FTG FOR COVERAGE ON POPE JOHN PAUL II FUNERAL 14:33:11 pilgrims holding polish flag outside of window of train 14:33:22 pilgrims walking next to train 14:33:33 crowd exiting train station 14:33:50 crowd entering bus 14:34:00 Vatican flag and polish flag outside of bus window 14:34:12 Vatican testament replay 14:35:47 Vatican security 4 14:35:51 security officials at computers 14:36:00 cu of computer screen with Vatican city grid 14:36:09 side shot of security officials at computers 14:36:17 cu of official speaking into headset 14:36:28 sot from official 14:37:18 missile defense systems set up in field 14:37:31 various of missiles set up in field 14:37:49 aerial of Vatican, helicopter flies alongside 14:38:03 military jets fly alongside 14:38:12 military jets fly alongside, closer shot 14:38:30 military jets, farther away 14:38:41 helicopter in flight, St peters b 14:38:52 shot from inside helicopter 14:39:01 missile defense set ups, rotating SHOTLIST Rome - 7 April 2005 1. Wide shot of Italian Airforce control room, military staff watching monitors of Rome flying zone 2. Monitor 3. Various of Situation Room 4. SOUNDBITE (English) Major General Luciano Massetti, Deputy Commander and Chief of Staff Italian Air Force: "Because we keep aircraft in combat air patrol basically in flight 24 hours a day we can intervene immediately with the reaction time close to nil". 5. Airforce control room staff watching monitors of Rome flying zone 6. SOUNDBITE (English) Major General Luciano Massetti, Deputy Commander and Chief of Staff Italian Air Force: "Actually we started from square one, saying actually this has to be the most safe place in Italy. In this assumption of course we assume the worst case. The worst case meaning threats coming from the sky fast threats from different directions. Stemming from this point, we put in the field all the best resources we had. I don't think we've ever seen in Italy such a large effort to protect a single place." Location Unknown - 7 April 2005 7. Gate in front of military area, sign on gate reading (in Italian) "Military Area, No Access - Army surveillance." 8. Various of anti-aircraft missiles in field 9. Large spot-lights in field 10. Anti-aircraft missiles in field 11. Radar 12. Wide shot of anti-aircraft missiles, building and road in background Rome - 6 April 2005 13. Aerial shots above Rome showing Saint Peters Basilica. 14. Military helicopter in sky (as filmed from another chopper) Rome - 7 April 2005 15. Various of F-16s in sky over Rome Near Rome - 6 April 2005 16. Helicopter flying over Vatican 17. Various of anti-aircraft missiles 15:30:47 Vatican pilgrims 3 15:30:53 aerials of St peters square, zoom into the line of people 15:31:09 pan of line of people waiting to see the pope's body (glitches in some of the video) 15:31:51 int of basilica, people file in to look at pope's body 15:32:13 pan of priests 15:32:21 cu side shot of nun 15:32:26 officiating priest spreading incense 15:32:38 polish pilgrims walk with polish flags 15:32:50 sot from young man 15:32:53 int of sleeping tent 15:32:58 little boy yawns, 15:33:03 woman with head in hands in sleeping tent 15:33:10 sot in italian from woman with red hair, she begins crying as she speaks 15:33:25 women sleeping 15:33:29 ext, train arrives at station, people waving polish flags 15:33:42 pilgrims coming off train 15:33:54 compression of people walking on train stand 15:34:03 crowd exiting train station 15:34:12 bus to circo massimo 15:34:21 people getting on bus Vatican testament replay 15:34:48 steeple 15:34:50 ext of St peters 15:34:54 nun and man reading 15:36:19 Vatican cardinals three 15:36:23 shot through bars of cardinals arriving 15:36:33 Asian cardinal walking 15:36:38 cardinals greet each other 15:36:43 cardinal speaks to press 15:36:48 various shots of cardinals walking and waving to press 15:37:04 cardinal surrounded by press microphones 15:37:27 sot from cardinal 15:37:30 cardinal being surrounded by press 15:37:38 various shots of cardinals 15:37:42 Swiss guard side shot 15:37:47 more cardinals walking into building 15:38:26 black cardinal 15:38:53 int cardinals sitting in auditorium 15:39:02 press conference, 15:39:09 "I've lived here for almost 34 years. to see so many of this cardinals. and the same thing with virtually all of the major leaders of the church. 15:39:55 press cutaway 15:40:00 Vatican security 4 replay 15:51:07 Hong Kong mass SHOTLIST 1. Night time exterior of the Cathedral of the Immaculate Conception 2. Priests walking into the cathedral 3. People attending mass 4. Priests bowing at the portrait of the Pope John Paul II 5. Various of youths with candles, singing 6. Worshippers at the altar 7. Ceremony inside the cathedral 8. Hong Kong Bishop Joseph Zen giving communion

THIS WAS NO ORDINARY CONVENIENCE STORE ROBBERY! RANDALL GOFF WALKS INTO STORE ARMED WITH A GASOLINE CAN. HE POURS GASOLINE ON THE COUNTER AND TELLS CLERK TO GIVE HIM ALL THE MONEY OR HE'LL LIGHT A MATCH. THE CLERKS COMPLY AND GIVE GOFF THE LOOT...BUT JUST FOR KICKS, HE LIGHTS THE GAS ON FIRE ANYWAY AS HE'S LEAVING AND LARGE FIRE ENSUES.

ZOOM IN ON SECURITY OR SURVEILLANCE CAMERA ON WALL. RED LIGHT BLINKING.

