Speaker 1 (00:00):
(silence)
Judge (01:01:36):
All right, so everyone is present. Anything we need to talk about before the state calls its next witness?
Speaker 2 (01:01:50):
No, Your Honor.
Judge (01:01:51):
All right. Defense? Anything we need to talk about before-
Tomasz Kosowski (01:01:55):
No, Your Honor.
Judge (01:01:55):
... the state calls its next witness? The state, please call your next witness.
Ms. Spadaro (01:01:59):
The state calls George Villanti.
Speaker 3 (01:02:00):
[inaudible 01:02:01] please.
Ms. Spadaro (01:02:00):
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?
George Villanti (01:02:39):
Yes.
Ms. Spadaro (01:02:39):
Thank you.
Judge (01:02:40):
Sir, come on over here. Good morning, sir.
George Villanti (01:02:58):
Good morning.
Judge (01:02:59):
Ms. Spadaro, you may inquire.
Ms. Spadaro (01:03:00):
Thank you, Your Honor. Good morning.
George Villanti (01:03:01):
Good morning.
Ms. Spadaro (01:03:02):
Will you please introduce yourself and spell your full name for the record?
George Villanti (01:03:05):
Sure. My name is George, G-E-O-R-G-E, Villanti, V-I-L-L-A-N-T-I.
Ms. Spadaro (01:03:14):
Okay. Mr. Villanti, are you employed?
George Villanti (01:03:15):
Yes, I am.
Ms. Spadaro (01:03:16):
Who are you employed with?
George Villanti (01:03:17):
Waste Management.
Ms. Spadaro (01:03:18):
Okay. And how long have you been employed with Waste Management?
George Villanti (01:03:22):
Since 2017.
Ms. Spadaro (01:03:24):
And where specifically have you been-
George Villanti (01:03:25):
In Naples, Florida.
Ms. Spadaro (01:03:27):
In Naples?
George Villanti (01:03:27):
Yeah, Naples, Collier County.
Ms. Spadaro (01:03:29):
So then since 2017, which means back in March of 2023, you were employed there as well?
George Villanti (01:03:34):
Yes.
Ms. Spadaro (01:03:35):
What was your title back then?
George Villanti (01:03:37):
I was just a driver.
Ms. Spadaro (01:03:38):
A driver?
George Villanti (01:03:39):
Yeah.
Ms. Spadaro (01:03:39):
Okay. And did you drive a front load?
George Villanti (01:03:41):
I did.
Ms. Spadaro (01:03:42):
So then what were your duties with that front load?
George Villanti (01:03:44):
I was to take the truck out, make sure it was operational and safe, and then I would go on my route, pick up my route, come home, make sure everything was good and done with the day.
Ms. Spadaro (01:03:56):
All right. And would your route include picking up different containers or dumpsters with garbage in them?
George Villanti (01:04:01):
Yes.
Ms. Spadaro (01:04:01):
And then what would you do after you picked up those containers?
George Villanti (01:04:04):
I would bring them to the landfill and I would empty the truck at the landfill.
Ms. Spadaro (01:04:09):
Which landfill was that?
George Villanti (01:04:10):
That was the Collier County landfill.
Ms. Spadaro (01:04:12):
All right. Now, you mentioned that you would follow your route. Did you have a specific route every week that you would take?
George Villanti (01:04:19):
Yes.
Ms. Spadaro (01:04:20):
And did it change every day?
George Villanti (01:04:21):
No.
Ms. Spadaro (01:04:22):
No?
George Villanti (01:04:23):
For the most part, no.
Ms. Spadaro (01:04:25):
What about Thursdays? Did you have a specific route on Thursdays?
George Villanti (01:04:28):
I did, yes.
Ms. Spadaro (01:04:29):
Can you tell us what that route was?
George Villanti (01:04:30):
I would go to Everglade City, do Everglade City, and then I would go up the East Trail all the way down to almost Dade County.
Ms. Spadaro (01:04:44):
All right. At any point on Thursdays, would you stop at a place called Monroe Station off the Tamiami Trail?
George Villanti (01:04:50):
Yes.
Ms. Spadaro (01:04:51):
And was there a dumpster that you would, or a container that you would pick up?
George Villanti (01:04:57):
Yes.
Ms. Spadaro (01:04:57):
Do you recall where specifically that's located?
George Villanti (01:05:01):
Yes. It's just outside the parking lot behind or next to some bushes.
Ms. Spadaro (01:05:09):
Okay. And is that on a specific road?
George Villanti (01:05:11):
It's off of 41.
Ms. Spadaro (01:05:12):
Off 41?
George Villanti (01:05:14):
Yeah.
Ms. Spadaro (01:05:14):
When you get off of 41... Is that also the Tamiami Trail?
George Villanti (01:05:17):
That is.
Ms. Spadaro (01:05:18):
When you get off 41 to go pick up that container, do you have to turn onto a dirt road?
George Villanti (01:05:23):
Yes.
Ms. Spadaro (01:05:23):
And what is that dirt road called?
George Villanti (01:05:25):
Loop Road.
Ms. Spadaro (01:05:25):
All right. What time of day would you typically get to the Monroe station to pick up that container on Thursday?
George Villanti (01:05:36):
Generally around 9:30, 10:30, somewhere in there.
Ms. Spadaro (01:05:41):
Is that in the morning?
George Villanti (01:05:42):
Yes.
Ms. Spadaro (01:05:42):
And are you familiar with what was typically located in that dumpster? Like what type of garbage?
George Villanti (01:05:50):
Oh, it was general trash from, say, it was a trailer park for people that rode dirt bikes and stuff like that, quads, and they would use the trash...
George Villanti (01:06:00):
Dirt bikes and stuff like that, quads, and they would use the trails. So they had their little trailers there, so whatever garbage they got out of the trailer and threw in there, paper plates, stuff like that.
Ms. Spadaro (01:06:11):
Just household [inaudible 01:06:12]?
George Villanti (01:06:12):
Yes. Yeah.
Ms. Spadaro (01:06:12):
Okay. And do you know what kind of bags you would typically pick up that would be in that container?
George Villanti (01:06:18):
Generally white kitchen bags.
Ms. Spadaro (01:06:22):
Okay. Now I want to go specifically back to March 23rd of 2023. But before we do that, I would like to request to take judicial notice that March 23, 2023 was in fact a Thursday. I'm not sure if there was an objection.
Judge (01:06:35):
All right. Any objection?
Tomasz Kosowski (01:06:37):
I'm sorry, that was what with Thursday?
Ms. Spadaro (01:06:39):
I'm requesting to take judicial notice that March 23rd, 2023 was in fact a Thursday.
Tomasz Kosowski (01:06:43):
Okay. I agree.
Judge (01:06:46):
All right. Everyone agrees it was a Thursday.
Ms. Spadaro (01:06:48):
All right. So since March 23rd, 2023 was a Thursday, did you make the stop at Monroe Station to pick up that container?
George Villanti (01:06:54):
I did.
Ms. Spadaro (01:06:54):
And do you recall what time that was on that day?
George Villanti (01:06:57):
It was in between say 9:30 and 10:30.
Ms. Spadaro (01:07:02):
In the morning?
George Villanti (01:07:02):
Yeah, approximately.
Ms. Spadaro (01:07:06):
How do you position your front load to load that container and then ultimately dump the garbage into the truck?
George Villanti (01:07:14):
Well, if the area's big enough, I like to just kind of drive right into it. Sometimes you have to pull up next to it and then back up, and go head first into it.
Ms. Spadaro (01:07:26):
Is it kind of a tech space?
George Villanti (01:07:28):
That particular area, not really tight, but no.
Ms. Spadaro (01:07:31):
If there's another car parked right where the dumpster is, is it hard to maneuver your truck to get back and get the dumpster into your truck?
George Villanti (01:07:40):
It would be in the way. Yeah.
Ms. Spadaro (01:07:42):
It would be in the way?
George Villanti (01:07:42):
Yeah.
Ms. Spadaro (01:07:43):
Okay. We'll get to that in a minute, why I'm asking that question. But before we do that, did that particular day, March 23rd, did that stand out to you in any way?
George Villanti (01:07:51):
No.
Ms. Spadaro (01:07:52):
Okay. Do you recall whether or not it had a particular smell when you picked up the dumpster?
George Villanti (01:07:59):
The can that you're talking about?
Ms. Spadaro (01:08:00):
Yeah.
George Villanti (01:08:01):
Yes.
Ms. Spadaro (01:08:01):
Okay. Tell us about that.
George Villanti (01:08:04):
I picked up the can, dumped it, got ready to leave, went to turn around. By the time I went to turn around, there was an odor that was taking the air out of the [inaudible 01:08:21] it was a really terrible smell coming from the garbage I had just picked up.
Ms. Spadaro (01:08:26):
Now you've worked in waste management since 2017.
George Villanti (01:08:28):
Yes.
Ms. Spadaro (01:08:30):
Are you a stranger to foul smells?
George Villanti (01:08:32):
No.
Ms. Spadaro (01:08:33):
But was this day different?
George Villanti (01:08:35):
Oh, yes. Yes.
Ms. Spadaro (01:08:37):
All right. Have you ever picked up containers with dead animals inside?
George Villanti (01:08:43):
Oh, yes, I have.
Ms. Spadaro (01:08:45):
Okay. And did it smell different than that?
George Villanti (01:08:46):
Yes.
Ms. Spadaro (01:08:46):
Okay. Did you eventually speak to law enforcement about this?
George Villanti (01:08:53):
I did.
Ms. Spadaro (01:08:54):
And do you recall how you described the smell to them?
George Villanti (01:08:57):
Yes, I do.
Ms. Spadaro (01:08:58):
Okay. Did you use expletives?
George Villanti (01:09:00):
I did.
Ms. Spadaro (01:09:00):
Because of how overwhelming it was?
George Villanti (01:09:02):
Yes. There was no other way to describe it.
Ms. Spadaro (01:09:04):
And how did you describe it?
George Villanti (01:09:05):
I said it was fucking vile.
Ms. Spadaro (01:09:08):
Did that smell linger throughout the day?
George Villanti (01:09:10):
I couldn't get rid of it.
Ms. Spadaro (01:09:12):
All right.
George Villanti (01:09:12):
As long as I tried to get rid of it, I could not get rid of it.
Ms. Spadaro (01:09:15):
Did you try?
George Villanti (01:09:16):
It stuck with me.
Ms. Spadaro (01:09:17):
Did you try to get rid of it?
George Villanti (01:09:18):
Yes. I compacted the garbages. When you compact it, the garbage goes underneath, you push it back and it goes underneath. And usually if you have a can that doesn't smell good, you just do that, and it gets covered up. For some reason, I couldn't get rid of the smell. It attached itself to me and I had it with me all day. Even though I had buried that can underneath, I couldn't stop smelling it.
Ms. Spadaro (01:09:47):
So your front load, where the garbage gets dumped, you're saying that you have something that compresses the garbage?
George Villanti (01:09:54):
Yeah, there's a hopper and then there's a blade, and it just pushes everything back and under.
Ms. Spadaro (01:10:01):
And how often throughout the day on a normal day do you compress it?
George Villanti (01:10:05):
I compact the garbage maybe 200 plus times a day.
Ms. Spadaro (01:10:10):
Did you do it more this day because of how bad it smelled?
George Villanti (01:10:16):
Probably.
Ms. Spadaro (01:10:19):
Okay. Did your front load have video footage?
George Villanti (01:10:23):
It did.
Ms. Spadaro (01:10:23):
And where was that located on the truck?
George Villanti (01:10:25):
Out the windshield.
Ms. Spadaro (01:10:26):
Okay. And was there one that captures the containers getting loaded into the back?
George Villanti (01:10:31):
There is, yes.
Ms. Spadaro (01:10:31):
May I approach the clerk?
Judge (01:10:31):
You may.
Ms. Spadaro (01:10:32):
Showing defense this is pre-marked as State's 117 for identification. May I approach?
Judge (01:10:32):
You may.
Ms. Spadaro (01:10:39):
Okay. Mr. Villanti, I'm showing you this is pre-marked as State 117 for identification. Do you recognize this?
George Villanti (01:10:52):
I do.
Ms. Spadaro (01:10:53):
And what is it?
George Villanti (01:10:54):
It's a video of the truck.
Ms. Spadaro (01:10:55):
Okay. Are there multiple videos on there?
George Villanti (01:10:56):
There is.
Ms. Spadaro (01:10:56):
And is that depicting the container that was dumped at Monroe Station on March 23rd, 2023?
George Villanti (01:11:03):
Yes, it is.
Ms. Spadaro (01:11:05):
Is there also a photograph on that desk?
George Villanti (01:11:07):
There is.
Ms. Spadaro (01:11:07):
And what does that capture?
George Villanti (01:11:09):
The trash inside the hopper.
Ms. Spadaro (01:11:14):
Okay.
George Villanti (01:11:14):
Yeah.
Ms. Spadaro (01:11:14):
So the actual container?
George Villanti (01:11:14):
Yeah.
Ms. Spadaro (01:11:15):
All right. And does this fairly and accurately depict what it looked like back on that date?
George Villanti (01:11:20):
Yeah.
Ms. Spadaro (01:11:20):
At this time, the state would offer into evidence what's been pre-marked as 117 for identification as 117.
Judge (01:11:25):
All right. Any objection?
Tomasz Kosowski (01:11:26):
No, Your Honor.
Judge (01:11:27):
Thank you. It's admitted.
Ms. Spadaro (01:11:30):
Thank you, Your Honor. Permission to publish.
Judge (01:11:30):
You may.
Ms. Spadaro (01:11:33):
Now, before we watch the video, Mr. Villanti, I want to talk about the photograph that was taken from the front of your truck. So what is that?
George Villanti (01:11:43):
That's the container you're talking about.
Ms. Spadaro (01:11:45):
At Monroe Station?
George Villanti (01:11:46):
Yes.
Ms. Spadaro (01:11:47):
All right. So before we move on to the video of you dumping that container into your truck, I would like to ask permission for the witness to step down.
Judge (01:11:54):
You may.
Ms. Spadaro (01:11:54):
Okay. So if you could just come over here and stand by the screen. And Your Honor, for this, I would also ask maybe to dim the lights. Might help Your Honor see better.
Judge (01:12:04):
All right.
Ms. Spadaro (01:12:05):
If that's okay? When he gets over here.
George Villanti (01:12:08):
You want me there by the screen?
Ms. Spadaro (01:12:11):
Yeah. So before we play the video, you mentioned that normally it's white garbage bags that are in that container. Okay. And I'm just going to move this microphone as much as I can so that you can be heard. On this day, was it different?
George Villanti (01:12:24):
Yes.
Ms. Spadaro (01:12:25):
What kind of garbage bags?
George Villanti (01:12:26):
It was big black bags
Ms. Spadaro (01:12:29):
Big black bags?
George Villanti (01:12:29):
Big like construction bags almost.
Ms. Spadaro (01:12:31):
Big construction bags. Okay. So let's go ahead and play the video. And I also want you to point out for the court, if you could just step back a little bit so that he can see. If you could point out, if you notice something that is dumped that looks unique from normal dumping of [inaudible 01:12:47].
George Villanti (01:12:46):
[inaudible 01:12:47]. You can see that bag was light.
Ms. Spadaro (01:13:03):
It was light?
George Villanti (01:13:03):
Which is normal [inaudible 01:13:06], and then these other bags, you can see [inaudible 01:13:09] fall, has weight in it. Excuse me.
Ms. Spadaro (01:13:13):
The other bags you were talking about have weight in them?
George Villanti (01:13:18):
Yeah, they're heavy.
Ms. Spadaro (01:13:18):
And it fell different?
George Villanti (01:13:18):
Yeah.
Ms. Spadaro (01:13:20):
All right. So is there a slowed down version of this video that you reviewed?
George Villanti (01:13:55):
Yeah.
Ms. Spadaro (01:13:57):
Okay. [inaudible 01:13:56]. You kind of saw it just now. What were you noticing?
George Villanti (01:13:59):
The weight on the bags, they were heavy.
Ms. Spadaro (01:14:01):
The weight on the bags were heavy?
George Villanti (01:14:04):
Yeah. This one [inaudible 01:14:14]. You can tell this one's light.
Ms. Spadaro (01:14:21):
You can tell.
George Villanti (01:14:21):
The other one's [inaudible 01:14:22].
Ms. Spadaro (01:14:21):
You can tell the one on the far left of the screen was lighter?
George Villanti (01:14:23):
Yes.
Ms. Spadaro (01:14:24):
Okay. And you said that you could tell that the one that kind of in the middle of the screen was heavy?
George Villanti (01:14:27):
Yeah. [inaudible 01:14:28].
Ms. Spadaro (01:14:28):
Okay. You can have a seat. Thank you.
George Villanti (01:14:30):
Thank you.
Ms. Spadaro (01:14:49):
Now you mentioned that you would then dump the garbage from your truck in the Collier County landfill. Is that right?
George Villanti (01:15:02):
That's right.
Ms. Spadaro (01:15:05):
Is there a specific spot at that landfill that you go to to dump every single day?
George Villanti (01:15:06):
The spot changes, but when you go there, there is a specific spot.
Ms. Spadaro (01:15:06):
Okay. And does that get logged in any way?
George Villanti (01:15:10):
The spot?
Ms. Spadaro (01:15:12):
To your knowledge.
George Villanti (01:15:13):
Not that I'm aware of.
Ms. Spadaro (01:15:14):
Would that be something maybe someone from the landfill would dump?
George Villanti (01:15:16):
Right.
Ms. Spadaro (01:15:18):
Okay. And eventually, did they locate that spot or law enforcement locate that spot where you dumped that container?
George Villanti (01:15:23):
Yes.
Ms. Spadaro (01:15:24):
Did you go to the Collier County Landfill after that?
George Villanti (01:15:25):
I did.
Ms. Spadaro (01:15:27):
And we've seen pictures of it already, but mountains of garbage, right?
George Villanti (01:15:32):
That's correct.
Ms. Spadaro (01:15:35):
Now, I had asked you before about how you have to back your truck into, or position your truck to pick up that container and load it in the back of your truck. If we could republish that screenshot. All right. So is there a little road right here on the right side of the screen?
George Villanti (01:15:47):
There is, yes.
Ms. Spadaro (01:16:00):
And where does that lead to?
George Villanti (01:16:00):
There's a parking lot in there. There's a big parking lot where they would park their trailers for their four by fours and dirt bikes and stuff.
Ms. Spadaro (01:16:18):
And do you have to swing out kind of to the right of this photo to back in and load up the container into your truck?
George Villanti (01:16:22):
Usually I like to pull straight in, but if there's somebody blocking me, then you got to pull in and back up and straighten out that way. So I like to come into the turn wide so you can just pull right up in front of the container without having to make any other maneuvers.
Ms. Spadaro (01:16:37):
Has there been a time where you picked up that container at Monroe Station and there was a car that was blocking your ability to do that?
George Villanti (01:16:46):
Yes.
Ms. Spadaro (01:16:46):
And do you recall in respect to March 23rd, 2023, how far before that did that happen?
George Villanti (01:16:56):
It was either a week, maybe two weeks before, somewhere in there. I'm not exactly a hundred percent sure of the Thursday, but it was either a week or two weeks prior to the date we're talking about.
Ms. Spadaro (01:17:07):
And what kind of vehicle or color vehicle did you see that was there that blocked your ability to do that?
George Villanti (01:17:11):
It was a Toyota Corolla, I believe, like a fire engine red or light red. I don't know how to call it. No.
Ms. Spadaro (01:17:23):
Was there anyone in the vehicle?
George Villanti (01:17:24):
There was nobody in the vehicle.
Ms. Spadaro (01:17:24):
Okay. May I have a moment to confirm?
George Villanti (01:17:24):
You may.
Ms. Spadaro (01:17:24):
I have no further questions. Thank you, Mr. Villanti.
George Villanti (01:17:24):
That's it.
Judge (01:17:32):
Any cross-examination, Mr. Kosowski?
Tomasz Kosowski (01:17:34):
No cross-examination, Your Honor.
Judge (01:17:35):
Thank you. Sir, you may step down. And I assume he can be released from the subpoena?
Mr. Vonderheide (01:17:42):
Yes.
Judge (01:17:43):
Very good. State, please call your next witness.
Mr. Vonderheide (01:17:47):
State calls Alicia Craig. Ma'am, can you step this way, please? Come on over here and stand next to me. [inaudible 01:18:32].
Speaker 4 (01:18:37):
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?
Alicia Craig (01:18:41):
Yes, I do.
Speaker 4 (01:18:42):
Thank you.
Mr. Vonderheide (01:18:42):
Come on over here, ma'am.
Judge (01:18:54):
Good morning. Mr. Vonderheide, you may inquire.
Mr. Vonderheide (01:18:56):
Thank you, Your Honor. Ma'am, could you please state your full name and spell your name for Madam Court Reporter?
Alicia Craig (01:19:01):
Yes. My name is Alicia Craig. My first name is spelled A-L-I-C-I-A. My last name is spelled C-R-A-I-G.
Mr. Vonderheide (01:19:11):
And where are you presently employed?
Alicia Craig (01:19:13):
I'm employed by the Collier County Sheriff's Office.
Mr. Vonderheide (01:19:15):
Okay. How long have you been with Collier County Sheriff's Office?
Alicia Craig (01:19:18):
For 21 years.
Mr. Vonderheide (01:19:19):
All right. So what is your current assignment at Collier County Sheriff's Office?
Alicia Craig (01:19:23):
I'm a senior crime scene investigator.
Mr. Vonderheide (01:19:25):
Okay. And how long have you been doing that?
Alicia Craig (01:19:26):
For four years.
Mr. Vonderheide (01:19:29):
Okay. What did you do before that four-year time period?
Alicia Craig (01:19:31):
I was a crime scene investigator.
Mr. Vonderheide (01:19:33):
Okay. And so as it relates to crime scene investigations, what is it that you do when you get to a crime scene? Just give us a little.
Alicia Craig (01:19:43):
The main role of a crime scene investigator is to document a scene and evidence, collect evidence and preserve that evidence.
Mr. Vonderheide (01:19:50):
Okay. March 21st of... No, wrong date. March 31st of 2023, were you called out to an area on the Tamiami Trail?
Alicia Craig (01:20:00):
Yes, I was.
Mr. Vonderheide (01:20:00):
All right. And how did you come about to get there? Who called you out to that?
Alicia Craig (01:20:04):
I was notified by my former Lieutenant Williamson.
Mr. Vonderheide (01:20:07):
Okay. And were you given any kind of information as to why you were going to that location?
Alicia Craig (01:20:12):
Yes, I was.
Mr. Vonderheide (01:20:13):
All right. And what was the information you were given?
Alicia Craig (01:20:16):
Former Lieutenant Williamson informed me that the Largo Police Department was requesting the assistance of the Collier County Sheriff's Office crime scene section to process a dumpster for the presence of the victim's body and/or items of potential evidentiary value that were related to a homicide incident within their jurisdiction.
Mr. Vonderheide (01:20:36):
Okay. And do you recall what time of day you got down there?
Alicia Craig (01:20:39):
Yes, I arrived at that location at 11:08 AM.
Mr. Vonderheide (01:20:42):
All right. And when you got there, what did you observe? Just was there law enforcement there?
Alicia Craig (01:20:47):
Yes, there was.
Mr. Vonderheide (01:20:48):
And how much law enforcement? How many law enforcement officers?
Alicia Craig (01:20:51):
Well, there were members of the Collier County Sheriff's Office, members of the Largo Police Department, park rangers as well.
Mr. Vonderheide (01:20:57):
Okay. And were they engaged? Were they searching sort of the surrounding areas there?
Alicia Craig (01:21:04):
I was made aware that they were, yes.
Mr. Vonderheide (01:21:08):
Okay. And did you see a canine there as well?
Alicia Craig (01:21:10):
Yes, I did.
Mr. Vonderheide (01:21:12):
Okay. Were you there when the canine alerted on the dumpster or had that already happened?
Alicia Craig (01:21:16):
I was there. I was present.
Mr. Vonderheide (01:21:17):
Okay. So you were able to observe that?
Alicia Craig (01:21:19):
Yes, I did.
Mr. Vonderheide (01:21:19):
All right. And what did you see the dog do when the canine was near the dumpster?
Alicia Craig (01:21:24):
I believe the dog sat down or laid down.
Mr. Vonderheide (01:21:26):
Okay. So from that point, you had to go about processing the dumpster, right?
Alicia Craig (01:21:31):
Yes, I did.
Mr. Vonderheide (01:21:32):
So when you looked into it for the first time, was there trash in it?
Alicia Craig (01:21:35):
Yes, there was.
Mr. Vonderheide (01:21:36):
All right. Was there anything remarkable about this trash?
Alicia Craig (01:21:39):
No. It looked like a normal dumpster with garbage inside of it.
Mr. Vonderheide (01:21:43):
Okay. Did it look like there was maybe construction waste in it?
Alicia Craig (01:21:46):
Yes, there was.
Mr. Vonderheide (01:21:47):
All right. Was there any, as far as you could tell, like food or animal carcasses or anything in it?
Alicia Craig (01:21:52):
Not that I could see. There were bags of garbage. There may have been inside the bags, but I couldn't see anything visibly.
Mr. Vonderheide (01:21:58):
And could you smell anything?
Alicia Craig (01:22:00):
No, it smelled like a normal dumpster.
Mr. Vonderheide (01:22:02):
Okay. How did you go about starting the procedure of processing that area?
Alicia Craig (01:22:08):
I first performed a walkthrough of the scene, and from there I began obtaining overall photographs of the scene from various angles.
Mr. Vonderheide (01:22:16):
Now we're about to see the photographs, but can you kind of just first describe this area, that big Loop Road and 41 and the Tamiami Trail, is it a populated area?
Alicia Craig (01:22:30):
No, it is not.
Mr. Vonderheide (01:22:32):
Okay. This particular dumpster, can you spot it off of 41?
Alicia Craig (01:22:35):
No, you would not have.
Mr. Vonderheide (01:22:36):
All right. So how do you have to get off of 41 to go find this dumpster?
Alicia Craig (01:22:41):
Well, there are two entrances technically into the property. One is a gravel road, but that was not utilized for through traffic. That would've been for off-road vehicles.
Mr. Vonderheide (01:22:51):
Okay.
Alicia Craig (01:22:51):
There is a portion of loop road that is paved that leads to the paved road that leads into the parking lot for the rest stop.
Mr. Vonderheide (01:23:01):
Okay. Your Honor, may I approach the witness?
Judge (01:23:02):
You may.
Mr. Vonderheide (01:23:18):
Ms. Craig, I'm going to show you State's Exhibit 116 for identification purposes. Please take a look at it and tell me if you recognize any markings on that package.
Alicia Craig (01:23:25):
Yes, I do.
Mr. Vonderheide (01:23:26):
All right. And what do you recognize?
Alicia Craig (01:23:28):
My initials and the date that I wrote on here.
Mr. Vonderheide (01:23:31):
Did you have an opportunity to go through the contents of that USB drive and observe the photographs and videos on it?
Alicia Craig (01:23:37):
Yes, I did.
Mr. Vonderheide (01:23:38):
Are those the actual photographs and videos that you took yourself?
Alicia Craig (01:23:40):
Yes, all of them.
Mr. Vonderheide (01:23:43):
Your Honor, at this time, I would request to move into evidence State's ID 116 and State's 116.
Judge (01:23:49):
Any objection?
Tomasz Kosowski (01:23:50):
No, Your Honor.
Judge (01:23:50):
It's admitted.
Mr. Vonderheide (01:23:51):
Request to publish as well.
Judge (01:23:53):
You may.
Mr. Vonderheide (01:24:21):
All right. We're going to show you some videos here. Did you take videos to kind of show location areas?
Alicia Craig (01:24:24):
Yes, I did.
Mr. Vonderheide (01:24:26):
All right. And so what are we looking at here?
Alicia Craig (01:24:28):
This is actually the paved road that led into the parking lot just before Loop Road, and I'm focusing specifically on the dumpster. That is Officer Simons with cadaver K9 Connor.
Mr. Vonderheide (01:24:40):
Okay. And that's K9 Connor we've heard about here in the courtroom?
Alicia Craig (01:24:43):
Yes, that is Connor.
Mr. Vonderheide (01:24:44):
All right. So we see you're panning this way. Why are you panning over to the left?
Alicia Craig (01:24:48):
Really just trying to show the adjoining roads and what the property looked like.
Mr. Vonderheide (01:24:55):
So when you go to the left here, is that where the dirt road on Loop Road starts?
Alicia Craig (01:25:00):
Yes, just beyond that.
Mr. Vonderheide (01:25:02):
All right. And so we'll turn back around. And there was a little parking pad area here off to the right?
Alicia Craig (01:25:10):
Yes. That road there actually led up to a sandy gravel pit that was in the northeast quadrant of the property or northwest quadrant of the property. I'm sorry.
Mr. Vonderheide (01:25:31):
[inaudible 01:25:32]. All right, there we go. So those white vans in the foreground, is that law enforcement vans?
Alicia Craig (01:25:35):
Yes. Crime scene vehicles, specifically the first two, and then the one behind it, I believe, belonged to our Major Crimes Bureau.
Mr. Vonderheide (01:25:43):
Okay. And then we see some tire tracks off there onto the right. Is that a little area where maybe somebody could park a car or something like that?
Alicia Craig (01:25:51):
Yes. Actually, at one point, there was a large truck that was parked there.
Mr. Vonderheide (01:25:55):
Okay. Where's 41 in relation to that directionally speaking?
Alicia Craig (01:26:06):
It would be north of that.
Mr. Vonderheide (01:26:07):
All right. So we're going to show you another video here off the USB. What are we looking at here?
Alicia Craig (01:26:12):
That is me standing on Loop Road near the corner of US 41 or Tamiami Trail, and again, panning, just demonstrating what the property looked like. That is the sandpit over to the right side there. There's some off-road vehicle trails. You can see me zooming in just to show what the sign shows.
