Speaker 2 (33:41):
... [inaudible 00:33:41] this place [inaudible 00:33:43]. Morning, your honor.
Judge (33:43):
Morning everybody, have a seat.
Speaker 1 (33:44):
Morning, your honor.
Judge (33:45):
All right. Can the parties identify themselves for the record please?
Chris Watson (33:48):
Chris Watson for the state. Good morning.
Judge (33:50):
Morning.
David Clifton (33:50):
Your Honor, David Clifton for the state.
Jon Raad (33:51):
Jon Raad for [inaudible 00:33:53], your honor.
Judge (33:55):
All right. Morning, Mr. Ouellette. Have a seat. All right. State is still presenting its case, and I believe Detective Pearson is next.
Judge (34:00):
... presenting its case. And I believe Detective Pearson is next.
Attorney Christian Watson (34:04):
Detective Bastos, we'll be calling him.
Judge (34:06):
Detective Bastos. Okay. Are we ready for the jury? State?
Attorney Christian Watson (34:13):
Yes, Your Honor.
Judge (34:13):
Okay. Thanks, Steph. Steph, behind my notebook, behind my...
Attorney Christian Watson (34:38):
And as we did yesterday, Your Honor, we've had several exhibits that witnesses will be testifying into today, pre-marked for identification, as defense counsel has indicated that they can be marked as full.
Judge (34:48):
Thank you. That's true, thank you, attorney-
Attorney Martin Minella (34:50):
[inaudible 00:34:53].
Judge (34:53):
Thank you, Attorney Minella.
Attorney Christian Watson (35:48):
[inaudible 00:35:48].
Judge (36:07):
All right, state stipulate?
Attorney Christian Watson (36:09):
Yes.
Judge (36:09):
All right. Good morning, ladies and gentlemen, have a seat. Welcome back. Make yourself comfortable, I'll give you a minute. All right. State is still presenting evidence and they're going to call their next witness. Attorney Watson?
Attorney Christian Watson (36:30):
State will call Detective Tyler Bastos to the stand.
Judge (36:34):
Good morning, sir.
Detective Tyler Bastos (36:56):
Good morning.
Speaker 3 (36:57):
Please raise your right hand. Do you solemnly swear or solemnly and sincerely affirm as the case may be, that the evidence you shall give concerning the case now in question shall be the truth, the whole truth, and nothing but the truth, so help you God upon penalty of perjury?
Detective Tyler Bastos (37:07):
Yes.
Speaker 3 (37:08):
And please state your full name, spelling your last name.
Detective Tyler Bastos (37:10):
Tyler Bastos, B-A-S-T-O-S.
Speaker 3 (37:13):
And please also state for the record your place of business and business address.
Detective Tyler Bastos (37:16):
Connecticut State Police Troop L. 452B Bantam Road, Litchfield.
Speaker 3 (37:21):
Thank you.
Judge (37:21):
Thank you, have a seat.
Attorney Christian Watson (37:23):
Before I begin, Your Honor, I just need to get some exhibits.
Judge (37:26):
Sure. Take your time.
Attorney Christian Watson (38:05):
Morning.
Detective Tyler Bastos (38:06):
Morning.
Attorney Christian Watson (38:08):
Now you previously testified that you were at the Bristol Hospital on the early morning hours of May 21st of 2023.
Detective Tyler Bastos (38:15):
Yes.
Attorney Christian Watson (38:15):
We're going to pick up from there, okay?
Detective Tyler Bastos (38:16):
Very good.
Attorney Christian Watson (38:17):
When you subsequently left the Bristol Hospital, where did you go?
Detective Tyler Bastos (38:20):
I went to the Ouellette residence.
Attorney Christian Watson (38:21):
And who else from Western District Major Crime went with you to the Ouellette residence?
Detective Tyler Bastos (38:26):
Detective Slaby and Detective Harrington.
Attorney Christian Watson (38:29):
And why'd you go to that location, sir?
Detective Tyler Bastos (38:30):
That is the address of Cooper and that's where the truck was found.
Attorney Christian Watson (38:33):
And what is the address?
Detective Tyler Bastos (38:35):
29 Harmony Hill Road in Harmington.
Attorney Christian Watson (38:39):
Okay. And is Harmony Hill Road a private residential house?
Detective Tyler Bastos (38:42):
Yes.
Attorney Christian Watson (38:43):
And when you arrived at that location, were other members of the Connecticut State Police there besides your unit?
Detective Tyler Bastos (38:47):
Yes.
Attorney Christian Watson (38:48):
And were those troopers?
Detective Tyler Bastos (38:50):
Yes.
Attorney Christian Watson (38:50):
Were they dressed in trooper uniforms?
Detective Tyler Bastos (38:52):
Yes.
Attorney Christian Watson (38:53):
And what were those individuals doing when you arrived?
Detective Tyler Bastos (38:56):
At the time, they were parked in the street, just watching the house, watching the vehicle, make sure no one came in or out of the vehicle.
Attorney Christian Watson (39:02):
And when you say vehicle, what vehicle are you referring to, sir?
Detective Tyler Bastos (39:05):
The black Dodge truck that was registered to Carrie Ouellette that Cooper was known to be driving.
Attorney Christian Watson (39:10):
And was that truck located at 29 Harmony Hill Road?
Detective Tyler Bastos (39:15):
Yes.
Attorney Christian Watson (39:15):
And where was it?
Detective Tyler Bastos (39:16):
In the driveway.
Attorney Christian Watson (39:18):
And I'll show you what's been marked as State's Exhibit 19 and 20. And they are full exhibits by stipulation. Is that the truck?
Detective Tyler Bastos (39:32):
Yes.
Attorney Christian Watson (39:33):
And that's State's Exhibit 19. Can you go to State's Exhibit 20, please? And [inaudible 00:39:42] Your Honor-
Unknown (39:42):
[inaudible 00:39:42].
Attorney Christian Watson (39:42):
Oh, I'm sorry.
Judge (39:42):
Okay.
Attorney Christian Watson (39:42):
Let me just try to turn it on for you. [inaudible 00:40:11]. Thank you, Detective.
Judge (40:20):
Thank you, Inspector Apicella.
Inspector Apicella (40:20):
Yes, sir.
Attorney Christian Watson (40:23):
Now, Detective Bastos, you had indicated that it was a Dodge truck.
Inspector Apicella (40:28):
Yes.
Attorney Christian Watson (40:28):
Looking at that photograph, does that refresh your recollection as to what type of truck it was?
Detective Tyler Bastos (40:31):
Yes.
Attorney Christian Watson (40:32):
And what is it?
Detective Tyler Bastos (40:33):
A Chevy Silverado 2500.
Attorney Christian Watson (40:34):
Thank you. And what time did the first trooper arrive at that location to observe the truck?
Detective Tyler Bastos (40:42):
Around 2:30, 2:45 in the morning.
Attorney Christian Watson (40:44):
Okay. And to your knowledge, while that trooper was on scene at that time, did he make contact with anyone that lived at that house?
Detective Tyler Bastos (40:50):
No.
Attorney Christian Watson (40:51):
And once you were at that location, did you make contact with anyone that lived at that house?
Detective Tyler Bastos (40:55):
Yes.
Attorney Christian Watson (40:56):
And who initiated that contact?
Detective Tyler Bastos (40:58):
That was Carrie Ouellette.
Attorney Christian Watson (41:00):
Okay. And what time did that take place?
Detective Tyler Bastos (41:01):
Around 6:30 in the morning.
Attorney Christian Watson (41:03):
And who did you make contact with?
Detective Tyler Bastos (41:05):
Carrie Ouellette.
Attorney Christian Watson (41:06):
And who is Carrie Ouellette to Cooper Ouellette?
Detective Tyler Bastos (41:09):
His mother.
Attorney Christian Watson (41:10):
And when you made contact with Carrie Ouellette, did you ask her if Cooper Ouellette was home?
Detective Tyler Bastos (41:14):
Yes.
Attorney Christian Watson (41:15):
And did you tell Carrie Ouellette that you wanted to speak with Cooper Ouellette?
Detective Tyler Bastos (41:18):
Yes.
Attorney Christian Watson (41:20):
And when you did that, was she cooperative with that request?
Detective Tyler Bastos (41:24):
No.
Attorney Christian Watson (41:25):
Okay. And can you describe that?
Detective Tyler Bastos (41:26):
She was very apprehensive, asking why and what and why we're outside of her house since 5:00 in the morning.
Attorney Christian Watson (41:32):
And what was her emotional state during that interaction?
Detective Tyler Bastos (41:35):
She had mixed emotions, anger, shock, confusion.
Attorney Christian Watson (41:39):
And when you were having a conversation with Carrie Ouellette, did you tell her that something happened with Cooper Ouellette and his girlfriend?
Detective Tyler Bastos (41:45):
Yes.
Attorney Christian Watson (41:46):
And did she acknowledge knowing about that incident?
Detective Tyler Bastos (41:48):
Yes.
Attorney Christian Watson (41:51):
And after you told her that, what did... Excuse me, strike that. After you told her that, did she ask you a question?
Detective Tyler Bastos (42:02):
Yes.
Attorney Christian Watson (42:02):
And what was that question, sir?
Detective Tyler Bastos (42:04):
Is she dead?
Attorney Christian Watson (42:07):
And did you tell her that she was?
Detective Tyler Bastos (42:09):
Eventually, yes.
Attorney Christian Watson (42:11):
And from the time you first made contact with her, how long had passed before she had asked you that question?
Detective Tyler Bastos (42:16):
Around 20 seconds.
Attorney Christian Watson (42:19):
And when you were at that location, how old was Cooper Ouellette?
Detective Tyler Bastos (42:22):
He's 18 years old.
Attorney Christian Watson (42:23):
Is that legal age in Connecticut to decide if you want to speak to the police?
Detective Tyler Bastos (42:26):
Yes.
Attorney Christian Watson (42:27):
Did you eventually get the chance to speak with Cooper Ouellette while you were at that location?
Detective Tyler Bastos (42:32):
Yes.
Attorney Christian Watson (42:33):
And where did you speak with him?
Detective Tyler Bastos (42:35):
In the three season room, front porch that connects the garage and main house.
Attorney Christian Watson (42:40):
Were you allowed into that location?
Detective Tyler Bastos (42:41):
Yes.
Attorney Christian Watson (42:43):
And who else from Western District Major Crime was with you inside that home?
Detective Tyler Bastos (42:47):
Detective Slaby and Detective Harrington.
Attorney Christian Watson (42:50):
And was Carrie Ouellette present as well?
Detective Tyler Bastos (42:53):
Yes.
Attorney Christian Watson (42:59):
Near the end of the conversation you had with Cooper Ouellette, did anyone else arrive at that house and come in?
Detective Tyler Bastos (43:04):
Yes.
Attorney Christian Watson (43:04):
And who was that, sir?
Detective Tyler Bastos (43:06):
At the time, Carrie Ouellette's significant other.
Attorney Christian Watson (43:08):
Okay. And on that day, were you wearing a body-worn camera?
Detective Tyler Bastos (43:12):
Yes.
Attorney Christian Watson (43:13):
And is a body-worn camera capable of recording both audio and video?
Detective Tyler Bastos (43:16):
Yes.
Attorney Christian Watson (43:17):
And where were you wearing that body-worn camera?
Detective Tyler Bastos (43:19):
Center mass on my chest.
Attorney Christian Watson (43:22):
And prior to your conversation with Cooper Ouellette inside of his residence, did you activate your body-worn camera?
Detective Tyler Bastos (43:26):
Yes.
Attorney Christian Watson (43:29):
And was your body-worn camera recording the entire time you were speaking with Cooper Ouellette?
Detective Tyler Bastos (43:33):
Yes.
Attorney Christian Watson (43:35):
And how did that conversation with Cooper Ouellette end?
Detective Tyler Bastos (43:38):
Carrie asked us to leave the room.
Attorney Christian Watson (43:40):
And when you were asked to leave the room, did you all go outside and wait?
Detective Tyler Bastos (43:43):
Yes.
Attorney Christian Watson (43:44):
Did you go outside of the house?
Detective Tyler Bastos (43:45):
Yes.
Attorney Christian Watson (43:46):
Did you comply with that request?
Detective Tyler Bastos (43:47):
Yes.
Attorney Christian Watson (43:51):
While you were speaking with Cooper Ouellette, did you notice anything about his clothing?
Detective Tyler Bastos (43:54):
Yes.
Attorney Christian Watson (43:54):
What did you notice, sir?
Detective Tyler Bastos (43:55):
There was some blood-like staining, blood-like substance on his clothing.
Attorney Christian Watson (43:59):
Now, as a result of seeing that, did you ask Carrie Ouellette to provide his clothing as evidence in this case?
Detective Tyler Bastos (44:04):
Yes.
Attorney Christian Watson (44:05):
And did she agree to that at first?
Detective Tyler Bastos (44:06):
At first, no.
Attorney Christian Watson (44:07):
Did you eventually obtain the clothing?
Detective Tyler Bastos (44:11):
Yes.
Attorney Christian Watson (44:14):
Now, was that truck that you had testified to secured and towed from that scene?
Detective Tyler Bastos (44:19):
Yes.
Attorney Christian Watson (44:20):
And when it was towed, where was it brought?
Detective Tyler Bastos (44:22):
It was brought to the Troop L barracks into the secure garage.
Attorney Christian Watson (44:25):
After you spoke with Cooper Ouellette, did you upload your body-worn camera and save it as part of this case file?
Detective Tyler Bastos (44:30):
Yes.
Attorney Christian Watson (44:31):
And prior to your testimony here today, did you review a portion of that body-worn camera footage?
Detective Tyler Bastos (44:36):
I did.
Attorney Christian Watson (44:37):
And did you review that in my office?
Detective Tyler Bastos (44:38):
Yes.
Attorney Christian Watson (44:39):
And after you reviewed that footage, did you place your initials on a tag attached to a thumb drive?
Detective Tyler Bastos (44:44):
Yes.
Attorney Christian Watson (44:45):
And is that a fair and accurate, what was on that thumb drive, a fair and accurate recording of the interview or the conversation you had with Cooper Ouellette?
Detective Tyler Bastos (44:55):
Yes.
Attorney Christian Watson (45:00):
Now, prior to your testimony here today, was a transcript made of that conversation that was had with Cooper Ouellette inside that house?
Detective Tyler Bastos (45:09):
Yes.
Attorney Christian Watson (45:10):
And did you take steps to verify the accuracy of that transcript?
Detective Tyler Bastos (45:13):
Yes.
Attorney Christian Watson (45:14):
And how did you do that, sir?
Detective Tyler Bastos (45:15):
I was provided the transcript and I compared it against my body-worn camera going line by line, person by person, about the conversation.
Attorney Christian Watson (45:21):
Did you make any necessary changes as you saw fit?
Detective Tyler Bastos (45:23):
Yes.
Attorney Christian Watson (45:25):
And does that transcript indicate all the parties that were speaking during that conversation?
Detective Tyler Bastos (45:31):
Yes.
Attorney Christian Watson (45:31):
And does it fairly and accurately depict what they said?
Detective Tyler Bastos (45:34):
Yes.
Attorney Christian Watson (45:36):
I'll show you what's been marked as State's Exhibit 70, full exhibit. Is that the transcript you're speaking of?
Detective Tyler Bastos (45:50):
Yes.
Attorney Christian Watson (45:50):
And how many pages is that document, sir?
Detective Tyler Bastos (45:52):
Four pages.
Attorney Christian Watson (45:53):
Now I'll show you what's marked as State's Exhibit 69. Is that the body-worn camera footage that you viewed inside of my office?
Detective Tyler Bastos (45:58):
Yes.
Attorney Christian Watson (46:01):
That's also a full exhibit as well.
Attorney Jonathan Raad (46:03):
Your Honor, I'm going to object to the transcript.
Judge (46:06):
I thought we'd discussed this issue prior to trial and that there was no objection.
Attorney Jonathan Raad (46:14):
We did, but Attorney Minella and myself evaluated the transcript, and we believe that the video is the best evidence and that the jury can clearly hear what's in the video.
Judge (46:24):
All right. Ladies and gentlemen, we're going to take a recess and we're going to discuss this, okay? Got it.
Attorney Christian Watson (46:26):
[inaudible 00:50:49]. Good morning, Your Honor.
Judge (50:48):
All right, we just met in chambers relative to the video of the, I believe, Mr. Ouellette's discussions or statement to Detective Bastos and the state police, and a transcript that was going to assist the jury relative to that video. Originally last week, it was brought to my attention that there was no objection. Today, there is objection to the transcript, I'm going to sustain your objection. You can argue to the jury what was said in that video, but they are going to do the video. Bring the jury in.
Attorney Christian Watson (51:24):
And we did ask in chambers if we could use it as demonstrative evidence and the court indicated no.
Judge (51:30):
That's correct.
Attorney Christian Watson (51:31):
Thank you.
Judge (52:59):
Parties stipulate-
Attorney Christian Watson (53:00):
Yes, Your Honor-
Judge (53:00):
... to the presence of the jury. Have a seat, ladies and gentlemen.
Attorney Christian Watson (53:02):
Yes, Your Honor.
Judge (53:04):
All right. Ladies and gentlemen, you're not going to get the transcript, but you're going to see the video, okay?
Attorney Christian Watson (53:07):
May we publish Exhibit 69?
Judge (53:07):
You may.
VIDEO: Carrie Ouellette (53:07):
Just come in this room.
VIDEO: Detective Tyler Bastos (53:07):
Cooper?
VIDEO: Speaker 3 (53:07):
[inaudible 00:53:07]. Hi, I'm Ryan.
VIDEO: Cooper Ouellette (53:07):
Nice to meet you.
VIDEO: Detective Tyler Bastos (53:11):
Tyler Bastos.
VIDEO: Cooper Ouellette (53:11):
Nice to meet you.
Speaker 4 (53:11):
[inaudible 00:53:33].
VIDEO: Cooper Ouellette (53:11):
Nice to meet you.
VIDEO: Detective Tyler Bastos (53:33):
So, obviously a lot happened last night with you and your girlfriend, right? So, we're kind of here to ask what happened with that.
VIDEO: Cooper Ouellette (53:41):
Yeah.
VIDEO: Detective Tyler Bastos (53:45):
We have a very generic story from her parents, we just talked to them at the hospital.
VIDEO: Cooper Ouellette (53:48):
Yeah.
VIDEO: Detective Tyler Bastos (53:52):
What happened? What was the...
VIDEO: Cooper Ouellette (53:55):
Came down, I was down off 72, almost on Route 6 side. Came down, everything was fine, we were talking about how we were going to hang out today, whatever. We always hang out on Sundays. We were driving home, she lives on Johnny Cake. Come down, I turn onto Johnny Cake, go up, I get onto Polydan and I don't know, I maybe drove for half a mile and she was like, "I need to throw up." Yeah, okay. Put my blinker on, I went to go pull over. Before I can even pull over, she just jumps out.
VIDEO: Detective Tyler Bastos (54:31):
[inaudible 00:54:32]?
VIDEO: Cooper Ouellette (54:31):
Oh yeah.
VIDEO: Detective Tyler Bastos (54:34):
About how fast you had to...
VIDEO: Cooper Ouellette (54:36):
I mean, I was maybe doing 30 tops, and before I could even get to the truck to slow down, I mean, probably doing 10 miles an hour. So, I mean, yeah, she jumped out at 10 miles an hour. It doesn't seem like it's that fast, but somebody jumps out at 10 miles an hour, it's still moving.
VIDEO: Detective Tyler Bastos (54:56):
How did she fall? Was it like she catch herself running a little bit? [inaudible 00:55:01]-
VIDEO: Cooper Ouellette (55:01):
I mean, she kind of prepared herself to jump out. I unlocked the door, and when she went to go jump out, she was facing out of the truck, so she did jump out.
VIDEO: Detective Tyler Bastos (55:17):
Did she hit anything like the mailbox posts, rock wall, grass area?
VIDEO: Cooper Ouellette (55:23):
Yeah. That's the thing, I was trying to pull over to get off the road a little bit, so if she did jump out... I mean, where I pulled over, there was no houses. So, when she jumped out, it was out there if she jumped out.
VIDEO: Detective Tyler Bastos (55:36):
Okay. Yeah. So, we're just going to need almost like a detailed statement from you from everything that happened. If you're willing to come back to the barracks with us.
VIDEO: Carrie Ouellette (55:45):
No. Not until your father gets here or lawyer gets here, I'm sorry.
VIDEO: Detective Tyler Bastos (55:51):
All right. So, [inaudible 00:55:52] grab a seat, if you don't mind.
VIDEO: Cooper Ouellette (55:53):
Yeah.
VIDEO: Detective Tyler Bastos (55:55):
So, the reason why we got called out, obviously they're very severe injuries, the ultimate reason why we got called out, she passed away.
VIDEO: Cooper Ouellette (56:11):
Are you serious?
VIDEO: Detective Tyler Bastos (56:11):
Yes. So, that's why we got called out. We're trying to get the full story of everything that went on, we only have, from what her parents actually know, you spoke to them and-
VIDEO: Cooper Ouellette (56:22):
Wait, are you serious?
VIDEO: Detective Tyler Bastos (56:23):
Yes.
VIDEO: Cooper Ouellette (56:23):
[inaudible 00:56:32]?
VIDEO: Detective Tyler Bastos (56:32):
No. And we don't know the extent of what actually caused it, we don't have that report, so we don't know.
VIDEO: Carrie Ouellette (56:37):
This is not happening. You recognize that, right? Okay. They were going to get married. Okay? She has their baby names picked out. How can this be? I don't understand this, I'm sorry. I'm 50 years old, I don't get this. What did she die of again?
VIDEO: Detective Tyler Bastos (57:22):
We don't have the exact... We don't have that report of what... She was pronounced at 12:45, 12:50-ish.
VIDEO: Carrie Ouellette (57:28):
12:50-ish. He got home at 12:24. How did she even get to the hospital that fast?
VIDEO: Detective Tyler Bastos (57:35):
Again, I can't sit here and tell you the exact reason. [inaudible 00:57:44].
Unknown (57:38):
[inaudible 00:57:46].
VIDEO: Detective Tyler Bastos (57:38):
[inaudible 00:57:53].
VIDEO: Carrie Ouellette (57:59):
What do you want him to do at the barracks?
VIDEO: Detective Tyler Bastos (58:05):
Basically, we sit down and kind of go over details of... So, what we normally do is a 24-hour background, right? So, everything leading up to the events, what happened, what happened afterwards. So, that's basically what we go back to the barracks for. Kind of sit down, it's a controlled environment, type everything up, reads it, signs to it, saying this is the truth, everything that's happened, everything. It's kind of a formality, but it's just contesting everything that you're saying is the truth. Which we believe you, but it's just something we have to do as far the statements [inaudible 00:58:42].
VIDEO: Carrie Ouellette (58:42):
Okay.
VIDEO: Detective Tyler Bastos (58:43):
And we're going to find out more about the injuries and stuff like that [inaudible 00:58:53].
VIDEO: Carrie Ouellette (58:53):
Cooper, she walked into the house, right?
VIDEO: Cooper Ouellette (58:55):
Well, so when she jumped out, obviously I'm like, holy fuck, she just jumped out. So, I mean, I stoved the brakes in, I mean, I stopped within three feet of where the truck was. I threw it in park, I jumped out, I said, "Sophie, are you okay?" She said, "Yeah, I'm fine." I said, "Come on, you need to go home." So, I picked her up and I put her in my truck and I said, "Do you still need to throw up?" And she said, "No, I'm fine now, let's go." Okay. So, I got her in my truck, and literally, I mean, I could spit in her house from where we were. So, I drove down her driveway, and by the time I got down her driveway, she was just completely out of it. All of a sudden she wasn't responding.
VIDEO: Carrie Ouellette (59:55):
Okay. All right. Okay. All right. I know. I know. I know. I know. I know. All right, I'm going to have you guys go back outside, I'm going to call our lawyer and see what we need to do.
VIDEO: Detective Tyler Bastos (01:00:07):
Okay.
VIDEO: Carrie Ouellette (01:00:13):
Okay. I'm sorry. [inaudible 01:00:19].
VIDEO: Detective Tyler Bastos (01:00:13):
Don't. Don't.
Attorney Christian Watson (01:00:21):
Were you the person in that video having the majority of the conversation with Cooper Ouellette?
Detective Tyler Bastos (01:00:25):
Yes.
Attorney Christian Watson (01:00:26):
And was Detective Harrington displayed in that video?
Detective Tyler Bastos (01:00:28):
Yes.
Attorney Christian Watson (01:00:29):
And how about Carrie Ouellette?
Detective Tyler Bastos (01:00:31):
Yes.
Attorney Christian Watson (01:00:33):
Now, near the start of your conversation with Cooper Ouellette when you were inside of his home, where did he tell you Sophie lived?
Detective Tyler Bastos (01:00:38):
On Johnny Cake.
Attorney Christian Watson (01:00:40):
And does Sophie live or did Sophie live on Johnny Cake Mountain Road?
Detective Tyler Bastos (01:00:43):
No.
Attorney Christian Watson (01:00:45):
Where did she live?
Detective Tyler Bastos (01:00:46):
On Field View.
Attorney Christian Watson (01:00:49):
Okay. And I'm going to show you what's been marked as State's Exhibit two, it's already a full exhibit. And can you see that displayed there, Detective?
Detective Tyler Bastos (01:01:06):
Yes.
Attorney Christian Watson (01:01:06):
From Johnny Cake Mountain Road, what road did Cooper Ouellette say he turned onto when you spoke with him?
Detective Tyler Bastos (01:01:11):
Polydan.
Attorney Christian Watson (01:01:14):
And is Polydan Road this road right here that says Polydan?
Detective Tyler Bastos (01:01:16):
Yes.
Attorney Christian Watson (01:01:22):
And when he was driving on Polydan, how fast did he say he was going?
Detective Tyler Bastos (01:01:26):
30 miles an hour.
Attorney Christian Watson (01:01:28):
When you spoke with Cooper Ouellette, where did he indicate that Sophie, using his words, jumped out of the truck?
Detective Tyler Bastos (01:01:35):
The spot where it dips in the road where there's no houses. So, if I can use this... Right around here, you see the road kind of curves, that's a dip in the road. There's no houses, it's a heavily wooded area.
Attorney Christian Watson (01:01:45):
And may the record reflect he's circling the dip in the road on Polydan, it's up-
Judge (01:01:50):
Records will reflect.
Attorney Christian Watson (01:01:50):
... top portion of the exhibit. Did Cooper Ouellette tell you that he unlocked the door before the truck stopped on Polydan?
Detective Tyler Bastos (01:01:59):
Yes.
Attorney Christian Watson (01:02:02):
And did he say that there's no houses in that area on Polydan?
Detective Tyler Bastos (01:02:05):
Yes.
Attorney Christian Watson (01:02:12):
And now, based upon the fact that Cooper Ouellette indicated that she separated from the truck on Polydan Road where there's no houses, did your unit go to that area or that dip in the roadway and look for items of evidentiary value?
Detective Tyler Bastos (01:02:23):
Yes.
Attorney Jonathan Raad (01:02:24):
I'm going to object, Your Honor. At this point, it's leading.
Judge (01:02:25):
I'm going to overrule that.
Detective Tyler Bastos (01:02:25):
Yes.
Attorney Christian Watson (01:02:31):
And when you did that, did you find any evidence that supported that notion?
Detective Tyler Bastos (01:02:35):
No.
Attorney Christian Watson (01:02:39):
And what did Cooper Ouellette tell you he did with the truck when Sophie separated from it?
Detective Tyler Bastos (01:02:45):
He said he stoved the brakes.
Attorney Christian Watson (01:02:47):
And when you were in that area on Polydan Road where that dip is, and you searched that area, did you find any evidence of skid marks?
Detective Tyler Bastos (01:02:54):
No.
Attorney Christian Watson (01:02:56):
And did your unit eventually locate the actual place that Sophie separated from Cooper Ouellette's truck?
Detective Tyler Bastos (01:03:01):
Yes.
Attorney Christian Watson (01:03:02):
Where was that, sir?
Detective Tyler Bastos (01:03:04):
Just outside of 30 Field View, I can show you. Right around this bend here.
Attorney Christian Watson (01:03:10):
Okay. And may the record reflect he's circling the area at the bottom of Field View Drive. On the exhibit, it would be in the lower left-hand corner of Field View Drive. Is that correct, sir?
Detective Tyler Bastos (01:03:26):
Yes.
Judge (01:03:26):
All right. Record will reflect that.
Attorney Christian Watson (01:03:31):
And is that near on the location of where Sophie lived?
Detective Tyler Bastos (01:03:36):
Yes.
Attorney Christian Watson (01:03:41):
When you spoke with Cooper Ouellette that morning, did he mention where they were that evening prior to coming home?
Detective Tyler Bastos (01:03:47):
No.
Attorney Christian Watson (01:03:48):
Did he ever mention the Schultz Corporation?
Detective Tyler Bastos (01:03:50):
No.
Attorney Christian Watson (01:03:50):
Did he ever mention drinking alcohol that night?
Detective Tyler Bastos (01:03:53):
No.
Attorney Christian Watson (01:03:54):
What were the only speeds of the truck that Cooper Ouellette provided to you?
Detective Tyler Bastos (01:03:58):
Said 30 miles an hour on Polydan to the 10 miles an hour.
Attorney Christian Watson (01:04:02):
Thank you. May I have a moment? Now, on Field View Drive where you had indicated where Sophie had actually separated from the truck, are there houses in that area?
Detective Tyler Bastos (01:04:19):
Yes.
Attorney Christian Watson (01:04:22):
Are there any houses in the area on Polydan Road where the dip is?
Detective Tyler Bastos (01:04:24):
No.
Attorney Christian Watson (01:04:28):
I have nothing further. Thank you.
Attorney Jonathan Raad (01:04:32):
One moment, your honor.
Detective Tyler Bastos (01:04:33):
Yep. Take your time.
Speaker 5 (01:04:33):
[inaudible 01:04:54].
Judge (01:04:33):
Pardon me?
Speaker 5 (01:04:33):
[inaudible 01:04:41].
Judge (01:04:54):
Your mute button is being held down by the computer.
Attorney Jonathan Raad (01:04:55):
Thank you.
Judge (01:04:58):
Is that better?
Speaker 5 (01:05:00):
Yes.
Judge (01:05:00):
Thank you.
Attorney Jonathan Raad (01:05:05):
Officer, who was the primary investigator in this case?
Detective Tyler Bastos (01:05:09):
Detective Slaby.
Attorney Jonathan Raad (01:05:09):
Okay. And can you tell us roughly with regard to this case, how long you've worked with Detective Slaby?
Detective Tyler Bastos (01:05:17):
At the time of the case, I forgot when he started in the unit, but about a year or so, I guess.
Attorney Jonathan Raad (01:05:24):
Okay. And what does a lead investigator do typically with regard to a case like this?
Detective Tyler Bastos (01:05:29):
Typically, one of us is assigned the lead of a case, we kind of just oversee the case and send people to do different tasks and kind of gather all the information, put it all together for it to present to court.
Attorney Jonathan Raad (01:05:37):
Would you say that he reads your reports?
Detective Tyler Bastos (01:05:40):
I can't confirm that, I don't know if he does does not.
Attorney Jonathan Raad (01:05:43):
Do you know if he read any of your reports in this case?
Detective Tyler Bastos (01:05:47):
I can't say. I don't know.
Attorney Jonathan Raad (01:05:48):
How many times would you say you discussed this case with Detective Slaby?
Detective Tyler Bastos (01:05:52):
We were working hand in hand heavily in the beginning, so quite a few.
Attorney Jonathan Raad (01:05:56):
So, daily conversations?
Detective Tyler Bastos (01:05:57):
Yes, we worked out of the same office.
Attorney Jonathan Raad (01:05:59):
Emails?
Detective Tyler Bastos (01:06:00):
I believe so.
Attorney Jonathan Raad (01:06:01):
Did you keep him apprised of what was going on in this case?
Detective Tyler Bastos (01:06:05):
Yes.
Attorney Jonathan Raad (01:06:07):
Okay. You testified earlier that when you responded to the Ouellette residence, that Carrie was apprehensive, correct?
Detective Tyler Bastos (01:06:13):
Correct.
Attorney Jonathan Raad (01:06:14):
She welcomed you into her home, correct?
Detective Tyler Bastos (01:06:16):
Correct.
Attorney Jonathan Raad (01:06:16):
Did she ever tell you in the beginning, "Wait outside, wait until my husband gets here"?
Detective Tyler Bastos (01:06:23):
She told us to wait outside when she went to speak with Cooper, she told us that.
Attorney Jonathan Raad (01:06:26):
But she didn't say you can't come inside, correct?
Detective Tyler Bastos (01:06:29):
While she was speaking with Cooper, we were not invited in, so I assume I was not invited in, but eventually she did invite us into that breezeway, three season room area.
Attorney Jonathan Raad (01:06:35):
Okay. At no point in time did you tell Carrie that Sophie passed away?
Detective Tyler Bastos (01:06:42):
She knew, yes.
Attorney Jonathan Raad (01:06:44):
That's not what I asked. I asked did you tell her if she passed away?
Detective Tyler Bastos (01:06:48):
I told her she died. I didn't say passed away, I said she died.
Attorney Jonathan Raad (01:06:51):
So, when did Carrie know from you that Sophie passed away?
Detective Tyler Bastos (01:06:54):
20 seconds after speaking with me.
Attorney Jonathan Raad (01:06:56):
Outside?
Detective Tyler Bastos (01:06:57):
Correct.
Attorney Jonathan Raad (01:06:59):
Okay. And when you went inside, how would you describe Cooper's demeanor?
Detective Tyler Bastos (01:07:05):
When we first got there, he shook our hands, he was very polite, staggered a bit, but it was early in the morning.
Attorney Jonathan Raad (01:07:12):
Okay. He answered every question that you asked him, correct?
Detective Tyler Bastos (01:07:15):
Correct.
Attorney Jonathan Raad (01:07:16):
Okay. And did you see him cry?
Detective Tyler Bastos (01:07:19):
Appeared to be, yes.
Attorney Jonathan Raad (01:07:20):
Okay. And how did you first get involved in this case?
Detective Tyler Bastos (01:07:24):
I was tasked by, at the time, Sergeant Hazen to respond to the hospital and start investigating, I guess.
Attorney Jonathan Raad (01:07:31):
You said start investigating, what's step one?
Detective Tyler Bastos (01:07:34):
Step one is to respond to where I'm told, and that was the hospital with where Sophie was and her parents.
Attorney Jonathan Raad (01:07:39):
All right. And then from when you were at the hospital until you made contact with the family, how long would you say that was?
Detective Tyler Bastos (01:07:45):
I believe it was about two hours. I think I got to the hospital around 4:30 and got to Cooper's at 6:30.
