THE COURT: Mr. Strolla? MR. STROLLA: So excused, Your Honor. THE COURT: All right. Thank you, sir. (Witness excused.)

Transcription

1 0 THE COURT: Mr. Strolla? MR. STROLL: So excused, Your Honor. THE COURT: ll right. Thank you, sir. You're excused. (Witness excused.) THE COURT: The state's next witness. MR. GUY: Detective Mark Musser, Detective M.. Musser. THE COURT: Detective Musser. Mr. Strolla, your mic might be on. MR. STROLL: Thank you. THE COURT: Just letting you know. MR. STROLL: Thank you. THE COURT: Detective, if you'll come forward to the front for me, please, sir. Raise your right hand. The clerk will administer the oath. MRK MUSSER, having been produced and first duly sworn as a witness on behalf of the State, testified as follows: THE WITNESS: I do. THE COURT: ll right. Detective, if you'll come around and have a seat for us. Be sure and speak up loudly and directly into the microphone so everybody can hear you, all right? THE WITNESS: Yes, sir.

2 THE COURT: Mr. Guy. MR. GUY: Thank you, sir. DIRECT EXMINTION BY MR. GUY: Good afternoon. If you would please tell the members of the jury your name? 0 detective? years. Detective Mark Musser. Detective Musser, where are you employed? Jacksonville Sheriff's Office. How long have you been with JSO? little over nine years. nd your current assignment is where? The homicide unit. How long specifically then as a homicide little over four -- almost four-and-a-half nd just briefly tell the jury what your duties and responsibilities are as a detective with the homicide unit at JSO. We conduct investigations, any death investigations in the city, anything from homicides to suicides to overdoses to accidental death. ll right. Were you a detective in any other divisions before moving to homicide?

3 nd what were those? I was in the burglary unit and I was also in our aggravated battery unit. nd what types of cases are handled by the aggravated battery unit? ggravated battery unit would handle nonlife-threatening shootings. That would be a weapon related case where it was nonlife-threatening injuries. 0 So in total how long have you been a detective for JSO? ctually about five-and-a-half years total. ll right. nd were you in patrol before joining the detective division? In your law enforcement career approximately how many death investigations have you participated in? I would say I'm in the hundreds of scenes. Let me turn your attention to the evening of November rd,. On that date were you dispatched to the scene of a shooting at the Gate Gas Station located at Southside Boulevard? Yes, I was. Did you respond to that scene? Yes, I did.

4 bout what time did you arrive? I arrived at approximately :00 o'clock. ll right. Did you later learn the deceased name from that shooting to be Jordan Davis? Yes, I did. Had Jordan Davis' body already been transported by rescue by the time you arrived? Would you explain for the jury the team 0 concept that JSO employs to handle and respond to homicide scenes? The homicide unit is separated into teams. There are six teams. There are four detectives and a sergeant on each team and we investigate cases as a team. nd were you assigned as the lead detective on this case? Yes, I was. nd how did that come to be? Were you selected? Was it your turn or how did that happen? It was my turn. It rotates amongst the detectives. ll right. nd did you eventually make an arrest for the murder of Jordan Davis and the attempted murder of three other juveniles?

5 Yes, I did. nd who did you arrest? Michael Dunn. You see that person in court this afternoon? Yes, I do. Can you please identify him by where he's sitting and what he's wearing? He's to the left of Mr. Strolla wearing kind 0 of the purple pullover and kind of a purple pink tie. THE COURT: Let the record reflect the witness has identified the defendant. MR. GUY: Thank you, sir. BY MR. GUY: Had the scene at the Gate Gas Station been taped off and secured when you arrived? nd when you arrived, did you speak with other members of the Sheriff's Office who were already on scene? Yes, I did. nd did evidence technicians respond to process that scene? Yes, they did. ll right. While you were at the scene, did you and other homicide detectives speak with any

6 witnesses who were present at the time of the shooting? Yes, we did. nd among those witnesses that evening did you interview personally a Samantha Eichas and Mariah Grimes? Yes, I did speak with them at the scene. ll right. nd while you're doing that, are other members of your homicide team interviewing other witnesses at the scene? 0 My sergeant was actually conducting additional witness interviews at the scene while I was doing mine. ll right. That evening did your office get a vehicle description and tag number of the car from which the shots were fired? nd from that information were you able to retrieve the name of the person who the car was registered to? Yes, I was. Did you conduct a walk-through of the scene? Yes, we did. nd tell the jury briefly what's a walk-through? What do you mean by that? I'll meet with the evidence technician at the

7 scene. We simply walk through the scene looking to identify any possible items of evidentiary value, discuss the scenario of what we're being told at the time so that myself and the evidence technician are on the same page so we know what we're looking for. ll right. nd during your walk-through did you observe the red Dodge Durango at the gas station? Yes, I did. Did you or other homicide detectives attempt 0 to get video surveillance from outside the Gate Gas Station that evening? Well, as soon as we arrived we were advised by patrol officers that there was no video on the exterior of the business. ll right. Were you able to retrieve, you or one of your team members able to retrieve video surveillance from inside the Gate Store? Yes, we were. t a later date did you or another homicide detective attempt to get video surveillance from the adjacent plaza of stores that covered the parking lot? Yes, we did. Were there any functioning cameras that covered the parking lot area of that plaza? None were located.

