That is a door leading to Mr. Cozzi's office, from the hallway behind his office that leads to the bathroom area.
Mr. Vonderheide (01:02:46):
Okay.
(01:02:50)
All right. So what are we looking at here?
Mr. Robert Briggs (01:02:53):
That is the hallway for the bathrooms.
Mr. Vonderheide (01:02:58):
If we go off to the right, see that doorway where the right is? Where the cursor is right now?
Mr. Robert Briggs (01:03:03):
Yes. That takes you back out to the foyer, where we initially came in.
Mr. Vonderheide (01:03:07):
All right. So that lobby with the big John Lennon mural-
Mr. Robert Briggs (01:03:10):
Yes.
Mr. Vonderheide (01:03:11):
... is on the other side of this wall?
Mr. Robert Briggs (01:03:12):
Correct.
Mr. Vonderheide (01:03:13):
Okay. And there's a box placed in front of a door there. What's that? Where's that room?
Mr. Robert Briggs (01:03:20):
That box is on the floor in front of the men's restroom.
Mr. Vonderheide (01:03:36):
Okay.
(01:03:36)
All right. So, what perspective are we looking at here?
Mr. Robert Briggs (01:03:41):
That appears to be looking from the opposite end of the hall. If you went to the end of the hall where the fire extinguisher is and went left, that's where the bathroom is. That door on the right leads to Mr. Cozzi's office. And then, when you back up to the left, there's a little hallway in the door leading to the electrical room.
Mr. Vonderheide (01:04:02):
All right. So that's the electrical room right there? That door with no door handle on it?
Mr. Robert Briggs (01:04:06):
Correct.
Mr. Vonderheide (01:04:08):
All right. So we see on Mr. Cozzi's office, it's a sign. It says, "Blanchard Wall". Was that already on there when you got there?
Mr. Robert Briggs (01:04:15):
Yes, it was.
Mr. Vonderheide (01:04:19):
So what are these two doors here? We got a door in the foreground and we got a door in the background. What are those?
Mr. Robert Briggs (01:04:26):
The door to the immediate right, I'm not sure of, but the other one leads back to all the other offices throughout the building.
Mr. Vonderheide (01:04:33):
Okay. Empty office suites?
Mr. Robert Briggs (01:04:35):
All empty office space.
Mr. Vonderheide (01:04:37):
Did you go through those and document those areas as well?
Mr. Robert Briggs (01:04:39):
Yes, we did.
Mr. Vonderheide (01:04:41):
Was there anything remarkable that you found in there? Anything unusual, out of place, broken glass, anything like that?
Mr. Robert Briggs (01:04:46):
No. Everything was pretty much empty. There was some furniture in some of them, but none of them were occupied by anybody.
Mr. Vonderheide (01:04:54):
Okay. Was it basically just consistent with an empty office suite?
Mr. Robert Briggs (01:04:57):
Yes.
Mr. Vonderheide (01:05:01):
Okay.
(01:05:01)
All right. So what's this?
Mr. Robert Briggs (01:05:04):
That's looking in the door of the electrical room.
Mr. Vonderheide (01:05:25):
Okay.
(01:05:25)
Where are we at now?
Mr. Robert Briggs (01:05:26):
Standing in the electrical room, looking back toward the door to the electrical room.
Mr. Vonderheide (01:05:30):
Okay. Where the cursor is, that door opening where the... Right there, does that take us back out to the hallway where we just were?
Mr. Robert Briggs (01:05:37):
Yes, it does.
Mr. Vonderheide (01:05:38):
All right. And again, there was no door handle on that door, right?
Mr. Robert Briggs (01:05:41):
Correct.
Mr. Vonderheide (01:05:42):
And so, this room, just a storage closet, right? With some breaker boxes in it?
Mr. Robert Briggs (01:05:48):
Just a storage closet with access to all the electrical.
Mr. Vonderheide (01:05:51):
Okay.
(01:05:56)
Now, were you the one responsible for pulling prints off anything in there?
Mr. Robert Briggs (01:06:00):
I didn't do any processing.
Mr. Vonderheide (01:06:01):
Okay. So you're a part of... So, if we think of forensic specialist as documenting, and collecting, and processing, you are in the documentation phase of it, right?
Mr. Robert Briggs (01:06:12):
At this particular scene, yes.
Mr. Vonderheide (01:06:35):
What are we looking at here?
Mr. Robert Briggs (01:06:37):
That is the... I'm standing in the hallway looking at the front of the men's restroom.
Mr. Vonderheide (01:06:43):
Okay. It looks like we got a box out front and maybe some paper on the ground as well on the other side of the box?
Mr. Robert Briggs (01:06:49):
Yes.
Mr. Vonderheide (01:06:49):
And did you continue to document past the bathroom? To the other side of the building?
Mr. Robert Briggs (01:06:50):
Yes, all the way to the other end.
Mr. Vonderheide (01:07:04):
Okay. What was at the other end? Was there occupied offices over there?
Mr. Robert Briggs (01:07:16):
I believe there was another break room back there and then a couple offices. The veterinary office next door leases space in that building, and they have employees working out of there, at that end of the office building.
Mr. Vonderheide (01:07:28):
Okay. Anything remarkable of note in those rooms that you went through? Broken glass, any signs of a struggle, or anything like that?
Mr. Robert Briggs (01:07:36):
No.
Mr. Vonderheide (01:08:18):
Okay. So we talked about you documenting Mr. Cozzi's office. Perhaps this will be a better demonstration of it. Are these pictures you actually took?
Mr. Robert Briggs (01:08:26):
Yes, they are.
Mr. Vonderheide (01:08:27):
Okay. So, what did we see on the desk? What's being documented here?
Mr. Robert Briggs (01:08:33):
Just a computer, keyboard, some personal belongings.
Mr. Vonderheide (01:08:38):
Okay. Was the phone playing music when you got there, if you can recall?
Mr. Robert Briggs (01:08:45):
I honestly don't recall, no.
Mr. Vonderheide (01:08:46):
Okay. It looks like we got his wallet on the desk there?
Mr. Robert Briggs (01:08:50):
Wallet, yes.
Mr. Vonderheide (01:08:51):
Okay. You said the keys?
Mr. Robert Briggs (01:08:54):
Correct.
Mr. Vonderheide (01:08:54):
Did you later obtain those keys to go through his Honda HR-V?
Mr. Robert Briggs (01:08:58):
One of the detectives, I don't remember which one, retrieved them from the desk and brought them out so I could document the inside of his vehicle, yes.
Mr. Vonderheide (01:09:06):
Okay. And you said the computer was on. I don't know if we can tell that in this photograph, but was it a screensaver at that point, or something, or...
Mr. Robert Briggs (01:09:15):
It's hard to tell. Perhaps.
Mr. Vonderheide (01:09:17):
Okay. Well, we all have privacy screens on our laptops, can't take pictures of them. Do you recall if that was the case or...
Mr. Robert Briggs (01:09:24):
I honestly don't recall.
Mr. Vonderheide (01:09:25):
Okay. That's fair. And so, when you're going in to document a place like this, which a potential scene of a crime, are you taking as many pictures as you can of every detail inside the room?
Mr. Robert Briggs (01:09:38):
Yes.
Mr. Vonderheide (01:09:54):
Dr. Kosowski, we're about to go to the Tundra. We're about to go to the Tundra.
Dr. Kosowski (01:09:57):
I object.
Mr. Vonderheide (01:10:00):
We're moving to the Tundra, Your Honor.
The Court (01:10:02):
Okay.
Dr. Kosowski (01:10:03):
I object-
Mr. Vonderheide (01:10:00):
We're moving to the Tundra, Your Honor, so...
Judge (01:10:01):
Okay.
Mr. Kozowski (01:10:03):
I object to the further testimony on grounds that it was product of our... Or excuse me, on the grounds that it was included in our motion to suppress.
Judge (01:10:12):
All right. So it's preserved for appellate review.
Mr. Vonderheide (01:10:16):
Okay. So once you processed 1501 Belcher, were you done with that scene at that point?
Mr. Robert Briggs (01:10:24):
Yes, I was.
Mr. Vonderheide (01:10:25):
Okay. Did you have another portion of this investigation?
Mr. Robert Briggs (01:10:30):
A couple different portions, yes.
Mr. Vonderheide (01:10:31):
Okay. Yes, you did. But let's go to the next one chronologically speaking. What was the next one, chronologically speaking, your portion of the investigation?
Mr. Robert Briggs (01:10:41):
The next thing I did was I went with Specialist Strops and we did some processing of the Toyota truck.
Mr. Vonderheide (01:10:51):
Okay. And where did you do the processing?
Mr. Robert Briggs (01:10:55):
We have a processing garage located one building north of our office where we secure vehicles for processing.
Mr. Vonderheide (01:11:03):
Okay. Now that garage that you have, it's just kind of a rented space amidst civilian garages too, for lack of a better terminology. Is that right?
Mr. Robert Briggs (01:11:13):
Yes.
Mr. Vonderheide (01:11:13):
Okay. So some of your neighbors maybe as a body shop?
Mr. Robert Briggs (01:11:18):
Yes.
Mr. Vonderheide (01:11:18):
Okay. So there's various neighbors to this place where you process the trucks?
Mr. Robert Briggs (01:11:23):
Quite a variety of businesses, yes.
Mr. Vonderheide (01:11:25):
Okay. So basically the sheriff is renting a space there or leasing a space in that facility?
Mr. Robert Briggs (01:11:30):
That's correct.
Mr. Vonderheide (01:11:31):
Okay. You get there. Tell me about this facility, the garage. Is it secure?
Mr. Robert Briggs (01:11:37):
Yes. It's alarmed and you have to have a badge to get in plus a key. So yes.
Mr. Vonderheide (01:11:46):
So you need a badge to swipe, you need a key to get into it. Do you have badge access?
Mr. Robert Briggs (01:11:52):
I do.
Mr. Vonderheide (01:11:53):
Okay. When somebody gets into that garage bay, do you have to fill out anything if somebody comes into the place?
Mr. Robert Briggs (01:12:02):
For example, if you came there, we would have to log you in and who escorted you in, the time you got there, the time you left, yes.
Mr. Vonderheide (01:12:09):
What if a tow truck driver, for example, is dropping off a car?
Mr. Robert Briggs (01:12:14):
Same thing. If they enter the building for any reason, to drop off a vehicle, pick up a vehicle, we get all their information, their name, date of birth, and we log them in the time they got there and the time they left.
Mr. Vonderheide (01:12:25):
Okay. And when there's a vehicle inside the bay, we're looking at PDSC0002, which is from the disc state's exhibit 100. You see some tape over there in the lower right-hand corner of the tailgate, Specialist Briggs?
Mr. Robert Briggs (01:12:43):
Yes.
Mr. Vonderheide (01:12:43):
All right. Just explain, what is that tape? What are we looking at?
Mr. Robert Briggs (01:12:46):
That's evidence tape that has the initials payroll and the date of the specialist who was on scene when the vehicle was collected prior to being towed to the facility.
Mr. Vonderheide (01:13:01):
Okay. So those aren't your initials, right?
Mr. Robert Briggs (01:13:04):
No.
Mr. Vonderheide (01:13:05):
And you said initials, that's the initials of the specialist who put the tape on the floor?
Mr. Robert Briggs (01:13:11):
Correct.
Mr. Vonderheide (01:13:12):
And then you said payroll number. Is that like your employee?
Mr. Robert Briggs (01:13:15):
Employee ID number, yes.
Mr. Vonderheide (01:13:17):
And then the date is the date when?
Mr. Robert Briggs (01:13:19):
The date that they placed the evidence tape on the item.
Mr. Vonderheide (01:13:23):
All right. Why are you doing this? Why does this happen?
Mr. Robert Briggs (01:13:27):
That just shows that the vehicle was sealed when it left and we will rephotograph it prior to it being opened for any processing. That way basically it keeps the integrity of the evidence.
Mr. Vonderheide (01:13:42):
Okay. So when this truck is collected, and in the sense not maybe picking it up, right, but towing it back to the facility, somebody puts tape on any opening? Is that what it is?
Mr. Robert Briggs (01:13:55):
Any opening. In this case, the tailgate, the hood, all the doors. If there's a sunroof, they'll seal that. So basically if you opened any of those, it would break the tape and you would know that somebody had made access to the vehicle.
Mr. Vonderheide (01:14:11):
So if you get in this garage and all the tape's broken, got a problem, right?
Mr. Robert Briggs (01:14:15):
Yes, sir.
Mr. Vonderheide (01:14:16):
Make some phone calls or figure it out or something, right?
Mr. Robert Briggs (01:14:18):
Correct.
Mr. Vonderheide (01:14:19):
This Tundra, was the tape sealed on all the openings when you got it?
Mr. Robert Briggs (01:14:23):
Yes, it was.
Mr. Vonderheide (01:14:25):
Okay. And did you document that?
Mr. Robert Briggs (01:14:27):
Yes. I went around and photographed the entire vehicle and all the tape.
Mr. Vonderheide (01:14:32):
All right. So this is a second and a half generation TRD Pro Toyota Tundra, and it's got a really nice tonneau cover on it, right? A hole in lock kind of thing. Was there tape on the tonneau cover opening as well?
Mr. Robert Briggs (01:14:45):
Yes, there was.
Mr. Vonderheide (01:14:46):
Okay. And as part of your documentation, you're taking pictures of all the seals, right?
Mr. Robert Briggs (01:14:54):
Correct. Part of our overall, we take it over all the vehicle and then all of the seals as well to show that they're intact.
Mr. Vonderheide (01:15:00):
Okay. So here, no exception, got the door tape on it?
Mr. Robert Briggs (01:15:04):
Yes.
Mr. Vonderheide (01:15:11):
Okay. So as it relates to the Toyota Tundra, what was your role in the processing and the documentation of the truck?
Mr. Robert Briggs (01:15:19):
I was doing photography for the processing that was going to be done on the vehicle.
Mr. Vonderheide (01:15:25):
Okay. Were you responsible for collecting any swabs or anything of that nature?
Mr. Robert Briggs (01:15:31):
During the processing, I did some blind swabs for any possible evidence.
Mr. Vonderheide (01:15:37):
Okay. Tell us what luminol is.
Mr. Robert Briggs (01:15:44):
Luminol is a... Basically it's a presumptive test for blood that allows you to... It luminesces.
Mr. Vonderheide (01:15:55):
What does that mean? What does that mean?
Mr. Robert Briggs (01:15:56):
Basically it glows in the dark.
Mr. Vonderheide (01:15:58):
Okay.
Mr. Robert Briggs (01:15:59):
So it will show you blood that you can't see with the naked eye.
Mr. Vonderheide (01:16:05):
All right. And how do you apply this? What's the process to make it glow, for lack of a better terminology?
Mr. Robert Briggs (01:16:13):
Well, when luminol is applied, there's a reaction with the heme and the blood, which will cause it to luminesce, if you will.
Mr. Vonderheide (01:16:25):
Okay.
Mr. Robert Briggs (01:16:26):
And then you can photograph what you see.
Mr. Vonderheide (01:16:28):
All right. And do you have to use an alternative light source in order to see it?
Mr. Robert Briggs (01:16:32):
No. You do luminol in a dark area.
Mr. Vonderheide (01:16:36):
So you just turn the lights off?
Mr. Robert Briggs (01:16:38):
Turn the lights off, spray the area with luminol, and if there's something there to make it luminesce, it will luminesce and then you can photograph it.
Mr. Vonderheide (01:16:47):
So you said it reacts with the hemoglobin and blood?
Mr. Robert Briggs (01:16:50):
With the heme and the blood, yes.
Mr. Vonderheide (01:16:52):
Okay. So does it react with anything else to cause that luminescence potentially?
Mr. Robert Briggs (01:16:56):
It could react with any kind of cleaning chemical, copper, bleach. Like I said, it's not a definitive for blood, but that's primarily what it's used for in forensics. But yes, there are things that will cause it to react that are not blood.
Mr. Vonderheide (01:17:15):
And it gives you a way to start looking, right, with swabs?
Mr. Robert Briggs (01:17:19):
Correct.
Mr. Vonderheide (01:17:20):
Okay. Okay. So did you spray the luminol in the bed of this truck?
Mr. Robert Briggs (01:17:40):
Specialist Strokes.
Mr. Vonderheide (01:17:41):
Okay. Were you there for that?
Mr. Robert Briggs (01:17:43):
I was.
Mr. Vonderheide (01:17:44):
And then this is, for the record, it's DSC0114.JPG on the State's Exhibit 100. What are we seeing here?
Mr. Robert Briggs (01:17:56):
That is a photo of the truck bed after luminol had been sprayed, and that's a photo of the areas where it reacted.
Mr. Vonderheide (01:18:04):
Okay. So this could react with blood or cleaning products is what you're saying?
Mr. Robert Briggs (01:18:10):
Or various other things, yes.
Mr. Vonderheide (01:18:12):
Okay. And that's the interior of the pickup truck?
(01:18:23)
Yes, that's the armrest.
(01:18:24)
Okay. Where's that at?
Mr. Robert Briggs (01:18:31):
Well, that's looking at the driver's seat and then the first where you zoomed in before was like the armrest in between.
Mr. Vonderheide (01:18:37):
Okay. And did you see that little glowing part right there? What are we looking at there?
Mr. Robert Briggs (01:18:54):
That is the bottom part there of the driver's seat, right by the floor.
Mr. Vonderheide (01:18:59):
Okay. All right. So for the Toyota Tundra, you documented at the garage, you said you took some blind swabs. Anything else that you did with the truck at the garage?
Mr. Robert Briggs (01:19:41):
At this particular time, no.
Mr. Vonderheide (01:19:43):
No. Okay. Let's talk about... [inaudible 01:19:51].
Mr. Kozowski (01:19:51):
When did we [inaudible 01:19:55].
Mr. Vonderheide (01:19:55):
So moving on. So did you go to Tarpon Springs on Saturday in March 2023 where a red Corolla had been stopped?
Mr. Robert Briggs (01:20:05):
Yes, I did.
Mr. Vonderheide (01:20:06):
Okay. What was your particular role in that Corolla traffic stop?
Mr. Robert Briggs (01:20:13):
I responded out there again with Supervisor Klein during the traffic stop and photographed the vehicle exterior and interior, also photographed the officer who was reading the warrant for the vehicle.
Mr. Vonderheide (01:20:31):
Okay. And when you say you photographed the officer who was reading the search warrant to the vehicle?
Mr. Robert Briggs (01:20:36):
Yes, I did.
Mr. Vonderheide (01:20:37):
And that was a Tarpon Springs officer who was reading it that you took a picture of?
Mr. Robert Briggs (01:20:39):
Yes, I believe so.
Mr. Vonderheide (01:20:40):
Okay. We should go back to the Tundra. I missed a step here. Did you find some sort of device that was used for obscuring a tag in that Toyota Tundra vehicle?
Mr. Robert Briggs (01:20:52):
Yeah, it was basically a license plate frame that allows you to change or either obscure or change the license plate, and the cable ran from the plate frame through the bed of the truck up into the cab of the truck.
Mr. Vonderheide (01:21:11):
All right. Now we've seen a picture before with the Luminol, there's like a wire running through the truck bed, right?
Mr. Robert Briggs (01:21:18):
Yes.
Mr. Vonderheide (01:21:19):
It didn't appear to be professionally installed, it just kind of run through the cab and run through the bed?
Mr. Robert Briggs (01:21:26):
It was pretty much laid in there and it went through, I thought one of the holes in the truck bed and back through the door on the passenger side, on the driver's side.
Mr. Vonderheide (01:21:36):
All right. Did your agency collect that device?
Mr. Robert Briggs (01:21:39):
I did, yes.
Mr. Vonderheide (01:21:40):
Yeah. And what about the tag that was affixed to that pickup truck? Did you collect that as well?
Mr. Robert Briggs (01:21:45):
Yes, I did.
Mr. Vonderheide (01:22:42):
All right. I'm going to show you what's been previously marked as State's Exhibit 61 for ID purposes. Take a look at that. Tell me if you recognize it.
Mr. Robert Briggs (01:22:50):
Yes, I do.
Mr. Vonderheide (01:22:53):
All right. How do you recognize it?
Mr. Robert Briggs (01:22:54):
It's got my initials on the bottom of the evidence label.
Mr. Vonderheide (01:23:00):
And so when you collect an item of evidence, obviously it's in a sealed bag. Do you put a label on it?
Mr. Robert Briggs (01:23:06):
Yes, I do.
Mr. Vonderheide (01:23:07):
And that label's got what kind of description on it?
Mr. Robert Briggs (01:23:12):
Description of the item, where it was collected. It also documents the time.
Mr. Vonderheide (01:23:17):
Okay. We're about to get more evidence coming in. They all should have labeling like this, right?
Mr. Robert Briggs (01:23:22):
That's correct.
Mr. Vonderheide (01:23:23):
All right. Now, when you collect evidence on behalf of another agency and they take it, can they put their own label on it as well?
Mr. Robert Briggs (01:23:32):
Yes.
Mr. Vonderheide (01:23:34):
And in this instance, you actually see another label from the other agency on there?
Mr. Robert Briggs (01:23:38):
Yes, I do.
Mr. Vonderheide (01:23:39):
Your Honor... Is this same or substantially similar condition as to when you collected this?
Mr. Robert Briggs (01:23:42):
Yes, it is.
Mr. Vonderheide (01:23:44):
Your Honor, at this time, State's ID 61 into State's 61.
Judge (01:23:48):
All right. Mr. Kozowski, you object to the same basis, is that correct?
Mr. Kozowski (01:23:53):
Yes, Your Honor.
Judge (01:23:54):
All right. That's overruled. It's admitted.
Mr. Vonderheide (01:23:55):
I'm going to show you 60. Take a look at it. Tell me if you recognize it.
Mr. Robert Briggs (01:23:58):
Yes, I do.
Mr. Vonderheide (01:24:03):
Okay. Same or substantially similar condition as to when you collected it?
Mr. Robert Briggs (01:24:06):
Yes.
Mr. Vonderheide (01:24:06):
All right, Your Honor. At this time, I'd request to move into evidence State's ID 60 and then State's 60.
Judge (01:24:12):
All right. Same objection.
Mr. Kozowski (01:24:13):
Yes, Your Honor.
Judge (01:24:14):
All right. It's admitted.
Mr. Vonderheide (01:24:15):
So these are in evidence, but that's them in picture form, basically?
Mr. Robert Briggs (01:24:20):
Correct.
Mr. Vonderheide (01:24:20):
Okay. And you collected this off that Toyota Tundra vehicle?
Mr. Robert Briggs (01:24:23):
Yes, I did.
Mr. Vonderheide (01:24:24):
Did you have to take this cable that was unprofessionally installed and roll it up and put it in this bag?
Mr. Robert Briggs (01:24:29):
Yes, I did.
Mr. Vonderheide (01:24:30):
Okay. All right. And is that the remote control form?
Mr. Robert Briggs (01:24:44):
Yes, it is.
Mr. Vonderheide (01:24:45):
Where was that in the truck?
Mr. Robert Briggs (01:24:49):
In the center console.
Mr. Vonderheide (01:24:50):
Okay. Did you try the device or hit the button or anything?
Mr. Robert Briggs (01:24:56):
Yes, we did.
Mr. Vonderheide (01:24:57):
Okay. And so how did it function when you hit the button?
Mr. Robert Briggs (01:25:02):
This one I believe it... Well, the frame moves and it kind of... I took photos of the process.
Mr. Vonderheide (01:25:12):
Okay. So the frame moves and it's for basically... So that tag is not going to be displayed anymore, basically?
Mr. Robert Briggs (01:25:19):
Correct.
Mr. Vonderheide (01:25:46):
As part of your documentation of the Toyota pickup truck as well, we're looking at DSC 0007 on State's Exhibit 100. Did you find some paperwork inside the truck?
Mr. Robert Briggs (01:25:58):
I did.
Mr. Vonderheide (01:25:59):
All right. You document that?
Mr. Robert Briggs (01:26:01):
Yes. We basically document everything we found in the truck.
Mr. Vonderheide (01:26:05):
All right. Why do you do that?
Mr. Robert Briggs (01:26:08):
For inventory purposes. Also, if anything is of evidentiary value, we photograph everything.
Mr. Vonderheide (01:26:14):
Okay. And so just this, you particularly found this bill of sale in there?
Mr. Robert Briggs (01:26:18):
Yes, we did.
Mr. Vonderheide (01:26:19):
And you don't know who anybody's signature is or who the names of anybody are when you documented it?
Mr. Robert Briggs (01:26:29):
Correct.
Mr. Vonderheide (01:26:36):
All right. So let's go back to Tarpon Springs in March of 2023, the Saturday after this Tuesday when Mr. Causey went missing. You arrived at the scene. What do you find when you get there?
Mr. Robert Briggs (01:26:46):
A lot of law enforcement presence, Tarpon Springs, officers, Largo detectives.
Mr. Vonderheide (01:26:54):
Okay. And what was your assignment there as it relates to the Toyota Corolla?
Mr. Robert Briggs (01:26:59):
Basically documentation and eventually I would be sealing this vehicle for transport back to our processing facility where we had the truck.
Mr. Vonderheide (01:27:10):
Okay. You're the first contact with the Toyota Corolla as it relates to taking pictures and documenting it?
Mr. Robert Briggs (01:27:16):
As far as the documentation, yes.
Mr. Vonderheide (01:27:19):
All right. Looks like we've got an officer here holding up a piece of paper. Is that you photographing the Tarpon officer reading the search warrant?
Mr. Robert Briggs (01:27:27):
Yes, it is.
Mr. Vonderheide (01:27:28):
Do you often do that?
Mr. Robert Briggs (01:27:31):
Usually we'll either photograph them. Sometimes they want it video recorded, but there's a photo documentation usually, yes.
Mr. Vonderheide (01:27:40):
Okay. So you proceed around the Corolla, you take pictures of it. Did you seal it off for transport?
Mr. Robert Briggs (01:27:48):
Yes. At the end, yes.
Mr. Vonderheide (01:27:50):
Okay. When you sealed it off, so is this you signing off?
Mr. Robert Briggs (01:27:54):
Yes.
Mr. Vonderheide (01:27:55):
And did you do, just like we were talking about, every door opening right?
Mr. Robert Briggs (01:27:59):
Correct.
Mr. Vonderheide (01:28:00):
And it's later towed to the processing garage?
Mr. Robert Briggs (01:28:03):
Yes, it was.
Mr. Vonderheide (01:28:05):
All right. At this stage of the game for processing purposes, did you go back to the garage to process it?
Mr. Robert Briggs (01:28:14):
I followed the flatbed transporting it back, and then I believe specialist, at that time her name was Levecke, Supervisor Luth and Strokes were there to take over from that point, but I followed it back to the processing garage.
Mr. Vonderheide (01:28:34):
So it gets loaded onto a flatbed tow truck and you followed behind it all the way back to the garage?
Mr. Robert Briggs (01:28:41):
Correct.
Mr. Vonderheide (01:28:42):
Same facility where the Tundra had been?
Mr. Robert Briggs (01:28:45):
Yes.
Mr. Vonderheide (01:28:46):
How many cars could you fit in there at once for processing?
Mr. Robert Briggs (01:28:50):
We could fit three in there, but I think the most we've ever had in there is two.
Mr. Vonderheide (01:28:56):
Okay. And so is there a way when you bring them in there... On the Tundra before we saw a picture with some cloth up around it?
Mr. Robert Briggs (01:29:04):
Yes. There's basically dividing curtains for each section and we have the dollies if you need to move a vehicle over to get another vehicle in.
Mr. Vonderheide (01:29:18):
Okay. So you put the dollies under the wheels and you can kind of push the car around wherever you want It?
Mr. Robert Briggs (01:29:22):
Correct. And then we can separate it by the curtains that are in there.
Mr. Vonderheide (01:29:25):
And when you do the curtains, why are you doing the curtains around the cars?
Mr. Robert Briggs (01:29:31):
Just to separate one from the other and for photography purposes.
Mr. Vonderheide (01:29:35):
When you're processing one vehicle, you're not going to be processing another vehicle at the same time, are you?
Mr. Robert Briggs (01:29:42):
No.
Mr. Vonderheide (01:29:43):
Why is that?
Mr. Robert Briggs (01:29:45):
Just cross-contamination issues and you don't want to go from one to the other.
Mr. Vonderheide (01:29:53):
Okay. And throughout the process of, let's say you were the one collecting swaps, do you change your gloves out?
Mr. Robert Briggs (01:29:59):
In between each swab, yes.
Mr. Vonderheide (01:30:01):
Each swab, change the gloves out, put on new gloves?
Mr. Robert Briggs (01:30:03):
Correct.
Mr. Vonderheide (01:30:07):
Yeah. And so you would've initially taken photographs of the inside of the trunk?
Mr. Robert Briggs (01:30:14):
Yes. I took overalls of the entire vehicle.
Mr. Vonderheide (01:30:17):
Overall as the state that you found it on the side of the road?
Mr. Robert Briggs (01:30:21):
Yeah, just as you saw it there.
Mr. Vonderheide (01:30:22):
Okay. Yeah. And it looks like there's a similar remote control as there was in the Tundra?
Mr. Robert Briggs (01:30:40):
Correct.
Mr. Vonderheide (01:31:02):
All right. And then the trunk, opening of the trunk, took a picture of it, but you didn't take the items out, is that right?
Mr. Robert Briggs (01:31:08):
That's correct. We didn't take anything out.
Mr. Vonderheide (01:31:19):
So it looks like you photographed some of the cell phones that were inside the car?
Mr. Robert Briggs (01:31:24):
Yes, I did.
Mr. Vonderheide (01:31:26):
Were you responsible for the actual collecting and processing of those phones?
Mr. Robert Briggs (01:31:32):
The cell phones were requested by one of the detectives, and we took them out, and I believe Supervisor Klein swabbed them at their request, and then they took custody of them.
Mr. Vonderheide (01:31:46):
Okay. They took custody of the phones?
Mr. Robert Briggs (01:31:47):
Yes.
Mr. Vonderheide (01:31:48):
So you collected them out of the car, turned them over to the other agency?
Mr. Robert Briggs (01:31:51):
Yes.
Mr. Vonderheide (01:32:11):
I have no further questions for this witness. I'll pass the witness to Dr. Kozowski.
Judge (01:32:15):
Any cross-examination, sir?
Mr. Kozowski (01:32:19):
No, Your Honor. Thank you.
Judge (01:32:20):
Thank you. Sir, you may step down. State, please call your next witness.
Mr. Vonderheide (01:32:28):
Sandra-Leigh Copeland.
Speaker 3 (01:32:28):
State, what was her name?
Mr. Vonderheide (01:32:28):
Sandra-Leigh Copeland. Come this way, please. Stand right next to me. Please madam clerk, raise your right hand [inaudible 01:33:23].
Speaker 4 (01:32:28):
Do you solemnly swear the testimony you're about to give will be the truth, the whole truth, and nothing but the truth, so help you God?
Sandra-Leigh Copeland (01:32:28):
I do.
Judge (01:32:28):
Good morning.
Sandra-Leigh Copeland (01:32:28):
Good morning.
Judge (01:32:28):
You may inquire, state.
Mr. Vonderheide (01:33:43):
Thank you, Your Honor. Could you please state your full name and spell your full name for the court reporter?
Sandra-Leigh Copeland (01:33:46):
Sandra-Leigh Copeland, S-A-N-D-R-A, hyphen, L-E-I-G-H. Last name, C-O-P-E-L-A-N-D.
Mr. Vonderheide (01:33:59):
Ma'am, where are you presently employed?
Sandra-Leigh Copeland (01:34:01):
With the Pinellas County Sheriff's Office.
Mr. Vonderheide (01:34:04):
And how long have you been working for the Pinellas County Sheriff's Office?
Sandra-Leigh Copeland (01:34:08):
Just over 11 years.
Mr. Vonderheide (01:34:09):
Okay. What's your role at the Pinellas County Sheriff's Office?
Sandra-Leigh Copeland (01:34:12):
Currently, I am the forensic science assistant supervisor.
Mr. Vonderheide (01:34:17):
And how long have you been in a supervisory role?
Sandra-Leigh Copeland (01:34:20):
Three years.
Mr. Vonderheide (01:34:21):
All right. So back in March 21st of 2023, were you called out to a scene of what at the time was called a missing person scene?
Sandra-Leigh Copeland (01:34:30):
Yes, I was.
Mr. Vonderheide (01:34:31):
Okay. And can you tell us where that was located?
Sandra-Leigh Copeland (01:34:34):
It was on Belcher Road in Largo.
Mr. Vonderheide (01:34:36):
Okay. About what time did you get there, do you think?
Sandra-Leigh Copeland (01:34:41):
May I refer to my report?
Mr. Vonderheide (01:34:42):
You may. Yeah.
Sandra-Leigh Copeland (01:34:47):
I arrived at 7:39 PM.
Mr. Vonderheide (01:34:51):
Okay. And were other members of your unit already there processing and taking pictures and documenting the scene?
Sandra-Leigh Copeland (01:35:00):
Yes, they were. Yes.
Mr. Vonderheide (01:35:01):
So when you got there, what was your assignment going to be as it relates to processing that crime scene?
Sandra-Leigh Copeland (01:35:06):
Primarily, I was there to document the scene, to photograph and collect items of evidence.
Mr. Vonderheide (01:35:13):
And you documented it, right? Took photos?
Sandra-Leigh Copeland (01:35:16):
Yes.
Mr. Vonderheide (01:35:16):
And you also collected some items of evidence?
Sandra-Leigh Copeland (01:35:19):
I did, yes.
Mr. Vonderheide (01:35:20):
And particularly, where was your focus inside that building?
Sandra-Leigh Copeland (01:35:25):
The focus was in an electrical room and also the men's bathroom.
Mr. Vonderheide (01:35:31):
Okay. And so you took responsibility for the documenting those two areas?
Sandra-Leigh Copeland (01:35:34):
I did, yes.
Mr. Vonderheide (01:35:36):
All right. And did you also lift for prints in the electrical room?
Sandra-Leigh Copeland (01:35:40):
I did, yes.
Mr. Vonderheide (01:35:41):
All right. And did you also process and collect items that you thought might be relevant inside of the bathroom?
Sandra-Leigh Copeland (01:35:46):
I did.
Mr. Vonderheide (01:35:47):
All right. So let's talk about your training experience as it relates to documenting and collecting evidence. Tell us about that. Tell us what your training you have.
Sandra-Leigh Copeland (01:35:57):
Okay. So I have an associate's degree and a crime scene certificate in crime scene technology. When I first started with the sheriff's office, we have an in-house training program, and that's basically 20 weeks of in-house academy where we learn how to use different equipment, different chemicals, different ways to process items of evidence, how to work different scenes. Then we go ahead and have a few weeks of learning how to process items for fingerprints and DNA. And then we have basically like a 14-week program with three different trainers three to four weeks each on the job training. And then I have, after that, I've got about almost a thousand hours of training in various forensic disciplines.
Mr. Vonderheide (01:37:00):
When you arrived to 1501 Belcher, where was the first area that you concentrated on?
Sandra-Leigh Copeland (01:37:07):
So I started with the outside of the building and then made my way inside.
Mr. Vonderheide (01:37:14):
All right. And then as it relates to specifically processing and documenting the two rooms that you told us about, the electrical room and the bathroom?
Sandra-Leigh Copeland (01:37:21):
Yes.
Mr. Vonderheide (01:37:22):
Where did you start?
Sandra-Leigh Copeland (01:37:24):
I started first in the electrical room processing and then the bathroom.
Mr. Vonderheide (01:37:29):
Okay. So as part of that, photographs?
Sandra-Leigh Copeland (01:37:30):
Yes. Photographs is always going to be the first thing that we go ahead and do to document everything as we found it.
Mr. Vonderheide (01:37:40):
Okay.
(01:37:40)
Which exhibit is it? Thank you. I'm going to show you State's Exhibit 97 for identification purposes. Take a look at that. Tell me if you recognize that.
Sandra-Leigh Copeland (01:38:11):
I do, yes.
Mr. Vonderheide (01:38:13):
All right. And how do you recognize that?
Sandra-Leigh Copeland (01:38:15):
I was shown the photographs on this USB and I signed it with my dates and initials.
Mr. Vonderheide (01:38:21):
Okay. Fair and accurate depiction and it's your photograph, right?
Sandra-Leigh Copeland (01:38:24):
Yes.
Mr. Vonderheide (01:38:25):
All right, Your Honor, at this time I'd request to move into evidence State's ID 97 is State's 97.
Judge (01:38:31):
Any objection?
Mr. Kozowski (01:38:32):
Yes, Your Honor.
Judge (01:38:33):
The same objection. All right. Overruled. It's admitted.
Mr. Vonderheide (01:39:11):
All right. Ms. Copeland, what are we looking at here?
Sandra-Leigh Copeland (01:39:14):
That is the hallway towards the electrical room.
Mr. Vonderheide (01:39:17):
Okay. That looks like... Was there a doorknob on the door?
Sandra-Leigh Copeland (01:39:20):
There was not, no.
Mr. Vonderheide (01:39:28):
All right. So we're looking at the... That's the electrical room?
Sandra-Leigh Copeland (01:39:31):
Yes, that's the interior side of the door.
Mr. Vonderheide (01:39:34):
All right. 591010022 for the record on State's Exhibit 97. Did you process this door?
Sandra-Leigh Copeland (01:39:41):
I did, yes.
Mr. Vonderheide (01:39:42):
Did you find some latent prints on this door?
Sandra-Leigh Copeland (01:39:44):
Yes.
Mr. Vonderheide (01:39:44):
All right. Your Honor, if I may approach the defense?
Judge (01:40:01):
You may.
Mr. Vonderheide (01:40:01):
I'm going to show you what's been previously marked as State's Exhibit 99 for identification purposes. Take a look at that and tell me if you recognize it.
Sandra-Leigh Copeland (01:40:07):
Yes, I do.
Mr. Vonderheide (01:40:08):
Okay. And how do you recognize it? What is on there specifically that you recognize?
Sandra-Leigh Copeland (01:40:12):
So whenever we take a lift, I go ahead and document it with the date that I collected it with my initials. And then on the back I fill out a label that says the offense, the case number. It has my dates and initial and the location of where I got the fingerprint.
Mr. Vonderheide (01:40:32):
All right. And with the exception of a number that was maybe added by the fingerprint lab, is that in the same or substantially similar condition as to when you collected that lift?
Sandra-Leigh Copeland (01:40:41):
Yes.
Mr. Vonderheide (01:40:42):
All right. Your Honor, at this time I'd request to move into evidence as I think State's Exhibit 97. No, 99. For ID purposes of State's Exhibit 99.
Judge (01:40:51):
Any objection?
Mr. Kozowski (01:40:52):
No, Your Honor.
Judge (01:40:53):
All right. It's admitted.
Mr. Vonderheide (01:40:54):
All right. So this picture we're looking at right here on the smart board, is that area on the back of that door where you lifted this print?
Sandra-Leigh Copeland (01:41:04):
Yes.
Mr. Vonderheide (01:41:05):
All right. And how do we know that?
Sandra-Leigh Copeland (01:41:07):
I went ahead and I go ahead and do -
Mr. Vonderheide (01:41:11):
Show us on where the-
Sandra-Leigh Copeland (01:41:12):
Oh, I'm sorry. I drew a picture on the general area of where I collected it.
Mr. Vonderheide (01:41:19):
So if we can, maybe Ms. Fedoro, bring a cursor over the door. What general area was it that you lifted this print?
Sandra-Leigh Copeland (01:41:28):
It's just above the doorknob and to the right, like a little bit higher, probably around that area.
Mr. Vonderheide (01:41:36):
Okay. And this is very sort of tactile, this card here. How do you go about lifting a print? What process do you go through to get a print onto this card here?
Sandra-Leigh Copeland (01:41:49):
So whenever we see any kind of ridges of detail, we go ahead and apply a piece of tape onto it. Then we go ahead and lift that and then we apply the tape onto this white backing.
Mr. Vonderheide (01:42:06):
And then you label it after that?
Sandra-Leigh Copeland (01:42:08):
Yes.
Mr. Vonderheide (01:42:23):
So as it relates to the rest of the electrical room, did you continue processing further in there?
Sandra-Leigh Copeland (01:42:27):
I did, yes.
Mr. Vonderheide (01:42:37):
How long do you think you were in this area processing?
Sandra-Leigh Copeland (01:42:42):
Several hours.
Mr. Vonderheide (01:42:44):
In this electrical room?
Sandra-Leigh Copeland (01:42:45):
Yes.
Mr. Vonderheide (01:42:45):
Okay. And are you documenting anything you might think is relevant?
Sandra-Leigh Copeland (01:42:59):
Yes. So basically that entire area gets documented and then I do what we call closeup photographs of anything, specific items of evidence or just anything in general.
Mr. Vonderheide (01:43:15):
When you were done with that room, did you go to the bathroom, the men's bathroom?
Sandra-Leigh Copeland (01:43:19):
I first went into the women's bathroom and then the men's bathroom, yes.
Mr. Vonderheide (01:43:22):
Okay. Women's bathroom, nothing remarkable about that? There was no indication that there was any relevance to this crime?
Sandra-Leigh Copeland (01:43:28):
Correct.
Mr. Vonderheide (01:43:35):
You did document that in photography though, right?
Sandra-Leigh Copeland (01:43:38):
Yes, I did.
Mr. Vonderheide (01:43:40):
So the men's restroom, is this how you found it with that box out front?
Sandra-Leigh Copeland (01:43:43):
Yes.