Mr. Vonderheide (01:26:36):
When we saw that arrow sign at the end of the road there and the guardrail, is that 41?
Alicia Craig (01:26:41):
Yes, it is.
Mr. Vonderheide (01:26:41):
And I think we're going to go back to it. I think we see dust on the road there. Is that that dirt road on big Loop Road?
Alicia Craig (01:26:52):
It is, yes.
Mr. Vonderheide (01:26:55):
Is that road a dirt road all the way through to the [inaudible 01:26:59].
Alicia Craig (01:26:59):
I'm not aware. I actually was not beyond that point.
Mr. Vonderheide (01:27:02):
Okay. Have you ever been on that road?
Alicia Craig (01:27:04):
I have not, no.
Mr. Vonderheide (01:27:15):
So as part of your process of documenting, did you actually take the trash out of the dumpster?
Alicia Craig (01:27:20):
I did, yes.
Mr. Vonderheide (01:27:21):
And that was you that did it?
Alicia Craig (01:27:22):
It was me, yes.
Mr. Vonderheide (01:27:24):
Okay. And then who were you handing it off to?
Alicia Craig (01:27:25):
Off to the Largo Police Department detectives.
Mr. Vonderheide (01:27:28):
And at that point, were you unaware and everyone else there unaware that the can had been dumped twice since the relevant time period?
Alicia Craig (01:27:36):
I was not made aware of how many times, no.
Mr. Vonderheide (01:27:38):
Okay. So you're taking the trash out of the can. Again, nothing remarkable about the trash bags that are in the can?
Alicia Craig (01:27:44):
No.
Mr. Vonderheide (01:27:48):
And you also took some photos with measuring how high things are in this can, right?
Alicia Craig (01:27:54):
Yes, I did.
Mr. Vonderheide (01:27:56):
So we're looking at this particular dumpster. Are there doors on the side of it?
Alicia Craig (01:28:00):
Yes, on the southwest and northwest sides of the dumpster.
Mr. Vonderheide (01:28:06):
Okay. All right, so here we go. Now you got measuring tape there, right?
Alicia Craig (01:28:49):
Yes.
Mr. Vonderheide (01:28:50):
Okay. So did you go around the can and measure different openings?
Alicia Craig (01:28:53):
Yes, we did.
Mr. Vonderheide (01:29:00):
All right. So we see, if I can see it, I got to get close. Approximately what? Four feet tall, is that what it was?
Alicia Craig (01:29:12):
No, approximately. Well, the ground was uneven, so one corner of that corner specifically, which I believe is the northwest corner, was approximately five feet, six inches.
Mr. Vonderheide (01:29:29):
Okay. All right. So then we have the lateral here. Was there a door on both sides of this can?
Alicia Craig (01:29:33):
Yes, there was.
Mr. Vonderheide (01:29:34):
And there's a little chain to the left next to your ruler there. That chain, what was it there for? Was it locked? Was it unlocked?
Alicia Craig (01:29:45):
The chain actually had a carabiner attached to it and it was securing the door to be locked. Yes.
Mr. Vonderheide (01:29:50):
But it wasn't, there was no lock on it. Anybody could open it?
Alicia Craig (01:29:52):
Yes.
Mr. Vonderheide (01:30:01):
Could both sides of it be opened?
Alicia Craig (01:30:03):
Yes, they could.
Mr. Vonderheide (01:30:04):
So now we're seeing here. All right. So is this some of the trash that you found on the dumpster?
Alicia Craig (01:30:30):
Yes, it is.
Mr. Vonderheide (01:30:31):
All right. Boots, white trash bags, more trash bags, looks like construction waste, right?
Alicia Craig (01:30:41):
Yes.
Mr. Vonderheide (01:30:43):
When you were lifting those bags out, do you recall if you had to struggle to lift any of those bags out of the [inaudible 01:30:49]?
Alicia Craig (01:30:48):
I don't believe there was any type of struggle. I don't recall them being heavy whatsoever.
Mr. Vonderheide (01:30:53):
Would that be something you would document in your report?
Alicia Craig (01:30:55):
Yes, that would've been.
Mr. Vonderheide (01:30:59):
That's you were clearing it out. Were you looking for areas that might be of concern that might be blood areas or?
Alicia Craig (01:31:06):
Yes, I was.
Mr. Vonderheide (01:31:06):
Okay. How'd you test for that?
Alicia Craig (01:31:08):
We used what's called a Kastle-Meyer presumptive blood test. It's a three-part test consisting of alcohol, phenolphthalein, and hydrogen peroxide.
Mr. Vonderheide (01:31:22):
Okay. A lot of rust in the bottom of that can, right?
Alicia Craig (01:31:25):
Yes, and on the sides of it.
Mr. Vonderheide (01:31:38):
All right. So here's particularly the height of the door. Did you measured that?
Alicia Craig (01:31:42):
Yes.
Mr. Vonderheide (01:31:43):
And this is DSC 487, the file name. How tall was that door opening from the bottom to the ground?
Alicia Craig (01:31:54):
It was approximately 30 to 31 inches, I believe.
Mr. Vonderheide (01:31:57):
Okay. All right. So from that point on, you helped document and process that dumpster. What happened there? How long were you there?
Alicia Craig (01:32:12):
I arrived at 11:08 and cleared the scene at 7:00 PM.
Mr. Vonderheide (01:32:18):
Okay. So before you left that night, did you have indication that you were going to the landfill the next day?
Alicia Craig (01:32:26):
Yes, I did.
Mr. Vonderheide (01:32:27):
All right. Well, tell us about that. What did they tell you you were going to do at the landfill?
Alicia Craig (01:32:30):
Detective Sergeant [inaudible 01:32:32] informed me that arrangements had been made with the Collier County Waste Management team to search a specific area within the landfill for the presence of the victim's body and/or any items of potential value.
Mr. Vonderheide (01:32:47):
And what time did you show up that next day?
Alicia Craig (01:32:47):
At 8:35 AM.
Mr. Vonderheide (01:32:48):
All right. Had they started anything yet when you got there?
Alicia Craig (01:32:52):
No, they had not.
Mr. Vonderheide (01:32:53):
And how many agencies were present?
Alicia Craig (01:32:56):
Well, the Collier County Sheriff's Office, quite a few members of our Collier County Sheriff's Office, quite a few members of the Largo Police Department. There was the Greater Naples Fire Department, as well as North Naples Fire Department, and members of the Collier County Waste Management.
Mr. Vonderheide (01:33:14):
All right. And were you all kind of just met together first to get a plan?
Alicia Craig (01:33:16):
Yes, did a briefing.
Mr. Vonderheide (01:33:17):
All right. Describe that to us. Did they have an area for you to go look?
Alicia Craig (01:33:21):
Yes. There was a specific grid of approximately 50 feet by 50 feet and 17 feet deep that was designated as an area where the garbage that had been collected from the dumpster at Monroe Station would've been placed within the landfill.
Mr. Vonderheide (01:33:36):
And were you there to do your normal document, process, and collect, right?
Alicia Craig (01:33:39):
Yes, I was.
Mr. Vonderheide (01:33:40):
So as far as that, did you take a lot of pictures there?
Alicia Craig (01:33:42):
Yes, I did.
Mr. Vonderheide (01:33:46):
If you came across or any of the investigators came across bones or anything that looked like it might be bones, what would you do with that?
Alicia Craig (01:33:54):
Those items were first photographed, they were collected, and then transported to the District 20 medical examiner's office for examination.
Mr. Vonderheide (01:34:02):
Okay. So during your time there, did your team get any indication that human remains were found?
Alicia Craig (01:34:08):
No.
Mr. Vonderheide (01:34:08):
So basically you find a bone, drive it to the MEO, they say, no, this is some sort of animal bone.
Alicia Craig (01:34:14):
Correct.
Mr. Vonderheide (01:34:15):
Was there pieces? It looks like there's one of the pictures, you won't look at it here, but it was almost like a completed roast or something that was in the trash?
Alicia Craig (01:34:22):
Yes, there was.
Mr. Vonderheide (01:34:24):
All right. Was that even rushed over to the MEO?
Alicia Craig (01:34:26):
Yes, it was.
Mr. Vonderheide (01:34:26):
All right. And then nothing. They said this is not human remains?
Alicia Craig (01:34:30):
Correct.
Mr. Vonderheide (01:34:31):
So how many days were you there?
Alicia Craig (01:34:33):
Three days.
Mr. Vonderheide (01:34:34):
Were you the main forensic processing person that was there on scene?
Alicia Craig (01:34:38):
Yes, I was.
Mr. Vonderheide (01:34:39):
And you probably took how many photos do you think?
Alicia Craig (01:34:42):
Between the two scenes, over 1200.
Mr. Vonderheide (01:34:45):
Okay. And did you also take videos documenting how the operation would work on a daily basis?
Alicia Craig (01:34:53):
Yes, I did.
Mr. Vonderheide (01:34:53):
On the third day when you got there, was it kind of foggy there at the landfill?
Alicia Craig (01:34:56):
Yes, there was a dense fog that was present.
Mr. Vonderheide (01:34:59):
Was it hot that time of year, down there?
Alicia Craig (01:35:04):
Very warm, yes. I know that the first day at the dumpster alone was 84.2 degrees because I obtained a temperature reading, and the next days consistently were at least that warm.
Mr. Vonderheide (01:35:15):
All right. And so is it not just the heat from sort of the typical Florida air that you're feeling when you're at the dump?
Alicia Craig (01:35:23):
Oh, no. As we began to excavate in and unearth the items that were within the landfill, the heat was extreme. It probably gained another 10 to 15 degrees.
Mr. Vonderheide (01:35:37):
And then, I mean, we could probably all imagine what the smell's like, but can you describe what the smell was like?
Alicia Craig (01:35:45):
That's a smell I won't forget. It's very potent. It has a very putrid smell. I would say, to me, it smelled somewhat of between rotten eggs and a chemical combination.
Mr. Vonderheide (01:35:59):
Okay. And were you there from start to finish every day?
Alicia Craig (01:36:04):
I was, yes.
Mr. Vonderheide (01:36:05):
And what time would you start on those? We heard 8:30 on the first day. How late were you there the first day?
Alicia Craig (01:36:10):
7:00 PM.
Mr. Vonderheide (01:36:11):
All right. What about the next day? When'd you guys start?
Alicia Craig (01:36:13):
We started at 7:00 AM.
Mr. Vonderheide (01:36:17):
All right. And then when did you end?
Alicia Craig (01:36:18):
6:50 PM.
Mr. Vonderheide (01:36:18):
All right. What about the next day?
Alicia Craig (01:36:20):
We started at 7:00 AM and that day was the third day Detective Sergeant [inaudible 01:36:26] made the decision to discontinue the search at approximately 5:30 PM.
Mr. Vonderheide (01:36:30):
Did the actual trash truck that transported that can come to the landfill?
Alicia Craig (01:36:36):
Yes, it did.
Mr. Vonderheide (01:36:37):
Do you remember what day that was?
Alicia Craig (01:36:38):
It was on the third day, on Monday, April 3rd.
Mr. Vonderheide (01:36:40):
All right. Was he able to give kind of any indication where maybe you should start looking too as as well?
Alicia Craig (01:36:48):
No, I was just requested to photograph the vehicle itself.
Mr. Vonderheide (01:36:52):
Did you photograph his truck?
Alicia Craig (01:36:53):
Yes, I did.
Mr. Vonderheide (01:37:02):
All right. Anything remarkable that you were able to locate about the truck?
Alicia Craig (01:37:09):
No, it looked like a typical Collier County Waste Management truck to me.
Mr. Vonderheide (01:37:13):
And was there indications that have been hosed out multiple times between March 23rd, 2023 and that present time?
Alicia Craig (01:37:21):
I'm not aware if it was.
Mr. Vonderheide (01:37:26):
That's fine. All right, so let's go to the [inaudible 01:37:30]. Yeah. So you took a video of the operations?
Alicia Craig (01:37:34):
I did.
Mr. Vonderheide (01:37:34):
What day was that?
Alicia Craig (01:37:35):
On Monday, April 3rd.
Mr. Vonderheide (01:37:37):
All right. Were you asked to do that?
Alicia Craig (01:37:39):
Yes, I was.
Mr. Vonderheide (01:37:42):
All right. We're showing a video. It's DSC_0236.
Mr. Vonderheide (01:39:47):
It's a 12- minute video. This happens all day?
Alicia Craig (01:39:51):
Yes. And towards the end of the day, yes.
Mr. Vonderheide (01:39:53):
Systematically, this is happening all day. Trucks coming in, dumping, and then they're running over it with this big compactor?
Alicia Craig (01:39:59):
Yes.
Mr. Vonderheide (01:40:02):
So describe the height of the piles of trash that you all were sifting through.
Alicia Craig (01:40:09):
It was quite a large shell that we already had to climb up before we even began the excavation. As the days went on, the piles... I don't know the exact height, but at one point I do stand inside of the location that we excavated and it was very high compared to the height that I am.
Mr. Vonderheide (01:40:57):
So is this just an idea of what everything looks like basically?
Alicia Craig (01:41:03):
Yes, it is.
Mr. Vonderheide (01:41:05):
How would you describe that experience and not in person?
Alicia Craig (01:41:10):
Well, I guess initially my first thought of what a landfill would look like was you would just see mounds of trash. I did not realize that they actually covered that with sand and dirt and mulch, but that is the mixture of what was being unearthed along with the sand and dirt and mulch. So there was so many items within that landfill. It seemed like infinite number of items.
Mr. Vonderheide (01:41:40):
Every day when you would complete, would they cover it up with this mulch that we see here in the foreground?
Alicia Craig (01:41:44):
They were, yes.
Mr. Vonderheide (01:41:47):
And then the next day they would have to come uncover it?
Alicia Craig (01:41:49):
Yes.
Mr. Vonderheide (01:41:52):
All right. We see a person up there on the top. Is that an accurate sort of scale representation of what you were dealing with, the height of it?
Alicia Craig (01:42:00):
Yes, it is.
Mr. Vonderheide (01:42:00):
Yeah. It looks like we've got two people up there and then maybe some sort of heavy equipment.
Alicia Craig (01:42:12):
Yes.
Mr. Vonderheide (01:42:15):
Did you also take a picture of the equipment?
Alicia Craig (01:42:37):
I did, yes.
Mr. Vonderheide (01:42:37):
All right. That one, was that running all day while you were there on the day of operation that it was working?
Alicia Craig (01:42:42):
Yes, there were two running at all times.
Mr. Vonderheide (01:42:45):
All right. And then they got the spike wheels on it?
Alicia Craig (01:42:48):
Yes.
Mr. Vonderheide (01:42:52):
What are we depicting here?
Alicia Craig (01:42:53):
That is me actually standing at the top of the excavation site looking down into the area that was searched.
Mr. Vonderheide (01:43:02):
All right. And how would this search go down? Would they scoop up a pile and then have the investigator search through it and sift through it?
Alicia Craig (01:43:11):
Yes, there were actually two plans of action. Initially, we were to go layer by layer. After so many layers because it was taking quite a bit of time a secondary plan of action was put into place where they would now take up larger layers specifically and pull out items. And then we were to stand by to search the items that were being brought out and search the piles as well.
Mr. Vonderheide (01:43:36):
Is that what's being depicted here?
Alicia Craig (01:43:37):
Yes, it is.
Mr. Vonderheide (01:44:02):
So the last day you said you came in, it was foggy. There was a mist [inaudible 01:44:07] the landfill?
Alicia Craig (01:44:07):
Yes, there was.
Mr. Vonderheide (01:44:09):
All right. And how long did that last?
Alicia Craig (01:44:11):
I believe that we delayed our start time until around 7:30 AM. We had to wait for it to become a little bit more light out with the sun coming up to be able to start the search.
Mr. Vonderheide (01:44:26):
In the course of your three days there, so April 1, April 2, April 3, did you ever observe anyone collect any human remains there at the Collier County landfill?
Alicia Craig (01:44:38):
No.
Mr. Vonderheide (01:44:39):
Okay. I have nothing further.
Judge (01:44:41):
Any cross-examination?
Tomasz Kosowski (01:44:42):
No, Your Honor.
Judge (01:44:43):
All right. Thank you. Ma'am, you may step down.
Alicia Craig (01:44:43):
Thank you, Your Honor.
Mr. Vonderheide (01:44:47):
Yes, you may be released.
Judge (01:44:48):
Very good. State, please call your next witness.
Mr. Vonderheide (01:44:59):
State calls Richard Kules.
Judge (01:45:13):
Stand next to me, please. Please, Madam Clerk [inaudible 01:45:18].
Madam Clerk (01:45:18):
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?
Richard Kules (01:45:22):
Yes.
Madam Clerk (01:45:23):
Thank you.
Judge (01:45:23):
Come on over here.
Judge (01:45:23):
Good morning, sir.
Richard Kules (01:45:23):
Morning.
Judge (01:45:37):
State, you may inquire.
Mr. Vonderheide (01:45:38):
Morning. Could you please state your full name and spell your last name for the court reporter?
Richard Kules (01:45:41):
Rick Kules, K-U-L-E-S.
Mr. Vonderheide (01:45:44):
All right, sir. And where are you presently employed?
Richard Kules (01:45:46):
Waste Management.
Mr. Vonderheide (01:45:47):
All right. And how long have you been with Waste Management?
Richard Kules (01:45:49):
Since 2015.
Mr. Vonderheide (01:45:51):
2015. And what is your current responsibility for Waste Management?
Richard Kules (01:45:53):
Currently, I'm a district manager at the Lee Henry Landfill.
Mr. Vonderheide (01:45:58):
Okay. And how long have you been doing that?
Richard Kules (01:46:01):
Collectively a couple of years. We split the sites. Lee Henry, Naples or Collier County Landfill and a few other sites were all under the same DM.
Mr. Vonderheide (01:46:11):
Okay. So were you responsible for management of site back in March of 2023?
Richard Kules (01:46:17):
Yes, sir.
Mr. Vonderheide (01:46:17):
And what's it called? Where's it located?
Richard Kules (01:46:20):
The Collier County Landfill?
Mr. Vonderheide (01:46:21):
Yep.
Richard Kules (01:46:22):
Naples landfill?
Mr. Vonderheide (01:46:22):
Yes, sir. What's the address on that?
Richard Kules (01:46:25):
3750 White Lake Boulevard.
Mr. Vonderheide (01:46:27):
Okay. Were you informed back in March of 2023 that law enforcement officers were interested in your landfill?
Richard Kules (01:46:34):
Yes, sir.
Mr. Vonderheide (01:46:35):
All right. Were you able to provide them with assistance?
Richard Kules (01:46:38):
Yes, sir.
Mr. Vonderheide (01:46:39):
Okay. Just generally speaking, landfill management. If you can explain to us when... Let's say it's just a Thursday, let's just say for example, and you've got trucks coming in to dump waste in the landfill, do you have a specific location to them to go to?
Richard Kules (01:46:59):
Every day it moves depending on the area we're filling in, but yes, we pretty much keep trucks in the same area all day.
Mr. Vonderheide (01:47:06):
All right. And is that something that's coordinated in advance?
Richard Kules (01:47:10):
Yes, sir.
Mr. Vonderheide (01:47:11):
All right. And do you have signs and markings to alert the trucks as to where to drive?
Richard Kules (01:47:16):
We have to keep minimum 15 feet spacing between the vehicles. That site uses two large off-road truck tires as lane markers.
Mr. Vonderheide (01:47:24):
Okay. And why do you do that? What is the purpose of having those areas marked out every day?
Richard Kules (01:47:32):
It gives the trucks something that they can see to know where to go and for safety reasons so nobody gets too close to one another.
Mr. Vonderheide (01:47:40):
When you're dumping in one site all day, what happens at the end of the day?
Richard Kules (01:47:47):
That is a MSW site. We have to cover it every day.
Mr. Vonderheide (01:47:51):
What does MSW mean?
Richard Kules (01:47:53):
It's municipal waste.
Mr. Vonderheide (01:47:56):
Okay. So how do you go about covering the trash every day?
Richard Kules (01:48:01):
If it's all the way up to grade, we use 50/50 cover, which is half dirt and half mulch.
Mr. Vonderheide (01:48:07):
And what do you mean up to grade? What does that mean?
Richard Kules (01:48:10):
If we are doing the full lift for the day and we're not going back into that area the next day.
Mr. Vonderheide (01:48:15):
Okay. So basically if you're finishing with that area and you're going to another section?
Richard Kules (01:48:19):
Yes.
Mr. Vonderheide (01:48:21):
And when you cover it up, let's say you cover it up one day, would you ever go back and start dumping on it again the following day if you still weren't finished yet?
Richard Kules (01:48:31):
So the areas that we are tying back into and the edges, that site has an alternative daily cover that's allowed, and it is basically a sprayed concrete.
Mr. Vonderheide (01:48:41):
Okay. And so what do you do with the sprayed concrete if you have to go back into that site?
Richard Kules (01:48:48):
The next morning when we go into that area, it just gets broken up. It's a very thin spray.
Mr. Vonderheide (01:48:53):
Okay. I want to turn your attention to back in late March/early April of 2023 with this operation involving law enforcement. Were you able to give them a location that you thought it would be?
Richard Kules (01:49:07):
Yes, sir.
Mr. Vonderheide (01:49:08):
All right. And how do you know that? Do you keep records on that?
Richard Kules (01:49:11):
So we have a grid and then I've been on that site for so many years, you know where you're at.
Mr. Vonderheide (01:49:16):
Okay.
Richard Kules (01:49:16):
And we have to have a certain sized area, 100 by 50 open at a time, so it's pretty easy to keep track where you were.
Mr. Vonderheide (01:49:25):
And when you said 15 feet spacing between the trucks, does that mean they're constantly throughout the day trucks coming in and dumping?
Richard Kules (01:49:30):
All day long, yes sir.
Mr. Vonderheide (01:49:32):
We see the sign here. Is this one of the signs?
Richard Kules (01:49:34):
Yes sir.
Mr. Vonderheide (01:49:35):
All right. And this just tells everybody to go?
Richard Kules (01:49:37):
Yes sir.
Mr. Vonderheide (01:49:38):
All right. So let's talk about the Collier County Sheriff's Office took a video of your operations there.
Richard Kules (01:49:43):
Yes sir.
Mr. Vonderheide (01:49:44):
Is this your facility?
Richard Kules (01:49:47):
Yes sir.
Mr. Vonderheide (01:49:47):
All right. So just describe to us kind of systematically what's happening here.
Richard Kules (01:49:52):
Trucks come in, they wait, we dump two trucks at a time. They'll back up one on each side of the tires or the signs. Bulldozer will push the material out to the compactor and start spreading the material into 12 inch lifts and then the compactor runs it over till you can't tell what it is anymore.
Mr. Vonderheide (01:50:13):
And you say lifts, we don't know-
Richard Kules (01:50:14):
Yep, sorry. We put it in 12 inches at a time to reach maximum densities.
Mr. Vonderheide (01:50:19):
Okay.
Richard Kules (01:50:20):
And then overall lift is how high you're bringing that entire area up at one time for grade.
Mr. Vonderheide (01:50:28):
So we see a lot of trucks back there.
Richard Kules (01:50:30):
Yes sir.
Mr. Vonderheide (01:50:30):
Is that how it is all day?
Richard Kules (01:50:32):
Not all day, but at the end of every day, yes. But you can get multiple rushes throughout the day.
Mr. Vonderheide (01:50:41):
So as the truck dumps, are they spreading it out?
Richard Kules (01:50:44):
Yes sir.
Mr. Vonderheide (01:50:45):
And then what happens once they're spreading it out?
Richard Kules (01:50:47):
Compactor runs over it nonstop all day.
Mr. Vonderheide (01:50:50):
Okay. So how many compactors do you have running around?
Richard Kules (01:50:54):
At least one, if not two at all times.
Mr. Vonderheide (01:50:56):
Okay. And when you say all day, it's there just driving around the facility all day crushing them?
Richard Kules (01:51:03):
It stays in that area on top of the waste all day.
Mr. Vonderheide (01:51:06):
Okay. What do we see right there?
Richard Kules (01:51:16):
So the edge of the dirt is the top of that lift and then the compactor, once he gets the material from the dozer, will push it around and spread it out a little more to even it out into the 12-inch lifts.
Mr. Vonderheide (01:51:29):
And how much does that compactor weigh?
Richard Kules (01:51:36):
That's at 826K. It weighs around 90,000 pounds.
Mr. Vonderheide (01:51:38):
What about those other machines that are running out there?
Richard Kules (01:51:38):
The D6 is considerably lighter. I don't know off the top of my head for a D6.
Mr. Vonderheide (01:51:47):
So let me ask you about the recovery operation. Did you take part in that?
Richard Kules (01:51:54):
Yes sir.
Mr. Vonderheide (01:51:55):
What was your role in that?
Richard Kules (01:51:57):
I helped with planning and I ran one of the excavators digging.
Mr. Vonderheide (01:52:01):
Okay. And so as running the excavator, what was your role?
Richard Kules (01:52:08):
We would dig out the material, separate it all and spread it out to the side for them to go through.
Mr. Vonderheide (01:52:15):
All right. So what do we see here depicted on DSC_0215?
Richard Kules (01:52:21):
I ran the Caterpillar excavator on the right side of the photo.
Mr. Vonderheide (01:52:25):
And so we see a pile on the right side of the photo. Were you taking those, I don't know the proper nomenclature.
Richard Kules (01:52:35):
Bucket. Yep. I would take the and excavate a bucket at a time with the excavator and spread it out along the side to make it manageable to go through. Anything that was observed of more interest, black bags or clothing items, we would separate even farther out to the side to really finally go through.
(01:52:59)
Just kept digging and spreading after everything was gone through, then we would put it into a larger pile to be able to put back in the excavation when we were done.
Mr. Vonderheide (01:53:06):
How many times had that particular site been utilized and compacted and covered up before you got there with law enforcement for recovery operation, if you can recall?
Richard Kules (01:53:18):
So that it's waste to put in all day long and ran over all day. And then once it's up to grade, at the longest it takes two days and then we cover it.
Mr. Vonderheide (01:53:28):
All right. And at the end of every day for this recovery operation, did you have to cover it back up?
Richard Kules (01:53:33):
Yes, I have to. Yes, sir.
Mr. Vonderheide (01:53:36):
What do we see here? Is that some of that the coverage starting?
Richard Kules (01:53:39):
Yes, sir.
Mr. Vonderheide (01:53:41):
So when you started the excavation process, you have to go through multiple days of cover as well?
Richard Kules (01:53:47):
Yes, sir.
Mr. Vonderheide (01:53:47):
Do you train people how to drive this compactor?
Richard Kules (01:53:56):
Yes, sir.
Mr. Vonderheide (01:53:57):
All right. And did you used to do it yourself?
Richard Kules (01:53:59):
Yes, sir.
Mr. Vonderheide (01:53:59):
All right. When you're training somebody to drive this compactor, what is it that you tell them to do?
Richard Kules (01:54:04):
So you have to spread everything out and you use the wheels as a trace to overlap so you don't have spaces in between. And for people just starting out very early on, I just always tell them keep running it over until you can't tell what it is anymore and keep going.
Mr. Vonderheide (01:54:27):
I have nothing further. I'll pass the witness. All right.
Judge (01:54:30):
Any cross examination?
Tomasz Kosowski (01:54:32):
No, Your Honor.
Judge (01:54:32):
All right. Thank you. Sir, you may step down.
Mr. Vonderheide (01:54:46):
Your Honor, may we have a 10-minute break?
Judge (01:54:49):
Yes.
Mr. Vonderheide (01:54:49):
[inaudible 01:54:51].
Judge (01:54:52):
All right. So we will take a 10-minute break or until your witness arrives.
Mr. Vonderheide (02:04:03):
Okay.
(02:04:03)
So she had an exam this morning. I thought she was just going to come here straight after. She texted me while I was in do not disturb mode talking to witnesses and doing evidence presentation. She's probably 20 to 30 minutes out.
Judge (02:04:15):
Okay.
Mr. Vonderheide (02:04:15):
So that was five minutes ago.
Judge (02:04:18):
All right. So it probably makes a whole lot more sense to take an early lunch. Is it-
Mr. Vonderheide (02:04:22):
Probably.
Judge (02:04:23):
Is an hour long enough or do you want a little longer?
Mr. Vonderheide (02:04:27):
[inaudible 02:04:27]? Yeah, we're good for that.
Judge (02:04:29):
All right. All right. So we'll be in recess until 12:30, so we'll see you then.
Mr. Vonderheide (02:04:30):
Okay. Thank you, Your Honor.
Judge (02:04:30):
Thank you.
Judge (02:04:30):
All rise.
Speaker 5 (02:12:00):
(silence)
George Villanti (03:05:46):
Before we begin, may I address the court?
Richard Kules (03:05:48):
Yes.
George Villanti (03:05:50):
I would like to move to strike Mr. Summerfield's testimony of DNA yesterday. I'm sorry this isn't coming in a timely fashion, but as I was thinking last night, the grounds for this strike is that Mr. Summerfield really didn't provide his own interpretation of the results, he was simply reading results from a computer program. And not only that, he was also reading the results of the computer program's interpretation of those results. And I asked him, I gave him plenty of opportunity to give his own interpretation of those results and he refused to do so, he was just simply reading them off of a sheet. Given that these aren't his own words and that I can't actually ask the computer program about how these results and these interpretations came to be, I would move that we strike any mention of his testimony concerning DNA.
Richard Kules (03:06:51):
All right, what's his statement?
Mr. Vonderheide (03:06:54):
He testified at length as to his expertise in the field of DNA, he's helped set up multiple labs to include the Pinellas County Forensic Laboratory. Additionally, he said that he did an analysis and he read his results. The report, he wrote the report. So, that's his opinion is what he gave yesterday as an expert from having analyzed the results. To suggest that it was a computer program that spit out results is just quite frankly a misrepresentation of reality. So, I think striking the testimony of the DNA analyst would be wildly inappropriate and certainly not within the bounds of the Florida rules of evidence or any statutes that I know of.
