IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CRIMINAL JUSTICE DIVISION CASE NUMBER: 2014-CF A-O

Transcription

1 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT IN THE CIRCUIT COURT OF THE NINTH JUDICIL CIRCUIT, IN ND FOR ORNGE COUNTY, FLORID CRIMINL JUSTICE DIVISION STTE OF FLORID, Plaintiff, vs. CLVIN DWIGHT PRYOR, Defendant./ CSE NUMBER: -CF-00--O DIVISION NUMBER: VOLUME I of IV PRETRIL MTTERS BEFORE THE HONORBLE ROBERT J. EGN In the Orange County Courthouse Courtroom D Orlando, Florida 0 January, riel Saldana, CER P P E R N C E S: MICHELLE LTHM ssistant State ttorney North Orange venue Building B Orlando, Florida 0 On behalf of the State MICHEL J. STEWRT ssistant Public Defender North Orange venue Suite 00 Orlando, Florida 0 On behalf of the Defendant

2 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT P R O C E E D I N G S (The following proceedings commenced on Tuesday, January,, at : a.m.) THE COURT: Okay. Ready. THE CLERK: State of Florida versus Calvin Pryor, Case Number -CF-00. MR. STEWRT: Michael Stewart on behalf of Mr. Pryor, Your Honor. He's present in the box. THE COURT: Okay. nd, Mr. Stewart, are we ready for trial? MR. STEWRT: t this time, yes, Your Honor. THE COURT: Okay. Is the State ready? MS. LTHM: Judge, we -- we are ready. To be candid, I have not been able to contact my victim. I've had an investigator go out there. His number to his business is disconnected. They were cooperative in the past, so -- THE COURT: This -- has the -- MS. LTHM: I mean, I obviously can't ask for a continuance because of the demand, but -- THE COURT: Has the victim been served with -- as far as you know, with a subpoena to be it -- here, or was -- you were expecting him to -- him -- MS. LTHM: Him. They were --

3 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT THE COURT: -- him to be here voluntarily or have -- MS. LTHM: No. They were served subpoenas. I'm not -- I mean, I'm not sure if the service went through, but they are cooperative. They've been here several times. It's just a matter of getting to them. But I have an investigator on it. So -- THE COURT: Okay. MS. LTHM: -- so we're ready. THE COURT: Okay. MS. LTHM: I just -- THE COURT: nd what is the -- and you're Mr. Calvin Pryor; is that right? THE DEFENDNT: Yes, sir. THE COURT: Mr. Pryor, we're going to put you under oath. I might have just a couple of questions for you. Okay? THE CLERK: Let me have you raise your right hand. (The defendant was duly sworn.) THE COURT: Okay. nd, Ms. Latham, is -- does the State have an offer at this time on this case? MS. LTHM: No, Judge. We previously made a ten-year offer without the min-man, and then we went down to the -- we spoke about meeting halfway in the

4 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT middle. THE COURT: That's right. MS. LTHM: nd I did go ahead and make that offer of seven and a half years, and that was rejected. THE COURT: Okay. MS. LTHM: nd that was no min-man as well. THE COURT: So I know we had talked about that a little bit though. So, Mr. Pryor -- and that's been revoked? MS. LTHM: (No verbal response.) (Pause in proceedings.) (The Court activated the mute button briefly, after which the proceedings were as follows:) Okay. nd Ms. Latham, that offer is revoked? Whatever it was is revoked, or is there anything on the table right now? MS. LTHM: It -- it was relayed again and it was rejected once again. THE COURT: Okay. Mr. Pryor, you do understand that -- I believe at one time there was an offer of about seven -- or seven and a half years on this case. Do you understand that offer was made to you? THE DEFENDNT: Yes, sir. THE COURT: nd you don't have any -- do you have

5 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT any interest in considering that offer? THE DEFENDNT: No, sir. THE COURT: Okay. You want to go to trial today? THE DEFENDNT: Yeah. THE COURT: Okay. Because we're bringing a jury panel up right now and we're going to begin your trial. Okay? Ms. Latham, anything from the State that we need to address before we get this panel up here -- MS. LTHM: No, Judge. THE COURT: -- pretrial motions; anything? Mr. Stewart, how about you? MR. STEWRT: There's not going to be any testimony the firearm was stolen, was [sic] there? MS. LTHM: No. MR. STEWRT: ll right. MS. LTHM: None. MR. STEWRT: So then -- MS. LTHM: No. MR. STEWRT: -- no. Other than that -- in terms of -- that would be the only thing at this point. THE COURT: Okay. MR. STEWRT: So, no, at this point, there's no pretrial motions -- THE COURT: Okay.

6 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT MR. STEWRT: -- Your Honor. THE COURT: Okay. Well, if you -- MS. LTHM: Well, we'll have pretrial motions when Defense begins their case down the line. THE COURT: Okay. Well -- MS. LTHM: Uh-huh. THE COURT: -- you know, if -- if -- after the State rests, if there's any motions, we can deal -- MS. LTHM: Uh-huh. THE COURT: -- with those at that time. Mr. Pryor -- if you want to get him over to counsel table, we'll get the jury panel up here, please. We're calling up members for the venire, and they ought to be up here, hopefully, in about ten to minutes. Okay. (These proceedings are continued in Volume II.)

