Bessman Okafor resentencing trial: Opening statements begin for convicted killer

3:59AM Aug 26, 2024

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They told Me that Me, I you hear me? She can hear

you. What is all of this? So those are HDMI cables to connect the computer so that we can broadcast to the screen. That's the way that we connect now, instead of wirelessly, and the tape so that no one sure. Yeah, she says, I know she can't see I know

I've got my camera off. Can she see the courtroom?

She sees nothing, all right, then she may have wanted to call i

No, I know, good, I have One here. Hold on. You have one but the greatest,

the other option is put your Head back here and just work on it.

It is think So Paul, can you hear me?

Hey, Joyce, can

you hear me now?

Virtually

paralytics. Because we're talking about very specific.

Okay, use my Computer here to join the partnership.

Account, put your bin back here so it's not sitting right, because this row I don't plan for anyone, to be honest. Okay, I see no purpose for some CSOs shoes out of here in the other corner, one here and one over the CSO everyone over there, non

essential we can Put back here. Yeah, cool, yes, sir.

Yeah, we Were waiting

on closed. We were closed, yes, closed and delivered. Okay, they're downstairs. I called

them. They told me they were just waiting on the clothes, okay, well, we brought them down five minutes ago. They're the bag i

here, whatever's better.

You, okay, okay, okay.

up Here, sir, do something as good as that whole place across the street. It's not that far from tribute.

When we start

talking about the preliminary instruction, I'm looking at the standard instruction, 7.1 effort, which you can find on The Supreme Court for the

Supreme Court website to Hear,

I Tell them that

that CISO, whatever they need to do. So.

I So

i Thanks, you.

Time the other side to stay on. Oh, that's nice. Stay on.

All Right. Director and I need everybody to pipe down please,

because I've got business to do now calling 2012 CF, 14950, the State Florida, bridges, Bethmann, Charles ovina, Okafor, state of Florida, on the

the record should reflect the Council for each party is present, as is the defendant, as he has been throughout. I need to go over the preliminary instructions with you before the jury gets here, the standard preliminary instructions in a death penalty case are found at 7.10 of the Supreme Court jury instructions in criminal cases. And looking at those jury instructions, 1b does not apply because that is the same jury that rendered the guilty verdict. Everybody agree, we do your honor. All right, then, getting to the second page, the aggravators, I need the state to tell me which aggravators. You've noticed I have a copy

of the final instructions from the last page, last trial. Last page, last trial? Yes, obviously I can tell you what everybody is using. All right, thank you.

So one does not apply previous convicted of a felony and under sentence of imprisonment or community control or felony probation.

That's not listed, so that doesn't Well, I'm

sorry, one on the in the second year. Yes, that's correct. All right. And would it be easier for the easier for me to just read the aggravators from the last final penalty instructions, rather than marking through three pages on this statement where We have no objections. All right. And I think the definition of cold, calculated and premeditated, premeditated and heinous, atrocious and cool are the same here as in the standard correct it should be Yeshua.

All right to the next part. I had a question about,

I would assume that you want me to give the instruction about victim impact evidence not being an aggravating circumstance. All right,

and then next

Are you going to request that I read most of the final instructions before closing arguments, or after all of the closing arguments? State will request defense any objection to that right.

And is the defense requesting that I give the paragraphs regarding your clients or the paragraph regarding your client's right turn? Silence, yes, ma'am. All right,

then I think I know what I need to do here.

The preliminary instructions is there, are there any other matters that we need to take up? Do we have all our jurors by any chance? No judge. We're missing two Okay, so while we're waiting for the other jurors to arrive, is there anything that we need to take up? Yes, Your Honor. From the state's perspective, the first issue is Your Honor, I believe, sign an order, or agreed to sign an order regarding the continued unavailability of state witness necesarron, I think I did sign it. I believe you did. And actually, I know you did. You sent to us immediately. I informed defense counsel last week, and then in detail on Friday that Mr. Cicero has an act of violation probation war, which is why we vote is unavailable. His defense attorney reached out to an attorney in the ninth Judicial Circuit about him turning himself in. That has not happened, and at this point, the state of Florida, in this case does not know where he is, nor does anyone else, to my knowledge. But it's a different scenario than one positive to the court earlier, which is why I brought it to your attention. It's the state position that he is still on Bill of us. We have no way to bring him here, and it's my understanding that defense counsel shares that view, therefore allowing us to read his testimony, by the way, put that on the record, make sure he has to overthrow what we're aware all right? And if he does turn himself in between, now and then, we'll discuss it. Yes, that's our intention. Alright. Thank you. Anything else, Mr. Williams, Your Honor. Previously asked about virtual testimony. We do have a witness that's scheduled to testify tomorrow morning, at 10am who would appear via WebEx. We spoke with court administration a moment ago, and they indicated that everybody themselves available, but I can, I will remind your honor tomorrow morning about that. Thank you. The other issue is, you know, as far as our total presentation goes, our final witness, which is one of the surviving victims of the attempted murder,

is scheduled to be the Thursday morning, at 9am unavailable

person. Three days, which is the state board saying we anticipate finishing our presentation on Thursday morning after that witness goes. Are there any witnesses that we need to call out of order because they are unavailable next week? I knew there were a couple that needed to testify this week. You Garner's directing the question towards the defense. Yeah, I don't know if any of the state's witnesses are unavailable. Other than this, one issue we had was the availability only on the 26th 25th excuse before some of them. That was one. Yes, ma'am, we have just one issue with one of the civilian witnesses, which so with the state resting Thursday morning, we would expect to put on two, maybe three, yeah, at least three of our civilian witnesses on Thursday. We could've wrapped it all up on Friday, but Miss Lisa Tate, who was our first witness last time she's not available to Monday. So in her testimony, which is in some controversy at the moment, but doesn't have to be addressed by the court of this particular juncture her testimony needs to be on the record before our experts testify. So we would expect to put, you know, we might wrap up early Friday, and then put this kid on first day, Monday morning, and then start with expert testimony on Monday, we should be able to wrap. It all up by Wednesday at the latest, if not Tuesday by 5pm alright. And Miss Tate is not available earlier in the week. I mean, even if we call her out of order, no, ma'am, that no. If we if we called her earlier in the week, she would be in order what we're because chronologically, her testimony is the is the earliest and and we would call her first, but we're going to have to call her last, because of her schedule. She has doctor's appointments. She's elderly to attend the doctor's appointment, so she'll be called just chronologically out of order, but then our efforts are available next week. So, and I probably wasn't making myself clear, even if you needed to call her during the state's case, in chief, I would permit calling her out of order, and I would just give a special instruction to the jury about what was happening.

I understand Baton Rouge. Okay, so she's gonna, she's gonna be arriving over the weekend. All right, great. Thank you. Anything else that we need to take that just so I'm sorry. I filed a couple of motions yesterday. I apologize to the court for getting in late. Do you have hard copies by any chance? Because I won't be able to see them until the clerk actually accepts them. No, ma'am, I send them to your judicial okay, then she'll be able to send them to me. Yes, ma'am, and one of them doesn't have to be dealt with right now, because it has to do the testimony from there won't be presented until later. But the other one is more I think the court needs to address it. I've got them here is that the motion to preclude non statutory aggravators, no, ma'am, that's the one we don't have to deal with right at this moment. Well, the obvious answer to that, just from the title, is you don't get non statutory aggravators. But right, there's more nuance in it than that. Yes, ma'am, it just has to do with echo the testimony that came out from Dr Werner, who I would expect calling

for double by the state. So we're we're days away from that issue having to be addressed by the covid is very simple. The other one's a little bit more complicated. Our motion to admit mitigating additional, mitigating circumstantial evidence or mitigating circumstance evidence. And just to To paraphrase it the so it's been a point of contention during litigation of this case regarding what evidence was going to be permitted regarding Mr. Overs law. So the state had filed before I ever got on the case. The state had filed and the court had ruled on the first motion to preclude the defense from arguing lingering doubt, which you know, so we understand substantively that the issue of Mr. VORs conviction is irrefutable in this proceeding, and we don't intend to argue that, but his role in this conspiracy, essentially, is in dispute. And we argue that to the extent that judge what led us now, what does white men kind of split the baby in the last trial, where he allowed us to inquire about some of the identification issues, specifically having to do with Brianna Campbell's, He allowed us to argue some of that, but not all, and he did not allow us to present evidence or to talk to the jury about the fact that number of that's Having manual Wallace and Donald Cochrane the code funds the fact that they, number one, didn't face the death penalty. Number two in their case, cases, which were all tried separately. In their cases, the state requested and received special. Verdict forms, special verdict instructions wherein the both juries in Emanuel Wallace and Donnell Godfrey, both juries determined that both Emanuel Wallace and Donnell goffri actually possess and use the firearm in each of the four counts. One count first you premeditated, two counts of attempted murder and one count of Berkeley. When Mr. Okafor went to trial, no such instruction was was requested and none was given. So the jury in Mr. Okafor guilt face trial never made a determination that he possessed a firearm or use a firearm on the commission of any of the same fellows? I think that's relevant, because the fact that they weren't asked, you think is relevant because they weren't I mean, if they weren't asked, they obviously didn't answer precisely. So I think the jury needs to know that there is no there's no legal determination, right? Like, for example, if we were trying Mr. Wallace's penalty phase case again, right, we would be precluded from arguing that Mr. Wallace did not possess a firearm because the original jury found that he possessed the fire. The fact that he depends on why you were retrying it, I would think if, well, since he didn't face the death penalty, if you're retrying it, you're retrying his guilt, correct. I'm sorry. Let me clarify if mister Wallace, in this, in this hypothetical, if Mr. Wallace, at face the death penalty, been given a death sentence, was given a Hearst sentence, and we were doing it, we would not be allowed to argue that he would not possess a fire okay, because there's a specific finding. Well, that finding was not made with regard to Mr. Oakley, so we should not be precluded from arguing that he did not have a firearm and that the original jury never made a determination that he had one. They made a determination that he was guilty so and they know that we certainly can argue that he didn't possess the firearm. I mean, I think that's fair game. Yes, ma'am, depending upon half and we have but, but I think that the fact that they did not face the death penalty, the fact that they had mandatory life sentences. Well, as you can see, these two issues kind of intertwined right, the relative culpability issue, as well as the the concept of mitigation, the case law, I think, is clear that that the sentences of CO defendants who are All accused and guilty of the same event, the same case, and then they all had, you know, the allegation is that there were three people in this house, and Mr. Oakville was one of them. The other two have been a child. The that issue is mitigation for the jury, because the jury is looking, I mean, it's kind of the whole point of the whole Edmund Tyson, precisely, the whole point of that is for them to assess the relative culpability, and in assessing the relative culpability they are, they should be instructed what legal determinations have been made, right? So do we have a larger Who are we missing? All right,

okay, she's in the line to get in the building.