Richard Kules (03:07:30):
And there's an FBI database that every DNA expert uses. So, that's what they use, they don't just make things up themselves.
Mr. Vonderheide (03:07:38):
And he's also referring to a standardized procedure for how to report the findings, that was key in his testimony. He made the findings, he was using that protocol in order to interpret the findings and report the findings for standardization purposes.
Richard Kules (03:07:55):
All right. So, I will deny the motion to strike. If you want to bring up any of these things in closing arguments, or if you want to put any witnesses on the stand and challenge any of his findings, obviously you can do that, but I'm not going to strike it at this time. All right. State, please call your next witness.
Mr. Vonderheide (03:08:14):
And just one more thing. I provided Dr. Kazowski with a printout of the PowerPoint we're going to use today. This PowerPoint has been discovered since the original discovery answer back in May of 2023. There were additional slides added to it last week, I think, I provided a printout to Dr. Kosowski on Monday. I believe it was eight slides per page. So, this is just two slides per page with some on the back, he can go through it chronologically should he desire to do so. The numerous electronic copies of the original PowerPoint have been discovered to multiple, including Dr. Kosowski himself, along the way. So, that's for Lance Moore, the second witness.
Richard Kules (03:08:58):
And people send PowerPoints by email all the time, I mean, sometimes they get too big in either Dropbox or something, but that's how you send PowerPoints-
Mr. Vonderheide (03:09:06):
Well, they provide it on a USBs through Evidence.com downloads, this kind of thing throughout the course of the litigation. And PDFs as well, which is what I provided today.
Richard Kules (03:09:17):
All right. All right. So, now he has a paper copy too, which-
Mr. Vonderheide (03:09:18):
Just so he can follow along.
Richard Kules (03:09:20):
Right. It doesn't make it easier when you have a paper copy. Okay.
Mr. Vonderheide (03:09:23):
State calls Desiree Becher.
Judge (03:09:24):
Raise your right hand. [inaudible 03:10:02].
Speaker 6 (03:10:01):
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?
Alicia Craig (03:10:05):
I do.
Speaker 6 (03:10:05):
Thank you.
Judge (03:10:05):
[inaudible 03:10:09].
Alicia Craig (03:10:05):
Oops.
Judge (03:10:05):
[inaudible 03:10:17].
Alicia Craig (03:10:05):
Okay, great. Thank you.
Richard Kules (03:10:17):
Good afternoon, ma'am.
Alicia Craig (03:10:18):
Good afternoon.
Richard Kules (03:10:21):
You may inquire.
Mr. Vonderheide (03:10:21):
Ms. Becher, can I have you state your full name and spell your full name for Madam court reporter?
Alicia Craig (03:10:26):
Yes. Desiree Becher, D-E-S-I-R-E- E B-E-C-H-E-R.
Mr. Vonderheide (03:10:33):
All right, ma'am, and we're going to talk about your past employment, but are you currently employed?
Alicia Craig (03:10:38):
I'm not.
Mr. Vonderheide (03:10:39):
Why is that?
Alicia Craig (03:10:40):
I'm currently in medical school.
Mr. Vonderheide (03:10:41):
Okay. How long have you been in medical school?
Alicia Craig (03:10:43):
I'm now in my second year.
Mr. Vonderheide (03:10:44):
All right. Where did you work before you went back to school?
Alicia Craig (03:10:48):
I worked at the Pinellas County Forensic Laboratory.
Mr. Vonderheide (03:10:51):
All right. What was your role at the Pinellas County Forensic Laboratory?
Alicia Craig (03:10:54):
I was a forensic serologist.
Mr. Vonderheide (03:10:55):
All right. And how long were you a forensic serologist at the Pinellas County Forensic Laboratory?
Alicia Craig (03:11:00):
A little over two years at the beginning of the training.
Mr. Vonderheide (03:11:04):
Okay. All in how long was your employment with the Pinellas County Forensic Laboratory?
Alicia Craig (03:11:08):
Almost four years.
Mr. Vonderheide (03:11:09):
Okay. So, let's talk about the two years before you were the serologist, what did you do there?
Alicia Craig (03:11:16):
Yes. I was the DNA technician at that time, and my job as a DNA technician overlapped with being a serologist in that training program.
Mr. Vonderheide (03:11:25):
Okay. And we'll talk about what those... What is serology and what's serological testing?
Alicia Craig (03:11:31):
Yes. As a serologist, I'm testing items for bodily fluids, in this case, specifically blood, as well as collecting samples for DNA analysis.
Mr. Vonderheide (03:11:39):
Okay. What does a DNA lab assistant do, the job you had before that?
Alicia Craig (03:11:43):
Oh, the technician.
Mr. Vonderheide (03:11:43):
Technician.
Alicia Craig (03:11:45):
I was in charge of the maintenance of the instrumentation as well as the cleanliness of the lab and just making sure overall everything was needed for the DNA as well as QCing all the reagents for the DNA process.
Mr. Vonderheide (03:12:01):
Okay. And tell me about your educational background prior to going to medical school.
Alicia Craig (03:12:04):
I have my bachelor's in science from the University of Central Florida, specifically in biochemistry, as well as minors in chemistry and biomedical sciences.
Mr. Vonderheide (03:12:13):
All right. And specifically related to serological testing, what specific training do you have?
Alicia Craig (03:12:18):
At the laboratory, we have to go through a serology training module, of course, and in that training, there was theoretical, practical, and competency testing for each individual section, as well as an overall competency exam.
Mr. Vonderheide (03:12:33):
Okay. And how long was that process?
Alicia Craig (03:12:38):
I would have to say maybe roughly six months, like I said, I was also still doing the DNA technician duties as well as having to rely on the trainers, their timeframe as well.
Mr. Vonderheide (03:12:52):
All right. Was there an on-the-job training component as well for the serological testing?
Alicia Craig (03:12:56):
Yes, everything was on the job.
Mr. Vonderheide (03:12:57):
Okay. Let me ask you this, as it relates to serological testing up until, let's say, March of 2023, how many times do you think you engaged in an analysis of samples to determine bodily fluids?
Alicia Craig (03:13:13):
Do you mean the number of cases?
Mr. Vonderheide (03:13:15):
Yeah.
Alicia Craig (03:13:15):
Oh, it's hundreds of cases and process.
Mr. Vonderheide (03:13:19):
Okay. And that's just the number of cases, not necessarily the items submitted?
Alicia Craig (03:13:22):
Correct.
Mr. Vonderheide (03:13:23):
Okay. And so, let's talk... Well, have you ever testified before?
Alicia Craig (03:13:28):
I have, yes.
Mr. Vonderheide (03:13:29):
How many times?
Alicia Craig (03:13:30):
Approximately five, I believe, give or take.
Mr. Vonderheide (03:13:32):
Okay. And which jurisdictions?
Alicia Craig (03:13:36):
Oh, all here, I'm not sure.
Mr. Vonderheide (03:13:38):
Okay.
Alicia Craig (03:13:39):
I show up when they tell me.
Mr. Vonderheide (03:13:40):
Okay, fair enough. Back in March of 2023, were you assigned this case from Largo Police Department?
Alicia Craig (03:13:49):
Yes.
Mr. Vonderheide (03:13:50):
All right. And the information that you're provided is what when you get a case assigned to you?
Alicia Craig (03:13:55):
Oh. For this case, it was different because it was considered a rush case, so I was assigned it by the DNA supervisor at the time. At this time, I really didn't have much information with regards to the case, so I was just told to do the case.
Mr. Vonderheide (03:14:13):
Okay. And when you were assigned, did you do an analysis on serological testing?
Alicia Craig (03:14:20):
Yes.
Mr. Vonderheide (03:14:21):
At the Pinellas County Forensic Laboratory, when you guys start a case, is an independent number assigned to it, like a lab number?
Alicia Craig (03:14:32):
Yes, there is.
Mr. Vonderheide (03:14:33):
All right. And that's not necessarily connected to any police report numbers in the case?
Alicia Craig (03:14:38):
The only relation that those two numbers have is that we know that they're the same item, that's the only relation.
Mr. Vonderheide (03:14:45):
Okay. Do you also give your own item numbers to evidence that you receive?
Alicia Craig (03:14:51):
Yes, that's correct. It gets its own laboratory number and item number.
Mr. Vonderheide (03:14:56):
Okay. And in this case, you knew you were specifically looking for blood, right?
Alicia Craig (03:14:59):
Correct.
Mr. Vonderheide (03:14:59):
What bodily fluids could you test for?
Alicia Craig (03:15:02):
I'm also qualified to look for semen.
Mr. Vonderheide (03:15:06):
Okay. But this case it was blood?
Alicia Craig (03:15:07):
Correct.
Mr. Vonderheide (03:15:09):
What testing procedures do you do in order to determine whether something has blood on it?
Alicia Craig (03:15:14):
For this test, I used a chemical color change test called phenolphthalein.
Mr. Vonderheide (03:15:20):
Okay. And just describe the environment that you're working in in this laboratory.
Alicia Craig (03:15:25):
Yes. In the laboratory, what I'm personally wearing is a lab coat and a mask, and I'm working essentially at a bench table, and on that table is essentially multiple sheets of clean paper. And then what I'm currently working on is called a weigh paper, which is a smaller piece of paper, and that is changed in between each item of evidence. And in between each item of evidence, I'm also changing my gloves.
Mr. Vonderheide (03:15:54):
All right. Why are you doing that?
Alicia Craig (03:15:55):
To prevent cross-contamination.
Mr. Vonderheide (03:15:57):
Okay. In this particular case, did you follow all those procedures?
Alicia Craig (03:16:00):
I did, yes.
Mr. Vonderheide (03:16:01):
All right. And did you use phenolphthalein tests for most of the items?
Alicia Craig (03:16:06):
Correct.
Mr. Vonderheide (03:16:07):
All right. Was there another test that you would've utilized later on in the investigation?
Alicia Craig (03:16:11):
Yes, I did.
Mr. Vonderheide (03:16:12):
What is the name of that test?
Alicia Craig (03:16:14):
It's also another chemical color change test called, in short, it's TMB, but it stands for tetramethylbenzidine.
Mr. Vonderheide (03:16:21):
Okay. And why would you use that rather than using phenolphthalein?
Alicia Craig (03:16:26):
I used TMB in this case because of I wasn't able to interpret the color from phenolphthalein due to the color that was on the evidence.
Mr. Vonderheide (03:16:37):
Okay. So, is that how the choice happens, it's just the color of the object that you're testing?
Alicia Craig (03:16:43):
In this case, yes, because the results were inconclusive if I had to just use phenolphthalein.
Mr. Vonderheide (03:16:51):
Okay. Let's walk through each. So, let me ask you this, is phenolphthalein a presumptive test?
Alicia Craig (03:16:58):
Correct.
Mr. Vonderheide (03:16:59):
All right. Is there a confirmatory testing process at the Pinellas County Forensic Laboratory?
Alicia Craig (03:17:03):
For blood? No.
Mr. Vonderheide (03:17:04):
Okay. If you were to find blood, presumptive test, do you then send it off on its way to the DNA analysis?
Alicia Craig (03:17:12):
Correct.
Mr. Vonderheide (03:17:13):
All right. What if you don't find blood indicated?
Alicia Craig (03:17:16):
In this case, I'm still taking a sample from the item of evidence solely because I'm currently right there with that open piece of evidence, and I place it into a tube that's used in the DNA process. This allows for the DNA analyst to either take that item on or whether or not, but if there's ever a time that it needs to be analyzed later on, it's easily available.
Mr. Vonderheide (03:17:43):
Okay. So, let me ask you this, I'm glad you mentioned it now. Were you also responsible in this case for preparing the samples for the DNA analyst?
Alicia Craig (03:17:51):
Yes.
Mr. Vonderheide (03:17:52):
All right. And explain that process to us. What are you physically doing to prepare the sample to send off the DNA testing?
Alicia Craig (03:18:02):
Okay. So for most items...
Alicia Craig (03:18:02):
Okay. So for most items of evidence in this case, they are swabs, which is just essentially a very long Q-tip with one side with a cotton end. For that, I'm essentially cutting off all the cotton and placing it into a tube that's used in the DNA process. And then for larger items of evidence, I cut out stains and I put the stained item inside that tube as well.
Mr. Vonderheide (03:18:29):
Okay. And then is that preparation for the later analysis that Chad Summerfield would do?
Alicia Craig (03:18:35):
Correct.
Mr. Vonderheide (03:18:37):
And all of the reports that you handled, did you follow that same process?
Alicia Craig (03:18:40):
Correct.
Mr. Vonderheide (03:18:41):
All right. Let's talk about your reports. I know you don't work at Pinellas County Forensic Laboratory anymore, but did they provide your notes and reports to you?
Alicia Craig (03:18:48):
Yes, I have them.
Mr. Vonderheide (03:18:49):
All right. So you have them before you, if you need to refer.
Alicia Craig (03:18:54):
Okay, great.
Mr. Vonderheide (03:18:54):
All right.
Tomasz Kosowski (03:18:54):
All right. I object to the further testimony of this witness on grounds that she will be testifying about evidence seized as a product of the search warrant.
Judge Joseph Bulone (03:19:01):
All right. It's reserved, I guess.
Tomasz Kosowski (03:19:03):
Okay.
Judge Joseph Bulone (03:19:03):
Overruled.
Mr. Vonderheide (03:19:07):
Let's talk your report or request number one. Let's just go through it item by item.
Alicia Craig (03:19:16):
Okay.
Mr. Vonderheide (03:19:17):
All right. And item one, agency item one is sealed with evidence tape and it's reported to contain control swabs.
Alicia Craig (03:19:23):
Yes.
Mr. Vonderheide (03:19:24):
What is that?
Alicia Craig (03:19:25):
From my understanding, control swabs are swabs that aren't used by the agency that they submitted.
Mr. Vonderheide (03:19:30):
Okay. And so did you do any analysis on that?
Alicia Craig (03:19:36):
I did not.
Mr. Vonderheide (03:19:36):
Okay. Let's talk about item number two, which was a buccal swab. Is there any reason to do a phenolphthalein test on a buccal swab?
Alicia Craig (03:19:46):
There is not.
Mr. Vonderheide (03:19:47):
Did you prepare it for further DNA testing?
Alicia Craig (03:19:50):
I did, yes.
Mr. Vonderheide (03:19:52):
Okay. And it's a cotton swab, you just kind of explained that process, same process?
Alicia Craig (03:19:56):
Yes. In this case, because it is what we would call a standard, I do take a cutting, but it's a smaller cutting than normal.
Mr. Vonderheide (03:20:04):
Okay. Agency item number three was a Oral B toothbrush head.
Alicia Craig (03:20:10):
Yes.
Mr. Vonderheide (03:20:10):
Did you process that for further DNA analysis?
Alicia Craig (03:20:12):
I did.
Mr. Vonderheide (03:20:13):
And how did you go about processing that for further DNA analysis?
Alicia Craig (03:20:17):
I did two options. One was swabbing the toothbrush itself and then as well as cutting bristles off the toothbrush.
Mr. Vonderheide (03:20:24):
Okay. So there could be an alternative means for Mr. Summerfield to do an analysis?
Alicia Craig (03:20:30):
Yes. This was to get the best or this was to try and ensure that we did get something off of it.
Mr. Vonderheide (03:20:39):
Okay. Agency item number four was a coffee mug. Did you prepare that?
Alicia Craig (03:20:47):
I did, yes.
Mr. Vonderheide (03:20:48):
All right. And then that was for further DNA testing should Mr. Summerfield need it?
Alicia Craig (03:20:52):
Correct.
Mr. Vonderheide (03:20:53):
All right. Let's talk about agency item number five, which was a swab from a Toyota tailgate.
Alicia Craig (03:21:00):
Correct.
Mr. Vonderheide (03:21:01):
Did you do a presumptive test for blood on that?
Alicia Craig (03:21:04):
I did.
Mr. Vonderheide (03:21:06):
What was your results of your findings?
Alicia Craig (03:21:10):
For item number five, swab of Toyota tailgate, blood was indicated.
Mr. Vonderheide (03:21:14):
Okay. Then you submitted that off for further DNA testing?
Alicia Craig (03:21:20):
Yes, I collected the sample.
Mr. Vonderheide (03:21:23):
Okay. Item number six is a tailgate handle for a Toyota. Did you find blood on that?
Alicia Craig (03:21:30):
For that item, blood was not indicated.
Mr. Vonderheide (03:21:32):
Okay. What about item number seven, middle garage number one?
Alicia Craig (03:21:36):
Blood was also not indicated.
Mr. Vonderheide (03:21:38):
Okay. Let's talk about item number eight. That's your lab item number, the swab middle garage number two.
Alicia Craig (03:21:45):
Blood was indicated.
Mr. Vonderheide (03:21:46):
Okay. Swab or item number nine, which is a swab from the north end garage. Did you find blood on that?
Alicia Craig (03:21:54):
North end garage one, blood was not indicated.
Mr. Vonderheide (03:21:56):
Okay. What about item 10, which is north end garage two?
Alicia Craig (03:22:00):
Blood was also not indicated.
Mr. Vonderheide (03:22:02):
Okay. And then there was item number 11, north end of garage number three. Was there any blood indicated on that?
Alicia Craig (03:22:08):
Blood was not indicated.
Mr. Vonderheide (03:22:10):
Okay. Those swabs in particular, would those have been submitted for further DNA analysis even though there was no blood indicated?
Alicia Craig (03:22:16):
Correct. I took samples of all of those and sent them to the DNA analyst.
Mr. Vonderheide (03:22:22):
Okay. And so then the DNA analyst can make up their mind whether they want to continue further testing on those items or not?
Alicia Craig (03:22:28):
Correct.
Mr. Vonderheide (03:22:29):
Okay. So what was the next request number that you had, report number?
Alicia Craig (03:22:34):
I have request number three.
Mr. Vonderheide (03:22:36):
Okay. Let's talk about your findings on that. Did you get two swabs from an interior trunk lid?
Alicia Craig (03:22:45):
Are we talking about-
Mr. Vonderheide (03:22:46):
Item 13?
Alicia Craig (03:22:47):
Yes. Thank you.
Mr. Vonderheide (03:22:47):
All right.
Alicia Craig (03:22:49):
Blood was not indicated.
Mr. Vonderheide (03:22:50):
Okay. Let's talk about item 14, swabs interior trunk back wall.
Alicia Craig (03:22:54):
Blood was not indicated.
Mr. Vonderheide (03:22:56):
Okay. Let's talk about item 15, interior north wall to the left lobby door. Did you find anything on item 15?
Alicia Craig (03:23:03):
Blood was not indicated.
Mr. Vonderheide (03:23:05):
All right. What about item 16, swabs, men's bathroom floor drain?
Alicia Craig (03:23:09):
Blood was indicated.
Mr. Vonderheide (03:23:11):
Okay. So same thing, you submitted all those to further DNA testing?
Alicia Craig (03:23:16):
Correct.
Mr. Vonderheide (03:23:16):
Okay. Let's talk about your next request or report number. Is that number four?
Alicia Craig (03:23:20):
Five.
Mr. Vonderheide (03:23:21):
Five. Okay. So let's talk about request number five. What did you find there? It was agency item 504.
Alicia Craig (03:23:32):
Yes.
Mr. Vonderheide (03:23:33):
Which is item 19, stain from interior of dumpster.
Alicia Craig (03:23:36):
Blood was not indicated.
Mr. Vonderheide (03:23:38):
Okay. And so what analysis did you perform on that swab from the dumpster?
Alicia Craig (03:23:44):
I performed the phenolphthalein test as well.
Mr. Vonderheide (03:23:47):
Okay. Now the next request, which one, what's the number on that?
Alicia Craig (03:23:51):
Six.
Mr. Vonderheide (03:23:52):
Six. All right. Let's talk about that. Item 21, did you perform an analysis on item 21?
Alicia Craig (03:24:01):
I did not, no.
Mr. Vonderheide (03:24:02):
Okay. Why not?
Alicia Craig (03:24:05):
Because the staining was too limited for serology.
Mr. Vonderheide (03:24:08):
Okay. So if it's too limited of a. Well, what do you mean the staining was too limited? It wasn't presumptive positive or it wasn't enough to test?
Alicia Craig (03:24:19):
The stain was too small, meaning that if I were to try to test for it, I would be concerned that I would take up the whole stain and wouldn't be able to collect any stain sample for DNA analysis.
Mr. Vonderheide (03:24:30):
Okay. So if the sample itself is too small, you will not consume it for the phenolphthalein test?
Alicia Craig (03:24:39):
Correct.
Mr. Vonderheide (03:24:39):
All right. Let's talk about item number 22, lab item 22. Did you perform an analysis on bottom left of toilet seat?
Alicia Craig (03:24:47):
I did not.
Mr. Vonderheide (03:24:48):
Okay. And why was that?
Alicia Craig (03:24:50):
For the same reason. It was too limited for serology.
Mr. Vonderheide (03:24:53):
Okay. And then item 23, which was men's bathroom floor at photo marker number eight, did you perform an analysis on that?
Alicia Craig (03:25:01):
No, I did not.
Mr. Vonderheide (03:25:02):
Why not?
Alicia Craig (03:25:03):
The same reason, too limited for serology.
Mr. Vonderheide (03:25:05):
Okay. Let's talk about item 24, which is the swab of the men's bathroom floor, photo marker number 10. Did you do an analysis on that?
Alicia Craig (03:25:13):
I did.
Mr. Vonderheide (03:25:13):
All right. What was the result of that analysis?
Alicia Craig (03:25:15):
Blood was indicated.
Mr. Vonderheide (03:25:19):
Item 28A and B and C, it looks like those are three napkins, is that right?
Alicia Craig (03:25:27):
Correct.
Mr. Vonderheide (03:25:27):
All right. Tell me about item 28A. Did you do an analysis on that?
Alicia Craig (03:25:31):
I did not.
Mr. Vonderheide (03:25:32):
Why not?
Alicia Craig (03:25:33):
Because all these napkins were packaged together, and once I opened it, I worked the napkin that had the most stains on it.
Mr. Vonderheide (03:25:44):
Okay. And it was the one with the most stains on it, item 28C, napkin number three?
Alicia Craig (03:25:48):
Correct.
Mr. Vonderheide (03:25:48):
All right. What was the indication there after you tested it?
Alicia Craig (03:25:54):
Blood was indicated.
Mr. Vonderheide (03:25:55):
All right. Let's talk about item number 29, driver's side front floorboard. What did you find when you did an analysis on that?
Alicia Craig (03:26:02):
Blood was not indicated.
Mr. Vonderheide (03:26:04):
All right. Let's talk about item 30, which was latent photo area number two. What did you find there?
Alicia Craig (03:26:10):
Blood was indicated.
Mr. Vonderheide (03:26:15):
Did you do any additional testing or reports in this case?
Alicia Craig (03:26:20):
Yes, the phenolphthalein, or sorry, the TMB.
Mr. Vonderheide (03:26:23):
Okay. Well, what was the TMB done on? Which items?
Alicia Craig (03:26:26):
Yes. The TMB was done on laboratory item 27, paper towel, as well as item 29, swabs driver side front floorboard, as well as swabs latent photo area two.
Mr. Vonderheide (03:26:42):
And was that as a result of it, just the color of the item that you needed to be able to differentiate?
Alicia Craig (03:26:48):
Correct.
Mr. Vonderheide (03:26:49):
Okay. Other than what we've discussed, up to number six on the report of the request, did you do any additional testing in this case?
Alicia Craig (03:26:58):
I did not.
Mr. Vonderheide (03:26:58):
Okay. If I may have a moment?
Judge Joseph Bulone (03:27:05):
You may.
Mr. Vonderheide (03:27:26):
I don't have any further questions. I will pass the witness to Dr. Kosowski.
Judge Joseph Bulone (03:27:28):
Any cross-examination?
Tomasz Kosowski (03:27:28):
No, Your Honor.
Judge Joseph Bulone (03:27:28):
All right. Thank you. Ma'am, you may step down.
Alicia Craig (03:27:28):
Thank you.
Judge Joseph Bulone (03:27:28):
State, please call your next witness.
Mr. Vonderheide (03:27:28):
State of Florida calls Bobby Lance Moore.
Court Reporter (03:27:28):
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?
Detective Lance Moore (03:27:28):
I do.
Court Reporter (03:27:28):
Thank you.
Clerk (03:27:28):
Come over here, sir. Step up, sir. [inaudible 03:28:31].
Judge Joseph Bulone (03:27:28):
Good afternoon, sir.
Detective Lance Moore (03:27:28):
Afternoon, sir.
Judge Joseph Bulone (03:27:28):
You may inquire.
Mr. Vonderheide (03:28:43):
Thank you. Detective Moore, could you please state your full name, spell your last name for the court reporter?
Detective Lance Moore (03:28:48):
Lance Moore, L-A-N-C-E, M-O-O-R-E.
Mr. Vonderheide (03:28:52):
Okay. And do you go by Lance, your first name?
Detective Lance Moore (03:28:54):
Lance is my middle name. That's the one I go by.
Mr. Vonderheide (03:28:56):
Okay. Where are you presently employed?
Detective Lance Moore (03:28:59):
Largo Police Department.
Mr. Vonderheide (03:29:01):
How long have you been at Largo Police Department?
Detective Lance Moore (03:29:02):
Just over 22 years.
Mr. Vonderheide (03:29:03):
All right. And at Largo Police Department, what's your current assignment?
Detective Lance Moore (03:29:08):
My current assignment is a cyber crimes detective.
Mr. Vonderheide (03:29:10):
All right. How long have you been a cyber crimes detective?
Detective Lance Moore (03:29:12):
Since December of 2020.
Mr. Vonderheide (03:29:14):
All right. So in that time period between December of 2020 and present, are you primarily focused on cyber crimes?
Detective Lance Moore (03:29:23):
Yes.
Mr. Vonderheide (03:29:24):
All right. Do you branch out and do other investigations if every other detective needs help?
Detective Lance Moore (03:29:28):
Yes.
Mr. Vonderheide (03:29:29):
Okay. And let's talk about your cyber crimes training. Well, let me ask you this, were you a detective before you were in cyber crimes?
Detective Lance Moore (03:29:36):
Yes.
Mr. Vonderheide (03:29:36):
All right. What were you in?
Detective Lance Moore (03:29:38):
I joined our investigative services division as a property crimes detective in 2014. I served time there and I then joined the Crimes Against Persons.
Mr. Vonderheide (03:29:47):
Okay. Let's talk about your education and training specifically as it relates to cyber crimes. Tell us about that.
Detective Lance Moore (03:29:55):
I have a Master's Degree in Cybersecurity from the University of South Florida, in addition to a graduate certificate with the emphasis in digital forensics. I've also completed several trainings, some of which to include SANS certification in advanced smartphone forensics, in addition to IACIS training, which is the International Association of Computer Investigative Specialist as a basic computer forensic examiner, as a certified forensic computer examiner, and a certified mobile device examiner.
Mr. Vonderheide (03:30:23):
Okay. Tell me about the training specifically for a certified mobile device examiner. How long was it? What did you have to do?
Detective Lance Moore (03:30:30):
A certified mobile device examiner is routinely a 40-hour course. After that course, one is then able to take the certification, which you have several prompts, several knowledge based questions that you have to obtain, and you have to pass with a passing score of 80% or higher.
Mr. Vonderheide (03:30:47):
All right. And as it relates to, let's say, iCloud or any kind of cloud storage devices or software, you have training in how to analyze those as well?
Detective Lance Moore (03:30:59):
Yes.
Mr. Vonderheide (03:30:59):
All right. What is the training?
Detective Lance Moore (03:31:01):
That training is routinely covered within the IACIS courses where you will study a vendor neutral based for iPhone and Androids.
Mr. Vonderheide (03:31:09):
All right. So since 2020, right?
Detective Lance Moore (03:31:11):
Yes.
Mr. Vonderheide (03:31:13):
Cyber crimes? How many times have you had an occasion to do a digital analysis on a device?
Detective Lance Moore (03:31:18):
Since my time as a detective, I would estimate I've done at least a hundred or so examinations on various devices.
Mr. Vonderheide (03:31:25):
Okay. And do you have training as well in any kind of Apple devices?
Detective Lance Moore (03:31:30):
Yes.
Mr. Vonderheide (03:31:30):
Okay. As well as Android devices?
Detective Lance Moore (03:31:33):
Yes.
Mr. Vonderheide (03:31:35):
Let's talk about some of the tools that you use to analyze a device. What kind of tools do you use to analyze a device? What kind of software are you using?
Detective Lance Moore (03:31:44):
So I prefer to use as many tools as possible. One that helps me to validate and verify the data that I am obtaining from an iPhone or an Android. And some of those tools are RTX in addition to Cellebrite, Magnet Axiom, and Oxygen Forensic Detective.
Mr. Vonderheide (03:32:01):
Okay. Those that you just listed, do you have specific training in how to use those programs?
Detective Lance Moore (03:32:06):
Yes.
Mr. Vonderheide (03:32:06):
All right. And what does that training consist of?
Detective Lance Moore (03:32:09):
The training is typically a 40-hour course.
Mr. Vonderheide (03:32:11):
Okay. For each device or for each vendor?
Detective Lance Moore (03:32:16):
For each vendor, yes.
Mr. Vonderheide (03:32:17):
And are they constantly updating these programs?
Detective Lance Moore (03:32:18):
Yes, constantly.
Mr. Vonderheide (03:32:19):
All right. Is the technology constantly improving to assist you in doing your analysis?
Detective Lance Moore (03:32:24):
Yes. There's several hundred apps that one can download or have on a device, and so the more common apps are ones that the developers provide updates on to help parse that data, so it's able to be seen readily by an analyst, but there's, as I said, many hundreds of apps. So it's dependent upon the developer to create additional updates to help parse other apps.
Mr. Vonderheide (03:32:49):
All right. And so when there's a new update out, are you aware of it?
Detective Lance Moore (03:32:52):
Yes.
Mr. Vonderheide (03:32:53):
All right. Are you constantly looking for new updates for software so you can help your analysis?