Attorney Jonathan Raad (01:07:49):
Okay. So, two hours. Is that protocol to let that much time go by before speaking with somebody, a suspect at the time?
Detective Tyler Bastos (01:08:00):
We don't have protocols of when to speak with people. I respond to the hospital.
Detective Tyler Bastos (01:08:00):
We don't have protocols of when to speak with people. I respond to the hospital. We have to deal with... I'm only one person. I can't be in two places at once. So we spoke with the family to gather some sort of what's going on, because at that point we did not know what exactly happened. It was just the initial part of the investigation to speak with the family. What happened? How did we get here? Why am I called out? And then from there, we start the game plan. And we knew Cooper was at his house, so then next course of business was to speak to him and...
Attorney Jonathan Raad (01:08:28):
Okay. Were you keeping Detective Slaiby apprised of all this?
Detective Tyler Bastos (01:08:32):
He was with me.
Attorney Jonathan Raad (01:08:32):
He was with you. How long was he with you?
Detective Tyler Bastos (01:08:36):
We drove separate cars. We have our own vehicles, but wherever I was on scene, as you saw, he was there.
Attorney Jonathan Raad (01:08:40):
Okay. He was at the hospital with you, correct?
Detective Tyler Bastos (01:08:42):
Correct.
Attorney Jonathan Raad (01:08:43):
All right. And you photographed Sophie and her belongings, correct?
Detective Tyler Bastos (01:08:47):
Correct.
Attorney Jonathan Raad (01:08:48):
Okay. And you wrote a report based on the work you performed?
Detective Tyler Bastos (01:08:52):
Yes.
Attorney Jonathan Raad (01:08:55):
Okay. Do you recall naming that report Fatal Motor Vehicle Accident?
Detective Tyler Bastos (01:09:04):
I'd have to see my report for recollection. I can't confirm that.
Attorney Jonathan Raad (01:09:07):
If I were to show you a copy of your report, would that refresh your recollection?
Attorney Christian Watson (01:09:10):
This is outside the scope of direct examination.
Attorney Jonathan Raad (01:09:15):
The one right here.
Judge Chris Pelosi (01:09:16):
Sure. What are you offering it for?
Attorney Jonathan Raad (01:09:19):
He testified that he wrote a report-
Attorney Christian Watson (01:09:20):
It goes to [inaudible 01:09:21].
Attorney Jonathan Raad (01:09:21):
... of this investigation. He's there from the hospital to Ouellette residence, that he investigated the collision, the accident.
Judge Chris Pelosi (01:09:25):
Okay. So he's answered all yes to those questions.
Attorney Jonathan Raad (01:09:34):
I can rephrase.
Judge Chris Pelosi (01:09:36):
Thank you. Go ahead.
Attorney Jonathan Raad (01:09:36):
Do you recall classifying this as a motor vehicle accident?
Attorney Christian Watson (01:09:39):
I renew my same objection.
Attorney Jonathan Raad (01:09:42):
I'm trying to give it to [inaudible 01:09:43]
Judge Chris Pelosi (01:09:42):
I'll overrule it.
Attorney Jonathan Raad (01:09:46):
May I approach?
Judge Chris Pelosi (01:09:47):
Ask him if he recalls.
Attorney Jonathan Raad (01:09:48):
Do you recall naming this in your report Motor Vehicle Accident?
Detective Tyler Bastos (01:09:54):
I could have. I do not recall exactly what I put.
Attorney Jonathan Raad (01:09:56):
If I were to show you a copy of your report, would that refresh your recollection?
Detective Tyler Bastos (01:10:00):
Yes.
Attorney Jonathan Raad (01:10:00):
May I approach him?
Detective Tyler Bastos (01:10:00):
You may.
Attorney Jonathan Raad (01:10:00):
It's right here.
Detective Tyler Bastos (01:10:00):
Mm-hmm.
Attorney Jonathan Raad (01:10:09):
Did that refresh your recollection?
Detective Tyler Bastos (01:10:11):
It does.
Attorney Jonathan Raad (01:10:11):
Okay. In your report, did you refer to this as a motor vehicle accident?
Detective Tyler Bastos (01:10:17):
At the time, yes.
Attorney Jonathan Raad (01:10:19):
May I have a moment, Your Honor?
Judge Chris Pelosi (01:10:20):
You may.
Attorney Jonathan Raad (01:10:20):
[inaudible 01:10:20].
Attorney Christian Watson (01:10:20):
I don't have any follow-up preps.
David Clifton (01:10:29):
Okay. That's fine.
Attorney Jonathan Raad (01:10:45):
Do you agree that it's important in a case like this to immediately speak to the driver of the vehicle that's involved in a motor vehicle accident?
Detective Tyler Bastos (01:10:53):
It's one of the first priorities we have, yes.
Attorney Jonathan Raad (01:10:55):
One of the first priorities. Do you typically let two hours go by before you do that?
Detective Tyler Bastos (01:11:00):
Like I said, there's no typical or protocol. Every case is different on its surface. We speak to both parties involved. So in this case, we could not speak with Sophie, so we spoke to her parents, who were at the hospital.
(01:11:12)
We got called by Bristol Hospital that notified that someone passed and the circumstances behind it. So we responded there to get some sort of story started and kind of what happened. And then we then proceeded... Immediately from the hospital we went to the Ouellette residence to speak with Cooper.
Attorney Jonathan Raad (01:11:28):
You're not a one-man army, correct?
Detective Tyler Bastos (01:11:29):
Correct, sir.
Attorney Jonathan Raad (01:11:30):
Right. And then you testified that Detective Slaiby was pretty involved in this. He's the lead detective, correct?
Detective Tyler Bastos (01:11:35):
Yes.
Attorney Jonathan Raad (01:11:35):
All right. Isn't it true that somebody else could have made contact with Cooper and not let two hours go by?
Detective Tyler Bastos (01:11:43):
Someone could have, correct.
Attorney Jonathan Raad (01:11:44):
Someone could have, correct?
Detective Tyler Bastos (01:11:45):
Yeah.
Attorney Jonathan Raad (01:11:45):
Why didn't somebody make contact with Cooper early on, if that's your protocol?
Detective Tyler Bastos (01:11:50):
I never said my protocol.
Attorney Jonathan Raad (01:11:52):
You testified that it was, correct me if I'm wrong, but it's important to have immediate contact, correct?
Detective Tyler Bastos (01:11:58):
I don't believe I said immediate contact. I said it's one of the first priorities, correct.
Attorney Jonathan Raad (01:12:01):
One of the first priorities.
Detective Tyler Bastos (01:12:02):
Yes.
Attorney Jonathan Raad (01:12:03):
Okay. So that's priority number one is make contact with the driver, correct?
Detective Tyler Bastos (01:12:07):
Correct.
Attorney Jonathan Raad (01:12:08):
Okay. You just testified that there were multiple people working with you. So isn't it true that one of them, Detective Slaiby perhaps, could have met with the driver earlier than two hours?
Detective Tyler Bastos (01:12:21):
As you saw, there was only three of us there, so there was a lot to do at the hospital scene. So from there we immediately went to Cooper Ouellette's. I guess, I'm sorry, I'm kind of confused on your question.
Attorney Jonathan Raad (01:12:30):
Yes or no. Could somebody have met with Cooper sooner than two hours?
Detective Tyler Bastos (01:12:35):
No, we couldn't get there until two hours after we spoke with the parents.
Attorney Jonathan Raad (01:12:38):
It's your testimony that everybody in your squad with everybody... Let me rephrase. It's your testimony that you didn't have the manpower to send somebody to meet with the driver sooner if that's priority number one?
Detective Tyler Bastos (01:12:52):
I never said it was priority number one.
Attorney Jonathan Raad (01:12:53):
You said it was your main priority.
Detective Tyler Bastos (01:12:54):
I said it's one of the priorities. One of the top priorities, yes. Speak to both people involved, which we were doing that.
Attorney Jonathan Raad (01:13:02):
Okay. After two hours went by. So could you have sent somebody to speak to Cooper earlier, yes or no?
Detective Tyler Bastos (01:13:06):
I can't send anyone to do that. I'm a detective. I'm not a supervisor.
Attorney Jonathan Raad (01:13:10):
I'll rephrase. Could somebody in your department have spoken to Cooper earlier than two hours, yes or no?
Detective Tyler Bastos (01:13:16):
Yes.
Attorney Jonathan Raad (01:13:31):
Okay. [inaudible 01:13:31]. At some point, did you ever ask Cooper to take a urine or blood test?
Detective Tyler Bastos (01:13:35):
No.
Attorney Jonathan Raad (01:13:36):
Okay. Did you ask him if he was drinking that evening?
Detective Tyler Bastos (01:13:43):
I did not. I don't believe so. I don't believe so.
Attorney Jonathan Raad (01:13:46):
Okay. Could you have? Could you have asked him to take a blood or urine test?
Detective Tyler Bastos (01:13:52):
At the time, I mean, it's multiple hours after the alleged incident at midnight or whatever the time this happened. So outside the scope of two hours, probably not.
Attorney Jonathan Raad (01:14:13):
No further questions.
Attorney Christian Watson (01:14:17):
Detective, when you were dispatched to the Bristol Hospital, did you have information that Cooper Ouellette was involved in this incident before you were dispatched to the Bristol Hospital?
Detective Tyler Bastos (01:14:29):
I don't recall.
Attorney Christian Watson (01:14:31):
Okay. Did you get information from speaking with Sophie's parents that she was with Cooper Ouellette?
Detective Tyler Bastos (01:14:37):
Yes.
Attorney Christian Watson (01:14:38):
And is that information what led you to find out where Cooper Ouellette lived?
Detective Tyler Bastos (01:14:43):
Yes.
Attorney Christian Watson (01:14:44):
And you received that information, or did you receive that information from Sophie's parents?
Detective Tyler Bastos (01:14:49):
Yes.
David Clifton (01:14:54):
We don't have-
Attorney Christian Watson (01:14:54):
Nothing further. Thank you.
Attorney Jonathan Raad (01:14:54):
Nothing further.
Judge Chris Pelosi (01:14:55):
All right. Thank you, Detective Bastos. I appreciate it. Please don't discuss your testimony today, all right?
Detective Tyler Bastos (01:15:00):
Yes, sir.
Judge Chris Pelosi (01:15:01):
Be careful stepping down. Thank you, guys.
Attorney Christian Watson (01:15:02):
Jamie?
Attorney Jonathan Raad (01:15:02):
[inaudible 01:15:18].
Judge Chris Pelosi (01:15:41):
All right. Your witness is behind. Okay.
Attorney Christian Watson (01:15:45):
Yes. We'll be calling Sergeant Jamie Pearston to the stand.
Judge Chris Pelosi (01:15:48):
Good morning, Captain.
Sergeant Jamie Pearston (01:15:48):
Morning.
Judge Chris Pelosi (01:15:48):
Raise your right hand.
Court Reporter (01:16:01):
Do you solemnly swear or solemnly and sincerely affirm as the case may be that the evidence you shall give concerning the case now in question shall be the truth, the whole truth, and nothing but the truth, so help you God upon penalty of perjury?
Sergeant Jamie Pearston (01:16:10):
I do.
Court Reporter (01:16:11):
And please state your full name, spelling your last name.
Sergeant Jamie Pearston (01:16:13):
Sergeant Jamie Pearston, J-A-M-I-E, Pearston, P-E-A-R-S-T-O-N.
Court Reporter (01:16:19):
And please also state for the record your place of business and business address.
Sergeant Jamie Pearston (01:16:22):
The Department of Emergency Services and Public Protection, 1111 Country Club Road, Middletown, Connecticut.
Court Reporter (01:16:28):
Thank you.
Judge Chris Pelosi (01:16:32):
Thank you. Sergeant Pearston, have a seat. All right. State?
Attorney Christian Watson (01:16:33):
Thank you. Sergeant Pearston, there's several exhibits. They've been pre-marked as identification and consented as full exhibits. They appear in front of you. When I refer to one of them, I would just ask that you find that one and look at it, okay?
Sergeant Jamie Pearston (01:16:43):
Yes.
Attorney Christian Watson (01:16:43):
And then we'll populate it to the screen that is over my shoulder and the screen that is in front of me. When did you become a Connecticut State Trooper?
Sergeant Jamie Pearston (01:16:54):
2008.
Attorney Christian Watson (01:16:55):
And what type of training did you receive in order to be one?
Sergeant Jamie Pearston (01:16:58):
I attended the Connecticut State Police Residential Training Academy for approximately six months.
Attorney Christian Watson (01:17:03):
And do you keep current in your yearly obligations for training?
Sergeant Jamie Pearston (01:17:08):
Yes.
Attorney Christian Watson (01:17:08):
And what is your current assignment with the Connecticut State Police?
Sergeant Jamie Pearston (01:17:11):
I'm a sergeant in Western District Major Crime.
Attorney Christian Watson (01:17:13):
And what does a sergeant in Western District Major Crime do?
Sergeant Jamie Pearston (01:17:16):
I currently supervise the criminal investigations detectives for both Troop L. Litchfield and Troop B in North Canaan.
Attorney Christian Watson (01:17:24):
And how long have you been assigned to that position?
Sergeant Jamie Pearston (01:17:27):
I've been a sergeant in Major Crime since 2021.
Attorney Christian Watson (01:17:30):
Okay. Now, as part of your duties at Western District Major Crime, have you had the occasion to investigate crimes involving the death of someone?
Sergeant Jamie Pearston (01:17:40):
Yes.
Attorney Christian Watson (01:17:40):
And how many times have you had the occasion to do that?
Sergeant Jamie Pearston (01:17:44):
Dozens a year.
Attorney Christian Watson (01:17:46):
Okay. In the time that you've been assigned to the Western District Major Crime, have you had the occasion to process vehicles that were seized pursuant to a search and seizure warrant?
Sergeant Jamie Pearston (01:17:53):
Yes.
Attorney Christian Watson (01:17:54):
And have you received training in order to do that?
Sergeant Jamie Pearston (01:17:56):
I have.
Attorney Christian Watson (01:17:58):
And when a vehicle is processed, are photographs taken?
Sergeant Jamie Pearston (01:18:00):
Yes.
Attorney Christian Watson (01:18:00):
And when a vehicle is processed, are items of evidentiary value taken into evidence and made part of the case file?
Sergeant Jamie Pearston (01:18:06):
Yes.
Attorney Christian Watson (01:18:07):
Were you assigned to Western District Major Crime in May, June, and July of 2023?
Sergeant Jamie Pearston (01:18:12):
Yes, I was.
Attorney Christian Watson (01:18:13):
And during that time frame, was Western District Major Crime investigating the death of a teenage female that occurred in Burlington in May of 2023?
Sergeant Jamie Pearston (01:18:23):
Yes.
Attorney Christian Watson (01:18:25):
Now, as part of that investigation, did your unit obtain two search warrants to seize and process a black Chevy Silverado?
Sergeant Jamie Pearston (01:18:31):
Yes.
Attorney Christian Watson (01:18:33):
And was that black Chevy Silverado seized as part of this investigation?
Sergeant Jamie Pearston (01:18:36):
It was.
Attorney Christian Watson (01:18:37):
And when those search warrants were issued, were they authorized by a judge of the Superior Court?
Sergeant Jamie Pearston (01:18:42):
Yes.
Attorney Christian Watson (01:18:44):
And what was the address of where that Chevy Silverado was located?
Sergeant Jamie Pearston (01:18:47):
It was located at 29 Harmony Hill in Harwinton, Connecticut.
Attorney Christian Watson (01:18:50):
And what day was that Chevy Silverado located?
Sergeant Jamie Pearston (01:18:53):
On May 21st of 2023.
Attorney Christian Watson (01:18:56):
And was it seized from that location?
Sergeant Jamie Pearston (01:18:58):
Yes.
Attorney Christian Watson (01:18:59):
And how was it brought from that location to your troop?
Sergeant Jamie Pearston (01:19:07):
It was towed by a tow truck and escorted by a trooper.
Attorney Christian Watson (01:19:13):
And once it arrived at Western District Major Crime, did it come with the keys to that truck?
Sergeant Jamie Pearston (01:19:17):
Yes, it did.
Attorney Christian Watson (01:19:18):
Now, as part of your processing of that truck, did you obtain the owner's name and address?
Sergeant Jamie Pearston (01:19:24):
Yes.
Attorney Christian Watson (01:19:24):
And who was the owner of that truck?
Sergeant Jamie Pearston (01:19:25):
It was registered to Carrie Ouellette.
Attorney Christian Watson (01:19:27):
And what was the address associated with it?
Sergeant Jamie Pearston (01:19:29):
29 Harmony Hill, Harwinton, Connecticut.
Attorney Christian Watson (01:19:31):
And how was Carrie Ouellette related to Cooper Ouellette?
Sergeant Jamie Pearston (01:19:34):
His mother.
Attorney Christian Watson (01:19:36):
And was that truck lawfully registered and insured?
Sergeant Jamie Pearston (01:19:41):
It was.
Attorney Christian Watson (01:19:41):
And did you have the occasion to process that truck?
Sergeant Jamie Pearston (01:19:43):
Yes.
Attorney Christian Watson (01:19:44):
And when you processed that Chevy Silverado, were photographs taken?
Sergeant Jamie Pearston (01:19:47):
Yes.
Attorney Christian Watson (01:19:48):
And were photographs taken that depict the outside of that truck?
Sergeant Jamie Pearston (01:19:50):
Yes.
Attorney Christian Watson (01:19:51):
I'm going to ask you to look at State's Exhibit 19, 20, and 21. They should be towards the bottom of the pile. Okay. And looking at State's Exhibit 19, was that photograph taken when you processed the truck?
Sergeant Jamie Pearston (01:20:20):
Yes.
Attorney Christian Watson (01:20:21):
And what does that photograph depict?
Sergeant Jamie Pearston (01:20:23):
That is the 2013 Chevy Silverado.
Attorney Christian Watson (01:20:29):
And looking at State's Exhibit 20, what does that photograph depict?
Sergeant Jamie Pearston (01:20:35):
That is the rear tailgate of the same vehicle.
Attorney Christian Watson (01:20:38):
Okay. And what's the license plate number associated with that truck?
Sergeant Jamie Pearston (01:20:41):
It's Connecticut combination C, Charlie, 252085.
Attorney Christian Watson (01:20:47):
And State's Exhibit 21, please. What does that photograph show?
Sergeant Jamie Pearston (01:20:53):
That's the passenger side of the same vehicle.
Attorney Christian Watson (01:20:59):
Now, during your processing of that truck, were overall measurements taken that noted the length and width of that truck?
Sergeant Jamie Pearston (01:21:05):
Yes.
Attorney Christian Watson (01:21:05):
And what was the width of that truck?
Sergeant Jamie Pearston (01:21:07):
The width was approximately 80 inches, not measuring the side windows or side mirrors, rather.
Attorney Christian Watson (01:21:14):
Okay. And what was the length?
Sergeant Jamie Pearston (01:21:16):
Approximately 230.6 inches.
Attorney Christian Watson (01:21:21):
And was the bed of that Chevy Silverado processed?
Sergeant Jamie Pearston (01:21:24):
It was.
Attorney Christian Watson (01:21:24):
And was a photograph taken that depicts what was inside the bed of that Chevy Silverado?
Sergeant Jamie Pearston (01:21:29):
Yes.
Attorney Christian Watson (01:21:29):
I'll show you what's been marked as State's Exhibit 22. It's in that file as well. Does that fairly and accurately depict what you found in the bed of that Chevy Silverado?
Sergeant Jamie Pearston (01:21:40):
Yes.
Judge Chris Pelosi (01:21:41):
I apologize, Attorney Watson, that's number 32, you said?
Attorney Christian Watson (01:21:43):
That's 22, Your Honor.
Judge Chris Pelosi (01:21:43):
22, okay.
Attorney Christian Watson (01:21:45):
My understanding. Now, in looking at that photograph, is there a YETI cooler in the back of that truck?
Sergeant Jamie Pearston (01:21:53):
Yes.
Attorney Christian Watson (01:21:55):
And was that YETI cooler opened and searched for contents?
Sergeant Jamie Pearston (01:21:58):
It was.
Attorney Christian Watson (01:21:59):
And when that was done, was a photograph taken that depicts the contents of that YETI cooler?
Sergeant Jamie Pearston (01:22:03):
Yes.
Attorney Christian Watson (01:22:04):
Looking at State's Exhibit 23, what does that photograph depict?
Sergeant Jamie Pearston (01:22:11):
That's the interior of the YETI cooler.
Attorney Christian Watson (01:22:15):
When you found the YETI cooler and those items inside of that YETI cooler, did you take any steps in order to document what was actually located inside it?
Sergeant Jamie Pearston (01:22:23):
We did.
Attorney Christian Watson (01:22:24):
And how did you do that?
Sergeant Jamie Pearston (01:22:25):
We emptied the contents.
Attorney Christian Watson (01:22:27):
And is that standard procedure?
Sergeant Jamie Pearston (01:22:30):
It is.
Attorney Christian Watson (01:22:31):
And was a photograph taken when you emptied the contents of that cooler?
Sergeant Jamie Pearston (01:22:33):
Yes.
Attorney Christian Watson (01:22:34):
I'll show you what's been marked as State's Exhibit 24. Does that fairly and accurately depict the contents of that cooler?
Sergeant Jamie Pearston (01:22:43):
It does.
Attorney Christian Watson (01:22:44):
And were the contents of that cooler all alcoholic beverages?
Sergeant Jamie Pearston (01:22:48):
Yes.
Attorney Christian Watson (01:22:53):
Now, as part of the processing of that Chevy Silverado, were additional measurements taken?
Sergeant Jamie Pearston (01:22:58):
Yes.
Attorney Christian Watson (01:22:59):
And were photographs taken of those measurements?
Sergeant Jamie Pearston (01:23:01):
Yes.
Attorney Christian Watson (01:23:02):
I'll show you what's marked as State's Exhibit 25. What does this photograph depict?
Sergeant Jamie Pearston (01:23:11):
This is a overall view of the passenger side interior compartment.
Attorney Christian Watson (01:23:16):
And what is the purpose of the tape measure or ruler that is depicted in that photograph?
Sergeant Jamie Pearston (01:23:23):
We utilize it to photograph heights.
Attorney Christian Watson (01:23:25):
Okay. And what is the height from the ground to the top of the passenger seat where you would actually sit?
Sergeant Jamie Pearston (01:23:33):
Approximately three feet, five inches.
Attorney Christian Watson (01:23:38):
And what is the distance from the ground to the running board of that truck?
Sergeant Jamie Pearston (01:23:42):
Approximately one foot, eight inch.
Attorney Christian Watson (01:23:49):
And was a measurement taken from the ground of that truck to the bottom of the frame?
Sergeant Jamie Pearston (01:23:53):
Yes, it was.
Attorney Christian Watson (01:23:54):
I'll show you what's been marked as State's Exhibit 26. Does that fairly and accurately depict that measurement?
Sergeant Jamie Pearston (01:24:02):
Yes.
Attorney Christian Watson (01:24:02):
And what is that measurement?
Sergeant Jamie Pearston (01:24:04):
Approximately 14 inches.
Attorney Christian Watson (01:24:08):
And when you processed that truck, did you look at the tires of that truck?
Sergeant Jamie Pearston (01:24:12):
Yes.
Attorney Christian Watson (01:24:13):
I'll show you what's been marked as State's Exhibit 27. What tire is depicted there?
Sergeant Jamie Pearston (01:24:23):
This is the rear right tire.
Attorney Christian Watson (01:24:25):
Would that be the passenger side of the car?
Sergeant Jamie Pearston (01:24:27):
Passenger side rear, yes.
Attorney Christian Watson (01:24:28):
All right. And was a measurement taken of that tire?
Sergeant Jamie Pearston (01:24:30):
Yes.
Attorney Christian Watson (01:24:30):
And how tall is that tire?
Sergeant Jamie Pearston (01:24:35):
Approximately two feet, seven inches.
Attorney Christian Watson (01:24:40):
Now, as part of your processing of this truck, was a photograph taken of that tire that shows the tread pattern?
Sergeant Jamie Pearston (01:24:46):
Yes.
Attorney Christian Watson (01:24:47):
I'll show you what's been marked as State's Exhibit 28. Does that fairly and accurately depict the tread pattern of that tire?
Sergeant Jamie Pearston (01:24:55):
Yes.
Attorney Christian Watson (01:24:56):
Now, what is the purpose of the rulers that are depicted in that exhibit?
Sergeant Jamie Pearston (01:25:01):
That's a photographic scale so it can be reproduced in a laboratory environment.
Attorney Christian Watson (01:25:09):
Was the inside of the driver's side of that truck photographed and processed?
Sergeant Jamie Pearston (01:25:13):
Yes.
Attorney Christian Watson (01:25:14):
I'll show you what's been marked as State's Exhibit 29. Does that fairly and accurately depict the inside of the driver's side of that motor vehicle?
Sergeant Jamie Pearston (01:25:22):
Yes.
Attorney Christian Watson (01:25:24):
Now, I believe you have a mouse up there, and if you just see if it's active, you should be able to control what's on the screen.
Sergeant Jamie Pearston (01:25:36):
Yep.
Attorney Christian Watson (01:25:36):
Okay. Got it now? All right. So I'm going to ask you to point to the center console of that area, or that truck, excuse me. And was there anything located in the cup holders of that truck?
Sergeant Jamie Pearston (01:25:52):
Yes.
Attorney Christian Watson (01:25:54):
And was the contents of the center console removed?
Sergeant Jamie Pearston (01:26:03):
Yes.
Attorney Christian Watson (01:26:08):
One moment. Okay. And I'll show you what's marked as State's Exhibit 30. Is that the contents of the center console area of that truck?
Sergeant Jamie Pearston (01:26:34):
Yes.
Attorney Christian Watson (01:26:35):
Now, when you had pointed to that area of that cup holder, is the item that was in that cup holder located within the confines of that photograph?
Sergeant Jamie Pearston (01:26:44):
Yes.
Attorney Christian Watson (01:26:45):
And where is that?
Sergeant Jamie Pearston (01:26:47):
Right in this area.
Attorney Christian Watson (01:26:49):
And what are you circling there?
Sergeant Jamie Pearston (01:26:50):
It is a YETI can cooler and a can.
Attorney Christian Watson (01:26:55):
Okay. And what type of can was inside that YETI can cooler?
Sergeant Jamie Pearston (01:26:58):
That was an Arnold Palmer spiked half-tea, half-lemonade.
Attorney Christian Watson (01:27:02):
And-
Judge Chris Pelosi (01:27:03):
Let the record reflect she's pointing to the bottom left of State's Exhibit 32.
Attorney Christian Watson (01:27:10):
Thank you.
Judge Chris Pelosi (01:27:10):
Or 30.
Attorney Christian Watson (01:27:13):
Thank you. And is that the same type of Arnold Palmer that was found in the YETI cooler?
Sergeant Jamie Pearston (01:27:19):
Yes.
Attorney Christian Watson (01:27:24):
Now, can we go back to State's Exhibit 29, please? Looking at State's Exhibit 29, does that photograph depict the driver's side, I guess, floor mat of that truck?
Sergeant Jamie Pearston (01:27:39):
Yes.
Attorney Christian Watson (01:27:40):
And was any items of evidentiary value found on the driver's side floor mat of that truck?
Sergeant Jamie Pearston (01:27:48):
Yes.
Attorney Christian Watson (01:27:49):
Okay. And what was found?
Sergeant Jamie Pearston (01:27:49):
A necklace.
Attorney Christian Watson (01:27:52):
Okay. And can you use that photograph and circle where that necklace is located?
Sergeant Jamie Pearston (01:27:58):
The lower portion of the photo, Exhibit 29.
Attorney Christian Watson (01:28:02):
All right. Okay. The record can reflect she is circling the lower left of the photograph in the area of the driver's side floor mat.
Judge Chris Pelosi (01:28:09):
Record so will reflect.
Attorney Christian Watson (01:28:13):
Now, was that item taken into evidence?
Sergeant Jamie Pearston (01:28:15):
Yes.
Attorney Christian Watson (01:28:15):
And prior to it being taken into evidence, was a photograph taken of it?
Sergeant Jamie Pearston (01:28:20):
Yes.
Attorney Christian Watson (01:28:21):
And is that standard procedure?
Sergeant Jamie Pearston (01:28:22):
It is.
Attorney Christian Watson (01:28:23):
I'll show you what's been marked as State's Exhibit 31. Does that fairly and accurately depict how you found that necklace in the driver's side floorboard?
Sergeant Jamie Pearston (01:28:37):
Yes.
Attorney Christian Watson (01:28:38):
And what is the purpose of the placard that says the number 34 on it and it's in yellow?
Sergeant Jamie Pearston (01:28:44):
That's a state police exhibit or evidence placard.
Attorney Christian Watson (01:28:48):
And did you or a member of your unit place that placard there?
Sergeant Jamie Pearston (01:28:51):
Yes.
Attorney Christian Watson (01:28:53):
And in looking at that necklace, can you just tell me if there's any writing on it?
Sergeant Jamie Pearston (01:28:58):
Yes. It says, "Cooper."
Attorney Christian Watson (01:29:06):
Now, when you removed that necklace from the truck, did you photograph it?
Sergeant Jamie Pearston (01:29:11):
We did.
Attorney Christian Watson (01:29:12):
And why did you do that?
Sergeant Jamie Pearston (01:29:14):
We always photograph items of evidentiary value in detail.
Attorney Christian Watson (01:29:18):
And was that necklace complete or in one piece?
Sergeant Jamie Pearston (01:29:23):
It was, but it was broken.
Attorney Christian Watson (01:29:25):
Okay. And I'll show you what you marked as State's Exhibit 32. Does that fairly and accurately depict when you removed that necklace from that truck before you took it into evidence?
Sergeant Jamie Pearston (01:29:38):
Yes.
Attorney Christian Watson (01:29:39):
Okay. And when you had indicated, looking at State's Exhibit 34, you had indicated that the necklace was broken, is that correct?
Sergeant Jamie Pearston (01:29:48):
Yes.
Attorney Christian Watson (01:29:48):
And was the necklace broken at the area where the two halves of the necklace would normally join?
Sergeant Jamie Pearston (01:29:54):
No.
Attorney Christian Watson (01:29:55):
And could you just indicate where the necklace was broken using that photograph, please? May the record reflect she's circling the necklace in the upper right-hand corner of the photograph?
Judge Chris Pelosi (01:30:11):
Record will reflect.
Attorney Christian Watson (01:30:15):
Now, after that photograph was taken, was that item placed into evidence?
Sergeant Jamie Pearston (01:30:19):
Yes.
Attorney Christian Watson (01:30:20):
Now I'm going to ask you to look at State's Exhibit 33. It's that envelope that is on your table there. Is that the necklace that was removed from the truck when you processed it?
Sergeant Jamie Pearston (01:30:31):
Yes.
Attorney Christian Watson (01:30:32):
And did another member of your agency take that into custody for the Western District Major Crime?
Sergeant Jamie Pearston (01:30:37):
Yes.
Attorney Christian Watson (01:30:38):
And were you present when they did that?
Sergeant Jamie Pearston (01:30:39):
I was.
Attorney Christian Watson (01:30:41):
And was that person wearing gloves when they did that?
Sergeant Jamie Pearston (01:30:42):
Yes.
Attorney Christian Watson (01:30:43):
And is that standard procedure?
Sergeant Jamie Pearston (01:30:44):
It is.
Attorney Christian Watson (01:30:44):
Now I'm going to draw your attention to the passenger side of that truck. When you processed that truck on the passenger side, did you locate any blood-like substances on the outside of the front passenger side door of that truck?
Sergeant Jamie Pearston (01:30:56):
Yes.
Attorney Christian Watson (01:30:58):
Or was a photograph taken?
Sergeant Jamie Pearston (01:31:00):
Yes.
Attorney Christian Watson (01:31:01):
Showing you what's marked as State's Exhibit 34. Does that fairly and accurately depict what you found on the passenger side of that truck door?
Sergeant Jamie Pearston (01:31:11):
Yes.
Attorney Christian Watson (01:31:12):
And using that mouse again, can you just point to the area where the blood-like substance is that you found? And may the record reflect she's circling above the door handle below the window where the window meets the bottom of the doorframe, I guess, for lack of a better phrase?
Judge Chris Pelosi (01:31:33):
That's an accurate representation.
Attorney Christian Watson (01:31:39):
And did you take an up-close photograph that depicts that area better?
Sergeant Jamie Pearston (01:31:44):
Yes.
Attorney Christian Watson (01:31:44):
I'll show you what's been marked as State's Exhibit 34. Did that fairly and accurately depict the blood-like substance-
Judge Chris Pelosi (01:31:51):
35.
Attorney Christian Watson (01:31:51):
... that you found on that passenger side door?
Sergeant Jamie Pearston (01:31:56):
Yes.
Judge Chris Pelosi (01:31:58):
Have that file. Just for housekeeping, that was 35, not 34.
Attorney Christian Watson (01:32:03):
35. I apologize. Thank you.
Judge Chris Pelosi (01:32:04):
Okay. Thank you.
Attorney Christian Watson (01:32:06):
Now, was the inside of that front passenger side searched for items of evidentiary value?
Sergeant Jamie Pearston (01:32:10):
Yes.
Attorney Christian Watson (01:32:11):
And were photographs taken of the inside of that front passenger side of the truck?
Sergeant Jamie Pearston (01:32:14):
Yep.
Attorney Christian Watson (01:32:15):
Showing you what's been marked as State's Exhibit 36. Does that fairly and accurately depict the inside of the passenger side door of that truck?
Sergeant Jamie Pearston (01:32:25):
Yes.
Attorney Christian Watson (01:32:25):
As you found it that day?
Sergeant Jamie Pearston (01:32:25):
Yes.
Attorney Christian Watson (01:32:30):
And did you check that area for items of evidentiary value?
Sergeant Jamie Pearston (01:32:35):
We did.
Attorney Christian Watson (01:32:36):
And did you check that area of the inside of the passenger side of that motor vehicle for any blood-like substances?
Sergeant Jamie Pearston (01:32:44):
Yes.
Attorney Christian Watson (01:32:44):
And did you locate blood-like substances?
Sergeant Jamie Pearston (01:32:46):
We did.
Attorney Christian Watson (01:32:47):
And when you located blood-like substances, did you take any steps to identify those substances or delineate where they were?
Sergeant Jamie Pearston (01:32:53):
We did.
Attorney Christian Watson (01:32:54):
How did you do that?
Sergeant Jamie Pearston (01:32:55):
We use a adhesive scale in the proximity of the stain.
Attorney Christian Watson (01:33:04):
Now, where did you find blood-like substances on the inside of that passenger side?
Sergeant Jamie Pearston (01:33:10):
On the floor mat.
