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INT BROLL GEORGE ZIMMERMAN TRAYVON MARTIN TRIAL / SWITCHED POOL FEED NOTE: Do not use any pictures of the Trayvon Martin gunshot wound shown during this morning's court testimony.It was from his autopsy and was inadvertently broadcast. Under FL law autopsy photos are exempt from public record We cannot show the picture when it was displayed or when it was in the hands of the witness **NOTE: JUDGE'S COMMENTS IN CAPS **NAMES OF WITNESSES IN RED **VISUAL DESCRIPTIONS IN (PARENTHESES) **GOOD STATEMENTS/VIDEO BOLD 8:31:06 PLEASE BE SEATED. GOOD MORNING.... (defense team is not present) 8:31:37 ON THE RECORD.... STATE VS. ZIMMERMAN 8:31:56 omara: issue of the animation, deposition last night that focused the inquiry, state still has issues... not so much admissibility but applicability to the facts 8:32:19 mantei: supplemented original issue.... daubert issue and early concerns.... part 3 of the witnesses deposition... now done from states perspective, move from witness creating exhibit that represented physical evidence and police reports and witness statements... changes from animation taken to fit to theory who has yet to testify to it... now a daubert issue, simple representation and physical items to create an essentially animated picture or theory that di maio discussed with witness Saturday after shoemaker was deposed twice but before di maio's deposition 8:34:04 because of what came out in that deposition, expand hearing to include daubert hearing... daubert-Frye-pierce hearing, all issues need to be flushed out... filed supplemental motion accordingly... witness had other still-pictures and a computer diagram, haven't gotten those physical things from the witness..... apologize for telling the court we want what was said we didn't want yesterday, but given yesterday I believe it is 8:36:53 (judge nelson reading the motion) 8:39:10 DEFENSE RESPONSE? 8:39:17 omara: factual response first, concern evidence by the state addressed one fact issue that is undisputed... dr. shiping bao and our medical examiner expert... gunshot entered at 90 degree angle, closet to a straight through shot... no dispute as to that fact... the state's concern, attended to making of the animations.... well aware of deposed and given copies of.... added to that fact, the potential of the distance from gun to body.. only distance he would give was 0.4 to 4 ft. other witness says 2-4 inches 8:41:09 states concern with that, fine with not using that still... not part of the animation, use in closing as demonstrative... withdrawn to make sure that was clear 8:41:34 underlying fact the state suggests concern with the positioning of the bodies when the shot was fired... gun and body at 90 degrees, not know and depicted in animation as probable positioning is what I guess is in issue... body and gun together........ only eye witness testimony when he saw it... left a few seconds before..... state can argue to the jury something different.... it happened, based upon evidence and shiping bao's testimony, animation that has bodies in that position, suggest what they want... don't believe and never seen evidence admissibility having some argument that it may have happened differently 8:43:30 I don't understand why that makes it a Frye or daubert admissibility concern.... it is specifically in line with facts of evidence and how things happened.... if we were to go through a daubert piece Frye standing...... not certain, I know they talked but didn't come up with anything different to john good's testimony 8:44:35 saying now it's just based upon what we talked about... no its based on 90 degree angle.. 8:44:54 what you'll see is it is more than animation, series of stills... response to states concerns in the past... took out animation and placed with a still.... movement of the arms.... SORRY TO INTERRUPT, JUST START WITH HEARING AND GIVE ARGUMENT AFTER THAT... DEFENSE HAS BURDEN, CALL FIRST WITNESS 8:46:37 (sworn in) 8:46:48 name? daniel shoemaker... address? California. name of company? contrast forensic... type of business? crime scene accident reconstruction.... I take reports and photos from the scene.... I take all of that and put into context for the recreation 8:47:40 how you got into this business? information graphics for fortune 500 companies. when that began? 26 years ago. who'd you work for? viewcom systems in Ohio... did corporate presentations for tire companies in Akron 8:48:25 the days before PowerPoint? days before desktop computers.... a lot of art graphic work, poster presentation? we had a sophisticated computer and it did slides. how long with them? 5 years. position? senior artist 8:49:01 you would take on a project, create the tools? work with the client on modifications... any formal education in this area? bachelor in fine arts. 8:49:38 advertising and marketing, corporate identity 8:49:48 graphic presentation to audience? yes, the best way... various ideas and procedures. 8:50:00 for 5 years? yes. and then? to California, same thing for a lot of companies in bay area 8:50:15 contract basis? worked for company, senior artist. which company? dolphin multimedia. same job description? similar job as in Ohio... being in bay area, more access to up to date software, more up to date technology 8:50:55 any difference in first five years to now? main difference is doing a lot of information graphics for governmental proposals.... information graphics for governmental proposals and information graphics of crime scene recreation for attorneys. how long in Cali? 13 years. 8:51:50 name changed? contrast design to contrast forensic. owner/sole proprietor... 8:52:07 type of work you focused on? initially started out by working with attorneys on designing their information, court room presentations were a bit below that..... gone from information graphics to attorneys like that to drawing crime scenes... progressed quite a lot to the point with the equipment I'm using now 8:52:59 what type of software or hardware was available to you when you started? mostly drawing out a scene.... scale and accurate, mostly 2-D.... from there it's gone to 3-D to the point where the reconstruction and the software got more sophisticated.... start with you going out to scene with tape roller and get a measurement? yeah 8:54:06 software I use, I have two kinds for using my total station data.......... aras 360.... 8:54:34 start with foundation point, total station.... bring us back to an idea when you walk onto a scene and what do you create? progressed from tape measure to robotic laser, set up on tripod and measure crime scene... series of points and 3-D space 8:55:25 used now by law enforcement? yes and road crews 8:55:38 set up that laser here, bounce off points in court room and have a data configuration of the entire outline of the court room? two types... type I have is point by point... I lay out 2-500 points in a scene... I walk around with a pocket computer and prism, everywhere I go hit the computer point where I am... laser follows me around... creates a point cloud of the whole scene..... 8:56:50 how does that compare to total station software? how does what compare........ total station gathers data and then export to aras 360....... 8:57:28 once you get that information, what you do to see if information is there? look at the data and examine it, another piece of software that I have... visual statement, between those two... 8:58:10 within context of aras 360, gathering environment digitally... motion capture suit for gathering....wireless, accelerometers... capture movement accurately and bring into the scene.... accuracy of the scene 8:59:16 give court examples for the motion capture suits... in other cases? use a few ways, I use it.... a month ago I had to go to impound lot, death in a vehicle... get into vehicle and it still sees the movement.... typical one has balls on the suit with high speed cameras following it, but the cameras won't follow behind the wall or into the vehicle..... my suit is I can take it, accelerometers to measure my movement 9:00:51 perfect for court because it gives you a running log of all the movements..... somebody hits something and cause damage.... do the same action from the accelerometers see how much force I used 9:01:24 what software exists behind those suits to interpret that and make it relevant to presentation? software that came with suit, engineers that developed it... not only used it for motion capture but also biometrics for physical therapy, monitor movement from day to day 9:02:07 put on those suits if I had range of motion problem and the suits will measure progress? yes, printout of all the movements 9:02:26 software the interprets the movement of the suits, criteria that can be put in to determine force, speed and effect of objects moving through space? yes, could do that in the reconstruction 9:02:56 how this suit gives data for recreation? put on the suit, still considered crime scene... didn't want to disrupt it... t vac suit to protect the scene, somebody opened the door tried to pull the person out.... he reached for a gun and shot him.... shot the person coming into the car? yes 9:03:49 very good use of the suit, had an attorney pull me out and record it in real time 9:04:06 what you were able to recreate? in the truck? yes..... 9:04:27 I had accurate measurements of the truck, recreated the truck, my movements fit well within the truck, exports motion file.... bring into 3D program... map their movements onto figure that matches the person involved... map onto the person's skeleton 9:05:11 how do you get size of person to be accurate? from police reports and coroners reports 9:05:23 does the software recreate body in proper proportion? doesn't do any simulation, I just have a figure that I size to the size that I need.... 9:05:50 can specify what height the person is... weight? weight is more the appearance from photos 9:06:05 helpful and do you have another sample of the car one? I have another sample 9:06:22 happened in a sams club parking lot........... 9:09:33 since it's just the court, approach the bench and you could see off the computer screen? FINE YOU MAY BRING IT UP HERE... COUNCIL APPROACH 9:10:15 this is a sample of a motion filed from the scene... how is the scene recreated for the background of event? in software. where did information come from? security camera, placed vehicles where they were in the video, better representation than the security camera 9:11:04 about to see the animations, how does the movement get placed into environment? import from motion capture software. 9:11:28 how does it get placed in right location? move figures around based on scene. come up with alternatives based on witnesses and evidence? yes, can't change movement, just the location of figures 9:12:28 graphic information from witnesses and evidence? yes 9:12:37 say that the movement of the person, how do you decide the speed? timed from security camera..... nothing further as far as that... OKAY THANK YOU 9:13:06 chance to look at that animation, anything different in the software you used in that representation than one in zimmerman case? zimmerman case was more total station data, data that was provided from DA's office 9:13:43 are there any course work or training programs you go through to enhance your abilities for this work? both in aras 360, classes through that and trained through that. only required to go through 1, but I've gone to 3 total station 9:14:24 software that law enforcement uses? total station is the piece of equipment 9:14:38 total station information available from law enforcement in this case? correct 9:14:52 who does the training for that? software companies train 9:15:03 most recent time you took training? training in those courses, a couple years... on my CV 9:15:22 aras 360 software, continually update my skills... webinar every Friday that I watch. any significant changes in program or still the same? still the same, maybe an update every 6 months 9:16:00 training and certification on using the software and using it with total station. 9:16:20 have current version of software? yes. up to date with that software? yes 9:16:34 creating computer graphic animations? luxology modo... whats that 3D software? creating 3d scenes, used for animation movies. 9:17:17 allow you to present environment or frame work? yes and create the scene 9:17:42 start putting in elements? yes. how are they accurate? measurements from total station data.... 9:17:59 bounce off points and import into program? yes..... also one part is I have a helicopter, didn't use in this case... just a drone, take photo of scene I have the data points from total station and it'll lay it on or drape it onto those points, accurate out door reconstruction of the scene 9:18:46 bird's eye view, more accurate data points? yes 9:19:02 opportunity to create animations and testify as expert? yes. what period of time you did that? ongoing for last 13 years... criminal and civil cases 9:19:30 first time you created animation in court case? 2009 9:19:46 tell the court, have you ever gotten to point where animations were utilized in court? yes. experience you had in civil and criminal settings with your testimony? I used motion capture suits for animation but to verify a person's position, did one a few months ago... in a vehicle, shot through window, show a couple more times... which were done in the car... verify his position when 3 shots were fired 9:20:48 explain how... name for motion suit? initial motion capture suit. IMCS 9:21:20 matched vehicle used and recorded movement getting out... in the figure that matched the victim, put in the rod to match bullet trajectory... looked at positions getting out of car to see which positions the trajectory should be 9:21:55 talk in context....? calibrate at beginning of recording. for accuracy? yes. 9:22:24 doing movement, but computer gathering data on 16 points that are moving? yes. computer may not know it's a body, just 16 points? in real time on computer, there's a mannequin 9:22:59 not the exact video of the driver moving his arms, but rather you decided how the body moves, how do you address that frailty? look at certain things you know from the discovery, bullet trajectory, opening of the door, physical characteristics of the truck... look at scenarios to find which one matches the scene and evidence and discovery you have 9:23:48 do an animation at the point you created is specific? Objection! 9:24:02 consideration based on evidence know to you at the time? yes. modify animation to match witnesses or other things you've heard? yes, whatever's more accurate 9:24:23 put on the suit, software allows you to change configuration of body for height? yes. how do you look at body size to accomplish that on the program? most done through photos from reports 9:25:06 take measurements of those photos, ratio comparisons and put on the mannequin? yes measurements from reports.... any measurements you can take. 9:25:35 also look at photographs? yes 9:25:52 I come in after the fact, have to rely on police photos taken from the scene.... don't have certain measurements, but you may have one measurement of an item in a photograph... 