7 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT C E R T I F I C T E I, riel Saldana, being a Digital Court Reporter of the as authorized by Rule.(h)(), Florida Rules of Judicial dministration, and the dministrative Order of the numbered 0--, certify that the foregoing transcription is true and correct. WITNESS my hand this th day of March,, in the City of Orlando, County of Orange, State of Florida. RIEL SLDN, CER

8 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT STTE OF FLORID, Plaintiff, vs. CLVIN DWIGHT PRYOR, Defendant./ IN THE CIRCUIT COURT OF THE NINTH JUDICIL CIRCUIT, IN ND FOR ORNGE COUNTY, FLORID CRIMINL JUSTICE DIVISION CSE NO.: --CF-00-O DIVISION NO.: VOLUME II of IV JURY TRIL PROCEEDINGS BEFORE THE HONORBLE ROBERT J. EGN In the Orange County Courthouse Courtroom -D Orlando, Florida 0 January, Sharmain. Rivers, RPR P P E R N C E S: MICHELLE LTHM, ESUIRE DRICK CRUMBLY, ESUIRE Office of the State ttorney North Orange venue Building B Orlando, Florida 0 On behalf of the State MICHEL J. STEWRT, ESUIRE PEDRO. DERUJO, ESUIRE Office of the Public Defender North Orange venue Suite 00 Orlando, Florida 0 On behalf of the Defendant

9 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT I N D E X JURY SELECTION PROCESS JURY SWORN STTE'S OPENING STTEMENT 0 DEFENSE'S CLOSING RGUMENT TESTIMONY OF NGEL CRBLLO Direct Examination By Ms. Latham Cross-Examination By Mr. Stewart Redirect Examination By Ms. Latham TESTIMONY OF MIGUEL CRBLLO Direct Examination By Ms. Latham Cross-Examination By Mr. Stewart TESTIMONY OF JOSE BENITEZ Direct Examination By Ms. Latham Cross-Examination By Mr. Stewart Redirect Examination By Ms. Latham CERTIFICTE OF REPORTER

10 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT P R O C E E D I N G S (January,, at : a.m.) COURT DEPUTY: We got them lined up, but I got one in the men's room. His nose started bleeding, so he's just getting a napkin. THE COURT: Okay. s soon as he's ready, you can get them in. Does he need any medical attention, as far as you can tell? COURT DEPUTY: I didn't have a chance to ask. He just said, "Hey, I need to use the bathroom, my nose is bleeding." Unless you want to bring the rest of them in? THE COURT: I want you to go check on him and see if he's doing okay, and let us know if he's going to be able to come in. (Court was at ease.) COURT DEPUTY: Yeah, he's fine. THE COURT: Yes, sir. (The venire enters the courtroom.) (The voir dire proceedings took place, not transcribed herein.) THE COURT: Mr. Stewart, let me know when you're ready.

11 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT MR. STEWRT: Ready, Your Honor. I'm sorry. One second. THE COURT: Sure. MR. STEWRT: Ready, Your Honor. THE COURT: Okay. Why don't we talk about some cause challenges first? Does the State have any challenges for cause -- go back on the record. I'm sorry. State have any challenges? MS. LTHM: Well, the ones that we initially spoke about. THE COURT: We talked about Seat, Ms. Zagra. That's more of a hardship issue. ny objection from the State? MS. LTHM: No objection. THE COURT: How about you, Mr. Stewart? Seat? MR. STEWRT: No objection. THE COURT: So we can strike her for hardship. We also talked a little bit about Seat, I believe, Ms. Burns, based on a financial hardship. ny problem with letting her go, Ms. Latham? MS. LTHM: No objection. THE COURT: Mr. Stewart? MR. STEWRT: No objection. THE COURT: Okay. Mr. Stewart, how about Seat

12 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT, Mr. Kontos -- MR. STEWRT: No objection. THE COURT: -- I don't think wants to be here. Ms. Latham, any problem with that? MS. LTHM: No objection. THE COURT: nd maybe I think the last one we talked about, Ms. Latham, was Seat, Terri Williams. MS. LTHM: No objection on that. THE COURT: Mr. Stewart? MR. STEWRT: No objection. THE COURT: Okay. Okay. Ms. Latham, any cause challenges? MS. LTHM: Seat No., that was the one that's the pastry chef. She didn't want to be here. nd she said she would be distracted. MR. STEWRT: We have no objection to that, Your Honor. THE COURT: She said she would -- I think she gave a truthful answer, "I would be distracted, but I wouldn't be -- " but she would be able to pay attention. If you guys both agree, I'm happy to let her go. But I don't think what she said was alarming. But if there's an agreement -- MR. STEWRT: I have no objection. THE COURT: -- then we will let Ms. Walsh go.

13 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT Ms. Latham, anybody else? MS. LTHM: In row two, Seat No.. She's the -- THE COURT: Ms. Stefanovic. MS. LTHM: She has two boys. Both of them have weapons charges, would be an issue. She said it would be difficult for her to be fair. MR. STEWRT: I remember "very difficult," so I don't object. THE COURT: Okay. We can let her go for cause. THE CLERK: That was? THE COURT: Yes, ma'am,. ny others from the State? MS. LTHM: To be fair, Seat No.. THE COURT: Ms. Ngo. Mr. Stewart, any objection? MR. STEWRT: No objection. THE COURT: Okay. Ms. Ngo will be stricken for cause. MS. LTHM: I think that's all I have. That's all I have for cause. THE COURT: Mr. Stewart, how about you? MR. STEWRT: The only cause I have is juror in Seat No., Joseph. Your Honor, I think when you were questioning her, she gave some responses about needing

14 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT to hear from both sides. She didn't say the word "not comfortable," but didn't seem like she was comfortable with the State having the burden of proof and only basing her decision with what the State presented and the evidence they have. So that gave me some cause for concern in her case -- in her situation. THE COURT: ny response from the State? MS. LTHM: I wrote that down, as well. She was -- had a hard time, one-sided. So I agree. THE COURT: Okay. We can strike Ms. Joseph. nyone else, Mr. Stewart? MR. STEWRT: I think that's all we have for cause. THE COURT: Okay. MR. STEWRT: For cause, Your Honor, that's our causes. THE COURT: Okay. That is your causes. Okay. Then we -- you guys have both done this. We are gonna alternate back and forth going down the line remaining jurors to see if they're acceptable. You're welcome to backstrike at any time you want before we have a final agreement. Juror No., Mr. Rafanan, Ms. Latham? MS. LTHM: cceptable. THE COURT: Mr. Stewart?

