NO BREAKS EDITION: Millionaire Boat Crash Trial - FL v. George Pino - Day 5

[00:00:00] Speaker 1: All right, thank you everyone, good morning, sorry to keep you all waiting. State of Florida, Mr. George Pino, parties would you please announce? [00:00:12] Speaker 2: Good morning, Your Honor, Laura Adams, Jonathan Boorst, I'm from the State of Florida. [00:00:16] Speaker 3: Good morning, on behalf of Mr. Pino, who is President Howard Srebnik, Janelle Gomez, Ed Armellino, and Mark Shapiro. Good morning. [00:00:23] Speaker 1: Good morning. [00:00:24] Speaker 4: Now, let's conclude, Ms. Pino. Yes, sir. Please raise your hand, do you still affirm to the truth, the whole truth, and the whole truth? I do. [00:00:32] Speaker 5: Okay, hold on. [00:00:39] Speaker 1: So, let's discuss the witness, and then we're going to review some of the body-worn, [00:00:50] Speaker 6: We have Judge, we took the opportunity to meet with Lieutenant Thompson in the quarter, a few moments ago he authenticated the video clips that we would want to review with him today. [00:01:04] Speaker 2: Well, what Lieutenant Thompson can say about those clips, is that they accurately depict the route that he took through the channel. However, most of those clips, Your Honor, were actually prepared by the state's expert witness, Mr. Albert, and what he did, because he was doing this with GoPro video, he was able to also enable the GPS that would go along with it, and so you'll see on the screen, for example, the speed or the heading that the Lieutenant was taking as we went through that channel. And so, he can't authenticate that part of it, that would have to come in through Mr. Albert, because he can't speak to any of that, its accuracy or anything along those lines. [00:01:58] Speaker 1: Is that going to be the witness that you had for Monday? [00:02:00] Speaker 2: Correct. So. And I anticipate introducing all of those videos through him, but Lieutenant Thompson can't vouch for anything other than this is the route that I took. Okay. [00:02:13] Speaker 1: Well, it could be subject to being leaked at this point, Lieutenant Thompson, or it could be addressed, I guess, with your last witness on Monday. I don't know, I'm not sure what would the defense be asking, because I prefer not to have to bring back Lieutenant Thompson, because I had to just be able with that caveat. I mean, it's. [00:02:43] Speaker 6: Judge, I don't know what the state's intentions are this morning with this particular efficacy reconstruction to begin with. Regardless, as your Honor pointed out, we can certainly link this up on Monday through Albert. Let's see if that's an issue. [00:03:02] Speaker ?: That's fine, too. That's fine. [00:03:05] Speaker 1: So, I think either way I would accept it subject to link, or that might, I don't know if that would be confusing or not. So, I'll leave it all to you on that, because that was the one I want to show, I want to make sure I'll address it later. Is there anything else we need to go after this, Jeff? And I'm not sure if all the jurors were here yet, but is there anything else you'd like me to address before we're going to do it later? Yes, Judge. [00:03:37] Speaker 2: I have transcripts ready for the jurors to follow along for when the Lieutenant testifies about the defendant's statements that are on body-board camera. So I can, I've turned them over to the defense, but I can, at the time when we're going to be publishing these all, pass out the transcripts. [00:03:54] Speaker 1: Either way. Do you have an extra copy? [00:04:01] Speaker 2: I didn't want to fill too many trees. These were all same. [00:04:11] Speaker 3: Can you email any? Yes. Yeah, email would be great. [00:04:16] Speaker 2: But these are exactly the same as from the motion to dismiss. The only difference is that, per the defense request, any reference to the defendant's decision not to provide a voluntary sample of his blood was all redacted both from the transcript as well as the body. [00:04:35] Speaker 1: And I want to make sure that you have reviewed that. Was there an extra copy? [00:04:44] Speaker ?: Yes. No, no, no. Okay. Do you want to take a video? Absolutely. [00:04:49] Speaker 1: It's a good example for me now on number one. Thank you. [00:05:14] Speaker ?: That doesn't go ahead. That's it. Yes. That doesn't go ahead. That's it. Yes. That doesn't go ahead. That's it. Yes. That doesn't go ahead. That's it. Yes. Thank you. Here's three. Thank you. Thank you. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. All rise. Yes. Yes. Yes. Yes. All rise. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Thank you. [00:08:56] Speaker 1: Good morning ladies and gentlemen. How are you all doing today? Good. Wonderful. Let me ask you some questions. Has anyone seen anything in the news about this case? No. We're looking for it on the news. Have you? No. Read anything in the newspaper? How about social media? No. Has anyone attempted to speak with you or in your presence about the case? No. All right. No one's done any research, I hope. Trying to gather any information outside of the courtroom. Very good. Thank you. Ladies and gentlemen, we're ready to proceed now. Staying to call you next week. Thank you, Your Honor. [00:09:44] Speaker 2: The State will call Lieutenant William Foxy, please. Yes. [00:10:17] Speaker ?: Yes. [00:10:47] Speaker 1: So please step forward and raise your right hand to be sworn. [00:10:51] Speaker 4: Do you sir affirm testimony about the truth, the whole truth, and nothing about the truth? [00:10:54] Speaker 7: I do. [00:10:55] Speaker 4: Okay, Samara, we're going to have a seat, thank you. [00:11:04] Speaker 1: Just keep your voice loud and clear, Mr. McCone, and we know it's pointed one way, the jury is this way, so keep your voice for the rest of your life. [00:11:13] Speaker 8: Yes ma'am. Thank you. [00:11:14] Speaker 2: Good morning, please introduce yourself. [00:11:16] Speaker 8: Good morning, my name is Officer Lieutenant William Thompson, I work for the FWC. [00:11:21] Speaker 2: How long have you worked for, well FWC stands for what? [00:11:24] Speaker 8: Florida Fish and Wildlife Conservation Commission. [00:11:26] Speaker 2: How long have you worked for FWC? [00:11:28] Speaker 8: Since 2017. [00:11:30] Speaker 2: I want to call your attention to the date of September 4th, 2022. Were you working on that day? [00:11:35] Speaker 8: I was. [00:11:36] Speaker 2: Was it a holiday weekend? [00:11:38] Speaker 8: It was. [00:11:40] Speaker 2: Did your agency have an increased number of officers out there? [00:11:43] Speaker 8: It did. [00:11:44] Speaker 2: Why? [00:11:45] Speaker 8: The holiday weekend, higher boat traffic around the area. [00:11:48] Speaker 2: On that day, did you meet a person by the name of George Pino? [00:11:50] Speaker 8: I did. [00:11:51] Speaker 2: Do you see him in court today? [00:11:52] Speaker 8: I do. [00:11:53] Speaker 2: Can you please point to him and describe what he's wearing? [00:11:55] Speaker 8: He's wearing a dark sports coat with a blue tie. [00:11:57] Speaker 2: For the record, the witness has identified the defendant? [00:11:59] Speaker 8: Stipulation. [00:12:00] Speaker 2: So identified. Did you know him prior to that day? [00:12:03] Speaker 8: I did not. [00:12:06] Speaker 2: Did you have a chance to speak with him at a place called Elliott Key Harbor? [00:12:10] Speaker 7: I did. [00:12:12] Speaker 2: Initially, do you have a brief exchange with him while he's still on a police vote? [00:12:15] Speaker 8: I did. [00:12:16] Speaker 2: What was the purpose of that interchange? [00:12:18] Speaker 8: To identify the operator of a vessel that was involved in an accident. [00:12:23] Speaker 2: About what time was it that you came into contact with him? [00:12:27] Speaker 8: Around? [00:12:28] Speaker 2: If you need to refresh your recollection, just let us know. [00:12:30] Speaker 8: I'd like to use my notes to look at the time, please. [00:12:32] Speaker 1: Just review your notes if you would, sir, don't read from them and look up at me if you do that. [00:12:38] Speaker 8: Around 6:37 p.m. [00:12:40] Speaker 2: That's when you spoke with him? [00:12:42] Speaker 8: At Elliott Key, correct. Prior to that, around 6:20-ish. [00:12:47] Speaker 2: Okay. [00:12:48] Speaker 6: Now, did you, at Elliott Key- Sorry, I'm a little hard time here, I apologize. [00:12:52] Speaker 2: At Elliott Key, did you speak with him about trying to figure out whose vote it was and where it was trailered? Yes. Okay, and what time is that? [00:13:01] Speaker 8: That is at 6:37 p.m. [00:13:07] Speaker 2: Was your interaction with him while he was on the boat at Elliott Key recorded on your body-worn camera? [00:13:13] Speaker 8: It was. [00:13:13] Speaker 2: Did you have an opportunity to review with me a jump drive that has a number of clips from your body-worn camera? Yes, ma'am. For the record, I'm showing Council States 5H. Lieutenant, do you recognize any writing on this exhibit? [00:13:32] Speaker 8: I do. [00:13:33] Speaker 2: And is that your handwriting? [00:13:34] Speaker 8: Yes, ma'am. [00:13:35] Speaker 2: Does that signify that you've watched the contents of this clip and it accurately depicts portions of your body-worn camera? Yes, ma'am. I move States 5H for identification and evidence. [00:13:43] Speaker 6: I'll judge prior to our subject. [00:13:45] Speaker 1: Prior to our objection admitted. [00:13:47] Speaker 4: 5H, personal identification, becomes a second 798. [00:13:51] Speaker 2: The first clip that's on here for you. Is that you speaking with him on a boat at Elliott Key? [00:14:08] Speaker 8: Yes, ma'am. [00:14:10] Speaker 2: And was it daylight or nighttime at that time? [00:14:12] Speaker 8: Nighttime. [00:14:13] Speaker 2: Do you remember about what time it was? [00:14:16] Speaker 8: 8:16 p.m. [00:14:33] Speaker 2: So are you actually authenticated two videos with me this morning, correct? Yes, ma'am. Hold on one second. Grab the mic. [00:14:52] Speaker 5: Mayor, what is the exhibit number, please? 98. 98, thank you. For the record, I'm showing Council not seats 5G. [00:15:01] Speaker 2: Lieutenant, same question. I showed you two jump drives this morning. Can you take a look and tell me if you recognize initials on this? I do. And is this going to be the clips of your actual body-worn camera footage? Yes, ma'am. Okay, and the other one, does that have to do with another issue that we're going to talk about in a bit? Yes, ma'am. Judge, I move States 5G for identification and evidence. [00:15:25] Speaker 1: Subject to prior objection. Subject to prior objection admitted. [00:15:28] Speaker 4: A gene mark identification becomes a stake at CB99 in evidence. [00:15:58] Speaker 2: For the record, the state will not publish the statement that's labeled one, statement one. [00:16:12] Speaker ?: And your honor, I have the transcripts for the jurors to follow the following. [00:16:27] Speaker 2: Ladies and gentlemen, I'm going to be handed some transcripts. [00:16:33] Speaker 1: This is for your use to follow the video evidence. These transcripts are not in evidence. The video is the evidence. [00:16:47] Speaker ?: I'm going to be handed some of these transcripts, and I'm not going to be handed some of these transcripts, but I'm not going to be handed some of these transcripts, but I'm not going to be handed some of these transcripts, but I'm not going to be handed some of these transcripts, but I'm not going to be handed some of these transcripts. [00:17:03] Speaker 4: I'm not going to be handed some of these transcripts, but I'm not going to be handed some of these transcripts, but I'm not going to be handed some of these transcripts, but I'm not going to be handed some of these transcripts, but I'm not going to be handed some of these transcripts. [00:17:24] Speaker 8: I'm not going to be handed some of these transcripts, but I'm not going to be handed some of these transcripts, but I'm not going to be handed some of these transcripts, but I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts, but I'm not going to be handed some of these transcripts, but I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts, but I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts, but I'm not going to be handed some of these transcripts. [00:17:53] Speaker ?: I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. [00:18:31] Speaker 8: I'm not going to be handed some of these transcripts. [00:18:36] Speaker ?: I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. [00:18:40] Speaker 8: I'm not going to be handed some of these transcripts. [00:18:41] Speaker ?: I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. I'm not going to be handed some of these transcripts. [00:19:21] Speaker 2: I'm not going to be handed some of these transcripts. It appears that when you have this initial interchange with the defendant while he's on that boat, are you asking him how the boating crash happened? [00:19:59] Speaker 8: No, ma'am. [00:20:00] Speaker 2: What are you trying to get information about at that point? [00:20:03] Speaker 8: I'm trying to figure out where the vessel comes from. See if it has a trailer because we have an active scene out there. There's a boat drifting. It could become a navigational hazard. So at that moment, I'm trying to see if there's a trailer. I have people on land trying to coordinate on how to get that boat out of the water, so it's not in the way of other boat traffic. So if he has his own trailer, the goal is to use his trailer to transport that boat. [00:20:26] Speaker 2: So when he's telling you about some other boat or something, that's not what you were there to find out from him? No, ma'am. He's just spontaneously telling you those things? Yes, ma'am. Okay. And that was at about 8:16 in the evening? [00:20:41] Speaker 8: Yes, ma'am. [00:20:42] Speaker 2: Okay. Do you speak with the defendant again a little later that same evening? Yes, ma'am. And is that also at Elliott Key Harbor? Yes, ma'am. When is the next time that you have interaction with him? [00:20:56] Speaker 8: At 8:59 p.m. Okay. [00:20:58] Speaker 2: Can you tell the court what you were doing? Well, when did you finish that little brief conversation with him? 8:18 p.m. [00:21:04] Speaker 8: Okay. [00:21:05] Speaker 2: So from 8:18 to 8:59, almost 45 minutes or so. Can you tell the members of the jury, are you having any interaction with George Pino? [00:21:18] Speaker 8: No, ma'am. [00:21:19] Speaker 2: Okay. So then at 8:59, you then wind up speaking with him again. Is that right? Yes, ma'am. Again, were you wearing your body-worn camera? Yes, ma'am. Was it recording that interaction with him? [00:21:31] Speaker 8: Yes, ma'am. [00:21:36] Speaker 2: At that point in time, do you have any sense that he's committed a criminal offense? [00:21:40] Speaker 8: No, ma'am. [00:21:42] Speaker 2: Was he allowed to interact with his daughter and the other girls that had been brought to Elliott Key? [00:21:47] Speaker 8: Yes, ma'am. It was encouraged. [00:21:50] Speaker 2: Now, when you speak with him this second time, can you tell the jurors what was your aim? [00:21:55] Speaker 8: The second time I spoke to him was to conduct a voting accident investigation. So I wanted to sit down with him and get the specifics of what he remembered that happened or occurred during that time. [00:22:05] Speaker 2: Where is it that you speak with him? [00:22:07] Speaker 8: At a park bench. [00:22:08] Speaker 2: Okay. Were there other officers around you? No, ma'am. [00:22:11] Speaker 8: Not that time. [00:22:12] Speaker 2: Did you raise your voice to him? No, ma'am. Did you order him around? No, ma'am. Was he cooperative with you? Yes, ma'am. Was he handcuffed? [00:22:22] Speaker 8: No, ma'am. [00:22:23] Speaker 2: Did he require any assistance to walk to that picnic bed, picnic table? No, ma'am. Was he responsive to you when you asked him questions? Yes, ma'am. Could you understand what he was saying? [00:22:37] Speaker 7: Yes, ma'am. [00:22:41] Speaker 2: Do you wear your body worn camera on that night, the same place where we see it right now on your uniform? Yes, ma'am. Okay, so it's basically at chest level? Yes, ma'am. When you're seated opposite the defendant and recording this interview, do you see his face? No, ma'am. [00:22:56] Speaker 8: You see his chest. If anything. [00:23:00] Speaker 2: During that interaction with him, did you ever ask if he'd been drinking alcohol? No, ma'am. Does he tell you anything about drinking alcohol? He