1 0 you back in an hour. (Lunch recess.) THE COURT: ll right. We ready to resume, Ms. Corey? MS. COREY: May I just let my witnesses -- my victims' families know what's coming up just to give them fair warning? THE COURT: MS. COREY: Thank you. We're ready, Judge. THE COURT: ll right. Bring the jurors back in, please. (Jury in at :0 p.m..) THE COURT: ll right. Welcome back, everybody. We're ready to resume. You can resume your seats and state is ready to call their next witness. MS. COREY: Yes, Judge. The state calls Phillip Miranda. THE COURT: Phillip Miranda, please. Good afternoon, Mr. Miranda. If you'll come forward to the front, all the way up to the front and raise your right hand, please, and the clerk will administer the oath. PHILLIP MIRND, having been produced and first duly sworn as a witness
2 0 on behalf of the State, testified as follows: THE WITNESS: Yes, ma'am. THE COURT: ll right, sir, if you'll come right around here and have a seat for me. nd you can adjust that microphone as you need and be sure to speak directly into it and keep your voice up so we can all hear you, all right? THE WITNESS: Yes, sir. THE COURT: Thank you very much. Ms. Corey. DIRECT EXMINTION BY MS. COREY: State and spell your name for the record, sir. It's Phillip J. Miranda. What is your occupation? I'm a crime scene investigator with the Brevard County Sheriff's Office. How long have you been a crime scene investigator? pproximately two-and-a-half years. Okay. nd in that capacity can you go back and tell the jurors about your educational background prior to becoming a crime scene investigator? I have an ssociate's in Criminal Justice from Valencia Community College and a Bachelor's in
3 rts in Criminal Justice from the University of Central Florida. ll right. nd what was your specialty when you got your Bachelor's? My specialty was criminal justice but I also have a certificate in crime scene investigations. Okay. nd what did that involve, the study that you made of crime scene investigations? It just involved pretty much handling of 0 evidence and photographing, documenting scenes. I took a few classes on interviews, interrogations, anthropology, that sort. I'm sorry. I did not mean to talk over you. Finish your answer. officer? I'm finished. Okay. re you a sworn law enforcement No, I am not. Now does the Brevard County Sheriff's Office differ from the Jacksonville Sheriff's Office in that they use crime scene investigators, literally C.S.I.'s, to do crime scene work? re there any sworn officers who are a part of your C.S.I. unit?
4 Only my supervisor. nd do you work under his supervision? Yes, I do. Once you went to work for the Brevard County Sheriff's Office, did you acquire more on-the-job training as well as classes? I received a weeks training as part of being employed with the Sheriff's Office. How do you respond to scenes in general? How 0 are you contacted? Via telephone. I'm usually on-call and then if something happens and I'm requested they would give me a call to respond to the scene. So on a particular Saturday could you be home and then get a call to respond to a scene? nd have you had training in digital photography? program. program. That was part of the -week training nd how about packaging physical evidence? That was also part of the -week training Now if a crime occurred outside of your county would you rely on both your detectives and the
5 detectives from the other county to indicate to you what they would like to be done? Do you ever make that decision on your own as to what to process or not to process? t times I do but since it wasn't our investigation I did not make that decision. ll right. nd let me take your attention 0 back to Saturday, November th of. Did you become involved in an investigation that originated out of Jacksonville, Duval County, Florida? Were you called to a home in Brevard County? Yes, I was. nd as part of your job as a C.S.I. do you make notes in the normal course of your business? Yes, I do. nd do you then put those notes into an official police report that stays with Brevard County? nd did you all furnish those reports to the lead detective, Mark Musser, of the Jacksonville Sheriff's Office? Do the Brevard County reports bear their own
6 case number pursuant to Brevard County procedures? Yes, they do. nd when you take those notes and put those into an official report, do they accurately reflect the work that you did on a case? What do you do with your digital photographs? They are forwarded to our records unit over 0 in Brevard County, and they were also forwarded to the Jacksonville Sheriff's Office. Thank you, sir. nd then with regard to any physical evidence that you processed that day, would you have packaged that and put it into your own property room or did you turn it over to the Jacksonville Sheriff's Office? They were turned over to the Jacksonville Sheriff's Office. Now let me take your attention to that day. What time were you called? residence? t approximately :0 p.m.. nd what time did you arrive at this t approximately : p.m.. Where in Brevard County is the residence to which you responded?
