State v Brian Robinson TRIAL - WITNESS TESTIMONY Prison Rape 2024
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1 2 IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT, IN AND FOR BAKER COUNTY, FLORIDA 3 CASE NO. 02-2019-CF-382--A 4 STATE OF FLORIDA 5 vs. 6 BRIAN LOUIS ROBINSON, 7 8 9 Defendant. ______________________________ Proceedings: JURY TRIAL (EXCERPTS - WITNESS TESTIMONY) Before: THE HONORABLE PHILLIP PENA Circuit Judge 12 Date: February 13, 2024 13 Place: Baker County Courthouse Macclenny, Florida Reporter: Angela Reichenbach Eighth Judicial Circuit 10 11 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES: THE HONORABLE BRIAN S. KRAMER, STATE ATTORNEY Eighth Judicial Circuit of Florida RALPH YAZDIYA and RYAN KING ASSISTANT STATE ATTORNEYS 339 East Macclenny Avenue, Suite 126 Macclenny, Florida 32063 Attorneys for the State of Florida 2 1 APPEARANCES: 2 3 4 THE LAW OFFICE OF NAH-DEH SIMMONS NAH-DEH SIMMONS P.O. BOX 41083 Jacksonville, Florida 32203 5 - A N D 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE LAW OFFICE OF ANTHONY K. BARNEY, P.A. ANTHONY BARNEY The Jacksonville Urban League Bldg 903 Union St W Ste 101 Jacksonville, FL 32204 Attorneys for the Defendant 3 1 P R O C E E D I N G S 2 (February 13, 2024) 3 * 4 5 * * * - - - * LIEUTENANT DAVID MANCINI, 6 having been produced and first duly sworn as a witness, 7 and having responded "I do" to the oath, testified as 8 follows: 9 THE COURT: 10 MR. YAZDIYA: 11 THE COURT: 12 13 14 15 Thank you. Please be seated. May I proceed, Your Honor? You may. DIRECT EXAMINATION BY MR. YAZDIYA: Q If you could please state your name for the record. 16 A David Mancini. 17 Q What is your current occupation? 18 A I am a lieutenant over the detective division 19 20 21 at the Baker County Sheriff's Office. Q How long have you been employed with the Baker County Sheriff's Office? 22 A Approximately nine years. 23 Q What are your current responsibilities and 24 25 duties? A I oversee the detective division which 4 1 consists of six detectives, a crime scene investigator, 2 a crime analyst, and I also oversee all the criminal 3 investigations that go on in the Baker County Detention 4 Center. 5 6 7 8 9 Q What other law enforcement experience do you A One year as a patrol officer at the Pinellas have? County Sheriff's Office. Q How many different positions have you had at 10 the Baker County Sheriff's Office in the last nine years 11 until your current position? 12 13 14 15 16 A I worked as a patrol deputy on the road, a detective, and a detective supervisor. Q Can you explain to the jury what type of training you have. A Yes. So I attended the basic law enforcement 17 academy in 2011 at St. Johns River State College in St. 18 Augustine. 19 in death, homicide, suicide investigations, interviews 20 and interrogations, child abuse, and neglect training 21 and narcotics investigation training. 22 23 24 25 Q Since then I've attended advanced training And what type of cases have you handled in the last nine years? A Probably thousands, ranging from simple thefts to homicides. 5 1 Q Do you have military experience? 2 A I do. 3 Q And what type and for how long? 4 A I served five years in the United States 5 Marine Corps. 6 Q Let me draw your attention to this current 7 case. 8 2019 were you working at the Baker County Sheriff's 9 Office? Let me take you back to June of 2019. In June of 10 A Yes, sir. 11 Q And what was your position at that time? 12 A I wasn't34:34P2 a detective supervisor. 13 14 15 16 17 a sergeant at the time. Q And what were your duties and responsibilities at that time in 2019? A The same that they are now. Overseeing the detective division, supervising the other detectives. 18 Q Did you know a Brian Robinson? 19 A I did. 20 Q How did you know him? 21 A He was an employee in the Baker County 22 I was Detention Center at that time. 23 Q Do you see him in the courtroom today? 24 A I do. 25 Q Can you please point to him and identify him 6 1 2 3 by an article of clothing. A pink salmon-colored tie. 4 5 MR. YAZDIYA: 8 9 10 Your Honor, for the record he's identified Mr. Robinson. 6 7 He's the gentleman in the black suit with the THE COURT: So reflected. BY MR. YAZDIYA: Q Can you explain how you got involved in this case in June of 2019. A Yes. So I was contacted by the jail 11 administrators at that time who informed me that a 12 female inmate/detainee had made allegations against the 13 defendant that were -- that she had been sexually 14 battered. 15 16 Q Do you mean the name of this individual who had made this complaint? 17 A Yes. 18 Q And what was -- 19 A 20 21 22 23 . I believe I'm saying her last name correct. Q Okay. And you said the complaint was in regards to -A Yes. She had made a complaint that she had 24 been -- that there was an inappropriate relationship 25 between her and the defendant, that she had been 7 1 sexually battered and some advances had been made 2 towards her. 3 Q And the defendant once again was Mr. Robinson? 4 A That's correct. 5 Q Did you begin to conduct an investigation once 6 7 you received this complaint? A Yes. At that time I assigned Detective Morgan 8 McDuffie. 9 participated in the investigation with her as well as As lead detective I supervised and 10 with the Department of Homeland Security. 11 was a detainee, a federal detainee in ICE custody, so 12 they participated in the investigation as well. 13 Q Can you explain what you mean by an "ICE" 14 inmate. 15 that housed at the Sheriff's Office? 16 A The inmate What does that mean and why is someone like So the Baker County Sheriff's Office contracts 17 with federal law enforcement officer agencies, the U.S. 18 Marshals, and Immigrations Customs Enforcement. 19 house detainees and for whatever reason they may be a 20 detainee, whether it's immigration status or if it's a 21 criminal offense that they're in our facility. 22 also house county inmates as well. 23 detainee in ICE custody at that time. 24 25 Q So we So we But she was a Do you recall from your investigation when these incidents that she had reported were to -- alleged 8 1 to have occurred approximately? 2 A From March 2019 to May 2019. 3 Q At that time was Mr. Robinson, the defendant, 4 was he employed with the Baker County Sheriff's Office 5 at that time? 6 A Yes, sir. 7 Q Did you happen to know his date of birth? 8 A I do. 9 Q Absolutely. 10 A I believe it's -- I believe it's January 7th, If I can refer to my report. 11 1993. 12 investigation he would have been 26 years old. And that's accurate. 13 Q 26 years old? 14 A Yes. 15 Q And the -- 16 At the time of the , do you happen to know what her date of birth was? 17 A If I can refer to the report -- 18 Q Absolutely. 19 A -- 20 21 . Q Okay. At the time -- I know this may sound 22 redundant, but at the time was Mr. Robinson a law 23 enforcement officer or a correctional officer with the 24 Baker County Sheriff's Office? 25 A He was. He was a correctional officer. 9 1 2 Q And at the time was obviously an inmate or a detainee during that time period as well? 3 A That's correct. 4 Q Do you happen to recall what Mr. Robinson, the 5 defendant's, responsibilities were during that time 6 period of March 2019 through May 2019? 7 A So he was a detention deputy assigned to the 8 jail. 9 the safety and security of the facility and the inmates 10 11 12 13 His responsibilities would have been to ensure therein. Q Can you explain what you did during the course of your investigation. A Yes. So numerous interviews were conducted 14 and certain items of evidence were collected throughout 15 this investigation by not only the Baker County 16 Sheriff's Office but Homeland Security. 17 18 Q You said you assigned this case to Morgan McDuffie? 19 A That's correct. 20 Q At the time she was employed at the Baker 21 County Sheriff's Office? 22 A Yes. 23 Q She still employed there? 24 A No, sir. 25 Q And do you recall where she's employed at now? 10 1 2 3 A She's a special agent at the Florida Department of Law Enforcement. Q During the course of the investigation were 4 you involved in the collection or receiving of any 5 evidence? 6 A Yes, sir. 7 Q And do you recall what type of evidence that 8 9 would have been? A I received a package that was mailed or 10 hand-delivered by Homeland Security that would have 11 contained the victim's saliva, swabs of her saliva. 12 collected the defendant's saliva with cotton swabs from 13 the inside of his cheek. 14 15 Q And what did you do with these swabs of the -- saliva swabs of the defendant and also of 16 17 I saliva swabs that you had received? A These items were placed into evidence at the 18 Sheriff's Office and were later submitted to the Florida 19 Department of Law Enforcement for further analysis. 20 21 22 23 Q And how would they have been submitted to the Florida Department of Law Enforcement? A They would have been transported by our evidence custodian. 24 Q And do you recall who that was at the time? 25 A Yes. Jodi Altman. 11 1 Q Jodi Altman. Okay. During the course of your 2 investigation did you determine that these offenses, 3 these crimes occurred here in Baker County? 4 A 5 Yes, sir. MR. YAZDIYA: One moment, Your Honor. 6 Honor, I tender the witness at this point. 7 you. 8 THE COURT: 9 MR. SIMMONS: Yes, Your Honor. 10 THE WITNESS: I'm sorry. 11 MR. SIMMONS: May it please the Court? 12 THE COURT: 13 14 Thank Defense, any questions. You do. You may proceed. CROSS-EXAMINATION BY MR. SIMMONS: 15 Q Good morning, Detective. 16 A Good morning. 17 Q You are a detective at the Baker County 18 Your Sheriff's Office, correct? 19 A Yes, sir. 20 Q And because you're a detective there are 21 certain professional training you had to go through? 22 A That's correct, yes, sir. 23 Q And as a professional you have learned how to 24 25 write reports? A Yes, sir. 12 1 2 Q And you've learned to write reports a certain way because these reports are important, correct? 3 A Yes, sir. 4 Q They must be detailed? 5 A That's correct. 6 Q They must be accurate? 7 A Yes, sir. 8 Q They must be truthful? 9 A Yes, sir. 10 Q And in this case you did a couple of reports, 11 Yes, sir. correct? 12 A Yes, sir. 13 Q And with our understanding, reports are very 14 important because sometimes we have to rely on them, 15 correct? 16 A Yes, sir. 17 Q And sometimes we rely on them without even 18 speaking to you? 19 A I'm sorry. 20 Q Sometimes we rely on those reports without 21 What is the question? even speaking to you, correct? 22 A Yes, sir. 23 Q Prosecutors rely on them? 24 A That's correct. 25 Q Judges rely on them. So now you've stated 13 1 2 3 4 that you were the lead detective in this case. A No, I didn't. Detective McDuffie was the lead detective. Q Okay. Detective McDuffie was the lead 5 detective. 6 a call over from the jail about a sexual assault that 7 took place, correct? You -- you stated that at some point you got 8 A Yes, about the complaint. 9 Q And you never interviewed the victim? 10 A I did not, no. 11 Q Did you have an opportunity to speak to the 12 lieutenant at the jail, Mr. Messer? 13 A Yes. 14 Q Now, there was a -- there is some sort of a 15 software program that they have at the jail, an RFID 16 system where it monitors all the information of 17 everything that happens at the jail, correct? 18 19 20 21 A Yes, but I have limited knowledge on how that works, though. Q Did you inquire or look into that with Officer Messer? 22 A No, I did not. 23 Q Okay. Did you -- now, you were aware that 24 there was a couple of incidents or alleged incidents 25 between Mr. Robinson and the alleged victim, correct? 14 1 A Yes. 2 Q One of those incidents was alleged to have 3 happened the night of April the 22nd going into the 23rd 4 of 2019? 5 6 A I'd have to refer to my report as far as specific dates. 7 Q Okay. 8 A What was the date? 9 Q One of the alleged incidents happened to occur 10 Please feel -- feel free to refer -- between April 22nd and April 23rd of 2019. 11 A Just for the record, that's not indicated in 12 one of my reports. 13 Detective McDuffie's report. I'm going to have to refer to 14 Q Go ahead. 15 A Can you -- can you say the dates one more Q One of the alleged incidents occurred between 16 17 18 time. April 22nd to April 23rd of 2019. 19 A So I'm seeing March 23rd -- 20 Q Got you. 21 A -- March 24th, May 25th. 22 Q Okay. So in -- in her report she has 23 March 23rd and March 24th and -- 24 MR. YAZDIYA: 25 Your Honor, the State objects. This is beyond the scope of what the State has 15 1 asked. 2 THE COURT: 3 (Sidebar conference.) 4 5 6 * Come forward for a moment. * * * * BY MR. SIMMONS: Q Okay. Now, as it relates to this 7 investigation you actually had an opportunity to 8 interview Mr. Robinson, correct? 9 A Yes, sir. 10 Q And you had interviewed him on -- I guess that 11 would have been June the 22nd of 2019? 12 A I believe that's correct, yes. 13 Q Okay. 14 And you also collected evidence in this matter, correct? 15 A Yes. 16 Q And you stated that you collected DNA samples 17 taken from , correct? 18 A 19 cheek, yes. 20 Q I collected samples of saliva from his [sic] And when you collect those samples there's a 21 certain property evidence form that you fill out for the 22 chain of custody that you submit when you have collected 23 this evidence, correct? 24 25 A Yes. There's an evidence form that we submit into our evidence with the -- with those items, yes. 16 1 MR. SIMMONS: 2 THE COURT: 3 May I approach, Your Honor? You may. BY MR. SIMMONS: 4 Q I'm showing you what's been marked for 5 purposes as Defense Exhibit 1. 6 same documents. 7 filled out with your signature for the collection sample 8 of 9 It's just two of the Does that look like the form that you sample? A Yes. This is an evidence sheet that shows 10 that I collected and submitted evidence that was taken 11 from the victim by a Special Agent Casiotta. 12 Q Correct. When you got -- that -- that was the 13 form that you filled out prior to submitting it, 14 correct? 15 16 17 18 A Yes, that's correct. I submitted it with the evidence. Q Okay. And the time that you have on there that you submitted it, what time would that be? 19 A 1336, so 1:36 p.m. 20 Q So that's military time for 1:36 p.m., 21 22 correct? A Yes, sir. 23 MR. SIMMONS: 24 Defense 1, Your Honor. 25 MR. YAZDIYA: I'd like to move this in as Your Honor, the State objects. 17 1 If we could approach. 2 THE COURT: 3 4 5 6 7 You may approach. * * * * * BY MR. SIMMONS: Q So at 1:36 p.m. was when you received it or would have entered it into the system at some point? A Uh-huh. That's when I would have submitted it 8 to the locker. 9 time stamps on our electronic monitoring of our I don't have any control over the system 10 evidence. 11 it in the locker. 12 Q That's just the time that I wrote when I put Got you. So at 1:36 was -- you took it from 13 the mail or where you got it and you placed it in the 14 locker room? 15 A Yes. 16 Q Now, at some point you also had an opportunity 17 to again interview Mr. Robinson, correct? 18 A Yes, sir. 19 Q And during that interview you had an 20 opportunity to collect DNA samples, correct? 21 A No, sir. 22 Q You don't? 23 A I collected DNA samples on the first 24 25 interview. Q Correct. On -- 18 1 2 A And you asked me if the second interview -- I didn't collect any- -- 3 Q No. June 26th, the day after the incident, 4 you had an opportunity to interview Mr. Robinson, 5 correct? 6 A Yes, sir. 7 Q And during that interview on June 26th of 2019 8 you collected DNA samples, correct? 9 10 A I collected saliva samples from his cheek, yes. 11 MR. SIMMONS: Okay. Your Honor, for purposes 12 of this may we approach briefly? 13 this question, may we approach briefly? 14 THE COURT: 15 (Sidebar conference.) 16 * 17 20 21 You may. * * * * (The jury not present.) 18 19 For purposes of PROFFER BY MR. SIMMONS: Q Detective Mancini, back on the 26th of June, again, you interviewed Mr. Robinson? 22 A That's correct. 23 Q And you collected a saliva sample? 24 A Yes, sir. 25 Q And you left with his saliva sample out of the 19 1 interview, correct? 2 A Yes. 3 Q And you left out with his saliva sample as 4 well as an open unused sample, correct? 5 A As well as a -- what was that last part? 6 Q As well as an open unused saliva sample. 7 A I don't recall that. 8 Q And you never documented your collection or 9 10 submission of this saliva sample, correct? A I can refer to my -- for one, I don't know if 11 I submitted it or if Detective McDuffie submitted it. 12 She was present with me during the collection. 