Detective Lance Moore (03:32:57):
Yes. It makes our lives easier.
Mr. Vonderheide (03:32:59):
All right. And are you up to speed on the literature in the field?
Detective Lance Moore (03:33:02):
Yes.
Mr. Vonderheide (03:33:02):
It's probably constantly changing, right?
Detective Lance Moore (03:33:04):
Yes, sir.
Mr. Vonderheide (03:33:05):
Okay. So how many times have you testified in court as a digital forensic examiner?
Detective Lance Moore (03:33:10):
I would say at least five or so.
Mr. Vonderheide (03:33:13):
Okay. Let's talk about your training as it relates to charting out cell phone location data.
Detective Lance Moore (03:33:20):
Yes. I've received training as far as criminal investigations involving cellular technologies, which was a 40-hour course.
Mr. Vonderheide (03:33:27):
Okay. And do you have a variety of tools available to you to take cell phone data and then have it charted on maps?
Detective Lance Moore (03:33:34):
The primary tool that we were using at that time was ZX or Trax.
Mr. Vonderheide (03:33:38):
Okay. Did you have specific training in ZX or Trax?
Detective Lance Moore (03:33:47):
Yes.
Mr. Vonderheide (03:33:47):
And in fact, did you ask for someone to help you out in this case and peer review it for you?
Detective Lance Moore (03:33:48):
Yes.
Mr. Vonderheide (03:33:49):
All right. Who was that as it relates to location data?
Detective Lance Moore (03:33:50):
I asked for Kevin Corrigan, a special agent with the FBI.
Mr. Vonderheide (03:33:53):
Okay. And did he do that?
Detective Lance Moore (03:33:54):
Yes.
Mr. Vonderheide (03:33:55):
All right. So let's talk specifically about this case. In March of 2023, were you-
Tomasz Kosowski (03:34:03):
I am sorry. Object to further testimony of this witness as it concerns products of the search warrant.
Judge Joseph Bulone (03:34:10):
Overruled. You may continue.
Mr. Vonderheide (03:34:14):
And we'll get to the search warrant, but independent of the search warrant, you were assigned a missing persons investigation of Steven Cozzi?
Detective Lance Moore (03:34:19):
Yes.
Mr. Vonderheide (03:34:20):
Do you know when you first got involved in the case? It was on March the 21st at approximately 4:30 that afternoon.
(03:34:27)
Okay. So 4:30 that afternoon, where did you go first?
Detective Lance Moore (03:34:29):
I responded to 1501 South Belcher Road, which is the Blanchard Law Firm.
Mr. Vonderheide (03:34:33):
Okay. And that's in Pinellas County, Florida?
Detective Lance Moore (03:34:35):
Yes.
Mr. Vonderheide (03:34:37):
All right. With whom did you meet when you got there?
Detective Lance Moore (03:34:39):
I met with Detective Bolton and Detective Hunt.
Mr. Vonderheide (03:34:42):
Okay. Did they kind of give you a little bit of general knowledge about what was occurring?
Detective Lance Moore (03:34:46):
Yes. They informed us of the call details.
Mr. Vonderheide (03:34:48):
Okay. So what was your role there in that investigation at 4:30 PM?
Detective Lance Moore (03:34:53):
So once investigators arrived on scene, we basically were delegated with tasks to try to help out and essentially in hopes of locating Mr. Cozzi.
Mr. Vonderheide (03:35:02):
Okay. And so what was your particular task there that night?
Detective Lance Moore (03:35:05):
Surveillance video.
Mr. Vonderheide (03:35:06):
Okay. And are you talking about surveillance video from the veterinary clinic?
Detective Lance Moore (03:35:09):
Yes.
Mr. Vonderheide (03:35:10):
Are you talking about surveillance video outside of the veterinary clinic as well?
Detective Lance Moore (03:35:14):
Yes. The Blanchard Law Firm did not have any internal video. The external video was from the animal clinic.
Mr. Vonderheide (03:35:21):
All right. So who did you meet with to help you download this video surveillance?
Detective Lance Moore (03:35:27):
I originally met with Officer Bure, Largo Police Department, who was currently watching the video at the time.
Mr. Vonderheide (03:35:33):
All right. And so as it relates to any processing that was occurring in the electrical closet in Mr. Cozzi's office, the bathroom, did you have anything to do with any of that?
Detective Lance Moore (03:35:41):
No, sir.
Mr. Vonderheide (03:35:42):
Okay. So did you go and view the surveillance video?
Detective Lance Moore (03:35:45):
Yes.
Mr. Vonderheide (03:35:46):
All right. And why were you viewing the surveillance video?
Detective Lance Moore (03:35:48):
That was my task, as I mentioned before, but also we wanted to try to see what took place in the events following the phone call that was called in to us and to 911 about Mr. Cozzi and his absence.
Mr. Vonderheide (03:36:01):
Okay. And were you able to determine at least some key timeframes on that video when you first initially reviewed it?
Detective Lance Moore (03:36:07):
Initially when I reviewed it, no.
Mr. Vonderheide (03:36:09):
Okay. What did it take for you to start a timeline?
Detective Lance Moore (03:36:14):
So the initial belief would've been that an incident took place and then we would've expected to see something immediately following that, which we did not.
Mr. Vonderheide (03:36:21):
Okay.
Detective Lance Moore (03:36:22):
So I watched minute by minute video through the video. I had to return that the following day on the 22nd. It was at that time that a partner of mine, Detective Wheaton, had informed me that he had observed video from a PSTA bus at Circle K, which provided us with a timeframe. So then I had to go backwards and view that video, but that did give me a starting point.
Mr. Vonderheide (03:36:50):
Okay. So having that timeframe, you went to the surveillance video, what did you observe?
Detective Lance Moore (03:36:54):
So in the surveillance video, I initially started with backwards from that point in time where I saw the gray Tundra leaving, going north on Belcher Road with a cart with what appeared to be a red or orange-ish cover on it.
Mr. Vonderheide (03:37:08):
Okay. Were you all able to acquire the video from the veterinary clinic?
Detective Lance Moore (03:37:14):
Yes.
Mr. Vonderheide (03:37:15):
All right. And so you've got the Circle K video, you've got the surveillance video from the veterinary clinic. Did any more video get revealed around that time?
Detective Lance Moore (03:37:25):
So on that day, we were leapfrogging essentially up Belcher Road as we would see the Toyota Tundra, and then we would move forward as we continued on and on northbound, doing the best that we could as fast as we could to try to see where the vehicle went.
Mr. Vonderheide (03:37:42):
And were you one of the detectives that was going to different locations to find surveillance video?
Detective Lance Moore (03:37:45):
Yes.
Mr. Vonderheide (03:37:46):
You specifically, do you recall which addresses you found relevant surveillance video from?
Detective Lance Moore (03:37:52):
One was a, I think it was Seascape Condos on Curlew Place, and then I believe the other was 1612 Explorer Drive from a Mr. Healy.
Mr. Vonderheide (03:38:04):
1612 Explorer Drive, is that up in Tarpon Springs?
Detective Lance Moore (03:38:06):
Yes.
Mr. Vonderheide (03:38:08):
Is that on a road that approaches 511 Seaview Drive?
Detective Lance Moore (03:38:11):
Yes.
Mr. Vonderheide (03:38:11):
Okay. So throughout the course of that day, with your team of detectives, you were able to stitch together, for lack of a better term, a chronological pathway for this red Toyota Tundra. I mean the gray Toyota Tundra with the red covered in a blue cart in the bed of the truck?
Detective Lance Moore (03:38:29):
Yes. Originally the 22nd we had developed and worked our way up to the area of Klosterman Road. That was the ending day for the 22nd. That was information that we received from Detective Gay for a flock camera head. And so that concluded our day for the 22nd. The 23rd would've been the Explorer Drive video. That's when our team had continued working in that area of the Tarpon Springs where we gathered video that did lead to Seaview.
Mr. Vonderheide (03:38:57):
All right. And was one of the acquisition of surveillance video from Dr. Kosowski's neighborhood, 504 Seaview?
Detective Lance Moore (03:39:05):
Yes.
Mr. Vonderheide (03:39:06):
And did that show the same gray Toyota Tundra TRD Pro with a wagon in the back and a red cover of the wagon?
Detective Lance Moore (03:39:12):
Yes.
Mr. Vonderheide (03:39:14):
So as a result of the information you had obtained March 21, 22 and throughout the course of March 23, did somebody with your agency author a search warrant that was submitted to the court?
Detective Lance Moore (03:39:26):
Yes.
Mr. Vonderheide (03:39:27):
And that search warrant was signed by a judge?
Detective Lance Moore (03:39:31):
Yes.
Mr. Vonderheide (03:39:32):
Probable cause was found?
Detective Lance Moore (03:39:33):
Yes.
Mr. Vonderheide (03:39:34):
And could your agency serve the search warrant?
Detective Lance Moore (03:39:37):
No, sir.
Mr. Vonderheide (03:39:38):
Okay. Why not?
Detective Lance Moore (03:39:39):
It was out of our jurisdiction.
Mr. Vonderheide (03:39:40):
Okay. So who was tasked with the responsibility of being the main case agents on serving the search warrant?
Detective Lance Moore (03:39:45):
Officers with the Tarpon Springs Police Department and the Pinellas County Sheriff's Office.
Mr. Vonderheide (03:39:50):
So since it was Largo's case, were you there at 511 Seaview to observe but not to seize anything?
Detective Lance Moore (03:39:57):
Yes.
Mr. Vonderheide (03:39:58):
Okay. So were you one of the people who was tasked with observing while Tarpon Springs served the search warrant?
Detective Lance Moore (03:40:04):
Yes.
Mr. Vonderheide (03:40:04):
All right. And do you know who you were partnered up with from Tarpon Springs?
Detective Lance Moore (03:40:08):
Detective Miller with the Tarpon Springs Police Department.
Mr. Vonderheide (03:40:11):
Okay. And did Detective Miller and Major Crawford and Detective Melton from Tarpon Springs, did they all review the search warrant while you were there so they knew what they were looking for?
Detective Lance Moore (03:40:20):
Yes.
Mr. Vonderheide (03:40:21):
Okay. And did they clear Dr. Kosowski's residence?
Detective Lance Moore (03:40:24):
The members of their SWAT team initially cleared the residence, yes.
Mr. Vonderheide (03:40:28):
Was Pinellas County Sheriff's Office CSI forensic technicians there as well?
Detective Lance Moore (03:40:32):
Yes.
Mr. Vonderheide (03:40:32):
Okay. How long were you there at 511 Seaview?
Detective Lance Moore (03:40:37):
We arrived there, I believe around midday on the 23rd. We remained in the roadway until the search warrant was obtained. I still remained on scene while the initial search was conducted inside the residence. And at approximately 2:30 or 2:50 in the morning on the 24th is when I went inside with Detective Miller, and I think we finally exited the residence at, I believe, around 6:00 AM that morning.
Mr. Vonderheide (03:41:11):
Okay. So now we're what, March 24th, right?
Detective Lance Moore (03:41:15):
Yes, sir.
Mr. Vonderheide (03:41:15):
March 24th. Obviously the investigation's continuing, right?
Detective Lance Moore (03:41:20):
Correct.
Mr. Vonderheide (03:41:21):
At some point, does Dr. Kosowski return to Pinellas County, Florida?
Detective Lance Moore (03:41:27):
Yes.
Mr. Vonderheide (03:41:30):
You're in the cyber crimes unit. Were you also tasked with finding information about cell phones and digital devices, electronics, this kind of thing?
Detective Lance Moore (03:41:39):
Yes.
Mr. Vonderheide (03:41:39):
Okay. At some point, did you find out that Dr. Kosowski was a part of a telephone court conference at some point on the March 21st, 2023?
Detective Lance Moore (03:41:51):
Yes. We'd received that information early on in the investigation.
Mr. Vonderheide (03:41:55):
As a result of that, did you have a phone number for Dr. Kosowski?
Detective Lance Moore (03:41:58):
Yes.
Mr. Vonderheide (03:41:59):
Okay. Do you know how quickly you had a phone number for him?
Detective Lance Moore (03:42:01):
I believe originally it would've been on the second day we were provided with a phone number, in addition to detectives talking with neighbors and obtaining a phone number for him as well.
Mr. Vonderheide (03:42:14):
All right. Is that typical for you to go through multiple sources to confirm that you had the right phone number?
Detective Lance Moore (03:42:19):
Yes.
Mr. Vonderheide (03:42:22):
All right. As a result of that investigation, did you seek out phone records from T-Mobile?
Detective Lance Moore (03:42:27):
Yes.
Mr. Vonderheide (03:42:28):
All right. And what kind of phone records did you seek out from him?
Detective Lance Moore (03:42:30):
It was the cell site history, which would conduct the call detail records, data usage, and timing advance data.
Mr. Vonderheide (03:42:37):
Do you recall the date it was that you sought those records out?
Detective Lance Moore (03:42:40):
I believe that would've been March the 24th.
Mr. Vonderheide (03:42:41):
Okay. And does that require a court order as well?
Detective Lance Moore (03:42:45):
Yes.
Mr. Vonderheide (03:42:45):
So a judge has to sign off on that?
Detective Lance Moore (03:42:47):
Yes.
Mr. Vonderheide (03:42:48):
Did T-Mobile answer?
Detective Lance Moore (03:42:50):
Yes, they replied back.
Mr. Vonderheide (03:42:51):
Okay. Was it an exigency basis?
Detective Lance Moore (03:42:54):
Yes, to their extent it was.
Mr. Vonderheide (03:42:57):
Okay. And did they get back to you quicker than normal?
Detective Lance Moore (03:43:00):
Yes, quicker than normal, but it still was... I believe we received the records on the 29th.
Mr. Vonderheide (03:43:06):
Okay. So those are already in evidence yesterday we put into evidence, but you did receive T-Mobile records originally from March 14th, 2023 until March 21st, 2023?
Detective Lance Moore (03:43:17):
Correct.
Mr. Vonderheide (03:43:18):
All right. Because of the way they calculate their time using UTC, did those records kind of, for lack of a better term, cut off early on that day, the 21st?
Detective Lance Moore (03:43:31):
Yes, they would've ended around midnight and UTC time on the 21st.
Mr. Vonderheide (03:43:35):
All right. So at the time it was. The change had already... Time change had happened, right?
Detective Lance Moore (03:43:40):
Yes. I believe it had happened on the 12th or the 15th of that month.
Mr. Vonderheide (03:43:46):
Okay. So what are we at negative hours for UTC then?
Detective Lance Moore (03:43:49):
So before the time change would've been minus five, after is minus four.
Mr. Vonderheide (03:43:53):
Okay. So it ended at midnight UTC, but would actually ended at 8:00 PM?
Detective Lance Moore (03:43:58):
Correct.
Mr. Vonderheide (03:44:01):
And so did you order additional records from March 21 to March 26th of 2023?
Detective Lance Moore (03:44:08):
Yes.
Mr. Vonderheide (03:44:08):
All right. We'll talk about when you charted it out, but can you get detailed records from a phone company if you get it fast enough?
Detective Lance Moore (03:44:20):
Yes. If we retain it fast enough, we can map that.
Mr. Vonderheide (03:44:22):
Did that happen in this case?
Detective Lance Moore (03:44:24):
Yes.
Mr. Vonderheide (03:44:24):
All right. Did you receive what's called timing advance data in this case?
Detective Lance Moore (03:44:27):
Yes. I received the updated records on the 30th.
Mr. Vonderheide (03:44:31):
Okay. And those updated records on March 30th included the precise timing advance data?
Detective Lance Moore (03:44:36):
Correct.
Mr. Vonderheide (03:44:36):
Okay. Let's go back. Dr. Kosowski is stopped by Tarpon Springs Police Department on... do you remember the date?
Detective Lance Moore (03:44:46):
March 25th.
Mr. Vonderheide (03:44:46):
Okay. Did you go to 34 Orange Street where he was pulled over?
Detective Lance Moore (03:44:51):
Yes.
Mr. Vonderheide (03:44:52):
All right. And what agencies were present there?
Detective Lance Moore (03:44:56):
Tarpon Springs Police Department and I believe the Pinellas County Sheriff's Office.
Mr. Vonderheide (03:45:00):
Okay. Was the members of your agency there as well?
Detective Lance Moore (03:45:03):
Yes.
Mr. Vonderheide (03:45:04):
Was it marked units with Tarpon Springs PD that took him and detained him?
Detective Lance Moore (03:45:09):
So I did not arrive when the original traffic stop took place. My response was later that evening.
Mr. Vonderheide (03:45:15):
Okay. So tell me about your response later that evening. What did you have to do?
Detective Lance Moore (03:45:19):
So I was requested and delegated to obtain a DNA or body warrant, which I obtained that night.
Mr. Vonderheide (03:45:26):
So you were what's called the athlete, you're the sworn witness to that?
Detective Lance Moore (03:45:30):
Yes, sir.
Mr. Vonderheide (03:45:32):
And you had to type it out?
Detective Lance Moore (03:45:33):
Yes.
Mr. Vonderheide (03:45:33):
So we had just gotten this new electronic warrant system called Cloud Gavel. Was a body warrant available on Cloud Gavel yet at that time?
Detective Lance Moore (03:45:44):
No, sir.
Mr. Vonderheide (03:45:45):
Did collectively, I guess we'll say, did we all try to call the owner of Cloud Gavel to get it on electronically that night?
Detective Lance Moore (03:45:51):
Yes.
Mr. Vonderheide (03:45:52):
Okay. Was it a success?
Detective Lance Moore (03:45:53):
No.
Mr. Vonderheide (03:45:54):
All right. So you had to do the warrant the old fashioned way, right?
Detective Lance Moore (03:45:56):
Yes, sir.
Mr. Vonderheide (03:45:57):
Was that warrant at the time sealed?
Detective Lance Moore (03:46:00):
Yes, sir.
Mr. Vonderheide (03:46:00):
Okay. And at the time, if it's a paper warrant, did that require tape markers and envelopes?
Detective Lance Moore (03:46:07):
Yes.
Mr. Vonderheide (03:46:07):
All right. So was that an additional period of time that you had to do to require that materials?
Detective Lance Moore (03:46:12):
Yes. Once it was typed up, we then had to print it out, go to that printer, obtain those contents and that material such as the tape.
Mr. Vonderheide (03:46:19):
Okay. So then you went to a judge's house, had it signed, probable cause was issued, right?
Detective Lance Moore (03:46:25):
Yes, sir.
Mr. Vonderheide (03:46:25):
All right. Dr. Kosowski was in Tarpon Springs in Pinellas County, Florida. Was your agency able to serve that warrant?
Detective Lance Moore (03:46:34):
I transported the warrant and provided it to our detectives who then provided it to, I believe it would've been Pinellas County Sheriff's Office.
Mr. Vonderheide (03:46:43):
Okay. So the sheriff's office served the search warrant, read it to him and processed his body?
Detective Lance Moore (03:46:47):
I'm not sure who had read that warrant to him, but I do know that their forensic technicians processed his body.
Mr. Vonderheide (03:46:55):
Okay. And then when you say body worn, are you talking photographs, you're talking nail clippings, buccal swabs?
Detective Lance Moore (03:47:01):
Yes, sir.
Mr. Vonderheide (03:47:03):
Okay. So let's move on. You've issued the court orders for the cell phone records. As a result of Dr. Kosowski's arrest, did you obtain any electronic devices?
Detective Lance Moore (03:47:15):
Yes.
Mr. Vonderheide (03:47:15):
Okay. Did a member of Pinellas County Sheriff's Office or Tarpon Springs actually seize them and pull them out of the car?
Detective Lance Moore (03:47:23):
Yes.
Mr. Vonderheide (03:47:24):
All right. Were they placed in what's called a Faraday bag?
Detective Lance Moore (03:47:27):
Yes.
Mr. Vonderheide (03:47:27):
What's that?
Detective Lance Moore (03:47:28):
It's a bag that essentially blocks any signals for the cell phone.
Mr. Vonderheide (03:47:32):
Why do you do that?
Detective Lance Moore (03:47:34):
To protect and preserve the evidence.
Mr. Vonderheide (03:47:36):
Okay. What devices did Tarpon Springs or Pinellas County Sheriff's Office take out of Dr. Kosowski's Corolla?
Detective Lance Moore (03:47:45):
They had an iPhone 12 Pro Max and a TracFone wireless device.
Mr. Vonderheide (03:47:50):
So having obtained those two electronic devices, did the TracFone appear to be functional?
Detective Lance Moore (03:47:56):
It was functional. Okay.
Mr. Vonderheide (03:47:58):
What about the iPhone?
Detective Lance Moore (03:47:59):
Yes, the iPhone was functional as well. It was powered on.
Mr. Vonderheide (03:48:02):
All right. Now, can you just get into the device of a person?
Detective Lance Moore (03:48:07):
No, sir. Not without a warrant.
Mr. Vonderheide (03:48:08):
All right. Did you obtain a warrant?
Detective Lance Moore (03:48:10):
Yes, sir.
Mr. Vonderheide (03:48:11):
And a warrant for the TracFone and an additional warrant for the iPhone 12?
Detective Lance Moore (03:48:16):
Yes, sir.
Mr. Vonderheide (03:48:18):
Did you submit it to a judge?
Detective Lance Moore (03:48:19):
Yes, sir.
Mr. Vonderheide (03:48:19):
Signed, found probable cause?
Detective Lance Moore (03:48:21):
Yes, sir.
Mr. Vonderheide (03:48:22):
So what do you do from then when the warrant is signed and you now have authorization to download a cell phone?
Detective Lance Moore (03:48:29):
So once we have the search warrant assigned for the device, it then allows us to try and obtain an extraction of that device. Cell phone extraction is essentially, if it's for the device itself, representing my notebook, I'm trying to make a copy of that for us to have an analysis of. So we connect the device to either GrayKey or Selfark Premium if the device is locked, which in this case it was, and we obtained that extraction.
Mr. Vonderheide (03:48:56):
Okay. So which device did you start with?
Detective Lance Moore (03:48:58):
I began with the iPhone.
Mr. Vonderheide (03:49:00):
Okay. Did you have the passcode at that point?
Detective Lance Moore (03:49:02):
No, sir.
Mr. Vonderheide (03:49:03):
All right. So if you don't have a passcode for an iPhone, are you getting a lot of information out of it?
Detective Lance Moore (03:49:07):
It depends on if the device is supported or not. In that instance, the device was currently supported, so I was able to obtain an AFU or an after first unlock extraction. That extraction, I would estimate would probably obtain maybe 80 to 90% of the data. However, you would still be missing out on some health data, emails, and potential location data.
Mr. Vonderheide (03:49:30):
So let's talk about the TracFone device. Did you also download that device?
Detective Lance Moore (03:49:34):
Yes. The TracFone device was originally found to be off, but I transported that to the Pinellas County Sheriff's Office and utilized their Selfark Premium and was able to obtain an extraction for that, which because it had a passcode to it was able to be unlocked through brute force and that passcode was obtained.
Mr. Vonderheide (03:49:53):
Okay. So you got a passcode from a TracFone?
Detective Lance Moore (03:49:55):
Yes, sir.
Mr. Vonderheide (03:49:56):
What did your spider census tell you about that passcode?
Detective Lance Moore (03:49:59):
It was just a matter of trying to see if that same passcode might have worked for the iPhone as well.
Mr. Vonderheide (03:50:03):
Did it?
Detective Lance Moore (03:50:04):
Yes.
Mr. Vonderheide (03:50:04):
Okay. So you now have the passcode for the iPhone?
Detective Lance Moore (03:50:08):
Yes.
Mr. Vonderheide (03:50:08):
All right. Were you able to do a full extraction of that iPhone?
Detective Lance Moore (03:50:11):
Yes. It's full file system extraction.
Mr. Vonderheide (03:50:14):
So as a result of that, did you do a digital analysis, forensic analysis on the TracFone?
Detective Lance Moore (03:50:20):
Yes. I used the full file system extraction to do that analysis.
Mr. Vonderheide (03:50:23):
Anything remarkable or germane to the investigation on the TracFone?
Detective Lance Moore (03:50:28):
On the TracFone, no.
Mr. Vonderheide (03:50:29):
Okay. Did it appear that it was like, for lack of a better term, like a burner phone, like a different alternative phone number?
Detective Lance Moore (03:50:35):
It appeared to be so. The dates were very off as if it had not been utilized often.
Mr. Vonderheide (03:50:41):
Okay. Well, let's talk about the iPhone. You got a full download of it. Were you able to conduct an analysis on that device?
Detective Lance Moore (03:50:47):
Yes.
Mr. Vonderheide (03:50:50):
What tools did you use to do an analysis on that?
Detective Lance Moore (03:50:52):
As I previously mentioned, I utilized Magnet Axiom, I utilized Cellebrite, I also utilized RX and Oxygen Forensic Detective.
Mr. Vonderheide (03:51:02):
Okay.
Detective Lance Moore (03:51:00):
... and Oxygen Forensic Detective.
Mr. Vonderheide (03:51:02):
Okay. So when you download the device, do you get all the raw data and then you can use your own tools to analyze it?
Detective Lance Moore (03:51:08):
So the programs will parse that data into an analytical and readable format.
Mr. Vonderheide (03:51:15):
Okay. And you were able to do that in this case?
Detective Lance Moore (03:51:18):
Yes.
Mr. Vonderheide (03:51:20):
Before I go over there and get the evidence, did you also authorize a court order to obtain iCloud information for Dr. Kosowski?
Detective Lance Moore (03:51:28):
Yes.
Mr. Vonderheide (03:51:28):
Do you remember what date you did the order or requested from the court the iCloud information?
Detective Lance Moore (03:51:34):
I believe that was on April the 5th.
Mr. Vonderheide (03:51:37):
Okay. And then when did they return that to you?
Detective Lance Moore (03:51:39):
I believe that was April the 21st.
Mr. Vonderheide (03:51:42):
Were they able to answer the request?
Detective Lance Moore (03:51:44):
Yes.
Mr. Vonderheide (03:51:44):
And when I say court order, is that a warrant as well?
Detective Lance Moore (03:51:46):
Yes.
Mr. Vonderheide (03:51:47):
All right. So probable cause to a judge, judge finds the probable cause and then you get a warrant?
Detective Lance Moore (03:51:52):
Yes.
Mr. Vonderheide (03:51:53):
When they gave it to you, do you know how big, what size the digital file was that you received?
Detective Lance Moore (03:52:01):
Their original file would've been small because it is essentially a link with a secure passcode that one has to, then I go to that link, enter the passcode and then download that data.
Mr. Vonderheide (03:52:11):
So their records custodian assembles a bunch of links and then you download those links?
Detective Lance Moore (03:52:15):
Yes.
Mr. Vonderheide (03:52:16):
And did you do that in this case?
Detective Lance Moore (03:52:17):
Yes.
Mr. Vonderheide (03:52:18):
All right. And given that, were you able to do a digital forensic analysis of his iCloud information?
Detective Lance Moore (03:52:24):
Yes.
Mr. Vonderheide (03:52:25):
All right. And what tools did you use to do that?
Detective Lance Moore (03:52:27):
I used Cellebrite Physical Analyzer.
Mr. Vonderheide (03:52:29):
Okay. May I approach [inaudible 03:52:33]
Richard Kules (03:52:29):
You may.
Mr. Vonderheide (03:53:07):
Is this is the wrong day that the phone has been [inaudible 03:53:08] the defense? This is your iPhone?
Tomasz Kosowski (03:53:08):
No.
Mr. Vonderheide (03:53:08):
Okay. This is your iCloud data. This is the [inaudible 03:53:14] which has been removed from evidence.com [inaudible 03:53:17]. Okay. May I approach the witness?
Richard Kules (03:53:08):
You may.
Mr. Vonderheide (03:53:21):
I'm going to show you State's ID 122. Take a look at State's 122 and tell me if you recognize at least the sealed portion of it.
Detective Lance Moore (03:53:31):
Yes.
Mr. Vonderheide (03:53:32):
What is in the sealed portion?
Detective Lance Moore (03:53:34):
This is a thumb drive containing the iCloud return for Mr. Kosowski.
Mr. Vonderheide (03:53:38):
Okay. That's what Apple sent you pursuant to your request?
Detective Lance Moore (03:53:41):
Yes.
Mr. Vonderheide (03:53:41):
And Your Honor, at this time I request to move into evidence State's ID 122. State's 122, I will say that this is a business record. Certification comports with the statute 9803 sub six, 9902 sub 11. And I filed a request to include this back in March of 2025. March 18th, I believe. So we're seeking to move in 122 as 122.
Richard Kules (03:54:03):
Any objection?
Tomasz Kosowski (03:54:04):
Yes, Your Honor.
Richard Kules (03:54:05):
All right. Is that based on the search warrant?
Tomasz Kosowski (03:54:06):
Yes, sir.
Richard Kules (03:54:06):
All right. Overruled. It's admitted.
Mr. Vonderheide (03:54:12):
All right. Now 123, State's Exhibit 123 for identification purposes, take a look at that.
Detective Lance Moore (03:54:16):
Yes.
Mr. Vonderheide (03:54:16):
Do you recognize that?
Detective Lance Moore (03:54:17):
I do.
Mr. Vonderheide (03:54:17):
What's it called?
Detective Lance Moore (03:54:18):
This is a thumb drive containing the iPhone pull file system extraction.
Mr. Vonderheide (03:54:24):
Okay. That is the download of the extraction of the phone that you did pursuant to the search warrant?
Detective Lance Moore (03:54:28):
Yes. This would be the raw data.
Mr. Vonderheide (03:54:30):
Okay. And you put this in a form to enter into court, it saves all the data from the cell phone and you sealed it off?
Detective Lance Moore (03:54:36):
Yes.
Mr. Vonderheide (03:54:37):
And that's-
Detective Lance Moore (03:54:37):
My signature.
Mr. Vonderheide (03:54:38):
Your Honor, at this time I request to move into evidence State's ID 123 to State's 123.