does. What does he say? [00:23:09] Speaker 8: He tells me that he had two beers. Okay. [00:23:13] Speaker 2: During that interview, do you make arrangements for fire rescue workers to come over and check him out and make sure he's okay? Yes, ma'am. [00:23:19] Speaker 8: He was bleeding from the elbow. I wanted to make sure that he was okay, so I have fire rescue. Take a look at him. [00:23:24] Speaker 2: All right. For the record, I'm not going to publish the statement on the state's evidence of style two. So, did you have transcripts? [00:23:34] Speaker 1: Yes, I do. Thank you. Ladies and gentlemen, let me also add to the explanation about transcripts. Again, you'll hear in which recorded conversation and recordings are the evidence. Transcripts are given to you to help you follow along. Transcripts are not in evidence. If there is any discrepancy between what you see on the transcripts and what you hear in the recorded conversation, you must rely on what you hear in the recorded conversation as the evidence. All right, this will apply to the instruction I just gave you to all of the recorded conversations you're about to hear. [00:24:16] Speaker 3: All right. And judge, so we can preserve pretrial motions related to the subject matter of the witness assessment. [00:24:22] Speaker 1: Yes, sir, for the record. [00:24:26] Speaker ?: Thank you. Thank you. Medical staff won't give an actual update until my guys get there. I'll be on the phone and say hello, who's actually calling? So my guys are about 10, 15 minutes away. Everyone is over there. All right, I should use about 11.28. Oh, that's the piece, I don't know. They're all over there. All the girls? They're over there. They're over there. They're over there. They're over there. They're over there. They're over there. All those girls are fine. They're over there. They're over there. They're over there. All those girls are fine. They're over there. They're over there. So right now, last I had an update was Jane. Jane. She's a great update. She's conscious. What's she saying? She's saying she can't hurt her. She said that that was the last time I had. I don't know if that happened to anybody. I was all above from all over sandbar. So, also I'm going to come with you guys. Let me go. I was on the camera. Go there. Go there. Go there. Go there. Go there. I'm still getting old. I'm still getting all of this. I'm still getting all of this. [00:27:03] Speaker 1: I'm still getting all of this. I'm still getting all of this. There may be portions of these recordings that have been edited to eliminate irrelevant portions that would not add to your understanding of this case. Please, that should not concern you in terms of how you evaluate the evidence. And it must not impact you as to how you view or consider the evidence. Thank you. [00:28:06] Speaker ?: Thank you. [00:28:06] Speaker 1: Thank you. Thank you. [00:28:08] Speaker ?: Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. [00:28:26] Speaker 8: Thank you. Hey, what do you guys do with fire rescue? He's bleeding from a gash of his elbow. He's bleeding from a gash of his elbow. What do you guys do with fire rescue? Yeah, we're attached to the boat. [00:29:12] Speaker ?: We should be able to talk about it. I'm going to have fire rescue. [00:29:26] Speaker 8: At that time, it was activated and covert. And to remind me that the body cam is working, it'll rumble on my chest. And that's that rumbling noise you guys are hearing. I'm going to go to the boat. [00:29:44] Speaker ?: Okay, I'm going to go to the boat. I'm going to go to the boat. Okay, I'm going to go to the boat. Okay, I'm going to go to the boat. Okay, I'm going to go to the boat. [00:30:00] Speaker 8: Yeah, I'm going to go to the boat and have the hours to get to put hours on. I don't know if you have a boat. Yeah, the boat is coming. All year, pretty much? [00:30:17] Speaker ?: Okay. How long have you been to the boat? All year. You have all these equipment on the boat, right? I'm going to actually check here if I have some people out in jail to make sure I get a license. They're a little over-related, probably it's not something I'm going to go on. Yeah, so we have the, I'm the only owner of that boat, but only Amazon and into that channel. I was concerned about where you're going through there because it was too much going on. I hope we're tough. We'll walk on the other side, that was my bike, and I'm going to go to the back and I'm going to see you. Okay. We're going through the last part, but we're going to figure the ways I was veered to the right to cut into the ways. Okay. I like that one. Okay. I like that one. Okay. And I was a little concerned with my wife, watch, watch, I didn't even remember exactly who it was. It was, it was Coco, I'm pretty sure it was Coco and Mandela. Okay. So I turned around and I said, "Hey guys, watch out." Hold on. Hold on. I'm cutting it. You guys are on the back. You guys are on the back. [00:31:49] Speaker 1: They're on the ground. They're right on the back. [00:31:51] Speaker ?: There's a seat. Right. [00:31:53] Speaker 1: And as soon as I said it, I was going through the way. [00:31:57] Speaker ?: And I looked at the wheel, I guess one of the few other days, the wheel turned a little bit. Okay. A little bit as I was coming back in. And I was going through the wheel. I was going through the wheel. I was going through the wheel. I was going through the wheel. I was going through the wheel. I was going through the wheel. I was going through the wheel. I was going through the wheel. I was going through the wheel. I was going through the wheel. I was going through the wheel. I was going through the wheel. I was going through the wheel. I was going through the wheel. I was going through the wheel. I was going through the wheel. I was going through the wheel. I was going through the wheel. And I was going through the wheel. I was going through the wheel. I was going through the wheel. I was going through the wheel. I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. [00:32:45] Speaker 8: And I was going through the wheel. And I was going through the wheel. [00:32:47] Speaker ?: And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. [00:35:05] Speaker 8: And I was going through the wheel. [00:35:06] Speaker ?: And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. [00:36:05] Speaker 8: And I was going through the wheel. [00:36:06] Speaker ?: And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. [00:36:49] Speaker 8: And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. [00:36:52] Speaker ?: And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. [00:37:23] Speaker 8: And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. [00:37:36] Speaker ?: And I was going through the wheel. [00:37:38] Speaker 7: And I was going through the wheel. And I was going through the wheel. [00:37:40] Speaker ?: And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. [00:38:28] Speaker 2: And I was going through the wheel. And I was going through the wheel. [00:38:35] Speaker 8: And I was going through the wheel. [00:38:37] Speaker ?: And I was going through the wheel. [00:38:38] Speaker 2: And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. [00:38:45] Speaker ?: And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. [00:38:49] Speaker 2: And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. [00:38:55] Speaker 8: And I was going through the wheel. [00:38:56] Speaker 2: And I was going through the wheel. [00:38:57] Speaker 8: And I was going through the wheel. [00:39:05] Speaker 2: And I was going through the wheel. And I was going through the wheel. [00:39:08] Speaker 8: And I was going through the wheel. [00:39:09] Speaker ?: And I was going through the wheel. [00:39:10] Speaker 2: And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. [00:39:17] Speaker 8: And I was going through the wheel. [00:39:18] Speaker 2: And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. [00:39:21] Speaker 8: And I was going through the wheel. [00:39:22] Speaker ?: And I was going through the wheel. And I was going through the wheel. [00:39:24] Speaker 2: And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. [00:39:36] Speaker 8: And I was going through the wheel. [00:39:37] Speaker ?: And I was going through the wheel. And I was going through the wheel. [00:39:39] Speaker 2: And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. [00:39:50] Speaker 8: And I was going through the wheel. [00:39:51] Speaker 2: And I was going through the wheel. And I was going through the wheel. [00:39:53] Speaker 8: And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. And I was going through the wheel. To look over the boat. [00:40:06] Speaker 2: Now, while you went to go get these papers, where is the defendant? [00:40:12] Speaker 8: He is still on the island. He's checking on the girls. He's talking to other people all around them. [00:40:18] Speaker 2: Is he handcuffed? [00:40:19] Speaker 8: No, ma'am. [00:40:20] Speaker 2: Are the police officers on either side of him escorting him around? No, ma'am. Is he able to wander around freely with the other girls that were there? Yes, ma'am. About how long were you gone? [00:40:30] Speaker 8: I was gone for roughly 20 minutes. [00:40:33] Speaker 2: Okay. Where was it that you had to go to get these papers? [00:40:37] Speaker 8: To my patrol vessel. [00:40:38] Speaker 2: Is that basically your, I don't know, like a floating office for you? Yes, ma'am. Okay. Now, when you step away from the defendant, do you mute your microphone? [00:40:51] Speaker 8: Yes, ma'am. [00:40:52] Speaker 2: Can you explain why? [00:40:53] Speaker 8: We mute our microphones when we're not discussing anything with the public. We're speaking to other colleagues, law enforcement, first responders. It might be sensitive subjects, sensitive matters. So we have the ability to mute it when we're speaking to other law enforcement, not the public. [00:41:07] Speaker 2: Was it your intention when you reengaged with the defendant to unmute your microphone? Yes, ma'am. Did you forget to do that right off the bat? [00:41:14] Speaker 8: I did. [00:41:15] Speaker 2: Okay. But did you at some point during that second interchange? [00:41:18] Speaker 8: Yes, ma'am. [00:41:19] Speaker 2: Now, did your body worn camera capture some images of the defendant while he was interacting with the other girls and on that island? Yes, ma'am. And is that one of the clips that you reviewed earlier this morning? Yes, ma'am. [00:41:35] Speaker 7: Yes, ma'am. [00:41:36] Speaker ?: Yes, ma'am. [00:41:37] Speaker 2: For the record, I'm going to be publishing the clip in three, Elliott King Harbor. Do you have transcripts? [00:41:42] Speaker 5: No, you have transcripts. No, you have transcripts. [00:41:44] Speaker 2: No, you have transcripts. And at this time, is your microphone on mute? Yes, ma'am. Did he have any bandages on his body? [00:42:13] Speaker 8: Yes, ma'am. [00:42:14] Speaker 2: Yes, ma'am. Yes, ma'am. [00:42:30] Speaker 1: Yes, ma'am. [00:42:44] Speaker 5: Yes, ma'am. Right now, are you conversing with your colleague? I am. [00:42:53] Speaker 2: That person we just saw with the item on his head, who's that? [00:42:57] Speaker 8: That's the final. [00:43:27] Speaker 2: Yes, ma'am. Yes, ma'am. [00:43:55] Speaker 8: So that's the board's where I keep a lot of the documents, such as consentious search forms, written statements. It's so I don't have to go back and forth from my boat to Mr. Pino, trying to bring all the paperwork in. So you can sit down and take care of the people and take care of it. [00:44:09] Speaker 5: Can you describe what it looks like? [00:44:11] Speaker 8: Yeah, it's a plastic. It looks like a board. You put a board on top and on the inside it has all the paperwork in there, so the elements of the sun, rain can't fix the paper. [00:44:22] Speaker 5: Thank you. [00:44:23] Speaker ?: Thank you. Thank you. [00:44:23] Speaker 5: Thank you. [00:44:24] Speaker ?: Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. After that 20 minute or so period of time when you had gone to go get these additional papers in your clipboard of sorts, do you communicate again with the defendant? Yes, ma'am. [00:45:21] Speaker 2: Yes, ma'am. Where do you make contact with him? He's sitting on a bench with two young ladies that were passengers of the vessel. I asked him if he'd come back over to the park bench that we spoke at earlier. And what was his reaction? Cooperative. [00:45:29] Speaker ?: Did you have to entice him to come with you? [00:45:29] Speaker 2: No, ma'am. He just instantly said, okay, no problem? Yes, ma'am. [00:45:32] Speaker 8: Did you have to assist him at this point walking over to the table? [00:45:33] Speaker ?: No, ma'am. [00:45:34] Speaker 2: Where do you make contact with him? [00:45:36] Speaker 8: He's sitting on a bench with two young ladies that were passengers of the vessel. I asked him if he'd come back over to the park bench that we spoke at earlier. [00:45:43] Speaker 2: And what was his reaction? Cooperative. Did you have to entice him to come with you? [00:45:48] Speaker 8: No, ma'am. [00:45:49] Speaker 2: He just instantly said, okay, no problem? [00:45:51] Speaker 8: Yes, ma'am. [00:45:52] Speaker 2: Did you have to assist him at this point walking over to the table? No, ma'am. When you are with him at that table, is your body-worn camera still recording? [00:46:05] Speaker 8: Still video recording. But what about audio? [00:46:07] Speaker 2: No, it is not. [00:46:08] Speaker 8: Okay. [00:46:12] Speaker 2: Did you, in fact, show to the defendant a form called the consent to search form? [00:46:17] Speaker 8: Yes, ma'am. [00:46:21] Speaker 2: I reckon I'm showing Council States 1P for identification. Lieutenant, I'm showing you States 1P. Do you recognize this exhibit? Yes, ma'am. Does it have your handwriting on it? Yes, ma'am. And is this an enlarged copy of the consent to search that you showed to the defendant on September 4th, 2022? Yes, ma'am. The record I move States 1P for identification and evidence. [00:46:49] Speaker 1: No objection. [00:46:50] Speaker 2: No objection. [00:46:51] Speaker 4: 1P, marked for identification, becomes the state exhibit 100 in evidence. [00:46:56] Speaker 2: Lieutenant, would you please read what is on that consent to search form? [00:47:05] Speaker 8: Yes, ma'am. It says, I, George Pino, owner/operator of fishing vessel documentation DO 1294732, having been informed of my constitutional rights to not have a search of my property here and after mentioned without a search warrant and my right to refuse to consent to such a search, do voluntarily consent to search the following equipment: GPS units, engines, hatches, bags, personal belongings, etc. The above equipment may be searched for all data including but not limited to waypoints, track lines, marks, routes, events, position data, and dates by special agents or officers of the FCC. Technical assistance such as authorized dealers, technicians, or manufacturers, technicians, or other FWCC enforcement designees. I further understand that anything or any article that may be found during the search may be used as evidence against me in any court criminal or civil trial. [00:48:16] Speaker 2: Your Honor, may the witness step down again, please. [00:48:18] Speaker 1: Yes, ma'am. [00:48:19] Speaker 2: Lieutenant, um, first off, who fills out the name George Pino up here? Right. And what is this documentation number? [00:48:32] Speaker 8: Documentation is an identifier of the vessel that Mr. Pino is operating. Speaking of that vessel, was it in fact taken out of the water that night? [00:48:47] Speaker 2: It was not taken out of that night. It took a day or two to get it out? Yes, ma'am. Okay. Now I see under here, I felt voluntarily consent to search of the following equipment. We see GPS units, engines, hatches, bags, personal belongings, etc. Who wrote that in? I did. At the bottom I see a signature. Who wrote that signature? The defendant. [00:49:11] Speaker 8: Okay. [00:49:12] Speaker 2: And what was the date and the time that this was signed? [00:49:16] Speaker 8: 9/4/2022 at 21:31 hours, which is 9:31 p.m. Okay. [00:49:22] Speaker 2: And then down here, the name of the person giving permission. Who wrote that? I did. I did. And I see name of the person with the same signature. Who's that? That would be me. And did you fill out your name? I did. Below that, it asks address and telephone number of person giving