13 14 15 16 Q So you don't recall if you filled out documentation regarding the collection of the sample? A I can't recall if I did or if Detective McDuffie did. 17 Q Okay. 18 A I can refer to my report to see who -- who did 19 20 21 22 that if it's in there. Q And you don't recall whether or not you exited the room with his sample and an open unused sample? A I believe we may have had an unused sample, 23 but I -- again, I can't recall without watching the 24 interview. 25 (Proffer concluded.) 20 1 * 2 3 4 * * * * (Jury present.) BY MR. SIMMONS: Q Detective Mancini, again, back on June the 5 26th of 2019 you had an opportunity to interview 6 Mr. Robinson, correct? 7 A Yes, sir. 8 Q And during that interview you collected saliva 9 samples from Mr. -- 10 A Yes, sir. 11 Q And there was one open and unused saliva 12 sample that was not used, correct? 13 A That's correct. 14 Q And after taking his saliva sample you exited 15 the interview room with the saliva sample? 16 A That's correct. 17 Q And after you came back into the room you did 18 not have the sample in your possession? 19 A Yes. 20 Q And Officer McDuffie was in the room the 21 entire time during the collection of the sample and also 22 after you exited the room, correct? 23 A Yes, sir. 24 Q And you never filled out any evidence receipt 25 as it relates to the collection or the I guess 21 1 submission of that saliva sample, did you? 2 A Not in the interview room, no, I did not. 3 Q Did you ever -- did you ever sign one? 4 A I don't know if myself or Detective McDuffie 5 filled out the evidence form. 6 7 10 So you don't know when that form was filled A It would have been filled out after the out? 8 9 Q interview by myself or Detective McDuffie. I'm not sure. 11 Q 12 filled out? 13 A No, sir. 14 Q And after that evidence exited that room up And you -- so you don't know what time it was 15 until the time that was filled out and submitted, we 16 don't have any account for it? 17 A It would have been secured in my office in the 18 detective division right outside the interview room 19 where numerous other detectives were waiting. 20 21 Q Got you. So it was supposed to have been in your office at that time? 22 A Yes. 23 Q Okay. Now, as it relates to this 24 investigation you never inquired as to whether 25 Mr. Robinson was at work or not during the time of these 22 1 alleged incidents, did you? 2 A I did not, no. 3 Q And you never reviewed any surveillance 4 evidence? 5 A There was none available. 6 Q You never reviewed any RFID evidence? 7 A No, sir, I did not. 8 9 MR. YAZDIYA: scope. 10 11 12 13 14 15 Your Honor, this is outside the The State objects. THE COURT: Overruled. BY MR. SIMMONS: Q You never listened to any jail calls of the alleged victim? A I monitored some, but I primarily left that up to Detective McDuffie to do. 16 Q So you monitored some of the jail calls? 17 A Yes. 18 Q Did you find any calls that was disturbing to 19 you as it relates to the portion you monitored? 20 A No, sir, I did not. 21 Q What information would you have gathered from 22 23 the calls? MR. YAZDIYA: Your Honor, if counsel could 24 repeat that question. 25 he said. I wasn't sure exactly what 23 1 2 3 4 5 6 BY MR. SIMMONS: Q From the calls you monitored what information were you able to gather from the calls? A Nothing that was of value to the investigation. Q Now, based upon your investigation it was 7 suggested that you further investigate and speak to the 8 alleged victim and to Mr. Robinson, correct? 9 A No. 10 Q It was suggested that you speak to I never spoke to the alleged victim. 11 Mr. Robinson and the alleged victim at some point during 12 your investigation, correct? 13 A I don't understand. 14 Q By the state attorney, by those involved when 15 16 17 It was suggested by whom? you were investigating. A No. It was never suggested that I speak to the victim in this case. 18 Q Can you review -- can you review your report? 19 A I can. 20 Q Okay. 21 A Is there a specific portion of the report -- 22 report you want me to review? 23 Q September the 4th, 2019. 24 A Is that the date of -- 25 MR. YAZDIYA: Your Honor -- 24 1 A -- the report? 2 MR. YAZDIYA: 3 THE COURT: 4 MR. YAZDIYA: 5 THE COURT: 6 7 8 -- I object. Hold on. I object. This is improper. Sustained. BY MR. SIMMONS: Q During your investigation did you have an opportunity to contact Mr. Yazdiya? 9 A Yes. 10 Q And were you advised that interviews of both 11 parties should take place during the -- during the 12 investigation at that point? 13 MR. YAZDIYA: 14 State objects. 15 well. 16 17 18 19 THE COURT: Once again, Your Honor, the This is improper. It's hearsay as Sustained. BY MR. SIMMONS: Q You were in contact with the federal investigators, correct? 20 A Yes. 21 Q And during the time frame of your 22 investigation, the federal officers were also conducting 23 an investigation? 24 A They were assisting in our investigation, yes. 25 Q Okay. And at some point the federal officers 25 1 were going to make a determination of whether or not 2 they potentially were going to prosecute this case, 3 correct? 4 MR. YAZDIYA: Objection, Your Honor. This is 5 speculative as to what the federal investigators 6 were doing. 7 8 THE COURT: (Sidebar conference.) 10 12 13 If y'all could approach. 9 11 All right. * * * * * BY MR. SIMMONS: Q Now, Detective Mancini, you never saw the cloth evidence in this case? 14 A I'm sorry. 15 Q You never saw the cloth evidence in this case? 16 A No, sir. 17 Q Now, when you interviewed Mr. Robinson back on Say that one more -- 18 the 26th of 2019, June, he was on administrative leave, 19 correct? 20 A Yes. 21 Q And after June the 26th of 2019 Mr. Robinson 22 never returned back in an official capacity to work? 23 never came back to the building, correct? He 24 A To my knowledge, yes, that was's correct. 25 Q And he never came back to the building until a 26 1 year later? 2 correct? I guess that would be June or July of 2020, 3 MR. YAZDIYA: 4 THE COURT: 5 ask those questions. 6 7 Objection. Relevance. Overruled at that time. You can BY MR. SIMMONS: Q And he never came back to the building again 8 until a year later sometime in June or July of 2020, 9 correct? 10 A I can't tell you if he came in the building. 11 I can tell you the next time I saw Mr. Robinson was 12 July 20th, I believe, of 2020. 13 14 Q But you were aware he was on administrative leave and never worked again from that day? 15 A Yes, that's correct. 16 Q Now, you did meet with Detective McDuffie 17 regarding this investigation, correct? 18 A Yes. 19 Q Okay. 20 I supervised her. So all of her reports were reports that you were aware of? 21 A That's correct. 22 Q Some of the information that she was able to 23 gather you were aware of as well? 24 A Yes, sir. 25 Q Now, this cloth that came from New York, you 27 1 didn't have any interaction with that, correct? 2 A I didn't have any what? 3 Q Any interaction with that cloth that came from 4 New York. 5 A I did not, no, sir. 6 Q And you never investigated or checked to see, 7 again, whether or not the dates of this alleged incident 8 Mr. Robinson was actually in the building? 9 A I'm sorry. 10 Q The dates that these incidents were alleged to Say that again. 11 have occurred you never checked to see whether or not he 12 was in the building or working, did you? 13 A If he was in the -- I mean, he was employed by 14 the Baker County Sheriff's Office during that time, 15 so -- 16 Q Correct. You never checked to see whether he 17 was on the work schedule, whether that was his shift, 18 whether he was working, whether he was there or not 19 there, you never -- 20 21 22 A I did not, no, sir. MR. SIMMONS: nothing further. 23 THE COURT: 24 MR. YAZDIYA: 25 just a moment. Okay. I don't have anything -- Subject to recall, Your Honor. Thank you, sir. Any redirect? Yes, Your Honor. If I can have 28 1 THE COURT: 2 (Pause in the proceedings.) 3 MR. YAZDIYA: 4 You may. If I can just have a minute, Your Honor. 5 (Pause in the proceedings.) 6 (Recess taken.) 7 * 8 9 10 * * * * REDIRECT EXAMINATION BY MR. YAZDIYA: Q Lieutenant Mancini, can you describe to the 11 jury the process you go through when you collect saliva 12 samples from an individual. 13 A Yes. So you take cotton swabs essentially is 14 what they are. 15 usually use two. 16 the inside of the cheek of the person that you're 17 collecting the sample from numerous times on each cheek. 18 Then you put the swabs back into the paper sealing bag 19 that they come in. 20 You do all this of course while wearing gloves. 21 seal the bag containing the swabs with evidence tape in 22 front of the person that we're swabbing and then we 23 initial the tape. 24 It is later taken to the Florida Department of Law 25 Enforcement or a private lab in some situations for We call them buccal swabs. And you That's the preferred method. You swab And seal them in a brown paper bag. And we And then we submit it into evidence. 29 1 2 3 analysis. Q That is done by the evidence custodian. And when you take these saliva samples what type of kit is used? 4 A I'm sorry? 5 Q What type of kit is used to take the saliva 6 sample? 7 Office? 8 9 10 A Is this something issued by the Sheriff's Yes. evidence kit. This is a Sheriff's Office issued It's standard buccal swabs. It's used by many law enforcement agencies. 11 MR. YAZDIYA: Your Honor, may the record 12 reflect I'm showing defense counsel State's Exhibit 13 A for identification purposes. 14 witness, Your Honor? 15 THE COURT: 16 May I approach the You may. BY MR. YAZDIYA: 17 Q Lieutenant, do you recognize that? 18 A Yes. 19 Q And what is that? 20 A These are two buccal swabs containing the 21 defendant's DNA or saliva. 22 Q Is your signature on that package? 23 A Yes. 24 Q And is it dated? 25 A It is. June 26th, 2019. 30 1 2 Q And is that the day that you took the buccal swab of the defendant when you interviewed him? 3 A Yes. 4 Q Who else was with you at the time you did A Detective Morgan McDuffie. 5 6 that? 7 8 MR. YAZDIYA: Your Honor, can I have just one moment? 9 THE COURT: 10 MR. YAZDIYA: You may. Your Honor, I'd like to open 11 this if I may. 12 A You want me to open it? 13 Q Yeah. 14 15 MR. YAZDIYA: Oh. Thank you. BY MR. YAZDIYA: 16 Q Lieutenant, do you need some gloves? 17 A Yeah. 18 Q Well, just -- can you look at it clearly? 19 you see it? 20 A Yes. 21 Q Okay. 22 You want me to remove it? Do the items in there seem to be in the same condition as when you put them in the package? 23 A Yes. 24 Q And the package, does it seem to have been 25 Can tampered -- other than you just opening it now, does it 31 1 2 seem to have been tampered, changed, or anything? A No. I see where it was opened probably by the 3 Florida Department of Law Enforcement, the crime lab. 4 see that their tape is on there sealing it. 5 have been done after we submitted it for analysis. 6 Q That would So this would have been the package that would 7 have been sent to FDLE. 8 they would have opened to remove the items, then they 9 put it back in when they're done with their analysis, 10 I And would it be correct to say and they seal it again? 11 A Correct. 12 Q Other than that does the package seem to be in 13 the same condition? 14 A Yes, sir. 15 Q And it contains what you put in there 16 originally? 17 A That's correct. 18 Q The buccal swabs of the defendant? 19 A Yes. 20 MR. YAZDIYA: Your Honor, for the record, I'm 21 showing defense State's Exhibit B for 22 identification purposes. 23 approach? 24 THE COURT: 25 MR. YAZDIYA: You may. Your Honor, may I You may. Thank you, Your Honor. 32 1 BY MR. YAZDIYA: 2 3 Q Lieutenant, this is State's Exhibit B for identification purposes. Do you recognize that as well? 4 A Yes. 5 Q And what is that? 6 A This was a saliva sample taken from Josh Powe. 7 This was taken by Special Agent Jay Combs with Homeland 8 Security. 9 Q So you did not take this one? 10 A I did not. 11 Q Okay. 12 I just submitted it. And do you recognize -- well, is your signature on there? 13 A Yes. 14 Q What is the date of that? 15 A October 10th, 2019. 16 Q And why is your name and your signature on it 17 if you're not the one who actually took those buccal 18 swabs of Mr. -- of Josh Powe? 19 20 A Because I'm the one that's going to submit them into evidence with the Sheriff's Office. 21 Q And once you received it did you package it? 22 A I packaged it in this paper bag, yes. 23 Q If you could just open that as well. 24 25 you. Maybe a little more. A Thank Just look at it and -- It's another paper bag within the paper bag. 33 1 Q Okay. 2 A Yes. 3 Q Okay. 4 A I did not. 5 Q So you received this package. 6 7 8 9 10 And is that what you had received? And that one you did not open? And where did it come from? A It came from Special Agent Jay Combs with Homeland Security investigations. Q So you received this package and then you packaged it -- you packaged it here in Baker County? 11 A Yes. 12 Q And then you signed it and you initialed it? 13 A That's correct. 14 Q And that was sent to FDLE as well? 15 A Yes. 16 Q And do you see the FDLE label and all that on 17 there as well? 18 A Yes. 19 Q Okay. 20 Thank you. MR. YAZDIYA: Thank you, Madam Clerk. Your 21 Honor, for the record, I'm showing defense counsel 22 State's Exhibit C for identification purposes. 23 Mr. Simmons. 24 25 May I approach, Your Honor? THE COURT: You may. 34 1 BY MR. YAZDIYA: 2 Q Lieutenant Mancini, I'm showing you State's 3 Exhibit C for identification purposes. 4 that package? Do you recognize 5 A I do. 6 Q How do you recognize it? 7 A I submitted this into evidence on November 6th 8 2019. 9 the victim. 10 11 12 13 It was a package containing saliva samples from Special Agent Joseph Casiotta. Q 16 17 And what is her name again on the package? A Yes. Q Are you able to spell that for the record, please. A First name is 22 23 . Last name . 19 21 It's samples taken from . 18 20 Is it listed? 14 15 This was collected by Homeland Security MR. YAZDIYA: I thought you might want that. BY MR. YAZDIYA: Q If you could please open that. Thank you. If you can tell, what are those items? A So this was the envelope that was given to me. 24 It's addressed to me, Sergeant Mancini. 25 contained these contents (indicating). This is what On the back of 35 1 this envelope I wrote, "This package was opened by 2 D. Mancini on 11/6/19 to inspect the contents, resealed 3 by D. Mancini." 4 Q Those items in those two white envelopes? 5 A Yes. 6 Q Those are what? 7 A These are the standards, the saliva samples 8 from the victim. 9 Q From the victim, 10 A That's correct. 11 Q So once your received that -- where was it 12 13 mailed from? A ? Do you recall? It was hand-delivered from Special Agent 14 Casiotta to our detention center. 15 Sergeant Gainey at the time who handed it over to me 16 that morning. 17 18 19 20 Q It was handed over to Once you received those items what did you do with them? A I opened and inspected to see what these were. I did not open these (indicating). 21 Q Right. 22 A I resubmitted them into our evidence bags, 23 placed them in evidence and had them sent later to the 24 Florida Department of Law Enforcement. 25 Q Once again, do you see the labels from FDLE on 36 1 there as well? 2 A I do. 3 Q So they received it? 4 A That's correct. 5 Q Okay. 6 If you could please put that back in the package, I would appreciate it. 7 MR. YAZDIYA: 8 THE CLERK: 9 MR. YAZDIYA: 10 Yes, sir. Thank you. One moment, Your (Pause in the proceedings.) 12 * 13 15 Madam Clerk. Honor. 11 14 Thank you. * * * * RECROSS-EXAMINATION BY MR. SIMMONS: Q Detective Mancini, you just testified that you 16 submitted into evidence the saliva sample of 17 Mr. Robinson, correct? 18 A That's correct. 19 Q And you submitted into evidence the saliva 20 sample of 21 correctly? if I'm pronouncing that 22 A The victim, yes. 23 Q Okay. 24 25 And you submitted into evidence the sample from Mr. Josh Powe? A That's correct. 37 1 Q As it relates to , I approached 2 you previously where you filled out a property -- an 3 evidence receipt, correct? 4 A Yes. 5 Q And you submitted that at 1:36, 1336 would be 6 1:36 p.m. -- on that date of November the 6th, correct? 7 A I believe so, yes. 8 Q As it relates to 9 10 11 12 13 . As it relates to Mr. Robinson you never submitted property -evidence and what time it was submitted, correct? A I don't have the sheet, so I don't know. haven't seen that evidence sheet. Q You never seen the evidence sheet of all of 14 the evidence you submitted in this case, this sheet 15 (indicating)? 16 17 I A So I submitted evidence on different dates, so you only showed me one from November 6th with 18 . 19 Q Correct. 20 A If you have the one, I haven't got a chance to 21 see it. 22 review it before I say anything else. So if you have that, I would like to be able to 23 Q I do not have one from you for Mr. Robinson. 