All right, thank you. I don't know if Mr. Williams is going to be prepared to argue this right now, okay, but I can argue whenever you are alright. Is this something that's going to come up in openings? Well, I mean, we're going to answer it right away, because the state's going to call, I expect the state's going to call detective mureshi, former detective marshy and Amanda Campos today in both of them have knowledge about these facts, alright, and let me, let me turn over to Miss Williams and get his if I, if I, if I may. Just in closing, Judge, the state has handed me a copy of Cruz versus state, which is 372-730-1237, and this is the case in which the Florida Supreme Court indicated they were no longer going to participate the exercise of determining relative culpability and right in determining whether a death sentence was constitutional right judge. And I think that that case is in opposite to. The determination that the court is making now we're not, we're not the court is not obviously in an appellate position, and we're not asking the court to make proportionality review. What we're asking the court is to permit the jury to make a fully informed decision about relative culpability and also a fully informed decision about all the mitigating factors. That's what we're talking about. We're not talking about whatever determination they make, I expect will be in that regard, in regard of mitigation and whatnot, will be, I believe, insulated from appellate review by virtue of the fact that Cruz has made that determination. In other words, Cruz doesn't stand for the proposition and juries are not allowed to make that determination. It stands for the deter. It stands for the proposition that the appellate courts are no longer going to perform that reviews. Now, I provide the Quorum of Cruz versus state, because all of the case law cited by the defense goes to proportionality questions and issues that were decided under proportionality review and not by a jury. So I just, I know, Your Honor knows that there's no other proportionality review, but it completely rebuts all of the cases that the defense cited where the law was different. What I'm more interested in, quite frankly, Mr. Williams, is relevance, because if it is relevant to a jury's determination here, then you start with the premise that it's admissible. So I need to address, need you to address the relevance. The question your honor asked got to the hard issue. The jury was never asked if Mr. Oak was gonna have a fire. What the defense really wants to do is admit the thought processes of the prosecutors who were involved. And the reason I know that is because I was involved, and there were reasons why firearm findings were submitted to be curious for Wallace and Godfrey and not submitted to Mr. Oak. Let's break this down into chunks, because the other two had jury findings that they possess the firearm. Do you believe that that is relevant and admissible? No, all right, tell me why, because I don't go to the any mitigating circumstance. How is it mitigating? How is the jury? I'm not aware of any law that says the jury should decide relative culpability of the defendant and vis a P the jury's findings of other codes, they can make the determination based on the evidence that year. But what what the defense is asking them to do is consider what another jury found in a different setting without knowing what evidence was presented or what arguments would make. Alright? I did need to catch, well, I'm sorry, I'm done. I was just answering on Josh. All right, any further response? Mr. Marrero, I mean, we're in a very unusual circumstance, right, where we have three co defendants, all of whom were trying separate. And so, you know, the ideal situation for this whole argument, right, would be if all three of them were tried together and the jury was able to assess the relative culpability together and all the evidence simultaneous. But that is not possible under the circumstance that we are we find ourselves, and that means that actually the jury, depending on what evidence you present, both sides present, can decide the relative culpability of all three co defendants. You just won't have them sitting there at the table with, well, they that's going to depend on how much the court lets me go into different issues here. I think that it cannot be disputed that the other co defendants had guns. That cannot be disputed whether, and I assume that you will be bringing that out in the testimony correct, but I think the jury should know that a factual determination was made. I have no intention of arguing the state's intent, and I understand that that is inappropriate. I have no idea what they were thinking when they decided not to submit that exact same special verdict form against Mr. Okafor. I can, I can venture a guess, but my guess is not relevant, and I won't be arguing any guesses to the jury. It's simply a fact that that determination was not made, and I don't think the court has to say anything more than that as regard to Mr. Okafor, the jury did not make a determination, or whatever language he used not make a determination that he, in fact, possessed the horn. All right, I'm going to deny your motion for now. I'm going to give it some more thought. But since I just received this motion less than 45 minutes ago, I'm going to give it a. A much more thorough read than I've been able to do while you've been arguing here. For now, I'm going to deny the motion, so don't mention it during opening statements. Okay, Judge now, if I may, I don't want to put too fine point on it, but in terms of I also argued in there, in terms of testimony from Brianna Campos regarding her identification, or lack thereof, of Mr. Okafor. Now it's restricted in the previous trial from fully exploring that with her, because she made a lot of statements to the police, and she gave a lengthy initial interview to the police from the hospital, where she goes into a lot of details. And Judge Blackman restricted us from from going into all of those details, like, for example, he did not allow us to elicit from from Miss Campos, and neither did the state elicit that. She said it didn't sound like the same people. I don't understand the context of that. You have to give me a little bit more. So when, when, when Miss Campos was taken to the hospital, they're having a good shot. Detective maresha and other detectives came and visited her in the hospital that very same morning, I believe it was within four hours of her being shot, and they asked her, or detective mare, she asked her, you're the victim of the house that was burglarized in May, right? Yes, and, and you know, you got to see these guys, or are they the same guys? And she said, No, they're not the same guys. They can look the same, they can sound the same. And did judge Buckman make that determination? Because you're not permitted to argue lingering doubt precisely. And so I, to be honest, Judge i i think that confuse the issues, because role is not the same as doubt about ultimate guilt, and so we you can certainly explore each individual's role that was in there that is absolutely permitted. Well, that's what I that's what I intend to do. I just wanted to let the court know that that you can explore lingering doubt. Sorry, it's a fine. It's a it's a very tight balancing act. You can't explore lingering doubt. You can explore each participant's role. Well, that's what I intended to judge. I mean, I can let you know that, you know in the first trial, that's what we are. We said, Look, I'm not here to tell the jury that he was not guilty, the conviction stands, and there's, it's not up for disputing the straw, but the role is, and that's what I was interested in exploring. You may, may end up, I mean, depending on how the court rules later, we may end up having to call states witnesses back on the stand in order to because I would otherwise explore those specific issues regarding the convictions, although I suppose we can work around for that. Yeah,

I don't. I

just want to read it again, I'm relatively confident in my ruling, but I want to give your motion that you spent the weekend writing a little bit more review. The state is clear on the court's ruling, defense should not ask any witness about any prior findings by any other jury. Yes, correct. Thank you.

Okay, do we have all our jurors now?

Okay, I just hear people going in and out that door, which is why I

the client

You. Thank you so much. That's All Your Honor.

All right, we have everyone ready to start. Mr. Self is in the bathroom 30 seconds. Thank you. You

Judge, I just wanted To let the court rule 49 over again. You know, we had just briefly discussed with the state that, just in order to save time, the state can move all over evidence into wherever point they choose go through any more credit than they decide to go through with their witnesses, since it's all been in evidence before, Perhaps I would expect this. Thank

you. If Mr. Selby, going to be giving the opening? I believe it's going to defer.

Oh, all right, applause,

Jerry engrin

So All right, you may be seated, ladies and gentlemen, I'm going to ask that you remember what number is on the front of your pad, because that will be your writing pad throughout these proceedings. Doesn't match your jury number, but it will be your pad to take notes. Before I get started with giving you some additional instructions, I have the questions that I have asked you before. Have you read or heard anything about this case while you've been away from us? If so, please raise your hand and we'll talk about it. I see none. Have you communicated with anyone about this case while you've been away from us? If so, please raise your hand. I see none. Has anyone tried to communicate with you about this case? If so, please raise your hand. I see none. Have you done any independent investigation about this case or this subject over the weekend, if so, please raise your hand. I see none. Thank you very much. Members of the jury, the defendant has been found guilty of first degree murder in a previous proceeding. The only issue before you is to determine the appropriate penalty. The penalty for this crime is either life in prison without the possibility of parole, or the death penalty before proceeding further. It will be helpful if you understand how this proceeding will be conducted. The attorneys will have an opportunity if they wish to make an opening statement. The opening statement gives the attorneys a chance to tell you what evidence they believe will be presented during the penalty phase of this trial. What the lawyers say during opening statements is not evidence, and you are not to consider it as such after the attorneys have had the opportunity to present their opening statements. The State and the defendant may present evidence. Witnesses may be called to testify under oath, if so, they will be examined and may be cross examined by the attorneys. Documents and other exhibits also may be produced as evidence, the evidence along with the evidence that you will hear, is presented to you to determine whether the state proved beyond a reasonable doubt the existence of the alleged aggravating circumstances. If so, you must weigh whether the proven aggravating factors are sufficient and whether the aggravating factors outweigh any mitigating circumstances the defendant proves by the greater weight of the evidence. Finally, you will decide whether the defendant should be sentenced to life in prison without the possibility of parole, or to death at the conclusion of the evidence and after argument of counsel, you will be instructed on the law that will guide your deliberations. An aggravating circumstance is the only circumstance recognized by Florida law that could result in a defendant receiving the death penalty. An aggravating factor increases the gravity of the crime or the harm to the victim beyond the harm inherent in every first degree murder, you must unanimously agree that an aggravating factor has been proven beyond a reasonable doubt before it may be considered by you in arriving at your sentencing decision. The aggravating factors alleged by the state in this case are one, bessman Okafor was previously convicted of a felony involving the use or threat of violence to a person. Two, the first degree murder was committed while the defendant was engaged or was an accomplice in the commission of or an attempt to commit or flight after committing or attempting to commit any burglary. Three, the first degree murder was committed for the purpose of avoiding or preventing a lawful arrest or affecting an escape from custody. Four, the first degree murder was committed to disrupt or hinder the lawful exercise of any governmental function or the enforcement of laws. Fifth, the first degree murder was especially heinous, atrocious or cruel. Heinous means extremely wicked or shockingly evil. Atrocious means outrageously wicked and vile. Cruel means designed to inflict a high degree of pain with utter indifference to or even enjoyment of the suffering of others. The kind of crime intended to be included as especially heinous, atrocious or cruel, is one accompanied by additional facts that show that the crime was conscious, consciousless or pitiless or was unnecessarily torturous to Alex zaldebar and Six the first degree murder was committed in a cold, calculated and premeditated manner, without any pretense of moral or legal justification. Cold means the murder was the product of calm and cool reflection. Calculated means having a careful plan or prearranged design to commit murder. A killing is premeditated. If it occurs after the defendant consciously decides to kill, the decision must be present in the mind at the time of the killing. The law does not fix the exact period of time that must pass between the formation of the premeditated intent to kill and the killing. The period of time must be long enough to allow reflection by the defendant. The premeditated intent to kill must be formed before the killing. However, in order for this aggravating factor to apply a heightened level of premeditation demonstrated by a substantial period of reflection is required a pretense of moral or legal justification, is any claim of justification or excuse that, Though insufficient to reduce the degree of murder nonetheless rebuts the otherwise cold, calculated or premeditated nature of the murder once the state has presented evidence of the existence of aggravating factors, victim impact evidence may be presented some. Evidence is only presented to demonstrate the victim's uniqueness as an individual and the loss to the community by the victim's death. However, victim impact evidence must not be considered by you as an aggravating factor,