FTG FOR COVERAGE ON POPE JOHN PAUL II FUNERAL 14:33:11 pilgrims holding polish flag outside of window of train 14:33:22 pilgrims walking next to train 14:33:33 crowd exiting train station 14:33:50 crowd entering bus 14:34:00 Vatican flag and polish flag outside of bus window 14:34:12 Vatican testament replay 14:35:47 Vatican security 4 14:35:51 security officials at computers 14:36:00 cu of computer screen with Vatican city grid 14:36:09 side shot of security officials at computers 14:36:17 cu of official speaking into headset 14:36:28 sot from official 14:37:18 missile defense systems set up in field 14:37:31 various of missiles set up in field 14:37:49 aerial of Vatican, helicopter flies alongside 14:38:03 military jets fly alongside 14:38:12 military jets fly alongside, closer shot 14:38:30 military jets, farther away 14:38:41 helicopter in flight, St peters b 14:38:52 shot from inside helicopter 14:39:01 missile defense set ups, rotating SHOTLIST Rome - 7 April 2005 1. Wide shot of Italian Airforce control room, military staff watching monitors of Rome flying zone 2. Monitor 3. Various of Situation Room 4. SOUNDBITE (English) Major General Luciano Massetti, Deputy Commander and Chief of Staff Italian Air Force: "Because we keep aircraft in combat air patrol basically in flight 24 hours a day we can intervene immediately with the reaction time close to nil". 5. Airforce control room staff watching monitors of Rome flying zone 6. SOUNDBITE (English) Major General Luciano Massetti, Deputy Commander and Chief of Staff Italian Air Force: "Actually we started from square one, saying actually this has to be the most safe place in Italy. In this assumption of course we assume the worst case. The worst case meaning threats coming from the sky fast threats from different directions. Stemming from this point, we put in the field all the best resources we had. I don't think we've ever seen in Italy such a large effort to protect a single place." Location Unknown - 7 April 2005 7. Gate in front of military area, sign on gate reading (in Italian) "Military Area, No Access - Army surveillance." 8. Various of anti-aircraft missiles in field 9. Large spot-lights in field 10. Anti-aircraft missiles in field 11. Radar 12. Wide shot of anti-aircraft missiles, building and road in background Rome - 6 April 2005 13. Aerial shots above Rome showing Saint Peters Basilica. 14. Military helicopter in sky (as filmed from another chopper) Rome - 7 April 2005 15. Various of F-16s in sky over Rome Near Rome - 6 April 2005 16. Helicopter flying over Vatican 17. Various of anti-aircraft missiles 15:30:47 Vatican pilgrims 3 15:30:53 aerials of St peters square, zoom into the line of people 15:31:09 pan of line of people waiting to see the pope's body (glitches in some of the video) 15:31:51 int of basilica, people file in to look at pope's body 15:32:13 pan of priests 15:32:21 cu side shot of nun 15:32:26 officiating priest spreading incense 15:32:38 polish pilgrims walk with polish flags 15:32:50 sot from young man 15:32:53 int of sleeping tent 15:32:58 little boy yawns, 15:33:03 woman with head in hands in sleeping tent 15:33:10 sot in italian from woman with red hair, she begins crying as she speaks 15:33:25 women sleeping 15:33:29 ext, train arrives at station, people waving polish flags 15:33:42 pilgrims coming off train 15:33:54 compression of people walking on train stand 15:34:03 crowd exiting train station 15:34:12 bus to circo massimo 15:34:21 people getting on bus Vatican testament replay 15:34:48 steeple 15:34:50 ext of St peters 15:34:54 nun and man reading 15:36:19 Vatican cardinals three 15:36:23 shot through bars of cardinals arriving 15:36:33 Asian cardinal walking 15:36:38 cardinals greet each other 15:36:43 cardinal speaks to press 15:36:48 various shots of cardinals walking and waving to press 15:37:04 cardinal surrounded by press microphones 15:37:27 sot from cardinal 15:37:30 cardinal being surrounded by press 15:37:38 various shots of cardinals 15:37:42 Swiss guard side shot 15:37:47 more cardinals walking into building 15:38:26 black cardinal 15:38:53 int cardinals sitting in auditorium 15:39:02 press conference, 15:39:09 "I've lived here for almost 34 years. to see so many of this cardinals. and the same thing with virtually all of the major leaders of the church. 15:39:55 press cutaway 15:40:00 Vatican security 4 replay 15:51:07 Hong Kong mass SHOTLIST 1. Night time exterior of the Cathedral of the Immaculate Conception 2. Priests walking into the cathedral 3. People attending mass 4. Priests bowing at the portrait of the Pope John Paul II 5. Various of youths with candles, singing 6. Worshippers at the altar 7. Ceremony inside the cathedral 8. Hong Kong Bishop Joseph Zen giving communion

PAN UP TO WINDOW OF HIGH RISE BRICK APARTMENT BUILDING ON UPPER WEST SIDE.

Metro light rail says a sensor controlling gates at one of its crossings in Tempe stopped working briefly just before a train and a pickup truck collided Monday, and police cited the truck's driver for two traffic violations.A crossing arm where the light-rail line intersects with a Tempe road malfunctioned seconds before the recent collision of a train and a pickup truck, transit of More..ficials said Friday.However, the pickup's driver was cited by police for driving through the crossing while the arm was in motion.According to an investigating board convened by Metro, the crossing arm signal on University Drive west of Rural Road briefly lost electrical contact with an oncoming train last Monday afternoon.Video from a Metro camera showed the arm was down for the passage of an eastbound train, but then rose as the westbound train approached University. The white 2005 Chevrolet pickup driven by Brandon Stovall, 28, then drove west, toward the tracks.Seconds later, the train struck the truck behind the passenger cab.No injuries were reported, Tempe police said, although Stovall disputes that. Travel along the rail line was briefly interrupted.Metro's board said computerized data recorders indicate the oncoming train and the crossing arm were out of contact for seven seconds. Once the train reestablished contact, the arms returned to the down position.The red flashing lights and bells warning drivers of a train continued to operate throughout the event, the investigation found."We are always concentrating on safety," said Metro spokeswoman Hillary Foose. "That is why we take this investigation so seriously, why we convened a board to look into it...."It also serves as a reminder for the public to also be safe and use their traffic signals and obey signals at railroad crossings."A Tempe police report pins the blame on Stovall's failure to yield.But Stovall, who was moving from Mesa to Tempe on the day of the crash, called the reports' conclusions "ridiculous.""That's how you go through the intersection: When (the arms) raise up, you go forward," Stovall said.In addition, he took issue with the police saying no one was injured."I thought I got hit in the side of the face with a baseball bat," Stovall said. "If it had been somebody on a motorcycle, it would've been a different story."Police also cited Stovall for driving with a suspended license.Since the collision, Metro has instituted a "slow order" at the University crossing, requiring trains to slow to no more than 15 mph when approaching and through this crossing to assure that arms are down and pathway clear. The slow order will continue until any technical issues are resolved, Metro said.Also Metro is examining crossings at four other locations, three in Tempe, along on the 20-mile line.This was the second crash between a train and a car since Metro opened to passengers on Dec. 27. On the third day of service, a Honda crossed the tracks at a downtown Phoenix intersection and hit a train.