24 A Okay. 25 Q As it relates to Mr. Josh Powe as well, I do 38 1 not have one for you. 2 as it relates to that as well? 3 4 5 6 7 A Did you submit an evidence sheet I should have submitted one with every piece of evidence. Q You also submitted the interview of Mr. Robinson, correct? A I don't know if I submitted that, if it was 8 myself or Detective McDuffie. 9 again, I'd have to see the evidence bag or the list. 10 11 MR. SIMMONS: 14 May I -- may I approach, Your Honor? 12 13 I'd have to -- once THE COURT: You may. BY MR. SIMMONS: Q I'm just showing you for identification 15 purposes for the Defense 2, and do you recognize that 16 submission of that evidence? 17 correct? That's your signature, 18 A Yes, sir. 19 Q And you submitted that and you signed, put the 20 time, 9:15 a.m., and your signature of when you put it 21 into the system and you signed down there as well, 22 correct? 23 A That's correct. 24 Q Okay. 25 And each evidence that's submitted comes with a receipt form of when it's submitted and to 39 1 whom it's submitted, correct? 2 A Yes, it should. 3 Q And as it relates to Mr. Robinson and as it 4 relates to Mr. Powe, you state -- you're stating that 5 you submitted this form as well with those, correct? 6 A I'm saying I should have. 7 of it now. 8 maintain those, though. 9 Q So there should be one in evidence. MR. SIMMONS: 11 THE COURT: 12 MR. YAZDIYA: it is. May I approach, Your Honor? You may. If you could identify which one That's all. 14 MR. SIMMONS: It's State's 1. 15 MR. YAZDIYA: Okay. 16 17 18 I don't Got you. 10 13 I don't have a copy Thank you. BY MR. SIMMONS: Q Now, as it relates to the sample from Mr. Robinson, you filled that out, correct? 19 A Yes. 20 Q And it says "from" and you have your name, 21 Mancini? 22 A Yes, sir. 23 Q And it should say "to" and should have been 24 where the evidence was, but you put the date there, 25 correct? 40 1 A I put the date in evidence. 2 Q In evidence. Okay. Now, this is the -- I 3 guess the chain of custody of that evidence. 4 the different dates of when it's supposed to be filled 5 out and when it's taken to and fro, correct? And it has 6 A Yes. 7 Q And on this particular piece of evidence 8 besides that one date there is no other date of when it 9 was taken to and fro, correct? 10 A Not on the bag itself that I see. If I can -- 11 so there's writing on the bag that I'm not -- that I 12 didn't write, so I'm not familiar, but, no, as far as 13 the chain of custody for BCSO I don't see any other -- 14 any other chain of custody notes. 15 MR. SIMMONS: 16 anything further. 17 * 18 19 Thank you. * * * - - - I don't have * JOSHUA POWE, 20 having been produced and first duly sworn as a witness, 21 and having responded "I do" to the oath, testified as 22 follows: 23 THE COURT: 24 MR. YAZDIYA: 25 THE COURT: Thank you, sir. Please be seated. May I proceed, Your Honor? You may. 41 1 MR. YAZDIYA: 2 3 DIRECT EXAMINATION BY MR. YAZDIYA: 4 5 Thank you. Q If you can please state your name for the record. 6 A It's Joshua Douglas Powe. 7 Q Mr. Powe, what is your occupation? 8 A I'm an entrepreneur and investor. 9 founded a company -- well, not so recently. Recently I About 15 10 years ago I should say I founded a company in the data 11 analytics and technology space, a company that was 12 dedicated to school education, so working with schools 13 around the country. 14 my role as CEO of that company to an executive chairman 15 role. 16 company. And recently I did transition from And I still act as a board member for the 17 Q And what state do you live in? 18 A I live in New York State. 19 Q And how long have you lived in New York? 20 A I've lived in New York -- well, I -- I 21 essentially grew up in New York, but I did live -- I've 22 lived in New York for approximately -- I would say since 23 around 2007 or so. 24 Florida. 25 Q Okay. Prior to that I lived in Miami, So you've been there quite a while in 42 1 New York? 2 A Yes. 3 Q Can you please tell the jury your education. 4 A Absolutely. I am a graduate of Harvard 5 University, the undergraduate program, history of 6 science department, so to say I have a bachelor's degree 7 in the history of science from Harvard. 8 graduate degree. 9 10 11 Q I don't have a And how long ago did you found this company you said that you're the CEO of? A Yeah. The company was -- went through various 12 iterations, but we traced the founding date to about 13 2010 when it was formally incorporated. 14 started working on the idea around 2004. 15 before that. 16 it sort of formally came together. Q Thank you so much, Mr. Powe. 18 A Sure. 19 Q Do you -- do you know a ? 21 A Tough to pronounce, but yes. 22 Q Yes. 23 So quite a bit It was sort of in an R and D phase before 17 20 I really got And I probably mispronounced it. apologize if I did. 24 A I'm sorry. 25 Q Yes, sir. How long have you known her? Can you repeat the question. How long have you known her? I 43 1 2 A since approximately 2003 or 2004 probably when we met. 3 Q 4 A 5 Q 6 I've known And where did you meet her? . And approximately when -- when did you say that was, 2003? 7 A Approximately. 8 Q And how did you know her? 9 A I -- I met her probably just -- I don't 10 remember the exact venue, but -- but it was in a social 11 setting that -- that we met probably at a restaurant, 12 but I did meet her initially. 13 when she became my -- my roommate due to a variety of 14 circumstances somewhat unexpected, but we did live 15 together as platonic roommates for some time, probably 16 six months or maybe a bit longer. And then there was a time 17 Q And that was in 18 A Yes, 19 Q So would it be fair to say you've known 20 ? for approximately 20 years? 21 A That's about right, yes. 22 Q Do you still keep in touch with her? 23 A I do on occasion, yes. 24 Q And is she someone that you consider a friend 25 or an acquaintance? 44 1 A Yeah. No. I would definitely consider her a 2 friend, a good friend. 3 well despite the fact that we haven't seen each other in 4 actually quite some time face-to-face I mean. 5 Q I think we know each other quite And is she someone that would call you from 6 time to time or you would call her from time to time to 7 talk about different things? 8 A Yes. 9 Q Were you aware that at some point she became a 10 detainee here at the Baker County Jail? 11 A I was made aware of that, yes. 12 Q While she was a detainee at the jail did you 13 receive phone calls from her? 14 A I did. 15 Q At some point did you receive a package in the 16 mail from ? 17 A Yes, I did. 18 Q Did you receive a phone call from 19 before receiving this package? 20 A Yes. 21 Q So were you aware you would be getting 22 something in the mail? 23 A I was aware, yes. 24 Q Can you describe what this package looked like 25 when you received it. 45 1 A Yeah. The package was sort of a large 2 envelope. 3 tan in color from what I recall. 4 documents inside the package. 5 envelope kind of like this (indicating). 6 7 It had a number of So it was a thick Q Do you remember who the envelope was addressed A Yeah. to? 8 9 It was I would say kind of a manila envelope, My recollection it was addressed to Attorney Joshua Powe. 10 Q Are you an attorney? 11 A No, I am not. 12 Q So did it come across as if it were addressed 13 as legal mail? 14 A Yes. 15 Q You said it had papers in it? 16 A Yes. 17 Q When you first received it -- when you first 18 received it did you even open it? 19 20 A received it, no. 21 22 Q 25 And when you received this package was it at your home, at your office, where did you receive it? 23 24 I don't recall opening it when I first A It was received at my office in New York City, Q In New York City? yeah. 46 1 A Uh-huh. 2 Q And where is that in New York City at the 3 4 5 time? I know -A Yeah. At the time it was on -- that office was located on 5th Avenue around 14th Street. 6 Q Okay. 7 A The address was 85th Avenue at the time. 8 Q And when you received it what did you do with 9 10 11 12 13 this package? A I took the package home in my briefcase and stored it in what was in my mind a secure location. Q So would it be fair to say it was always in your care and custody? 14 A Yes. 15 Q It was always in a safe place? 16 A Yes. 17 Q Did you eventually get contacted by law 18 enforcement? 19 A I did, yeah. 20 Q And do you recall why you were contacted by 21 22 23 law enforcement? A Yes, I do. Essentially they wanted to take possession of the package that I had received. 24 Q Did you eventually meet with law enforcement? 25 A I did. 47 1 2 Q Do you recall how many agents or law enforcement agents -- 3 A I believe -- 4 Q -- arrived? 5 A Yeah. 6 I believe there were two. This was quite some time ago. 7 Q I know. 8 A But if memory serves, I -- I think there were 9 two law enforcement officers that visited my apartment 10 in Brooklyn at the time to take possession of the 11 package. 12 13 14 15 16 Q I know it's been some time. Do you recall approximately when that may have taken place roughly? A I -- I really don't, but it was probably a couple of months after I received the package. Q Okay. Okay. And how long ago was that? 17 mean, like what year would you say that was in if 18 you remember -- 19 20 A I mean, it was probably around five years ago or so, so quite -- 21 Q Okay. 22 A -- quite awhile. 23 Q When the agents arrived did they take 24 25 possession of this package? A I Yes. 48 1 2 Q Did you later get contacted again by law enforcement at a later date? 3 A I did, yes. 4 Q And do you remember -- we have law enforcement 5 coming to get the package. 6 again by law enforcement? 7 would you say roughly? 8 9 A When did you get contacted How much time had elapsed It probably was a couple months after -- not -- or maybe -- maybe weeks, but it wasn't -- it 10 wasn't immediately after from my -- my recollection, 11 but, again, a little bit -- I don't have a concrete 12 recollection of the exact timeline there. 13 Q But a few weeks later would be fair to say? 14 A I -- something along those lines, yes. 15 Q And what was the purpose for law enforcement 16 17 contacting you the second time? A From my -- what I recall it -- they explained 18 that they needed to take a DNA sample from me in order 19 to -- I think the phrase they -- they used was rule out 20 my DNA from being on the sample. 21 they -- that they said at the time that there was DNA 22 found at the sample or on the sample in question. I do recall that 23 Q So let me ask -- 24 A So they -- yeah. 25 Q -- you this, how did they take the sample from 49 1 2 you? A I -- from my -- my memory I think it was a 3 cheek swab sample maybe with like a Q-tip. 4 along -- Something 5 Q Okay. 6 A -- those lines. 7 Q And when they arrived to do that did you 8 9 comply with that? A Yes. 10 MR. YAZDIYA: 11 (Pause in the proceedings.) 12 MR. YAZDIYA: One moment, Your Honor. Your Honor, I'm going to show -- 13 I'm showing the defense State's Exhibit D for 14 identification purposes. 15 Mr. Barney -- if I can have one moment, Your Honor. 16 One moment, Judge. Mr. Simmons and 17 (Pause in the proceedings.) 18 MR. YAZDIYA: 19 the witness. 20 THE COURT: 21 MR. YAZDIYA: 22 23 Your Honor, if I may approach You may. For the record, I'm showing State's Exhibit D for identification purposes. BY MR. YAZDIYA: 24 Q Mr. Powe, am I pronouncing that correctly? 25 A Yeah. 50 1 Q Okay. 2 A That's right. 3 Q If you can just hold this and tell me do you 4 recognize this. 5 6 A Yeah. That looks like the envelope that I referred to earlier. 7 Q And whose name is that envelope addressed to? 8 A Attorney Josh Powe. 9 Q Once again, you're not an attorney? 10 A No. 11 Q But it was sent to you? 12 A It was. 13 Q And who is this sent to you from? Actually -- 14 it actually has the name up there if you can read that 15 name. 16 A It's a little bit cut off, but it looks like 17 18 , , and then it has a number. 19 Q Is 20 A Yes. 21 Q You would call her or people would call her? 22 A Yes. 23 Q And the address on there, what city is that 24 25 her nickname? that it came from? A It looks like it says CBD, but it's Macclenny, 51 1 2 3 4 Florida. Q And this one, if you could -- the suite that it was sent to and the city for you. A Yeah. That's LinkIt!, that's the name of my 5 company, 85th Avenue, Suite 1101. 6 our address at the time. 7 Q That would have been When you received this package did it look 8 like this other than the tape on the side, but does it 9 look like it's been altered or anything? 10 A 11 this point. 12 looks like the package that I remember. 13 Q No. I mean, it's obviously very wrinkled at I don't recall that, but other than that it Is this the package that you gave to the -- 14 two agents when you arrived in, I believe, your office 15 or your home? 16 17 A 20 21 I -- yeah. I -- I certainly believe that it is. 18 19 That would have been at my home. MR. YAZDIYA: One moment, Your Honor. Madam Clerk, thank you for that. BY MR. YAZDIYA: Q Mr. Powe, you had mentioned that you had 22 received a phone call from 23 know Ms. -- she has -- her name's a little bit difficult 24 to pronounce. 25 gave it to law enforcement, why did you do all this? . When you received this package and you I 52 1 A Well, I mean, first of all, I -- I -- I had 2 every interest in complying with law enforcement, but I 3 think -- 4 Q Of course. 5 A -- more -- more broadly I -- I did consider 6 Sandra a friend. 7 I credit a lot of my success to a willingness to ask for 8 help when I needed it. 9 needed help before. And I kind of -- well, in my mind I -- I've been in a position where I And I think in this case she -- she 10 needed help. And I felt that I was in a position to -- 11 to help her. I would want someone to help me if I were 12 in that position, so it just seemed like the right thing 13 to do. 14 MR. YAZDIYA: Thank you. I don't -- I don't 15 have any further questions at this point. 16 the witness, Your Honor. 17 * 18 THE COURT: 19 20 * * * I tender * Mr. Simmons, sir, you can proceed. CROSS-EXAMINATION BY MR. SIMMONS: 21 Q Good afternoon, Mr. Powe. 22 A Good afternoon. 23 Q Again, I know you said you're from the New 24 25 York, New Jersey area? A (Nods head.) 53 1 Q You grew up in Patterson, New Jersey, I think? 2 A Born in Patterson, New Jersey. Left there 3 when I was about two years old, so really probably grew 4 up in New York more than Patterson, but, yes, you're 5 right. 6 Q Yeah. I'm from Jersey as well. Now, you 7 stated that you were in New York I guess the later part 8 of 2010 on or '12 on I believe? 9 A Yeah. Probably the later part of 2000- -- 10 yeah, 2008 on I was in New York most of the time. 11 had some ties to Florida, so I was traveling back here 12 and there. 13 14 Q Got you. Still And there was a ten-year gap where you hadn't heard anything from , correct? 15 A Approximately. 16 Q And at some point you got a phone call from 17 her from the jail -- 18 A Uh-huh. 19 Q -- is that correct? 20 A Yes. 21 Q And she insisted your help because she made 22 you aware she was facing deportation? 23 A That's right. 24 Q Okay. 25 And during the time that she was in jail there was about 30 to 60 calls from the jail 54 1 between -- 2 MR. YAZDIYA: 3 Q -- yourself and her, correct? 4 MR. YAZDIYA: 5 Facts not in evidence and there's no relevance to this. 6 THE COURT: 7 8 Your Honor, objection. question. Overruled. I'll allow this We'll see where you want to -- BY MR. SIMMONS: 9 Q During the time that she was in jail up until 10 her release there was between 30 to 60 jail calls that 11 you two communicated, correct? 12 A Well, I can't speak to the number of calls, 13 but we spoke on a number of occasions, I'll -- I'll say 14 that. 15 doesn't seem implausible. 16 17 I certainly wasn't counting at the time, but that Q And you assisted her by helping her get an attorney as well, correct? 18 A Yes. 19 Q Now, at some point during this time frame you 20 also received evidence from an attorney from Florida, 21 correct? 22 23 24 25 A I don't recall that specifically. MR. YAZDIYA: Objection, Your Honor. Relevance. THE COURT: Overruled. The question's been 55 1 2 posed and the answer's been provided at this point. BY MR. SIMMONS: 3 Q Okay. 4 A I don't specifically recall that, no. 5 Q During your -- I guess during her -- You said you don't recall that? You -- 6 communication with her you assisted I guess her son to 7 come down to her proceedings, correct? 8 9 MR. YAZDIYA: relevance. 10 11 THE COURT: MR. SIMMONS: 13 THE COURT: MR. SIMMONS: 16 THE COURT: 18 19 I guess -At the bench, do you want to be heard or no? 15 17 Do you want to be heard on that, Mr. Simmons, up at the bench or no? 12 14 Your Honor, once again, No, I don't want to be heard. Okay. Sustained. BY MR. SIMMONS: Q After she I guess got released you two still have been in contact throughout, correct? 