Discussion in 'Witness Testimonies and Closing Arguments' started by beach, May 27, 2011.
copying summary posts here
district manager with Amscot
LDB: what type of business
LDB: one location?
LDB: in july 2008 were you at a specific location?
goldenrod and colonial?
LDB: would you recognize?
LDB: may I have H(number) Can you see a foto in front of you? what do you recognize it as?
the location where I used to work
LDB: the amscot on colonial and goldenrod. Enter into evidence.
HHJP: received into evidence.
LDB: may it be published to jury while witness testifies?
HHJP: it may be published.
LDB: there are other businesses around it?
popa jonhs and a quiznos...
LDB: any other businesses in that small area?
LDB: another photo, can you see that on your monitor?
LDB: what do you recognize?
part of the parking lot of the branch
LDB: is that a true and accurate representation of the parking lot?
LDB: photo, may I publish?
HHJP: you may
LDB: what are we looking at?
parking lot at amscot
LDB: what is, what's back here behind the amscot?
a sams club
LDB: and this item I have circled in pink
LDB: does your business use that dumpster?
LDB: pappa johns use it?
LDB: may I have photo H...can you see HM? what is it?
more parking spaces
LDB: is this part of the front of amscot
it is actually to the side.
LDB: is this a closer view of that dumpster as well as that parking lot?
LDB: I seek to introduce HM into evidence.
HHJP: it is received into evidence you may publish.
LDB: june 27th 2008. Were you working that day at that location?
LDB work hours that day.
seven at am to ?
LDB: did you notice a white pontiac sunfire?
LDB: where was it?
parked right next to the dumpster
LDB: I believe you have access and put an x or arrow marking the direction the car was facing the dumpster. what is it you have tried to illustrate for us?
LDB: straight in?
LDB: see anyone at or near the car?
LDB: when it was parked there?
LDB: did you go up to the car for any purpose?
LDB: did you do anything on that date other than take notice?
LDB: was it there when you left?
LDB: the next day you worked?
yes, Saturday at seven
LDB: it was there no one got out of it or was near it?
yes it was there no to the others.
I walked around it
LDB: did you touch it?
no. I walked to get the tag number because it was abandoned and to see if it had damage.
LDB: look inside?
yes, I don't remember much. it was messy there was a blanket inside.
LDB: more specific description of blanket?
LDB: did you try the door handles?
LDB: when you wrote the tag number did you use the info?
I called Olando LE non emergancy.
LDB: is that proceedure?
yes, we call before we tow to make sure it was not stolen. it was not reported.
LDB: once you get that info do your policys tell you next step.
yes, my superior said wait one more day before towning
LDB: local contract with towing co?
LDB: based on instructions you did not call for tow?
LDB: did you do it 29th?
I was off
LDB: back on Monday 30th you work?
LDB: was it still there?
yes I called the tow co
LDB: did it appear to have moved?
LDB: on any of those days did anyone get out of the car, were they near the car?
LDB: when you called johnsons did they arrive?
LDB: did you go out there?
LDB: did you see them take it away?
LDB: did you go up to the car except for that first day?
LDB: you took the tag number what there an odor?
LDB: any odor from that area?
yes, it was parked next to dumpster, normal smell for that area.
LDB: are you saying that in that area there is a smell?
yes there is
LDB: Does amscot have survailence cameras? were they working on july ? where can you get that info?
LDB: did you have to sing paper work for the tow?
LDB: did anyone come into the branch while you were inquireing about the car?
JB: I want to ask you about the cameras that are there. Can we publish this to the jury. Now the cameras that are there, they are on several areas and they are on each corner?
I am not sure where.
JB: you see a silver car? isn't there a camera on the other side of the corner?
i don't know
JB: as far as you know there are mulitiple cameras?
JB: there is cash?
JB: cameras inside and outside?
JB: they are visible to the public?
JB: they are a deterant?
JB: anyone can see them?
if they look, I guess
JB: next to you is sam's club and then a gas station, and after that another gas station?
JB: so if someone runs out of gas they don't need a car to get there?
JB: when you walked up to the car you smelled trash correct?
JB: nothing further
LDB: talking about the trash are you talking about in the dumpster?
yes, dumpster yes.
JB: you smelled no distinct difference?
the smell from the dumpster.
Katheryn Sanchez , Dist. Mgr or Amscot for 5 yrs . .. 2008 worked @ Amscot Goldenrod & Colonial . . .publish photos of Amscot . . . (I missed some testimony . . assume they are showing photos of Amscot) worked 7 am - 7 pm noticed white pontiac sunfire parked next to the dumpster . . .(I missed the date) . . . noting car parked backed in parked straight not askew . . .didn't see when veh. was parked there . . .didn't see anyone around . . . took notice of it's presence. . . returned to work next day 7/28 on Sat. worked 7-2 . . veh. was still there . . went up to veh. that date . . wrote down the tag number and walked around veh. . . didn't touch it . . .to report it as abandoned veh . . .looking for any notes someone might have left to indicate they were coming back . . .no sign of that . . .looked in veh. . . I don't much . . .blanket in backseat a little messy inside . . . no specific description of what blanket looked like. . .didn't try door handles . . called Orlando Police non- emergency abandon vehicle . . .we call before we tow to make sure it was not reported stolen . . not reported . . .notified compliance officer . . .wait one more day before tow car . . . Amscot has contract with local tow company . . Johnson's . . .didn't call for the tow on Sat or Sunday (6/29 she was off) . . returned on Mon 6/30 veh. was still there . . .called tow co. Johnsons. . . .appeared over course of 3 days 27th - 29th car had not moved . . .not see anyone get out of car nor near car . . . Johnson's arrived . . . she didn't assist the tow . . .observed them tow the veh . . . she didn't go up to the car on that day. . . June 28th took tag number look inside . . .didn't notice car smell . . .next to dumpster . . normal smell in that area . . .if you are in that parking spot there is a smell in that vacinity . . .Amscot has survelliance cameras . . don't know if they were working but not info @ branch level . . corporate office has that info . . signed paper for Johnson wrecker . .no one came in to inquire about veh. while she was there. . .
Cross . . .
JB: . .ask about the cameras . . .(someone talking in background) can we publish to jury already admitted (sorry) cameras are there several areas and several cameras . . on each corner . . see camera on corner building . . she doesn't know if another camera on the other side of building . . . location could have significant amount of cash at times . . cameras inside & out . . .cameras visual to public (safety & deterrant for problems) . . .next door is Sam's club. . .gas station right there . . .after this gas station there is another gas station . . .if they run out of gas . . easy to go next door within walking distance . . .on 28th smelled trash . . .there is food and everything . . .
LBD . . in the dumpster food . . . (yes)
JB just smelled trash
Sanchez . . .just regular smell from dumpster . .