8 While you were at the scene, did you attempt to interview any of the three young men that were in the Dodge Durango at the time of the shooting? No, we did not. nd why not? We decided to wait and have them brought down to the homicide office so that we could have a controlled environment with no distractions. ll right. nd the names of those three 0 young men are what? Thompson. Tommie Stornes, Leland Brunson and Tevin nd so what did you have done with those three individuals? They were brought to our homicide office. They were each placed in individual rooms and we began interviews. ll right. Were you still at the scene while those three young men were transported to the police station? nd about what time did you leave the scene at the Gate Station? I left the scene approximately -- checking my notes real quick. I believe it was about :0 or,

9 excuse me, about :. scene? ll right. nd where did you go from the Went to the homicide office. ll right. Were the three young men already there when you arrived at the police station? 0 evening? ll right. nd were they interviewed that Yes, they were. Were they interviewed separately or together? Separately. Okay. nd why is that done? Just so that we can talk to them on an individual basis and there's no crossing of information. They can't hear what the other one's saying to us at that time. ll right. Is that standard procedure when you interview witnesses to crimes? Yes, it is. ll right. Were any of the interviews of those three young men recorded either by video or audio? No, they were not. Why not?

10 That's standard procedure. We do not record individuals who are not considered suspects. ll right. Was a written statement taken from any of those three young men? No. Did you participate in the interview of Leland Brunson that evening? 0 night. present. Yes, I did. nd about what time did that interview begin? I interviewed Leland approximately :0 that nd where was that interview conducted? n interview room in the homicide office. Was anyone else present for that interview? Detective Oliver and Leland's mother was also ll right. Who's Detective Oliver? He was my partner at that time. ll right. nd why was Leland Brunson's mother in the interview room during his interview? Thought it was the right thing to do. He was visibly distraught and his mother was present and thought it would be the right thing to have her in the room just for her -- a little bit of -- to have somebody to console him.

11 ll right. nd his demeanor when you say distraught, what do you mean? He was very quiet, visibly shaken. You could tell it was a rough time for him. Was Leland Brunson cooperative with you? Did he answer all your questions? Did you also participate in any interview of 0 Tevin Thompson? Yes, I did. nd who was present for that interview? Detective Oliver. nd the same Detective Oliver that you mentioned earlier? Yes, sir. ll right. nd about what time did that interview begin? with you? That was approximately : p.m.. ll right. Was Tevin Thompson cooperative Yes, I was. nd did he answer all of your questions? Yes, he did. Did you participate in the initial interview

12 of Tommie Stornes? I did not. nd why is that? He arrived at the office prior to my return from the scene. Detective Oliver was already at the homicide office so he began the interview with Tommie Stornes. ll right. During those interviews did you 0 or Detective Oliver advise any of those three young men that Jordan Davis had actually died? Not until we completed our interviews. Okay. nd why did you wait until the conclusion of the interviews to advise them that Jordan Davis had died? Unfortunately it's something we often have to do with witnesses at the scenes if they're not aware of the death because we know once we tell them someone has died it can be so traumatic to them they might shut down and we want them talking to us at that point to gain information, so we wait till the end to finally tell them what the situation is. ll right. Later that evening or even after midnight did you again meet with each of those three young men for the purpose of showing them a photospread?

13 Yes, I did. Okay. What is a photospread and how is it used in an investigation such as this? photospread is used for trying to get an identification. You take an individual, in this case the suspect, included with five other photographs of people who have similar characteristics to that individual and it's a way of trying to see if the witness can identify a particular person. 0 ll right. nd did the photospread in this case include a photograph of Michael Dunn? Yes, it did. Is that because you had his name when you ran the tag number? He was the registered owner of the vehicle and his physical description was consistent with the physical descriptions we were getting at the scene. created? Was more than one copy of that photospread nd why was that? So each person you're going to show a photospread to gets an individual. That way if one of them happens to mark on the picture they've identified

14 the person who's behind them who's getting it is going to get a clean slate. They're not going to see any kind of markings on it that would tell them somebody else had already identified somebody. nd were the three individual photospreads identical to each other? ll right. nd were those photospreads 0 presented to the three young men while they were together or separately? Separate. nd why is that? Once again so none of them know if any of the others have identified anybody. to first? ll right. Who did you show the photospread I believe I showed it to Leland Brunson first -- correction, Tevin Thompson. ll right. nd about what time was that? Showed it to him at approximately :0 a.m.. nd where did you do that? In the same interview room we interviewed him in. ll right. Before presenting a photospread to Tevin Thompson, did you give him any instructions

15 about viewing the photospread? We have a -- called a photospread instruction sheet that we read aloud to them and gives them basically the -- what the procedure is and I go over that with him, make sure he understands them and he signs the form acknowledging he understands the instructions. ll right. nd was that procedure followed with Tevin Thompson, Leland Brunson and Tommie Stornes? 0 Thompson? Did you then present the photospread to Tevin nd how did you do that? Normal way to do it is I would have the pictures upside down. I shuffle them so I don't know where the person -- the target person is and then I hand the pictures upside down to Tevin and I don't actually look down, so I'm not looking at him while he's going through his photospread because that way I can't see who he's looking at so there's no facial expression from me to indicate I know who he's looking for or anything that can tell him that's the suspect. nd did Tevin Thompson identify anyone in the photospread?