20 A Yes. 21 Q And you -- you still assisted her after her 22 23 release as well? A I mean, I think as a -- as a friend, yes. 24 mean, I -- I'm not sure what you mean by "assisting" 25 her, but -- I 56 1 Q I mean, people need help. 2 were in that position. 3 if you can, like help them do things? Like you said, you You'd help them out financially 4 A Yeah, I suppose so. 5 Q Okay. And just going back, the first time you 6 ever spoke to her from the jail that was when she made 7 you aware of her status of facing deportation and 8 needing your assistance and that's how she got back in 9 contact with you? 10 A 11 12 Yes, as far as I recall. MR. SIMMONS: him, Your Honor. 13 * 14 15 I don't have nothing more for Subject to recall. * * * - - - * SPECIAL AGENT JEROME COMBS, JR., 16 having been produced and first duly sworn as a witness, 17 and having responded "I do" to the oath, testified as 18 follows: 19 THE COURT: 20 THE WITNESS: 21 THE COURT: 22 MR. YAZDIYA: 23 THE COURT: 24 25 Thank you, sir. Please be seated. Thank you. Thank you. May I proceed, Your Honor? You may. DIRECT EXAMINATION 57 1 BY MR. YAZDIYA: 2 Q If you could please state your name. 3 A Sure. 4 Q And what is your current occupation? 5 A I'm a special agent with the U.S. Department 6 Jerome Combs, Jr. of Homeland Security, Office of Inspector General. 7 Q How long have you been in that position? 8 A I have been with the DHS OIG -- that's the 9 10 acronym we use for our -- our agency -- since approximately June of 2018. 11 Q And what state do you work in? 12 A Our office is located in New Jersey. 13 Q Can you explain to the jury what are your 14 15 current duties and responsibilities. A So we are generally an internal affairs group 16 for all of the agencies that fall under the umbrella of 17 Homeland Security. 18 cases because they don't have their own outside 19 investigators, so all those cases get sent to us. 20 generally we do anything -- anything that involves the 21 Homeland Security nexus is what we could potentially be 22 involved in. In addition to that we also do FEMA So 23 Q Can you tell the jury your education. 24 A I have a bachelor's in science in criminal 25 justice from St. Joseph's University in Philadelphia, 58 1 2 3 4 Pennsylvania. Q And can you also tell the jury your work experience before your -- your current position. A Sure. After graduating from college in 2005, 5 I was hired by U.S. Secret Service as a uniformed 6 officer where I worked in Washington, D.C. 7 for approximately -- in that position for approximately 8 three and a half years. 9 the U.S. Secret Service. I was there I became a special agent with And I was then transferred to 10 Brooklyn, New York, and worked there until approximately 11 April of 2016 where I left the U.S. Secret Service and 12 went to work for the U.S. Department of Education, 13 Office of Inspector General. 14 15 Q And then in June of 2018 until the present you've been with Department of Homeland Security? 16 A Correct. 17 Q Thank you, Agent. 18 19 Can you explain to the jury what type of training you had in your career. A Sure. So I've gone through the federal law 20 enforcement training center which is in Glynco, Georgia. 21 I went through both the uniform police training program 22 and also the criminal investigative training program. 23 Once I transitioned over to the -- my job with the U.S. 24 Department of Education, Office of Inspector General, I 25 went through what's called a transitional training 59 1 program where it's basically -- when you transfer from a 2 larger agency like the U.S. Secret Service to a smaller 3 Office of Inspector General, it's more of a training 4 program geared towards an OIG-type of position. 5 Q Agent Combs, what does OIG stand for? 6 A That stands for the Office of Inspector 7 8 9 10 General. Q And are you also involved in training other individuals? A So I -- we'll -- sometimes we'll assist other 11 agents in my office. 12 will assist other agents with support or assistance as 13 needed. 14 15 Q Thank you. I'm not a supervisory agent, but I Let me take you, Agent Combs, to July 12th of 2019? 16 A Okay. 17 Q Almost five years ago. 18 19 Can you tell the jury how you got involved in this case. A Sure. I was contacted that morning by my 20 supervisor at the time, Mr. Bryan McCarthy. 21 supervisor at the time. 22 had been asked by the Orlando office to coordinate and 23 pick up some potential evidence and potentially mail it 24 back down or ship it back down to the Orlando office. 25 Q He was my And he called me to say that we Once you received that call what did you do 60 1 2 next? A That -- I spoke with another agent at my 3 office who is now retired, Mr. Thomas Adams. 4 spoke about what eventually would end up being -- 5 coordinating with Mr. -- another person in the case, 6 Mr. Joshua Powe, meet up with him, and obtain potential 7 evidence that we had been asked to -- to ascertain. He and I 8 Q Did you also confer with agent Edgardo Rosado? 9 A We did. We also -- that morning we spoke 10 with -- I don't recall if it was me specifically or if 11 it was Mr. Thomas Adams, but we reached out to 12 Mr. Rosado to find out, okay, please walk us through 13 what you specifically would like us to do here. 14 15 16 Q And what was it your understanding that you were directed to do? A It was my understanding that we were going to 17 go and coordinate with Mr. Joshua Powe, pick up an item 18 from him, and then at that point we would -- it would be 19 shipped to either Mr. Rosado in Florida or it was going 20 to be shipped to the Florida Department of Law 21 Enforcement, FDLE. 22 Q Did you eventually meet with Mr. Josh Powe? 23 A We did. 24 Q And when you went to meet with Mr. Powe was 25 anyone with you? 61 1 2 A Mr. Adams was with me, Thomas Adams, the other agent from my office. 3 Q The other agent? 4 A Yes, sir. 5 Q Okay. 6 And it was your understanding Mr. Powe was in possession of an item? 7 A Yes. 8 Q When you met with Mr. Powe do you recall where 9 10 you went? A I believe we were just outside of his 11 residence. 12 there may have been a table just outside of his 13 residence but we sat down briefly. 14 as a law enforcement officer and explained the reason 15 why we were there today. 16 Mr. Powe provided us with this manila envelope that had 17 an unknown white item within it that we picked up from 18 him and we subsequently later on that day shipped down 19 to Mr. Rosado down in Orlando. 20 21 22 23 Q I believe we sat down just outside of -- I identified myself And that's where eventually When you met with Mr. Powe what city and state was that in? A I believe it was -- I believe it was Brooklyn, New York. 24 Q And you described this as a manila envelope? 25 A Yes. 62 1 2 Q Did you actually look in the envelope or open the envelope? 3 A So the envelope -- we opened the envelope. 4 Inside of it was a -- what appeared to be a plastic bag 5 or a plastic pouch. And inside that pouch was an 6 unknown white item. I don't know if it was fabric. 7 did not open that plastic pouch that was inside of the 8 manila envelope. 9 MR. YAZDIYA: 10 I If I may have just a moment, Your Honor. 11 THE COURT: 12 You may. Gentlemen. Gentlemen, the mic will pick up your -- there's buttons there. 13 MR. YAZDIYA: If I could approach the witness 14 and I'll be approaching with State's Exhibit D for 15 identification purposes. 16 17 THE COURT: You may. BY MR. YAZDIYA: 18 Q Agent Combs, do you recognize this item? 19 A Yes. 20 Q And what is this item? A This is the manila envelope that we had 21 22 23 24 25 How do you recognize it? received from Josh Powe. Q Okay. Does it look to be -- I know it's several years old, but does it look to be in the same 63 1 condition? 2 A About. 3 Q And it is addressed to who? 4 A It says what appears to be Attorney Josh Powe. 5 Q And are you able to make out who the envelope 6 is from, who sent it? 7 A I'll do my best to -- 8 Q Go for it. 9 A With the pronunciation. 10 Q Go for it. 11 A 12 13 and it says "ICE." Q ICE. Okay. And this item, you said you 14 actually opened this when you retrieved it from 15 Mr. Powe? 16 A 17 of it. 18 actually sealed or if -- if it was already opened. 19 don't -- I don't recall. So I don't recall -- I mean, I looked inside I don't know -- I don't recall if it was I 20 Q But you were able to see the items inside? 21 A Yes. 22 Q Do you recognize this item? 23 A That appears to be the unknown white item -- 24 25 Correct. white item that was inside the manila envelope. Q Does this seem to be in the same condition it 64 1 was when you retrieved it from Mr. Powe way back in 2 2019? 3 A It appears, yes, sir. 4 Q And what did you do with this item you said 5 6 again when you received it? A So we -- we took the item from Mr. Powe. At 7 that point I placed it into a -- in a bag that I had. 8 was carrying some other files that day. 9 went -- from there I went to a meeting with the New York 10 And then I Police Department for a separate case. 11 Q Okay. 12 A Had a meeting, went from there to lunch with 13 Thomas Adams. 14 went to the UPS store and shipped it down to Mr. -- 15 Agent Rosado, I believe, in Orlando. 16 Q And then we went to -- after lunch we Was the item in your care and custody, your 17 control, until you shipped it from the UPS store to 18 Agent Rosado. 19 A It was. 20 Mr. Thomas Adams. 21 control. 22 23 24 25 Q It was either with myself or with Between the two of us it was in our And did you mail it through UPS the same day you had received it from Mr. Powe? A We did. MR. YAZDIYA: I Thank you, Madam Clerk. Your 65 1 Honor, for the record I'm showing State's Exhibit F 2 for identification purposes. 3 THE CLERK: 4 MR. YAZDIYA: 5 THE CLERK: 6 MR. YAZDIYA: 7 last one was D. 8 THE CLERK: 9 MR. YAZDIYA: 10 would be E. 11 you, Madam Clerk. It's E. No objection from the defense. It should be E. Oh. Is it E? I thought the I could be wrong. The last one was D. The last one was D. You're right. So this This will be E. Thank 12 THE CLERK: Uh-huh. 13 THE COURT: So State's E for identification is 14 the one that the defense saw or has seen? 15 MR. SIMMONS: 16 THE COURT: 17 MR. YAZDIYA: 18 Okay. Thank you. Yes, Your Honor. If I may approach? 19 20 Correct, Your Honor. THE COURT: Yes. BY MR. YAZDIYA: 21 Q Agent Combs, you do you recognize this item? 22 A Yes, sir. 23 Q You can take it. 24 A This is a copy of UPS shipping receipt that 25 And what is that? was used to transfer or to ship -- I believe this was 66 1 the -- I believe it was the unknown white item I 2 believe. 3 Q And is your name on that item? 4 A Yes, it is. 5 Q On the -- on the UPS receipt? 6 A It is. 7 Q Who is it addressed to? 8 A It's addressed to Ed Rosado who was an agent 9 10 11 with our agency in Orlando, Florida. Q So you mailed it to -- through UPS to Agent Rosado in Florida? 12 A Yes. 13 Q Does that UPS receipt seem to be in the same 14 condition, same markings and everything as when you sent 15 it on that day? 16 17 18 A Yes. MR. YAZDIYA: moved into evidence. 19 MR. SIMMONS: 20 THE COURT: 21 Your Honor, I'd ask that this be No objection, Your Honor. Without objection State's E for identification will be moved in -- 22 THE CLERK: Number one. 23 THE COURT: That's fine. 24 25 Number 1. -- as State's 67 1 2 (State's Exhibit No. 1 was received in evidence.) 3 4 MR. YAZDIYA: If I can publish this to the jury as well, Your Honor. 5 THE COURT: 6 MR. YAZDIYA: 7 (Pause in the proceedings.) 8 MR. YAZDIYA: 9 10 11 You may. Thank you, Your Honor. Thank you. One moment, Your Honor. BY MR. YAZDIYA: Q Agent Combs, if I could also direct you to 12 October 8th, of 2019. 13 interaction with Mr. Josh Powe? Did you also have another 14 A We did. 15 Q What was the purpose of that? 16 A The purpose was to obtain -- obtain a DNA 17 sample for Mr. Powe and then the same thing, once we had 18 a DNA sample to transfer it down to the Orl- -- to the 19 Orlando office. 20 Q Was Mr. Powe contacted about this? 21 A Yes. 22 Q And did you meet with Mr. Powe? 23 A We did. 24 25 We met at a coffee shop in Manhattan if I recall correctly. Q Do you remember who the agent or if another 68 1 agent went with you? 2 A Yes, Agent Steven Sang. 3 Q And you met him you said at a coffee shop. 4 Where at? What city? 5 A I believe it was in Manhattan, sir. 6 Q Manhattan? 7 A Yes, New York City. 8 Q And did you also collect a cheek swab from him 9 as well? 10 A We did. 11 Q Can you explain to the jury the process that 12 you use when you do that. 13 someone? 14 A Sure. How do you obtain that from Well -- well, the first thing we did 15 was after identifying ourselves again to -- to Mr. Powe, 16 we obtained consent. 17 provide us with a DNA sample, which he did. 18 the consent form. 19 referred to as a DNA kit, which is essentially -- it's a 20 kit that has a few items in it. 21 kit, which is a cheek swab that goes inside of a 22 person's mouth and then that gets placed into an 23 envelope. 24 shipped down to Mr. Ed Rosado -- I believe it was Ed 25 Rosado in Orlando. We asked him if he'd be willing to He did sign And then at that point we have what's It has the actual DNA And then that envelope is what we ultimately 69 1 2 Q When you met with Mr. Powe did you have one of these DNA kits to use? 3 A We did. 4 Q And did you go through the procedures that you 5 just outlined to the jury? 6 A 7 We did. MR. YAZDIYA: Your Honor, I'd like to approach 8 with State's Exhibit B for identification purposes. 9 Mr. Simmons. 10 (Pause in the proceedings.) 11 MR. YAZDIYA: 12 the witness again. 13 14 Your Honor, if I may approach THE COURT: You may. BY MR. YAZDIYA: 15 Q 16 B. 17 package? Agent Combs, I'm showing you State's Exhibit First of all, this package -- do you recognize this 18 A Yes. 19 Q Yes, you may. 20 A This is an evidence bag that was used to -- to 21 This -- may I touch the envelope? ship, I believe, it was the DNA kit down to Ed Rosado. 22 Q And is your signature and name on it? 23 A Yes, it is. 24 Q And what is the date? 25 A Date and time of recovery is listed as 70 1 2 3 October 8th, 2019. Q So does that package look like it's in the same substantial condition as it was when you sealed it? 4 A It does. 5 Q If I can see it for just a moment. 6 And you said this was sent to Agent Rosado in Florida, correct? 7 A Yes, sir. 8 Q And do you recognize this -- if you like I can 9 pull it for you. Do you recognize this item? 10 A Yes. 11 Q And what is this item? 12 A That is the white envelope that the DNA kit 13 was used to -- it was placed into there and then shipped 14 to Agent Rosado. 15 16 Q And this would have been placed -- the DNA kit would have been placed in this white envelope by you? 17 A Yes. 18 Q Does the envelope seem to be in the same 19 condition as when you sealed everything in there? 20 A It does. 21 Q And then you put this envelope in the envelope 22 23 that you marked and sent to Agent Rosado in Florida? A 24 25 Yes. MR. YAZDIYA: you. One moment. Madam Clerk, thank 71 1 2 3 BY MR. YAZDIYA: Q Was Mr. Powe cooperative when you collected his cheek swab? 4 A Yes. 5 Q Once you collected the saliva sample and cheek Yes, sir. 6 swab of Mr. Powe, was that always in your care and 7 custody as well? 8 A Yes. 9 Q And you -- do you recall, where did you go 10 11 12 13 14 15 after you collected this? A From there we went if I recall back to my office in Jersey City, New Jersey. Q And can you explain to the jury how did you prepare the item to be shipped to Agent Rosado? A So at that point I went back to my office in 16 Jersey City, New Jersey. 17 the item in the -- I believe it was the brown evidence 18 bag that was previously shown. 19 it off via UPS to Mr. Rosado. And at that point we placed At that point we shipped 20 MR. YAZDIYA: 21 (Pause in the proceedings.) 22 23 One moment, Your Honor. BY MR. YAZDIYA: Q Agent Combs, other than those two incidents of 24 one collecting from Mr. Powe the item he had received 25 and shipping it to Rosado and then also collecting the 72 1 saliva sample from Mr. Powe and once again shipping it 2 to Agent Rosado, did you have any other involvement in 3 this case? 4 A 5 6 No, sir. MR. YAZDIYA: witness. Your Honor, I do tender the Thank you, Agent Combs. 7 THE WITNESS: 8 THE COURT: 9 MR. SIMMONS: Thank you. Thank you. Mr. Simmons. Thank you, Your Honor. 10 (Pause in the proceedings.) 11 MR. SIMMONS: 12 THE COURT: 13 14 I appreciate it. May it please the Court? You may. CROSS-EXAMINATION BY MR. SIMMONS: 15 Q Good afternoon, Agent Combs. 16 A Good afternoon, sir. 17 Q As it relates to this investigation you 18 received an envelope from Mr. Josh Powe, correct? 19 A I'm sorry? 20 Q You received an envelope from Mr. Josh Powe? 21 A Yes. 22 Q And that envelope was not thick. 23 It was very thin, correct? 24 A Yes, sir. 25 Q And there was no documents, there was nothing 73 1 in it but just that piece of the plastic? 