FTG FOR COVERAGE ON POPE JOHN PAUL II FUNERAL 14:33:11 pilgrims holding polish flag outside of window of train 14:33:22 pilgrims walking next to train 14:33:33 crowd exiting train station 14:33:50 crowd entering bus 14:34:00 Vatican flag and polish flag outside of bus window 14:34:12 Vatican testament replay 14:35:47 Vatican security 4 14:35:51 security officials at computers 14:36:00 cu of computer screen with Vatican city grid 14:36:09 side shot of security officials at computers 14:36:17 cu of official speaking into headset 14:36:28 sot from official 14:37:18 missile defense systems set up in field 14:37:31 various of missiles set up in field 14:37:49 aerial of Vatican, helicopter flies alongside 14:38:03 military jets fly alongside 14:38:12 military jets fly alongside, closer shot 14:38:30 military jets, farther away 14:38:41 helicopter in flight, St peters b 14:38:52 shot from inside helicopter 14:39:01 missile defense set ups, rotating SHOTLIST Rome - 7 April 2005 1. Wide shot of Italian Airforce control room, military staff watching monitors of Rome flying zone 2. Monitor 3. Various of Situation Room 4. SOUNDBITE (English) Major General Luciano Massetti, Deputy Commander and Chief of Staff Italian Air Force: "Because we keep aircraft in combat air patrol basically in flight 24 hours a day we can intervene immediately with the reaction time close to nil". 5. Airforce control room staff watching monitors of Rome flying zone 6. SOUNDBITE (English) Major General Luciano Massetti, Deputy Commander and Chief of Staff Italian Air Force: "Actually we started from square one, saying actually this has to be the most safe place in Italy. In this assumption of course we assume the worst case. The worst case meaning threats coming from the sky fast threats from different directions. Stemming from this point, we put in the field all the best resources we had. I don't think we've ever seen in Italy such a large effort to protect a single place." Location Unknown - 7 April 2005 7. Gate in front of military area, sign on gate reading (in Italian) "Military Area, No Access - Army surveillance." 8. Various of anti-aircraft missiles in field 9. Large spot-lights in field 10. Anti-aircraft missiles in field 11. Radar 12. Wide shot of anti-aircraft missiles, building and road in background Rome - 6 April 2005 13. Aerial shots above Rome showing Saint Peters Basilica. 14. Military helicopter in sky (as filmed from another chopper) Rome - 7 April 2005 15. Various of F-16s in sky over Rome Near Rome - 6 April 2005 16. Helicopter flying over Vatican 17. Various of anti-aircraft missiles 15:30:47 Vatican pilgrims 3 15:30:53 aerials of St peters square, zoom into the line of people 15:31:09 pan of line of people waiting to see the pope's body (glitches in some of the video) 15:31:51 int of basilica, people file in to look at pope's body 15:32:13 pan of priests 15:32:21 cu side shot of nun 15:32:26 officiating priest spreading incense 15:32:38 polish pilgrims walk with polish flags 15:32:50 sot from young man 15:32:53 int of sleeping tent 15:32:58 little boy yawns, 15:33:03 woman with head in hands in sleeping tent 15:33:10 sot in italian from woman with red hair, she begins crying as she speaks 15:33:25 women sleeping 15:33:29 ext, train arrives at station, people waving polish flags 15:33:42 pilgrims coming off train 15:33:54 compression of people walking on train stand 15:34:03 crowd exiting train station 15:34:12 bus to circo massimo 15:34:21 people getting on bus Vatican testament replay 15:34:48 steeple 15:34:50 ext of St peters 15:34:54 nun and man reading 15:36:19 Vatican cardinals three 15:36:23 shot through bars of cardinals arriving 15:36:33 Asian cardinal walking 15:36:38 cardinals greet each other 15:36:43 cardinal speaks to press 15:36:48 various shots of cardinals walking and waving to press 15:37:04 cardinal surrounded by press microphones 15:37:27 sot from cardinal 15:37:30 cardinal being surrounded by press 15:37:38 various shots of cardinals 15:37:42 Swiss guard side shot 15:37:47 more cardinals walking into building 15:38:26 black cardinal 15:38:53 int cardinals sitting in auditorium 15:39:02 press conference, 15:39:09 "I've lived here for almost 34 years. to see so many of this cardinals. and the same thing with virtually all of the major leaders of the church. 15:39:55 press cutaway 15:40:00 Vatican security 4 replay 15:51:07 Hong Kong mass SHOTLIST 1. Night time exterior of the Cathedral of the Immaculate Conception 2. Priests walking into the cathedral 3. People attending mass 4. Priests bowing at the portrait of the Pope John Paul II 5. Various of youths with candles, singing 6. Worshippers at the altar 7. Ceremony inside the cathedral 8. Hong Kong Bishop Joseph Zen giving communion

FTG FOR COVERAGE ON POPE JOHN PAUL II FUNERAL 14:33:11 pilgrims holding polish flag outside of window of train 14:33:22 pilgrims walking next to train 14:33:33 crowd exiting train station 14:33:50 crowd entering bus 14:34:00 Vatican flag and polish flag outside of bus window 14:34:12 Vatican testament replay 14:35:47 Vatican security 4 14:35:51 security officials at computers 14:36:00 cu of computer screen with Vatican city grid 14:36:09 side shot of security officials at computers 14:36:17 cu of official speaking into headset 14:36:28 sot from official 14:37:18 missile defense systems set up in field 14:37:31 various of missiles set up in field 14:37:49 aerial of Vatican, helicopter flies alongside 14:38:03 military jets fly alongside 14:38:12 military jets fly alongside, closer shot 14:38:30 military jets, farther away 14:38:41 helicopter in flight, St peters b 14:38:52 shot from inside helicopter 14:39:01 missile defense set ups, rotating SHOTLIST Rome - 7 April 2005 1. Wide shot of Italian Airforce control room, military staff watching monitors of Rome flying zone 2. Monitor 3. Various of Situation Room 4. SOUNDBITE (English) Major General Luciano Massetti, Deputy Commander and Chief of Staff Italian Air Force: "Because we keep aircraft in combat air patrol basically in flight 24 hours a day we can intervene immediately with the reaction time close to nil". 5. Airforce control room staff watching monitors of Rome flying zone 6. SOUNDBITE (English) Major General Luciano Massetti, Deputy Commander and Chief of Staff Italian Air Force: "Actually we started from square one, saying actually this has to be the most safe place in Italy. In this assumption of course we assume the worst case. The worst case meaning threats coming from the sky fast threats from different directions. Stemming from this point, we put in the field all the best resources we had. I don't think we've ever seen in Italy such a large effort to protect a single place." Location Unknown - 7 April 2005 7. Gate in front of military area, sign on gate reading (in Italian) "Military Area, No Access - Army surveillance." 