16 Who was that? Michael Dunn. nd did you have Tevin Thompson sign and date the photo that he selected? Yes, I did. MR. GUY: Your Honor, may I approach the 0 witness? BY MR. GUY: THE COURT: Yes, sir. Let me show you state's first. Do you recognize that? nd what do you recognize that to be? This is the photospread instruction form that I went over with Tevin. nd how do you recognize it to be the same? His name is listed. It's got his signature, my signature and also has the red dot at the top right corner which is what I marked to make sure that I know what the original is. Very good. Would you read the instructions to the jury that you read to these three young men that evening before presenting to them the photospread? Sure. The instructions are the person who

17 0 committed the crime being investigated may or may not be in these photographs. It is just as important to clear innocent persons from suspicion as to identify guilty parties. You are not obligated to pick anyone from these photographs. Carefully review each photograph presented to you. Individuals presented in this photospread may not appear exactly as they did on the date of the crime because features such as head and facial hair are subject to change. Look at every photograph before you make a decision. Take as much time as you need to examine each photograph. I'm not allowed to give you any assistance in identifying or not identifying a suspect. You will be asked to sign and date the back of the photograph if one is selected. Do not discuss this photospread or the results of this photospread with any other witnesses. ll right. Let me show you then state's. Do you recognize that? nd what do you recognize that to be? It's a photograph of Michael Dunn that Tevin Thompson identified. nd how do you recognize it to be the same? Tevin signed it, dated it, indicated the --

18 this was the man that was shooting, and I signed and put my identification number on it. ll right. nd let me show you and. We'll take first. Okay. This is the photospread instructions for Leland Brunson. nd? 0 Stornes. It's the photospread instructions for Tommie ll right. nd how do you recognize it to be the same as each of those? Same also. They each have their names both places at the top. They both signed it. I've also signed it and put the date and time. ll right. Did you then -- after you showed the photospread to Tevin Thompson, did you then present that same photospread to Leland Brunson? Yes, I did. ll right. nd again was that done separately from any other witness? It was in the same room that we interviewed him in. ll right. Did Leland Brunson identify anyone from that photospread? He did not make a positive identification.

19 ll right. Was he able to narrow the photographs down to anyone? He was able to narrow it down to two photographs. MR. GUY: Your Honor, if I could have just a moment? THE COURT: Yes, sir. BY MR. GUY: 0 those? He narrowed it down to two photos? Okay. So did you have him sign either one of No. Why not? Because it was not a positive identification. ll right. When you -- did you note though which two photos he selected? Okay. Was one of those photographs of Michael Dunn? Yes, it was. ll right. fter you showed the photospread to Leland Brunson, did you then present it to Tommie Stornes? Yes, I did.

20 ll right. nd did you follow the same steps that you've already described? ll right. When Tommie Stornes was shown the photospread, did he identify anyone? He did not make a positive identification. nd what did he do? Did he narrow it down? He narrowed it down to the same two 0 photographs that Leland Brunson narrowed it down to which included Michael Dunn. ll right. nd the other photograph you refer to as a filler photo? Correct. ll right. MR. GUY: Judge, may I approach? THE COURT: Yes, sir. BY MR. GUY: Let me show you first. Do you recognize that? That's the photograph of Michael Dunn. Okay. nd does that contain the photos -- all the photos in the spread? ll right. Let me show you -- and you can flip through it.

21 It appears to obtain all the photographs that were shown. ll right. nd? The same, photograph of Michael Dunn. ll right. nd again does that contain all of the photographs? It appears to. ll right. So these are not marked because there was not a positive identification? 0 Correct. ll right. But Tommie Stornes and Leland Brunson did select the defendant's photograph as well as a filler photograph? Correct. Do you recall which filler photograph they each selected? ll right. Would you pull that out? nd let me have this one if I can. MR. GUY: Judge, may I publish these to the jury? THE COURT: Yes, sir. BY MR. GUY: So in my right hand I have the photograph of? Michael Dunn.

22 nd in the left the filler photo? The filler photo. Just briefly if I can show these. So these are the two photographs selected by each Leland Brunson and Tommie Stornes? fter those photospreads were viewed, did you and your sergeant and other team members continue investigating the case? 0 Yes, we did. t some point after midnight in those early morning hours after the photospreads were presented, did you obtain an arrest warrant for the defendant's arrest? Yes, I did. nd approximately what time of day was that arrest warrant signed? : in the morning. nd was the arrest warrant signed for the charges of murder and attempted murder? ll right. When was the defendant -- and let me just back up. When you say :0 or : in the morning, are you talking about the morning now of the th?

23 Yes, Saturday morning, approximately :. ll right. nd when was the defendant taken into custody? Saturday morning approximately :00 a.m.. nd where? t his residence in Brevard County. By what agency? Brevard County Sheriff's Office. nd was that pursuant to the warrant that had 0 been signed in Jacksonville? ll right. Did you and other JSO homicide detectives or your sergeant drive to Brevard County that morning? Yes, we did. nd about what time did you leave Jacksonville? pproximately :0 that afternoon. :0, noon'ish on the th? Correct. Had you been home yet or had you taken any type of break to go to sleep? No. Is that because you continued to investigate the case throughout that evening?