Attorney Christian Watson (01:33:12):
Okay.
Sergeant Jamie Pearston (01:33:13):
The center console.
Attorney Christian Watson (01:33:15):
Yep.
Sergeant Jamie Pearston (01:33:16):
And the passenger seat.
Attorney Christian Watson (01:33:19):
Thank you. May the record reflect she circled the floor mat in the video or in the photograph, which is State's Exhibit 36? She circled the center console area as well as a portion of the left side of the seat.
Judge Chris Pelosi (01:33:36):
Okay. Record will reflect so.
Attorney Christian Watson (01:33:42):
Now, in looking at that photograph, can you show me where the rocker panel is? And let the record reflect she's identified the rocker panel as the area that's from the inside of the truck going to the outside that is black at the bottom of the photograph. Is that an accurate reflection?
Sergeant Jamie Pearston (01:34:02):
Yes.
Attorney Christian Watson (01:34:03):
And did you search that area of that rocker panel for any blood-like substances?
Sergeant Jamie Pearston (01:34:07):
We did.
Attorney Christian Watson (01:34:08):
And did you find any?
Sergeant Jamie Pearston (01:34:08):
Yes.
Attorney Christian Watson (01:34:09):
And can you please point those out? And she's circling the lower left of that rocker panel. Okay. And showing you what's been marked as State's Exhibit 37. Does that fairly and accurately depict the areas that you located those blood-like substances?
Sergeant Jamie Pearston (01:34:33):
Yes.
Attorney Christian Watson (01:34:37):
Now, as part of the processing of that truck, did you check the rear passenger side door for items of evidence?
Sergeant Jamie Pearston (01:34:43):
Yes.
Attorney Christian Watson (01:34:44):
And did you check that rear passenger door for any blood-like substances?
Sergeant Jamie Pearston (01:34:47):
Yes.
Attorney Christian Watson (01:34:48):
And when you did that, did you locate any?
Sergeant Jamie Pearston (01:34:50):
We did.
Attorney Christian Watson (01:34:51):
Showing you what's been marked as State's Exhibit 38. Does that fairly and accurately depict what you located when you opened the passenger side, the rear passenger side door of that vehicle?
Sergeant Jamie Pearston (01:35:04):
Yes.
Attorney Christian Watson (01:35:05):
And can you please indicate where you found any blood-like substances there? And she's circling the area where the sticker is located. And again, did you place that sticker there?
Sergeant Jamie Pearston (01:35:17):
Yes.
Attorney Christian Watson (01:35:24):
After that vehicle was processed or when that vehicle was processed, did you check to see if there was any aftermarket lighting on that car?
Sergeant Jamie Pearston (01:35:32):
We did.
Attorney Christian Watson (01:35:32):
Or truck, excuse me. You did?
Sergeant Jamie Pearston (01:35:34):
Yes.
Attorney Christian Watson (01:35:34):
And how did you do that?
Sergeant Jamie Pearston (01:35:34):
We found an internal switch on the dash that activated the lights.
Attorney Christian Watson (01:35:40):
And did that exterior aftermarket lighting on that truck work?
Sergeant Jamie Pearston (01:35:45):
It did.
Attorney Christian Watson (01:35:45):
And did you take photographs that would depict how that truck would look when those lights were turned on?
Sergeant Jamie Pearston (01:35:51):
Yes.
Attorney Christian Watson (01:35:51):
I'll show you what's been marked as State's Exhibit 39. Does that fairly and accurately depict the aftermarket lighting?
Sergeant Jamie Pearston (01:36:06):
I believe that's 40.
Attorney Christian Watson (01:36:07):
Yes.
Sergeant Jamie Pearston (01:36:11):
Yes, it does.
Attorney Christian Watson (01:36:12):
Okay. And where was the aftermarket lighting on that truck?
Sergeant Jamie Pearston (01:36:15):
It was on the exterior of each side rocker panel.
Attorney Christian Watson (01:36:20):
Okay. Can you go to the next exhibit, please? And on the other side as well?
Sergeant Jamie Pearston (01:36:27):
Yes.
Attorney Christian Watson (01:36:29):
Thank you.
David Clifton (01:36:29):
They can ask [inaudible 01:36:31].
Attorney Christian Watson (01:36:33):
Nothing further. Thank you.
Judge Chris Pelosi (01:36:50):
Any questions?
Attorney Jonathan Raad (01:36:51):
Yes, Your honor. Good morning.
Sergeant Jamie Pearston (01:36:53):
Morning.
Attorney Jonathan Raad (01:36:55):
So on June 29th, 2023, you processed the Chevy Silverado for a second time, correct?
Sergeant Jamie Pearston (01:36:59):
Yes.
Attorney Jonathan Raad (01:37:00):
Okay. And do you recall testing for untreated blood?
Sergeant Jamie Pearston (01:37:04):
We did.
Attorney Jonathan Raad (01:37:05):
Can you tell the ladies and gentlemen of the jury what exactly that testing means, why you would do that?
Sergeant Jamie Pearston (01:37:10):
We did several different techniques to search for the presence of blood, one of which was the undercarriage. We utilized an alternative light source, which through a spectrum of nanometer light, we are able to identify substances such as blood. We also used a chemical reagent called luminol, which helps through a chemical oxidization process. It reacts to hemoglobin and blood and helps us identify blood that's not easily visible to the naked eye.
Attorney Jonathan Raad (01:37:39):
Okay. So stuff we can't see with our eye?
Sergeant Jamie Pearston (01:37:42):
Correct.
Attorney Jonathan Raad (01:37:42):
Right. And did your testing result in any findings?
Sergeant Jamie Pearston (01:37:47):
No new findings other than what had already been identified.
Attorney Jonathan Raad (01:37:50):
Okay. So there was nothing in the undercarriage of the truck, correct?
Sergeant Jamie Pearston (01:37:54):
Correct.
Attorney Jonathan Raad (01:37:54):
Okay. Did you find any blood on the bumper, the front bumper of the truck?
Sergeant Jamie Pearston (01:37:58):
We did not.
Attorney Jonathan Raad (01:38:00):
Did you find any blood on the front headlights of the truck?
Sergeant Jamie Pearston (01:38:02):
No.
Attorney Jonathan Raad (01:38:06):
Excuse me. Did you find any hair on the front bumper of the truck?
Sergeant Jamie Pearston (01:38:09):
Not on the bumper, no.
Attorney Jonathan Raad (01:38:13):
Okay. What about the lights?
Sergeant Jamie Pearston (01:38:14):
No.
Attorney Jonathan Raad (01:38:14):
Okay. What about the tire that you photographed that we just saw shortly, momentarily ago? Did you find any blood on that, the front right tire?
Sergeant Jamie Pearston (01:38:23):
No.
Attorney Jonathan Raad (01:38:23):
Did you find any hair?
Sergeant Jamie Pearston (01:38:27):
No.
Attorney Jonathan Raad (01:38:27):
So no DNA of Sophie was found on that front right tire that you photographed?
Sergeant Jamie Pearston (01:38:33):
We photographed the rear right tire or passenger right.
Attorney Jonathan Raad (01:38:34):
Sorry. Rear right tire.
Sergeant Jamie Pearston (01:38:34):
Okay. None. No.
Attorney Jonathan Raad (01:38:35):
Okay. And did you take a sample of the tread of the tire?
Sergeant Jamie Pearston (01:38:40):
Yes.
Attorney Jonathan Raad (01:38:41):
Okay. And what did you do with that sample?
Sergeant Jamie Pearston (01:38:42):
We seized it as an exhibit.
Attorney Jonathan Raad (01:38:45):
So you felt that that was important to take, correct?
Sergeant Jamie Pearston (01:38:48):
It was requested by the lab, I believe.
Attorney Jonathan Raad (01:38:50):
Okay.
Sergeant Jamie Pearston (01:38:51):
So we seized it.
Attorney Jonathan Raad (01:38:53):
And was that sent to the lab?
Sergeant Jamie Pearston (01:38:55):
I'm not sure.
Attorney Jonathan Raad (01:38:57):
Okay. So you go through all that trouble to cut a piece of tire out of the tire and send it to the lab, and you don't know if it was ever tested, correct?
Sergeant Jamie Pearston (01:39:06):
Correct.
Attorney Jonathan Raad (01:39:06):
Okay. Why not?
Sergeant Jamie Pearston (01:39:12):
That's not my role as a supervisor of the crime scene unit. That would be the lead investigator or his supervisor to determine.
Attorney Jonathan Raad (01:39:21):
Okay. Who is the lead investigator?
Sergeant Jamie Pearston (01:39:21):
Detective Ryan Slaiby.
Attorney Jonathan Raad (01:39:22):
Okay. Do you have frequent contact with him?
Sergeant Jamie Pearston (01:39:26):
Not often, no.
Attorney Jonathan Raad (01:39:27):
Okay. Did you keep him informed of what you had to do in this case?
Sergeant Jamie Pearston (01:39:34):
What do you mean, sir?
Attorney Jonathan Raad (01:39:36):
Your investigation in this case, your task, did you notify him of what you were doing?
Sergeant Jamie Pearston (01:39:42):
Yes. He wrote the search warrant and we executed it for him.
Attorney Jonathan Raad (01:39:45):
Okay. So he knew that a tread of the tire was taken, correct?
Sergeant Jamie Pearston (01:39:48):
Yes.
Attorney Jonathan Raad (01:39:50):
Okay. But as you sit here today, you can't tell us if it was ever tested?
Sergeant Jamie Pearston (01:39:53):
I cannot.
Attorney Jonathan Raad (01:39:55):
Wouldn't it be important in a case like this to test the tire for DNA?
Sergeant Jamie Pearston (01:40:03):
The piece I seized or the entire tire?
Attorney Jonathan Raad (01:40:06):
The entire tire.
Sergeant Jamie Pearston (01:40:07):
We did. We processed it for blood or hairs, fibers, physiological fluids.
Attorney Jonathan Raad (01:40:17):
Okay. The piece that you seized, that you cut out of the tire that you sent to the lab, don't you think it would've been important to actually see what the results were?
Sergeant Jamie Pearston (01:40:27):
For DNA?
Attorney Jonathan Raad (01:40:28):
For DNA.
Sergeant Jamie Pearston (01:40:30):
Yeah.
Attorney Jonathan Raad (01:40:31):
Okay. What about pattern or tread pattern recognition? Wouldn't that be important?
Sergeant Jamie Pearston (01:40:37):
I don't believe that was an option with the lab.
Attorney Jonathan Raad (01:40:41):
So the clothes that were seized that were Sophie R's, it wasn't an option to test those for any tread pattern?
Sergeant Jamie Pearston (01:40:49):
I don't believe we had a specialist at the lab that was able to do that.
Attorney Jonathan Raad (01:40:54):
Okay. Have you ever heard of the lab in West Virginia in Quantico, the FBI lab? Have you ever utilized their resources?
Sergeant Jamie Pearston (01:41:05):
I have not personally, no.
Attorney Jonathan Raad (01:41:05):
Do you know if your department has ever?
Sergeant Jamie Pearston (01:41:08):
I believe so, yes.
Attorney Jonathan Raad (01:41:08):
Okay. So that could have been done here, correct?
Sergeant Jamie Pearston (01:41:10):
Yes.
Attorney Jonathan Raad (01:41:11):
Okay. So you had the opportunity to send it close for testing, and that was never done, correct?
Sergeant Jamie Pearston (01:41:19):
Again, I don't know.
Attorney Jonathan Raad (01:41:20):
Okay. So on June 29th, you did a lot of work, would you agree?
Sergeant Jamie Pearston (01:41:28):
Yeah, between both processings, yes.
Attorney Jonathan Raad (01:41:30):
Right. You tested the undercarriage of the truck using what you just told us, the luminol, and, I believe, the light source that you testified about, you did that. You cut a piece of the tire out, sent that out for testing, and all of that yielded no results, correct?
Sergeant Jamie Pearston (01:41:47):
I don't receive results. I have no idea what results may or may not have been yielded.
Attorney Jonathan Raad (01:41:52):
As you sit here today, you haven't heard of any results, correct?
Sergeant Jamie Pearston (01:41:55):
I have not.
Attorney Jonathan Raad (01:41:56):
Okay. And we saw earlier a picture of a YETI cooler. You recall that?
Sergeant Jamie Pearston (01:42:02):
Yes.
Attorney Jonathan Raad (01:42:03):
All right. And-
Attorney Jonathan Raad (01:42:00):
A picture of a Yeti cooler. Do you recall that?
Witness (01:42:02):
Yes.
Attorney Jonathan Raad (01:42:03):
All right. What did you see in that cooler?
Witness (01:42:06):
Various alcoholic beverages.
Attorney Jonathan Raad (01:42:07):
Were they open?
Witness (01:42:09):
No.
Attorney Jonathan Raad (01:42:09):
Okay. And the necklace that we saw earlier, how did you handle that necklace? Were you wearing gloves?
Witness (01:42:17):
Yes.
Attorney Jonathan Raad (01:42:18):
Okay. Why is it important to wear gloves?
Witness (01:42:21):
To eliminate any cross-contamination.
Attorney Jonathan Raad (01:42:25):
Okay. So you go through the trouble of putting on gloves, being very careful with it. Did you put it into a bag, an evidence bag?
Witness (01:42:31):
The envelope.
Attorney Jonathan Raad (01:42:32):
Okay. The envelope?
Witness (01:42:33):
Yes.
Attorney Jonathan Raad (01:42:34):
To protect it from cross-contamination, correct?
Witness (01:42:36):
Yes.
Attorney Jonathan Raad (01:42:37):
Okay. And did you ever test that necklace for DNA?
Witness (01:42:41):
I did not submit for any testing.
Attorney Jonathan Raad (01:42:44):
Okay. What's the purpose of collecting that necklace?
Witness (01:42:47):
It is a piece of the story, and the way we viewed it is it was out of place and broken.
Attorney Jonathan Raad (01:42:54):
Okay. Piece of the story. So it's obviously important to you, correct?
Witness (01:42:59):
I identified the evidence or the item as possible evidentiary value, yes.
Attorney Jonathan Raad (01:43:01):
Okay. So it's possible evidentiary value. You testified that it's broken, it's on the floor, you picked it up with gloves. You're so careful to put it in an envelope, but you never send it out for testing to see whether or not Cooper's DNA is even on it, correct?
Witness (01:43:16):
I did not.
Attorney Jonathan Raad (01:43:17):
Okay. Do you know if it ever was?
Witness (01:43:18):
I don't know.
Attorney Jonathan Raad (01:43:24):
Can I have one moment, Your Honor?
Judge (01:43:25):
Take your time.
Attorney Jonathan Raad (01:43:42):
You mentioned Detective Slavey as the lead investigator in this case, correct?
Witness (01:43:42):
Yes.
Attorney Jonathan Raad (01:43:43):
Okay. Did you ever discuss his theory with him of what occurred here?
Attorney Christian Watson (01:43:53):
Objection. How is that relevant?
Judge (01:43:57):
Yes or no answer.
Witness (01:43:59):
No.
Attorney Jonathan Raad (01:44:02):
No. How many conversations did you say you had with the lead investigator, Detective Slavey, about this case?
Witness (01:44:09):
Probably zero.
Attorney Jonathan Raad (01:44:11):
Zero?
Witness (01:44:11):
Zero.
Attorney Jonathan Raad (01:44:12):
So you had zero contact with the lead investigator in this case?
Witness (01:44:16):
No, I do not regularly have contact with this individual.
Attorney Jonathan Raad (01:44:18):
Okay. And you can't tell us once again whether any of these pieces of evidence were ever tested for DNA?
Attorney Christian Watson (01:44:25):
Asked and answered.
Judge (01:44:27):
Sustained.
Attorney Jonathan Raad (01:44:36):
No further questions.
Judge (01:44:37):
Thank you. Any redirect?
Attorney Christian Watson (01:44:39):
Briefly. Detective or Sergeant, were you given information that it was raining on May 20th of 2023 when the truck was driven by Cooper Ouellette?
Witness (01:44:50):
Yes.
Attorney Christian Watson (01:44:51):
And how did the truck get from Fieldview Drive to Harmony Hill Road?
Witness (01:44:58):
I believe it was driven.
Attorney Christian Watson (01:45:01):
Okay. And if it was raining that day, would there be precipitation on the ground?
Witness (01:45:05):
Yes.
Attorney Christian Watson (01:45:06):
And could that affect the amount of evidence that you may find-
Attorney Jonathan Raad (01:45:09):
Objection, Your Honor.
Judge (01:45:10):
Let him finish the question.
Attorney Christian Watson (01:45:12):
Could that affect the amount of evidence that you may find on that truck?
Attorney Jonathan Raad (01:45:17):
Objection.
Judge (01:45:20):
Can you finish the question please?
Attorney Christian Watson (01:45:22):
I did.
Judge (01:45:22):
All right. What's your objection?
Attorney Jonathan Raad (01:45:23):
This objection calls for speculation. I mean, this question calls for speculation.
Judge (01:45:29):
State?
Attorney Christian Watson (01:45:30):
I believe she's testified that she has processed numerous motor vehicles. She has experience in terms of taking items of evidentiary value from those motor vehicles. She should be allowed to indicate whether or not she believes that items of evidence that may not have been found in that could have been removed by water or moisture on the ground. I don't think that that's a hard question outside of her scope.
Attorney Jonathan Raad (01:45:53):
Your Honor. May, could have been precipitation on the ground. What may have been or could have been calls for speculation. She can't answer that without guessing.
Judge (01:46:05):
I'll allow it.
Attorney Christian Watson (01:46:06):
Can you answer the question?
Witness (01:46:09):
Could you repeat the question?
Attorney Christian Watson (01:46:10):
Sure. If there was precipitation on the ground and that truck was driven from one location, meaning 28 or from Fieldview Drive to his house on Harmony Hill Road, could items of evidentiary value that were on the undercarriage of that truck and tire been removed by precipitation on the ground?
Witness (01:46:28):
Yes.
Attorney Christian Watson (01:46:33):
Thank you.
Attorney Jonathan Raad (01:46:35):
No further questions.
Judge (01:46:36):
Nope. Okay. Thank you, Detective.
Attorney Christian Watson (01:46:39):
Judge, our next witness is available. Would the court like to take the recess now and that way we can just go through the entire testimony of that witness because he will not finish before the morning break.
Judge (01:47:01):
Who's your witness, next witness?
Attorney Christian Watson (01:47:03):
Detective Spencer Bronson.
Judge (01:47:05):
Okay. We will take a break. Ladies and gentlemen, again, leave the notebooks on the chair. We'll be back at 11:30. Do not discuss the case with anybody, including each other, court staff and so forth. Enjoy your break.
Speaker 6 (01:47:17):
Good morning, Your Honor.
Judge (02:07:30):
Good morning, everybody. Have a seat. All right. State ready with their next witness?
Attorney Christian Watson (02:07:39):
Yes.
Judge (02:07:40):
All right. Ready for the jury?
Attorney Christian Watson (02:07:41):
Yes.
Attorney Jonathan Raad (02:09:37):
Yes.
(02:09:37)
Defendant will stipulate all jurors and alternates are present. Thank you, Your Honor.
Judge (02:09:40):
State will stipulate?
Attorney Christian Watson (02:09:41):
Yes. They're all in their assigned seats, for lack of a better phrase.
Judge (02:09:45):
Thank you. All right. Ready for the next witness?
Attorney Christian Watson (02:09:49):
Yes, Your Honor. The state will call Detective Spencer Bronson.
Judge (02:10:08):
Raise your right hand, detective.
Clerk (02:10:09):
Do you solemnly swear or solemnly and sincerely affirm as the case may be that the evidence you shall give concerning the case now in question shall be the truth, the whole truth, and nothing but the truth, so help you God or upon penalty of perjury?
Spencer Bronson (02:10:18):
I do.
Clerk (02:10:19):
And please state your full name, spelling your last name.
Spencer Bronson (02:10:21):
Spencer Bronson, B-R-O-N-S-O-N.
Clerk (02:10:24):
And please also state for the record your place of business and business address.
Spencer Bronson (02:10:27):
Connecticut State Police, 111 Country Club Road, Middletown, Connecticut.
Judge (02:10:31):
Thank you. Thank you, Detective. Have a seat.
Attorney Christian Watson (02:10:34):
Before I begin with the detective's testimony, as we have indicated previously, the exhibits that this detective will be testifying to have been shown to defense counsel. They've been agreed to be marked as full exhibits.
Judge (02:10:48):
All right. Thank you.
Attorney Christian Watson (02:10:50):
Sir, when did you become a Connecticut State Trooper?
Spencer Bronson (02:10:54):
2020.
Attorney Christian Watson (02:10:56):
And what type of training did you receive in order to be certified as a Connecticut State Trooper?
Spencer Bronson (02:11:00):
I attended the State Police Academy and became POST certified.
Attorney Christian Watson (02:11:05):
And do you keep current with your obligations for training during the year?
Spencer Bronson (02:11:10):
Yes. It's biannually I conduct training.
Attorney Christian Watson (02:11:13):
Okay. And when you first began your career as a Connecticut State Trooper, what was your first assignment?
Spencer Bronson (02:11:19):
My first assignment was Troop B up in North Canaan.
Attorney Christian Watson (02:11:24):
And what did you do there?
Spencer Bronson (02:11:25):
General patrol in the town of North Canaan resident trooper.
Attorney Christian Watson (02:11:29):
And from that assignment, where did you end up with the Connecticut State Police?
Spencer Bronson (02:11:33):
I was assigned as a detective in the State Police CARS unit.
Attorney Christian Watson (02:11:38):
And how did you become a detective in the State Police CARS unit?
Spencer Bronson (02:11:42):
It's a process where there's an interview and you are selected based upon your scores.
Attorney Christian Watson (02:11:48):
And how long did you spend in the CARS unit?
Spencer Bronson (02:11:51):
Approximately two years and one month.
Attorney Christian Watson (02:11:53):
Okay. And what is your current assignment now?
Spencer Bronson (02:11:57):
I am back on patrol, back at Troop B. Again, the resident trooper for the town of North Canaan.
Attorney Christian Watson (02:12:03):
Okay. And what does the CARS unit do?
Spencer Bronson (02:12:07):
The CARS unit investigates not only serious, but fatal motor vehicle accidents involving motor vehicles.
Attorney Christian Watson (02:12:15):
What does CARS stand for?
Spencer Bronson (02:12:17):
CARS stands for the Collision Analysis Reconstruction Squad.
Attorney Christian Watson (02:12:22):
Now, as a member of the CARS unit, during the time in which you were a member, had you been dispatched to scenes involving motor vehicles?
Spencer Bronson (02:12:29):
Yes.
Attorney Christian Watson (02:12:30):
And did you investigate those scenes?
Spencer Bronson (02:12:32):
Yes.
Attorney Christian Watson (02:12:32):
Did you process those scenes?
Spencer Bronson (02:12:34):
Yes.
Attorney Christian Watson (02:12:34):
And on how many occasions, sir?
Spencer Bronson (02:12:36):
Over a hundred.
Attorney Christian Watson (02:12:38):
Okay. And were you a member of the CARS unit on May 21st of 2023?
Spencer Bronson (02:12:43):
Yes.
Attorney Christian Watson (02:12:44):
And with respect to your assignment that day on May 21st, 2023, was your unit from the CARS unit called in to assist in an investigation involving the death of a female?
Spencer Bronson (02:12:54):
Yes.
Attorney Christian Watson (02:12:55):
And when you were called in to assist in that investigation, did you receive information from fellow officers about where the scene was located?
Spencer Bronson (02:13:04):
Yes.
Attorney Christian Watson (02:13:07):
And did you receive information that a female separated from a truck in that area?
Spencer Bronson (02:13:11):
Yes.
Attorney Christian Watson (02:13:13):
When you were called to assist in that investigation, what location were you sent to?
Spencer Bronson (02:13:18):
28 Fieldview Drive in Burlington.
Attorney Christian Watson (02:13:20):
I'll show you what's been marked as State's Exhibit 57, and it'll populate on the screen behind me and the screen in front of you, sir. Is that an aerial photograph of the location of where you were dispatched to?
Spencer Bronson (02:13:36):
Yes.
Attorney Christian Watson (02:13:36):
Okay. Is that an aerial photograph of the location of Fieldview Drive?
Spencer Bronson (02:13:41):
Yes.
Attorney Christian Watson (02:13:42):
And using the mouse that's directly in front of you, can you circle the area of the accident scene for the scene where you were assigned to investigate?
Spencer Bronson (02:13:54):
I'm sorry, can you repeat that?
Attorney Christian Watson (02:13:55):
Can you just circle the area where you were assigned to investigate that day? And may the record reflect he's circling the bottom of Fieldview Drive where it bends the corner before it turns, becomes Polly Dan Road. Now in that area, are there houses in that area?
Spencer Bronson (02:14:15):
Yes.
Judge (02:14:18):
I want to get a clear mark on that. It's the lower portion on Fieldview, middle screen, correct?
Attorney Christian Watson (02:14:29):
Yes.
Judge (02:14:29):
It's not... Well, Polly Dan's not marked on that.
Attorney Christian Watson (02:14:33):
Oh, it is not. So let me do it a better way. Where is 28 Fieldview Drive, Detective?
Spencer Bronson (02:14:41):
Where the dot is.
Attorney Christian Watson (02:14:42):
And is it indicated with a red dot in that photograph?
Spencer Bronson (02:14:45):
Yes, it is.
Attorney Christian Watson (02:14:45):
Is the driveway of 28 Fieldview Drive indicated?
Spencer Bronson (02:14:48):
Yes, it is.
Attorney Christian Watson (02:14:49):
And where is 30 Fieldview Drive?
Spencer Bronson (02:14:51):
To the left.
Attorney Christian Watson (02:14:53):
Okay. And is there a driveway on that map?
Spencer Bronson (02:14:56):
Yes.
Attorney Christian Watson (02:14:56):
For 30 Fieldview Drive?
Spencer Bronson (02:14:58):
Yes.
Attorney Christian Watson (02:14:58):
Was the accident scene that you were dispatched to beyond the driveway of 30 Fieldview Drive?
Spencer Bronson (02:15:04):
Yes.
Attorney Christian Watson (02:15:04):
And in looking at that map, do you see a long driveway in the center of that map?
Spencer Bronson (02:15:12):
Yes.
Attorney Christian Watson (02:15:12):
Leading up to a house in a wooded area?
Spencer Bronson (02:15:14):
Yes.
Attorney Christian Watson (02:15:15):
Was the accident scene between that driveway that I just indicated and the driveway to 30 Fieldview Drive?
Spencer Bronson (02:15:22):
Yes.
Judge (02:15:23):
Is that... That's accurate.
Attorney Christian Watson (02:15:24):
Thank you. Now, as part of your investigation to this matter, did you find out if the decedent in this case resided at 28 Fieldview Drive?
Spencer Bronson (02:15:38):
At the time, yes.
Attorney Christian Watson (02:15:38):
Okay. When you arrived at that location, was that area blocked off from traffic in either direction?
Spencer Bronson (02:15:53):
Yes.
Attorney Christian Watson (02:15:54):
And when you arrived at that location, was it light out?
Spencer Bronson (02:15:58):
Yes.
Attorney Christian Watson (02:16:00):
And is the roadway for Fieldview Drive in-
Attorney Christian Watson (02:16:00):
And is the roadway for Fieldview Drive in that area a two lane road?
Speaker 7 (02:16:05):
Yes, it is.
Attorney Christian Watson (02:16:06):
Was there a discernible yellow line dividing that roadway?
Speaker 7 (02:16:09):
No, there was not.
Attorney Christian Watson (02:16:11):
When you arrived at that location, did the roadway show any signs of precipitation?
Speaker 7 (02:16:16):
It was intermittently wet, yes.
Attorney Christian Watson (02:16:20):
And what was the roadway surface composed of?
Speaker 7 (02:16:22):
The road was comprised of asphalt.
Attorney Christian Watson (02:16:27):
And was it paved asphalt or rocky?
Speaker 7 (02:16:29):
It was paved asphalt.
Attorney Christian Watson (02:16:31):
Now, as part of your scene processing at this location, were photographs taken?
Speaker 7 (02:16:35):
Yes, they were.
Attorney Christian Watson (02:16:36):
And as part of your scene processing at this location, were items of evidentiary value secured as evidence?
Speaker 7 (02:16:41):
Yes.
Attorney Christian Watson (02:16:42):
And what items were located and placed into evidence at this location?
Speaker 7 (02:16:47):
There was a roper boot and there was also a hair clip that was on scene as I arrived.
Attorney Christian Watson (02:16:53):
And did you notate where the boot and the hair clip were located?
Speaker 7 (02:16:57):
Yes.
Attorney Christian Watson (02:16:58):
Now, as part of your scene processing at this location, did you look for evidence of biological material?
Speaker 7 (02:17:03):
Yes.
Attorney Christian Watson (02:17:04):
What is biological material, sir?
Speaker 7 (02:17:06):
Biological material is any material, in this case, of human blood or skin or flesh that is derived from a individual.
Attorney Christian Watson (02:17:15):
And did you look, as part of your scene processing, did you look for evidence of items that were not biological material on the roadway surface?
Speaker 7 (02:17:23):
Yes.
Attorney Christian Watson (02:17:24):
And why did you do that?
Speaker 7 (02:17:26):
That's part of the investigation to identify biological material and also other marks that are left in the roadway.
Attorney Christian Watson (02:17:34):
And when you did this investigation, did you look for cross transfer marks in the roadway?
Speaker 7 (02:17:38):
Yes.
Attorney Christian Watson (02:17:39):
Can you please tell me what a cross-transfer mark is?
Speaker 7 (02:17:41):
A cross-transfer mark is any mark created by an object when two objects come together, that there is a imprint in the roadway where materials are exchanged.
Attorney Christian Watson (02:17:53):
And did you find any evidence of cross-transfer marks at this location?
Speaker 7 (02:17:56):
Yes.
Attorney Christian Watson (02:17:57):
And did you note where those cross-transfer marks were found?
Speaker 7 (02:18:00):
Yes.
Attorney Christian Watson (02:18:01):
As part of your scene processing, did your unit utilize a drone to photograph and video the area overhead?
Speaker 7 (02:18:07):
Yes.
Attorney Christian Watson (02:18:07):
Why did you do that?
Speaker 7 (02:18:08):
That's standard protocol. Every scene they were able to utilize the drone for aerial photography, it depicts a true and accurate scene photograph.
Attorney Christian Watson (02:18:18):
And as part of your investigation here, were measurements taken from various distances at that location?
Speaker 7 (02:18:23):
Yes.
Attorney Christian Watson (02:18:24):
After you processed the scene, did you create or was a scene map created that shows all the various things that you noted at that location?
Speaker 7 (02:18:32):
Yes.
Attorney Christian Watson (02:18:32):
And is that map scaled to show distances?
Speaker 7 (02:18:35):
Yes.
Attorney Christian Watson (02:18:36):
And was that created from the measurements that were taken at that scene?
Speaker 7 (02:18:38):
Yes.
Attorney Christian Watson (02:18:41):
And was that also created from photographs that were taken by the drone?
Speaker 7 (02:18:44):
Yes.
Attorney Christian Watson (02:18:45):
Would utilizing the scene map that you created aid in your testimony here today?
Speaker 7 (02:18:50):
Yes.
Attorney Christian Watson (02:18:51):
So I'm going to show you what's been marked as State's Exhibit 58.
(02:18:52)
Is that the scene map that was created?
Speaker 7 (02:19:01):
Yes.
Attorney Christian Watson (02:19:01):
And did you create that, sir?
Speaker 7 (02:19:03):
Yes.
Attorney Christian Watson (02:19:03):
Can you just indicate there's areas on this exhibit, which is State's Exhibit 58, that are blacked out. Did you place those blackout areas on that exhibit?
Speaker 7 (02:19:14):
No, I did not.
Attorney Christian Watson (02:19:15):
Is that blacked out area the remaining initials of the decedent's last name?
Speaker 7 (02:19:21):
Yes.
Attorney Christian Watson (02:19:21):
And is that why it's blacked out?
Speaker 7 (02:19:23):
Yes.
Attorney Christian Watson (02:19:23):
Now in looking at that photograph, there is an area on that photograph, which would be to the right of the lower corner of that photograph where it says GCP 1. You see that there, sir?
Speaker 7 (02:19:42):
Yes.
Attorney Christian Watson (02:19:43):
What is the relevance of GCP 1?
Speaker 7 (02:19:46):
GCP 1 is Ground Control Point 1. It is the start of the measurements that are taken for use for the drone.
Attorney Christian Watson (02:19:54):
Okay. And is there another GCP indication on that scene map as well?
Speaker 7 (02:20:01):
Yes.
Attorney Christian Watson (02:20:02):
And can you please tell me where that is located? Let the record reflect he's pointing to GCP 2. [inaudible 02:20:11]. And looking at that photograph, are there also other areas that are not labeled as GCP points, but are?
Speaker 7 (02:20:21):
Yes.
Attorney Christian Watson (02:20:22):
And can you please tell me where those are?
Speaker 7 (02:20:23):
GCP 3-
Judge (02:20:30):
... Pointing to the middle of Exhibit 58.
Attorney Christian Watson (02:20:32):
And where you circled GCP 3, is there a placard or some sort of object in the roadway that denotes that?
Speaker 7 (02:20:39):
Yes.
Attorney Christian Watson (02:20:39):
And did you place that there?
Speaker 7 (02:20:41):
Yes.
Attorney Christian Watson (02:20:42):
And that is in the middle of the photograph towards the, I guess, I'll call it the short side of the road, opposite of where that white truck is. Is that correct, sir?
Speaker 7 (02:20:52):
Yes, that is.
Attorney Christian Watson (02:20:53):
Okay. And can you go to the next GCP point, please? And is that GCP 3?
Speaker 7 (02:21:02):
That is GCP 4.
Attorney Christian Watson (02:21:03):
Four, excuse me. And may the record reflect that is across the street from the driveway that you previously had pointed out that went up into the woods. Is that correct, sir?
Speaker 7 (02:21:13):
Yes.
Attorney Christian Watson (02:21:14):
And is there another GCP point?
Speaker 7 (02:21:17):
Yes.
Attorney Christian Watson (02:21:19):
And what number is that?
Speaker 7 (02:21:20):
GCP 5.
Attorney Christian Watson (02:21:22):
And is that reflected ... In the record reflect that is, if you're looking at the exhibit to the left of the driveway that went up into the woods, is that correct, sir?
Speaker 7 (02:21:32):
Yes.
Attorney Christian Watson (02:21:32):
How are GCP points calculated?
Speaker 7 (02:21:35):
GCP 1 and GCP 2 are calculated at 100 feet in distance. Again, that assists with the drone photography that ties all the photos together. The rest of the GCPs or the remainder GCPs are placed sporadically through the scene, not too far apart just to incorporate all the photos.