Richard Kules (03:54:43):
All right. And you're objecting based on the same basis?
Tomasz Kosowski (03:54:46):
Yes, Your Honor.
Richard Kules (03:54:47):
All right. Overruled. It's admitted.
Mr. Vonderheide (03:54:51):
Let me show you State's Exhibit 120 for ID purposes. Do you recognize anything on that disc?
Detective Lance Moore (03:55:09):
Yes, my signature along with today's date.
Mr. Vonderheide (03:55:11):
Okay. And the contents of that disc, are those relevant reports pulled from a very large Cellebrite document that was discovered from the defense?
Detective Lance Moore (03:55:21):
Yes.
Mr. Vonderheide (03:55:23):
Okay. And they were fair and accurate depictions of portions of the Cellebrite [inaudible 03:55:25]?
Detective Lance Moore (03:55:25):
Yes.
Mr. Vonderheide (03:55:26):
All right, Your Honor. At this time I request to move into evidence State's ID 120 and State's 120.
Richard Kules (03:55:31):
Any objection?
Tomasz Kosowski (03:55:32):
The search warrant and I was never able to see that evidence.
Mr. Vonderheide (03:55:35):
Yeah. I'll bring it over. I forgot.
Tomasz Kosowski (03:55:37):
No, I meant I wasn't able to even see it beforehand. I have no idea what the contents of Cellebrite report is.
Mr. Vonderheide (03:55:42):
[inaudible 03:55:42]. It was disclosed on evidence.com. [inaudible 03:55:47]
Tomasz Kosowski (03:55:48):
Do you think we have access to Cellebrite in the jail?
Mr. Vonderheide (03:55:51):
It's a PDF report. It's a PDF.
Richard Kules (03:55:56):
All right. So that was sent to him in discovery.
Mr. Vonderheide (03:56:00):
The initial very large report was sent in discovery many times as part of the original evidence.com to his first set of lawyers and to his second set of lawyers on hard drive evidence.com link. And then should be on the hard drive submitted to him as well. Kosowski iCloud I believe is maybe the name of the zip file.
Richard Kules (03:56:19):
All right. So it's admitted.
Mr. Vonderheide (03:56:24):
Next, I'm going to show you what's been previously marked as State's ID 121. I'm sorry. [inaudible 03:56:35] your cell phone data to travel. You already seen those videos. PowerPoints. So these are just [inaudible 03:56:43]
Tomasz Kosowski (03:56:43):
I don't think I have.
Mr. Vonderheide (03:56:45):
Do you want to see them now?
Tomasz Kosowski (03:56:47):
Sure.
Mr. Vonderheide (03:56:47):
Before they're admitted?
Tomasz Kosowski (03:56:48):
Is it this?
Mr. Vonderheide (03:56:49):
It's been in that PowerPoint from the beginning and then there was a discovery to you on the first day of trial that said you could view the other one and we request to view the other one. So that's what these are.
Tomasz Kosowski (03:56:59):
Sorry. To view what?
Mr. Vonderheide (03:57:02):
To view the March 17th. We charted your travels on March 17th and it's in an MP4 and it was on discovery on Monday. We gave you a notice that said you could watch it if you wanted to before.
Tomasz Kosowski (03:57:14):
Oh, we can't see MP4. It's in the jail. I mean, we don't have PowerPoint. We don't have any of this stuff.
Mr. Vonderheide (03:57:19):
Do you want to look at it now?
Tomasz Kosowski (03:57:20):
Sure.
Mr. Vonderheide (03:57:22):
Your Honor, I think before this is admitted, he would like to look at it. To be fair, this was discovered on Monday with the parenthetical that said Dr. Kosowski can view it on request should he need to because there's no good way to give it to him in court. So if you want me to produce this, I can produce it now before it's admissibility.
Richard Kules (03:57:40):
All right. I think you mentioned that before we started the trial on Monday, but how long will it take for him to review that?
Mr. Vonderheide (03:57:47):
It's five seconds of video.
Richard Kules (03:57:48):
Five seconds.
Tomasz Kosowski (03:57:48):
Then that's okay.
Mr. Vonderheide (03:57:48):
It's maybe-
Tomasz Kosowski (03:57:49):
It's all right then. Let's just proceed.
Mr. Vonderheide (03:57:53):
All right.
Richard Kules (03:57:54):
So let's proceed then.
Mr. Vonderheide (03:57:55):
All right. So State's, okay. So I don't remember where I'm at. State's Exhibit 120. I was seeking to admit that evidence as Exhibit 120.
Tomasz Kosowski (03:58:03):
I think that's in.
Mr. Vonderheide (03:58:03):
That's it. All right, good deal. So State's Exhibit 121 for identification purposes, did you take a look at that disc?
Detective Lance Moore (03:58:11):
Yes.
Mr. Vonderheide (03:58:12):
All right. And the contents of that disc, is that something that you created?
Detective Lance Moore (03:58:16):
Yes.
Mr. Vonderheide (03:58:17):
All right. And is that a charting of cell phone advanced data points that is in a recording, for lack of a better term, a video recording to show movement on a map?
Detective Lance Moore (03:58:26):
Yes.
Mr. Vonderheide (03:58:27):
All right. And that was actually, three of these was in your original PowerPoint that you authored back in April of 2023?
Detective Lance Moore (03:58:36):
Yes.
Mr. Vonderheide (03:58:37):
Okay. Your Honor, at this time, and then the other one was created because there was maybe a date of interest of March 17th of 2023, and those data points were charted on there as well?
Detective Lance Moore (03:58:45):
Correct.
Mr. Vonderheide (03:58:47):
Okay. Your Honor, at this time I request to move into evidence State's ID 121 and State's 121.
Richard Kules (03:58:52):
Any objection to this?
Tomasz Kosowski (03:58:53):
Yes, Your Honor.
Richard Kules (03:58:54):
All right. Based on ...
Tomasz Kosowski (03:58:55):
Based on search warrant, based on I haven't seen it.
Richard Kules (03:58:57):
All right. Well, you waived that one, right?
Tomasz Kosowski (03:58:59):
Okay.
Richard Kules (03:59:00):
So if you want to see it now, you can ...
Tomasz Kosowski (03:59:02):
Okay.
Richard Kules (03:59:02):
[inaudible 03:59:04]
Tomasz Kosowski (03:59:03):
We'll just proceed with the search warrant.
Richard Kules (03:59:04):
All right. Very good. So that's overruled. It's admitted.
Mr. Vonderheide (03:59:08):
I'm going to show you State's Exhibit 119 for identification purposes. Tell me if you recognize that.
Detective Lance Moore (03:59:12):
I do.
Mr. Vonderheide (03:59:13):
And how do you recognize that?
Detective Lance Moore (03:59:15):
It was a thumb drive that I previously reviewed containing data that I assembled, which is a PowerPoint.
Mr. Vonderheide (03:59:20):
Okay. And that PowerPoint, you drafted the original one back in that month?
Detective Lance Moore (03:59:28):
It would've been in April of 2023.
Mr. Vonderheide (03:59:30):
Okay. So for the purposes of presenting it, correct?
Detective Lance Moore (03:59:33):
Yes. It was a way of better understanding the case in the timeline format.
Mr. Vonderheide (03:59:37):
Okay. Now, have you made some additions and deletions? Well, not deletions, but additions to the PowerPoint?
Detective Lance Moore (03:59:43):
I have.
Mr. Vonderheide (03:59:43):
All right. And this is a fair and accurate depiction of it?
Detective Lance Moore (03:59:43):
Yes.
Mr. Vonderheide (03:59:48):
Your Honor, at this time, I request to move into evidence State's ID 119 as State's 119 and publish, request to publish.
Richard Kules (03:59:56):
All right. Same objection?
Tomasz Kosowski (03:59:57):
Yes, sir.
Richard Kules (03:59:58):
All right. It's overruled. It's admitted and then you may publish.
Mr. Vonderheide (04:00:00):
And may the witness step down?
Richard Kules (04:00:00):
You may.
Mr. Vonderheide (04:01:39):
This dramatic pause is for technological concerns. We're just trying to launch in here on the laptop. There we go. Okay. We got it. All right. So Detective, the document that you've drafted for this PowerPoint presentation, does it incorporate your findings from the cell phone analysis that you did on Dr. Kosowski's phone?
Detective Lance Moore (04:02:07):
It does.
Mr. Vonderheide (04:02:10):
All right. Does it incorporate the analysis that you used from analyzing his iCloud data that you received pursuant to the search warrant?
Detective Lance Moore (04:02:17):
Yes.
Mr. Vonderheide (04:02:18):
All right. Does it analyze and does it put in here in chronological form the surveillance video that would've been admitted independently of you testifying here today?
Detective Lance Moore (04:02:28):
Yes.
Mr. Vonderheide (04:02:28):
Okay. And does it help explain the case and the movement of Dr. Kosowski on the date of March 21st, 2023?
Detective Lance Moore (04:02:36):
Yes.
Mr. Vonderheide (04:02:38):
As well as March 23rd, 2023?
Detective Lance Moore (04:02:41):
Yes.
Mr. Vonderheide (04:02:44):
All right. What are we looking at here?
Detective Lance Moore (04:02:46):
So this is a Google image showing the Blanchard Law Firm location, 142nd Avenue and Belcher Road.
Mr. Vonderheide (04:02:53):
Okay. All right. What are we looking at here?
Detective Lance Moore (04:02:57):
So this image would've been the entrance to the Blanchard Law Firm.
Mr. Vonderheide (04:02:59):
Okay.
Detective Lance Moore (04:03:02):
This is Mr. Cozzi's desk and office area.
Mr. Vonderheide (04:03:05):
Okay. All right. Who is this?
Detective Lance Moore (04:03:08):
This is Mr. Cozzi.
Mr. Vonderheide (04:03:09):
All right. And he was representing the defendants in a lawsuit against Dr. Kosowski, right?
Detective Lance Moore (04:03:15):
Correct.
Mr. Vonderheide (04:03:18):
All right. All right. Who's this?
Detective Lance Moore (04:03:19):
Mr. Kosowski.
Mr. Vonderheide (04:03:20):
Thank you. All right. So your first responding officers met with Jake Blanchard?
Detective Lance Moore (04:03:28):
Yes.
Mr. Vonderheide (04:03:28):
And who was that?
Detective Lance Moore (04:03:29):
He was the complainant or the person that called into us to report Mr. Cozzi as disappearing.
Mr. Vonderheide (04:03:35):
Okay. What are we looking at here?
Detective Lance Moore (04:03:38):
So this is the overall floor plan that I had obtained and put together. This would've been the main entrance, which was one of the first pictures that we saw of that front door. This is the conference room area, which was actually Steven's office. This was a utility closet, and these are the bathrooms where the incident took place.
Mr. Vonderheide (04:03:59):
Okay. Now when you go into that building, those bathrooms are kind of, for lack of a better term, they're kind of walled off from the rest of the suites, right?
Detective Lance Moore (04:04:07):
Yes. You almost have this section of the building and then that is a separate area.
Mr. Vonderheide (04:04:13):
Okay. All right. What we looking at here?
Detective Lance Moore (04:04:17):
As one would walk into that front entrance area, this is the first thing that they would see, and you can make out the bathroom placard right there on the wall.
Mr. Vonderheide (04:04:27):
All right. Now where you had to view the surveillance video, where was that in relation to this photograph?
Detective Lance Moore (04:04:31):
So I viewed the surveillance video, it would've been the southern portion of the building.
Mr. Vonderheide (04:04:35):
Okay.
Detective Lance Moore (04:04:35):
Far away from here.
Mr. Vonderheide (04:04:36):
Okay.
Detective Lance Moore (04:04:39):
This is a view looking out as if one were exiting that main entrance area, and this is the veterinary clinic that you can see there.
Mr. Vonderheide (04:04:47):
Is that John Lennon mural kind of behind you right now?
Detective Lance Moore (04:04:50):
Yes.
Mr. Vonderheide (04:04:50):
Okay.
Detective Lance Moore (04:04:53):
That would've been one of the entrance to the law firm itself.
Mr. Vonderheide (04:04:57):
Now it looks like there's like a doorbell camera kind of thing on the wall there?
Detective Lance Moore (04:05:02):
Yes.
Mr. Vonderheide (04:05:02):
Was that functional?
Detective Lance Moore (04:05:04):
Not to my knowledge, no.
Mr. Vonderheide (04:05:05):
Okay. And they would've probably alerted the guy who's looking for surveillance video, right?
Detective Lance Moore (04:05:08):
Yes.
Mr. Vonderheide (04:05:09):
All right. So nobody alerted you to surveillance video?
Detective Lance Moore (04:05:11):
No, sir.
Mr. Vonderheide (04:05:12):
Okay.
Detective Lance Moore (04:05:14):
Again, this is Mr. Cozzi's desk and office area.
Mr. Vonderheide (04:05:17):
Now when we saw that blueprint before, where does that go out to? Does Mr. Cozzi's office have a door camera?
Detective Lance Moore (04:05:24):
Yes.
Mr. Vonderheide (04:05:24):
Where's that go?
Detective Lance Moore (04:05:25):
That door exits out towards the bathroom area.
Mr. Vonderheide (04:05:28):
So I believe there's an arrow in there to show that?
Detective Lance Moore (04:05:31):
Yes.
Mr. Vonderheide (04:05:35):
All right. So what do we got here?
Detective Lance Moore (04:05:36):
So this is an overall perspective, again, using Google Maps. This is Mr. Kosowski's home, and here at the bottom of the screen is the Blanchard Law Firm, just to kind of help show distance as an example.
Mr. Vonderheide (04:05:48):
Okay. All right. So what are we looking at here?
Detective Lance Moore (04:05:53):
So this is information that was obtained from the Cellebrite Physical Analyzer involving Mr. Kosowski's device. And this is from December the 12th, 2022 with an initial conversation about the purchase of the Tundra with Mr. Otto.
Mr. Vonderheide (04:06:09):
Okay. So this was from Dr. Kosowski's device?
Detective Lance Moore (04:06:14):
Yes.
Mr. Vonderheide (04:06:18):
Is that a log for the picture?
Detective Lance Moore (04:06:19):
Yes. At the bottom of the initial screen, you could see that the picture was sent to Mr. Kosowski about the truck. And this is saying, here's the picture at the dealer after they removed the plastic.
Mr. Vonderheide (04:06:31):
Okay, so that's-
Detective Lance Moore (04:06:31):
And there was the image that was sent.
Mr. Vonderheide (04:06:32):
So that's before any of the sort of customizations we see on the truck?
Detective Lance Moore (04:06:35):
Yes.
Mr. Vonderheide (04:06:39):
All right. So what do we got here? And we're moving chronologically, right?
Detective Lance Moore (04:06:42):
Correct.
Mr. Vonderheide (04:06:43):
Okay. So what do we have here from the devices?
Detective Lance Moore (04:06:45):
So this is from the iCloud itself, but this was from web history. And in preparation for this, I put together this slide by using the link that was there that you could see that was accessed through the iCloud history for Mr. Kosowski, and I then followed that link. So this is present day, what that same link now looks like.
Mr. Vonderheide (04:07:09):
Okay. And that was the January 26th, 2023 web search you obtained from iCloud?
Detective Lance Moore (04:07:15):
Yes. And that would've been at 6:51 PM with the time converted.
Mr. Vonderheide (04:07:19):
Okay. So UTC at that time is not the time change, right? So it's still in the fall.
Detective Lance Moore (04:07:23):
Correct. That's before.
Mr. Vonderheide (04:07:24):
So on January 26th of 2023 at 6:51 and 13 seconds, he's searching Steven Cozzi through internet sources?
Detective Lance Moore (04:07:34):
Yes.
Mr. Vonderheide (04:07:35):
Okay. All right. What is this search?
Detective Lance Moore (04:07:39):
So again, from the iCloud, from the return, but this would've been a Google search for 1957 Whitney Way.
Mr. Vonderheide (04:07:46):
What's 1957 Whitney Way?
Detective Lance Moore (04:07:49):
That is Mr. Cozzi's residence.
Mr. Vonderheide (04:07:51):
Okay. And this was, again, January 26th, 2023, 6:51 and 47 seconds?
Detective Lance Moore (04:07:56):
Yes.
Mr. Vonderheide (04:07:59):
All right. What's this?
Detective Lance Moore (04:08:01):
So this is some web history that I observed for February the 10th, 2023. Again, we're referring to the iCloud return that was obtained, but this is from a gorilla, it appears to be from their website themselves for the company involving Gorilla Carts.
Mr. Vonderheide (04:08:17):
Okay. What do we got here?
Detective Lance Moore (04:08:22):
So this is from amazon.com, which was their site in present day. If you follow that link, that was taken on February the 10th at 9:44 PM.
Mr. Vonderheide (04:08:34):
So you were at [inaudible 04:08:37]?
Detective Lance Moore (04:08:37):
Yes.
Mr. Vonderheide (04:08:37):
Did you ever go in the garage for that search warrant?
Detective Lance Moore (04:08:39):
I did.
Mr. Vonderheide (04:08:40):
All right. Did you observe a Gorilla Cart there?
Detective Lance Moore (04:08:41):
I did.
Mr. Vonderheide (04:08:42):
What did it look like?
Detective Lance Moore (04:08:45):
I just remember seeing one there. It almost resembled this one itself.
Mr. Vonderheide (04:08:50):
Did it have a yellow handle on it?
Detective Lance Moore (04:08:52):
I believe so, yes.
Mr. Vonderheide (04:08:53):
Okay. What are we looking at here?
Detective Lance Moore (04:08:58):
So this one followed the previous search, but it is again on amazon.com. I'm sorry, this one's on walmart.com and it is also for a cart.
Mr. Vonderheide (04:09:12):
Okay.
Detective Lance Moore (04:09:12):
All right. So this image is also from walmart.com, again from the iCloud return on February the 10th at 9:49 PM, again for Gorilla Carts.
Mr. Vonderheide (04:09:22):
Okay.
Detective Lance Moore (04:09:25):
So this one is at 9:48 and 58 seconds, and this one is from Home Depot's website. Again, another search from the iCloud return involving Gorilla Carts.
Mr. Vonderheide (04:09:37):
Okay. All right. What's this?
Detective Lance Moore (04:09:39):
So this was from the iCloud return as well. This was dated on February the 16th. One can see from the metadata down below involving an iPhone 12 Pro Max, and this is from a picture of Michael Montgomery's vehicle, which was at their residence.
Mr. Vonderheide (04:09:54):
Okay. And you confirmed that that's their residence at 1957?
Detective Lance Moore (04:09:56):
Yes.
Mr. Vonderheide (04:09:56):
All right. And one of the ways you confirmed that was how?
Detective Lance Moore (04:10:03):
Through the investigation that we had along with notifications and speaking with them.
Mr. Vonderheide (04:10:07):
All right. And if there's any ambiguity for anybody deliberating on it, there's the address right there, right?
Detective Lance Moore (04:10:14):
Yes. I think there's actually two markers, one here and then one just above.
Mr. Vonderheide (04:10:19):
And the date on that one again was [inaudible 04:10:23]. Sorry.
Detective Lance Moore (04:10:24):
February the 16th of 2023.
Mr. Vonderheide (04:10:26):
Okay. And that was taken by that iPhone, right?
Detective Lance Moore (04:10:29):
Yes.
Mr. Vonderheide (04:10:31):
Okay. And you can tell that from the metadata?
Detective Lance Moore (04:10:33):
Yes.
Mr. Vonderheide (04:10:37):
Okay. What's this?
Detective Lance Moore (04:10:39):
So this is a video that was obtained from the iCloud return dated on February the 22nd of 2023.
Mr. Vonderheide (04:10:44):
Okay. [inaudible 04:10:48]
Detective Lance Moore (04:10:50):
And as I viewed the video itself, this is the actual representation that I observed.
Mr. Vonderheide (04:10:54):
Okay.
Detective Lance Moore (04:10:59):
As I observed the video, one can tell that this was from the Blanchard Law Firm.
Mr. Vonderheide (04:11:36):
All right. What do we see here?
Detective Lance Moore (04:11:38):
Again, this is web history that was observed using the iCloud return. It's February 23rd, 2023. The initial marking I had was going on to eBay.com, so that showed that action. And then if you could zoom out. Following that action, we have license plate flippers and we have two actions there that appear to indicate some searching or activity related to license plate flippers.
Mr. Vonderheide (04:12:11):
Okay.
Detective Lance Moore (04:12:20):
So this is continued sites that were observed and marked.
Mr. Vonderheide (04:12:24):
Is this from his phone or his iCloud?
Detective Lance Moore (04:12:25):
This is from his iCloud return.
Mr. Vonderheide (04:12:25):
Okay.
Detective Lance Moore (04:12:27):
So this was dated on February the 23rd at 1:04 PM with that time converted. And following that, we then have a Google shopping for the same thing for license plate flippers.
Mr. Vonderheide (04:12:43):
Okay.
Detective Lance Moore (04:12:45):
So this is a screenshot that I obtained. It was using the link, so it would've been a recent page just in order to give a representation to the court of what was viewed from that website. And this is motorized license plate flippers.
Mr. Vonderheide (04:12:59):
Okay.
Detective Lance Moore (04:13:03):
So we continue by seeing the iCloud returns, amazon.com link for an Auto Car license plate, two pack license plate cover bracket with a remote control. And this is a different item on Amazon.com, but Tutor Auto Car license plate, electric license plate holder.
Mr. Vonderheide (04:13:27):
What do we have here?
Detective Lance Moore (04:13:33):
So this continues with the iCloud return. This is from March the 2nd, 2023. This was a search done on Google for Pinellas County property appraiser site. As I followed that link in preparation for today, this was what was observed as a Pinellas County property appraiser.
Mr. Vonderheide (04:13:58):
Okay.
Detective Lance Moore (04:13:58):
So this is on March the 2nd, 2023 at 12:19 PM with the time converted. And as I followed the link, this is what appears as Steven Cozzi, Michael Montgomery.
(04:14:13)
So this is a continuation of what appeared to be research being done 12:20 PM, March the 2nd. When following that link, it takes to the tax appraiser site, which identifies 1957 Whitney Way for Mr. Montgomery.
Mr. Vonderheide (04:14:34):
Okay. What's this search?
Detective Lance Moore (04:14:35):
So we're now at March 2nd still at 12:21 PM with the time converted. And this was a Google search for Steven Cozzi, Michael Montgomery wedding done on Firefox. As we continued on, this is at 12:22 PM and this was a search for 1957 Whitney Way in Largo.
Mr. Vonderheide (04:14:58):
All right. And is that with mapping or is that what happens when you click the link?
Detective Lance Moore (04:15:02):
When I clicked the link, this was the observation that I saw.
Mr. Vonderheide (04:15:06):
Okay. So that's not necessarily a screen capture from his phone, but that is the link that you followed through from the device?
Detective Lance Moore (04:15:12):
Yes. As far as clicking that link, that was the screen that I was presented itself.
Mr. Vonderheide (04:15:16):
Okay.
Detective Lance Moore (04:15:20):
So as we continue, this is at 12:22 and 30 seconds PM on March the 2nd. As far as following that link, this was what was presented to me as 1957 Whitney Way, Largo, Florida 33760 Cozzi.
Mr. Vonderheide (04:15:36):
Okay.
Detective Lance Moore (04:15:41):
Continuing on March the 2nd, we're now at 12:22 and 47 seconds, and this was a searchpeoplefree.com. And whenever I clicked on that link, this is how it was presented to me in the page that I viewed it upon, which is for Steven Randall Cozzi and some information referencing him in addition to the address of 1957 Whitney Way.
Mr. Vonderheide (04:16:04):
And that's like a background report kind of searching website?
Detective Lance Moore (04:16:07):
Yes. Appears to be like an open source information.
Mr. Vonderheide (04:16:10):
Okay.
Detective Lance Moore (04:16:13):
So as we continue on, we're still on March the 2nd. We're now at 12:23 and 59 seconds. And upon clicking on that Google search, it takes me to 1958 Whitney Way, Clearwater, Florida 33760 in a map.
Mr. Vonderheide (04:16:28):
All right. What we have here?
Detective Lance Moore (04:16:33):
Still on March the 2nd. We're now at 12:24, five seconds PM. This is a site whenever I clicked on the link and I followed. It's a Google Maps page for 19, it says 1956 Whitney Way here, but the source itself would've been 1958.
Mr. Vonderheide (04:16:52):
Okay. All right. What is this?
Detective Lance Moore (04:17:01):
So this is a 12:27 and one second visit to Pinellas County Public Records. Again, upon visiting that link as a representation, I observed the warranty deed. And as we look at that, we can make out the address, 1957 Whitney Way, Clearwater, Florida 33760 for Michael Montgomery and Steven Cozzi.
Mr. Vonderheide (04:17:25):
So that was viewed, right?
Detective Lance Moore (04:17:25):
Yes.
Mr. Vonderheide (04:17:25):
What do we have here?
Detective Lance Moore (04:17:33):
So now we are at 12:33 and 14 seconds with the time being converted, and it is a website view to zillow.com for 1957 Whitney Way.
Mr. Vonderheide (04:17:46):
Okay.
Detective Lance Moore (04:17:51):
And this is another picture. So upon looking at this and during my review, I was able to see that not only was Zillow observed and for the address where Mr. Cozzi and Mr. Montgomery were residing, but upon going to Zillow, one can see pictures of the home itself and there were multiple ones. I took screenshots of a few of those just to show the representation of that.
Mr. Vonderheide (04:18:26):
All right. What is this?
Detective Lance Moore (04:18:29):
So this was on 12:36 and 39 seconds in the afternoon on March the 2nd, and this was a Google Maps for 501 East Bay Drive, apartment 2901. This is known to me as being the prior residence for Mr. Cozzi.
Mr. Vonderheide (04:18:44):
Okay. All right. So now we're looking, was this from the device or was this from the iCloud? This next slide?
Detective Lance Moore (04:18:54):
So this slide is from the device itself, from the iPhone 12 Pro Max.
Mr. Vonderheide (04:18:57):
Okay. And the device, so I guess we would be remiss if we didn't describe some of the things you get downloaded when you're analyzing the device. Is the Wi-Fi connection data some of those things that you get when you download a device?
Detective Lance Moore (04:19:10):
Yes.
Mr. Vonderheide (04:19:11):
All right. In this particular case, do you recall off the top of your head when the first time Dr. Kosowski's phone connected to the Blanchard Law Firm?
Detective Lance Moore (04:19:20):
I believe the first initial connection may have been in January.
Mr. Vonderheide (04:19:23):
Okay. 2023?
Detective Lance Moore (04:19:24):
Yes.
Mr. Vonderheide (04:19:25):
Okay. So what do we have here?
Detective Lance Moore (04:19:29):
So this would've been once the connection was originally established, if one returns to that same area, you can automatically reconnect again if it is saved on the device. So what we're seeing here is artifacts indicating that on March the 7th of 2023 at approximately 1:13 or 1:17 down here, that Mr. Kosowski's iPhone connected to the BlanchardLaw-guest Wi-Fi. And this is from the Knowledge C database. And then also on March the 17th, it is connected again for about a three-minute time span, BlanchardLaw-guest, again from the knowledgec.db.
Mr. Vonderheide (04:20:10):
From your overall participation in the investigation and having reviewed documents, spoken to witnesses, he wasn't there for any court activities on March 7 or March 17th?
Detective Lance Moore (04:20:22):
Not to my knowledge, no.
Mr. Vonderheide (04:20:24):
Okay. All right. So this is March 14th. Why is that relevant?
Detective Lance Moore (04:20:31):
So this was relevant to me because this was information that was provided while I was trying to review surveillance video. We actually had a call that was reported to us to Largo Police Department about a suspicious male that was in the utility closet at the Blanchard Law Firm on March 14th.
Mr. Vonderheide (04:20:46):
Okay. And so what was the state of his iPhone on March 14th?
Detective Lance Moore (04:20:51):
So when I viewed the call detail records, the state of his iPhone was observed in a locked manner. However, the call detail records indicated that his device Remained in Tarpon Springs on that date.
Mr. Vonderheide (04:21:02):
Okay. So when it says it's in a locked state, I'm sorry. [inaudible 04:21:07]. When it says it's in a locked state, what does that mean?
Detective Lance Moore (04:21:11):
Basically locked, not being utilized by the user. And that time was from 7:35 AM until 10:16 AM.
Mr. Vonderheide (04:21:20):
Okay. So it's not being used, locked state?
Detective Lance Moore (04:21:22):
Correct.
Mr. Vonderheide (04:21:23):
The iPhone, when you download it, do your analysis, does it give you the times that the phone was turned on and off?
Detective Lance Moore (04:21:28):
One can see the power log, yes.
Mr. Vonderheide (04:21:30):
Okay. That's the fancy term, power log?
Detective Lance Moore (04:21:32):
Yes.
Mr. Vonderheide (04:21:33):
And it can also see when the phone is locked and it's unlocked and being used?
Detective Lance Moore (04:21:36):
Yes. User activity.
Mr. Vonderheide (04:21:38):
Okay. And that's when the raw data that's already in evidence is how you developed that user [inaudible 04:21:42]?
Detective Lance Moore (04:21:42):
Yes.
Mr. Vonderheide (04:21:43):
Okay. The next slide. What do we see here?
Detective Lance Moore (04:21:46):
So this is surveillance video that I obtained from the veterinary clinic during the investigation. I had to go backwards because again, we were informed about the 14th incident. So therefore this video would've came from the 14th of March.
Mr. Vonderheide (04:22:01):
Okay. And it looks like we saw a vehicle drive past. All right. And did that have significance to you in your investigation?
Detective Lance Moore (04:22:10):
Yes. As we were reviewing the surveillance video for the 21st, one of the things that stood out to us is the descriptions was the dark rims of the vehicle, of the truck, which matched this, which became even more telling being of the call detail information that we received about a suspicious male at the law firm.
Mr. Vonderheide (04:22:27):
Okay. And then you see a person kind of comes into the frame here. Did Largo Police Department identify that person?