Mr. Vonderheide (01:43:44):
All right. And it looks like, we're going to get to it, but I see just next to the box there's a little white thing. What was that?
Sandra-Leigh Copeland (01:43:52):
That was a paper towel that we found right there.
Mr. Vonderheide (01:44:00):
And maybe you didn't collect it, but was that collected?
Sandra-Leigh Copeland (01:44:01):
It was, yes.
Mr. Vonderheide (01:44:01):
Do you know who collected it?
Sandra-Leigh Copeland (01:44:04):
Specialist Ashley Levecke at the time. She's Ashley Luthnow.
Mr. Vonderheide (01:44:08):
Luthnow. All right. So we're seeing these little yellow markers here. What are those little yellow markers?
Sandra-Leigh Copeland (01:44:21):
So I observed using side lighting possible shoe prints. So I went ahead and documented those and then I followed up with photographs of those possible shoe prints.
Mr. Vonderheide (01:44:37):
Okay. So when we see one, two, three, four, we're going to see numbers all throughout this.
Sandra-Leigh Copeland (01:44:41):
Yes.
Mr. Vonderheide (01:44:42):
These number cards. What are you documenting when you throw one of those, what are they called? Markers, photo markers?
Sandra-Leigh Copeland (01:44:48):
Photo markers, yes.
Mr. Vonderheide (01:44:49):
What are you trying to document when you throw out one of these photo markers?
Sandra-Leigh Copeland (01:44:53):
So any items of evidence or anything that's easier to see in the photograph. So in this case, for example, because of the type of tiling of the-
Sandra-Leigh Copeland (01:45:00):
For example, because of the type of tiling of the floor, it was very difficult to see the possible shoe prints, and like I said, I had to use oblique lighting, which is side lighting, in order to go ahead and see it. So I went ahead and placed the photo markers so that you could see the general area of where these items were, and then I took photographs later of the shoe prints.
Lawyer (01:45:26):
So when we see these photo markers in other areas that we're going to get up to here shortly, drop down, do you use these photo markers to refer to item collections as well?
Sandra-Leigh Copeland (01:45:40):
We do, yes.
Lawyer (01:45:41):
Okay. So you would say, for example, the napkin was photo marker five?
Sandra-Leigh Copeland (01:45:45):
Yes, it was. Yes.
Lawyer (01:45:56):
Okay.
(01:45:56)
So on this door that enters into the bathroom, was there anything of note that you noted on the outside of this door here?
Sandra-Leigh Copeland (01:46:02):
Yes. I observed what appeared to be like reddish stains, possible blood on the exterior of that door.
Lawyer (01:46:12):
Okay. So is that a closeup view of that?
Sandra-Leigh Copeland (01:46:15):
It is, yes.
Lawyer (01:46:16):
Okay, and so this reddish stain, was that collected on a swab?
Sandra-Leigh Copeland (01:46:21):
It was, yes.
Lawyer (01:46:22):
Did specialist Luth take that?
Sandra-Leigh Copeland (01:46:24):
She did, yes.
Lawyer (01:46:25):
Okay. Were you there when that happened, when she took it?
Sandra-Leigh Copeland (01:46:26):
Yes, I was.
Lawyer (01:46:28):
All right, and so when she is responsible for collecting the swabs, it would be hard for her to take pictures of it, right?
Sandra-Leigh Copeland (01:46:34):
Correct. Yes.
Lawyer (01:46:35):
Okay. So is that why you're doing this separate role?
Sandra-Leigh Copeland (01:46:37):
Yes.
Lawyer (01:46:41):
Did you do a phenolphthalein test on this?
Sandra-Leigh Copeland (01:46:43):
I did not, no.
Lawyer (01:46:44):
What is that? What is a phenolphthalein test?
Sandra-Leigh Copeland (01:46:47):
So it's a presumptive blood test. So anytime that we suspect that something may be possible blood, we'll go ahead and test that area, and it's a three step process. So if it does show to be possible blood, it will have a positive result and it'll show as like a pink color on that swab.
Lawyer (01:47:09):
All right. You describe maybe... Is it a chemical reaction?
Sandra-Leigh Copeland (01:47:15):
It is, yes.
Lawyer (01:47:15):
And does it react with certain substances that are in blood?
Sandra-Leigh Copeland (01:47:19):
Yes, with hemoglobin.
Lawyer (01:47:21):
All right, and so when it reacts with that, is that a triggering mechanism for you to know to collect that swab? It might have possible evidence on it?
Sandra-Leigh Copeland (01:47:27):
Yes.
Lawyer (01:47:29):
All right. Are you familiar with whether this was tested for phenol in front of you while you were there?
Sandra-Leigh Copeland (01:47:33):
It was, yes.
Lawyer (01:47:36):
Okay, and who did that test?
Sandra-Leigh Copeland (01:47:37):
Specialist Luth.
Lawyer (01:47:39):
Okay, and were you present with the results?
Sandra-Leigh Copeland (01:47:42):
Yes. Yes.
Lawyer (01:47:43):
What was the result of that phenolphthalein test?
Sandra-Leigh Copeland (01:47:46):
It was positive.
Lawyer (01:47:47):
Positive for what?
Sandra-Leigh Copeland (01:47:48):
Positive for possible blood.
Lawyer (01:47:49):
Okay. Collected, tagged, sealed, and sent to the lab?
Sandra-Leigh Copeland (01:47:56):
Yes.
Lawyer (01:48:06):
All right. So now where are we looking now?
Sandra-Leigh Copeland (01:48:08):
So this is now entering the men's bathroom, opening the door, and just exactly as you see it when you first enter.
Lawyer (01:48:17):
Okay.
(01:48:17)
And you're documenting the whole area, right?
Sandra-Leigh Copeland (01:48:30):
The whole bathroom, yes.
Lawyer (01:48:32):
How many hours do you think you were in the bathroom?
Sandra-Leigh Copeland (01:48:34):
Again, several hours.
Lawyer (01:48:36):
Did you have to hand it off to somebody else?
Sandra-Leigh Copeland (01:48:38):
We did, yes.
Lawyer (01:48:40):
All right. What are we looking at here?
Sandra-Leigh Copeland (01:48:42):
That is possible blood stains.
Lawyer (01:48:45):
All right, and was that later collected?
Sandra-Leigh Copeland (01:48:47):
I believe it was, yes.
Lawyer (01:48:49):
Okay. You didn't do it?
Sandra-Leigh Copeland (01:48:50):
I did not, no.
Lawyer (01:48:50):
The paper towels in the trash can now, we're going to have some more pictures on those later. Did you take all those paper towels out?
Sandra-Leigh Copeland (01:49:06):
I did, yes.
Lawyer (01:49:07):
And when you took those paper towels out, what do you do with... Where do you put all that?
Sandra-Leigh Copeland (01:49:12):
So basically, on a piece of large trace paper, so not to contaminate it, I laid all those papers out, and I did find several paper towels, napkins that had possible blood on it, and I separated them and then placed them into an evidence bag.
Lawyer (01:49:39):
Okay. One of those... And to be clear, you're not responsible for sending this stuff to the forensic laboratory, right?
Sandra-Leigh Copeland (01:49:44):
Correct.
Lawyer (01:49:45):
Who makes that call?
Sandra-Leigh Copeland (01:49:46):
That would be the case agent.
Lawyer (01:49:48):
Okay. So like the detective in the case?
Sandra-Leigh Copeland (01:49:50):
Yes.
Lawyer (01:49:51):
You document it, process it, collect it, and then it goes from there and they make a decision?
Sandra-Leigh Copeland (01:49:56):
Yes.
Lawyer (01:49:58):
Was one of the sets of paper towels that you collected sent it off to the lab?
Sandra-Leigh Copeland (01:50:03):
It was, yes.
Lawyer (01:50:05):
All right, and did you have the opportunity. Let me ask you this. When you collect something, the sheriff's office, you label it, right?
Sandra-Leigh Copeland (01:50:11):
Yes.
Lawyer (01:50:12):
And it's assigned a number?
Sandra-Leigh Copeland (01:50:13):
Yes.
Lawyer (01:50:14):
When you submit it to another agency, do they sometimes put their own number on it?
Sandra-Leigh Copeland (01:50:18):
They do, yes.
Lawyer (01:50:20):
So about, I don't know, a couple days ago, did you have the opportunity to go look in a package that maybe had another agency's number on it and find your own number?
Sandra-Leigh Copeland (01:50:29):
I did, yes.
Lawyer (01:50:31):
Okay, and were those the paper towels?
Sandra-Leigh Copeland (01:50:31):
Yes.
Lawyer (01:51:39):
I'm going to show you what's been previously marked as State's Exhibit 59 for identification purposes. Take a look at this and tell me if you recognize this.
Sandra-Leigh Copeland (01:51:48):
I do, yes.
Lawyer (01:51:50):
I mean, how do you recognize it?
Sandra-Leigh Copeland (01:51:52):
So again, we have a label that has all the case information. It shows that I collected it, the date that I collected it, where I collected it, and I also have on the evidence tape, my initials, my payroll, and the date collected.
Lawyer (01:52:10):
Okay, and then there's a yellow label on that. Is that your label?
Sandra-Leigh Copeland (01:52:14):
It says it's from the Pinellas County Forensics Lab.
Lawyer (01:52:17):
Okay. So when we see a yellow label on these items later on, it's going to be sent in the lab, right?
Sandra-Leigh Copeland (01:52:23):
Yes.
Lawyer (01:52:24):
Same or substantially similar condition as to when you collected it and also when you last viewed it?
Sandra-Leigh Copeland (01:52:30):
Yes.
Lawyer (01:52:32):
Your Honor, at this time, I request to move into evidence. I think it was State's Exhibit 59 for ID purposes and State's Exhibit 59.
Judge Joseph Bulone (01:52:38):
Any objection?
Speaker 5 (01:52:39):
No, Your Honor.
Judge Joseph Bulone (01:52:39):
It's admitted.
Lawyer (01:52:41):
So these are. It says three bloody napkins, right?
Sandra-Leigh Copeland (01:52:46):
Yes.
Lawyer (01:52:48):
And was that collected after you unpacked all these napkins?
Sandra-Leigh Copeland (01:52:53):
Yes, from the bathroom trash can.
Lawyer (01:52:55):
Okay, and so we're going to kind of go... You've taken pictures almost like an archeological excavation, right? Going down layer by layer?
Sandra-Leigh Copeland (01:53:04):
Yes.
Lawyer (01:53:45):
How many of these paper towels do you think you collected and sealed and tagged like this?
Sandra-Leigh Copeland (01:53:51):
Almost 400.
Lawyer (01:53:52):
Okay, and again, you don't make the choice. Is this one, this picture right here?
Sandra-Leigh Copeland (01:53:59):
I labeled those as wads of paper.
Lawyer (01:54:06):
Which ones went to the lab?
Sandra-Leigh Copeland (01:54:08):
Three bloody napkins.
Lawyer (01:54:10):
Okay. So it's in the midst of the 400 there?
Sandra-Leigh Copeland (01:54:14):
Yes.
Lawyer (01:54:45):
[inaudible 01:54:27].
(01:54:45)
All right. We're looking at the wall. What are we looking at here?
Sandra-Leigh Copeland (01:54:48):
This is now going into the bathroom stall.
Lawyer (01:54:51):
Okay, and was there anything unusual or remarkable about that inside the wall?
Sandra-Leigh Copeland (01:54:56):
There were possible blood stains, and then there was also that bluish... I don't even know what to call it, like paint removal, almost.
Lawyer (01:55:07):
Okay. Is that what it looked like, the paint had been burned off almost?
Sandra-Leigh Copeland (01:55:09):
Yes.
Lawyer (01:55:19):
You had areas on the floor that you thought might be relevant?
Sandra-Leigh Copeland (01:55:22):
Yes.
Lawyer (01:55:24):
Little pieces of paper towel all over the place?
Sandra-Leigh Copeland (01:55:27):
Yes.
Lawyer (01:55:27):
Discoloration on the floor?
Sandra-Leigh Copeland (01:55:29):
Yes.
Lawyer (01:55:42):
As it relates to blood collection inside the bathroom, was it in various locations all over the bathroom?
Sandra-Leigh Copeland (01:55:49):
It was, yes.
Lawyer (01:55:50):
So we had it on the exterior door that was out.
Sandra-Leigh Copeland (01:55:54):
Yes. So there was on the exterior door and the bathroom stall, on the ground, in the trash can, on the toilet, on the walls, in various places.
Lawyer (01:56:09):
And then the walls is one in the corner, on one end of the stall and then one in another corner, right?
Sandra-Leigh Copeland (01:56:16):
Yes.
Lawyer (01:56:19):
What are we looking at here?
Sandra-Leigh Copeland (01:56:20):
So again, possible blood on the toilet.
Lawyer (01:56:31):
Close up of what you were talking about before?
Sandra-Leigh Copeland (01:56:33):
Yes.
Lawyer (01:56:33):
And just for the record, it was the paint discoloration.
(01:56:48)
Do you know which corner of the bathroom that is?
Sandra-Leigh Copeland (01:56:49):
Northeast corner of the bathroom.
Lawyer (01:56:57):
Northeast corner. Is this on the opposite wall almost from where the toilet's located? It's in the stall with the toilet, but at the other end of it?
Sandra-Leigh Copeland (01:57:07):
Yes. So if this is the toilet, it's to the northeast, so that... Diagonal.
Lawyer (01:57:16):
His honor could use maybe the paint burned off as the orientation point?
Sandra-Leigh Copeland (01:57:22):
Yes. So that would be, I guess, in a north direction.
Lawyer (01:57:46):
Is Luth the one primarily responsible for lifting these swabs?
Sandra-Leigh Copeland (01:57:52):
For collecting the swabs, yes, she was.
Lawyer (01:57:54):
Okay, and was anybody else involved while you were there?
Sandra-Leigh Copeland (01:57:58):
In the bathroom? Yes. I believe Specialist Hook and Supervisor Murphy.
Lawyer (01:58:28):
Okay.
(01:58:28)
Floor area there, what are we looking at here?
Sandra-Leigh Copeland (01:58:31):
What appears to be possible blood on the ground.
Lawyer (01:58:34):
All right. Specialist Copeland, what are we looking at here?
Sandra-Leigh Copeland (01:59:10):
Possible blood stains of spatter on the east side of the urinal.
Lawyer (01:59:20):
Okay, and then the floor?
Sandra-Leigh Copeland (01:59:23):
It's a little difficult to see there, but again, it's like possible blood below the urinal.
Lawyer (01:59:34):
Okay.
(01:59:34)
I saw some brown paper bags or some brown paper on the floor. What was that for?
Sandra-Leigh Copeland (01:59:39):
Brown paper?
Lawyer (01:59:40):
Yeah, there's like a... Right there.
Sandra-Leigh Copeland (01:59:42):
Oh, so when we first went into that area, apart from photographing, but we go ahead and do trace on it, which means that we go ahead and do that in three different steps. We do a visual trace, first collecting anything within a two-foot space of anything that we see visually, and then we go ahead and use an alternate light source, like the blue light that you may see in the crime shows, and then we'll go ahead and do a vacuum trace, and then once we've finished that area, we'll go ahead and put down trace paper and then continue another step forward and do the same process.
Lawyer (02:00:28):
If there was wet blood that you found in this bathroom, would you have documented that?
Sandra-Leigh Copeland (02:00:33):
Yes.
Lawyer (02:00:36):
Did you document that, wet blood anywhere in the bathroom? Was it all dry like you saw?
Sandra-Leigh Copeland (02:00:41):
I believe most of it was dry.
Lawyer (02:00:57):
Okay, and did the urinal appear to be flushed?
Sandra-Leigh Copeland (02:01:00):
It did not, no.
Lawyer (02:01:08):
Here we go. All right. So we see some photo markers in the room?
Sandra-Leigh Copeland (02:01:11):
Yes.
Lawyer (02:01:11):
Like we talked about earlier. Why were you putting those photo markers down inside the bathroom?
Sandra-Leigh Copeland (02:01:17):
Again, it's to document areas of possible blood, and then also, these would be areas that specialist Luth would've specifically swabbed.
Lawyer (02:01:27):
Okay, and so if she were to swab that area, another specialist would've swabbed. Could they use the photo marker as a reference point?
Sandra-Leigh Copeland (02:01:34):
Yes.
Lawyer (02:02:50):
Why do you put a ruler down in a situation like this?
Sandra-Leigh Copeland (02:02:54):
The scale is used just to give reference as to the size, mainly because with the photograph you can't really tell how big something is. It also documents, again, like who took the photograph, the time and the date. Well, not the time, but the date that I placed that scale down.
Lawyer (02:03:15):
Did it appear from... When we saw 10 there in the front of the stall to 11 and 12, did that all appear to be a continuous area of blood, in a certain way?
Sandra-Leigh Copeland (02:03:26):
Yes.
Lawyer (02:03:27):
Okay. So you're not just... 10, 11, and 12 aren't just little droplets here and there, right?
Sandra-Leigh Copeland (02:03:32):
No, it appeared to be significant areas.
Lawyer (02:04:11):
After you documented the bathroom and you're there when Specialist Luth is collecting the swabs, did you have another location that you responded to later on in this investigation?
Sandra-Leigh Copeland (02:04:22):
In the investigation, yes.
Lawyer (02:04:23):
Okay. Where?
Sandra-Leigh Copeland (02:04:26):
The second area would've been the defendant's residence.
Lawyer (02:04:33):
Okay. Where's that located at?
Sandra-Leigh Copeland (02:04:35):
On Seaview Drive in Tarpon Springs.
Lawyer (02:04:38):
Okay, and you were there pursuant to a search warrant?
Sandra-Leigh Copeland (02:04:40):
Yes.
Lawyer (02:04:41):
All right, and then Largo may have been the affiant, it was their agency's case, but it was the Tarpon Springs and the Sheriff's Office serving the search warrant, right?
Sandra-Leigh Copeland (02:04:52):
Yes. Tarpon Springs, yes.
Lawyer (02:04:54):
So when you were there, did you have a recruit with you?
Sandra-Leigh Copeland (02:04:59):
I did, yes.
Lawyer (02:04:59):
What's her name?
Sandra-Leigh Copeland (02:05:01):
At the time, she was Nikki Webster, and she now goes by Nikki Bull.
Lawyer (02:05:06):
Okay. So her evidence collection and her photographs would be Webster at the time?
Sandra-Leigh Copeland (02:05:11):
Yes.
Lawyer (02:05:11):
All right. Now it's Bull?
Sandra-Leigh Copeland (02:05:12):
Yes.
Lawyer (02:05:13):
And what is your role with her when you're inside of the residence?
Sandra-Leigh Copeland (02:05:19):
So my role, I was a field training specialist trainer. So basically I'm responsible for whatever she is doing, photographing, collecting. In this case, she was almost at the end of her training, and so I just go ahead and review what she's doing and oversee whatever she's doing.
Lawyer (02:05:43):
Okay. Did you do some documentation of the area as well?
Sandra-Leigh Copeland (02:05:47):
I did, yes.
Lawyer (02:05:48):
Were you there when Luminol was sprayed in the garage?
Sandra-Leigh Copeland (02:05:51):
Yes.
Lawyer (02:05:51):
Okay.
Speaker 5 (02:05:51):
I object, your honor.
Judge Joseph Bulone (02:05:55):
All right. So for the record, you're objecting to anything regarding your residence where there was a search warrant and then anything that is collected in there, correct?
Speaker 5 (02:06:07):
The entire testimony.
Judge Joseph Bulone (02:06:08):
Right. I understand.
Speaker 5 (02:06:09):
Of the witness.
Judge Joseph Bulone (02:06:10):
All right, so that's preserved. We've been going for a while, Mr. Vanderheif. Why don't we go ahead and take a break? Is that all right?
Lawyer (02:06:16):
Sure.
Judge Joseph Bulone (02:06:17):
I don't know how long she's going to be at the residence.
Lawyer (02:06:23):
For a bit of time.
Judge Joseph Bulone (02:06:23):
For a while. Okay. All right.
(02:06:24)
All right. So we'll take a 15 minute break. If we can take lunch at 11:45, because I have a meeting, that'd be great.
Lawyer (02:06:31):
Sure.
Judge Joseph Bulone (02:06:31):
Okay.
Lawyer (02:06:31):
Okay.
Judge Joseph Bulone (02:06:32):
Thank you.
Speaker 6 (02:06:32):
All rise.
The Court (02:20:00):
There you go. All right. Everyone's present. State, you may continue.
Lawyer (02:20:09):
All right. Specialist Copeland, I think we left off, you were at 511 Seaview. We're with Specialist Webster, now Bowles?
Sandra-Leigh Copeland (02:20:18):
Yes.
Lawyer (02:20:18):
Okay. And was Specialist Webster, now Bowles, so we'll just go with that name now. Was she the one who was collecting swabs or collected a swab?
Sandra-Leigh Copeland (02:20:31):
I believe she did, yes.
Lawyer (02:20:32):
Okay. And were you there when luminol was utilized in the garage?
Sandra-Leigh Copeland (02:20:36):
I was, yes.
Lawyer (02:20:36):
Okay. And we've learned about that from Specialist Briggs, but was it dark in the garage in order to see if the luminescence was glowing?
Sandra-Leigh Copeland (02:20:51):
Yes, it was.
Lawyer (02:20:52):
Did it glow?
Sandra-Leigh Copeland (02:20:53):
It did.
Lawyer (02:20:54):
In the areas where it was glowing, was a swab taken from that?
Sandra-Leigh Copeland (02:20:58):
It was, yes.
Lawyer (02:20:59):
And that was Specialist Bowles who did that?
Sandra-Leigh Copeland (02:21:01):
Yes.
Lawyer (02:21:02):
All right. Did you take some more photographs of the house at 511 Seaview?
Sandra-Leigh Copeland (02:21:07):
I did.
Lawyer (02:21:08):
All right. Which areas did you concentrate on at 511 Seaview?
Sandra-Leigh Copeland (02:21:10):
I did the exterior of the residence.
Lawyer (02:21:13):
Okay. Does that include sort of around the front and the sides and the back?
Sandra-Leigh Copeland (02:21:17):
Yeah. So it was the front and the entire sides and then the back, to include the pool and a deck.
Lawyer (02:21:26):
Okay. So this picture right here is for the record, back to at 59101-0004. You take this picture?
Sandra-Leigh Copeland (02:21:37):
I did, yes.
Lawyer (02:21:37):
All right. And it looks like we got a garage door open at 511 Seaview. What's in the garage?
Sandra-Leigh Copeland (02:21:41):
There's a truck.
Lawyer (02:21:42):
Okay. And did you do any processing of that Toyota Tundra?
Sandra-Leigh Copeland (02:21:48):
I did not, no.
Lawyer (02:21:50):
Okay. Taking a picture. Why are you taking a picture of it?
Sandra-Leigh Copeland (02:21:53):
One is an establishing shot of the address that I'm at, and then also to show the truck in view.
Lawyer (02:22:03):
And is that how you found it? Law enforcement went through, cleared it before you went in there, I'm sure.
Sandra-Leigh Copeland (02:22:09):
Yes.
Lawyer (02:22:10):
And then the garage door, do you know who opened it?
Sandra-Leigh Copeland (02:22:14):
One of the detectives.
Lawyer (02:22:26):
Okay. As part of your documentation process, do you ensure that you go around the entire residence and property?
Sandra-Leigh Copeland (02:22:59):
Yes.
Lawyer (02:22:59):
Okay. Is this house on the water?
Sandra-Leigh Copeland (02:23:01):
Yes.
Lawyer (02:23:10):
Okay. Do you know what this area is, to the north of the residence?
Sandra-Leigh Copeland (02:23:15):
It was in the back area, so like the west side, northwest side of the residence and it's just like marshland.
Lawyer (02:23:39):
Okay. Anything of note that you would've collected or had somebody collect out there in the backyard or in the side yard?
Sandra-Leigh Copeland (02:23:43):
If there had been something, I would've collected it, yes.
Lawyer (02:24:33):
Okay. How many hours do you think you were at the residence that night?
Sandra-Leigh Copeland (02:24:37):
Approximately seven to eight hours.
Lawyer (02:24:40):
Okay. And were you collecting any of the evidence or are you documenting?
Sandra-Leigh Copeland (02:24:46):
I only documented.
Lawyer (02:24:48):
Let's go to the next time you were called out in this investigation. Where was it and what day was it, if you can recall?
Sandra-Leigh Copeland (02:24:55):
This was on the 26th of March, I believe close to midnight. And this is at the Tarpon Springs Police Department.
Lawyer (02:25:04):
All right. Why'd you go to Tarpon Springs Police Department? Why were you there?
Sandra-Leigh Copeland (02:25:08):
I was there to photograph the defendant.
Lawyer (02:25:11):
Okay. Was there a warrant that had been signed by a judge to process the defendant's body, a body warrant?
Sandra-Leigh Copeland (02:25:19):
Yes.
Lawyer (02:25:19):
And was there a sheriff's office member that was there reading the warrant to Dr. Kosowski?
Sandra-Leigh Copeland (02:25:24):
I believe it was a Tarpon Springs detective or it may have been a Largo detective. I don't recall.
Lawyer (02:25:33):
Well, Deputy Spicer, do you recall if he was there reading the warrant?
Sandra-Leigh Copeland (02:25:38):
I don't remember. I don't recall the name, no.
Lawyer (02:25:39):
Okay. There was a Deputy Spicer present. Do you recall that at all or?
Sandra-Leigh Copeland (02:25:44):
No.
Lawyer (02:25:45):
Okay. So as part of your role in the processing of the defendant in this case, Dr. Kosowski, what are you doing? How do you start that process?
Sandra-Leigh Copeland (02:25:57):
So again, I'm taking primarily, I'm documenting the subject clothes on, clothes off as I see him, and then I go ahead and process for possible DNA, any clippings, scrapings, and then collect his clothing at the end.
Lawyer (02:26:17):
Okay. And this is, for the record, it's DSC with the N in the beginning, 0002. And what are we looking at here?
Sandra-Leigh Copeland (02:26:29):
So this is at the beginning of my documentation and I will go ahead and proceed to do like a 360 view of the subject.
Lawyer (02:26:39):
And what kind of areas would you concentrate on, in documenting a person?
Sandra-Leigh Copeland (02:26:44):
I document the entire body. So everything, the face, the chest, the hands, arms, feet, legs.
Lawyer (02:26:54):
If there was an area that might look like it's of note, do you sort of zoom in and take further pictures of that?
Sandra-Leigh Copeland (02:26:59):
Yes. And I'll go ahead and scale that area for reference.
Lawyer (02:27:13):
Okay. And it looks like he's wearing scrubs here. It says Tom Kosowski, MD. Was that clothing collected?
Sandra-Leigh Copeland (02:27:18):
Yes.
Lawyer (02:27:18):
And we see, you said the scale, is that what you're talking about?
Sandra-Leigh Copeland (02:27:45):
Yes.
Lawyer (02:27:54):
All right. So here we've got, what are we looking at?
Sandra-Leigh Copeland (02:27:58):
So here, I'm documenting the front of his hands, which appear to have some injuries to them.
Lawyer (02:28:05):
Okay. And so that's an area of interest, is that right?
Sandra-Leigh Copeland (02:28:09):
Yes.
Lawyer (02:28:18):
It looks like we've got... What do we have here?
Sandra-Leigh Copeland (02:28:21):
The third and fourth right-hand fingers.
Lawyer (02:28:25):
Okay. You including the scale in there for reference to show how the injury is?
Sandra-Leigh Copeland (02:28:28):
Yes.
Lawyer (02:28:28):
All right. Anything of note on his thumb there?
Sandra-Leigh Copeland (02:28:52):
Yes. His left thumb appears to have an injury on it.
Lawyer (02:28:55):
For the record, we're on DSC0030 in the beginning. All right. So you said you document the person with their shirt on and then with their shirt off, right? Why are you doing that?
Sandra-Leigh Copeland (02:29:37):
Again, it's basically to document the clothing as-is, as is worn, to see if there's anything that I can immediately see on the clothing. And then without the clothing is to document to see if there's any kind of injuries, possible blood, or anything that would be worth taking note of.
Lawyer (02:29:58):
All right. So we see here in particular, were there any items or areas of note on Dr. Kosowski's body that we're going to particularly focus on?
Sandra-Leigh Copeland (02:30:08):
Yes. There appeared to be bruising on his right and left arm and bicep area in this photo.
Lawyer (02:30:18):
All right. And-
Sandra-Leigh Copeland (02:30:19):
And then also around his stomach area, there appeared to be bruising as well.
Lawyer (02:30:26):
Okay. There's a little scratch there too?
Sandra-Leigh Copeland (02:30:28):
Yes.
Lawyer (02:30:30):
Now this is the overall. Do you later zoom in and document that more specifically?
Sandra-Leigh Copeland (02:30:34):
Yes, each area.
Lawyer (02:30:35):
Okay. Is there an area here that you though might be relevant?
Sandra-Leigh Copeland (02:30:39):
Yeah, I observed a reddish mark area, so I went ahead and documented that as well.
Lawyer (02:30:45):
Okay. All right. We got the scale for reference there?
Sandra-Leigh Copeland (02:31:17):
Yes.
Lawyer (02:31:17):
Does it show size?
Sandra-Leigh Copeland (02:31:17):
Mm-hmm.
Lawyer (02:31:54):
All right. Now, what are we looking at here?
Sandra-Leigh Copeland (02:31:56):
That would be the right upper arm area.
Lawyer (02:31:59):
All right. And we just got done with his left upper arm area, and now this is DSC0097.jpg. Okay. So you said... Did you collect his pants as well?
Sandra-Leigh Copeland (02:33:05):
I did, yes.
Lawyer (02:33:06):
Were they scrub pants?
Sandra-Leigh Copeland (02:33:07):
Yes.
Lawyer (02:33:14):
Okay. Looks like we maybe have some... Well, tell us what we see here.
Sandra-Leigh Copeland (02:33:17):
Possible bruising on his legs. It appears what to be some injuries on his knees, possible scrapes.
Lawyer (02:33:27):
Okay. So you photographed him. Did you also take swabs from him?
Sandra-Leigh Copeland (02:34:13):
I did, yes.
Lawyer (02:34:17):
Okay. Specifically, did you take a buccal swab from him?
Sandra-Leigh Copeland (02:34:18):
Yes.
Lawyer (02:34:19):
Can you tell us what a buccal swab is?
Sandra-Leigh Copeland (02:34:22):
A buccal swab is basically a known DNA sample from that subject that I'm collecting it from.
Lawyer (02:34:28):
All right. So buccal, what does that mean? Where is that? Where's the swab taken from?
Sandra-Leigh Copeland (02:34:31):
So the swab is taken from inside the mouth, inside the cheek area.
Lawyer (02:34:36):
Describe these swabs for us, if you could. How do you get them? How do they come to you? Are they sealed?
Sandra-Leigh Copeland (02:34:44):
Yes. So they're sealed in a sterile little sleeve and they come to two swabs. They kind of look like cotton buds. And then I go ahead and I apply distilled water on it just to make one area wet and I leave the other one dry, and then I go ahead and swab that area.
Lawyer (02:35:07):
Okay. And in this particular case, did you receive one of those sterile swabs?
Sandra-Leigh Copeland (02:35:11):
Yes.
Lawyer (02:35:11):
Did you have one?
Sandra-Leigh Copeland (02:35:13):
Yes, I did.
Lawyer (02:35:14):
All right. And did you do the buccal swab on Dr. Kosowski or did he stick it in his own cheek?
Sandra-Leigh Copeland (02:35:22):
I believe I did it.
Lawyer (02:35:23):
Okay. And did you package that?
Sandra-Leigh Copeland (02:35:25):
I did, yes.
Lawyer (02:35:26):
Put your name on it, label on it?
Sandra-Leigh Copeland (02:35:28):
Yes.
Lawyer (02:35:29):
May I approach the evidence, Your Honor?
The Court (02:35:31):
You may.
Lawyer (02:35:57):
I'm going to show you what's been previously marked as State's Exhibit 55 for identification purposes. Take a look at this, and if you have to open it up, we can accommodate that as well.
Sandra-Leigh Copeland (02:36:05):
I would have to have it opened up and see.
Lawyer (02:36:10):
Okay. Fair enough. Is that because when you collect it, send it to the other agency, they repackage it?
Sandra-Leigh Copeland (02:36:18):
That's correct, yes.
Lawyer (02:36:21):
I think we have gloves up here for you. If you need a different size, we can arrange that.
Sandra-Leigh Copeland (02:36:41):
Did you just want me to cut it up?
Lawyer (02:36:42):
Just cut it wherever you want to.
Sandra-Leigh Copeland (02:37:04):
Yes, I recognize this to be mine.
Lawyer (02:37:06):
Okay. That label on there is the one that you filled out?
Sandra-Leigh Copeland (02:37:08):
Yes.
Lawyer (02:37:11):
And is that, other than being in a bigger envelope with markings from the lab, is that in the same or substantially similar condition as to when you collected it from Dr. Tomasz Kosowski?
Sandra-Leigh Copeland (02:37:19):
Yes.
Lawyer (02:37:20):
Your Honor, at this time I'd request to move into evidence State's Exhibit 55 as for ID purposes as State's Exhibit 55.
The Court (02:37:27):
Any objection?
Tomasz Kosowski (02:37:27):
Yes, Your Honor.
The Court (02:37:27):
All right. The same objection?
Tomasz Kosowski (02:37:28):
Yes sir.
The Court (02:37:29):
All right. It's admitted.
Lawyer (02:37:34):
And this, State's Exhibit 55 is a buccal swab that you collected from Tomasz Kosowski?
Sandra-Leigh Copeland (02:37:41):
Yes.
Lawyer (02:37:42):
All right. Do you see him here in the courtroom today?
Sandra-Leigh Copeland (02:37:44):
I do.
Lawyer (02:37:46):
All right. Can you please point to him and identify an article of clothing?
Sandra-Leigh Copeland (02:37:50):
He's wearing an orange jumpsuit.
Lawyer (02:37:53):
Okay. Your Honor, if the record could reflect she's identified the defendant in this case, Tomasz Kosowski, as the person she took this buccal swab from.
The Court (02:38:00):
The record shall so reflect.
Lawyer (02:38:01):
[inaudible 02:38:06].
Sandra-Leigh Copeland (02:38:10):
Thank you.
Lawyer (02:38:16):
Your Honor, if I may. If I could just retrieve the scissors, Your Honor.
The Court (02:38:17):
You may.
Lawyer (02:38:20):
And then I will pass the witness.
The Court (02:38:21):
All right. Any cross-examination?
Tomasz Kosowski (02:38:23):
No, Your Honor.
The Court (02:38:24):
All right. Thank you. Ma'am, you may step down.
Sandra-Leigh Copeland (02:38:29):
Thank you. State, please call your next witness.
Ms. Spadaro (02:38:35):
Yes, Your Honor. The State will call Robin Clark.
Speaker 8 (02:38:57):
Step this way, please. Stand right next to me. [inaudible 02:39:11].
Speaker 9 (02:38:57):
Do you solemnly swear the testimony you're about to give will be the truth, the whole truth, and nothing but the truth, so help you God?
Robin Clark (02:38:57):
I do.
Speaker 8 (02:38:57):
Over here. [inaudible 02:39:22].
Ms. Spadaro (02:38:57):
Thank you.
The Court (02:38:57):
Good morning.
Robin Clark (02:39:30):
Good morning.
The Court (02:39:30):
[inaudible 02:39:33].
Ms. Spadaro (02:39:33):
Thank you, Your Honor. Good morning.
Robin Clark (02:39:34):
Good morning.
Ms. Spadaro (02:39:35):
Will you please introduce yourself to the court and spell your full name for the record?
Robin Clark (02:39:39):
Robin Clark, R-O-B-I-N C-L-A-R-K.
Ms. Spadaro (02:39:43):
And it's hard to hear in here because of the acoustics, so if you could just speak into the mic so we can hear you clearly. What do you do for a living?
Robin Clark (02:39:51):
Currently, I'm retired.
Ms. Spadaro (02:39:52):
Congratulations. How long have you been retired?
Robin Clark (02:39:54):
Since November of 2024.
Ms. Spadaro (02:39:57):
And where did you retire from?
Robin Clark (02:39:58):
The Pinellas County Sheriff's Office.
Ms. Spadaro (02:40:00):
How long did you work for the Sheriff's Office?
Robin Clark (02:40:02):
25 years.
Ms. Spadaro (02:40:03):
And what was your title prior to retiring?
Robin Clark (02:40:06):
Forensic Science Supervisor.
Ms. Spadaro (02:40:08):
Okay. And you were a supervisor, but also a forensic specialist, is that what they're called?
Robin Clark (02:40:14):
Correct.
Ms. Spadaro (02:40:14):
Okay. And when did you become a forensic specialist?
Robin Clark (02:40:19):
2000.
Ms. Spadaro (02:40:20):
And when did you become the supervisor?
Robin Clark (02:40:22):
2021.
Ms. Spadaro (02:40:23):
What were your duties as a supervisor in the forensic science division of the sheriff's office?
Robin Clark (02:40:28):
As a supervisor, we're required to maintain schedule, approve reports, respond to major scenes, approve time off, review photos.
Ms. Spadaro (02:40:41):
Okay. And what about as a forensic specialist?
Robin Clark (02:40:44):
As a specialist, we respond to scenes, document and collect evidence, collect evidence, process evidence, and submit it to property.
Ms. Spadaro (02:40:53):
Okay. Can you tell us a little bit about your educational background and training that you went through in order to be working in this capacity?
Robin Clark (02:41:00):
So I have approximately 900 hours training over the course of my career, mainly to do with crime scene processing. And then towards the latter part of my career, when I got into supervision, it was geared more towards leadership and supervision.
Ms. Spadaro (02:41:21):
Okay. So were you working in this capacity back on March 21st of 2023?
Robin Clark (02:41:27):
I was.
Ms. Spadaro (02:41:28):
And on that day, did you respond to 1501 Belcher Road South in Largo, Florida to help process a crime scene?
Robin Clark (02:41:35):
I did.
Ms. Spadaro (02:41:35):
How did you first get involved?
Robin Clark (02:41:37):
I received a phone call from my assistant supervisor that she needed to leave the scene, so I needed to respond to take over as scene supervision.
Ms. Spadaro (02:41:48):
Okay. Do you recall what time approximately you arrived to the scene?
Robin Clark (02:41:53):
I arrived about 23:00, so 11:00 PM.
Ms. Spadaro (02:41:56):
11:00 PM. Did you show up in a forensics van or was it a different type of car?
Robin Clark (02:42:03):
No, we have vehicles.
Ms. Spadaro (02:42:04):
Okay. Were there other forensics vans on scene when you got there?
Robin Clark (02:42:08):
Yes.
Ms. Spadaro (02:42:09):
Okay. And what about police cruisers from Largo Police Department?
Robin Clark (02:42:13):
Yes.
Ms. Spadaro (02:42:14):
Okay. You said that you came over to take over supervision. Who did you relieve?
Robin Clark (02:42:21):
Assistant Supervisor Sanford.
Ms. Spadaro (02:42:23):
Okay. And so you were supervising. Were there other forensic specialists already on the scene when you arrived that were in the process of processing the location?
Robin Clark (02:42:32):
Yes. I was processing with Specialist King and Levecque.
Ms. Spadaro (02:42:39):
And is Specialist King now Specialist Copeland?
Robin Clark (02:42:41):
Yes. I'm sorry. Copeland and Luth.
Ms. Spadaro (02:42:44):
Okay. So Specialist Copeland and Luth, were they doing trace evidence collection at that time along with photographs of the men's bathroom?
Robin Clark (02:42:55):
They had not reached the bathroom yet when I arrived on scene. They were still working in the hallway documenting possible shoe prints.
Ms. Spadaro (02:43:04):
Okay. Did they ultimately go into the men's bathroom to start processing in there?
Robin Clark (02:43:09):
Yes.
Ms. Spadaro (02:43:09):
While you were on scene? Did you enter the men's restroom?
Robin Clark (02:43:13):
Yes.
Ms. Spadaro (02:43:14):
And did you observe areas on the floor that you suspected to be blood?
Robin Clark (02:43:18):
I observed discolored areas, yes.
Ms. Spadaro (02:43:21):
And did you place photo markers down to document those areas?
Robin Clark (02:43:24):
Yes.
Ms. Spadaro (02:43:25):
Okay. So we've already entered in some pictures of those photographs, but if we could publish the photo markers from the bathroom. All right. So are these the photo markers that you placed in the men's restroom?
Robin Clark (02:43:39):
Yes.
Ms. Spadaro (02:43:40):
So I see six, seven, eight, and nine. Do you have more photo markers that lead into the stall where the toilet is located?
Robin Clark (02:43:47):
Yes.
Ms. Spadaro (02:43:48):
All right. Can we go to the next one? All right. So here we see nine, 10, 11, and 12. So fair to say six through 12 were in the men's restroom?
Robin Clark (02:43:56):
Correct.
Ms. Spadaro (02:43:57):
Was one through five outside, like in the hallway?
Robin Clark (02:43:59):
Yes.
Ms. Spadaro (02:44:00):
Okay. Did you collect swabs from the areas where you observed the possibility of blood or the discoloration on the floor?
Robin Clark (02:44:08):
Yes, I did.
Ms. Spadaro (02:44:09):
And while you were collecting these swabs, were you wearing any type of protection equipment?
Robin Clark (02:44:15):
We wear gloves, yes.
Ms. Spadaro (02:44:16):
Gloves? Okay. Do you often change your gloves?
Robin Clark (02:44:19):
Yes.