Attorney Christian Watson (02:21:58):
Okay. And in looking at that photograph, sir, there appears to be a white truck in the roadway. Is that correct, sir?
Speaker 7 (02:22:06):
Yes.
Attorney Christian Watson (02:22:06):
Is that white truck a part of your unit's processing?
Speaker 7 (02:22:10):
No.
Attorney Christian Watson (02:22:11):
Did that white truck belong to your unit?
Speaker 7 (02:22:13):
No, it did not.
Attorney Christian Watson (02:22:14):
Was that white truck parked there when you arrived at the location?
Speaker 7 (02:22:18):
Yes.
Attorney Christian Watson (02:22:26):
And does that scene map contain the location of any biological material that was found at that scene?
Speaker 7 (02:22:30):
Yes.
Attorney Christian Watson (02:22:32):
And how is that indicated?
Speaker 7 (02:22:34):
By the red arrows and it's also labeled biological material.
Attorney Christian Watson (02:22:38):
And did you denote on that scene map where all the biological material that you found was at this particular location?
Speaker 7 (02:22:46):
Yes.
Attorney Christian Watson (02:22:46):
And does that scene map contain the location of any cross-transfer marks?
Speaker 7 (02:22:52):
Yes.
Attorney Christian Watson (02:22:53):
And did you denote ... And how is that denoted on that map?
Speaker 7 (02:22:57):
That is denoted by the blue arrow labeled cross-transfer mark.
Attorney Christian Watson (02:23:01):
And does that scene map contain the location of the hair clip and the right boot that you had said you found at that location?
Speaker 7 (02:23:08):
Yes.
Attorney Christian Watson (02:23:08):
And are they labeled as well?
Speaker 7 (02:23:10):
Yes, they are.
Attorney Christian Watson (02:23:14):
Now in looking at that scene map, which is State's Exhibit 58, the area where GCP 1, is that near the entrance to 28 Fieldview Drive?
Speaker 7 (02:23:27):
I believe that's 30.
Attorney Christian Watson (02:23:32):
May I have one moment?
Judge (02:23:34):
You may.
Attorney Christian Watson (02:23:36):
Actually, yeah. Can you go back to the other one? Go back to State's Exhibit 57. So in looking at that, was the GCP 1 towards 30 Fieldview or 28?
Speaker 7 (02:23:37):
Toward 30.
Attorney Christian Watson (02:23:37):
Okay. Can we go back please? Thank you. Now I'll show you what's been marked as State's Exhibit 59. Does that photograph depict from that GCP 1 point down Fieldview Drive?
Speaker 7 (02:24:27):
Yes.
Attorney Christian Watson (02:24:32):
Now in looking at State's Exhibit 58 again, please, the area that's denoted as GCP 2, what area is that? At that location, where is that near?
Speaker 7 (02:24:50):
Would be the sequential order of the address next to that.
Attorney Christian Watson (02:24:54):
Okay. Now I'll show you what's been marked as State's Exhibit 60. Does that photograph fairly and accurately depict a photograph taken from GCP 2 down Fieldview Drive?
Speaker 7 (02:25:10):
Yes.
Attorney Christian Watson (02:25:15):
Now, while you were processing that scene, were you able to discern an area in the roadway where that female that was in the truck, the passenger side of the truck, struck the roadway?
Speaker 7 (02:25:23):
Yes.
Attorney Christian Watson (02:25:24):
And looking at State's Exhibit 58, can you please indicate that area?
(02:25:44)
May the record reflect he's pointing to the end of the blue arrow that says cross-transfer mark to the first point.
Judge (02:25:52):
All right. Record will reflect that.
Attorney Christian Watson (02:25:53):
And is there a line that extends from that area into a different direction?
Speaker 7 (02:25:59):
Yes.
Attorney Christian Watson (02:26:00):
And can you trace that line please? And may the record reflect he went from the end of the blue arrow in a, I guess, upward fashion towards the side of the road to the end of the blue line.
Judge (02:26:21):
The record still-
Attorney Christian Watson (02:26:21):
What is the significance of that line, that blue line?
Speaker 7 (02:26:22):
That is the cross-transfer mark from the decedent.
Attorney Christian Watson (02:26:27):
Now, how were you able to determine that that was the area where the female first struck the pavement?
Speaker 7 (02:26:33):
Based on the evidence that was on scene, that's where the materials from the cross-transfer mark were first depicted, which delineated her path of travel.
Attorney Christian Watson (02:26:44):
Okay. So the blue line delineates her path of travel once she hits the roadway?
Speaker 7 (02:26:49):
Yes.
Attorney Christian Watson (02:26:50):
Now, what is the total distance from one side of the roadway to the other?
Speaker 7 (02:26:55):
Approximately 21 feet.
Attorney Christian Watson (02:26:57):
And what is the total distance of the middle of the roadway?
Speaker 7 (02:27:03):
Approximately 11 feet.
Attorney Christian Watson (02:27:09):
So if that roadway has two lanes of travel, how wide would each lane of travel be?
Speaker 7 (02:27:16):
Approximately anywhere from 10 to 11 feet.
Attorney Christian Watson (02:27:20):
And what is the distance from the edge of the roadway to where you located that first point of contact on the roadway?
Speaker 7 (02:27:27):
Approximately 3.5 feet.
Attorney Christian Watson (02:27:36):
And how far is it from the first point of contact with that roadway to the ending point that you indicated on the cross-transfer mark?
Speaker 7 (02:27:44):
I'd have to refer to my report for the exact measurement.
Attorney Christian Watson (02:27:49):
Okay. If I was to show you your report, would that help?
Speaker 7 (02:27:50):
Yes.
Attorney Christian Watson (02:28:08):
[inaudible 02:28:03]. So just take a moment and look at that and then when you refresh your recollection, let me know and then just turn those items over please, sir. Okay?
Speaker 7 (02:28:15):
Yes. So the cross-transfer mark delineating her path of travel was approximately 12 feet in length.
Attorney Christian Watson (02:28:23):
Okay. Thank you. In what direction did the person that separated from that truck move in the roadway?
Speaker 7 (02:28:49):
In a north-northwesterly direction.
Attorney Christian Watson (02:28:53):
And is that direction towards the ... Actually, strike that. How would you describe this area of the roadway here where the roadway ends?
Speaker 7 (02:29:04):
I would call that the northernmost part of the roadway.
Attorney Christian Watson (02:29:06):
Okay. So in looking at the northernmost part of the roadway, when that person separates from the truck, do they go in the direction towards that northernmost part of the roadway, if it's the path of travel?
Speaker 7 (02:29:22):
Yes.
Attorney Christian Watson (02:29:22):
Okay. Now, based upon that, did you make a determination as to what direction the truck was traveling on that roadway?
Speaker 7 (02:29:33):
Yes.
Attorney Christian Watson (02:29:33):
And what direction was the truck traveling?
Speaker 7 (02:29:36):
The truck was traveling westerly toward Polly Dan.
Attorney Christian Watson (02:29:40):
Okay. And that map does not indicate north, south, east ... Or does indicate north, south, east, and west, is that correct?
Speaker 7 (02:29:46):
Yes.
Attorney Christian Watson (02:29:47):
Okay. And what would be the westerly direction?
Speaker 7 (02:29:51):
It would be toward Polly Dan to the left.
Attorney Christian Watson (02:29:53):
Okay. And is it in the direction that I'm tracing right now?
Speaker 7 (02:29:57):
Yes.
Attorney Christian Watson (02:29:58):
And what I've indicated is I put my finger above the white truck that's depicted in the center of the photograph and dragged it up the roadway to the left. How did you come to that conclusion?
Speaker 7 (02:30:14):
Based on the evidence of the roadway and the statements that were gathered on scene by other troopers, that the decedent was a passenger in the vehicle, and based on the evidence of what was depicted on scene, we could tell that she was a passenger.
Attorney Christian Watson (02:30:35):
And was that truck that was operating in that roadway traveling away from 28 Fieldview Drive?
Speaker 7 (02:30:42):
Yes.
Attorney Christian Watson (02:30:48):
Now, based upon your overall measurements of the width of the roadway, can you tell us if there was evidence of whether or not the truck that that female was driving in was, or was a passenger in, was operating within the proper lane of travel before she separated from the truck?
Speaker 7 (02:31:06):
No.
Attorney Christian Watson (02:31:07):
And how did you come to that conclusion, sir?
Speaker 7 (02:31:11):
Based on the width of the roadway and that the beginning of the transfer, the cross-transfer mark being approximately three and a half feet, I'm unable to determine whether or not the vehicle was in the proper lane.
Attorney Christian Watson (02:31:26):
Looking at State's Exhibit 58, at the end of that blue line that's indicated the cross-transfer mark, on that exhibit, there's items indicated as biological material, is that correct?
Speaker 7 (02:31:38):
Yes.
Attorney Christian Watson (02:31:41):
And when that roadway was searched, was biological material found?
Speaker 7 (02:31:45):
Yes.
Attorney Christian Watson (02:31:46):
In how many different spots on that roadway did you find biological material?
Speaker 7 (02:31:51):
Approximately five places.
Attorney Christian Watson (02:31:53):
And was a photograph taken that depicts those five areas?
Speaker 7 (02:31:56):
Yes.
Attorney Christian Watson (02:31:57):
I'll show you State's Exhibit 61. Does that fairly and accurately depict those areas?
Speaker 7 (02:32:07):
Yes.
Attorney Christian Watson (02:32:13):
Now looking at State's Exhibit 62, does that indicate ... Is that an up close photograph of the previous exhibit that would show the areas of the cross-transfer marks?
Speaker 7 (02:32:26):
Yes.
Attorney Christian Watson (02:32:27):
Or the biological material, excuse me.
Speaker 7 (02:32:28):
Yes.
Attorney Christian Watson (02:32:30):
And looking at State's Exhibit 63, what does that photograph depict?
Speaker 7 (02:32:40):
Biological material.
Attorney Christian Watson (02:32:41):
Okay. And in the upper left-hand portion of that photograph, what is depicted there?
Speaker 7 (02:32:47):
A cowboy-style boot.
Attorney Christian Watson (02:32:49):
And was that biological material found near that boot?
Speaker 7 (02:32:52):
Yes.
Attorney Christian Watson (02:32:54):
And looking at State's Exhibit 64, is that an up close photograph of the biologic material that was found?
Speaker 7 (02:33:04):
Yes.
Attorney Christian Watson (02:33:05):
Near that boot?
Speaker 7 (02:33:06):
Yes.
Attorney Christian Watson (02:33:08):
Now, you had indicated that that boot was seized as evidence, is that correct, sir?
Speaker 7 (02:33:13):
Yes.
Attorney Christian Watson (02:33:14):
I'll show you what's been marked as State's Exhibit 65, I believe. Let me just make sure of that.
(02:33:18)
Do you recognize that item?
Speaker 7 (02:33:33):
Yes.
Attorney Christian Watson (02:33:34):
Was that the boot that was taken into evidence at that scene that day?
Speaker 7 (02:33:37):
Yes.
Attorney Christian Watson (02:33:37):
And is there an evidence tag on State's Exhibit 65, which is a full exhibit?
Speaker 7 (02:33:41):
Yes.
Attorney Christian Watson (02:33:42):
And what does the evidence tag indicate the item that is contained in that bag?
Speaker 7 (02:33:47):
One 10 cowboy boot, size 8.5, right foot.
Attorney Christian Watson (02:33:51):
Okay. Let me have one moment.
(02:33:52)
And you have gloves there, sir?
Speaker 7 (02:34:06):
Yes.
Attorney Christian Watson (02:34:17):
Can you put them on, please? Sounds like your hands are struggling.
Speaker 7 (02:34:24):
Small.
Attorney Christian Watson (02:34:27):
All right. I'm going to ask for the court's permission to unseal that exhibit, please.
Judge (02:34:31):
You can unseal it.
Attorney Christian Watson (02:34:31):
Can you cut the evidence seal on the top of that bag, please, carefully?
(02:34:36)
And can you pull that item out, please?
(02:35:06)
Okay. And have you had a chance to look at that item?
Speaker 7 (02:35:20):
On scene, yes.
Attorney Christian Watson (02:35:21):
Yes. Okay. Now, can you place that back in the bag, please? I'm going to show you what's been marked as State's Exhibit 15. It was previously marked as a full exhibit. I just ask that when you examine the contents of that, look at that, what's inside there, please. Is that the matching boot to the one that you found at that scene?
Speaker 7 (02:35:50):
Yes.
Attorney Christian Watson (02:36:15):
Can you please put that back in the bag, please? After that area where the boot was located was searched, was the rest of the roadway searched as well?
Speaker 7 (02:36:20):
Yes.
Attorney Christian Watson (02:36:21):
And did you work your way down the roadway up towards Polly Dan Road?
Speaker 7 (02:36:25):
Yes.
Attorney Christian Watson (02:36:26):
And were you methodical when you did that?
Speaker 7 (02:36:27):
Yes.
Attorney Christian Watson (02:36:29):
And when that was done, did you locate any additional items of evidentiary value?
Speaker 7 (02:36:33):
Yes.
Attorney Christian Watson (02:36:34):
And what did you locate, sir?
Speaker 7 (02:36:36):
In the roadway, there appeared to be seedlings that were crushed, which continued in a westerly direction, and at the end of the crushed seedlings was a hair clip.
Attorney Christian Watson (02:36:45):
Okay. And when you located that hair clip, about how far was that hair clip located from where the boot was in the roadway?
Speaker 7 (02:36:53):
I would probably estimate about approximately 100 feet.
Attorney Christian Watson (02:36:57):
Okay. Showing you what's been marked as State's Exhibit 66. Do you recognize that photograph?
Speaker 7 (02:37:06):
Yes.
Attorney Christian Watson (02:37:07):
And does that photograph depict the area of where the boot was recovered?
Speaker 7 (02:37:11):
Yes.
Attorney Christian Watson (02:37:11):
And does that photograph depict where the hair clip was recovered?
Speaker 7 (02:37:15):
Yes.
Attorney Christian Watson (02:37:16):
And can you please just use that mouse and indicate where the hair clip was recovered? And may the record reflect he's circling a black object in the right-hand portion of that roadway that appears to be a distance from where the boot was located.
Judge (02:37:37):
Record still will reflect.
Attorney Christian Watson (02:37:41):
Now going back to State's Exhibit 58, which is the scene map, what is the relevance of the pink dotted lines that are indicated in the roadway?
Speaker 7 (02:38:00):
That is the area where the crushed seedlings were located on the roadway.
Attorney Christian Watson (02:38:05):
And did your unit or did you or any member of the unit put those pink markings in that roadway?
Speaker 7 (02:38:11):
Yes.
Attorney Christian Watson (02:38:13):
And what did you refer to that area as?
Speaker 7 (02:38:17):
Area of cross-transfer marks.
Attorney Christian Watson (02:38:19):
And how far is it from one point in that cross-transfer mark to the end of it?
Speaker 7 (02:38:27):
I'd have to refer to my report for the definitive measurement.
Attorney Christian Watson (02:38:33):
Take a moment and look at your report and when you're done refreshing your recollection, just turn [inaudible 02:38:39].
Speaker 7 (02:38:50):
Approximately 54 feet and 3 inches.
Attorney Christian Watson (02:38:53):
Okay. Can you just close that for me, sir? Thank you. Now, while you're on scene, did you take photographs of that area that's delineated by the oval pink lines?
Speaker 7 (02:39:08):
Yes.
Attorney Christian Watson (02:39:09):
Okay. Showing you what's been marked as State's Exhibit 67. Does that depict that area?
Speaker 7 (02:39:19):
Yes.
Attorney Christian Watson (02:39:20):
And looking at that photograph, and if you need to zoom in, sir, you can do that. It's in the lower right-hand corner. In looking at that photograph, can you just please describe what it indicates?
Speaker 7 (02:39:30):
That picture depicts the crushed seedlings or samoas that were located on the roadway.
Attorney Christian Watson (02:39:36):
Okay. So when you're talking about crushed seedlings, what do you mean?
Speaker 7 (02:39:39):
The, in other terms, the helicopters that are produced by trees that are landing on the roadway.
Attorney Christian Watson (02:39:47):
Those are the ones that are in my pool that are really annoying?
Speaker 7 (02:39:49):
Yes.
Attorney Christian Watson (02:39:49):
All right. So when you found those, how did you delineate that that was a drag area?
Speaker 7 (02:39:56):
It was delineated because depicted in front of us was a bunch of seedlings around it that were not crushed, and the area where we believe that this drag ensued, they were crushed, and there was also some clothing cross-transfer marks within those seedlings.
Attorney Christian Watson (02:40:17):
And when you examined that area of those, where that drag mark is, is that heading away from 28 Fieldview Drive?
Speaker 7 (02:40:26):
Yes.
Attorney Christian Watson (02:40:27):
And is it heading toward where you found the hair clip that was in that roadway?
Speaker 7 (02:40:30):
Yes.
Attorney Christian Watson (02:40:32):
And was that hair clip seized as evidence, sir?
Speaker 7 (02:40:34):
Yes.
Attorney Christian Watson (02:40:35):
I'll show you what's been marked as State's Exhibit 68. It's marked as a full exhibit, please. You don't have to put gloves on, sir. Do you recognize that exhibit?
Speaker 7 (02:40:55):
Yes.
Attorney Christian Watson (02:40:56):
Is that the hair clip that was found at that location?
Speaker 7 (02:40:58):
Yes.
Attorney Christian Watson (02:40:59):
Is there an evidence tag on that bag, sir?
Speaker 7 (02:41:01):
Yes.
Attorney Christian Watson (02:41:01):
And what is the item of evidence that's indicated in that bag?
Speaker 7 (02:41:05):
One black hair clip.
Attorney Christian Watson (02:41:14):
When you searched that entire area of where you had indicated that you were dispatched, did you find any evidence of skid marks?
Speaker 7 (02:41:23):
No.
Attorney Christian Watson (02:41:28):
What did you do in order to look for skid marks?
Speaker 7 (02:41:33):
Walk the scene, observe different angles, and look for evidence of any tire marks or skid marks.
Attorney Christian Watson (02:41:42):
And you had indicated that when you were at that scene, there was intermittent, I believe you said, precipitation on the ground of the roadway. Is that correct?
Speaker 7 (02:41:50):
Yes.
Attorney Christian Watson (02:41:51):
Would you expect to find skid marks at that location?
Speaker 7 (02:41:57):
If a vehicle's traveling fast enough, a vehicle will leave skid marks in wet roadway conditions.
Attorney Christian Watson (02:42:02):
If someone jammed on their brakes or stoved their brakes, would you expect to find skid marks in that area?
Speaker 7 (02:42:07):
Yes.
Attorney Christian Watson (02:42:08):
And did you find any?
Speaker 7 (02:42:09):
No.
Attorney Christian Watson (02:42:11):
After that scene was processed, what did you do with the boot and the hair clip that was seized as evidence?
Speaker 7 (02:42:17):
It remained on scene. It was submitted as evidence captured by the troopers that were on scene.
Attorney Christian Watson (02:42:25):
And did they transport those items of evidence back to the Western District Major Crime?
Speaker 7 (02:42:29):
Yes.
Attorney Christian Watson (02:42:38):
And going back to State's Exhibit 58, the end of the blue line that's indicated on that exhibit where it says cross-transfer mark, do you see where I'm pointing?
Speaker 7 (02:42:52):
Yes.
Attorney Christian Watson (02:42:54):
Did you see a pooling of blood in that area?
Speaker 7 (02:42:57):
Yes.
Attorney Christian Watson (02:42:59):
And is that part of the determination you used to find the person's final resting point?
Speaker 7 (02:43:03):
Yes.
Attorney Christian Watson (02:43:05):
And as it pertains to your investigation into this matter, did you do any sort of calculations as to the speed at which that motor vehicle was moving when the person separated from it?
Speaker 7 (02:43:17):
Yes.
Attorney Christian Watson (02:43:17):
How did you do that, sir?
Speaker 7 (02:43:18):
It's a serial formula for a sliding or tumbling pedestrian or individual.
Attorney Christian Watson (02:43:25):
And what type of data do you have to input into that formula?
Speaker 7 (02:43:28):
The drag factor of the road, the length that the person slid or tumbled.
Attorney Christian Watson (02:43:35):
And when you did that, did it give you a calculation as to speed?
Speaker 7 (02:43:39):
Yes.
Attorney Christian Watson (02:43:40):
And what was that calculation, sir?
Speaker 7 (02:43:42):
Approximately 13 to 15 miles an hour.
Attorney Christian Watson (02:43:46):
Anything else?
Speaker 8 (02:43:46):
No.
Attorney Christian Watson (02:43:47):
I have nothing further. Thank you.
Attorney Minnella (02:43:55):
Good afternoon, Detective.
Attorney Christian Watson (02:43:56):
Good afternoon.
Attorney Minnella (02:43:58):
You have been subpoenaed by me as a defense witness in this case, is that correct?
Speaker 7 (02:44:03):
Yes.
Attorney Minnella (02:44:05):
I've got a number of questions to ask you. What do you do as an accident reconstructionist?
Speaker 7 (02:44:16):
I reconstruct fatal and serious motor vehicle accidents.
Attorney Minnella (02:44:21):
And who was the primary detective on this case?
Speaker 7 (02:44:25):
I am, sir.
Attorney Minnella (02:44:27):
On the whole case, who was Detective Slavey?
Speaker 7 (02:44:31):
Detective Slavey is a major crime detective.
Attorney Minnella (02:44:35):
But he is listed as the primary officer on your construction report or reconstruction report?
Speaker 7 (02:44:43):
That's out of the scope of my ...
Attorney Minnella (02:44:45):
Pardon me?
Speaker 7 (02:44:46):
That's out of the scope of my investigation. I'm ...
Attorney Minnella (02:44:49):
Do you remember on your investigation report referring to Detective Slavey as the primary detective on this case? Do you remember that?
Speaker 7 (02:45:00):
No.
Attorney Minnella (02:45:00):
May I approach the witness Your Honor?
Judge (02:45:04):
You may.
Attorney Minnella (02:45:16):
I'm going to ask you to refer to this. Just read what I'm pointing out and see if this refreshes your recollection, just that part.
Speaker 7 (02:45:28):
That could be an error.
Attorney Minnella (02:45:29):
It could? So it doesn't refresh your recollection that he was the primary officer or detective on this case? Is that your answer.
Judge (02:45:38):
I think he said it could be an error.
Attorney Minnella (02:45:41):
That could be an error? Is that your construction report?
Speaker 7 (02:45:45):
That is my supplemental report, yes.
Attorney Minnella (02:45:49):
And tell the ladies and gentlemen of the jury who your sergeant supervisor was in the Cars Unit.
Speaker 7 (02:46:00):
At the time of the accident or at the time of the investigation?
Attorney Minnella (02:46:01):
At the time of the investigation and accident.
Speaker 7 (02:46:06):
Sergeant Pelletier.
Attorney Minnella (02:46:08):
Pardon?
Speaker 7 (02:46:08):
Sergeant Pelletier.
Attorney Minnella (02:46:10):
And who was Sergeant Mark D'Chico?
Speaker 7 (02:46:16):
I'm sorry, can you rephrase that?
Attorney Minnella (02:46:18):
Who is Sergeant Mark D'Chico of the Cars Unit of the Connecticut State Police?
Speaker 7 (02:46:25):
I'm sorry, you're referring to Sergeant Mark Dicocco?
Attorney Minnella (02:46:28):
D'Chico.
Speaker 7 (02:46:29):
I'm unfamiliar with this Sergeant D'Chico.
Judge (02:46:43):
You could approach-
Attorney Minnella (02:46:43):
Do you recollect that Sergeant D'Chico was the supervisor on your investigation in the Cars Unit?
Speaker 7 (02:46:52):
Sergeant Mark Dicocco was a supervisor in the Accident Reconstruction Unit.
Attorney Minnella (02:46:57):
May I approach the witness, Your Honor?
Judge (02:46:59):
You may.
Attorney Minnella (02:46:59):
I'm going to show you this document and ask you to read this. Is that your name?
Speaker 7 (02:47:05):
Yes.
Attorney Minnella (02:47:08):
And is that the name below it?
Speaker 7 (02:47:09):
Yes.
Attorney Minnella (02:47:10):
Does that help refresh your recollection?
Attorney Christian Watson (02:47:12):
He hasn't indicated he needs his recollection refreshed.
Judge (02:47:16):
Is D'Chico and Dicocco two separate individuals or semantics? You're calling him the D'Chico ...
Attorney Minnella (02:47:23):
It maybe semantics. Dicocco.
Judge (02:47:26):
How do you spell it?
Attorney Minnella (02:47:27):
D-I-C- O-C-C-O. Was he your supervisor in this Cars Unit?
Speaker 7 (02:47:40):
At the time that the report was submitted, yes.
Attorney Minnella (02:47:41):
Okay.
Judge (02:47:41):
And is that the one you're referring to as D'Chico?
Attorney Minnella (02:47:46):
Yes, Your Honor.
Judge (02:47:46):
All right.
Attorney Minnella (02:47:51):
That's it. And is it correct that you're trained to analyze and reconstruct motor vehicle accidents?
Speaker 7 (02:47:57):
That involve serious injury or fatalities, yes.
Attorney Minnella (02:48:01):
And did you attend the autopsy of the decedent in this case?
Speaker 7 (02:48:09):
Yes.
Attorney Minnella (02:48:10):
And who else attended the autopsy, if you can remember?
Speaker 7 (02:48:17):
Detective Slavey.
Attorney Minnella (02:48:17):
Detective Slavey?
Speaker 7 (02:48:17):
Yes.
Attorney Minnella (02:48:18):
Okay. Now, you and your squad, who was in your squad when you went to the scene on Fieldview on May 21st?
Speaker 7 (02:48:37):
I'm not sure of exactly who was there, but I can name some of my colleagues who I believe were there, yes.
Attorney Minnella (02:48:43):
Okay. Can you name them?
Speaker 7 (02:48:45):
Sergeant Ken Pelletier, Detective Mark [inaudible 02:48:51] and Detective Ryan Hackett.
Attorney Minnella (02:48:55):
Did you ever report what your findings were to Detective Slavey?
Speaker 7 (02:49:00):
Not at that time, no.
Attorney Minnella (02:49:02):
At any time, did you?
Speaker 7 (02:49:06):
Not that I can recall, no.
Attorney Minnella (02:49:08):
Now, based on your memory and recollection, you remember that Sophie exited this vehicle on two occasions?
Speaker 7 (02:49:22):
At the time of the investigation, I was unaware.
Attorney Minnella (02:49:25):
You were unaware? Are you aware of it now?
Speaker 7 (02:49:28):
I'm aware of it now, yes.
Attorney Minnella (02:49:31):
Were you aware of the arrest warrant that was made for my client?
Speaker 7 (02:49:38):
I was not made aware of it, no.
Attorney Minnella (02:49:39):
You were not. You've never looked at paragraph 119 of the arrest warrant?
Speaker 7 (02:49:47):
I did not. That's not my scope.
Attorney Minnella (02:49:49):
At some point in time, I'll give you a date, March 22nd, '24, did you learn that the state police had made an error as far as the ...
Attorney Minnella (02:50:00):
... made an error as far as the location that Sophie left the vehicle the first time?
Speaker 7 (02:50:08):
I am unaware.
Speaker 11 (02:50:09):
That's not true.
Attorney Minnella (02:50:17):
Are you aware of it now that there was a mistake?
Speaker 7 (02:50:21):
I am not aware of it now, no.
Attorney Minnella (02:50:30):
Your Honor, may I approach the witness?
Judge (02:50:34):
For what purpose?
Attorney Minnella (02:50:36):
To refresh his recollection. He said he's not aware of it. You don't remember it, is that correct?
Speaker 7 (02:50:42):
I was never made aware of any error that was made by anyone other than who is in my unit.
Attorney Minnella (02:50:47):
May I use this document to refresh your recollection?
Speaker 9 (02:50:52):
He doesn't need his recollection-
Judge (02:50:53):
I think his testimony was he's not aware.
Attorney Minnella (02:50:55):
All right. So you don't remember, correct, if you were notified that the location that you left the vehicle the first time was not Route 72?
Speaker 7 (02:51:07):
It's safe to say I'm not unaware of it. At the time, my unit was only aware of one time.
Attorney Minnella (02:51:16):
Did your unit ever go to Locust Road to process the scene after March 24th of '24?
Speaker 7 (02:51:28):
No, we were unaware of another location.
Attorney Minnella (02:51:30):
Is that your testimony here under oath?
Speaker 7 (02:51:35):
While on scene at 28 Fieldview Drive, we were unaware of a second location.
Attorney Minnella (02:51:40):
You were on the scene on May 21st, 2023. Correct?
Speaker 7 (02:51:48):
Yes.
Attorney Minnella (02:51:49):
I'm questioning you about the date of March 22nd, 2024. Did you ever go to the scene of Locust Road and process that scene?
Speaker 7 (02:52:08):
No.
Attorney Minnella (02:52:10):
Prior to that, did you ever go to Route 72, you or any members of your department, and process the scene where the state police believed she exited the vehicle?
Speaker 7 (02:52:25):
As speaking for the CARS unit, no, we did not go out and process another scene.
Attorney Minnella (02:52:30):
Are you aware that Route 72, that scene, was processed by the Connecticut State Police?
Speaker 7 (02:52:38):
I am unaware.
Attorney Minnella (02:52:40):
Are you aware that a vape was found on that scene on Route 72?
Speaker 9 (02:52:46):
This assumes facts not in evidence.
Judge (02:52:48):
I'll allow it.
Speaker 7 (02:52:54):
I'm unaware that a vape was found.
Attorney Minnella (02:52:57):
You were involved in this case from the beginning, correct?
Speaker 7 (02:53:01):
Yes.
Attorney Minnella (02:53:02):
From the autopsy, do you know when the arrest warrant was issued?
Speaker 7 (02:53:06):
I do not, no.
Attorney Minnella (02:53:06):
You do not. As part of the CARS unit, your job is to reconstruct an accident when there's a fatality or a serious injury. Is that correct?
Speaker 7 (02:53:28):
Yes.
Attorney Minnella (02:53:34):
You calculated, I'm going to try not to repeat what my brother had questioned you about, but you calculated the speed, if I'm correct, at 13 miles an hour to 15.87 miles an hour. Is that correct?
Speaker 7 (02:53:53):
Yes.
Attorney Minnella (02:53:55):
You testified a little while ago that there were no skid marks, correct?
Speaker 7 (02:54:03):
Yes.
Attorney Minnella (02:54:04):
Did you find any evidence you have deacceleration? You know what that is?
Speaker 7 (02:54:11):
Yes.
Attorney Minnella (02:54:12):
When a vehicle slows down. So you came up with a speed based on everything you testified to.
Judge (02:54:19):
You asked the question, "Any evidence of de..."
Attorney Minnella (02:54:21):
Acceleration.
Judge (02:54:22):
"... acceleration." Did he answer that? [inaudible 02:54:25]
Attorney Minnella (02:54:25):
Did you answer that?
Speaker 7 (02:54:27):
There was no evidence of any deceleration.
Attorney Minnella (02:54:29):
You have a speed of between 13 and 15.8 miles an hour based on your analysis as an accident reconstruction person, correct?
Speaker 7 (02:54:45):
Yes.
Attorney Minnella (02:54:47):
Are you familiar with Life360?
Speaker 7 (02:54:51):
I've heard about it. I'm not familiar with how it works.
Attorney Minnella (02:54:54):
So you've never used Life360 in any of your investigations, is that correct?
Speaker 7 (02:55:01):
That is correct.
Attorney Minnella (02:55:02):
Were you informed that Life360 said that the vehicle was traveling at a speed of 20 miles an hour when she left the vehicle? Are you familiar with that?
Speaker 9 (02:55:13):
Relevance.
Attorney Minnella (02:55:15):
It is relevant.
Speaker 10 (02:55:16):
It's incorrect.
Judge (02:55:19):
One would be hearsay of what he heard about Life360. He has no experience with Life360. He's never used it in his investigation, so I don't know how that's relevant at this point.
Attorney Minnella (02:55:31):
Well, was he informed by anyone that Life360 said the vehicle was going 20 miles an hour? Did you-
Speaker 9 (02:55:39):
That is a factually untrue question as to the speed of the vehicle as it pertains to the data from Life360. And he wouldn't know what the speed of the vehicle is from the data from Life360 because all he did was process the scene.
Judge (02:55:57):
If you're trying to get an inconsistency with Life360, you could do that with another-
Attorney Minnella (02:56:00):
No, I'm trying to, Your Honor, I'm trying to explain what CARS found versus what they learned at a later date as far as the calculations of the speed of that vehicle when Sophie left that vehicle. That's what I'm asking.
Judge (02:56:18):
I'm going to ask that the jury be excused for a moment. [inaudible 03:12:19] have a seat, ladies and gentlemen. Apologize.
Speaker 7 (03:12:29):
I can go back to that, just to clarify.
Judge (03:12:32):
All right. Attorney Minnella, I'm going to have that last question withdrawn-
Attorney Minnella (03:12:35):
Yes, Your Honor.
Judge (03:12:37):
... and you can re-ask it if you want. Okay. Or in a different way or if you want to go on another topic.
Attorney Minnella (03:12:41):
I'm not asking questions. I'm not asking questions, I want this answered. [inaudible 03:13:44]
Judge (03:14:00):
All right. Parties stipulates their presence of the jury?
Attorney Minnella (03:14:06):
Yes, Your Honor.
Speaker 9 (03:14:07):
Yes.
Judge (03:14:07):
Have a seat, ladies and gentlemen. Thank you very much. Ladies and gentlemen, that last question is withdrawn. Okay. Attorney Minnello?
Attorney Minnella (03:14:19):
Thank you, Your Honor.
Judge (03:14:20):
Yep.
Attorney Minnella (03:14:21):
Now, Detective, on 2/21/24, did you meet with Detectives Slavey, Decoco, Koehler and Hazen, all of the Connecticut State Police at the OCME to discuss this case? Do you remember that meeting?
Speaker 7 (03:14:41):
The individuals you stated, the detectives, yes, it was not all of the Connecticut State Police.
Attorney Minnella (03:14:48):
You recall that meeting?
Speaker 7 (03:14:49):
Yes.
Attorney Minnella (03:14:50):
All right. So that was on 2/21/24, correct?
Speaker 7 (03:14:58):
Yes.
Attorney Minnella (03:14:58):
You now recall that meeting. And it's your testimony you don't know when the warrant was signed, do you? Is that your testimony?
Speaker 7 (03:15:09):
That is correct.
Attorney Minnella (03:15:11):
Was it signed before that meeting of 2/21/24, if you know?
Speaker 9 (03:15:17):
He can't answer that question if he doesn't know when the warrant was...