8. Various of anti-aircraft missiles in field 9. Large spot-lights in field 10. Anti-aircraft missiles in field 11. Radar 12. Wide shot of anti-aircraft missiles, building and road in background Rome - 6 April 2005 13. Aerial shots above Rome showing Saint Peters Basilica. 14. Military helicopter in sky (as filmed from another chopper) Rome - 7 April 2005 15. Various of F-16s in sky over Rome Near Rome - 6 April 2005 16. Helicopter flying over Vatican 17. Various of anti-aircraft missiles 15:30:47 Vatican pilgrims 3 15:30:53 aerials of St peters square, zoom into the line of people 15:31:09 pan of line of people waiting to see the pope's body (glitches in some of the video) 15:31:51 int of basilica, people file in to look at pope's body 15:32:13 pan of priests 15:32:21 cu side shot of nun 15:32:26 officiating priest spreading incense 15:32:38 polish pilgrims walk with polish flags 15:32:50 sot from young man 15:32:53 int of sleeping tent 15:32:58 little boy yawns, 15:33:03 woman with head in hands in sleeping tent 15:33:10 sot in italian from woman with red hair, she begins crying as she speaks 15:33:25 women sleeping 15:33:29 ext, train arrives at station, people waving polish flags 15:33:42 pilgrims coming off train 15:33:54 compression of people walking on train stand 15:34:03 crowd exiting train station 15:34:12 bus to circo massimo 15:34:21 people getting on bus Vatican testament replay 15:34:48 steeple 15:34:50 ext of St peters 15:34:54 nun and man reading 15:36:19 Vatican cardinals three 15:36:23 shot through bars of cardinals arriving 15:36:33 Asian cardinal walking 15:36:38 cardinals greet each other 15:36:43 cardinal speaks to press 15:36:48 various shots of cardinals walking and waving to press 15:37:04 cardinal surrounded by press microphones 15:37:27 sot from cardinal 15:37:30 cardinal being surrounded by press 15:37:38 various shots of cardinals 15:37:42 Swiss guard side shot 15:37:47 more cardinals walking into building 15:38:26 black cardinal 15:38:53 int cardinals sitting in auditorium 15:39:02 press conference, 15:39:09 "I've lived here for almost 34 years. to see so many of this cardinals. and the same thing with virtually all of the major leaders of the church. 15:39:55 press cutaway 15:40:00 Vatican security 4 replay 15:51:07 Hong Kong mass SHOTLIST 1. Night time exterior of the Cathedral of the Immaculate Conception 2. Priests walking into the cathedral 3. People attending mass 4. Priests bowing at the portrait of the Pope John Paul II 5. Various of youths with candles, singing 6. Worshippers at the altar 7. Ceremony inside the cathedral 8. Hong Kong Bishop Joseph Zen giving communion

INT BROLL GEORGE ZIMMERMAN TRAYVON MARTIN TRIAL / SWITCHED POOL FEED KATIE HUBER LOG **NOTE: JUDGE'S COMMENTS IN CAPS **NAMES OF WITNESSES IN RED **VISUAL DESCRIPTIONS IN (PARENTHESES) **GOOD STATEMENTS/VIDEO BOLD 13:53:10 like this! Objection! leading OVERRULED.. erect sir? at one point, yes. 13:53:24 have any trouble understanding him when he spoke? no 13:53:37 in your conversations did you ask about caliber of gun? yes. what did he say? 9 millimeter 13:54:06 asked about statements made about shooting the individual, were you out there during this? after it happened. see the shooting where zimmerman shot martin in chest? no. inkling on how it happened, self-defense or not? no. rionda: I have nothing else 13:55:24 west: nothing further, thank you 13:55:28 CALL NEXT WITNESS.... 13:56:25 (sworn in) 13:56:42 guy: name? ricardo ayala. employed where? Sanford pd... how long? 11 years. position? police officer. how long in patrol unit? just over a year. before that? investigations 13:57:15 how long in that? 6 years. duties? general and major crimes 13:57:26 prior law enforcement before Sanford? yes corrections. how long and where? 6 years, 5 in Seminole, 1 in lake 13:57:42 Sunday Feb. 26th 2012, working? yes. respond to scene of shooting at twin lakes? yes. dispatched there? yes 13:57:56 nature at first? suspicious person in area. recall time? just after 7pm 13:58:09 what area of town were you in? north end of city. how long to get there? less than 5 minutes. receive updates to first dispatch en route? yes. stated shots were fired. first on scene? no. who was? Tim smith 13:58:48 states 1, aerial of twin lakes? yes. 13:59:03 where main entrance is? right there 13:59:09 off of Oregon ave? yes. where you went when you got in and where you parked? came this way through the entrance went around a ways I believe and parked in this area here... upper right hand corner? yes 13:59:45 took long way around? yes I wasn't familiar with the area. see officer smith? yes. where? that general area right there... in the T 14:00:07 lighting like back there? very dim almost dark 14:00:13 using flashlight to find way in between? yes. weather? misty... raining on and off. what was officer smith doing? white male at gun point. zimmerman? yes. see him here? yes. stood up? yes 14:00:52 any interaction with defendant? no. why not? focused on male on ground. 14:01:03 male on ground, later to be martin? yes. go over to martins location? I walked towards it yet. how was it positioned? faced down hands underneath his body. first to approach martin? yes 14:01:29 dead or alive? I did not. his involvement at that point? no. commands to martin? yes. asked to see his hands? where were they? underneath him. lying on stomach? yes. respond to commands? no. 14:02:02 did you see any movement from martins body? I did not. hear sounds? I did not 14:02:13 did other officers approach you and martin while giving commands? sergeant ramondo. try to get pulse? sergeant ramondo did. able to get a pulse? no 14:02:40 did you or sergeant move body? yes... stomach to back? correct. to your knowledge move or disturb evidence when you rolled him over? no 14:03:09 did martin respond when you rolled body over? no sir.... after rolling over, see a gunshot wound? after he's moved around, yes. where? underneath he had a pin or button, underneath his button 14:03:39 gunshot wound was near that? right under button 14:03:46 how did you find the wound? move the sweater, button lift up... lifted up sweater and shit... exposing bare chest? yes. see gunshot round? yes 14:04:09 perform CPR? yes. training? yes. 14:04:20 ask anybody for anything while performing CPR? sergeant ramondo asking for plastic bag. someone provide? yes. describe, plastic? correct. color? I do not. who provided? I didn't not 14:04:53 continue to perform CPR? correct. see signs of life from body? no 14:05:03 your role in CPR? chest compressions. ramondos role? mouth to mouth. rescue respond? yes. take over the treatment after they arrived? yes 14:05:26 was martin pronounced dead on scene? yes. any further contact with this defendant after CPR with martin? no sir 14:05:41 investigators and crime scene respond when you were present? yes. take over scene? yes. any further involvement with case? no. that's all CROSS 14:06:09 O'Mara: heard on your way that officer smith had just arrived to the scene? as I was getting there, yeah he was just responding to the scene... right behind Tim smith to get there? yes. 14:06:37 estimate how fast after him you got there? less than 2 minutes... 