a mitigating circumstance. Can be anything that might indicate the death penalty is not appropriate for the defendant. It is not limited to the fact surrounding the crime. In other words, a mitigating circumstance may include any aspect of the defendant's character, background or life, or any circumstance of the offense that may indicate the death penalty is not an appropriate sentence in this case, whether a mitigating circumstance has been proven is an individual judgment by each juror, a mitigating circumstance need not be proven beyond a reasonable doubt, but must be proven by the greater weight of the evidence. After the evidence has been presented, the court will give you instructions on the law. The attorneys will then have the opportunity to make their closing arguments. Following the closing arguments by the attorneys, the court will conclude with final instruction. After the final instructions are given, the alternate jurors will be released, and you will begin your deliberations. You should not form any definite or fixed opinions until you have heard all of the evidence, the arguments of the lawyers and my instructions on the law. Until that time, you should not discuss the case among yourselves. Your decision must be based solely on the evidence or lack of evidence, and the law. During the penalty phase, the court may take recesses, and you will be permitted to separate and go about your personal affairs. During these recesses, you must not discuss the case with anyone, nor permit anyone to say anything to you or in your presence about the case. If anyone attempts to say anything to you or in your presence about the case, tell them that you're on the jury trying the case and ask them to stop if they persist. Leave them at once and immediately report the matter to the court deputy who will advise me all cell phones, computers, tablets and other types of electronic devices must be turned off while you're in the courtroom. Turned off means that the phone or other electronic device is actually off and not in silent or vibrating mode. You may use these devices during recesses, but even then, you may not use your cell phone or electronic device to find out any information about the case or communicate with anyone about the case or the people involved in the case. Do not take photographs, video recordings or audio recordings of the proceedings or of your fellow jurors after each recess. Please double check to make sure your cell phone or electronic device is turned off at the end of the case. While you're deliberating, you must not communicate with anyone outside the jury room. You cannot have in the jury room any cell phones, computers or other electronic devices. If someone needs to contact you in an emergency, the court can receive messages and deliver them to you without delay. A contact phone number has already been written on the white board in the jury room. You probably saw it when you went in there today, the penalty phase must be tried by you only on the evidence presented in your presence and in the presence of the defendant, the attorneys and the judge jurors must not conduct any investigation of their own. This includes reading newspapers, watching television or using a computer, cell phone, the internet, any electronic device or any other means at all to get information related to this case or the people and places involved in the case. This applies whether you're in the courthouse, at home or anywhere else. You must not visit places mentioned or use the internet to look at maps or pictures to see any place discussed during the penalty phase, jurors must not have discussions of any sort with friends or family members about the case or the people and places involved. Do not let even the closest family members make comments to you or ask questions about the penalty phase and this age of electronic communication. I want to stress again, that just as you must not talk about this case face to face, you must not use an electronic device to talk about the case. You must not use phones, commute, computers or other electronic devices to communicate about this case. Do not send or accept any message. Is related to this case or your jury service, do not discuss this case or ask for advice by any means at all, including posting information on an internet website, chat room or blog. These rules are imposed because jurors must decide this case without distraction and only on the evidence presented in the courtroom. If you investigate research or make inquiries on your own, I have no way to make sure that the information you obtain is proper to the case. The parties, likewise have no opportunity to dispute or challenge the accuracy of what you find. This is contrary to our judicial system, which assures every party the right to ask questions about and challenge the evidence being considered against it, and to present argument with respect to that evidence, any independent investigation by a juror unfairly and improperly prevents the parties from having the opportunity that our judicial system promises. Any juror who violates these restrictions jeopardizes the fairness of these proceedings, and a mistrial could result that would require the entire process to start over. A mistrial is a tremendous expense and inconvenience to the parties, the court and the taxpayers. If you violate these rules, you may be held in contempt of court and face sanctions such as serving time in jail, paying a fine, or both. In every criminal proceeding, a defendant has the absolute right to remain silent from the exercise of the defendant's right to remain silent, a jury is not permitted to draw any inference regarding the existence of an aggravating factor or an appropriate sentence, and the fact that a defendant did not take the witness stand must Not influence your sentencing decision in any manner whatsoever. The attorneys are trained in the rules of evidence and trial procedure, and it is their duty to make all objections they feel are proper. When an objection is made, you should not speculate on the reason why it is made. Likewise, when an objection is sustained or upheld by me, you must not speculate on what might have occurred had the objection not been sustained, nor what a witness might have said, had he or she been permitted to answer. It may be necessary to confer with the attorneys out of your hearing to discuss matters that require consideration by me alone, it is impossible to predict when such a conference may be required or how long it will last. When such conferences occur, they will be conducted to consume as little of your valuable time as necessary. I can have the attorneys approach for just a moment. Please Do

a few last instructions for you, ladies and gentlemen, before I turn the floor over to the attorneys for opening statements. If you would like to take notes during this proceeding, you may do so on the other hand, of course, you're not required to take notes. If you do not want to, that will be left up to you individually. You have been provided with a notepad and pen for your use if you wish to take notes. Any notes that you take will be for your personal use. However, you should not take them with. You from the courtroom during recesses, the court deputy will take possession of your note, your notebooks, and will return them to you. When we reconvene, after you have completed your deliberations, the court deputy will deliver your notes to me, and they will be destroyed. No they will be destroyed by me, so no one will ever read your notes if you take notes, do not get so involved in note taking that you become distracted from the proceedings. Your notes should be used only as aids to your memory. Whether or not you take notes, you should rely on your memory of the evidence, and you should not be unduly influenced by the notes of other jurors. Notes are not entitled to any greater weight than each juror's memory of the evidence during the trial, you will be permitted to ask questions of witnesses, and in case you miss something, you don't understand something, or you need to clarify a pertinent issue, the rules of evidence apply regardless of whether a question is asked by the attorneys, by me or by you. Therefore there may be a legal reason why I will not ask your questions. If I do not ask your question, you must not hold that against any party. You must not discuss it with other jurors, and please do not take it personally. Subject to that understanding, this is how we will proceed. When the attorneys have finished asking their questions, please raise your hand to get my attention. I will give you time to write your question on a clean piece of paper and give it to the court deputy, it is important to know that if you have a question you believe should be asked of the witness, you must raise your hand and request that I ask the witness the question before the witness leaves the witness stand, you will not have an opportunity to ask the witness A question. Once the witness leaves the courtroom, I will then confer privately with the attorneys on your questions. If I ask your questions, the witness will answer and the attorneys may follow up if they choose the questioning of witness. The questioning of all witnesses is the primary responsibility of the attorneys in most circumstances, the attorneys will have asked all of the relevant questions. However, if if you have a question, you may follow this procedure. If your question is not asked, you must not discuss it with the other jurors or hold it against either party. You are certainly not obligated to ask any questions, but if it will help your understanding of the case, you may do so. And with that, I'm going to turn the floor over to the attorneys for opening statements if they wish to make them at this time state. Thank you.

Thank you.

Please report Council.

I Ladies and gentlemen, each of you spent a couple of days last week thinking about concepts and ideas, big ideas, and it is now time for you to confront the actual, very real, very violent murder that this defendant has monographer committed in September of 2012

this was Alex Salvador. Before the summer of 2012

the evidence will show that Alex Salvador was a teenage boy who was hard, working, intelligent, handsome,

and perhaps most of all kind.

This is Alex Salvador before the defendant quite literally kicked in the front door of his own home and executed him for the crime of being willing to testify in the trial incident. And this is Alex alvare the morning before he was set to testify on September 10 of 2012 This is Alex alvare After the defendant has a clot and multiple others to go into his home and commit cold blooded murder attempting to kill other witnesses at the same time, the evidence in this case will show not one we will prove beyond a reason about six aggravating factors that accompany this defendant's murder of Alex Alabama, you're going to hear that the defendant is a nine time convicted child, and that prior to going into a home at 503 Martino drive where Alex Alabama. Lived in September of 2012 before that ever happened, you've been convicted of one final felony already and committed several others. You're going to hear that three months before you murder. Alex zeldard, the defendant, and one other man went into that same home, brandished guns, stuck guns in Alex elder bars face and stole items from his home before tying them up and leaving them on the floor of their own residence. You're going

to hear that he was caught the same day, but unfortunately, was let out of jail.

And it quickly became clear, according to the evidence, what the evidence will show that bessman overfer knew that the witnesses, including Alan zalavar, were going to testify against him, and he knew he couldn't let that happen. So you're going to hear that he forged a conspiracy, an agreement with four other individuals, three of his friends and his pregnant girlfriend, to go to the house on the morning of September 10, one day before the testimony and the trial was set again, the evidence will show you that he organized transportation, that he conducted internet searches designed to try to conceal his identity during the murder, and that he told other people to ask other people to get items that would assist him in committing the murder. The evidence in this case will show that in the moments before he killed Alex Alba, he intentionally put fear into the young man's mind in the last moments that he would be on this earth. And ladies and gentlemen, you're going to hear that the reason this defendant committed this murder was to hinder the lawful exercise of perhaps our most important governmental function, a trial by jury. So we're going to spend a few minutes now, if you indulge me, talking about the specific evidence that shows that the murder of Alex salvar and will show is not just the murder of a young, 19 year old boy. There was an attack on our system of justice.

So in the summer of 2012

Alex saliva lived with Remington, Brianna Campos had 503 Barnabas driving. Or covid floor. And you're going to hear evidence that one of the ways to get to that residence off of white road or William was to come down sleepy Harbor Drive, and that a woman lived at butterfly Creek driving on the active rent. That's going to become important, because this act is right. I had a video camera set up, and on the morning of September 10, just after 5am that video camera, would you mind doing the lights? Please? Thank you. That video camera captured this right? Chevy Impala with three hubcaps traveling past per residence and towards 503 Bernadino drive at 507 21 seconds in the morning, you're going to hear evidence that that Chevrolet Apollo belong to the defendant's sister. And his brother. Now, September 10 was supposed to be a normal Monday for Alex ello. In fact, his mother chinoko was going to bring him breakfast before he went to school at Valencia. But what was not going to be a moment day was September 11, because that was the day that Alex, along with his roommates, Bryan Campos and some other members that were present living in the home at the time, were supposed to go to the Orange County courthouse to testify in the trial state of Florida versus best bud. What they were going to testify to was that on May 9 of 2012 the defendant and another man, Roland Bernard, went to the residence at 503 Bernadette, they knocked on the door. And you're going to hear this evidence from Brianna Campos, who survived the attempted murder. Ms Campos will tell you that best for building a firearm went into the living room that day, and then eventually, either Mr. Okafor or Mr. Bernard went and got Alex, who was asleep in the back bedroom, out of his bedroom, and drug him out to the living room. At gum, you'll hear that. Were there for money and drugs, which were not present, and that when they didn't get what they wanted, they tied up the residents, including Alex and Brianna, and they left after stealing several items of electronics. One of those items of electronics was an iPhone in 2012 one of the residents of the House knew that he had to find my iPhone app, so when police arrived, they looked at the app, they quickly followed the phone, and they found it in his possession, and he was arrested that same day, May 9 of 2012 you're going to hear that Marina Campos went and identified this no prefer because on May 9, he did not wear disguise, did not cover his face, so she identified him as one of the assailants in the house. And more importantly, you're going to hear that veranda, Campos and Alex salivar went down to the Orange County courthouse on August 29 of 2012 and gave what's called a deposition in their case, where the defense in that first trial had an opportunity to question them about what had happened on May 9. In other words, ladies and gentlemen, you're going to hear that they were cooperative, that they wanted the case prosecuted and were willing to come forward to do it. You're going to hear that the defendant knew he couldn't let that happen. And where's that evidence going to come from? It's going to come from at least two sources. The first source is a detective, Ed Michael. Ed Michael was a digital forensics analyst with the Orlando Police Department in 2012 and when a search warrant was executed on the house where best when Okafor lived, and Michael got his phone, and he went through his phone, and what he found were text messages where Mr. Okafor was asking people to bring him items, and was telling people that he knew that the witnesses were going to show up because his defense attorney told him, and he knew that he could not let them do that. Mr. Michael will testify hands to a lot of other things that Mr. Opera did with that film, including him as internet searches on how to remove gunshot residue. You're also going to know that best budokher knew he was in trouble and facing years of prison for that home invasion on May 9, because he told other people. One of the witnesses you're going to hear from is a man named Antoine McLaren, who was a friend of best budokers in the summer of 2012 Mr. McLaren will come in and reluctantly, I suspect, tell you that best no prefer, knew he had a problem, that he knew the witnesses were going to show up, and that eventually, best for told him, quote, I cannot let them make it to try and that that conversation, conversation happened Just days, if not hours, before he murdered

Alex so knowing he could not let the witnesses show up, the evidence will show us the plan. That's what he did. So did. He identified four people, three friends and his pregnant girlfriend, Sharia Gordon, to go with him on the morning of September 10 of 2012 he borrowed or procured, otherwise procured his sisters, white, Chevrolet Impala and his other sisters, white, Chevrolet Madeleine. He went and picked Miss Gordon, and then they traveled to meet two other individuals, Emmanuel Wallace and Donald Gotham. And you're going to know this, because Sharia Gordon's going to tell him,

as will the other man that they met. Nestesa

Cicerone testified in 2015 and his testimony will be read to you that on September 10 of 2012 when he was asleep, the defendant showed up, told him he needed help, gave him some car keys and told him to come with next to Cicero, will tell you that they go out to his car, a white four tourist belonging to his roommate, Tony Nelson, that they drive. And very soon after they start driving, they realize they need gas. So they they stop at a gas station, a marathon gas station, and that's when Nestle, Cicero, for the first time, sees Sharia board sitting in the car with Mr. Oak. Mr. Cicerone will tell you that they then go to an abandoned house off of white Road, where they meet Godfrey and Wallace. Mr.