Judge (03:15:19):
He didn't say he does not know when the warrant was signed. Sustained.
Attorney Minnella (03:15:25):
Now you completed what we call a collision analyst in this case, right? Analysis in this case?
Speaker 7 (03:15:41):
Yes.
Attorney Minnella (03:15:46):
All right. And you agree that the accident occurred on May 20th, '23 or May 21st, 2023?
Speaker 7 (03:15:54):
Yes.
Attorney Minnella (03:15:57):
And on your report, do you know when Sophie separated from the truck?
Speaker 7 (03:16:05):
I'd have to refer to the exact date, but I believe it was the 21st.
Attorney Minnella (03:16:12):
Okay.
Speaker 7 (03:16:13):
I take that back. I believe it was probably the night before, maybe the 20th, and we were assigned to go to that address of 28th Fieldview on the 21st, the morning after.
Attorney Minnella (03:16:28):
And would you agree that she separated from that truck at a height of three feet, five inches?
Speaker 7 (03:16:36):
Yes.
Attorney Minnella (03:16:39):
And would you agree that Sophie impacted the southbound portion of the roadway?
Speaker 7 (03:16:48):
She would have impacted the northernmost side of the roadway.
Attorney Minnella (03:16:55):
And is it your testimony that your role was strictly limited to reconstruction and determining causation and contributing factors?
Speaker 7 (03:17:04):
Yes.
Attorney Minnella (03:17:05):
And you utilized your training and experience to conduct your analysis, is that correct?
Speaker 7 (03:17:12):
Yes.
Attorney Minnella (03:17:14):
And you also determined that the roadway area of collision sequence had a 5.2% grade?
Speaker 7 (03:17:22):
Yes.
Attorney Minnella (03:17:23):
Can you explain to the jury what that means?
Speaker 7 (03:17:25):
The elevation of the roadway, whether roadway is sloped or not.
Attorney Minnella (03:17:29):
And you used modern technology, correct, like a drone to complete the forensic mapping of the scene?
Speaker 7 (03:17:40):
Yes.
Attorney Minnella (03:17:42):
And did you ever use a Global Navigation Satellite System?
Speaker 7 (03:17:46):
Yes.
Attorney Minnella (03:17:48):
And can you explain to the jury what GPS is?
Speaker 7 (03:17:55):
GPS is Global Positioning System that there's coordinates used to figure out exact location of any objects.
Attorney Minnella (03:18:08):
And you also utilized laser mapping to measure the scene, is that correct?
Speaker 7 (03:18:17):
Yes. It wouldn't have been the scene. It would've been at Troop L, yes.
Attorney Minnella (03:18:26):
Which means is you wrote that the entire scene is captured by recording millions of data points. Is that correct?
Speaker 7 (03:18:33):
Yes.
Attorney Minnella (03:18:36):
You found physical evidence at the scene. Is that your testimony?
Speaker 7 (03:18:40):
Yes.
Attorney Minnella (03:18:41):
And the physical evidence helped you to analyze the scene of the accident, is that correct?
Speaker 7 (03:18:48):
Yes.
Attorney Minnella (03:18:49):
You conducted a speed analysis for this case, you testified?
Speaker 7 (03:18:54):
Yes.
Attorney Minnella (03:18:55):
And I believe, and correct me if I'm wrong, your speed analysis said that the truck at the point of separation of Sophie was going from roughly 13 to 15.8 miles per hour. Is that correct?
Speaker 7 (03:19:12):
Yes.
Attorney Minnella (03:19:14):
You determined that speed based on roadway evidence, is that correct?
Speaker 7 (03:19:22):
Roadway evidence along with mathematic formulas, yes.
Attorney Minnella (03:19:28):
Do you know what the serial formula is?
Speaker 7 (03:19:31):
Yes.
Attorney Minnella (03:19:32):
Can you explain that to the ladies and gentlemen of the jury?
Speaker 7 (03:19:35):
The serial formula is the way to come up with a speed of a impacted pedestrian or a separated pedestrian individual in this case. As they impact the roadway, slide to final rest, I'm able to determine the speed of that vehicle based on the distance that she slides.
Attorney Minnella (03:19:58):
Now you had a report that you did as far as your accident reconstruction, is that correct?
Speaker 7 (03:20:09):
Yes.
Attorney Minnella (03:20:12):
And did you cite serial's papers in your report on page nine? Do you remember?
Speaker 7 (03:20:18):
Yes.
Attorney Minnella (03:20:20):
You measured a total trajectory distance that Sophie traveled after separating from the pickup truck. Is that correct?
Speaker 7 (03:20:29):
Yes.
Attorney Minnella (03:20:31):
And you did this by measuring roadway evidence, is that correct?
Speaker 7 (03:20:35):
Yes.
Attorney Minnella (03:20:37):
And you used evidence such as clothing drag marks in the roadway. Is that correct?
Speaker 7 (03:20:45):
I wouldn't say I used clothing drag marks in the cross transfer marks to determine the speed. I would say cross transfer marks.
Attorney Minnella (03:20:54):
And how about clothing transfer marks as you referred to on page four of your report? Do you remember using that in your analysis?
Speaker 7 (03:21:02):
Yes.
Attorney Minnella (03:21:06):
And I believe you testified that evidence that you found in the roadway included biological material cross transfer marks, correct?
Speaker 7 (03:21:16):
Yes.
Attorney Minnella (03:21:16):
And would you agree that's blood, skin, and hair that would adhere to the surface of the roadway?
Speaker 7 (03:21:24):
Yes.
Attorney Minnella (03:21:24):
And you found these in your investigation, correct?
Speaker 7 (03:21:27):
Yes.
Attorney Minnella (03:21:31):
And how was the blood, skin, and hair that adhered to the surface of the roadway? What caused that in your opinion?
Speaker 7 (03:21:42):
Any contact in this case by a human that impacts the roadway is going to leave an exchange of materials that of biological material.
Attorney Minnella (03:21:53):
And on page four of your report, I believe you stated that this material you found was caused by Sophie sliding and tumbling to her final resting place. Is that correct?
Speaker 7 (03:22:08):
Yes.
Attorney Minnella (03:22:09):
And in this case it was skin and flesh, correct?
Speaker 7 (03:22:13):
Yes.
Attorney Minnella (03:22:14):
Was there any blood that you found on the roadway?
Speaker 7 (03:22:18):
At her final rest position, yes.
Attorney Minnella (03:22:20):
You did. Okay. And I believe you testified you found the cowboy boot that was placed into evidence, correct?
Speaker 7 (03:22:28):
Yes.
Attorney Minnella (03:22:33):
And was there a blood-like substance pooling adjacent to the cowboy boot?
Speaker 7 (03:22:39):
Yes.
Attorney Minnella (03:22:39):
And what would that tell you based on your experience and training?
Speaker 7 (03:22:44):
That would be the area depicted, approximately her final rest.
Attorney Minnella (03:22:51):
And that was the final resting place after she slid and tumbled to her final resting place, correct?
Speaker 7 (03:22:58):
Yes.
Attorney Minnella (03:23:01):
And you measured this roadway evidence and you concluded that Sophie traveled 12 feet from separation to her final resting place. Do you remember that?
Speaker 7 (03:23:12):
Yes.
Attorney Minnella (03:23:15):
And you factored in the 12-foot measurement into a speed formula, and from that you determined the speed of Cooper's truck at the time of Sophie's separation?
Speaker 7 (03:23:29):
Yes.
Attorney Minnella (03:23:30):
And you determined that speed to be between 13 miles an hour and 15.87 miles an hour, is that correct?
Speaker 9 (03:23:39):
It's been asked and answered three times now.
Judge (03:23:40):
It has. Overruled.
Attorney Minnella (03:23:42):
Thank you, Your Honor. This fall and subsequent sliding and tumbling caused physical injuries to Sophie. Would you agree?
Speaker 7 (03:23:51):
Yes.
Attorney Minnella (03:23:53):
And they also caused injuries to her torso, would you agree?
Speaker 7 (03:23:59):
I can't answer that because she was not on scene as we-
Speaker 7 (03:24:00):
Answer that because she was not on scene as we were...
Attorney Minnella (03:24:13):
And you testified that Fieldview Drive is made of asphalt, correct?
Speaker 7 (03:24:13):
Yes.
Attorney Minnella (03:24:13):
And you never found any evidence that Sophie was struck by the truck, the motor vehicle, did you?
Speaker 7 (03:24:21):
No, I did not.
Attorney Minnella (03:24:24):
All right. And you also never found any evidence that Sophie was struck by the rear tire of Cooper's vehicle. Isn't that true?
Speaker 7 (03:24:35):
Yes.
Attorney Minnella (03:24:42):
And I believe you wrote in this sequence of events during this accident, the right front door of Cooper's truck opened. You concluded that?
Speaker 7 (03:24:55):
I'm sorry, can you repeat?
Attorney Minnella (03:24:57):
Yes. You concluded during the course of the sequence of events during this accident, that the right front door of Cooper's truck opened?
Speaker 7 (03:25:07):
Yes.
Attorney Minnella (03:25:09):
And how did you conclude that?
Speaker 7 (03:25:12):
At the time of the accident, we were supplied with a video from Major Crime that depicted a video of the door opening and her separating from the truck.
Attorney Minnella (03:25:24):
Now, did you also remove any device or diagnostic module from that truck?
Speaker 7 (03:25:36):
I did not, no.
Attorney Minnella (03:25:38):
Do you know that a device, what do they call that device in a truck or a car? It's like a black box in a plane. Would you agree with that?
Speaker 7 (03:25:48):
It's an EDR, yes.
Attorney Minnella (03:25:52):
Pardon me?
Speaker 7 (03:25:53):
It's a EDR. Yes, it's in the vehicle.
Attorney Minnella (03:25:56):
That works similar to a black box in a plane, doesn't it? It records events.
Speaker 7 (03:26:03):
If there is an event, an event is recorded, yes.
Attorney Minnella (03:26:08):
And as part of your investigation, did you find that that ED box never concluded that there was a collision between that truck and anything? Did you conclude that?
Speaker 12 (03:26:25):
That would call for speculation as he's indicated he did not examine the EDR.
Speaker 13 (03:26:33):
He did not examine the box.
Attorney Minnella (03:26:34):
I'll withdraw it. I'll call him as my witness at a later date. And you were there when the medical examiner did the autopsy, correct?
Speaker 7 (03:26:45):
Yes.
Attorney Minnella (03:26:55):
Now, correct me if I'm wrong, you took another investigative step when you took the download Cooper's truck's sensing and diagnostic module. You did that, didn't you?
Speaker 7 (03:27:11):
I believe I just downloaded the EDR, which is what that-
Attorney Minnella (03:27:15):
You downloaded it. Is that your testimony?
Speaker 7 (03:27:17):
It was downloaded to a device, yes.
Attorney Minnella (03:27:22):
So it's your testimony... Why would you download it if you wouldn't look at it?
Speaker 7 (03:27:32):
Just to verify that there was no events on the data recorder.
Attorney Minnella (03:27:36):
So you testified before that you never examined the data from that device. Isn't that true?
Speaker 7 (03:27:45):
There was no data on the device.
Attorney Minnella (03:27:46):
There was no data? Are you sure of that?
Speaker 7 (03:27:50):
Yes.
Attorney Minnella (03:27:54):
How about the crash sensor? Do you know what that does?
Speaker 7 (03:28:00):
They are located in the vehicle's front, rear, inside, and when activated, they report data.
Attorney Minnella (03:28:10):
Did you check that out, the crash sensor, to see if there was airbag deployment or seat belt deployment? Do you know what a seatbelt pertensioner is?
Speaker 7 (03:28:23):
A seatbelt pretensioner?
Attorney Minnella (03:28:23):
Yes.
Speaker 7 (03:28:25):
Yes.
Attorney Minnella (03:28:27):
Explain to the jury what that does.
Speaker 7 (03:28:29):
A seatbelt pretensioner is activated. It is similar to a CO canister. When the airbags are deployed, the seatbelts lock, preventing the person from becoming ejected out of the vehicle, so it locks you in the vehicle. It is also evidence on a accident reconstruction level that the person was wearing a seatbelt or not wearing a seatbelt, because if the pretensioner is activated and the seatbelt is locked against the B pillar, that means they were not wearing their seatbelt. If the crash occurs and the seatbelt is extended in the extended position and the pretensioner is activated, they could have had their seatbelt on, okay, stated that they didn't have it buckled behind them.
Attorney Minnella (03:29:18):
Would that device also tell you when a door is opened on the vehicle?
Speaker 7 (03:29:24):
No. No.
Attorney Minnella (03:29:28):
How would you know, based on your experience and training, if someone opened their door in a vehicle?
Speaker 7 (03:29:37):
As it pertains to the Cars Unit or in life?
Attorney Minnella (03:29:41):
Whatever way you want to pertain it to, as far as the Cars Unit or in life.
Speaker 7 (03:29:48):
In the Cars Unit, I wouldn't be able to tell if the door was open in this case.
Attorney Minnella (03:29:53):
How about in life?
Speaker 7 (03:29:55):
In life, if I was inside a vehicle, the audible alarm would go off along with a flashing light on the dashboard that would say the door's open.
Attorney Minnella (03:30:05):
Now, correct me if I'm wrong. When I asked you before, you said you didn't look at this ED device, is that correct?
Speaker 7 (03:30:16):
Yes.
Attorney Minnella (03:30:17):
You just downloaded it, is that correct?
Speaker 7 (03:30:17):
Yes.
Attorney Minnella (03:30:18):
And as a result of the download, is it your testimony no events were recorded?
Speaker 7 (03:30:24):
Yes.
Attorney Minnella (03:30:24):
All right. So when you say no events were recorded, Detective, if there was a crash, correct, it would be recorded on that device?
Speaker 7 (03:30:36):
If there was a crash that met the threshold for the EDR to record the event, yes.
Attorney Minnella (03:30:44):
Why don't you explain to me what that means in layman's terms, and to the jury?
Speaker 7 (03:30:51):
So an EDR, an event data recorder is what it's called, it's in every vehicle, generally from the early 2000s to current, that when there is an accident, particularly a collision, a crash, and the airbags are deployed, the EDR records data samples some five seconds back, some are up to eight seconds back, prior to the activation. So if there was a collision, if there was an event and the airbags were deployed, the event data recorder would have captured that data, which I would've used in this case to determine, to further investigate.
Attorney Minnella (03:31:35):
Did you examine the truck at any point in your investigation before you did your report?
Speaker 7 (03:31:44):
Yes.
Attorney Minnella (03:31:45):
All right. Is it fair to say there was no GPS in that truck?
Speaker 7 (03:31:55):
That's out of my scope.
Attorney Minnella (03:31:57):
I'm sorry? It's out of your scope. You're an accident reconstructionist, correct?
Speaker 7 (03:32:03):
Yes, but how would I know if the truck had GPS? I don't-
Attorney Minnella (03:32:06):
Because you examined the truck. The truck is examined as part of your reconstruction, isn't that true?
Speaker 7 (03:32:15):
Yes. I look more for damage profiles in the accident reconstruction end of it. So whether or not the truck had GPS, I don't-
Attorney Minnella (03:32:25):
But in your accident construction, when you analyze it before you prepare your final report, isn't it important to find out if that truck had GPS?
Speaker 7 (03:32:40):
I believe as a reconstructionist, it would be out of my scope in this case to see if the truck had GPS, considering that Western District major crime detectives had-
Attorney Minnella (03:32:50):
But I'm asking you in the field-
Speaker 12 (03:32:54):
Sorry, your Honor. Can witness answer the questions that's posed?
Attorney Minnella (03:33:00):
I apologize. Finish your answer, please.
Speaker 7 (03:33:02):
Again, as a reconstructionist, I inspect the vehicles for damage profiles to observe signs of scratching, crush. I'm not looking at whether or not the truck or vehicles are equipped with GPS.
Attorney Minnella (03:33:20):
If a truck is equipped with GPS, would you agree that GPS would go from the truck to a satellite?
Speaker 7 (03:33:29):
Yes.
Attorney Minnella (03:33:30):
All right. And from that satellite, you could determine the data that would tell you the speed that the truck traveled?
Speaker 7 (03:33:41):
If the GPS data showed the speed of the vehicle, I would take that into consideration, but based on the evidence that's presented to me at the scene, it may not be 100% accurate.
Attorney Minnella (03:33:56):
So the evidence that's presented at the scene may not be 100% accurate or the GPS, if it had GPS from a satellite, wouldn't be 100% accurate?
Speaker 7 (03:34:10):
The information from the GPS may not be 100% accurate.
Attorney Minnella (03:34:21):
It's one o'clock. I'm going to be a while.
Speaker 13 (03:34:23):
Okay. Ladies and gentlemen, it's a good time to break for lunch. Leave your notebooks on the chair. Enjoy your lunch. No talking about the case to anyone. Juror staff and each other, enjoy your lunch.
Speaker 14 (03:58:00):
(silence)
Judge (03:58:00):
[inaudible 04:38:10]. Everybody have a seat. Bring the jury in.
Speaker 15 (04:38:21):
Attorney Clifton will be back momentarily. We do not need to wait.
Judge (04:38:25):
I apologize. Do you want to wait till he gets back?
Speaker 15 (04:38:26):
No, we do not need to wait.
Judge (04:39:47):
Okay. All right. Parties stipulate to the presence of the jury?
Speaker 15 (04:39:49):
Yes, Your Honor.
Judge (04:39:50):
All right. Have a seat. Thank you, ladies and gentlemen. All right. Detective, you are still under oath and Attorney Minnella is in cross-examination. Yep.
Speaker 15 (04:40:10):
Thank you, Your Honor.
Attorney Minnella (04:40:10):
Just a few more questions, Detective. You prepared a report in this case?
Speaker 7 (04:40:16):
Yes.
Attorney Minnella (04:40:17):
All right. And did you say in your report that you reviewed no mechanical defects in the car or truck that my client was driving?
Speaker 7 (04:40:30):
Yes.
Attorney Minnella (04:40:30):
Okay. And when you talked about collision in your report, aren't you talking about Sophie hitting the asphalt?
Speaker 7 (04:40:41):
As part of the collision sequence, yes.
Attorney Minnella (04:40:43):
Yes. And you concluded in your report that his vehicle did not sustain any damage, correct?
Speaker 7 (04:40:55):
There was no collision damage on the vehicle.
Attorney Minnella (04:41:07):
So if you saw any evidence that Sophie had been run over or struck by that truck, you would've stated that in your report, is that correct?
Speaker 7 (04:41:20):
Yes.
Attorney Minnella (04:41:22):
And at some point in time, who went to the medical examiner's office with you to present your analysis or your report? Do you remember who went with you?
Speaker 7 (04:41:35):
At the autopsy or at the interview?
Attorney Minnella (04:41:37):
No. No. When you finished your report and presented it to the medical examiner.
Speaker 7 (04:41:43):
It was myself, Sergeant Mark DeCoco, Detective Koehler, Detective Slaby, and Detective Bastos, along with Dr. Vincent.
Attorney Minnella (04:41:53):
And Sergeant DeCoco was your supervisor, correct?
Speaker 7 (04:41:59):
At the time of that meeting, yes.
Attorney Minnella (04:42:00):
Okay. Thank you very much.
Speaker 7 (04:42:02):
You're welcome.
Speaker 15 (04:42:07):
At the time that you were dispatched to that scene on Fieldview Drive, was Sergeant DeCoco your supervisor?
Speaker 7 (04:42:14):
At the time, no.
Speaker 15 (04:42:15):
Who was?
Speaker 7 (04:42:15):
Sergeant Pelletier.
Speaker 15 (04:42:17):
And when you were asked on direct examination as it pertains to one of your reports indicating that Ryan Slaby or Detective Slaby was the primary officer, can you explain your answer please?
Speaker 7 (04:42:29):
So that was misspoken on my part. That is a supplemental report that is generated. The investigation retained through Major Crime and it was assigned to a primary detective. That detective is Detective Slaby, so that's why his name is at the top of that report. My report is labeled supplemental report, meaning I added a supplemental report to the primary officer's investigation, which would have been Detective Slaby. That is why my name is on the bottom of the report.
Speaker 15 (04:43:02):
Were you the primary investigator at the scene at Fieldview Drive in processing?
Speaker 7 (04:43:07):
For the cars unit, yes.
Speaker 15 (04:43:09):
Thank you. Now, you had indicated on cross-examination, you were asked about a video that you viewed while you were at that location.
Speaker 7 (04:43:17):
Yes.
Speaker 15 (04:43:17):
Do you recall that question?
Speaker 7 (04:43:18):
Yes.
Speaker 15 (04:43:19):
And did you watch that video when you were at that location?
Speaker 7 (04:43:23):
Yes.
Speaker 15 (04:43:24):
And now later on in the investigation, after you had drafted your report, did you receive information that that video was not taken at Fieldview Drive, but in a different area?
Speaker 7 (04:43:36):
Yes.
Speaker 15 (04:43:37):
And what area or location was that video that you viewed on Fieldview Drive when you were there? Where was it taken?
Speaker 7 (04:43:44):
I believe it was on Locust Drive, Locust Street.
Judge (04:43:48):
What town was that?
Speaker 7 (04:43:50):
In Burlington.
Judge (04:43:50):
Burlington.
Speaker 15 (04:43:57):
Now, you indicated that there was no evidence that was at the scene that would lead you to the conclusion that Sophie was struck or run over by that motor vehicle. Do you recall that?
Speaker 7 (04:44:09):
Yes.
Speaker 15 (04:44:12):
The lack of evidence that's at that scene, does that mean that she wasn't run over by the rear tire of that car?
Attorney Minnella (04:44:18):
I'm going to object. That's just speculation, Your Honor.
Judge (04:44:20):
It calls for speculation. I mean, unless you want to claim it.
Speaker 15 (04:44:26):
I do.
Judge (04:44:27):
Go ahead.
Speaker 15 (04:44:29):
Would you like me to ask-
Attorney Minnella (04:44:29):
May the jury be excused, Your Honor?
Judge (04:44:33):
Sidebar if we can.
Your Honor (05:10:27):
... [inaudible 05:08:04] call the jury in. Have a seat, ladies and gentlemen. All right, parties stipulated to be present-
Speaker 16 (05:10:28):
Yes, Your Honor.
Your Honor (05:10:29):
... for the jury?
Speaker 15 (05:10:29):
Yes.
Speaker 16 (05:10:29):
Yes, Your Honor.
Your Honor (05:10:31):
Please have a seat, ladies and gentlemen. Thank you. Sorry about, apologize for that delay. That last question is going to be withdrawn and rephrased.
Speaker 15 (05:10:42):
Detective, if a car is traveling at a speed of 20 miles an hour or less, and a person separates from that motor vehicle and was run over by the right rear tire, would you expect to find evidence always at that scene or location indicating that they were?
Detective (05:11:03):
Not always, no.
Speaker 15 (05:11:06):
On cross-examination, you were asked about an EDR of that particular truck. Do you recall that?
Detective (05:11:11):
Yes.
Speaker 15 (05:11:13):
In your examination of the materials associated with this investigation, did an airbag deploy in this particular case?
Detective (05:11:22):
No.
Speaker 15 (05:11:23):
And would an EDR register if someone or would an EDR register if a tire struck an object on the roadway?
Detective (05:11:34):
Not if there's not enough force to create an event for the EDR, no.
Speaker 15 (05:11:41):
And would the speed at which that motor vehicle is traveling under 20 miles an hour affect whether or not the EDR would register?
Detective (05:11:48):
No.
Speaker 15 (05:11:48):
Anything else?
State Attorney (05:11:52):
No.
Speaker 15 (05:11:56):
Nothing further. Thank you.
Speaker 16 (05:12:02):
Have you ever heard of pattern recognition?
Your Honor (05:12:06):
It's beyond the scope.
Speaker 15 (05:12:08):
That is beyond the scope.
Speaker 16 (05:12:08):
May we approach, Your Honor?
Your Honor (05:12:08):
That's overruled.
Speaker 15 (05:12:08):
Thank you.
Speaker 16 (05:13:26):
Now, Detective, can you explain to the jury what pattern recognition means to you in your field?
Detective (05:13:32):
Pattern recognition in my field would be anytime someone or something is ran over a tire tread, there would be evidence of that either on the individual, or on scene, or on clothing.
Speaker 16 (05:13:53):
On clothing. Okay. Do you know if pattern recognition testing was done on Sophie's clothing?
Speaker 15 (05:14:03):
That calls for speculation. Yes or no?
Detective (05:14:07):
No, I do not.
Speaker 16 (05:14:08):
You don't know? Nothing further. Thank you.
Speaker 15 (05:14:11):
Would it have been helpful to your investigation if the truck was still on scene?
Detective (05:14:25):
Yes.
Speaker 15 (05:14:25):
Would it have been helpful to your investigation if the decedent was still on scene?
Detective (05:14:31):
Yes.
Speaker 16 (05:14:31):
I'm going to object, Your Honor. Beyond the scope. Way beyond redirect. Recross.
Your Honor (05:14:40):
It is beyond cross.
Speaker 15 (05:14:40):
Recross.
Your Honor (05:14:41):
Recross.
Speaker 15 (05:14:42):
I think it speaks directly to the pattern recognition as to, and the response there from, since counsel asked-
Your Honor (05:14:49):
Well, ask him directly how that pattern recognition would be more helpful if the truck was on the scene.
Speaker 15 (05:14:56):
Would you expect to find, based upon your training and experience, if a vehicle is moving under 20 miles an hour, to have pattern recognition on articles of clothing that someone was wearing in every situation?
Detective (05:15:11):
Not in every situation, no.
Speaker 15 (05:15:12):
Thank you.
Speaker 16 (05:15:13):
You know the clothes were recovered, correct?
Detective (05:15:22):
Yes.
Speaker 16 (05:15:22):
They were recovered at the hospital?
Detective (05:15:24):
Yes.
Speaker 16 (05:15:25):
They've been in the possession of the State for over two and a half years, is that correct?
Detective (05:15:26):
I believe so, yes.
Speaker 16 (05:15:26):
So, the State could have done this test, pattern recognition test. They've had two and a half years to do it and they still haven't done it. Isn't that correct?
Your Honor (05:15:42):
That's argumentative.
Speaker 15 (05:15:42):
That's argumentative.
Your Honor (05:15:43):
Sustained.
Speaker 16 (05:15:45):
That's it.
Your Honor (05:15:47):
All right. You can step down. Like I said-
Detective (05:15:47):
Thank you.
Your Honor (05:15:49):
[inaudible 05:15:49], I appreciate it.
Detective (05:16:05):
Thank you.
State Attorney (05:16:08):
State's next going to call Detective Daniel Koehler.
Speaker 17 (05:16:44):
Please raise your right hand. Do you solemnly swear, or solemnly and sincerely affirm, as the case may be, that the evidence you shall give concerning the case now in question shall be the truth, the whole truth, and nothing but the truth, so help you God, or upon penalty of perjury?
Detective Daniel Koehler (05:16:54):
I do.
Speaker 17 (05:16:55):
And please state your full name, spelling your last name.
Detective Daniel Koehler (05:16:57):
Daniel Kohler, K-O-E-H-L-E-R.
Speaker 17 (05:17:00):
And please also state for the record your place of business and business address.
Detective Daniel Koehler (05:17:04):
Connecticut State Police, 1111 Country Club Road in Middletown. Thank you.
Speaker 17 (05:17:08):
Thank you.
Your Honor (05:17:08):
Thank you, Detective. State?
State Attorney (05:17:14):
Thank you, Your Honor. Good afternoon, Detective.
Detective Daniel Koehler (05:17:15):
Good afternoon.
State Attorney (05:17:16):
When did you become a Connecticut State Trooper?
Detective Daniel Koehler (05:17:19):
I entered the Connecticut State Police Academy in January 2018.
State Attorney (05:17:23):
And as a result of graduating the academy, were you certified as a police officer?
Detective Daniel Koehler (05:17:28):
I was.
State Attorney (05:17:28):
And how long have you been a Connecticut State Trooper?
Detective Daniel Koehler (05:17:31):
Just under nine years.
State Attorney (05:17:33):
During your time as a Connecticut State Trooper, have you maintained your police certification for those entire nine years?
Detective Daniel Koehler (05:17:39):
I have.
State Attorney (05:17:43):
When you began your career as a Connecticut State Trooper, what was your first assignment?
Detective Daniel Koehler (05:17:48):
I was assigned to Troop A in Southbury, conducting patrol operations.
State Attorney (05:17:53):
And what were the responsibilities of that position?
Detective Daniel Koehler (05:17:56):
Generally highway management, motor vehicle enforcement, accident investigation, criminal investigation, medical assists.
State Attorney (05:18:06):
What assignment did you take after that?
Detective Daniel Koehler (05:18:08):
I was then assigned to Troop G in Bridgeport, same job title, patrol operations, patrol trooper.
State Attorney (05:18:15):
Same job responsibilities?
Detective Daniel Koehler (05:18:16):
Correct. So, just a different location.
State Attorney (05:18:18):
And after that, what was your next assignment?
Detective Daniel Koehler (05:18:20):
Resident trooper in New Fairfield, Connecticut.
State Attorney (05:18:22):
Same job responsibilities?
Detective Daniel Koehler (05:18:24):
Similar, yes. More community policing oriented, but yes.
State Attorney (05:18:29):
And after that, what was your next assignment?
Detective Daniel Koehler (05:18:31):
Detective in Western District Major Crime.
State Attorney (05:18:32):
And when did you become a detective in the Western District Major Crime?
Detective Daniel Koehler (05:18:36):
July 2022.
State Attorney (05:18:39):
And did you have to undergo testing to attain that detective spot?
Detective Daniel Koehler (05:18:43):
I did.
State Attorney (05:18:46):
And as part of the Western District Major Crime Unit, have you had occasion to investigate crimes resulting in the death of an individual?
Detective Daniel Koehler (05:18:53):
Yes.
State Attorney (05:18:54):
About how many times would you say?
Detective Daniel Koehler (05:18:56):
It's hard to put a number on it, but I would say numerous, more than 20, probably no more than 50.
State Attorney (05:19:06):
And I want to turn your attention to May 26th of 2023. Were you assigned to Western District Major Crimes on that day?
Detective Daniel Koehler (05:19:12):
I was.
State Attorney (05:19:14):
And were you part of the team investigating the death of Sophie?
Detective Daniel Koehler (05:19:19):
Yes.
State Attorney (05:19:21):
And on that day, did you make contact with the defendant, Cooper Ouellette?
Detective Daniel Koehler (05:19:25):
I did.
State Attorney (05:19:25):
Why did you make contact with him that day?
Detective Daniel Koehler (05:19:28):
Our unit had obtained a search warrant to search his person.
State Attorney (05:19:33):
And was a search warrant signed by a judge at the Superior Court?
Detective Daniel Koehler (05:19:36):
Yes.
State Attorney (05:19:37):
And what, if any, evidence did it authorize you to seize?
Detective Daniel Koehler (05:19:40):
A cell phone.
State Attorney (05:19:42):
And were you able to execute that warrant that day?
Detective Daniel Koehler (05:19:45):
Yes.
State Attorney (05:19:46):
Can you describe to the jury how that happened?
Detective Daniel Koehler (05:19:50):
Essentially, we located the defendant at Oliver Wolcott Technical School in Torrington, Connecticut, and he was detained in handcuffs, and he was searched, and ultimately a cell phone was located on his person.
State Attorney (05:20:09):
Now, that day, did you go into the school or wait for him to come out?
Detective Daniel Koehler (05:20:12):
I waited for him to come out.
State Attorney (05:20:13):
Where were you positioned?
Detective Daniel Koehler (05:20:15):
In the parking lot.
State Attorney (05:20:17):
Where specifically in the parking lot did you decide to set up?
Detective Daniel Koehler (05:20:21):
In close proximity to a vehicle he was known to be driving.
State Attorney (05:20:25):
And did there come a time where he exited that school and approached that vehicle?
Detective Daniel Koehler (05:20:29):
Yes.
State Attorney (05:20:30):
And what, if anything, did you do relative to that search warrant when you came into contact with Cooper Ouellette?
Detective Daniel Koehler (05:20:38):
He was detained and searched.
State Attorney (05:20:42):
And when you say searched, how did that happen?
Detective Daniel Koehler (05:20:45):
I was with Detective Slaby. I didn't perform the search, but Detective Slaby, he was the one that detained the defendant.
State Attorney (05:20:57):
Was a cell phone found on the person of Cooper Ouellette?
Detective Daniel Koehler (05:21:00):
Yes.
State Attorney (05:21:01):
And did you seize that cell phone that day?
Detective Daniel Koehler (05:21:04):
Yes.
State Attorney (05:21:06):
I'm going to approach with State's Exhibit 71. I'll show you this, see if you recognize it.
Detective Daniel Koehler (05:21:16):
Yes.
State Attorney (05:21:17):
What do you recognize it to be?
Detective Daniel Koehler (05:21:18):
A black cell phone that was seized from the person of Cooper Ouellette.
State Attorney (05:21:23):
And how do you know it was seized from the person of Cooper Ouellette?
Detective Daniel Koehler (05:21:26):
Because I seized it.
State Attorney (05:21:28):
And did you cause an evidence tag to be placed on that device?
Detective Daniel Koehler (05:21:33):
Yes.
State Attorney (05:21:34):
And is that in the same or substantially the same condition as when you seized it?
Detective Daniel Koehler (05:21:37):
Yes.
State Attorney (05:21:38):
I'm going to offer it full. My understanding is there's no objection.
Speaker 16 (05:21:42):
No objection, Your Honor.
Your Honor (05:21:43):
Sure.
State Attorney (05:21:50):
Detective, once you seized that phone, did you do anything to secure it to make sure no one could access the data?
Detective Daniel Koehler (05:21:56):
I did.
State Attorney (05:21:57):
How did you do that?
Detective Daniel Koehler (05:21:58):
I placed the cell phone in a Faraday bag.
State Attorney (05:22:00):
What is a Faraday bag?
Detective Daniel Koehler (05:22:02):
A Faraday bag, it's a black bag, generally a black bag. This specific Faraday bag was a black bag. Anything placed inside that bag, radio signals essentially are unable to access the device inside that bag.
State Attorney (05:22:21):
And did you do anything relative to the cell phone itself to prevent from accessing any radio waves?
Detective Daniel Koehler (05:22:27):
I did not.
State Attorney (05:22:28):
And was that cell phone placed in an airplane mode before being put in that bag?
Detective Daniel Koehler (05:22:33):
Yes, it was.
State Attorney (05:22:34):
And after you seized that cell phone from Cooper Ouellette, was he allowed to leave the scene?
Detective Daniel Koehler (05:22:38):
Yes, he was.
State Attorney (05:22:39):
And did he?