2 A Yes. 3 Q And you didn't know what else came in the 4 envelope when it came -- when it got to him? 5 A Correct. 6 Q And it was already opened because he opened 7 8 9 10 11 and showed you what was in the envelope? A I believe so. I don't recall exactly, but I believe that was the case. Q Now, when you received the envelope you originally wanted to send it to FDLE, correct? 12 A Yes. 13 Q And you attempted to contact FDLE, but you 14 were unable to get ahold of anyone? 15 A That's correct. 16 Q And then you had -- subsequently had to send 17 it back down to Baker County Sheriff's Office? 18 A I was -- I'm sorry, sir? 19 Q You had to then send it to the Baker County 20 Sheriff's Office? 21 A Well, I -- I believe we sent it to -- 22 Q Rosado? 23 A -- Rosado, yes, sir. 24 Q Okay. 25 Now, once the evidence left you, your control, you don't know what happened to it? 74 1 A That's correct. 2 MR. SIMMONS: 3 THE COURT: 4 May I approach, Your Honor? You may. BY MR. SIMMONS: 5 Q I'm showing you the envelope that was 6 previously marked that you filled out as it relates 7 to -- that says Combs. That's you, correct? 8 A Yes. 9 Q And that's the envelope that you filled out? 10 A Yes, sir. 11 Q And there's a section on that bag that says 12 chain of custody. 13 14 A Tell me what's the first line on it. It says -- it says, from DHS OIG NYC, that's my office, we're the New York office. 15 Q Okay. 16 A To DHS OIG ORL. 17 Q Orlando. 18 That's the -- And that was when you sent it down to Rosado -- 19 A Yes. 20 Q -- because you were unable to get ahold of 22 A Correct. 23 Q And that would have been on October the 8th, 24 right? 25 A 21 FDLE? Yes. 75 1 2 3 4 Q And then after that, what's the next indentation? A It says "DHS OIG ORL," which is -- my understanding that's the DHS OIG Orlando office. 5 Q Okay. 6 A And then next to that it says "BCSO." 7 Q And that's when Orlando sent it to the Baker 8 County Sheriff's Office? 9 A That's my understanding. 10 Q So it has a chain of custody chart to be 11 filled out in regards to each person that comes in 12 contact with it? 13 A I believe so, yes, sir. 14 Q And the two people were yourself and then the 15 16 17 Orlando office, correct? MR. SIMMONS: I don't have anything further, Your Honor. 18 THE COURT: 19 MR. YAZDIYA: 20 * 21 22 Any redirect? No, Your Honor. * * * - - - * SPECIAL AGENT EDGARDO ROSADO, 23 having been produced and first duly sworn as a witness, 24 and having responded "I do swear" to the oath, testified 25 as follows: 76 1 THE COURT: 2 THE WITNESS: 3 THE COURT: Thank you, sir. Please be seated. Thank you, Your Honor. And if you would, just adjust the 4 mic in the way that best works for you. 5 when you're ready. 6 MR. YAZDIYA: 7 8 State, Thank you, Your Honor. DIRECT EXAMINATION BY MR. YAZDIYA: 9 Q If you could please state your name. 10 A Yes. Good afternoon. My full name is 11 Edgardo, E-d-g-a-r-d-o, and my last name is Rosado, 12 R-o-s-a-d-o. 13 Q And what is your current occupation? 14 A I am currently a senior special agent with the 15 Department of Homeland Security, Office of Inspector 16 General. 17 operations program manager, which basically means that 18 I'm in charge of everything that has to do with covert 19 recordings of audio and video for our nationwide 20 program. My current title is the national technical 21 Q How many years have you been in this position? 22 A In my current role or -- 23 Q In your current role. 24 A -- employed? 25 My current role -- I've been in my current role for three years. Before that I worked 77 1 for the agency for about 18 years as a field agent. 2 started my career in San Juan, Puerto Rico, then moved 3 to Orlando, Florida. 4 headquarters in Washington, D.C. 5 Q I And since 2021 I've been in In Washington, D.C. Can you explain to the 6 jury what your duties and responsibilities have been in 7 your career as an agent and now as well. 8 9 A Okay. So before my current role I was a field agent, which basically means that I investigate all the 10 allegations that arrive to us. 11 General is a different kind of law enforcement agency. 12 For Homeland Security we investigate allegations of 13 fraud, waste, and abuse for all DHS programs and 14 operations. 15 The Office of Inspector In this case we were involved in this case 16 because the Baker County Sheriff's Office has a contract 17 with immigration and customs enforcement, which is part 18 of DHS. 19 that contract falls within our jurisdiction. 20 is why we investigate this case. So anything that's considered wrongdoing within And this 21 Q Can you tell the jury your education, please. 22 A Yes. 23 24 25 I have a bachelor's degree in criminal justice. Q And what type of training have you had in your career, sir? I know. 78 1 A That's a long one. I did my basic training in 2 2003. 3 training and criminal investigative work. 4 in Glynn County, Georgia. 5 trainings regarding technical operations. 6 trainings regarding interviews and legal updates, 7 investigative techniques, you name it. 8 through intensive training roughly about 40 to 60 hours 9 a year just to maintain our jobs. That's about nine weeks of basic law enforcement That is done After that I've had repeated I've had We have to go If you have a 10 specialty, that requires an additional 40 to 60 hours' 11 worth of training. 12 Our training guidelines are basically 13 established by the U.S. Department of Justice. 14 the Inspectors General because we're a different type of 15 law enforcement agency -- we're not the FBI, we're not 16 ICE -- the Attorney General prescribes that we have to 17 meet certain training guidelines of training hours 18 including legal updates. 19 updates alone, for example, you have to have between 40 20 and 60 hours of training every three years minimum. 21 agency can set a higher standard and we do meet those. 22 That's just for legal updates. 23 area, we have to maintain those training standards as 24 well. 25 They -- You have to have -- on legal The If we specialize in an And then different investigative techniques 79 1 that we employ either, for example, 2 advanced interviewing techniques where once you start 3 that track you have to maintain those training hours. 4 So throughout my 26-year law enforcement career for the 5 last 21 in Homeland Security, every year you have to 6 meet those training standards. 7 8 9 Q And where are you currently stationed at in your position? A I am actually part of headquarters operations. 10 I'm part of the headquarters operations division which 11 is basically the people that run all the nationwide 12 programs. 13 which is basically the people that oversee the 14 operations of all the field offices, Miami being our 15 closest one. 16 the policy group, the planning folks, the acquisition 17 folks. 18 headquarters operations division. There are two divisions, field operations, And headquarters operations basically is And I currently belong to that group, the 19 Q In 2019 where were you? 20 A In 2019 I was a field agent out of our Orlando 21 sub office. 22 is where are our regional supervisor, we call it SAC, 23 special agent in charge, where they sit. 24 Orlando office had at the time a three-man office. 25 was called a sub office. It is a -- Miami is our field office, which But the And I was working there It 80 1 between 2012 through 2021 when I left to go to D.C. 2 The duties that I accomplished while I was there was 3 basically all investigations that came to us regarding 4 our fraud, waste, and abuse mandate. 5 6 7 Q Can you explain to the jury how did you get involved in this case. A Yes. We received an allegation through a 8 system what we call the hotline. 9 system where we receive complaints from the public or We have a centralized 10 from other components of DHS or other government 11 agencies. 12 an immigration detainee with the last name 13 claimed that she had been sexually abused or sex- -- 14 that she had had what we considered to be unlawful 15 sexual contact with a prison guard. 16 purview because of the contract where ICE is now housing 17 detainees, immigration, at the Baker County Jail. 18 fell -- fell under our jurisdiction and we immediately 19 started the investigation. 20 21 22 Q In this case we received that complaint that It falls under our So it So once you received that information what did you do next? A As soon as we received the allegation of the 23 rape we proceeded to coordinate to have 24 moved to the Immigration and Customs Enforcement office 25 in Jacksonville for us to interview her. We wanted to 81 1 conduct the interview there because the allegation of 2 course said that she had been -- the incident had taken 3 place within the Baker County Sheriff's Office, so we 4 wanted to remove her from the area so she can speak 5 freely. 6 7 8 9 10 Q So when you interviewed her where did that take place at? A Yeah. The interview took place at the Jacksonville office of Immigration and Customs Enforcement. 11 Q When you interv- -- you did interview her? 12 A I did. 13 Q Was anyone with you when you interviewed her? 14 A Yes. 15 16 17 18 Burnett. Q At the time my coworker was Scott He's since retired. And how long would you approximate the interview took? A The interview -- interview was about two and a 19 half hours roughly. 20 more than two. 21 typically don't record all interviews, but in this case 22 because she was a foreign national, we weren't 23 100 percent sure that she was going to be in the country 24 when we did the interview as the information and the 25 investigation continued. I'm going to say less than three, We did record the interview. We So if we needed to get her 82 1 back in the country, we wanted to make sure that we had 2 evidence to support an agreement with the host country 3 to let her come back and to be able to negotiate with 4 immigration authorities to give her some kind of 5 permission to come into the country to testify or help 6 with the investigation, so that's why we recorded it. 7 8 9 10 11 12 13 Q Agent Rosado, do you happen to recall what country she was from? A I do not. I am sorry. I don't remember that information. Q That's okay. Do you recall her demeanor during the interview? A Oh, God, yes. I don't -- in my 26-year career 14 honestly I have only worked three or four sexual abuse 15 cases and they stick with you. 16 If I tell you that she ran the gamut of all emotions -- 17 she was angry. 18 was crying at times. 19 really had the full gamut of feelings as she was 20 explaining what had happened to her. 21 Q 22 23 She was visibly shaken. She was sometimes visibly shaking. She was withdrawn at times. She She After you concluded your interview of , what did you do next? A Well, the first thing we did was reach out to 24 our agents in New York. 25 covered already, but during the interview she mentioned I didn't know if it's been 83 1 that she had sent some items to a friend of hers in New 2 York. 3 clothing she claimed had DNA. 4 agents in -- in New York to start reaching out to her 5 friend who she identified as Josh Powe. 6 call as we were leaving the ICE facility was to reach 7 out to our agents to make sure that they were able to 8 secure that evidence because we knew it was going to be 9 pivotal. She claimed that these items -- it was a piece of We immediately asked our So our first We met with FDLE of course, asked them -- 10 since they have primary jurisdiction over law 11 enforcement officers' misconduct, we reached out to them 12 to see if they wanted to join the case and they did not. 13 And other than that we basically reached out to our 14 supervisor to brief them of the seriousness of the 15 allegation. 16 Q 17 18 And did you speak to Mr. Josh Powe who was in New York at the time? A I did speak to him briefly over the phone. I 19 basically wanted to make sure, confirm that there was in 20 fact a parcel that she had -- that 21 sent out. 22 agents from my agency would be reaching out to him to 23 collect the item. had And I told him that at some point federal 24 Q So you told him to keep the item? 25 A Of course. 84 1 Q Yeah. 2 A Yeah. Q Did you make arrangements for Homeland 3 4 We understood the importance of the item. 5 Security and other agents to go pick up this package 6 from Mr. Powe in New York? 7 A Yes. Yes. I basically made sure that 8 everybody knew each other's phone and that we can agree 9 to pick up the item at certain time and certain date. 10 We understood Mr. Josh Powe had a job, so we didn't want 11 to interrupt his schedule, but we also knew the 12 importance of obtaining the package. 13 the day we had two agents that were able to go to him, 14 pick it up. 15 coordinate that. 16 the initial interview did we have a package here in 17 Florida. 18 19 20 Q A Yes. 22 kill me. 25 And no less than a week after we did with Mr. Powe to retrieve the package? just outside. 24 I think it may have taken a day or two to Do you remember who the agents were that met 21 23 So at the end of Q It was Steve Sang and -- God. I'm sorry. I'm drawing a blank. He'll He actually gave me a ride this morning. That's all right. It's been a long day. two agents met with Mr. Powe -A He was Yes. But 85 1 Q -- and got the item? 2 A Yes. 3 Q Did you ever receive this package? 4 A Who? 5 Q Did you ever receive this package? 6 A Yes. It came to my office in Orlando and we 7 immediately repackaged it. 8 basically took the package as it came up. 9 another UPS envelope and I sent it to Detective We didn't open it. We I put it in 10 McDuffie, I believe, at the Baker County Sheriff's 11 Office. 12 MR. YAZDIYA: One moment, Your Honor. Your 13 Honor, I'm showing the defense State's Exhibit F 14 for identification purposes. 15 Honor, if I may approach? 16 17 18 THE COURT: Mr. Simmons. Your You may. BY MR. YAZDIYA: Q Agent Rosado, this is State's Exhibit F for 19 identification purposes. 20 recognize that item? You can take it. Do you 21 A I do. 22 Q And what is that? 23 A This is the printout from UPS when I actually 24 25 prepared the envelope to send to Detective McDuffie. Q And what would have been put in the envelope? 86 1 A The envelope -- it's basically the tracking 2 number and the receipt of the item that we collected 3 from Mr. Powe that came from New York. 4 Q And is your name on that? 5 A It is in the e-mail because it's actually what 6 we received. 7 UPS to give us a confirmation and this is that 8 confirmation. 9 10 Q When we create the package we actually ask So that's the confirmation when you send it to Morgan McDuffie? 11 A Yes, sir. 12 Q Who at the time was with the Baker County 13 Sheriff's Office? 14 15 A Yes. She was, I believe, the detective that was assigned initially to this case. 16 Q Does that seem to be in the same condition 17 when you look at the document, have the same 18 information? 19 A Has it been altered in any way? No, sir. This is almost -- this is identical 20 to what was -- what was given to me as an e-mail from 21 UPS. 22 23 24 25 It's actually part of our case file. Q Thank you. MR. YAZDIYA: Your Honor, I'd like to introduce this into evidence. MR. SIMMONS: No objection. 87 1 THE COURT: Without objection State's F for 2 identification will be moved in as State's 3 Number 2. 4 5 (State's Exhibit No. 2 was received in evidence.) 6 7 MR. YAZDIYA: the jury as well, Your Honor. 8 THE COURT: 9 MR. YAZDIYA: 10 11 And I'd like to publish it to A You may. Thank you, Madam Clerk. I did recall the agent's name in New York. Jerome Combs. 12 Q 13 while. 14 A Of course. 15 Q So it was Agent Jerome Combs? 16 A Yes. 17 Q Thank you, Agent Rosado. 18 19 Yes. I actually figured you would after a Thank you for sharing that. Once again, when you received the package, you never opened it? A No. No. I understood if it was DNA I could 20 not run the risk of contaminating it. 21 I basically put it in another envelope outside of it and 22 sent it right to Detective McDuffie. 23 24 25 Q McDuffie. Okay. So as it arrived Agent Rosado, did you ever receive another UPS package at a later date? A For this case, yes. 88 1 2 Q And do you recall who you received that one A I believe we received a package from the same from? 3 4 agents who had actually collected DNA from Mr. Josh 5 Powe. 6 Q Okay. 7 A If I rem- -- if I can explain. 8 Q Yes, sir. 9 A If my memory is correct, the DNA that was Please do. 10 studied from that initial piece of clothing, it came 11 back with three -- 12 MR. SIMMONS: 13 THE COURT: 14 MR. YAZDIYA: 15 16 17 Objection, Your Honor. Sustained at this point. Yes. BY MR. YAZDIYA: Q At this point you can explain, but don't go into what the fabric was. 18 A Okay. 19 Q Just -- just explain -- did you receive 20 another package? 