Cicerone. One will then tell you that they

that they change phones, or that he is given a phone and Emmanuel Wallace, and that they all drive, and that he's asked to be a lookout, stay at a place away from the home to make sure the police don't arrive, and that ogre Wallace and Godfrey are in one car, Cicero's in a separate car, and Gordon is in a fourth vehicle, acting as a book ethic. Nessa Cicerone will tell you that eventually he parts in a park and waits, and the evidence you will be given will not require you to rely solely on that to Cicero, because Sharia Gordon is going to say the same thing. Now, a nurse, 10 years later, you'll hear that she had a plea and went to prison for a substantial number of years because of her involvement in this case, and Sharia Gordon's recitation of the events of the morning of September 10, 2012 will be nearly identical. But again, you won't have to rely upon their testimony, because there will be other independent evidence that corroborates I told you about a marathon gas station that's about for gas. You're going to see an evidence of surveillance video from that gas station that shows two vehicles, four tourists, driven by Mr. Cicerone and the Chevy Impala driven by Mr. Okafor pull into the gas station and a very pregnant Sharia Gordon get out and pay for gas. You're going to know that because the detectives, specifically Detective Michael moreschi, who was the lead detective in the homicide in this case, gathered up all of the cell phone records, cell phone records from Best Buford and the phone that Michael had, cell phone records from Sharia Gordon, from Emmanuel Wallace and from Daniel Godfrey. And you're going to hear evidence in the form of testimony from a man named Justin fleck. Justin fleck is a Special Agent with the FBI who, in 2012 was with the CASC team cellular analysis, and he looked at the cell phone records and cell phone towers and mapped them. And you're going to see that map that's going to show you that at the time of the murders are approximately 525. In the morning. The cell phones Godfrey, Gordon, Okafor and Wallace were all getting off of cell phone towers, right where Alex aldervar i

You're then going to hear the details about what happened in the morning on the morning of September 10 inside the house, and that will primarily come from Brianna and burrito Campos. Brianna Campos will come in and she'll testify that on that morning of September 10, she was asleep in her bedroom. She had gotten up a few minutes before her normal time with gone back to sleep when she hears noises, almost sounds like arguing. And Ms Campos will tell you that before she could even get her pants on and she gets out of bed, a man, what evidence will show is a defendant that's broken sticks a gun in her face and dragged her into the living room. Rena will tell you that as she's dragged into the living room, she sees on the floor, Alex Alba face down, being held as Campos will tell you that she's placed on the floor, and then quickly thereafter, hears her brother Remington being to the living room. And she'll tell you very candidly that she couldn't see the face of the man. Second gun in her face, because this time, he wore things to cover his face and items to cover his hands. Eventually, Remington Campos is brought into the living room, and the audience will show that he's lined up on the floor next to the other three Remington Campos will tell you that he too was asleep in his bedroom when he hears music coming from Alex's bedroom, which is not an atypical. And then all of a sudden, his door is kicked in and a man sticks a gun in his face. And this man was not wearing the disguise, and while Mr. Campos could not remember his face, the evidence will show that he remembered his hair, and then he had little twists in the hair as he stuck what he clearly identified as a block sitting on a red pistol in his face before striking him over the head with it and dragging him out into the living room.

And the evidence. Will show that in 2012

found out of God where He had those twists in his hair and matched the description of the man who pulled Remington Campos out of his room. Remington Campbell's will tell you that as he's being pulled out of his room, he sees a third man in the living room, excuse me, the kitchen, and this man has long dreads and is not only a handgun, but rather a long assault rifle.

And the evidence will show that that man was an annual loss.

So by now, ladies and gentlemen, you'll hear the testimony that all three of the teenagers, or just turned 2021, years old, individuals are on the floor, and Brianna candles will tell you in bone chilling detail what she hears around her. She starts to hear statements.

Is this the house that got robbed?

Where are the other two? And that second question is important, because the evidence will show that there were two people present for the May home invasion that were not in the house on the morning of September 10 of 2012 who's the naked guy? Similarly, Mr. Remington Campos, who was pulled out of his bed naked, was not

present in May 1 and then Miss Campos, to be echoed by Remington Campos, hears someone say someone is going to die here tonight.

The next thing brimington and Brianna here is the snapping of latex gloves. And the next thing Brianna Campos hears the fields was a gunshot, the first of four gunshots, one for her, two for Alex alabar and one for her brother, Remy.

Granny Campos will tell you that she feels pressure and blood dripping on the floor in front of her, and she plays dead. She survived, and eventually the evidence will show she wakes up and she calls off Morales. There is only silence. Amazingly, despite being shot in the back of the head, Remington Campos survived as well through what can only be described as a miracle.

But there was no miracle. Frowns.

So as Brianna Campos and Remington support each other suffering gunshot wounds in their head, the evidence will show they run out the back of their residence and eventually end up jumping a fence in their backyard and getting to the neighbor's house. Amy Scott and Miss Scott will testify and tell you what she saw when those two young people can get her front door that way.

But that won't be the only difference,

because, as I alluded to earlier, Mister Okafor, while waiting for his child, was on him confined. And you're going to hear witnesses who are going to detail how a home confinement monitor was on his ankle, and every time he left the house, it registered specific dates and times, and you're going to see the printout of his home confinement monitor to show he was gone for more than hour at the very time gone from his home at the very time that he was committing the

murder. About his alibi. Now, one of the concepts that we discussed during jury selection was the concept of mitigation and after we present aggregating factors and evidence of aggregating factors, I'm confident the defense will present evidence of mitigating circumstances. And specifically, you're going to hear a lot about you're going to hear that he suffered physical abuse that he was neglected by his mother, and at one point in this section, they're going to call family members, and more importantly, they're going to call a number of experts, up to five experts, that will talk to you about that abuse that we fully acknowledge occur. And the evidence will document his behavior all the way up until 18 years old. And then that evidence will stop. And that's where the experts will come in, the defense experts. What I ask you to listen for when the defense experts are. Three things at the tip. Number one, each of them, if not all of them, testify almost exclusively on behalf of the defense. What you will hear is that they were all well paid and testified regularly in capital basis for defending work. The second thing you'll hear from the defense experts is that their work was tightly controlled by the defense objection, argumentative. Specifically, what you'll hear is at least two of the experts were told not to ask him about the night of the murder or what happened that night, despite being asked to give a patient about his mental state at the time, the third thing that you will hear is that they don't even agree on what their diagnosis of the defendant is. Some of them will tell you that he has post traumatic stress disorder, and others will tell you that he has some sort of organic brain injury, and they will be in disagreement their own witnesses about that very

fact. The thing I would ask you to remember when you listen to the defense litigation in this case is two things, actually. Number one was it proved it is our burden to prove aggregating factors beyond individuals without defense. Burden to prove mitigating circumstances is a lower burden for them by referring away the evidence, but they still have to prove it to you. The second thing is, if it's proven, what does it mean? What does the things that happened in his childhood mean your analysis, I know you'll listen carefully to that evidence, to briefly sum up six aggravating factors we will prove to you over the course of little over three days of witnesses and testimony, we'll hear details of the prior home invasion, all the evidence that shows he was the mastermind of this murder that he committed on September 10. But there's one thing I haven't told you about, and that is the last moments that I was able to borrow because as he lay there we go, he shot Remington Campos, who ran campus his friends on this side, they're going to describe to you what they heard, what they felt, they experienced, and words that, frankly, my words, cannot Do justice. We ask that you listen to that testimony, hold us to our burden and that at the end of the case, we're confident that you will return the recommendation to this court that Mr. Overford be sent to the stiffest penalty available. Thank you. Thank you. Thank you. I would the defense like to make an opening at this

time, we'll deal with that just in a moment. Ladies and gentlemen, we've been in court since just before nine o'clock, so I'm going to give court personnel a 15 minute recess while you're in the jury room. Do not discuss the case among yourselves. Don't discuss it with anyone else. Do not do any independent research while you're away from us. Leave your pads and pens on the chairs. They will be there when you return this time, we'll take a 15 minutes

motion jury, applause,

okay. Before you leave, are there any witnesses in corporate? Your message, I have to cheer you up. All right, and if there are witnesses here, do not discuss the case with anyone except the attorneys while you're away from us. Thank you. 15 minutes applause.

It took The State restaurant.

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Monday, September 10, 2012 the time Oh, 524, I

Okay. Thank You. I coming Back To

today, Every

Judge So

Next table This

it, unless you're Tired of

sitting maybe this of

sitting, are we ready to resume the Council for each party? President has

right? Miss Williams, are you going to be using the video? I will not be the video And the audio. All Right? You

Gerry, Andrew,

You may be seated while we go through this process, you're going to find the longer and the week the next week that we go, the more difficult it is to sit and actively listen. Might not sound like a hard job, but it really is. If you find that you need to stand up in place and move around. I am perfectly mindful that All right, thank you, Stacy, you may call your first witness state calls Amy Scott. Amy

Scott. Do you saw me swear or friends to tell The truth about you? Some of you got i Morning, Ma'am, did you state your name and spell your last name? My name is Amy. Scott, S, C, O, T, T, thank you, Mr. Williams, you may miss Scott, what address Do you currently live at? 648, butterfly Creek, drive in Ocoee, Florida. And how long have you lived at that address? 26 almost 27 years. So would you live in a dead address back on September 10 of 2012 Yes, I was. And who lived with you at that time, my husband and my son? I

Are you familiar with a street named Bernardino drive in your community? Yes, I am specifically. Are you familiar with an address 503 Bernardino drive in your community? Yes. Is that in Orange County, Florida? Yes, where, in relation to your house is the 503 Bernadino drive

address directly behind.

If I were to show you a map of your community, could you show us your house and 503 Bernadino drive address? Yes. Jeremy, I approach the witness with composite Council's composite exhibit a it's two, I guess I'll call them aerial photographs. Could you look at each one and tell me if you recognize what's depicted in those images? Well, the first one here is Bernardino drive behind me, and then second one. Well, this right in front of it is our butterfly Creek. Yes, this is just a different view of it. Here, those aerial images seem to fairly and accurately depict your neighborhood as it's laid out, or as it was in September 2012 Yes. Or this time we asked to admit states as stage one. It will be admitted in stage one. Permission to publish days on once it's been worked on Cliff. You may. Thank you. All right, Mr. Scott, I'm going to put an exhibit on the screen so one can see it. Is that screen on? Yes, you see a white Yes, you should be able to see the to see what sees. It's going to get a little awkward, because I may have to have you turn around every element so

your address again, a 630 butterfly Creek, 648 excuse me, 648 so could you, well, I'm going to hand you this now. I'm going to hand you this later. Pointers. Got little green dot, right there. See if you can just kind of swivel and show us circle your house with that green dot, please. Alright? And then 503 Bernadino drive, okay,

thank you so much.

Was there any kind of barrier between your back, your backyard, and the backyard, 503 Bernadino drive, there is a fence, six foot high, wooden fence. And was that wooden fence in place back in September of 2012 Yes. Have you ever met prior to the day? We're here to talk about the individuals who lived at 503 Bernardino drive, I didn't know them personally or their names, but I did know that their dog jumped in our yard a lot, and so they would jump to get their dog, or come around to get their dog, a skate artist dog. Yes, I'd like to take you back now to the early morning hours of September 10, 2012, you remember something unusual happening that morning sometime before 6am Yes, can you tell us what you were doing that morning, when this thing that happened got your attention? I was in the kitchen and I was getting ready for work. Right your kitchen? Is it in the front of your house or the back of your house? It's on the west side of my house. So does it face butterfly Creek? No. Well, no butterfly creek here and Chicago Avenue. Really, there's a house in between us and Chicago Avenue. Yes, ma'am. So your indication getting ready for work? What was it that got your attention? Well, the light was on, so I couldn't see outside, but I heard a do because we have our trash cans are right outside the window, and I and I thought, Oh, that sounded weird, like an animal, maybe in the backyard. And then before I could even act or do anything, my front

door bell was ringing.