7 It was at Ocean Residence Court in Satellite Beach, Florida. ocean? nd is Satellite Beach literally on the Okay. But it's part of your jurisdiction? Yes, it is. nd your agency covers the entire county of Brevard County? 0 Did you have anything to do with the actual takedown or arrest of Michael Dunn? No, I did not. Was that done outside of your presence? Yes, it was. nd then were you asked to take photographs of the vehicle that was in his garage at that location? Yes, I was. Okay. nd did you take photographs once you opened the garage door? Did you take those photographs after opening the garage door? I took them while the door was down and then after the garage door was up. I'll show you those photographs in just a moment, and then did you limit your investigation or
8 your part of the investigation to the garage itself, just outside of the garage and the vehicle that was in the garage? Did you ever have any need to go inside that residence at all? Just to make my way into the garage. Okay. Now I'm going to show you a series of 0 photographs, sir, that are in evidence so we'll start with state's in evidence. Tell the jurors what that is. That would be the outside of the residence. Okay. nd the address that's the inset portion of that to which of those garage doors does it pertain? To the left-hand side. nd did you understand that to be the residence of Mr. Dunn? Okay. nd you took this picture prior to going into the garage? nd you said -- well, then did you enter the house to come around and open the door? Yes, I did.
9 Okay. Let me show you state's exhibit in evidence. Explain that photograph to the jury. That would be a photograph of the vehicle once the garage door was open. Did you see any damage to the rear end of this vehicle, on Michael Dunn's vehicle? No, I did not. Okay. Let me show you, sir, state's exhibit 00 and explain that to the jury. 0 vehicle. That would be the front driver's side of the Did you see any damage to the front driver's side of Michael Dunn's vehicle? No, I did not. State's exhibit 0 in evidence, is that both a photo of the back of the vehicle and a close-up of the tag? Yes, it is. nd what was the tag number that you documented in that photograph? VMV. ll right, sir. MS. COREY: nd, Your Honor, at this time may I display the evidence that was put in earlier, the brown bag with that tag number on it?
10 THE COURT: Yes, ma'am. MS. COREY: So the jurors can see it while this photo is up? nd I'm referring to state's exhibit 0 in evidence. Thank you. BY MS. COREY: Detective, let me ask you then to look at the next photograph, number -- hold on. My eyes can't see that far. 0, and describe that to the jury, please. 0 vehicle. That would be the rear driver side of the ll right. Did you ever see any damage to this portion of Michael Dunn's vehicle? No, I did not. State's 0 in evidence? That is the interior side of the front driver's side door. Were all of the exterior photographs taken before you yourself opened that door? Okay. Now let me ask you this: Were you ever asked at all to process the outside of Mr. Dunn's vehicle? No, I was not. Were you ever asked to look for fingerprint evidence on the outside of his vehicle?
11 Nope. Were you asked to look for any stray evidence of a shooting on the outside of his vehicle? No, I was not. ll right. Did you limit your portion of this case to photographing and looking inside the vehicle? Yes, I did. Okay. Let me take you then to state's 0 exhibit 0. Describe that area to the jury. That is the front driver's side seat and floorboard. Okay. nd now when we were preparing for trial on state's exhibit 0 -- oh, it's in the wrong spot. 0 is the original photo I showed you last night, and what did we notice? We noticed that the square was in the wrong spot. The little square? Yeah, the little square. ll right. But the picture itself is accurate, is that correct? Correct. nd the big square is accurate. It's just turned slightly?