9:26:22 how does that assist you with measurements? one known object with measurement you can figure out other items 9:26:50 I can tell how far from the wall you are.......................... lay down a plane in the software if you know one measurement apply to the grid and extrapolate the evidence 9:27:26 don't know the algorithms or math behind it, has been certified to work? yes 9:27:42 this type software, does that have application in entertainment industry? yes. suit I have was used in avatar, iron man, x-man... used in creating characters... also used in madden football... record suits and apply the figures 9:28:27 iron man is placed on top of him in the movie? in the computer the 3D program 9:28:42 talking about your experience in testifying... how many times in court your animations were presented? need CV? yes. moment? YES 9:29:19 come back to your CV.... experience in testifying for the animations. use of suits and presentation in court? most work since I acquired the suit in 2008.... probably 20. 9:30:00 types of cases you worked on and what courts? also on my CV, list of the counties 9:31:35 type cases and court rooms you presented? 59 criminal trials, 21 civil trials... declaration or testified in 20 of those.... 9:32:15 trying to figure out shooting incidents, worked with department of justice and police officer related shootings, stabbings, it varies quite a bit. 9:32:36 in each of the 59 cases, take on data and graphic presentation? yes 9:32:49 are we now talking about spectrum of murder cases, know the charges or just the information? sometimes told more detail and give creation from the evidence 9:33:17 what percentage for defense and prosecution? 100% on the defense, has to do with defensive police officers and police officer involved shootings 9:33:43 if the department of Justice with a civil case against them or a shooting occurred, work with them on that and presentation of their material 9:34:13 presented testimony in court in any of the criminal cases? presented personally or... after being qualified, you personally? probably all 59 9:34:48 qualified as expert various counties.... 16 counties here... all in California? yes 9:35:20 are these counties in which the courts authorized you as an expert? all the courts where my information was presented, all qualified, never denied 9:36:00 (listing counties) 9:36:47 have you ever testified in Florida before? no. outside of California? no. how long have you had motion suits? since 2008 9:37:04 in those counties, which counties were you... did you testify in those counties or was the information you created presented? both... my information was through either as expert testimony or a declaration... sometimes my material can be testified to by another witness... 9:38:01 I just speak to the accuracy of the creation... 9:38:09 have you testified in court concerning accuracy and methods used to create? yes. 9:38:24 what counties and types of cases you've testified to? I don't have a listing ..... what cases have you testified to in court, what types of cases? all the ones I've testified in court have been criminal trials 9:39:06 what you testified to and the animations? plasa county, shooting reconstruction, position of shooter and victim, the order of shots.... testify? yes. expert in this area? yes. 9:39:58 another case? contracusta county, determine position of the person from the 3 shots... determine there was only 1 through window and the other 2 were outside vehicle. expert? yes. 9:40:34 one more from another case? a couple down in Marino valley, two of them actually... one was inside house, threatening suicide, police officers responded and they were waiting at corner of garage waiting for him to come out and another officer was looking out to the street and the other office was looking at doorway, determine who shot... which officer and the position of person in house.... in my reconstruction, person in house was on floor in kitchen... two counts of murder to police officer... in house the entire time. police said person came out with gun, fired 3 shots, partner turned around and shot the partner in elbow... which shots came first and position of door....... second series, position of the door... no way someone came through door when shots went off, tight space outside the door he would've been hit, had to be in the.... 9:43:08 accepted in the court? yes. give evidence to the jury in that case? yes 9:43:24 other cases where you've been attempted to qualify as expert? no. in all 59 then, by affidavit, declaration, give your testimony to what you created? declaration or testimony was 20 cases, never been disqualified 9:43:59 experience on civil side similar? mostly info designed for attorneys to present to jury 9:44:13 any civil that went to jury? not in civil trials 9:44:35 zimmerman case? first became involved toward end of April... initial conversation in august, but my first meeting with attorneys was end of April 9:44:58 in 2012? yes. went through medical condition that took you out of sorts for several months? yes. all resolved? well se 9:45:14 back to work, talked in April this year? yes. what information did you gather and review, what tasks given on behalf of this case? to do a reconstruction of the scene with the information we had and creation of an animated timeline... 9:45:50 inside your qualifications? yes. not a lot of opportunity to have live audio of the occurrence, different in this case 9:46:23 unique because we had audio evidence, real time available for your recreation? yes, helps with the timeline 9:46:39 similar to security camera makes its more accurate? yes. video surveillance not in this case? no 9:46:59 what information did you gather to assist you in the work? discovery from DA office, photos, reports, audio from 911 calls, questioning at PD of witnesses... depositions? yes. photos from scene and total station data 9:47:48 any information you needed to create animation that you did not have available? use of motion capture suit at the scene, not available to me... made two visits to the scene 9:48:16 came back to utilize motion capture suits? yes. when that was done? second week in may 9:48:40 explain what you do then, who did it, how you assure accuracy? good where I can interact with suits at the scene, 9:49:26 7 points that were labeled windows and they were not in position to be windows.... laser bounced off and was different than what it was? yes... laser pointed up to 2nd story window, went through tree and picked up branches... 6 points on one side and another point that are in the wrong location, not to use it 9:50:20 address that or fix it? I didn't manipulate the data, just didn't use them 9:50:41 any other measuring of the scene now that you're on scene? matter port scanner.... sets up on tripod, has a little computer and cameras.... one that takes photos and another one takes infrared for distance 9:51:19 iPad interface, twirl in 360 and scan around scanner, walk it through the scene... captures intricate parts of the scene as well as textramap of the photos 9:51:49 helpful to get the slope and positioning of buildings and sidewalk. more accurate that total station then? yes it added to the total station data, verified the scanner with the total station data so it all matched 9:52:31 did matter port allow for better graphic representation of the sloping? yes. total station had not done that? didn't measure very many points.... mainly measured the drains and sprinkler fix... didn't do measuring of slope 9:53:08 matter for even more accurate rendition of sloping of ground? yes 9:53:25 SHOEMAKER STANDING FOR AN HOUR NOW.... I THOUGHT IT WAS GOING TO BE SHORT, WOULD YOU LIKE TO TAKE A SEAT SIR? how much longer.... omara: drag him back down here in a moment, so I'll move it along 9:53:58 go to scene to start working on project? correct.... motion capture suit, who did them and frailty of others using it? a couple volunteers from your law office that put the suits on, timing for scenario where they were on the ground, used audio on the 911 call to time it with shot of the gun 9:54:46 also john good's statements and deposition testimony? yes. used for the positioning.... information from Ms. mora, saw zimmerman on top of martin after shot? yes. assist in your creation? yes 9:55:18 also have Lauer 911 audio, has a shot and matter of time before shot? yes. 9:55:36 what other information? Ms. Lauer's police report. she first heard altercation at the T? yes. and Jeremy's? yes 9:55:58 created poster graphics, stills of the scene based upon that testimony as well? yes. recently removed Jeremy's statements since he didn't testify? yes 9:56:24 modifying animation and the posters to come in mind with actual trial testimony? yes. as disclosed to you by me? yes to get most accurate representation of it 9:56:47 able to create animation based on info available to you? yes 9:56:57 sources of that information, seen discovery- witness, depositions, autopsy, reports.... also diagrams made by witnesses and other information in discovery? correct. 9:57:36 a lot of information from defense? yes. extraneous to recreation but to see if it was relevant? yes 9:58:03 conversations with me and others on my behalf for the creation? yes 9:58:13 sources of information? everything you mentioned. anything else? my going to the scene and scanning the scene during motion capture 9:58:41 anything you would have liked to have had in creating the posters that was not available to you? I believe I had everything I needed to create the scene 9:59:06 present the animation.................... 10:00:33 BRING UP TO THE BENCH AND I'LL LOOK AT IT UP HERE.... 10:01:40 (video playing on shoemaker's laptop, audio of 911 call.... no visual of the video) 10:02:47 there are posters that he created.... mantei: new ones? omara: some are new.... 10:03:22 advise the court what this is and how created? from 3d image of how it was created, to explain location of markers...... where'd you get the markings and put at that location? straight from total station data, also have a flat 2D illustration of the scene. incorporated as well? yes 10:04:15 basically the same thing, different view. 10:04:33 to show the slope.... 10:05:28 this is just to show photographs from discovery of what was at those markers 10:05:42 different parts of different items, where located and top left hand corner... imported and picture we gave you? yes. 10:06:12 IN THE MIDDLE? from the point of view from good. to the left is good head? his ear... taken with 50 mm lens in the software, closely resembles what a person will see 10:06:42 line going above the case, distance measurement? edge of porch to marker number a 10:06:58 what it looks like? 49.5 mm., rounded to 50 10:07:10 perspective one would see as humans looking at it? yes that's how they would appear 10:08:06 john goods to the left? yes 10:08:15 states what john good testified in trial regarding what he saw and the peoples descriptions? yes. yes 10:08:34 that is Ms. Mora's testimony in trial to what she saw from her column? yes. 10:08:52 what she would see from her location? yes 10:08:57 in these photos I didn't try to reconstruct the lighting, more important to see detail.....frailty of the posters, lighting was nothing for this evening? jury would have a hard time seeing detail 10:10:07 moment? YES 10:10:34 PROBLEM THEY'RE HAVING IS WITH THE APPLE COMPUTER, CHECK IT OUT OVER LUNCH... get his presentation on a PC. ANY OTHER QUESTIONS? just briefly: have been doing this graphic information in court for 13 years? yes. has never been disqualified in court? correct. 10:11:20 awareness of industry and others who did this? only one in US with wireless motion capture suit.... older style ones available? reconstruction are using, but very rare to find one with motion capture suit, whether the balls or the wireless 10:12:21 used in video games and videos? yes 10:12:25 software you utilize, tell the court where that fits in to industry 10:12:56 how long? luxology around probably 4 years.... I believe 4.... started as version 201, now up to 701 10:13:16 ever attend seminars or conventions where others interact? yes.... 10:13:32 users group that gets together, presentations there. how often? just presented once 10:13:44 made up of people who use software on ongoing basis? yes.... 10:13:59 aras 360 gets together every Friday.... keep up on that part of the industry? yes 10:14:11 is this software accepted whether accident recreations or others? yes, highway patrol uses it... 3 basic software... visual statement, aras 360... another software called crime time or something like that.... Sanford police uses on there's 10:14:57 is the software you use the most up to date software for this work? yes,... industry standard for accident and crime scene reconstruction 10:15:18 use this type of software to do the work? mostly used in police departments 10:15:34 80% of aras 360 are police departments, others are accident or crime scene reconstructionist like myself.... user group meetings interaction? yes, get an answer at the end of the week 10:16:07 accident reconstructionist, type of software used in this industry? yes, mines cutting edge 10:16:24 more advanced, only one who uses new style of motion suits for your work? correct. are used in entertainment industry? correct and medical rehabilitation 10:16:50 limited based on expense? yes. nothing further CROSS 10:17:00 mantei: 5 minute break and the witness sit in stand? 10:17:10 COURT IN RECESS FOR 5 MINUTES ============================================ 10:24:29 PLEASE BE SEATED. IS SHOEMAKER HERE? he is. HOW MUCH LONGER IS THIS GOING TO TAKE.... JURY IN BACK SINCE 9, I STAYED LATE TO GET THIS ACCOMPLISHED....mantei: 45 minutes. NO. DO IT LATER... SHOEMAKER REMAIN OUTSIDE, CONTINUE HEARING AFTER COURT.... READY WITH NEXT WITNESS? READY TO BRING JURY IN? omara: approach VERY BRIEF (sidebar) 10:26:55 (zimmerman walking in, tan suit, white shirt, gray tie) 10:27:16 (omara talking to zimmerman) 10:30:53 (sidebar) 10:34:21 MR ZIMMERMAN, PLEASE STAND.... INFORMED BY COUNCIL THAT TESTIMONY OF DR. DI MAIO IS CARVED DOWN... DID YOU HAVE DISCUSSIONS WITH OMARA ABOUT DR DI MAIOS TESTIMONY? yes. AGREE WITH HIS REPRESENTATION NOT TO ASK CERTAIN AREAS, YOU AGREE WITH THAT? yes. HAS ANYBODY THREATENED YOU TO DO THAT? no. READY FOR JURY? west: not yet. HOW CLOSE ARE WE? need the physical evidence in the court. PLEASE OPEN LOCKER DOOR AND GET OUT WHAT YOU NEED...... 10:37:48 NOW READY FOR JURY? LET'S BRING THE JURY IN.... 10:39:59 PLEASE BE SEATED, WELCOME BACK... I APOLOGIZE FOR KEEPING YOU BACK THERE... QUESTIONS: DISCUSSIONS ABOUT THE CASE? NO HANDS RAISED. READ OR LISTEN TO REPORTS ABOUT THE HOUSE? NO HANDS RAISED. USE ELECTRONIC DEVICE FOR RESEARCH? NO HANDS RAISED. READ OR CREATE SOCIAL MEDIA? NO HANDS RAISED. 10:40:53 west: call Vincent Di Maio 10:41:27 (sworn in) 10:41:54 west: good morning.... name? Dr. Vincent Di Maio 10:42:13 profession? physician, employed in private practice of forensic pathology.... degree? yes back in 1965 in NY 10:42:39 educational background? graduated med school 1965, 1 yr. internship in pathology, did a 3 year residency, 1 year fellowship in forensic pathology, specialty board exams 10:43:39 board certification? yes... it means you've successfully completed training in specialty... taken written and practical exam and certified and recognized as specialist 10:44:07 mentioned anatomical, pathology...? pathology is branch of medicine with death from disease..... examine tissue removed from someone.... mole, breast tissue... tells your physician the disease, and tells you the diagnosis... wont contact them, physician has contact 10:45:10 clinical pathologist is concerned with tests done... blood test, urine test... 10:45:23 forensic pathologist is concerned with application to medical science and the law... function as medical examiner, determine cause of death and manner of death... individuals thought to have died of violence, accidents suicides or homicides..... exact course of death is not known... autopsy..... based on circumstances, the findings and tests done make determination on cause and manner 10:46:25 professional positions following training? having trouble hearing you..... 10:47:09 following training you've outlined, idea of the professional position you held? after training, went into army for 2 years... armed forces institute in pathology.... chief of medical legal section, then wound ballistic section... moved to Dallas, TX medical examiner there summer 1972- Feb. 1981.... became chief medical examiner for Bexar county Texas.... san Antonio...... from march 1981-until I retired Dec. 2006. 