You heard the front doorbell ring. What did you do? So I went to look, and then I saw a girl with long black hair, with blood dripping all down and screaming that she had been shot, or they had been shot.

Where were you in your house when you saw the girl?

So I can't see the front door from my kitchen, so I had to go towards the dining room, and then I was looking, and that's when I saw, I guess it was in the dining room, looking at the front. There's a little panel. My door is here, and there's a little glass panel right here. So next to the door is a full glass panel that allows you to see out Yes, and that's where you saw, yes, sir. Alright,

you told us what she said. Did you recognize her in that moment? Alex, I didn't know who she was, but I did recognize her from jumping over the fence to get the dog. What

did you do when you saw the woman and heard her say, I screamed

and woke up my husband and son, who were in a dead sleep.

What'd your husband do when he came out? So he came and ran to the front door, and we have a dog, of course, and so he was trying to withhold the dog. Dog was barking, and my son woke up, and you know, they were going to go open the door, and I went back to the kitchen, because I went to get the phone, because we have an alarm system, so I was going to turn off the alarm system, and I grabbed the phone at the same time. So call 911

did you, in fact, call 911 Yes, sir,

did you at any point that morning go out on the front step or in front of your house and observe what was going on in front of your house? Well, I went to the front door with the phone after I turned off the alarm, and then they were saying, Oh, we have to transfer you, and don't and then I was trying to say what was happening. And then I remember saying, don't transfer me. And then I said, they've been shot. And then once the door was open and my husband was standing there with the dog, that's when I saw the man on the ground, right? You said you saw a man on the ground. Can you describe what you saw? Well, he was naked, young man. Oh no, maybe early young man, and he had been shot through the back of his back. He was bleeding. Now. Could you tell for sure in that moment where you were that he had been shot, or could you just see that he had an injury? I could see that he was just see that he had injury. I mean, I yeah, I guess I didn't know if he had been shot, but she had been shot and was bleeding, in a sense, you know, right? Was he wearing any clothes? No, he was naked. You

told us a moment ago that you that you called on behalf. I'm showing you this face Exhibit B. You

left. Recognize the writing on a disc? Yes. And do you recognize the writing because song like this after you listen to it, yes, I did. And does that disc contain the contents of your 911, call that one. Does the call accurately and fairly represent the audio call you had with 911? That one, yes,

it will be admitted in Stage Two. Our commissioner published you may i

Monday, September 10, 2012 the time oh, 524 the. Logic America, we have somebody that just came to our front door that been shot in the head, and Nathan and what's your address? 648, butterfly Creek. Drive on curly Florida. Okay, keep breathing. Yes. Okay. Let me get you to the fire department. We have police units on the way up. Him.

White road? Yes, okay, what's the phone number you're calling from? 78777290, okay, tell me exactly what happened. I'm here in my home, and somebody just came to my front door. So they've been shot and they need an ambulance or bleeding under my front porch. Okay. PD, are you responding? Yes. PD, is number. This

is the police department. We have the police on the way. Okay, an ambulance? Yes, ambulance is coming to hold one second you Thank

you. Mr. Scott, thank you. Cross examination, Mr. Self, thank you.

Good morning. Morning. Yes, you indicated that you were already awake at approximately 515 on the morning of September 10, yes, and you said you heard a noise near the garbage cans. Yes, and that's on the side of the side of your house, correct the west side, right facing Chicago. Yes. You then indicated that you heard, was it the doorbell ringing? Yes, I see there was a doorbell ringing, but I can't remember exactly, and you didn't know the name of the person who was ringing the doorbell. No, but you recognized them for being your back door. I recognized who it was, but I didn't know their names. And at that point in 2012 you'd lived in that house since when? 1997 so approximately 15 years. Yeah, and the people in the that were knocking and lived in the house behind you for how long? I think about three years. Was your dog barking that morning? Yes, when was your dog barking in relation to the doorbell ringing or to the noise from the garbage cans? The doorbell ringing so your dog didn't bark for the the garbage can. I don't remember. It happened very quickly, and you never heard any gunshots that morning. No, sir. Or never heard anything that even sounded like a gunshot. My house was closed up until then. Thank you. Any redirect, no, sir, but the people who came the door said they were shot, right, yes, yes, thank you. May this, would this be excused? Thank you, ma'am. You

are free to go state and they Call your next witness stay called Brianna campus. You

You saw

Could you tell me your name and spell your spell your name for the quote report? Please. Brianna Campos, b, r, I, E, N, N, A and. C, a. M POS, thank you. Ms, Williams van choir. Ms, Campos, are you currently

employed? I am, yes.

I work as a set designer, freelance in film and television. In what state do you currently reside, and Florida? Can you tell us a little bit about your educational background? I did my AA at Daytona State, and because of work, I never continued further than that. For my architectural degree. Did you get any other degrees or any other education beyond architecture, or aside from architecture? Oh, it was just a set design or art and design program that Valencia and UCF had. Ms

Campos. Do you have any brothers or sisters? I

have two brothers. Can you give us their names? Please, Remington and Brandon. Which one is older? Remington and how old is Remington? Back.

You just turned 35 I need

to take you now back to the summer of 2012 were you the victim of crimes on multiple dates that summer? Yes. What is your date of birth?

February 4, 1992 So how old were you in May of 2012

I believe I was 20 What

were you doing back in 2012 working, going to school, both, yes,

doing both, correct, right.

Where did you live back in May of 2012

I lived at 503, Bernardino drive.

And how did you come to live at that drive? When did you move into that residence? I've lived there with my parents since 2013 I believe or no, sorry. Think it was oh three is when they they purchased a house,

right? Were they? You said it was a house? Yes, it is. Were they living with you back in 2012

your parents? No, they were not. How many bedrooms and bathrooms in that house?

It's a four bedroom, two bathroom home.

When I approached the witness with

remarks, a diagram. Do you recognize it? I do. And what do you recognize it to be a floor plan drawn out of my home that I lived in. Is that an accurate floor plan as your residency? Fiber free as well? Yes,

it is.

This time. I'm not support to events. No, in seats, permission to publish states exhibit three once it's been marked on this campus. I'm going to put three up on the screen behind you. It's going to be a little awkward, because you're going to have to turn and try to remember to swivel back and talk to the

microphone. Okay, understood. I can see it right here. You can see it,

but they won't be able to see you. Mark, Oh, I see so this razor corner

that's Campos and ask you some questions about the diagram and the layout of your home, starting at the bottom. Show us where the front door of the residence was,

right here. This is the front entrances right here.

You said there were four bedrooms, but you wouldn't mind just walking us through each bedroom, and who lived in that bedroom back in May of 2012

this top right bedroom was mine that

would have been in the very back right of the residence. Correct right. Go ahead. Down this hallway is Brandon's bedroom past the bathroom, and who is Brandon, my younger brother. Across the other side of the house, through the kitchen, were two bedrooms. The smaller one was where Alex zeldivar was and just outside of that room is the master, where Remington stayed. Right? Could you walk us through the remaining places in the home? This was our like dining area outside the kitchen, like a breakfast nook. This was the the kitchen with a standing bar here, stove, refrigerator. This was a front family room. This was the main great room that we would stay and watch TV that was mounted here above the fireplace. We had a back area of couches and stuff, if you had a few too many people that they could still sit back there and enjoy the television. And just outside Alex's room was the garage that went to the driveway at the front of the home. So, if I heard you correctly, you identify the two brothers who lived in the house, and then a person named Alex zaldeva.

Is that right? That is

correct. Who was Alex zaldevar to you?

He was a friend. He was my younger brother's best friend. Your brother, younger brother, Brandon. Brandon, correct? When did Alex come to Liberty? I can't remember the exact year. I want to say a year before 2012 maybe a little bit before then, was, you know, what Alex was doing back in 2012 was he working or at school? Both he was working and he was also going to school. What about brimton was? What was he doing at that time? He

was working, no school. Did Remington have any children at the time? He did

at the time, he had a two year old son.

Were there occasions where the two year old would stay at your residence? Yes. Can you describe when that would occur and why it would occur? On the weekends he would have his son, and during the work week, it would be with a son's mother, and he would spend his evenings dinner at their other house, and then he would return home. So now I'd like to ask you first about the afternoon of May 9, 2012 remember that afternoon? I

do Where were you on the afternoon of May 9? 2012

I was at home, not at school, and I did not have work that day, when the incident that we're going to talk about happened that day. Where were you located within the home? I was located in the living room watching TV, and one of the side chairs Was anyone else present in the home on that afternoon? Yes, who else was home that afternoon, William Harrington was there, as well as my younger brother, Brandon, and also Alex Eldar, who is William Harrington. He is a friend of Brandon's, and they also went to school together. Do you know where Remington was on the afternoon of May 9, 2012

he had a full time job, so he was working,

and you said that Alex was home. Do you know where he was when you were in the living room?

I knew he was in his bedroom. Yeah.

Now, prior to the crime that we're here to talk about being committed, did you notice something unusual outside your residence on the street?

Yes. What

did you notice

while we were watching TV, the blinds are slightly opened, and it was causing a glare, so anytime there would be a dark scene in the Netflix show that we were watching, you could see right through the front windows that were open, and you could see if someone was walking their dog or cars going by. And we saw a certain vehicle go by, like two or three times, and it seemed like they might have been lost, or they were looking for a house to deliver a pizza. We get a lot of traffic because of the park at the end of the road, and sometimes people can't find it. And we, we noted that, did you, can you describe the vehicle that you saw go past a few times it, it looks like it was a dark purple or a bluish color. And I noticed on the side of it, it had, I want to describe it as almost like fins or like ribs in the body of the vehicle. Did there come a point where there was a knock on your front door? Yes, there was, you know, approximately how long it was after you had been seeing the vehicle go back and forth, maybe

10 minutes. So what happened after the knock on your

door? I looked over at Brandon and asked him if he was expecting anyone, and he said, No, are you? And I said, No. So I looked at him and said, Go, open the door. How old were Brandon at the time? Maybe the better question is, how far apart? Oh, we are a year apart, correct? So did Brandon door, the front door. He

did, yes. Did you watch him do that? No,

I was still facing the television. What's the next thing that you saw or heard?

I heard him open the door, and then I heard someone say, is Brianna home? And that's when I turned over and it's Brandon facing me with the door not all the way open, but he has a look on his face of kind of panic or fear, and then he just motioned with his arms, waving me over to the door, like, come here. And so I got up and I walked over, and as soon as the door, I peeked around to see who was there asking for me. And. That's when I heard, get the fuck back. Get the fuck back. And then me and Brandon both had to step back into the house, and two people pointing guns at our face, pushed us in the house and shut the door. Alright? So I want to make sure to understand the sequence. You're walking towards the door and you see two individuals. Is that right? It

wasn't until I was in the doorway tonight and

you said that both of these people had firearms, correct? Were you able to describe the firearms in any way? No, right? Did

they give you commands? Yes,

Get back. Get back, right? Did you go back in the house? Yes, we did. And then they proceeded to tell us to get down. Don't look, don't look, and lay face down. Where

was will at that point, will Harrington,

he was sitting on the love seat.