15 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT MR. STEWRT: cceptable. THE COURT: Mr. Stewart, how about Juror No., Mr. dmonius? MR. STEWRT: cceptable. THE COURT: Ms. Latham? MS. LTHM: cceptable. THE COURT: Okay. Ms. Latham, Seat, Ms. Vaughn? MS. LTHM: cceptable. THE COURT: Mr. Stewart? MR. STEWRT: cceptable. THE COURT: Mr. Stewart, Seat, I believe, Ms. Hughes? MR. STEWRT: cceptable. THE COURT: nd Ms. Latham? MS. LTHM: cceptable. THE COURT: Ms. Latham, that gets us to Seat, Mr. Piggrem? MR. STEWRT: cceptable. THE COURT: Thank you. Ms. Latham? MS. LTHM: Strike. THE COURT: Okay. Mr. Stewart, Seat, Ms. Mcabee? MR. STEWRT: cceptable.

16 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT THE COURT: Ms. Latham? MS. LTHM: cceptable. THE COURT: Okay. Ms. Latham, how about -- oh, one, two, three, four. How about Seat, Mr. Rodriguez? MS. LTHM: cceptable. THE COURT: Mr. Stewart? MR. STEWRT: cceptable. THE COURT: Okay. That gets us to six, I believe, if you want to take a look at that. Seat, Seat, juror in Seat, Seat, and Seat, and Seat. re they okay with the State? MS. LTHM: Yes, Judge. THE COURT: Mr. Stewart? MR. STEWRT: We would strike the juror in Seat, Your Honor, Mcabee. THE COURT: Seat, Mcabee. Okay. Ms. Latham, how about Seat, Linda Marshall? MS. LTHM: cceptable. THE COURT: Mr. Stewart? MR. STEWRT: cceptable, Your Honor. THE COURT: Mr. Stewart, we will stay with you, then. We've struck Seat, Mcabee. nd now we've

17 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT added Linda Marshall. re those six acceptable to the defense? MR. STEWRT: Your Honor, we're gonna exercise a peremptory on the juror in Seat. THE COURT: Stacey Vaughn. Okay. Then that would bring on, Mr. Stewart, Ms. Elaine Hernandez. MR. STEWRT: cceptable, Your Honor. THE COURT: Ms. Latham? MS. LTHM: cceptable. THE COURT: Okay. Ms. Latham, why don't you take a look at that, striking Seat, Vaughn, adding Seat, Hernandez. re those six acceptable to the State? MS. LTHM: Strike Seat No.. THE COURT: Betsy Hughes. Okay. Ms. Latham, that gets us to Seat, Ms. Steigerwald. MS. LTHM: cceptable. THE COURT: Mr. Stewart? MR. STEWRT: cceptable, Your Honor. THE COURT: Mr. Stewart, we struck Seat, Hughes, added Steigerwald. That is six. re they acceptable to the defense? MR. STEWRT: It's acceptable, Your Honor.

18 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT THE COURT: Okay. nd, Ms. Latham, how about with the State? MS. LTHM: What was the last one? THE COURT: That's Ms. Steigerwald. That's six. re they acceptable to the State? MS. LTHM: Hold on one second. cceptable, Judge. THE COURT: Okay. So we're looking at Seat, Mr. Rafanan; Seat, Mr. dmonius; Seat, Mr. Rodriguez; Seat, Ms. Marshall; Seat, Ms. Hernandez; and Seat, Ms. Steigerwald. Mr. Stewart, did I read those correctly from your notes? nd if so, are we good? MR. STEWRT: Yes, Your Honor, that's fine. THE COURT: Okay. MR. STEWRT: That's acceptable, Your Honor. THE COURT: Okay. nd let's talk about an alternate. Mr. Stewart, that's Seat, Ms. Simone. MR. STEWRT: Fine with us, Your Honor. THE COURT: How about you, Ms. Latham, for the State? MS. LTHM: Strike her. THE COURT: Ms. Simone, strike. Ms. Latham, that gets us to Mr. Serr in Seat

19 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT as an alternate. MS. LTHM: We will strike him. THE COURT: I may have misspoke. You pick up one peremptory on the alternate. I know you had some left over, but I don't think they carry over, do they? You did a preemptory on Seat and the State did Ms. Simone. MS. LTHM: Okay. THE COURT: nd I probably wasn't thinking, but I don't think you get another one for the alternate. MS. LTHM: Okay. That's fine then. THE COURT: So I guess I was looking -- and if there's no cause challenge for Mr. Serr from the State, then we will check in with Mr. Stewart. m I wrong on that? I mean -- MS. LTHM: That's fine, Judge. THE COURT: Mr. Stewart, how about Seat, Mr. Serr, as an alternate? MR. STEWRT: That's fine, Your Honor. THE COURT: Okay. So we're looking at Seat, Rafanan;, dmonius;, Rodriguez;, Marshall;, Hernandez; Steigerwald; and, Serr. Ms. Latham, opening statements, how long are we anticipating you will need? MS. LTHM: Forty-five -- no. I'm kidding.