12 Correct. Okay. So now let me go to 0-R which is just the revised red boxes. Can you explain to the jury where -- what you found in that location in Mr. Dunn's driver's floorboard area? 0 square? I located a cartridge casing. Okay. nd is it hard to see in that little Yes, it is. Okay. So does the inset photo in state's 0-R accurately reflect that shell casing? Yes, it does. nd did it run along the bottom portion of the mat as opposed to the side portion? So 0-R is the accuracy with regard to the red boxes but the picture is the same, is that correct? That is correct. Thank you, sir. nd then did you take a close-up of the shell casing itself? Yes, I did. nd is the purpose of 0 and 0-R to show the casing in relation to the seat? Yes, it is. Okay. Now the close-up, of course, 0, can
13 you tell the jurors what the object to the left -- first circle the shell casing. left is. (Marks photograph.) Okay. Now tell them what the object to the That would be the floor mat of the driver's side floorboard. nd what's the object to the right of the shell casing? 0 That is a portion of the drive's side seat. nd did you remove that shell casing and preserve it for evidence? Yes, I did. Okay. Let me take you to state -- would you erase? Thank you so much. State's 0, what portion of the vehicle is this? vehicle. That is the rear passenger side of the Did you see any damage to the rear passenger side of the vehicle? No, I did not. State's exhibit 0, can you tell the jurors why you took a photograph through the right passenger window? I took that photograph because that is what I
14 saw once I focused my attention to the driver's side or the passenger side of the vehicle. Was that glove box open when you got there? Yes, it was. nd is that photograph through the closed window of the right passenger door? Let me take you then to state's 0 and explain your orientation on this photograph. 0 That is the firearm that I noticed inside the glove box, and I was outside the vehicle again with the window closed. Okay. Why would -- why would you take the photos from outside the vehicle? To show that that is what I first saw when I approached that side of the car. Had anyone in your presence opened this right passenger's door prior to you taking these photos? To my knowledge, no. Okay. nd then did you open the door? Yes, I did. Let me show you state's 0 in evidence and ask you to explain that photograph to the jury. That is the front passenger seat floorboard and the open glove box with the firearm inside the
15 glove box. Did you touch any of the items in the glove box prior to taking this photograph? No, I did not. State's in evidence? That is a photograph of the firearm inside the glove box. nd what type of firearm is that, sir? It was a Taurus -- Taurus handgun, 0 nine-millimeter. Is that considered a semiautomatic weapon? Yes, ma'am. Okay. nd let me take you then to state's exhibit, and can you explain that composite exhibit to the jury? When I removed the firearm from the glove box I placed it in an evidence gun box and I took a photograph of both sides of the firearm while it was in the holster. nd for further explanation the sort of grayish background with the small dots, explain to the jury what that is. That is the gun box that I sealed the gun in. ll right. nd that would be a front and back photograph in number?
16 Yes, ma'am. ll right. Let me show you state's exhibit and ask you to explain that composite photograph to the jury. That's a photograph of the firearm once I removed the holster, and it was also inside of the gun box. nd at this time had you done anything with the magazine? 0 No, ma'am. State's in evidence, can you explain that photograph to the jury? handgun. Those are the identifying marks on the nd what are those identifying marks? It's a Taurus PT- F nine-millimeter Pilot and the serial number right below that. nd can you read off that serial number? THB0. nd at this point had you removed the magazine from that gun? No, ma'am. State's in evidence, can you explain that composite photograph for the jury? That would be a photograph with the magazine
17 removed from the gun. nd is that both the front and back view of that magazine? Yes, ma'am. State's, that photograph? Those are the five cartridges removed from the magazine. Were those the only live rounds that you removed from that magazine? 0 Yes, ma'am. nd at this point did you do any further searching of the glove box? No, ma'am. To look for any more ammunition? No, ma'am. Were you aware that this vehicle was going to be turned over to the Jacksonville Sheriff's Office? Yes, I was. State's in evidence, can you explain that photograph to the jury? That is the head stamp of one of the cartridges removed from the magazine. nd explain to the jury what you mean by a head stamp. The head stamp identifies the manufacturer
18 and the caliber of the bullet or the cartridge. nd can you read the head stamp to the jury that's displayed in the photograph? It's wood nine-millimeter Luger. With regard to state's exhibit, explain that photograph composite to the jury. That's a photograph of the firearm with a measuring device on the bottom of the photograph and the slide locked back. 0 Okay. Explain to the jury what you mean by having the slide locked back. The top portion of the firearm was locked in the back position just to show that it was safe and was not loaded. Okay. nd did you have any problem with the mechanism on the slide? No, I did not. In that position? nd with regard to state's exhibit, explain that exhibit to the jury. holster. That is the front and back photograph of the State's exhibit? Those are the five cartridges removed from the magazine with the measuring device. What type of measuring device is that?