10:48:40 for 16 of the years I was there, I was in charge of crime lab... retired and went into complete private practice, doing since then... also the editor of the American journal of forensic pathology.... chairmen of Texas crime labs....... 10:49:30 director of crime lab for 16 years, role? police had crime lab, county took over when I came..... basic documentation, established DNA Lab.... usually things, drug ID, DNA, trace evidence 10:50:11 work include knowing how to package evidence that may have biological or DNA evidence? yes. but you teach the forensic pathologists, they know that even if not in the lab.... technique to packaging... 10:50:50 certain requirements when packing biological samples, wet fluids? yes, dry out material... package each in paper... if you don't let it dry and put in plastic, the bacteria love that... multiply... mold... stinks and everything deteriorates 10:51:35 well known for a while? yeah I'd say... 30 years that I know of 10:51:45 back you've done with group that monitors labs? Texas forensic science commission... yeah what does that involve? government agency.... problem with labs reported and investigated and issued a report... want tests to be done proper.... labs reporting themselves 10:52:50 in addition to professional positions, also had academic appointments? University of Texas system.. assistant professor, associate professor and full professors before I retired. what subject? pathology 10:53:21 have you in addition to your day to day work as medical examiner and work at the University as professor, published any books or articles? 88 articles and 13 book chapters and then I've published 4 books.... first was gunshot wounds, wrote myself... published in English, French and Spanish... forensic pathology with my father, he's deceased now... third book was handbook of forensic pathology wrote with a colleague, 4th book is excited delirium syndrome... I'm the junior author of that book, wife is senior author.... 10:54:51 your work in gun shots.... first book you wrote, updated over time? 2 editions published and the 3rd edition is going to the publishers in another week or two.... 10:55:17 describe for jury the purpose of focus of that book? book starts out instructing about fire arms, wounds, riffles, hand guns, how to do an autopsy, collect evidence and what you can do with analysis 10:55:51 gunshot wounds, how a pathologist could learn things like the distance from the shot? right, contact, near, loose, distant... range, nature of wound 10:56:20 work you've been doing your entire career? yes, very strong interest in gunshot wounds 10:56:35 written 13 chapters, in others books? correct. how does that work? solicit me to write the chapter 10:56:55 are some of those books more comprehensive look than what you wrote? I don't think so... depends, chapters aren't always about gunshot wounds 10:57:23 how many of those chapters that you recall involve gunshot wounds? I think about 7 10:57:36 authored or participated in 88 peer review article? it's a scientific article submitted to journal... when the journal receives it, sends to others to see if it should be published and editor decides to publish. peers mean other pathologists? yes. published becomes available to other researches to use or educate themselves? it is.... central on computer with articles listed, review articles on the computer... essentially a library. 10:59:14 how many articles involved gunshot wounds? 35 or 37 10:59:28 over entire span of your career? these events, these writings were developed over time you worked? yes, over 40 years 10:59:52 worked in baxer county as medical examiner, perform autopsies? yes, about 9,000 and then I reviewed autopsies that were done under my jurisdiction another 28,000..... 11:00:43 called by prosecutor, typically? yes 11:00:50 as medical examiner testified in court to the autopsies I did 11:01:08 staff that helped? 4 full time, 1 part time physicians... approved for program to train fellows.... 38 or 39 approved to train 11:01:42 how many autopsies would be done in the year? 1500 autopsies and another 1500 we would just do external exams 11:02:04 last autopsy I did was in October and retired in December 11:02:14 takes week or a month to complete an autopsy 11:02:23 since 1981 when you began work in baxer county, private consultant? yes. mostly civil, a few criminal cases.... outside baxer I could testify for the defense 11:02:58 don't do many private criminal cases such as now 11:03:09 working as consultant since 2007? right 11:03:26 private practice as consultant since then? yes 11:03:33 majority of work in connection with civil cases? yes. include gunshot injuries? yes.... alleged suicides, accidental discharge 11:04:05 mentioned you were in the military? yes that's when I started my firearm research... study mechanism of firearms and review gunshot wounds 11:04:43 when I was in charge of the wound section I had another study in Vietnam, photos of those injured or killed by different weapons, attempt to study those.... 50,000 slides of this 11:05:16 mentioned microphotography... what a picture of bullet leaving gun looks like? micro flash... only this flash is very quick, take photos of things moving through air, freeze them when the flash goes off 11:05:56 take moment the mechanics of what happens when bullet fired from gun? firepit hits the cartridge case...................... gun powder burns, converted to gas... gradual pressure to build up... bullet at front, fixed in.... push out of bullet into barrel, gripped by riffling, takes a while.... during this time some gas will get around the bullet... gas in front, the bullet, and then bulk of case... barrel filled with air, as bullet goes down, pushes the gas in front and behind... first thing you get is a little cloud of gas, not big, pretty soon after that get the bulk of the gas... in that, the bullet and unburned or burning grains of powder 11:08:13 can the gas that comes out first, combined with air in barrel? will to certain degree, mostly the larger cloud of gas... column of gas and air pushed straight ahead.... hold gun against clothing, this column of gas and air tears hole and then the bullet gets to clothing and the soot gets to the clothing.... that material after hole is made comes back to the other side.. 11:09:21 hole made by gas first, followed by bullet and then followed by soot? right...... blank cartridges are not dangerous, you can kill yourself with it.... the gas form will tear through skin and muscle in your lung... you don't need bullet to kill you with contact wounds 11:10:17 written articles about head trauma? yes... one peer reviewed article, one chapter 11:10:35 blunt force trauma to the head? right 11:10:42 served as editor of peer reviewed scientific journals? yes 11:10:55 does that work include whether or not to accept submission for publication? yes I have final say 11:11:20 work you've done specifically..... expertise in firearms and injuries, have you done work for united states government? yes about 2 years ago.... US attorney's office during hurricane Katrina, police officers shot and wounded a number and killed 1.... done 1 or two other cases 11:12:10 for the marines? war crimes... testified for marine corp 11:12:20 British government? the bloody Sunday massacre.... and another case going in 2 months in Britain with a concussion head injury 11:12:52 united nations? yes. 11:13:07 jurisdictions you've testified as expert? in most states of the union, state courts, federal courts... Canada, Columbia.... by video.... south Africa, Israel 11:13:44 I don't believe we've touched upon.... state and federal? yes 11:13:56 professional awards? yes, from my medical school master teacher award, outstanding service awards...... 11:14:32 professional background and all detailed in CV? yes they are 11:15:04 defendants MM? yes. your CV? yes it is 11:15:24 offer as exhibit... ANY OBJECTIONS? rionda: we object! May we approach? YES YOU MAY (sidebar) 11:18:11 COME IN AS DEFENSE EXHIBIT 23.... 11:18:42 turn to work in this case, describe the materials that you have received for review and if you have notes reflecting that, happy to do so..... 11:19:14 material I reviewed were scene photos, zimmerman photos, autopsy report, medical records, witness statement and transcribed conversation by good, 911 calls, reenactment tape, firearm, examiner reports, and deposition of dr. rao 11:20:14 talk with you about...... opportunity to review the video recording of zimmerman reenacting the events surrounding the shooting? yes., access to witness statements? yes. reviewed all witness statements? I haven't 11:20:54 more about determining whether evidence is consistent with his accounts of what he said happened.... witness statements are all around, vary greatly... easiest way to hear is examine physical evidence and compare to defendants statements and see if consistent.... say bullet came in front, and it came from the back inconsistent 11:21:46 look at what zimmerman said and the forensic evidence which includes the pictures from autopsy, include looking at report from firearm expert who analyzed clothing? correct. two most important are the autopsy report and the reports by the firearms examiner.... secondary, scene photos... looking at autopsy and detailed report by firearms examiner.. 11:22:49 reach opinion as to the distance? yes 11:22:57 opinion from end of barrel to clothing? yes 11:23:03 what affect if any the clothing had on appearance on the skin? yes 11:23:16 well talk about those details in a moment, also talk with you about is your opinion of how long martin may have been alive, how long martin may have been conscious.....? they are different opinions because you can be alive and unconscious.... 11:23:57 the injury zimmerman sustained, reflected in photos from Sanford PD, review them? yes 11:24:12 talk with you a little about the injuries that you observed through photos sustained by martin from gunshot wound 11:24:34 general frame work for today.... talk about gunshot itself and the mechanics involved in that...... 11:25:08 evidence in this case, describe for jury what you saw when you looked at photos from the clothing and the wound to his skin, the gun shot or tattooing referenced in autopsy report, put it all together? photos show contact discharge of weapon against clothing, agree 100% with firearms examiner, at time of discharge, against clothing, tore clothing, soot all around, know the muzzle was in contact with clothing.... firearms examiner said it 11:26:29 look at the wound in the chest, different picture.... circular punched out wound, lay in area of powder tattooing 2x2.... marks on skin due to powder that comes out of the muzzle of gun... not powder burns, means whole bunch of things 11:27:14 when bullet comes out, mark and reaction, reddish..... marks are called powder tattoo marks... stippling. indicates that grain of powder hit skin and person was alive at the time, don't get that in dead people... distribution 2x2... certain density in the tattoo marks, not against the skin.... more than an inch away. based on concentration and the size of pattern, muzzle of gun was 2-4 inches away from the skin.... the barrel of gun was against the clothing but clothing had to be 2-4 inches away from body. 11:28:52 states 96... photo taken at medical examiner's office, showing entrance wound.... ? if you look, you'll see the hole from the bullet, punched out entrance, all around the entrance you see these little marks like ant bites..... powder tattoo marks.... redding brown the person was alive.... this indicates he was alive at time he was shot... muzzle was not in contact but had to be back... first time you see powder tattoo marks is when muzzle of 1/2 inch away, less.. you won't see.... area of tattoo gets bigger and bigger... increases in range, density will decrease.... this is very heavy density.... decreases until tattoo marks disappear..... 11:31:17 opinion to distance based on training and research? yeah, a lot of research....firearm examiners use heavy white paper and fire the gun, hole, and marks around it.... based on size and pattern give opinion from the range..... problem was it doesn't really reflect what happens on the skin..... did experiments, living animals... yes its valid.... to determine size of pattern by shooting against white paper is valid to at least 18 inches..... hand guns to rifles and shot guns and how it extends, how different types....... denser pattern, actually go out further bull powder because its stated in the report 11:33:11 exhibit is now on the screen, this is the 2 inch by inch tattooing pattern? yes sir 11:33:33 helps you to be precise with distance from 1/2 inch to 18 inches? less than 1/2 inch a hole with dense soot, no powder tattoo marks..... 