20 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT Five minutes. THE COURT: I'm used to that in civil cases. In civil court, that would be light. But so just a few minutes we're -- there's no special need for lengthy openings in this case. MR. STEWRT: We were planning on two hours, Your Honor. We were gonna play a video. THE COURT: Perfect. Okay. nybody want to take a break? MR. STEWRT: I think we're ready. We're ready, Your Honor. MS. LTHM: That's fine. THE COURT: You guys want to flip around then? MR. STEWRT: Yeah. THE COURT: nd I'm gonna take a quick break. Be back in ten minutes. ( recess was taken from : p.m. to : p.m.) THE COURT: Okay. Mr. -- I'm sorry. Ms. Latham, is the State ready for the jury? MS. LTHM: Yes, Judge. THE COURT: Mr. Stewart, defense? MR. STEWRT: Yes, Your Honor. THE COURT: Okay. COURT DEPUTY: Sit anywhere? THE COURT: Yeah, they can come in and sit

21 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT wherever they want, sure. (The venire enters the courtroom.) THE COURT: Okay. Ladies and gentlemen, thank you so much for the time you've given us today. We've got seven people to -- to sit on this jury. nd then the rest of you, I will have some instructions for you. Okay? If you hear your name called, just come on up right through the bar there. You are to see Robert. nd you're gonna fill from the furthest seat down to the nearest seat. Okay? Mr. Serr, where are you, sir? Come on up, please. nd Ms. Steigerwald, there you are. Okay. Come on up, please. Ms. Hernandez. Yes, ma'am. Come on up, please. Thank you. nd Ms. Marshall. nd Mr. Rodriguez, where did he end up? Where is he? Come on up, Mr. Rodriguez. Mr. dmonius, there you are. nd Mr. Rafanan. If I did that correctly, there's seven of you there. The rest of you, you are excused in just a minute. Go downstairs. The jury room will give you

22 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT some paperwork to demonstrate you've been with us today. Where is Ms. Osmun? Is she still here, the one -- I'm sorry. I know you said you wanted to be on the jury. Was that you who said that? Someone said -- I thought it was you. But you're always welcome -- everyone's always welcome. You know where we are up on the th floor. But thank you again. You're excused. Best of luck to you. (Venire exited the courtroom.) THE COURT: Okay. Ladies and gentlemen, you'll be with us for a little while longer. Thank you, as well, for your time today. I'm gonna ask you to stand up, and Jill has another oath to administer to you. THE CLERK: Can I have you raise your right hands again? (The jury, having been duly impaneled, was sworn to well and truly try the issues of the case.) THE JURY: I do. THE COURT: Ladies and gentlemen, you have been selected and sworn as the jury to try the case of the State of Florida versus Calvin Dwight Pryor. This is a criminal case. The defendant, Mr. Pryor, is charged with aggravated assault with a firearm. The

23 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT definition of the elements of this crime will be explained to you later. It is your solemn responsibility to determine if the State has proved its accusation beyond a reasonable doubt against the defendant, Mr. Pryor. Your verdict must be based solely on the evidence, or lack of evidence, and the law. The information, which is the document from which I read the charges earlier, that document is not evidence, and it is not to be considered by you as any proof of guilt. It is my responsibility to decide which laws apply to this case and to explain those laws to you. It is your responsibility to decide what the facts of this case may be and to apply those facts to the law -- or to apply the law to those facts. Thus, the job of the jury and the job of the Court are well-defined and they do not overlap. This is one of the fundamental principals of our system of justice. little bit of how a trial is going to work. In just a few minutes, the attorneys will have an opportunity, if they wish, to make an opening statement. n opening statement gives the attorneys a chance to tell you what evidence they believe will be presented during the trial. What the lawyers say, however, is not evidence, and you should not consider

24 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT it as such. fter opening statements, witnesses will be called to testify under oath. They will be examined and then cross-examined by the attorneys. Documents and other exhibits may also be produced as evidence. fter all of the evidence has been presented, the attorneys will have an opportunity to make a final argument. fter final arguments, I will instruct you on the law that is applicable in this case. fter that, you will retire to consider your verdict in the jury room you will see later today is right through that door. nd Robert will show that to you when we get done for the day. t this point, you should not form any definite or fixed opinion on the merits of the case. You should not do so until you have heard all of the evidence, the argument of the lawyers, and the instructions that I give you. Until that time, you should not discuss the case among yourselves. I also instruct you not to communicate with anyone, including fellow jurors, about this case. This includes no ing, text messages, Tweeting, blogging, or any other form of communication. You cannot do any research about this case or look up any

25 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT information about the case. If you become aware of any violation of these rules, or any other rule I give you, please notify one of the court deputies. During the course of the trial we will be taking breaks or recesses. nd during the recesses, you will be permitted to separate and go about your personal affairs. However, during those breaks or recesses, you still must not discuss the case with anyone nor permit anyone to say anything to you or in your presence about the case. If somebody attempts to say anything to you about the case in your presence, tell that person you are on the jury and ask that person to stop. If they do not do so, just walk away and notify one of the court deputies. We don't expect that to happen. But if it does, you need to distance yourself. ll cell phones, computers, tablets, or any other electronic device should be turned off in the courtroom. nd if you have one now, you may want to pull it out and make sure it's off. You may use these devices during recesses. But even then, you could not use your cell phone or electronic device to find out any information about the case or to communicate about this case. Likewise, do not take photographs, video recordings, or audio recordings of the proceedings or