Ms. Spadaro (02:44:19):
And how often do you change them when you're collecting evidence such as possible blood?
Robin Clark (02:44:23):
Between every swab.
Ms. Spadaro (02:44:24):
Okay. After collecting the swabs, did they then get tested for possible blood using phenolphthalein?
Robin Clark (02:44:33):
Yes.
Ms. Spadaro (02:44:34):
And Specialist Copeland, formerly known as King, she talked a little bit about that process, but it's a three-step process, right?
Robin Clark (02:44:41):
Correct.
Ms. Spadaro (02:44:42):
And after running those swabs through the phenolphthalein testing, did any of those swabs test positive for the possible presence of blood?
Robin Clark (02:44:50):
Yes.
Ms. Spadaro (02:44:50):
Which photo markers did those swabs test presumptive positive?
Robin Clark (02:44:57):
Seven through 12.
Ms. Spadaro (02:44:59):
So we can go back. What about six?
Robin Clark (02:45:03):
Six tested negative for phenolphthalein.
Ms. Spadaro (02:45:05):
All right. So we got seven, eight, and nine kind of outside of the stall, and then inside the stall, 10, 11, and 12.
Robin Clark (02:45:12):
Correct.
Ms. Spadaro (02:45:13):
All presumptive positive for blood?
Robin Clark (02:45:14):
Yes.
Ms. Spadaro (02:45:15):
Okay. Now, after you all do the phenolphthalein testing, is it your job to start doing DNA analysis on the scene?
Robin Clark (02:45:25):
No.
Ms. Spadaro (02:45:26):
Okay. Whose job is that?
Robin Clark (02:45:27):
That is the forensic lab.
Ms. Spadaro (02:45:29):
And is it also not your job to decide which of those swabs actually get submitted to the Pinellas County Forensic Laboratory for further analysis?
Robin Clark (02:45:36):
Correct.
Ms. Spadaro (02:45:36):
Whose job is that?
Robin Clark (02:45:38):
I assume the case agent.
Ms. Spadaro (02:45:39):
Okay. So possibly the lead detective on the case?
Robin Clark (02:45:42):
Correct.
Ms. Spadaro (02:45:43):
All right. So I do want to focus on one of your swabs from the photo markers that did get to Pinellas County Forensic Laboratory, and that would be for photo marker 10. May I approach the clerk?
The Court (02:46:06):
Mm-hmm, yeah.
Ms. Spadaro (02:46:07):
[inaudible 02:46:08] has been pre-marked as State's 87 for identification. [inaudible 02:46:13].
Tomasz Kosowski (02:46:18):
Okay.
Ms. Spadaro (02:46:19):
May I approach the witness?
The Court (02:46:19):
Yes.
Ms. Spadaro (02:46:20):
All right. So Ms. Clark, I'm handing you what's been pre-marked as State's Exhibit 87 for identification. Before I ask if you recognize this, was Largo Police Department the main case agent in this case?
Robin Clark (02:46:31):
Yes.
Ms. Spadaro (02:46:33):
Okay. And working in forensics at the Sheriff's office, do you often work with other agencies?
Robin Clark (02:46:37):
Yes. Other agencies contract our services.
Ms. Spadaro (02:46:39):
Okay. So then after you collect this and it gets submitted to Largo, do they repackage it?
Robin Clark (02:46:44):
Yes.
Ms. Spadaro (02:46:44):
Okay. So do you see a Largo Police Department PR number, report number, and case number on here?
Robin Clark (02:46:51):
Yes.
Ms. Spadaro (02:46:52):
Do you also see a yellow sticker on this as well?
Robin Clark (02:46:55):
Yes.
Ms. Spadaro (02:46:55):
And what does that indicate?
Robin Clark (02:46:58):
That indicates it has gone to the Pinellas County Forensic Lab.
Ms. Spadaro (02:47:01):
Okay. So do you see your initials or any identifying markers for this envelope specifically?
Robin Clark (02:47:07):
No.
Ms. Spadaro (02:47:08):
Would you need to open it up to see if your swab is what's inside?
Robin Clark (02:47:11):
Yes.
Ms. Spadaro (02:47:11):
Okay. There's some gloves right there.
Robin Clark (02:47:13):
Sorry.
Ms. Spadaro (02:47:13):
That's okay. All right. So is there a smaller envelope inside of this larger envelope?
Robin Clark (02:48:03):
Yes.
Ms. Spadaro (02:48:04):
Okay. And do you recognize that envelope?
Robin Clark (02:48:06):
Yes.
Ms. Spadaro (02:48:06):
And how do you recognize it?
Robin Clark (02:48:08):
This is the evidence label that I created when I built the evidence, and my initials and date are on the evidence tape.
Ms. Spadaro (02:48:17):
Okay. And is this... After you collected those swabs, did you place it in this envelope?
Robin Clark (02:48:22):
Correct.
Ms. Spadaro (02:48:22):
And then seal it and initial and sign it?
Robin Clark (02:48:24):
Correct.
Ms. Spadaro (02:48:25):
Is this in the same or substantially the same condition as when you last saw it?
Robin Clark (02:48:29):
Yes.
Ms. Spadaro (02:48:30):
At this time, the State would offer into evidence what's been pre-marked as State's 87 for identification as State's 87.
The Court (02:48:37):
Any objection?
Tomasz Kosowski (02:48:38):
Out of an abundance of caution, yes, Your Honor.
The Court (02:48:40):
That certainly is an abundance of caution. All right. It's admitted.
Ms. Spadaro (02:48:43):
Thank you, Your Honor. And again, that was from this spot right here at marker 10, right?
Robin Clark (02:48:50):
Correct.
Ms. Spadaro (02:48:51):
Okay. And we've seen zoomed in photos of possible blood, so we're not going to focus on that this time, but I do want to talk about whether or not you collected any other possible blood samples. So did you collect any other samples where you thought possibly blood would be indicated and then ran it through the phenolphthalein testing?
Robin Clark (02:49:12):
I collected blood samples, as we stated, between markers seven through 12, and then also different areas in the men's bathroom.
Ms. Spadaro (02:49:23):
Okay. Can you walk through those areas?
Robin Clark (02:49:28):
I collected possible blood from the right paper towel dispenser, top of the toilet tank, bottom toilet seat, left side, bottom portion of the toilet, handrail in the men's stall, right edge, handrail in the men's stall, center area, handrail, left area, interior edge of stall door above the handle.
Ms. Spadaro (02:49:59):
Okay. And did you collect any blind swabs?
Robin Clark (02:50:03):
Yes. I also collected a blind swab from the front edge of the men's bathroom sink.
Ms. Spadaro (02:50:08):
What is a blind swab?
Robin Clark (02:50:10):
A blind swab is when there's not anything visible, but because of the area that it's located in, there could possibly be blood that is not seen.
Ms. Spadaro (02:50:22):
Okay. So kind of out of an abundance of caution?
Robin Clark (02:50:25):
Correct.
Ms. Spadaro (02:50:25):
Okay. And with those swabs that you took, did you do phenolphthalein testing on those?
Robin Clark (02:50:32):
I did.
Ms. Spadaro (02:50:33):
Okay. And did any come back with possible blood? Or was it the lab maybe who would've been responsible for additional blood testing?
Robin Clark (02:50:42):
No, they're all tested with phenolphthalein. Everything came back positive except for photo marker number six, the bathroom floor near the sink.
Ms. Spadaro (02:50:52):
Okay. Now again, not your decision to decide which one of those swabs then goes on to Pinellas County Forensic Laboratory for testing, right?
Robin Clark (02:51:01):
Correct.
Ms. Spadaro (02:51:02):
But if it had a yellow label on one of those swabs, again, would that be indicative of it going to the lab for further analysis?
Robin Clark (02:51:08):
Yes.
Ms. Spadaro (02:51:09):
Okay. So I want to focus on, you mentioned one of the swabs you took was from the left toilet seat bottom. May I approach the clerk?
The Court (02:51:15):
You may.
Ms. Spadaro (02:51:25):
[inaudible 02:51:26] is asking to re-mark as State's 85 for identification.
Tomasz Kosowski (02:51:34):
Which item number is this?
Ms. Spadaro (02:51:35):
Pro Largo.
Tomasz Kosowski (02:51:37):
Pro Largo or both. Any one that you can provide.
Ms. Spadaro (02:51:40):
So [inaudible 02:51:42].
Tomasz Kosowski (02:51:52):
[inaudible 02:51:52]. Thank you.
Ms. Spadaro (02:51:52):
And it's item 211 from Largo. [inaudible 02:52:00].
Tomasz Kosowski (02:51:52):
Okay.
Ms. Spadaro (02:51:52):
Okay.
Tomasz Kosowski (02:52:02):
Thanks. I'm sorry. So this is 85 and 22?
Ms. Spadaro (02:52:08):
It's labeled as 22 from the lab.
Tomasz Kosowski (02:52:09):
Okay. Good.
Ms. Spadaro (02:52:09):
[inaudible 02:52:13].
Tomasz Kosowski (02:52:09):
Got it.
Ms. Spadaro (02:52:13):
May I approach the witness?
The Court (02:52:14):
Yes.
Ms. Spadaro (02:52:16):
I'm showing you what's been pre-marked as State's 85 for identification. Is this the same situation we're in before? We have a Largo case number, we have a yellow label from the lab, but maybe not a PCSO number?
Robin Clark (02:52:27):
Correct.
Ms. Spadaro (02:52:28):
Okay. So in order to see if you recognize whether your swab is in that envelope, would you need to open it?
Robin Clark (02:52:32):
Yes.
Ms. Spadaro (02:52:32):
Okay. You can do that. Do you recognize it?
Robin Clark (02:52:33):
Yes.
Ms. Spadaro (02:52:56):
Okay. And how do you recognize it?
Robin Clark (02:52:59):
Again, this is the evidence label that I put on the envelope after building the evidence, and my initials and date of collection are on the evidence tape.
Ms. Spadaro (02:53:10):
Okay. And what was that, the evidence number for the PCSO?
Robin Clark (02:53:16):
Nine.
Ms. Spadaro (02:53:17):
Nine? Just for Dr. Kosowski to know. Is that envelope in the same or substantially the same condition as it was when you packaged the swab?
Robin Clark (02:53:23):
Yes.
Ms. Spadaro (02:53:24):
At this time, the State would offer into evidence what's been pre-marked as State's, is it 87?
Speaker 7 (02:53:28):
85.
Ms. Spadaro (02:53:29):
85 for identification and State's 85.
The Court (02:53:32):
Any objection?
Tomasz Kosowski (02:53:33):
Yes, Your Honor.
The Court (02:53:34):
All right. Same basis?
Tomasz Kosowski (02:53:36):
Yes, sir.
The Court (02:53:37):
All right. Overruled. It's admitted.
Ms. Spadaro (02:53:42):
All right. So there are a lot of photos that we saw Specialist King. She was the one who was primarily responsible for documenting photographs of the bathroom. Is that fair?
Robin Clark (02:53:50):
Yes.
Ms. Spadaro (02:53:50):
And I said King, Copeland now?
Robin Clark (02:53:52):
Yes.
Ms. Spadaro (02:53:52):
Okay. This photo that we have up here for the record, B59101-0594. jpeg, is this the red spot that you tested with that swab we just admitted into evidence?
Robin Clark (02:54:08):
Yes.
Ms. Spadaro (02:54:09):
Okay. Now, after you finished collecting these swabs, what did you do with the evidence?
Robin Clark (02:54:16):
So after we completed the scene, we returned to our office, where evidence is packaged and then secured at property and evidence.
Ms. Spadaro (02:54:26):
Okay. So you bring these envelopes back to property and evidence at the sheriff's office, right?
Robin Clark (02:54:31):
We bring the envelopes back to the forensic science division.
Ms. Spadaro (02:54:34):
I'm sorry, the forensic science division. And when you go there, what do you do with it? Do you put it in a locker? Do you give it to somebody? What do you do?
Robin Clark (02:54:41):
So for this case, I stayed to complete the evidence. So I stayed, packaged, which includes building the evidence label that's placed on it and then taking those to property and evidence.
Ms. Spadaro (02:54:54):
Okay. And is that a secured facility?
Robin Clark (02:54:56):
Yes.
Ms. Spadaro (02:54:57):
Does anyone have access to it or do you have to be a member of the sheriff's office?
Robin Clark (02:55:01):
You have to badge in for the forensic science division, yes.
Ms. Spadaro (02:55:00):
Member of the Sheriff's office?
Speaker 10 (02:55:01):
[inaudible 02:55:01] have to badge in for the Forensic Science Division, yes.
Ms. Spadaro (02:55:04):
Okay. Did that complete your involvement in this case?
Speaker 10 (02:55:06):
Yes.
Ms. Spadaro (02:55:07):
May I have a moment to confer? I have no further questions for this witness at this time. If I could just retrieve the scissors.
Judge (02:55:21):
You may. Any cross-examination, Mr. Kosowski?
Speaker 10 (02:55:24):
Can I get released?
Judge (02:55:26):
I'm sorry, I didn't hear you.
Speaker 11 (02:55:27):
No, Your Honor.
Judge (02:55:30):
All right, ma'am, you may step down.
Speaker 10 (02:55:31):
Thank you.
Ms. Spadaro (02:55:32):
And she can be released if that's okay [inaudible 02:55:34].
Judge (02:55:33):
All right, very good. Enjoy your retirement.
Speaker 10 (02:55:36):
Thank you.
Judge (02:55:43):
All right. State, please call your next witness.
Ms. Spadaro (02:55:45):
Yes, your Honor. The state would call forensic specialist Nikki Bole.
Speaker 12 (02:56:20):
Do you solemnly swear the testimony you're about to give will be the truth, the whole truth, and nothing but the truth, so help you God?
Nikki Bole (02:56:24):
I do. Good morning.
Judge (02:56:39):
Good morning, ma'am. Ms. [inaudible 02:56:40], you may inquire.
Ms. Spadaro (02:56:39):
Thank you, Your Honor. Good morning.
Nikki Bole (02:56:39):
Good morning.
Ms. Spadaro (02:56:39):
Will you please introduce yourself and spell your full name for the record?
Nikki Bole (02:56:42):
My name is Nikki Bole, N-I-K-K-I B-O-L-E.
Ms. Spadaro (02:56:47):
Okay. And where do you work?
Nikki Bole (02:56:49):
The Pinellas County Sheriff's Office.
Ms. Spadaro (02:56:51):
How long have you worked there?
Nikki Bole (02:56:52):
Almost seven years.
Ms. Spadaro (02:56:54):
And what is your role there?
Nikki Bole (02:56:56):
I'm a forensic science specialist.
Ms. Spadaro (02:56:58):
And has that been your role the entire time or did you have other roles?
Nikki Bole (02:57:03):
Just shy of four years in forensics, and then I transferred from a civilian position at the Pinellas County Jail.
Ms. Spadaro (02:57:10):
Okay. Can you tell the court about your educational background and training as it relates to being a forensic specialist?
Nikki Bole (02:57:18):
I have an associate's degree in crime scene technology and a bachelor's degree in criminology.
Ms. Spadaro (02:57:27):
Did you do any additional training once you got to the unit, the forensic science unit?
Nikki Bole (02:57:31):
I did, yes.
Ms. Spadaro (02:57:32):
Can you tell us about that?
Nikki Bole (02:57:34):
Initial training was an academy-based training, classroom type training, and then field training, on the job training at that point, where I am guided by forensic training specialists in how to conduct work in the field on the different calls that we're dispatched out to. And then from there I receive annual training in different topics relating to forensics.
Ms. Spadaro (02:58:02):
Okay. So talk to me a little bit about that field training that you did when you first got to the unit. So how long does that take before you can go out on your own?
Nikki Bole (02:58:11):
It was approximately 600 hours. It spans over a few months of time, and there are several phases, four phases in which each phase I'm expected or it's anticipated that I can conduct at least 25% more of the work on my own with the exception of new scenes and scenarios that I've not yet been exposed to.
Ms. Spadaro (02:58:35):
So back in March of 2023, where were you at in that training process?
Nikki Bole (02:58:39):
It was my last day of phase training, so a field training.
Ms. Spadaro (02:58:44):
And are you talking about on March 23rd specifically?
Nikki Bole (02:58:46):
I am, yes.
Ms. Spadaro (02:58:47):
So that was your last day of field training before you got to go out on your own?
Nikki Bole (02:58:50):
It was, yes.
Ms. Spadaro (02:58:51):
And who was your field training officer?
Nikki Bole (02:58:52):
Forensic Training Specialist King.
Ms. Spadaro (02:58:55):
Okay. And is she now Copeland?
Nikki Bole (02:58:56):
She is, yes.
Ms. Spadaro (02:58:57):
And your last name is Bole. Back then, was it Webster?
Nikki Bole (02:59:01):
It was, yes.
Ms. Spadaro (02:59:02):
So if you have any evidence that you collected or documented, would it have been under Webster?
Nikki Bole (02:59:07):
It would have, yes.
Ms. Spadaro (02:59:08):
Okay. So I want to talk about March 23rd, 2023. On that day, did you arrive to a residence located at 511 Seaview Drive in Tarpon Springs?
Nikki Bole (02:59:19):
I did.
Ms. Spadaro (02:59:20):
And why did you go there?
Nikki Bole (02:59:24):
For the purpose of a search warrant being conducted, and then I was delegated to help document the scene and collect any items of evidence that would be requested.
Ms. Spadaro (02:59:41):
Okay.
Speaker 11 (02:59:41):
[inaudible 02:59:42] to the testimony.
Judge (02:59:42):
[inaudible 02:59:42] all of her testimony and everything that gets admitted from the house. So it's preserved. Overruled, by the way.
Ms. Spadaro (02:59:49):
Sorry.
Judge (02:59:49):
All right.
Ms. Spadaro (02:59:49):
May I proceed?
Judge (02:59:49):
You may continue.
Ms. Spadaro (02:59:54):
Thank you. So Specialist Bole, you get there pursuant to a search warrant and it is your job to now help document and preserve any possible evidence that is within that residence, fair?
Nikki Bole (03:00:04):
Yes.
Ms. Spadaro (03:00:05):
Okay. And was one of your primary roles to take a lot of photographs of that residence?
Nikki Bole (03:00:09):
It was, yes.
Ms. Spadaro (03:00:11):
Okay. So before we talk about that, tell us about the residence. Was it like a multi-story residence? Did it have a garage? Walk us through that.
Nikki Bole (03:00:18):
It was a two-story garage or a two-story home, I apologize, with two garage bay doors that were facing the east side of the residence. And then there were stairs leading up to a front entry door on the second floor that was also facing the east side.
Ms. Spadaro (03:00:39):
Okay. Were there multiple bedrooms upstairs in that residence?
Nikki Bole (03:00:42):
There were, yes.
Ms. Spadaro (03:00:43):
Okay. Multiple bathrooms as well?
Nikki Bole (03:00:44):
Yes.
Ms. Spadaro (03:00:45):
And did you document, photograph, inside of the garage as well as inside of the residence up the stairs?
Nikki Bole (03:00:53):
I did, yes.
Ms. Spadaro (03:00:55):
Okay. May I approach the clerk?
Judge (03:01:42):
You may.
Ms. Spadaro (03:01:42):
May I approach the witness?
Judge (03:01:43):
You may.
Ms. Spadaro (03:01:44):
This is yet to be pre-marked forensic specialist Bole, but I'm handing you a USB. Do you recognize this?
Nikki Bole (03:01:51):
I do, yes.
Ms. Spadaro (03:01:52):
And what is it?
Nikki Bole (03:01:52):
It is a USB flash drive with my initials and date on it from when I viewed.
Ms. Spadaro (03:01:59):
Okay. And did you review what's on the USB?
Nikki Bole (03:02:01):
I did, yes.
Ms. Spadaro (03:02:02):
And what is on the USB?
Nikki Bole (03:02:03):
Photographs that I took of the residence.
Ms. Spadaro (03:02:06):
Over a thousand?
Nikki Bole (03:02:07):
Yes.
Ms. Spadaro (03:02:08):
Okay. And when you reviewed the photographs, did they fairly and accurately depict the photographs that you took back on March 23rd, 2023 at 511 Seaview Drive?
Nikki Bole (03:02:18):
They do, yes.
Ms. Spadaro (03:02:19):
Okay. At this time, I would ask to enter into evidence what has yet to be pre-marked, but what would be states-
Speaker 12 (03:02:27):
102.
Ms. Spadaro (03:02:28):
102.
Judge (03:02:29):
All right. So over the objection of the defense, it's admitted.
Ms. Spadaro (03:02:32):
Okay. So I want to, if it's okay with the court, publish some of those photos and I want to start with the outside. All right. So what are we looking at in this photo? And for the record, it's K-60245-00713.jpg.
Nikki Bole (03:02:55):
Is a photograph I took of the garage doors open on the northeast side of the residence, and then it also depicts a vehicle in one of the bays of the garage.
Ms. Spadaro (03:03:08):
Okay. And what kind of vehicle is that?
Nikki Bole (03:03:10):
It was a Toyota Tundra.
Ms. Spadaro (03:03:12):
And if we could just zoom in, was there a tag on it?
Nikki Bole (03:03:15):
There is, yes.
Ms. Spadaro (03:03:16):
If we could just zoom in and say what it is, or maybe the next photo. All right. Can you see what the tag is?
Nikki Bole (03:03:23):
I can't from that photo, but I know I took one closer up of the tag.
Ms. Spadaro (03:03:32):
Does that help?
Nikki Bole (03:03:35):
It's still a little blurry or bright. I apologize. Yes, I can make out the tag.
Ms. Spadaro (03:03:42):
And what's the tag number?
Nikki Bole (03:03:43):
It is 70ANQU. All right. It's a Florida tag.
Ms. Spadaro (03:03:49):
Florida tag?
Nikki Bole (03:03:50):
Yes.
Ms. Spadaro (03:03:50):
Not a New Jersey tag?
Nikki Bole (03:03:51):
No.
Ms. Spadaro (03:03:51):
Okay. Now, was this where the truck was located prior to the garage doors being opened?
Nikki Bole (03:03:59):
I'm assuming so, yes. I was standing there when they opened the garage door and that's where the truck was located.
Ms. Spadaro (03:04:05):
Okay. Now, did you eventually go inside of the garage and take photographs of the Tundra?
Nikki Bole (03:04:10):
I did.
Ms. Spadaro (03:04:11):
All right. So if we could go to those photos. All right. So is this just a closer up version of that tag that's not as bright that you could probably see better now?
Nikki Bole (03:04:22):
It is, yes.
Ms. Spadaro (03:04:23):
All right. Did you document around the truck? So did you take pictures of all different areas?
Nikki Bole (03:04:28):
I did, yes.
Ms. Spadaro (03:04:30):
All right. And is that the driver's side of it?
Nikki Bole (03:04:32):
Yes.
Ms. Spadaro (03:04:33):
Were there any other vehicles, like cars, that were located at the property when you arrived?
Nikki Bole (03:04:38):
Cars? No.
Ms. Spadaro (03:04:39):
No. Motorcycle?
Nikki Bole (03:04:40):
I believe so. I don't recall exactly.
Ms. Spadaro (03:04:43):
All right. And did you take pictures of the inside?
Nikki Bole (03:04:45):
I did, yes.
Ms. Spadaro (03:04:46):
All right. And is this photo, which is K-60245-0071(41) what is this?
Nikki Bole (03:04:57):
It is the rear driver's side of the truck, the floorboard, and there is a wire that's running across the floorboard.
Ms. Spadaro (03:05:07):
Where does that wire run to?
Nikki Bole (03:05:09):
To the bed of the truck, down towards the license plate.
Ms. Spadaro (03:05:13):
Okay. Go to the next one. All right. And is this the bed of that truck?
Nikki Bole (03:05:17):
It is, yes.
Ms. Spadaro (03:05:18):
Is this the board that you're referring to right here, running to the license plate?
Nikki Bole (03:05:24):
It is, yes.
Ms. Spadaro (03:05:25):
All right. Now, there's a lot in the bed of that truck. Did you ultimately document what was possible blood?
Nikki Bole (03:05:35):
I did.
Ms. Spadaro (03:05:36):
Okay. So what are we looking at in this one? And for the record, that's K60245-0071(83).
Nikki Bole (03:05:47):
It is the inside of the tailgate of the truck, an area that is possible blood that was observed as well as a scale to put down for documentation purposes.
Ms. Spadaro (03:06:00):
Now, the spots that you observed that you put the scale down, are you referring to about right here and right here?
Nikki Bole (03:06:07):
Yes.
Ms. Spadaro (03:06:08):
All right. Is there another one possibly over here as well?
Nikki Bole (03:06:10):
Possibly.
Ms. Spadaro (03:06:11):
All right. Go to the next one. Is this another spot that you put the scale next to?
Nikki Bole (03:06:21):
It is, yes.
Ms. Spadaro (03:06:25):
Okay. And what about here? Is this a different area documenting potential blood?
Nikki Bole (03:06:30):
It is possible blood, yes. An area.
Ms. Spadaro (03:06:33):
And then another spot right here?
Nikki Bole (03:06:35):
Yes.
Ms. Spadaro (03:06:36):
All right. And another one over here?
Nikki Bole (03:06:39):
Yes.
Ms. Spadaro (03:06:40):
And over here?
Nikki Bole (03:06:41):
Yes.
Ms. Spadaro (03:06:43):
All right. More over here?
Nikki Bole (03:06:50):
Yes.
Ms. Spadaro (03:06:50):
And this is all in the bed, right?
Nikki Bole (03:06:52):
Correct.
Ms. Spadaro (03:06:52):
All right. Now, this looks like it's up against the wheel well on the passenger side. Is this another area?
Nikki Bole (03:06:58):
It is, yes.
Ms. Spadaro (03:07:01):
All right. All right. So after you documented the areas that appeared that they could be blood, did you swab for those areas to see if they tested presumptive positive?
Nikki Bole (03:07:12):
I did not.
Ms. Spadaro (03:07:13):
All right. Do you remember who did?
Nikki Bole (03:07:14):
I don't recall.
Ms. Spadaro (03:07:15):
All right. Was that done though?
Nikki Bole (03:07:18):
From my knowledge, it was, but I can't speak to fact on that.
Ms. Spadaro (03:07:21):
All right. Did you document the truck after it had been sealed?
Nikki Bole (03:07:26):
I did, yes.
Ms. Spadaro (03:07:27):
All right. And if we could just publish those as well. All right. So what are we looking at here?
Nikki Bole (03:07:41):
That is the closed tailgate of the truck, and in the bottom right corner, there is a piece of evidence tape to indicate that the tailgate was sealed.
Ms. Spadaro (03:07:53):
All right. So was this done after you had photographed the bed of that truck and the inside of that truck?
Nikki Bole (03:07:57):
Yes.
Ms. Spadaro (03:07:58):
All right. And what's the purpose of this?
Nikki Bole (03:08:02):
When the vehicle is towed to a different location, it is further documented. The seals are to show that there hadn't been any tampering or opening of the doors or anything like that on the vehicle.
Ms. Spadaro (03:08:15):
So are these seals placed really anywhere that could be opened, so the tailgate of the truck, the doors and the hood and things like that?
Nikki Bole (03:08:23):
Yes.
Ms. Spadaro (03:08:23):
All right. And on those seals, does it indicate the person who sealed them by initials and date?
Nikki Bole (03:08:28):
It does.
Ms. Spadaro (03:08:29):
All right. And then was that sealed all around the truck, all of the different possible openings?
Nikki Bole (03:08:35):
It was.
Ms. Spadaro (03:08:35):
Okay. Was the truck ultimately towed to a different location?
Nikki Bole (03:08:41):
Yes.
Ms. Spadaro (03:08:42):
And do you know where that location was?
Nikki Bole (03:08:44):
I don't recall the location.
Ms. Spadaro (03:08:45):
Okay. Were you there when it got towed?
Nikki Bole (03:08:48):
I was on scene, but I don't believe I was outside during the time it was towed because I was also upstairs in the residential living space of the home.
Ms. Spadaro (03:08:58):
Did you ever see anybody use those keys that were on the hood of the truck, drive the truck out of the garage, and then load it up on a tow truck?
Nikki Bole (03:09:05):
I did not, no.
Ms. Spadaro (03:09:07):
All right. So now I want to talk about some other items of evidence that were located in the garage. Did you see or document any type of wagon?
Nikki Bole (03:09:18):
I did, yes.
Ms. Spadaro (03:09:19):
All right. Do you recall what color it was?
Nikki Bole (03:09:22):
Black, I believe.
Ms. Spadaro (03:09:23):
All right. If we could publish those photos or a photo. Yeah. All right. So is this the wagon that was located in the garage of 511 Seaview?
Nikki Bole (03:09:41):
It is.
Ms. Spadaro (03:09:41):
All right. And you said it was black. Does it have a yellow stripe on it?
Nikki Bole (03:09:45):
It does.
Ms. Spadaro (03:09:46):
And does it have a make on it, like the brand of wagon?
Nikki Bole (03:09:50):
It does, yes.
Ms. Spadaro (03:09:51):
And what is that make?
Nikki Bole (03:09:52):
Gorilla Carts.
Ms. Spadaro (03:09:54):
All right. Now, did you ultimately make your way inside of the residence and take more photographs?
Nikki Bole (03:10:00):
I did, yes.
Ms. Spadaro (03:10:01):
So I want to focus on, there was about, it was 1,122 photographs that were on that USB, but I do want to just focus on a few.
Nikki Bole (03:10:10):
Okay.
Ms. Spadaro (03:10:10):
Did you see any documentation that had Tomasz or Tomasz Kosowski's name on it?
Nikki Bole (03:10:16):
I did, yes.
Ms. Spadaro (03:10:17):
And did you take pictures of that?
Nikki Bole (03:10:18):
I did.
Ms. Spadaro (03:10:19):
All right. We could publish those. All right. So where is this located?
Nikki Bole (03:10:25):
This is on the dining room table that is towards the north end, just outside of the kitchen area and the living room.
Ms. Spadaro (03:10:36):
And did you take closeup photos of each of those documents?
Nikki Bole (03:10:39):
I did.
Ms. Spadaro (03:10:39):
All right. All right. I'm not sure if we can zoom in a little bit, but I'm looking at this right here. It's the paper that's on the top right of this photograph, which is K-60245-0071(617). Do you see Tomasz Kosowski's name there?
Nikki Bole (03:11:02):
I do.
Ms. Spadaro (03:11:03):
And is it indicating that he's the plaintiff versus Dunedin Surgical Consultants?
Nikki Bole (03:11:08):
Yes.
Ms. Spadaro (03:11:09):
And does it give a case number of 19-003057-CI?
Nikki Bole (03:11:15):
Yes.
Ms. Spadaro (03:11:18):
All right. And then is there an envelope underneath that as well on here?
Nikki Bole (03:11:22):
Yes.
Ms. Spadaro (03:11:23):
And I know it's upside down, but if you could see it, does it have his name on that envelope?
Nikki Bole (03:11:30):
Yes.
Ms. Spadaro (03:11:30):
And does it say Tom Kosowski with the address of 511 Seaview Drive?
Nikki Bole (03:11:34):
It does.
Ms. Spadaro (03:11:34):
All right. Go to the next one. All right. So if we can zoom into this one, is this also located on that table?
Nikki Bole (03:11:47):
It is.
Ms. Spadaro (03:11:48):
And what are we looking at here?
Nikki Bole (03:11:51):
It is a real estate tax document also with the name Tomasz Kosowski on it.
Ms. Spadaro (03:12:00):
And the address of 511 Seaview?
Nikki Bole (03:12:01):
Yes.
Ms. Spadaro (03:12:02):
Okay. And then is this another envelope that is upside down that says Tom Kosowski on it?
Nikki Bole (03:12:09):
It is, yes.
Ms. Spadaro (03:12:18):
All right. So what is this? What is this a picture of?
Nikki Bole (03:12:21):
It's a jury summons that was located in the kitchen.
Ms. Spadaro (03:12:25):
So a different area, not the dining room?
Nikki Bole (03:12:27):
Correct.
Ms. Spadaro (03:12:28):
And this jury summons, does it have Tomasz Kosowski's name on it?
Nikki Bole (03:12:32):
It does, yes.
Ms. Spadaro (03:12:33):
And when was the date for the jury summons to be reported on?
Nikki Bole (03:12:36):
April 17th, 2023.
Ms. Spadaro (03:12:39):
And below that, do you also see his address of 511 Seaview Drive in Tarpon Springs?
Nikki Bole (03:12:44):
I do.
Ms. Spadaro (03:12:48):
All right. So what are we looking at here?
Nikki Bole (03:12:51):
This is a couch that was located in a room off from the master bedroom that was at the southeast corner of the residence.
Ms. Spadaro (03:13:01):
All right. And is there some documentation at the bottom that shows his name as well?
Nikki Bole (03:13:05):
Yes.
Ms. Spadaro (03:13:06):
And what is this documentation of?
Nikki Bole (03:13:08):
It is a Department of Health Division of Medical Quality Assurance document.
Ms. Spadaro (03:13:16):
All right. Now this doesn't have the 511 Seaview Drive residence, but does it have a Miami residence associated with it?
Nikki Bole (03:13:22):
I can't make out from this far. I apologize.
Ms. Spadaro (03:13:29):
Mr. [inaudible 03:13:30] going to scoot it over, so hopefully you can see it better.
Nikki Bole (03:13:31):
Okay.
Speaker 13 (03:13:31):
[inaudible 03:13:33] find my cursor.
Nikki Bole (03:13:41):
Yes. Miami address.
Ms. Spadaro (03:13:43):
Right here?
Nikki Bole (03:13:43):
Yes.
Ms. Spadaro (03:13:44):
All right. Okay. All right. So you photographed documentation to help identify maybe who the owner who was living in that residence at the time was, right?
Nikki Bole (03:13:56):
Yes.
Ms. Spadaro (03:13:56):
Did you also document and photograph any cleaning supplies that was located in the residence?
Nikki Bole (03:14:04):
I don't remember any specific ones and where they may have been located.
Ms. Spadaro (03:14:09):
All right. Well, let's look and see if there's a photograph you recognize. Do you recognize this photograph as being one of yours?
Nikki Bole (03:14:17):
Yes.
Ms. Spadaro (03:14:17):
All right. And I've been reading out the file names, that K-60245-1016. Does that indicate your payroll number?
Nikki Bole (03:14:26):
Yes.
Ms. Spadaro (03:14:27):
Okay. So is that how you know you took that photograph as well?
Nikki Bole (03:14:30):
Yes.
Ms. Spadaro (03:14:31):
All right. So if we could go back though, what are we looking at here? What room is this in?
Nikki Bole (03:14:37):
I believe that is the master bathroom.
Ms. Spadaro (03:14:39):
All right. And at the bottom right corner right there, if we could just zoom in a little bit, what is that?
Nikki Bole (03:14:48):
Isopropyl alcohol.
Ms. Spadaro (03:14:50):
All right. If we can go to the next one. This is for the record, K-60245-1026. Jpeg. Where is this photograph located?
Nikki Bole (03:15:05):
The bathroom counter in the master bathroom.
Ms. Spadaro (03:15:08):
All right. Is this another photograph of a different bottle of isopropyl alcohol?
Nikki Bole (03:15:11):
It is.
Ms. Spadaro (03:15:12):
All right. Now, in addition to the documentation and the cleaning supplies, did you document any medical equipment or specifically syringes?
Nikki Bole (03:15:25):
Yes.
Ms. Spadaro (03:15:26):
And where was that located?
Nikki Bole (03:15:27):
On a shelf in the laundry room.
Ms. Spadaro (03:15:31):
If we could just publish that. All right. So for the record, that's K-60245-0071(467.jpeg). So what are we looking at here?
Nikki Bole (03:15:43):
That is a bottom shelf in a closet in the laundry room, and then a few syringes that are on that shelf.
Ms. Spadaro (03:15:51):
Okay. You take close up photos of those syringes?
Nikki Bole (03:15:53):
I do, yes.
Ms. Spadaro (03:15:54):
Okay. And there're also needles within those packaging?
Nikki Bole (03:15:56):
Correct.
Ms. Spadaro (03:16:08):
Okay. All right. Now, all of the photos of everything you took in the residence are in evidence, so if Judge wants to go back and look at it, he can, but I want to go back to the garage. So after you document and photograph the residence, do you ultimately make your way back into the garage?
Nikki Bole (03:16:24):
Yes.
Ms. Spadaro (03:16:25):
And was luminol testing done in the garage?
Nikki Bole (03:16:29):
It was.
Ms. Spadaro (03:16:29):
Was that done by you or someone else?
Nikki Bole (03:16:32):
If I recall, it was Forensic Training Specialist King that applied the Luminol.
Ms. Spadaro (03:16:38):
Okay. Was Forensic Specialist [inaudible 03:16:40] also there?
Nikki Bole (03:16:40):
She was.
Ms. Spadaro (03:16:41):
Okay. And so as Luminol is getting sprayed in the garage, where is it being sprayed?
Nikki Bole (03:16:49):
The garage floor.
Ms. Spadaro (03:16:51):
Was this after the truck had been towed?
Nikki Bole (03:16:53):
It was.
Ms. Spadaro (03:16:54):
All right. And I just interrupted you. What were you going to say?
Nikki Bole (03:16:56):
It's okay. I was going to say it was in the bay areas, where the bay doors were.
Ms. Spadaro (03:17:02):
All right. And in order to have the Luminol possibly work, did they have to put something on the windows to the garage to make sure it was completely dark?
Nikki Bole (03:17:12):
Yes.
Ms. Spadaro (03:17:12):
And after the Luminol was applied to the garage floor, did it luminate?
Nikki Bole (03:17:17):
It did.
Ms. Spadaro (03:17:17):
And what is the purpose of Luminol? What does that mean if it's luminating?
Nikki Bole (03:17:22):
It indicates areas of possible blood or possible cleaning products, things like that.
Ms. Spadaro (03:17:29):
So it reacts to hemoglobin from blood, right?
Nikki Bole (03:17:32):
Yes.
Ms. Spadaro (03:17:33):
And it reacts to potential cleaning products and maybe some other things, right?
Nikki Bole (03:17:36):
Correct.
Ms. Spadaro (03:17:37):
Fair to say that the process of Luminol testing is to kind of help guide you all to see if you can take any swabs and then do further testing?
Nikki Bole (03:17:44):
Yes.
Ms. Spadaro (03:17:45):
So after that was done in the garage, were there any areas that lit up with Luminol?
Nikki Bole (03:17:51):
There were.
Ms. Spadaro (03:17:52):
And where was that?
Nikki Bole (03:17:53):
The north end of the garage floor and the middle of the garage floor. After viewing pictures, I observed the middle to be nearest the south bay door.
Ms. Spadaro (03:18:04):
Okay. And was there phenolphthalein testing that was conducted on those swabs?
Nikki Bole (03:18:09):
There was.
Ms. Spadaro (03:18:10):
I'm sorry. Did you swab those areas?
Nikki Bole (03:18:11):
I did.
Ms. Spadaro (03:18:12):
And then was there phenol phenolphthalein testing done on those swabs?
Nikki Bole (03:18:14):
Yes.
Ms. Spadaro (03:18:15):
And that was a three-step process, right?
Nikki Bole (03:18:18):
Correct.
Ms. Spadaro (03:18:18):
Were there any possible blood that was indicated in those swabs?
Nikki Bole (03:18:24):
There were.
Ms. Spadaro (03:18:25):
Okay. So both swabs presumptive positive for blood?
Nikki Bole (03:18:28):
Yes.
Ms. Spadaro (03:18:29):
And is it your job to decide if those swabs then go on for further testing, like DNA analysis at the Pinellas County Forensic Laboratory?
Nikki Bole (03:18:37):
It is not.
Ms. Spadaro (03:18:38):
Whose job is that?
Nikki Bole (03:18:39):
Typically a detective or lead case agent on a case.
Ms. Spadaro (03:18:43):
All right. So I want to focus though on one that actually was submitted to the Pinellas County Forensic Laboratory, not at your direction, but that was. May I approach the clerk?
Judge (03:18:51):
You may.
Ms. Spadaro (03:19:03):
May I approach Tomasz Kosowski?
Judge (03:19:06):
Yes.
Ms. Spadaro (03:19:07):
I'm showing him what's going to be marked as State's 52 for identification.
Speaker 11 (03:19:16):
What item number is that? Is this number eight?
Ms. Spadaro (03:19:22):
It's item seven from Pinellas [inaudible 03:19:23] laboratory.
Speaker 11 (03:19:22):
Item Seven.
Ms. Spadaro (03:19:22):
It would be item number seven [inaudible 03:19:23] police department. I don't have the PCSO number yet.
Speaker 11 (03:19:22):
And what's the state?
Ms. Spadaro (03:19:23):
It's State's Exhibit 52.
Speaker 11 (03:19:42):
Thanks.
Ms. Spadaro (03:19:42):
May I approach the witness?
Judge (03:19:43):
You may.
Ms. Spadaro (03:19:43):
Thank you. All right. So Specialist Bole, I'm handing you what's been pre-marked as State's 52 for identification. Now, Largo Police Department, they were the ones who were the lead case agents on this case, right?
Nikki Bole (03:20:09):
Yes.
Ms. Spadaro (03:20:10):
And while you were processing, was Tarpon Springs Police Department also searching and seizing items from the residence?
Nikki Bole (03:20:16):
They were.
Ms. Spadaro (03:20:17):
And is that because it was in Tarpon Springs' jurisdiction?
Nikki Bole (03:20:19):
Yes.
Ms. Spadaro (03:20:20):
As a member of the Pinellas County Sheriff's Office, do you also have jurisdiction in Tarpon Springs to search?