11:34:11 how does pattern get broader? like a hose, the cone shape, farther you get away the bigger the spray pattern 11:34:34 water droplets just fall off, same with powder.. loses velocity and falls away 11:34:50 would the clothing, not disputed in this case.... clothing in between muzzle and skin, what affect if any would clothing have on the appearance of wounded skin? in this case none, clothing wasn't between powder and skin at time of discharge 11:35:38 hole there produced by gas and bullet.... if you had gun 6 inches away from clothing, clothing will filter out powder to a degree... in this case, clothing didn't filter that, you had a hole there and muzzle against the body.... everything coming out of muzzle was going into the hole 11:36:35 if pressed in his chest, what would you see differently? hole like that, surrounded by a halo of black soot and maybe on the skin, a grain or two of powder, but not powder tattooing... disperses the shoot, not the powder.... powder would be inside the body 11:37:11 medical examiner standpoint, hard call for you? no... this is basic 101 11:37:52 trajectory, photos of examine? no... x ray 11:38:06 reference the x ray if you wish, you know the path of the bullet through the right ventricle into lower right lung? right.... bullet hole in left chest, goes through the fifth intercostal space, space between 5th and 6th rib, went through there, hit sac surrounding heart, went through right ventricle and into the right lung.... you can see the led core of the bullet, see the jacket fragments.... bullet went front to back, left to his right because it went into the right lung, but it started on the left side 11:39:34 based on your review, must've been a slight left to right trajectory? yes. there's some, I can't quantitate it. not radical... bullet was go from his left to his right.... martins left to martins right? correct 11:40:09 standard way of describing wounds, talk left to right, deceased's view point 11:40:36 not precisely straight on? does not appear so 11:40:49 mechanics of that shot, putting together the defect on the clothing... result of contact on the muzzle, distance between clothing was 2-4 inches, not a contact.... you're understanding of Zimmerman's statement because of video, work essentially was to determine whether medical evidence was consistent with what he said happened? that's correct 11:41:39 aware zimmerman said martin was straddling him and leaning over him? yes. and zimmerman had gun in right hand? yes... describe what you know of that sequence of events? the medical evidence is consistent with his opinion/statement. reason it is, simplest thing is his gun was in his right hand.... shoot someone with right hand, natural to twist your hand, go from deceased left to right.... nature of defect in clothing and the tattoo.... lean over someone, clothing falls away from the chest... if lying on your back and someone shoots you, clothing against your chest... so the fact we know clothing was 2-4 inches away is consistent with someone leaning over the person doing the shooting and clothing is 2-4 inches away from person firing 11:43:38 clothing was wet, described as being damped.... the responding officers found an unopened can of a beverage in the front pouch of this sweatshirt.... find those facts consistent with what you saw? tend to reinforce.... clothing falls away from the body is gravity, have wet clothing, its heavier... pulling the shirt down, tends to pull away from body 11:45:03 wound itself by gap, tattooing and the face of the contact of the clothing, consistent with Zimmerman's account that martin was over him leaning 11:45:41 talk about martin's mechanics.... effect of him receiving that shot, how long he survived and how long he may have been conscious... what if anything he could do voluntarily at time of consciousness? #1 is the ability to move.... that is determined by amount of oxygen in your brain, you have a reserve of 10-15 seconds.... if right now I grabbed your heart and ripped it out, you could stand there and talk to me or walk over to me 10-15 seconds, brain controlling you.... that's minimum, assumes no blood is going to brain.... if more blood going to brain could be longer.... depends on blood pressure and how severe your wound 11:47:32 answer getting complicated, some get shot and immediately collapse and some get shot and don't know they got shot... 11:48:02 cardiac, in this case you have a through and through hole of right ventricle and at least one if not two into right lung.... losing blood, every time the heart contracts it pumps blood out the two holes in ventricle and at least one hole in the blood...... engage in struggle, heart rate increases... martin was healthy young man, if he's in struggle heart going/ beating more than 100 times a minute.... 11:49:08 every time heart beats, out comes the blood... say he's only beating 100, slow... loses a tablespoon of blood every time heart beats.... that's not much, 15 CCs, heart beating 100... losing 1500 CCs in a minute... quarter of blood supply.... second minute, lose another 1500.... lost more than 50% of blood supply.... 11:50:16 he's not pumping sufficient blood to anywhere, reached point where he's going to die.... assuming these conditions and all probability, nothings 100%... he's going to be dead within 1-3 minutes after being shot in this case.... heart effectively pumping blood, still get electrical activity, but not pumping.... how long as he conscious, significantly shorter than time necessary to die wouldn't have sufficient blood to brain 11:51:23 best you can give in estimates 11:51:33 in training and experience, familiar with incidents where individuals received similar or more serious and could still talk, move, voluntary actions for 10-15 seconds? yes, 12 gauge shot gun at point black range... heart was shredded, rain 65 ft. before he collapse 11:52:33 being shot in heart itself, quickly losing blood? nothing else than that..... not same as being shot in head? right. swat team immediately immobilize someone is to shoot in head 11:53:18 15 seconds capable of movement? potential for 10-15 seconds. moving arms from outstretch to underneath? Objection! SUSTAINED 11:53:49 could that include moving arms from outstretch to underneath in those 10-15 seconds? yes 11:54:10 lose consciousness, lose ability for voluntary movement? oh yeah... not feeling pain? correct 11:54:38 talk about the injury to martin's knuckle, remember in the photos an abrasion on left hand 4th finger? 1/4 by 1/8 scrap. agree its abrasion type? it appears to be 11:55:08 consistent with coming in contact with hard surface or impacting another surface? impacting another surface. concrete qualify? yes 11:55:35 would you expect to see bruising on knuckles if punching were going on? depends on what part of body you punch, softer portion you may not see it... may have been bruising that we didn't know about, doesn't make a difference.... too variable 11:56:29 take blood pressure to get bruising? yes. once blood pressure goes, then you don't have bruising.... can't bruise a dead body 11:56:52 in this instance, martin lost blood pressure very quickly? yes 11:57:02 dr. bao looking for bruising, better course would be to take a look internally? right 11:57:17 that was not done in this case? correct 11:57:31 move to the injuries that zimmerman sustained........ provided photos from the scene of his bloody nose? yes.... and photo taken of the back of his head showing streaming blood? yes 11:58:00 also provided photos taken later that night by Sanford PD? yes 11:58:15 talk about head trauma, mechanism of blood force injury to head? yes. what happens when hit in head by fist or concrete? well, ok.... what happened is the head wound...... say the heads fixed, made to move or is moving and stops suddenly, brain will shift... brain like gelatin, move back and forth inside cranium... as it moves, 3 possibilities, bruising by impacting the inside or you get bleeding, intracranial hemorrhage sufficient it could kill you, other type is brain cell injury..... connected through fibers which activates.... when brain moves back and forth from impact the axons will be stretched, within limited motion the way we are walking around and such.... no big deal.... if movement is violent, stretches the axons, causes injury to the wall if the movement is mild, the injury is prepared by axon... gradual increase in force like running into something and head goes forward and hits panel, so great it will injure axons and they won't be able to prepare and they die..... lot of brain cells and a lot of connections, can lose a good number and still be alright... at some point you'll have impairment and die 12:02:11 impacts like concrete, worry about intracranial bleeding and the axonal injury.... more bleeding than axon injury... always dangerous... if you hit your head here on the floor, carpet it absorbs.... if your head hits concrete, dangerous... but to kill somebody sure if you banged them hard enough.... didn't impact brain significant, still have stunning effect..... football players with concussions is just axon injury... could get mild concussion.... fall and hit your head, don't lose consciousness, appear stunned..... 12:03:45 stunning goes to concussion to injury..... stunned from the impact... better than concussion 12:04:07 progression depending on how hard the impact? yes and how many times, how much force is used.... if you get head hit against concrete with sufficient force to tear the scalp, you're going to be stunned..... not that common... hair cropped or bald removes the cushion... lacerations there's some trauma 12:05:08 talking about lacerations to the scalp, zimmerman had 2 lacerations to the back of his head, states 76..... identified as the photo taken of zimmerman that night, Jonathan manalo... evidence bleeding to head? yes two sites on the head 12:06:24 later saw pictures where blood was wiped away? right 12:06:42 take a look at 74.... what do you see in this picture? bruise on left side, not a good photograph 12:07:56 do you see in this photo what looks like 2 separate areas of swelling? yes... injury here and here, represent lacerations since it looks like clouded blood.... valley, impact site is swollen and then this is swollen here... this is not swollen, two separate impacts two different lacerations with area in between not swollen.... bleeding under the scalp 12:09:19 lump they get after hitting head is blood as opposed to another fluid? yes its blood.... 12:09:36 talk about curvature of the head, why its two separate impacts? real simple, unyielding surface, circular area hits it.... flatten on contact, you can see if it was one impact it would be swollen between the two 12:10:22 commented earlier, not easy to get laceration from flat object? yeah because it takes a force... everyone bangs their head, you don't get laceration 12:10:47 mechanism where laceration occurred? one is if direct impact, crush the skin and as you crush it and push inside the impact, get a tail... if you hit it at an angle so you slide, the surface holds it, and the rest of it pulls against that... so you tear, laceration is nothing but a tear.... 12:11:45 exhibit 57.... anything here that shows what you're talking about? see the swelling here and a little valley here, swollen here and swollen here... laceration here and a blood clot over the lacerations..... one of them is almost an inch and the other is 1/5 of an inch 12:12:33 laceration significant? in this case.... marker of force, real bad laceration rarely rarely.... people bled to death.... not this type of laceration.... indicates you had severe force, not just a bump 12:13:11 possible to have head struck on something hard enough to ring the bell, stun you and not leave mark? oh sure, see that in abused children.... not a mark on their head, but skull fracture 12:13:50 the presence of the injury on the outside, doesn't mean there wasn't additional impact or the impact was minor? you can get severe head trauma without any marks, or you can get marks and have head trauma.... more commonly you have trauma, but can get it without mark 12:14:30 amount of force necessary to cause those injuries, enough to cause stunning effect? oh yes. don't need to have a laceration or big bruise to..... get stunned.... medically referred to ultra-mild concussion... experience that when you hit your head 12:15:19 if you sustained a stunning blow like this and continued to receive additional blows to the head, would the additional blows continue to cause stunning effect? yeah. 12:15:46 short period of time, get multiple other concussions, people have died..... recognized syndrome 12:16:06 could be accumulative just that night into multiple stunning effects leading to concussion? oh yeah..... I'm using stunning because it's just a mild concussion.... not incapacitated, not knocked out.... hit head hard is stunning 12:16:55 there has been some discussion in testimony about punctate abrasions.... punctate in this photo? right here.... reddish markings, indicates impact with a flat surface that was not smooth 12:17:46 would concrete from every day sidewalk have that surface? yes 12:17:58 consistent with his head impacting a sidewalk? yes 12:18:17 punctate abrasion is around the temple? right, it's not smooth.... area here and here and here and here 12:18:36 noticeable lump higher up? right over here.... consequence of impact? yes.... a knot... hematoma 12:18:58 associated with the impact that caused punctate abrasions? yes sir 12:19:08 could that then be caused by 1 or more impacts with the sidewalk? yes sir. 12:19:22 let me show you states 70, a view of the right side of Zimmerman's head, see anything here that would suggest impact with a fist or sidewalk? start to see punctate and adhesion over here 12:19:55 another photo of same side, 71.... ? injury here, reddish areas 12:20:15 other side of the head, 73.... approach the witness? oh I can see its not problem 12:20:38 in this photo with blunt force trauma? marks here too, assume a print photo would show better, some punctate marks here. approach witness briefly? YES YOU MAY. 12:21:20 right here, you see an arch of punctate of abrasion, pile here and another arch.... hematoma anywhere? suggested, but not as distinct as other side 12:21:58 this area above the ear? swollen in that area, hard to say definitely 12:22:14 consistent with swelling as blunt force trauma? yes 12:22:25 this general area here? right 12:22:53 have seen exhibit 79... first photo taken at scene? yes. what signs of trauma do you see? have to look at original, this appears bruised... look at outline... swelling and abrasion there.... 12:23:39 if you look at this, see the congestion in nose and the abrasion, outline here is smooth and here it bulges out and comes back... compare to another photo, this is consistent with possible fracture.... next photo a few hours later, this swelling is not as prominent... that's what ENS thought he had a fractured nose 12:24:42 injury consistent with being punched in nose? yes sir. 12:24:53 exhibit 48.... take several hours later..... point out what you were referring too? swelling appears to be gone, it can't be gone if just blood... suggestive of fact he had displaced fracture here, when examined by ENS they just pushed it back in either consciously or not... held there by muscle 12:25:47 if displaced or not or even fractured, does trauma consistently show being struck in the face? right and of course another blow here 12:26:15 states 72.... part of forehead you were talking about? right.... vaguely see this line here, and another... when you look at the prints they're redding markings..... those are redding areas, not consistent with concrete, more like a punch than concrete 12:27:16 skin is intact, injury underneath skin.... something that doesn't wash out? oh no it doesn't wash out... underneath the skin 12:27:36 would it likely be a different impact than the one that caused injury? yes too far down, not the same thing 12:27:52 more to the right, see evidence there of some sort? right. mark like this and then mark here.... photograph myself.... 12:28:29 separate red mark on forehead? this and this are same impact.... I think you have 6 ID injuries, 2 lacerations on back, impacts on temple, that's 4, nose is 5 and the forehead is 6..... 12:29:12 may there also have been impacts that for one reason or another, land but didn't manifest in injury? Objection! Speculation! SUSTAINED 12:29:34 in a fight situation where someone may be resisting attack, expect them as being pushed to concrete to resist by trying to sit up? I would assume so 12:29:59 possible there may be other impacts, not as pronounced, some ability to resist? Objection! Speculation! OVERRULED 12:30:19 the head wasn't clean in some photos, definite evidence of 6... doesn't mean only 6, but the 6 I can say. moment? YES YOU MAY 12:30:53 (sidebar) 12:31:51 LADIES AND GENTLEMAN, RECESS FOR LUNCH. NO DISCUSSIONS. NO REPORTS. NO ELECTRONIC DEVICE. NO SOCIAL MEDIA. NOTEPADS FACE DOWN... RECESS UNTIL 1:30 12:32:53 FREE TO TAKE LUNCH BREAK, BE BACK AT 1:30, DONT DISCUSS TESTIMONY 12:33:08 COURT IN RECESS UNTIL 1:30 ======================================== George Zimmerman's defense attorneys are flying through their case, and could finish as early as today. They plan to drive home their view that Zimmerman acted in self-defense when he shot and killed 17 year-old Trayvon Martin. On Monday, Zimmerman's lawyers called a string of witnesses who all identified the screams heard during a 9-1-1 call as those of Zimmerman. They also called Trayvon Martin's father Tracy to the stand to respond to testimony from the lead detective that Martin initially said the voice screaming was not Trayvon's. Martin said he never said it wasn't his son, just that he couldn't tell. After repeatedly listening to it, he says he became certain that was the last words of his son before he was killed.