26 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT your fellow jurors. t the end of the case, while you're deliberating, we're gonna ask you to leave your cell phones behind. In the meantime, you can take them with you. But during deliberations, we do not allow cell phones into the jury room. The court deputies will make sure nobody disturbs your phones. We will also give you a phone number -- try to do it by the end of the day -- in the event anyone needs to reach you. We will give you a number before you go today that they can call if there's an emergency during your jury service. This case must be tried by you only on the evidence presented during the trial in your presence, in the presence of the attorneys, and me. Jurors must not conduct any investigation of their own, which would include any source at all, news, Internet, electronic device. We get repetitive there, but it's very important that you -- your analysis is only limited to what you see and hear in this courtroom. You must, likewise, not visit places mentioned during the trial or use the Internet to look at maps or pictures of anything discussed during the trial. Jurors must not have discussions of any sort with friends or family members about the case or the people

27 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT and places involved. So please do not let any of your closest family members make comments to you or ask questions about the trial until it's over. You are certainly welcome to tell your significant others you have been chosen as a juror in the case, but that's where the conversation should end until you are discharged from your duties as a juror. t that time, you would be permitted to speak to whomever you want. These rules are imposed because jurors must decide the case without distraction and only on the evidence presented in the courtroom. If you investigate, research, or make inquiries on your own, I would have no way to make sure that the information obtained is proper for this case. The parties, likewise, would have no opportunity to dispute or challenge the accuracy of what you find that is contrary to our judicial system, which assures every party the right to ask questions about and challenge the evidence being considered against it and to present argument with respect to that evidence. ny independent investigation by a juror unfairly and improperly prevents the parties from having that opportunity our judicial system promises. ny juror who violates these restrictions jeopardizes the fairness of these proceedings that

28 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT could result in a mistrial, which would require us to try the case all over again. Likewise, if a juror violates these rules, that juror may be held in contempt of court, and criminal or civil sanctions can be applied. So please comply with the instructions we have given you. In every criminal proceeding, a defendant has the absolute right to remain silent. t no time is it the duty of a defendant to prove his or her innocence. From the exercise of a defendant's right to remain silent, a jury is not permitted to draw any inference of guilt. nd the fact that a defendant did not take the witness stand must not influence your verdict in any manner whatsoever. The attorneys are trained in the rules of evidence and trial procedure. It is their duty to make any objections they feel are proper. When an objection is made, you should not speculate on the reason why it was made. Likewise, if an objection is sustained, or upheld, by me, you must not speculate on what might have occurred if I had not sustained the objection nor what a witness might have said if that witness had been permitted to answer. During the trial, I might need to confirm with the attorneys outside of your hearing. We will try to

29 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT do that up here at the bench, like I did a few times earlier today. I think that's more efficient than excusing you from the room. Then we will try to keep those to a minimum. You have notepads there, I believe, and pens. You are welcome to take notes. We leave that up to you. You're not required to do so. You do not take those notepads with you during breaks. You leave them on your chairs. The court deputies will make sure nobody ever reviews your notes during those breaks. t the time you deliberate, you will be able to take the notes with you into the jury room. Okay? If you do take notes, do not get so involved in note-taking that you become distracted from the proceedings. They should be used only as an aid to your memory. Whether you take notes or not, you should rely on your memory of the evidence. nd you should not be unduly influenced by notes of other jurors during the deliberations. Notes are not entitled to any greater weight than each juror's memory of the evidence. nd we will leave that up to you whether you want to take notes. Those are generally -- not generally. Those are the instructions at this point in the trial. We will invite the attorneys to give an opening statement at

30 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT 0 this time. Ms. Latham? MS. LTHM: May it please the Court? THE COURT: Yes, ma'am. MS. LTHM: Opposing counsel. Good afternoon. Ladies and gentlemen of the jury, you are here today because of the defendant's disregard for human life just because he didn't want to pay for a car bill when he got his car fixed. We expect that the testimony is gonna show on December nd,, the defendant brought in a rental car to ngel's uto Body Shop to have it repaired. nd he wanted it repaired immediately. The mechanics at the shop complied in the same day. They fixed the body work on the rental car. nd at the time of checkout, the defendant goes to the witnesses -- the victims that we expect you'll hear from and make contact with ngel Caraballo and his elderly father, Miguel Caraballo. They give him the bill for $00. The defendant only has $0. Once his car -- they told him, "You can't have your car till you pay for it. You got to pay the bill." They wouldn't let him take the car. So the defendant responds by taking a gun out of his waistband, pointing it at ngel Caraballo and his

31 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT father, Miguel, and tells them, "Give me my keys, give me my car." They're in fear for their life, obviously, because they have a firearm pointed at their heads. So they struggle for the gun. During the struggle for the gun, the gun is discharged. They're holding the defendant against the wall when it's discharged. We expect at the end of the case you will come to the conclusion just because it's an accidental discharge doesn't negate the fact that it was a discharge. This year old, at the time that brought his car into the business, intentionally threatened these witnesses to do violence to them. He had the ability to do violence to them as evidenced by him pulling out a gun. nd the gun was loaded. It did discharge. We expect that you're gonna hear from ngel Caraballo as to the facts of the case. nd you will hear that he was in the struggle that he had with the defendant for the gun. We expect that you're gonna hear from Miguel Caraballo, his father, who was also in fear and himself witnessed the defendant take the firearm out of his waistband and point it at him. We expect that you're gonna hear from another