21 A I did. 22 Q And who was that from? 23 A It was from Mr. -- it was sent by the Agents 24 Jerome and -- I believe that second agent would have 25 been Adams that I think is retired by now. But it -- 89 1 again, it claimed -- it was supposed to be DNA from 2 Mr. Josh Powe. 3 4 5 Q And did you open that package when you received it? A I did not. Again, it's DNA, so we enclosed -- 6 whatever I received I put in another envelope and 7 created another UPS sticker and sent it to -- in this 8 case it was to Detective Sergeant Mancini. 9 Q To David Mancini? 10 A Yes, sir. 11 Q With the Sheriff -- Baker County Sheriff's 12 13 Office? A 14 Yeah. Baker County Sheriff's Office. MR. YAZDIYA: One moment, Your Honor. Your 15 Honor, I do not have any more questions at this 16 time. 17 18 I tender the witness. THE COURT: Thank you. Thank you. Mr. Simmons, when you're ready. 19 MR. SIMMONS: 20 (Pause in the proceedings.) 21 MR. SIMMONS: 22 THE COURT: 23 24 25 Yes, Your Honor. May it please the Court? Yes, sir. CROSS-EXAMINATION BY MR. SIMMONS: Q Good afternoon, Agent Rosado. 90 1 A Good afternoon, sir. 2 Q You stated back in July of 2019 you had an 3 opportunity to interview the alleged victim, correct? 4 A Correct. 5 Q And you interviewed her for over two-plus 6 hours? 7 A 8 If my memory serves, yes. It was about two and a half hours roughly. 9 Q And that interview was in fact recorded? 10 A Yes, it was. 11 Q And she was very detailed in describing the 12 dates and the incidents of what occurred, right? 13 A That is my recollection, yes. 14 Q And she was very detailed in describing 15 everything that occurred at the detention facility, 16 correct? 17 A Yes. 18 Q And she gave you a brief history of -- some -- 19 some introduction, the history, and then she got into 20 her description of what happened, correct? 21 MR. YAZDIYA: Your Honor, I'm going to object. 22 These are facts not in evidence. 23 testified yet. 24 actually interviewed her. 25 THE COURT: She has not All he testified to is that he All right. You can -- that 91 1 general last question, you can answer that 2 particular question. 3 A 4 5 6 7 8 9 So, yes, she -- she explained what had happened to her. Q And as it relates to the information that she gave, you never verified that, correct? A Verified what? Can we -- can you be more specific, sir? Q Did you investigate to verify whether or not 10 Mr. Robinson was at the jail during this time of these 11 incidents? 12 13 MR. YAZDIYA: direct. 14 15 16 17 Your Honor, outside the scope of I don't think it's relevant at this point. THE COURT: Sustained at this point. BY MR. SIMMONS: Q During your interview you said you were with Agent Burnett, right? 18 A That's correct, sir. 19 Q And during the interview she told you she 20 saved the cloth and mailed it to New York, correct? 21 A Yes. 22 Q And you don't recall if she said she saved 23 anything else along with the cloth, do you? 24 A If she saved anything else? 25 Q Anything else along with the cloth that was 92 1 2 3 4 5 sent to New York. A I don't think she sent anything else to New York, if my memory's correct. Q Did you recall how many pieces of cloth that she said she saved? 6 A No. 7 Q Now, you stated that you were in Orlando 8 It was just a piece of cloth. and -- at the time, correct? 9 A That's correct, sir. 10 Q And there's an attempt to get ahold of FDLE? 11 A Yes. 12 Q And because FDLE was not available at the 13 time, that evidence was sent back to Baker County 14 Sheriff's Office? 15 A I don't think that's exactly how it happened. 16 We reached out to the FDLE, again, because as I 17 understood it -- I'm not from Florida. 18 it the FDLE has overall primary responsibility to 19 investigate state and local law enforcement for 20 misconduct and that's why we reached out to them. As I understood 21 Q Okay. 22 A No. 23 Q When you received the package, the package was And there were no cooperation? 24 just labeled. 25 package to see what it was? You didn't have a chance to look at the 93 1 A No. 2 Q So you don't know what was in there? 3 A I do not. 4 Q And when you received, again, a second I literally sent it as it came to me. 5 package, that would have been in October some time, 6 again, you didn't know what was in there. 7 received you just placed it in another package and put 8 it in the mail? Whatever you 9 A Exactly. 10 Q And on those forms that you received there is 11 a log for the chain of custody, correct? 12 A Correct. 13 Q And on that form that you received from agent 14 Jerome Combs back in July there was a second line where 15 you marked when you received it and when you sent it 16 off, correct? 17 18 19 20 21 A Yeah. That's standard procedure in my agency, Q And in October again when you received did you yes. mark where you received it and where you sent it off? A I'm not sure if we did or did not. I'm trying 22 to recall because at this point I think initially they 23 tried to send it directly to the FDLE. 24 find anybody to accept it. 25 but I know that I received it, documented it, and sent They couldn't It's -- it's been a while, 94 1 2 it forward to Sergeant Mancini. Q Got you. And the first -- back in July that 3 office you were in contact with, your point of contact 4 at that time was Detective McDuffie, correct? 5 A McDuffie, yes. 6 Q And prior to coming today you didn't get a 7 chance to review that interview video of the alleged 8 victim. 9 A Interview video? 10 Q The recorded -- 11 A -- an audio. 12 Q I'm sorry. There's no video. It's -- Not the video, the recording. 13 recording, you didn't get a chance to review that 14 recorded interview? 15 A No. 16 Q Understood. 17 A I figured I could testify about it, so -- 18 19 20 21 22 23 24 25 MR. SIMMONS: Got you. further, Your Honor. MR. YAZDIYA: Thank you. The Nothing Subject to recall. No questions from the State, Your Honor. * * * * - - - * SPECIAL AGENT JAMES DEPALMA, having been produced and first duly sworn as a witness, 95 1 and having responded "Yes, I do" to the oath, testified 2 as follows: 3 4 THE COURT: MR. YAZDIYA: 9 10 Yes, Your Honor. Thank you. One moment, Your Honor. 7 8 Please be seated. Mr. Yazdiya, when you're ready. 5 6 Thank you, sir. DIRECT EXAMINATION BY MR. YAZDIYA: Q If you could please state your name for the record. 11 A My name is James DePalma. 12 Q And what is your current occupation? 13 A I'm a special agent with the Department of 14 Homeland Security, Office of Inspector General. 15 Q And how long have you been working there? 16 A I've been working there since March of 2003 to 17 18 19 20 the present. Q Can you tell the jury what are your current duties and responsibilities. A Yes. What we do is we investigate allegations 21 of fraud, waste, and abuse committed against the 22 Department of Homeland Security. 23 investigate allegations of any sort of corruption of DHS 24 employees and DHS contractors. 25 Q And we additionally What different positions have you held since 96 1 2 2003 until now? A Well, I've been a special agent, senior 3 special agent, a resident agent in charge, an assistant 4 special agent, and also a special agent in charge with 5 the Department of Homeland Security. 6 agent again because I retired and was rehired under a 7 contract. I'm now a special 8 Q Can you tell the jury your education, please. 9 A Yes. Well, my professional education is I 10 have a BS degree in criminology from Florida State 11 University. 12 military, not law enforcement related. 13 and specifically related to law enforcement I'm a 14 graduate of the Federal Law Enforcement Training 15 Center's criminal investigator training program, the 16 Office of Inspector Ge- -- Office of Inspector General 17 training program at the Federal Law Enforcement Training 18 Center, and just numerous in-service trainings with the 19 fe- -- with the DHS in reference to our mission. 20 21 Q I have an assortment of training from the And relat- -- And what is your work experience from 2005 until the present? 22 A 2005 or 2003? 23 Q 2003. 24 A To the present -- what, my work experience? 25 Q Yes. I'm sorry. To the present. 97 1 A Well, my work experience is predominantly 2 fraud investigations and public corruption where we 3 investigate DHS employees and contractors who commit any 4 sort of -- when we say "employee misconduct," that's 5 criminal or administrative in nature. 6 of Inspector General we try to focus on investigations 7 that are higher violations of the United States Code in 8 relation to bribery, kickbacks, money laundering, child 9 pornography, and to an extent any sort of -- if I didn't 10 say narcotics. 11 employees, those crimes. 12 13 Q With the Office Unfortunately that happens with DHS And if you could just explain what type of training you've had. 14 A The type training of I had? 15 Q Yes. 16 A The most valuable type of training we have in 17 DHS I would consider is our in-service training where we 18 have training that's actually conducted from our office 19 or from people from Washington, D.C. regarding agents 20 and instructors who actually have been case agents in 21 investigations. 22 the case that they had, whether it was successful or not 23 successful, and they teach us to go over and investigate 24 a plan from A to Z to help us find out the absolute 25 truth. They create formal training regarding Because that's really what our goal is, to find 98 1 out the truth, not to find out -- we're not just 2 investigating on the side of the United States 3 government, to help us find out the whole story. 4 that's the -- I would say the most productive training 5 that I've participated as a student and as a teacher on. 6 7 8 9 Q 2019. And Let me take you to November 5th, I believe, of How did you get involved in this case? A I got involved through Special Agent Rosado, who's our case agent with the Department of Homeland 10 Security Office of Inspector General and he requested 11 for me to go to Jacksonville. 12 Jacksonville, Florida, to meet with the victim, 13 I was already in , to retrieve her DNA sample from her. 14 Q Did you meet with her? 15 A Yes, I did. 16 Q Did you go alone? 17 A No. 18 Q Who -- who did you go with? 19 A DHS OIG Special Agent Dominic Casiotta and 20 myself met with her. 21 Q Do you recall where the two of you met her? 22 A Yes. 23 Q Where was that at? 24 A We met her in Jacksonville, Florida. 25 a Barnes & Noble at 10280 Midtown Parkway in There's 99 1 Jacksonville, Florida. 2 Noble, it's to the right and there's a little park with 3 a fountain there. 4 next to the park. If you look at the Barnes & We met her on the metal chairs there 5 Q Have you collected DNA before? 6 A Yes, sir. 7 Q Can you explain to the jury the process you go 8 through to collect DNA saliva samples and what do you 9 use to do this. 10 A Yes. So at around 2008 the Department of 11 Justice mandated all federal agents have to collect DNA 12 from people that we arrest. 13 go through training. 14 the first thing we watched is a video on how to do it, 15 specifically in reference to our training. 16 a training a few times, but you really just learn how to 17 do it by opening the packet up and following the 18 instructions of the step by step of what to do. 19 probably have collected DNA on my cases and other 20 people's cases at least 100 times in the last 17 years. 21 And what was your last question? 22 through the steps on how to do it or what I did? 23 24 25 Q So we obviously then had to They provided us kits. The steps -- yeah. And then So I watched And I You want me to go The steps of what you do when you collect DNA. A Okay. So what you do is -- if you could just 100 1 visualize, it's a -- it's a sealed paper -- thick paper 2 envelope. 3 inside of it, step one, the very first thing you do is 4 you want a make sure your DNA is not going to 5 contaminate anything, so you put rubber gloves on. And then you open up this envelope and what's 6 So you put your rubber gloves on and then you 7 open up another packet that has what looks likes a flat 8 toothbrush, but it's -- it's like a plastic handle 9 that's real thin. And instead of the toothbrush it 10 would be a square or rectangular thick cloth -- or 11 excuse me, thin cloth that doesn't -- that's not 12 flexible. 13 person that you're going to get the DNA from, I need you 14 to open your mouth and I'm going to swab the inside of 15 your mouth, left, right, left, right, just for a few 16 seconds. 17 and then another container and then a third container 18 and seal it from there. 19 And so at that point you just explain to the And then I'm going to put it into a container I -- I -- those were the exact steps I did 20 with this one, but since this -- this lady's a victim 21 and not somebody I arrested, I gave her the opportunity 22 for her to swab herself instead of me sticking the thing 23 in her mouth. 24 and we did it twice. 25 Q I let her do it instead of me doing it Was she cooperative when you met with her? 101 1 A Was she cooperative? Yeah. She -- she wanted 2 to talk to her lawyer and I let her talk to her lawyer. 3 And she did, yes. 4 MR. YAZDIYA: 5 (Pause in the proceedings.) 6 MR. YAZDIYA: One moment, Your Honor. Your Honor, if I may approach, I 7 have State's Exhibit C for identification purposes. 8 May I approach the witness, Your Honor? 9 10 11 12 THE COURT: You may. BY MR. YAZDIYA: Q Agent DePalma, do you recognize -- sorry. Do you recognize these items? 13 A Yes. 14 Q Okay. 15 A These two are the items that are -- that And what are these items? 16 contain the -- the -- that I sealed that have obviously 17 been resealed, but that holds the applicator. 18 inside of her mouth. 19 20 Q That was Other than them being resealed, do they seem to be in the same condition as when you sealed them? 21 A Yes. 22 Q Are these the items that Agent Casiotta, who 23 was with you at the time, that you mailed to or -- the 24 Baker County Sheriff's Office? 25 A Yes. I -- I believe he gave them. I don't 102 1 know how he gave them to them. 2 Q That's all right. 3 A I believe we did hand to hand. 4 Q But they were sealed by you? 5 A Yes. 6 Q Thank you. 7 8 They were sealed by me, yes. MR. YAZDIYA: Madam Clerk, thank you. moment, Your Honor. 9 (Pause in the proceedings.) 10 MR. YAZDIYA: Your Honor, I think that is all 11 the questions I have at this time. 12 witness. 13 14 All right. Thank you, sir. Mr. Simmons, sir, when you're ready. MR. SIMMONS: Yes, Your Honor. May it please the Court? 17 THE COURT: 18 19 I tender the Thank you, Agent DePalma. THE COURT: 15 16 One Yes, sir. CROSS-EXAMINATION BY MR. SIMMONS: 20 Q Good afternoon, Agent DePalma. 21 A Good afternoon, sir. 22 Q Now, I understand that you had an opportunity 23 to simply collect the sample for 24 correct? 25 A That is correct, yes. , 103 1 Q And that was yourself and Agent Casiotta? 2 A That's correct, yes. 3 Q Besides collecting the sample did you partake 4 in any other part of the investigation? 5 A Yes, I did. 6 Q Okay. 7 A No. And -- yes, I did. Did you conduct any interviews? I -- I want to make sure I'm not getting 8 the cases confused. 9 was with Agent Rosado when he conducted an interview. 10 11 Q I believe on that interview -- I So you were present when Agent Rosado -- when he conducted an additional interview? 12 A Yes. 13 Q Now, as it relates to collecting and 14 documenting the DNA sample, you collected it and you 15 sealed it? 16 A That's correct, yeah. 17 Q And you labeled on the bag where in fact it 18 was going? 19 A I labeled on the external bag? 20 Q Correct. 21 A The -- okay. So the external bag, the way we 22 do it with a defendant, it has a self-addressed env- -- 23 address on there. 24 Q Okay. 25 A So we don't put the address on there. I just 104 1 got the bag and just handed it to over to Special Agent 2 Casiotta. 3 did not go to the Department of Justice lab. 4 know where the Baker County Sheriff's Office -- what lab 5 it went to. 6 Q It didn't go to our labs -- it definitively I don't So -- and your collection of this sample was 7 in essence sending it right back to the Baker County 8 Sheriff's Office? 9 A I -- yes, sir. 10 Q And outside of the instance of the That would be correct, yeah. 11 investigation and also collecting that DNA, you had no 12 other parts in this investigation as it relates to this 13 matter, correct? 14 A No. I just think -- I apologize. I might be 15 getting another case confused. 16 of -- I believe I was present on one interview where 17 Special Agent Rosado did the interview. 18 19 20 21 22 MR. SIMMONS: I know we did a lot Got you. I don't have anything further, Your Honor. * * * * - - - * SPECIAL AGENT DOMINIC CASIOTTA, JR., 23 having been produced and first duly sworn as a witness, 24 and having responded "Yes, ma'am, Yes, Your Honor" to 25 the oath, testified as follows: 105 1 2 THE COURT: Please be seated. And, Mr. Yazdiya, when you're ready. 