Detective Lance Moore (04:22:36):
Yes. I don't recall her name exactly, but she was one of the maintenance or utility workers.
Mr. Vonderheide (04:22:40):
Okay. Now, if your phone's in a locked state, you're not using it and you leave it behind at your house, is that where the location data is going to be?
Detective Lance Moore (04:22:49):
Yes.
Mr. Vonderheide (04:22:54):
All right. Let's talk about March 17th. What do we see here?
Detective Lance Moore (04:22:58):
So this is a Wi-Fi connection. I previously spoke about that. This is just an observation using another tool that shows that Wi-Fi connection from approximately 4:30 PM to 4:33 PM on the 17th of March to BlanchardLaw-guest.
Mr. Vonderheide (04:23:14):
What would you expect about a wifi signal? In other words, if you're just passing by the Blanchard Law Firm where it was located, I mean, is it possible that you could connect to the Wi-Fi?
Detective Lance Moore (04:23:23):
I would say no.
Mr. Vonderheide (04:23:24):
Okay. Why is that?
Detective Lance Moore (04:23:25):
I would think of it as representative of the courtroom. If I walked in here and we had a Wi-Fi connection, a modem or router here in the courtroom and I connected to that, as long as I'm here within the courtroom itself, I would remain connected. Once I walk out of the courtroom and start walking down the hall, potentially 30, 60 feet, I would lose and I would disconnect from that Wi-Fi.
Mr. Vonderheide (04:23:47):
Okay. What if it's like a block building as well? Could be-
Detective Lance Moore (04:23:50):
That's going to be even more difficult to make that connection.
Mr. Vonderheide (04:23:52):
Okay. All right. So what are we looking at here?
Detective Lance Moore (04:23:57):
So this is a map that I used, the call detail record data from T-Mobile from Mr. Kosowski's phone records.
Detective Lance Moore (04:24:00):
... record data from T-Mobile from Mr. Kosowski's phone records. I used those records to help develop this map to show a representation for March the 17th. The time is beginning at 4:20, but it will continue as one place in the map.
Mr. Vonderheide (04:24:15):
All right. Before you play on this, we talked about it before the T-Mobile numbers-
Detective Lance Moore (04:24:19):
Yes.
Mr. Vonderheide (04:24:20):
... the T-Mobile answer to your warrant.
(04:24:23)
Did you get the data points from that original one, March 14 to March 21?
Detective Lance Moore (04:24:26):
Yes, this was the original data that was obtained.
Mr. Vonderheide (04:24:29):
All right. And did it give you timing advanced data, which is the more precise sort of constantly updating data?
Detective Lance Moore (04:24:34):
Yes.
Mr. Vonderheide (04:24:35):
All right. And you were able to put that through your program and overlay it on this map for us?
Detective Lance Moore (04:24:39):
Yes. The data provided a KMZ file, which we then viewed in Google Earth Pro.
Mr. Vonderheide (04:24:43):
Okay.
Detective Lance Moore (04:24:47):
So this is just showing movement and then it plots here. So this indicates or suggests or implies that Mr. Kosowski's device was in the area of the Blanchard Law Firm, which in comparison to the extraction that we have, we also see the Wi-Fi connections.
(04:25:04)
So it's really just a culmination of data pulling it all together to help represent the ongoing events.
Mr. Vonderheide (04:25:10):
And on this particular day, was he driving from South Florida back to Tarpon Springs?
Detective Lance Moore (04:25:13):
Yes.
Mr. Vonderheide (04:25:14):
All right. And then he's on US 19, as one would do, diverts off, and does he get back on US 19?
Detective Lance Moore (04:25:22):
Yes, eventually the device is observed as going back on US 19.
Mr. Vonderheide (04:25:26):
Okay.
Detective Lance Moore (04:25:28):
Or in that northern direction.
Mr. Vonderheide (04:25:47):
Okay. All right. So what are we looking at here?
Detective Lance Moore (04:25:49):
So this is the next date of importance whenever I was reviewing the data. This is on March the 20th of 2023.
(04:25:56)
This is an application usage log from KnowledgeC. KnowledgeC is, one of my prior instructors termed as, what my phone knows about me. So any of the interactions that you're using on your device, if the screen lights up, if you're sending a message, if you're opening an app such as this, it tracks that on the device whenever you're looking in that database.
(04:26:21)
So we can see that Firefox is being used, and that's the usage between 3:05 AM and 3:17 AM.
Mr. Vonderheide (04:26:30):
And is that the time that it would've been in this area at the time?
Detective Lance Moore (04:26:33):
UTC minus four at that time, yes, correct.
Mr. Vonderheide (04:26:35):
Okay. So three o'clock in the morning doing some searches.
Detective Lance Moore (04:26:40):
The reason that time becomes of importance is as one can see next, at 3:06 AM, we start seeing searches for succinylcholine.
(04:26:49)
This is the Uses, Interactions, Mechanism of Action from DrugBank online at 3:06 AM with Firefox. And we previously saw that that was being used.
Mr. Vonderheide (04:26:58):
Okay. And you can tell from your analysis that it's active, right? That somebody's looking at it and active?
Detective Lance Moore (04:27:04):
Yes. As I mentioned before, with the usage log, that indicates to us that Firefox is being used on the device. And with these history and searches, when one compares the iCloud return, in addition to the iPhone extraction, we can see those search terms.
Mr. Vonderheide (04:27:21):
Okay.
Detective Lance Moore (04:27:24):
This is a representation that I obtained by clicking on that link site. This is what I viewed in preparation for this.
Mr. Vonderheide (04:27:32):
Okay. All right. What's the next search?
Detective Lance Moore (04:27:36):
So this, we can still say is within that timeframe. It's March the 20th at 3:09 AM. And this is a Google search for succinylcholine. This is the image, upon following the link, is a representation of what I observed.
Mr. Vonderheide (04:27:50):
Now would Google have had an AI Overview back then in 2023?
Detective Lance Moore (04:27:54):
No, sir.
Mr. Vonderheide (04:27:54):
Okay. So this is just you click the link, and this is what the modern link showed?
Detective Lance Moore (04:27:58):
Yes.
Mr. Vonderheide (04:27:58):
But black line is it's a Google search for succinylcholine-
Detective Lance Moore (04:28:03):
Yes.
Mr. Vonderheide (04:28:03):
... 3:09 AM-
Detective Lance Moore (04:28:05):
Correct.
Mr. Vonderheide (04:28:05):
... on March 20th, 2023?
Detective Lance Moore (04:28:07):
Correct.
Mr. Vonderheide (04:28:07):
Okay.
Detective Lance Moore (04:28:11):
So as we continue, this is another search, and this is right dose of succinylcholine, anesthesiology. This is the website that was provided for that.
Mr. Vonderheide (04:28:23):
Okay. And also 3:09?
Detective Lance Moore (04:28:24):
3:09 and 35 seconds.
Mr. Vonderheide (04:28:26):
Okay.
Detective Lance Moore (04:28:29):
So we're now at 3:12 and 23 seconds. Upon clicking this link and viewing it, this was what is representative of the site, Succinylcholine, Duration of the Action.
Mr. Vonderheide (04:28:42):
So what he would've put into Google back on March 20th, 2023 at 3:12 AM was duration of Succinylcholine Duration of Action?
Detective Lance Moore (04:28:52):
Correct.
Mr. Vonderheide (04:28:57):
All right. What's this?
Detective Lance Moore (04:28:58):
So again, within that timeframe, we're now at 3:14 AM, and this is a website, JAMA. It's a medical journal, appears to be so.
(04:29:08)
This is also using the Firefox, as we previously mentioned, was open on the device during that timeframe.
Mr. Vonderheide (04:29:14):
Okay. And then the title of that article is what?
Detective Lance Moore (04:29:17):
The Possible Dangers of Intramuscular Succinylcholine.
Mr. Vonderheide (04:29:18):
Okay. And so this was a, that website right there, the jmanetwork.com/journals, that was a URL on his device that he visited?
Detective Lance Moore (04:29:31):
Yes.
Mr. Vonderheide (04:29:31):
Okay. All right. What's this?
Detective Lance Moore (04:29:36):
So now we are at 3:17 AM. Again, this is talking about the iCloud return.
(04:29:43)
This is time Course Of Action, Download Table, 3:17 AM, and the website is provided there as far as the Time Course of Action.
Mr. Vonderheide (04:29:52):
Okay. All right. March 20th, 2023. What's the significance of this text thread?
Detective Lance Moore (04:29:58):
So this was significant to me because obviously on the 21st, we know that the incident took place. And as I was reviewing that on March the 20th, Victor, whose number is provided there, is kind of indicating and requesting if he could do an Instagram live in order to help kind of promote himself from his new job that he had taken on.
(04:30:20)
And this is Mr. Kosowski replying. Time has been converted. It is 11:04 AM, essentially saying, "I can't on Tuesday, but maybe Thursday after work. Can I contact you later to confirm?"
Mr. Vonderheide (04:30:32):
Okay. And that's with somebody who works at the medical clinic he was employed at [inaudible 04:30:36]?
Detective Lance Moore (04:30:36):
It appears so, yes.
Mr. Vonderheide (04:30:37):
All right. What do we got here?
Detective Lance Moore (04:30:44):
So this began my timeline, my overall view of the date of importance, which is March the 21st, 2023.
(04:30:51)
From the knowledgeC.db, I observed that the iPhone becomes unlocked at 5:00 AM.
Mr. Vonderheide (04:30:57):
Okay.
Detective Lance Moore (04:31:00):
This is just indicating that on the tools I utilized, an artifact indicated that an alarm had been set or occurred at 5:00 AM.
Mr. Vonderheide (04:31:09):
All right. And so it says the phone's locked from 5:00 AM till 7:40 AM. What does that mean?
Detective Lance Moore (04:31:14):
Yes. Just means the phone is in a locked state, as we previously mentioned, took place also on the 14th.
Mr. Vonderheide (04:31:20):
Okay. All right. What are we looking at here?
Detective Lance Moore (04:31:24):
So this I utilized surveillance video that was obtained from our detectives. This is from a neighbor that actually resides just to the south of Mr. Kosowski.
(04:31:33)
This is their ring.com camera from 7:51 AM. And as one plays the video, you'll eventually see the Toyota Tundra Mr. Kosowski operated driving south on Seaview.
(04:31:51)
And then whenever we conduct the investigation and we know what we know now, we can see that the bed of the truck is covered completely.
Mr. Vonderheide (04:32:01):
Okay. Did it have a Roll N Lock tonneau cover on it?
Detective Lance Moore (04:32:03):
Yes.
Mr. Vonderheide (04:32:03):
Okay.
Detective Lance Moore (04:32:09):
The dark rims, as I previously mentioned from having saw that video from the other video from the animal clinic.
Mr. Vonderheide (04:32:18):
Okay. All right. What do we have here?
Detective Lance Moore (04:32:23):
So this is dated March the 21st of 2023 at 8:07 AM. An email is sent from Mr. Kosowski. This was observed using his device extraction and is sent from him. It was a Motion to Compel, 3rd Interrog to Mr. Cozzi and Mr. Pillsbury.
Mr. Vonderheide (04:32:48):
Is this significant to you because it tells you the phone's on at 8:07?
Detective Lance Moore (04:32:51):
Correct. This is an image of that attachment as I observed it.
Mr. Vonderheide (04:33:00):
And what are we looking at here?
Detective Lance Moore (04:33:12):
So this is just a continuation of the time that I observed.
(04:33:15)
This is at 8:08 AM. iPhone device is powered off. You can see here it's from the iPhone extraction that begins the power off time, and we don't see it being powered on again until just around 10:24 AM.
Mr. Vonderheide (04:33:31):
When it is power off, in the power-off state, will T-Mobile have any records to base he was as it relates to the location of the device?
Detective Lance Moore (04:33:38):
Not to my knowledge, no.
Mr. Vonderheide (04:33:39):
Okay. So is there, in fact, [inaudible 04:33:42] as a gap in location data from 8:08 to 10:24?
Detective Lance Moore (04:33:46):
Yes. The device would not be receiving any signals from the network.
Mr. Vonderheide (04:33:53):
All right. Is this part of your surveillance video review as well?
Detective Lance Moore (04:33:55):
Yes. This is a continuation of my review.
(04:33:58)
This is from the animal clinic, and this camera angle would've been on the southeast portion of the building.
(04:34:04)
This would've been Belcher Road. And as one plays the video, you can make out the Tundra driving in a southbound direction in the parking lot.
Mr. Vonderheide (04:34:21):
Dark wheels?
Detective Lance Moore (04:34:22):
Yes. This is a aerial map that I put together using Google Maps. This is the Blanchard Law Firm, Belcher Road, and this is the approximate location of where the Toyota Tundra is later observed to be parked.
Mr. Vonderheide (04:34:46):
Okay. And it appears that the Toyota Tundra itself is probably just out of frame of that surveillance video?
Detective Lance Moore (04:34:51):
Yes.
(04:34:55)
So this image is at 8:34. As one can see on the timestamp, this is Mr. Kosowski coming from that parking lot location, walking towards the main entrance of the law firm.
(04:35:14)
And you'll see a box-shaped item over the shoulder. It just appears to be slung over the shoulder as he's walking toward that main entrance, which you can see is unlocked.
(04:35:46)
So the next time we have is the surveillance video, same angle, same camera, 8:37 AM. You'll see Mr. Cozzi arriving for a day at work. He'll be walking in this direction wearing what appears to be a red sweater and will walk toward the main entrance, and enters the same entrance that we previously saw from the other angle.
Mr. Vonderheide (04:36:34):
Okay.
Detective Lance Moore (04:36:34):
So this image again shows the approximate location of the Tundra, Blanchard Law Firm and the location of Steven's vehicle as it was found.
Mr. Vonderheide (04:36:44):
All right. Is that a Google or a satellite imagery?
Detective Lance Moore (04:36:47):
Yes.
Mr. Vonderheide (04:36:47):
Okay.
Detective Lance Moore (04:36:51):
So this is an image obtained from the Pinellas County Sheriff's Office Forensics that took the pictures. This is a image we know that is at 9:50 AM. Steven opened his office door, which was this one, to go to the restroom.
Mr. Vonderheide (04:37:05):
And we know that from security documents from Ironshield Security?
Detective Lance Moore (04:37:09):
Yes.
Mr. Vonderheide (04:37:09):
Okay.
Detective Lance Moore (04:37:14):
Now we're at 10:22 AM. Again, that same surveillance camera, same angle. We will now see Mr. Kosowski exit from this door here, which was the main entrance to the law firm, and we'll observe him going south, or I'm sorry, going west toward the parking lot.
(04:37:42)
So here we now appear to have potentially different clothing, as opposed whenever the entrance was first made. And we know that he's pulling a wheeled item.
Mr. Vonderheide (04:38:08):
Okay. Appears to be some weight in that wheeled-
Detective Lance Moore (04:38:10):
Yes.
Mr. Vonderheide (04:38:10):
... item.
(04:38:14)
Now off to the right there, is there a ramp that's an accessible ramp for people with wheelchairs to get on?
Detective Lance Moore (04:38:20):
I believe so.
Mr. Vonderheide (04:38:44):
Okay.
(04:38:44)
All right. March 21st. What is it?
Detective Lance Moore (04:38:46):
So this was in the event of a notification in a sense, kind of as a reminder of 10:20 AM for the court hearing to take place that was sent to tkosowski@gmail.com reminding of that court hearing.
Mr. Vonderheide (04:39:04):
All right. So was this document obtained from the court system?
Detective Lance Moore (04:39:08):
Yes, it was provided to us.
Mr. Vonderheide (04:39:09):
All right. What is it showing?
Detective Lance Moore (04:39:11):
So this is showing the teleconference hearing that was scheduled, that was supposed to involve Mr. Kosowski and Steven. This is the phone number 321-663-0128, which we had confirmed and validated from neighbors, in addition to our records and investigation, to belong to Mr. Kosowski. This is calling in to that teleconference hearing at 10:28:15 seconds Eastern Time.
Mr. Vonderheide (04:39:37):
And that phone number there, 321-663-0128, you did this, the warrants for the data, right, for the location data?
Detective Lance Moore (04:39:44):
Yes.
Mr. Vonderheide (04:39:45):
Also, when you downloaded the phone that was seized from his car, was that the phone number in this iPhone?
Detective Lance Moore (04:39:53):
The iPhone 12 Pro Max, yes.
Mr. Vonderheide (04:39:54):
Okay.
Detective Lance Moore (04:40:00):
This is a second amended notice of hearing. This is just kind of showing the document that was observed, being the telephonic hearing that was supposed to take place at 10:30, and they had reserved a 15-minute time period.
Mr. Vonderheide (04:40:14):
And this particular document, it's already in evidence, but is this germane to your investigation in establishing the timeline?
Detective Lance Moore (04:40:19):
Yes. It indicates that this telephonic hearing was scheduled and was expected to take place.
Mr. Vonderheide (04:40:26):
Okay. What do we see here?
Detective Lance Moore (04:40:30):
So this is an excerpt from the actual T-Mobile records as was received from Mr. Kosowski's telephone number, 321-663-0128. These are the records that, if I were to click on them as provided by T-Mobile, this is exactly the representation that I would see when I view those records.
(04:40:51)
This indicates on March 21st of 2023, we had an outgoing phone call. It indicates 14:27 because that's in UTC time. If you move that backward four hours, now we're at 10:27.
Mr. Vonderheide (04:41:05):
All right. And the dial number, what is that?
Detective Lance Moore (04:41:08):
This is the 888 phone number that we previously saw that would've been used to call in for that telephonic hearing.
Mr. Vonderheide (04:41:13):
Okay. And what's the duration of that phone call? All right. Let's zoom out. Okay.
Detective Lance Moore (04:41:19):
Duration over there is 21:45, and that would be in seconds.
Mr. Vonderheide (04:41:20):
Okay. "Completed successfully." What does that mean?
Detective Lance Moore (04:41:28):
Meaning that the phone call was made, and it successfully went through and was taking place. It was occurring.
Mr. Vonderheide (04:41:35):
Okay. So you were able to receive location data for that phone call?
Detective Lance Moore (04:41:39):
Yes. As one can see here, not only were we provided with LAT LONG coordinates, but they also provided with a Tower Address of 1751 Belcher Road in Largo.
Mr. Vonderheide (04:41:50):
Okay. Where's the tower?
Detective Lance Moore (04:41:55):
I used those coordinates to then look at Google Maps, and upon entering that information, we can see the tower here.
(04:42:02)
This is Belcher Road. So this tower is marked with a red balloon. This is the Tampa Bay Vet Specialists, and this is Blanchard Law Firm.
Mr. Vonderheide (04:42:10):
And this, as it relates to Dr. Kosowski's device, did it move during that time period that he's on the conference call?
Detective Lance Moore (04:42:16):
No, it did not appear to move.
Mr. Vonderheide (04:42:16):
Okay.
Detective Lance Moore (04:42:20):
This is another view using Google Images or Google Maps of the cell tower itself.
Mr. Vonderheide (04:42:31):
All right. What do we have here?
Detective Lance Moore (04:42:34):
So we've observed the T-Mobile records. We observed that the call was made from Kosowski's device.
(04:42:41)
This is just information from Cellebrite and from the iPhone extraction, also supporting that data that we also observed of an outgoing phone call. It was answered. That duration took place and lasted for approximately 35:46 seconds on March 21st at 10:27 AM.
Mr. Vonderheide (04:43:02):
And was this device powered off after the phone call disconnected?
Detective Lance Moore (04:43:06):
Yes. Using the tools that we had involving this extraction, we can see that a power-off event took place at 11:03 and 49 seconds on March 21st.
Mr. Vonderheide (04:43:15):
Okay.
Detective Lance Moore (04:43:21):
So after the power-off event, now we're at 11:04 AM. We can see that the teleconference hearing had ended, and we're at 11:05 AM with repositioning of the wagon near the truck. You'll see some movement being made in this area here, same wheeled object being moved around. This is from a PSTA bus that we received. It's just a screenshot of the video from 11:14 AM, an image which we played the video itself. You can make out a person standing in the area of that truck.
Mr. Vonderheide (04:44:16):
Okay. Appears that it's messing around in the bed of that pickup truck?
Detective Lance Moore (04:44:20):
Correct.
Mr. Vonderheide (04:44:22):
Okay.
Detective Lance Moore (04:44:25):
So again, the same similar video camera angle, 11:15 AM now. This, you will see, is Mr. Kosowski returning back, kind of walks back in that east direction, appears to just kind of take a glance, look around. And then you'll see turn around and walk back toward the parking lot.
Mr. Vonderheide (04:44:43):
What do we see here?
Detective Lance Moore (04:45:07):
So this is just a matter of building upon that timeline, that timeframe. We will now see the Tundra, which we've seen multiple times already, leaving through the parking lot, going in a northbound direction. Same dark-colored rims.
(04:45:39)
We're now at a different angle from the veterinary clinic. This again still is Belcher Road, as we'll see the Tundra turning north on Belcher Road, where it will continue going north.
Mr. Vonderheide (04:45:50):
Okay. All right.
Detective Lance Moore (04:45:50):
One of the important distinctions now is you can make out an object in the back of that truck.
(04:46:03)
So as previously where we observed, that cover was on it. We now know that there's an object larger than that cover protruding from the bed of the truck.
Mr. Vonderheide (04:46:11):
Is that a useful signifier for what pickup truck they're looking for?
Detective Lance Moore (04:46:16):
Yes. We've seen those same dark-colored truck, dark-colored rims, and then as I mentioned before, we now see that there is an object sticking above the bed of the truck.
Mr. Vonderheide (04:46:31):
Okay.
Detective Lance Moore (04:46:31):
Screenshot of that image, again, just showing that picture as representation.
Mr. Vonderheide (04:46:36):
What is it?
Detective Lance Moore (04:46:36):
So this was one of our first initial key pieces of evidence whenever we had images from PSTA bus at 11:25 AM. This was showing Mr. Kosowski's vehicle northbound on Belcher Road at Gulf to Bay.
(04:46:56)
Again, we see that object that we saw from the veterinary clinic video as it turned onto Belcher Road. We're now able to see that much closer, and we can see what appears to be that Gorilla cart with an item object of Mr. Cozzi's body in the Gorilla cart.
(04:47:19)
So this is a video of that PSTA bus where that screenshot was captured from as it just went by.
(04:47:37)
This is the bus as it continues going northbound so we're pulling up.
Mr. Vonderheide (04:48:00):
And when the truck, the Tundra moves forward, does it appear something moving in the back, that it moves [inaudible 04:48:13]?
Detective Lance Moore (04:48:15):
Being that the cart that we know had wheels on it, it appears that the cart was not blocked off or restrained. So, therefore, when you had movement, such as stopping and starting, that cart would tend to move.
Mr. Vonderheide (04:48:28):
Now is this the end of the PSTA because the bus stopped, making stops?
Detective Lance Moore (04:48:33):
I believe it continued making stops so, therefore, we realistically lost any other video of the Tundra.
Mr. Vonderheide (04:48:42):
Okay. All right. So did you continue moving northbound on Belcher Road trying to find the surveillance video?
Detective Lance Moore (04:48:47):
Yes. This was our team of detectives, again, that were leapfrogging, going from business to business on Belcher Road, just trying to find what's that next spot of video that we might capture so that we know the direction of travel for that vehicle.
(04:49:01)
This would've been the next view that we had, 2201 Drew Street, which was the Achieva Credit Union, with the arrow pointed toward that vehicle.
Mr. Vonderheide (04:49:10):
Okay.
Detective Lance Moore (04:49:13):
Again, as we leapfrog, we're now at 1255 Belcher Road. This is a car wash. Again, we still see that same dark vehicle, dark rims with the item in the back of the truck.
Mr. Vonderheide (04:49:26):
Now we're doing screenshots here, but these were surveillance videos that you received?
Detective Lance Moore (04:49:29):
Correct.
Mr. Vonderheide (04:49:29):
Okay.
Detective Lance Moore (04:49:34):
This was the first kind of important piece of evidence for us was the Flock camera hit that Detective Gay had observed.
(04:49:43)
So as we can see here, this was at Tarpon Springs. It was westbound on Klosterman at Pinellas Avenue, March the 21st at 11:51, Eastern Time. Again, same truck, windows rolled down, item in the back, silhouette of a body, had New Jersey plates on that with the dark rims.
Mr. Vonderheide (04:50:06):
And from those PSTA footage to here, does it appear that this wagon was secure in any capacity in the bed of this pickup truck?
Detective Lance Moore (04:50:16):
No. The PSTA video itself kind of supported that it was not secured in any way as it would move back and forth.
(04:50:27)
So this is a zoomed-in screenshot image of that New Jersey tag as one saw previously on that Flock picture, JGM 84C. Whenever that was ran by detectives, it was found to have resulted back to a 2000 gray Volvo. If I recall correctly, it would've been to a deceased female.
Mr. Vonderheide (04:50:52):
Okay.
Detective Lance Moore (04:50:52):
This is a screenshot of video that I obtained from Seascape Condos at 1401 West Curlew Place. This time is at 11:59. Still see that same Tundra, dark rims with item in the back.
(04:51:09)
This is also a screenshot of video that I had obtained. We see the date and time here up top, March 21, 2023 at 11:57. This vehicle is going westbound on 1612, and we still see that same dark color Tundra, dark rims, item in the bed of the truck. Now we're at 11:58 AM. When the video plays itself, again, this residence is south of Mr. Kosowski's residence. His home would be here, Seaview, and as it plays, you'll eventually see the vehicle driving in that direction of northbound towards Kosowski's residence with the item in the back of the truck. And if you can pause that and zoom in, we still make out that same object or item in the bed of the truck.
(04:52:25)
And this is the same image or same camera that we had previously saw from the morning portion of the vehicle leaving. It is at a dead end street area.
Speaker 7 (04:52:41):
All right. This seems to be a good time for our afternoon break, so let's take 15 minutes.
Mr. Vonderheide (04:52:42):
Okay. Okay.
Speaker 8 (04:52:42):
Court is back in session. All right, you may be seated.
Judge (05:11:24):
All right, Mr. Vonderheide, you may continue with your questioning.
Mr. Vonderheide (05:11:58):
Thank you, Your Honor. All right, so where we left off was Dr. Kosowski's gray Tundra with a cart in the back, driving past his neighbor's surveillance camera towards his house. So what is the next event that's of relevance from his device?
Detective Lance Moore (05:12:15):
So, the screen that we have now is from the iPhone extraction from Mr. Kosowski's iPhone. This was on March 21st, 2023 at 12:02 PM, which is just after we observed the previous video of the Tundra driving towards his house. It is a power event indicating that the phone is being powered on.
Mr. Vonderheide (05:12:39):
Okay. What does this show?
Detective Lance Moore (05:12:40):
So this next event is indicating that the device is connecting to WiFi, as you can see here on March 21st. And we have a WiFi connection from 12:03 PM until 4:48 PM with the times being converted. The router name would've been SpectrumSetup-A7.
Mr. Vonderheide (05:13:00):
All right. And that appears to be an automatic connection?
Detective Lance Moore (05:13:02):
Yes.
Mr. Vonderheide (05:13:03):
Okay. What do we have here?
Detective Lance Moore (05:13:08):
So, this is one of the first interactions with someone else that I observed after the device was powered on. It is a text message that was sent out at 12:03:42 seconds with the time being converted from Mr. Kosowski's device to Louis Knight. The text message was, "Hey Louis, how are you?"
Mr. Vonderheide (05:13:30):
All right. 12:04 to 12:27 PM, what's happening?
Detective Lance Moore (05:13:34):
So, this incident is reporting that the device is locked. Again, we've spoken about that multiple times.
Mr. Vonderheide (05:13:41):
All right. So that two and a half hours, nothing's happened on the phone?
Detective Lance Moore (05:13:44):
No interactions with the device itself.
Mr. Vonderheide (05:13:45):
Okay.
Detective Lance Moore (05:13:50):
So, at this instance, we're looking at 2:34 PM with the time being converted. This is a text message received on the device. "Doctor, tomorrow we have two cases, lipo 12 BBL, like we had said, the times would be the same." Mr. Kosowski then goes into correspondence with that contact, "Are both BBLs?" The person replied, "Yes. And do you have assistant for tomorrow?" Mr. Kosowski replied back, "Yes. Same times. Have patient arrive at 5:00 to start surgery at 6:00. I do not have an assistant."
Mr. Vonderheide (05:14:24):
So he's setting up work for the next day?
Detective Lance Moore (05:14:27):
Correct.
Mr. Vonderheide (05:14:27):
Okay. What do we have here?
Detective Lance Moore (05:14:32):
So now we're at 4:20 PM with the time converted. This is a text message sent from Mr. Kosowski's device to Larry Mattei. "Hey, sorry I missed you. Heading back to Miami. I'll pick it up next time."
Mr. Vonderheide (05:14:46):
All right. Why does it say the Gmail account to the phone number on Apple Messages?
Detective Lance Moore (05:14:52):
Some of the tools will include that, because that's what is signed in as an iCloud.
Mr. Vonderheide (05:14:56):
Okay. What happens here?
Detective Lance Moore (05:15:00):
So, this is a device event. Again, we're on March 21st. We're looking at 4:40 PM to 5:02 PM where the device is locked. So this is the same surveillance camera that we had previously observed from the neighbor residing to the south of Mr. Kosowski. This is at 4:48 PM. You will see the red Toyota Corolla that's owned by Mr. Kosowski leaving and going in that direction, crossing in front of the house. Here's the vehicle there as it drive southbound on Seaview.
Mr. Vonderheide (05:15:38):
Okay.
Detective Lance Moore (05:15:41):
So this time is at 4:51 PM. You will see the red Corolla go northbound on Seaview.
Mr. Vonderheide (05:16:04):
All right. So it looks like he's back at home for three minutes, right?
Detective Lance Moore (05:16:10):
Correct. This is that culmination of data using the video, using the extractions and iCloud returns. We see that there was a WiFi connection again, SpectrumSetup-A7 at that timeframe when the vehicle arrived back to the residence. So now we're at 4:56, same neighbor's home surveillance video. We see that red Corolla. It will leave and it will drive in the southbound direction.