32 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT State witness, Jose Benitez, as far as corroboration with this testimony of what they went through. We expect that you are going to hear -- calls. The victim, ngel Caraballo, immediately called law enforcement. Miguel Caraballo took his phone and handed it to ngel Caraballo, "Call --." Those are the witnesses that called -- for help that day. s far as corroboration with the aggravated assault with a firearm, we expect that you're gonna hear from Jose Benitez who does not work at that shop, but works at the center. He heard what was going on, and he saw the defendant basically trying to rob the victims to get his car back. He heard a discharge of the firearm. He saw the firearm. Mr. Benitez himself also called law enforcement and called -- for help. nd we expect that you're gonna hear testimony, but you're gonna hear the -- where he has to repeat what happened over and over again to the operator as to what happened. nd this is immediately after the events. We expect that you're also going to hear from law enforcement who respond to the scene. nd they do see the defendant, who was still at the scene, and the victim at this time had picked up the gun and retrieved the gun. nd these facts I'm about to tell

33 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT you are not going to be hidden when the defendant went into the victim's place of business where they make their living and tried to rob Mr. Caraballo. They did defend themselves when he had a firearm and when he was apprehended by the civilians while Mr. Caraballo's on the phone. There are mechanics there that do strike the defendant when he had the firearm and they were trying to get the firearm from him. We also expect that you're going to hear from detectives and crime scene technicians that corroborate the testimony. They find a firearm. They find it loaded. They find the caliber. It's a.0 semiautomatic caliber firearm. They find that on scene. There's corroboration that there was a discharge evidenced by a hole in the door immediately where they were struggling for the firearm. They find a shell casing after the gun is shot. The shell casing that expelled from the gun, they find that in the parking lot where the struggle goes down. When law enforcement goes and does a canvas of the area, they find where the projectile -- where the bullet went through that door and it went into an office. nd they find a mangled fragment from the bullet inside that door corroborating that there was a gun and that

34 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT it did, in fact, discharge. We also expect you're gonna hear from Florida Department of Law Enforcement. nd they took the gun at the scene and they matched it with the shell casing that was found at the scene and the fragments, and it was a match that came from that same gun that was found at the scene that was pointed out by the victims to law enforcement who immediately responded. Those are the facts that we expect you're gonna hear. nd at the end of the case, we expect you will come back with a verdict of guilty to aggravated assault. Thank you. THE COURT: Thank you, Ms. Latham. Mr. Stewart, does the defense have an opening statement at this time? MR. DERUJO: Yes, Judge. THE COURT: Mr. Dearaujo? MR. DERUJO: May I? THE COURT: Yes, sir. MR. DERUJO: Good afternoon, ladies and gentlemen. My name is Pedro Dearaujo. I've been introduced to you about three times already. But I finally get to talk to you a little bit. Okay? What I would like to talk to you about is I would

35 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT like to reemphasize how important your job is here today. Okay? We've gone through this whole process about talking about reasonable doubt, you know, burden of proof, so on and so forth. I would like to put that into an illustration for you, tell a little story. Everybody came through the metal detectors here today? Okay. Some people beeped. Some people didn't. Those people that beeped didn't all of a sudden get tackled by a SWT team. Okay? Somebody came out with a wand to double-check, to make sure that beep was actually valid. Okay? What are they beeping about? What was that about? That's your job here today. Your job is to be that wand, okay, to make sure the State is doing its job. Okay? The State is actually proving this beyond a reasonable doubt. Okay? You'll hear the testimony. You'll hear evidence. Please pay attention to inconsistencies in that testimony, people contradicting each other, people telling different stories, testimony contradicting forensic evidence. Okay? You will also hear about what the police didn't do, what the police didn't look for, what the police didn't find. Pay attention to those contradictions.

36 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT Okay? Remember, you are here to make sure the State of Florida is doing its job. It's important, arguably, the most important job in the entire legal system. Okay? If the State cannot convince you beyond a reasonable doubt -- we talked about this for, what, two hours earlier today -- you have to find Mr. Pryor not guilty. Thank you. THE COURT: Thank you, Mr. Dearaujo. Ms. Latham, State may call its first witness. MS. LTHM: State will call ngel Caraballo. Judge, can I step out for a second? THE COURT: Yes, ma'am. NGEL CRBLLO was called as a witness and, having first been duly sworn, testified as follows: THE WITNESS: Yes, I do. MR. STEWRT: Can we just approach real quick on one thing? THE COURT: Okay. (Sidebar conference held on the record.) MR. STEWRT: I first have to invoke the rule, so we ask to have the rule invoked at this time.

37 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT THE COURT: Okay. Invoke the rule of sequestration. So you know who the witnesses are. Be on the lookout for them. nd the interpreter is not needed for this witness? MS. LTHM: Not this one. THE COURT: Next one? MS. LTHM: The next one. I'll have to have a second one, I guess when he's done, to tell them about the rule. MR. CRUMBLY: I can get -- THE COURT: Invoke the rule of sequestration. Thank you. (The following was in open court.) DIRECT EXMINTION BY MS. LTHM: Could you please state your name and spell your last name for the record. First name ngel. Last name Caraballo, C--R--B--L-L-O. nd middle name? Daniel. Mr. Caraballo, where do you work? t Overland Road, popka, Florida. nd at Overland Road, what is the name of

38 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT that business that you work at? business? Overland uto Center. nd the auto center, does that have more than one Yes, it does. You work at the auto center. What's the specific business that you work at? I work for them and also for Miguel's uto Body. Miguel's uto Body? What type of business is Miguel's uto Body? It's an auto repair shop. Now, how long have you worked for them? Since 0. nd that auto body shop that you work for, who's the owner of that? Miguel, my father. On December nd,, were you working on that day? nd, typically, what are your hours of operation at your father's auto body shop? My father's there from :00 till :00. nd then from Overland, :00 to :00. :00 to :00 p.m.?