Did you see will Harrington's reaction to the two men? Were

they? Were they both men? Yes, they were both male. Can you describe them physically in

any way? Oh, they were tall of dark skin color. One had kind of short hair, the other one, I can't recall his hair. I believe he had braids or like corn rows. They were both in athletic wear, basketball shoes, basketball shorts, and just colored T shirts. Did they have anything disguising their faces? No, or, I should say, cover, no, they did not. So going back to will, you saw will, what? How did he react to the two men coming into living room? He was scared, so he didn't move upon the first one or two commands. He kind of sat there and to where they said, you know, get the fuck down and put the gun right up to his head. And then he laid down on the floor. Were you hearing demands at that point? No, I was just listening to what their orders were at that point, right? So Will was on the floor. Where was Brandon? Brandon was also on the floor with me. So you ended up on the floor as well. Yes, right. So it's the three of you at some point that you become aware that Alex came into

the room, yes, but it was quite some time. So when you first get on the floor, order on the floor, can you describe what happens in the coming minutes? Oh, the first thing that they asked was, Where are the drugs and where's the money? And we all just kind of fell silent. And then they said, Where's the drugs and where's the money? I'm not going to ask again, and then again, we didn't say anything. Me will and Brandon are laying with our faces side by side and kind of looking at each other, like, what? What's happening? They mentioned someone's name. I want to say it started with D like, Dustin. Where's Dustin? And there was no one named Dustin that lived in the house, or has ever lived in that house. I don't even have a friend named Dustin. And so we laid there, and then that's when what I found out his name to be was bessman. He picked me up, and then asked where my bedroom was, and I told him where it was. And then he pulled me into my bedroom and kept asking me, Where are the drugs, and where's the money? And at the time, I did housekeeping, and the only thing I had to offer him was, like $20 bills from tips that I get when I enter the room and pick them up after I do the cleanings. So I handed him that, and he was disappointed. Brought me back out into the living room. Asked repeatedly, more times, none of us said anything. And then I said, you're just going to be disappointed. We don't have anything. And so I heard him rummaging more through the house, came out with backpacks and a couple of our duffel bags, took out whatever contents were in it, and then continued to go through the house and just steal whatever electronics and fill the bags. So you told us that man who, later, who has came to know was bestman took you into your room. Is that right? That is correct. Do you see the man here in the courtroom here today that picked you up and carried you into your room on May 9 of 2012 Yes, I do. Please point to him and describe him. Oh, he's sitting in the center, and he's wearing a red tie with a white shirt. From So Ms Campos, you said, carried you out of your room. Can you describe that physically? How was it that you were moving from the floor of your living room into your room? He physically grabbed from behind me because I was laying face down under my armpits, and forced me to get to my feet. And then he kept one arm underneath my armpit, holding my bicep and held on to me the whole time while he was walking me into my room and asking me, did he have a firearm when he was doing this, he did, but it was not pointed at me. All right, so eventually you end up back in the Florida living room after he takes the money from the teams. Yes, correct. You've identified best. No prefer as a man who came into your house. Did he have any distinctive characteristics that you remember that day? Yes, I did. What were they? He had in his eyebrow, like he took razors and cut the hair to give little slash marks, and also the black T shirt he was wearing. Had a low cut V then V neck, and I was able to know a scar he had in the center of his chest. You described grounding and going through your property in the house, that's what you could hear. Is that right? That is correct? Yes. You told us earlier that eventually Alex Saldivar was moved into the living room, where in the sequence did that occur? So it occurred. While the rummaging was happened. They had already had the duffel bags and were starting to steal the Xbox, I think it was DVDs that we had laying around, the video games and certain controllers, laptops, cell phones. They patted us down. Took our keys, our money that we had in the wallets from William and Brandon. And then you could hear that they were going through the rest of the house searching. And this is when me, Brandon and Will are just, you know, still laying there waiting in in my head, I'm like, I'm hoping Alex heard everything that's happened and opened up a window and ran to get help. So I'm waiting at any time cops iron something that'll just scare them away on feet, and then that's when someone says, there's a JIT yak here. And I said, Oh, my heart sunk, because I knew Alex had been there the whole time, and had no idea was he brought into the living room. He was yes. Did you see which individual brought him?

I did not, no, I was told not to look up. At some point, did the men, the two armed assailants, including the defendant,

leave your residence? Yes, they did.

Did they take any steps to ensure that you could not follow them? Yes, they of course, remove all the cell phones from our pockets. They found house keys in Brandon's pocket, and they then took Xbox controllers, the corded ones, and used those. And also we had a laptop cord that was still left in the wall. They just took the laptop, they then took that and tied my feet with it. I'm assuming they were also more cords that was used on my brother and will. And there was also, like Halloween costume handcuffs and that was used on, I think it was Alex. Did they say anything to you? Say anything to you, or what observations did you make as they left after you were bound, they left the door open, and we laid there and waited, and I noted the keys that they took from Brandon, because that alarmed me. Of course, you're thinking they plan on coming back. And I peek under the sofa and I see their feet heading towards the door. I hear the key shingle, and I hear them going through the keys, and they found which key worked and made sure it opened and closed the dead bowl and the bottom handle lock that was on their way out, that was on the way out,

once they were out of the residence,

Alex was the one that got free first, so that's Why I believe he had the fake handcuffs on him, and then he started to proceed and undo all the the courts that were tying the rest of us up. Did the four of you contact law enforcement? Yes. And did law enforcement arrive at your residence? Yes, they did. Were you able to describe the assailants, including the defendant in your house? Yes. At some point, did you or someone in your group make a suggestion to law enforcement as to how they might be able to find the people who had just robbed your home? Yes,

William Harrington did. What did he say to law enforcement?

He mentioned his iPhone, three Gs was stolen, and he has five my iPhone. Did law enforcement have a way to track it using that app? Yes, there was a police officer that also has an iPhone, so he downloaded the app or used the app on his phone and just typed in Williams information, uh, I'm guessing iCloud or his apple info, and he was able to track that phone. Did you stay at the residence while law enforcement went to look for them? Yes, we did. Did you were you eventually notified that they had found that people? Had it been in your home? Yes, we could hear we have one of those big green electrical box on the side of the house by a telephone pole, which we had to sit on because they wouldn't let us back into the residence. And there were a few police officers with their walkie talkies on their shoulder, and we could hear all the chatter from the rest of the officers heading to the location that they found the phone. Once law enforcement located the two individuals were you eventually driven to where they the individuals, the robbers, were located. Yes, we were You were taken by law enforcement to that location. What were you asked to do?

I was asked for what they call a show up.

And was that essentially saying, hey, here are some people. Are these the people that rocking? Yes, correct. Were you able to identify the two men

at that time? Yes, I was,

was one of the investment over. Yes, did

police eventually recover the items, or most of the items that were taken from your home, from the team? Yes, they they had us come to the police station and verify the laptop by certain stickers, etc, damage our cell phones. Just did not recover, I believe, a watch and the house keys. Now you've already described going to the scene the other scene where the member called law enforcement. Did you further cooperate with law enforcement in attempting to hold Mr. Ogre for his co defend in that case responsible? Yes. You already statement. Yes. At some point, did you attend what's known as a deposition? Yes, I did. That's when you came down to the Orange County courthouse and were asked questions by his defense attorney. Is that right? Yes, that is right. That day, what do you recall the date of that deposition?

Sometime in August? Yes,

did the other victims of the home invasion, Brandon will and Alex, did they go and have their deposition taken? 12? Yes, they did. Is it a fair statement that as of August of 2012 was your intention to cooperate in the prosecution of the best notebook for the home invasion robbery in

May? Yes, I was, if you

know, do you know whether Alex Brandon Bill was going to testify?

Yes, I do know that they were going to testify. And how do you know that? Because the night before we were getting ready for trial. We were all hanging out and talking about how nervous we were, and also, we all saw each other waiting outside to do our own individual depositions. It was all on the same day. What was it that made me nervous about testifying, just sitting where I'm sitting right now in the front of a courtroom? I and Ms Campos, what was your understanding of where bestman oberfield was in the time leading up to the trial that was going with current sector

still in county jail? So

you thought it was in the Orange County Jail, correct? And what date was it your understanding? Or were you told that the trial was set to

September 11?

Now like to go to the early morning hours of September 10, the day before the homeland beating trial was supposed to happen. Did you sleep at your residence that night into the morning hours of the

tent. Yes, I did. Do you remember what time you went to sleep? Then it

was probably around two in the morning. I had friends over.

Do you know who else was staying in the house that night? Yes, who else was in the house that night? Alex Saldivar in Remington, my older brother. Now, you didn't mention Brandon. Where would Brandon? He stayed the night at William's house, because they go to school together and they carpool. Was it your practice back in September of 2012, wake

up early for a specific purpose? Yes.

And what was that purpose? And when did you wake up to fulfill

it? Usually just before 5am because 5am would be the time my boyfriend would be getting up to leave for work, and I remember waking up a little bit earlier. It was 427 in the morning. When I checked my phone, I went up and used the restroom and tried to keep myself awake so I wouldn't miss the phone call when you got up at 427 up at 427,

in the morning, did you notice anything unusual in your house? No, Were you successful in staying awake?

No, I was not

right. Go back to sleep. What was it that woke you up next? It's like loud banging. I could hear a rattling noise, and I realized it was in the hallway that mine and Brandon's room shares. We have pictures hanging, and they were rattling up against the wall. Could you using the diagram remind us where your room was, and talk about the hallway? What you just described, this would be my bedroom. This would be the hallway, and we had pictures hanging along this wall that shares the living room. This was where Brandon would be, but it was empty, and when I heard the loud banging, my door was just a little bit open, and I could hear like the rattling. At some point, did someone? Did you decide to get out of bed? Yes, I did. Why did you decide to get out of bed the loud banging noise? So in my head, I was thinking maybe Brandon came home and him and Remington are having an altercation fighting, and so I went to go possibly just break up their fight, or figure out why there's an argument at five something in the morning. Um,

did you decide to get dressed? Yes,

were you able to finish getting dressed? No, I was not. Can you describe the process by which you were getting dressed and what happened while that was going on? While I was in my room, my bed would be here. My closet has two bi fold doors that open accordion, and they're covered in glass. And I opened it, reached down to get pair of basketball shorts and threw on a t shirt. And when I threw on the t shirt, and I was grabbing the basketball shorts, my bedroom door was pushed completely open, and then with enough forest to wear, it swung and hit the wall, and I just stood there like, Okay, why would my brothers be aggressively coming into my room? And then I froze and peeked around the accordion close the door to see what was going on with my bedroom door. And that's when I saw a person wearing something covering their face, where you can only see this much, and something loose hanging around their neck, and the gun was at me, and it said, shut the fuck up. Shut the fuck up. And I just did this. I didn't even have time to scream or shriek or do anything. I just put my hands up. Told me, Don't look. Don't look. So I put my head down, and when he had his gun, he was either wearing a really, really loose long sleeve black shirt, or he had something wrapped, definitely of cotton material of some sort, in his hand. And you could only see a little bit of the barrel of a gun sticking out. And then he grabbed me under my armpit, and then I was dragged out because I was with my feet, my heels dragging, trying to finish putting on my basketball shorts, so I wasn't going to be in my undies. You said that the individual had something covering the face. Were you able to determine at that moment if it was a man or a woman? I want to say male, just because of the body, the build, but I couldn't tell. Now, were you able to see the hair on that individual? Yes, you could see a slight hairline. Describe the hairline that you saw. It's not quite a fade. It didn't look like it just came from the barber, but it was a low cut hairline with a solid, straight line going across, and the barrel of the gun, was it a handgun or a rifle?

It was a handgun.

So now you're being dragged out down that hallway that you showed us. Is that right? That is correct. Could you show us the path of travel that you were dragged and where you ended up? I was dragged out of this door, down this hallway, and here, it's hard to tell, but it is just a cased opening that comes into this living room. Is that where you were taken into the living room? That

is correct?