24 While you were in Brevard County that day, did you interview a woman named Rhonda Rouer? Yes, we did. nd about what time of day on the th did you interview Rhonda Rouer? 0 afternoon. That was approximately about : in the nd where did you interview her? It was at a neighbor's residence of hers. Was Ms. Rouer cooperative with you? Yes, she was. Did she answer your questions? nd while you were in Brevard County, did you go to the defendant's residence? Yes, we did. ll right. Did you locate the black Volkswagen Jetta? Yes, we did. nd was the interior of that car searched by a crime scene analyst with the Brevard County Sheriff's Office? Yes, it was. ll right. nd was a firearm retrieved from

25 00 that -- from that car? Yes, it was. ll right. Did you later have that firearm and the car itself, the black Jetta itself, transported to Jacksonville? nd when did you do that? The firearm was brought back -- I have to 0 check my notes. I believe it was the Wednesday the following week. I believe it's the th of November if I'm not mistaken, and the vehicle was brought back, I believe, several days later. ll right. When did you and the other detectives return to Jacksonville? Sunday, early afternoon on Sunday. ll right. So now the th? Correct. ll right. s part of your investigation did you visit the hotel where the defendant and Rhonda Rouer had stayed on the evening of November rd,? Yes, we did. nd when did you do that? That was on I believe it was Monday the th. ll right. nd what -- where was that hotel? It's the Sheraton Hotel located in Deerwood

26 0 Park. You had been to the scene at the Gate Station. Can you give the jury an idea of roughly how far it is from the Gate Gas Station to the hotel, the Sheraton Hotel? miles. Driving distance it's approximately three Did you have an occasion -- let me turn your 0 attention to the next day, November th. Did you have an occasion on that day to view the red SUV now at the Jacksonville Sheriff's Office warehouse? nd was your purpose in viewing the car to examine the child locks on the car? Yes, it was. Did you do that? Yes, we did. ll right. Was Detective Bill Whittlesey with you that day? nd he's an evidence technician with the Sheriff's Office? with you? Correct. ll right. nd were any other detectives

27 0 Detective Oliver. ll right. nd when you examined the child locks, what position were they in? Was it the on position or the off position? They were in the off position. While you were viewing the car, did you see anything underneath the seats of the car? There did appear to be some kind of plastic 0 tripod like multiple legged. I had a hard time describing what it is exactly. ll right. Let me ask you to turn to your monitor. You see state's in the photograph? Yes, sir. ll right. Let me show you state's. and, do you recognize that as the red Dodge Durango? Okay. Can you circle for the jury if it appears on that photograph the area where you saw this tripod? When we were looking at it we could see its legs around underneath the seat right here. ll right. nd you've indicated the rear passenger seat? Correct. Okay. Did you or Detective Oliver make any

28 0 attempt to get that tripod out of there? Detective Oliver actually sat in the seat to see if it was something that could be reached. there? nd was he able to reach it? Not seated in the vehicle, no. Okay. Did -- were you able to remove it from How -- how -- explain to the jury how you 0 were able to get that tripod out from underneath that seat? To actually pull it you would actually have to open the door, step out of the vehicle and then pull it out the side of the vehicle. There's no -- you couldn't get it out with the door shut. Okay. So you'd have to open the back door and then pull it out outside the car? Correct. s opposed to from underneath the seat? Correct. In front of you? Okay. s part of your investigation did you also order and receive cell phone records for Leland Brunson, Tommie Stornes and Tevin Thompson? Yes, I did.

29 0 nd you received those? ll right. nd were they maintained in your file? ll right. nd on those phone records did you examine them to determine if and when any of those three young men had called? 0 ll right. MR. GUY: Your Honor, may I approach the witness? THE COURT: Yes, sir. MR. GUY: Judge, these are marked for identification only at this point. THE COURT: ll right. BY MR. GUY: -P, hand you that. Do you recognize that? nd what do you recognize those to be? It's the response from MetroPCS for the telephone number of Tevin Thompson. ll right. nd -, do you recognize that? These appear to be the phone numbers for or the phone call record for Leland Brunson.

30 0 nd -R, you recognize that? These appear to be cell phone records 0 for Tommie Stornes. MR. GUY: Judge, at this time I would offer -P, - and -R into evidence as the next numbered exhibits. I believe they would be through 0. THE COURT: Mr. Strolla. MR. STROLL: No objection, Your Honor. THE COURT: Madam Clerk, would that be the next proper number? THE CLERK: Yes, Your Honor. THE COURT: ll right. So -P will be received as. (The item last-above referred to was received into evidence as State's Exhibit No..) THE COURT: Those are the records of Mr. Thompson. - will be received as, and those were the records of Mr. Brunson. (The item last-above referred to was received into evidence as State's Exhibit No..) THE COURT: nd -R will be received as 0, and those are the records of Mr. Stornes. BY MR. GUY: Detective, did you identify those records by the phone number of the records?