14:06:50 so quick that officer still had zimmerman at gun point? yes. in a shots fired situation, protocol to take out weapon and control situation? correct. not to suggest danger from zimmerman, just what you do when shots are fired? yes. appropriate he did that here? correct 14:07:26 come up to me, how would you tell me or what would you tell to me to do? I want to see your hands. say that? yes sir. 14:07:45 if I had a cell phone, appropriate to go like this? no. drop it where it's at... why? to make sure you have nothing in your hands 14:08:10 take out your weapon as well? yes. dont know what's going on? no. can't see much? no. flash light in one hand and gun on the other? no flashlight is on gun... 14:08:34 you were protecting officer smith? correct. focus on this initially? correct. 14:08:47 realize that officer smith had that part of situation under control...? weapon out until.... having eyes on Zimmerman and trayvon at the same time, didn't know what was going on... as soon as he secured zimmerman and focused on trayvon to notice the threat 14:09:25 another person there? probably, only focused on officer and the interested parties 14:09:51 from your awareness of it, concerns with securing zimmerman? he got him secured and took him to vehicle and secured him there, he was gone, he was good. compliant? yes. did what was asked? yes. disobey? no. 14:10:26 look at his face? I didn't focus... quick glance? yes. notice blood? I can't tell you I did... 14:10:43 shift over to martin who was off to the left? yes. quite dark? yes sir. not able to see martins body but for your flash light? yeah 14:11:07 attempted to do what you could as first responder to deal with martin? correct 14:11:20 did not see... see zimmerman again in back of patrol car? no.. I didn't make contact with him after he was secured. moment? YES 14:11:39 no further. ANY REDIRECT 14:11:44 guy: complied with commands, holding him at gun point? yes 14:11:58 YOU MAY BE EXCUSED... CALL NEXT WITNESS. stacey livingston. 14:12:40 (sworn in) 14:12:58 guy: name? stacey livingston.. employed? Sanford fire department. how long? a little over 25 years. current position? firefighter emt. emt? emergency medical technician. firefighter and emt? yes. duties? anything from fire calls to medical calls or anything citizens call for 14:13:49 description of training and education for duties? certification of Florida fire fighter and emt, continuing education at work 14:14:09 February 26, 2012... working? yes. respond to shot at twin lakes? yes 14:14:23 where were you when dispatched? fire station 38. dispatched with others? yes. recall the time? I do not 14:14:41 approximately 7:20 in evening? yes. how long it took to arrive? it would be a guess 14:15:17 look at this document, is that your incident report from this event? yes. on that report, a time of dispatch? yes. what time? 19:2... 7:21 pm? yes. arrival time? 19:27. about 6 minutes later? yes 14:15:58 officers on scene? yes. directed to location of shooting victim? yes. learn to be martin? yes 14:16:12 were Sanford police officers present when you arrived? yes. doing? CPR 14:16:23 how was martins positioned when you got there? on his back. other Sanford personnel take over CPR when you arrived? took over assessing him, not CPR 14:16:45 check for pulse? yes. how? on his neck. find? no pulse 14:16:56 while treating. move clothing? yes. what? lifted his shirts. notice anything in his sweatshirt when you moved it? I wasn't sure at the time, I know what it is now. where? in front. what was it? felt like a can. what did you do? took it out and move to the right. examine? no. why not? not a concern, trying to get to patient 14:17:50 feel anything else? yes. what was that? a small bag when I moved the shirt it made a crinkly noise. do anything with the bag? no. in his sweater? I dont know, just felt it when I moved it up 14:18:19 see any injuries? yes. gunshot wound? yes 14:18:28 where? in his chest 14:18:33 what steps did you and other personnel take to assess martin? cardiac monitor. why? to assess heart rhythm. what was detected? incompatible to life. pronounced dead at scene? yes. does report indicate time he was pronounced dead? 19:30 14:19:21 just a few minutes after you arrived? yes. hear martin make any sounds? no. did you or anyone transport martins body from the scene? no. why not? not part of our job. deceased left for medical examiner's office? yes 14:19:56 other than taking can out, move or collect other items? no 14:20:09 states exhibit 20, recognize? yes. fair and accurate on how he appeared after pronounced dead? we had shirt up, but yes. states 25, accurate? yes. and states 80? yes. and states 28, what's depicted? gunshot wound. (Fulton turning away from screen) when his sweatshirts were pulled up? yes 14:21:04 see zimmerman in court this afternoon? yes. standing to my left? yes 14:21:19 where was he when you made contact? sitting in police car 14:21:29 met with him, talk to him? yes. appear to have difficulty understand? no. difficulty understanding him? no. memory problems? no. Objection! SUSTAIN. DISREGARD QUESTION AND ANSWER 14:22:08 glascoe scoring system? to determine response of patient... three sections., series of numbers ... command to pain. 14:22:45 what's the highest score they can get, most alert? 15. what was defendants score? 15. indicate to you? for eye response it was spontaneous, obeyed commands 14:23:17 observe injuries? yes. what? swollen, bleeding nose, lacerations to back of head. nose bleeding when you arrived? I dont believe it was actively bleeding, still moist. treat his nose? tried to clean up injuries to see them better to determine... 14:23:54 describe lacerations on the back? I recall two... approximately an inch long... were either of those bleeding? not actively, but had been. how did you treat? clean up a little to view injury better 14:24:24 at any point while treating, did he stand up? yes. trouble with balance? I dont believe so 14:24:36 how long were you treating him? maybe 5 minutes 14:24:45 transport from scene? no. why not? determined if he needed further treatment Sanford PD would take him. leave him in custody with police? yes. any further involvement with him? no 14:25:18 fair and accurate as he appeared in back? yes. states 76, fair and accurate of back of his head? yes. CROSS 14:25:43 O'Mara: afternoon. how are you 14:25:52 speaking about when you came in contact with my client, in back of patrol car? yes. 14:26:03 front picture... didn't do evaluation, did you... two other paramedics? what do you mean evaluation. to identify injuries, wasn't mike in lead? myself and kevin treated zimmerman. wasn't mike there as well? on scene 14:26:41 when you did evaluation, noticed nose was swollen? yes very swollen. 