permission. Who wrote that information? I did. And at the bottom, again, there's another signature, signature of person giving permission. Who wrote that signature? I did. And then the signature of the person witnessing permission? That would be my signature. [00:49:54] Speaker ?: Okay. Thank you. [00:50:06] Speaker 2: Once the defendant gave you his permission for you to search his vessel, did you then advise him of what's commonly referred to as his Miranda rights? Yes, ma'am. Could you explain to the jury why you did that? [00:50:18] Speaker 8: The reason I advised him of his Miranda rights was there's, just in case he says something along the lines of I had a copious amount of drugs in my system. I drank something. I did this on purpose. I want to make sure that he's advised of his rights before he makes any such comment like that. [00:50:33] Speaker 2: Was he under arrest at that point in time? No, ma'am. No handcuffs on him? No, ma'am. No physical force used against him, right? No, ma'am. [00:50:41] Speaker 8: Okay. [00:50:43] Speaker 2: In order to advise him of his Miranda rights, did you have handy with you what's commonly referred to, I think, as a Miranda card? [00:50:51] Speaker 8: Yes, ma'am. [00:50:52] Speaker 2: Can you tell the jurors what's a Miranda card? [00:50:53] Speaker 8: It's a state-issued piece of plastic that we usually keep in our vest or in our pocket or in our person. It has the Miranda warnings written on to it with a couple questions on the back end to ask the individual that we're reading the rights to. [00:51:08] Speaker 2: I'm showing Council States 5R for identification. Pretend I'm showing you States 5R. Is this a photocopy of the Miranda card? Yes, ma'am. That you would have advised the defendant with? Yes, ma'am. This time I move States 5R for identification and evidence. [00:51:26] Speaker 3: Judges, we want to preserve all the prior objections, including the pretrial motions to this area. [00:51:30] Speaker 2: Absolutely, it is. [00:51:32] Speaker 3: I mean, we just have a standing objection, so I don't need to- [00:51:35] Speaker 4: Sure. I don't know. 5R, mark identification, becomes a state exhibit 101. [00:51:45] Speaker 2: Lieutenant, would you read from this document what you read to the defendant in the same type of tone that you read it to him? Yes, ma'am. Go ahead. [00:51:55] Speaker 8: You have the right to remain silent. Anything you say cannot be used against you in a court of law. You have the right to talk to a lawyer and have him or her present with you while you're being questioned. If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning if you wish. If you consent to answer questions now without a lawyer present, you will still have the right to stop answering at any time. Do you understand each of these rights? With these rights in mind, do you wish to talk to us now? [00:52:23] Speaker 2: Okay. Did the defendant ever tell you, no, I am not willing to talk to you? No, ma'am. [00:52:28] Speaker 5: So he's still being quadrupled, is that what you're going to say? [00:52:34] Speaker 2: Yes, ma'am. Lieutenant, I have two pages here. Is the actual card, like, there's printing on the front and the back? Yes, ma'am. At some point, while you're advising the defendant of his rights, do you remember, oh, gosh, I forgot to turn on my microphone? Yes, ma'am. Do you turn it on right then and there? Yes, ma'am. And once you hit the microphone on your camera, is the remainder of that exchange with the defendant recorded? Yes, ma'am. [00:53:51] Speaker ?: Thank you. [00:54:21] Speaker 2: Thank you. Thank you. What are we looking at right now? Is this where you went to retrieve that consent form? Yes, ma'am. And did you, in fact, start filling it out? Yes, ma'am. And that's the clipboard you described for us? Yes, ma'am. I just saw a young person with a life jacket. Was that one of the girls that had been brought back? Yes, ma'am. [00:56:40] Speaker 5: Is there a defendant in this room here? Yes, ma'am. [00:56:48] Speaker 2: It's a little blurry, but sweet coach. Who is he interacting with at that point? [00:56:59] Speaker 8: To the passengers. [00:57:00] Speaker 2: Yes, ma'am. [00:57:04] Speaker 8: Yes, ma'am., I'm sorry. [00:57:22] Speaker 1: I said I can look at my notes. [00:57:25] Speaker 8: It's one of the passengers. Yes. I said I can look at my notes. [00:57:30] Speaker ?: I said I can look at my notes. Yes, ma'am. And I said I can look at my notes. I said I can look at my notes. I said I can look at my notes. I said I can look at my notes. I said I can look at my notes. I said I can look at my notes. I said I can look at my notes. I said I can look at my notes. I said I can look at my notes. I said I can look at my notes. I said I can look at my notes. I said I can look at my notes. I said I can look at my notes. I said I can look at my notes. I said I can look at my notes. I said I can look at my notes. I said I can look at my notes. I said I can look at my notes. I said I can look at my notes. I can look at my notes. Thank you. [00:58:25] Speaker 2: Thank you. [00:58:55] Speaker 8: So you can see that blinking light I was talking about earlier, that could be a distraction. You have the ability to cover that up, so it doesn't make the light have you be closer to the bottom. [00:59:19] Speaker 2: Is that the form that we see in the bottom of the screen? [00:59:21] Speaker 8: Yes, ma'am, that's the consenting search form. [00:59:30] Speaker 5: Was it rocking up there? [00:59:31] Speaker 8: It was. [00:59:32] Speaker ?: Yes, ma'am. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Yes. Thank you. And at this point is he actually walking with you? Yes, ma'am. Are you guys side by side? [01:00:22] Speaker 8: Not directly side by side. [01:00:25] Speaker 2: But we can't see him because he's not in the field with you? [01:00:28] Speaker ?: Correct. [01:00:29] Speaker 2: What are you doing at this point? [01:00:43] Speaker 8: Describing to the consensus search form and giving him instructions with it. Yes, ma'am. [01:01:02] Speaker ?: Yes, ma'am. Yes, ma'am. Yes, ma'am. Yes, ma'am. Yes, ma'am. Yes, ma'am. Yes, ma'am. Yes, ma'am. [01:02:06] Speaker 2: Yes, ma'am. Lieutenant, as you're going over this form, the consensus search form, is he giving you any impression that he's impaired by alcohol? [01:02:26] Speaker 8: No, ma'am. [01:02:56] Speaker ?: No, ma'am. No, ma'am. No, ma'am. No, ma'am. No, ma'am. No, ma'am. No, ma'am. [01:04:59] Speaker 2: No, ma'am. No, ma'am. No, ma'am. No, ma'am. And do you now start to transition into beginning to get ready to read him his rights? Yes, ma'am. And at the bottom part of the screen, are we going to see a little bit of that card that you are using? [01:05:14] Speaker 7: No, ma'am. [01:05:15] Speaker ?: No, ma'am. No, ma'am. No, ma'am. No, ma'am. No, ma'am. No, ma'am. No, ma'am. No, ma'am. No, ma'am. No, ma'am. No, ma'am. [01:05:25] Speaker 2: Is that it there? [01:05:55] Speaker 8: I have to do everything, so I have to go to exit and report, and I have to do our injuries, so just in case you say something along the line of like a bunch of drugs or something like that, I have to read your rights, so if your right is a big U.S. citizen, I have to read and you would answer my question. I am not. We can talk at any time, but I just have to do everything I can do that I have to do with my steps. [01:06:44] Speaker ?: But, I do need, for a fair week, a statement here, which is pretty much what you told me would happen on a statement, is I'm actually a picture of the city arrangement. That's all the city arrangement. Perfect. Thank you. [01:07:20] Speaker 8: You're a drunk, you have a day of birth again, sir. You're a drunk, you're a drunk, you're a drunk, you're a drunk, you're a drunk. [01:07:40] Speaker ?: your home number? 7387. Is it different than yourself? Same. Do you have your work number? Okay. I'll try to get as much supply as possible. Pretty much, like what you told me, where you were going, how fast you were going, what happened with the wake to the best of your college, and write as best you can. I know you're not going to give me what's the best of your college, and then how long have you been driving that boat? How long have you been driving boats that you checked your safety? Everything is open to check your safety. Every single thing. Can you draw your right arm, please? This is the last name. No, that's the last name. All right. I'm trying to believe that you're almost just there. So, what's the first name you want? The tiger? Yeah, we'll do it on the back. We'll flip it over and we'll just draw it out. Um, giving from, what did I say? So, we were going. Yeah. That's true, correct? It is true, too, that you know, the policy number. 91-12. It is true. Um, you ought to know the policy number on what you said. It is true. Correct. The policy number on what you said. The policy number on what you said. [01:09:25] Speaker 2: So, we hear somebody say 91-12? Correct. What's 91-12? That's my call sign. Okay. Can you explain to the jurors real quick, like, how it is when you're communicating [01:09:35] Speaker 8: on the police radio? So, we communicate via call sign, so every unit, every supervisor has a different number. So, what you're hearing there is, that was a supervisor that was on land asking about the insurance company for the vessel that was in the accident. The reason for that is, we're trying to get that boat floated and get it to land, and it costs a lot of money to get that done. So, what he's working on while I'm speaking to the defendant is getting the tow boat or sea boat that we usually use to get out there and go through their insurance so it doesn't cost their agency the money to get that floated. [01:10:15] Speaker ?: Okay. [01:10:20] Speaker 8: And I am a part one. [01:10:22] Speaker ?: LTD vessel is insured, Mr. Progressive. [01:10:28] Speaker 2: What does LTD mean? [01:10:29] Speaker 7: Lieutenant. [01:10:30] Speaker ?: Thank you. [01:11:00] Speaker 2: What is it that the defendant is doing right now? [01:11:24] Speaker 8: He's filling out a sworn written statement. [01:11:30] Speaker 2: Thank you. Is there a penalty writing this statement? [01:12:02] Speaker 7: No, no. [01:12:05] Speaker ?: Are you ready to go switch? I'm just trying to see if the hand is, because I don't know what the turn off is going to be going to be back to the act, so it's not right here. Yeah. Thank you. Thank you for this feedback. Is that referred to the act? Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. How fast do you estimate your moving? I don't estimate or I estimate my city. I don't know. I just have the miles per hour. But I would say I usually get out of those for this point. What is that movement of that? Depends on how much props you have or how many you have. You have to put some people on the road. There's something that's why I want to look at these people to see what they're pushing, what the output, what the props are. Maybe. And then if you put it through your computer experience, I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. [01:14:44] Speaker 8: I'll try to put it in. I'll try to put it in. [01:14:46] Speaker ?: I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. [01:15:34] Speaker 8: I'll try to put it in. I'll try to put it in. [01:15:45] Speaker ?: I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. [01:17:02] Speaker 8: I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. [01:17:08] Speaker ?: I'll try to put it in. I'll try to put it in. I'll try to put it in. [01:17:11] Speaker 8: I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. [01:17:18] Speaker ?: I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. [01:17:47] Speaker 8: I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. [01:17:51] Speaker ?: I'll try to put it in. I'll try to put it in. [01:17:53] Speaker 1: I'll try to put it in. [01:18:02] Speaker 8: I'll try to put it in. I'll try to put it in. I'll try to put it in. [01:18:05] Speaker ?: I'll try to put it in. [01:18:06] Speaker 8: I'll try to put it in. I'll try to put it in. [01:18:08] Speaker ?: I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. I'll try to put it in. But you swear that everything you just told me was the truth on this table. I'll try to put it in. Two questions. [01:18:31] Speaker 2: First off, at that moment when you say to the defendant, you know, I want to send you to the right place. You can stand up here. Were you signifying to him, like, you're not going to keep him in custody? [01:18:46] Speaker 8: No, I want to make sure he got back to his wife. He's worried about everybody that was injured. I'll try to put him in custody. I'll try to put him in custody. [01:18:52] Speaker 2: I'll try to put him in custody. [01:18:53] Speaker 5: I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. [01:18:57] Speaker ?: I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. [01:19:56] Speaker 8: I'll try to put him in custody. I'll try to put him in custody. [01:20:07] Speaker ?: I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. [01:21:43] Speaker 8: I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. [01:21:49] Speaker ?: I'll try to put him in custody. I'll try to put him in custody. [01:21:51] Speaker 8: I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. [01:21:55] Speaker ?: I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. And then the other two went the other way. I don't know. I don't know. I don't know. That's fine. That's fine. Would you write that I. I thought they were ready to be. Would you write that I. [01:22:20] Speaker 8: I swam up to Lucy and I stayed with Lucy until okay. Can you write that one please? Yeah. [01:22:36] Speaker ?: I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. [01:24:36] Speaker 1: I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. [01:24:56] Speaker ?: I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. I'll try to put him in custody. [01:25:59] Speaker 1: I think we're ready to proceed. Thank you. I'll take a break for everyone else in about 20 minutes. Okay. Thank you. [01:26:10] Speaker 2: Lieutenant, with the court's permission, if you could step down for a minute. [01:26:14] Speaker ?: I want to ask you if you can help me. [01:26:18] Speaker 2: When we saw that first interaction between you and the defendant, and he's on the boat. [01:26:29] Speaker ?: What time was that? I think that's 2016. It was 8:16 PM. I'm sorry. I can't listen to that. 8:16 PM. 8:16 PM. That's when you first start talking with him about where he's going to be? Correct. All right. [01:27:15] Speaker 2: Showing council states 1L for identification. Lieutenant, I'm showing you states 1L for identification. Do you recognize this exhibit? Yes, ma'am. Is this an enlarged photocopy of the actual written statement that the defendant gave to you that we just saw the body worn? Camera footage of? Yes, ma'am. I move states 1L for identification and evidence. [01:27:49] Speaker 3: Standing objection to this subject matter. [01:27:51] Speaker 1: Yes, sir. Over objection to this. [01:27:53] Speaker 4: 1L mark for identification becomes state civet 102. 