31 0 Okay. Mr. Thompson's, do those records come with a self-identifying sheet, that is the records tell you who the phone belongs to? It tells you who the registered name is on that phone. Okay. The other two records from Sprint, that of Tommie Stornes and Leland Brunson, do they self-identify who the phone is registered to? 0 No. They just -- their response to the subpoena the company just sends us the phone records for that number. ll right. So you identify it by the number? Correct. MR. GUY: Your Honor, is there any objection from defense counsel and from the Court for the detective to write on the exhibit who the records belong to so there's no confusion? THE COURT: Mr. Strolla. MR. STROLL: Judge, I thought they already were marked. If I can just look again. I know they were marked in my evidence. THE COURT: Okay. pparently they just -- on two of them it's just the phone number. MR. STROLL: Judge, if I may have a moment to

32 0 0 verify? THE COURT: Yes, sir. ny objection, Mr. Strolla? MR. STROLL: Not in the order we just went over, Judge, no objection. THE COURT: ll right. The detective can write on the records themselves the name of the person who corresponds with that phone number. MR. GUY: Yes, sir. would be again who? THE COURT: That would be Mr. Brunson. MR. GUY: Yeah. You can take it out of the sleep. THE WITNESS: Okay. That's what I was asking. MR. GUY: nd then on 0, Judge, the phone records of Tommie Stornes, he'll mark that accordingly. BY MR. GUY: ll right. Let me ask you now to look at state's, the phone records of Leland Brunson. Detective, do those records reflect that Leland Brunson ever called on the evening of November rd,? No, they do not show Leland Brunson calling. Do they reflect the last outgoing call before : p.m. on the evening of November rd,?

33 0 :00 p.m.. The last outbound call is at approximately ll right. Let me show you then the records of Tevin Thompson, state's, and ask you if those phone records reflect a call to on the evening of November rd,? Yes, they do. t what time is the call to? 0 : p.m.. nd does the -- do the phone records reflect the duration of that call? They say one minute, ten seconds. ll right. Will you tell the members of the jury, please, what the phone records reflect about the last outgoing phone call before the call to? That call, outgoing call, was placed at : p.m., and it was not answered. ll right. nd if we can look at 0 then, the phone records of Tommie Stornes. If you would examine those and tell the members of the jury whether or not they reflect a call to on the evening of November rd,? Yes, they do. nd tell the members of the jury what time it was.

34 0 pproximately :0 p.m.. nd what was the duration of that call to? ppears to be one second. nd what is the last outgoing call from that cell phone prior to the call to? The last outbound call is shown at :0 p.m.. ll right. nd you've been reading from 0 those records and I'm asking for dates and times and calls to and duration. Is all of that readily apparent on the records themselves? Okay. So these aren't in any kind of code? No. I'm used to looking at them but I think they're pretty self-evident. They -- they -- do the phone records tell you if the call is inbound or outbound? Do they tell you the time of the call? nd the date? nd the duration? Yes, they do. Okay. Detective, after November th did you

35 continue to investigate this case? nd did you interview witnesses as part of that ongoing investigation? Yes, we did. t some point did you interview a gentleman named Christopher LeBlanc? 0 Yes, I did. nd when did you interview that individual? That interview was on Monday, December rd. nd why was it that you interviewed Mr. LeBlanc, Christopher LeBlanc, on December rd? How did you get to him on that date? I learned about Mr. LeBlanc after reviewing all of the calls on the previous Friday, November 0th. nd was he cooperative with you? ll right. Did you also interview Christopher LeBlanc's sister, lyssa LeBlanc? Yes, I did. nd when did you interview her? That was on Tuesday, December th. ll right. nd again why did you interview her on that day?

36 We had learned about her, also, in the same phone call from Friday, the 0th, and the Tuesday was the first day that we were actually able to make contact with her and make a time to meet and speak with her. ll right. This may seem like a silly question. They were interviewed on separate days. Were they interviewed separately? 0 Yes, they were. Okay. s part of your investigation did you have items of physical evidence submitted to the Florida Department of Law Enforcement for further analysis? Yes, I did. nd did that include a firearm recovered from the defendant's gun as well as a DN swab from shell casings collected from the casings at the scene? nd did you receive results back from those examinations? MR. GUY: Your Honor, may I have a moment? THE COURT: Yes, sir. MR. GUY: That's all I have, Your Honor. Thank you.

37 0 THE COURT: Ladies and gentlemen, I told you I'd give you a little quicker break this afternoon because of the seats, so why don't we take 0 minutes or make it because I know some of you might need. I can't see. There's a glare back there. Call it :0 and we'll resume. Don't discuss the case among yourselves or with others. See you back in minutes. (Jury excused for recess.) (Recess.) THE COURT: ll right. Ready to resume? MR. GUY: Yes, sir. THE COURT: Bring the jurors in. (Jury in at : p.m..) THE COURT: ll right. Ladies and gentlemen, hopefully that was helpful. Maybe one more short break before we're finished for the day and that should do it. Have a seat. Mr. Strolla. MR. STROLL: Thank you, Your Honor. If it may please the Court? THE COURT: Yes, sir. CROSS EXMINTION BY MR. STROLL: How you doing today, Detective Musser? Good, sir. How are you?

38 Very well. Do you have a copy of your report in front of you? t any time you need to refresh your recollection go ahead but don't read from it if that's okay. Now we talked a little bit about your career. You were a burglary detective, correct? 0 Correct. nd you were only a burglary detective for about six months? Correct. nd then you went to what we call aggravated battery detective? like that? Correct. Okay. nd that's domestic violence, things No, sir. Not domestic violence, just nonlife-threatening gun crimes. Okay. nd in that respect you were there for about eight months? Correct. Right. Now in JSO when you move from a patrolman to a detective it's a lateral move, correct? Correct.