Nikki Bole (03:20:26):
Yes.
Ms. Spadaro (03:20:26):
Okay. So Largo's there. They're not searching, but it's their case. Is it often that after you collect evidence and it goes back to the case agent, it's then repackaged in a different envelope?
Nikki Bole (03:20:37):
Yes. For Largo, yes.
Ms. Spadaro (03:20:38):
All right. So is there a Largo case number on this envelope?
Nikki Bole (03:20:42):
Yes.
Ms. Spadaro (03:20:43):
And is there a yellow lab number as well?
Nikki Bole (03:20:45):
There is, yes.
Ms. Spadaro (03:20:46):
On this envelope, do you see any indication that you signed or closed this envelope?
Nikki Bole (03:20:53):
I don't.
Ms. Spadaro (03:20:53):
All right. Would it help if you opened this envelope to see if that swab from the middle garage was inside?
Nikki Bole (03:20:57):
Yes.
Ms. Spadaro (03:20:58):
All right. I'm going to hand you scissors and there's gloves right there. Just cut it open and let me know if you recognize what's inside.
Nikki Bole (03:21:41):
I do recognize the envelope.
Ms. Spadaro (03:21:43):
All right. And what is it?
Nikki Bole (03:21:44):
It is the envelope I packaged these swabs in, and then I sealed and put my initials, date, and payroll on.
Ms. Spadaro (03:21:53):
All right. Is there a Pinellas County Sheriff's Office item number or property number associated with that?
Nikki Bole (03:21:58):
There is, yes.
Ms. Spadaro (03:21:59):
And what is that?
Nikki Bole (03:22:00):
LA23-2583. 161.
Ms. Spadaro (03:22:06):
So would it be item 161?
Nikki Bole (03:22:07):
Yes.
Ms. Spadaro (03:22:08):
All right. And specifically, which swab is this that you took?
Nikki Bole (03:22:11):
This is a possible swab number one from the middle of the garage.
Ms. Spadaro (03:22:16):
All right. And is this the same or substantially the same condition as when you packaged it and sealed it with your evidence tape?
Nikki Bole (03:22:22):
It is.
Ms. Spadaro (03:22:23):
At this time, the state would offer into evidence what's been pre-marked as State's 52 for identification. It's 52.
Judge (03:22:30):
Over the objection of the defense, it's [inaudible 03:22:32].
Ms. Spadaro (03:22:33):
All right.
Speaker 11 (03:22:34):
Just one moment. May I take another look at that?
Ms. Spadaro (03:22:38):
Sure. [inaudible 03:22:38] okay?
Judge (03:22:38):
Sure.
Speaker 11 (03:23:04):
Okay. Yes, I object. Thank you.
Judge (03:23:06):
Right. All right [inaudible 03:23:07], this seems like a good time to break for lunch.
Ms. Spadaro (03:23:12):
I have one more.
Judge (03:23:12):
You have one more?
Ms. Spadaro (03:23:14):
One more and I'll be done.
Judge (03:23:15):
All right. Go ahead.
Ms. Spadaro (03:23:16):
Thank you. I'm sorry. I'm showing defense [inaudible 03:23:19] pre-marked as State's 53 for identification. Largo number eight. It's lab number eight. State's 53. Swab with [inaudible 03:23:36].
Speaker 11 (03:23:36):
Thank you.
Ms. Spadaro (03:23:36):
May I approach the witness?
Judge (03:23:37):
You may.
Ms. Spadaro (03:23:38):
All right. I misspoke earlier. I said one swab that may have been sent to the laboratory, but is there another yellow marker indicating that this swab went to the laboratory as well?
Nikki Bole (03:23:47):
Yes.
Ms. Spadaro (03:23:48):
And again, is this packaged with Largo item numbers on it?
Nikki Bole (03:23:51):
It is.
Ms. Spadaro (03:23:52):
In order to determine if this was your swab that you collected from the middle garage, would you have to open it?
Nikki Bole (03:23:56):
Yes.
Ms. Spadaro (03:23:56):
All right. Go ahead and do that.
Nikki Bole (03:24:21):
This is another one I did, yes.
Ms. Spadaro (03:24:23):
All right. And you recognize it based on the evidence tape with your signature and the date on it?
Nikki Bole (03:24:28):
Yes.
Ms. Spadaro (03:24:28):
Along with the PCSO number?
Nikki Bole (03:24:30):
Correct.
Ms. Spadaro (03:24:30):
What is that item number for PCSO?
Nikki Bole (03:24:31):
162.
Ms. Spadaro (03:24:34):
All right. And same or substantially the same condition as when you packaged it?
Nikki Bole (03:24:36):
Yes.
Ms. Spadaro (03:24:37):
At this time, state would offer into evidence what's 53 is pre-marked as 53.
Judge (03:24:41):
All right. Over the objection of the defense, it's [inaudible 03:24:45].
Ms. Spadaro (03:24:47):
And after you guys took the swabs, what did you do with them?
Nikki Bole (03:24:50):
I transported them to our property and evidence lockers within our forensic sciences division building.
Ms. Spadaro (03:24:57):
All right. And did that complete your investigation in this case?
Nikki Bole (03:24:59):
No.
Ms. Spadaro (03:25:00):
All right. What else did you do?
Nikki Bole (03:25:01):
On a different date, later from the 23rd, I removed or retrieved items from the property and evidence division that were firearms, and I conducted possible DNA swabs on those items, as well as the handles of a couple of knives I collected from the scene. And then I also did phenolphthalein testing on the blades of two knives collected from the residence.
Ms. Spadaro (03:25:30):
All right. Did you photograph a backpack that was in one of those bedrooms that had firearms, which is legal in the state of Florida, but along with some other items of concern?
Nikki Bole (03:25:45):
I did, yes.
Ms. Spadaro (03:25:46):
And was that on your flash drive?
Nikki Bole (03:25:46):
It was.
Ms. Spadaro (03:25:48):
All right. May I have a moment? I have no further questions. Thank you.
Judge (03:25:52):
All right. Any questions, sir? All right. Thank you, ma'am. You may step down.
Nikki Bole (03:25:56):
Thank you.
Speaker 10 (03:25:58):
All right. So this is actually a perfect time for lunch. So we will take an hour for lunch, so we'll see you in one hour.
Speaker 14 (03:30:00):
(silence)
Speaker 15 (03:30:00):
All right.
Mr. Vonderheide (03:30:00):
[inaudible 04:27:30]
Speaker 15 (03:30:00):
Yeah.
Mr. Vonderheide (04:27:30):
Okay.
Speaker 15 (04:28:01):
Do you want to tell him that we're here?
Mr. Vonderheide (04:28:44):
Yes. [inaudible 04:28:44]
Speaker 15 (04:28:44):
Are you ready?
Mr. Vonderheide (04:28:44):
Yes.
Speaker 15 (04:28:45):
Okay. Very good. Do we need Ms. Spendaro or?
Mr. Vonderheide (04:28:49):
She'll be in.
Speaker 15 (04:28:50):
Okay. All right. State, please call your next witness.
Mr. Vonderheide (04:28:53):
State of Florida calls Kristen Stropes.
Speaker 15 (04:29:26):
Can you stand there [inaudible 04:29:27]?
Speaker 16 (04:29:26):
Do you solemnly swear the testimony you're about to give will be the truth, the whole truth, and nothing but the truth, so help you God?
Kristen Stropes (04:29:30):
I do.
Speaker 16 (04:29:31):
Thank you.
Speaker 15 (04:29:39):
Come over here. Make yourself comfortable. Good afternoon, ma'am.
Kristen Stropes (04:29:40):
Good afternoon.
Speaker 15 (04:29:42):
State of Florida, you can inquire.
Mr. Vonderheide (04:29:44):
Thank you, Your Honor. Specialist Stropes, could I have you state your full name and spell your last name for the record?
Kristen Stropes (04:29:50):
Kristen Stropes. And my last name is spelled S-T-R-O-P-E-S.
Mr. Vonderheide (04:29:57):
And where are you presently employed?
Kristen Stropes (04:29:59):
Pinellas County Sheriff's Office in the forensic sciences section.
Mr. Vonderheide (04:30:02):
And how long have you been doing that?
Kristen Stropes (04:30:04):
I've been with them in the forensic sciences section since 2016.
Mr. Vonderheide (04:30:08):
Okay. And what's your current assignment there?
Kristen Stropes (04:30:10):
My current assignment is a forensic science supervisor.
Mr. Vonderheide (04:30:12):
All right. How long have you been a supervisor?
Kristen Stropes (04:30:14):
I was promoted to an assistant supervisor in 2020 and then promoted again to a supervisor in 2023.
Mr. Vonderheide (04:30:20):
Okay. So back in March of 2023, were you employed in the same capacity as you are now?
Kristen Stropes (04:30:27):
Yes, I was.
Mr. Vonderheide (04:30:28):
Okay. Did you have involvement in the investigation of what at the time was a missing persons investigation for Steven Cozzi?
Kristen Stropes (04:30:38):
Yes.
Mr. Vonderheide (04:30:39):
Okay. What was the first involvement that you had in this case?
Kristen Stropes (04:30:43):
I responded to the initial scene at 1501 South Belcher Road.
Mr. Vonderheide (04:30:46):
What was your role there?
Kristen Stropes (04:30:48):
I was the scene supervisor there.
Mr. Vonderheide (04:30:52):
Okay. About what day and then what time of day did you get there?
Kristen Stropes (04:30:54):
I believe it was March ... Can I double check my report?
Mr. Vonderheide (04:30:57):
Yes, you may.
Kristen Stropes (04:30:58):
I believe it was the 24th, but I'll double check. I'm sorry. It was the 21st and approximately 1630 hours, which is 4:30 in the afternoon.
Mr. Vonderheide (04:31:07):
Okay. 4:30 in the afternoon. What kind of vehicle were you driving at the time?
Kristen Stropes (04:31:10):
I was driving an unmarked Ford Explorer.
Mr. Vonderheide (04:31:13):
Okay. And were your technicians there, your other specialists there in sort of the big CSI van?
Kristen Stropes (04:31:21):
Yes. Specialist Briggs responded and Assistant Supervisor Klein.
Mr. Vonderheide (04:31:24):
All right. So they would've been there both there in the Ford Transit kind of CSI kind of vehicle?
Kristen Stropes (04:31:29):
Specialist Briggs did have a vehicle just like that, yes.
Mr. Vonderheide (04:31:32):
All right. It's pretty obvious what it is, right?
Kristen Stropes (04:31:34):
That's correct.
Mr. Vonderheide (04:31:34):
Okay. What was your role once you got to that scene?
Kristen Stropes (04:31:38):
Once I responded to the scene, my role was to meet with the detectives and then delegate tasks to the specialist working on the scene. And then also I was a liaison between the detectives and other members of the forensics section.
Mr. Vonderheide (04:31:49):
Okay. So which detectives from Largo Police Department, if you can recall, did you meet with there?
Kristen Stropes (04:31:54):
Detective Hunt.
Mr. Vonderheide (04:31:57):
Okay. And did you kind of get a general idea of what you were looking for?
Kristen Stropes (04:32:00):
Yes. There were other members on scene, but that's who I spoke with mostly.
Mr. Vonderheide (04:32:04):
And did you take part in any collection of any evidence there?
Kristen Stropes (04:32:07):
I did not personally collect any evidence there.
Mr. Vonderheide (04:32:09):
All right. Did you assign people to engage in that role?
Kristen Stropes (04:32:13):
Yes, that's correct.
Mr. Vonderheide (04:32:13):
All right. How long do you think you were at that scene?
Kristen Stropes (04:32:17):
I completed my involvement in that scene at approximately 6:13 in the evening, so give or take drive time from 4:30 to then.
Mr. Vonderheide (04:32:24):
All right. Tell me about your next involvement in the case.
Kristen Stropes (04:32:28):
I'm sorry, Craig, that was 8:00 PM. I'm sorry. Not 6:00 PM.
Mr. Vonderheide (04:32:30):
It was 8:00?
Kristen Stropes (04:32:30):
Yes.
Mr. Vonderheide (04:32:32):
So you were there for about four hours that day?
Kristen Stropes (04:32:33):
Yes, that's about right.
Mr. Vonderheide (04:32:34):
And in the midst of that, being there for four hours, how many different forensic specialists do you think arrived to the scene?
Kristen Stropes (04:32:42):
While I was on scene, I know Specialist Luth arrived, and then afterwards, some other specialists and supervisors arrived to relieve us.
Mr. Vonderheide (04:32:49):
Okay. Now let's talk about your next involvement. When was your next involvement in the case?
Kristen Stropes (04:32:54):
My next involvement was when I was requested by Lieutenant Gross to respond to the forensic processing garage to complete intake documentation on a vehicle that was towed there.
Mr. Vonderheide (04:33:05):
Okay. So where is the forensics processing garage in relation to where we're standing right now?
Kristen Stropes (04:33:09):
It's located at 14605 49th Street North, number 10.
Mr. Vonderheide (04:33:14):
Okay. So basically across the street almost?
Kristen Stropes (04:33:16):
That's correct, yes.
Mr. Vonderheide (04:33:17):
Is it in a official sheriff's office sort of compound or facility?
Kristen Stropes (04:33:25):
So its mailing address is City of Clearwater and it's the Largo Police Department's jurisdiction, and then we have a bay there that we lease out.
Mr. Vonderheide (04:33:34):
So is there a multitude of businesses that occupy those spaces next to you on either side?
Kristen Stropes (04:33:38):
Yes, that's correct.
Mr. Vonderheide (04:33:40):
Including maybe a place that's got, it's like a body shop or paint shop or something?
Kristen Stropes (04:33:44):
Yes, that's one of the businesses there.
Mr. Vonderheide (04:33:45):
Fumes coming through?
Kristen Stropes (04:33:46):
That's correct.
Mr. Vonderheide (04:33:47):
Okay. And these are not obviously law enforcement kind of businesses, it's just other businesses?
Kristen Stropes (04:33:53):
That's correct.
Mr. Vonderheide (04:33:54):
And if something were to occur at one of those businesses, Largo Police Department would come out and do the investigation?
Kristen Stropes (04:33:59):
Yes. It is under their law enforcement jurisdiction there, yes.
Mr. Vonderheide (04:34:02):
What time did you arrive at the processing garage?
Kristen Stropes (04:34:05):
For the initial intake I arrived approximately 5:52 in the morning.
Mr. Vonderheide (04:34:09):
What did you find when you got there at 5:52 in the morning?
Kristen Stropes (04:34:11):
When I arrived, our bay was secured, so I had to enter the bay using a key card and a key, and then I entered the bay and a dark Toyota Tundra was inside of our processing bay.
Mr. Vonderheide (04:34:24):
Okay.
Tomasz Kosowski (04:34:24):
[inaudible 04:34:25] answer this because-
Speaker 15 (04:34:28):
All right. So you-
Tomasz Kosowski (04:34:28):
... these observations were included in motions to suppress.
Speaker 15 (04:34:30):
Right. You'll have a continuing objection to all of this and all of the evidence that is introduced if there is any. So, it's all preserved. Thank you.
Mr. Vonderheide (04:34:39):
So when you enter this forensic processing bay at this garage, which is in a building with other businesses, you mentioned you had to use a badge to get in?
Kristen Stropes (04:34:48):
Yes.
Mr. Vonderheide (04:34:49):
Is there an additional step of security that you need to get in?
Kristen Stropes (04:34:52):
Yes. A key as well.
Mr. Vonderheide (04:34:53):
So you got a badge swipe in, so we know who you are-
Kristen Stropes (04:34:56):
Yes.
Mr. Vonderheide (04:34:56):
... and then you use a key to get in?
Kristen Stropes (04:34:57):
Yes, that's correct.
Mr. Vonderheide (04:34:59):
Is there a log To get into that building?
Kristen Stropes (04:35:01):
Yes. There's also a visitor log, so anyone that enters the garage that is not an employee of the sheriff's office has to be documented on that log.
Mr. Vonderheide (04:35:08):
Okay. So if I were to go over there, I'd have to be on the log?
Kristen Stropes (04:35:10):
Yes.
Mr. Vonderheide (04:35:11):
If a tow truck driver was dropping, say for example, a Toyota Tundra there, they would have to be on the log?
Kristen Stropes (04:35:17):
Yes.
Mr. Vonderheide (04:35:18):
All right. Did you actually locate the log for that morning?
Kristen Stropes (04:35:21):
Yes.
Mr. Vonderheide (04:35:21):
All right. Was it consistent with the tow truck dropping off that Toyota Tundra?
Kristen Stropes (04:35:25):
Yes, I did observe the log in order to obtain information to help me fill out the intake form.
Mr. Vonderheide (04:35:29):
Okay. And so the time and the logging of the car was consistent with it having been driven from 511 Seaview straight to the forensic processing bay?
Kristen Stropes (04:35:42):
I can just answer that on the log, it appeared that the tow driver dropped the vehicle at approximately 4:11 in the morning.
Mr. Vonderheide (04:35:47):
Okay. And you later learned that one of. Well, actually, I guess he would be your boss, right? Lieutenant Gross?
Kristen Stropes (04:35:52):
At the time, yes. He was my boss.
Mr. Vonderheide (04:35:54):
He followed that vehicle from 511 Seaview down to the forensic processing garage down right across the street?
Kristen Stropes (04:36:00):
Yes.
Mr. Vonderheide (04:36:01):
Okay. When you find that Tundra in the garage, was it still sealed with evidence tape?
Kristen Stropes (04:36:07):
Yes. It still had the evidentiary seals intact.
Mr. Vonderheide (04:36:10):
Okay. Do you know who applied those evidentiary seals originally?
Kristen Stropes (04:36:14):
I believe it was Specialist Decado.
Mr. Vonderheide (04:36:16):
Okay. And so when you got there in the garage, who was there with you as far as your specialist processing the vehicle?
Kristen Stropes (04:36:24):
For the initial intake, it was just myself.
Mr. Vonderheide (04:36:26):
Okay. And how long were you proceeding with initial intake before someone else arrived, do you think?
Kristen Stropes (04:36:32):
May I refer to my report? I believe it's just a couple minutes just for the time.
Mr. Vonderheide (04:36:35):
Sure.
Kristen Stropes (04:36:40):
I ended that involvement with the vehicle approximately 6:01 in the morning.
Mr. Vonderheide (04:36:46):
And who else was there with you to help you process that vehicle?
Kristen Stropes (04:36:49):
No one was with me for the initial intake, but I did later return to the garage to process the vehicle.
Mr. Vonderheide (04:36:54):
Okay. And then who would've been processing with you at that point?
Kristen Stropes (04:36:58):
When we returned to process the vehicle, it was Specialist Briggs and Assistant Supervisor Klein.
Mr. Vonderheide (04:37:02):
Okay. And did you all kind of divvy up the roles in that?
Kristen Stropes (04:37:06):
Yes.
Mr. Vonderheide (04:37:07):
Who did photography?
Kristen Stropes (04:37:08):
Both Specialist Briggs, I believe, and possibly Specialist Klein.
Mr. Vonderheide (04:37:12):
Okay. And what was your role there?
Kristen Stropes (04:37:14):
My role was to oversee what they're doing, and as well I assisted with testing the swabs with phenolphthalein. It's a blood presumptive test.
Mr. Vonderheide (04:37:22):
All right. And we've already heard about phenolphthalein up to this point. Is that a chemical test to look for the presence of human blood?
Kristen Stropes (04:37:31):
It is a presumptive test to see if a stain or an area swab has a possible presence of blood.
Mr. Vonderheide (04:37:37):
Okay. And were you tasked with performing some of those tests?
Kristen Stropes (04:37:43):
Yes.
Mr. Vonderheide (04:37:44):
Okay. Do you recall the areas of the pickup truck that you used the phenolphthalein test on?
Kristen Stropes (04:37:50):
There are very many areas that I swabbed or I tested.
Mr. Vonderheide (04:37:53):
Let's focus specifically on the areas where you came up with positive results for potential blood.
Kristen Stropes (04:37:59):
Okay. There are several areas in the bed of the truck, as well as some, what we call blind swabs in the interior of the cab.
Mr. Vonderheide (04:38:07):
Okay. And did you focus your collection and your testing on areas that were positive with luminol, luminescence?
Kristen Stropes (04:38:18):
So we did luminol afterwards. So the initial testing was swabs that we saw either visible stains or what we call blind swabs when we don't see obvious staining, but we're still swabbing an area, and then I would test those swabs to see if there's a possible presence of blood there.
Mr. Vonderheide (04:38:33):
Okay. So let's talk about the truck bed. The spots that you originally tested with phenolphthalein, did they, for lack of a better term, maybe I'm just not doing it justice, but did they just look like blood at first? Is that what you tested?
Kristen Stropes (04:38:46):
There were some stains, yes. Some reddish brown stains that we saw on the bed area of the truck that were marked by both Specialist Briggs and Assistant Supervisor Klein.
Mr. Vonderheide (04:38:54):
Okay. And those areas, if you need to refer to your report to see which ones tested positive for blood in the area of which they were in the truck bed.
Kristen Stropes (04:39:02):
Sure. Nine areas were marked, visible staining in the truck bed. And then the positive areas were Area One, Area Two, Area Three, Area Four, Area Five, Area Seven, and Area Nine. The other ones were negative.
Mr. Vonderheide (04:39:19):
Okay. So tell me the positive truck bed, Area Number One, what is that?
Kristen Stropes (04:39:23):
That was like the bottom ridge area of the truck.
Mr. Vonderheide (04:39:25):
Okay. Like the floor of the pickup truck bed?
Kristen Stropes (04:39:28):
Yeah.
Mr. Vonderheide (04:39:29):
And then what was bed Area Number Two?
Kristen Stropes (04:39:32):
That would be the top ridge. So one of the top ridges.
Mr. Vonderheide (04:39:34):
What's that? Like, the bed of the truck?
Kristen Stropes (04:39:36):
Yeah. So the bed kind of comes like this, so there's different areas in the bed.
Mr. Vonderheide (04:39:41):
Okay.
Kristen Stropes (04:39:41):
Yeah. If you had pictures, it would help to show.
Mr. Vonderheide (04:39:43):
Okay. We can do that.
Kristen Stropes (04:39:44):
Okay.
Mr. Vonderheide (04:39:58):
This will likely help.
Kristen Stropes (04:39:59):
Yes.
Mr. Vonderheide (04:40:00):
When you're talking about top and bottom ridge, what are we talking about?
Kristen Stropes (04:40:00):
Yes.
Mr. Vonderheide (04:40:00):
When you're talking about top and bottom ridge, what are we talking about here?
Kristen Stropes (04:40:04):
So this is an image that doesn't have the actual mark, but there should be some images that have some actual numbers on them. So that would be area one. So that would be the bottom ridge. That would be area two, so you can kind of see that the ridge goes up in the floor of the truck. And that's kind of in the middle of one of the upper ridges in the bed of the truck. That's the same number three. That would be number four, which is the driver's side, one of the top ridges on the driver's side area. Number five was the driver's side near the tailgate, so it's closer to the end of the truck. This is like a mid-range photograph of those numbers. And there you can see them all laid out.
Mr. Vonderheide (04:41:01):
So of those spots that we see here, which one of those spots tested positive for the presence of blood potentially?
Kristen Stropes (04:41:10):
So I don't see area one and two. They're kind of more on the passenger side. So below where you see number three there, but the other ones that are positive were three, four, five. And then you can't see six, seven, eight were actually on the top portion of the tailgate. So it's not in this image. It's going to be on the driver's side on the top rail. Yeah. So that should be numbered.
Mr. Vonderheide (04:41:33):
Like in this area?
Kristen Stropes (04:41:34):
Nope. Kind of at the top of the screen there. I think a couple more photo. There you go. So those were the additional areas. So it should be six, seven, eight. And the ones that were positive were seven and nine.
Mr. Vonderheide (04:41:55):
And those areas were positive?
Kristen Stropes (04:41:56):
Sorry. Yeah.
Mr. Vonderheide (04:41:59):
All right. Anything else that you tested in the exterior of the pickup truck that would've been possible presence of blood?
Kristen Stropes (04:42:07):
So later on in our investigation, we also did apply luminol that you had mentioned, and there were some additional areas outside of those numbered areas that I had tested.
Mr. Vonderheide (04:42:17):
Would that have been in the bed of the truck?
Kristen Stropes (04:42:19):
Yes, as well as some from the interior cab.
Mr. Vonderheide (04:42:45):
All right. So this areas of luminol?
Kristen Stropes (04:42:45):
Yes.
Mr. Vonderheide (04:42:49):
All right. Can you tell from this picture where the positive presence for blood would've been?
Kristen Stropes (04:42:53):
The positive was in the center area and then there was a larger stain on the passenger side that I believe is in, yeah, the larger stain on the passenger side there.
Mr. Vonderheide (04:43:01):
All right.
Kristen Stropes (04:43:03):
And then the other positive swabs that... I did a swab of the luminol that's on the seat back closest to the door. It's kind of where the stitching is, but the blind swabs were from a different area of the truck before we applied luminol.
Mr. Vonderheide (04:43:25):
All right. In the center console area, did you have any responsibility for that?
Kristen Stropes (04:43:28):
So I did test swabs from the driver front floor mat, the driver's seat headrest, the driver's side center console, and I believe it was the passenger side center console as well. And those were presumptively positive for the possibility of blood.
Mr. Vonderheide (04:43:42):
Okay. Now, are you responsible for sending these swabs off to the lab for analysis?
Kristen Stropes (04:43:48):
No.
Mr. Vonderheide (04:43:48):
Who does that?
Kristen Stropes (04:43:49):
That would be the case agent.
Mr. Vonderheide (04:43:50):
Okay. One moment, Your Honor. I have nothing further. I'll pass the witness.
Judge (04:43:59):
All right. Any cross-examination?
Tomasz Kosowski (04:44:01):
No, Your Honor.
Judge (04:44:02):
Thank you, ma'am. You may step down. State, please call your next witness.
Ms. Spadaro (04:44:13):
State calls Dana Zucchetto.
Lawyer (04:44:54):
Do you solemnly swear the testimony you're about to give will be the truth, the whole truth, and nothing but the truth, so help you God?
Dana Zuchetto (04:44:59):
Yes, I do. Thank you.
Judge (04:45:11):
Good afternoon.
Dana Zuchetto (04:45:11):
Good afternoon.
Judge (04:45:17):
You may inquire.
Ms. Spadaro (04:45:17):
Thank you, Your Honor. Good morning. Afternoon.
Dana Zuchetto (04:45:20):
Good afternoon.
Ms. Spadaro (04:45:20):
Sorry about that. Will you please introduce yourself and spell your full name for the record?
Dana Zuchetto (04:45:24):
My name is Dana Zuchetto, Z as in zebra, U-C-H-E-T-T-O. First name Dana, D-A-N-A. I'm a forensic science specialist with the Pinellas County Sheriff's Office, Forensic Sciences Division.
Ms. Spadaro (04:45:36):
And how long have you been with the Pinellas County Sheriff's Office?
Dana Zuchetto (04:45:39):
Just over 23 years.
Ms. Spadaro (04:45:40):
And have you always been in the forensic sciences division?
Dana Zuchetto (04:45:43):
I have.
Ms. Spadaro (04:45:44):
Can you tell the court about your educational background and training?
Dana Zuchetto (04:45:47):
I received a certificate in crime scene technology from St. Petersburg College, as well as Associates of Science and ongoing education throughout my entire career. And I hold a certification through the International Association for Identification as a senior crime scene analyst.
Ms. Spadaro (04:46:06):
Okay. And is part of your job to document, collect, and preserve any evidence when you go to crime scenes and process the scene?
Dana Zuchetto (04:46:15):
Yes, it is.
Ms. Spadaro (04:46:16):
And were you working in this capacity with the Sheriff's office back on March 23rd of 2023?
Dana Zuchetto (04:46:21):
Yes, I was.
Ms. Spadaro (04:46:21):
All right. So I want to jump to that date. On that day, did you respond to a residence located at 511 Seaview Drive in Tarpon Springs?
Dana Zuchetto (04:46:29):
Yes, I did.
Ms. Spadaro (04:46:32):
Were you one of the specialists that helped process the residence pursuant to a search warrant?
Dana Zuchetto (04:46:36):
Yes.
Ms. Spadaro (04:46:38):
Prior to-
Tomasz Kosowski (04:46:38):
[inaudible 04:46:39] testimony of this witness. Because the witness observations are included in the motions to suppress.
Judge (04:46:43):
All right. It's preserved. Sorry, you may continue.
Ms. Spadaro (04:46:46):
Thank you, Your Honor. Prior to entering the residence, did you observe the SWAT team with Tarpon Springs Police Department arrive, clear the residence, and then ultimately serve that warrant?
Dana Zuchetto (04:46:56):
Yes, I did.
Ms. Spadaro (04:46:57):
Okay. And after the warrant was served, did you see what was in the garage?
Dana Zuchetto (04:47:03):
I did.
Ms. Spadaro (04:47:04):
Was there a gray Toyota Tundra located in the garage?
Dana Zuchetto (04:47:06):
Yes.
Ms. Spadaro (04:47:07):
And Forensic Specialist Bull, she already testified, previously known as Webster, right?
Dana Zuchetto (04:47:11):
Yes.
Ms. Spadaro (04:47:13):
We saw a lot of her photographs, including the tailgate of that truck, but were you responsible for taking swabs or a swab from the tailgate of that Toyota Tundra?
Dana Zuchetto (04:47:23):
Yes, I did.
Ms. Spadaro (04:47:24):
Okay. And where specifically?
Dana Zuchetto (04:47:26):
It was on the interior side of the tailgate.
Ms. Spadaro (04:47:28):
All right. And if it's okay, if we could just publish. All right. So I'm publishing what was already entered into evidence with Forensic Specialist Bull, and it's for the record, K-60245-0071 (79). Is that the area in which you swabbed?
Dana Zuchetto (04:48:04):
Yes, it is.
Ms. Spadaro (04:48:05):
Okay. And did you conduct phenolphthalein testing on that swab?
Dana Zuchetto (04:48:09):
Yes, I did a phenolphthalein presumptive on that.
Ms. Spadaro (04:48:12):
Okay. And we've already heard about that process, but same three-step process?
Dana Zuchetto (04:48:15):
Yes, it is.
Ms. Spadaro (04:48:16):
Okay. And after you did that, did it test presumptive positive for possible blood?
Dana Zuchetto (04:48:21):
It did.
Ms. Spadaro (04:48:22):
May I approach the clerk?
Judge (04:48:24):
You may.
Ms. Spadaro (04:48:24):
Thank you. Showing Dr. Kosowski what's been pre-marked as State's 51 for identification.
Tomasz Kosowski (04:48:58):
Thank you.
Ms. Spadaro (04:48:59):
You're welcome. May I approach the witness?
Judge (04:48:59):
You may.
Ms. Spadaro (04:49:08):
Thank you. Now, Specialist Zuchetto, I've given you what's been pre-marked as State's 51 for identification. Before I ask you if you recognize this, was Largo Police Department the main agency that was working this case?
Dana Zuchetto (04:49:13):
Yes, they were.
Ms. Spadaro (04:49:13):
And were there detectives at the residence while the search warrant was being served?
Dana Zuchetto (04:49:18):
Yes, there were.
Ms. Spadaro (04:49:20):
But was Tarpon Springs and the sheriff's office both taking the role in searching and seizing evidence?
Dana Zuchetto (04:49:25):
Yes.
Ms. Spadaro (04:49:26):
All right. So is it often that when you collect evidence and it goes to a different agency, it gets packaged with their agency number and things like that?
Dana Zuchetto (04:49:34):
Yeah, they typically put a second package over our original.
Ms. Spadaro (04:49:37):
All right. Is that what we're looking at right here?
Dana Zuchetto (04:49:39):
Yes.
Ms. Spadaro (04:49:40):
All right. So would it help to open up the package to see if your swab is inside?
Dana Zuchetto (04:49:46):
If you want me to again.
Ms. Spadaro (04:49:47):
Okay. Your gloves are right there. I'm going to get some scissors. If you could just open it up and tell me if you recognize what's inside.
Dana Zuchetto (04:50:04):
Let me just look at the best place to reseal it. Pretty much everybody's...
Ms. Spadaro (04:50:09):
On the side [inaudible 04:50:10]
Dana Zuchetto (04:50:09):
Yeah. My swab's actually stapled to the inside of the envelope. Okay. Yes. Yes, this is my packaging.
Ms. Spadaro (04:50:50):
Okay. And is there an evidence seal on that envelope?
Dana Zuchetto (04:50:53):
There is with my initials, date, and payroll.
Ms. Spadaro (04:50:55):
Okay. And is there an item number for the sheriff's office?
Dana Zuchetto (04:51:00):
Our property evidence item number is 142.
Ms. Spadaro (04:51:02):
Okay. And is that in the same or substantially the same condition as when you collected the swab and packaged it?
Dana Zuchetto (04:51:10):
Yes, it is. There's been added from another agency opening it and putting a different label on the back.
Ms. Spadaro (04:51:17):
Okay. Your seal, however, when you [inaudible 04:51:20] shot it wasn't opened, correct?
Dana Zuchetto (04:51:21):
No, my seal is still intact.
Ms. Spadaro (04:51:22):
Okay. Meaning that your side [inaudible 04:51:25]?
Dana Zuchetto (04:51:24):
Exactly.
Ms. Spadaro (04:51:26):
So it's substantially the same condition as when you saw it. At this time, the state would offer into evidence. Can I have the envelope?
Dana Zuchetto (04:51:29):
Yeah. You want it back in?
Ms. Spadaro (04:51:29):
Yep. What's been pre-marked as State's 51 for identification as State's 51.
Judge (04:51:29):
All right. Over the objection of the defense, it's admitted.
Ms. Spadaro (04:51:29):
Thank you, Your Honor. Now on this envelope, this yellow lab. Sorry, this yellow sticker, does that indicate that it went to Pinellas County Forensic Laboratory?
Dana Zuchetto (04:51:29):
Yes.
Ms. Spadaro (04:51:29):
Okay. So is it your job to determine what [inaudible 04:51:29] evidence go to the Pinellas County Forensic Laboratory for additional testing or is that the case agent's job?
Dana Zuchetto (04:51:29):
That's the case agent.
Ms. Spadaro (04:51:29):
All right. In addition to collecting a swab from the tailview, did you also do what's called OSCR360 within that residence?
Dana Zuchetto (04:51:29):
Yes.
Ms. Spadaro (04:51:29):
And we've already seen one OSCR360 of a different location, so we aren't going to talk about what it is, but essentially you're documenting the entirety of the residence?
Dana Zuchetto (04:51:29):
Correct.
Ms. Spadaro (04:51:29):
Kind of like you're walking through with what you would see on Zillow?
Dana Zuchetto (04:51:29):
Yep. Just an overall.
Ms. Spadaro (04:51:29):
Okay. May I approach the clerk?
Judge (04:51:29):
You may.
Ms. Spadaro (04:51:29):
Thank you. I am showing Dr. Kosowski what's been pre-marked as State's 105 for identification. May I approach the witness?
Judge (04:51:29):
You may.
Ms. Spadaro (04:51:29):
Specialist Zuchetto, I am handing you what's been pre-marked as State's 105 for identification. Do you recognize this?
Dana Zuchetto (04:51:29):
Yes.
Ms. Spadaro (04:51:29):
And what is it?
Dana Zuchetto (04:51:29):
It's the CD, DVD of the OSCR photos that I took.
Ms. Spadaro (04:51:29):
All right. And you reviewed that disc?
Dana Zuchetto (04:51:29):
I did.
Ms. Spadaro (04:51:29):
Did you sign it?
Dana Zuchetto (04:51:29):
I did.
Ms. Spadaro (04:51:29):
And is that fairly and accurately depict the photos that you took while utilizing the OSCR360?
Dana Zuchetto (04:51:29):
Yes.
Ms. Spadaro (04:51:29):
At this time, State would offer what's been pre-marked as State's 105 for identification.
Judge (04:51:29):
All right. It's admitted over the objection of the defense.
Ms. Spadaro (04:51:29):
Permission to publish?
Judge (04:51:29):
You may.
Ms. Spadaro (04:51:29):
All right. Specialist Zuchetto on the screen, we're going to publish the OSCR. I want to walk through it with you a little bit. So what is this showing?
Dana Zuchetto (04:51:29):
I believe it's the front of the residence with the stairs that go up to the front door.
Ms. Spadaro (04:51:29):
All right. And over here, is this where the garage is located?
Dana Zuchetto (04:51:29):
Yes, it is.
Ms. Spadaro (04:51:29):
All right. And this road right here, we can turn it just a little bit facing that way. Is this Seaview Drive right here?
Dana Zuchetto (04:51:29):
Yes.
Ms. Spadaro (04:51:29):
All right. Do you eventually make your way into the garage?
Dana Zuchetto (04:51:29):
I did.
Ms. Spadaro (04:51:29):
All right. Is that the garage that we're looking at right here?
Dana Zuchetto (04:51:29):
Yes, it is.
Ms. Spadaro (04:51:29):
And is that the same Toyota Tundra where you collected that swab from?
Dana Zuchetto (04:51:29):
Yes.
Ms. Spadaro (04:51:29):
Okay. And if we could just go to the next one, make our way in the garage. Pretty big garage.
Dana Zuchetto (04:51:29):
Very big garage.
Ms. Spadaro (04:51:29):
Two-car garage, lots of things in it. If you could flip it just a little bit that way. Is there a freezer in here?
Dana Zuchetto (04:51:29):
Yes.
Ms. Spadaro (04:51:29):
And was it checked?
Dana Zuchetto (04:51:29):
Yes, it was.
Ms. Spadaro (04:51:29):
Was there anything in it?
Dana Zuchetto (04:51:29):
I don't recall. Maybe some drinks or there might have been in the refrigerator.
Ms. Spadaro (04:51:29):
Anything of evidentiary value?
Dana Zuchetto (04:51:29):
No.
Ms. Spadaro (04:51:29):
Okay. Go to the next one. All right. So still staring at the truck, is this another garage entryway for a second car if it were to be parked?
Dana Zuchetto (04:51:29):
Yes.
Ms. Spadaro (04:51:29):
Okay. And were there any other cars located on the property when you were there?
Dana Zuchetto (04:51:29):
No, just a trailer.
Ms. Spadaro (04:51:29):
Now, over here we have, it looks like some shelf units, right?
Dana Zuchetto (04:51:29):
Yes.
Ms. Spadaro (04:51:29):
Did you notice anything or collect anything from that shelf?
Dana Zuchetto (04:51:29):
I collected, I believe it was 11 license plates.
Ms. Spadaro (04:51:29):
Okay. [inaudible 04:55:32] Go to the next one. All right. Where are we at now in the garage?
Dana Zuchetto (04:51:29):
That's the area behind the trailer. It's the rear of the garage. There's actually another bay door on the backside of the garage.
Ms. Spadaro (04:51:29):
So this is not the same garage doors that we just saw, this is a different back garage door?
Dana Zuchetto (04:51:29):
Yes.
Ms. Spadaro (04:51:29):
Would that be facing towards the back of his residence?
Dana Zuchetto (04:51:29):
Yeah, I believe it's to the west.
Ms. Spadaro (04:51:29):
Okay. All right. If we can just turn around so we can orient ourselves the other way. What does this door lead out to?
Dana Zuchetto (04:51:29):
I believe that door leads out to the front of the residence.
Ms. Spadaro (04:51:29):
Okay. Is this when you enter in from the garage when you're looking at the stairs?
Dana Zuchetto (04:51:29):
Yes. You can take the stairs and I believe there was also an elevator.
Ms. Spadaro (04:51:29):
All right. And then do you ultimately go upstairs?
Dana Zuchetto (04:51:29):
Yes, we did.
Ms. Spadaro (04:51:29):
Was it kind of a wraparound staircase?
Dana Zuchetto (04:51:29):
Yes.
Ms. Spadaro (04:51:29):
Okay. And is that that door that you were just talking about where we just were?
Dana Zuchetto (04:51:29):
Yes, it is.
Ms. Spadaro (04:51:29):
Let's go to the next one. There are multiple bedrooms?
Dana Zuchetto (04:51:29):
Yes. I don't recall how many exactly.
Ms. Spadaro (04:51:29):
You can walk through it. So where are we now on this image right here?
Dana Zuchetto (04:51:29):
I believe that's the living room that leads up to the family room or to the dining room, I'm sorry. And the kitchen I believe is to the right.
Ms. Spadaro (04:51:29):
Is this the kitchen where it starts right here at the countertop?
Dana Zuchetto (04:51:29):
I believe so, yes.
Ms. Spadaro (04:51:29):
All right. And then it's labeled foyer. If you're doing the OSCR, are you standing in the foyer to capture the living room?
Dana Zuchetto (04:51:29):
Yes.
Ms. Spadaro (04:51:29):
Okay. All right. So we were just in here looking at this couch and the chairs that were up on the countertop. So we've gone down a hallway. Are there rooms down this hallway?
Dana Zuchetto (04:51:29):
Yes, there are.
Ms. Spadaro (04:51:29):
If we could just turn it around so we could see where we are and orient ourselves. All right. So this room right here, did you go into that room?
Dana Zuchetto (04:51:29):
I did.
Ms. Spadaro (04:51:29):
And what was located in that room?
Dana Zuchetto (04:51:29):
I believe there were a lot of guitar cases.
Ms. Spadaro (04:51:29):
Okay. And if we keep turning around down the hallway, does that lead into a laundry room area?
Dana Zuchetto (04:51:29):
Yes.