Detective Daniel Koehler (05:22:39):
He did.
State Attorney (05:22:45):
And the search warrant that allows you to seize that phone, did it also allow you to search that phone?
Detective Daniel Koehler (05:22:49):
It did not.
State Attorney (05:22:52):
And did you seek a second phone to search that cell phone?
Detective Daniel Koehler (05:22:57):
Yes.
State Attorney (05:22:57):
A second warrant to search that cell phone. And how did that happen?
Detective Daniel Koehler (05:23:03):
A search warrant was applied for.
State Attorney (05:23:05):
And was it granted?
Detective Daniel Koehler (05:23:06):
It was.
State Attorney (05:23:08):
And what, if anything, did you do to effectuate the search of the data in that cell phone?
Detective Daniel Koehler (05:23:16):
It was initially sent to an analyst at a local police department, Monroe Police Department. The equipment that he possessed was not able to essentially conduct a search on that phone, so then it was then sent to the lab, the Connecticut Forensic Laboratory.
State Attorney (05:23:35):
Where's that located?
Detective Daniel Koehler (05:23:36):
It's located at 267 Colony Street in Meriden, Connecticut.
State Attorney (05:23:43):
And I want to direct your attention to the beginning of this investigation, specifically on May 25th and 26th of 2023. Did you take part in a neighborhood canvass?
Detective Daniel Koehler (05:23:52):
Yes.
State Attorney (05:23:53):
And can you describe to the jury what was the purpose of that canvass?
Detective Daniel Koehler (05:23:57):
The purpose of the canvass was to locate any video footage relative to this investigation.
State Attorney (05:24:03):
And when you began that canvass at that time, were you aware of where to start that canvass?
Detective Daniel Koehler (05:24:10):
I was, yes.
State Attorney (05:24:11):
And where did you start that canvass?
Detective Daniel Koehler (05:24:14):
101 North Riverside Avenue in Terryville.
State Attorney (05:24:18):
And what is located at 101 North Riverside Avenue in Terryville?
Detective Daniel Koehler (05:24:22):
Schultz Corporation.
State Attorney (05:24:24):
And from Schultz Corporation, where did you begin the canvass?
Detective Daniel Koehler (05:24:31):
The canvass began at 101 North Riverside, which is also known as Route 72 in Terryville. We continued north on Route 72 in Terryville into Harrington up to Route 4.
(05:24:48)
From Route 4, the canvass, we essentially took a right, which is also east, and we conducted a canvass on Route 4 all the way to Johnnycake Mountain Road. From Johnnycake Mountain Road, we continued south to Polly Dan and then Fieldview Drive.
State Attorney (05:25:16):
And I'm going to approach with State's Exhibit 22, excuse me, 72. Can you take a look at that, see if you recognize that?
Detective Daniel Koehler (05:25:23):
I do.
State Attorney (05:25:30):
What do you recognize that to be?
Detective Daniel Koehler (05:25:32):
It's a map of the southern end of our canvass, the start location, which is Schultz Corporation.
State Attorney (05:25:39):
Does that fairly and accurately depict where you began your canvass?
Detective Daniel Koehler (05:25:42):
It does.
State Attorney (05:25:43):
I'm going to offer it full, Judge. And I understand no objection.
Your Honor (05:25:47):
No objection.
Speaker 16 (05:25:49):
No objection.
Your Honor (05:25:51):
All right.
State Attorney (05:25:51):
We're going to publish that to the jury as it's being done. So, looking at... And do you have the mouse up there and is that active?
Detective Daniel Koehler (05:26:14):
Yes.
State Attorney (05:26:16):
And beginning at the red dot, which is labeled Schultz Corporation, can you use that cursor to show the jury your path of travel?
Detective Daniel Koehler (05:26:24):
Starting at the Schultz Corporation, north on North Riverside Avenue, also known as Route 72, and then it goes out of the picture.
State Attorney (05:26:35):
May the record reflect the path of travel going along North Riverside Avenue from bottom to top, right to left onto 72, up to the top of that photo.
Your Honor (05:26:46):
The record will reflect so.
State Attorney (05:26:47):
Over the course of that canvass, about how many residences and businesses would you say that you stopped at?
Detective Daniel Koehler (05:27:06):
Numerous. I would say probably 50 to 70, somewhere in that range.
State Attorney (05:27:21):
And during that canvass, did you specifically go to Country Storage Road, excuse me, Country Storage on Route 4?
Detective Daniel Koehler (05:27:27):
Yes.
State Attorney (05:27:29):
And did you speak to any employees there?
Detective Daniel Koehler (05:27:31):
I did.
State Attorney (05:27:32):
What, if anything, did you request of them?
Detective Daniel Koehler (05:27:35):
Any video footage during the timeframe that we were interested in.
State Attorney (05:27:40):
What was that timeframe?
Detective Daniel Koehler (05:27:43):
Essentially between 11:00 PM and midnight on the 20th of May 2023.
State Attorney (05:27:49):
And were you able to secure video footage that day?
Detective Daniel Koehler (05:27:51):
We were not.
State Attorney (05:27:53):
Did the business later provide footage to your unit?
Detective Daniel Koehler (05:27:56):
Yes.
State Attorney (05:27:58):
And during that canvass, did you also have occasion to go to Hogan's Cider Mill on Route four?
Detective Daniel Koehler (05:28:02):
Yes.
State Attorney (05:28:03):
And did you speak with employees there?
Detective Daniel Koehler (05:28:06):
I spoke with an employee, yes.
State Attorney (05:28:08):
And what, if anything, did you request?
Detective Daniel Koehler (05:28:10):
Video footage during the timeframe in question.
State Attorney (05:28:13):
And were you able to secure video footage from Hogan's Cider Mill that day?
Detective Daniel Koehler (05:28:17):
Yes.
State Attorney (05:28:20):
And during that canvass, after going down Route 4, where did you turn next?
Detective Daniel Koehler (05:28:27):
Onto Johnnycake Mountain Road.
State Attorney (05:28:29):
And specifically turning your attention to 65 Johnnycake Mountain Road, did you speak with the owner of that residence?
Detective Daniel Koehler (05:28:36):
I did.
State Attorney (05:28:37):
And what, if anything, did you request of that person?
Detective Daniel Koehler (05:28:39):
Any video footage during the timeframe in question.
State Attorney (05:28:42):
And were you able to secure video footage that you had requested?
Detective Daniel Koehler (05:28:45):
Yes.
State Attorney (05:28:48):
Did you also speak to the owner of the residence of 70 Johnnycake Mountain Road?
Detective Daniel Koehler (05:28:58):
I can't recall if I specifically spoke with them, but I was in the presence of another detective that did speak with them.
State Attorney (05:29:03):
You were there?
Detective Daniel Koehler (05:29:04):
I was there. I was present, yes.
State Attorney (05:29:06):
And what, if anything, was Western District requesting of that homeowner?
Detective Daniel Koehler (05:29:11):
Video footage during the timeframe in question.
State Attorney (05:29:14):
And were you and your unit able to secure video footage from that residence that day?
Detective Daniel Koehler (05:29:18):
Yes.
State Attorney (05:29:24):
And I want to show you State's Exhibit 73. See if you recognize this.
Detective Daniel Koehler (05:29:41):
I do recognize it, yes.
State Attorney (05:29:42):
What do you recognize today?
Detective Daniel Koehler (05:29:47):
The majority of the area of interest during this investigation.
State Attorney (05:29:53):
And is that a fair and accurate representation of the canvassed route, a majority of the canvassed route?
Detective Daniel Koehler (05:29:59):
The route is depicted on this map, yes.
State Attorney (05:30:04):
And offer it full?
Speaker 16 (05:30:06):
We have no objection.
Your Honor (05:30:06):
All right.
State Attorney (05:30:19):
And if we can display that. Can you use that cursor again and show us from Route 4 what your route of travel was? And if you need to zoom in, you can.
Detective Daniel Koehler (05:30:32):
Sure. So, at the intersection of 72 Route 4, turning right onto Route 4, turning right onto Johnnycake Mountain Road, down to Polly Dan, which is unmarked right here, this is Polly Dan, which turns into Fieldview Drive.
State Attorney (05:30:50):
If the record could reflect that the path of travel on Route 4 was left to right at the top of the screen, turning onto the road labeled Johnnycake Mountain Road going top to bottom, left to right, turning right onto a road, which is underneath the location marked Johnnycake Mountain Park, and that area was circled.
Your Honor (05:31:16):
The record will reflect that.
State Attorney (05:31:28):
Now, did there come a time when Western District Major Crimes Unit learned that the path of travel deviated from where you canvassed?
Detective Daniel Koehler (05:31:37):
Yes.
State Attorney (05:31:38):
Do you recall around when that was?
Detective Daniel Koehler (05:31:41):
Sometime in March 2024, approximately 10 months after the incident.
State Attorney (05:31:46):
And what, if anything, did you learn about that path of travel?
Detective Daniel Koehler (05:31:50):
That there was a slight deviation off of Route 72. It was not a continued path of travel to Route 4. It deviated onto a different road.
State Attorney (05:32:02):
And if we could go back to Exhibit, I believe it's 72. Sorry, 73. If you zoom out. All right. Is Locust Road depicted on State's Exhibit 73?
Detective Daniel Koehler (05:32:36):
Yes, it is.
State Attorney (05:32:37):
And can you circle where that location meets Route 72?
Detective Daniel Koehler (05:32:40):
Right here.
State Attorney (05:32:44):
And what's being displayed is the bottom center of the map where the roads are listed on the document, let that record reflect that.
Your Honor (05:32:52):
Let the record reflect so.
State Attorney (05:32:54):
And does Locust Road continue up right to left, bottom to top, and connect with another road?
Detective Daniel Koehler (05:33:04):
Ultimately, it connects with Route 4, yes.
State Attorney (05:33:07):
And on the other side of Route 4, what road is there?
Detective Daniel Koehler (05:33:10):
Harmony Hill Road.
State Attorney (05:33:18):
When you learned of that deviation of the road to Locust Road, did you attempt to canvass that area?
Detective Daniel Koehler (05:33:25):
Yes.
State Attorney (05:33:27):
And 10 months later, were you still looking for items of evidentiary value?
Detective Daniel Koehler (05:33:31):
Yes.
State Attorney (05:33:33):
Did you find any items of evidentiary value?
Detective Daniel Koehler (05:33:35):
No, we did not.
State Attorney (05:33:44):
And I wanted to move ahead a little bit to June 23rd of 2023. During this time, was Western District Major Crimes also investigating the movements of Sophie and Cooper prior to the events of the Schultz Corporation?
Detective Daniel Koehler (05:33:58):
Yes.
State Attorney (05:33:59):
And was your unit provided with cell phone location information relative to Sophie's phone going to a package store?
Detective Daniel Koehler (05:34:09):
Yes.
State Attorney (05:34:10):
And was that of interest to your investigation?
Detective Daniel Koehler (05:34:13):
Yes.
State Attorney (05:34:13):
Why is that?
Detective Daniel Koehler (05:34:17):
It was determined based on the age of the parties involved that there may have been alcohol consumption involved, and the parties involved were under the age of 21, legal drinking age, and therefore there was an interest in attempting to locate the place of business where this alcohol was procured.
State Attorney (05:34:42):
And was a package store specifically identified to you?
Detective Daniel Koehler (05:34:47):
Yes.
State Attorney (05:34:47):
And was a search warrant prepared to search for records from that package store?
Detective Daniel Koehler (05:34:50):
Yes.
State Attorney (05:34:51):
And did you apply to a judge of the Superior Court for issuance of that search warrant?
Detective Daniel Koehler (05:34:55):
Yes.
State Attorney (05:34:57):
Did the judge of the Superior Court grant you that search warrant?
Detective Daniel Koehler (05:35:00):
Yes.
State Attorney (05:35:01):
What specifically were you looking for from that package store?
Detective Daniel Koehler (05:35:06):
For one, video surveillance footage, but also sales receipts, business transactions.
State Attorney (05:35:16):
And did the search warrant cabin the timeframe that you were interested in?
Detective Daniel Koehler (05:35:18):
Yes.
State Attorney (05:35:19):
And what was the timeframe?
Detective Daniel Koehler (05:35:21):
May 20th, 2023, between 7:00 PM and 9:00 PM.
State Attorney (05:35:26):
And do you recall what package store it was that you requested a search warrant for the records of?
Detective Daniel Koehler (05:35:34):
Yes.
State Attorney (05:35:36):
What package store was that?
Detective Daniel Koehler (05:35:38):
Edgewood Wine and Spirits.
State Attorney (05:35:40):
Approach with State's Exhibit 74, ask you to take a look at that. Do you recognize that?
Detective Daniel Koehler (05:35:50):
Yes.
State Attorney (05:35:51):
What do you recognize it to be?
Detective Daniel Koehler (05:35:53):
Edgewood Wine and Spirits.
State Attorney (05:35:54):
And is that a fair and accurate representation of Edgewood Wine and Spirits as it appeared when you served that search warrant?
Detective Daniel Koehler (05:36:00):
Yes, it is.
State Attorney (05:36:01):
Offer full.
Your Honor (05:36:02):
No objection?
Speaker 16 (05:36:04):
No objection.
State Attorney (05:36:04):
Okay. Display that. Now, were you able to secure business records from Edgewood Wine and Spirits when you served that warrant?
Detective Daniel Koehler (05:36:21):
Yes.
State Attorney (05:36:21):
Do you recall when you served that warrant?
Detective Daniel Koehler (05:36:24):
It was on June 26th, 2023.
State Attorney (05:36:28):
And what, if any, records were you provided by Edgewood Wine and Spirits?
Detective Daniel Koehler (05:36:33):
Sales receipts related to May 20th, 2023 between 7:00 PM and 9:00 PM.
State Attorney (05:36:42):
Show you State's Exhibit 5. Excuse me, 75. Would you take a look at that and see if you recognize it?
Detective Daniel Koehler (05:36:52):
I do recognize it, yes.
State Attorney (05:36:53):
What do you recognize that to be?
Detective Daniel Koehler (05:36:56):
Receipts related to the timeframe authorized by the search warrant.
State Attorney (05:37:03):
And was that the records that you were provided by Edgewood Wine and Spirits relative to your investigation?
Detective Daniel Koehler (05:37:07):
Yes.
State Attorney (05:37:08):
And is it a fair and accurate copy of what you were provided?
Detective Daniel Koehler (05:37:10):
Yes.
State Attorney (05:37:11):
Is it in the same or substantially the same conditions when you seized it?
Detective Daniel Koehler (05:37:14):
Yes.
State Attorney (05:37:16):
Offer full.
Speaker 16 (05:37:18):
No objection.
Your Honor (05:37:18):
Okay.
State Attorney (05:37:32):
During your investigation, were you able to more closely pinpoint a time when you believed that the liquor was purchased at Edgewood Wine and Spirits?
Detective Daniel Koehler (05:37:42):
Yes.
State Attorney (05:37:42):
And what timeframe did you specifically review those records relative to?
Detective Daniel Koehler (05:37:47):
There was about a five-minute window between 7:20 PM and 7:25 PM.
State Attorney (05:37:54):
And were you comparing those records that you received to any other evidence that was seized by your unit?
Detective Daniel Koehler (05:38:07):
I don't believe it was seized, no.
State Attorney (05:38:09):
Okay. Let me ask the question differently. At the time that you seized those records, had the search warrant for the defendant's vehicle been processed?
Detective Daniel Koehler (05:38:20):
Yes.
State Attorney (05:38:21):
And were you aware of anything found in the defendant's vehicle which would be relevant to your investigation of Edgewood Wine and Spirits?
Detective Daniel Koehler (05:38:28):
Yes.
State Attorney (05:38:28):
What was that?
Detective Daniel Koehler (05:38:29):
There was a Yeti cooler located in the bed of the pickup truck.
State Attorney (05:38:34):
And do you recall what was contained within the Yeti cooler?
Detective Daniel Koehler (05:38:37):
Yes, various alcoholic beverages.
State Attorney (05:38:40):
And what, if anything, did you do relative to these records comparing it to those alcoholic beverages?
Detective Daniel Koehler (05:38:48):
Essentially, we had an idea of when Sophie and the defendant were at Edgewood Wine and Spirits, and we compared what was in the cooler to items purchased in that timeframe.
State Attorney (05:39:07):
And did any transaction pique your interest?
Detective Daniel Koehler (05:39:10):
Yes.
State Attorney (05:39:11):
If we could show the transaction from 7:25:46 PM. Show me that transaction, which is invoice 338236. What, if anything, did you notice relative to that receipt and what was found in Cooper's truck?
Detective Daniel Koehler (05:39:43):
The Arnold Palmer six-pack cans was consistent with what was located in the bed of the pickup truck inside the Yeti cooler.
State Attorney (05:39:52):
And did Western District also have information relative to Dr. McGillicuddy's Root Beer during your investigation?
Detective Daniel Koehler (05:39:58):
Yes.
State Attorney (05:39:59):
And did that also correspond to what was bought during that timeframe?
State Attorney (05:40:00):
Did that also correspond to what was bought during that timeframe?
Detective Daniel Koehler (05:40:04):
Yes.
State Attorney (05:40:08):
Now, you had mentioned this search warrant was also looking for video surveillance footage. Were you able to secure any video surveillance footage from Edgewood Wine & Spirits?
Detective Daniel Koehler (05:40:15):
No, we were not.
State Attorney (05:40:16):
Was that the only search warrant you applied for during this investigation?
Detective Daniel Koehler (05:40:23):
No.
State Attorney (05:40:24):
As part of your investigation, did you draft warrants for information pertaining to cell phone records?
Detective Daniel Koehler (05:40:30):
Yes.
State Attorney (05:40:32):
And whose cell phone provider records were you applying for warrants for?
Detective Daniel Koehler (05:40:36):
The defendant's and Sophie's.
State Attorney (05:40:38):
And what specific records were you looking for from those cell phone providers?
Detective Daniel Koehler (05:40:44):
Call detail records, location information.
State Attorney (05:40:49):
And did you present and apply for a search warrant for Sophie's carrier records?
Detective Daniel Koehler (05:40:54):
Yes.
State Attorney (05:40:55):
What was Sophie's cell phone carrier?
Detective Daniel Koehler (05:40:57):
AT&T.
State Attorney (05:40:58):
And was that warrant approved by a judge?
Detective Daniel Koehler (05:41:00):
Yes.
State Attorney (05:41:01):
Do you recall when?
Detective Daniel Koehler (05:41:05):
I do not.
State Attorney (05:41:10):
Do you recall who the defendant's cell phone carrier was?
Detective Daniel Koehler (05:41:14):
Yes.
State Attorney (05:41:15):
And did you apply for search warrant for the defendant's cell phone carrier records?
Detective Daniel Koehler (05:41:20):
Yes.
State Attorney (05:41:20):
What carrier was that?
Detective Daniel Koehler (05:41:21):
Verizon.
State Attorney (05:41:22):
And were you looking for those same records you described earlier?
Detective Daniel Koehler (05:41:25):
Yes.
State Attorney (05:41:25):
Was that approved by a judge of the Superior Court?
Detective Daniel Koehler (05:41:28):
Yes, it was.
State Attorney (05:41:30):
And were you able to serve that search warrant on Verizon?
Detective Daniel Koehler (05:41:33):
Yes.
State Attorney (05:41:34):
And did you receive information back from Verizon resulting in the search warrant records?
Detective Daniel Koehler (05:41:39):
Yes.
State Attorney (05:41:40):
Did you also serve the warrant for Sophie's records on AT&T?
Detective Daniel Koehler (05:41:44):
Yes.
State Attorney (05:41:45):
And did you receive a response from AT&T relative to those records?
Detective Daniel Koehler (05:41:48):
Yes.
State Attorney (05:41:49):
Were both of those responses logged into evidence?
Detective Daniel Koehler (05:41:52):
Yes, they were.
State Attorney (05:41:55):
Did you also apply for search warrants relative to Life360 accounts?
Detective Daniel Koehler (05:41:59):
Yes.
State Attorney (05:41:59):
Whose Life360 accounts were you applying for search warrants for?
Detective Daniel Koehler (05:42:04):
Sophie's and Sophie's mother, Lynn.
State Attorney (05:42:08):
And were those search warrants authorized by a judge at the Superior Court?
Detective Daniel Koehler (05:42:13):
Yes.
State Attorney (05:42:13):
And did you serve them upon Life360?
Detective Daniel Koehler (05:42:16):
Yes.
State Attorney (05:42:17):
And did you receive the response from Life360?
Detective Daniel Koehler (05:42:19):
Yes.
State Attorney (05:42:20):
And was that taken into evidence in this case?
Detective Daniel Koehler (05:42:22):
Yes, it was.
State Attorney (05:42:23):
Did you also apply for a search warrant for the defendant, Cooper Ouellette's Life360 records?
Detective Daniel Koehler (05:42:28):
Yes.
State Attorney (05:42:29):
And was that search warrant approved by a judge of the Superior Court?
Detective Daniel Koehler (05:42:32):
Yes.
State Attorney (05:42:33):
And did you serve that warrant on Life360 as well?
Detective Daniel Koehler (05:42:36):
Yes.
State Attorney (05:42:37):
And did Life360 provide you with their records?
Detective Daniel Koehler (05:42:39):
Yes.
State Attorney (05:42:40):
And were those records locked into evidence in this case?
Detective Daniel Koehler (05:42:43):
Yes.
State Attorney (05:42:46):
Did you also apply for warrants relative to Snapchat records?
Detective Daniel Koehler (05:42:50):
Yes.
State Attorney (05:42:51):
And whose Snapchat records did you apply for?
Detective Daniel Koehler (05:42:55):
Sophie's.
State Attorney (05:42:57):
And did a judge of the Superior Court approve that search warrant?
Detective Daniel Koehler (05:43:00):
Yes.
State Attorney (05:43:01):
And did you serve that warrant on Snapchat?
Detective Daniel Koehler (05:43:04):
Yes, Snap.
State Attorney (05:43:06):
And did Life360... Sorry, withdrawn. Did Snapchat respond to your search warrant with records?
Detective Daniel Koehler (05:43:12):
Yes.
State Attorney (05:43:13):
And were those records locked into evidence in this case?
Detective Daniel Koehler (05:43:16):
Yes.
State Attorney (05:43:17):
What, if anything, did you do with all of these records which you received?
Detective Daniel Koehler (05:43:25):
We essentially conducted a preliminary analysis, but ultimately it was shared with NESPIN.
State Attorney (05:43:31):
What is NESPIN?
Detective Daniel Koehler (05:43:33):
NESPIN stands for the New England State Police Information Network. It essentially is a law enforcement support entity that is federally funded, and it supports law enforcement agencies in the New England region with information sharing, investigative collaboration, and analytical services.
State Attorney (05:44:00):
Did your unit eventually receive the information back from NESPIN?
Detective Daniel Koehler (05:44:03):
Yes.
State Attorney (05:44:03):
I want to turn to July of 2023. Did there come a time where you applied for a search warrant relative to Ring footage from Cooper Ouellette's residence?
Detective Daniel Koehler (05:44:14):
Yes.
State Attorney (05:44:15):
And was that search warrant authorized by a judge at the Superior Court?
Detective Daniel Koehler (05:44:19):
Yes.
State Attorney (05:44:20):
And were you able to serve that search warrant on Ring, LLC?
Detective Daniel Koehler (05:44:24):
Yes.
State Attorney (05:44:24):
And did Ring provide you with the records authorized by that warrant?
Detective Daniel Koehler (05:44:29):
Yes.
State Attorney (05:44:29):
What records were you looking for?
Detective Daniel Koehler (05:44:32):
Any video footage related to the timeframe in question, which was the overnight hours between May 20th and May 21, 2023.
State Attorney (05:44:46):
And did you review those records and locate the videos that you were looking for?
Detective Daniel Koehler (05:44:52):
Yes.
State Attorney (05:44:52):
I'm going to show you State's Exhibit 76. Do you recognize this?
Detective Daniel Koehler (05:45:00):
Yes, I do.
State Attorney (05:45:00):
What do you recognize this to be?
Detective Daniel Koehler (05:45:01):
It's a USB flash drive containing a video clip from the Ring doorbell footage from 29 Harmony Hill in Harwinton.
State Attorney (05:45:14):
How do you recognize that flash drive?
Detective Daniel Koehler (05:45:16):
It has my initials with my badge number and the date.
State Attorney (05:45:19):
When did you review that flash drive?
Detective Daniel Koehler (05:45:22):
That flash drive, this flash drive?
State Attorney (05:45:24):
Yes.
Detective Daniel Koehler (05:45:25):
Was reviewed today.
State Attorney (05:45:26):
This morning in my office?
Detective Daniel Koehler (05:45:27):
Yes.
State Attorney (05:45:28):
And was the file that you reviewed on that the same file that you received from the Ring, LLC?
Detective Daniel Koehler (05:45:34):
Yes.
State Attorney (05:45:35):
Offer it full?
Attorney Minnella (05:45:35):
No objection.
Judge (05:45:35):
It's full.
State Attorney (05:45:38):
If you could publish, please.
(05:45:49)
I have nothing further, Judge.
Attorney Minnella (05:45:57):
Just a few questions, Detective. When did you become involved with this case, the case we're here for now?
Detective Daniel Koehler (05:46:09):
No later than May 25th, but it may have been a day or two before that.
Attorney Minnella (05:46:16):
And were there other detectives working with you?
Detective Daniel Koehler (05:46:19):
Yes.
Attorney Minnella (05:46:21):
And was the lead investigator Detective Ryan Slavey?
Detective Daniel Koehler (05:46:26):
Yes.
Attorney Minnella (05:46:29):
Did he coordinate all of the data that you received?
Detective Daniel Koehler (05:46:40):
Can you clarify?
Attorney Minnella (05:46:41):
Yeah. All the information you received, did you take that information and go over to Detective Slavey and present it to him?
Detective Daniel Koehler (05:46:53):
Yes. He was aware of all the information that was obtained, yes.
Attorney Minnella (05:46:56):
Now I believe you said... Do you remember the date you went to Cooper's high school and got his cell phone?
Detective Daniel Koehler (05:47:05):
I do.
Attorney Minnella (05:47:06):
Okay. What date was that?
Detective Daniel Koehler (05:47:09):
May 2, 2023.
Attorney Minnella (05:47:13):
And I believe you testified on a number of occasions that all these warrants that you received were signed by a judge of the Superior Court, is that correct?
Detective Daniel Koehler (05:47:24):
Yes.
Attorney Minnella (05:47:25):
So any warrant that you deal with has to be signed by a judge of the Superior Court, isn't that correct?
Detective Daniel Koehler (05:47:36):
Yes. I mean, ultimately, if a warrant is granted, it has to be signed by a judge, correct.
Attorney Minnella (05:47:42):
So it's not unusual?
Detective Daniel Koehler (05:47:44):
It is not.
Attorney Minnella (05:47:49):
Okay. So you said that was the 25th that you made that canvas after you seized my client's phone, is that correct?
Detective Daniel Koehler (05:47:59):
Can you repeat?
Attorney Minnella (05:47:59):
The initial canvas you made in '23, you seized his phone on what date?
Detective Daniel Koehler (05:48:05):
May 26th.
Attorney Minnella (05:48:06):
Okay. And who was with you when you seized this phone?
Detective Daniel Koehler (05:48:11):
Detective Slavey.
Attorney Minnella (05:48:13):
Is there any reason why you had to handcuff him?
Detective Daniel Koehler (05:48:18):
That's standard protocol when we're serving a search warrant.
Attorney Minnella (05:48:20):
Okay. And he cooperated and you got the phone from him, correct?
Detective Daniel Koehler (05:48:25):
Correct.
Attorney Minnella (05:48:27):
And then you did a canvas from the Schultze business to a route which you described here to the ladies and gentlemen of the jury, is that correct?
Detective Daniel Koehler (05:48:40):
Yes.
Attorney Minnella (05:48:40):
All right. Now, did there come a point in time, 10 or 11 months later, that you found that you did not have the correct route when you did your initial canvas?
Detective Daniel Koehler (05:48:54):
Yes.
Attorney Minnella (05:48:54):
And how did you find out that you didn't have the correct route when you did your canvas? Who told you that?
Detective Daniel Koehler (05:49:04):
An analyst with NESPIN communicated that to a detective in the Western District Major Crime Squad. I don't recall who it was, but I'm sure... It was Detective Slavey.
Attorney Minnella (05:49:16):
Detective Slavey?
Detective Daniel Koehler (05:49:18):
Yep.
Attorney Minnella (05:49:19):
So that was like 3/18 of '24, correct?
Detective Daniel Koehler (05:49:24):
If that's what the report says, then yes.
Attorney Minnella (05:49:27):
And you were involved in this investigation at that time, of course?
Detective Daniel Koehler (05:49:32):
Yes.
Attorney Minnella (05:49:32):
Were you aware that a forensic examination was done based on your canvas on Route 72 by the Connecticut State Police?
Detective Daniel Koehler (05:49:48):
Can you repeat the question, please?
Attorney Minnella (05:49:49):
Yes. Were you aware as a result of your canvas, the first canvas, a forensic investigation was conducted by the Connecticut State Police on Route 72?
Detective Daniel Koehler (05:50:05):
A forensic investigation was conducted on Route 72?
Attorney Minnella (05:50:10):
Right.
Detective Daniel Koehler (05:50:10):
I'm just trying to under... I'm sorry.
Attorney Minnella (05:50:11):
Along the route that you canvassed, at some point, the Connecticut State Police conducted an investigation, forensic investigation.
Detective Daniel Koehler (05:50:22):
Of what?
Attorney Minnella (05:50:25):
Of an area where you believed that Sophie left the car the first time or the truck the first time.
Detective Daniel Koehler (05:50:33):
Okay.
Attorney Minnella (05:50:33):
Are you aware of that?
Detective Daniel Koehler (05:50:37):
Yes.
Attorney Minnella (05:50:39):
And are you aware that when they did that investigation, that forensic investigation, they found a vape? Are you aware of that?
Detective Daniel Koehler (05:50:54):
I don't remember that, but I'm sure at one point I did know that, yes.
Attorney Minnella (05:50:58):
And did you know they brought that vape to Sophie's mother for her to identify that that vape was Sophie's?
State Attorney (05:51:06):
Objection.
Judge (05:51:12):
Basis?
State Attorney (05:51:13):
Lack of personal knowledge, speculation. He could have asked Lynn anything he wanted about this. He did not.
Attorney Minnella (05:51:20):
I asked him his personal knowledge. He's a member of the squad, You Honor.
State Attorney (05:51:23):
He didn't do it.
Judge (05:51:27):
But the question was, did they bring that vape to Sophie?
Attorney Minnella (05:51:31):
Right. Vape to be identified by Sophie's mother.
Judge (05:51:33):
I'll allow it.
Detective Daniel Koehler (05:51:35):
Can you please clarify the question? Who brought it?
Attorney Minnella (05:51:39):
A member of your investigative squad, which you were a part of, brought that vape that was located on Route 72 to Sophie's mother, and she identified it as being Sophie's?
State Attorney (05:51:53):
Objection. Compound question. Still doesn't have proof.
Judge (05:51:57):
That's sustained. Break down your question, Attorney Minnello.
Attorney Minnella (05:52:01):
Officer, are you familiar that the Connecticut State Police, and you were a part of this investigation, went to a scene that you had canvased on Route 72? Are you aware of that?
Detective Daniel Koehler (05:52:18):
Yes.
Attorney Minnella (05:52:20):
Are you aware that they did a forensic investigation of that site?
Detective Daniel Koehler (05:52:27):
An investigation was done, yes.
Attorney Minnella (05:52:29):
Are you aware that they found a vape which they presented to Sophie's mother?
State Attorney (05:52:34):
I'm going to object, Judge. Unless this witness did it, he can't testify to it.
Attorney Minnella (05:52:40):
He's part of it.
Judge (05:52:41):
Yes or no? Are you aware that they had a vape?
Detective Daniel Koehler (05:52:44):
Yes.
Attorney Minnella (05:52:45):
Thank you.
(05:52:48)
And are you aware that at some point in time you had to do a re-canvas because NESPIN basically told you that you were taking the wrong route from the Schultz Corporation? Do you remember that?
Detective Daniel Koehler (05:53:03):
Yes, there was a deviation. Yes.
Attorney Minnella (05:53:05):
And do you have personal knowledge that that new route was Locust Road?
Detective Daniel Koehler (05:53:13):
Yes.
Attorney Minnella (05:53:14):
And can you tell us if the Connecticut State Police ever did, your own personal knowledge, a forensic examination of Locust Road?
Detective Daniel Koehler (05:53:26):
I'm not aware of a forensic investigation of Locust Road, no.
Attorney Minnella (05:53:34):
Thank you. Thank you.
Judge (05:53:35):
Got it?
Attorney Minnella (05:53:40):
Yes, Your Honor.
State Attorney (05:53:46):
Detective, what does the word forensic mean?
Detective Daniel Koehler (05:53:50):
To me, forensic is related to biology, DNA, fingerprints, scientific evidence essentially.
State Attorney (05:54:08):
Are you aware of forensics being how science interacts with the law?
Detective Daniel Koehler (05:54:14):
I don't know to have that definition, but that makes sense.
State Attorney (05:54:22):
Are you a scientist?
Detective Daniel Koehler (05:54:22):
I am not a scientist.
Attorney Minnella (05:54:22):
I'm going to object to that.
Judge (05:54:22):
Overruled.
State Attorney (05:54:22):
Sorry, your answer?
Detective Daniel Koehler (05:54:23):
I'm not a scientist.
State Attorney (05:54:24):
Are you a police investigator?
Detective Daniel Koehler (05:54:28):
Yes.
State Attorney (05:54:29):
Did you investigate every lead that you were given at the time you were given it or close thereto?
Detective Daniel Koehler (05:54:37):
Yes.
State Attorney (05:54:38):
If you were given additional information, did you follow up on it?
Detective Daniel Koehler (05:54:41):
Yes.
State Attorney (05:54:42):
And did you at any point decide you're just not going to look at something because you just didn't want to?
Detective Daniel Koehler (05:54:49):
Absolutely not.
State Attorney (05:54:51):
Did you run down every lead that you had?
Detective Daniel Koehler (05:54:52):
Yes.
State Attorney (05:54:55):
Nothing further.
Judge (05:54:57):
Anything else?
Attorney Minnella (05:54:59):
Nothing, Your Honor. Thank you.
Judge (05:55:00):
Thank you.
State Attorney (05:55:15):
Judge, next is going to be Dr. Vincent. Do you want to take an afternoon recess or ready to go?
Judge (05:55:16):
Let's go.
State Attorney (05:55:17):
Dr. Vincent, please.
Judge (05:55:17):
Afternoon, doctor.
Gregory Vincent (05:56:00):
Good afternoon.