Footage Information
Source | ABCNEWS VideoSource |
---|---|
Direct Link: | View details on ABCNEWS VideoSource site |
Title: | ZIMMERMAN TRIAL POOL 070913 P1 |
Date: | 07/09/2013 |
Library: | ABC |
Tape Number: | NYU122586 |
Content: | INT BROLL GEORGE ZIMMERMAN TRAYVON MARTIN TRIAL / SWITCHED POOL FEED NOTE: Do not use any pictures of the Trayvon Martin gunshot wound shown during this morning's court testimony.It was from his autopsy and was inadvertently broadcast. Under FL law autopsy photos are exempt from public record We cannot show the picture when it was displayed or when it was in the hands of the witness **NOTE: JUDGE'S COMMENTS IN CAPS **NAMES OF WITNESSES IN RED **VISUAL DESCRIPTIONS IN (PARENTHESES) **GOOD STATEMENTS/VIDEO BOLD 8:31:06 PLEASE BE SEATED. GOOD MORNING.... (defense team is not present) 8:31:37 ON THE RECORD.... STATE VS. ZIMMERMAN 8:31:56 omara: issue of the animation, deposition last night that focused the inquiry, state still has issues... not so much admissibility but applicability to the facts 8:32:19 mantei: supplemented original issue.... daubert issue and early concerns.... part 3 of the witnesses deposition... now done from states perspective, move from witness creating exhibit that represented physical evidence and police reports and witness statements... changes from animation taken to fit to theory who has yet to testify to it... now a daubert issue, simple representation and physical items to create an essentially animated picture or theory that di maio discussed with witness Saturday after shoemaker was deposed twice but before di maio's deposition 8:34:04 because of what came out in that deposition, expand hearing to include daubert hearing... daubert-Frye-pierce hearing, all issues need to be flushed out... filed supplemental motion accordingly... witness had other still-pictures and a computer diagram, haven't gotten those physical things from the witness..... apologize for telling the court we want what was said we didn't want yesterday, but given yesterday I believe it is 8:36:53 (judge nelson reading the motion) 8:39:10 DEFENSE RESPONSE? 8:39:17 omara: factual response first, concern evidence by the state addressed one fact issue that is undisputed... dr. shiping bao and our medical examiner expert... gunshot entered at 90 degree angle, closet to a straight through shot... no dispute as to that fact... the state's concern, attended to making of the animations.... well aware of deposed and given copies of.... added to that fact, the potential of the distance from gun to body.. only distance he would give was 0.4 to 4 ft. other witness says 2-4 inches 8:41:09 states concern with that, fine with not using that still... not part of the animation, use in closing as demonstrative... withdrawn to make sure that was clear 8:41:34 underlying fact the state suggests concern with the positioning of the bodies when the shot was fired... gun and body at 90 degrees, not know and depicted in animation as probable positioning is what I guess is in issue... body and gun together........ only eye witness testimony when he saw it... left a few seconds before..... state can argue to the jury something different.... it happened, based upon evidence and shiping bao's testimony, animation that has bodies in that position, suggest what they want... don't believe and never seen evidence admissibility having some argument that it may have happened differently 8:43:30 I don't understand why that makes it a Frye or daubert admissibility concern.... it is specifically in line with facts of evidence and how things happened.... if we were to go through a daubert piece Frye standing...... not certain, I know they talked but didn't come up with anything different to john good's testimony 8:44:35 saying now it's just based upon what we talked about... no its based on 90 degree angle.. 8:44:54 what you'll see is it is more than animation, series of stills... response to states concerns in the past... took out animation and placed with a still.... movement of the arms.... SORRY TO INTERRUPT, JUST START WITH HEARING AND GIVE ARGUMENT AFTER THAT... DEFENSE HAS BURDEN, CALL FIRST WITNESS 8:46:37 (sworn in) 8:46:48 name? daniel shoemaker... address? California. name of company? contrast forensic... type of business? crime scene accident reconstruction.... I take reports and photos from the scene.... I take all of that and put into context for the recreation 8:47:40 how you got into this business? information graphics for fortune 500 companies. when that began? 26 years ago. who'd you work for? viewcom systems in Ohio... did corporate presentations for tire companies in Akron 8:48:25 the days before PowerPoint? days before desktop computers.... a lot of art graphic work, poster presentation? we had a sophisticated computer and it did slides. how long with them? 5 years. position? senior artist 8:49:01 you would take on a project, create the tools? work with the client on modifications... any formal education in this area? bachelor in fine arts. 8:49:38 advertising and marketing, corporate identity 8:49:48 graphic presentation to audience? yes, the best way... various ideas and procedures. 8:50:00 for 5 years? yes. and then? to California, same thing for a lot of companies in bay area 8:50:15 contract basis? worked for company, senior artist. which company? dolphin multimedia. same job description? similar job as in Ohio... being in bay area, more access to up to date software, more up to date technology 8:50:55 any difference in first five years to now? main difference is doing a lot of information graphics for governmental proposals.... information graphics for governmental proposals and information graphics of crime scene recreation for attorneys. how long in Cali? 13 years. 8:51:50 name changed? contrast design to contrast forensic. owner/sole proprietor... 8:52:07 type of work you focused on? initially started out by working with attorneys on designing their information, court room presentations were a bit below that..... gone from information graphics to attorneys like that to drawing crime scenes... progressed quite a lot to the point with the equipment I'm using now 8:52:59 what type of software or hardware was available to you when you started? mostly drawing out a scene.... scale and accurate, mostly 2-D.... from there it's gone to 3-D to the point where the reconstruction and the software got more sophisticated.... start with you going out to scene with tape roller and get a measurement? yeah 8:54:06 software I use, I have two kinds for using my total station data.......... aras 360.... 8:54:34 start with foundation point, total station.... bring us back to an idea when you walk onto a scene and what do you create? progressed from tape measure to robotic laser, set up on tripod and measure crime scene... series of points and 3-D space 8:55:25 used now by law enforcement? yes and road crews 8:55:38 set up that laser here, bounce off points in court room and have a data configuration of the entire outline of the court room? two types... type I have is point by point... I lay out 2-500 points in a scene... I walk around with a pocket computer and prism, everywhere I go hit the computer point where I am... laser follows me around... creates a point cloud of the whole scene..... 8:56:50 how does that compare to total station software? how does what compare........ total station gathers data and then export to aras 360....... 8:57:28 once you get that information, what you do to see if information is there? look at the data and examine it, another piece of software that I have... visual statement, between those two... 8:58:10 within context of aras 360, gathering environment digitally... motion capture suit for gathering....wireless, accelerometers... capture movement accurately and bring into the scene.... accuracy of the scene 8:59:16 give court examples for the motion capture suits... in other cases? use a few ways, I use it.... a month ago I had to go to impound lot, death in a vehicle... get into vehicle and it still sees the movement.... typical one has balls on the suit with high speed cameras following it, but the cameras won't follow behind the wall or into the vehicle..... my suit is I can take it, accelerometers to measure my movement 9:00:51 perfect for court because it gives you a running log of all the movements..... somebody hits something and cause damage.... do the same action from the accelerometers see how much force I used 9:01:24 what software exists behind those suits to interpret that and make it relevant to presentation? software that came with suit, engineers that developed it... not only used it for motion capture but also biometrics for physical therapy, monitor movement from day to day 9:02:07 put on those suits if I had range of motion problem and the suits will measure progress? yes, printout of all the movements 9:02:26 software the interprets the movement of the suits, criteria that can be put in to determine force, speed and effect of objects moving through space? yes, could do that in the reconstruction 9:02:56 how this suit gives data for recreation? put on the suit, still considered crime scene... didn't want to disrupt it... t vac suit to protect the scene, somebody opened the door tried to pull the person out.... he reached for a gun and shot him.... shot the person coming into the car? yes 9:03:49 very good use of the suit, had an attorney pull me out and record it in real time 9:04:06 what you were able to recreate? in the truck? yes..... 9:04:27 I had accurate measurements of the truck, recreated the truck, my movements fit well within the truck, exports motion file.... bring into 3D program... map their movements onto figure that matches the person involved... map onto the person's skeleton 9:05:11 how do you get size of person to be accurate? from police reports and coroners reports 9:05:23 does the software recreate body in proper proportion? doesn't do any simulation, I just have a figure that I size to the size that I need.... 9:05:50 can specify what height the person is... weight? weight is more the appearance from photos 9:06:05 helpful and do you have another sample of the car one? I have another sample 9:06:22 happened in a sams club parking lot........... 9:09:33 since it's just the court, approach the bench and you could see off the computer screen? FINE YOU MAY BRING IT UP HERE... COUNCIL APPROACH 9:10:15 this is a sample of a motion filed from the scene... how is the scene recreated for the background of event? in software. where did information come from? security camera, placed vehicles where they were in the video, better representation than the security camera 9:11:04 about to see the animations, how does the movement get placed into environment? import from motion capture software. 9:11:28 how does it get placed in right location? move figures around based on scene. come up with alternatives based on witnesses and evidence? yes, can't change movement, just the location of figures 9:12:28 graphic information from witnesses and evidence? yes 9:12:37 say that the movement of the person, how do you decide the speed? timed from security camera..... nothing further as far as that... OKAY THANK YOU 9:13:06 chance to look at that animation, anything different in the software you used in that representation than one in zimmerman case? zimmerman case was more total station data, data that was provided from DA's office 9:13:43 are there any course work or training programs you go through to enhance your abilities for this work? both in aras 360, classes through that and trained through that. only required to go through 1, but I've gone to 3 total station 9:14:24 software that law enforcement uses? total station is the piece of equipment 9:14:38 total station information available from law enforcement in this case? correct 9:14:52 who does the training for that? software companies train 9:15:03 most recent time you took training? training in those courses, a couple years... on my CV 9:15:22 aras 360 software, continually update my skills... webinar every Friday that I watch. any significant changes in program or still the same? still the same, maybe an update every 6 months 9:16:00 training and certification on using the software and using it with total station. 9:16:20 have current version of software? yes. up to date with that software? yes 9:16:34 creating computer graphic animations? luxology modo... whats that 3D software? creating 3d scenes, used for animation movies. 9:17:17 allow you to present environment or frame work? yes and create the scene 9:17:42 start putting in elements? yes. how are they accurate? measurements from total station data.... 9:17:59 bounce off points and import into program? yes..... also one part is I have a helicopter, didn't use in this case... just a drone, take photo of scene I have the data points from total station and it'll lay it on or drape it onto those points, accurate out door reconstruction of the scene 9:18:46 bird's eye view, more accurate data points? yes 9:19:02 opportunity to create animations and testify as expert? yes. what period of time you did that? ongoing for last 13 years... criminal and civil cases 9:19:30 first time you created animation in court case? 2009 9:19:46 tell the court, have you ever gotten to point where animations were utilized in court? yes. experience you had in civil and criminal settings with your testimony? I used motion capture suits for animation but to verify a person's position, did one a few months ago... in a vehicle, shot through window, show a couple more times... which were done in the car... verify his position when 3 shots were fired 9:20:48 explain how... name for motion suit? initial motion capture suit. IMCS 9:21:20 matched vehicle used and recorded movement getting out... in the figure that matched the victim, put in the rod to match bullet trajectory... looked at positions getting out of car to see which positions the trajectory should be 9:21:55 talk in context....? calibrate at beginning of recording. for accuracy? yes. 9:22:24 doing movement, but computer gathering data on 16 points that are moving? yes. computer may not know it's a body, just 16 points? in real time on computer, there's a mannequin 9:22:59 not the exact video of the driver moving his arms, but rather you decided how the body moves, how do you address that frailty? look at certain things you know from the discovery, bullet trajectory, opening of the door, physical characteristics of the truck... look at scenarios to find which one matches the scene and evidence and discovery you have 9:23:48 do an animation at the point you created is specific? Objection! 9:24:02 consideration based on evidence know to you at the time? yes. modify animation to match witnesses or other things you've heard? yes, whatever's more accurate 9:24:23 put on the suit, software allows you to change configuration of body for height? yes. how do you look at body size to accomplish that on the program? most done through photos from reports 9:25:06 take measurements of those photos, ratio comparisons and put on the mannequin? yes measurements from reports.... any measurements you can take. 9:25:35 also look at photographs? yes 9:25:52 I come in after the fact, have to rely on police photos taken from the scene.... don't have certain measurements, but you may have one measurement of an item in a photograph... 