14:26:52 explain, we saw the picture.... fairly and accurately depict face and nose? yes. may have even wiped it a bit... before that picture? I dont know 14:27:49 tell me what you see there as far as his injuries? the bridge of nose is swollen... off to his right or nose? both sides swollen... left side swollen as well? the entire area 14:28:21 what is that on the bridge of nose toward right eye, that little red spot? small laceration. note that as well? I did not. 14:28:40 how does someone get a laceration like that? I dont know 14:28:47 consistent with getting struck by a fist? it could 14:28:56 consistent with fist strike to nose? very possibly 14:29:11 injuries to left forehead, markings up there? abrasion 14:29:24 how that may have been? I cannot 14:29:31 agree separate injury than nose injury? yes 14:29:39 on the tip of his nose? blood... still moist in process of drying? yes. coming from where? nose. inside? yes. indicate to you? 14:30:11 as best you can, describe how a shot to the nose would cause bleeding like that? blood vessels would initiate bleeding. exist up in nose? yes 14:30:30 blood that breaks or escapes when laying on your back.... that injury laying on back, where would blow go? you would swallow it... 14:30:53 swallowing own blood? right 14:31:07 injuries on back of head... that night the same way? yes. cleaned them off? I did. lacerations an inch long each? approximately. not actively bleeding when you saw them? no 14:31:38 concerns with head injury... medical condition that may happen because of those injuries? asked if he lost consciousness... if he felt dizzy 14:32:15 concerned to concussive injuries? correct. concussion when head hit that way? correct. brain injury from that? possibly. something to be aware of? yes. only as treating him? yes 14:32:45 reasonable in your opinion for someone to be concerned about their safety? repeat 14:32:58 someone who got those injuries should be concerned with medical safety? possibly 14:33:26 did... what is the normal procedure for head injuries and getting them x rayed? transported to medical facility to be x rayed. take to hospital? if they choose to go. who makes that decision? if patient is awake they make it 14:34:05 left to non-medical personnel? we discussed and said happy to transport him, if he was going to receive medical care, police would take him. 14:34:31 had it not been for police involvement, suggest to that person to get x rays? happy to transport, but up to them 14:34:49 moment? YES 14:35:23 able to get up ... stood up without trouble, able to stand? sitting sideways in police car... door open and feet were out... said he had been dizzy, we asked him to stand up and he was able to stand up... with assistance of officer smith and paramedics? I dont recall if he was hand cuffed behind his back... recall Tim smith helping him out of the car when complaining about being dizzy? I do not... if mike helped him out? I do not 14:36:31 focus on injuries, clean and evaluate? yes REDIRECT 14:36:40 guy: observations, both physical and mental capabilities... concern about brain injury? I wouldn't make that determination. ever complain of anything other than dizziness? not to me 14:37:06 ever lose consciousness? not while we were with him. did someone else about that prior to arrival? I believe so. what did he say? I dint ask, I dont know 14:37:28 measure lacerations? no. approx. an inch is a guess? yes. defer to someone who actually measured them? to be exact, yes 14:37:50 MAY SHE BE EXCUSED? CALL NEXT WITNESS.... Tim smith 14:38:37 (sworn in) 14:38:57 guy: name? officer timothy smith. employed? Sanford pd. since? 2008. 14:39:12 how long in patrol? 7 years 14:39:20 February 26 2012, working? yes. standard patrol uniform? yes. traveling? in my marked Sanford police vehicle. alone? alone 14:39:38 respond to dispatch? yes I did. approximate time? shortly after 7 pm 14:39:49 nature of dispatch? suspicious persons. where before? approximately a 1 mile and a half away. respond? a few minutes 14:40:18 receive update on route? yes. shots fired 14:40:25 address to respond to? yes. what address? 1231 twin trees 14:40:39 where when you received the update? entering gates of community. how did you get through the gate code? dispatch 14:41:05 states exhibit 2, aerial photo? yes. show jury the complex.... 14:41:28 your location when you received dispatch? right here... the route you took/ down Rinehart to Oregon to the front entrance here 14:41:50 states exhibit 1.. aerial of complex itself? yes 14:42:01 where you went first when you entered the complex? through the front gates her, down through here... this is twin trees 14:42:21 went first to 1231, update to location? 1231 was what I was originally given.... where did you go? given update from address on retreat view, behind that location... recall address given? 2821 retreat view. where did you go? down twin tress, to retreat view, address in this area 14:43:18 as you were en route, stop anywhere and observe things or use flash light? I did... where? in between sets of town homes. what did you do? used spot light to shine down walk way... inside the car. what did you see? toward end of walk way at least one person standing outside 14:43:59 anything more? not from where I was 14:44:05 continue around to address? yes 14:44:12 where you parked and what you did? roughly in this area, went around to the left to go in between the town homes... lighting conditions? dark 14:44:33 flashlight with you? yes. use that? I did... weather? raining. got behind townhomes, see anyone? I did. how many? at least two standing and one on ground 14:45:02 where they were that were standing up? in this area here... person on ground? in grassy area to left of sidewalk 14:45:25 shine flashlight on person on ground? yes. how positioned? face down. see their hands? no I could not 14:45:43 learn that to be martin? yes. approach at that time? I did not. why not? in contact with gentleman on side walk 14:45:58 states 5, general idea of lighting conditions? yes. states 77, recognize that? I do. accurate depictions of body? yes 14:46:23 contact with who was standing up to be zimmerman? yes. see him here today? yes. standing to left? yes he is 14:46:46 did defendant have trouble standing? no he did not. appear to