Mr. Vonderheide (05:16:48):
All right. What do we have here.
Detective Lance Moore (05:16:49):
So this is a web search that was observed from the iCloud return. The Google search was for WFLA Tampa, which is a known news source here in the area. This was conducted using Firefox.
Mr. Vonderheide (05:17:05):
All right. And that's from his phone?
Detective Lance Moore (05:17:07):
Correct. This was from the iCloud return.
Mr. Vonderheide (05:17:14):
All right. What does this show?
Detective Lance Moore (05:17:15):
So this is a screenshot of call detail record data that I observed and had originally mapped. This indicates the device at 5:48 PM being in the area of the Blanchard Law Firm.
Mr. Vonderheide (05:17:29):
Let me ask you this. At that time period, would you have been at the Blanchard Law Firm?
Detective Lance Moore (05:17:33):
Yes.
Mr. Vonderheide (05:17:33):
All right. Was other law enforcement members at the Blanchard Law Firm?
Detective Lance Moore (05:17:37):
Yes. There were numerous detectives and potentially forensic vehicles there at that time.
Mr. Vonderheide (05:17:42):
Because they were processing the scene, right?
Detective Lance Moore (05:17:44):
Yes.
Mr. Vonderheide (05:17:45):
All right. And then did you have any uniformed or patrol vehicles parked out front?
Detective Lance Moore (05:17:49):
Yes. Officers were on scene in marked units.
Mr. Vonderheide (05:17:51):
All right. And particularly at that location at 1501 Belcher where the Blanchard Law Firm is, you guys were all parked out front on Belcher Road?
Detective Lance Moore (05:18:01):
Yes. The large portion of the parking lot would've been visible from Belcher Road.
Mr. Vonderheide (05:18:05):
Okay.
Detective Lance Moore (05:18:10):
So we now have toll images at 6:29 PM showing Mr. Kosowski's Corolla that we observed in the surveillance video when he left his home. We're now going southbound on the Sunshine Skyway Bridge, Florida tag EMFK38.
Mr. Vonderheide (05:18:33):
All right. What's this?
Detective Lance Moore (05:18:35):
So, this is a little later on, but now we're at 7:02. And again, it was indicative of WFLA news of being on a Google search from the iCloud return.
Mr. Vonderheide (05:18:47):
That was from the iCloud or his iPhone?
Detective Lance Moore (05:18:49):
This is the iCloud return.
Mr. Vonderheide (05:18:50):
Okay.
Detective Lance Moore (05:18:56):
So, we're now at 8:38 PM, and this is again, Sunpass video of Mr. Kosowski's Corolla passing the toll for the west entrance to Alligator Alley on I-75. Again, similar Florida tag, EMFK38.
Mr. Vonderheide (05:19:15):
And what's this?
Detective Lance Moore (05:19:17):
So, we're now at 9:15 PM. This is license plate reader data, which captured the Corolla at the intersection of Florida 29 and 41. And this is the license plate as it would've captured it, EMFK38, and again, 3/21 at 9:15 PM.
Mr. Vonderheide (05:19:35):
What do we see here?
Detective Lance Moore (05:19:42):
So, this is a screenshot of call detail record data, which would've been timing advance data that was used as I made my analysis. This indicates Mr. Kosowski's device being in the area of 41 or Tamiami Trail and Loop Road.
Mr. Vonderheide (05:20:01):
From your analysis of that data and the timing advance, which we'll get to in a couple of slides, does it appear that there was at least a short duration stop there in that area?
Detective Lance Moore (05:20:12):
Yes, it was short duration.
Mr. Vonderheide (05:20:13):
What was your estimate of that duration of that stop?
Detective Lance Moore (05:20:16):
My estimation would've been potentially anywhere between one to three minutes.
Mr. Vonderheide (05:20:19):
Okay. What's this?
Detective Lance Moore (05:20:24):
So, we continue on and now we're at 9:36. This is license plate reader data that captures that vehicle EMFK38. And if you can zoom up, we'll show the location. We're on Tamiami Trail at 52195 Tamiami Trail.
Mr. Vonderheide (05:20:46):
And when you were down there, did you actually see that camera? LPR Camera.
Detective Lance Moore (05:20:48):
Yes. This timeframe is important to us because as we also referred previously with the timing advance data, that can often be as an approximation. These are known events, so this helps to support the timing advance data that we previously reviewed.
Mr. Vonderheide (05:21:06):
And this LPR data corroborates the timing advance data?
Detective Lance Moore (05:21:10):
Correct.
Mr. Vonderheide (05:21:20):
What do we have here?
Detective Lance Moore (05:21:22):
So this was the next event that I observed from the device is on March 21st, 2023 at about 10:34:51 to 10:39: 17 seconds. We can see that media was being played. We know that the device was connected to this Mac address, which results back to the Toyota Corolla with the song Free as a Bird from the Beatles being played on the Toyota Corolla.
Mr. Vonderheide (05:21:50):
All right. And you know it's connected through CarPlay from the download of the device?
Detective Lance Moore (05:21:53):
Output device comes back and results to the Toyota Corolla.
Mr. Vonderheide (05:21:57):
All right. And you were at 511 Seaview. Did you observe a lot of Beatles books and pictures around Dr. Kosowski's house?
Detective Lance Moore (05:22:04):
Yes.
Mr. Vonderheide (05:22:05):
All right. The John Lennon mural was in the lobby of the business?
Detective Lance Moore (05:22:07):
Yes.
Mr. Vonderheide (05:22:07):
Okay.
Detective Lance Moore (05:22:11):
So again, based off data, the call detail records timing data, we can see that approximately 10:40 PM, Mr. Kosowski arrives to his rental home at 12380 Southwest 95 Terrace, appears to remain in that same area until March 23rd, 2023 at approximately 7:08 PM.
Mr. Vonderheide (05:22:34):
All right. What do we have here?
Detective Lance Moore (05:22:35):
So, this is a WiFi log. At this timeframe, it would've been suggestive based upon the timing advanced data that this device is connecting to that rental home where on the evening of the 21st, it's connected at 10:41 PM and will remain connected until the 22nd at 5:09 AM.
Mr. Vonderheide (05:22:57):
All right. So what do we have here of significance?
Detective Lance Moore (05:22:59):
So, our next data is the license plate reader data again with the EMFK38. We're now looking at data capturing the tag as it would go westbound at 52195 U.S. 41.
Mr. Vonderheide (05:23:13):
All right. Is that the same plate reader from the evening of the 21st?
Detective Lance Moore (05:23:18):
Same plate reader that captured the tag as it was last seen going in the eastbound direction towards the rental home.
Mr. Vonderheide (05:23:24):
Okay. So on this date, were you and members of Largo PD and Tarpon Springs Police Department stationed at Dr. Kosowski's house at 511 Seaview?
Detective Lance Moore (05:23:34):
Yes.
Mr. Vonderheide (05:23:35):
Was the thought amongst all of you was that he was coming back to Tarpon Springs?
Detective Lance Moore (05:23:38):
Yes. My own internal thought after I saw the license plate reader hit or confirmation was that he was returning to his home.
Mr. Vonderheide (05:23:45):
All right. Well, what does the data show that he actually did?
Detective Lance Moore (05:23:48):
The timing data, or the timing advanced data from the call records, indicates that he drove in that westbound direction, went to the Loop Road area where he then drove back and returned back to his rental home, appeared to be about an hour of a drive either way.
Mr. Vonderheide (05:24:08):
Okay.
Detective Lance Moore (05:24:08):
And this is a screenshot of my review, my analysis of that, indicating that timing advance data being in the location of Loop Road and 41 around the area where a dumpster was later located.
Mr. Vonderheide (05:24:22):
And was that a very long stop there in the middle of the state of Florida?
Detective Lance Moore (05:24:27):
No, it appeared to be literally a drive there and then a turnaround and a drive back. This is an aerial view from Google that I observed and took a screenshot of. Again, this is just showing that location where that timing advanced data had resulted back to, and we see Loop Road, and this is the location of a dumpster where it was later observed.
Mr. Vonderheide (05:24:54):
Did you later go down there?
Detective Lance Moore (05:24:56):
I did. As I played the call detail records, which you'll see later on in the presentation that I developed, I played it multiple times on the 30th whenever I received that timing advance data, that call detail record data. And what stood out to me was this interaction, the fact that Mr. Kosowski's device left the area of his rental home, drove in that direction westbound on Tamiami Trail to Loop Road where, from zooming in on that location originally appeared to be nothing, and then making that drive back to the rental home. It was just, "What is going on? What in the world is happening? Why did he make that interaction to then drive back?" So after seeing that on the 30th, I spoke with my sergeant at the time, Sergeant Vajzinski, and basically indicated to him there has to be something there. We need to respond to that area to look to see why he went to that location.
Mr. Vonderheide (05:25:57):
Did you go down to that area?
Detective Lance Moore (05:25:58):
Immediately on that day, on the 30th, we each got into our own vehicles and responded to that location. We arrived at that location probably at about 9:30 or 10 o'clock that night, which I remember even commenting to Sergeant Vajzinski that that timeframe stood out because that would've been approximately about the same time as Mr. Kosowski was driving by on the 21st.
Mr. Vonderheide (05:26:21):
And what did you observe when you got there?
Detective Lance Moore (05:26:24):
So, it was pitch black dark. There's no lights anywhere in this parking lot. This used to be Monroe Station, which at one point was a historic landmark of a gas station where people would stop along the way, because there's nothing in this area. It's a two lane roadway. There's a bathroom located just off to a parking lot and there's a dumpster there. We parked our vehicles just off the exit there, probably around right here. And at that point in time, Sergeant Vajzinski and I just began walking around, essentially looking for Anything that we could find that could be possible evidence such as a red sweater, a cart, anything at that point in time.
Mr. Vonderheide (05:27:06):
All right. What's that road like on Big Loop Road as you head, I guess where I'm standing, if you head in this direction?
Detective Lance Moore (05:27:13):
So, if you stood where you can see that truck and look down in this direction, which is Loop Road, on the perfect day of sunshine, you could look straight down and see for miles. It goes on and on.
Mr. Vonderheide (05:27:25):
Is it paved?
Detective Lance Moore (05:27:26):
It's a dirt road.
Mr. Vonderheide (05:27:27):
Okay. What's to the side of it?
Detective Lance Moore (05:27:29):
Nothing but heavy brush and vegetation on either side.
Mr. Vonderheide (05:27:32):
Is there alligators down there?
Detective Lance Moore (05:27:33):
As we were walking at night with each step we would take, and as we walked toward the brush, you could hear the thrashing within the water.
Mr. Vonderheide (05:27:41):
Okay. What else did you observe while you were there?
Detective Lance Moore (05:27:45):
So as we walked over, that's when we observed the dumpster in this location. We approached that dumpster. I could see that there appeared to be a side door that was secured by a carabiner, possibly to keep animals out of that trash can in the dumpster. I flipped open the top, looked in. I saw a couple of small bags of trash, but that was it. There was nothing much else in there at that time.
Mr. Vonderheide (05:28:13):
Okay. All right, what's this?
Detective Lance Moore (05:28:19):
So, our next timing event was on March 23rd. This is a text message sent from Mr. Kosowski's device to Dr. Teresa Bobo. "Hey, are you still up?" This is at 9:04 PM. Her reply is, "Yes, can I call you in about five minutes?" His reply is, "Sure."
Mr. Vonderheide (05:28:38):
Is that amidst the time period when he drove back out to Loop Road and turned around?
Detective Lance Moore (05:28:43):
Yes.
Mr. Vonderheide (05:28:43):
Okay.
Detective Lance Moore (05:28:48):
So, this is at 9:09 PM. This is T-Mobile data from Mr. Kosowski's device indicating that he returned to the area of his rental home where he appeared to remain in that area until March the 25th, 2023.
Mr. Vonderheide (05:29:02):
Okay.
Detective Lance Moore (05:29:08):
So. Our next point of data is March 23, 2023 at 9:11 PM. And this was an incoming phone call from Teresa Bobo. Her number's provided whom he had previously just had that text correspondence with. It was an incoming call and it was answered. The call lasted for approximately 20 minutes and 53 seconds.
Mr. Vonderheide (05:29:30):
Okay.
Detective Lance Moore (05:29:35):
So, this is an image taken by the Pinellas County Sheriff's Office forensics when the search warrant had been conducted, but this was on March the 23rd when the residential warrant took place.
Mr. Vonderheide (05:29:48):
Well, what did you find in the garage there?
Detective Lance Moore (05:29:50):
This was the Toyota Tundra that was previously observed on the surveillance video, the multiple videos that we had, except with a different tag.
Mr. Vonderheide (05:29:58):
Okay. Was there a device on that truck for the tag?
Detective Lance Moore (05:30:01):
Yes, we were later informed that there was.
Mr. Vonderheide (05:30:00):
... on that truck for the tag?
Detective Lance Moore (05:30:01):
Yes. We were later informed that there was a tag, a license plate flipper that was on the device.
Mr. Vonderheide (05:30:06):
Okay.
Detective Lance Moore (05:30:11):
So we're now at March 25th, 2023, and this is an observation of a web search using Google. And as you can see within, it's Largo Police Department utilizing Firefox.
Mr. Vonderheide (05:30:25):
All right. And so this is in Miami before he drives back towards Tarpon Springs?
Detective Lance Moore (05:30:30):
Correct.
Mr. Vonderheide (05:30:35):
Okay.
Detective Lance Moore (05:30:35):
A little bit of a different one, but this was on March 25th. We're at 12:17. Now we're doing a Google search, Largo Police Department.
Mr. Vonderheide (05:30:46):
Okay.
Detective Lance Moore (05:30:46):
March 25th, 12:18, Firefox Largo Police warrent, W-A-R-R-E-N-T.
Mr. Vonderheide (05:30:54):
All right. Is that misspelled?
Detective Lance Moore (05:30:56):
Yes.
Mr. Vonderheide (05:30:56):
Okay.
Detective Lance Moore (05:31:00):
So now this is a long string of characters from the path that would've been visited as a Google search, Largo Police warrants at 12:18 PM.
(05:31:18)
So we know now that on March 25th at about 3:19 PM, traffic stop took place involving the Toyota Corolla that was driven and occupied by the loan occupant, Mr. Kosowski.
Mr. Vonderheide (05:31:31):
Did that also have a tag device on the back of that car?
Detective Lance Moore (05:31:35):
Yes. This is a picture that was provided showing the Toyota Corolla with the Tarpon Springs Police Department marked vehicle behind it. Interior picture showing a firearm and a bag located on the passenger seat. This is the bag being opened. Again, these are images from the Pinellas County Sheriff's Office.
Mr. Vonderheide (05:32:04):
And the phones were taken out of the car, right?
Detective Lance Moore (05:32:05):
Correct.
Mr. Vonderheide (05:32:05):
Okay.
Detective Lance Moore (05:32:08):
So this was kind of a timeline, just overall of events as I observed that was related to March 21st. We spoke of them previously. We know that the 8:07, there was the email that was sent. 8:08, artifacts indicate the device, his iPhone was powered off. 10:24 AM, the device is powered on. 10: 27, we see from T-Mobile, we see from the illegal calls that there was an outgoing phone call to take place to that telephonic hearing. 11:03, artifacts indicate and suggest that that device is powered off. That device remained powered off until the device is then transported back to Tarpon Springs where we observed the vehicle arriving home. 12:02 device is powered on. And the first interaction that takes place with that device is a text message, "Hey Louis, how are you?"
Mr. Vonderheide (05:33:02):
All right. What do we see that picture of there?
Detective Lance Moore (05:33:04):
So this picture is a picture that I took while doing the extraction and the forensic exam, this is the wallpaper for Mr. Kosowski's device, to include the apps that are visible there.
Mr. Vonderheide (05:33:21):
Okay. All right. So we've been talking about it throughout, but you did get the call detail records and the time of advance data for this device, right?
Detective Lance Moore (05:33:28):
Correct.
Mr. Vonderheide (05:33:29):
Okay. And you were able to chart that and map it out using the tools available to you?
Detective Lance Moore (05:33:33):
Correct.
Mr. Vonderheide (05:33:38):
All right.
(05:33:38)
All right. What's this?
Detective Lance Moore (05:33:40):
So this is just kind of indicating what one might see whenever they look on the maps. This is just cell site markers that would be parsed out within using the KMZ and Google Earth just to help represent the cell towers.
Mr. Vonderheide (05:33:53):
Okay. All right. Time difference of arrival, what does that mean?
Detective Lance Moore (05:33:59):
This is just an explanation of the time difference of arrival or the timing advance, just a measurement of how far the device is from a cell site at a specific time helps to provide distance from that cell site that's constantly passing out signals both as a network to make sure the network is working appropriately. So it helps to provide that distance as well.
Mr. Vonderheide (05:34:22):
Okay.
Detective Lance Moore (05:34:23):
And again, we see that cell site, distance from the cell site. So it's sending out those signals. I kind of often refer to it mentally in my own head as thinking of like a rubber ball. And if that wall were the cells tower, the closer you're to it, the more precise it's going to be. It's going to indicate that you're close to that tower versus it's going to take longer the further back from the cell tower that I am, suggesting that I'm farther away from that cell tower.
(05:34:57)
Again, this is TDOA, time difference of arrival, or timing advance. Estimated location of a device based on the timing, the lat long estimations with a range expressed in confidence. So it's going to have a high confidence if it's within that hundred meters. 100 to 300 is medium. Low is over 300. There can be accuracy issues with the data, but that's also what I referred to earlier, which is why we use additional data such as license plate reader data in this case to help support that.
Mr. Vonderheide (05:35:30):
Okay. What do we have here?
Detective Lance Moore (05:35:31):
So this is a map that I put together of Google Earth Pro. This was the tool that we used Trax provided a KMZ output of that T-Mobile data. And this is the representation as I would've reviewed it during my analysis. It's visibly important to me because as we're doing the investigation, it's going to help us show movement or any interaction that the device is making.
Mr. Vonderheide (05:35:57):
In the upper left hand corner, what do we see up there?
Detective Lance Moore (05:36:00):
So this is March 21st, 2023 and the time is starting out at approximately 7:40 AM.
Mr. Vonderheide (05:36:07):
Okay.
Detective Lance Moore (05:36:09):
And we know based on the previous discussion and records that Mr. Kosowski's device was at his residence on that morning. So as it plays, we're now at about 7:45, we still see some movement indicating that the device is in the area of his residence. We're now at 8:06, 8:09, and then that's the blip right there. So this kind of helps also show that we previously observed the device power off event. We're not seeing any cellular signals or connections during this time period. Down at the bottom, we'll see the Blanchard Law Firm. And as you'll excuse the silence, this is basically just the time of the device being off.
Mr. Vonderheide (05:37:01):
This is the two plus hours that the device is off?
Detective Lance Moore (05:37:04):
Yes. Our next interaction is taking place around 10:20 - ish, whenever we know that this phone call was made, the telephonic phone hearing. We also-
Mr. Vonderheide (05:37:47):
Is that the tower that he's connected to right there, the blue mark?
Detective Lance Moore (05:37:51):
So he would've been connected to the tower that we previously saw that was just south of the Blanchard Law Firm. This data, again, along with the iPhone extraction that we observed that we put together showing that the device was powered on, phone call was made, we're seeing that to remain consistent.
Mr. Vonderheide (05:38:22):
And now the device is powered off again?
Detective Lance Moore (05:38:25):
Correct. The device is powered off where it will remain powered off as we previously saw until approximately 12:02 when it will return back to the area, Tarpon Springs.
(05:38:55)
Based on surveillance video during this timeframe, we now know that the vehicle is within the area of Mr. Kosowski's residence where we now start to see activity with the towers and timing advanced data that places the device in the area of the residence.
(05:39:21)
So this mapping is now showing the evening of March the 21st. You'll see it starts out at about 4:45 PM, Mr. Kosowski's residence. And again, this will show directionality and movement of the device. So we'll eventually start seeing that movement as it will progress on US 19. Again, the dot down here on the bottom of the screen is Blanchard Law Firm. This data would suggest southbound on US 19. We're now at 5:30 PM. Continue southbound. Then we go, we have movement here in the direction of the Blanchard Law Firm. Upon zooming in and following that movement, it appears as if the vehicle went south on 19 onto 66th Street before then going westbound on 142nd Avenue, which runs right by the Blanchard Law Firm and connects to Belcher Road.
Mr. Vonderheide (05:40:31):
Okay. And that's a diversion on the way to Miami?
Detective Lance Moore (05:40:38):
Correct. You see the data plots going south and then they dip over.
Mr. Vonderheide (05:40:41):
Okay.
Detective Lance Moore (05:40:49):
And then now we're south again. So we're now at approximately 6:45 PM where we'll see the data indicate the device is still going south, going down 75. We're now at 7:55 PM. 8:30 PM. 8:50. 9:07, we know there's a connection with the license plate reader. Records show that the device is continuing on that eastbound direction on 41, or Tamiami Trail. We have timing advance records placing it by the dumpster area. It's there for a short amount of time and it continues in that eastbound direction. And we see it returning to the area of the rental home.
Mr. Vonderheide (05:43:02):
There was a gap there in the data. Could that be attributable to very not good cell service in that area on 41?
Detective Lance Moore (05:43:09):
Having been to that area now, having T-Mobile myself, I can attest that there is very limited data, very limited cellular signal in that area.
Mr. Vonderheide (05:43:18):
Okay.
Detective Lance Moore (05:43:26):
So this, again, is a video that I created using the cell analysis data that was provided from the T-Mobile records. This is the evening of March the 23rd. This would've been the data that I obtained on March the 30th when I was provided with that return. The time bar is at 6:55 PM. This was the data that stood out to me as I played it over and over again on March the 30th where we have to go down there today and now. We see from the points of data, the device is in the area of the rental home. We're now at 7:25. 8:02. We're now going westbound. We're in that area of the dumpster. This is at 8:10 PM there and then turning around and going right back. So it was that moment, that looking at that data that suggested to me that something had to be there. There had to been a reason to drive that hour to that remote location to then drive back, in which it returns to the area of the rental home.
Mr. Vonderheide (05:45:03):
And the LPR data corroborates this cell phone data, right?
Detective Lance Moore (05:45:09):
Correct. Again, an overall aerial image from Google, just kind of indicating and showing that loop road area, Tamiami Trail, 41 with the dumpster. Similar image to what we observed earlier, Loop Road, location of the dumpster.
Mr. Vonderheide (05:45:33):
All right. So in your investigation, did you find out about the trash collections and the potential video?
Detective Lance Moore (05:45:40):
Yes. March 31st, I received information when we were down in that area that the dumpster would've been emptied on that date of the 23rd by Waste Management. So myself and Detective Bolton responded to the Collier County Landfill where we spoke with employees and were able to obtain a surveillance video of the truck.
Mr. Vonderheide (05:46:03):
So did you get to watch that video on the 31st?
Detective Lance Moore (05:46:04):
Yes.
Mr. Vonderheide (05:46:04):
Okay. Is this it?
Detective Lance Moore (05:46:10):
Yes.
Mr. Vonderheide (05:46:15):
All right. What did you observe that was of concern to you when viewing that video?
Detective Lance Moore (05:46:18):
So my observation is this large object that one could see. You can see how other items in trash bags are falling out and they're falling out at their own pace. However, this large bag had, you could tell, weight to it. And as it fell, as it hit the other items, the items itself just kind of slumped in that direction, which would've been, to me, suggestive or indicative of a body being within that bag.
Mr. Vonderheide (05:46:56):
Were you there when the canine officers were present on that scene as well?
Detective Lance Moore (05:47:00):
I was not there when the ... Are you referring to which location?
Mr. Vonderheide (05:47:06):
At the dumpster.
Detective Lance Moore (05:47:06):
At the dumpster? No. At that point in time, I was informed by Sergeant Pajinski that a cadaver dog had a positive hit on the dumpster.
Mr. Vonderheide (05:47:17):
Okay. So what are we looking at here?
Detective Lance Moore (05:47:18):
So this is the Collier County Landfill, which we were informed that the Waste Management truck would have taken the items from that dumpster and brought it to this Collier County Landfill. So this is the image that was provided to us after our several days of searching. Day one, which I was involved with on April the 1st of 2023. So this is just showing the amount of area that we covered and 64 feet by 49 feet doesn't sound like a lot to some, but we're also talking about depth, not just an overall topical surface, but depth as well that would've been searched by a whole team of detectives from multiple agencies during that day in our attempts of trying to find something of Mr. Cozzi's so that we could provide some closure.
Mr. Vonderheide (05:48:21):
How far down do you think you dug down when you were there?
Detective Lance Moore (05:48:26):
I don't recall. I just know it was several, several feet. Again, we're sun up to sundown, at least 12 hour shifts in the heat of the sun, just carefully going through items. As I think back now, it kind of was a very kind of emotional, psychologically daunting time because you would pause upon finding a trash bag, the hopes of something being related to Mr. Cozzi. I recall as we would pause, we would let the canine dogs walk out, do their searches. So everybody would hesitate hoping that you'd have a positive hit from the canine only for nothing to happen. And then you go back at it again, only to pause and do the same thing over and over again.
Mr. Vonderheide (05:49:25):
How many days were you down there?
Detective Lance Moore (05:49:27):
So I was down there on day one of the search, which was on April 1st, I then responded back and then the other teams were down there for day two and day three. And that's the conclusion of the PowerPoint.
Tomasz Kosowski (05:49:48):
[inaudible 05:49:57]
Mr. Vonderheide (05:50:04):
Was anything from Mr. Cozzi recovered down there in that landfill?
Detective Lance Moore (05:50:07):
No, sir.
Mr. Vonderheide (05:50:08):
Was the surrounding area of the search where the dumpster was, is that right?
Detective Lance Moore (05:50:14):
Yes.
Mr. Vonderheide (05:50:14):
All right. How many agencies were down there searching in that area of Loop Road at 41?
Detective Lance Moore (05:50:20):
I believe there was at least probably five agencies, Miccosukee Tribe, Collier County Sheriff's Office, National Park Service, members of the Largo Police Department, several people.
Mr. Vonderheide (05:50:34):
And he was not recovered down there?
Detective Lance Moore (05:50:35):
No.
Mr. Vonderheide (05:50:37):
Did he have a cell phone?
Detective Lance Moore (05:50:39):
Yes.
Mr. Vonderheide (05:50:39):
All right. Where was that cell phone left?
Detective Lance Moore (05:50:43):
Mr. Cozzi's device was left at his desk.
Mr. Vonderheide (05:50:48):
Okay. Did he have an Apple Watch that you learned about?
Detective Lance Moore (05:50:48):
Yes.
Mr. Vonderheide (05:50:49):
All right. Was it one of those Apple Watches that's connected to cell towers?
Detective Lance Moore (05:50:51):
I don't recall. I believe, based on notes, it was connected to the device only.
Mr. Vonderheide (05:50:56):
Okay. So Bluetooth connected device only?
Detective Lance Moore (05:51:00):
Yes. If I recall correctly, I sent respondence to Apple that indicated that the device could not be found due to the loss of connection.
Mr. Vonderheide (05:51:31):
Okay. In your review of Dr. Kosowski's device, his track phone and his iCloud, did you see any other communications between Dr. Kosowski and Steven Cozzi other than lawsuit related communications?
Detective Lance Moore (05:51:48):
No. Everything appeared to be business related.
Mr. Vonderheide (05:51:52):
Okay. And so you would, of course, noted that if you observed anything like that?
Detective Lance Moore (05:51:56):
Yes.
Mr. Vonderheide (05:52:00):
I have nothing further. I pass the witness.
Mr. Vonderheide (05:52:03):
Any cross examination?
Tomasz Kosowski (05:52:04):
Yes, just a few questions, Your Honor.
(05:52:26)
Detective Moore?
Detective Lance Moore (05:52:27):
Yes.
Tomasz Kosowski (05:52:27):
Good afternoon.
Detective Lance Moore (05:52:28):
Afternoon.
Tomasz Kosowski (05:52:29):
You can see the slides okay?
Detective Lance Moore (05:52:32):
I can, yes.
Tomasz Kosowski (05:52:33):
Okay. Can you tell me what's going on in this slide?
Detective Lance Moore (05:52:36):
So this is referring to March 21st, 2023, indicating that the device was locked. This was data taken and analyzed from the full file system extraction of your iPhone. It indicates that the device is locked from 4:40 PM to 5:02 PM.
Tomasz Kosowski (05:52:54):
And how are you getting this information?
Detective Lance Moore (05:52:57):
This information was parsed out by the tools that we have. Again, I use multiple tools to see the same reflective data.
Tomasz Kosowski (05:53:06):
And specifically, does that indicate the source as being KnowledgeC?
Detective Lance Moore (05:53:12):
That is the database table that this data comes from, yes.
Tomasz Kosowski (05:53:15):
Okay. So you're saying this comes from multiple tools?
Detective Lance Moore (05:53:20):
Multiple tools. I use multiple tools to view the extraction of your full file system from your phone.
Tomasz Kosowski (05:53:26):
No, but this specific information right here in the 4: 40 to 5:02, where is that coming from? Which tool is being used?
Detective Lance Moore (05:53:35):
That information, the timing that you're referring to is coming from the KnowledgeC database.
Tomasz Kosowski (05:53:39):
Okay. And again, what does device lock mean?
Detective Lance Moore (05:53:45):
Device lock would mean that your iPhone was locked, so it's not being utilized.
Tomasz Kosowski (05:53:50):
It's not being used?
Detective Lance Moore (05:53:52):
Not being utilized.
Tomasz Kosowski (05:53:54):
What would happen if that phone were to move out of a wifi zone? Would that come off lock?
Detective Lance Moore (05:54:01):
No, it would be device interaction. So if you either use your face or enter the passcode, that would unlock the device. So it being locked would have no involvement with the wifi.
Tomasz Kosowski (05:54:13):
Okay. So it doesn't mean that the device physically is moving?
Detective Lance Moore (05:54:17):
Correct.