Ms. Spadaro (04:51:29):
All right. And if we spin... Keep going. Is that another bedroom?
Dana Zuchetto (04:51:29):
It is.
Ms. Spadaro (04:51:29):
All right. Go to the next one. So we were just looking at that room where you mentioned there was a lot of, I'm sorry, guitars. Is this the room that we're in right now?
Dana Zuchetto (04:51:29):
Yes, it is.
Ms. Spadaro (04:51:29):
Okay. All right. Oh, sorry. I'll wait for you to get there. All right. Where are we standing now?
Dana Zuchetto (04:51:29):
That's the living room.
Ms. Spadaro (04:51:29):
All right. So where we were before that foyer leading down to that hallway, was that about where this is right here?
Dana Zuchetto (04:51:29):
Yes.
Ms. Spadaro (04:51:29):
Okay. And if you were to turn, we're facing the kitchen?
Dana Zuchetto (04:51:29):
Yes.
Ms. Spadaro (04:51:29):
And then is there another bedroom located in there?
Dana Zuchetto (04:51:29):
Yes.
Ms. Spadaro (04:51:29):
All right. And then was there a dining room table that was located in this area?
Dana Zuchetto (04:51:29):
Yeah, it's to the left. I think you can just barely see the chairs. Yes.
Ms. Spadaro (04:51:29):
All right. Now, were you informed that there was some documentation on that table that was photographed by another specialist?
Dana Zuchetto (04:51:29):
Yes. They did say later on that there were some papers.
Ms. Spadaro (04:51:29):
Okay. Go to the next one. All right. What room are we in now?
Dana Zuchetto (04:51:29):
One of the bedrooms. I believe it's that one that was to the left of the kitchen.
Ms. Spadaro (04:51:29):
All right. So we're looking at the kitchen from this angle?
Dana Zuchetto (04:51:29):
Yes.
Ms. Spadaro (04:51:29):
Okay. Spin around. Is this the master bedroom?
Dana Zuchetto (04:51:29):
I don't believe so. I'm not sure.
Ms. Spadaro (04:51:29):
Does that help?
Dana Zuchetto (04:51:29):
Oh, yes. I see the en suite. Yes.
Ms. Spadaro (04:51:29):
And are each of these rooms labeled too at the bottom?
Dana Zuchetto (04:51:29):
Oh, I see it. Yes, they are.
Ms. Spadaro (04:51:29):
It's okay. All right. So if you go to the next one, there's a back room kind of was off to the right.
Dana Zuchetto (04:51:29):
Yes.
Ms. Spadaro (04:51:29):
Is that what we're in right now?
Dana Zuchetto (04:51:29):
Yes.
Ms. Spadaro (04:51:29):
The master bedroom?
Dana Zuchetto (04:51:29):
Yeah, like a little nook room off the side of it.
Ms. Spadaro (04:51:29):
There's a couch, looks like some documents that were there and some other memorabilia?
Dana Zuchetto (04:51:29):
Yes.
Ms. Spadaro (04:51:29):
Okay. And if we flip all the way around, there's a window. Does that lead into the master bathroom?
Dana Zuchetto (04:51:29):
Yes.
Ms. Spadaro (04:51:29):
All right. Is this another bedroom that we're in?
Dana Zuchetto (04:51:29):
Yes, it is.
Ms. Spadaro (04:51:29):
Okay. Was this the bedroom that was off by the, if you're standing at the kitchen table, you can see it from there?
Dana Zuchetto (04:51:29):
Yeah. I believe it was to the, if you're facing the kitchen, it was to the right down by that hallway or left maybe. Yeah, it would've been, I believe, to the left.
Ms. Spadaro (04:51:29):
All right. Is this the last bedroom?
Dana Zuchetto (04:51:29):
Yes. That's the one that's down that little hallway to the right.
Ms. Spadaro (04:51:29):
All right. So if we're standing at this door facing outward, is that where the guitar room was essentially?
Dana Zuchetto (04:51:29):
Yes.
Ms. Spadaro (04:51:29):
Little [inaudible 05:01:18] corner? All right. And then is there a closet with a black bag that's located in there?
Dana Zuchetto (04:51:29):
There is.
Ms. Spadaro (04:51:29):
Did you ultimately process that bag?
Dana Zuchetto (04:51:29):
I know I believe I took photographs of it.
Ms. Spadaro (04:51:29):
Okay. [inaudible 05:01:32] You want to publish the black bag?
Speaker 18 (04:51:29):
Mm-hmm.
Ms. Spadaro (04:51:29):
All right. So Specialist Bull, like I said before, testified prior to you and we entered some photos, but I want to see if you recognize this photo that was already entered into evidence. So is that where the black bag was located?
Dana Zuchetto (04:51:29):
Yes.
Ms. Spadaro (04:51:29):
In that closet? Is that the same bag?
Dana Zuchetto (04:51:29):
Yes, it is.
Ms. Spadaro (04:51:29):
Did you see the contents of what was in the bag?
Dana Zuchetto (04:51:29):
Yeah, there were magazines and gun paraphernalia.
Ms. Spadaro (04:51:29):
All right. And not illegal to own a gun, but there was also some other possible weapons, right? There was a knife, looks like brass knuckles, some gloves, other things like that?
Dana Zuchetto (04:51:29):
Correct.
Ms. Spadaro (04:51:29):
Okay. Now, I want to go back down to the garage. So in addition to doing OSCR, did you photograph specific items of evidence and collect specific items of evidence?
Dana Zuchetto (04:51:29):
I did.
Ms. Spadaro (04:51:29):
In the garage, did you locate any patches, any specific patches?
Dana Zuchetto (04:51:29):
There was a open trunk organizer with multiple items in it, including an EMS, and I believe it was a sheriff's patch.
Ms. Spadaro (04:51:29):
Okay. And I haven't entered it yet. And before we publish, I just want to go through some other things you may have documented. So did you also see some cleaning supplies in the garage?
Dana Zuchetto (04:51:29):
There were some, yes.
Ms. Spadaro (04:51:29):
License plates you had mentioned you collected?
Dana Zuchetto (04:51:29):
Yes.
Ms. Spadaro (04:51:29):
And did you also document the garage floor?
Dana Zuchetto (04:51:29):
I did.
Ms. Spadaro (04:51:29):
Was this prior to luminol being applied to the floor and after it being applied?
Dana Zuchetto (04:51:29):
Yes.
Ms. Spadaro (04:51:29):
Okay. May I approach the clerk?
Judge (04:51:29):
You may.
Ms. Spadaro (04:51:29):
Showing Dr. Kosowski's what's been pre-marked as State's 104 for identification. May I approach?
Judge (04:51:29):
Yes.
Ms. Spadaro (04:51:29):
Specialist Zuchetto, I'm handing you what's been pre-marked for identification as State's 104. Do you recognize this?
Dana Zuchetto (04:51:29):
Yes.
Ms. Spadaro (04:51:29):
And what is it?
Dana Zuchetto (04:51:29):
It's the DVD of the photographs that I took from the scene.
Ms. Spadaro (04:51:29):
All right. And approximately how many photographs were on that disc?
Dana Zuchetto (04:51:29):
It says 478.
Ms. Spadaro (04:51:29):
Okay. Is that right? There's a lot-
Dana Zuchetto (04:51:29):
I'm sure I took a lot. Yeah, I believe it was... I can look [inaudible 05:03:43] that I took. One moment. Actual photos. I took 133 photos.
Ms. Spadaro (04:51:29):
133 photos. So probably around 100 on there?
Dana Zuchetto (04:51:29):
Yes.
Ms. Spadaro (04:51:29):
Okay. And when you reviewed those, did it fairly and accurately depict the photographs that you took of the residence?
Dana Zuchetto (04:51:29):
Yes, it did.
Ms. Spadaro (04:51:29):
At this time, the state would offer into evidence what's been pre-marked as State's 104 for identification state's 104.
Judge (04:53:18):
All right. It's admitted over the objection of Mr. Kosowski.
Ms. Spadaro (05:01:34):
All right. So I want to publish just a few photographs of interest in this case because there was over a hundred or so. I want to start with, you mentioned some patches. So did you specifically locate an EMS and sheriff's patches?
Dana Zuchetto (05:04:23):
Yes.
Ms. Spadaro (05:04:24):
And where was that located specifically?
Dana Zuchetto (05:04:25):
It was on the garage floor in this trunk organizer.
Ms. Spadaro (05:04:29):
Okay. And for the record, that's L56411-0061.jpeg. The 56411, is that your payroll number?
Dana Zuchetto (05:04:38):
Yes, that's the sheriff's identification number for me.
Ms. Spadaro (05:04:40):
Okay. So that's also how we would know it's your photo?
Dana Zuchetto (05:04:42):
Yes.
Ms. Spadaro (05:04:43):
Okay. And the next one for the record is L-56411-0062.jpeg. Is that the sheriff patch that you located?
Dana Zuchetto (05:04:54):
Yes, it is.
Ms. Spadaro (05:04:55):
Okay. Now, you mentioned some cleaning supplies. It was located in the garage as well?
Dana Zuchetto (05:05:00):
Yes.
Ms. Spadaro (05:05:10):
All right. If we could zoom in just a little bit. Is this a disinfectant?
Dana Zuchetto (05:05:16):
Yes.
Ms. Spadaro (05:05:17):
And if we zoom into the ingredients, let's see. Does it include isopropanol in it?
Dana Zuchetto (05:05:19):
Yes.
Ms. Spadaro (05:05:30):
Okay. Now, in addition to the cleaning supplies that you located in the garage, you also mentioned that you had collected license plates.
Dana Zuchetto (05:05:36):
I did.
Ms. Spadaro (05:05:37):
Did you also photograph the license plates that you collected?
Dana Zuchetto (05:05:39):
I did, yes.
Ms. Spadaro (05:05:46):
Okay. So where is this picture of, and it's ending in -0079, where were all these license plates specifically located?
Dana Zuchetto (05:05:54):
They're on a shelving unit. I believe it was along the, it would be probably the west wall in the rear of the garage.
Ms. Spadaro (05:06:01):
Okay. Where you pointed out in the OSCR?
Dana Zuchetto (05:06:03):
Yes.
Ms. Spadaro (05:06:05):
Okay. All right. So what different license plates, how many are there here?
Dana Zuchetto (05:06:10):
In that picture, 11.
Ms. Spadaro (05:06:11):
Okay.
Dana Zuchetto (05:06:15):
The 11 I collected.
Ms. Spadaro (05:06:16):
And where are they? What states are they from?
Dana Zuchetto (05:06:18):
Multiple states. You've got New Hampshire, Vermont, New Mexico, Michigan, Florida. You want me to do the whole list or?
Ms. Spadaro (05:06:30):
If you can see them all.
Dana Zuchetto (05:06:32):
I have it on my report because I...
Ms. Spadaro (05:06:33):
Would it refresh your recollection if you look at your report?
Dana Zuchetto (05:06:34):
Yeah. It's difficult to see them on there, but there were Michigan trailer tag and two New Mexico. I'm sorry, three New Mexico tags, two Florida tags, Vermont, and then two New Hampshire tags. And then there's a motorcycle tag from New Hampshire as well as motorcycle tag from Vermont.
Ms. Spadaro (05:06:55):
Okay. And did you ever find a New Jersey license plate?
Dana Zuchetto (05:06:59):
I did not.
Ms. Spadaro (05:07:01):
Okay. So I want to move on. You said that you also took photographs of the garage floor prior to luminol testing being done and after luminol testing was applied, or at least the luminol was applied to the floor. I want to focus first on the garage floor prior to the luminol testing.
Dana Zuchetto (05:07:14):
Okay.
Ms. Spadaro (05:07:23):
All right. So is this the garage floor after the truck had already been towed away from the scene?
Dana Zuchetto (05:07:28):
Yes.
Ms. Spadaro (05:07:29):
And while we're on that topic, prior to the Toyota being towed away, did you seal every entryway on that truck?
Dana Zuchetto (05:07:36):
I did. I placed evidence tape seals and then signed them with my initials, payroll, and the date.
Ms. Spadaro (05:07:40):
All right. And were you there when it was towed?
Dana Zuchetto (05:07:43):
I was at the residence when it was towed, yes.
Ms. Spadaro (05:07:46):
Did you see it being towed?
Dana Zuchetto (05:07:47):
I don't recall. It was a very busy scene.
Ms. Spadaro (05:07:50):
That's fair. A lot of forensic specialists there.
Dana Zuchetto (05:07:52):
Yes.
Ms. Spadaro (05:07:52):
A lot of officers.
Dana Zuchetto (05:07:53):
Yeah.
Ms. Spadaro (05:07:54):
Did you ever see anybody drive that truck out of the garage and onto the tow truck?
Dana Zuchetto (05:07:57):
No, I did not.
Ms. Spadaro (05:07:58):
All right. So we're kind of standing outside the garage. We can go to the next one. So what are we looking at here?
Dana Zuchetto (05:08:05):
That's the floor just inside.
Ms. Spadaro (05:08:07):
Why did you choose to document this area?
Dana Zuchetto (05:08:10):
I know I tested some areas that had a little orange-ish, rust-colored areas, but they didn't come back to anything.
Ms. Spadaro (05:08:19):
All right. We can go to the next one. Were those the rust areas you were looking at?
Dana Zuchetto (05:08:23):
Yes.
Ms. Spadaro (05:08:23):
All right. So then after that, did someone use luminol to process the floor to see if there were any areas that would illuminate?
Dana Zuchetto (05:08:32):
Yes.
Ms. Spadaro (05:08:32):
And we've talked about the process of luminol, so we don't need to talk about it again, but were you present when another forensic specialist applied luminol to the garage floor?
Dana Zuchetto (05:08:41):
Yes.
Ms. Spadaro (05:08:41):
And what was your role while that was happening?
Dana Zuchetto (05:08:44):
My role was to take photographs of any chemiluminescence.
Ms. Spadaro (05:08:46):
Okay. And was there any luminescence?
Dana Zuchetto (05:08:49):
Yes.
Ms. Spadaro (05:08:50):
Prior to applying the luminol, did you guys have to put something on the windows to make it really dark?
Dana Zuchetto (05:08:55):
Yes. We covered up all of the windows to... You need to block out as much light as you can.
Ms. Spadaro (05:09:00):
All right. And you said it did illuminate?
Dana Zuchetto (05:09:02):
It did.
Ms. Spadaro (05:09:03):
All right. We can show those photos. All right. So for the record, it's L-56411-0151.jpeg. What are we looking at here?
Dana Zuchetto (05:09:18):
The blue areas are where the chemiluminescence occurred.
Ms. Spadaro (05:09:18):
Okay. And is that where the truck was parked prior to it being towed?
Dana Zuchetto (05:09:18):
Yes.
Ms. Spadaro (05:09:19):
Okay. Go to the next one. So this is 56411-0153.jpeg. What are we looking at here?
Dana Zuchetto (05:09:26):
That's the area between. The blue area is right between the two doors, the two garage doors, right in the middle kind of.
Ms. Spadaro (05:09:54):
So middle of the garage, essentially?
Dana Zuchetto (05:09:56):
Yes.
Ms. Spadaro (05:09:57):
And while you were photographing this and luminol was being applied, was there also another forensic tech who's swabbing the areas that illuminate?
Dana Zuchetto (05:10:04):
Yes.
Ms. Spadaro (05:10:04):
And are you aware if phenolphthalein testing was done on the middle garage?
Dana Zuchetto (05:10:09):
I believe so. That's pretty much a standard.
Ms. Spadaro (05:10:11):
Okay. After you collected all the items of evidence that you did, so to include the license plates as well as the swab that we already entered into evidence, what did you do with that evidence?
Dana Zuchetto (05:10:30):
Upon returning to the forensic sciences division, I packaged all of the items and then I submitted them into property and evidence.
Ms. Spadaro (05:10:38):
All right. And we've talked about it before, but I just want to make sure. That area, is that a secured area?
Dana Zuchetto (05:10:44):
Yes.
Ms. Spadaro (05:10:45):
So only people who have access with a badge or who work with the sheriff's office can actually access that area, right?
Dana Zuchetto (05:10:51):
Yes. It requires our proximity card and it's also logged to whoever enters. They can pull logs for whoever uses their cards to enter certain rooms.
Ms. Spadaro (05:10:59):
All right. May I have a moment to confer? I have no further questions for this witness. Thank you.
Judge (05:11:04):
Any questions, sir?
Tomasz Kosowski (05:11:06):
No, Your Honor.
Judge (05:11:07):
All right. Thank you, ma'am. You may step down. State, please call your next witness.
Ms. Spadaro (05:11:17):
The state of Florida would call Atika Sanford.
Lawyer (05:12:07):
Do you solemnly swear the testimony you're about to give will be the truth, the whole truth, and nothing but the truth, so help you God?
Ateka Sanford (05:12:28):
I do.
Speaker 17 (05:12:28):
[Inaudible 05:12:28]
Judge (05:12:28):
Thank you.
Ateka Sanford (05:12:28):
Good afternoon.
Ms. Spadaro (05:12:29):
Thank you, your Honor. Hello.
Ateka Sanford (05:12:31):
Hello.
Ms. Spadaro (05:12:31):
Will you please introduce yourself and spell your full name for the record?
Ateka Sanford (05:12:34):
My name is Ateka Sanford. First name is A-T-E-K-A, last name Sanford, S-A-N-F-O-R-D.
Ms. Spadaro (05:12:43):
All right. And Ms. Sanford, where do you work?
Ateka Sanford (05:12:45):
I work for the Pinellas County Sheriff's Office.
Ms. Spadaro (05:12:48):
How long have you worked for the sheriff's office?
Ateka Sanford (05:12:49):
Over 13 years.
Ms. Spadaro (05:12:51):
And what is your title there?
Ateka Sanford (05:12:52):
I am currently a forensic science supervisor.
Ms. Spadaro (05:12:55):
And how long have you been a forensic science supervisor?
Ateka Sanford (05:12:57):
Since December of 2024.
Ms. Spadaro (05:13:00):
Okay. Prior to that, or I guess even currently, are you still a forensic specialist?
Ateka Sanford (05:13:05):
So as a supervisor, we are required to have all the knowledge and capabilities of a forensic science specialist.
Dana Zuchetto (05:13:11):
Okay. So advanced knowledge, maybe newer specialists. Is that fair?
Ateka Sanford (05:13:15):
Yes.
Ms. Spadaro (05:13:17):
Okay. And can you walk us through your educational background and training in order to become a forensic specialist?
Ateka Sanford (05:13:23):
So I have an associate of science degree and certificate in crime scene technology, and I also did an in-house academy and field training program with the sheriff's office when I started and successfully passed that. And then over the last 26 years, I have had numerous training classes in various crime scene related topics.
Ms. Spadaro (05:13:48):
Okay. Have you processed a lot of crime scenes?
Ateka Sanford (05:13:49):
Yes.
Ms. Spadaro (05:13:50):
Okay. Because that's part of your job, right?
Ateka Sanford (05:13:52):
Correct.
Ms. Spadaro (05:13:52):
One of the main goals for you is to document, collect, and preserve evidence, fair?
Ateka Sanford (05:13:56):
That is correct, yes.
Ms. Spadaro (05:13:58):
Were you working in this capacity back on March 21st of 2023?
Ateka Sanford (05:14:02):
Yes, I was. Well, I was a assistant supervisor at that time, but yes, in the capacity of a forensics, yes.
Ms. Spadaro (05:14:08):
Okay. And on that day, did you respond to 1501 Belcher Road South to help process a crime scene?
Ateka Sanford (05:14:13):
Yes, I did.
Ms. Spadaro (05:14:14):
How did you first get involved?
Ateka Sanford (05:14:16):
I was starting my shift for that evening and I received a call from our lieutenant to respond directly to the location, reference and assist other agency for Largo Police Department. At that time, they were referring to it as a missing persons case.
Ms. Spadaro (05:14:32):
All right. So you said you got a call that evening. Do you know what time you got to the location?
Ateka Sanford (05:14:37):
I got there just a few minutes till 7:00.
Ms. Spadaro (05:14:40):
A few minutes till 7:00?
Ateka Sanford (05:14:41):
Yes.
Ms. Spadaro (05:14:41):
And when you got there, were there other forensic specialists that were already on scene?
Ateka Sanford (05:14:45):
Yes, there were.
Ms. Spadaro (05:14:46):
And were there forensic specialist vans parked in the parking lot?
Ateka Sanford (05:14:49):
Yes.
Ms. Spadaro (05:14:50):
Largo Police Department cars parked in the parking lot?
Ateka Sanford (05:14:51):
Yes.
Ms. Spadaro (05:14:52):
Okay. Did you come to supervise that day?
Ateka Sanford (05:14:59):
Yes, I came to relieve the other supervisor and take over-
Speaker 19 (05:15:00):
I came to relieve the other supervisor and take over supervision at the scene for forensic purposes.
Ms. Spadaro (05:15:06):
Which supervisor did you relieve?
Speaker 19 (05:15:08):
Kristen Strobes.
Ms. Spadaro (05:15:09):
Strobes? Who were you supervising when you got there?
Speaker 19 (05:15:14):
The two specialists that came to work the scene with me, it was Specialist Levesque at the time. She's now Assistant Supervisor Luth. Then it was Specialist King at the time. She is now Assistant Supervisor Copeland.
Ms. Spadaro (05:15:31):
Okay. Did you collect any evidence at the scene, or was your role really just to supervise?
Speaker 19 (05:15:35):
I did not collect any evidence. I did supervisory only.
Ms. Spadaro (05:15:38):
Okay. Did someone eventually come to relieve you from your supervisory position at the location?
Speaker 19 (05:15:46):
Yes. My current supervisor at the time, Robin Clarke, she came and relieved me.
Ms. Spadaro (05:15:50):
All right. Do you know what time that was?
Speaker 19 (05:15:51):
It was approximately 11:30 PM.
Ms. Spadaro (05:15:53):
Okay. Did you continue this role, this forensic role, on March 25th, 2023, for this case?
Speaker 19 (05:16:04):
Yes, I did.
Ms. Spadaro (05:16:05):
On March 25th, 2023, were you called out to the Forensic Sciences Division evidence garage to help process a vehicle in this case?
Speaker 19 (05:16:14):
Yes.
Tomasz Koswoski (05:16:14):
I object to the testimony of this witness.
Judge (05:16:18):
All right. It's noted, and your objection is preserved for appellate review. You may continue.
Ms. Spadaro (05:16:23):
Thank you. Is that located at 14605 49th Street North, unit 10 in Clearwater?
Speaker 19 (05:16:30):
Yes, that's correct.
Ms. Spadaro (05:16:32):
Did any other forensic specialist respond to that scene as well?
Speaker 19 (05:16:35):
Yes. It would be Specialist Levesque, or now Assistant Supervisor Luth.
Ms. Spadaro (05:16:40):
Okay. What type of vehicle were you asked to help process?
Speaker 19 (05:16:44):
It was a Corolla.
Ms. Spadaro (05:16:46):
Do you remember what color?
Speaker 19 (05:16:48):
I believe it was red in color.
Ms. Spadaro (05:16:50):
Okay. Did you photograph the vehicle, or was that Forensic Specialist Levesque at the time, Luth's role now?
Speaker 19 (05:16:56):
She was the one who photographed it.
Ms. Spadaro (05:16:57):
Okay. Did she also process different areas of that vehicle with luminol?
Speaker 19 (05:17:03):
Yes, she did.
Ms. Spadaro (05:17:04):
Specifically the front driver, front passenger seat, and the trunk?
Speaker 19 (05:17:08):
Yes.
Ms. Spadaro (05:17:09):
We've heard a little bit about how luminol processing works, so we don't need to go through that process, but essentially, can it be a helpful tool to help you locate possible blood?
Speaker 19 (05:17:17):
Yes, it can.
Ms. Spadaro (05:17:18):
And can it also react to cleaning products as well?
Speaker 19 (05:17:23):
Yes. It can give false positives to other things such as cleaning products, bleach.
Ms. Spadaro (05:17:28):
Okay. Fair to say it's more of just kind of a guide to see if something lights up, you swab it, and it doesn't come back to blood?
Speaker 19 (05:17:34):
Yeah. It's a presumptive to give us an idea of what areas we might want to swab to obtain evidence.
Ms. Spadaro (05:17:39):
All right. Did any areas of the Toyota Corolla luminate after Specialist Luth applied and sprayed the luminol in these areas?
Speaker 19 (05:17:47):
Yes. Areas of the passenger front seat, and then several areas in the trunk of the vehicle.
Ms. Spadaro (05:17:53):
Okay. As a result of the luminescence that appeared, did you collect any swabs from any of those areas?
Speaker 19 (05:18:00):
Yes, I did.
Ms. Spadaro (05:18:00):
Okay. Where?
Speaker 19 (05:18:01):
May I refer to my notes?
Ms. Spadaro (05:18:03):
Would it refresh your recollection?
Speaker 19 (05:18:04):
Yes.
Ms. Spadaro (05:18:04):
That's fine.
Speaker 19 (05:18:11):
Specifically, I collected a swab on the front passenger seat back, the front passenger seat cushion, the front driver's seat cushion, the interior trunk along the back wall, the interior trunk on the floor, the interior trunk lid on the passenger side, and then a separate swab on the interior trunk lid on the driver's side.
Ms. Spadaro (05:18:41):
Were those swabs then ran through phenolphthalein testing?
Speaker 19 (05:18:45):
Initially, we located the areas with the luminol, and then after I collected the swabs, I did an additional presumptive test with phenolphthalein.
Ms. Spadaro (05:18:54):
Okay. We've heard about that testing process, it's three-step process, right?
Speaker 19 (05:18:58):
Yes.
Ms. Spadaro (05:18:59):
The purpose of that is to see if there's any possible blood. It's a presumptive test for blood, right?
Speaker 19 (05:19:04):
Yes, that's correct.
Ms. Spadaro (05:19:05):
Did any of those swabs test positive for possible blood?
Speaker 19 (05:19:08):
One of the swabs did test positive for possible blood.
Ms. Spadaro (05:19:12):
Which swab was that?
Speaker 19 (05:19:13):
If I can refer to my report.
Ms. Spadaro (05:19:15):
Sure.
Speaker 19 (05:19:28):
It was the interior trunk back wall.
Ms. Spadaro (05:19:30):
Okay. I think you'd mentioned there was a trunk lid driver's side. Did that test presumptive positive for blood?
Speaker 19 (05:19:39):
Not with the phenolphthalein.
Ms. Spadaro (05:19:40):
Okay. Is it your job to determine what then goes to the Pinellas County Forensics Laboratory for further testing?
Speaker 19 (05:19:49):
No, it is not.
Ms. Spadaro (05:19:49):
All right. Would that be the case agent or the detective's job?
Speaker 19 (05:19:52):
Yes.
Ms. Spadaro (05:19:52):
I want to focus on two swabs that were in fact sent to the laboratory. May I approach the clerk?
Judge (05:20:04):
You may.
Ms. Spadaro (05:20:06):
[inaudible 05:20:05] pre-marked as 56 and 58 for identification.
Tomasz Koswoski (05:20:18):
Do you know the PCFL number?
Ms. Spadaro (05:20:46):
[inaudible 05:20:25]. May I approach?
Judge (05:20:46):
You may.
Ms. Spadaro (05:20:51):
I am handing you what has been pre-marked as 56 and 58 for identification. We talked about this a lot, but is this packaging that Largo Police Department did after it went to their custody?
Speaker 19 (05:21:00):
Yes, it is.
Ms. Spadaro (05:21:01):
Would it help to open these up to see if your swabs are actually located inside?
Speaker 19 (05:21:04):
Yes.
Ms. Spadaro (05:21:05):
Okay. There's the swabs right there. Both of those envelopes have a yellow sticker, right?
Speaker 19 (05:21:17):
Yes, they do.
Ms. Spadaro (05:21:17):
That means it's indicative that it was sent to the laboratory for further testing, right?
Speaker 19 (05:21:21):
Yes.
Ms. Spadaro (05:21:21):
Okay.
Speaker 19 (05:21:54):
[inaudible 05:21:46] the envelope. Okay. Yes. These are representative of the swabs that I collected. I can tell that these are the ones I collected. They have the label with my signature on both of them, as well as my evidence seal that has my initials, payroll, and date.
Ms. Spadaro (05:22:32):
All right. I'm going to keep them both with the respective envelopes just so I don't get them confused. All right. Just to make sure, State's 56 for identification, you looked at the envelope and you recognized it.
Speaker 19 (05:22:48):
Yes.
Ms. Spadaro (05:22:48):
Was that the swab from the interior trunk back wall?
Speaker 19 (05:22:54):
You said that is... Yes. This is the swab from the interior trunk back wall.
Ms. Spadaro (05:23:02):
All right. Then State's 58, would that be the swab from the interior trunk lid on the driver's side?
Speaker 19 (05:23:09):
Yes. This is the one from the trunk lid on the driver's side.
Ms. Spadaro (05:23:13):
All right. These envelopes [inaudible 05:23:15] substantially the same condition as when you packaged them after collecting the swabs, correct?
Speaker 19 (05:23:19):
Correct.
Ms. Spadaro (05:23:20):
All right. At this time, the state would offer into evidence what's been pre-marked as State's 56 for identification as 56, and what's been pre-marked as State's 58 as 58.
Judge (05:23:29):
Over the objection of Mr. Koswoski, they're admitted.
Ms. Spadaro (05:23:45):
I know that you did not take photographs yourself, but you recall seeing the luminol light up in the trunk, which has kind of helped guide you where to swab, right?
Speaker 19 (05:23:55):
Yes, correct.
Ms. Spadaro (05:23:55):
All right. I want to publish some photos that have already been entered into evidence with another specialist. All right. This is S2DSC0070.jpeg. Do we see any luminol lighting up in this picture?
Speaker 19 (05:24:17):
That one, there's a little bit along the trunk. Well, it's the very back. It's kind of hard to see. Yes.
Ms. Spadaro (05:24:21):
Right there?
Speaker 19 (05:24:21):
Yes. Thank you.
Ms. Spadaro (05:24:22):
If Mr. Vonderheide could zoom in just a little bit. Is that the luminescence in the back of the trunk?
Speaker 19 (05:24:34):
Yes, that is the luminescence we were referring to on the back wall of the trunk.
Ms. Spadaro (05:24:40):
All right. If we can just go to the next picture. All right. This is S2-DSC_0071.jpeg. Do we see any luminescence in this photo?
Speaker 19 (05:24:51):
Yes. Up there on the left corner, yes.
Ms. Spadaro (05:24:55):
Am I pointing to it?
Speaker 19 (05:24:56):
Yes.
Ms. Spadaro (05:24:57):
Okay. This is on the trunk lid on the driver's side, right?
Speaker 19 (05:25:01):
That is correct.
Ms. Spadaro (05:25:02):
Okay. Corresponding with the swabs that we just entered in; is that fair?
Speaker 19 (05:25:06):
Yes.
Ms. Spadaro (05:25:06):
Okay. After you collected these swabs, what did you do with them?
Speaker 19 (05:25:11):
I packaged them and then submitted them to our property and evidence section.
Ms. Spadaro (05:25:15):
Okay. The property and evidence section, secured location?
Speaker 19 (05:25:18):
Yes, it is.
Ms. Spadaro (05:25:19):
Not everyone has access to it, right?
Speaker 19 (05:25:20):
Correct.
Ms. Spadaro (05:25:21):
Okay. May I have a moment to confer?
Judge (05:25:23):
You may.
Ms. Spadaro (05:25:24):
I have no further questions at this time. Thank you.
Judge (05:25:26):
Any cross-examination?
Tomasz Koswoski (05:25:28):
No, Your Honor.
Judge (05:25:31):
Thank you, ma'am. You may step down.
Speaker 19 (05:25:32):
All right. Thank you.
Judge (05:25:39):
State, please call your next witness.
Mr. Vonderheide (05:25:39):
State calls Ashley Luth.
Judge (05:25:40):
[inaudible 05:25:40] this way now. Come stand right next to me. [inaudible 05:26:21].
Speaker 20 (05:26:21):
Do you solemnly swear the testimony you're about to give will be the truth, the whole truth, and nothing but the truth, so help you God?
Ashley Luth (05:26:25):
I do.
Speaker 20 (05:26:25):
Thank you.
Judge (05:26:26):
On over here. Make yourself comfortable. Good afternoon, ma'am.
Ashley Luth (05:26:37):
Good afternoon, Your Honor.
Judge (05:26:41):
You may inquire, Mr. Vonderheide.
Mr. Vonderheide (05:26:43):
Could I have you state your full name and spell your full name for the court reporter?
Ashley Luth (05:26:47):
Yeah. My name is Ashley Luth, A-S-H-L-E-Y, L-U-T-H.
Mr. Vonderheide (05:26:52):
All right. Back in 2023, what was your last name?
Ashley Luth (05:26:55):
Levesque.
Mr. Vonderheide (05:26:56):
Can you spell that as well?
Ashley Luth (05:26:58):
Yes. L-E-V-E-S- Q-U-E.
Mr. Vonderheide (05:27:01):
All right. What do you do for a living?
Ashley Luth (05:27:03):
I work for the Pinellas County Sheriff's Office as an assistant forensic science supervisor.
Mr. Vonderheide (05:27:08):
How long have you been doing that?
Ashley Luth (05:27:09):
About eight and a half years I've been employed with them.
Mr. Vonderheide (05:27:12):
What's your current title, job title?
Ashley Luth (05:27:15):
I'm an assistant forensic science supervisor.
Mr. Vonderheide (05:27:17):
All right. How long have you been doing that?
Ashley Luth (05:27:19):
About a year and a half.
Mr. Vonderheide (05:27:21):
Okay. Back in 2023, what was your job title?
Ashley Luth (05:27:25):
I was a forensic science specialist.
Mr. Vonderheide (05:27:28):
Okay. Back in March of 2023, did you have occasion to work what was then termed a missing person's investigation?
Ashley Luth (05:27:40):
I did, yes.
Mr. Vonderheide (05:27:40):
What scene did you work initially?
Ashley Luth (05:27:43):
I responded to the scene at 1501 South Belcher Road.
Mr. Vonderheide (05:27:48):
Okay. As it relates to your training and experience for processing crime scenes, tell me what you had at that point in 2023.
Ashley Luth (05:27:56):
I had gotten my bachelor's degree from the University of Central Florida. Sorry. My degree was in forensic science with minors in anthropology and chemistry. Once I got employed with the sheriff's office, we go through what we call our in-house academy, which is about two to three weeks of in-house classroom training, and then we complete a field training, which is approximately 12 weeks, where we go to actual scenes and process those scenes with a field trainer.
Mr. Vonderheide (05:28:33):
All right. One of your roles can be to document the scene, i.e. taking pictures?
Ashley Luth (05:28:37):
Yes.
Mr. Vonderheide (05:28:38):
All right. Another one is collection of evidence?
Ashley Luth (05:28:41):
Yes.
Mr. Vonderheide (05:28:42):
Then processing evidence?
Ashley Luth (05:28:43):
Yes.
Mr. Vonderheide (05:28:44):
In this case, did you get involved with documentation of 1501?
Ashley Luth (05:28:50):
Yes, I did.
Mr. Vonderheide (05:28:51):
What was your role in documentation?
Ashley Luth (05:28:54):
I did the OSCR360 photographs.
Mr. Vonderheide (05:28:56):
Okay. Which part of the building did you do OSCR360 in?
Ashley Luth (05:29:00):
I did the electrical room, the women's bathroom, and the men's bathroom.
Mr. Vonderheide (05:29:05):
Okay. As it relates to collection and processing evidence, what role did you have in that at 1501 South Belcher?
Ashley Luth (05:29:14):
In what regards? I'm sorry.
Mr. Vonderheide (05:29:16):
Did you collect evidence?
Ashley Luth (05:29:17):
Yes.
Mr. Vonderheide (05:29:18):
All right. Did you use swabs to gather evidence?
Ashley Luth (05:29:22):
Yes.
Mr. Vonderheide (05:29:23):
Did you process things using a phenolphthalein test?
Ashley Luth (05:29:26):
Yes.
Mr. Vonderheide (05:29:27):
Okay. Where did you do that primarily?
Ashley Luth (05:29:30):
Within the bathroom.
Mr. Vonderheide (05:29:31):
Okay.
Ashley Luth (05:29:32):
The men's bathroom.
Mr. Vonderheide (05:29:33):
I'm going to show you... Well, OSCR360 has already been admitted as evidence for the rest of the building, but you specifically did the portion of the bathroom, right?
Ashley Luth (05:29:44):
That's correct.
Mr. Vonderheide (05:29:51):
The rest of the bathroom would've been documented by who with photographs?
Ashley Luth (05:29:55):
Specialist King at the time, now Assistant Supervisor Copeland.
Mr. Vonderheide (05:29:59):
Okay. And was she following you, or were you rather following her when she was taking pictures and then you would process swabs?
Ashley Luth (05:30:07):
Correct.
Mr. Vonderheide (05:30:32):
All right. First, you took the scan of this electrical closet here?
Ashley Luth (05:30:37):
Yes.
Mr. Vonderheide (05:30:38):
Did you have any role in processing this particular room?
Ashley Luth (05:30:40):
I did.
Mr. Vonderheide (05:30:41):
Okay. What did you process in this room in particular?
Ashley Luth (05:30:44):
We collected trace evidence, and then I also completed DNA swabs and fingerprint processing in this room.
Mr. Vonderheide (05:30:55):
Okay. All right. Did this OSCR360 scan, did you do that in the men's bathroom?
Ashley Luth (05:31:28):
Yes.
Mr. Vonderheide (05:31:39):
We'll go over actual photos here in a second just to give more detail, but you did do these scans with the OSCR360?
Ashley Luth (05:31:43):
That's correct, yes.
Mr. Vonderheide (05:31:44):
Okay. Did you process the vehicle as well?
Ashley Luth (05:31:51):
I did.
Mr. Vonderheide (05:31:53):
Okay. Whose vehicle was that?
Ashley Luth (05:31:55):
It was Mr. Koswoski's husband's.
Mr. Vonderheide (05:31:58):
Okay. Your Honor, may I approach the witness?
Judge (05:32:00):
You may.
Tomasz Koswoski (05:32:00):
Everything's on there. Okay.
Mr. Vonderheide (05:32:00):
[inaudible 05:32:15].
Tomasz Koswoski (05:32:00):
Okay.
Mr. Vonderheide (05:32:19):
I'm going to show you State's Exhibit 103 for identification purposes. Take a look at this. Tell me if you recognize anything on this packet here.
Ashley Luth (05:32:24):
Yes. I recognize my initials and today's date.
Mr. Vonderheide (05:32:27):
Okay. Did you have an opportunity to look at this USB and recognize your photos on it?
Ashley Luth (05:32:31):
Yes, I did.
Mr. Vonderheide (05:32:33):
Although it's not an extensive list of all the photos you took, it's probably most of the photos that you took in this case.
Ashley Luth (05:32:37):
Yes, sir.
Mr. Vonderheide (05:32:40):
All right. Your Honor, at this time, I would request to move into evidence State's Exhibit for ID purposes 103 as State's Exhibit 103.
Judge (05:32:47):
All right. Any objection?
Tomasz Koswoski (05:32:48):
Yes, Your Honor.
Judge (05:32:50):
All right. What vehicle is this?
Mr. Vonderheide (05:32:51):
This is Michael Montgomery's vehicle, and there's also the Corolla. The Corolla's on this as well.
Judge (05:32:57):
Both. Okay. All right. Over the objection of Mr. Koswoski, it's admitted. All right. You may publish if you'd like.
Mr. Vonderheide (05:33:06):
Thank you, Your Honor. All right. Was that Mr. Montgomery's car?
Ashley Luth (05:33:25):
Yes, sir.
Mr. Vonderheide (05:33:25):
All right. To the left, I see there's a big van there. Is that what you all drive as forensic science specialists for the Pinellas County Sheriff's Office?
Ashley Luth (05:33:34):
That's one type of our vans, yes.
Mr. Vonderheide (05:33:36):
All right. What time did you get on scene March 21st?
Ashley Luth (05:33:41):
At 1820 hours, so 6:20 PM.
Mr. Vonderheide (05:33:44):
6:20? Had members of your agency been on scene from basically noon that day?
Ashley Luth (05:33:51):
I don't know when they arrived, but earlier, yes.
Mr. Vonderheide (05:33:54):
How late were you there?
Ashley Luth (05:33:56):
May I refer to my report?
Mr. Vonderheide (05:33:57):
Sure.
Ashley Luth (05:34:07):
I cleared the call at 8:31 the next morning on the 22nd.
Mr. Vonderheide (05:34:13):
Okay. You were there for over 12 hours?
Ashley Luth (05:34:17):
Yes.
Mr. Vonderheide (05:34:18):
Then throughout the entire time period, there were members of the sheriff's office forensic team present at that location, right?
Ashley Luth (05:34:26):
Yes, that's correct.
Mr. Vonderheide (05:34:27):
This is Mr. Montgomery's car. Was there anything remarkable about that, at least as it relates to photographing and processing the vehicle?
Ashley Luth (05:34:36):
Nothing in particular, besides the white hairs that you see at the bottom of the screen.
Mr. Vonderheide (05:34:43):
All right. For the record, we're at 596960031. You took a picture of that because you thought that might be significant later on?
Ashley Luth (05:34:56):
At the time, I did not know of its significance. I was just documenting the overall of the vehicle itself, but it was just something that I notated later.
Mr. Vonderheide (05:35:06):
Okay. Now, when you notated it later, was that as it relates to processing Dr. Koswoski's Toyota Corolla?
Ashley Luth (05:35:15):
That is correct, yes.