39 It's not a promotion? No. You don't have to take a test? No. It's not like a sergeant's exam or anything like that, correct? 0 Correct. You basically get interviewed? Correct. nd that's after it's given out to JSO, I guess, like a job application is put out there? They advertise the position? They'll say they're interviewing people interested in coming to the investigations unit. ll right. nd you did that for the burglary unit? I did that for the investigations unit, not specifically for the burglary unit. That was just the first unit I went to. Okay. nd then from burglary to aggravated battery you do another interview? No, sir. Or do they advertise the position? nd then how do you get that position?

40 That particular one I just responded to the lieutenant, said I was interested. I was called, brought over. They offered me the position. correct? nd that was after it was advertised? Now you were only there eight months, Correct. Now at one point a sergeant came over to you 0 and asked you if you wanted to be in homicide, correct? Correct. nd they never interviewed you for that position, is that true? That is correct. They never even advertised it to anybody in JSO, is that correct? Correct. Now the same sergeant that handpicked you and appointed you as a homicide detective actually left your unit just a couple months after you were appointed, correct? Correct. nd that's when Sergeant Paul came on? Now the night of this incident Sergeant Paul

41 was your direct supervisor, correct? Correct. He didn't interview you for the position, did he? No. He didn't appoint you for the position, did he? No, he did not. He just happened to be your sergeant because 0 you were already there when he got there? That is correct. Now with that being said, correct me if I'm wrong, did you tell the state you did a brief walk-through as you got on scene? Not on scene at -- not on scene. t the homicide -- at the crime scene? Not initially. The walk-through was done a little bit later. words? With the evidence technician? nd you said that was brief. Was that your Brief meaning minutes. Okay. nd in those minutes you basically showed him the Durango?

42 Correct. You showed him the casings on the ground? Well, it's a combination. It's both of us because he's obviously there, also. He can see the same evidence as I can. Well, then I'm asking you what did you point out? I don't recall if he -- if I pointed out or 0 if he -- they're also with me. It's obvious that there are shell casings lying on the ground. There are obvious multiple gunshot holes in the side of the truck. ll right. nd then what else do you point out, if anything at all? I know we walked around the driver's side of the truck. We observed clothing on the ground, what appeared to be a wallet. Okay. nd that's obvious because it's there? Because it's there. ll right. What else did you point out? That's all I recall at this time. Okay. nd you have your report there. You want to refresh your recollection? I can. Go ahead. Tell me if you put anything in

43 your report, what you pointed out other than what we'll call the obvious. I think we covered it. Nothing else, right? No, sir. Okay. Now you also testified about this tripod underneath the back seat. Correct. You testified to the jury that you and 0 Detective Oliver did some kind of investigation with it, is that what I heard you say? We noticed it when we came back to the truck for -- to look at the child locks, yes. ll right. nd that was several days later, four to be exact? Okay. nd can you tell me where you put in your report that Detective Oliver climbed in the back seat to see if he could get that in or out? I did not. It's not your report? No, it's not. So the first time we're hearing about it is today in front of this jury, is that correct? First time you've heard about it, yes.

44 Okay. nd -- but it's not in your report, is it? No, it is not. ll right. nd that's something that obviously was relevant to the state to ask you about? 0 included? The state decided it was relevant, yes. nd again it's something that you never I did not. Now aren't you trained as an officer -- and how long have you been an officer? I've been with the Sheriff's Office nine-and-a-half years. In nine-and-a-half years aren't you trained where your reports are supposed to be accurate? Complete? nd especially if it's relevant to the case included in your report? If I believe it's relevant, yes. Okay. But you didn't believe it was relevant of what you testified about Detective Oliver sitting on the back seat to try and get that tripod out? MR. GUY: Judge, I'm going to object to that

45 as argumentative. BY MR. STROLL: THE COURT: Sustained. Let me ask you this: Isn't it true when that tripod is there it actually creates a space under that seat, isn't that true? I can't testify to that. Okay. Do you not recall seeing and looking under there like you said you looked under there? 0 I can see it. I did not go -- obviously put my head underneath it. ll right. So you didn't even go to see if a rifle or a shotgun could fit under there, did you? It did not appear anything else could. I mean I saw that. That's all I saw. ll right. nd you didn't go look to see if maybe a lead pipe or some kind of pipe could be in there? No, sir. Or even a blunt object or a stick? I did not observe anything. You didn't even look though, that's correct? I did not see anything. Did you look to see if there was space under that seat for a weapon?

46 I was looking for items, not space. Now when you came on scene, isn't it true there was no perimeter stopping people getting into the plaza attached to the Gate Gas Station? Correct. s a matter of fact, when you got there you got there well after the incident occurred? 0 scene? Correct. Tell the jury what time did you arrive on I believe it was approximately :0. nd at :0 -- and the shooting happened at :0, correct? roughly. :, I believe, is the documented time Do you have an independent recollection of when the shooting happened? That's documented in the report as being the incident time. ll right. Have you reviewed the video prior to your testimony today? Not today, no, sir. Okay. When was the last time you reviewed the video of this case? Several weeks ago.

47 ll right. nd you knew you were coming to testify today about this case, correct? I'm sorry? Okay. nd how many times have you met with the State ttorneys to discuss your testimony? Without going into the details, how many times have you met with them? 0 Twice. ll right. Now on that -- and we can assume, correct me if I'm wrong, the video is the best evidence, would you agree? Best evidence of what? In terms of the time. Not necessarily. Their clock may be different from what, you know, JSO's clock is. I can't tell you the clocks sync up exactly. But on that video it has a time with even seconds on it, isn't that true? I believe so. Okay. nd I'm not asking about JSO time. I'm talking about the time on the video. Yes, sir. nd that's fair?