39 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT nd your father, Miguel, is his last name Caraballo, as well? Does he work at that auto body shop with you? Let me ask you this: Prior to December,, did you ever meet an individual named Calvin Dwight Pryor? Before that day? Correct. No. nd on December nd,, you stated you were at work? Yes, I was at work. Okay. Were you there at :00 a.m.? No, I wasn't, not at :00 a.m. Okay. What, if any, contact did you have with the defendant on December nd,? None. Didn't have any contact. My father was the one that dealt with him. Okay. You're talking about in the morning? Okay. Okay. So as far as you knew, your father had contact with the defendant in the morning -- with Calvin Pryor in the morning?

40 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT 0 Were you there at any time that you saw Calvin Pryor there? No, I wasn't there. I was out getting materials and parts that we needed for a vehicle. Okay. t any point, did you come back? Yeah, I did. Okay. nd when you came back, I assume you were there in the afternoon, as well? Yeah. How about in the afternoon? Did you ever see Calvin Pryor in the afternoon? No, I didn't get to see him. s soon as I got back from doing my chores, getting my materials, I went back to work. Okay. It was my father that was working on his vehicle. Uh-huh. I didn't even know he was there. He was sleeping inside the car there while my father was working on it. nd after you saw the -- you said he was sleeping in the car? Yeah. Okay. nd how do you know this? When I came back out from the shop, that's when I

41 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT heard the argument going on. So I went to see what it was. nd I asked my father where was this guy. My father told me he was sleeping inside the car -- vehicle. Okay. -- all that time that they were working on the Okay. Okay. So on that day, did you see him? Did you see Calvin Pryor? see him? Before the incident, no. Okay. fter he was sleeping in the car, did you No. When I came back from the chores, my father was already working on that vehicle, so I never approached that vehicle. Okay. Was there any point during that day that you heard an argument? you at? inside. Yeah. Okay. When you heard the argument, where were Unit at Miguel's -- my father's shop. I was So you were inside? Uh-huh. nd when you heard the argument, did you recognize any of the voices?

42 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT Yeah, my father's. When you heard your father's voice in an argument on December nd,, did you respond and go to see what the argument was about? Yeah. I just wanted to see what was going on, just make sure nothing over-escalated from the situation. and. nd where was the argument taking place? Right outside the business Unit -- between Unit Okay. When you went outside that day to see what the argument was about right outside of the unit, can you tell the jury what -- what transpired? What happened next after you went to see what the argument was about? When I went outside to check what was going on, Mr. Pryor didn't want to pay my father for the work that was done to the vehicle. So he just wanted to leave. My father put another vehicle in the back of his car so he wouldn't be able to leave. nd I told Mr. Pryor, "Look, just pay what you owe and you'll be -- you'll be on your way." Uh-huh. He got out of the car. When he got out of the car, the argument kept going. nd I told him, "Look, all you got to do is just pay and take your car and go." My father got in-between myself and him because

43 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT it was already argument kept going back and forth. So that's when Mr. Pryor reached -- MR. STEWRT: Objection. Narrative, Your Honor. THE COURT: Well, what was the question? BY MS. LTHM: You intervened and there was an argument and the defendant did not want to pay his bill? Yeah. fter you got in-between your father and the defendant, what was your contact that you had -- what was the conversation that you had with the defendant? Just pay for the job that was done. nd did the defendant -- did you know how much the bill was? Three hundred. Did the defendant, in fact, pay for his car so he could take his car? No, he didn't pay. Instead of paying for his car that was what the argument was about, what did the defendant do? The argument just kept getting worse. He reached into his pocket and that's when he took out his weapon, the gun. When he -- do you remember what the gun looked like?

44 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT I'm not too familiar with guns. But if I do see the gun, yes, I will be able to say. pocket? with it? So you recognized it to be a gun? When -- you said that he pulled it from his When he pulled it from his pocket, what did he do He started pointing it. He pointed it over to my father. My father went to a scuffle with him, and I got in-between and so until the gun was taken away from him. Did the defendant say anything when he was pointing the gun? No. Okay. He pointed it at your father? Yeah. Okay. nd then did he point it at you, as well? Yeah. nd that's when he went down to point it to my father again. Him and my father went into -- my father try to -- trying to take a gun away and I got in-between it. So I was the one that was able to take the gun away from him. When the defendant was pointing the gun at your father, how close were you to your father?

45 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT Like her and I. nd when he changed direction and pointed the gun at you, can you tell the jury what did you think was gonna happen? I was seriously thinking he was going to shoot, but he didn't. When your father tried to stop the defendant and grabbed the gun, did you intervene, as well? Okay. nd can you tell the jury what you did to intervene and get the gun? I got in-between my father and him. nd I just told my father -- I pushed my father away. nd that's when I grabbed his hand where he has his gun, made sure it wasn't pointing at nobody. nd when you were holding the gun -- when you were holding his hand, did he still have the gun in his hand? nd what happened when you were holding his hand that had the gun? When we were in the scuffle, I had my -- excuse me -- I had my right arm over his, the one that was holding the gun. nd with my left hand, I went also for his gun and to pry it away, take it away, but when he fired -- I