9:26:22 how does that assist you with measurements? one known object with measurement you can figure out other items 9:26:50 I can tell how far from the wall you are.......................... lay down a plane in the software if you know one measurement apply to the grid and extrapolate the evidence 9:27:26 don't know the algorithms or math behind it, has been certified to work? yes 9:27:42 this type software, does that have application in entertainment industry? yes. suit I have was used in avatar, iron man, x-man... used in creating characters... also used in madden football... record suits and apply the figures 9:28:27 iron man is placed on top of him in the movie? in the computer the 3D program 9:28:42 talking about your experience in testifying... how many times in court your animations were presented? need CV? yes. moment? YES 9:29:19 come back to your CV.... experience in testifying for the animations. use of suits and presentation in court? most work since I acquired the suit in 2008.... probably 20. 9:30:00 types of cases you worked on and what courts? also on my CV, list of the counties 9:31:35 type cases and court rooms you presented? 59 criminal trials, 21 civil trials... declaration or testified in 20 of those.... 9:32:15 trying to figure out shooting incidents, worked with department of justice and police officer related shootings, stabbings, it varies quite a bit. 9:32:36 in each of the 59 cases, take on data and graphic presentation? yes 9:32:49 are we now talking about spectrum of murder cases, know the charges or just the information? sometimes told more detail and give creation from the evidence 9:33:17 what percentage for defense and prosecution? 100% on the defense, has to do with defensive police officers and police officer involved shootings 9:33:43 if the department of Justice with a civil case against them or a shooting occurred, work with them on that and presentation of their material 9:34:13 presented testimony in court in any of the criminal cases? presented personally or... after being qualified, you personally? probably all 59 9:34:48 qualified as expert various counties.... 16 counties here... all in California? yes 9:35:20 are these counties in which the courts authorized you as an expert? all the courts where my information was presented, all qualified, never denied 9:36:00 (listing counties) 9:36:47 have you ever testified in Florida before? no. outside of California? no. how long have you had motion suits? since 2008 9:37:04 in those counties, which counties were you... did you testify in those counties or was the information you created presented? both... my information was through either as expert testimony or a declaration... sometimes my material can be testified to by another witness... 9:38:01 I just speak to the accuracy of the creation... 9:38:09 have you testified in court concerning accuracy and methods used to create? yes. 9:38:24 what counties and types of cases you've testified to? I don't have a listing ..... what cases have you testified to in court, what types of cases? all the ones I've testified in court have been criminal trials 9:39:06 what you testified to and the animations? plasa county, shooting reconstruction, position of shooter and victim, the order of shots.... testify? yes. expert in this area? yes. 9:39:58 another case? contracusta county, determine position of the person from the 3 shots... determine there was only 1 through window and the other 2 were outside vehicle. expert? yes. 9:40:34 one more from another case? a couple down in Marino valley, two of them actually... one was inside house, threatening suicide, police officers responded and they were waiting at corner of garage waiting for him to come out and another officer was looking out to the street and the other office was looking at doorway, determine who shot... which officer and the position of person in house.... in my reconstruction, person in house was on floor in kitchen... two counts of murder to police officer... in house the entire time. police said person came out with gun, fired 3 shots, partner turned around and shot the partner in elbow... which shots came first and position of door....... second series, position of the door... no way someone came through door when shots went off, tight space outside the door he would've been hit, had to be in the.... 9:43:08 accepted in the court? yes. give evidence to the jury in that case? yes 9:43:24 other cases where you've been attempted to qualify as expert? no. in all 59 then, by affidavit, declaration, give your testimony to what you created? declaration or testimony was 20 cases, never been disqualified 9:43:59 experience on civil side similar? mostly info designed for attorneys to present to jury 9:44:13 any civil that went to jury? not in civil trials 9:44:35 zimmerman case? first became involved toward end of April... initial conversation in august, but my first meeting with attorneys was end of April 9:44:58 in 2012? yes. went through medical condition that took you out of sorts for several months? yes. all resolved? well se 9:45:14 back to work, talked in April this year? yes. what information did you gather and review, what tasks given on behalf of this case? to do a reconstruction of the scene with the information we had and creation of an animated timeline... 9:45:50 inside your qualifications? yes. not a lot of opportunity to have live audio of the occurrence, different in this case 9:46:23 unique because we had audio evidence, real time available for your recreation? yes, helps with the timeline 9:46:39 similar to security camera makes its more accurate? yes. video surveillance not in this case? no 9:46:59 what information did you gather to assist you in the work? discovery from DA office, photos, reports, audio from 911 calls, questioning at PD of witnesses... depositions? yes. photos from scene and total station data 9:47:48 any information you needed to create animation that you did not have available? use of motion capture suit at the scene, not available to me... made two visits to the scene 9:48:16 came back to utilize motion capture suits? yes. when that was done? second week in may 9:48:40 explain what you do then, who did it, how you assure accuracy? good where I can interact with suits at the scene, 9:49:26 7 points that were labeled windows and they were not in position to be windows.... laser bounced off and was different than what it was? yes... laser pointed up to 2nd story window, went through tree and picked up branches... 6 points on one side and another point that are in the wrong location, not to use it 9:50:20 address that or fix it? I didn't manipulate the data, just didn't use them 9:50:41 any other measuring of the scene now that you're on scene? matter port scanner.... sets up on tripod, has a little computer and cameras.... one that takes photos and another one takes infrared for distance 9:51:19 iPad interface, twirl in 360 and scan around scanner, walk it through the scene... captures intricate parts of the scene as well as textramap of the photos 9:51:49 helpful to get the slope and positioning of buildings and sidewalk. more accurate that total station then? yes it added to the total station data, verified the scanner with the total station data so it all matched 9:52:31 did matter port allow for better graphic representation of the sloping? yes. total station had not done that? didn't measure very many points.... mainly measured the drains and sprinkler fix... didn't do measuring of slope 9:53:08 matter for even more accurate rendition of sloping of ground? yes 9:53:25 SHOEMAKER STANDING FOR AN HOUR NOW.... I THOUGHT IT WAS GOING TO BE SHORT, WOULD YOU LIKE TO TAKE A SEAT SIR? how much longer.... omara: drag him back down here in a moment, so I'll move it along 9:53:58 go to scene to start working on project? correct.... motion capture suit, who did them and frailty of others using it? a couple volunteers from your law office that put the suits on, timing for scenario where they were on the ground, used audio on the 911 call to time it with shot of the gun 9:54:46 also john good's statements and deposition testimony? yes. used for the positioning.... information from Ms. mora, saw zimmerman on top of martin after shot? yes. assist in your creation? yes 9:55:18 also have Lauer 911 audio, has a shot and matter of time before shot? yes. 9:55:36 what other information? Ms. Lauer's police report. she first heard altercation at the T? yes. and Jeremy's? yes 9:55:58 created poster graphics, stills of the scene based upon that testimony as well? yes. recently removed Jeremy's statements since he didn't testify? yes 9:56:24 modifying animation and the posters to come in mind with actual trial testimony? yes. as disclosed to you by me? yes to get most accurate representation of it 9:56:47 able to create animation based on info available to you? yes 9:56:57 sources of that information, seen discovery- witness, depositions, autopsy, reports.... also diagrams made by witnesses and other information in discovery? correct. 9:57:36 a lot of information from defense? yes. extraneous to recreation but to see if it was relevant? yes 9:58:03 conversations with me and others on my behalf for the creation? yes 9:58:13 sources of information? everything you mentioned. anything else? my going to the scene and scanning the scene during motion capture 9:58:41 anything you would have liked to have had in creating the posters that was not available to you? I believe I had everything I needed to create the scene 9:59:06 present the animation.................... 10:00:33 BRING UP TO THE BENCH AND I'LL LOOK AT IT UP HERE.... 10:01:40 (video playing on shoemaker's laptop, audio of 911 call.... no visual of the video) 10:02:47 there are posters that he created.... mantei: new ones? omara: some are new.... 10:03:22 advise the court what this is and how created? from 3d image of how it was created, to explain location of markers...... where'd you get the markings and put at that location? straight from total station data, also have a flat 2D illustration of the scene. incorporated as well? yes 10:04:15 basically the same thing, different view. 10:04:33 to show the slope.... 10:05:28 this is just to show photographs from discovery of what was at those markers 10:05:42 different parts of different items, where located and top left hand corner... imported and picture we gave you? yes. 10:06:12 IN THE MIDDLE? from the point of view from good. to the left is good head? his ear... taken with 50 mm lens in the software, closely resembles what a person will see 10:06:42 line going above the case, distance measurement? edge of porch to marker number a 10:06:58 what it looks like? 49.5 mm., rounded to 50 10:07:10 perspective one would see as humans looking at it? yes that's how they would appear 10:08:06 john goods to the left? yes 10:08:15 states what john good testified in trial regarding what he saw and the peoples descriptions? yes. yes 10:08:34 that is Ms. Mora's testimony in trial to what she saw from her column? yes. 10:08:52 what she would see from her location? yes 10:08:57 in these photos I didn't try to reconstruct the lighting, more important to see detail.....frailty of the posters, lighting was nothing for this evening? jury would have a hard time seeing detail 10:10:07 moment? YES 10:10:34 PROBLEM THEY'RE HAVING IS WITH THE APPLE COMPUTER, CHECK IT OUT OVER LUNCH... get his presentation on a PC. ANY OTHER QUESTIONS? just briefly: have been doing this graphic information in court for 13 years? yes. has never been disqualified in court? correct. 10:11:20 awareness of industry and others who did this? only one in US with wireless motion capture suit.... older style ones available? reconstruction are using, but very rare to find one with motion capture suit, whether the balls or the wireless 10:12:21 used in video games and videos? yes 10:12:25 software you utilize, tell the court where that fits in to industry 10:12:56 how long? luxology around probably 4 years.... I believe 4.... started as version 201, now up to 701 10:13:16 ever attend seminars or conventions where others interact? yes.... 10:13:32 users group that gets together, presentations there. how often? just presented once 10:13:44 made up of people who use software on ongoing basis? yes.... 10:13:59 aras 360 gets together every Friday.... keep up on that part of the industry? yes 10:14:11 is this software accepted whether accident recreations or others? yes, highway patrol uses it... 3 basic software... visual statement, aras 360... another software called crime time or something like that.... Sanford police uses on there's 10:14:57 is the software you use the most up to date software for this work? yes,... industry standard for accident and crime scene reconstruction 10:15:18 use this type of software to do the work? mostly used in police departments 10:15:34 80% of aras 360 are police departments, others are accident or crime scene reconstructionist like myself.... user group meetings interaction? yes, get an answer at the end of the week 10:16:07 accident reconstructionist, type of software used in this industry? yes, mines cutting edge 10:16:24 more advanced, only one who uses new style of motion suits for your work? correct. are used in entertainment industry? correct and medical rehabilitation 10:16:50 limited based on expense? yes. nothing further CROSS 10:17:00 mantei: 5 minute break and the witness sit in stand? 10:17:10 COURT IN RECESS FOR 5 MINUTES ============================================ 10:24:29 PLEASE BE SEATED. IS SHOEMAKER HERE? he is. HOW MUCH LONGER IS THIS GOING TO TAKE.... JURY IN BACK SINCE 9, I STAYED LATE TO GET THIS ACCOMPLISHED....mantei: 45 minutes. NO. DO IT LATER... SHOEMAKER REMAIN OUTSIDE, CONTINUE HEARING AFTER COURT.... READY WITH NEXT WITNESS? READY TO BRING JURY IN? omara: approach VERY BRIEF (sidebar) 10:26:55 (zimmerman walking in, tan suit, white shirt, gray tie) 10:27:16 (omara talking to zimmerman) 10:30:53 (sidebar) 10:34:21 MR ZIMMERMAN, PLEASE STAND.... INFORMED BY COUNCIL THAT TESTIMONY OF DR. DI MAIO IS CARVED DOWN... DID YOU HAVE DISCUSSIONS WITH OMARA ABOUT DR DI MAIOS TESTIMONY? yes. AGREE WITH HIS REPRESENTATION NOT TO ASK CERTAIN AREAS, YOU AGREE WITH THAT? yes. HAS ANYBODY THREATENED YOU TO DO THAT? no. READY FOR JURY? west: not yet. HOW CLOSE ARE WE? need the physical evidence in the court. PLEASE OPEN LOCKER DOOR AND GET OUT WHAT YOU NEED...... 10:37:48 NOW READY FOR JURY? LET'S BRING THE JURY IN.... 10:39:59 PLEASE BE SEATED, WELCOME BACK... I APOLOGIZE FOR KEEPING YOU BACK THERE... QUESTIONS: DISCUSSIONS ABOUT THE CASE? NO HANDS RAISED. READ OR LISTEN TO REPORTS ABOUT THE HOUSE? NO HANDS RAISED. USE ELECTRONIC DEVICE FOR RESEARCH? NO HANDS RAISED. READ OR CREATE SOCIAL MEDIA? NO HANDS RAISED. 10:40:53 west: call Vincent Di Maio 10:41:27 (sworn in) 10:41:54 west: good morning.... name? Dr. Vincent Di Maio 10:42:13 profession? physician, employed in private practice of forensic pathology.... degree? yes back in 1965 in NY 10:42:39 educational background? graduated med school 1965, 1 yr. internship in pathology, did a 3 year residency, 1 year fellowship in forensic pathology, specialty board exams 10:43:39 board certification? yes... it means you've successfully completed training in specialty... taken written and practical exam and certified and recognized as specialist 10:44:07 mentioned anatomical, pathology...? pathology is branch of medicine with death from disease..... examine tissue removed from someone.... mole, breast tissue... tells your physician the disease, and tells you the diagnosis... wont contact them, physician has contact 10:45:10 clinical pathologist is concerned with tests done... blood test, urine test... 10:45:23 forensic pathologist is concerned with application to medical science and the law... function as medical examiner, determine cause of death and manner of death... individuals thought to have died of violence, accidents suicides or homicides..... exact course of death is not known... autopsy..... based on circumstances, the findings and tests done make determination on cause and manner 10:46:25 professional positions following training? having trouble hearing you..... 10:47:09 following training you've outlined, idea of the professional position you held? after training, went into army for 2 years... armed forces institute in pathology.... chief of medical legal section, then wound ballistic section... moved to Dallas, TX medical examiner there summer 1972- Feb. 1981.... became chief medical examiner for Bexar county Texas.... san Antonio...... from march 1981-until I retired Dec. 2006. 