102. Thank you. [01:28:16] Speaker 2: Is there a place for the defendant to sign signifying that the information here is true? Yes, ma'am. Where? Right where my finger is? Yes, ma'am. [01:28:26] Speaker ?: Would you please read for us the information that the defendant wrote down that he swore was true? [01:28:40] Speaker 2: Going back to ocean ORC through channel, pass boat on left side by my boat, vessel to the right to avoid big waves, coming back into wave. [01:28:54] Speaker 8: I lost control of steering wheel as the boat was going through the big waves, I was ejected from the boat, in the back of the boat I saw Mia and Sarah, my wife Ceci next to me and the others in the front of the boat. I believe we were traveling at 40 to 45 RPM. I have owned the boat since early 2020, I swam to Lucy and stayed until boat came, then I stayed looking for others inside the boat. [01:29:41] Speaker 5: All right, I'm showing council now states five, aye for identification. [01:29:54] Speaker 2: Lieutenant, I'm showing you now states five, aye for identification. You indicated something about on the back of the form, something was going to be drafted. [01:30:04] Speaker 8: Yeah, seating chart. [01:30:05] Speaker 2: Okay, and does this show both the front and the back of the original? Yes, ma'am. So, at this time, judge the state would move states five, aye for identification and evidence. [01:30:15] Speaker 1: Same objection. Same objection. Admit no more than objection. [01:30:19] Speaker 4: Five, aye, mark for ID, become state exhibit 103. [01:30:37] Speaker 2: Lieutenant, did you actually get to witness with your own eyes as the defendant was filling this out? [01:30:41] Speaker 8: Yes, ma'am. [01:30:42] Speaker 2: Would you be able to explain to the jurors with the various writings on here? Yes, ma'am. We're done? Thank you. Any second. This is your picture of a boat? Yes. How long have you been voting? [01:30:56] Speaker 8: Almost on my line. [01:30:58] Speaker 2: Okay, can you walk us through what was it that the defendant was explaining to you with this diagram? [01:31:03] Speaker 8: I asked him to use initials, first name and last name of people that were on the boat. So, the goal was trying to find the actual seating chart where everybody was on the boat and see if you had any of the limits of it. So, as you can see, he put GP for himself for Tina, CP for Sessi Pino, his wife. In the back he has Mia and Sarah, but up here he has KP and CP, Coco and Paxi. [01:31:30] Speaker 2: About two days after your interaction with George Pino at Elliot Key, was it the case that that boat that was involved in this crash was salvaged from the water? [01:31:55] Speaker 8: It was. [01:31:56] Speaker 2: Did you, after it was salvaged from the water, conduct what's known as an inventory search of that vessel? [01:32:02] Speaker 8: Yes, ma'am. [01:32:03] Speaker 2: Can you explain to the jurors what is an inventory search? [01:32:05] Speaker 8: Inventory search are used to find any valuables, watches, high valuable things to make sure they're on the boat. We're looking for safety gear. We have the consent to search, so we're looking through personal belongings, patches, the GPSs, the engines, trying to figure out what happened on that day. [01:32:24] Speaker 2: And in the course of that search, did you take photographs of the vessel? [01:32:27] Speaker 8: Yes, ma'am. [01:32:45] Speaker 5: The work that I'm showing you states 5J, 5M, and 5K. [01:32:58] Speaker 2: Lieutenant, showing you states 5J, 5M, and 5K. Do these fairly and accurately depict the vessel once it had been salvaged, and you were conducting your inventory search? [01:33:16] Speaker 8: Yes, ma'am. [01:33:17] Speaker 2: The state would move the aforementioned exhibits into evidence. [01:33:20] Speaker 4: Subject to prior objection, George. Subject to prior objection, George. C5J, marks for AD, become state exhibit 104. 5M, state exhibit 105. And 5N, 106. 5K, 106. [01:33:43] Speaker 1: I'm sorry. [01:33:45] Speaker 4: 5J, 104, 5M, 105, 5K, 106. [01:34:00] Speaker 2: All right, Lieutenant, with the court's permission, you step down and yes. First off, as to exhibit 105, can you explain to the members of the jury, what is this photograph depicting? [01:34:14] Speaker 8: That is a picture of the helm, or the steering wheel, the throttle bar. There's two empty holes here, where the U.S. students were. This will be depicting where the operator was sitting during the operation of the vessel. [01:34:29] Speaker 2: Lieutenant, I think you're aware that yesterday, our jurors got a chance to actually see this vessel. Yes, ma'am. Were you there when that happened? Yes, ma'am. And so were the jurors able to actually see for themselves what the operator's ID would be from the helm? Yes, ma'am. And that's basically what you're depicting here? Yes, ma'am. In terms of state's exhibits, numbers 104 and 106, can you explain to the jurors what we're looking at here? [01:34:57] Speaker 8: In front of the center cross of the vessel. [01:35:04] Speaker 5: Now, if there are a couple of people walking in front of the vessel in that valve area, is it, like, is it roomy? [01:35:20] Speaker 2: Is it spacious? [01:35:21] Speaker 8: Okay, not much room at all. We'll move around. [01:35:29] Speaker 2: We have evidence here in seat's exhibit number 11 that in the seat that's designated number 9 is the name Lucy. Yes, ma'am. Using state's exhibit number 106, would you be able to corroborate or show where seat number 9 that says Lucy, where would that be on this? [01:36:07] Speaker 8: It would be right here on the center, right on the center console, on this padded seat. [01:36:11] Speaker 5: So if I write the name Lucy right here, would that be out there? Yes, ma'am. [01:36:15] Speaker 2: Lieutenant, in addition to actually photographing the vessel, it's so hard to do. Did you photograph the contents of anything that was recovered from that vessel? [01:36:50] Speaker 7: Yes, ma'am. [01:36:52] Speaker 2: Showing council states 5N, 5O, 5P, and 5Q for identification. Do states exhibits 5N, 5N, 5O, and 5P depict a location where items of alcoholic containers were recovered from and the items themselves? Yes, ma'am. [01:37:39] Speaker ?: Yes, ma'am. [01:37:40] Speaker 8: Yes, ma'am. Yes, ma'am. [01:37:42] Speaker 2: Judge, I would move the aforementioned exhibits into evidence. Yes, I would move the aforementioned exhibits into evidence. [01:37:45] Speaker 1: Submitted to prior objection. And we need a required objection. [01:37:50] Speaker 4: 5N mark identification becomes state exhibit 107. 5010, 5010, 5010, 5010, 5010, 50109. [01:38:11] Speaker 2: Lieutenant, if you could step down again, please. Okay, Lieutenant, so in the back part of the vessel, behind where the helm would be, there appears to be a place where there's two round hatches. [01:38:37] Speaker 5: Can you describe what that is? [01:38:39] Speaker 8: It's a wash station. They usually have a hose on this left little hole here, and the other ones usually use for trash. [01:38:47] Speaker 2: And did you look in the area where the trash would be, if there was anything in there? Yes, ma'am. In state exhibit number 108, is that the top of what you saw when you opened that trash hatch? Yes, ma'am. Did you empty that hatch? Yes, ma'am. And did you photograph what was in there? [01:39:10] Speaker 5: Yes, ma'am. [01:39:11] Speaker 2: Does stage 109 depict the items that were in that place? [01:39:19] Speaker 8: Yes, ma'am. [01:39:20] Speaker 5: Are you in a position to say that you're going to drink all this alcohol? No, ma'am. [01:39:27] Speaker 2: Do you remember exactly how many alcohol containers were recovered from that? 61. And I wanted to ask you also, there are two exhibits that were already admitted into evidence, as states exhibits numbers 20 and 21. Do you remember seeing these on the website? Yes, ma'am. [01:39:49] Speaker ?: Were these other alcohol containers that were recovered from the bus? Yes, ma'am. All right? [01:39:54] Speaker 8: It looks like a type of champagne in a little port. [01:40:10] Speaker 2: Additionally, did you recover some flares that were on the defendant's vessel? Yes, ma'am. I'm showing you state's exhibit number 5Q. Is this a photograph of the flares you recovered? Yes, ma'am. I would know 5Q for identification and evidence. [01:40:25] Speaker 1: No objection. No objection. No objection. [01:40:28] Speaker 4: 5Q, my quantification becomes to exhibit 110. [01:40:32] Speaker 3: Forgive me, subject to the prior objection. I shouldn't accept this. [01:40:43] Speaker 2: This might sound obvious, but what are flares for our own vessels? [01:40:46] Speaker 8: Signaling for distress. [01:40:47] Speaker 5: What do you do if your boat becomes disabled and you have flares? [01:40:50] Speaker 8: If you shoot off the flares, it will create a large fold in the sky, bright in color, so other voters can see it. And it's known around the voting community that that's a sign of distress and that the people need help. [01:41:01] Speaker 2: What was the expiration date on these flares? [01:41:04] Speaker 8: October 20th of 19. 2019? [01:41:10] Speaker 2: Yes. When did you do this? 2022. When did I remember that you asked the defendant if he had all the safety equipment that he needed on his vessel? I did. Would this be considered safety equipment? It would. Is it safe if it's expired? No. Judge, this might be a good time in the testimony if that's all right with the court. Oh, could you keep going into the new subject? [01:41:43] Speaker 1: Correct. All right, ladies and gentlemen, is anything here? I'm going to go to the 7th floor. You're inside from here to come and get you. I want to ask everyone to stay in the room. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. [01:42:00] Speaker ?: I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. [01:42:17] Speaker 1: I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. [01:42:40] Speaker ?: I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. [01:43:15] Speaker 1: I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. [01:43:22] Speaker 7: I'm going to go to the 7th floor. [01:43:23] Speaker 1: I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor until 1:40. [01:43:27] Speaker 8: Yes, ma'am. [01:43:28] Speaker ?: Thank you. [01:43:43] Speaker 1: All right, ladies and gentlemen, we'll be taking our lunch break until 1:40. Thank you. [01:43:55] Speaker ?: Thank you. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 8th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. I'm going to go to the 7th floor. [01:46:09] Speaker 3: Judge, we have a matter we need to address before the jury comes in. The sidebar. [01:46:13] Speaker 1: Do I have to leave this to the council? [01:46:15] Speaker 3: Not necessarily. [01:46:16] Speaker 2: Your Honor, during the course of my publication or publishing of the defendants, shall we say, second statement. Okay. Not after Miranda and not when he was first asked about who owns the boat, where does the boat come from, but the one that would have otherwise been covered under the accident report privilege. In the course of publishing that, I noticed that the transcript that was handed out reflected what the defense asked the state to redact, which was any reference to either the lieutenant's request for the defendant's blood sample or his refusal or his decision to decline giving a blood sample. All of that was redacted and the redactions are properly reflected in the transcript. Unfortunately, I realized as we were playing it, though I feel like I looked at these videos over and over again, a little portion of what was agreeable to the defense was we over redacted. And so on page two. Page two. Yes, of statement two. Let me pull up. [01:47:34] Speaker 1: I'm sorry. I'm speaking two. [01:47:36] Speaker ?: Can I have your two? Yeah. Page two. Page two. Statement two. Yes. So the part where it says five lines down you'll see WT. Right. One, two, three, four, five. [01:47:47] Speaker 1: Five lines down you'll see WT. Right. One, two, three, four, five. [01:47:50] Speaker 2: Five lines down you'll see WT. Right. [01:47:52] Speaker 1: One, two, three, four, five. Five lines down you'll see WT. [01:47:54] Speaker 2: Right. One, two, three, four, five. Five lines down you'll see WT. Right. One, two, three, four, five. Five lines down you'll see WT. Right. One, two, three, four, five. Five lines down you'll see WT. Right. One, two, three, four, five. And it begins with the lieutenant saying I don't know. I don't know about that yet. So the first thing I'm going to do talk to you about there's a boating accident, a serious injury. Okay. The next few sentences or so are redacted. And those are the sentences where he indicated that I like to ask, you know, all that. So those were properly redacted. And then we picked back up with the defendant then saying, you know, I had two beers in response to the lieutenant saying I would like to get a blood sample. For whatever reason, unfortunately, that from that until where the lieutenant says you're allowed to drink alcohol and drive a boat. [01:48:49] Speaker 1: It's not illegal to vote and drive as an accident. [01:48:55] Speaker 2: Right. All of that from the two beers down to where the lieutenant says you're allowed, for some reason, those were not included on the video. It should not have been. Redacted. Redacted. It should have been in. Unfortunately, I think there was a miscommunication between myself. Redacted. [01:49:15] Speaker 1: Okay. Let me figure it out. [01:49:17] Speaker 2: Yeah. [01:49:18] Speaker ?: In the video. Yes. It was shown to the jury. [01:49:21] Speaker 1: Yes. Did they see, when it said, GP, you know I had two beers, see and hear, they didn't see and hear that? [01:49:35] Speaker 2: They only saw it on the transcript, which is not evidence. It was not included on the actual DVD, which is. [01:49:41] Speaker 1: And then the next line where. [01:49:48] Speaker 3: Lieutenant. The lieutenant. Our lieutenant. [01:49:51] Speaker 1: Yeah. Says, and it's not illegal, but it's also not there. Correct. Correct. Okay. So. [01:49:58] Speaker 3: Keep going, Judge. [01:49:59] Speaker 1: All right, go ahead. [01:50:00] Speaker 3: The next sentence. [01:50:02] Speaker 1: Yeah, it's not illegal to drink a beer or a couple of beers and drive. Right. That's also not included in the recording. It was included. [01:50:10] Speaker 3: So. And more. More was excluded. [01:50:13] Speaker 1: Okay, very. Also the part. Excluded from. [01:50:16] Speaker 2: Where it says, I feel, I feel perfect in the way my mind was. That also was redacted, which it should not have been. Right. And then the next part, you're allowed to drink alcohol and drive a boat. There's nothing saying that. Are you bleeding anywhere now? That's where it picks back up. When does it pick back up? When the defendant says, my elbow. [01:50:35] Speaker 1: Okay, so here's what you're going to need to do. [01:50:39] Speaker 2: I think we did it. Okay. [01:50:41] Speaker 1: So. So we now have. We have to, I don't know, tell me what you propose. [01:50:47] Speaker 3: So the issue is that Ms. Adams, when she drew from the witness, from the testimony about the two beers, it was Ms. Adams characterizing it as a spontaneous statement. I think that's where it spontaneously said, and we can go to the transcript, but the word spontaneously. We all know it was not spontaneously. Okay. It was in response to several sentences of dialogue, including when the witness, Lieutenant Thompson says, it just answers more questions if there was alcohol in your system or not. [01:51:26] Speaker 1: Okay. [01:51:27] Speaker 3: We know it being a blood draw and it's. So the exact quote was, it just answers more questions if there was alcohol in your system or not, which I'm not sure it was. So I'd like to ask permission to draw your blood. It's completely up to you. Okay. And then Mr. Pino says, you know, I had two beers. Okay. Okay. So our concern is that the impression has been left with the jury that Mr. Pino just blurted out, I had two beers. [01:51:55] Speaker 1: I understand that it was something so spontaneous that just came out of Mr. Pino. Okay. So that has to be- [01:52:02] Speaker 2: And so the way that I interpreted spontaneous is, at no time did the lieutenant say, have you been drinking? How much did you have to drink? The defendant volunteers them. The defendant volunteers them. [01:52:13] Speaker 1: But that's maybe the way you interpret them. So how do we- Well, it's- [01:52:19] Speaker 2: How do I clarify? I think what we can do is just either play, we were able to reinsert all of the part that was initially over-redacted. So I have a copy of that. So I can either replay that and just say, Lieutenant, is this what happened? And the jury can follow along again and just leave it at that. Whether I characterize it as spontaneous or not, it's kind of like a tomato-tomato situation. You know, maybe the jury thinks it was spontaneous, maybe they don't. But it's not in direct relation to a question that was posed by the lieutenant. Well, okay. [01:53:02] Speaker 1: We know it was perhaps in relation to a question. A question, though, that was deemed suppressive. That whole area of input. Correct. So, let me try to wrap my head around how and what instructions, if any, I should give to the jury that might clear this up. [01:53:29] Speaker 2: May I make one possible suggestion, which would be this. That the court instructs the jury that there was a technical issue with the video that was played and we are now going to play the proper version of it. With nothing further and I'm not going to characterize what he says one way or the other. [01:53:50] Speaker 1: Well, and I'll also instruct them that I remind you what the lawyer is asking questions. That's not evidence. This is what the witness says. So, this is not