Judge (05:56:02):
All right. I'm going to have you raise your right hand, okay?
Gregory Vincent (05:56:03):
Sure.
Speaker 18 (05:56:04):
Do you solemnly swear or solemnly sincerely affirm as the case may be that the evidence you shall give concerning the case now in question shall be the truth, the whole truth, and nothing but the truth, so help you God upon penalty of perjury?
Gregory Vincent (05:56:13):
I do.
Speaker 18 (05:56:13):
And please state your full name, spelling your last name.
Gregory Vincent (05:56:16):
Gregory Vincent, V-I-N-C-E-N-T.
Speaker 18 (05:56:19):
And please also state for the record your place of business and business address.
Gregory Vincent (05:56:23):
The State of Connecticut Office of the Chief Medical Examiner, 11 Shuttle Road, Farmington, Connecticut.
Speaker 18 (05:56:29):
Thank you.
Judge (05:56:29):
Thank you, doctor. Have a seat.
Gregory Vincent (05:56:29):
Thank you.
Judge (05:56:29):
State?
Speaker 19 (05:56:38):
Your Honor, may I just have permission to step out for one moment while he begins direct examination?
Judge (05:56:42):
You may.
Speaker 19 (05:56:42):
Thank you.
State Attorney (05:56:46):
Good afternoon, doctor.
Gregory Vincent (05:56:46):
Good afternoon.
State Attorney (05:56:47):
Would you please tell us your educational background?
Gregory Vincent (05:56:50):
Sure. I did my undergraduate studies in chemistry at Lehigh University. I then did my medical school training at Temple University in Philadelphia. Following medical school, I did a one-year internship in family medicine in the Crozer-Chester Health System outside of Philadelphia. I then went back to Temple University where I did my pathology residency. Following my general pathology residency, I did a one-year fellowship in pediatric pathology at St. Christopher's Hospital in Philadelphia. Following that, I did my forensic pathology fellowship, which was one year, at the Office of the Chief Medical Examiner in the city of New York.
State Attorney (05:57:26):
And where do you currently work?
Gregory Vincent (05:57:28):
I currently work for the State of Connecticut Office of the Chief Medical Examiner.
State Attorney (05:57:31):
And what is your title at the Office of the Chief Medical Examiner?
Gregory Vincent (05:57:34):
I'm an Associate Medical Examiner.
State Attorney (05:57:36):
What are your responsibilities as an Associate Medical Examiner?
Gregory Vincent (05:57:40):
As an Associate Medical Examiner, we investigate any death that falls under the medical examiner jurisdiction, which would be any non-natural suspicious death or any death that doesn't occur in the presence of a doctor. During those examinations, we review case files and perform medical records and perform autopsy examinations.
State Attorney (05:58:00):
How long have you been employed as a medical examiner in Connecticut?
Gregory Vincent (05:58:03):
In Connecticut, I've been here for 11 and a half years.
State Attorney (05:58:08):
And prior to your employment as a medical examiner in Connecticut, did you work as a medical examiner anywhere else?
Gregory Vincent (05:58:12):
I did.
State Attorney (05:58:13):
Where is that?
Gregory Vincent (05:58:14):
I worked in the Brooklyn office of the New York City Chief Medical Examiner's Office.
State Attorney (05:58:18):
And how long were you there?
Gregory Vincent (05:58:20):
I was there for almost a full two years after my fellowship.
State Attorney (05:58:24):
Are you currently board certified?
Gregory Vincent (05:58:26):
I am.
State Attorney (05:58:26):
What are you board certified in?
Gregory Vincent (05:58:28):
Anatomic pathology and forensic pathology.
State Attorney (05:58:32):
How did you obtain your board certification in anatomic pathology?
Gregory Vincent (05:58:37):
Following the completion of my residency program, I sat for a board examination with the American Board of Pathology in anatomic pathology and passed it getting my certification.
State Attorney (05:58:49):
And how did you obtain your board certification in forensic pathology?
Gregory Vincent (05:58:52):
I sat for an examination at the completion of my forensic pathology fellowship, an examination put on by the same American Board of Pathology to certify me in forensic pathology.
State Attorney (05:59:03):
What is pathology?
Gregory Vincent (05:59:05):
Pathology is the medical subspecialty where we examine and study the tissues of the body looking for basically anything abnormal and whether that's due to a disease or injury.
State Attorney (05:59:16):
And what is forensic pathology?
Gregory Vincent (05:59:20):
Forensic pathology is a subspecialty within... Sorry. Forensic pathology is a subset within pathology where we specifically investigate deaths and with the intent to determine the cause of death and the manner of death.
State Attorney (05:59:36):
And are you currently a member of any professional organizations that relates to your medical field?
Gregory Vincent (05:59:42):
Yes.
State Attorney (05:59:42):
What are those?
Gregory Vincent (05:59:44):
The National Association of Medical Examiners.
State Attorney (05:59:46):
And what is the National Association of Medical Examiners?
Gregory Vincent (05:59:49):
That is the professional body for medical examiners within the United States.
State Attorney (05:59:56):
And have you published any articles in the fields of forensic pathology?
Gregory Vincent (06:00:00):
I have, yes.
State Attorney (06:00:01):
About how many?
Gregory Vincent (06:00:01):
Four.
State Attorney (06:00:04):
And in what area did you publish those articles in?
Gregory Vincent (06:00:07):
Three of them involved pediatric forensic pathology, one involved toxicology, although that was also forensic... Or sorry, that was also pediatric toxicology.
State Attorney (06:00:18):
And do you also teach?
Gregory Vincent (06:00:20):
I do. Yes.
State Attorney (06:00:20):
Where do you teach?
Gregory Vincent (06:00:22):
I teach at our office. We have a number of pathology residents, medical students that come through our office. We also have a forensic pathology fellowship program, so we have people that come to our office to do the last part of their training to get certified for forensic pathology. I am also a professor at the University of New Haven where I teach a graduate-level course in forensic pathology.
State Attorney (06:00:43):
And how long have you taught that graduate-level course in forensic pathology?
Gregory Vincent (06:00:50):
I apologize. I don't remember the exact number of years, but it's been over six years, I believe.
State Attorney (06:00:57):
Have you had to testify before?
Gregory Vincent (06:00:59):
Yes, I have.
State Attorney (06:01:00):
About how many times?
Gregory Vincent (06:01:01):
About 52 times before.
State Attorney (06:01:03):
And in what courts have you previously testified?
Gregory Vincent (06:01:06):
I've testified here in Connecticut as well as in Brooklyn and the Bronx and Manhattan.
State Attorney (06:01:13):
During your testimony in those courts, have you been allowed to offer opinions as to the causes of injuries in those cases?
Gregory Vincent (06:01:18):
Yes, I have.
State Attorney (06:01:20):
How many times?
Gregory Vincent (06:01:22):
Every time I've testified, so at least 52 times.
State Attorney (06:01:26):
And does a part of your job involve performing autopsies?
Gregory Vincent (06:01:29):
Yes, it does.
State Attorney (06:01:30):
Can you describe hat an autopsy is?
Gregory Vincent (06:01:32):
The autopsy is examination that we perform to determine cause and manner of death. It generally consists of about two parts. The first part we refer to as an external examination, which is similar to when you go to see your doctor. It's basically like a physical exam. I'm looking at the person from head to toe from the outside and just looking for anything that's abnormal and whether or not it's due to injury or disease. Once I finish that, I proceed with what most people think of when they think of an autopsy, and that's the internal examination. That's where we open up the body cavities, the chest and the abdomen, as well as the skull, and examine each organ individually. Again, I'm looking for anything that's abnormal and whether or not that's due to injury or disease.
State Attorney (06:02:13):
And you had specialized training in how to perform an autopsy?
Gregory Vincent (06:02:16):
Yes.
State Attorney (06:02:18):
About how many autopsies have you personally performed?
Gregory Vincent (06:02:21):
Forensic autopsies, I've personally done over 4,280.
State Attorney (06:02:25):
And have you also supervised others performing autopsies?
Gregory Vincent (06:02:28):
I have, yes.
State Attorney (06:02:29):
About how many times would you say?
Gregory Vincent (06:02:33):
At least a hundred.
State Attorney (06:02:36):
When an autopsy is performed, is it standard practice to generate a report about that autopsy?
Gregory Vincent (06:02:41):
Yes, it is.
State Attorney (06:02:42):
And what is the purpose of that report?
Gregory Vincent (06:02:45):
That report is a medical document documenting the state of the person's health at the time they died before the person leaves our office and goes on to get buried or cremated or whatever their final disposition is.
State Attorney (06:02:57):
And is that report required to be prepared by your office by law?
Gregory Vincent (06:03:01):
Yes, it is.
State Attorney (06:03:02):
And is it required to be maintained by your office by law?
Gregory Vincent (06:03:05):
Yes.
State Attorney (06:03:25):
State's Exhibit 41 for ID. Take a look at that.
Attorney Minnella (06:03:28):
No objection, Your Honor.
State Attorney (06:03:28):
See if you recognize it.
Judge (06:03:28):
All right. We'll get to that.
Gregory Vincent (06:03:56):
Yes, I do.
State Attorney (06:03:57):
What do you recognize it to be?
Gregory Vincent (06:03:58):
The first six pages of it are the autopsy report performed by our forensic fellow at the time of this examination, Dr. Deland Weyrauch, who I supervised in the performance of this autopsy. This is the report that he generated and that I co-signed. The final two pages of this report... Sorry, three pages of this report are the toxicology report from our toxicology lab that we contract with.
State Attorney (06:04:23):
And is that toxicology report also required to be kept and maintained by your office?
Gregory Vincent (06:04:27):
Yes, it is.
State Attorney (06:04:29):
And is that a fair and accurate representation of the autopsy report for the autopsy of Sophie R?
Gregory Vincent (06:04:36):
Yes.
State Attorney (06:04:36):
And offer it full.
Judge (06:04:38):
No objection?
Attorney Minnella (06:04:39):
No objection.
Judge (06:04:40):
All right. It's full.
State Attorney (06:04:48):
Is it standard practice during autopsies to take photographs to depict areas of injury?
Gregory Vincent (06:04:54):
Yes, it is.
State Attorney (06:04:55):
And can you describe how you go about doing that?
Gregory Vincent (06:05:00):
So we have professional photographers that work with us in our office and they take the photographs under the discretion of the examining doctor. So if we see something we would like a photograph of, we ask them to take a photograph of it.
State Attorney (06:05:12):
And is it common for law enforcement to also be present during autopsies?
Gregory Vincent (06:05:16):
Yes. They often attend autopsies, but not all of them.
State Attorney (06:05:20):
Do they also take photographs?
Gregory Vincent (06:05:22):
Yes, they do.
State Attorney (06:05:29):
Have you had occasion as a medical examiner to testify in court as it pertains to autopsies another medical examiner in your office conducted?
Gregory Vincent (06:05:38):
Yes, I have.
State Attorney (06:05:40):
And is it the policy of the medical examiner's office to document an autopsy in such a manner that another forensic pathologist could make his or her own conclusions from that report and photographs?
Gregory Vincent (06:05:51):
Yes.
State Attorney (06:05:53):
When an injury is observed on the body, how is it described in the report?
Gregory Vincent (06:05:59):
So when we see an injury, we write a description so that when a person reading it, they can understand what we're describing. Generally, at least it's my practice, and I think most people do this, when we present injuries, we start from the top of the head and go downward, and we usually list the injuries in that order so that we have some organization to the report.
State Attorney (06:06:20):
Is there a standard position of the body that you utilize?
Gregory Vincent (06:06:23):
Yes.
State Attorney (06:06:23):
What is that?
Gregory Vincent (06:06:24):
We refer to anatomic position, which is the person laying on their back, in this case on the exam table.
State Attorney (06:06:33):
And you had mentioned the toxicology report. During autopsies, are samples taken to be sent for toxicological analysis?
Gregory Vincent (06:06:41):
Yes, they are.
State Attorney (06:06:42):
And what samples are sent for analysis?
Gregory Vincent (06:06:44):
Generally, we take blood. We try to take some blood from a peripheral location, such as the artery in the leg or a vein in the leg. We also try to take blood from the heart if we can. Those are not always available depending on the case. We will take fluid from the eye, which is called vitreous fluid. We also take liver tissue and gastric contents and urine.
State Attorney (06:07:06):
And what, if any, tests are performed on those samples?
Gregory Vincent (06:07:09):
It's up to the doctor's discretion. There's a couple different toxicology panels we can order from our lab that test for multiple things such as drugs of abuse, as well as common medications.
State Attorney (06:07:22):
Why is it necessary to consider toxicological analysis in autopsies?
Gregory Vincent (06:07:27):
It depends on the case, but there are certain toxicology findings that can play directly into the cause of death.
State Attorney (06:07:32):
Were you working as associate medical examiner in May of 2023?
Gregory Vincent (06:07:40):
Yes, I was.
State Attorney (06:07:42):
And on May 22nd of 2023, was Dr. Deland Weyrauch also working as a medical examiner in your office in Farmington?
Gregory Vincent (06:07:49):
Yes, he was. He was our forensic fellow that year.
State Attorney (06:07:52):
And if we could display State's Exhibit 1 on the screen. Do you recognize the name depicted in that photograph?
Gregory Vincent (06:08:07):
Yes, I do.
State Attorney (06:08:07):
And is that the person whose autopsy you performed and the report is a full exhibit as State's Exhibit 41?
Gregory Vincent (06:08:13):
Yes, it is.
State Attorney (06:08:16):
I'm sorry, I misspoke. You were supervising Dr. Weyrauch. Is it an autopsy Dr. Weyrauch performed?
Gregory Vincent (06:08:22):
Yes. I apologize. I misheard you.
State Attorney (06:08:26):
And for the remainder of the testimony, I'd ask you to refer to that person as Sophie, okay?
Gregory Vincent (06:08:31):
Yes.
State Attorney (06:08:33):
To your knowledge, did Dr. Weyrauch perform the autopsy on Sophie on May 21st of 2023?
Gregory Vincent (06:08:39):
Yes, he did.
State Attorney (06:08:40):
And were you present when that autopsy was performed?
Gregory Vincent (06:08:42):
Yes, I was.
State Attorney (06:08:43):
Why were you present?
Gregory Vincent (06:08:45):
On that day, I was assigned as what we refer to as the teaching attending, so I was the full-time faculty staff that was in charge of Dr. Weyrauch that day to supervise him on the examinations that he performed that day.
State Attorney (06:08:57):
And you mentioned that you also signed off on that autopsy report. What was that signature signifying?
Gregory Vincent (06:09:03):
That signature is signifying that I was not only present for the examination and supervised him, as well as any follow-up reviews, and that I agreed with the findings that he documented in the autopsy report.
State Attorney (06:09:15):
Is Dr. Weyrauch currently with your office?
Gregory Vincent (06:09:18):
No, he is not.
State Attorney (06:09:22):
In the preparation for your testimony today, what, if any, information did you review regarding the autopsy of Sophie?
Gregory Vincent (06:09:30):
I reviewed the photographs that we had taken at the examination. I also reviewed the report that Dr. Weyrauch generated that I co-signed on. I reviewed the toxicology report, the information in our computer system, including notes that were taken throughout the examination. I reviewed Dr. Weyrauch's autopsy room notes in addition to his report, and I also reviewed... There was a few documents that we'd had from other investigative agencies and additional photographs that were made available of clothing as well as a vehicle.
State Attorney (06:10:14):
And you mentioned reviewing documents from other agencies. Is it typical when you're conducting an autopsy to review outside information as well?
Gregory Vincent (06:10:23):
Yes.
State Attorney (06:10:23):
And does the statutes authorizing your office require agencies to provide you any documentation that you need to conduct your examinations?
Gregory Vincent (06:10:34):
Yes.
State Attorney (06:10:39):
When an autopsy is performed, do you have some special number in your office to associate that autopsy with that person?
Gregory Vincent (06:10:45):
Yes, we do.
State Attorney (06:10:46):
And how do you do that?
Gregory Vincent (06:10:47):
So it's a number comprised where the first two digits are just the year. So somebody that gets called in today, the first two digits would be 26. And then each number is just sequentially throughout the year, starting with number one on January 1st. The number pertains to anything that's called into our office, whether or not we accept the case or decline the case. So for example, if in a particular year we have a number that's 20,000, that doesn't mean we did 20,000 autopsies. It just means that 20,000 cases were reported to us for evaluation and to decide whether or not it's accepted as a case.
State Attorney (06:11:24):
And do you recall what the autopsy number was assigned to the autopsy of Sophie?
Gregory Vincent (06:11:31):
Yes.
State Attorney (06:11:32):
What number was that?
Gregory Vincent (06:11:33):
23-10093.
State Attorney (06:11:46):
Do you recall were photos taken during the autopsy of Sophie?
Gregory Vincent (06:11:51):
Yes, they were.
State Attorney (06:11:52):
Do you recall about how many?
Gregory Vincent (06:11:54):
I don't recall the exact number off the top of my head. I apologize.
State Attorney (06:11:57):
Greater than 40?
Gregory Vincent (06:12:00):
I think so, but again, I don't recall the number off the top of my head. There were a number of photos taken, yes.
State Attorney (06:12:06):
And do you recall how many photos the police took during the autopsy of Sophie?
Gregory Vincent (06:12:12):
No, I don't recall.
State Attorney (06:12:18):
So I'm going to begin with State's Exhibit 42. Can you just take a look at that?
Gregory Vincent (06:12:30):
Sure.
State Attorney (06:12:30):
See if you recognize it.
Gregory Vincent (06:12:34):
I do.
State Attorney (06:12:35):
What do you recognize it to be?
Gregory Vincent (06:12:36):
This is a photograph of Sophie. This is what we call our identification photograph. It's just a photograph of the person's face with our case number on it.
State Attorney (06:12:45):
And is that photograph in the same or substantially same condition as when it was taken during the autopsy of Sophie?
Gregory Vincent (06:12:50):
Yes.
State Attorney (06:12:51):
And is it a fair and accurate depiction of what it shows?
Gregory Vincent (06:12:53):
Yes.
State Attorney (06:12:54):
Offer it full.
Defense Attorney (06:12:54):
May I see it please?
State Attorney (06:13:01):
I apologize.
Defense Attorney (06:13:10):
No objection.
State Attorney (06:13:14):
Publish that. They're in order for you now.
Judge (06:13:19):
What number is that?
Speaker 18 (06:13:19):
42.
State Attorney (06:13:21):
Yep. 42.
(06:13:23)
And does the bottom of that photo depict that autopsy number where you spoke of?
Gregory Vincent (06:13:27):
Yes. The number's at the bottom of the photo.
State Attorney (06:13:46):
What was the first step of performing the autopsy of Sophie?
Gregory Vincent (06:13:51):
So the first step involves the... I'm trying to remember exactly this.,, Do you want me to start on how the case gets assigned or just the first step for the examination?
State Attorney (06:14:02):
Sorry. Once...
Gregory Vincent (06:14:00):
... On how the case gets assigned or just the first step for the examination?
State Attorney (06:14:02):
Sorry, if you begin with the physical examination.
Gregory Vincent (06:14:06):
Okay. The physical examination. So once we open up the body bag, we begin to examine the person performing that external examination as I described earlier. We open it up, we take a series of photographs, one from each side of the person, as well as the identification photograph that you just saw. While that's going on, the doctor is sort of performing their external examination while everything is going on. Depending on the case, we may order x-rays or we may do other things during this time as well.
State Attorney (06:14:35):
And is it standard procedure to wash the body as well?
Gregory Vincent (06:14:39):
Yeah. So we do an examination as the person comes in and document what we see. We then clean off the body and sort of do a second examination over again, because sometimes there may be things on the body that once we clean off, make other findings more apparent.
State Attorney (06:14:54):
And was that done in this case?
Gregory Vincent (06:14:55):
Yes, it was.
State Attorney (06:14:58):
And when you perform an autopsy, do you also look for evidence of therapeutic procedures?
Gregory Vincent (06:15:02):
Yes.
State Attorney (06:15:03):
What are therapeutic procedures?
Gregory Vincent (06:15:06):
Therapeutic procedures are those things that are done during attempted medical resuscitation or rescue. So things that are performed by emergency medical technicians as well as emergency room doctors or anyone really in the hospital at all if the person makes it into the hospital. So things like intravenous catheters, endotracheal tubes, electrocardiograph leads, all those things are considered therapeutic procedures.
State Attorney (06:15:31):
And was there evidence of therapeutic procedures on the body of Sophie?
Gregory Vincent (06:15:35):
Yes, there was.
State Attorney (06:15:36):
What were those?
Gregory Vincent (06:15:37):
Would I be able to refer to Dr. Wybach's report just to refresh my memory?
State Attorney (06:15:42):
Showing you State's Exhibit 41. I'm going to leave it up here in case you need it.
Gregory Vincent (06:15:45):
Thank you.
State Attorney (06:15:45):
That is a full example.
Gregory Vincent (06:15:57):
So she had endotracheal tube, electrocardiograph leads or EKG leads, defibrillator pads. She also had some intravenous catheters, and then it appeared that there had been a, what's called a thoracotomy incision performed, which is an incision generally to access one of the pleural cavities for emergency efforts.
State Attorney (06:16:18):
Did you also review the medical records of Sophie from [inaudible 06:16:22] hospital?
Gregory Vincent (06:16:23):
Yes, I did.
State Attorney (06:16:24):
What, if anything, did you note in the area of therapeutic procedures relative to those records?
Gregory Vincent (06:16:31):
Just in the records, I mean, they talked about the thoracotomy that they performed, and that a large amount of blood was removed during the procedure.
State Attorney (06:16:44):
And you said that you begin your examination top to bottom, right?
Gregory Vincent (06:16:48):
That is correct.
State Attorney (06:16:49):
So I'm going to start with the top of Sophie's head. Did you observe any injuries on the top of Sophie's head?
Gregory Vincent (06:16:56):
Yes. On her head, yes.
State Attorney (06:16:57):
And I'm going to show you State's Exhibit 43. Take a look at that and see if you recognize it.
Gregory Vincent (06:17:23):
Yes, I do.
State Attorney (06:17:25):
And what do you recognize it to be?
Gregory Vincent (06:17:27):
This is a photograph of the right side of Sophie's head and she has, in her hairline, there's an injury just above her ear. This is from the right side of the head and the right ear is in the picture.
State Attorney (06:17:40):
And was that an injury that you documented in the report?
Gregory Vincent (06:17:43):
Yes.
State Attorney (06:17:44):
What specifically was the significance of that injury?
Gregory Vincent (06:17:48):
It's an abrasion on the scalp.
State Attorney (06:17:51):
And is that in the same or substantially the same condition as when you caused that photograph to be taken?
Gregory Vincent (06:17:57):
Yes.
State Attorney (06:17:58):
Does that accurately depict the injury as documented in the report?
Gregory Vincent (06:18:01):
Yes, it does.
State Attorney (06:18:02):
Offer it full?
Speaker 20 (06:18:05):
No objection.
State Attorney (06:18:07):
Full. Display that to the jury. And I believe you have a mouse, and hopefully it's working.
Gregory Vincent (06:18:21):
It's [inaudible 06:18:26]. Yes.
State Attorney (06:18:29):
And can you point out to the jury where you were seeing this abrasion you referenced?
Gregory Vincent (06:18:34):
Okay. Just for orientation, because our tag here is sort of in the middle of the photograph, but you can see below the tag, this is an ear lobe. So we're looking, her right ear, the tag is on top of the right ear. And sorry, here in that area, I'm just going to use this as a mouse pad. This pinkish area right above the scale within the hairline, this pink red area, that is an abrasion of the scalp on the right side of the head.
State Attorney (06:19:07):
And turning to the left side of Sophie's head, did you also find noticeable injuries to the left side of her head?
Gregory Vincent (06:19:13):
Yes, I did.
State Attorney (06:19:14):
And did you cause a photograph to be taken of those injuries?
Gregory Vincent (06:19:16):
Yes.
State Attorney (06:19:17):
Showing you State's Exhibit 44 for identification. Do you recognize that?
Gregory Vincent (06:19:26):
Yes, I do.
State Attorney (06:19:27):
What do you recognize it to be?
Gregory Vincent (06:19:29):
This is a photograph of the left side of Sophie's face and her neck.
State Attorney (06:19:33):
And is that a fair and accurate depiction of the injuries as you documented them during the autopsy?
Gregory Vincent (06:19:38):
Yes, it is.
State Attorney (06:19:40):
And is it in the same or substantially the same condition as when you caused it to be created?
Gregory Vincent (06:19:43):
Yes.
State Attorney (06:19:43):
Offer it full.
Speaker 20 (06:19:44):
No objection.
State Attorney (06:19:47):
Push that, please. Now if we could begin with the top of the photograph of this dark area here, can you explain what that is?
Gregory Vincent (06:20:05):
Yeah. So that is an abrasion of the skin.
State Attorney (06:20:09):
And below that, what else do we see?
Gregory Vincent (06:20:12):
There is a larger pattern abrasion here covering basically the entirety of her left cheek and extending to her left ear.
State Attorney (06:20:20):
And are there other injuries to Sophie notated in the jaw on there?
Gregory Vincent (06:20:25):
Yes. There is a abrasion here along the edge of the left jaw and contusion.
State Attorney (06:20:35):
Based upon the injuries that you saw on the jaw and the face of Sophie, did you look for evidence of fractures?
Gregory Vincent (06:20:43):
Yes.
State Attorney (06:20:43):
What, if anything, did you find?
Gregory Vincent (06:20:45):
Underneath this abrasions along the jawline, her jaw was broken or fractured.
State Attorney (06:20:52):
And did you also look for any injuries to the brain?
Gregory Vincent (06:20:57):
Sorry?
State Attorney (06:20:58):
Based upon these injuries, did you also look for injuries to the brain?
Gregory Vincent (06:21:01):
Yes, I examined the brain.
State Attorney (06:21:02):
And what, if any, injuries did you find?
Gregory Vincent (06:21:04):
We did not find... I think, I believe there was some subarachnoid hemorrhage?
State Attorney (06:21:11):
And if you need to look at Exhibit 41 to refresh your recollection, please do.
Gregory Vincent (06:21:14):
Yes. There was some subarachnoid hemorrhage, which is hemorrhaging on the very surface of the brain.
State Attorney (06:21:21):
Were there also injuries to Sophie's mouth and face?
Gregory Vincent (06:21:27):
Yes.
State Attorney (06:21:27):
What were those injuries?
Gregory Vincent (06:21:30):
She's got an abrasion, you can see on this photograph, on her left chin. There's also an abrasion on the lower right lip.
State Attorney (06:21:36):
Did you find any... I'm sorry.
Gregory Vincent (06:21:39):
Sorry. And there were chips of the teeth.
State Attorney (06:21:40):
Did you find any evidence of damage to the teeth?
Gregory Vincent (06:21:42):
Yes.
State Attorney (06:21:43):
What was found?
Gregory Vincent (06:21:44):
There were chips of some of her frontal teeth.
State Attorney (06:21:47):
And based upon a reasonable degree of medical certainty, were the injuries that you observed on Sophie's face and head consistent with falling from a moving vehicle?
Gregory Vincent (06:21:55):
Yes.
State Attorney (06:21:58):
And taken alone, did those injuries cause Sophie's death?
Gregory Vincent (06:22:04):
No.
State Attorney (06:22:04):
I want to look toward the bottom of this photograph in the neck area. Is there evidence of injuries there?
Gregory Vincent (06:22:10):
Yes, there is an abrasion there on the left side of her neck.
State Attorney (06:22:12):
Did you also take a closeup photo of those injuries?
Gregory Vincent (06:22:16):
Yes, we did.
State Attorney (06:22:17):
I'm going to approach with State's Exhibit 45. Do you recognize that?
Gregory Vincent (06:22:27):
Yes, I do.
State Attorney (06:22:28):
What do you recognize that to be?
Gregory Vincent (06:22:30):
This is a closer up photograph of the left side of Sophie's neck.
State Attorney (06:22:34):
Is that in the same or substantially the same condition as when it was created?
Gregory Vincent (06:22:37):
Yes, it is.
State Attorney (06:22:38):
Does it fairly and accurately depict the injuries to her neck?
Gregory Vincent (06:22:41):
Yes, it does.
State Attorney (06:22:41):
Offer it full?
Speaker 20 (06:22:42):
No objection.
State Attorney (06:22:44):
Full. Publish that, please. Can you describe to the jury what we're seeing here, Doctor?
Gregory Vincent (06:22:55):
Yes. In this photograph, the center of the photograph showing her left side of her neck shows a patterned abrasion of the neck.
State Attorney (06:23:05):
What is a patterned abrasion?
Gregory Vincent (06:23:06):
So an abrasion is a blunt injury... Sorry, it's an injury caused by a blunt object or what we refer to as a blunt injury where there's basically damage to the most superficial layers of the skin, similar to a scrape. We refer to an abrasion as being patterned when there is some sort of appearance to it that has a pattern consistent with something else we might identify that might kind of line up with whatever object or surface collided with the skin.
State Attorney (06:23:33):
And after you observed those injuries to her neck, did you look for any internal injury to her neck or spinal cord?
Gregory Vincent (06:23:40):
Yes.
State Attorney (06:23:41):
And what, if anything, did you find?
Gregory Vincent (06:23:43):
We didn't find any internal injury.
State Attorney (06:23:46):
And the injuries as it relates to her neck, are those blunt force injuries?
Gregory Vincent (06:23:50):
Yes, they are.
State Attorney (06:23:51):
What is a blunt force injury?
Gregory Vincent (06:23:53):
A blunt force injury is an injury caused by a blunt object, so an object with basically a hard flat surface or a non-sharp surface when it impacts the body.
State Attorney (06:24:06):
Are those injuries to her neck consistent with road rash?
Gregory Vincent (06:24:10):
Yes.
State Attorney (06:24:11):
Are those injuries to her neck consistent with scratches?
Gregory Vincent (06:24:14):
Yes.
State Attorney (06:24:15):
Are those injuries to her neck consistent with a necklace being forcibly ripped from her neck?
Gregory Vincent (06:24:20):
They could be, yes.
State Attorney (06:24:20):
Can you say to a reasonable degree of medical certainty what caused those injuries?
Gregory Vincent (06:24:24):
No.
State Attorney (06:24:26):
Taken along, did those injuries cause Sophie's death?
Gregory Vincent (06:24:29):
No, they did not.
State Attorney (06:24:34):
As a part of your examination, did you also look for evidence of injuries to Sophie's extremities?
Gregory Vincent (06:24:39):
Yes.
State Attorney (06:24:40):
I want to specifically talk about her hands. Did you notice any injuries to her hands?
Gregory Vincent (06:24:44):
Yes.
State Attorney (06:24:45):
What, if anything, did you notice?
Gregory Vincent (06:24:46):
There were abrasions and contusions or bruises.
State Attorney (06:24:52):
And did you take photographs of Sophie's hands?
Gregory Vincent (06:24:55):
Yes, we did.
State Attorney (06:24:55):
Did those accurately display those injuries?
Gregory Vincent (06:24:58):
Yes, they did.
State Attorney (06:24:59):
I'm going to show you State's Exhibit 46 and 47. Ask you to take a look at those. See if you recognize them.
Gregory Vincent (06:25:20):
Yes, I do.
State Attorney (06:25:21):
What do you recognize them to be?
Gregory Vincent (06:25:22):
46 is a photograph of Sophie's right hand and 47 is a photograph of Sophie's left hand.
State Attorney (06:25:28):
And do those fairly and accurately depict the injuries to those areas?
Gregory Vincent (06:25:31):
Yes.
State Attorney (06:25:32):
And are they in the same or substantially the same condition as when you caused those photos to be taken?
Gregory Vincent (06:25:36):
Yes, they are.
State Attorney (06:25:37):
Offer it full?
Speaker 20 (06:25:37):
No objection.
State Attorney (06:25:39):
[inaudible 06:25:39] 46, please. Doctor [inaudible 06:25:46] could you just describe what we're seeing in the injuries here?
Gregory Vincent (06:25:49):
Sure. This is a photograph of Sophie's right hand, and you can see most prominently on her fifth finger or her little finger are a number of abrasions and bruising. I forgot that I had the mouse here. I apologize. So the red areas are abrasions. The purple areas that sort of surround those are the areas of contusion, and you can see that they pretty much go on the whole side of the hand here, and then you can see on her fourth finger and her middle finger, there are additional abrasions here, here, and here. And I believe this is also one that's on the inside of her index finger.
State Attorney (06:26:31):
And what type of injuries are those?
Gregory Vincent (06:26:34):
These are blunt force injuries.
State Attorney (06:26:36):
And do you have an opinion to a reasonable degree of medical certainty as to the cause of those injuries?
Gregory Vincent (06:26:40):
Yes.
State Attorney (06:26:41):
What is that?
Gregory Vincent (06:26:42):
They were impacted with a blunt object.
State Attorney (06:26:45):
And taken alone, are those injuries what caused Sophie's death?
Gregory Vincent (06:26:48):
No.
State Attorney (06:26:49):
If you go to the State's Exhibit 47, please. Can you describe what we're seeing here?
Gregory Vincent (06:26:58):
It's a photograph of her left hand, again, with the pinky finger or the fifth finger sort of in the foreground of the photo, and you can see on the side of the hand here, there's a very light blue contusion. When we get closer to the wrist, there's a darker purple contusion.
State Attorney (06:27:14):
And what types of injuries are those?
Gregory Vincent (06:27:16):
These are blunt injuries.
State Attorney (06:27:17):
And do you have an opinion to a reasonable degree of medical certainty as to the cause of those injuries?
Gregory Vincent (06:27:22):
Yes.
State Attorney (06:27:22):
And what is that?
Gregory Vincent (06:27:23):
Impact with a blunt object.
State Attorney (06:27:24):
And taken alone, did those injuries cause Sophie's death?
Gregory Vincent (06:27:29):
No, they did not.
State Attorney (06:27:32):
Did you also find evidence of injuries on Sophie's legs?
Gregory Vincent (06:27:35):
Yes.
State Attorney (06:27:36):
And what were the injuries that you noted on her legs?
Gregory Vincent (06:27:39):
There were some small abrasions.
State Attorney (06:27:41):
And was a photograph taken to depict those?
Gregory Vincent (06:27:44):
Yes.
State Attorney (06:27:45):
I'm going to show you State's Exhibit 48. See if you recognize that?
Gregory Vincent (06:27:55):
Yes.
State Attorney (06:27:56):
What do you recognize it to be?
Gregory Vincent (06:27:57):
This is a photograph of Sophie's legs.
State Attorney (06:28:00):
And is that in the same or substantially the same condition as when you caused it to be taken?
Gregory Vincent (06:28:03):
Yes, it is.
State Attorney (06:28:04):
It's a fair and accurate depiction of those injuries?
Gregory Vincent (06:28:06):
Yes.