19 It's just a scale that we use. nd in what format is it, inches, metric? Centimeters. Centimeters. Thank you, sir. nd with regard to state's exhibit in evidence, can you explain that composite exhibit to the jury? That would be the hollow point projectile of each cartridge and the head stamps of each cartridge. State's? 0 That is the cartridge casing I located on the driver's side floorboard. From your purpose of searching the inside of the vehicle, is this the only shell casing that you found? Yes, it was. nd for your purposes of looking at the inside of the vehicle and just the gun that you found, is that -- were those live rounds the only ones you found, the ones that were inside of the magazine? Yes, they were. Were you asked to do any more thorough of a search than that? No, ma'am. When you removed those items -- and let me show you state's -- I'll be showing you another exhibit
20 in just a moment. Did you package them yourself? Yes, I did. Did you put your initial on those packages? Yes, I did. What time do you think you left the scene, the residence? It was at approximately :0 p.m.. Did you keep those items in your custody when going down to the Brevard County Sheriff's Office? 0 Yes, they were. nd did you document what you had actually packaged and were going to be turning over to the Jacksonville Sheriff's Office? Okay. How did you document that? I documented it on a Brevard County Sheriff's Office property receipt. nd does your receipt reflect that all of the items you've just testified to in front of this jury were put into evidence and then turned over to the Jacksonville Sheriff's Office? Did your department also turn the entire vehicle over to the Jacksonville Sheriff's Office?
21 Were you asked to drive that vehicle back to Jacksonville? No, I was not. To your knowledge how was that vehicle going to be transported from Satellite Beach to Jacksonville, Florida? It was to be towed. MS. COREY: Your Honor, at this time I'd like 0 to offer the items that were depicted into evidence, and I've shown Officer Rupert the -- it's a composite exhibit. It's state's and it is locked and also there is a strap through the gun and he's checked that for me. He actually took the gun out and checked it. THE COURT: ll right. So you need him to help you display it? MS. COREY: I would love that, yes. THE COURT: ll right. Officer Rupert, if you will do that and we'll publish those items to the jury. MS. COREY: Mr. Strolla, you've seen this, right? MR. STROLL: I have seen it. MS. COREY: Judge, Mr. Strolla has seen this exact exhibit before.
22 THE COURT: ll right. BY MS. COREY: So this is state's. MS. COREY: May Mr. Miranda step down, Your Honor? THE COURT: Yes, ma'am. BY MS. COREY: ll right. Mr. Miranda, I'm going to ask you 0 -- I'm going to pull this box out and I'm going to ask you to show these items. MS. COREY: May we put it up, Your Honor? THE COURT: Yes, ma'am. MS. COREY: nd I'll ask Officer Rupert to stand by. BY MS. COREY: Let me ask you to start with the holster. Is that the holster that you just showed the jury? Yes, it is. nd does that holster have a strap on it? It has a clip on the back. Just a clip. nd what is the purpose of the clip? To clip is to put something on your belt or some portion on your person. Is there anything about that holster that
23 would impede a person from pulling the gun straight out? No, ma'am. nd the next exhibit is the shell casing. Is that the shell casing you found on the floorboard? Yes, ma'am. Did you attempt to do any processing or preserving of that other than packaging it and turning it over to the Jacksonville Sheriff's Office? 0 No, ma'am. Okay. nd this next item, please? That would be the five cartridge casings located in the magazine. ll right. nd then let me ask you to take the magazine out. It's on a little dowel. I'll tell you what, we'll leave it in there. You explain this to the jury then. That would be the magazine that was located in the magazine well of the firearm. Now in the photograph that showed bullets coming out of the top, can you explain why it would show a bullet up at the top? Because the magazine is loaded with the cartridges and every time the trigger is pulled on the firearm a shot is fired and a cartridge would be
24 automatically loaded into the chamber of the firearm. action? Is it fair to say that's done by a spring Yes, ma'am. ll right. MS. COREY: nd then, Officer Rupert, if you'd pull the gun out for me, please. Thank you. BY MS. COREY: nd, sir, is this the Taurus nine-millimeter 0 that you removed from Michael Dunn's glove box? Can I hold it? Please. Yes, ma'am, it is. I need you to speak up so our court reporter can hear you. Yes, it is. nd does it bear the same serial number and description that you testified to earlier? Yes, it does. MS. COREY: Your Honor, may I display? THE COURT: Yes, ma'am. MS. COREY: nd, Judge, I'm going to turn it around and walk it back if that's all right with the Court? THE COURT: Yes, ma'am.