have trouble balancing? no sir 14:46:58 say anything to defendant? I did. what? asked him if he saw what happened. he said he did. asked if the subject on ground had been shot, he responded he did and he was still armed 14:47:26 have trouble understanding your questions? no. trouble understanding answers? no. 14:47:49 still armed, what did you do? I took my weapon and he complied 14:48:04 where was his gun? right hip 14:48:11 handcuff? I did. in front of in back? back. why? policy 14:48:20 remove gun from person? yes. in holster? yes. take gun or gun and holster? gun and holster. where did you put it? on me because I was not near my vehicle... tucked in between magazine and vest 14:48:53 inside pants or outside when he showed to you? I dont. see gun when you approached? no. see holster when you approached? no 14:49:14 what did you do with defendant after hand cuffs? in patrol car... trouble walking? no 14:49:33 Sanford PD respond in short order? yes. who first after you? officer ayala 14:49:46 what did he do when he arrived? went to attend to martin 14:49:55 recall any other officers going to martins body? yes. who? sergeant ramondo 14:50:13 wearing gloves when you removed gun and holster? I was not. 14:50:21 handle fire arm in special way? no sir. why not? not enough time 14:50:38 secure firearm? I did. how? removed magazine from firearm and locked slide to rear 14:50:52 remove magazine, semi-automatic pistol.. .locked to rear, round in chamber? yes. what happened? ejected. collect it? I did. keep all together with firearm? yes. put them? in my vehicle until I got a gun box 14:51:27 what's that? cardboard box to secure evidence. 14:51:36 what did you do with the ammunition and holster? also admitted into evidence... turn those over to wife Diana smith? correct. also called to scene? correct 14:52:10 states 154, examine that... recognize contents? yes. that would be hand gun, holster and magazine I removed 14:52:35 case information your hand writing, etc.? yes 14:52:41 for the jury's sake, hold up fire arm.... holster..... and the magazine and rounds 14:53:06 all of this you turned over to Diana smith? yes. crime scene technician assigned to case? yes sir 14:53:28 was fire rescue dispatched? yes. respond to scene? yes. examine and treat defendant? yes. what injuries did you observe? bloody noise, lacerations to head and contusions 14:53:56 did another Sanford police officer take picture? yes. who? officer mike Wagner 14:54:08 aware civilian took photo of back of head? not at that time. before you arrived? yes sir 14:54:33 states exhibit 6, is that another depiction of lighting? yes. states 34, recognize? yes. approximate area you parked patrol car? yes. states 132, photo of the entrance of the retreat? yes. states 133, recognize that to be closer shot of front entrance? yes. states 134, shot going into complex with clubhouse in the right? yes. states 135, what's that? front of club house. states 136, recognize? mail box kiosk 14:55:42 states 137, close up of mail box? yes sir 14:55:50 states 138, depiction of rear gate? yes it is 14:56:00 states 79, recognize? yes. the photo Wagner took of defendant? yes 14:56:11 states 76, depict defendants head or close to it? yes. 14:56:30 recall what defendant was wearing? red and black jacket and blue jeans 14:56:41 first made contact, jacket pushed up in any way? I dont believe so. tears in his jacket? no. what did you notice? the back of it was wetter than the front of it... covered in grass 14:57:14 condition of his pants? vaguely. blue jeans? yes sir. anything else? the back was wetter than the front 14:57:29 after rescue clean defendant, what did you do? transported to station. why? to be interviewed by criminal division. how long did trip take? roughly 15 minutes 14:57:56 while you were making transport did defendant say anything about injuries? felt he was light headed. what did you do? forward opportunity to go to hospital. asked him if he wanted to go... he said he wasn't sure what he should do... decided he didn't want to go to hospital 14:58:41 en route with defendant did he faint? no. arriving at the station, any injuries? no. park where? sally port 14:59:11 remove defendant from car, any trouble bouncing or walking? yes. still handcuffed? yes sir 14:59:26 walk with you inside station? yes sir. still handcuffed? yes sir. trouble walking throughout the station? no sir 14:59:39 are portions of interior surveyed by video cameras? yes. defendant arriving at station video? yes. fairly and accurately depict? yes. after he got out of car.. any blood in car? no sir 15:00:18 where did you take defendant after station? interview room 15:00:37 stats 192... composite. ANY OBJECTION? O'Mara: moment with council. 15:00:59 GOOD MINUTE FOR RECESS?... 15 MINUTE RECESS =================== 15:16:38 PLEASE BE SEATED 15:17:10 (zimmerman walking back in) READY TO BRING JURY BACK IN? yes. yes. 15:18:56 PLEASE BE SEATED. YOU MAY CONTINUE 15:19:04 guy: publish states 192 (playing the police surveillance video)... inside the sally port area? yes. that your patrol car pulling in? yes it is... is that you that just got out? yes sir 15:21:18 accurate depiction as he got out? yes. 15:21:39 (playing police video of the halls) you and defendant walking through? yes. 15:22:02 (playing another clip) again you and defendant walking through another portion? yes 15:22:25 take into interview room? yes. anyone in there? no. uncuff defendant? yes. offer a drink? yes. stay in with him? no. where did you go? rooms monitor by one way glass. see defendant? yes. watch until someone arrived to speak with him? yes. how long? 30-40 minutes 15:23:06 watching defendant did he lose consciousness? no. fall out of chair? no 15:23:20 anything that caused concern with health? no. who was it that arrived? investigator 15:23:37 where were you when they were speaking? one way glass.. hear it? not enough to make it out 15:23:51 that's all I have CROSS 15:24:01 O'Mara: afternoon 15:24:07 how long an officer? since 2005. training? attended law enforcement academy. how long? 700 hours 15:24:23 taken any other courses community college? attended Seminole state college 15:24:35 what type of courses? general education. focus on criminal justice? not at Seminole state, no sir 15:24:50 how long did you want to be a cop? since I was little. life goal? yes. why? enjoy helping and educating 15:25:07 protect and serve, goal of yours? yes sir. noble goal? yes. enjoy it? yes sir 15:25:23 can't enjoy when you get a shots fired called, concerning? yes sir. 15:25:32 radio and get call of disturbance? suspicious person. shots fired? yes. what do you do then? you wait for a little more information, officer safety issue

PAN DOWN FROM WINDOW OF HIGH RISE BRICK APARTMENT BUILDING ON UPPER WEST SIDE.