What if any observations were you able to make as you were being dragged into the window, I immediately saw Alex aldovar already laying down on the ground. Can you describe how he was positioned on the ground? He was laying face down, with his ankles crossed and his hands behind his back, similar to how we laid the during the first home invasion. Was he clothed? I don't know if he was wearing a t shirt, I know he was in a pair of shorts. Once you got to the

living room, were you given

just to not move and don't look as you were being always? Was the house dark? Yes, yes. No lights on when

you were being drug in and you saw Alex? Did you see any other assailants at that moment? I knew that there was someone in there because there was a individual that was making sure Alex would not move. So where were you placed when she got into the weather, I would have been placed directly in front of Alex. My head would have been here with my feet facing the hallway that I exited so you were head to head, that is correct, right? What happened when you got placed on the floor? I heard once again, is this the house that was robbed before? And I didn't say anything, and I was like, Okay, this is certainly not a question that I'm comfortable with hearing, because that means they know something, whether it was on the news, they know something and they know us. And that's when the thought of those house keys came into my head again. So I continued to lay there, and myself and Alex, we never said anything. And then I started to hear a noise from the backside of the house, and I knew it was Remington that was now being drug out. Did you ever were you ever able to look up to see Remington being drug out just the feet where I could tilt my head so I knew I saw his feet when he came in, and then also when they placed him on the ground. Where was he positioned in the late. To you and Alex. I believe he was next to Alex. I just don't recall if it was this side or this side of Alex, so again, his head

would have been facing, that is correct. Yes. Did you see anyone with he was brought

up. I just knew that there was a person with him, because there were two people that were originally in the living room, and I knew that there was only one left that was guarding me, and Alex. Was anyone giving Remington orders that you could No, I couldn't hear I just heard ruckus. So at this point the three of you, Remington, Alex, are on the floor. Is that right? Yes, you're face down, correct. You mentioned a moment ago statement that you were one of the sailors made. Did you hear any other statements that morning while you were on the Florida Oh, they asked if there was drugs and money again, and nobody said anything. And after them repeatedly asking, I said, you're just going to be disappointed. Take the electronics and just leave again.

Did you hear them ask

any other questions? I think it was just repeated drugs and the money. And then when I made the comment, you know you're going to be disappointed, take the stuff and leave. That's when someone that was in the living room said, Well, it looks like someone's going to die.

Did they ever require about anybody who was not there?

Yes. They asked, Where are the other two and did they ever ask about your brother?

Yes. They asked, Who's the naked guy? Did you say anything to the assailants other than you're going

to be disappointed when they asked about the other two. I told them that they weren't there, and they said, where are they? And I said, they have school. They're not going to be here tonight. And he said, well, we'll just wait, and I just stayed silent. Are they really going to wait here until they get out of school? And I think that was the end of the conversation. Then that's when they asked who the naked guy was. And I told them it was my older brother. And then it was more silence. Were you able to tell if it was more than one voice asking these questions, or if it was one voice? No, I don't know. Did you ever hear any rummaging throughout the house once the three of you were on the floor? Yes, it sounded like somebody was breaking stuff. And similar to the first time that the house was broken into, ripping open drawers and like they were stealing stuff, and I heard more loud banging, like they were going through the house, but also not touching them because of maybe forensics, like the first time they they left fingerprints everywhere they were kicking through everything in The house, all the doors. Did there come a point where you heard after the rummaging, where you heard a different, distinct sound? Yes, was that after the rummaging, after the rummaging, and after the comment? No, it looks like someone's going to die tonight. I heard feet walk around me, and then I heard the sound distinctly of a snap, like latex gloves being put on. And I said, Okay, now they're putting on gloves. That's when I cross my ankles and my wrists, thinking, this is when they're going to grab the cords and tie us up again to leave. Do you know, was it one set of gloves, multiple sets? Or can you tell there were two sets of gloves? Because the first snap that was next to me when I crossed my feet and my ankles, and then someone said, let me get some of those. And then I heard feet walk around the love seat. The exchange must so happened of getting a pair of gloves, and then you heard the snap of the gloves again. What's the next thing that

happened after you heard the snapping of the

gloves. I laid there, and then all of a sudden, I heard a loud bang. I felt pressure in the left side of my head and just loud ringing. And in my mind, I said, Oh, my God, he was probably trying to scare us and accidentally shot me in the head. So my first thought was, okay, they're gonna leave. They're gonna run. They just fucked up. And then as the ringing subsided, hearing started to come back, and I just heard the sound of my blood dripping and hitting the wood floor. And I said, Okay, I've definitely been shot. I'm wiggling my fingers just to try and keep from passing out. So I'm like, if I pass out, it might die or bleed out. And then that's when I heard another gunshot happen, and it then hit me. I said, okay, they're they're actually going to shoot all of us. And then I heard a third shot go off,

and then I heard Go ahead. Sorry. It's okay.

You were shot the first time. I was

yes, and then you heard two additional shots. Yes, yes, I did. After my ringing cleared out, I heard two more shots. What happened after the third shot? Then I heard someone make a comment, did you miss and I heard feet walk around. And that's when I proceeded to play dead, and I laid there. I held my breath with what felt like five minutes. Why were we doing that? Because I thought they were going to check me and hit me again. Give me a double tap. Could you tell where your head you were shot? Yes, it was the left side of my head. On the side, it felt like there was a softball underneath my scalp. You said. You held your breath for what felt like a long time, what happened after you stopped? I then looked to the left and saw that the door was open, because I could see the streetlights still on. So I said, okay, and I didn't know if they had actually left or if they were just going through the rest of the house. And then I popped my head up and I looked at Alex, and I could see blood all over the floor, and I put my hand on his head to kind of nudge him, like, is he still there? And I said, Alex, and he didn't move. He was lifeless. And then as I'm doing that, and called out, Alex, I looked up and said, Remy, Remy. And then he popped up and looked at me, and he's like, they missed you too. I looked at him, and I said, Remington, we have to run. I have to get my phone and we have to run. Where did you go? I went to my bedroom to look for my phone. Was

represented with you when you

went to the bedroom. No, he was still there on the ground. He was having a hard time getting up. Why did you go to your bedroom? I needed to get my cell phone. Were you able to find your phone? No, I would typically sleep with it in the bed to wait for my boyfriend's phone call in the morning. And I saw my bedroom. The futon was my bed. It was completely flipped over, and everything was a mess. There was no time to even try and search. So what did you do when you couldn't find your phone? I ran back to out my bedroom, down the hallway into the living room, where Alex was still laying there and Remington was having a hard time getting up. Oh, I helped him under his arm to get his feet going. I said, we have to run. I checked my bedroom door, but there is so much stuff like I didn't even try and going out that door. So we went out on that left side of the fireplace, I believe, and ran out that door, through the screen porch and out by the pool deck to get to the back fence. I didn't know if they were in the house or if they were still in the driveway, if they were going to drive by, or if they were standing out on foot. I didn't I did not want to be seen on the outside of my house, because they would know we weren't dead. Were you still waiting? Yes. Were you able to get Remington into the backyard? Yeah, I helped him run. Once he got moving, he was okay. We got to the back fence. He he couldn't do it, so I had to stand behind him and push him up by his butt, and the neighbor that lived behind us, her yard goes down in the slope. So luckily, when I got him over and he dropped and hit, he was able to just kind of tuck and roll and get back up to his feet, so I could get back underneath him and help him get over the next fence. Where did you go once you got into the neighborhood backyard? We jumped the side of her house to the front yard, over the last fence, and ran to her front door. Was it ready to be able to make it to her front door? Yeah, as soon as he got to that front door, he immediately sat down. And

what did you do when you got to the front door's

house? I think I banged on the door. I don't know if I did the doorbell, but I could see there is a kitchen light on. They have a sideway on the side of their front door. And when I saw someone, I just said, we've been shot. Help. We've been shot. Did the neighbor eventually come out of the residence? Yeah, I saw her look at the side light and see me, and then she disappeared. And I was like, we just, I just scared her away. I need help. But she was actually going to get towels, and then her husband came out, and he had this, he had their house phone, and he opened up the front door to help us. Did emergency medical Cort, yes, we were Yes, 24 hours. And did you have any long term effects from that PTSD, but there were some short term effects. I thought maybe I my head was injured because of the shot, but I was told by the doctors, did you have short term memory loss? I did, yes, any long term effects that still involve you too. No questions. Thank you. To. First. Thank

you, cross examination, I would just like tissues,

because that great. Thank

you, yeah, thank you. Miss Campbell is now I want to talk to you about the home evasion robbery, the first one. Okay, now, when bessmanographer came to your front door, he knew a lot about you, right? He definitely knew my name, but he pronounced it incorrectly, right? He actually knew your first name, last name, right? I don't know. I just know he knew my first name. Do you recall talking to Detective more in the hospital when you went to the hospital? Vaguely, yes, yes, you were interviewed and you was recorded, yeah, I think I was still in the emergency room. I don't know if it was before or after, I was the staples or not. Okay, you remember talking to Detective mareshi about things that were said to you by bessmann ooper when he came to your house in May about the drugs and the money. Yeah, yes. So do you remember telling detective correction that he knew Mr. Oak for new first and last name? No, I don't. Okay. If I showed you something, would

it help to refresh your record? Yes, yes, it would

show you

may I personally I'm

showing you the transcript of the state and I put, I just penciled a little because it's kind of a long paragraph. Okay, I pencil the little arrow here, just for the section, if you could read that from there down to yourself, more or less you,

you Yes, so do you recall getting That statement or issue? No, I do not. Statement. Refresh your recollection about it. No, I don't. I don't remember any of that. I recognize some of the details in there, referring to estimates mother that her with her. I'll ask you questions and answer them so you don't remember telling detective Mauricio that you don't remember him telling him that. Okay, do. While they were talking to you, the two individuals there, you got to hear their voices. Correct

during the shooting, no in the first

I'm still talking, okay, still making Yes, I did hear their voices. Okay. Now let's talk about the September shooting. Now, the people who came in to that house you, you stated that there were two men who came into the house, correct? Yes, and it is correct, isn't it, that as soon as they came in, they asked you, was this the house that was robbed not too long ago. They did ask if it was the same house that was robbed now, when they came in, they they never came in with keys, right? You talked about the house keys. I don't know. You never saw any house keys during the shooting. No, I wouldn't know. Never heard anyone attending to open the door with trees, no, I was asleep until I heard them already in the house. That's when I awoke. Okay. And right after that, they started asking for where? Asking, Where are the drugs? Yes.

And then right after the first man got you out of your room, who you described. That's when you started hearing them breaking stuff, knocking stuff over, flipping it, asking if there were drugs in the house. Is that correct? The breaking of things was when all three of us were on the floor. Yes, that is correct. Okay. Now, when you were asked by those individuals if there were drugs, do you recall you told them that they were going to be disappointed again, like the first guy, right? That is correct, because it had been about a year since you had built anything up,

not since high school, correct? Okay,

then the robbers, the people who came into your house in September asked you if the other two kids were there during the robbery, had been there during the robbery, were home, right? They asked about the other two individuals. That is correct. Now, those, those same people, never asked you, or never referred to you by your name. No, they did not, and they never referred to the other kids who they asked him about. They never referred to them by their names, either. No. Now after all the the breaking stuff and kicking stuff and knocking stuff over, that's when the gloves were put on by the individuals that you heard, right? That you heard? Let me ask you, when you heard sounds that sounded like gloves being put on? Correct? Yes. Now the when you described the individual who came and took you out of your bedroom. You stated that you could partially see his hairline. That is correct, and he was really tall, lanky in his clothing. Had a long sleeve t shirt that had it was hanging off his body as if he had no mask.