Mr. Vonderheide (05:35:17):
At that time, did you find some white fibers or white hair in the trunk of the car that you though might be significant?
Ashley Luth (05:35:23):
Yes, that's correct.
Tomasz Koswoski (05:35:24):
I object to the testimony of this witness.
Judge (05:35:26):
Okay. [inaudible 05:35:28]. Overruled.
Mr. Vonderheide (05:36:21):
All right. Specialist Luth, would it assist you in describing where you obtained swabs by looking at Specialist Copeland's pictures that she took?
Ashley Luth (05:36:31):
Yes.
Mr. Vonderheide (05:36:31):
Okay. All right. We're starting on the outside of the bathroom. There's a box there. Do you recall what that box was?
Ashley Luth (05:36:56):
I believe it was placed by either first responding officers or an employee at that building just to make sure that no one went in, but I don't know exactly who placed it.
Mr. Vonderheide (05:37:09):
Was there a napkin or paper towel next to that?
Ashley Luth (05:37:13):
Yes, there was.
Mr. Vonderheide (05:37:15):
Okay. It says there's a photo marker there, photo marker number five.
Ashley Luth (05:37:19):
Yes.
Mr. Vonderheide (05:37:19):
Did you collect that?
Ashley Luth (05:37:20):
I did.
Mr. Vonderheide (05:37:21):
When you collected that, did you put some notation on your label about it being photo marker number five?
Ashley Luth (05:37:29):
I did.
Mr. Vonderheide (05:37:29):
All right. Why did you collect this napkin?
Ashley Luth (05:37:31):
I saw areas of possible blood on the napkin.
Mr. Vonderheide (05:40:16):
Okay. May I approach for the witness? I'm showing you what's been previously marked as State's Exhibit 79 for identification purposes. Take a look at that. Tell me if you recognize anything on there.
Ashley Luth (05:40:19):
Yes. I recognize my evidence label with my signature and payroll, as well as the evidence seal with my initials, payroll, and then the date that I sealed them.
Mr. Vonderheide (05:40:30):
Okay. With the exception of some markings from the Pinellas County Forensic Laboratory, is that in the same or substantially similar condition as to when you packaged it?
Ashley Luth (05:40:39):
Yes.
Mr. Vonderheide (05:40:40):
All right. Your Honor, at this time, I'd request to move into evidence, it's State's Exhibit 79 for identification purposes as State's Exhibit 79.
Judge (05:40:49):
All right. Any objection to that?
Tomasz Koswoski (05:40:51):
Yes, Your Honor.
Judge (05:40:54):
All right. It's overruled.
Mr. Vonderheide (05:40:58):
This package, 79, is that napkin right there?
Ashley Luth (05:41:03):
That is correct, yes.
Mr. Vonderheide (05:41:04):
All right. The yellow label here means it went to the lab, right?
Ashley Luth (05:41:08):
That's correct.
Mr. Vonderheide (05:41:14):
Okay. All right. Let's talk about the bathroom door. Okay. Did you see something of significance on the bathroom door?
Ashley Luth (05:41:32):
I did, yes.
Mr. Vonderheide (05:41:33):
All right. Did you have Specialist Copeland take pictures of it and zoom in on it?
Ashley Luth (05:41:39):
Yes.
Mr. Vonderheide (05:41:39):
What was that that you saw that was significant on the bathroom door?
Ashley Luth (05:41:42):
It was an area of possible blood.
Mr. Vonderheide (05:41:45):
Okay. Is that what you're talking about?
Ashley Luth (05:41:47):
Yes, sir.
Mr. Vonderheide (05:41:48):
Did it look like it had maybe been, I don't know, smeared and applied on there certainly like that?
Ashley Luth (05:41:53):
Yes. It looked like a transfer stain.
Mr. Vonderheide (05:41:55):
Okay. What did you do with this stain here? How did you go about testing it first?
Ashley Luth (05:42:02):
I swabbed it and then tested it using phenolphthalein, and it came back presumptive positive for possible blood.
Mr. Vonderheide (05:42:11):
Okay. We've discussed phenolphthalein testing at length here in court today, so we will not do that again, but you used that test, the process everybody else talked about, and it came back positive for blood?
Ashley Luth (05:42:24):
That's correct. For possible blood, yes.
Mr. Vonderheide (05:42:26):
As a result of that, did you take a swab and collect it and package it?
Ashley Luth (05:42:31):
Yes.
Mr. Vonderheide (05:42:32):
When you're doing swabs, collection for potential DNA, are you wearing gloves?
Ashley Luth (05:42:36):
Yes.
Mr. Vonderheide (05:42:37):
All right. Do you change out your gloves each time that you do a collection?
Ashley Luth (05:42:40):
Yes. Anytime they get contaminated, yes.
Mr. Vonderheide (05:42:43):
Okay. The swab that you get, is it a sterile swab?
Ashley Luth (05:42:47):
Yes.
Mr. Vonderheide (05:42:48):
All right. Is this the same sterile swabs that everybody in your agency uses for collection?
Ashley Luth (05:42:51):
Yes.
Mr. Vonderheide (05:42:51):
26 [inaudible 05:43:11].
Tomasz Koswoski (05:43:25):
Item 26. Thank you.
Mr. Vonderheide (05:43:25):
[inaudible 05:43:29].
Tomasz Koswoski (05:43:25):
Item 26. Thank you.
Mr. Vonderheide (05:43:36):
I'm going to show you what's been previously marked as State's Identification 89. Take a look at that. Tell me what you recognize on there if you do, and if you don't, I can open it up.
Ashley Luth (05:43:48):
I do not recognize anything on this.
Mr. Vonderheide (05:43:50):
Okay. Would some scissors assist in maybe locating your swab?
Ashley Luth (05:43:56):
Yes, sir. Yes, I recognize this one.
Mr. Vonderheide (05:44:33):
Okay. What do you recognize on there?
Ashley Luth (05:44:34):
This is my evidence label with my signature and payroll, and then on the back, I have the evidence tape with my initials, payroll, and then the date that I sealed it.
Mr. Vonderheide (05:44:45):
All right. Other than the markings from the laboratory, is it in the same or substantially similar condition?
Ashley Luth (05:44:50):
Yes, sir.
Mr. Vonderheide (05:44:50):
All right. Your Honor, at this time, I request to move into evidence State's ID 89 as State's 89.
Judge (05:44:53):
Any objection?
Tomasz Koswoski (05:44:53):
Yes, Your Honor.
Judge (05:44:54):
All right. It's admitted.
Mr. Vonderheide (05:44:54):
State's 89 here, is that the swab you took from this... What you found to be presumptive positive blood stain on the door?
Ashley Luth (05:45:08):
I'm sorry, can I just confirm the label? Thank you. Yes. Possible blood, men's bathroom exterior door.
Mr. Vonderheide (05:45:17):
Okay. That swab was used on that stain packaged [inaudible 05:45:22] the lab?
Ashley Luth (05:45:22):
That is correct.
Mr. Vonderheide (05:45:37):
Okay. Let's move into the bathroom now. Was there some potential blood that you found by the urinal?
Ashley Luth (05:45:52):
Yes.
Mr. Vonderheide (05:45:53):
All right. Did you swab that?
Ashley Luth (05:45:56):
I did.
Mr. Vonderheide (05:45:57):
Did you do any presumptive testing on that swab that you took there?
Ashley Luth (05:46:00):
Yes. I also completed phenolphthalein testing.
Mr. Vonderheide (05:46:02):
Okay. What was the result of that phenolphthalein testing?
Ashley Luth (05:46:05):
It was positive.
Mr. Vonderheide (05:46:45):
25. [inaudible 05:46:27]. I'm going to show you what's been pre-marked as State's Exhibit 88 for identification purposes. Take a look at this. Tell me if you recognize anything. If you don't, feel free to open it up.
Ashley Luth (05:46:55):
I do not. Yes, I recognize this one.
Mr. Vonderheide (05:47:17):
Okay. It's got your name and label on it?
Ashley Luth (05:47:20):
Correct.
Mr. Vonderheide (05:47:21):
Same or substantially similar condition as to when you originally packaged it?
Ashley Luth (05:47:24):
That's correct.
Mr. Vonderheide (05:47:25):
Does it have a description of where it is located?
Ashley Luth (05:47:27):
Yes. Possible blood exterior, men's bathroom stall near urinal.
Mr. Vonderheide (05:47:32):
Okay. Is that what that is?
Ashley Luth (05:47:33):
Yes, sir.
Mr. Vonderheide (05:47:34):
All right. This is a photograph of this swab that you have in your hand right now?
Ashley Luth (05:47:37):
That is correct.
Mr. Vonderheide (05:47:38):
Your Honor, at this time I request to move into evidence State's ID 88 in as State's 88.
Judge (05:47:43):
Any objection?
Tomasz Koswoski (05:47:45):
Yes, Your Honor.
Judge (05:47:46):
All right. That's overruled. It's admitted.
Mr. Vonderheide (05:47:51):
To be clear, that stain on that picture right there, you tested it, it tested positive for potential human blood or potential blood?
Ashley Luth (05:47:59):
For possible blood, yes.
Mr. Vonderheide (05:48:00):
Possible blood. You packaged it right here in State's Exhibit 88. It went to the lab and it was tested.
Ashley Luth (05:48:07):
That is correct, yes.
Mr. Vonderheide (05:49:01):
[inaudible 05:48:44]. State's Item 90 for ID purposes. Take a look at it. You'll probably need the scissors if you need to open it up and see what's inside.
Ashley Luth (05:49:31):
I recognize it.
Mr. Vonderheide (05:49:31):
Okay. What do you recognize about it?
Ashley Luth (05:49:32):
It has my evidence label with signature, payroll, and then the evidence state has my initials, payroll, and the date I sealed it.
Mr. Vonderheide (05:49:40):
All right. Description of where it's located?
Ashley Luth (05:49:43):
Men's bathroom, northeast corner wall near baseboard.
Mr. Vonderheide (05:49:46):
Okay. Is that what we're looking at on this picture right here?
Ashley Luth (05:49:48):
That is correct, yes.
Mr. Vonderheide (05:49:51):
All right. The staining right here on the wall, did you do a presumptive phenolphthalein test on that as well?
Ashley Luth (05:49:55):
I did, yes.
Mr. Vonderheide (05:49:56):
What was the result?
Ashley Luth (05:49:58):
It was positive.
Mr. Vonderheide (05:49:59):
Okay. You did that test and then you used a sterile swab?
Lawyer (05:50:00):
So you did that test and then you used a sterile swab. And did you collect that sample right there?
Ashley Luth (05:50:06):
Yes, sir.
Lawyer (05:50:08):
All right. Packaged it right there?
Ashley Luth (05:50:08):
Yes.
Lawyer (05:50:09):
Same or substantially similar condition as to when you packaged it other than lab markings?
Ashley Luth (05:50:12):
Yes, sir.
Lawyer (05:50:13):
All right. Your Honor, at this time I'd request to move into evidence State's ID 90 and is State's 90.
Speaker 21 (05:50:19):
Any objection?
Speaker 22 (05:50:20):
Yes, Your Honor.
Speaker 21 (05:50:22):
All right. It's admitted over your objection.
Lawyer (05:50:25):
So to be clear, State's 90, which is lab number...
Ashley Luth (05:50:29):
36.
Lawyer (05:50:30):
... 36 is this spot of blood right here on the bathroom wall?
Ashley Luth (05:50:34):
That is correct.
Lawyer (05:52:51):
[inaudible 05:52:27]. Sir, I'm going to show you what's been previously marked as State's Exhibit 57 for ID purposes. Take a look at this and if you have to open it, which you might, go ahead and use it.
Ashley Luth (05:53:35):
I recognize this.
Lawyer (05:53:37):
Okay. How do you recognize it?
Ashley Luth (05:53:39):
It has my evidence label with my signature and payroll, and then the evidence tape has my initials payroll and the date I sealed it.
Lawyer (05:53:44):
Okay. Other than markings from the lab, same or substantially similar condition as to when you collected it?
Ashley Luth (05:53:49):
Yes, that's correct.
Lawyer (05:53:50):
Description on the label?
Ashley Luth (05:53:52):
Possible blood, men's bathroom drain and floor.
Lawyer (05:53:55):
All right. Would this have been something that you did a presumptive test on as well, phenolphthalein?
Ashley Luth (05:53:59):
Yes, sir.
Lawyer (05:54:00):
Okay. And they came back, I'm presuming positive?
Ashley Luth (05:54:02):
Yes.
Lawyer (05:54:03):
And then as a result, you collected it for DNA analysis?
Ashley Luth (05:54:06):
That's correct. I collected the swab and I submitted, yes.
Lawyer (05:54:09):
Okay. State's ID 57, moving it in as State's 57.
Speaker 21 (05:54:16):
Any objection?
Speaker 22 (05:54:17):
Yes, Your Honor.
Speaker 21 (05:54:19):
All right. That's overruled. It's admitted.
Lawyer (05:54:21):
So if you can tell from this photo, we can bump to other photos that are sort of adjacent to it as well if you need to. Where did you lift the swab from?
Ashley Luth (05:54:30):
It's going to be on the actual drain itself. So you see in the... Yes, where her cursor is, it's that area right there.
Lawyer (05:54:39):
All right. For the record, we're at... So this is Specialist Copeland's photos 591010613. And you're saying it's just sort of to the left of the drain in the picture there?
Ashley Luth (05:54:52):
Yes, sir.
Lawyer (05:54:53):
Is it where that discoloration was?
Ashley Luth (05:54:55):
Yes, sir.
Lawyer (05:54:56):
All right. Now we've moved to the next photograph, different angle. I mean, it looks like a reddish kind of stain.
Ashley Luth (05:55:04):
Yes, sir.
Lawyer (05:55:09):
All right. And to be clear, this swab right here, which went to the lab is lab number 16, State's 57 was the swab you used to take that potential blood off the drain?
Ashley Luth (05:55:18):
That's correct.
Lawyer (05:55:34):
Now we've asked other forensic specialists, but you all don't have responsibility for submitting stuff to the lab, right?
Ashley Luth (05:55:41):
No.
Lawyer (05:55:41):
That's completely out of your guys' wheelhouse?
Ashley Luth (05:55:44):
That's correct.
Lawyer (05:55:45):
Who does that? The lead detective?
Ashley Luth (05:55:46):
Yeah, the case agent or sometimes the state, I think.
Lawyer (05:55:50):
Okay. Were there other possible areas of blood found in that bathroom that you tested?
Ashley Luth (05:55:59):
Yes.
Lawyer (05:55:59):
All right. Can you tell us about that, independent of what we just saw and admitted into evidence?
Ashley Luth (05:56:05):
Yes. I also swabbed and tested with phenolphthalein the men's bathroom north wall, the men's bathroom stall door edge near handle, and the men's bathroom below right paper towel dispenser.
Lawyer (05:56:24):
Okay. And did all those places test positive, presumptive for blood?
Ashley Luth (05:56:29):
Yes, I did test one other area that came back negative.
Lawyer (05:56:33):
Okay. Where was the area that tested negative?
Ashley Luth (05:56:35):
Men's bathroom, right side of sink handle.
Lawyer (05:56:38):
Okay. So of all the areas that you tested, you had one that came back negative for the possible presence?
Ashley Luth (05:56:42):
That's correct.
Lawyer (05:56:48):
So the next stage in this investigation for you, what did that involve?
Ashley Luth (05:56:55):
The Toyota Corolla.
Lawyer (05:56:57):
Okay. And where did you have occasion to process the Toyota Corolla?
Ashley Luth (05:57:05):
It was at our vehicle processing bay.
Lawyer (05:57:07):
Okay. Which is located, we've heard it a bunch of times today, but is that basically across the street?
Ashley Luth (05:57:13):
It's just north of our building, yes.
Lawyer (05:57:15):
Okay. And so was the Corolla already housed inside of the garage by the time you got there?
Ashley Luth (05:57:21):
Yes, sir.
Lawyer (05:57:21):
Did it still have the evidence tape on it, sealing the door shut?
Ashley Luth (05:57:30):
Yes.
Lawyer (05:57:31):
Okay. Did you break the seal to get into it?
Ashley Luth (05:57:33):
I did.
Lawyer (05:57:33):
All right. And were you responsible for processing the entirety of the Toyota Corolla?
Ashley Luth (05:57:41):
With the assistance of Assistant Supervisor Sanford, yes.
Lawyer (05:57:44):
Okay. So just where Copeland in the bathroom took the pictures and you lifted the swabs, was it kind of the inverse situation here? You're doing photographs and doing some swabs too?
Ashley Luth (05:57:54):
Yes, kind of.
Lawyer (05:57:56):
Kind of?
Ashley Luth (05:57:58):
I did most of the swabs from this Corolla as well.
Lawyer (05:58:01):
Okay. So you did the photographs and the swabs?
Ashley Luth (05:58:03):
Correct.
Lawyer (05:58:04):
All right. So let's talk about the Corolla. Is this the car that you processed?
Ashley Luth (05:58:07):
Yes.
Lawyer (05:58:08):
All right. And we mentioned the seals. I don't know if we see any clearly in this picture. Okay, here we go. The trunk, do we see a seal?
Ashley Luth (05:58:19):
Yes.
Lawyer (05:58:20):
All right. And that's the way you received it and you were the one who unsealed it?
Ashley Luth (05:58:25):
Correct.
Lawyer (05:58:26):
How do you go about unbreaking the seal to get into the trunk?
Ashley Luth (05:58:29):
I just simply open the door of the trunk.
Lawyer (05:58:32):
Okay. You don't have to cut it with anything?
Ashley Luth (05:58:34):
No, sir.
Lawyer (05:58:34):
Okay. All right. So when you start processing the vehicle, was there a lot of stuff in this car?
Ashley Luth (05:58:43):
There was a decent amount, yes.
Lawyer (05:58:45):
Was there a decent amount of stuff to collect and tag and inventory?
Ashley Luth (05:58:50):
Yes.
Lawyer (05:59:02):
As part of your processing of the car, did you utilize luminol?
Ashley Luth (05:59:06):
I did.
Lawyer (05:59:06):
All right. Did you take swabs from those areas? Well, you didn't, but Ms. Sanford took swabs from the areas that luminol illuminated?
Ashley Luth (05:59:15):
Yes.
Lawyer (05:59:15):
Okay. All right. So let's talk about, what are we seeing here?
Ashley Luth (05:59:18):
That is the trunk of the Corolla.
Lawyer (05:59:21):
Okay. So is there another picture when you opened it up where you could maybe see a ballistics vest?
Ashley Luth (05:59:29):
Yes.
Lawyer (05:59:29):
Is it in this picture?
Ashley Luth (05:59:31):
Yes.
Lawyer (05:59:32):
All right. And how many ballistic vests did you find in the trunk of this Toyota Corolla?
Ashley Luth (05:59:36):
Two.
Lawyer (05:59:37):
Two. All right. What's the descriptor so we can understand what you're talking about?
Ashley Luth (05:59:42):
The one on top that you see right there is labeled just the black ballistic vest, and then there's one underneath it that has an EMS Velcro on the front of it. So I labeled that EMS ballistic vest.
Lawyer (05:59:55):
So this one on the top, did you collect that ticket into evidence?
Ashley Luth (06:00:00):
Yes.
Lawyer (06:00:06):
Processing something like this, so you got a lot of stuff in this trunk, a lot of different things, bikes, gas cans, toolboxes, ballistic vest. How do you go about processing the trunk? How do you start? Where do you even start with this?
Ashley Luth (06:00:19):
In this instance, we had seen possible blood on the black ballistic vest, so I immediately pulled that out to conduct the phenolphthalein test on it. But after that, it's just a systematic approach and we just remove items from each area and place it out on the brown butcher paper and photograph as we go.
Lawyer (06:00:45):
Okay. So this is the vest?
Ashley Luth (06:00:47):
Yes.
Lawyer (06:00:49):
And the presumptive swab, could you tell us right now where you would've taken that presumptive swab from this, if you can see it here?
Ashley Luth (06:00:56):
Yep. Right there. So you see the Velcro part, it's just above the Velcro, pretty much in the middle of that. Yeah, you can see it better there.
Lawyer (06:01:05):
All right. So that's it?
Ashley Luth (06:01:06):
Yes, sir.
Lawyer (06:01:07):
Tested positive for blood?
Ashley Luth (06:01:09):
Yes.
Lawyer (06:01:09):
Did you take a swab of it?
Ashley Luth (06:01:09):
I did.
Lawyer (06:01:10):
33 is the swab. Showing you what's pre-marked as State's Exhibit 92 for identification purposes. Take a look at it and open it up if you need to.
Ashley Luth (06:02:10):
I recognize this.
Lawyer (06:02:12):
Okay. And how do you recognize it?
Ashley Luth (06:02:14):
It has my evidence label with my signature and payroll, and then the evidence tape has my initials, payroll, and then the date.
Lawyer (06:02:21):
With the exception of maybe some markings from the Pinellas County Forensic Laboratory, is it in the same or substantially similar condition as to when you packaged it?
Ashley Luth (06:02:29):
Yes, sir.
Lawyer (06:02:31):
All right. Your Honor, at this time I request to move into evidence State's ID 92. It is State's 92.
Speaker 21 (06:02:37):
All right. So we're objecting to this, correct?
Speaker 22 (06:02:40):
Yes, sir.
Speaker 21 (06:02:40):
All right. So it's overruled and it's admitted.
Lawyer (06:02:45):
So this swab, which was a sterile swab, right, that you used?
Ashley Luth (06:02:48):
Yes.
Lawyer (06:02:49):
Is from this blood spot right here on the [inaudible 06:02:53]?
Ashley Luth (06:02:53):
Yes, sir.
Lawyer (06:03:34):
I'm going to show you State's Exhibits 95 for ID purposes. Take a look at this. Tell me if you recognize anything on it.
Ashley Luth (06:03:38):
Yes, I recognize it.
Lawyer (06:03:43):
And how do you recognize it?
Ashley Luth (06:03:47):
It has on the evidence date, my initials, payroll, the date I sealed it, and then on the evidence label has my signature and payroll.
Lawyer (06:03:55):
Same or substantially similar condition as when you package?
Ashley Luth (06:03:58):
Yes.
Lawyer (06:03:59):
Your Honor, at this time I'd request to move into evidence State's Exhibit 95. For ID purposes, it's 95.
Speaker 21 (06:04:06):
Any objection on this one?
Speaker 22 (06:04:08):
Yes, Your Honor.
Speaker 21 (06:04:11):
All right. Overruled. It's admitted.
Lawyer (06:04:12):
And Your Honor, permission to open it and publish, Your Honor? While you're opening it up, you did not send the entire vest to the lab, right? Or you don't know?
Ashley Luth (06:04:26):
I don't know.
Lawyer (06:04:29):
You definitely took a swab though?
Ashley Luth (06:04:30):
Yes, I did.
Lawyer (06:04:31):
And there's no markings from the lab on this actual document?
Ashley Luth (06:04:37):
There's nothing that I see on the bag, no.
Lawyer (06:04:38):
Okay.
Ashley Luth (06:04:38):
Sorry.
Lawyer (06:05:40):
No, you're good. And can you point out on here where the spot would've been?
Ashley Luth (06:05:44):
It is right there.
Lawyer (06:05:47):
And it was found in the trunk. We had the picture up earlier, but kind of almost shoved in the middle between that bicycle and we're going to see it right here.
Ashley Luth (06:06:01):
Yes. So it's underneath that Pelican case and slightly underneath the tire of that bicycle.
Lawyer (06:06:20):
Okay.
Ashley Luth (06:06:20):
Go back in.
Lawyer (06:06:21):
And since we're, for lack of a better term, we're here in the trunk, the Pelican case, let's talk about that. Did you take that out?
Ashley Luth (06:06:35):
Yes, I did.
Lawyer (06:06:35):
Did you open it up?
Ashley Luth (06:06:35):
Yes, I did.
Lawyer (06:06:36):
What was in it?
Ashley Luth (06:06:43):
Money.
Lawyer (06:06:45):
Okay. And when you say money, did it look to be a substantial amount of money?
Ashley Luth (06:06:48):
Yes.
Lawyer (06:06:49):
Are you responsible for counting that money?
Ashley Luth (06:06:53):
No, sir.
Lawyer (06:06:54):
Who is?
Ashley Luth (06:06:56):
Detectives or depending on whoever's collecting it, so detectives or the deputy or officer.
Lawyer (06:07:02):
So you hand it over to a detective to count it out?
Ashley Luth (06:07:08):
That's correct, yes.
Lawyer (06:07:09):
Okay. Did you take some photographs of it though?
Ashley Luth (06:07:11):
I did.
Lawyer (06:07:14):
Does the detective lay the money out for you while you take pictures of it?
Ashley Luth (06:07:18):
In this instance, we did not lay out all the money, no.
Lawyer (06:07:21):
Okay. All right. So you would take this Pelican case, open it up, and then hand it over to the detective in Margo [inaudible 06:07:27]?
Ashley Luth (06:07:27):
I did remove some of the money and laid it out, as you see, but then yes, I handed it over to the detective.
Lawyer (06:07:42):
All right. So let's go a little further through the trunk with that bicycle that we saw, what was that?
Ashley Luth (06:07:48):
May I refer to my report? Sure. So I just have it listed as a foldable bicycle. I know I took more photographs of it, but I don't have the specific make model of it.
Lawyer (06:08:09):
Was it just a human-powered bike, for lack of a better term? It wasn't electric or gas powered?
Ashley Luth (06:08:14):
That's correct.
Lawyer (06:08:28):
Okay, so there we are. So the bike over there on the left-hand side, what's on the right hand side of the trunk in the picture?
Ashley Luth (06:08:35):
That is a gas tank.
Lawyer (06:08:37):
Okay. Was there any gas in it?
Ashley Luth (06:08:39):
Not that I recall.
Lawyer (06:08:40):
Okay. What would've happened if there was gas in it? Would that be something you would've documented in your report?
Ashley Luth (06:08:45):
Yes, most likely, yes.
Lawyer (06:08:47):
Okay. All Right. Next thing, looks like there's a firearm in the trunk?
Ashley Luth (06:08:51):
Yes.
Lawyer (06:08:52):
All right. Did you have someone secure that firearm?
Ashley Luth (06:08:56):
As far as clearing it, you mean?
Lawyer (06:08:57):
Yeah.
Ashley Luth (06:08:58):
I don't recall if I cleared it or if a detective did, but it was cleared, yes.
Lawyer (06:09:04):
Okay. Toolbox, anything remarkable in the toolbox?
Ashley Luth (06:09:07):
No, sir.
Lawyer (06:09:08):
So you're taking all these things out. Looks like we see an EMS vest. Did you collect that?
Ashley Luth (06:09:15):
Yes.
Lawyer (06:09:16):
Did you do a swab of it?
Ashley Luth (06:09:18):
Yes, I did.
Lawyer (06:09:21):
Did you do a phenolphthalein on it?
Ashley Luth (06:09:22):
Yes.
Lawyer (06:09:24):
What was the result of the phenolphthalein?
Ashley Luth (06:09:27):
It was positive.
Lawyer (06:09:53):
I'm going to show you what's been previously marked as State's Exhibit 91 for identification purposes. Take a look at and open if you need to, this item. Tell me if you recognize it.
Ashley Luth (06:10:24):
Yes, I recognize this.
Lawyer (06:10:24):
Okay. How do you recognize it?
Ashley Luth (06:10:25):
The evidence label with my signature and payroll, and then the evidence tape has my initial payroll and the date I sealed it.
Lawyer (06:10:34):
Okay. Same or substantially similar condition with the exception of laboratory markings?
Ashley Luth (06:10:38):
That's correct.
Lawyer (06:10:39):
Your Honor, at this time, I'd request to move into evidence State's ID 91 into State's 91.
Speaker 21 (06:10:44):
All right. And you're objecting?
Speaker 22 (06:10:45):
Yes.
Speaker 21 (06:10:46):
All right. Overruled. It's admitted.
Lawyer (06:10:49):
Do you recall where this swab came from in particular on this EMS valve?
Ashley Luth (06:10:57):
From this photo, I cannot tell.
Lawyer (06:10:58):
Okay.
Ashley Luth (06:11:06):
Yeah, I think it's in the left corner of the armpit area, I believe. There should be more photographs of it though. No. So if you go down a little bit, so you see in between the two, up a little, zoom out a little bit. No, those are the fibers. I believe it's right where your mouse is. Can you zoom in? It's hard to tell when you... Yeah, I can't tell from this photo, honestly. I'm sorry.
Lawyer (06:12:09):
You said mentioned fibers. What was significant about the fibers?
Ashley Luth (06:12:13):
They appeared to be red fibers to me.
Lawyer (06:12:15):
Okay. And was that of significance in the investigation?
Ashley Luth (06:12:18):
Yes.
Lawyer (06:12:18):
And how so?
Ashley Luth (06:12:19):
We were told that the victim was last seen wearing a red shirt or sweater or something along those lines, and that in the bed of the Tundra, there was a red or orange pink-ish color covering of some sort.
Lawyer (06:12:39):
Did you collect this EMS vest?
Ashley Luth (06:12:40):
I did.
Lawyer (06:13:19):
I'm showing you what's been previously marked as State's ID 94. Take a look at that. Tell me if you recognize it.
Ashley Luth (06:13:25):
I do.
Lawyer (06:13:25):
All right. And how do you recognize it?
Ashley Luth (06:13:26):
The evidence label has my signature payroll, and then the evidence tape has my initials, payroll, and then the date that I sealed it.
Lawyer (06:13:33):
Okay. And same or substantially similar condition as to when you packaged it?
Ashley Luth (06:13:37):
Yes.
Lawyer (06:13:39):
And any markings from the lab on it?
Ashley Luth (06:13:40):
Not that I see, no.
Lawyer (06:13:42):
Your Honor, at this time, I'd request to move into evidence State's ID 94 to State's 94.
Speaker 21 (06:13:46):
All right. And you're objecting?
Speaker 22 (06:13:48):
Yes.
Speaker 21 (06:13:48):
All right. Overruled. It's admitted.
Lawyer (06:13:48):
May I publish it too, Your Honor? It's got EMS in the front and in the back, correct?
Ashley Luth (06:13:48):
Yes.
Lawyer (06:15:48):
Thank you. So Ms. Finaro put up a picture earlier of a grayscale-looking vest. What is this picture?
Ashley Luth (06:15:56):
That is a UBIR camera photograph of the black ballistic vest.
Lawyer (06:16:02):
And why do you take this photograph?
Ashley Luth (06:16:05):
Just to give a better contrast of the possible blood on the item.
Lawyer (06:16:09):
Okay. All right. The trunk of the car, you mentioned there was some fibers that may have been of significance in the trunk of the car?
Ashley Luth (06:16:19):
Yes.
Lawyer (06:16:21):
All right. What were those fibers that you found in the trunk of the car?
Ashley Luth (06:16:24):
The red possible fibers as well as the white possible hairs.
Lawyer (06:16:28):
Okay. And those potential fibers, they were stuck in the carpet of the Corolla, in the trunk carpet, I guess you would call it?
Ashley Luth (06:17:01):
They were along the edge of the trunk, like going up as well.
Lawyer (06:17:07):
Okay.
Ashley Luth (06:17:17):
They should be towards the beginning of the photos.
Lawyer (06:17:21):
You took like a thousand photos?
Ashley Luth (06:17:23):
Yes.
Lawyer (06:17:24):
Okay. [inaudible 06:17:32]. Did you process the cabin of the Toyota Corolla as well?
Ashley Luth (06:17:36):
Yes.
Lawyer (06:17:37):
All right. And you found some bags in it?
Ashley Luth (06:17:39):
Yes.
Lawyer (06:17:40):
On the passenger seat, did you find a bag with a laptop and maybe some paperwork in it?
Ashley Luth (06:17:44):
Yes.
Lawyer (06:17:46):
There we are. S1DSC0206.
Ashley Luth (06:17:55):
Yes.
Lawyer (06:17:56):
Is this what you thought might be of potential relevance in the case?
Ashley Luth (06:17:59):
Yes.
Lawyer (06:18:01):
All right. So the cabin of the Corolla on the passenger front seat, there was a bag, laptop, maybe some business paperwork?
Ashley Luth (06:18:10):
Yes.
Lawyer (06:18:11):
Documented it?
Ashley Luth (06:18:13):
Yes.
Lawyer (06:18:13):
Took pictures of it?
Ashley Luth (06:18:14):
Yes.
Lawyer (06:18:16):
Okay. Let's talk about the floorboard. Was there the bag in the floorboard?
Ashley Luth (06:18:20):
Yes.
Lawyer (06:18:22):
You collected that, right?
Ashley Luth (06:18:23):
Yes.
Lawyer (06:18:23):
Brought it out of the car?
Ashley Luth (06:18:26):
Yes.
Lawyer (06:18:27):
Unzipped it?
Ashley Luth (06:18:28):
Yes.
Lawyer (06:18:28):
Started going through it?
Ashley Luth (06:18:30):
Yes.
Lawyer (06:18:30):
All right. What's the first thing you saw in there?
Ashley Luth (06:18:33):
A black mask.
Lawyer (06:18:34):
It was a black mask?
Ashley Luth (06:18:36):
Yes.
Lawyer (06:18:37):
And did you collect that black mask?
Ashley Luth (06:18:39):
I did.
Lawyer (06:18:39):
Okay.
Speaker 22 (06:18:39):
[inaudible 06:18:40].
Lawyer (06:18:39):
[inaudible 06:18:40]. I'm going to show you what's been previously marked as State's ID 98. For identification purposes, take a look at it. Tell me what you see on there, if you recognize it.
Ashley Luth (06:19:41):
Yes. I recognize the evidence tape to have my initials payroll and the date that I sealed it, and then the evidence label has my signature and then my payroll.
Lawyer (06:19:53):
Okay. Same or substantially similar condition as 29?
Ashley Luth (06:19:58):
Yes.
Lawyer (06:19:59):
All right. This time, the state's going to seek to [inaudible 06:20:02] State's ID 98 into State's 98.
Speaker 21 (06:20:04):
All right. And you're objecting based upon the search warrant?
Speaker 22 (06:20:07):
Yes.
Speaker 21 (06:20:08):
All right. Overruled. It's admitted.
Lawyer (06:20:11):
Okay. This is the bag.
Ashley Luth (06:20:15):
May I confirm on the label?
Lawyer (06:20:16):
Yeah, for sure.
Ashley Luth (06:20:19):
Yes. Black bag, front passenger floor.
Speaker 22 (06:20:21):
Okay.
Lawyer (06:20:56):
State's ID 83. I'm going to present this to you and see if you recognize anything on State's ID 83.
Ashley Luth (06:21:05):
Yes, I recognize it.
Lawyer (06:21:06):
What do you recognize on it?
Ashley Luth (06:21:08):
On the evidence label, it has my signature and payroll. And then on the evidence tape, it has my initials, payroll, and the date that I sealed it.
Lawyer (06:21:16):
Same or substantially similar conditions to what you had?
Ashley Luth (06:21:19):
Yes, sir.
Lawyer (06:21:19):
Your Honor, at this time I request to move into evidence State's ID 83 and State's 83.
Speaker 21 (06:21:27):
All right. And you're objecting same reason?
Speaker 22 (06:21:29):
Yes, Your Honor.
Speaker 21 (06:21:30):
All right. It's admitted.
Lawyer (06:21:31):
Permission to publish to the court?
Speaker 21 (06:21:32):
You may.
Lawyer (06:22:10):
So is that the first thing in the bag then?
Ashley Luth (06:22:12):
Yes, sir.
Lawyer (06:22:13):
And was that basically one of the first things on the top that you saw when you opened the bag?
Ashley Luth (06:22:18):
Yes, sir.
Lawyer (06:22:20):
Okay. Packaged it. Here it is.
Ashley Luth (06:22:24):
Yes.
Lawyer (06:22:24):
Same mask?
Ashley Luth (06:22:25):
Yes.
Lawyer (06:22:25):
All right. Let's talk about what's next in the bag.
Ashley Luth (06:22:29):
Underneath this one was the white mask.
Lawyer (06:22:52):
Okay. State's ID 84. Take a look at it. Tell me if you recognize it.
Ashley Luth (06:22:56):
Yes, I recognize it.
Lawyer (06:23:04):
What do you recognize on it?
Ashley Luth (06:23:08):
On the evidence tape, it has my initials payroll, the date I sealed it, and then my evidence label has my signature and payroll.
Lawyer (06:23:15):
Same or substantially similar conditions when you packaged?
Ashley Luth (06:23:17):
Yes, sir.
Lawyer (06:23:19):
All right. Your Honor, at this time I'd request to move into evidence State's ID 84 and State's 84 and request to publish to the court.
Speaker 21 (06:23:27):
You're objecting?
Speaker 22 (06:23:28):
Yes.
Speaker 21 (06:23:29):
Same basis?
Speaker 22 (06:23:30):
Yes.
Speaker 21 (06:23:30):
Search warrant. All right. Overruled. It's admitted. You can publish.
Lawyer (06:24:01):
So that's the very next thing you found in the bag, right?
Ashley Luth (06:24:03):
Yes, sir.
Lawyer (06:24:03):
All right. So what was next in the bag?
Ashley Luth (06:24:16):
Underneath that I believe was a black hat.
Lawyer (06:24:23):
Okay. Did you collect that?
Ashley Luth (06:24:23):
Yes.
Lawyer (06:24:23):
Did you collect some ski masks as well?
Ashley Luth (06:24:35):
Yes.
Lawyer (06:24:45):
Okay. I'm going to show you first state's ID 81. Take a look at it. Tell me if you recognize anything on state's ID 81.
Ashley Luth (06:24:54):
Yes.
Lawyer (06:24:56):
And same thing we said before, she recognized the labeling?
Ashley Luth (06:25:01):
Yes.
Lawyer (06:25:02):
Same or substantially similar condition?
Lawyer (06:25:00):
Do you recognize the labeling?
Dana Zuchetto (06:25:01):
Yes.
Lawyer (06:25:02):
Same or substantially similar condition?
Dana Zuchetto (06:25:04):
Yes.
Lawyer (06:25:04):
All right. Your Honor, at this time I request to move into evidence State's ID 81 as State's 81.
Judge (06:25:11):
All right. Same objection. Same reason?
Dana Zuchetto (06:25:13):
Yes, Your honor.
Judge (06:25:14):
Overruled. It's admitted.
Lawyer (06:25:17):
Okay. Then we'll just go ahead while we're here. Right. State's ID 82, recognize it?
Dana Zuchetto (06:25:25):
Yes, sir.
Lawyer (06:25:25):
Same or substantially similar condition?
Dana Zuchetto (06:25:25):
Yes.
Lawyer (06:25:30):
You packaged that yourself?
Dana Zuchetto (06:25:32):
Yes.
Lawyer (06:25:34):
All right. At this time, state requests to move into evidence state's ID 82 and state's 82.
Judge (06:25:39):
All right. Same objection for same basis, correct?
Defendant (06:25:41):
Yes, Your Honor.
Judge (06:25:42):
All right. Overruled. It's admitted.
Lawyer (06:25:45):
Request to publish to the court, Your Honor.
Judge (06:25:46):
You publish both of them.
Dana Zuchetto (06:25:47):
This is the black baseball cap. These are the two ski-style masks.
Lawyer (06:27:15):
This has been, so we know, black mask, lighter color mask, black hat, and the two ski masks in the other side of the bag.
Dana Zuchetto (06:27:24):
That's correct. On one side, yes.
Lawyer (06:27:27):
Was there also a drug, a paraphernalia, in that bag?
Dana Zuchetto (06:27:36):
Yes, there was a drug.
Lawyer (06:27:36):
Do you know what it was?
Dana Zuchetto (06:27:43):
I don't know how to say it, but-
Lawyer (06:27:47):
Starts with an S?
Dana Zuchetto (06:27:48):
Yes.
Lawyer (06:27:50):
Did you hand that over to a detective from Largo Police Department?
Dana Zuchetto (06:27:52):
I did, yes.
Lawyer (06:27:53):
All right. If I showed it to you, would you recognize it?
Dana Zuchetto (06:27:55):
Yes.
Lawyer (06:28:19):
I'm going to show you what's already in evidence, actually. Did you put it in this paint can?
Dana Zuchetto (06:28:23):
No.
Lawyer (06:28:23):
Do you use paint cans in evidence collection?
Dana Zuchetto (06:28:26):
Yes.
Lawyer (06:28:26):
Well, for what purpose?
Dana Zuchetto (06:28:27):
We use them mainly for fire debris, but also for any food or even tobacco related items, usually.
Lawyer (06:28:35):
Sharp items?
Dana Zuchetto (06:28:37):
We personally don't because we have other ways of packaging.
Lawyer (06:28:41):
Okay.
Dana Zuchetto (06:28:42):
But it is an option.
Lawyer (06:28:45):
So for the record, this has been entered in already. It's State's Exhibit 54. Take a look at it and tell me if you recognize that item.
Dana Zuchetto (06:29:00):
Yes, I do.
Lawyer (06:29:00):
Okay. What is it?
Dana Zuchetto (06:29:02):
It is that vial of medication that I can't pronounce and needles.
Lawyer (06:29:07):
Okay. Is that represented right there in that photograph?
Dana Zuchetto (06:29:10):
Yes, sir.
Lawyer (06:29:10):
Did you take that photograph?
Dana Zuchetto (06:29:11):
I did.
Lawyer (06:29:19):
What else was in the bag?
Dana Zuchetto (06:29:23):
Underneath the black hat, there was a pair of binoculars.