48 s best I know it's reasonable. I can't tell you if it's exactly accurate. Okay. But yet you put that video in evidence. You took a copy of it from that scene, didn't you? nd isn't it true you didn't even watch the video that night while you were on the crime scene? I did not watch the video that night, not at 0 the crime scene, no. ll right. nd that's because you did not have a laptop with you? Correct, which is standard for us. Okay. But let me ask you this: How many cars were present in terms of law enforcement when you were there? Numerous. Did you ever go to one of your officers and say put this in your laptop and let me view it? No, I did not. Did you ever walk into the Gate Gas Station and ask the assistant manager pull up the surveillance, I want to watch it? I did not. Now you were the lead homicide detective,

49 isn't that true? That's correct. nd even though your sergeant was on scene it's still your scene? He's going to defer to you? Sometimes. In terms of what you want done it's fair to say? 0 Unless he disagrees with it. ll right. nd did he disagree with anything you did that night? No, sir. Did he tell you you should do anything differently? No, sir. Did he tell you to go look at the surveillance video? No, sir. Is that something you would do as a standard procedure on a crime scene is go watch the video of what happened? If I was to believe that the actual incident was on video then, yes, but obviously we knew there were no outside video of the actual incident itself.

50 ll right. So we knew it would be the inside the store which we knew we could not see the actual incident. ll right. nd with that being said, there's different camera angles on that video, correct? Correct. nd you would have actually been able to see 0 about five or six different angles of witnesses, where they were, what they saw and what they heard, isn't that true? I can't tell what they see from the video. I can't tell what they hear in the video. Well, let me ask you this: Do you even know if there's audio on that video from the Gate Gas Station? Yes, there is audio. Okay. nd when you got there, did you order all of the witnesses into the Gate Gas Station or were they already there when you got there? They were already there. Now if they're already inside, correct me if I'm wrong, there's audio where you could hear what the witnesses would have said? nd you did not go in there and ask for any

51 timeframes to record what your witnesses were saying inside the Gate Gas Station, did you? I did not because this was the first case -- I did not realize that Gate had audio at that time. I had never been to a -- first time I ever had surveillance video that would have had audio capabilities so it was not something I thought of so, no. So you didn't even think to ask, is that what 0 I just heard you say? I never heard of it before. nd you didn't even talk to the assistant manager to ask her about the video then because she's the one that copied it for Lieutenant Callahan, is that correct? No, sir. Because we had already -- she provided the copy. Lieutenant Callahan? ll right. nd then when she gave it to you again you just didn't even decide to ask any other officer to put it in their laptop, is that true? scene. No, I did not attempt to watch it at the Did you have the ability to watch it at the

52 scene? I don't know if I would have because actually a lot of our laptops are unable to play the video that we did receive. The one copy, the first copy I had, actually when we got back to our office I was unable to play it on our laptops. lot of our laptops have administrative restrictions on them and certain programs we can't play, so I can't say I would have been able to see it there either way. 0 But you would have known before you left the scene that you couldn't see it back at your office, isn't that true? Not necessarily. ll laptops are different. If it did play at the scene doesn't mean it's not going to play here in the office. I don't know that. It -- Sorry. Go ahead. Eventually down the road we were able -- there were computers in our office that would play it. Mine personally would not. nd again you were also able to find out if other officers' computer did work but you didn't even try it? Not at the scene. Can you tell the jury how many law enforcement vehicles were on scene?

53 responded? I don't recall. Multiple? I mean this is a homicide. lot Multiple marked vehicles there. More than ten, less than ten? I'd be guessing. Less, maybe ten. ll right. nd did you ever check any of those ten to see if it would work? 0 No, sir. nd there was no crime scene tape up when you came in I believe over an hour later, is that correct? arrived. No. There was crime scene tape when I Not where you came in. You came in at Old Baymeadows, correct? Yes, where I entered into the -- Plaza? Plaza area there was no crime scene tape, no. The crime scene tape was at the Gate Gas Station entrance, correct? Correct. nd then the other side on Baymeadows, the other entrance was blocked off as well? Correct. Now you also admit that there were other cars

54 and people in that plaza when you came through, isn't that true? That is true. nd did you ever interview anybody in that plaza while you were on scene? No, sir. Isn't it true you only interviewed the witnesses that were put inside the Gate Gas Station? 0 We interviewed the witnesses I was aware of. The answer to my question was it was the witnesses inside the Gate Gas Station, correct? The witnesses I was aware of were interviewed. Tell the jury where they were standing, Detective Musser. The witnesses when I interviewed them were inside the Gate Gas Station. ll right. So the answer to my original question was a simple yes, they were in the gas station? The witnesses I interviewed were there at the gas station. nd again you learned later that there's audio, correct? Correct.