Tomasz Kosowski (05:54:17):
Okay. And it doesn't mean that wifi would be cycled on and off or anything like that?
Detective Lance Moore (05:54:27):
It's simply your phone being locked and not being utilized.
Tomasz Kosowski (05:54:30):
So can we go to the next slide? So at this point in time, the Corolla leaving the house and getting out of the wifi range, it wouldn't unlock the device?
Detective Lance Moore (05:54:41):
No, sir. Again, device interaction.
Tomasz Kosowski (05:54:43):
Okay. And can you go a couple more?
Speaker 9 (05:54:47):
Do you know which one?
Tomasz Kosowski (05:54:49):
Well, let's go one by one.
Speaker 9 (05:54:49):
Okay.
Tomasz Kosowski (05:54:49):
All right. And one more, please. Okay. So it was seen that Corolla left, came back in, reconnected to wifi, device is still locked, right?
Detective Lance Moore (05:55:09):
Based upon the timings that we saw of that timeframe on that slide shows when the device was locked.
Tomasz Kosowski (05:55:15):
Okay. Can you turn to page, excuse me, to Slide 111? I want to talk to you a little bit about this Loop Road address, all right? Now you said ... On this slide, can you tell me what's going on?
Detective Lance Moore (05:55:31):
So this was timing advanced data observed from your T-Mobile records, and as I would review that, it is indicative that the device is in the area of Loop Road and Tamiami Road.
Tomasz Kosowski (05:55:44):
Okay. So at 9:34 PM on the 21st, I'm at that intersection, right?
Detective Lance Moore (05:55:50):
Correct.
Tomasz Kosowski (05:55:51):
Okay. And can you go to the next? And then tell me about this slide.
Detective Lance Moore (05:55:56):
So that slide indicates that your license plate on your Toyota Corolla was captured at 9:36 going eastbound at 52195 US 41 or Tamiami Trail.
Tomasz Kosowski (05:56:07):
And how far away is that license plate reader from the intersection, from the previous slide?
Detective Lance Moore (05:56:12):
From the intersection of Loop Road?
Tomasz Kosowski (05:56:14):
Yeah.
Detective Lance Moore (05:56:14):
It's a few miles.
Tomasz Kosowski (05:56:15):
A few miles?
Detective Lance Moore (05:56:16):
Yes.
Tomasz Kosowski (05:56:17):
Two?
Detective Lance Moore (05:56:18):
One can speculate that. I don't have that mapped out, but I know it's a small amount of distance above a few miles, yes.
Tomasz Kosowski (05:56:24):
Okay. So hypothetically, let's say it's two miles. All right? So in two minutes, I went two miles. That would mean I'm traveling 60 miles an hour, correct?
Detective Lance Moore (05:56:34):
Well, that's the hypothetical part is I don't know how fast you were driving that night.
Tomasz Kosowski (05:56:38):
Well, hypothetically, if I'm two miles away and it takes me two minutes to get there, I'm driving 60 miles an hour.
Detective Lance Moore (05:56:45):
If that's what you say, yes.
Tomasz Kosowski (05:56:47):
You can't do the math?
Detective Lance Moore (05:56:49):
I don't do the math as far as speeds. I just use the data points to help capture that for the license plate reader.
Tomasz Kosowski (05:56:54):
If I'm at 6:34 at Loop Road and 6:36, two miles away, traveling 60 miles an hour, how did you conclude that I stopped for one to three minutes at Loop Road?
Detective Lance Moore (05:57:07):
Well, again, I am going off the license plate reader data from the previous point that we have, which is known data point. We have the timing advance data, which is approximate data points of putting your device within the Loop Road intersection. Our next known data fact is this license plate reader point. So what occurs in between is approximations. These are known events. Again, as far as how fast you were traveling that night, I don't know. I don't have access to. We don't have that data.
Tomasz Kosowski (05:57:38):
But surely you can see that somebody driving 60 miles an hour down on Tamiami, that's pretty consistent with the speed limit there, right?
Detective Lance Moore (05:57:46):
If you're going the speed limit, it's a two lane road and it's very sparse traffic.
Tomasz Kosowski (05:57:51):
Okay. So one more time, walk me through how you concluded that in this 9:34 to 9: 36 timeframe, all right, which I seem to be traveling consistent with the speed limit at Tamiami, I somehow managed to stab for three minutes at Loop Station.
Detective Lance Moore (05:58:12):
Again, that was an approximation that I had because I have the data points, but I don't know what your speed was, and that's what I stand by.
Tomasz Kosowski (05:58:23):
I can't reason with you, can you?
Mr. Vonderheide (05:58:25):
Objection. This is argumentative.
Mr. Vonderheide (05:58:27):
All right. I'll sustain the objection.
Tomasz Kosowski (05:58:28):
Nothing further, Your Honor.
Mr. Vonderheide (05:58:34):
Okay. Any redirect?
Mr. Vonderheide (05:58:35):
Just if your phone's in a locked safe, like mine's been sitting here, do not disturb for a while. It's been locked, right?
Detective Lance Moore (05:58:42):
Yes.
Mr. Vonderheide (05:58:43):
If I was connected to the wifi in the courtroom, it can still connect to the wifi even thou it's locked, right? Auto-connected to it?
Detective Lance Moore (05:58:50):
Yes. Once you're connected to the wifi, it's going to remain connected as long as you stay within that range.
Mr. Vonderheide (05:58:54):
Okay. So as it relates to say, for example, when a phone's in maybe locked status, when you go to a law firm when you're not supposed to be there, it would still auto-connect to a wifi?
Detective Lance Moore (05:59:03):
It will auto-connect to that device.
Mr. Vonderheide (05:59:04):
Okay. I have nothing further.
Mr. Vonderheide (05:59:07):
All right. Thank you, sir. You may step down.
Detective Lance Moore (05:59:08):
Thank you.
Mr. Vonderheide (05:59:14):
All right. Ms. Sperando, please call your next witness.
Ms. Spadaro (05:59:16):
Yes, Your Honor. The State would call Dr. Hector Vila.
Mr. Vonderheide (05:59:17):
Is he going to be our last witness of the deck?
Ms. Spadaro (05:59:17):
He will be.
Mr. Vonderheide (05:59:17):
That's fine.
Speaker 10 (05:59:17):
[inaudible 05:59:35].
(05:59:17)
Step this way, please.
(05:59:17)
Can you stand right next to me, Doctor? Face Madam Clerk, raise your right hand [inaudible 06:00:09]-
Clerk (05:59:17):
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?
Tomasz Kosowski (05:59:17):
I do.
Mr. Vonderheide (06:00:23):
[inaudible 06:00:15] Good afternoon, sir.
Dr. Vila Jr. (06:00:28):
Good afternoon, Your Honor.
Mr. Vonderheide (06:00:29):
Ms. Sperando, you may inquire.
Ms. Spadaro (06:00:29):
Thank you, Your Honor. Good afternoon.
Dr. Vila Jr. (06:00:29):
Good afternoon.
Ms. Spadaro (06:00:30):
Will you please introduce yourself to the court and spell your full name for the record?
Dr. Vila Jr. (06:00:34):
I'm Dr. Hector Vila Jr. My name is spelled H-E-C-T-O-R V-I-L-A.
Ms. Spadaro (06:00:43):
And Dr. Vila, what do you do for a living? As in what specific area of medicine do you practice?
Dr. Vila Jr. (06:00:48):
I'm an anesthesiologist.
Ms. Spadaro (06:00:50):
Okay. And do you own your own practice?
Dr. Vila Jr. (06:00:53):
I do.
Ms. Spadaro (06:00:53):
What is the name of that practice?
Dr. Vila Jr. (06:00:55):
Pediatric Dental Anesthesia Associates.
Ms. Spadaro (06:00:58):
And where is that practice located?
Dr. Vila Jr. (06:01:00):
Tampa.
Ms. Spadaro (06:01:01):
How long have you owned it?
Dr. Vila Jr. (06:01:03):
For about 20 years.
Ms. Spadaro (06:01:06):
And do you also have privileges at other medical practices or hospitals?
Dr. Vila Jr. (06:01:10):
I do.
Ms. Spadaro (06:01:10):
Where?
Dr. Vila Jr. (06:01:11):
Tampa General Hospital.
Ms. Spadaro (06:01:13):
And what is the role of an anesthesiologist? What procedures do you typically perform?
Dr. Vila Jr. (06:01:18):
We provide anesthesia for patients, and that means that we put patients to sleep for surgical procedures, and that's to render the patient first unconscious so they're unaware of what goes on, but also immobile so that the surgeon can perform the procedures that need to be performed without the patients responding or withdrawing.
Ms. Spadaro (06:01:47):
And how long have you been an anesthesiologist?
Dr. Vila Jr. (06:01:49):
Since 1991.
Ms. Spadaro (06:01:51):
Can you walk the court through your educational background as it relates to anesthesiology?
Dr. Vila Jr. (06:01:56):
Sure. So after college, I went to medical school. So medical school is four years, and I went to medical school in Louisiana at Louisiana State University. After four years of medical school, you go to a residency. And in my case, it was four years. The first year was an internship and then three years of medical anesthesiology training.
Ms. Spadaro (06:02:20):
Okay. And do you hold any board certifications?
Dr. Vila Jr. (06:02:22):
I do. I'm board certified by the American Board of Anesthesiology.
Ms. Spadaro (06:02:26):
And what does it mean to be board certified?
Dr. Vila Jr. (06:02:28):
Board certified means that you satisfied several requirements. The first is that you do a residency, an accredited residency in the subspecialty, and then there's some examination requirements. And following that, there's some maintenance of certification requirements. So first thing is you do a accredited residency. Following that, the examination requirements, in the case of the American Board of Anesthesiology, there's a written exam, so you have to pass that. After you pass that, then you take an oral examination. The written exam-
Dr. Vila Jr. (06:03:00):
Then you take an oral examination. The written exam is more of a exam of knowledge, like do you know what's in the textbooks? The oral exam is an exam of how do you apply the knowledge? So they don't ask you what's two plus two. They ask you what would you do in this situation? And so after you pass both of those, then you become board certified. And then in order to maintain the board certification, different boards have different requirements. There may be a follow-up examination in five or 10 years and/or some additional requirements for education.
Ms. Spadaro (06:03:39):
How long have you been board certified?
Dr. Vila Jr. (06:03:41):
Since 1994.
Ms. Spadaro (06:03:45):
And do you also teach?
Dr. Vila Jr. (06:03:47):
I currently don't have a teaching role that I had in the past. I was director of resident education, for instance, for the residency of the University of South Florida Anesthesiology Residency. And I was at the Moffitt Cancer Center. And so I had a significant teaching role and responsibility in that capacity from about 2000 to 2009.
Ms. Spadaro (06:04:14):
And what did you teach specifically?
Dr. Vila Jr. (06:04:15):
Anesthesiology. So I taught residents, medical students, in the operating room, I taught them anesthesiology.
Ms. Spadaro (06:04:27):
And those who do a residency in general surgery, are those people you would teach?
Dr. Vila Jr. (06:04:33):
They were. So they would train alongside, obviously, since I was training the anesthesia residents, because for instance, Tampa General there's a general surgery residency. So the general surgery residents would work alongside the anesthesia residents since we were co-managing patients.
Ms. Spadaro (06:04:48):
Okay. And just based on your experience in the field and also teaching, is it often that people, for example, who later on specialize in plastic surgery start off in gen, general surgery as a resident?
Dr. Vila Jr. (06:05:02):
Yes.
Ms. Spadaro (06:05:02):
Okay. Are you on the Florida Board of Medicine?
Dr. Vila Jr. (06:05:06):
I am.
Ms. Spadaro (06:05:07):
What is the Florida Board of Medicine?
Dr. Vila Jr. (06:05:09):
So the Board of Medicine is comprised of physician and public members. And our responsibility is to oversee the licensure in the disciplinary cases of the physicians in the state.
Ms. Spadaro (06:05:23):
And how does one become a member?
Dr. Vila Jr. (06:05:25):
I was appointed by the governor, and my case was back in 2016 by Governor Scott.
Ms. Spadaro (06:05:36):
Okay. And what's your current position on the board now?
Dr. Vila Jr. (06:05:37):
I'm a board member. I chair a couple of committees. I chair a rules' committee. I'm also on the credentials committee and the surgical care committee.
Ms. Spadaro (06:05:49):
So I want to transition to this case. How did you get involved in this case?
Dr. Vila Jr. (06:05:53):
I was contacted by one of the state's attorneys, and I feel like it was a year ago or so at first, just to first ask some questions about a particular medication, succinylcholine. And that's my best recollection. A little general information about the case and then specifically why they were interested in talking to me about it.
Ms. Spadaro (06:06:24):
All right. And you mentioned succinylcholine. So as an anesthesiologist, are you familiar with what succinylcholine is and how it works?
Dr. Vila Jr. (06:06:31):
Yes.
Ms. Spadaro (06:06:32):
Can you tell us what it is?
Dr. Vila Jr. (06:06:35):
It's a muscle relaxant. It falls into a class of medications that anesthesiologists use, and it's one of those medications. It's unique in that it's a depolarizing muscle relaxant. The other class of muscle relaxants are non-depolarizing. They have a longer duration of action, but also a longer onset time. And so succinylcholine is kind of unique. It's probably the most commonly used of those muscle relaxants.
Ms. Spadaro (06:07:06):
Okay. And how does it work specifically? What does it do to someone's body if someone gets succinylcholine administered to them?
Dr. Vila Jr. (06:07:12):
Yeah. In general terms, it interacts at the muscle level and it kind of overwhelms the cells. There's a competition of this molecule, the succinylcholine molecule at the endplate where the contraction occurs, and it blocks it. First, it initially stimulates it, so you see some contraction responses, and then afterwards the muscle's relaxed. And once it's there in concentration, it overwhelms it and then it's metabolized. So as it's metabolized, that's when you see that the effects wear off.
Ms. Spadaro (06:07:54):
All right. When it's administered to somebody, can they move their body or are they paralyzed?
Dr. Vila Jr. (06:08:02):
That's the goal. It causes the muscle at first to contract and then relax, and then you're unable to move that muscle at all during the duration of action of that medication.
Ms. Spadaro (06:08:18):
And what is the purpose of this medication under normal lawful circumstances, like when it's administered to a patient in a hospital?
Dr. Vila Jr. (06:08:25):
Yeah. So during the anesthesia, as I said early on, there's two components. One is to make the patient unaware of what goes on. That's an anesthetic that provides sedative or hypnotic or amnesia properties. And that's a very desirable thing because the patients don't want to remember. So that's one component. But the other component, again, the sedatives would not keep a patient maybe from having a response to something stimulating, something painful and/or sometimes muscles at the very muscular level will respond even though the patient's asleep. So that's the second component of anesthesia is to relax all the muscles so that the surgeon can do the procedure without the muscles pulling back or the patient, as I said, responding and pulling away.
Ms. Spadaro (06:09:22):
So you said there's two components. One would be the sedative.
Dr. Vila Jr. (06:09:24):
That's correct.
Ms. Spadaro (06:09:25):
And the other would be the relaxant.
Dr. Vila Jr. (06:09:27):
That's right.
Ms. Spadaro (06:09:27):
Is succinylcholine a sedative?
Dr. Vila Jr. (06:09:29):
It is not a sedative.
(06:09:31)
It doesn't do anything. It stops you from being able to move, but you're completely awake and aware of what goes on.
Ms. Spadaro (06:09:38):
So totally cognizant after it's administered?
Dr. Vila Jr. (06:09:40):
That's correct. And just thinking back, I may not have completely answered the question. As an anesthesiologist, our role with this muscle relaxant is to render the patient that is now deeply sedated. We want to be able to breathe for them because many of the sedatives, especially the opioids, many of them will interfere with breathing. And so what we want to do is just take over breathing to make sure that the patient is well oxygenated during the anesthetic. So we generally administer the muscle relaxant right after the sedative hypnotic. So we'll administer a sedative hypnotic, like you may have heard of propofol, for instance, that'll put you to sleep, but won't relax your muscles. Following a propofol, we'll administer succinylcholine and then the patient's completely unable to respond. At that point, we place a breathing tube down into the windpipe, that's called intubation. And succinylcholine or any of the other muscle relaxants facilitates endotracheal intubation. And that's the primary way that we use that medication.
Ms. Spadaro (06:10:50):
Okay. So after that medication is administered to somebody, just want to make sure I'm understanding, you would have to then take over breathing for them?
Dr. Vila Jr. (06:10:58):
That's correct.
Ms. Spadaro (06:10:58):
And why? What does it do to the muscles that allow you to breathe on your own?
Dr. Vila Jr. (06:11:04):
So they're paralyzed along with all the muscles in your arms and legs. Your breathing muscles are paralyzed, so you won't breathe.
Ms. Spadaro (06:11:12):
Okay. So you can't move your respiratory muscles either then if it's administered?
Dr. Vila Jr. (06:11:16):
That's correct.
Ms. Spadaro (06:11:17):
All right. Can it be administered both intramuscularly and intravenously?
Dr. Vila Jr. (06:11:23):
It can be.
Ms. Spadaro (06:11:23):
And what's the difference?
Dr. Vila Jr. (06:11:25):
So intravenous administration is when you have an IV in place and you give it through that IV, so it reaches the circulation much quicker. It can also be administered intramuscularly, but the onset of action is slower because it has to be absorbed from the muscle and then enter the circulation and then circulate throughout the body.
Ms. Spadaro (06:11:47):
So what is the average onset of action for both if it's administered either intramuscularly or intravenously?
Dr. Vila Jr. (06:11:52):
Yeah. So intravenously is very quick, 30 to 60, maybe up to 90 seconds intravenously. And usually intramuscularly is a little slower than that, one to three minutes. Depends on what muscle it's given in and what volume it's given in. So it's hard to give you a firm answer. So if you give a bigger dose, it works faster. The onset's quicker and it works faster and works longer. You give a smaller dose, it takes a little longer to work and won't last as long.
Ms. Spadaro (06:12:23):
All right. And you mentioned that it paralyzes the respiratory muscles. What about the cardiac muscles?
Dr. Vila Jr. (06:12:29):
No, it doesn't. The cardiac muscle is not affected by succinylcholine.
Ms. Spadaro (06:12:35):
So blood's still pumping?
Dr. Vila Jr. (06:12:36):
It is.
Ms. Spadaro (06:12:37):
Can't move your limbs though?
Dr. Vila Jr. (06:12:38):
That's correct.
Ms. Spadaro (06:12:44):
All right. You mentioned that after it's administered, somebody is cognizant still, but they can't move. What about the ability to feel everything that happens to them after it's administered? Can they still feel things?
Dr. Vila Jr. (06:12:57):
They can still feel everything.
Ms. Spadaro (06:12:58):
Would that be the purpose then to add that sedative action so that they're not awake and they can't feel what's happening to them during a surgical procedure?
Dr. Vila Jr. (06:13:06):
That's correct.
Ms. Spadaro (06:13:06):
So separate and apart from a sedative, if it's administered to somebody, they are cognizant of everything, they can't move and they can feel everything?
Dr. Vila Jr. (06:13:14):
That's correct.
Ms. Spadaro (06:13:14):
All right. Let's talk about the dosage. And you mentioned that at a higher dosage, the onset might be faster and last longer. And at a lower dosage, it'll take a little bit longer to take effect and it won't last as long. Is that right?
Dr. Vila Jr. (06:13:33):
That's correct.
Ms. Spadaro (06:13:35):
Are there some factors depending on the person's height and weight on how long it'll take to onset and how long it will actually last?
Dr. Vila Jr. (06:13:42):
It is. And it's frequently dosed on a milligram per kilogram basis. So that's depending on, for instance, I practice primarily pediatric anesthesia. So in a pediatric population, it could be a one-year old that weighs 20 pounds or it could be a four-year old that weighs 40 pounds and on up. So we dose it as a milligram per kilogram basis. So in an adult that may weigh say 150 pounds, then you'd have to use that proportionally more for that patient.
Ms. Spadaro (06:14:20):
All right. In general though, can succinylcholine be lethal if the right dosage, depending on the height and weight of the patient, is administered and no one assists with the person's breathing?
Dr. Vila Jr. (06:14:30):
That's correct.
Ms. Spadaro (06:14:31):
Okay. How would that cause somebody to die?
Dr. Vila Jr. (06:14:38):
Well, because they can't breathe. Then look, in anesthesia, this is a complication because we will administer the sedative, then administer the muscle relaxant. And if we're unable to perform that procedure, that intubation procedure that I said, then the patient will go on to either die or certainly suffer brain death. And that's a common... Not common [inaudible 06:15:06]. Things that go bad with anesthesia, that's one of our complications. It's the known complication. It's the unable to intubate. So for that reason, the anesthesiologist spend a lot of time to make sure before we put somebody to sleep and paralyze them that we can intubate them and breathe for them.
Ms. Spadaro (06:15:28):
And you mentioned that you would teach residents who were in general surgery. Would you teach them how to use succinylcholine when you taught?
Dr. Vila Jr. (06:15:36):
Yes.
Ms. Spadaro (06:15:36):
Okay. May I approach the court?
Richard Kules (06:15:36):
You may.
Ms. Spadaro (06:15:36):
Dr. Vila, this has already been entered into evidence as state's 54. I just want you to, if you can, take a look at it. There are some labels around, but what are we looking at here?
Dr. Vila Jr. (06:16:05):
So there's a vial that's labeled succinylcholine chloride injection, 200 milligrams per mil, 10 mils. This is a standard unit vial. It's very common. It's what I've used most of my career and it comes in a unit dose. So for a patient that you're going to anesthetize, usually the hospital will give you this vial and you would use some of this or all of it as the muscle relaxant that you administer.
Ms. Spadaro (06:16:42):
Okay. [inaudible 06:16:43], also in the bag is what?
Dr. Vila Jr. (06:16:44):
Yes. Also in the bag is a needle, an 18 gauge needle, which is the common size that we use, as well as a syringe that also has a needle on it. It's a three CC syringe, so it would take up three CCs. And in this particular vial is 10CCs. So this is 10 milliliters of solution and there's a three CC syringe in the bag.
Ms. Spadaro (06:17:14):
Thank you. Is this vial you just looked at, was it open or unopened?
Dr. Vila Jr. (06:17:30):
You have to show it to me just so I can be sure. I'm sorry.
Ms. Spadaro (06:17:38):
That's okay.
Dr. Vila Jr. (06:17:38):
This particular vial is unopened.
Ms. Spadaro (06:17:40):
So is it a requirement that plastic surgery offices keep vials of succinylcholine at their surgical center?
Dr. Vila Jr. (06:17:49):
Yeah. So the plastic surgery offices that are performing surgery in their offices are required to be... They are regulated by the Board of Medicine, specifically the surgical care subcommittee. And the Board of Medicine has a set of rules that require certain things of the offices where surgery is performed. They require certain monitors, certain medications, certain policies, procedures. Succinylcholine is one of those medications that's required.
Ms. Spadaro (06:18:20):
And how is it typically stored?
Dr. Vila Jr. (06:18:23):
The requirements for storage typically are to keep it refrigerated and that's so that you can maintain potency. So the higher temperature, the less potent it becomes.
Ms. Spadaro (06:18:37):
And when succinylcholine is ordered to come to a surgical center, it's not just one vial typically, right? It's be a box of vials?
Dr. Vila Jr. (06:18:44):
That's correct.
Ms. Spadaro (06:18:45):
All right.
Dr. Vila Jr. (06:18:48):
That box, just to be complete, is usually has 10 vials in it.
Ms. Spadaro (06:18:53):
10?
Dr. Vila Jr. (06:18:53):
10, yeah.
Ms. Spadaro (06:18:54):
Okay. Now, you mentioned height and weight could be a factor, but hypothetically, if someone is 5'10", between 190 to 195, would administering an entire vial, like one that we just saw, of succinylcholine be lethal if that person had no assistance in breathing?
Dr. Vila Jr. (06:19:11):
I would say it's very likely that it would be. I would say if the whole vial was administered effectively, it would likely be.
Ms. Spadaro (06:19:31):
Okay. Even if not lethal, because there's possibility it might not be, what are the effects it would have on a person of that size?
Dr. Vila Jr. (06:19:39):
It would certainly make them unable to move. They would be completely limp for a period of, I would say a minimum of eight minutes and then regain some function, but probably for more like 10 to 15 minutes.
Ms. Spadaro (06:20:03):
Now, you mentioned that in that bag that I showed you alongside of the vial of succinylcholine, that there was a three CC syringe.
Dr. Vila Jr. (06:20:12):
Yes.
Ms. Spadaro (06:20:12):
Let's talk about a lower dosage then. So if a lower dosage such as a three CCs of succinylcholine was administered to someone at that same height and weight, what would you expect to see?
Dr. Vila Jr. (06:20:24):
So that's a little more difficult to answer just because it's not something I normally do. We normally give a big enough dose so that they become completely flacid, and that's the target of most of the studies. But certainly a smaller dose would work. And there are occasions where I do administer that smaller dose. And I'll do it if say, a child is having trouble breathing, they go into a state called laryngospasm. I'll administer a much smaller dose, a half milligram per kilogram, a quarter milligram per kilogram to a patient. And in those cases, it makes them completely relaxed. So I would say if the smaller dose was administered, I can say with a high degree of certainty that their muscle function will be so that they will be either limp or nearly completely limp with just that smaller dose.
Ms. Spadaro (06:21:24):
So even with a smaller dose, you would expect to see weakness in the muscles?
Dr. Vila Jr. (06:21:28):
I would.
Ms. Spadaro (06:21:29):
And would you expect to see a lack of ability to resist or to move?
Dr. Vila Jr. (06:21:34):
I would.
Ms. Spadaro (06:21:36):
Okay. How long would that take to start feeling the effects that you just described with that low of a dosage?
Dr. Vila Jr. (06:21:45):
Intramuscularly?
Ms. Spadaro (06:21:46):
Either. How about both?
Dr. Vila Jr. (06:21:49):
IV, it'd be pretty quick within 30 to 60 seconds. Intramuscularly, which I've done in my career because I didn't have an IV and I had a patient that was having difficulty breathing, so you at least give it intramuscularly, still within a minute to a minute and a half it works. And you see the onset of relaxation pretty quickly. Within 30 seconds, you'll see some muscle stiffness, rigidity, and then relaxation.
Ms. Spadaro (06:22:18):
Okay. And like you said, it's hard to say because you normally give a different dosage, but what would you expect or how long would you expect to see the effects last on that person at a lower dosage?
Dr. Vila Jr. (06:22:28):
I'd say five minutes is what most of the studies say, and that goes along with my clinical experience, five to 10 minutes. So for instance, in situations where I've had to give it intramuscularly at the lower dose, I still have to bag that patient for a while. So I've got to breathe for them. If not, the saturations drop. There are lots of adverse anesthesia outcomes that occur when a muscle relaxant's given and they're unable to intubate or ventilate the patient. So it's a high degree, much more likely than not that a patient that's given even a subclinical dose will certainly be unable to resist, but would also have trouble breathing.
Ms. Spadaro (06:23:19):
And you said that would be five to 10 minutes?
Dr. Vila Jr. (06:23:19):
Yes.
Ms. Spadaro (06:23:24):
In this case, were you provided with web searches... The court just saw this, but web searches purportedly from Dr. Kosowski's devices where he was searching succinylcholine?
Dr. Vila Jr. (06:23:35):
Yes.
Ms. Spadaro (06:23:36):
And were you actually provided with website like hyperlinks to go to the different [inaudible 06:23:41]?
Dr. Vila Jr. (06:23:41):
Yes.
Ms. Spadaro (06:23:42):
And what did you notice when you accessed those links? What types of information did you see?
Dr. Vila Jr. (06:23:51):
The search is primarily centered around onset of action, route of administration, could it be given intramuscularly and duration of action.
Ms. Spadaro (06:24:05):
So duration of action, what is that referring to?
Dr. Vila Jr. (06:24:08):
How long it would last.
Ms. Spadaro (06:24:10):
And you said something about intramuscular, are you talking about the dangers of intramuscular succinylcholine? Is that what you're referring to, that search?
Dr. Vila Jr. (06:24:21):
Yes.
Ms. Spadaro (06:24:21):
When you went to that website, what did you observe?
Dr. Vila Jr. (06:24:28):
So the literature for anesthesiologists that looks at dangers also looks at some of the associated complications with use of the medication. So for instance, what happens if you can't intubate? And some of the web searches were maybe use a smaller dose so they can wear off sooner and the chances of having a morbid event or less. So that would be one thing. The other thing was the other diseases associated with succinylcholine like malignant hypothermia, cholinesterase deficiency, which causes a longer duration of action. So there's these other diseases that are associated with that drug.
Ms. Spadaro (06:25:10):
May I have a moment?
Richard Kules (06:25:14):
You may.
Ms. Spadaro (06:25:14):
I have no further questions. Thank you.
Richard Kules (06:25:20):
[inaudible 06:25:20] cross examination. All right. Thank you, sir. You may step down.
Ms. Spadaro (06:25:20):
Thank you.
Richard Kules (06:25:33):
Have a good weekend. All right. So that's all the witnesses for today, right?
Speaker 11 (06:25:36):
Yes.
Richard Kules (06:25:37):
All right. So as I've said before, Monday is a Florida Supreme Court mandated holiday, so there's no court on Monday. On Tuesday, I do have pretrials. I think before I said we'll start at 10:45. Let's make it a 10:30. I was able to be right on time today, so hopefully that works out on Tuesday. On Wednesday and Thursday, if we need them, I can probably get another judge to handle those. So we can definitely finish by Thursday. That includes closing arguments and whatever other issues we need to deal with. Anything else we need to talk about?
Speaker 11 (06:26:19):
No, Your Honor.
Richard Kules (06:26:20):
Okay. Mr. Kosowski, anything else we need to talk about?
Mr. Kosowski (06:26:24):
No, Your Honor.
Richard Kules (06:26:24):
All right. So we'll see you on Tuesday at 10:30. All right.