25 0 MS. COREY: To see both sides. Thank you. Would you, please? THE COURT: Once again, ladies and gentlemen, this will be an exhibit that you'll also have an opportunity to review later. It will be put back in the box and locked obviously but you will be able to view it from whatever side you want to. MS. COREY: May I ask just a question? Do you need this left out? MR. STROLL: I don't need it out. You can slide it in. I don't need it out. MS. COREY: Thank you. May I have just a second, Your Honor? THE COURT: Yes, ma'am. MS. COREY: Okay. It's locked. BY MS. COREY: Mr. Miranda, did you have any further involvement in this case? No, I did not. MS. COREY: Thank you so much. Thank you, Your Honor. THE COURT: Mr. Strolla, cross. MR. STROLL: May it please the Court, Judge? THE COURT: Yes, sir. CROSS EXMINTION
26 BY MR. STROLL: Technician Miranda, how are you doing today? Good. How are you? Good. You testified with Ms. Corey that you graduated University of Central Florida in 0, correct? Correct. nd it's not a specialty. You graduated with a major of Criminology? 0 Criminal Justice. Criminal Justice. Kind of synonymous terms? Sure. Okay. nd then you got a certificate of crime scene, correct? Correct. But you weren't hired with Brevard County in 0, isn't that true? No. I was not. You didn't get hired until? That's correct. nd you worked for Disney World for two years before you got hired for Brevard County, correct? That's correct. nd you basically did food inventory in the park, right?
27 That's correct. nd as of the time that this occurred I believe it was November th,, is that correct? Correct. How many homicides have you helped process or investigate as a technician for Brevard County Sheriff's Office? I would say between five and ten. nd out of those five and ten you were lead 0 on only about one, true? That's correct. Okay. Now we see that you processed it and you took some evidence. n agent, a homicide agent, actually helped you process the vehicle, correct? That's correct. nd that was gent, I believe, Simock? That's correct. For the record S-I-M-O-C-K. nd at that point gent Simock was pointing out evidence to you, correct? Correct. nd you were photographing it? nd part of what you photographed is what we have here?
28 Now as you explained with Ms. Corey you said that you never took the magazine out when you took the photographs, is that correct? Correct. Well, when did that magazine come out? It came out after I photographed the -- both sides of the gun, the firearm. ll right. Let me ask you this: Is it not 0 standard operating procedure to make sure a weapon is free and safe and clear of a bullet in the chamber before you pull it out of a holster? Yes, it is. Tell the jury isn't it true gent Simock actually made sure it was safe and clear before you pulled it out of the holster? He actually took the magazine out of the gun, isn't that true? That is correct. nd when he took the magazine out of the gun all of those five bullets were in the magazine, is that correct? The way I remember it, yes. nd that's what you put in your report?