55 Did you ever go back to the Gate Gas Station, did you ever go back to management, did you ever go to corporate and say give me a lengthier time of that audio, I want to know what these witnesses were saying while they were in there? No, I did not. nd you put -- and correct me if I'm wrong. The three gentlemen you said we didn't interview them till we got to homicide, correct? 0 That is correct. Tell the jury where they were standing when you came on scene. I -- they were -- as far as I knew they were detained. I never saw them at the scene. Okay. Were you aware that they were put inside the Gate Gas Station with all the other witnesses? Not initially, no, sir. I never saw them. I couldn't tell you where they were. Did you just say not initially? No, sir. What I'm saying is I never saw them. Right. I know they were transported by a marked patrol car.

56 office. When? When they were taken down to the homicide When were they transported to the homicide office? nd if you need to look at your report, don't read from it, please just look up. I believe I requested roughly 0: to have them transported. Well, don't read from it. Refresh your 0 recollection and let me know. It was approximately 0:. ll right. nd how long were you on scene before 0:? little over an hour. So for a little over an hour you had no idea who was in that Durango, is that what you're saying? No. I knew -- patrol officers advised us that they had three individuals detained who had been in the Durango. Where did they advise you those three individuals were? they were. I don't recall specifically knowing where Is it possible that they were in the Gate Gas Station with all the other witnesses?

57 It's possible. nd had you pulled the extra video and audio you would have been able to see and hear what everybody said, is that true? MR. GUY: Judge, I'm going to object to that as calling for speculation. THE COURT: Sustained. BY MR. STROLL: Did you pull any other video other than what 0 the state put in evidence today? Not from the Gate Gas Station, no. nd do you even know -- again when was the last time you watched that video? couple weeks ago. nd tell the jury how long is that video that you took of the recording? it is. I don't recall the exact amount of time that Okay. nd what time was Leland interviewed? Leland was interviewed, I believe, approximately -- Don't read from your report. I'm not -- I'm not reading from my report. He was interviewed at :0. ll right. nd what time was Tevin Thompson

58 interviewed? :. What about Tommie Stornes? Tommie was interviewed prior to my arrival at 0 the office so it was earlier than those two. So you also -- THE COURT: Just one second, Mr. Strolla. MR. STROLL: Yes, Your Honor. I apologize. THE COURT: I'm sorry. MR. STROLL: Thank you, Your Honor. BY MR. STROLL: Do you recall when Tommie Stornes was interviewed? I'd have to refer to my report for the exact time. Please do. Detective Oliver interviewed him at 0:. P.m.? Correct. Can you tell the jury when Shawn tkins was interviewed? 0:. ll right. Can you tell the jury when you took a sworn statement and videotaped it with Ms. Wolfson of that same witness, Shawn tkins?

59 It was :0 in the morning. ll right. So you had Mr. tkins stay there from 0:00 something roughly all the way till :00 to take a sworn video statement, is that correct? sworn video was taken of him, yes. nd by sworn Ms. Wolfson made him take an oath like today to tell the truth? nd that was the only witness at the homicide 0 office that was recorded, isn't that true? That is true. nd isn't it true your standard operating procedures are you can still video record suspects or witnesses, you just have to get approval from a couple chains above you? I would have to have a reason why I would want to -- if there's some hypothetical, some reason I would need to do that. In my four-and-a-half years of homicide I've never recorded a witness. ll right. So because you've never done it before you weren't going to do it now, is that correct? There was no reason in our opinion to do it any different than we've always done it. ll right. nd isn't it true that the state can override your procedure at the Sheriff's Office and

60 tell you to video record, isn't that true? They probably can suggest it. I would then have to go to my chain of command. Well, right. If Ms. Wolfson that night said let's do it you did it, true? sworn statement is different than a regular recorded interview. Well, Mr. tkins you didn't do an interview. 0 You did a sworn statement of Mr. tkins, isn't that true? Detective Oliver and Ms. Wolfson did a sworn statement, yes. Right. nd Detective Oliver is your number one partner? You guys work in two teams. Even though there's four people on your team it's you and Detective Oliver, right? We are primary partnered up together. There are four. The other two are their own partners, too. Right. So again the answer to my question was, yes, Oliver is your main partner? Yes, sir. nd isn't it true that the state can override your procedures and record or take a sworn statement of

61 a witness because you did it with Mr. tkins that night? If the state requests to perform a sworn statement it is the state performing the sworn statement. That does not come into our policy. nd that's my point. If that's what Ms. Wolfson wanted to do that night you would have obliged her and given her that room to record it? 0 ll right. nd you didn't do that? I didn't do what? Nobody took a sworn statement of Tommie Stornes that night or a video of it? roughly? The state did not request one. ll right. Tevin Thompson? State did not request one. Leland Brunson? The state did not request one. It was only Shawn tkins? Yes, sir. nd he got interviewed at 0:0 that night Roughly. Now I know you had answered some questions about :00 something in the morning you got the warrant

62 signed, but that's not when you made the decision to seek an arrest warrant for Michael Dunn for murder, isn't that true? That's true. It was about two hours earlier, wasn't it? It was about :00 a.m. so about an hour-and-a-half earlier. nd at that point it was after you 0 interviewed Shawn tkins and put him on sworn statement, is that correct? That is correct. ll right. nd that was after you discussed it with Ms. Wolfson who was there with you? Correct. Now you indicated on your direct examination that Michael Dunn was about three miles away in his hotel, isn't that true? The hotel where he stayed is approximately three miles from the scene, yes. nd you can actually see it from the highway? When you go around the road you can actually see it from the road, isn't that true? From the road it's off of, yes. Right. nd again we're only talking a couple of minutes drive down the street?