going to say it was a spontaneous statement by Mr. Pino. [01:54:06] Speaker 3: Right. So, what I would propose to give context to the statement about two beers. Because the prosecutor actually, I think, said to the witness, you didn't ask him about alcohol and drinking alcohol. And that Mr. Pino spontaneously said he had two beers. I think the simple way to correct it is, as we're going to play the correct version, it just be prefaced with a question by the prosecutor. Something as simple as Lieutenant Thompson, he told Mr. Pino you were investigating whether alcohol was involved. And here's his response. Something as simple as that. [01:54:49] Speaker 1: That makes sense. I want to think about it. [01:54:54] Speaker 2: It's not that I have any problem with that. I just worry, you know, does that somehow. Because when this is happening, the Lieutenant is not asking questions. He's just explaining why he's going to want to get a sample. No, no, but right. [01:55:11] Speaker 1: He's explaining why. But the response that Mr. Pino had was really in response to Lieutenant Thompson bringing up this whole idea. And he was forthright in that once Lieutenant Thompson brought up the idea and it's a refusal that doesn't come in front of the girl. [01:55:45] Speaker 2: What I could certainly do is, and you know, with the witness here hopefully, I could certainly ask of him, you know, Lieutenant at some point did an issue of alcohol come up? Yes, and just leave it at that and then just play this. [01:56:01] Speaker 1: At that point, yeah. [01:56:02] Speaker 3: That the investigator, now Lieutenant, raised the issue of alcohol and in response Mr. Pino said, and we play the tape. Something similar. [01:56:13] Speaker 1: You're going to be playing it and you're going to stop it at a certain point. You're going to play it from the beginning again. You've got to play the whole thing. Yeah, I understand that. [01:56:19] Speaker 2: So you'll stop it. [01:56:20] Speaker 1: Yes. And then you'll make a note for yourself. Okay. You'll ask a question and then you can handle anything else on cross. Right. And I would give jury instruction on a technical issue. We're going to basically redo that. And remind them that what the lawyers say in their questions is not evidence. The evidence comes from the witness. [01:56:45] Speaker 3: That's fine and I would propose that if we start from the beginning, it's only a minute and a half or so. A minute and 40 seconds. Stop after the sentence last played which ended with the words, a serious injury. [01:56:57] Speaker 1: Right, right. [01:56:58] Speaker 3: That's when the next question to Lieutenant Thompson would be, at that point, you raise the issue with him about alcohol. And the response was recorded and here we go. And that takes away- [01:57:11] Speaker 1: Absolutely, that's perfectly reasonable. [01:57:14] Speaker 3: Okay, great. [01:57:15] Speaker 1: And Lieutenant Thompson's right here. [01:57:16] Speaker 3: That's why I thought it'd be great to have- [01:57:18] Speaker 2: Do you have a plan? And what I would do just for brevity's sake, I have a jump drive that has the corrected video and audio that council has been able to see over the break. So what I would seek to do is just ask for- Substitute out? Yes. It's- [01:57:41] Speaker 1: What was the exhibit number again? [01:57:43] Speaker 2: Hold on. [01:57:44] Speaker 3: Okay. And while she's looking to be clear, we're not opening any doors to his refusal to the defendant's refusal by doing that. Absolutely not. I'm correct? [01:57:52] Speaker 1: We're not opening the door. Thank you. Correct. Thank you. I have a pet peeve about double negatives. Thank you, Julie. I have a pet peeve about double negatives. I have a pet peeve about double negatives. [01:58:05] Speaker ?: I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. [01:58:47] Speaker 2: I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. [01:58:50] Speaker ?: I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. [01:59:41] Speaker 2: I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. I have a pet peeve about double negatives. The audio and visual of the defendant's statement to Lieutenant Thompson is listed for identification as states 5U. And I would seek hopefully without objection from the defense other than their prior raised objections to move 5U for identification into evidence. And then be able to publish that with the caveat that I will preface the two beer statement with a question to the lieutenant. [02:00:16] Speaker 1: Wait, aren't we substituting if it was already- [02:00:18] Speaker 2: Yes, but just to make things a little bit- I can do it right now. You don't have to do it. Yeah, right. [02:00:23] Speaker 1: I want to do it now. [02:00:24] Speaker 2: You want us to put this statement on the original jump drive? No. The only thing that this jump drive has, your honor, is the second statement. The one that's in evidence has- Okay, we're good. Okay. Okay, yes. Okay. So I'm now moving states 5U for identification and evidence. [02:00:45] Speaker 3: Subject to prior objections and perhaps an instruction from the court to explain to the jury that it was omitted and we're now giving it for the jury. The jury may have seen it in the transcript. So to clarify for the jury, they may have already seen this in the transcript, even though the transcript is not in it. Okay. [02:01:03] Speaker 1: We're going to do that. And what numbers are going to be- [02:01:05] Speaker 4: The jury may have seen it. [02:01:06] Speaker ?: The jury may have seen it in the transcript. The jury may have seen it in the transcript. [02:01:06] Speaker 4: The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. [02:01:10] Speaker 1: The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. [02:01:13] Speaker ?: The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. [02:01:24] Speaker 1: The jury may have seen it in the transcript. [02:01:25] Speaker 2: The jury may have seen it in the transcript. [02:01:26] Speaker 1: The jury may have seen it in the transcript. [02:01:27] Speaker 2: The jury may have seen it in the transcript. The jury may have seen it in the transcript. [02:01:29] Speaker ?: The jury may have seen it in the transcript. [02:01:29] Speaker 2: The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. [02:01:33] Speaker 1: The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. [02:01:39] Speaker 2: The jury may have seen it in the transcript. [02:01:40] Speaker 1: The jury may have seen it in the transcript. [02:01:41] Speaker 2: The jury may have seen it in the transcript. [02:01:42] Speaker ?: The jury may have seen it in the transcript. The jury may have seen it in the transcript. [02:01:44] Speaker 2: The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. [02:01:49] Speaker 1: The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. [02:01:54] Speaker 2: The jury may have seen it in the transcript. [02:01:55] Speaker 1: The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. [02:02:05] Speaker ?: The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. [02:02:52] Speaker 1: The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. [02:03:00] Speaker ?: The jury may have seen it in the transcript. [02:03:01] Speaker 1: The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. The jury may have seen it in the transcript. So that's been corrected. And what's going to happen now is the corrected statement is going to be played for you. If you don't have a few questions about that. The transcript can be handed out again. Which would be the number two transcript. Oh, no, wait. It's number two transcript, right? Yes. Okay, number two transcript. Now, I remind you, the transcript is not the evidence. The evidence is the video, the audio video, okay? Okay. In addition, let me remind you that what the lawyer is asking their questions is not the evidence. The evidence comes from physical evidence and political testimony of the witnesses. For the record, I'm now going to publish State's Exhibit 111. [02:05:00] Speaker 2: Okay. Your Honor, may the lieutenant step down while this is right. Thank you. [02:05:17] Speaker ?: I work at WC. I do all building actions that are serious. Any time someone says something gets lifelighted, that's when I come. So, right now, no update. My officers are just giving me the hospital. [02:05:45] Speaker 8: So they all went to the same spot, right? My office, medical staff, won't give an update until my guys come there. They won't do it if they don't know if he's actually calling. [02:05:55] Speaker ?: So, my guys are not 10, 15 minutes away. So, my guys are not 10, 15 minutes away. So, my guys are not 10, 15 minutes away. So, my guys are not 10, 15 minutes away. They're not 11, 15 minutes away. They're about 11, 28. All the girls. They're over there. They're over there. All the girls. They're over there. They're over there. They're over there. They're over there. No, they're over there. All of the girls are fine. They're lotion. They're fine. Okay. So, right now, last night I had a update. I was here. She had a great update. She's conscious. She said she can't hurt her. She's okay. I don't know what I'm going to have on anybody. I was on the bus from Hall of Sandler. So, someone told me that she was there and on the road with my wife. I was getting there. I'm still getting all of these. I don't know. I don't know. I don't know. I don't know. [02:06:58] Speaker 2: Lieutenant, I want to ask you if during this time, did any kind of issue about alcohol come up? Yes. Okay. [02:07:12] Speaker 3: Can we get a pause, your honor? [02:07:14] Speaker 1: Can we pause for a minute? Sure. All right. Ladies and gentlemen, again, this is a portion that was not played before. And the question was asked, questions about alcohol, and this wasn't played for you before. All right? And this is the evidence. [02:07:49] Speaker ?: I had to. And it's not a need to go to drive. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink. It's not a need to drink. It's not a need to drink. It's not a need to drink. It's not a need to drink. It's not a need to drink. It's not a need to drink. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. [02:08:10] Speaker 1: It's not a need to drink coffee. It's not a need to drink coffee. [02:08:12] Speaker ?: It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. It's not a need to drink coffee. Hey, what of you guys are going to be fire rescuing? He's bleeding pretty good from a gash in his elbow. He's bleeding pretty good from a gash in his elbow. [02:09:39] Speaker 8: What of you guys are going to be fire rescuing? [02:09:41] Speaker ?: Fire rescuing. Yeah, they're everywhere attached to their boat. There should be also talking about here, sorry. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. [02:10:31] Speaker 8: I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. [02:10:40] Speaker ?: I'm going to have fire rescuing. I'm going to have fire rescuing. [02:10:42] Speaker 8: I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. [02:10:46] Speaker ?: I'm going to have fire rescuing. [02:10:46] Speaker 8: I'm going to have fire rescuing. I'm going to have fire rescuing. [02:10:48] Speaker ?: I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. [02:10:55] Speaker 8: I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. [02:10:58] Speaker ?: I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. [02:11:19] Speaker 8: I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. [02:11:22] Speaker ?: I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. I'm going to have fire rescuing. [02:12:02] Speaker 8: Your Honor? Yeah, over the vote. And how many hours? You've got to put hours down. [02:12:08] Speaker 3: So I think that resolved the issue of the missing portion. [02:12:13] Speaker 1: Don't worry about this. That was what was . We'll continue on. [02:12:27] Speaker ?: Pardon? [02:12:29] Speaker 1: So we're going to conclude this. Thank you. [02:12:33] Speaker ?: Thank you. Thank you. Thank you. Thank you. So, Lieutenant, up to now, we've talked about the fact that you spoke with George Pino on the evening of September 4th of 2022. [02:13:16] Speaker 2: And we talked about the inventory of the vessel that was done once it was salvaged from the bottom of the bay, right? Yes, ma'am. Yes, ma'am. Okay. So let's talk now a little bit about something that occurred on June the 9th of last year. Did you and other people involved in law enforcement try to think of a way to explain or express to the jury what the defendant's driving pattern, for lack of a better term, but her term was through the Cutter Bank Channel on the afternoon of September 4th, 2022? [02:14:16] Speaker 7: Yes, ma'am. We conducted a reconstruction as close as we could. [02:14:20] Speaker 2: Prior to doing the reconstruction, were any thoughts given about trying to actually bring the jurors through on the channel? [02:14:29] Speaker 8: There were thoughts. [02:14:30] Speaker 2: And? [02:14:31] Speaker 8: Objection, your honor. Too dangerous to bring the jury out there. [02:14:36] Speaker 2: Okay. What was the overall plan to try to show the jury as accurately as possible the route that the defendant's vessel took on that afternoon up to leading to it actually hitting a channel marker? [02:14:53] Speaker 8: Yes, on May 30th, ASA Adams reached out to me asking if this was even a possibility. Told her that logistically there's going to be a lot of moving parts to get this done, specifically around safety reasons. So we had to make sure we had safety vessels to block off channels. We had to make sure the weather was right that day, the right individuals were there. That we had access to Key Biscayne's airfield. It's a state park, so no drones could be flown. So we had to talk to the FAA for the drones. There was a lot of moving parts for it. [02:15:26] Speaker 2: Could you explain to the jurors what the idea was in terms of how this path would be recreated? [02:15:36] Speaker 8: So we had the GPS data from the units that were on the defendant's vessel that showed certain track marks and speed that the vessel was operating on September 4th. So we used multiple buoys as points of speed increase or direction change towards the channel marker. [02:15:54] Speaker 2: So if there was a track point say that indicated that the defendant was going 43 miles per hour. Is there a way using GPS to put the buoy like really close to where that track point is? [02:16:07] Speaker 8: Yes, ma'am, we used a certified handheld GPS following the exact coordinates from the units from the vessel to match it to the exact spot that we were going to drop the buoy. [02:16:18] Speaker 2: Okay. And then in this particular case, were there two last track marks or track points from the defendant's vessel up until it crashed into that channel marker? There was. And did a buoy get placed in each of the locations where those last two track points were? [02:16:36] Speaker 8: Yes, ma'am. [02:16:37] Speaker 2: And so what was the idea behind piloting a vessel past those buoys which represented the track points? [02:16:45] Speaker 8: The idea was to video record so we could show the jury of the points of acceleration that the GPS showed. So the first buoy was a signal for me to accelerate from one speed to another while also maintaining a certain track from one buoy to the next. The second buoy was the last buoy prior to the collision with the channel marker. [02:17:09] Speaker 2: Now, the second to last track point, can you describe where within the channel that would have been? [02:17:18] Speaker 8: Between channel marker 13A and 13. [02:17:22] Speaker 2: Okay. And where was the last buoy or the buoy that represented the last track mark prior to impact? [02:17:32] Speaker 8: It was right next to channel marker 15. [02:17:36] Speaker 2: Now, in order to try to recreate this, did you have available a police vessel? I did. What was the size of that police vessel? 