10:48:40 for 16 of the years I was there, I was in charge of crime lab... retired and went into complete private practice, doing since then... also the editor of the American journal of forensic pathology.... chairmen of Texas crime labs....... 10:49:30 director of crime lab for 16 years, role? police had crime lab, county took over when I came..... basic documentation, established DNA Lab.... usually things, drug ID, DNA, trace evidence 10:50:11 work include knowing how to package evidence that may have biological or DNA evidence? yes. but you teach the forensic pathologists, they know that even if not in the lab.... technique to packaging... 10:50:50 certain requirements when packing biological samples, wet fluids? yes, dry out material... package each in paper... if you don't let it dry and put in plastic, the bacteria love that... multiply... mold... stinks and everything deteriorates 10:51:35 well known for a while? yeah I'd say... 30 years that I know of 10:51:45 back you've done with group that monitors labs? Texas forensic science commission... yeah what does that involve? government agency.... problem with labs reported and investigated and issued a report... want tests to be done proper.... labs reporting themselves 10:52:50 in addition to professional positions, also had academic appointments? University of Texas system.. assistant professor, associate professor and full professors before I retired. what subject? pathology 10:53:21 have you in addition to your day to day work as medical examiner and work at the University as professor, published any books or articles? 88 articles and 13 book chapters and then I've published 4 books.... first was gunshot wounds, wrote myself... published in English, French and Spanish... forensic pathology with my father, he's deceased now... third book was handbook of forensic pathology wrote with a colleague, 4th book is excited delirium syndrome... I'm the junior author of that book, wife is senior author.... 10:54:51 your work in gun shots.... first book you wrote, updated over time? 2 editions published and the 3rd edition is going to the publishers in another week or two.... 10:55:17 describe for jury the purpose of focus of that book? book starts out instructing about fire arms, wounds, riffles, hand guns, how to do an autopsy, collect evidence and what you can do with analysis 10:55:51 gunshot wounds, how a pathologist could learn things like the distance from the shot? right, contact, near, loose, distant... range, nature of wound 10:56:20 work you've been doing your entire career? yes, very strong interest in gunshot wounds 10:56:35 written 13 chapters, in others books? correct. how does that work? solicit me to write the chapter 10:56:55 are some of those books more comprehensive look than what you wrote? I don't think so... depends, chapters aren't always about gunshot wounds 10:57:23 how many of those chapters that you recall involve gunshot wounds? I think about 7 10:57:36 authored or participated in 88 peer review article? it's a scientific article submitted to journal... when the journal receives it, sends to others to see if it should be published and editor decides to publish. peers mean other pathologists? yes. published becomes available to other researches to use or educate themselves? it is.... central on computer with articles listed, review articles on the computer... essentially a library. 10:59:14 how many articles involved gunshot wounds? 35 or 37 10:59:28 over entire span of your career? these events, these writings were developed over time you worked? yes, over 40 years 10:59:52 worked in baxer county as medical examiner, perform autopsies? yes, about 9,000 and then I reviewed autopsies that were done under my jurisdiction another 28,000..... 11:00:43 called by prosecutor, typically? yes 11:00:50 as medical examiner testified in court to the autopsies I did 11:01:08 staff that helped? 4 full time, 1 part time physicians... approved for program to train fellows.... 38 or 39 approved to train 11:01:42 how many autopsies would be done in the year? 1500 autopsies and another 1500 we would just do external exams 11:02:04 last autopsy I did was in October and retired in December 11:02:14 takes week or a month to complete an autopsy 11:02:23 since 1981 when you began work in baxer county, private consultant? yes. mostly civil, a few criminal cases.... outside baxer I could testify for the defense 11:02:58 don't do many private criminal cases such as now 11:03:09 working as consultant since 2007? right 11:03:26 private practice as consultant since then? yes 11:03:33 majority of work in connection with civil cases? yes. include gunshot injuries? yes.... alleged suicides, accidental discharge 11:04:05 mentioned you were in the military? yes that's when I started my firearm research... study mechanism of firearms and review gunshot wounds 11:04:43 when I was in charge of the wound section I had another study in Vietnam, photos of those injured or killed by different weapons, attempt to study those.... 50,000 slides of this 11:05:16 mentioned microphotography... what a picture of bullet leaving gun looks like? micro flash... only this flash is very quick, take photos of things moving through air, freeze them when the flash goes off 11:05:56 take moment the mechanics of what happens when bullet fired from gun? firepit hits the cartridge case...................... gun powder burns, converted to gas... gradual pressure to build up... bullet at front, fixed in.... push out of bullet into barrel, gripped by riffling, takes a while.... during this time some gas will get around the bullet... gas in front, the bullet, and then bulk of case... barrel filled with air, as bullet goes down, pushes the gas in front and behind... first thing you get is a little cloud of gas, not big, pretty soon after that get the bulk of the gas... in that, the bullet and unburned or burning grains of powder 11:08:13 can the gas that comes out first, combined with air in barrel? will to certain degree, mostly the larger cloud of gas... column of gas and air pushed straight ahead.... hold gun against clothing, this column of gas and air tears hole and then the bullet gets to clothing and the soot gets to the clothing.... that material after hole is made comes back to the other side.. 11:09:21 hole made by gas first, followed by bullet and then followed by soot? right...... blank cartridges are not dangerous, you can kill yourself with it.... the gas form will tear through skin and muscle in your lung... you don't need bullet to kill you with contact wounds 11:10:17 written articles about head trauma? yes... one peer reviewed article, one chapter 11:10:35 blunt force trauma to the head? right 11:10:42 served as editor of peer reviewed scientific journals? yes 11:10:55 does that work include whether or not to accept submission for publication? yes I have final say 11:11:20 work you've done specifically..... expertise in firearms and injuries, have you done work for united states government? yes about 2 years ago.... US attorney's office during hurricane Katrina, police officers shot and wounded a number and killed 1.... done 1 or two other cases 11:12:10 for the marines? war crimes... testified for marine corp 11:12:20 British government? the bloody Sunday massacre.... and another case going in 2 months in Britain with a concussion head injury 11:12:52 united nations? yes. 11:13:07 jurisdictions you've testified as expert? in most states of the union, state courts, federal courts... Canada, Columbia.... by video.... south Africa, Israel 11:13:44 I don't believe we've touched upon.... state and federal? yes 11:13:56 professional awards? yes, from my medical school master teacher award, outstanding service awards...... 11:14:32 professional background and all detailed in CV? yes they are 11:15:04 defendants MM? yes. your CV? yes it is 11:15:24 offer as exhibit... ANY OBJECTIONS? rionda: we object! May we approach? YES YOU MAY (sidebar) 11:18:11 COME IN AS DEFENSE EXHIBIT 23.... 11:18:42 turn to work in this case, describe the materials that you have received for review and if you have notes reflecting that, happy to do so..... 11:19:14 material I reviewed were scene photos, zimmerman photos, autopsy report, medical records, witness statement and transcribed conversation by good, 911 calls, reenactment tape, firearm, examiner reports, and deposition of dr. rao 11:20:14 talk with you about...... opportunity to review the video recording of zimmerman reenacting the events surrounding the shooting? yes., access to witness statements? yes. reviewed all witness statements? I haven't 11:20:54 more about determining whether evidence is consistent with his accounts of what he said happened.... witness statements are all around, vary greatly... easiest way to hear is examine physical evidence and compare to defendants statements and see if consistent.... say bullet came in front, and it came from the back inconsistent 11:21:46 look at what zimmerman said and the forensic evidence which includes the pictures from autopsy, include looking at report from firearm expert who analyzed clothing? correct. two most important are the autopsy report and the reports by the firearms examiner.... secondary, scene photos... looking at autopsy and detailed report by firearms examiner.. 11:22:49 reach opinion as to the distance? yes 11:22:57 opinion from end of barrel to clothing? yes 11:23:03 what affect if any the clothing had on appearance on the skin? yes 11:23:16 well talk about those details in a moment, also talk with you about is your opinion of how long martin may have been alive, how long martin may have been conscious.....? they are different opinions because you can be alive and unconscious.... 11:23:57 the injury zimmerman sustained, reflected in photos from Sanford PD, review them? yes 11:24:12 talk with you a little about the injuries that you observed through photos sustained by martin from gunshot wound 11:24:34 general frame work for today.... talk about gunshot itself and the mechanics involved in that...... 11:25:08 evidence in this case, describe for jury what you saw when you looked at photos from the clothing and the wound to his skin, the gun shot or tattooing referenced in autopsy report, put it all together? photos show contact discharge of weapon against clothing, agree 100% with firearms examiner, at time of discharge, against clothing, tore clothing, soot all around, know the muzzle was in contact with clothing.... firearms examiner said it 11:26:29 look at the wound in the chest, different picture.... circular punched out wound, lay in area of powder tattooing 2x2.... marks on skin due to powder that comes out of the muzzle of gun... not powder burns, means whole bunch of things 11:27:14 when bullet comes out, mark and reaction, reddish..... marks are called powder tattoo marks... stippling. indicates that grain of powder hit skin and person was alive at the time, don't get that in dead people... distribution 2x2... certain density in the tattoo marks, not against the skin.... more than an inch away. based on concentration and the size of pattern, muzzle of gun was 2-4 inches away from the skin.... the barrel of gun was against the clothing but clothing had to be 2-4 inches away from body. 11:28:52 states 96... photo taken at medical examiner's office, showing entrance wound.... ? if you look, you'll see the hole from the bullet, punched out entrance, all around the entrance you see these little marks like ant bites..... powder tattoo marks.... redding brown the person was alive.... this indicates he was alive at time he was shot... muzzle was not in contact but had to be back... first time you see powder tattoo marks is when muzzle of 1/2 inch away, less.. you won't see.... area of tattoo gets bigger and bigger... increases in range, density will decrease.... this is very heavy density.... decreases until tattoo marks disappear..... 11:31:17 opinion to distance based on training and research? yeah, a lot of research....firearm examiners use heavy white paper and fire the gun, hole, and marks around it.... based on size and pattern give opinion from the range..... problem was it doesn't really reflect what happens on the skin..... did experiments, living animals... yes its valid.... to determine size of pattern by shooting against white paper is valid to at least 18 inches..... hand guns to rifles and shot guns and how it extends, how different types....... denser pattern, actually go out further bull powder because its stated in the report 11:33:11 exhibit is now on the screen, this is the 2 inch by inch tattooing pattern? yes sir 11:33:33 helps you to be precise with distance from 1/2 inch to 18 inches? less than 1/2 inch a hole with dense soot, no powder tattoo marks..... 