3 MR. YAZDIYA: 4 5 Thank you, sir. Thank you, Your Honor. DIRECT EXAMINATION BY MR. YAZDIYA: 6 Q Can you please state your name for the record. 7 A My name's Dominic Joseph Casiotta, Jr. 8 Q Can you please state your occupation. 9 A I'm a retired special agent for the Department 10 11 12 of Homeland Security. Q And how long did you work for the Department of Homeland Security? 13 A I worked there from '09 till 2023, 14 years. 14 Q Can you tell the jury what was your duties and 15 16 responsibilities. A I was a criminal investigator investigating 17 crimes against the government and by government 18 employees while I was working for the Office of 19 Inspector General. 20 21 22 23 24 25 Q And where -- when you were working with them where was your office located? A Miramar. It was the Miami field office, but it's in Miramar, Florida. Q please. And can you tell the jury your education, 106 1 2 3 A I have a bachelor's in business from SUNY and I have a master's from Regis University. Q And can you tell the jury your work experience 4 with Department of Homeland Security. 5 things did you do? 6 A What type of Investigated -- I was a criminal investigator. 7 We investigated crimes against the government and by 8 government employees. 9 last couple years working there. I did mostly FEMA fraud cases the Prior to working 10 Homeland Security I was a U.S. Postal inspection -- I 11 worked at the U.S. Postal inspection service. 12 narcotics and child exploitation and prior to that I was 13 a police officer. 14 15 16 Q I worked And can you also tell the jury your training that you've had. A I graduated from Henrico County basic police 17 academy in Virginia, the Postal Inspection Service basic 18 academy, the Homeland Security special agent training 19 program in Georgia. 20 Q How did you get involved in this case? 21 A I was in Jacksonville on a FEMA fraud case. 22 And I was asked by the assistant special agent in 23 charge, DePalma, who was part of this case to -- while I 24 was up here to come witness something he was doing with 25 this case. 107 1 2 3 Q And what exactly did you do in relation to this case? A I met ASAC DePalma in Jacksonville. He was 4 obtaining a DNA sample. 5 case as I am not really even now. 6 witness. 7 envelope. 8 have something to do tomorrow, can you drive it -- on 9 your way back to Ft. Lauderdale can you make a stop I was not familiar with the I was just there as a And he obtained the DNA and put it into an And he said, hey, would you do me a favor, I 10 to -- and drop it off here in Baker County, so that's 11 what I did. 12 Q 13 Do you recall what it looked like when you got this from Agent DePalma, the package? 14 A I'm sorry? 15 Q Do you recall what the package looked like 16 17 18 that you got from Agent DePalma? A I know what those packages look like, but I can't recall specifically. I know it was an envelope. 19 Q An envelope? 20 A Yeah. 21 Q What did you do with this envelope when it was 22 handed to you by Agent DePalma? 23 A 24 hotel room. 25 then the next morning I drove from Jacksonville Town I most likely would have brought it back to my I mean I had to. That's where I went. And 108 1 2 Center to here, to Baker County. Q To Baker County. And do you remember giving 3 the -- the package to someone at the Sheriff's Office 4 here in Baker County? 5 A It was a uniformed deputy that I handed it to. 6 Q You handed it to him. Would it be fair to say 7 that once you were given possession of this it was 8 pretty much in your care and custody until you gave it 9 over to the Baker County Sheriff's Office? 10 A That's correct. 11 MR. YAZDIYA: 12 (Pause in the proceedings.) 13 14 One moment, Your Honor. BY MR. YAZDIYA: Q Agent Casiotta, when you met with this 15 individual you said at the Town Center in Duval County, 16 Jacksonville? 17 A With Agent DePalma? 18 Q With Agent DePalma. 19 A Yes. 20 Q Was it just you, Agent DePalma, and the 21 individual that you were meeting with? 22 A Yes. 23 Q Was it a male or a female you -- 24 A It was a female. 25 Q A female? There were other people around, but -- 109 1 A Yes. 2 Q And were you present when the DNA sample 3 4 was -- the cheek swab, excuse me, was actually taken? A 5 Yes, I was. MR. YAZDIYA: I think that's all the questions 6 I have, Your Honor. 7 you. 8 THE WITNESS: 9 THE COURT: 10 12 Thank Thank you, sir. Okay. MR. SIMMONS: 11 I tender the witness. Mr. Simmons. Very brief, Your Honor. CROSS-EXAMINATION BY MR. SIMMONS: 13 Q Agent Casiotta, how you doing today? 14 A Great, sir. 15 Q As it relates to whom you met, you can't 16 Thank you. identify the individual? 17 A I couldn't identify her now at this point, no. 18 Q And you were just there just to view that 19 20 21 22 procedure taking place? A I was just there at the request of DePalma, Agent DePalma, to be a witness for him. Q And once it was sealed it was in your care 23 until you dropped it off here at the Baker County 24 Sheriff's Office? 25 A Yes. 110 1 2 Q And once it was dropped off you don't know what happened to it? 3 A I do not. 4 Q And you don't know what was done with it? 5 A No, I didn't. 6 7 MR. SIMMONS: Your Honor. 8 9 I don't have anything further, THE COURT: All right. Is this -- any redirect? 10 MR. YAZDIYA: 11 * 12 13 No, Your Honor. * * * - - - * CHRISTINA FAIRCLOTH, 14 having been produced and first duly sworn as a witness, 15 and having responded "Yes" to the oath, testified as 16 follows: 17 THE COURT: 18 MR. KING: 19 THE COURT: 20 21 All right. Thank you. May it please the Court? You may. DIRECT EXAMINATION BY MR. KING: 22 Q Good afternoon. 23 A Hello. 24 Q Now that you're under oath, please introduce 25 yourself to the jury. 111 1 A My name is Christina Faircloth. 2 Q And where do you work, ma'am? 3 A Baker County Sheriff's Office. 4 Q How long have you been with the Sheriff's 5 Office? 6 A A little over 20 years. 7 Q What is your current job title? 8 A Records custodian. 9 Q Can you briefly describe your position and the 10 11 12 13 14 15 duties that are associated with that role. A Care and keeping of agency records, daily operations of the records department. Q Will you describe generically just the type of records that you would handle on an average day-to-day. A Average day-to-day basis, officer reports, 16 booking records, background checks, witness statements, 17 other documents that pertain to police reports. 18 19 Q And do your record-keeping include shift schedules and things of that nature? 20 A On a daily basis? 21 Q Yes. 22 A We store those schedules. 23 Q Now, do you have a record-keeping system at 24 25 the Baker County Sheriff's Office? A Yes. 112 1 Q What is that system? 2 A We use -- the record management system is 3 called SmartCOP. 4 Q Can you describe that briefly to the jury. 5 A It is a computer program basically based -- it 6 has several modules and platforms to assist the agency 7 from the corrections side of law enforcement and 8 computer-aided dispatch. 9 Q Now, turning to why we're all here -- 10 MR. KING: 11 THE COURT: 12 MR. KING: May I approach, Your Honor? You may. Your Honor, I'm approaching with 13 what's been marked as State's Exhibit -- Composite 14 Exhibit G1 through 29. 15 16 17 BY MR. KING: Q Will you take a look at that for me. Do you recognize what those are? 18 A Yes. 19 Q And what do you recognize those to be? 20 A These are shift schedules. 21 Q And are those records that you deal with as 22 part of the Sheriff's Office custodian? 23 A Yes. 24 Q Are these business records that are kept in 25 the regular course of business at the Baker County 113 1 Sheriff's Office? 2 A Yes, they are. 3 Q Is it the Baker County Sheriff's Office 4 regular practice to make and keep these business records 5 in the course of their operations? 6 A Yes. 7 Q Is that a business record that to your 8 knowledge is made at or near the time of the event that 9 it's reporting to be? 10 A Yes. 11 Q And from your information and knowledge were 12 these records made by somebody with knowledge and 13 information as to what they represent? 14 A Yes, they were. 15 MR. KING: 16 (Pause in the proceedings.) 17 MR. KING: 18 can take that back. 19 witness. 20 21 Thank you. Thank you. Tender the Questions from the defense? MR. SIMMONS: 23 25 One moment, Your Honor. No other questions, Your Honor. THE COURT: 22 24 Okay. Yes, Your Honor. CROSS-EXAMINATION BY MR. SIMMONS: Q Good afternoon, Ms. Faircloth. I 114 1 A Good afternoon. 2 Q I assume as it relates to your job working in 3 records you say you've been in that capacity for 20 4 years? 5 A In records, no, not for 20 years. 6 Q Oh. 7 You've been employed with the Sheriff's Office for 20 years? 8 A Yes. 9 Q In different capacities? 10 A Yes. 11 Q And how long have you been in the records 12 department? 13 A Since 2017. 14 Q Now, as it relates to these records the shifts 15 are already predetermined, correct? 16 17 MR. KING: Objection. knowledge. 18 THE COURT: 19 (Sidebar conference.) 20 21 22 Lack of predicate, * If y'all can approach briefly. * * * * BY MR. SIMMONS: Q Ms. Faircloth, aside from your duties as the 23 records custodian are you familiar with the shifts at 24 the Baker County Jail? 25 A Will you repeat the question, please. 115 1 Q Aside from your duties as the records 2 custodian are you familiar with the work schedule or the 3 shifts at the Baker County Jail? 4 A No, I do not make those. 5 Q And you literally just maintain these records, 6 correct? 7 A Correct. 8 Q And as it relates to attendance or anything 9 10 along those lines, you don't maintain those as well, do you? 11 A How do you mean? 12 Q As it relates to the records if an -- if an 13 individual did not show up or showed up, there was no 14 way to reflect that in the record? 15 that, do you? 16 17 18 19 A You don't maintain I'm not understanding the question as you're asking it. Q The records that you maintain shows what the work schedule is? 20 A Yes. 21 Q If an individual was to call out of work, it 22 would not be reflected in this record because this 23 record is just what the work schedule is, correct? 24 A I can't answer that question. 25 Q Okay. So aside from keeping the records you 116 1 have no other knowledge, you just keep the records and 2 that's it? 3 A We store the records, yes. 4 MR. SIMMONS: 5 THE COURT: 6 MR. KING: 7 (State's Composite Exhibit No. 3 was received 8 That's it. Nothing further. Any redirect? No redirect, Your Honor. in evidence.) 9 * 10 11 * * * - - - * SERGEANT JAMES MESSER, 12 having been produced and first duly sworn as a witness, 13 and having responded "I do" to the oath, testified as 14 follows: 15 16 THE COURT: Please be seated. And, Mr. King, you may proceed. 17 MR. KING: 18 19 Thank you, sir. Thank you, sir. DIRECT EXAMINATION BY MR. KING: 20 Q Good afternoon. 21 A Good afternoon, sir. 22 Q Now that you're sworn in, will you please 23 24 25 introduce yourself to the jury. A years old. My name is James Edward Messer, Sr. I'm 55 And I currently work for the Clay County 117 1 2 Sheriff's Office. Q All right. Will you please tell me -- or tell 3 the jury, rather, a little bit about your background and 4 training. 5 A So I've been working in corrections, detention 6 for 35 years. 7 prisons and went to the Clay County Sheriff's Office for 8 19 and a half years. 9 Baker County Sheriff's Office for 19 and a half years. 10 While I was at the Clay County Sheriff's Office I rose 11 through the ranks up to a captain position. When I was 12 at Baker I was a sergeant and a lieutenant. And in 13 19- -- 2017 Sheriff Rhoden promoted me to a lieutenant 14 and put me in charge of jail operations. 15 in 2019, went to work at DCF, then I went to work at 16 Bradford, and I came back to my home agency in 2021. 17 Q I started off in 1987 at one of the I took a little break, was at the I left Baker And going back a little bit to March of 2019, 18 were you working at the Baker County Sheriff's Office at 19 that time? 20 A I was. 21 Q Can you please tell the jury a little bit 22 about the jail in 2019 as far as the shifts and how it 23 was run. 24 25 A Yes, sir. So in 2019 as it had been for several years prior to that, as long as I can remember, 118 1 we had four security shifts inside the jail. 2 shifts were 12-hour shifts. 3 6 p.m. 4 shifts. 5 we tried to get our staffing up to around 14 bodies per 6 shift so that we could have plenty of coverage for days 7 off and leave and, you know, stuff like that. 8 people assigned to booking. 9 medical. All those And we worked 6 a.m. to So we had two day shifts and two overnight night So all the staffing on the shifts -- after 2017 So we had We had people assigned to We had people assigned to housing and the 10 control rooms. 11 around somewhat and kind of would -- would at times work 12 different positions on different days. 13 Q And so those staff members rotated And are you familiar with a Brian Robinson as 14 a correctional officer that used to work at the Baker 15 County Detention Center? 16 A I am. 17 Q Do you recognize him here in the courtroom 18 today? 19 A 20 21 22 Yes, sir. He's sitting right there between -- in the middle with the black suit on. MR. KING: May the record reflect he identified the defendant, Your Honor. 23 THE COURT: 24 MR. KING: 25 THE COURT: It will so reflect. And may I approach? You may. 119 1 MR. KING: I'm approaching with what's been 2 previously marked as State's Exhibit 3. 3 composite exhibit, 29 pages. 4 BY MR. KING: 5 Q Will you take a look at that. 6 A Yes, sir. 7 Q Do you recognize what those are? 8 A I do. 9 These are shift rosters. MR. KING: 10 11 This is a THE COURT: Your Honor, permission to publish? You may. BY MR. KING: 12 Q Sir, I'm going to put the TV on behind you 14 A Okay. 15 Q And what you have in your hand is the same 13 here. 16 thing that's up there on the screen, so it might be a 17 little -- 18 A Yes, sir. 19 Q -- easier for you. And what I'd like you to 20 do is take a look at this first page and tell the jury 21 the information that you're able to ascertain off of 22 this log as to the date and who was working. 23 A Okay. So this is our shift roster for 24 March 1st, 2019, the day shift, 0600 to 1800, 6 a.m. to 25 6:00 p.m. Lieutenant Gordon was the shift supervisor, 120 1 the watch commander, and then on the left-hand side 2 column it shows all the post assignments or the -- the 3 posts. 4 assigned to those posts including the top two would be 5 supervisors on down. 6 numbers towards the bottom. 7 roll call was signed by, it looks like, Sergeant 8 Roberts. 9 this is a daily thing that we compiled and it was our -- And then the middle column shows the officers And then it's got some statistical And then this particular It gives a breakdown of our count. And so 10 basically like our shift assignment schedule for every 11 day. 12 Q Okay. And specifically on this first page are 13 you able to ascertain whether or not the defendant, 14 Mr. Robinson, was working on March 1st based on this 15 document? 16 A According to this document from March 1st 17 the -- Mr. Robinson was assigned as the booking officer 18 on that day during the day shift. 19 20 Q All right. And if I can get you to go to the next page, I believe, March 2nd. 21 A Yes, sir. 22 Q Same -- same question. 23 ascertain if Mr. Robinson was working on this date? 24 25 Are you able to A area. Yes, sir. He was assigned to the medical 121 1 2 Q A Yes, sir. He was also assigned to the medical area that day. 5 6 And this, I believe, next page should be March 3rd? 3 4 All right. Q All right. And this next one, I believe, is March 6th? 7 A Yes, sir. 8 Q And was Mr. Robinson working on March 6th? 9 A Yes, sir. 11 Q And next being March 7th. 12 A Yes, sir. 10 13 He was assigned to the medical area. He was assigned to the -- as the officer in charge of the housing area that day. 14 Q 15 March 11th. 16 A It does look like March 11th. 17 Q And was Mr. Robinson working that day? 18 A Yes. 19 And this one's a little bit -- it says It's a little hazy there. He was assigned as the OIC for the housing area that day. 20 Q And then March 12th, same question. 21 A Yes, sir. 22 He was assigned as the booking officer that day. 23 Q And March 15th? 24 A He was assigned as the A pod officer that day. 25 Q And March 16th? 122 1 A He was assigned as the A pod that day. 2 Q March 17th? 3 A He was assigned as the A pod officer that day. 4 Q And March 20th? 5 A He was assigned as the medical officer that 7 Q March 21st? 8 A He was assigned to the confinement that day. 9 Q All right. 