30 feet. What was the size of the Robolo vessel that was salvaged from the bay in this case? 29 feet. What were the engines that were on the vessel that was used for this? [02:17:58] Speaker 8: Two 300 horsepower Yamaha engines. [02:18:02] Speaker 2: What kind of engines were on the Robolo in this case? [02:18:05] Speaker 7: Two 300 horsepower Yamaha engines. [02:18:08] Speaker 2: Did it seem that your police vessel was a comparable vessel to show the jurors what took place on that day? Yes, ma'am. Were you able to get the police vessel accelerated up to 43 miles per hour at that first buoy? Yes, ma'am. And did you then accelerate the vessel to about 47 miles per hour right before you got to that second buoy? Yes, ma'am. How long have you been piloting vessels? [02:18:48] Speaker 8: Since I was a young child. [02:18:49] Speaker 2: How many times have you piloted toward a steel marker? Not on purpose. [02:18:54] Speaker 8: Okay. [02:18:55] Speaker 2: Can you talk to the jurors a little bit about what the experience was like trying to recreate a path that you know in real life resulted in the destruction we saw to that vessel in photographs in yesterday? Yes. What did you do to manage that? [02:19:12] Speaker 8: Objection, serve a motion. So- Okay, hold on. [02:19:16] Speaker ?: All right. [02:19:17] Speaker 1: Objection is over the rules. Go ahead. [02:19:19] Speaker 8: I'm sorry. So with those two markers that we spoke about earlier, the first one is to start getting to a speed of 43 miles an hour. The second channel buoy that we placed is right next to channel marker 15. We had to take in consideration that if I were to take the exact same route, it was near impossible for me to evade that channel marker. [02:19:43] Speaker 2: Okay. Before engaging in this reenactment, for lack of a better term, did you have any alcohol to drink? [02:19:54] Speaker 8: No, ma'am. [02:19:57] Speaker 2: Did you have any minors on the boat with you? No, ma'am. Now, did you make several passes through that channel? Yes, ma'am. [02:20:07] Speaker 7: Yes, ma'am. [02:20:08] Speaker 2: And was there a drone involved? Yes, ma'am. I want to show you an exhibit. It's just, it's not in evidence. It's a demonstrative aid. It's a state's exhibit 2I. This is not scientific. My channel drawing is as good as your boat drawing, but does this represent kind of the tail end of the cutter bank channel? Yes, ma'am. Would you be able to use this pen and kind of like show us, in cartoon figures almost, the route that you basically were taking? Yes, ma'am. Where the squiggly line is, does that represent the route that you were taking? Yes, ma'am. I'm showing you exhibits that are in evidence of states 23 and 22. Do these accurately depict what channel markers 14 and 15 look like? Yes, ma'am. What were the wind and, I guess, sea conditions like when this was done? [02:22:04] Speaker 8: Very favorable, low winds, very slight chop, very small waves on the water. [02:22:14] Speaker 2: Was that similar to the weather conditions on the afternoon of September 4th, 2022, Biscayne Bay in the vicinity of Cutter Bank? [02:22:21] Speaker 8: Yes, ma'am. [02:22:25] Speaker 2: I'm going to show you an exhibit which is in evidence now as states exhibit number 11. And now I'm going to show you an exhibit which is states 106. Now, in states exhibit 11, there is a seat which is designated as number nine and there's a name attached to that. What is that name? Lucy. May I have that, please? Thank you. And your honor may the witness step down, please. [02:22:58] Speaker ?: Thank you. [02:22:58] Speaker 2: So, if what we're looking at here in the exhibit number 11 is a diagram of the seating arrangements of Mr. Pino's vessel on September 4th, 2022. And if what we're looking at here in states exhibit number 106 is an actual photograph of where seats seven, eight, and nine would be. Yes, ma'am. Where it says Lucy, would that correspond to where we are looking at Lucy how he's alive? Yes, ma'am. Now, because, I guess if we do it this way, that would be how we would know that this location is where Lucy was seated. Fair to say? Yes, ma'am. Come over here so please. So this is the three bench seats here and a prior witness identified that Lucy was seated here. I'd like to ask if during this process of trying to recreate for the jury a sense of what the defendant's vessel was doing prior to and at impact. Was there somebody who actually sat in seat nine, the seat that was identified as the seat that Lucy had been filming from that vantage point where the vessel was traveling? Yes, ma'am. Have you seen that video? [02:24:39] Speaker 8: Yes, ma'am. [02:24:40] Speaker 2: For the record, I'm showing councils. Oh, no, it's already in evidence. States number 98. Earlier, did you get a chance to look at this? Yes, ma'am. Can you put your initials on it? Yes, ma'am. Judge, at this time, I've published this exhibit. [02:24:56] Speaker 3: Same objections previously served. - Excuse me sir. [02:25:00] Speaker 1: - Can you follow those objections? [02:25:28] Speaker 2: - Lieutenant, would you be able to come down here for a second? [02:25:42] Speaker ?: - Yes. [02:25:43] Speaker 2: - I'm gonna stop this a couple of times and then replay it from the beginning, but we're heading down the channel. - Yes ma'am. - And I'm gonna stop this and ask you kind of where we're at. - Yes ma'am. - Okay. - What channel marker is that? [02:26:04] Speaker 8: - It'd be 13. 13A. [02:26:09] Speaker 2: - Take a closer look. [02:26:12] Speaker 8: - 13A. [02:26:12] Speaker 2: - Okay. - What's this right here? [02:26:29] Speaker 8: - That's our first GPS buoy. [02:26:31] Speaker 2: - And what does that represent? [02:26:33] Speaker 8: - It's starting reaching that at 43 miles an hour. That is the moment where I start to accelerate to 47 miles an hour. [02:26:40] Speaker 2: - And is this buoy in just about the same location as that second to last track point before the vessel strikes the channel marker? - Yes ma'am. [02:26:48] Speaker ?: - Thank you. [02:27:03] Speaker 2: - When I'm pointing to here with my pen, what is that? [02:27:06] Speaker 8: - That's the second GPS buoy. [02:27:08] Speaker 2: - Okay. And this represents the last track point prior to impact? - Yes ma'am. [02:27:18] Speaker ?: So, let's go. [02:27:48] Speaker 2: Lieutenant, when is this channel marker there? [02:28:01] Speaker 8: Green marker 15. [02:28:03] Speaker 2: You're quite a ways away from it. [02:28:05] Speaker 8: Yes, ma'am. [02:28:06] Speaker 2: We can see it already? [02:28:07] Speaker 8: Yes, ma'am. [02:28:18] Speaker ?: Thank you. [02:28:48] Speaker 2: Last thing I want to ask you about was yesterday, our jurors came and examined the Robolo at your office, just in front of the office building, yes? [02:29:10] Speaker 8: Yes, ma'am. [02:29:11] Speaker 2: Now, prior to them viewing the boat, did you stand next to the boat and point to two locations on that pedestal? [02:29:19] Speaker 8: Yes, ma'am. [02:29:30] Speaker 2: I'm going to show you state's exhibit number 68, and if the witness can step down, please join us. Can you use this exhibit to point out the two locations that you pointed to before the jurors? [02:29:48] Speaker 8: The first point is right here. The second point is right here. [02:29:53] Speaker 2: Can you explain to the jurors what you were pointing out? [02:29:58] Speaker 8: Up here, I'm pointing out what we call as the paint transfer from the green day board that was on top of markers 15 as the initial impact point. [02:30:08] Speaker 5: And you pointed to a second location. And you pointed to a second location? Here. What is that? [02:30:13] Speaker 8: Second area in that point. [02:30:15] Speaker 2: And why were you, what was there that let you know that? [02:30:20] Speaker 8: The extreme amount of damage that started from this point. [02:30:23] Speaker 5: And in fact, was there paint transfer there as well? Showing council states 5S and 5T. [02:30:46] Speaker 2: Do exhibits 5S and 5T represent the two locations of paint transfer that you just described? Yes, ma'am. I would move states 5S and 5T for identification and evidence. No, Judge. [02:31:00] Speaker 4: 5S, mark quantification, non-states exhibit 112. 5T, 113. [02:31:08] Speaker 1: I'm sorry, 113? [02:31:09] Speaker 4: 113. Thank you. [02:31:18] Speaker 2: And in my right hand, I have the paint transfer at the front of the bow of the boat. [02:31:23] Speaker 8: Yes, ma'am. [02:31:24] Speaker 2: And on my left hand, I have the paint transfer that was in the middle part of the boat. Yes, ma'am. [02:31:54] Speaker 5: I have no other questions. [02:31:55] Speaker ?: I have no other questions. [02:31:55] Speaker 5: Bye-bye. [02:31:56] Speaker ?: Have you ever heard me? The one is only just a moment. Thank you. The one is only just a moment. Thank you. The one is only just a moment. Thank you. [02:32:24] Speaker 1: Councilor, before you start the cross-examination, ladies and gentlemen, during the course of the direct examination of the witness, and it's a question asked of the witness, and the response from the witness was that he used the word dangerous in his response. I open rule the defense objection, that objection should have been sustained. You would disregard any statement or any conclusion by the witness with the use of the word dangerous in terms of what he has done. All right? Thank you. [02:33:12] Speaker 6: Good afternoon, Lieutenant Thompson. Good afternoon. Lieutenant, you indicated that during your interviews and interactions with Mr. Pino, that there was no detection on your part. You did not observe any signs of impairment by alcohol. Is that correct? Yes, sir. The first time. At the point that you had your first interaction with Mr. Pino, however, approximately two hours had passed since the accident in this case. Is that right? Yes, sir. So, to be more specific, the accident occurred sometime around 6:37 PM, is that right? Yes, sir. And the first time that you had contact with Mr. Pino was at 8:16 PM, according to your testimony today. Does that sound right? Yes, sir. Would you not agree that persons who were with Mr. Pino closer in time to the point of the accident at 6:37 PM, that their impressions as to Mr. Pino's, whether Mr. Pino appeared to be impaired by alcohol or not, would be important to know. Yes, sir. And if such persons that observed Mr. Pino at the time closest to the accident were to say that they didn't detect or didn't observe anything about Mr. Pino, which would have indicated alcohol impairment, that would be valuable for this jury to know. Is that right? Yes, sir. As well as witnesses to Mr. Pino's state of mind or physical state while he was actually at the sandbar in this case. Witnesses at the sandbar with Mr. Pino, who were able to say there was no evidence of impairment by alcohol, Mr. Pino, that would also be important for this jury to know. Is that right? Yes, sir. Particularly if those witnesses did not observe any evidence of alcohol impairment. You would agree with that, wouldn't you? Yes, sir. We heard earlier today that your first, that when you had your first opportunity to have interaction with Mr. Pino, that was at the seawall at Elliott Key Harbor. Is that right? [02:35:50] Speaker ?: Yes, sir. [02:35:50] Speaker 6: Mr. Pino was on a police boat. Is that right? Yes, sir. In fact, he was on a police boat with one of your members of your crew that day, Keith Hernandez. Is that right? [02:36:00] Speaker 7: Yes, sir. [02:36:01] Speaker 6: And when you are asking Mr. Pino some basic background questions about his boat, during that interaction, Mr. Pino answered those questions, correct? Yes, sir. But he also offered an explanation, his memory about how this accident occurred, correct? Yes, sir. And I just wanted to go through slowly with you. We have the benefit of the transcript that was prepared for the jury. And Mr. Pino says that we were going back. We were going back. We were coming through the channel. Of course, he's referring to Cutter Bank Channel. Was that your understanding at the time? Yes, sir. And there were two girls sitting in the back. A boat was coming. We were. We were going by the little, and then you interrupt him and say, you leave the boat in the water at Ocean Reef? Or is it at a trailer at Ocean Reef? That's all that you were interested in at that moment, is that correct? Yes, sir. But Mr. Pino continues with his answer, and he tells you, no, it's in the water. So anyways, I turned back to look because there were two girls sitting in the back seat of the boat. And I had five or six in the front, my wife in the middle, and we were coming, and I approached the waves head first, like I always do. And the boat hit. I was looking at the girls, and just to make sure they were okay, okay if they were sitting in the back. And the next thing I know, it hit the wave, and I tried to swing, and the right side of the boat, would be the left side of the boat, hit the pylon. My God, I can't believe it. Do you recall him telling you that? Yes, sir. Mr. Pino was telling you that, in his memory, of the way the accident occurred as a part of that, he believes that the left side of his boat made contact with the pylon. [02:37:53] Speaker 2: Judge, it costs for speculation? [02:37:56] Speaker 6: This is what he told you. Excuse me. [02:37:58] Speaker 1: I'm going to tell you more as to what was said. But judge. Go ahead. [02:38:06] Speaker 6: That in fact is not the case though, correct? Correct. The left side of Mr. Pino's boat did not make contact with the pylon in this case, did it? Yes, sir. In fact, we know just from the pictures presented in this case, as we saw in State's exhibit number 68, very clearly damage happens to the right side of the boat. Is that right? Yes, sir. And that's not a mystery in this case, is it? That's not a dispute here, right? No, sir. But at least when Mr. Pino had that initial interaction with you, it was his belief, his memory at that moment, that actually it was the left side. [02:39:00] Speaker 1: That's the stage, what Mr. Pino's belief was or wasn't. [02:39:10] Speaker 6: You go on, you ask him if he has a trailer for the boat, and he tells you that the boat goes back to Ocean Reef, et cetera, and so on. There's then another opportunity that you have to speak with Mr. Pino, is that right? Yes, sir. Because after you had your initial interaction with him while he was at the seawall on Officer Alec's boat, you went because you needed to make some phone calls. Is that right? Yes, sir. In connection with the accident scene that you were working, or the accident investigation that you were working, correct? [02:39:44] Speaker 7: Yes, sir. [02:39:45] Speaker 6: And when you came back, you had a further conversation with him, and you tell Mr. Pino, Mr. Pino says to you, someone told me that, well, the other girl that was on there, Tammy, she's over there. She was there on the boat with my wife when the other girl was getting airlifted. And you reply, see, I'm still getting all the pieces, see, I'm still getting all the pieces. Pino. She said that she was getting CPR. You respond, I don't know, I don't know about that yet. So, first thing I'm going to do, talk to you about, there's a boating accident, a serious injury. And Mr. Pino, then there was some conversation between you and Mr. Pino about alcohol, correct? Yes, sir. And Mr. Pino says to you, in response, he says, you know, I had two beers. Do you recall him saying that? [02:40:53] Speaker 7: Yes, sir. [02:40:54] Speaker 6: And your response to that was, and it's not illegal to boat and drive. It's not illegal to drink a beer or a couple of beers and drive. And that's a true statement, isn't it? [02:41:05] Speaker 7: Yes, sir. [02:41:06] Speaker 6: And Mr. Pino says, I feel perfect in the way my mind was. I mean, I know what happened. I've been operating boats forever. I've done that ride a thousand times. Do you know if Mr. Pino has done that ride a thousand times? I did not know. Do you know if it's true? [02:41:22] Speaker 7: I do not know if that's true. [02:41:25] Speaker 6: Did you ever examine or become aware of the data examination of the GPS devices in Mr. Pino's boat? Yes, sir. Did either of the historic track points in either of the GPS devices reflect thousands of rides through the cutter bank channel? No, did not. So this was Mr. Pino's memory. Objection. [02:41:47] Speaker 2: The same. [02:41:50] Speaker 6: The GPS devices did not bear out Mr. Pino's statement that he had been through the cutter channel thousands of times. Is that correct? [02:41:57] Speaker 8: Correct. [02:42:00] Speaker 6: And you reply to that and you say, you're allowed to drink alcohol and drive a boat. And this is what you told him, right? Yes, sir. And again, that is a true statement, right? Yes, sir. And during this conversation further, Mr. Pino takes the opportunity after the meeting, following some additional conversation between the two of you. He takes the opportunity to tell you again about what his recollection, what his memory is of how the accident occurred. Do you