Lawyer (06:31:17):
Okay. While we're here. I'm going to show you. This is State's Exhibit 72 for identification purposes. Take a look at that.
Dana Zuchetto (06:31:23):
I recognize it.
Lawyer (06:31:25):
Okay. Same or substantially similar condition as to when you packaged it?
Dana Zuchetto (06:31:28):
Yes, sir.
Lawyer (06:31:29):
Your Honor, at this time, I request to move into evidence. It's State's ID 72, and it's State's 72.
Judge (06:31:36):
All right. You object on the same basis?
Defendant (06:31:37):
Yes.
Judge (06:31:37):
Search warrant, right? That's overruled. It's admitted.
Lawyer (06:31:43):
Request to publish it. [inaudible 06:31:44]
Judge (06:31:43):
You may.
Dana Zuchetto (06:31:43):
There's a case with binoculars inside.
Lawyer (06:31:43):
What else did you find in the bag going down this bag?
Dana Zuchetto (06:32:43):
I don't remember what was specifically underneath those, but there was also two passports, checkbooks, a stun gun-
Lawyer (06:32:57):
A stun gun.
Dana Zuchetto (06:33:01):
... flashlights, lighters, crowbar, brass knuckles, scissors, TracFone cards and booklets, a folding knife, a Garmin GPS, a roll of duct tape, plastic bags containing miscellaneous patches, Velcro strips and stickers. There's law enforcement patches, yellow shoelace, butane valve, plastic bag containing miscellaneous charging cords and a memory card reader.
(06:33:47)
Then another plastic bag with a $10,000 money banned inside and a pair of black socks. I missed that one, sorry.
Lawyer (06:34:08):
Right. All right.
Judge (06:34:13):
All right. I think our court reporter needs a break and she may not be the only one. So let's go ahead and take a 15-minute break. Okay?
Lawyer (06:34:18):
All rise. Court is recessed. 15 minutes by the courtroom clock.
Judge (06:34:18):
All right. You may be seated. You doing okay?
Defendant (06:34:18):
Yes.
Judge (06:52:44):
All right, good. All right, you may continue.
Lawyer (06:52:46):
Thank you, Your Honor.
(06:53:36)
Okay. Show you what's been previously marked as State's ID 62. Take a look at it. Tell me if you recognize it. If not, you have to open it up.
Dana Zuchetto (06:53:45):
I do not.
(06:53:45)
Yes, I recognize it.
Lawyer (06:53:45):
All right. Your name and label?
Dana Zuchetto (06:54:17):
Yes.
Lawyer (06:54:17):
Same or substantially similar condition?
Dana Zuchetto (06:54:19):
Yes.
Lawyer (06:54:20):
At this time, Your Honor, I request to move into evidence State's ID 62 and State 62.
Judge (06:54:25):
All right. What is it, supposedly?
Lawyer (06:54:26):
It's batches that were in the bag.
Judge (06:54:28):
All right. So you're objecting on the same basis?
Lawyer (06:54:32):
Yes. Correct.
Judge (06:54:33):
All right. Overruled. It's admitted.
Lawyer (06:54:35):
I'm going to show you State 63. Take a look at it. Tell me if you recognize it. I need you to do the same.
Dana Zuchetto (06:54:54):
All right.
Lawyer (06:54:54):
State 63.
Dana Zuchetto (06:54:54):
Yes, I recognize it.
Lawyer (06:54:54):
All right. Substantially similar condition?
Dana Zuchetto (06:54:54):
Yes.
Lawyer (06:54:55):
All right. Your Honor, at this time, I'd request to move into evidence State's ID 63 is State's 63 is two flashlights, black bag.
Judge (06:55:02):
All right then. Same objection, same ruling. It's admitted.
Lawyer (06:55:06):
Show you the-
Speaker 23 (06:55:06):
A different objection, your Honor.
Judge (06:55:12):
If it's something other than the search warrant.
Lawyer (06:55:16):
State's ID 64. Take a look. Tell me if you recognize it.
Dana Zuchetto (06:55:21):
Yes, I recognize it.
Lawyer (06:55:22):
All right. Your label?
Dana Zuchetto (06:55:23):
Yes.
Lawyer (06:55:24):
All right. Same or substantial, similar condition?
Dana Zuchetto (06:55:26):
Yes.
Lawyer (06:55:27):
All right, Your Honor, at this time I request to move into evidence State's ID 64 and State's 64.
Judge (06:55:31):
All right. Over the same objection, it's admitted.
Lawyer (06:55:34):
All right. I'm going to show you State's ID 65. Take a look at that. Tell me if you recognize your name on that.
Dana Zuchetto (06:55:40):
Yes, I recognize it.
Lawyer (06:55:40):
How do you recognize it?
Dana Zuchetto (06:55:44):
Has my evidence label with signature and payroll, and then the evidence tape has my initials, payroll, and the date I sealed it.
Lawyer (06:55:51):
All right. Same or substantial similar condition?
Dana Zuchetto (06:55:54):
Yes, sir.
Lawyer (06:55:54):
All right. At this time, I request we evidence State's ID 65 into State's 65.
Judge (06:55:59):
All right. Over the defense objection, it's admitted.
Lawyer (06:56:01):
Request to publish too, Your Honor.
Judge (06:56:03):
You may publish them all.
Lawyer (06:56:04):
All right. For the record, that is a mini crowbar. Is that also found in the bag?
Dana Zuchetto (06:56:04):
Yes.
Defendant (06:56:04):
Let me see that. Okay. Oh, sorry. [inaudible 06:57:42].
Lawyer (06:56:04):
Oh.
Defendant (06:56:04):
Okay.
Lawyer (06:57:47):
Show you what's been previously marked as State's ID 71. Take a look at it. Tell me if you recognize it.
Dana Zuchetto (06:57:54):
Yes, I recognize it.
Lawyer (06:57:55):
All right, and label?
Dana Zuchetto (06:57:57):
Yes.
Lawyer (06:57:57):
Your name?
Dana Zuchetto (06:57:58):
Yes.
Lawyer (06:57:58):
Same or substantial or similar condition?
Dana Zuchetto (06:58:00):
Yes.
Lawyer (06:58:01):
All right, Your Honor, at this time I would request to move into evidence State's ID 71 into State's 71.
Judge (06:58:06):
All right. Over the objection of the defense, it's admitted.
Lawyer (06:58:09):
Okay. Permission to publish?
Judge (06:58:11):
You may.
Lawyer (06:58:11):
Okay. Roll the duct tape for the record. I'm going to walk over to the table. I'm going to leave you with State's ID 66 and State's ID 67. Take a look at those. If you can't recognize the label, you can go ahead and look. Recognize that?
Dana Zuchetto (06:59:16):
Yes.
Lawyer (06:59:16):
All right. Your label?
Dana Zuchetto (06:59:18):
Yes.
Lawyer (06:59:18):
Your name?
Dana Zuchetto (06:59:19):
Yes.
Lawyer (06:59:19):
Same or substantially similar?
Dana Zuchetto (06:59:21):
Yes.
Lawyer (06:59:22):
All right. Your Honor, at this time, I request into evidence State's ID 66 and State 66.
Judge (06:59:27):
Over the defense objection, they're admitted. All right.
Lawyer (06:59:30):
What's the description of the label?
Dana Zuchetto (06:59:31):
It is two plastic brass knuckles, black bag, item 316.
Lawyer (06:59:36):
Okay. Your Honor, permission to publish?
Dana Zuchetto (06:59:37):
You may.
Lawyer (07:00:18):
I'm going to show you State's ID 67, if you recognize it. If you don't, you can open it and a find a label.
Dana Zuchetto (07:02:41):
Yes, sir, I recognize this.
Lawyer (07:02:42):
All Right. Same or substantially similar condition as to what you packaged?
Dana Zuchetto (07:03:08):
Yes.
Lawyer (07:03:08):
And it's a label that you made and it's your label?
Dana Zuchetto (07:03:08):
Yes.
Lawyer (07:03:08):
Your Honor, at this time I request to move into evidence State's ID 67 into State's 67.
Dana Zuchetto (07:03:08):
All right. Over the defense objection, it's admitted.
Lawyer (07:03:08):
And what does the label say that that is?
Dana Zuchetto (07:03:08):
Stun gun black bag item 316.
Lawyer (07:03:08):
Okay. We've got permission to publish, Your Honor?
Judge Joseph Bulone (07:03:08):
Yes.
Lawyer (07:03:08):
I'll first show you State's ID 73. Take a look at it. Tell me if you recognize it. If not, feel free to open it.
Dana Zuchetto (07:03:08):
I don't recognize it. I recognize this, yes.
Lawyer (07:03:08):
Okay. Is that your name on it?
Dana Zuchetto (07:03:08):
Yes.
Lawyer (07:03:08):
Same or substantially similar condition as to when you packaged it?
Dana Zuchetto (07:03:09):
Yes.
Lawyer (07:03:10):
All right. And what's the description on the label?
Dana Zuchetto (07:03:12):
Polish passport belonging to Tomasz Kosowski, black bag item 316.
Lawyer (07:03:17):
Okay. So we've got that State's Exhibit 73 for identification purposes. I'm requesting to move it in as State's 73 and request to publish it, Your Honor.
Judge Joseph Bulone (07:03:27):
All right. Over the defense objection, it's admitted. You may publish.
Dana Zuchetto (07:03:29):
Okay. Let me actually open this one. It's a Polish passport. [inaudible 07:03:54]
Lawyer (07:03:54):
74, recognize it?
Dana Zuchetto (07:04:17):
No.
Lawyer (07:04:17):
All right. Feel free to open it up and see if you can see your label in there.
Dana Zuchetto (07:04:39):
Yes, I recognize this.
Lawyer (07:04:40):
Okay. It's got your label on it?
Dana Zuchetto (07:04:41):
Yes.
Lawyer (07:04:41):
Your initials?
Dana Zuchetto (07:04:41):
Yes.
Lawyer (07:04:43):
All Right. Same or substantially similar in condition as to when you packaged it?
Dana Zuchetto (07:04:46):
Yes.
Lawyer (07:04:47):
Your Honor, at this time I'd request to move in evidence State's ID 74 into State's 74.
Dana Zuchetto (07:04:51):
All right. Over the objection of the defense, it's admitted. You may publish if you want.
Lawyer (07:04:55):
Okay. Thank you, Your Honor. Before we publish, what's the description of this?
Dana Zuchetto (07:05:03):
Passport book belonging to Tomasz Kosowski, black bag, item 316.
Judge Joseph Bulone (07:05:17):
Is 73 his mother's passport?
Lawyer (07:05:19):
No, it's his.
Dana Zuchetto (07:05:19):
It was his.
Judge Joseph Bulone (07:05:19):
Oh, it's his. Okay, sorry.
Lawyer (07:05:44):
State's ID 76. Take a look at that.
Dana Zuchetto (07:05:51):
I do not recognize it.
Lawyer (07:06:13):
Yes, please.
Dana Zuchetto (07:06:14):
Okay. Yes, I recognize it.
Lawyer (07:06:15):
Okay. And how do you recognize it?
Dana Zuchetto (07:06:16):
It has two of my evidence labels on there with my signature and payroll, and then the evidence tape has my initials, payroll, and date.
Lawyer (07:06:25):
Same or substantially similar condition as to when you packaged it?
Dana Zuchetto (07:06:28):
Yes, sir.
Lawyer (07:06:29):
Your Honor, at this time I request to move into evidence State's ID 76 in this State's 76.
Judge Joseph Bulone (07:06:34):
All right. Over the defense objection, it's admitted. You may publish if you want.
Lawyer (07:06:39):
Okay. And you can publish. What's the description of it?
Dana Zuchetto (07:06:45):
So one of the labels is law enforcement patches, black bag item 316. The other label is plastic bags containing miscellaneous patches, Velcro strips, and stickers. Black bag item 316. I'll put it here.
Lawyer (07:06:59):
Yeah.
Dana Zuchetto (07:06:59):
Is that okay? So it has this Velcro strip and then this bag with some patches. These three.
Lawyer (07:07:40):
And for the record, what are those patches look like?
Dana Zuchetto (07:07:58):
One looks like a first aid type. One is a Nike, and I honestly don't know what this one is. A flag maybe. In this bag, there is a Pinellas County Sheriff's Office patch, a Clearwater Police patch, Shoot Straight stickers, and then more of just Velcro patches.
Lawyer (07:09:02):
So was there also cash found in that bag?
Dana Zuchetto (07:09:23):
Yes. I don't believe so, no. There was a bag that had a $10,000 money, like the seal that goes around the money, but I don't believe that there was any money in the actual bag itself.
Lawyer (07:09:36):
Okay. I'm going to show you State's ID 75. Take a look at it. Tell me if you recognize it.
Dana Zuchetto (07:09:39):
No. Will I open it?
Lawyer (07:09:39):
Please do.
Dana Zuchetto (07:09:39):
Yes, I recognize this.
Lawyer (07:10:03):
And how do you recognize it?
Dana Zuchetto (07:10:04):
It has my evidence label with signature payroll and then evidence tape has my initials, payroll, and date that I sealed it.
Lawyer (07:10:10):
Same or substantially similar conditions to this package?
Dana Zuchetto (07:10:12):
Yes, sir.
Lawyer (07:10:13):
All right. Your Honor, at this time I request to move into evidence State's ID 75 into State's 75.
Judge Joseph Bulone (07:10:19):
Over the objection of the defense, it's admitted and you may publish if you want.
Lawyer (07:10:23):
Okay. And what is the description?
Dana Zuchetto (07:10:24):
Checkbooks belonging to Tomasz Kosowski, black bag, item 316.
Lawyer (07:11:07):
And there was another bag in the car, right, with personal effects in, like credit cards?
Dana Zuchetto (07:11:11):
Yes.
Lawyer (07:11:11):
That was on the passenger seat?
Dana Zuchetto (07:11:11):
Yes.
Lawyer (07:11:51):
I'm going to show you State's ID 70. Take a look at this. Tell me if you recognize it.
Dana Zuchetto (07:11:53):
Yes, I recognize it.
Lawyer (07:12:01):
And how do you recognize it?
Dana Zuchetto (07:12:01):
It has my evidence label with my signature payroll and the evidence tape has my initials, payroll, and the date I sealed it.
Lawyer (07:12:09):
Same or substantially similar condition?
Dana Zuchetto (07:12:10):
Yes, sir.
Lawyer (07:12:11):
Also found in the black bag?
Dana Zuchetto (07:12:12):
Yes, sir.
Lawyer (07:12:15):
At this time I request to move into evidence State's ID 70 and State's 70.
Judge Joseph Bulone (07:12:18):
All right. Over the objection of the defense, it's admitted. Request to publish if you want.
Dana Zuchetto (07:12:22):
This is the unopened Garmin GPS black bag item 316. Oh, sorry. I'm showing you the bags. Your Honor?
Judge Joseph Bulone (07:13:07):
Yes.
Dana Zuchetto (07:13:07):
I was showing you the bags. Sorry.
Lawyer (07:13:20):
Okay. State's Exhibit 77 for ID. Take a look at that. Tell me if you recognize that.
Dana Zuchetto (07:13:22):
Yes, I do.
Lawyer (07:13:27):
And how do you recognize that?
Dana Zuchetto (07:13:29):
Has my evidence label with signature payroll and then the evidence tape has my initials payroll and the date I sealed it.
Lawyer (07:13:35):
Okay. Now was that actually found in a black bag?
Dana Zuchetto (07:13:38):
This was found in the gray bag.
Lawyer (07:13:40):
All right. Was the gray bag also in the trunk?
Dana Zuchetto (07:13:52):
Yes. This specific one that we're talking about was in the trunk, yes.
Lawyer (07:13:56):
And so I forgot to ask, this was in the same or substantially similar conditions to when you packaged it?
Dana Zuchetto (07:14:02):
Yes, sir.
Lawyer (07:14:03):
All right. At this time I request to move into evidence State's ID 77 into State's 77 and request to publish.
Judge Joseph Bulone (07:14:11):
It is admitted over the objection of the defense. You may publish.
Lawyer (07:14:15):
And what does the label say it is?
Dana Zuchetto (07:14:18):
GPS tracker in magnetic box, gray bag item 394.
Lawyer (07:14:22):
Okay. So the Garmin is a GPS unit to follow directions and this is a GPS tracker?
Dana Zuchetto (07:14:31):
Correct.
Lawyer (07:15:05):
So these items right here were all in the duffle bag in the passport floorboard?
Dana Zuchetto (07:15:10):
Minus the one in your hand, yes.
Lawyer (07:15:13):
Okay. So we have checkbook, passport, succinylcholine with a needle. We've got tasers, brass knuckles, duct tape. It's all in the bag in the floorboard?
Dana Zuchetto (07:15:26):
Correct. All of that is in the bag in the floorboard.
Lawyer (07:15:28):
Now, let's go back to the rest of the column. Show you first, State's Exhibit Identification 69. Please take a look at this. Tell me if you recognize it, Your Honor.
Dana Zuchetto (07:16:09):
Yes, I recognize it.
Lawyer (07:16:13):
What do you recognize on that?
Dana Zuchetto (07:16:14):
It has my evidence label with signature and payroll, and then the evidence tape has my initials, payroll and date I sealed it.
Lawyer (07:16:22):
Okay. Same or substantially similar condition as to when you packaged it?
Dana Zuchetto (07:16:25):
Yes, sir.
Lawyer (07:16:26):
And what does it purport to be on the label?
Dana Zuchetto (07:16:27):
It is the license plate frame flipper.
Lawyer (07:16:30):
Okay. Your Honor, at this time I request move into evidence State's ID 69 into State's 69.
Judge Joseph Bulone (07:16:37):
All right. Over the objection of the defense, it's admitted.
Lawyer (07:16:39):
And request to publish.
Judge Joseph Bulone (07:16:40):
You may.
Lawyer (07:17:41):
Did you take that off the back of the Corolla?
Dana Zuchetto (07:17:41):
Yes.
Judge Joseph Bulone (07:17:41):
[inaudible 07:17:42]
Lawyer (07:17:41):
And then I'm going to show you State's ID 80. Take a look at that.
Dana Zuchetto (07:17:46):
May I open it?
Lawyer (07:18:07):
Yes. Do you recognize that?
Dana Zuchetto (07:18:08):
I recognize this, yes.
Lawyer (07:18:09):
Is that your labeling?
Dana Zuchetto (07:18:10):
Yes.
Lawyer (07:18:11):
Hang on. So same or substantially similar conditions to when you packaged it?
Dana Zuchetto (07:18:14):
Yes, sir.
Lawyer (07:18:15):
Your Honor, at this time I'd request to move into evidence State's ID 80 into State's 80.
Judge Joseph Bulone (07:18:20):
Over the defense objection, it's admitted. You may publish if you want.
Lawyer (07:18:23):
And what is that?
Dana Zuchetto (07:18:25):
It's remote for license plate frame flipper center console.
Lawyer (07:18:34):
Okay. And is that represented right there in the picture?
Dana Zuchetto (07:18:34):
Yes, sir.
Lawyer (07:18:34):
All right. On the left, is that how you found the license plate flipper wire running through the trunk like that?
Dana Zuchetto (07:18:39):
Yes.
Lawyer (07:19:07):
Was the wire actually picked up between this device in the front on the car?
Dana Zuchetto (07:19:10):
I believe it was, yes. I would have photos of it though.
Lawyer (07:19:15):
Then I'm going to show you what's been previously marked as State's ID 68 for identification purposes. Take a look at that and tell me if you recognize it.
Dana Zuchetto (07:19:23):
Yes, I do.
Lawyer (07:19:23):
All right. And how do you recognize that?
Dana Zuchetto (07:19:27):
Has my evidence label with my signature and payroll, and then the evidence tape has my initials, payroll and date.
Lawyer (07:19:32):
Same or substantially similar information?
Dana Zuchetto (07:19:32):
Yes, sir.
Lawyer (07:19:38):
Your Honor, at this time, I request to move into evidence State's ID 68 into State's 68.
Dana Zuchetto (07:19:41):
Over the objection of the defense, it's admitted.
Lawyer (07:19:52):
And that's the plate you took off the Corolla right there?
Dana Zuchetto (07:19:54):
That's correct, yes.
Lawyer (07:19:55):
Is that still with the plate flipping device still affixed to the Corolla?
Dana Zuchetto (07:19:58):
That's correct, yes.
Lawyer (07:20:21):
Now, when you processed the Corolla, we obviously seen the bag, saw the electric bike, saw the gas can. Did you continue going down further into the Corolla's trunk?
Dana Zuchetto (07:20:31):
Yes.
Lawyer (07:20:32):
All right. Did you take the actual trunk mat off? It looks like there was a mat that said Corolla on it.
Dana Zuchetto (07:20:36):
Yes.
Lawyer (07:20:36):
All right. And then where the spare tire would typically be placed, what did you find in there?
Dana Zuchetto (07:20:42):
There was black bags.
Lawyer (07:20:44):
Okay. Did you collect those?
Dana Zuchetto (07:20:45):
Yes.
Lawyer (07:20:47):
I'm going to present to you State's Exhibit ID 78. Take a look at State's Exhibit ID 78. Tell me if you recognize it.
Dana Zuchetto (07:20:56):
Yes, I do.
Lawyer (07:20:57):
And what is it?
Dana Zuchetto (07:20:58):
It is black trash bags trunk.
Lawyer (07:21:02):
Okay. And those are the same trash bags that you collected from this Corolla?
Dana Zuchetto (07:21:07):
Yes.
Lawyer (07:21:07):
All right. Your Honor, at this time, I request to move into evidence State's ID 78 into State's 78, and request to publish to Your Honor.
Judge Joseph Bulone (07:21:15):
All right. Over the objection of the defense, it's admitted. You may publish.
Lawyer (07:21:17):
[inaudible 07:21:56] the size of the trash bag?
Dana Zuchetto (07:21:17):
Yeah. [inaudible 07:22:09]
Lawyer (07:22:31):
Do you have any idea of the capacity of those trash bags or just... Okay.
Dana Zuchetto (07:22:32):
I do not know.
Lawyer (07:22:32):
[inaudible 07:22:33] We've got a picture up right now. I can't remember [inaudible 07:22:38] None of us can't. Let's see. S2DSC0029.jpg. What are we looking at there?
Dana Zuchetto (07:22:48):
That is a photograph of these trash bags.
Lawyer (07:22:51):
Okay. And that's where they're located in the... Is that the spare tire well... what would be the spare tire well in the car?
Dana Zuchetto (07:22:58):
Yes, sir.
Tomasz Kosowski (07:22:58):
Before we move on, you mentioned something about capacity. How tall are you, Mr. Vonderheide?
Lawyer (07:23:06):
I don't know what you're suggesting.
Judge Joseph Bulone (07:23:08):
I don't know if he really has to answer that question. Do you have a legal issue you'd like to bring up?
Tomasz Kosowski (07:23:12):
Well, I mean, capacity, they're obviously hinting that you could probably hide a body in there, right? So I mean, can you step into the trash bag for us?
Judge Joseph Bulone (07:23:21):
Okay. Well, the answer was no, that she doesn't know what the capacity is, so we move on after that.
Tomasz Kosowski (07:23:27):
Okay.
Judge Joseph Bulone (07:23:28):
All right. So he may have been hinting at something, but he didn't get an answer as to what the capacity is.
Lawyer (07:23:34):
Maybe we'll do that later.
Tomasz Kosowski (07:23:36):
Okay.
Lawyer (07:24:07):
[inaudible 07:23:41] And Specialist Luth, typically when you buy trash bags in the store, the capacity is gallons, right?
Dana Zuchetto (07:24:14):
Yes.
Lawyer (07:24:15):
Okay. It's not usually size of a human person, right?
Dana Zuchetto (07:24:19):
That's correct.
Lawyer (07:24:38):
I have nothing further for the witness, and I will pass the witness to Dr. Kosowski.
Judge Joseph Bulone (07:24:43):
All right. Do you have any cross-examination of this witness?
Tomasz Kosowski (07:24:45):
No, Your Honor.
Judge Joseph Bulone (07:24:46):
All right. Thank you, ma'am. You may step down.
Dana Zuchetto (07:24:53):
State, please call your next witness.
Ms. Spadaro (07:24:54):
Your Honor, the state of Florida would call Forensic Specialist Hook.
Judge Joseph Bulone (07:25:09):
Was she known as another name before also? No, I don't see her on the itinerary.
Ms. Spadaro (07:25:17):
Oh, Your Honor, she wasn't originally on the list.
Judge Joseph Bulone (07:25:17):
Okay. All right.
Lawyer (07:25:19):
She's a last minute add.
Ms. Spadaro (07:25:20):
We did inform Dr. Kosowski at the last break that we added her.
Judge Joseph Bulone (07:25:23):
Okay.
Ms. Spadaro (07:25:23):
She had been on the witness list [inaudible 07:25:26].
Judge Joseph Bulone (07:25:25):
Okay.
Judge (07:25:27):
This way please. Stand next to me, please.
Speaker 24 (07:25:27):
Please raise your right hand.
Speaker 25 (07:25:40):
Do you solemnly swear the testimony you're about to give will be the truth, the whole truth, and nothing but the truth, so help you God?
Katherine Hook (07:25:44):
Yes, I do.
Judge (07:25:45):
Right over here, ma'am. Make yourself comfortable in the seats. [inaudible 07:25:58].
Katherine Hook (07:25:57):
Thank you.
Judge Joseph Bulone (07:25:57):
Good afternoon, ma'am.
Katherine Hook (07:25:57):
Good afternoon.
Judge Joseph Bulone (07:25:57):
You may inquire, Ms. Spadaro.
Ms. Spadaro (07:25:58):
Thank you, Your Honor. Good afternoon.
Katherine Hook (07:26:00):
Good afternoon.
Ms. Spadaro (07:26:01):
Will you please introduce yourself and spell your full name for the record?
Katherine Hook (07:26:03):
My name is Katherine Hook. It's K-A-T-H-E-R-I-N-E H-O-O-K.
Ms. Spadaro (07:26:10):
Okay. And where do you work?
Katherine Hook (07:26:12):
The Pinellas County Sheriff's Office.
Ms. Spadaro (07:26:14):
How long have you worked there?
Katherine Hook (07:26:15):
26 years.
Ms. Spadaro (07:26:16):
And what is your current role?
Katherine Hook (07:26:18):
I'm a forensic science specialist.
Ms. Spadaro (07:26:20):
And has that been your role the entire time you've been there?
Katherine Hook (07:26:23):
No, that's been since 2002.
Ms. Spadaro (07:26:26):
And can you walk the court through your educational background and training to become a forensic specialist?
Katherine Hook (07:26:31):
In March of 2002, I began the Forensic Sciences Academy at the Pinellas County Sheriff's Office. During the classroom portion, I was taught subjects such as photography, latent print, fingerprint processing, evidence collection. I then began a portion of the training where I was assigned to senior specialists within our section. I responded to crime scenes with them. While I processed them, I was observed and tested throughout that period to ensure that I was adhering to our agency's policies and procedures. During my time in the forensic science section, I've completed 40 forensics related workshops or classes, and then I am also required to pass an annual proficiency test.
Ms. Spadaro (07:27:20):
Okay. And are you up to date on your proficiency test?
Katherine Hook (07:27:23):
Yes, I am.
Ms. Spadaro (07:27:24):
And have you passed it?
Katherine Hook (07:27:25):
Yes, I did.
Ms. Spadaro (07:27:26):
I want to bring you to March 21st of 2023. Were you working in this capacity back then?
Katherine Hook (07:27:32):
Yes.
Ms. Spadaro (07:27:33):
And on that day, did you respond to 1501 Belcher Road South in Largo, Florida to process or help process a crime scene?
Katherine Hook (07:27:40):
I responded to that address on March 22nd.
Ms. Spadaro (07:27:44):
Okay. I apologize. I'm sorry, I misspoke. March 22nd?
Katherine Hook (07:27:48):
Yes.
Ms. Spadaro (07:27:49):
Okay. So do you remember what time you got there?
Katherine Hook (07:27:51):
At 7:18 in the morning.
Ms. Spadaro (07:27:52):
Okay. And had other forensic specialists been there prior to you?
Katherine Hook (07:27:57):
Yes.
Ms. Spadaro (07:27:57):
And when you arrived, did you arrive in a forensic specialist van?
Katherine Hook (07:28:02):
Yes, I did.
Ms. Spadaro (07:28:03):
Were there other vans there prior to you?
Katherine Hook (07:28:05):
Yes, there were.
Ms. Spadaro (07:28:06):
And other law enforcement vehicles in the parking lot?
Katherine Hook (07:28:09):
Yes.
Ms. Spadaro (07:28:09):
All that could be seen from Belcher Road?
Katherine Hook (07:28:11):
Correct.
Ms. Spadaro (07:28:12):
Okay. Now, when you arrived, what was your role? Where were you processing?
Katherine Hook (07:28:17):
The men's bathroom.
Ms. Spadaro (07:28:18):
Okay. And specifically, what did you do with the men's bathroom?
Katherine Hook (07:28:23):
I processed for fingerprints. I swabbed an area of possible blood on the floor in the stall and I swabbed some items for possible DNA, and I also photographed shoe prints that were found on the bathroom stall floor, and I photographed the luminol after it was applied to the inside of the bathroom.
Ms. Spadaro (07:28:48):
Okay. So I want to break all that down. So you said that you did some fingerprint lifts?
Katherine Hook (07:28:55):
Processing.
Ms. Spadaro (07:28:55):
Processing?
Katherine Hook (07:28:56):
Yes.
Ms. Spadaro (07:28:57):
Okay. Anything of value revealed?
Katherine Hook (07:29:00):
I did lift fingerprints off of the exterior men's bathroom door and pattern lifts off the exterior men's bathroom door and doorframe. Everything I processed inside the bathroom, I did not obtain rich detail or fingerprint lifts.
Ms. Spadaro (07:29:15):
Okay. And it's a public restroom for the most part, right? It's a communal restroom, I should say.
Katherine Hook (07:29:20):
Yes.
Ms. Spadaro (07:29:20):
Okay. Now, you also mentioned that you had processed some items for potential DNA. What items did you process?
Katherine Hook (07:29:28):
There was a Drano bottle underneath the sink in the bathroom as well as a bottle of soft soap.
Ms. Spadaro (07:29:35):
Okay. And is it your job to determine what swabs go to the Pinellas County Forensic Laboratory for testing?
Katherine Hook (07:29:41):
No, it isn't.
Ms. Spadaro (07:29:41):
Okay. So you're just collecting and preserving any possible evidence to help process this crime scene, is that fair?
Katherine Hook (07:29:47):
Yes.
Ms. Spadaro (07:29:48):
Okay. And you also mentioned that you took a swab from the floor for potential blood, correct?
Katherine Hook (07:29:53):
Yes.
Ms. Spadaro (07:29:53):
Did you run that swab through phenolphthalein testing?
Katherine Hook (07:29:57):
Yes, I did.
Ms. Spadaro (07:29:58):
And we've heard a lot about it today, so I'm not going to If you go through it, but three-step process, right?
Katherine Hook (07:30:02):
Correct.
Ms. Spadaro (07:30:03):
And was it presumptive positive for blood?
Katherine Hook (07:30:06):
Yes, it was.
Ms. Spadaro (07:30:06):
And again, not your job to determine if that swab actually made it to the Pinellas County Forensic Laboratory, but you found a blood swab or a potential blood swab?
Katherine Hook (07:30:14):
Correct.
Ms. Spadaro (07:30:14):
Okay. Now, were you present when luminol testing was done in the restroom?
Katherine Hook (07:30:20):
Yes, I was.
Ms. Spadaro (07:30:22):
And did you take photographs of anything that lit up or was illuminating?
Katherine Hook (07:30:28):
Yes, I did.
Ms. Spadaro (07:30:28):
Okay. And were there many spots in the bathroom that had illuminated as a result of the luminol testing?
Katherine Hook (07:30:33):
Yes.
Ms. Spadaro (07:30:33):
Okay. May I approach the court?
Judge Joseph Bulone (07:30:44):
You may.
Ms. Spadaro (07:30:44):
[inaudible 07:30:45] will be marked 106 for identification. [inaudible 07:30:50]
Tomasz Kosowski (07:30:54):
I'm sorry, shoes? Of whom?
Ms. Spadaro (07:30:55):
[inaudible 07:30:58]
Tomasz Kosowski (07:31:01):
Okay.
Ms. Spadaro (07:31:01):
May I approach the witness?
Judge Joseph Bulone (07:31:01):
You may.
Ms. Spadaro (07:31:05):
All right. I'm handing you what's been pre-marked as 106. Do you recognize this?
Katherine Hook (07:31:09):
Yes, I do.
Ms. Spadaro (07:31:09):
Did you review that disc?
Katherine Hook (07:31:11):
Yes, I did.
Ms. Spadaro (07:31:12):
And are those the photos that you took while you were on scene on the 22nd of March?
Katherine Hook (07:31:15):
Yes.
Ms. Spadaro (07:31:16):
Okay. Fair and accurate depiction of the photos you took back then?
Katherine Hook (07:31:19):
Yes.
Ms. Spadaro (07:31:20):
And how the scene looked back then?
Katherine Hook (07:31:21):
Yes.
Ms. Spadaro (07:31:21):
At this time, State would offer into evidence what's been pre-marked as State's 106 for identification as State's 106.
Judge Joseph Bulone (07:31:26):
All right. Any objection?
Tomasz Kosowski (07:31:30):
Yes.
Judge Joseph Bulone (07:31:30):
All right. Abundance of caution objection.
Tomasz Kosowski (07:31:32):
Yes.
Judge Joseph Bulone (07:31:33):
All right. Overruled. It's admitted.
Ms. Spadaro (07:31:35):
May I publish?
Judge Joseph Bulone (07:31:36):
You may.
Ms. Spadaro (07:31:36):
Thank you. All right. So I'm just going to put on the record, this is G-DSC_0015.jpg. Sorry, I was slowing down for the court reporter. What are we looking at here?
Katherine Hook (07:32:34):
This is the bathroom floor in the men's bathroom, the stall area, and that's the toilet with brown paper on top of it.
Ms. Spadaro (07:32:42):
Now, prior to the luminol being sprayed on the floor, were there spots that were red in color and looked like it could have been possible blood?
Katherine Hook (07:32:49):
Yes.
Ms. Spadaro (07:32:50):
Was there also spots in the bathroom that looked like things had been cleaned up, like the paint on the walls had been stripped and things like that?
Katherine Hook (07:32:58):
There was damage to the bathroom wall inside the stall.
Ms. Spadaro (07:33:02):
Can luminol make something illuminate based on maybe cleaning product sometimes?
Katherine Hook (07:33:08):
Yes.
Ms. Spadaro (07:33:08):
But can it also illuminate if there's possible presence of blood?
Katherine Hook (07:33:12):
Yes, it does.
Ms. Spadaro (07:33:13):
Okay. So lit up pretty much a lot on the bathroom floor?
Katherine Hook (07:33:17):
Yes.
Ms. Spadaro (07:33:18):
All right. We can go to the next one. All right. So G-DSC_0016.jpg, what are we looking at here?
Katherine Hook (07:33:32):
That's the inside of the bathroom stall.
Ms. Spadaro (07:33:35):
All right. So we see a lot of luminescence on the wall, right? But do we see any up here where that handle is?
Katherine Hook (07:33:44):
Yes.
Ms. Spadaro (07:33:44):
Okay. All right. And this is G-DSC_0017. Are we also seeing some bright color on that handle here?
Katherine Hook (07:33:58):
Yes.
Ms. Spadaro (07:33:59):
Okay. All right. What are we looking at here on G-DSC_0018?
Katherine Hook (07:34:10):
This is the floor in the stall. This would be from me standing outside of the stall looking into the stall.
Ms. Spadaro (07:34:19):
All right. So we see a lot of luminescence on the floor again, right?
Katherine Hook (07:34:23):
Yes.
Ms. Spadaro (07:34:24):
And then do we also see some on the wall?
Katherine Hook (07:34:26):
Yes.
Ms. Spadaro (07:34:26):
And the baseboard?
Katherine Hook (07:34:27):
Yes.
Ms. Spadaro (07:34:32):
All right. Is this just kind of stepping back from where you were in the last photo?
Katherine Hook (07:34:35):
Correct.
Ms. Spadaro (07:34:36):
And for the record, that's G-DSC_0019.jpg. Do we see more luminescence leading out where the urinal is towards this wall over here?
Katherine Hook (07:34:46):
Yes.
Ms. Spadaro (07:34:47):
Okay. G-DSC_0020, what are we looking at?
Katherine Hook (07:34:56):
That is the interior of the stall door.
Ms. Spadaro (07:35:00):
All right. Lighting up pretty big?
Katherine Hook (07:35:01):
Yes.
Ms. Spadaro (07:35:02):
And then still, again, you see that on the floor?
Ms. Spadaro (07:35:00):
All right. Lighting up pretty big?
Speaker 26 (07:35:01):
Yes.
Ms. Spadaro (07:35:02):
And then still again, you see that on the floor?
Speaker 26 (07:35:04):
Yes.
Ms. Spadaro (07:35:09):
All right. G-DSC_0021.jpeg, what are we looking at here?
Speaker 26 (07:35:15):
This is the same view, but the bathroom stall door is closed.
Ms. Spadaro (07:35:19):
All right. So we're staring at the wall where the door leads out to the hallway. Is that right?
Speaker 26 (07:35:24):
Yes.
Ms. Spadaro (07:35:25):
All right. And are we seeing luminescence at the bottom close to the baseboard and at the bottom of that wall?
Speaker 26 (07:35:30):
Yes.
Ms. Spadaro (07:35:31):
All right. What are we looking at here?
Speaker 26 (07:35:38):
That is basically the same view that we just saw in the photo before.
Ms. Spadaro (07:35:43):
Now the door that leads out to the hallway, there's some blue color pigmentation on it. Is that luminol or is that something else?
Speaker 26 (07:35:53):
I'm not sure because I didn't process that. I'm not sure if it's luminol or if it was processed with a different chemical.
Ms. Spadaro (07:36:00):
All right. So G-DSC_0023.jpeg. Now we have the bathroom stall closed again, right?
Speaker 26 (07:36:14):
Yes.
Ms. Spadaro (07:36:15):
Now you've stepped really kind of facing that door, right?
Speaker 26 (07:36:18):
Yes.
Ms. Spadaro (07:36:18):
And do we see luminescence here anywhere?
Speaker 26 (07:36:21):
Yes.
Ms. Spadaro (07:36:22):
Where specifically?
Speaker 26 (07:36:24):
Down at the bottom of the stall door. Yes.
Ms. Spadaro (07:36:28):
Here?
Speaker 26 (07:36:29):
Kind of below the hinges. Yes, that area.
Ms. Spadaro (07:36:31):
All right. Can you see any over here by where the handle is as well?
Speaker 26 (07:36:34):
Yes.
Ms. Spadaro (07:36:35):
All right. All right. What are we looking at in G-DSC_0024.jpeg?
Speaker 26 (07:36:45):
So this is the partition wall that separates the stall from the urinal, and that is the floor and the urinal.
Ms. Spadaro (07:36:53):
All right. Is there a drain on the floor right here?
Speaker 26 (07:36:55):
Yes.
Ms. Spadaro (07:36:56):
And kind of leading underneath that partition from where the bathroom stall is located, is it lighting up the blue wall?
Speaker 26 (07:37:03):
Yes.
Ms. Spadaro (07:37:04):
All right. And into the drain?
Speaker 26 (07:37:06):
Correct.
Ms. Spadaro (07:37:07):
Is there also luminescence underneath where the urinal is kind of to the right of the drain?
Speaker 26 (07:37:12):
Yes, there is.
Ms. Spadaro (07:37:21):
Okay. All right. What's this angle here that we're looking at?
Speaker 26 (07:37:24):
This is the vanity and the kitchen or the bathroom sink, pardon me. So on the left would be the urinal and then the partition wall, and then the other side would be the toilet. So the urinal would just be to the left of this photo.
Ms. Spadaro (07:37:40):
Is that the partition wall that separates the urinal from the vanity?
Speaker 26 (07:37:42):
Yes.
Ms. Spadaro (07:37:43):
All right. And do we see anything lighting up here?
Speaker 26 (07:37:46):
Yes, areas of the floor.
Ms. Spadaro (07:37:48):
All right. So are we looking at down here and then over here by the separating wall and the vanity?
Speaker 26 (07:37:54):
Yes.
Ms. Spadaro (07:37:55):
Okay. All right. What are we looking at here?
Speaker 26 (07:38:04):
This is the urinal in that wall that separates the urinal from the sink.
Ms. Spadaro (07:38:09):
Okay. And a lot of luminescent on the partition?
Speaker 26 (07:38:14):
Yes.
Ms. Spadaro (07:38:17):
Oh, sorry. Is there a little bit on the back wall as well by the urinal that's lighting up?
Speaker 26 (07:38:22):
Yes.
Ms. Spadaro (07:38:22):
Okay. All right. And G-DSC_0027, what are we looking at here?
Speaker 26 (07:38:31):
This is the main area of the bathroom floor. The urinal you can see off to the left, and then the sink would be off to the right. And then there's the bathroom door that's on the right-hand side of the photograph.
Ms. Spadaro (07:38:45):
All right. So more luminescence on the floor?
Speaker 26 (07:38:45):
Yes.
Ms. Spadaro (07:38:46):
Different areas?
Speaker 26 (07:38:48):
Yes.
Ms. Spadaro (07:38:52):
All right. And what is this?
Speaker 26 (07:38:54):
This is the interior of the men's bathroom door.