10 A Yes, sir. 11 Q March 26th? 12 A He was assigned as the A pod officer that day. 13 Q March 29th? 14 A He was assigned as the rover that day. 15 Q And March 31st? 16 A He was assigned as the medical officer that Q Just a few more. 6 17 day. these with me. 20 21 He was assigned to A pod that day. day. 18 19 Next, I believe, is March 25th. A Thank you for going through April 3rd? He was assigned to the hospital supervising an inmate that was in the hospital at Shands Jacksonville. 22 Q Next one being April 4th. 23 A He was assigned as the medical officer that Q Next was April 8th. 24 25 day. 123 1 A He was assigned as the A pod officer that day. 2 Q April 12th next. 3 A A pod officer. 4 Q April 13th? 5 A He was assigned to confinement. 6 Q April 14th? 7 A A pod officer. 8 Q April 17th? 9 A B pod officer. 10 Q April 18th? 11 A Confinement. 12 Q April 22nd? 13 A A pod officer. 14 Q April 23rd? 15 A A pod officer. 16 Q And then we've got -- I believe May 24th is 18 A B pod officer. 19 Q May 25th? 20 A A pod officer. 21 Q And last but not least, May 26th? 22 A A pod officer. 23 Q So on all those days that we've just gone 17 next? 24 through Mr. Robinson was working at the Baker County 25 Detention Center per those records. Is that a fair 124 1 statement? 2 A Yes, sir. 3 Q All right. Just give me one moment. Now, I 4 want to ask a little bit about the surveillance system 5 at the jail. 6 surveillance system that was in the jail in 2019. 7 A Can you please describe for the jury the Okay. So throughout the facility there are a 8 number of cameras. 9 number of cameras, but there's a lot of cameras. There's -- I'm not sure the total And so 10 that system is on a DVR system that allows that system 11 to record the activities that those cameras cover inside 12 the jail. 13 And so that is backed up to a set of servers. 14 And I'm not an IT guy, so this is basic what I know. 15 And so when the activities are recorded if there's an 16 incident, we can go and pull that video for a certain 17 number of time. 18 if a certain amount of time elapses, then -- and 19 somebody asks us for a video of an incident, we may not 20 have that video because of the time lapse because we 21 don't have unlimited storage. 22 astronomically expensive to have storage enough to save 23 it forever, right. 24 25 So the servers are storage, right, so It would be So when the storage is full it overwrites that. So when the time has gone, whatever that is, and 125 1 at the time maybe my recollection was -- is in the area 2 of 30 days -- so if it -- an incident happened in those 3 30 days and it started overwriting, then it would be 4 gone. And we could not get that video to look at it. 5 MR. KING: 6 tender the witness. 7 THE COURT: I have no other questions. And I Thank you, Mr. Messer. All right. Defense. 8 9 10 CROSS-EXAMINATION BY MR. SIMMONS: 11 Q Good afternoon, Officer Messer. 12 A Good afternoon. 13 Q Now, back in 2019 you were the lieutenant at 14 the jail? 15 A I was. 16 Q And you were -- you was in charge of all of 17 18 19 20 the officers that actually worked at the jail? A I was a jail administrator. I was in charge of the daily operations of the facility. Q And you -- as the administrator you kind of 21 interviewed and you dealt with discipline and new hires 22 as well? 23 A Yes, sir. 24 Q Now, as it relates to the schedules, there 25 I was responsible for everything. were four different schedules, correct? 126 1 A There were four different shifts, yes, sir. 2 Q And each of those shifts are already 3 predetermined, correct? 4 A In what way are you talking about? 5 Q There's an A, B, C, and D, which means -- 6 A Yes, sir. 7 Q -- that within a month's time somebody would Yes, sir. 8 know their schedule because of the two days on, three 9 off, or however it works out? 10 A Yeah. So the way that the schedule works is 11 that -- I'm not sure if there's an official term for the 12 schedule, but just take a week starting on Monday, so a 13 12-hour shift on Monday and Tuesday, that one shift 14 would work that day, the opposite shift would work 15 Wednesday and Thursday, and then, say, Alpha shift will 16 work Monday and Tuesday, they'd work Friday, Saturday, 17 and Sunday. 18 opposite of that. 19 Tuesday, they'd work Wednesday, Thursday. 20 was -- it -- it never changed. 21 when they were supposed to work. 22 schedule. 23 they were assigned that particular shift. 24 25 Q And then the following week it would be Alpha shift would be off Monday and So that The officers always knew They knew the set And the only thing would be when -- where And those records that you just reviewed were the shifts and who was scheduled to work, correct? 127 1 A I would assume from those records that that is 2 correct, but I can more accurately state that those were 3 the people that were actually there. 4 Q So in essence somebody may call out of work 5 because the shifts are already in place. 6 situations happen with family and people may call out of 7 work, but the shift is made up and people know their 8 schedule, so somebody may sometimes call out? And sometimes 9 A Yes. 10 Q Now, so those -- those records or those 11 shifts, they're put in place because it's predetermined 12 because of the Alpha, Bravo, Charlie, and Delta? 13 A Yes, sir. 14 Q Okay. Now, you stated that there were 15 different surveillance systems and other systems at the 16 jail that addressed surveillance as well as security 17 checks, correct? 18 A The what? 19 Q There were systems at the jail in place as it 20 relates to surveillance as well as systems in place that 21 dealt with security checks, correct? 22 A Yes. 23 Q Okay. 24 25 Now, you talked about the surveillance system at the jail as it relates to cameras, correct? A Yes, sir. 128 1 Q And while you were at the jail as the 2 administrator, you also helped implement a security 3 check system, correct? 4 A The Guardian RFID. 5 Q Yes. 6 7 Tell -- tell us about that. MR. KING: Your Honor, I'm going to object. May we approach? 8 THE COURT: 9 (Sidebar conference.) 10 11 12 13 14 * You may. * * * * BY MR. SIMMONS: Q Please tell us about that system that you assisted to put in place as it relates to security. A So Guardian RFID is a system that we can -- we 15 that we were using at the facility in order to make sure 16 that certain security functions that we did were 17 documented and that we could recover that data later if 18 we needed to and we could prove that we had been doing 19 certain security tasks. 20 security checks in the housing areas. 21 that I'm aware of is required to make security checks at 22 certain times. 23 when -- the overnight hours when it's sleeping time. 24 we need to make sure that those inmates are safe. 25 need to make sure that they're alive. For instance, overnight So every jail And certainly one of the times is We We need to make So 129 1 sure that things are as they're supposed to -- to be. 2 And so as with anything that involves a human, 3 errors can be made, things forgotten. 4 was to purchase this system that would allow us to make 5 sure that we were doing the things that we were supposed 6 to be doing, right. 7 equipment bought at some time prior to my tenure as the 8 jail administrator. 9 a long time. So my intention And so there had been some We had been hearing about this for So when I got promoted to that position I 10 made it a mission of mine to find this equipment, to see 11 if it was something that could benefit our facility. 12 And so through a lot of research and education 13 on my part we figured out what we need to do, upgraded 14 the system, and then we ultimately implemented that 15 system and that product inside of our facility for our 16 staff to use for those accountability checks as well as 17 making sure that the inmates are accounted for wherever 18 they may be inside of the facility. 19 have an almost real-time idea of where they were at if 20 something were to happen, right. 21 22 23 Q So that we could And if used correctly, that system had the potential to track everyone in the facility, correct? A So I wouldn't use the word "track." I 24 would -- I would use the word "identify" because it 25 would tell us the location where the inmate was at or 130 1 their last location, okay. 2 if an inmate was assigned to a housing -- certain 3 housing location, the system when -- would show that 4 they're there. 5 jail management system, so they shared information about 6 every two minutes. 7 So if -- say, for instance, So the system was interfaced with our And -- so once the -- the inmate information 8 was entered into our jail management system it would 9 interface with the RFID and share that information so 10 that when the housing assignment was made, that would be 11 uploaded to the RFID. 12 that was about a size of an iPhone maybe, when it was 13 used if we scanned the inmate ID card or armband, there 14 was an RFID chip inside of that and it would tell us who 15 that person was, put up a picture on there, tell the 16 housing location, or where they were. 17 Okay. So the little handheld device So if we saw an inmate walking down the 18 hallway and we weren't sure that they were supposed to 19 be there, if we scanned them with the handheld, it would 20 tell us who that inmate was, show us a picture so we 21 could make sure that we had that right person and then 22 tell us where they belonged, right. 23 from the housing area to medical, they would get 24 scanned. 25 housing area, they would get scanned and show them back So if they went If they went from medical back to their 131 1 to their housing area or show them to medical or show 2 them to a work assignment or whatever it was. 3 numerous locations that we could scan them and show them 4 that if they were moved to. 5 to know where those inmates were all the time if the 6 data was put in properly. 7 Q There was So it gave us the ability And each individual deputy or -- they would 8 have either their name or some sign in number when they 9 get on the shift to kind of sign into the system, 10 11 correct? A So each of the handheld devices -- we had 12 enough handheld devices for all the staff members that 13 needed one on a daily basis to have one assigned to them 14 on their shift. 15 assigned an individual login so that we would know who 16 was using that device, so that when we went to pull 17 records later we could tell that Officer A was using 18 this device on this date in this time for this function. 19 And so when the next staff member came in if the 20 battery's low, they could swap the battery. 21 log in and they can go about their shift doing the same 22 exact thing. 23 Q Okay. And so each of the staff members was They could And as it relates to reports, a report 24 could be generated from that system as it relates to an 25 individual deputy or as well as a detainee or an inmate, 132 1 correct? 2 A Absolutely. We could go in -- there's 3 numerous reports that we could print from the system. 4 We could -- we could get that data off of the company 5 server that was stored for us for, you know, however 6 long. 7 incident came up and they needed information on either n 8 inmate or a detainee or a staff member, we could search 9 that system and print the -- the data information that 10 11 12 13 Excuse me. I have a cold. And so if some they were looking for. Q And during the time back in 2000- -- it was put in place about late 2018, correct, somewhere in '18? A I'm not sure 100 percent of the timeline. 14 middle of 2018 sounds about right. 15 now, so there was a lot of moving parts to that. 16 a lot of work, so -- 17 18 Q Okay. It's been a while It was But in 2019 during the months of February to July of 2019, the system was in place? 19 A Absolutely. 20 Q Now, as it relates to Mr. Robinson you did 21 The supervise him at the detention facility, correct? 22 A I did. 23 Q And as of June of 2000- -- June 26th of 2019 24 25 he was placed on administrative leave? A I don't know the date, but I know that at some 133 1 2 3 4 point he was placed on administrative leave. Q he never came back to work for the facility, correct? A 5 6 And after being placed on administrative leave Not that I'm aware of. MR. SIMMONS: Your Honor, subject to recall. 7 THE COURT: 8 MR. KING: 9 THE COURT: 10 11 12 Nothing further at this point, Okay. State. Very, very brief, Your Honor. Yes. REDIRECT EXAMINATION BY MR. KING: Q All right, sir. With the RFID system if an 13 officer did not input information, what would the system 14 tell you? 15 A 16 Nothing. MR. KING: 17 No other questions. * 18 19 * * * - - - * OFFICER THOMAS DYAL, JR., 20 having been produced and first duly sworn as a witness, 21 and having responded "I do" to the oath, testified as 22 follows: 23 24 25 THE COURT: Thank you, sir. Please be seated. And, Mr. King, when you're ready. MR. KING: Thank you, Your Honor. 134 1 2 DIRECT EXAMINATION BY MR. KING: 3 Q Good afternoon. 4 A Good afternoon. 5 Q Please introduce yourself to the jury. 6 A My name is Thomas E. Dyal, Jr. 7 Q And where do you work, sir? 8 A Baker County Sheriff's Office. 9 Q How long have you been with the Sheriff's 10 Office? 11 A 18 years. 12 Q What are the positions you've held in your 13 tenure? 14 A I've held correctional officer until 2012. 15 got moved up to correctional sergeant. 16 moved to the detention lieutenant. 17 to detention inspector. 18 sheriff on patrol. 19 I moved into director of ICE operations back in the 20 jail. 21 Q I And in 2016 I And in 2019 I moved 2020 I went out to deputy And most recently this past October And I want to take you to specifically the 22 March to July of 2019 time frame. 23 at that point? What were your duties 24 A I was the detention inspector. 25 Q And describe for the jury what that means. 135 1 A You investigate various processes in the jail, 2 any kind of crime that's been committed. 3 of conflict you have between staff and inmates or 4 inmates and inmate- -- inmates, whichever one. 5 6 Q Also any kind And are you familiar with the surveillance system and the recording system within the jail? 7 A Yes, sir. 8 Q Can you please explain to the jury how the 9 10 11 recordings are saved and the process that the system goes through for recording and saving those videos. A If we have an incident we -- or the system 12 then was on a DVR system, so basically it would record 13 for so many days. 14 which then was approximately 21 days, it would overlap 15 itself, so to speak. 16 you had to go in and record that specific one off of the 17 whatever camera system you need -- or whatever camera 18 you needed for that time and date. 19 Q And then after that period of time If you wanted a specific incident, So in that 2019 range of March to July 2019 20 area, did I hear you say it was about 21 days was the 21 time that the videos would be kept? 22 A Yes, sir. 23 Q Okay. So hypothetically let's say an incident 24 happened 40 days, just picking a random number, was 25 there any way to obtain that video? 136 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No, sir. MR. KING: No other questions. I tender the witness. MR. SIMMONS: * No questions, Your Honor. * * * * (Proceedings concluded at 3:56 p.m.) 137 1 C E R T I F I C A T E 2 3 STATE OF FLORIDA ) 4 COUNTY OF BAKER ) 5 6 I do hereby certify that I was authorized to 7 and did stenographically report the foregoing excerpt of 8 proceedings, pages numbered 1 through 135, and that the 9 transcript is a true and correct record of my 10 stenographic notes. 11 12 Dated this 4th of March, 2024. 13 14 15 16 17 18 19 20 21 22 23 24 25 ______________________________ Angela Reichenbach Court Reporter 138 1 INDEX PAGE 2 3 4 5 6 WITNESSES LIEUTENANT DAVID MANCINI Direct Examination by Mr. Yazdiya Cross-Examination by Mr. Simmons Proffer by Mr. Simmons Redirect Examination by Mr. Yazdiya Recross-Examination by Mr. Simmons 3 11 18 28 36 JOSHUA POWE Direct Examination by Mr. Yazdiya Cross-Examination by Mr. Simmons 40 52 SPECIAL AGENT JEROME COMBS, JR. Direct Examination by Mr. Yazdiya Cross-Examination by Mr. Simmons 56 72 SPECIAL AGENT EDGARDO ROSADO Direct Examination by Mr. Yazdiya Cross-Examination by Mr. Simmons 76 89 SPECIAL AGENT JAMES DEPALMA Direct Examination by Mr. Yazdiya Cross-Examination by Mr. Simmons 95 102 SPECIAL AGENT DOMINIC CASIOTTA Direct Examination by Mr. Yazdiya Cross-Examination by Mr. Simmons 104 109 CHRISTINA FAIRCLOTH Direct Examination by Mr. King Cross-Examination by Mr. Simmons 110 113 SERGEANT JAMES MESSER Direct Examination by Mr. King Cross-Examination by Mr. Simmons Redirect Examination by Mr. King 116 125 133 OFFICER THOMAS DYAL, JR. Direct Examination by Mr. King 134 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 139 INDEX CONT'D 1 PAGE 2 3 EXHIBITS 4 STATE'S: 5 NO. 1 UPS shipping receipt 67 6 NO. 2 UPS shipping confirmation 87 7 COMP. NO. 3 Shift schedules 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RECEIVED IN EVIDENCE: 116