Yes, correct. Um,

looked all limbs like long arms and long legs. Yeah, he He looked very loose because of his long, baggy clothing that he was wearing. Yes, okay. Now the voices that you heard in the second the second evening, the night of the shooting in September, those voices did not match up with the voices that you had heard

in Maine, correct? I wouldn't remember. You

remember telling detective maraschi that they did not match up. No, the Do you recall telling the detective that the gentleman who wrote the first time were a lot bigger. I

do vaguely remember that, yes, correct.

There Was You stated on direct examination that there was one individual who stayed with you in the living room and one individual who had left the living room and got, I believe you said, Remington, out of his room. Correct. That is correct. And that was the person who asked you,

where were the drugs? I don't know which one asked it. It was whoever brought me out. Whoever brought you out is the person that asked him, Where were the drugs correct, and that same person is the person that you told that they would be disappointed, like the first guy Correct.

That is correct. A long time

since you had done drugs correct, and. After you said, that is when this person chuckled and said, Well, it looks like one of y'all is going to die tonight, or looks like one of y'all is going to get shot. Is that correct? Yes.

Now you stated on on direct that I you believe that when the people were in the rooms, knocking things over and making a general ruckus, that they were not touching them, it sounded like when the loud banging noises when they were going room to room, it sounded like they didn't want to touch the doors. They were kicking them open and then breaking everything that was in the rooms. You couldn't see what anybody was doing, correct? No, that is correct. And whatever they were doing they were not wearing gloves at the time, correct?

I don't think so. No,

that's all I have at this time. Thank you. Any redirects, so I'm clear, when the defendant in your home in May 9, on May 9 of 2012 there were four of you present, right? That is correct. And on the night that he murdered Alex ellivar, there were three of the president.

That is correct. The question was,

you heard asked was, where are the other two? That is correct? So that would have been five. That's after they asked, Who's the naked guy? And I had told them it's my older brother. So whoever was asking that question specifically recognized that your brother had not been there before. That

is correct. That's

all. Thank you. Thank you. May this witness be excused. She is excused. Yes. Thank

you. I can see the attorney, Please. Your best shot.

Please, you

ladies and gentlemen, the state has won very brief witness before lunch, and then we'll get last

grade. You may call your state called Daniel Schiller, the

Thank you. I

Sir, could you state your name and spell your left hand to the court report? Please. Officer Daniel Schilling, S, C, H, I, L, L, I N, G, thank you. Where are you currently employed, sir, the ACOE Police Department. How long have you been since June 1, 2009 how were you employed, or in what role were you employed at the Ocoee Police Department, back on September 10, I was a patrol officer assigned to night shift, when did the night shift start? 6pm to 6am as a patrol officer, did you wear a full police uniform like the one you have on here today? Yes, and specifically back on September 10. The morning of September 10. Did you drive a marked patrol car? I did lights on top and city on the side. Yes, sir. I want to take you back to that morning of September 10. Do you get a call around 5:24am regarding a shooting that occurred in the city of Oakland. Yes. And did you respond to 648, butterfly Creek drive within the city of Ocoee, and got that call. I did is that Orange County, Florida? Yes, sir. Where were you physically located when you got the. Phone call or dispatch to them. I was sitting at the intersection of Blueford Avenue and old Winter Garden Road, pretty much right across the street from the echoey Police Department. And can you tell the members of the jury approximately how far it was from where you were sitting to the location at 6.8 butterfly Creek? I It's about a 92nd to two minute drive, going lights and sirens, throwing lights and sirens means, tell me, sirens run. Sirens are on, lights are on top, and you're going as fast as you can, respecting the public and safety. Is that fair? Correct? Is that what you did when you got the call here, lights and silence, yes, sir. Are you familiar with the area around a city Harbor, drive butterfly Creek from your time as Harvard police officer? Yes, sir. Permission to publish basically one so

it's gonna appear on the screen in front you.

So when you were green button right here, I see a rural Orlando Avenue, and remember, you're going to have to speed into the microphone pivot. So it's going to be you come in on Orlando Avenue, or a different direction from, which direction I came from, the West, driving east. So the map, as it set up, is that fair West is left, just like it would be. North is at the top, correct right. Did you turn on sleepy Harbor Drive? I did now at the very south end of sleepy Harbor, where it meets Jackson, there's a open area at the T junction. Yes, sir, that area right there, back in September of 2012 what was at that location? It's an open area. It's, should, should, it is, and it should have been, back then, basketball courts. So there's like a public park type area, correct? Okay, so did you? You would have been going southbound sleepy harbor and taking a left on Jackson? Is that right? Yes, right. Were you the first law enforcement officer to arrive at 648 butterfly Creek? Yes. Can you tell the members of the jury what you observed as you approached in your patrol car? When I got there, I exited my patrol vehicle, walked up to the front door, and I the first thing that really caught my eye was there was a male sitting just outside the front door, on the front entryway that was covered in blood. And there was, was he wearing any clothes? He either had underwear on or was naked, but I mean, no shirt or anything like that. And what struck me was that he was covering blood. Did you see anybody else at the front door who had blood on him? Not at first, but just a little later, I realized that the female that was with him, but walking up and walking that she had blood from her coming from her head as well. Did you eventually put your flashlight on her? Yes, to get a better look when I realized she had also been shot. Did you have, without saying what they said to you? Did you have a brief opportunity to interact with both the mail and the email? Yes, very brief, yes, responsible for a better question, were you present when emergency medical was now arrived? Yes. And were those two, the male and the female with blood on their heads? Were they transported for emergency medical treatment? Yes. Did you ever go anywhere other than 648, butterfly Creek, drive that morning. No, that's all I have. Thank you, sir. Cross examination, just one question. Good morning. Officer, good morning. So as you sit here today, your testimony of the jury is that none of the witnesses ever told you anything about the details of the crime, gave any description of the people, the number of the people involved. Is that correct? That's correct. That's all I have any redirect. May this witness be excused? Thank you. Thank you, ladies and gentlemen, I'm going to give you a lunch recess at this time, I'm going to ask that you look at your watch. Mine says It's 12 o'clock. Going to ask that you be back at the location designated by the court deputies at 115 that should be the time. Get out of the building, get something to eat, get processed, back into the building and back up here on the 19th floor, I have the same instructions that I get have had for you the other times that we parted. Do not discuss the case among yourselves. Do not discuss it with anyone else. Do not do any independent research while you're away from us, do not watch news accounts or read any news accounts. With regard to this case. Can everybody do that? Leave your pads and pens on the chairs. They will be there when you return, and I will see you back at 115 applause.

All right, ladies and gentlemen, I would like to resume right at 115 with additional testimony, so govern yourselves accordingly. I'd

like to go back up here by 115

with that said, Mary recess. Thank You.

I I'm Taking those

you can go very well, kids, wasn't supposed to have it last week in history. I'll see you

tomorrow. 21

covid. That's the rest of.

They don't have no supplies. We gotta Raise it if I needed The job. 41 Okay, yeah.

I'm exhausted, I'm hungry.

So Christina, you said, Buy one, get one free, right? Yeah, you buy one for $10 you get one free selection. And she's aware of that, but I just said, I would reiterate it. I'm sure she's aware of that. She can reassure him that was Yeah. She said, I know. She said it was okay. I said, she said that wouldn't be a problem, but she could reassure him that that's not going to be a problem and it's what it it's what it is. I forgot he was the one selected, right? So she can maybe just reassure him that's not going to be a problem. She might just need to leave it outside of the door, not shut it off during the deliberations. Oh, during deliberations. Oh, I'm sure that they'll make an accommodation. Maybe his phone can be left on Yeah or something. I'm sure he can explain what he said. How does he sit? Let me see you see where he sits, oh, yeah,

and leave it on, maybe with with a deputy during the sequestration. That way it goes off. You can let him know. Let him know during the sequestration, that way he's not getting the notifications, medical notification, yeah, I'm sure they'll come up with a solution that'll work, and he can, he can come up with a plan, yeah, all

right. I Are you selling those for $5 and if you don't have cash, I have a QR code because the girls got spam can out. Oh, okay, so I'll get some from you after lunch. What do you have a live at every time? Yeah, do you have?

Every time I do have to, oh, my God. Is that how coconut, okay? I have a 20. Is that okay? All 20, right. Now, okay, okay, everything. Everything. Do you want money with me? So I'll come back up. You can use your car? Wow, yes, sure, codes, all kinds of stuff. Make it as simple for the girls. Making it simple for pets. It's been a while since anybody's I know. Well, it was one of the days

constantly. So it was like all the time. But then it kind of stopped for a good while after she left. Okay, sounds good to you. Yes,

I might have changed because people I'll go use some of. Get some change on the window, if not, if you weren't put on, I might have changed by then. I'm sure people will get dark.

Say that again. I

say that again. I told three that I made you part of

that afternoon she could do that. I come in three or whatever, take out, right? But because

I wanted to see our lights,

but, oh, you can't Well, so I put new pads on my machine. They're not working. So it's just like kind of hard. They're not soft. Stopped the motion. So are they? Are they reading what you transcript, opening I was watching. Just listen. Close now, yeah, so it was coming

this afternoon, yeah, what would you frame because they can't hear amid all the death penalty.

I won't be able to because I'm just gonna fly away. But I still have. I still have. I have, like, four years. I The time I had, like, four years depending on whoever's

left, and you know by that time who

You are. The other ones were kind of coming off. So what was like when I would hit a key, it started to come up with my finger,

so I had to take and get the new ones and the new ones candy.

Hello, huh? I just telling I was talking to a few pads on my writer and I can't write the crap. Yes, it's a lovely writing day for me, like you all. You all figure out. Yes, I'm on my way. Alright. Bye, okay. Bye, alright. I will see you later. Have a good lunch. You too. Are you not going for that? No, we're taking time because we don't want to put the evidence away. Somebody has to. We have to put it away. We can't leave so I figured. I'm not going out for lunch today, so I have My food, but we're taking turns. Okay, See ya later.

Are you at The gym? I I'm waiting for him to tell me something. He has a test that he just sent me earlier that he doesn't feel good. I said, okay, but he doesn't His phone is off. They made him turn it off, I guess.

Oh, okay. Do Is it caught outside? Hopefully he's fine. He doesn't get sicker. Yeah, yeah, I

so I'm just waiting. I sent him several text messages. All Right, okay, it, yeah, Okay, all Right.

I 115 state finished. State finish. You still talking? They were done with their last witness. Oh, they finished the girl, okay. Then we had an officer, okay, but he's not done with that one. Oh, he's done so he's done two witnesses, three. Actually, we had the neighbor, the victim and the officer. You them, I had to take care of the bank. Is any jurisdiction?

From the paper. Saw the furniture because I don't want to have to take this evidence and bring it back and forth, so I'm not going out too late Monday. So I told Her, you'd Get something.

I Your call

has Been

forward.

Hi, yes, my son was there yesterday, The Doctor Who needed an occupant.

I Estevez.

You showing You, Good, Okay?

Course, you, yeah, they called me this morning and then they hung up by the morning, but it was your Sunday. On 19 call this morning. Okay, I won't be able to answer the phone. If somebody can just, yeah, you can leave a message, but I won't be able to pick up this one after 115 So yeah, if they can just submit it so I can Go just so this is possible,

okay? Thank you.

Applause.

I mean, not sounding Easton, definitely. I

Sir, are we not Open to my mother? Knows

What? What The time I

yeah, oh, no, it's not me. I.

And he needs some hype that he Got consistency and

because now why he want to Go inside? Because for a while he stopped moving and Home.

One I tango. It's Really pretty

Salt. I

Okay. So far off

witness number three. Do,

emails, anything good? I email questions not

objected. Out. First,

not sure that'll operate. I.