State Attorney (06:28:06):
Offer it full?
Speaker 20 (06:28:09):
No objection.
State Attorney (06:28:09):
Is this a good time to take a break? Or keep going?
Judge (06:28:12):
Yeah. What I want to do though is... Do you mind if I give you a 10-minute break instead of 15? Show of hands. All right. I appreciate that. All right. We're going to take a 10-minute break. Leave your notebooks on the chairs. Please don't discuss the case with anyone amongst each other, Marshalls, court staff, and enjoy your break. Good afternoon, everybody. Thank you, staff... Have a seat, for the 10-minute break. I appreciate that, and counsel. Attorney Clifton, how much longer do you think you have?
State Attorney (06:39:23):
About halfway.
Judge (06:39:25):
Halfway. Okay. So we may not even get to you at this point. Doctor, you're okay to come back on Monday?
Gregory Vincent (06:39:34):
Yes.
Judge (06:39:35):
We're going to try to start at 9:30. Is that okay?
Gregory Vincent (06:39:37):
Yes, that's fine.
Judge (06:39:38):
All right. Are you okay with 9:30 on Monday? I appreciate that. Attorney Clifton, if we get between 4:30 and quarter of, if you think it's a good place to stop, feel free. All right?
State Attorney (06:40:17):
I will defer to Your Honor. I have no problem stopping at that point.
Judge (06:40:20):
All right. All right. Will the parties stipulate to the presence of the jury?
State Attorney (06:40:53):
Yes, Your Honor.
Judge (06:40:54):
All right. Have a seat. Thank you, ladies and gentlemen. Appreciate it for that shorter break. Attorney Clifton?
State Attorney (06:41:07):
Thank you, Your Honor. We publish State's Exhibit 48. Doctor, can you describe the injuries that are depicted in this photograph?
Gregory Vincent (06:41:20):
Yes. So she has small abrasions on each of her knees. My... Here we go.
State Attorney (06:41:27):
And do you have an opinion to a reasonable degree of medical certainty as to the cause of those injuries?
Gregory Vincent (06:41:31):
Yes.
State Attorney (06:41:32):
And what is that?
Gregory Vincent (06:41:34):
They are injuries from contacting a blunt object.
State Attorney (06:41:38):
And taken on their own, are those injuries what caused Sophie's death?
Gregory Vincent (06:41:42):
No, they are not.
State Attorney (06:41:44):
Turning to the arms, did you also notice evidence of injuries on Sophie's arms?
Gregory Vincent (06:41:50):
Yes, I believe so.
State Attorney (06:41:52):
And were those injuries photographed?
Gregory Vincent (06:41:58):
Yes.
State Attorney (06:42:02):
Beginning with State's Exhibit 49, 50, and 51. I'm going to show you all these three at the same time. These are identifications. Do you recognize them?
Gregory Vincent (06:42:31):
Yes.
State Attorney (06:42:32):
Beginning with State's Exhibit 49, do you recognize what's depicted in that photograph?
Gregory Vincent (06:42:36):
Yes.
State Attorney (06:42:37):
And is that a fair and accurate representation of the injuries photographed there?
Gregory Vincent (06:42:40):
Yes, it is.
State Attorney (06:42:41):
And is it in the same or substantially same condition as when you caused that photograph to be taken?
Gregory Vincent (06:42:45):
Yes.
State Attorney (06:42:45):
Offer it full?
Speaker 20 (06:42:45):
No objection.
State Attorney (06:42:45):
State's Exhibit 50... We're not going to publish that. State's Exhibit 50, does that fairly and accurately depict the injuries in the photos of that area?
Gregory Vincent (06:42:45):
Yes.
State Attorney (06:42:45):
And is that in the same or substantially the same condition as when you caused it to be taken?
Gregory Vincent (06:42:46):
Yes.
State Attorney (06:42:47):
Offer full?
Speaker 20 (06:42:48):
No objection.
State Attorney (06:42:49):
State's Exhibit 51. Does that photograph fairly and accurately depict the injuries noted in therein?
Gregory Vincent (06:43:02):
Yes.
State Attorney (06:43:03):
And is that in the same or substantially the same condition as when you caused it to be taken?
Gregory Vincent (06:43:07):
Yes.
State Attorney (06:43:08):
Offer that full.
Speaker 20 (06:43:09):
No objection.
State Attorney (06:43:10):
All right those are all full. If we could publish State's Exhibit 49. Can you describe the injuries that were seen in State's Exhibit 49?
Gregory Vincent (06:43:37):
Yeah. So this photograph is an overall shot of Sophie from the front. You can see the injuries that I previously reviewed on her left cheek and on her chin, as well as on her left neck. There is another abrasion that is on the upper left part of her chest overlying her collarbone. You can also see some abrasions in the left armpit, and there is an injury on the back of her left forearm in this photograph.
State Attorney (06:44:07):
And what types of injuries are those?
Gregory Vincent (06:44:09):
These are all blunt injuries, contusions and abrasions.
State Attorney (06:44:14):
Do you have an opinion to a reasonable degree of medical certainty as to what caused those injuries?
Gregory Vincent (06:44:18):
Yes.
State Attorney (06:44:19):
What is that?
Gregory Vincent (06:44:20):
Impact with a blunt object.
State Attorney (06:44:23):
Did you also cause photographs to be taken closeup of Sophie's left forearm?
Gregory Vincent (06:44:30):
I'm sorry.
State Attorney (06:44:31):
Did you also cause a photograph to be taken of Sophie's left forearm?
Gregory Vincent (06:44:35):
Yes.
State Attorney (06:44:36):
Did that show State's Exhibit 50?
Gregory Vincent (06:44:40):
Yes.
State Attorney (06:44:42):
Is this a closeup of the injuries depicted on the left forearm?
Gregory Vincent (06:44:46):
Yes.
State Attorney (06:44:48):
Can you describe what we're seeing here?
Gregory Vincent (06:44:49):
We're seeing abrasions here, the larger pink areas are abrasions, and this shadow here is a contusion. This darker area here in the shadowed area is a contusion.
State Attorney (06:45:04):
What types of injuries are those?
Gregory Vincent (06:45:06):
These are all blunt injuries.
State Attorney (06:45:08):
Do you have an opinion to a reasonable degree of medical certainty as to the cause of those injuries?
Gregory Vincent (06:45:12):
Yes.
State Attorney (06:45:14):
Taken on their own... I'm sorry, what is that opinion?
Gregory Vincent (06:45:15):
Impact with a blunt object.
State Attorney (06:45:18):
And taken on their own, did those injuries cause Sophie's death?
Gregory Vincent (06:45:21):
No, they did not.
State Attorney (06:45:24):
Now, if we could go back to State's Exhibit 50 for... Sorry, we are on State's Exhibit 50. Did you also take photographs of the armpit area of the bruising we saw in that earlier photograph?
Gregory Vincent (06:45:38):
Yes, we did.
State Attorney (06:45:39):
Is that depicted in State's Exhibit 51? We published that.
Gregory Vincent (06:45:43):
Yes.
State Attorney (06:45:45):
And what are we seeing here?
Gregory Vincent (06:45:47):
Just for orientation, we have to the left side of the photograph would be Sophie's face. The top of the photograph, you can see her hair. This is her left arm is basically upward so that her hand would be up above her head so that we can see the inside of her left upper arm and her armpit, and you can see that there's a number of different abrasions here.
State Attorney (06:46:14):
What types of injuries are those?
Gregory Vincent (06:46:16):
These are all blunt injuries.
State Attorney (06:46:18):
And do you have an opinion to a reasonable degree of medical certainty as to the cause of those injuries?
Gregory Vincent (06:46:22):
Yes.
State Attorney (06:46:23):
What is that opinion?
Gregory Vincent (06:46:24):
Impact with a blunt object.
State Attorney (06:46:28):
Taken on their own, did those injuries cause Sophie's death?
Gregory Vincent (06:46:31):
No.
State Attorney (06:46:34):
Did you find any evidence of broken bones in Sophie's legs?
Gregory Vincent (06:46:38):
Sorry, in her legs?
State Attorney (06:46:39):
Yes.
Gregory Vincent (06:46:39):
No.
State Attorney (06:46:40):
Did you find any evidence of broken bones in her arms?
Gregory Vincent (06:46:43):
No.
State Attorney (06:46:44):
Did you find any evidence of broken bones in her hands?
Gregory Vincent (06:46:47):
No.
State Attorney (06:46:51):
You had mentioned toxicological results in the autopsy of Sophie. Did that toxicological report have a positive finding for alcohol?
Gregory Vincent (06:47:02):
Sorry, did you say for alcohol?
State Attorney (06:47:05):
For alcohol.
Gregory Vincent (06:47:06):
Yes, it was positive for alcohol.
State Attorney (06:47:08):
When converted for a blood alcohol content, what level was found?
Gregory Vincent (06:47:13):
I believe it was 0.15.
State Attorney (06:47:16):
And did the alcohol in Sophie's system cause her death?
Gregory Vincent (06:47:23):
No.
State Attorney (06:47:24):
Now, if we could go back to State's Exhibit 49, were there also blunt force injuries noted on the front of Sophie's torso?
Gregory Vincent (06:47:36):
Yes.
State Attorney (06:47:38):
And did you also examine the back of Sophie?
Gregory Vincent (06:47:40):
Yes, I did. We did.
State Attorney (06:47:43):
Did you take photographs to depict injuries located there?
Gregory Vincent (06:47:46):
Yes, we did.
State Attorney (06:47:47):
I'm going to show you State's Exhibit 52. Do you recognize that?
Gregory Vincent (06:47:56):
Yes, I do.
State Attorney (06:47:57):
What do you recognize it to be?
Gregory Vincent (06:47:59):
This is a photograph of Sophie's back.
State Attorney (06:48:01):
And is that in the same or substantially the same condition as when you...
Gregory Vincent (06:48:00):
... Sophie's back.
State Attorney (06:48:01):
And is that in the same or substantially the same condition as when you caused it to be taken?
Gregory Vincent (06:48:05):
Yes.
State Attorney (06:48:05):
Does that fairly and accurately depict the injuries to Sophie's back?
Gregory Vincent (06:48:08):
Yes.
State Attorney (06:48:09):
Offer it full.
Speaker 21 (06:48:10):
No objection.
Judge (06:48:10):
Approach, please.
State Attorney (06:48:24):
If we could begin with the upper left portion of the photograph, Sophie's shoulder, left shoulder. Can you describe what injuries we're seeing there?
Gregory Vincent (06:48:34):
Yes. So there is... Trying to get the mouse. I apologize. But basically there is a abrasion here that's the red area and it's surrounded. You can see that there's some light purple around that. And this is her upper left back on the back of the shoulder. That purple area is bruising around that abrasion.
State Attorney (06:48:55):
And is there evidence of lividity depicted in this photograph?
Gregory Vincent (06:48:59):
Yes, we can see lividity.
State Attorney (06:49:00):
What is lividity?
Gregory Vincent (06:49:02):
Lividity is a postmortem phenomenon. It's the settling of blood after your heart stops beating. So your heart stops beating, blood's no longer flowing. It's going to settle to the gravity dependent areas of the body with whatever position it's in. If a body is laying against something like on a floor, you're going to see lividity not get to the areas that are in contact with the floor, but get to those gravity dependent areas that are not pressing against the floor, for example.
State Attorney (06:49:29):
Can you show the jury what evidence of lividity is depicted in this photograph?
Gregory Vincent (06:49:34):
Sure. So lividity tends to have a sort of pinkish purple color. And these areas here that are kind of more along the sides in the photograph here, up at the base of the neck here, over on the side here, this area that's a little bit more, that appears to look a little more smooth in the photograph along the edge of her body, this is all lividity. Here on the back of the right arm is also lividity.
(06:50:07)
And just for an example where I say what we refer to as spare lividity, if you look up at her neck, and I apologize if the mouse is not working great, she did have a cervical collar on or a strap on with that endotracheal tube. So areas where the pressure is put, you can see that there was no lividity settling there, but there was lividity in areas where that was not in contact.
State Attorney (06:50:31):
And how do you tell the difference between lividity and injury?
Gregory Vincent (06:50:35):
It's something that just from experience we learned, but from looking at it, with lividity, there is no break in the skin. Whereas with an injury, especially abrasions, you will see a break in the skin. Similarly with bruising or contusions, they tend to have a slightly different color. If you do have a question about it, you can make an incision into the skin and see if there's hemorrhaging underneath the skin. If it's a contusion, you will see hemorrhaging underneath the skin. If it's lividity, you will not see hemorrhage.
State Attorney (06:51:04):
What is hemorrhaging?
Gregory Vincent (06:51:06):
Sorry, bleeding. Hemorrhaging is bleeding.
State Attorney (06:51:09):
And we discussed the injuries on Sophie's left shoulder. What about the injuries to the right side of her body, her back?
Gregory Vincent (06:51:17):
Yeah. So she has some large patterned abrasions up on the upper right back and sort of the mid right back here and here, and a smaller abrasion with a little bit of contusion sort of in the mid portion over the shoulder blade on the right.
State Attorney (06:51:34):
And did you take a closer up photograph to that area of injury?
Gregory Vincent (06:51:38):
Yes, I believe we did.
State Attorney (06:51:39):
And I'm going to show you State's Exhibit 53. Do you recognize that photograph?
Gregory Vincent (06:51:52):
I do.
State Attorney (06:51:52):
What do you recognize it to be?
Gregory Vincent (06:51:54):
This is another photograph of Sophie's back, looking at the right side, a little bit more focused at an angle where we can see those injuries better in the photograph.
State Attorney (06:52:05):
Is that a fair and accurate injuries of those... Sorry. Fair and accurate photograph of the injuries to Sophie's right back?
Gregory Vincent (06:52:12):
Yes.
State Attorney (06:52:13):
And is that in the same or substantially the same condition as when you caused it to be taken?
Gregory Vincent (06:52:16):
Yes, it is.
State Attorney (06:52:16):
Offer full.
Speaker 21 (06:52:16):
No objection.
Judge (06:52:17):
So publish.
State Attorney (06:52:21):
Now you had mentioned the term patterned abrasion earlier. Do you see pattern abrasions in this photograph?
Gregory Vincent (06:52:37):
Yes. If you look closely, you can see a pattern to them. On the one that's sort of more towards the top of the shoulder, the upper one, for lack of a better word, you can see that there's some lines in that abrasion sort of going from the lower right to the upper left. Similarly on the lower one, if you look, there is, it looks almost like stippled. It's showing up better on my screen. I don't know if you can quite see it. But it looks like there's a pattern of little tiny dots here throughout the wound and that's part of the pattern of the abrasion.
Speaker 21 (06:53:08):
Can we zoom in on that area, please?
Judge (06:53:10):
Can you identify where he's pointing to Attorney Clifton?
State Attorney (06:53:12):
Yes, Your Honor. It's the red mark in the middle of the photograph to the right of the bottom of the tattoo.
Judge (06:53:18):
Okay.
State Attorney (06:53:24):
And if we go up to that injury just directly above that, that red area.
Gregory Vincent (06:53:44):
Let me just use the cursor to move it up and down.
State Attorney (06:53:47):
Got it. All right. So can you describe to the jury what this injury here is on the upper right portion of that?
Gregory Vincent (06:54:05):
Are you referring to this injury here or just the entire upper right?
State Attorney (06:54:10):
The entire upper right.
Gregory Vincent (06:54:11):
So the entire... This is all part of the same abrasion. Again, there's some pattern to it. You can see similar stippling that we saw in the other one, but also you can see that there's some line pattern through it as well.
State Attorney (06:54:23):
And what causes a pattern abrasion versus abrasion?
Gregory Vincent (06:54:28):
So again, abrasions are blunt injuries from a blunt object striking the skin and injuring the outer layer of skin. If the object that is striking the skin is not completely smooth and has some sort of pattern on it can impart an injury with a similar looking pattern on the skin. And we refer to that as a patterned abrasion.
State Attorney (06:54:49):
And can a road cause a patterned abrasion?
Gregory Vincent (06:54:51):
Yes.
State Attorney (06:54:52):
Can a tire cause a patterned abrasion?
Gregory Vincent (06:54:54):
Yes.
State Attorney (06:54:57):
Having viewed these photos, did you also look for evidence of injury on the interior of Sophie consistent with those areas of injury?
Gregory Vincent (06:55:05):
Yes.
State Attorney (06:55:06):
How did you do that?
Gregory Vincent (06:55:08):
When we proceeded with the internal examination of the body on that part of the autopsy, so we open up the cavities, examine each organ, remove each organ, and continue to examine the cavity as well as the organs as we go through that and just identifying anything abnormal and whether it's due to injury or disease as they go.
State Attorney (06:55:25):
And during that internal examination, did you discover evidence of rib fractures?
Gregory Vincent (06:55:30):
Yes.
State Attorney (06:55:30):
Can you describe those to the jury?
Gregory Vincent (06:55:32):
Yes. So she had rib fractures in the left pleural cavity. So the left pleural cavity is where your left lung is. She had fractures that were what we call at the costovertebral junction. So basically that's in the back where the ribs meet the spinal column. She had fractures on the left there of ribs three through eight, and there was associated bleeding or hemorrhage surrounding those. Additionally, there were fractures on the sort of outer side or lateral side of those ribs on ribs eight and nine that were fractured on the left-hand side with additional hemorrhaging. On the right-hand side, we didn't see any rib fractures, but there was hemorrhage along where the ribs meet the vertebra or the spinal column.
State Attorney (06:56:21):
And did you cause photographs to be taken of those broken rib injuries?
Gregory Vincent (06:56:25):
Yes, we did.
State Attorney (06:56:26):
I'll show you what's been marked State's Exhibit 54 and 55 for identification. Do you recognize those?
Gregory Vincent (06:56:42):
Yes, I do.
State Attorney (06:56:42):
What do you recognize those to be?
Gregory Vincent (06:56:43):
Number 54 is a photograph of Sophie's torso. After we have proceeded with the internal examination, removed all of the internal organs and took a photograph of the cavity without the organs.
(06:56:59)
The next one, which I believe is number 55, this is a photograph looking at the left rib cage after we have made incisions between each rib through what's called the intercostal muscles.
State Attorney (06:57:16):
And are they fair and accurate depictions of the injuries to her ribs?
Gregory Vincent (06:57:20):
Yes.
State Attorney (06:57:21):
And are they in the same or substantially the same condition as when you caused them to be taken?
Gregory Vincent (06:57:26):
Yes.
State Attorney (06:57:27):
And are those photographs necessary for you to explain your testimony relative to those injuries?
Gregory Vincent (06:57:31):
I believe so, yes.
State Attorney (06:57:32):
Offer in full.
Speaker 21 (06:57:34):
No objection.
Judge (06:57:37):
Attorney Clifton, can I see it?
State Attorney (06:57:41):
Yes, Your Honor.
Judge (06:57:41):
[inaudible 06:57:46]
State Attorney (06:58:11):
[inaudible 06:58:05]
(06:58:11)
And beginning with the fractures of the ribs, what type of fractures were these?
Gregory Vincent (06:58:15):
So these fractures were displaced.
State Attorney (06:58:17):
What does that mean?
Gregory Vincent (06:58:18):
So fracture is any break in a bone. If the break occurs and the two opposing ends of the bone don't line up, then we consider that to be displaced. Sometimes you can have fractures that could also be all the way through, but the bones stay aligned. A displaced fracture is where those two pieces of bone after the fracture are no longer aligned. They're displaced from each other.
State Attorney (06:58:39):
Sorry, this is 55. Can we go with 54 again?
(06:58:47)
So can you point out to the jury the evidence of displaced fractures in this photo?
Gregory Vincent (06:58:53):
Yes. So here we're looking at the left side of her pleural cavity. It's on the right side of the photograph. But here, this part in the middle is the spinal column or the vertebral column, and this is that area where the ribs meet. You can see the dark areas, that's the bleeding or hemorrhage within the muscles in between each rib. And here you can see a displaced fracture here, here, and here. And you can see that because if you look at the rib above here, you can see that there's kind of a smooth pattern to the color, smooth and white. But you look at the one right below there and you come across, you see that there's a gap here where it's darker, and that is the fracture and the edges being displaced from each other.
State Attorney (06:59:39):
And you mentioned that you had to make incisions in the ribs. What was the purpose of those incisions?
Gregory Vincent (06:59:51):
So the ribs have a lot of tissue around them, kind of holding them there. They have muscles in between each rib. They're the muscles that help us breathe. You can feel the ribs and oftentimes you can feel fractures, but a procedure we will also do sometimes is we will actually cut through each of the muscles in between each ribs to kind of free them up, and that can sometimes exhibit fractures that we might not appreciate otherwise. It can also demonstrate the extent of a displaced fracture, and that's what we did in this case.
State Attorney (07:00:19):
And to the left of the spinal column on the top of that photograph, there's also some darker areas. Can you explain to the jury what that is?
Gregory Vincent (07:00:27):
Sure. So in the photograph, although it's on the left side of the photograph, that's actually her right pleural cavity. And this is hemorrhaging or bleeding in those areas around the ribs, the upper ribs here where they meet the vertebral column. So this is hemorrhaging on the right ribs.
State Attorney (07:00:47):
And does that area correspond with the patterned abrasion we saw on the exterior back of Sophie?
Gregory Vincent (07:00:52):
Yes. That would've been aligned with the upper part of that abrasion in the upper right back.
State Attorney (07:00:59):
How is a displaced fracture caused?
Gregory Vincent (07:01:03):
Again, fractures are blunt injuries of bone, and when the forces that are applying and causing that fracture are enough that not only they break, but they continue on there and cause the edges of the bone to become unaligned, they're then displaced.
State Attorney (07:01:30):
If we could go to 55.
(07:01:30)
So this is the photograph after you had taken those incisions. Can you explain to the jury what we're seeing here?
Gregory Vincent (07:01:35):
Sure. So just sort of taking a slightly different angle that we're looking at them from, you can see that once we've freed up here, you can more pronounce, see some of these displaced fractures and how the edges of the bone are not aligning here, as well as some of the hemorrhage. And coming down here, you can see more of a displaced. These are the more lateral ones that we saw in the lower eighth and ninth ribs.
State Attorney (07:02:01):
And did those displaced fractures of the ribs cause internal injuries as well?
Gregory Vincent (07:02:06):
In this case, yes.
State Attorney (07:02:08):
And what injuries were caused?
Gregory Vincent (07:02:10):
So she had bruising of her left lung along with lacerations of her left lung. Lacerations are a blunt injury that's caused by... Or, sorry, it's a blunt injury caused by impact of the blunt object, but what results in the tissue is crushing and tearing of the tissue. She had large lacerations of her left lung, both on the front and back of the lower lobe of the left lung. Those were, in this particular case, the rib fractures would've impacted the lungs, lacerated them, and then continued to kind of, with traction, tear it further and avulse the tissue apart or pull the tissue apart.
State Attorney (07:02:50):
You used the term avulse.
Gregory Vincent (07:02:53):
What does that mean? That is pulling and separating tissue away from where it's supposed to be attached.
State Attorney (07:02:58):
And did you cause a photograph to be taken of that injury to the lung?
Gregory Vincent (07:03:01):
Yes.
State Attorney (07:03:03):
I'm going to show you State's Exhibit 56. Do you recognize it?
Gregory Vincent (07:03:05):
Yes, I do.
State Attorney (07:03:14):
What do you recognize it to be?
Gregory Vincent (07:03:16):
This is a photograph of Sophie's left lung.
State Attorney (07:03:18):
Is that in the same or substantially the same condition as when you caused it to be taken?
Gregory Vincent (07:03:23):
Yes.
State Attorney (07:03:23):
And it's a fair and accurate representation of the injuries to the lungs?
Gregory Vincent (07:03:26):
Yes.
State Attorney (07:03:27):
Is it necessary for your testimony to display that?
Gregory Vincent (07:03:30):
Yes.
State Attorney (07:03:30):
Offer in full.
Speaker 21 (07:03:30):
No objections.
Judge (07:03:30):
Approach, please.
State Attorney (07:03:41):
Doctor, can you circle the area of the shearing lacerations?
Gregory Vincent (07:03:46):
Yes. So this area here, we're looking at the lower lobe of the left lung, and just for comparison, so the other areas up here are intact lung surface, although there is a lot of bruising and hemorrhage or bleeding, this area here is where the tissue is no longer intact with a shearing laceration or avulsion injury.
State Attorney (07:04:18):
You mentioned that there was bruising to the lungs. Can you show the jury what non-bruised lung tissue looks like compared to bruised?
Gregory Vincent (07:04:25):
Yes. So if you look on this particular photograph, if you look at the left hand of the photograph, this lighter pink area is an area of the upper lobe that is not bruised or contused, but if you look at the lower part of that same lobe where it's a much darker reddish purple, that is contusion there. Additionally, beneath this laceration on the base, there's additional contusion on the base of the lung.
State Attorney (07:04:52):
When those injuries occurred to Sophie's body, what was the next result?
Gregory Vincent (07:04:58):
I'm sorry, can you rephrase that?
State Attorney (07:04:59):
When those injuries occurred, that lacerating and shearing and avulsion of the lung tissue, what would be happening in Sophie's body?
Gregory Vincent (07:05:06):
Oh, okay. So our lungs obviously are the organs that put oxygen into our blood, so there's a lot of blood flow through the lungs. The lung is basically made up of a lot of tiny blood vessels. An injury like this, there's going to be a substantial bleeding from that lung because basically you've torn through the tissue there, you've now got vessels that are kind of wide open with nowhere to flow. The blood's going to flow out of there. Additionally, with the rib fractures that she has, there's going to be bleeding from the bone marrow there and also injuries of the vessels that run along. We have vessels that run along each rib and those are injured too, and there'll be bleeding from those as well.
State Attorney (07:05:46):
Where will that blood go?
Gregory Vincent (07:05:46):
That blood is going to go into the free space around the left lung, which we refer to as the left plural cavity or left plural space.
State Attorney (07:05:53):
When that fills up, what happens next?
Gregory Vincent (07:05:56):
If that fills up, it's going to be putting pressure on her lung, which is going to additionally make it more difficult for the lung to expand, for her to breathe and oxygenate. Additionally, with the rib fractures that she has, because she's got several ribs that are fractured in multiple places, it's going to be less effective in trying to breathe and expand her lungs. So all of those things are going to make it more and more difficult for her to breathe.
State Attorney (07:06:20):
And would those injuries affect Sophie's ability to talk?
Gregory Vincent (07:06:24):
Yes. She's not going to be getting oxygen to her brain as much as she needs. So as the oxygen levels and oxygen stores begin to go down, she's not able to replenish that. It's going to make her more sleepy, somnolent, maybe more difficult to talk. Additionally, with rib fractures like this and difficulty expanding and breathing, it's also going to make it difficult to kind of get the air that you need to talk as well because it's going to be difficult to take deep breaths.
State Attorney (07:06:51):
And can those shearing and avulse lung tissue be caused by regular breathing after a broken rib?
Gregory Vincent (07:06:59):
No.
State Attorney (07:06:59):
Why is that?
Gregory Vincent (07:07:03):
The extent to which these lacerations are, even if you had broken a rib and it poked your lung, just the amount of motion that happens when we normally breathe is not going to move that rib in that lung enough to cause a laceration this size.
State Attorney (07:07:19):
Would these injuries be painful?
Gregory Vincent (07:07:22):
I believe they could be, yes.
State Attorney (07:07:24):
And would you be able to render an opinion as to where they would land on the pain scale?
Gregory Vincent (07:07:31):
No.
State Attorney (07:07:32):
Would someone receiving this injury believe that they were fine?
Speaker 21 (07:07:37):
I'm going to object to that, Your Honor. Calls for speculation.
Judge (07:07:40):
Overruled.
Gregory Vincent (07:07:43):
Sorry, can you repeat the question?
State Attorney (07:07:44):
Would someone receiving this injury believe that they were fine at that time?
Gregory Vincent (07:07:49):
I can't speak to how a person perceives an injury.
State Attorney (07:07:54):
Are broken ribs generally painful?
Gregory Vincent (07:07:57):
In my experience, yes, but everybody experiences pain differently.
State Attorney (07:08:01):
Blood filling your pleural cavity, going to be something you're aware of?
Gregory Vincent (07:08:06):
I would think so because you'd be becoming progressively short of breath.
State Attorney (07:08:14):
Based upon a reasonable degree of medical certainty, do you have an opinion as to what type of injury caused the displaced fractures of Sophie's ribs and the shearing avulsion of her lung tissue?
Gregory Vincent (07:08:26):
Yes. What is that? It's a blunt force injury.
State Attorney (07:08:29):
What specific type of blunt force injury?
Gregory Vincent (07:08:32):
I think in this particular case, weighing in the fact that she's got rib fractures in multiple spots like she does, and the degree to which the lung is lacerated, I do think that pressure was applied from two different opposing surfaces to cause those fractures as well as how they are lacerating this lung. So I think that it is a crushing type mechanism that caused this injury.
State Attorney (07:08:57):
What is a crushing type mechanism?
Gregory Vincent (07:09:00):
So crushing is a type of blunt injury where you've got blunt force from two opposing sides, basically, on an object opposing each other and causing the injury.
State Attorney (07:09:13):
Can a fall alone cause a crushing injury?
Gregory Vincent (07:09:15):
No.
State Attorney (07:09:16):
Why not?
Gregory Vincent (07:09:17):
With falls, you're generally impacting one surface.
State Attorney (07:09:23):
I'm going to propose a hypothetical to you, Doctor. I want you to assume that a vehicle is traveling about 20 miles an hour. I want you to further assume that the passenger separates from that vehicle and falls three and a half feet to the road. To a reasonable degree of medical certainty, do you believe the impacts and rolling on the pavement would cause a crushing injury?
Gregory Vincent (07:09:44):
No, I do not.
State Attorney (07:09:44):
Why?
Gregory Vincent (07:09:46):
Because even impacting and rolling, each time you're only impacting one surface. There's not an opposing pressure coming from another surface at that point. So even if you impact the ground, which is of one flat surface and you're rolling, you're always only impacting one surface. You're never having that opposing force coming to cause the crush injury.
State Attorney (07:10:08):
To a reasonable degree of medical certainty, could impacts from a fall cause displaced fractures to the ribs?
Gregory Vincent (07:10:13):
Yes, they can.
State Attorney (07:10:15):
To a reasonable degree of medical certainty, could impact from a fall and roll cause displaced fractures to the ribs and the shearing avulsions of that lung tissue?
Gregory Vincent (07:10:23):
They could cause the displaced fractures, but I would not expect them to cause the shearing to this level.
State Attorney (07:10:27):
Why not?
Gregory Vincent (07:10:29):
Again, because even though if you're rolling, you're only impacting one surface at the time, and as you roll, the pressure is coming off of... It's not a constant pressure in that particular area because you're impacting and rolling. For this injury that we see here in the lung, you need to have a constant pressure applying that rib into there and that shearing force to avulse it like that.
State Attorney (07:10:53):
I want you to assume those same set of facts. Vehicle traveling about 20 miles an hour, separation of the passenger from the passenger side, fall of three and a half feet. Now I want you to assume that the back rear tire of that vehicle goes over that person to some degree. To a reasonable degree of medical certainty, could that cause a crushing injury?
Gregory Vincent (07:11:14):
Yes.
State Attorney (07:11:15):
Why?
Gregory Vincent (07:11:16):
Again, because crushing injuries are caused by blunt force coming from opposite sides. So if the person impacts the ground and then the wheel comes over them, that wheel is now pressing them into the ground. So you've got pressure coming from the ground upward of the body, pressure from the wheel going downward on the body, those are opposing forces which then will cause a crushing injury.
State Attorney (07:11:38):
And does the speed at which that vehicle is traveling in any way affect your determination of whether or not this is a crushing injury?
Gregory Vincent (07:11:45):
No.
State Attorney (07:11:46):
Can a crushing injury be caused by a fall alone?
Gregory Vincent (07:11:49):
No.
State Attorney (07:11:50):
Regardless of what speed that fall is at?
Gregory Vincent (07:11:53):
No.
State Attorney (07:11:56):
Now turning back to Sophie's case, do you believe to a reasonable degree of medical certainty that those injuries to Sophie's torso and lungs was caused by a fall from a vehicle alone?
Gregory Vincent (07:12:07):
No.
State Attorney (07:12:08):
Why not?
Gregory Vincent (07:12:09):
As I've already described, these are crushing injuries and there needs to be more than just a single force applying onto one part of the body or one surface. There needs to be an opposing force. So basically the body needs to be impacted by forces from two different sides at the same time to cause these injuries.
State Attorney (07:12:29):
Do you have a belief to a reasonable degree of medical certainty as to what caused Sophie's crushing injuries?
Gregory Vincent (07:12:35):
Yes.
State Attorney (07:12:36):
What is that opinion?
Gregory Vincent (07:12:38):
I do believe that she was run over by the wheel of the vehicle.
State Attorney (07:12:43):
And are those the injuries which caused Sophie's death?
Gregory Vincent (07:12:45):
Yes.
State Attorney (07:12:49):
Based upon the autopsy of Sophie, do you have an opinion to a reasonable degree of medical certainty regarding her cause of death?
Gregory Vincent (07:12:54):
Yes.
State Attorney (07:12:55):
What is that opinion?
Gregory Vincent (07:12:56):
Blunt impact injuries of the torso.
State Attorney (07:12:59):
Based upon the autopsy of Sophie, do you have an opinion to a reasonable degree of medical certainty regarding the manner of death?
Gregory Vincent (07:13:05):
Yes.
State Attorney (07:13:05):
What is your opinion?
Gregory Vincent (07:13:06):
Homicide.
State Attorney (07:13:09):
And how does the medical examiner's office define homicide?
Gregory Vincent (07:13:13):
So homicide is a public health classification and a medical diagnosis that means death at the hand of another person or due to the hostile or illegal acts of another person.
State Attorney (07:13:24):
Doctor, thank you.
Judge (07:13:25):
All right. Ladies and gentlemen, I always said I would get you out of here by 4:30. It's 4:40, so I appreciate staying a little longer today. We're going to break for today, okay, and for the weekend. We're going to come back. By a show of hands is 9:45 AM okay with everybody? Everybody is affirming yes. I appreciate that. So again, please, ladies and gentlemen, do not talk to anyone about the case nor let anyone talk to you about it. As I said, honor your oath. Likewise, don't seek any information outside the evidence being presented at trial. Don't visit any location that's been mentioned. Don't look anything up, do any research, any investigation on the internet. Remember that your obligation is to decide the case on the basis of the evidence that is presented in the courtroom and only on that evidence. Again, if there's any immediate coverage of this case, likewise, you're not to read it, watch it, or listen to it. Have a great weekend. I'll see you at 9:45 on Monday and leave your notebooks on the chairs, okay?