recall that? Yes, sir. And Mr. Pino says, I was, that was my wife and myself, right? And then two girls were on the back, and the rest of the girls in the front in the seating area. And then we were going through the last marker. There was a boat coming through, which was bigger. So the waves, I was veering to the right to cut into the waves. You say, okay. Mr. Pino continues. Right, like I always do, cut right through the waves. And I knew I was going to hit some waves. I looked back at the two girls that were sitting back there because I was a little concerned. I told my wife, watch, watch. It was, I even remember exactly who it was. It was Coco, pretty sure it was Coco and Andrea. Do you recall him giving you that answer? [02:43:46] Speaker 7: Yes, sir. [02:43:46] Speaker 6: Now, Coco, he was referring to someone by the name of Coco Aguilar, correct? [02:43:51] Speaker 8: Yes, sir. [02:43:52] Speaker 6: And Andrea, he was referring to someone known as Andrea Knopfler, correct? Yes, sir. And both Coco Aguilar and Andrea Knopfler, they were passengers on Mr. Pino's boat at the time that this accident occurred. [02:44:08] Speaker 7: Yes, sir. [02:44:08] Speaker 6: And Mr. Pino is telling you that he even remembers exactly who was sitting behind him, again, saying it was Coco and Andrea. Is that right? Correct. Now, that turned out not to be true. Is that right? Yes. Did you conduct, you conducted a further investigation in the days and months leading, or after this accident, correct? Yes, sir. And you determined who, in fact, of the passengers were sitting in the back of the boat, didn't you? [02:44:39] Speaker 7: Yes, sir. [02:44:40] Speaker 6: And did your investigation reveal that it was Sarah Gutierrez? [02:44:45] Speaker 2: Objection, this is hearsay. [02:44:46] Speaker 6: Your investigation did not reveal that Coco Aguilar and Andrea Knopfler were sitting in the back of the boat. [02:44:58] Speaker 5: Objection, it's hearsay. It's the same part of the diagram. Go ahead. [02:45:03] Speaker 6: Exhibit number 11, please. [02:45:04] Speaker 1: No, no, no. [02:45:08] Speaker ?: Thank you. [02:45:23] Speaker 6: So I'm handing you exhibit number 11. Yes, sir. Now, if you recall, Detective, that exhibit number 11 was the boating diagram that was presented to the various passengers in this case in order to develop the seating chart of the passengers as they sat on Mr. Pino's boat on the day of his accident, correct? Yes, sir. And if you would, referring to exhibit number 11, what did your investigation reveal as to who was sitting in the back of the boat? [02:45:57] Speaker 2: Judge and judge, that's not what exhibit 11 demonstrates. Is it introduced? Yes. Yes, but it was not from the detective. It was the words of other witnesses. I don't see. Go ahead. [02:46:11] Speaker 8: It says, Sarah and Mia. [02:46:16] Speaker 6: Not Coco and Andrea. Correct. So, Mr. Pino gave you mistaken information when he said that Coco and Andrea were sitting behind him. Is that right? Yes, sir. Mr. Pino goes on, and he tells you, speeding up a bit, he says, so I turned around and I said, hey guys, watch out, hold on, because I'm cutting into the waves, and you guys are on the back, and if you bump around, they were right on the back. There was a seat at the back of the boat, and as soon as I said it, I was cutting through the wave, and I looked, and the wheel, I guess when it hit the waves, the wheel turned a little bit, okay, turned a little bit, as I was cutting back in, and I lost. I lost a little bit of control, and I think I turned, okay, and it was the, I'm pretty sure it was the left side of the boat that skimmed the left side of the boat, probably towards the front to try. to turn away from it, so again, Mr. Pino tells you that it was the left side of the boat that made contact, is that right? [02:47:54] Speaker 7: Yes, sir. [02:47:54] Speaker 6: And he goes on to say, and the boat hit the left front boat, and then we all got ejected. Do you know if Mr. Pino's statement to you that, quote, unquote, they all got ejected, or I'm sorry, that we all got ejected, was true? [02:48:13] Speaker 2: Ejection, close for your second, please. [02:48:31] Speaker 6: Do you know if Mr. Pino's statement that, quote, we all got ejected, all got ejected, was an accurate statement? [02:48:38] Speaker 5: Objection, judge. [02:48:46] Speaker 6: You asked Mr. Pino, once you get ejected, when you came up, what did you see that you can remember? And Mr. Pino says that, I know exactly what I saw. It's because I'm having a problem, I'm having a problem recalling, because it was, it was, it was very scary. I got up, so I know I couldn't believe what had happened. I saw a few people floating, I yelled, I recognized some of them. They said, all right, I'm here, I'm here, I'm here. And then I immediately went under the boat to see if anyone was there. Do you recall him telling you that? [02:49:20] Speaker 7: Yes, sir. [02:49:21] Speaker 6: And you recall asking him, asking Mr. Pino, do you remember who was under there, referring to the boat? And Mr. Pino responded, I'm very clear who was under there, and I got her. And you asked Mr. Pino, what was her name? Do you remember what Mr. Pino told you? [02:49:40] Speaker 7: I have to look at my notes. [02:49:41] Speaker 6: Mr. Pino told you it was Nati Reed. Does that sound right to you? Yes, sir. And we, of course, are here in this trial, because it wasn't Nati Reed, who was under the boat, right? Correct. Do you know who was under the boat? [02:50:03] Speaker 2: Objection, judge. Call us for speculation. Do you know who was under the boat? Objection, call us for speculation. [02:50:14] Speaker 6: Sure. Lucy Fernandez was under the boat, wasn't she? [02:50:17] Speaker 2: Objection, call us for speculation. Question, please. [02:50:24] Speaker 6: I'm not sure I understand the... [02:50:26] Speaker 1: Come over here, please. Sure. Let's go. All right, council? Thank you. Thank you. [02:51:18] Speaker 6: At any time after the accident, did you interview Natty Reed? [02:51:21] Speaker 7: I'd have to go through my notes. [02:51:23] Speaker 6: Okay. Do you know of anyone from you or your agency or any other agency that interviewed Natty Reed after the accident? I'd have to go through my notes. Now, your conversation with Mr. Pino continued on later that, after that afternoon, is that right? Yes. And at the time that you asked Mr. Pino if he would write a statement as to his, you know, what happened, he agreed to do that. Is that right? Yes, sir. And you had conversations between the two of you regarding any number of things that he and you thought would be appropriate to place in the statement, is that right? Yes, sir. One of the things that you asked Mr. Pino about was how fast he was going, if you remember what his speed was. Yes. Is that right? And Mr. Pino mentioned to you, first, he said 39 RPMs, 38, 39 RPMs, and RPMs means what? Rotations per minute. [02:52:44] Speaker 8: And when you're on a boat like Mr. Pino's, it's very common that the screen on many of these boats kind of shows what your speed is based on rotations per minute RPMs, correct? [02:52:47] Speaker 6: Yes. So if the RPMs are 39 RPMs, for example, that doesn't necessarily mean that you're going 39 miles per hour on a boat, is that right? Correct. Because there are many variants with speed on a boat, correct? Correct. And in fact, you discussed that with Mr. Pino because he was asking you, what does 39 RPMs correspond to miles per hour? Do you remember that conversation? [02:53:24] Speaker 7: Yes, sir. [02:53:24] Speaker 6: And you were telling Mr. Pino that, just as we said, it could be a couple different things. It could be propeller, that he had 14 people on the boat. These are some of the variables which would affect speed. Remember that conversation? [02:53:36] Speaker 5: Yes, sir. [02:53:37] Speaker 6: And one of the things that Mr. Pino offered was that he said he had a lot of weight on the boat, and that he said, quote, I have two engines, two 225s. Do you recall that? Yes, sir. And when he said two 225s, he was referring to the size of the engines on his boat. [02:54:01] Speaker 2: Objection calls for speculations. Yes. [02:54:04] Speaker 6: Did you, the engines that were on Mr. Pino's boat, the accident, the boat that was involved in the accident, had two 300 horsepower engines. Is that right? Yes, sir. Twin 300s. Do you know if Mr. Pino ever owned a boat prior to the boat that was involved in this accident? [02:54:27] Speaker 7: No, sir. [02:54:46] Speaker 6: You did notice when you began your interview with Mr. Pino that he did have his head wrapped in a gauze bandage, is that right? Yes, sir. Do you know why it was that his head was wrapped in a gauze bandage? I did not. Suspect some head injury? Yes, sir. And Mr. Pino, in fact, prepared the written statement for you that you asked for. Is that correct? Yes, sir. That's in evidence now, isn't it? Yes, sir. Mr. Pino also told you, as we know, what his memory was as to how the accident happened. We just went all through that. Did you follow up with any type of investigation to determine if Mr. Pino's memory about another boat contributing to the cause of the accident occurred? I did. And what did you do in order to determine if there was another boat that contributed to this accident? Multiple different things. [02:56:20] Speaker 1: I'm sorry, you need to be able to success. [02:56:22] Speaker 8: Multiple different things. Such as Lieutenant, what did you do? We used, we spoke to good Samaritans that were very first on scene. There was a picture taken by a good Samaritan that showed the northbound aspect of the boating accident. We contacted other agencies seeing if there were cameras in the area. We interviewed the passengers on the vessel. [02:56:47] Speaker 6: And did you find anything in all of that which corroborated Mr. Pino's memory as to whether there was another boat? [02:57:01] Speaker 2: Objection, hearsay. Oh, no. [02:57:06] Speaker ?: No. [02:57:07] Speaker 6: You mentioned a picture taken by a good Samaritan. How is that helpful to you in coming to the conclusion? [02:57:18] Speaker 8: The photograph shows an image of the vessel that the defendant was operating, capsized. I believe it's three minutes post-accident time. I'll have to verify in my notes if that's exact time. And it shows a northbound view of Key Biscayne with no vessels in sight. [02:57:39] Speaker 6: And you said it was approximately three minutes after the accident? [02:57:42] Speaker 8: I would have to look at my notes, but around that time frame. [02:57:45] Speaker 6: Could it have been as soon as two and a half minutes after the accident? [02:57:48] Speaker 8: Could have been. [02:57:51] Speaker 6: And the picture that you were referring to was a wide enough view so that you were comfortable that any boat that might have fit the description that Mr. Pino gave would still have been within the picture frame? [02:58:05] Speaker 7: Yes, sir. [02:58:23] Speaker 6: Lieutenant. One of the things that was recovered two days after the accident were some empty alcoholic beverage containers, is that right? [02:58:42] Speaker 7: Yes, sir. [02:58:43] Speaker 6: And that was when the boat was actually recovered out of the water, there was an inspection done of the boat. Yes, sir. And that's where these things were discovered, is that correct? [02:58:51] Speaker 7: Yes, sir. [02:58:52] Speaker 6: And you testified earlier today that there were 61 empty alcoholic beverage containers. Yes, sir. [02:59:00] Speaker 7: To my member. [02:59:01] Speaker 6: Thank you. [02:59:31] Speaker ?: Thank you. [03:00:01] Speaker 6: Lieutenant, were you a part of the recovery team of the boat on the 6th? [03:00:11] Speaker 2: Objection, just to be on the scope of direct. [03:00:16] Speaker 6: Just a question. All right, one question. Sure, I think that's all I need. Were you a part of the recovery team? [03:00:23] Speaker 7: I was at the dock that day. [03:00:24] Speaker 6: Okay. [03:00:25] Speaker ?: You were. Fine. Um. Okay. Thank you. Okay. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Yeah. I'll drive. I'll leave. I'll drive. I'll drive. I'll leave. That must be. [03:00:40] Speaker 6: I'll see you next time. I'll see you next time. I'll see you next time. I'll see you next time. I'll see you next time. That's 2025. Do you recall, I received a, let me ask you this, do you recall what time it was that the actual reenactment was done? [03:01:54] Speaker 8: I'll have to look at my notes. [03:01:56] Speaker 6: Do you have your notes with you? I do. Why don't you take a look at those and look up at the end. We have your memory in the collection. [03:02:07] Speaker 8: Around 8:47 AM. [03:02:08] Speaker 6: So at 8:47 AM, is that when the actual runs with the vessel were done? I don't have that report with me. [03:02:18] Speaker 8: That was the timeframe that we started doing runs, but I don't know the full timeframe of how long. Okay. [03:02:23] Speaker 6: The group of persons that were going to be involved met at Bayfront Marina at about 8:00 AM that day. Is that right? Yes, sir. And so you're saying that about 8:47, you guys were out at the location? Yes, sir. And that's when the activity began, is that right? Yes, sir. Do you know what the tide was, the tide phase at that time? I do. On that day, what was it? [03:02:47] Speaker 8: It was a plus 1.75. I'm sorry. Plus 1.75. [03:03:02] Speaker 6: I think I want to show you one of the drone aerial footage that was taken on that day. Actually, take a look at that with me. Yes, sir. Before we look at the video, as I understand it, your testimony earlier was that you tried to follow the historic track that Mr. Pino's vessel took on the day of this accident as you possibly could. Is that correct? Yes, sir. And the track that you followed was based on the information that you took off or that you received from Mr. Pino's actual SIMRAD GPS device. Is that right? [03:03:54] Speaker 7: The information that was given to Paul Adler, yes. [03:03:57] Speaker 6: All right, and you were able to, it was actually you that was navigating, that was driving the test boat? Yes, sir. And you had that information, I presume, on the screen in front of you, the historic track, so that you could kind of steer on that, is that right? Mr. Adler did. Okay. You said, was Mr. Albert? Albert, sorry. Albert was driving the boat? No, he was present. [03:04:21] Speaker 8: Okay. [03:04:22] Speaker 6: My question, though, is that you were, how was it that you were able to drive on the close to the same track that Mr. Pino drove? [03:04:30] Speaker 7: He set the GPS buoys himself and instructed me to follow the buoys from one buoy to the next. Understood. [03:04:37] Speaker 6: And that was based on the historic tracks that were present on Mr. Pino's SIMRAD device? Yes. And you are comfortable or you were convinced that the buoys that Mr. Albert set up for you are consistent with the actual course that Mr. Pino drove on the day of his accident, is that correct? Yes, sir. Carlos, if you would, if you would call up S1001384, may Lieutenant Thompson come down? Yes. Yes, ma'am. So I'm going to play this through one time and we'll ask the questions about it. All right. Now, prior to, hold up for a second. Now, prior to viewing this, you and I met today and you authenticated for me that this video that you're about to see is an active representation of what took place that day. Is that correct? Yes, sir. [03:05:52] Speaker 2: Excuse me. Do we have what exhibit number this is? [03:05:54] Speaker 6: Yeah, it's 97. Thank you. [03:05:56] Speaker ?: Thank you. [03:05:57] Speaker 6: I want you to start again. Yes, sir. Hold up there for a second. So this is the vessel that you were operating? Yes, sir. And just for the sake of the record, what we're looking at here is a part of the Curve Bank Channel, correct? Yes, sir. All right. And can you see what the, I'm pointing at the channel marker here. Do you know what channel marker that is? 13A. And I'm pointing at another one in the red triangle? And the final channel marker is on the point of view? 15. 