11:34:11 how does pattern get broader? like a hose, the cone shape, farther you get away the bigger the spray pattern 11:34:34 water droplets just fall off, same with powder.. loses velocity and falls away 11:34:50 would the clothing, not disputed in this case.... clothing in between muzzle and skin, what affect if any would clothing have on the appearance of wounded skin? in this case none, clothing wasn't between powder and skin at time of discharge 11:35:38 hole there produced by gas and bullet.... if you had gun 6 inches away from clothing, clothing will filter out powder to a degree... in this case, clothing didn't filter that, you had a hole there and muzzle against the body.... everything coming out of muzzle was going into the hole 11:36:35 if pressed in his chest, what would you see differently? hole like that, surrounded by a halo of black soot and maybe on the skin, a grain or two of powder, but not powder tattooing... disperses the shoot, not the powder.... powder would be inside the body 11:37:11 medical examiner standpoint, hard call for you? no... this is basic 101 11:37:52 trajectory, photos of examine? no... x ray 11:38:06 reference the x ray if you wish, you know the path of the bullet through the right ventricle into lower right lung? right.... bullet hole in left chest, goes through the fifth intercostal space, space between 5th and 6th rib, went through there, hit sac surrounding heart, went through right ventricle and into the right lung.... you can see the led core of the bullet, see the jacket fragments.... bullet went front to back, left to his right because it went into the right lung, but it started on the left side 11:39:34 based on your review, must've been a slight left to right trajectory? yes. there's some, I can't quantitate it. not radical... bullet was go from his left to his right.... martins left to martins right? correct 11:40:09 standard way of describing wounds, talk left to right, deceased's view point 11:40:36 not precisely straight on? does not appear so 11:40:49 mechanics of that shot, putting together the defect on the clothing... result of contact on the muzzle, distance between clothing was 2-4 inches, not a contact.... you're understanding of Zimmerman's statement because of video, work essentially was to determine whether medical evidence was consistent with what he said happened? that's correct 11:41:39 aware zimmerman said martin was straddling him and leaning over him? yes. and zimmerman had gun in right hand? yes... describe what you know of that sequence of events? the medical evidence is consistent with his opinion/statement. reason it is, simplest thing is his gun was in his right hand.... shoot someone with right hand, natural to twist your hand, go from deceased left to right.... nature of defect in clothing and the tattoo.... lean over someone, clothing falls away from the chest... if lying on your back and someone shoots you, clothing against your chest... so the fact we know clothing was 2-4 inches away is consistent with someone leaning over the person doing the shooting and clothing is 2-4 inches away from person firing 11:43:38 clothing was wet, described as being damped.... the responding officers found an unopened can of a beverage in the front pouch of this sweatshirt.... find those facts consistent with what you saw? tend to reinforce.... clothing falls away from the body is gravity, have wet clothing, its heavier... pulling the shirt down, tends to pull away from body 11:45:03 wound itself by gap, tattooing and the face of the contact of the clothing, consistent with Zimmerman's account that martin was over him leaning 11:45:41 talk about martin's mechanics.... effect of him receiving that shot, how long he survived and how long he may have been conscious... what if anything he could do voluntarily at time of consciousness? #1 is the ability to move.... that is determined by amount of oxygen in your brain, you have a reserve of 10-15 seconds.... if right now I grabbed your heart and ripped it out, you could stand there and talk to me or walk over to me 10-15 seconds, brain controlling you.... that's minimum, assumes no blood is going to brain.... if more blood going to brain could be longer.... depends on blood pressure and how severe your wound 11:47:32 answer getting complicated, some get shot and immediately collapse and some get shot and don't know they got shot... 11:48:02 cardiac, in this case you have a through and through hole of right ventricle and at least one if not two into right lung.... losing blood, every time the heart contracts it pumps blood out the two holes in ventricle and at least one hole in the blood...... engage in struggle, heart rate increases... martin was healthy young man, if he's in struggle heart going/ beating more than 100 times a minute.... 11:49:08 every time heart beats, out comes the blood... say he's only beating 100, slow... loses a tablespoon of blood every time heart beats.... that's not much, 15 CCs, heart beating 100... losing 1500 CCs in a minute... quarter of blood supply.... second minute, lose another 1500.... lost more than 50% of blood supply.... 11:50:16 he's not pumping sufficient blood to anywhere, reached point where he's going to die.... assuming these conditions and all probability, nothings 100%... he's going to be dead within 1-3 minutes after being shot in this case.... heart effectively pumping blood, still get electrical activity, but not pumping.... how long as he conscious, significantly shorter than time necessary to die wouldn't have sufficient blood to brain 11:51:23 best you can give in estimates 11:51:33 in training and experience, familiar with incidents where individuals received similar or more serious and could still talk, move, voluntary actions for 10-15 seconds? yes, 12 gauge shot gun at point black range... heart was shredded, rain 65 ft. before he collapse 11:52:33 being shot in heart itself, quickly losing blood? nothing else than that..... not same as being shot in head? right. swat team immediately immobilize someone is to shoot in head 11:53:18 15 seconds capable of movement? potential for 10-15 seconds. moving arms from outstretch to underneath? Objection! SUSTAINED 11:53:49 could that include moving arms from outstretch to underneath in those 10-15 seconds? yes 11:54:10 lose consciousness, lose ability for voluntary movement? oh yeah... not feeling pain? correct 11:54:38 talk about the injury to martin's knuckle, remember in the photos an abrasion on left hand 4th finger? 1/4 by 1/8 scrap. agree its abrasion type? it appears to be 11:55:08 consistent with coming in contact with hard surface or impacting another surface? impacting another surface. concrete qualify? yes 11:55:35 would you expect to see bruising on knuckles if punching were going on? depends on what part of body you punch, softer portion you may not see it... may have been bruising that we didn't know about, doesn't make a difference.... too variable 11:56:29 take blood pressure to get bruising? yes. once blood pressure goes, then you don't have bruising.... can't bruise a dead body 11:56:52 in this instance, martin lost blood pressure very quickly? yes 11:57:02 dr. bao looking for bruising, better course would be to take a look internally? right 11:57:17 that was not done in this case? correct 11:57:31 move to the injuries that zimmerman sustained........ provided photos from the scene of his bloody nose? yes.... and photo taken of the back of his head showing streaming blood? yes 11:58:00 also provided photos taken later that night by Sanford PD? yes 11:58:15 talk about head trauma, mechanism of blood force injury to head? yes. what happens when hit in head by fist or concrete? well, ok.... what happened is the head wound...... say the heads fixed, made to move or is moving and stops suddenly, brain will shift... brain like gelatin, move back and forth inside cranium... as it moves, 3 possibilities, bruising by impacting the inside or you get bleeding, intracranial hemorrhage sufficient it could kill you, other type is brain cell injury..... connected through fibers which activates.... when brain moves back and forth from impact the axons will be stretched, within limited motion the way we are walking around and such.... no big deal.... if movement is violent, stretches the axons, causes injury to the wall if the movement is mild, the injury is prepared by axon... gradual increase in force like running into something and head goes forward and hits panel, so great it will injure axons and they won't be able to prepare and they die..... lot of brain cells and a lot of connections, can lose a good number and still be alright... at some point you'll have impairment and die 12:02:11 impacts like concrete, worry about intracranial bleeding and the axonal injury.... more bleeding than axon injury... always dangerous... if you hit your head here on the floor, carpet it absorbs.... if your head hits concrete, dangerous... but to kill somebody sure if you banged them hard enough.... didn't impact brain significant, still have stunning effect..... football players with concussions is just axon injury... could get mild concussion.... fall and hit your head, don't lose consciousness, appear stunned..... 12:03:45 stunning goes to concussion to injury..... stunned from the impact... better than concussion 12:04:07 progression depending on how hard the impact? yes and how many times, how much force is used.... if you get head hit against concrete with sufficient force to tear the scalp, you're going to be stunned..... not that common... hair cropped or bald removes the cushion... lacerations there's some trauma 12:05:08 talking about lacerations to the scalp, zimmerman had 2 lacerations to the back of his head, states 76..... identified as the photo taken of zimmerman that night, Jonathan manalo... evidence bleeding to head? yes two sites on the head 12:06:24 later saw pictures where blood was wiped away? right 12:06:42 take a look at 74.... what do you see in this picture? bruise on left side, not a good photograph 12:07:56 do you see in this photo what looks like 2 separate areas of swelling? yes... injury here and here, represent lacerations since it looks like clouded blood.... valley, impact site is swollen and then this is swollen here... this is not swollen, two separate impacts two different lacerations with area in between not swollen.... bleeding under the scalp 12:09:19 lump they get after hitting head is blood as opposed to another fluid? yes its blood.... 12:09:36 talk about curvature of the head, why its two separate impacts? real simple, unyielding surface, circular area hits it.... flatten on contact, you can see if it was one impact it would be swollen between the two 12:10:22 commented earlier, not easy to get laceration from flat object? yeah because it takes a force... everyone bangs their head, you don't get laceration 12:10:47 mechanism where laceration occurred? one is if direct impact, crush the skin and as you crush it and push inside the impact, get a tail... if you hit it at an angle so you slide, the surface holds it, and the rest of it pulls against that... so you tear, laceration is nothing but a tear.... 12:11:45 exhibit 57.... anything here that shows what you're talking about? see the swelling here and a little valley here, swollen here and swollen here... laceration here and a blood clot over the lacerations..... one of them is almost an inch and the other is 1/5 of an inch 12:12:33 laceration significant? in this case.... marker of force, real bad laceration rarely rarely.... people bled to death.... not this type of laceration.... indicates you had severe force, not just a bump 12:13:11 possible to have head struck on something hard enough to ring the bell, stun you and not leave mark? oh sure, see that in abused children.... not a mark on their head, but skull fracture 12:13:50 the presence of the injury on the outside, doesn't mean there wasn't additional impact or the impact was minor? you can get severe head trauma without any marks, or you can get marks and have head trauma.... more commonly you have trauma, but can get it without mark 12:14:30 amount of force necessary to cause those injuries, enough to cause stunning effect? oh yes. don't need to have a laceration or big bruise to..... get stunned.... medically referred to ultra-mild concussion... experience that when you hit your head 12:15:19 if you sustained a stunning blow like this and continued to receive additional blows to the head, would the additional blows continue to cause stunning effect? yeah. 12:15:46 short period of time, get multiple other concussions, people have died..... recognized syndrome 12:16:06 could be accumulative just that night into multiple stunning effects leading to concussion? oh yeah..... I'm using stunning because it's just a mild concussion.... not incapacitated, not knocked out.... hit head hard is stunning 12:16:55 there has been some discussion in testimony about punctate abrasions.... punctate in this photo? right here.... reddish markings, indicates impact with a flat surface that was not smooth 12:17:46 would concrete from every day sidewalk have that surface? yes 12:17:58 consistent with his head impacting a sidewalk? yes 12:18:17 punctate abrasion is around the temple? right, it's not smooth.... area here and here and here and here 12:18:36 noticeable lump higher up? right over here.... consequence of impact? yes.... a knot... hematoma 12:18:58 associated with the impact that caused punctate abrasions? yes sir 12:19:08 could that then be caused by 1 or more impacts with the sidewalk? yes sir. 12:19:22 let me show you states 70, a view of the right side of Zimmerman's head, see anything here that would suggest impact with a fist or sidewalk? start to see punctate and adhesion over here 12:19:55 another photo of same side, 71.... ? injury here, reddish areas 12:20:15 other side of the head, 73.... approach the witness? oh I can see its not problem 12:20:38 in this photo with blunt force trauma? marks here too, assume a print photo would show better, some punctate marks here. approach witness briefly? YES YOU MAY. 12:21:20 right here, you see an arch of punctate of abrasion, pile here and another arch.... hematoma anywhere? suggested, but not as distinct as other side 12:21:58 this area above the ear? swollen in that area, hard to say definitely 12:22:14 consistent with swelling as blunt force trauma? yes 12:22:25 this general area here? right 12:22:53 have seen exhibit 79... first photo taken at scene? yes. what signs of trauma do you see? have to look at original, this appears bruised... look at outline... swelling and abrasion there.... 12:23:39 if you look at this, see the congestion in nose and the abrasion, outline here is smooth and here it bulges out and comes back... compare to another photo, this is consistent with possible fracture.... next photo a few hours later, this swelling is not as prominent... that's what ENS thought he had a fractured nose 12:24:42 injury consistent with being punched in nose? yes sir. 12:24:53 exhibit 48.... take several hours later..... point out what you were referring too? swelling appears to be gone, it can't be gone if just blood... suggestive of fact he had displaced fracture here, when examined by ENS they just pushed it back in either consciously or not... held there by muscle 12:25:47 if displaced or not or even fractured, does trauma consistently show being struck in the face? right and of course another blow here 12:26:15 states 72.... part of forehead you were talking about? right.... vaguely see this line here, and another... when you look at the prints they're redding markings..... those are redding areas, not consistent with concrete, more like a punch than concrete 12:27:16 skin is intact, injury underneath skin.... something that doesn't wash out? oh no it doesn't wash out... underneath the skin 12:27:36 would it likely be a different impact than the one that caused injury? yes too far down, not the same thing 12:27:52 more to the right, see evidence there of some sort? right. mark like this and then mark here.... photograph myself.... 12:28:29 separate red mark on forehead? this and this are same impact.... I think you have 6 ID injuries, 2 lacerations on back, impacts on temple, that's 4, nose is 5 and the forehead is 6..... 12:29:12 may there also have been impacts that for one reason or another, land but didn't manifest in injury? Objection! Speculation! SUSTAINED 12:29:34 in a fight situation where someone may be resisting attack, expect them as being pushed to concrete to resist by trying to sit up? I would assume so 12:29:59 possible there may be other impacts, not as pronounced, some ability to resist? Objection! Speculation! OVERRULED 12:30:19 the head wasn't clean in some photos, definite evidence of 6... doesn't mean only 6, but the 6 I can say. moment? YES YOU MAY 12:30:53 (sidebar) 12:31:51 LADIES AND GENTLEMAN, RECESS FOR LUNCH. NO DISCUSSIONS. NO REPORTS. NO ELECTRONIC DEVICE. NO SOCIAL MEDIA. NOTEPADS FACE DOWN... RECESS UNTIL 1:30 12:32:53 FREE TO TAKE LUNCH BREAK, BE BACK AT 1:30, DONT DISCUSS TESTIMONY 12:33:08 COURT IN RECESS UNTIL 1:30 ======================================== George Zimmerman's defense attorneys are flying through their case, and could finish as early as today. They plan to drive home their view that Zimmerman acted in self-defense when he shot and killed 17 year-old Trayvon Martin. On Monday, Zimmerman's lawyers called a string of witnesses who all identified the screams heard during a 9-1-1 call as those of Zimmerman. They also called Trayvon Martin's father Tracy to the stand to respond to testimony from the lead detective that Martin initially said the voice screaming was not Trayvon's. Martin said he never said it wasn't his son, just that he couldn't tell. After repeatedly listening to it, he says he became certain that was the last words of his son before he was killed. |
Media Type: | Archived Unity File |