29 That's correct. ll right. So explain to the jury if you eject that little button there and it ejects the magazine out the bottom and there's five rounds in the magazine, you only found five rounds total, correct? 0 Correct. That means nothing was in the chamber? That's what that would mean, yes. That means the gun's not ready to fire? Correct. ll right. You'd have to then cock it to then make a live round enter that chamber, is that correct? That's correct. So at that point when you found it the very next day there was not a live round chambered in what we call one in the hole? You familiar with that term? Yes, sir. ll right. nd there was nothing in the hole or nothing chambered? The way I remember it, that's correct. nd that would mean the gun was made safe for somebody to handle it prior to you getting there? Correct. nd when you got there the glove box was
30 open, is that correct? That's right. ll right. nd when you got there you said the garage was down? Correct. Do you know when the garage came down? No, I do not. It was closed when I arrived. ll right. Do you know if the garage was open before you got there? 0 the Jetta? I do not know. nd nobody told you that? Nobody told me. You're just going on based on what you saw? Correct. nd what you were told? Now who told you only to do the interior of That would have been the homicide agents. You talking about from Brevard County or Jacksonville? little of both. Mostly would have been Jacksonville. It was their investigation? Correct.
31 back yard? They were kind of the big dogs, it's their Right. Even though it's on your turf it's their investigation? Right. nd they told you process just the interior of the Jetta, correct? Just to search the interior of Jetta and to 0 recover the firearm and casings inside. nd you did that? Yes, sir. nd you took everything what you believed out of the Jetta, correct? Can you tell the jury what other agents in your office found a couple days later? MS. COREY: Objection, Your Honor. MR. STROLL: I'm waiting for grounds, Your Honor. THE COURT: Me, too. MS. COREY: The grounds would be it's outside of the scope of this witness' knowledge. It would be speculation. THE COURT: Sustained.
32 BY MR. STROLL: re you aware -- THE COURT: It's also hearsay. MR. STROLL: Well, it's not hearsay, Judge. BY MR. STROLL: Do you have personal knowledge if other evidence was found in that car after you searched it? 0 nd what was found in that car? THE COURT: Well, hang on. Ms. Corey's on her feet. Let's see what we're -- where we're going. MS. COREY: nd again, objection. He earlier indicated by his agency. Maybe he needs to -- maybe a specific date. I tell you what, Judge, let me withdraw my objection. It's all coming out anyway but let me withdraw it. THE COURT: Then go right ahead. MR. STROLL: Thank you, Your Honor. BY MR. STROLL: Let me rephrase the question and repeat it. Isn't it true that after you searched the vehicle and found this evidence -- Right. -- your agency found an -- or -round clip, I believe, in the same vehicle you processed?
33 That's correct. nd they found it in the same glove box where you found all of this evidence? That's correct. nd that was after you processed it with another homicide agent? fter I searched, yes. nd -- well, did you search or did you process it? It's kind of the same thing. 0 Okay. I don't want to put words in your mouth. Would you agree? evidence? it? glove box? Yes, sir. ll right. You were there to process the I was there to search for evidence. nd whatever evidence you found you processed I packaged it, yes. Okay. I didn't necessarily process it. nd you missed another clip in that same nd that was found days later?
34 Not exactly the timeframe -- not sure of the timeframe that it was found but I do know it was found. nd did you secure that vehicle once you left? When I left the vehicle was in the garage, placed back in the garage. So you didn't put any tape around it, you didn't tell anybody not to drive it, the police didn't say we want it, nothing like that? 0 I didn't put tape. I was just told we were done here and then -- nd who told you you were done there? Pretty much the JSO agents. nd those are the Jacksonville homicide detectives? Yes, sir. Did they ever tell you to process the outside of the vehicle? They never asked me to, no. re you aware if any evidence was found on the outside of that vehicle? I do know that there was evidence found on the outside. nd those were casings that somebody found on the same vehicle that you guys walked around that day?
35 Correct. But nobody found it because nobody was told to look there? Correct. MR. STROLL: Nothing further, Judge. THE COURT: Ms. Corey. MS. COREY: Just to clarify. REDIRECT EXMINTION BY MS. COREY: 0 Do you know whether or not the further evidence that was found was processed or found by your department or by our Jacksonville Sheriff's Office? That I do not know. It's just when I was told that it was found I must have misunderstood the information given to me that it was found. I must have interpreted that that person that told me found it. ll right, sir. But you did what you were asked to do on that day by your detectives to whom you answer, is that correct? That's correct. MS. COREY: Thank you. No further questions, Your Honor. THE COURT: May he be excused? MS. COREY: I need to know, yes, sir, because he's an out of town witness.
36 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.