15 is the channel marker that was alive. Is that right? Yes, sir. Okay. Let's continue. Let's run that back again. Lieutenant Thompson, where your vessel appears at that moment at the 18 second time stamp, 13A is just to the left side of your vessel, is that right? Yes, sir. Now, there's plenty of space between your vessel and the 13A channel marker at that moment. Yes, sir. Continue, please. Stop it there. Now, at this point, just past the 13A channel marker, you are still within the Hunter Bank channel. Is that right? Yes, sir. And would you consider that the location of your vessel at that point is somewhere in the center of the Hunter Bank channel? Yes, sir. [03:08:40] Speaker ?: Yes, sir. Continue. And as your vessel is continuing now, that is more in line with the left side of the channel. Is that right? Yes, sir. [03:08:46] Speaker 6: Now, if there are no oncoming -- there are no oncoming boats present in that, all right? Yes, sir. And that's because the area has been essentially quarantined by other police vessels. Is that right? Yes, sir. [03:09:04] Speaker ?: Yes, sir. [03:09:04] Speaker 6: Yes, sir. There were no oncoming boats, as you said earlier, you were doing this, no oncoming boats at the time of the accident. Is that right? [03:09:18] Speaker ?: Rejection. Rejection. This is the same. [03:09:20] Speaker 6: And you are past channel marker 15 at that point, correct? Yes, sir. Yes, sir. And you are past channel marker 15 at that point, correct? Yes, sir. Yes, sir. And you are past channel marker 15 at that point, correct? Yes, sir. And you are past channel marker 15 at that point, correct? [03:09:30] Speaker 1: Yes, sir. [03:09:32] Speaker 6: And you are past channel marker 15 at that point, correct? Yes, sir. And you are past channel marker 15 at that point, correct? Yes, sir. Now, you were able to avoid alighting with channel marker 15, obviously, right? Yes, sir. And the reason that you were able to avoid alighting with it is because you were focused entirely on that channel marker. Correct. The very purpose that you were there was to conduct this experiment, if you will, is that right? Yes, sir. It's re-enacted, correct? Yes, sir. And so that's all that you were focused on? Right? I'm focused on all my surroundings while on the water. [03:10:19] Speaker 8: I'm making sure I'm not going to hit any other channel markers. I'm making sure the water depths are good, that my passengers are safe. I'm not just focused on that green marker. [03:10:28] Speaker 6: Sure, but because you were completely focused, as you said, on all of these things, you were able to approach that channel marker 15 at close to or at the same rate that Mr. Pino was able to, that Mr. Pino approached that, but you managed to avoid alighting with it, correct? Yes, sir. And that's because you saw it in front of you? Yes, sir. Correct. You saw it even before you got to the channel marker itself, is that fair to say? Yes, sir. And you were able to make the decision as you got closer to it, or in your case you turned slightly to the left in order to avoid the illusion, right? Yes, sir. And but for the fact that you were not distracted by anything else, you were able to safely get around channel marker 15, correct? Yes, sir. Yes, sir. [03:11:20] Speaker ?: Thank you. [03:11:20] Speaker 6: Thank you. [03:11:21] Speaker ?: Thank you. Thank you. Thank you. Just a final question for you, Lieutenant. [03:12:02] Speaker 6: You mentioned earlier, in response to my question about the tide. Tide, T-I-D-E, you mentioned my question about the tide that was present at the time that you conducted this recreation. Do you know what station that tide was measured from? No, sir. And I ask because, of course, different stations will have different tide levels, is that correct? Yes, sir. So what the tide might be in, you know, downtown Miami isn't necessarily where the tide is going to be in Coconut Grove, for example. [03:12:48] Speaker 8: It'll be pretty close based on the area, but it will be different. Okay. [03:12:52] Speaker 6: And I believe you said that the tide, as you recall, was plus 1.75, was that it? Yes, sir. And that means exactly what? [03:13:01] Speaker 8: There's a standard level that the sea level's at, and it goes up and down from there. So plus 1.75 would be 1.75 feet above that standard level. [03:13:13] Speaker 6: And was that considered the highest tide for that day? No, it was not. What was the high point tide? I do not know. Do you know what the low point tide was? I do not. [03:13:24] Speaker ?: All right. [03:13:25] Speaker 6: I have nothing further than thank you. I think so. [03:13:28] Speaker 1: Thanks. Thanks. [03:13:36] Speaker 2: Speaking of tides, the tide on the day that that recreation was done, you indicated the tide was what exactly? [03:13:45] Speaker 8: Plus 1.75. [03:13:47] Speaker 2: Did you ever research what the tide was at that location on September 4th, 2022 at about 6:30 PM? I did. What was it? [03:14:00] Speaker 8: The high tide of the day was at 4:48 PM, which was plus 2.2. The low tide was going to be at 11:33 PM, which is negative 0.7. So it would be somewhere between there, roughly around 1.5 feet. [03:14:19] Speaker 2: So at the time that the vessel, the vessel collision happened in this particular case, the tide was lower than it was during this recreation? It was. Now, in terms of what that means as far as how high up or down the water moves along that channel marker, when would the water have been higher up on the channel marker? On the day of the recreation or at the time of the crash? It was higher at the day of the recreation. So at the time of the crash, would more of the sign have been visible? It would have. I want to show you a picture. It's in evidence. It states exhibit number 10. Do you recognize from this investigation who is depicted in these photographs? More or less yes. And are a lot of these girls, the girls that were in fact on the vessel? Yes, ma'am. And let me ask you a question first off. Are they black or white? No. [03:15:17] Speaker 8: Huh? Colored picture. [03:15:19] Speaker 2: No, no, I'm sorry. We needed that on Friday. What is the race of these girls? Black, white? [03:15:28] Speaker 8: Mostly white. [03:15:29] Speaker 2: Okay. What about hair length? [03:15:32] Speaker 8: Longer hair for most of them. [03:15:35] Speaker 2: What are they wearing? [03:15:36] Speaker 8: String bikinis. [03:15:37] Speaker 2: Some of them are wearing sunglasses? [03:15:40] Speaker 8: Yes. [03:15:41] Speaker 2: Overall, do these girls kind of look alike? They do. So when Mr. Pino is trying to tell you where he remembers the individual girls were, maybe not so easy to distinguish them when they're wearing bathing suits? [03:16:03] Speaker 7: Correct. [03:16:07] Speaker 2: The defense asked you about Mr. Pino saying that he's traversed that area thousands of times. Were you taking him literally at that moment? No, ma'am. So like if I say to you, we've had thousands of sidebars in this trial. Do you think we've really walked over to the side of the judge's bench thousands of times? No. No. Do you know if when Mr. Pino told you that he had had two beers, do you know for sure if that's the truth? No. No. When he told you that there was this other vessel that caused this crash, do you know if that's the truth? [03:16:56] Speaker 8: No. [03:16:57] Speaker 2: Do you know whether he said that because he was misremembering what happened? [03:17:02] Speaker 8: No, ma'am. [03:17:03] Speaker 2: Do you know if maybe he said that because he wanted to blame somebody else for this crash? [03:17:07] Speaker 8: No, ma'am. [03:17:08] Speaker ?: No, ma'am. [03:17:09] Speaker 2: Do you know? No. [03:17:11] Speaker 8: Nothing else. [03:17:12] Speaker 2: All right. [03:17:13] Speaker ?: The witness is excused. [03:17:18] Speaker 1: Sir, you may be subject to recall. Yes ma'am. Thank you. Yes ma'am. Thank you. All right. Do you have a witness for today? Yes, my witness, I explained, we'll have to come back next week. [03:17:33] Speaker ?: And we'll explain what you're doing then. Yes. Okay. Thank you very much. All right. [03:17:41] Speaker 1: Ladies and gentlemen, we're going to end for today at this time. Please put your notepads on the side of your on-boards. I'm going over a couple of days now and it's very important that you continue to be vigilant with regard to my instructions. Protecting yourselves. No outside information, potential influence. Do not discuss this case with anyone. If anyone is curious about what you are doing or where you are, the response is, I'm sorry, I'm on a jury and that's all I can say. And that's that. Okay. Please do not speak with each other at all about this case. Don't speak with anyone else. Please don't conduct any research or investigation. Don't conduct your own experiments. Because none of that is evidence. If there is any evidence and equipment, that's all you can rely on. The instructions are for you on the left to ultimately reach your decision. Avoid contact. Anyone comes to try to speak with you or in your presence about your case, please avoid that. Anyone persists? Please report that to Renee and bring it to my attention. You think you see or hear anything in the news, social media, about this case? Even if you're not sure, don't wait and listen to try to find out. Ignore it. Okay. I'm going to ask you to return on Monday at 9:30. Please be here by 9:30. And report to the jury room on the seventh floor. Please, Mondays are busy with other people coming in for jury duty and other jury room. Please wait inside the jury room. Please wait inside the jury room. Spent already a week and a half, two weeks with them. But nobody is waiting for them to come up inside the jury room to bring everyone together to bring them into the courtroom. Again, please be here Monday at 9:30. Check in to the jury room on the seventh floor. And have a restful and pleasant weekend. They will see you out now. And take your arm close with me. Thank you. [03:20:36] Speaker ?: All right. [03:20:41] Speaker 1: And again, there's one piece that is important to allow the jury to exit and there was no way down the hall. [03:21:06] Speaker ?: All right, everyone can have a seat. [03:21:19] Speaker 1: A few things I just want to go over with all of you in preparation. I'm going to ask you things that I had mentioned before to the attorneys. I'm going to be looking at and working on the jury instructions this weekend. I'm going to be looking specifically at any special requested jury instructions. And that's going to include, I believe, the state has provided me with special requested instruction on the navigational rules. I'm going to be looking at that over the weekend. Okay? And I have from the defense proposed instructions which somewhat mirror, well, they do mirror, but they include additional requests that are not within the current standard instructions. And that's going to be very important for us to discuss all of this. So the sooner that we start looking at them and evaluating these current standard instructions for the manslaughter and for -- that's going to be homicide. Okay. So please work on that over the weekend. And let me know that I am looking not only in Florida because I know what the standard -- you see what the standard instructions are, but I'm looking, again, to act the state on that issue. And might or may not be looking outside the state of Florida because I'm not sure to what extent to request that have been made out of the special instruction from the state in addition to the additional language from -- the defense as special instructions, I think a lot of this could be matters of first impression. So I invite you to look even outside of the state of Florida at how other jurisdictions might address some of these issues that we have. No, we're going to have. It's not going to be surprised what it is. Okay? All right. That's the one thing. And the second thing is, in terms of where we're going as far as witnesses, we're going to have, I think, two additional witnesses from the state. Yes. Okay. Well, I expect it to be a good example, right? Correct. Will that be your first witness from Monday? [03:24:17] Speaker 2: I'm not sure. I need to speak with each of them to figure out -- [03:24:20] Speaker 1: All right, and then you can add the witness, the expert. Albert, A-L-B-E. Albert, as your expert witness. Okay. If there are any issues that you anticipate regarding that witness, Mr. Albert, or either of the witnesses, okay. If you would put me on notice through email as to what concerns might be raised, so we will discuss those before I would bring the jury up. As much as we can. Okay? Because that's been very helpful in terms of keeping our proceedings smooth. All right. So that's all I have, and that would be the end of the state's case, and then we would move forward. I will ask, and I don't -- I'm not going to comment because there's going to be defense motions at the close of the state's case. So if we do proceed, the defense should be ready to proceed with your witnesses for, I would imagine sometime after lunch, say, have your witnesses ready before 1:30 or so in the afternoon. Just if you are proceeding past the defense motion. Okay? Does anyone have anything you want to talk about now? Yes, Judge. [03:25:56] Speaker 2: Over one of the breaks, Mr. Shrebnik and I both signed off on a stipulation regarding the fact that the defendant's vessel was in operable condition on the day in question. I'd like to ask if that can be marked as a court exhibit and admitted into evidence. [03:26:15] Speaker 1: All right. [03:26:17] Speaker 2: It depends? [03:26:19] Speaker 1: Yes. [03:26:20] Speaker 3: I signed it, yes. [03:26:21] Speaker 1: Okay. So I'm going to go ahead and take it as a court exhibit, part as a stipulator, but then what I would do is, at the point in time that you asked me to publish that to the jury, I would publish it as a court exhibit, I would read them the instruction on stipulation, I would read that to them. Yes. Okay. Okay. That would be court exhibit. I'll leave it to you though to notify me. Yes. At what point you would like me to provide that information to the jury. [03:26:54] Speaker 2: Excellent. [03:26:55] Speaker 4: That would be court exhibit one. [03:26:57] Speaker 1: Court exhibit one. Yes. [03:26:59] Speaker 2: I am told that during my, I believe, redirect with Lieutenant Thompson, I could hear sound behind me, but I was focused on what I was doing. I am told that the defendant may have been muttering something along the lines of, it happens, it happens, it happens. I notice, you know, from being over on that side when I need to view the angle of the monitor screen, he's in very, very close proximity to the jurors. And I hope maybe somebody misunderstood what was taking place, but I did hear noise behind me. And so I just hope that the defendant is not doing something along those lines. Okay. [03:27:49] Speaker 1: You know, I have made some adjustments to the CV, and I did not hear anything. [03:27:57] Speaker 2: I'm sorry, do you have something you want to say to me? Why are you staring at me? Excuse me. I'm staring out there. I don't want to say anything. [03:28:03] Speaker 1: Excuse me. Ladies and gentlemen, we're not going to do this. Okay? I'm going to remind everyone, including not only people in the audience, but also specifically the parties, the attorneys as professionals, and Mr. Pino. We won't have this. No conversations, back and forth, and I'll remind counsel again to please make sure it's going to stick by Mr. Pino, because I'm not going to speak to Mr. Pino directly unless, of course, counsel has no issue with that. But I do not hear anything, but I'm reminding everyone that even gestures are inappropriate, so with any witness, and with anyone in the courtroom. So not only verbal, but any kind of gestures of anyone in this courtroom that could potentially be seen by the jury, and again, that includes Mr. Pino, that includes me, frankly. Okay, that the jury could see or hear, is improper. So, please, again, I did not hear anything, and I did not see anything, so I'm just going to give everyone, counsel, I'm going to speak to you. May I say something to your client? Of course. All right. Mr. Pino. Yes, Your Honor. I'm going to remind you to please maintain composure, and please no statements or whispering. Again, I didn't hear anything, and please refrain. I haven't seen anything from any kind of gestures or anything like that could potentially be seen by the jury, okay? [03:30:11] Speaker 7: Okay, Your Honor. Thank you very much. For the record, I haven't done any of those. Thank you very much, sir. Thank you. Thank you, Your Honor. [03:30:17] Speaker 1: That's all we need to do, and I think with that, we've concluded all proceedings. See you all at 9:30 on Monday, 14th. [03:30:27] Speaker ?: Thank you. 9/30. Thank you very much.