Ms. Spadaro (07:38:57):
Okay. And you had mentioned this wasn't luminol or it was?
Speaker 26 (07:39:02):
It was sprayed with luminol. I'm not sure if it was processed with a different chemical prior to that. I didn't do it, so I'm not sure.
Ms. Spadaro (07:39:10):
Okay. Regardless, right under the door on the floor, do we see more luminescence?
Speaker 26 (07:39:18):
Yes.
Ms. Spadaro (07:39:25):
Okay. All right. So you also mentioned that you had looked at shoe prints, correct? Potential.
Speaker 26 (07:39:32):
Yes. I photographed what appeared to be shoe prints.
Ms. Spadaro (07:39:34):
And that was in the bathroom?
Speaker 26 (07:39:35):
Yes.
Ms. Spadaro (07:39:36):
Did you also photograph anybody who had been in the bathroom prior to your arrival?
Speaker 26 (07:39:40):
Yes, I did.
Ms. Spadaro (07:39:41):
And the bottom of their shoes?
Speaker 26 (07:39:42):
Yes, I did.
Ms. Spadaro (07:39:43):
Did that include Michael Montgomery and two law enforcement officers?
Speaker 26 (07:39:46):
Yes.
Ms. Spadaro (07:39:46):
I don't think we need to publish that. May I have a moment to confer? I have no further questions. Thank you.
Speaker 26 (07:39:55):
Thank you.
Judge (07:39:56):
Any cross-examination?
Mr. Vonderheide (07:39:57):
No, Your Honor.
Judge (07:39:57):
All right. Thank you.
Speaker 26 (07:39:58):
Thank you.
Judge (07:39:59):
Ma'am, you may step down.
Speaker 26 (07:39:59):
Thank you.
Mr. Vonderheide (07:40:03):
Could we just have two minutes so I can tidy up the desk over here, and then we're going to call one more witness for today?
Judge (07:40:08):
Okay. We'll take a 10-minute break or until things are all tidied up.
Speaker 27 (07:40:12):
All rise. Court is in recess. 10 minutes.
Judge (07:53:01):
State, please call your next witness.
Mr. Vonderheide (07:53:03):
State calls John Sinni.
Speaker 27 (07:53:04):
Step this way, please.
Judge (07:53:04):
Stand right here next to me.
John Sinni (07:53:04):
Yes, sir.
Judge (07:53:04):
Raise your right hand.
Speaker 28 (07:53:36):
Do you solemnly swear the testimony you're about to give will be the truth, the whole truth, and nothing but the truth, so help you God?
John Sinni (07:53:40):
I do.
Judge (07:53:41):
Sir, come on over here. Watch your steps on up the stairs. Make yourself comfortable. You can adjust the mic. Be loud into the microphone.
John Sinni (07:53:46):
Thank you.
Judge (07:53:52):
Thank you. Good afternoon, sir.
John Sinni (07:53:53):
Good afternoon, sir.
Judge (07:53:54):
You may inquire, Mr. Lafondra.
Mr. Vonderheide (07:53:56):
Detective Sinni, can you please state your full name and spell your last name for the court reporter?
John Sinni (07:54:00):
Yes, it's John Sinni, J-O-H-N S-I-N-N-I.
Mr. Vonderheide (07:54:04):
Where are you presently employed?
John Sinni (07:54:06):
With the Largo Police Department.
Mr. Vonderheide (07:54:07):
How long have you been there?
John Sinni (07:54:09):
24 years.
Mr. Vonderheide (07:54:10):
All right. And in that 24 years, what's your current assignment?
John Sinni (07:54:15):
I'm sorry?
Mr. Vonderheide (07:54:15):
What's your current assignment?
John Sinni (07:54:17):
I'm a detective with the property crimes within the Investigative Services Division.
Mr. Vonderheide (07:54:21):
Okay. How long have you been doing that?
John Sinni (07:54:23):
Since 2023.
Mr. Vonderheide (07:54:26):
Okay. So tell me back in March 21st of 2023, what was your assignment at Largo Police Department?
John Sinni (07:54:33):
I was doing that and I was doing fraud.
Mr. Vonderheide (07:54:37):
Okay. Were you tasked with a part of the investigation, which at first was the missing person case of Stephen Causey?
John Sinni (07:54:45):
So I kind of followed in on that on the second day, the morning of the second day of that.
Mr. Vonderheide (07:54:52):
And so what happened on the morning of the second day? What were you tasked to do?
John Sinni (07:54:56):
So when I came into work, I was kind of brought up to speed on what was going on, and I was informed that somebody had already made a request of PSTA to get a video, and I reached out to PSTA to confirm that the video was ready, and then I sent an officer out to collect that video.
Mr. Vonderheide (07:55:15):
Okay. Now, did you have a hand in reviewing other video along the way?
John Sinni (07:55:22):
Yes. When that video came back, it was on a CD, so when that came back, I was able to sit down with Detective Weeden and go over the footage on the video.
Mr. Vonderheide (07:55:33):
Okay. Now, what were you looking for on the PSTA video as it relates to your investigation?
John Sinni (07:55:38):
So again, I had been given a rundown on what we were talking about had happened, and I was informed that there was a Toyota Tundra that had been involved that was kind of a vehicle of interest. And so we were specifically kind of looking for that. And when I reviewed the video, that Tundra did show up on the PSTA video.
Mr. Vonderheide (07:56:01):
All right. What did you notice about that Toyota Tundra and that PSTA video?
John Sinni (07:56:05):
It was a dark gray Tundra, and there were some unique features to the truck. And when you start looking at them in detail, the taillights were unique for a lot of Tundras. There was having the reverse light in the center of the taillight lens as opposed to most of the trucks that I was looking for had the reverse light on the bottom of the lens, and that had the unique decals on the front and back of the truck and the TRD Pro. Later on, that became something of interest because come to find out, they weren't factory.
Mr. Vonderheide (07:56:43):
Okay. What wasn't factory?
John Sinni (07:56:44):
The stickers.
Mr. Vonderheide (07:56:45):
The stickers.
John Sinni (07:56:45):
Yeah.
Mr. Vonderheide (07:56:46):
All right. So did you get to view this footage?
John Sinni (07:56:50):
I did.
Mr. Vonderheide (07:56:50):
All right. And in that footage, what did you observe in the bed of that pickup truck?
John Sinni (07:56:55):
So that pickup truck had what appeared to be a dark or gray colored gorilla cart with a red or orange blanket over basically filling the top of that cart.
Mr. Vonderheide (07:57:11):
Okay. And you were able to see that from the PSTA surveillance video?
John Sinni (07:57:12):
Very clearly, yes.
Mr. Vonderheide (07:57:13):
Was the PSTA bus able to keep up with that Toyota Tundra?
John Sinni (07:57:18):
For a little bit, but they kept making stops. So the PSTA bus actually went by the target location ahead of the truck leaving. So the truck ended up catching up with the PSTA bus, and then by the time it got to the area of Gulf to Bay on Belcher Road, the truck started leaving the bus behind.
Mr. Vonderheide (07:57:40):
Okay. So you and the rest of Largo Police Department detectives who are tasked with this investigation, where do you go from there?
John Sinni (07:57:50):
So honestly, it just came down to... Obviously we know that this is kind of a vehicle of interest, so we need to figure out where that vehicle went. And it just came down to trying to track down video surveillance footage from every business or residence that we could find to help us try and follow the vehicle, essentially.
Mr. Vonderheide (07:58:10):
All right. So were you all tasked with basically walking up and down the street, asking people if they have surveillance footage?
John Sinni (07:58:17):
Kind of. We got the drive for most of it, but yes. Initially, I think that they had already gotten some videos from the scene, the area of the scene. So by the time we got to the point where we started doing this tracking of the vehicle, initially it started off with myself, Detective Weeden, and Detective Wagner, and we just kind of started trying to go down Belcher Road and just see what we could find and essentially just review video and see where this vehicle went.
Mr. Vonderheide (07:58:50):
Okay. So as far as what you were able to locate as surveillance video, what did you find and where?
John Sinni (07:58:57):
So knowing that this vehicle was traveling north on Belcher Road, I'm also familiar that Clearwater PD has a Flock camera in that vicinity as well as some red light cameras. And so I attempted to look up and research Flock to see if I could get a hit. However, that didn't yield a result. So I had reached out to someone at Clearwater Police Department and asked for some assistance with the red light cameras. That didn't pan out either because you would have to trigger the red light.
(07:59:26)
However, that person I reached out to in Clearwater, Lieutenant Spitaleri, he was able to provide me with a selection of photos that were not necessarily tag related, but they were a selection of screenshots from that Flock camera. And sure enough, you could see... The Flock camera didn't hit on the way I searched it was with the vehicle description because it was kind of hidden by the bus, the PSTA bus we're speaking of. It blocked it, so I wasn't able to get a tag for that truck from that camera at that point.
Mr. Vonderheide (08:00:01):
All right. And at some point, does Belcher split off? There's two ways to go on it.
John Sinni (08:00:04):
It does. It splits off up by Countryside Boulevard. And so at that point, the three of us kind of decided we need to figure out one go one way, one go the other way. And I went down Countryside Boulevard and the first major business that you get to at that point was Chick-fil-A. So I stopped there and asked the manager to help me review the video footage based on the time and distance that we were anticipating, and they allowed that. And so we went through it and it was very clear, sharp video footage, and it was very easy to say that that vehicle did not go that way.
Mr. Vonderheide (08:00:41):
Okay. So you were able to review it and you did not see that TRD Pro Tundra drive by?
John Sinni (08:00:43):
Definitely not.
Mr. Vonderheide (08:00:44):
All right. So where did you go from there?
John Sinni (08:00:46):
So I reached back out to Detective Wagner and tried to catch up and see where he was at and pick up where we left off going up Belcher Road. And eventually, I think the next stop for me was Cox Heating and Air on Belcher Road. And I did stop in there and I met with the manager there, reviewed some of that video and did see a vehicle that matched the description. And the time and distance seemed to be accurate. However, at that moment, the manager said he'd have to reach out to his IT department to get a copy of that footage, so it wasn't immediately pulled.
Mr. Vonderheide (08:01:23):
Okay. Now what about, did you go to Sutherland Elementary after that?
John Sinni (08:01:26):
Yes. Eventually it made it all the way up to Sutherland Elementary and I met up with Detective Allred, who was already on scene and asked me to take a look at the video footage that he found. And I looked at that and I said, "Yes, that looks exactly like the vehicle." And when we did another time and distance, I don't recall specifically the time that it passed there, but it made sense at that moment.
Mr. Vonderheide (08:01:52):
Okay. Did you get information that there was another Flock hit in Tarpon Springs?
John Sinni (08:01:57):
I did. I was also notified by Detective Gay, who said that a Flock hit that she had found up, I believe it's up in the vicinity of Klosterman Road. Don't quote me on that. I'm not exactly sure, but then she ended up identifying that vehicle bearing a New Jersey tag.
Mr. Vonderheide (08:02:14):
Okay. And does that kind of narrow the scope for you now to start looking in other directions?
John Sinni (08:02:20):
Yes. Yes, it does.
Mr. Vonderheide (08:02:22):
Where'd you go from there?
John Sinni (08:02:23):
Well, it started becoming, at this point, information started coming out. Again, I wasn't privy to the first day, but information started coming out that there had been some conversations about the victim or the missing person at that point having had an issue with a court case involving a plastic surgeon where there was some animosity or something going between them, which initially I didn't buy into it. I'm like, "It doesn't make sense to me. We need to just keep following the evidence essentially."
Mr. Vonderheide (08:02:58):
Okay. And did you keep doing that?
John Sinni (08:03:00):
We did. All
Mr. Vonderheide (08:03:01):
Right. Did you go to any residences in Tarpon Springs?
John Sinni (08:03:04):
Yeah. So toward the end of this day, we kind of met up in that vicinity of Klosterman Road and we were trying to just see if there's other video footage. But once we were in Tarpon and we realized that Mr. Kazowski had a residence in Tarpon, we were kind of like, "Okay, there's a lot of residential area between here and that location where he resided." So we thought, well, maybe we should just skip all the stuff in between and just go to that neighborhood and that way we could either rule him in or rule him out and see if the truck even went there or if we're just barking up the wrong tree, you know what I mean, at that point? So I did. I went to that neighborhood and I sat... If you leave that neighborhood where his home is located as you're leaving, the first major intersection there, I think it's... I'd have to refer to my... Is that okay if I refer for the address?
Mr. Vonderheide (08:04:01):
Yes.
John Sinni (08:04:14):
Yeah. So I sat at a residence adjacent to 1700 Grand Central Drive, it looks like, and that was the first major intersection. If you're leaving that neighborhood when I was looking at it on Google Maps, it looks like it's a one way in, one way out neighborhood, and that would've been the first and only intersection as he's leaving his residence. So I parked there and I kind of just sat there waiting to see if I could see a Tundra go by, essentially.
Mr. Vonderheide (08:04:43):
Okay. Did you at some point in that, while you were sitting on the side of the road, make a photo pack?
John Sinni (08:04:47):
I did. I did. I was notified by, again, I believe it was Detective Gay, that they were with a female that they thought may be able to do an identity for a photo pack. So at that moment I decided, while I'm sitting there, everybody else was busy, I would take that opportunity to jump on my computer and create a photo pack and send it back to the printer at the police department and that way they could get that and conduct the photo pack.
Mr. Vonderheide (08:05:20):
All right. So you created a photo pack and you printed it at the PD, you were nowhere near the police department at that point?
John Sinni (08:05:24):
No, I was not.
Mr. Vonderheide (08:05:25):
Somebody else administered that photo pack?
John Sinni (08:05:27):
Yes.
Mr. Vonderheide (08:05:28):
All right. And did you put Dr. Kozowski's picture in that photo pack?
John Sinni (08:05:31):
I did.
Mr. Vonderheide (08:05:33):
Okay. All right. Let's talk about 1704 Grand Central Drive. Did you go to a residence there?
John Sinni (08:05:39):
I did.
Mr. Vonderheide (08:05:40):
Okay. Who'd you meet with? Do you remember?
John Sinni (08:05:41):
The homeowner there, I think it was Mr... again, I'd have to refer the last name, Maciantonio. I might have ruined that, but...
Mr. Vonderheide (08:06:00):
No, I think it's a good pronunciation of his name. He was here yesterday. Did he have surveillance?
John Sinni (08:06:05):
He did.
Mr. Vonderheide (08:06:06):
Did he let you use it?
John Sinni (08:06:08):
He did.
Mr. Vonderheide (08:06:08):
All right. What was going on with that? Was the time right, the date right?
John Sinni (08:06:13):
It was definitely not right. It appeared to be kind of an antiquated system where right off the... Whenever I go to get video from someplace, the first thing I'll do is confirm that the time that is current right then and there matches up with what's on the video surveillance footage. And in this case, it was way off. The date on it was like January 14th of the year 2000 and the time wasn't accurate either, so it was way off.
Mr. Vonderheide (08:06:41):
Were you able to backdate it just from when you walked up?
John Sinni (08:06:46):
No. Initially when I attempted to try and go back and review the footage, it would crash the system. And it did that a couple of times to the point where the way I was attempting to go back, it became obvious that I wasn't going to be able to do it the standard way. So it was one of those, okay, I just got to back the system up manually. Essentially, we were there essentially 48 hours after what we were looking for. So I just manually kind of backed up the system those 48 hours and started looking from roughly like 11 o'clock and just kind of high speed looking through the video footage. And yes, eventually was able to find that same vehicle passed by with the same wagon, with the same blanket inside.
Mr. Vonderheide (08:07:32):
Okay. Now that location there at Grand Central Drive, that's in the direction of 511 Seaview?
John Sinni (08:07:38):
Yes. It is on the street past that intersection I previously spoke of heading toward Mr. Kozowski's residence.
Mr. Vonderheide (08:07:45):
Were you able to capture a recording from that surveillance system?
John Sinni (08:07:49):
I was.
Mr. Vonderheide (08:07:49):
Okay. You put that into evidence?
John Sinni (08:07:50):
I did.
Mr. Vonderheide (08:07:51):
All right. Now let's talk about, did you find out later on that Detective Compton had found video surveillance at Dr. Kozowski's neighbor's house?
John Sinni (08:07:59):
I did. Matter of fact, as I was finally able to get this thing to copy the footage, I received word that he had found some footage also that was next door.
Mr. Vonderheide (08:08:11):
Okay. And so at that point you got a pretty narrow scope for maybe where you should focus your investigation, right?
John Sinni (08:08:17):
Yes.
Mr. Vonderheide (08:08:18):
All right. And so the efforts of your team of detectives had followed this Toyota Tundra TRD Pro from 1501 Belcher basically to 511 Seaview Drive?
John Sinni (08:08:29):
Yes.
Mr. Vonderheide (08:08:30):
All right. So did members of your agency and detectives in your office and your police department, did they put together a search warrant?
John Sinni (08:08:40):
They did the following day. The end of that day that you're speaking of, we met up, we put our heads together and decided this is something we probably should pick up the following morning after we've gotten all of our heads together and make a plan.
Mr. Vonderheide (08:08:59):
Okay. And the search warrant was signed what, later on, on the 23rd?
John Sinni (08:09:05):
Yes. Yes. It was initiated kind of midday and it was a process with a new system that took a while. And yes, eventually that evening, I couldn't tell you the time, what time we actually had Tarpon Springs out there to serve the warrant, but it was-
Mr. Vonderheide (08:09:22):
Well, let me ask you that. Jurisdictionally, could you serve the search warrant as Largo PD in Tarpon Springs?
John Sinni (08:09:27):
No.
Mr. Vonderheide (08:09:28):
Okay. Who had to serve the search warrant?
John Sinni (08:09:31):
Tarpon Springs Police Department.
Mr. Vonderheide (08:09:32):
Did the sheriff's office assist them as well?
John Sinni (08:09:34):
They did. Their forensics unit was out there assisting.
Mr. Vonderheide (08:09:37):
Okay. Were you there just in case maybe Tarpon Springs had some questions as it relates to evidence they may want to see?
John Sinni (08:09:43):
I was.
Mr. Vonderheide (08:09:44):
All right. And were you well aware that you could not seize or touch anything at that search warrant?
John Sinni (08:09:49):
I was well aware, yes.
Mr. Vonderheide (08:09:50):
Okay. Were you made well aware of that by Ms. Spidaro?
John Sinni (08:09:53):
I certainly was. Numerous times.
Mr. Vonderheide (08:09:55):
Okay. So it was very clear that Tarpon Springs and Pinellas County Sheriff's Office were the ones that were doing the seizure at the house at 5:11?
John Sinni (08:10:03):
Absolutely.
Mr. Vonderheide (08:10:00):
... office were the ones that were doing the seizure at the house at 511C?
John Sinni (08:10:02):
Absolutely.
Mr. Vonderheide (08:10:04):
Okay. Were you there for how long at the house, do you recall?
John Sinni (08:10:08):
Hours.
Mr. Vonderheide (08:10:09):
Hours, okay.
John Sinni (08:10:09):
Hours, yeah.
Mr. Vonderheide (08:10:12):
Were you in the garage when luminol was applied to the garage floor?
John Sinni (08:10:15):
I was.
Dr. Kosowski (08:10:15):
Object to the testimony of this witness. Observations are included in the motions to suppress.
Judge Joseph Bulone (08:10:20):
All right. It's overruled.
Mr. Vonderheide (08:10:21):
Okay. So you were in the garage when the luminol was-
John Sinni (08:10:25):
I was.
Mr. Vonderheide (08:10:26):
... used? Okay. And you didn't seize anything throughout the course of that search warrant?
John Sinni (08:10:30):
I personally did not seize anything.
Mr. Vonderheide (08:10:32):
Okay. You were there to observe Tarpon and Pinellas-
John Sinni (08:10:34):
Yes.
Mr. Vonderheide (08:10:34):
... county Sheriff's Office seize things, though?
John Sinni (08:10:36):
Yes.
Mr. Vonderheide (08:10:42):
Okay. Was there a Gorilla cart inside that residence?
John Sinni (08:10:44):
There was.
Mr. Vonderheide (08:10:45):
Okay. And was it a different color than the one that you had observed on all of the surveillance footage heading north from 1501 Belcher?
John Sinni (08:10:52):
Yes. The unique thing about this, it had a yellow trim on that one that was in the garage, and it would've been obvious if that was the one in there. And it certainly was not the same cart.
Mr. Vonderheide (08:11:02):
Okay. So the yellow trim, we've seen pictures of it. We've seen some of the videos so far. You would be able to tell the yellow trim in the surveillance footage that you saw?
John Sinni (08:11:09):
Yes.
Mr. Vonderheide (08:11:13):
Okay. All right. So let's go on further in the investigation. There was a Toyota Tundra found in the garage of that house, right?
John Sinni (08:11:18):
Yes. The Tarpon Springs team that went in to secure the building at that moment, they opened up the doors once they got the building secured, and there was the rear of a Toyota Tundra in that garage bay to the north when they opened up the door.
Mr. Vonderheide (08:11:40):
Okay. Now, was that, were you able to determine whether that truck was registered or not?
John Sinni (08:11:44):
Again, at this point, I wasn't in the building with them, in the residence, so I was able to observe the tag.
(08:11:54)
And I did take the opportunity to go back to my car and run the tag, and that tag did not come back to the vehicle. It actually came back to someone who was registered in our database as deceased.
Mr. Vonderheide (08:12:07):
Okay. So it was not registered to that Toyota Tundra?
John Sinni (08:12:10):
Correct.
Dr. Kosowski (08:12:10):
What is this?
Mr. Vonderheide (08:12:10):
[inaudible 08:12:15]
Dr. Kosowski (08:12:10):
Okay.
Mr. Vonderheide (08:12:23):
Your Honor, at this time I request to move into evidence State's ID 107 and is State's 107. It is a official sealed document from the Florida Department of Highway Motor Vehicles, DHSMV, related to the VIN number, the Toyota Tundra not being registered in its registration history-
Judge Joseph Bulone (08:12:41):
Okay. All right.
Mr. Vonderheide (08:12:41):
... 902.
Judge Joseph Bulone (08:12:42):
Any objection?
Dr. Kosowski (08:12:44):
Yes, Your Honor.
Judge Joseph Bulone (08:12:45):
All right. It's overruled.
Mr. Vonderheide (08:12:46):
Okay.
Judge Joseph Bulone (08:12:49):
Any specific reason for your objection?
Dr. Kosowski (08:12:56):
No, just a general objection.
Judge Joseph Bulone (08:12:57):
Okay, just a general objection. All right. It's overruled.
Mr. Vonderheide (08:12:59):
Okay. So you confirmed that Dr. Kosowski had never registered that vehicle?
John Sinni (08:13:10):
That tag I confirmed was not on it.
(08:13:12)
And then at some point, I think I radioed into Detective Bolton and asked for him or someone to get the VIN number off the door jamb of the truck so that I could utilize that to also run that against our driver's license database system and to see what it is, or where it came from, that sort of thing.
Mr. Vonderheide (08:13:34):
Did you get a name for who, well, I guess who would've been the last registered owner of the vehicle?
John Sinni (08:13:38):
Yeah, the previous registered owner was listed as Marc Otto.
Mr. Vonderheide (08:13:43):
Okay. And you were able to reach out to him?
John Sinni (08:13:46):
I later did, yes.
Mr. Vonderheide (08:13:48):
Okay.
John Sinni (08:13:48):
Not that night, but eventually did.
Mr. Vonderheide (08:13:50):
Okay. And without telling me what he said, did you end up meeting with him and having conversations with him?
John Sinni (08:13:56):
I did eventually meet up with him. Yeah. The only other thing that came of that night, what I found interesting, is in the title, looking through the title paperwork on that driver's license database, this is something that not a lot of people I believe do. But when they do a private sale, Mr. Otto actually turned in paperwork as the seller to the DMV, which got uploaded to that system. And that document actually showed that the vehicle was sold. I believe it was for $25,000 on a specific date, and I don't recall the date, to Mr. Kosowski.
Mr. Vonderheide (08:14:35):
Okay. So Marc Otto did what he was supposed to do.
John Sinni (08:14:38):
He did.
Mr. Vonderheide (08:14:39):
He informed Tallahassee the truck was sold?
John Sinni (08:14:41):
Yes.
Mr. Vonderheide (08:14:43):
Okay. At some point in this investigation, do you end up traveling down to Miami?
John Sinni (08:14:47):
I did.
Mr. Vonderheide (08:14:48):
And why is that?
John Sinni (08:14:50):
So initially, again, can I refer back to the date?
Mr. Vonderheide (08:14:55):
For sure.
John Sinni (08:14:55):
Okay. So it was on the 27th of March-
Mr. Vonderheide (08:15:12):
Okay.
John Sinni (08:15:13):
... of that year. I came into work, and I was informed by Sergeant Vegenski that Miami-Dade Police Department was going to be assisting us by serving a warrant on a rental residence in Miami that Mr. Kosowski was listed as occupying.
Mr. Vonderheide (08:15:32):
All right. Let's back up a little bit. Had Dr. Kosowski been arrested in the interim between the search warrant of the house-
John Sinni (08:15:40):
Yes.
Mr. Vonderheide (08:15:41):
... and you going to Miami?
John Sinni (08:15:43):
Yes.
Mr. Vonderheide (08:15:44):
All right. Did you have anything to do with any of that interim period as it relates to his arrest?
John Sinni (08:15:48):
No, I did not.
Mr. Vonderheide (08:15:48):
All right. Anything to do with the Corolla that was seized by Tarpon Springs and turned over?
John Sinni (08:15:53):
No. Never saw it.
Mr. Vonderheide (08:15:54):
Okay. So you found out that Dr. Kosowski had a residence in Miami?
John Sinni (08:16:00):
Yes.
Mr. Vonderheide (08:16:00):
Were you present with the Miami... They might be part of the Sheriff's office now, but Miami-
John Sinni (08:16:06):
I think that part was the police department, Miami-
Mr. Vonderheide (08:16:09):
Okay. Miami-Dade PD?
John Sinni (08:16:09):
Dade PD, yeah.
Mr. Vonderheide (08:16:10):
And they served a search warrant on that residence?
John Sinni (08:16:12):
They did. I actually got down there in time to see their SWAT team enter the residence and secure it. And then we just kind of held it until Sergeant Vegenski arrived because I was working with very limited information at that moment.
(08:16:28)
And he arrived shortly thereafter, yeah, and then we were able to go in and have Miami-Dade Police Department do the search of the residence-
Mr. Vonderheide (08:16:38):
Okay.
John Sinni (08:16:38):
... along with their forensics person.
Mr. Vonderheide (08:16:41):
So you were out of jurisdiction, right, so Miami had to do it?
John Sinni (08:16:44):
A little bit, yeah.
Mr. Vonderheide (08:16:44):
Okay.
John Sinni (08:16:45):
Yeah.
Mr. Vonderheide (08:16:47):
Further out of jurisdiction than Tarpon Springs, right?
John Sinni (08:16:49):
Yes.
Mr. Vonderheide (08:16:50):
What did you observe inside of that residence? Anything of note?
John Sinni (08:16:54):
Well, it was kind of in disarray, and it almost didn't look like much of anybody had been living there. Not a lot of furniture, very empty, really, for someone who would've been living in it.
(08:17:09)
But I did notice, though, something that really stood out to me, is one of the rooms in the back looked like it had been freshly mopped. I mean, not a good mop job, but it would look like it had been freshly mopped.
(08:17:23)
And so when the forensics folks were there doing their processing, again, just one of those things that kind of picked it up from the Tarpon Springs one, right? We had the luminol on the floor. "Can you guys process the floor?" And we got nothing.
(08:17:39)
But then they processed the mop and got a reaction, so we did seize that mop.
Mr. Vonderheide (08:17:45):
Okay. Was there a Gorilla cart down there in Miami?
John Sinni (08:17:46):
There was.
Mr. Vonderheide (08:17:47):
What color was it?
John Sinni (08:17:48):
That one was red.
Mr. Vonderheide (08:17:49):
All right. Did you guys seize that?
John Sinni (08:17:51):
We did not. I requested it be photographed. Again, I didn't feel like that was the one that we were looking for because it would've been obvious. But they did photograph it, I believe.
Mr. Vonderheide (08:18:03):
Okay. Now let me ask you this. You're down in Miami. Did you go to some of the workplaces, some of the surgery offices that Dr. Kosowski worked at?
John Sinni (08:18:10):
I did. Yes, I did.
Mr. Vonderheide (08:18:11):
All right. Tell me where you went.
John Sinni (08:18:13):
The first one I stopped at was at Kendall Surgery Center. And again, I believe that was Detective Bolton that had notified me that that was a place that he had, Mr. Kosowski had been employed.
(08:18:28)
Mind you, I wasn't at the scene for the Corolla getting seized, but I did hear information of things that were recovered, and one of them being an injectable succinylcholine, I believe it's called. And so, that was something that we had already done some background on it, and discovered it could be used in surgical environments and stuff like that. So that was one of the things on my mind.
(08:18:49)
So when we got there, we kind of inquired with the manager that was on at the, that was working there at the time, and that was one of the first things I asked, if they utilized that medication, and if so, could I see where they keep it stored.
Mr. Vonderheide (08:19:04):
Okay. And did she allow you to go look for it?
John Sinni (08:19:08):
She did. She took me to like a little open area between the surgical rooms. And within that area, there was a countertop with a small, like a mini fridge on it, and inside that... And it wasn't a secured fridge, it was open to anybody that was passing by.
(08:19:28)
But you open that up, and there were two boxes of that succinylcholine in there. I believe one of them was sealed closed, and the other one had like four bottles, vials inside.
Mr. Vonderheide (08:19:41):
Okay.
John Sinni (08:19:42):
And the interesting thing is I was able to compare that with the information that was already taken off the one that was recovered from Mr. Kosowski's vehicle, and the lot number and the manufacturer both matched that box.
Mr. Vonderheide (08:19:55):
Okay. So that vial that was in his car in Tarpon Springs that was seized out of his car was from that box, from that Kendall Surgery Center?
John Sinni (08:20:04):
It appeared that way based on the information on the box and the bottles. Yeah.
Mr. Vonderheide (08:20:07):
Did you take some photos of that?
John Sinni (08:20:08):
I did.
Mr. Vonderheide (08:20:09):
May I approach the witness, Your Honor?
Judge Joseph Bulone (08:20:10):
You may.
John Sinni (08:20:10):
Okay.
Mr. Vonderheide (08:20:19):
I'm going to show you, it hasn't been marked yet, but the photographs. Recognize these?
John Sinni (08:20:23):
I do.
Mr. Vonderheide (08:20:25):
Fair and accurate depiction of the photographs you took in Miami?
John Sinni (08:20:27):
They are.
Mr. Vonderheide (08:20:28):
All right. Your Honor, at this time I would request to move into evidence. It's actually six photographs. The disc is freshly burnt here inside of the disc drive, and I would request to move them into evidence, whatever the next number is.
Speaker 29 (08:20:39):
108.
Mr. Vonderheide (08:20:43):
108?
Speaker 29 (08:20:43):
The disc?
Mr. Vonderheide (08:20:43):
Yes.
Speaker 29 (08:20:43):
Okay. 108, yes.
Judge Joseph Bulone (08:20:45):
All right. Any objection on this?
Dr. Kosowski (08:20:46):
Yes, Your Honor.
Judge Joseph Bulone (08:20:48):
All right. Any specific reason?
Dr. Kosowski (08:20:50):
Product search warrant.
Judge Joseph Bulone (08:20:51):
Okay. All right. It's overruled, and it's admitted.
Mr. Vonderheide (08:20:55):
Okay. And the request to publish, Your Honor?
Judge Joseph Bulone (08:20:57):
You may publish.
Mr. Vonderheide (08:21:02):
Now, when you said this was in a room there in the surgery center, did you have to be let back there, though, by the person that opened it?
John Sinni (08:21:11):
I couldn't tell you if it was secured with a lock, but we, Detective Bolton was with me, and we followed the office manager back there.
(08:21:21)
I don't recall her having to unlock anything. It seemed like it was just accessible easily.
Mr. Vonderheide (08:21:26):
It wasn't in the lobby, though, right?
John Sinni (08:21:27):
It was not in the lobby, no.
Mr. Vonderheide (08:21:29):
So it's in the back where the doctors have access-
John Sinni (08:21:33):
That's correct.
Mr. Vonderheide (08:21:33):
... the office workers have access.
John Sinni (08:21:33):
That's correct.
Mr. Vonderheide (08:21:33):
So you find this box, you open it up, and what did you do to confirm that it was from the same lot as in Tarpon Springs when it was seized?
John Sinni (08:21:43):
So somebody that previously had access to the photos that were taken from the car, the Corolla, had emailed me, I believe, a photo of the bottle that was recovered.
(08:21:56)
And I utilized that with the box because on the side of the box and the bottles, it also expresses a lot number on there, and that was a match.
Mr. Vonderheide (08:22:07):
Okay. All right. So you were able to confirm these numbers?
John Sinni (08:22:10):
Yes.
Mr. Vonderheide (08:22:11):
From-
John Sinni (08:22:12):
As well as the manufacturer, Somerset Therapeutics.
Mr. Vonderheide (08:22:19):
Now, did you seize any of these vials, or did you just leave them there at the surgery center?
John Sinni (08:22:24):
They were at the surgery center, and I left them there and photograph, after I photographed them.
Mr. Vonderheide (08:22:38):
Okay. And there's like three of them. [inaudible 08:22:34] All right. What we looking at here in this trash bin?
John Sinni (08:22:40):
That was a waste bin that was in the same room, and it was basically like one of those waste bins where you would throw some... You'd hit it and the top will spin and you could just drop stuff in.
(08:22:53)
And so I walked over, I took the lid off and I looked inside, and I saw what you're seeing there. And it is a bunch of discarded vials of medication, but it was apparent... The picture, I apologize for the picture is not very clear.
(08:23:09)
But when you're there in person, most of those vials were full, and several of them were the same medication and the same paralytic that we were speaking of.
Mr. Vonderheide (08:23:17):
Okay. Is that the trash can?
John Sinni (08:23:25):
Yes.
Mr. Vonderheide (08:23:25):
Okay. And was that stored in a fridge?
John Sinni (08:23:36):
It was, that same fridge right there.
Mr. Vonderheide (08:23:39):
Okay.
John Sinni (08:23:39):
Unsecured. There was no locking mechanism on it or anything.
Mr. Vonderheide (08:23:43):
All right. All right. Did you go to another employer of Dr. Kosowski down in South Florida?
John Sinni (08:23:48):
I did. After having left there, I went to a place called Evolution and went there and met initially with an office manager there, Victor Dupuy, I believe his name was. He was very hesitant to speak with me.
(08:24:05)
By this point, if my memory serves me correct, this information had gotten out to the media, and so he referred me to his attorney, his business attorney, who when I finally spoke with him, he had been expecting my call, it seems like. And so he wanted to kind of be the one to talk to me about whatever I was there to talk to him about.
Mr. Vonderheide (08:24:31):
Okay. Were you able to figure anything out about a work schedule for Dr. Kosowski when you were down there?
John Sinni (08:24:38):
Yeah, I was. I found out he had been just recently vetted for employment at that facility, and he had only seen recently one patient for a pre-op, and that was just a few days prior. They were scheduled the following Monday, which obviously that didn't happen for what thing, and there had been... Yeah, so he didn't make that appointment.
Mr. Vonderheide (08:25:07):
Okay. Because he was in custody?
John Sinni (08:25:09):
Yes.
Mr. Vonderheide (08:25:10):
Okay. All right.
(08:25:12)
So let's talk about Marc Otto. You talked to him in person?
John Sinni (08:25:16):
I did. From there, I drove up to Parkland, where Mr. Otto resides, and met with him in a Walmart parking lot.
(08:25:24)
At this point, I had talked to him extensively on the phone, and he was a little unnerved by this whole thing. And I don't think he even wanted the police at his house at that point, so he wanted to meet at a Walmart. And so I met there with him and discussed more details of that truck.
Mr. Vonderheide (08:25:41):
Okay. Now let's talk about a potential recovery operation. Were you a party to that?
John Sinni (08:25:48):
The recovery, yep.
Mr. Vonderheide (08:25:49):
It was a recovery operation for Mr. Cozzi in South Florida. It was a search. Were you a party to that at all, down in the Tampa trail?
John Sinni (08:25:59):
Oh, yeah, yeah, down in Naples, you're referring.
Mr. Vonderheide (08:25:59):
Yeah.
John Sinni (08:26:00):
Okay. Yeah, yeah, sorry.
Mr. Vonderheide (08:26:01):
No, you're good. Were you a party to that at all? Did you have anything to do with that?
John Sinni (08:26:05):
Yes.
Mr. Vonderheide (08:26:06):
All right. Tell me what your role was.
John Sinni (08:26:07):
So when I got contacted, there had already been members of our team down there looking in specific areas. I believe they had obtained some information. I'm not sure where it came from, but they were down there looking in a certain area.
(08:26:22)
And so then I was informed that the following day, the task at hand was going to be they had found information leading that we were going to be doing a search of the Collier County dump.
(08:26:35)
And so I wasn't fully informed at that point, but I was informed by Sergeant Vegenski that when I came down, the first thing he tasked me with doing is stopping by a set of grid coordinates that they had located. It might have been through Mr. Kosowski's phone.
(08:26:51)
So they provided me a set of grid coordinates. I punched those into Google, and I basically set directions on there to get there.
(08:26:58)
And then when I arrived, I ended up at the, it looks like the southern entrance to the Florida panther sanctuary down there. It's like a back gate to the facility off the highway.
Mr. Vonderheide (08:27:13):
Okay. Did you see anything remarkable at that location?
John Sinni (08:27:16):
No, actually the side of the road was littered with trash, and I tried my... I probably walked a half a mile each direction from that gate and nothing notable.
Mr. Vonderheide (08:27:23):
Okay. Did you end up at a landfill down there in Collier County?
John Sinni (08:27:29):
Yes, the following morning.
Mr. Vonderheide (08:27:30):
All right. So what morning was that, do you remember?
John Sinni (08:27:33):
Can I refer to-
Mr. Vonderheide (08:27:34):
Sure.
John Sinni (08:27:42):
I'm sorry. It would've been the morning of April 1st.
Mr. Vonderheide (08:27:44):
Okay. And how many days were you there?
John Sinni (08:27:47):
Two. I think totally we were there as a team, three, but I was there the first two.
Mr. Vonderheide (08:27:52):
Okay. Describe it.
John Sinni (08:27:54):
Oh, man. Disgusting. It's a massive facility, and it was hot. It stunk. The trash that is piled in there was full of everything from household trash to feces, medical waste, stuff that, I mean, I wouldn't even expect to see medical waste and needles.
(08:28:19)
And everything is ground down by some massive machinery, heavy machinery that is designed to crush and grind and plow this stuff into mountains.
(08:28:35)
And again, I don't know that without being there and seeing it that I could really even paint you a good picture of it.
Mr. Vonderheide (08:28:43):
Okay. Was there any success? Was Mr. Cozzi recovered from that location?
John Sinni (08:28:49):
He was not. We had high hopes initially because the information that led us there when we were talking to the staff, they reviewed some... They knew exactly what vehicle that we were talking about that we were looking for, that came in with what that we were looking for. And they said, "Okay, looking at their video system, we think this is where it got dumped at this time, and we have a good idea." Okay, great.
(08:29:15)
So then we hit that first thing in the morning before sun up and made our plan and started at it. But every time they would make a path of trying to... It was like pulling stuffing out of a pillow. They'd pull up a big load of debris to move it over for us to all look through. And as soon as they did that, the compression released, and then the stuff came up and filled its void, and it was relentless.
(08:29:44)
We did that for days, and we made a huge dent in that pile, in that mountain, but never came up with anything.
Mr. Vonderheide (08:29:53):
Okay. All right. Subsequent to that operation down there in South Florida, did you do some more work on the case? Did you measure some trash bags recently?
John Sinni (08:30:05):
I did.
Mr. Vonderheide (08:30:06):
All right. Were those trash bags had been located in the trunk of a Toyota Corolla?
John Sinni (08:30:10):
According to the documentation, yes.
Mr. Vonderheide (08:30:12):
Okay. You might not know the volume of the trash bag, but what was the length and width of those trash bags?
John Sinni (08:30:22):
Those bags were 44 inches tall with a 40-inch width at the top when you're stretching it out.
Mr. Vonderheide (08:30:30):
All right.
John Sinni (08:30:30):
And then I think it was like 10 to 12 inches at the bottom where it was cinched by design, the bag is.
(08:30:37)
And yeah, I don't know, for sure, what the volume was, but I think it was close to like 34 gallons. But don't quote me on that part.
Mr. Vonderheide (08:30:46):
Okay. I have no further questions for this witness, and I pass the witness to Dr. Kosowski.
Judge Joseph Bulone (08:30:54):
Okay. Any cross-examination of this witness?
Dr. Kosowski (08:30:57):
No, Your Honor.
Judge Joseph Bulone (08:31:00):
No? Okay. Thank you, sir.
John Sinni (08:31:00):
Thank you, sir.
Judge Joseph Bulone (08:31:04):
You can step down.
(08:31:04)
All right. So State, that's all your witnesses for today?
Mr. Vonderheide (08:31:08):
That is correct, Judge.
Judge Joseph Bulone (08:31:10):
All right. Pretty amazing job to finish right at five o'clock according to the courtroom clock.
(08:31:14)
All right. So tomorrow, if everyone can be ready at 9:15, we'll see if we can start on time. I think we will. All right. So we'll see you then.
Speaker 30 (08:31:25):
All rise. This court is adjourned for the day.