46 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT pull it, it was fired. nd the bullet was fired when it was still in his hand? Yeah. fter the -- after the defendant fired a shot, at that point, did you even know where the bullet went to? No. nd after he shot -- after the defendant shot the gun, what, if anything, did you do to get him to finally drop the gun? When he actually let go of the gun is when I hit him on the elbow in his face. nd when you -- when you hit him with the elbow on his face and he dropped the gun, what did -- He didn't drop it. I had -- He did not drop it? No. I was able to -- when he went back, I was able to pull the gun away from his hand. nd after you pulled the gun away from the defendant's hand, what did he do? He just went down. nd he went down. Is it because -- because you struck him? Uh-huh. nd you said that you had the gun. fter you had

47 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT the gun, did you make any efforts to contact law enforcement? Yeah. MS. LTHM: Your Honor, can I approach the witness? BY MS. LTHM: THE COURT: Yes, ma'am. I'm now approaching you with State's Exhibit for identification only. Do you recognize that? Yeah. nd have you had an opportunity to listen to your -- call prior to today? Yeah. nd how do you know that's the call that you listened to? It's signed. My initials are on it. Okay. nd this call that you initialed, is it a fair and accurate depiction of the call that you made to -- on December nd,? MS. LTHM: Your Honor, at this time, we would ask to move State's Exhibit for identification into evidence as State's Exhibit. THE COURT: ny objection?

48 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT MR. STEWRT: Can he get some excited utterance testimony out? I'm gonna object. I don't think a predicate has been laid. (Sidebar conference held on the record.) THE COURT: Is there anything in there that's a problem? I think it can come in based on what he said. Is there something you are specifically concerned about? MR. STEWRT: If the Court is willing to make a finding he was startled and it was made after the finding, that's fine. I want to clarify that's meeting the hearsay exception for appellate purposes in case there's a conviction that's -- THE COURT: Okay. That's fine. I would overrule. nd it can come in. re you gonna play it now? MS. LTHM: Now. (The following was in open court.) THE COURT: So that is going to be received into evidence -- THE CLERK: Entered as State's. THE COURT: -- as State's Exhibit No.. Thank you. (State's Exhibit No. was received in evidence.) MS. LTHM: Judge, can I publish?

49 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT THE COURT: nd you may publish. (The CD was played to the Court and the jury, and because of the inaudibles and inability to distinguish between speakers, the following transcription of the CD by the court reporter should NOT be considered a verbatim record of the CD.) VRIOUS SPEKERS: ll that shit. Hello? This is Orange County Sheriff's Office on a recorded line. Your call is -- Everything okay? Hello? Hello? Do you have an emergency? Yeah. I been shot at gunpoint. I was able to disarm. Overland Road.. What's the street name? Overland Road in popka, Florida. Okay. Do you know -- do you know who did it? I have the gun with me. I had to knock him out. Is it a handgun? It's a real gun. Is it a handgun? Yes, it is. Okay. nd the guy is there? Yeah. I got the guy.

50 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT 0 Is anyone injured? No, ma'am, just the guy that tried to shoot. Okay. nd -- Yeah. He pointed a gun at you? I got the gun in my hand. I got the gun with me. Hang on. nd what happened? He tried to steal a car that I worked on. I didn't let him go. nd he pulled out a gun. Okay. Hang on. I'm going to get dispatch on the line. One moment. Okay. This is -- what's the name of the business there? ngel's uto Body, popka, Florida. ndrew? ngel. ngel, -N-G-E-L? Yeah. ngel uto Body? Okay. nd this is a customer? nd where is he now? (Inaudible) he just got out the car. If he leaves, I'm gonna smash his car. You ain't going nowhere, buddy. You ain't going nowhere. You ain't getting no keys. You getting no gun. You getting nothing. Okay.

51 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT This is a shop. Move. Get until the cops get here. Okay. You said you knocked him out and took his gun? Yeah. Okay. nd where is he? Is he in his vehicle? What's going on? (Inaudible.) He's in the vehicle. He's in his vehicle? Yeah. nd what's -- (Inaudible.) What -- listen to me. What kind of vehicle is he in? He's in a Buick. In a what? Buick. Buick? He ain't going nowhere. I blocked him off. I still need to know. (Inaudible.) Verano? Verano? Yeah. Okay. What kind of vehicle? Is this a sedan?

52 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT Is that a van? four-door sedan. Want to confirm the person who showed up with the gun is still there, right? Yeah. Is he the one that's possibly shot? Yeah, he's the one that's shot. You didn't shoot him, right? No, ma'am. He shot at us. He shot at you. nd he's bleeding? Yeah. Okay. Hold on. re you on the phone? Oh. Can you get update for me? Can you get update for me?. Okay. I just want to make sure. The person who was shot is an employee there, correct? Yeah. The person who shot -- listen. The person who shot at the gun, is he still there? Did he leave? He's still here. Is he inside of the business? No. So, okay. So he's in the car? He got out of the car. He got out of his car. Is he in the business or not? Yes, he is.

53 0// :0 M FILED IN OFFICE TIFFNY. RUSSELL CLERK OF CIRCUIT COURT Okay. Hey, enough. Hello? I'm still here. Okay. Where is the gun? I got the gun in my possession. I'm wearing blue jeans, brown boots, blue shirt with no sleeves with a long ponytail. You said (inaudible) white, black, or Hispanic? Yeah. Okay. The person you were just describing, was that you or was that the guy? No, that's me. I'm the one with the gun. I'm the one holding the gun. I took his gun away. nd you're a Hispanic male, blue shirt? I'm Hispanic. Blue shirt? Blue jeans, blue shirt, brown boots, that's me. Okay. The person who showed up with the gun, can you give me a description of him? Male, black. He's about ', '. Okay. How old would you say he is? Excuse me? How old? bout what age? How old is he? He's about. Goes by Shorty.