NSA SPYING / GONZALES The Senate Judiciary Committee starts their hearing into NSA spying with Attorney General, Alberto Gonzales. 13:00:00 WHAT I JUST SAID. THAT WE, AS A MATTER OF ROUTINE 13:00:02 PROVIDE TO THE FISA COURT INFORMATION ABOUT THE SOURCES OF 13:00:05 THE INFORMATION THAT FORMS THE BASIS OF AN APPLICATION -- 13:00:09 >> I'M NOT ASKING HOW YOU GET THE INFORMATION FROM THE 13:00:12 PROGRAM. I'M ASKING YOU, DO YOU TELL THE 13:00:15 FISA COURT THAT YOU GOT IT FROM THE PROGRAM? 13:00:18 I WANT TO KNOW IF THEY'RE DECLINING TO ISSUE WARRANTS 13:00:22 BECAUSE THEY ARE DISSATISFIED WITH THE PROGRAM? 13:00:24 . >> YOU ARE REPRESENTING TO THIS 13:01:34 COMMITTEE THAT BEFORE THERE IS AN INTERCEPTION THAT THERE IS A 13:01:37 DETERMINATION THAT ONE OF THE PARTIES IS A MEMBER OF 13:01:39 AL-QAEDA, AN AGENT OF AL-QAEDA, OR AN AFFILIATED TERRORIST 13:01:44 ORGANIZATION? IS THAT TRUE? 13:01:47 >> SIR, I BELIEVE THAT GENERAL HAYDEN, THE DEPUTY DIRECTOR OF 13:01:55 INTELLIGENCE, CONFIRMED BEFORE THERE IS ANY INTERCEPTION THERE 13:01:58 IS A DETERMINATION MADE BY A INTELLIGENCE OFFICER AT NSA 13:02:05 THAT, IN FACT, WE HAD REASONABLE GROUNDS TO BELIEVE 13:02:07 THAT ONE PARTY IN THE COMMUNICATION IS A MEMBER OR 13:02:11 AGENT OF AL-QAEDA OR AN AFFILIATE TERRORIST 13:02:13 ORGANIZATION. >> IS THERE ANY WAY YOU CAN 13:02:15 GIVE US ASSURANCE OF THAT? IS IT TRUE WITHOUT DISCLOSING 13:02:21 THE METHODS AND SOURCES OF YOUR PROGRAM? 13:02:25 IT SEEMS TO ME THAT THAT IS A -- A VERY IMPORTANT STATEMENT, 13:02:30 AND IF WE WERE REALLY SURE THAT ARE YOU DEALING ONLY WITH THE 13:02:33 COMMUNICATION WHERE YOU HAVE A MEMBER OF AL-QAEDA, AN AGENT OF 13:02:38 AL-QAEDA, OR AN AFFILIATEDED -- AN AFFILIATED OF AN AL-QAEDA 13:02:43 TERRORIST ORGANIZATION IT WOULD BE ONE THING, BECAUSE THE 13:02:46 CONCERN IS IF THERE IS A BROAD SWEEP WHICH INCLUDES PEOPLE 13:02:51 THAT HAVE NO CONNECTION WITH AL-QAEDA, WHAT -- WHAT 13:02:54 ASSURANCES CAN YOU GIVE TO THIS COMMITTEE AND BEYOND THIS 13:03:00 COMMITTEE TO MILLIONS OF AMERICANS WHO ARE VITALLY 13:03:04 INTERESTED IN THIS ISSUE AND FOLLOWING THESE PROCEEDINGS? 13:03:07 >> WELL, I WILL SAY, SENATOR, TO THE AMERICAN PEOPLE AND TO 13:03:11 THIS COMMITTEE, THAT THE PROGRAM AS OPERATED, IS A VERY 13:03:18 NARROWLY TAILORED PROGRAM. AND WE DO HAVE A GREAT NUMBER 13:03:22 OF CHECKS IN PLACE TO ENSURE -- I AM TOLD BY -- BY THE 13:03:29 OPERATIONS FOLKS THAT TO A GREAT DEALING OF CERTAINTY, A 13:03:34 HIGH DEGREE OF CONFIDENCE, THAT THESE CALLS ARE SOLELY 13:03:39 INTERNATIONAL CALLS, WE HAVE THESE CAREER PROFESSIONALS OUT 13:03:42 AT NSA, ARE EXPERTS IN AL-QAEDA TACTICS, AL-QAEDA 13:03:49 COMMUNICATIONS, AL-QAEDA AIMS. THEY ARE THE BEST AT WHAT THEY 13:03:52 DO, AND THEY ARE THE ONES THAT MAKE THE JUDGMENT AS TO WHETHER 13:03:55 OR NOT SOMEONE IS ON A CALL THAT IS A MEMBER OF AL-QAEDA OR 13:03:59 A MEMBER OF AN AFFILIATE ORGANIZATION. 13:04:03 THE INSPECTOR GENERAL AS I'VE INDICATED HAS BEEN INVOLVED IN 13:04:07 THIS PROGRAM FROM ITS EARLY STAGES. 13:04:10 >> LET ME INTERRUPT YOU, BECAUSE I WANT TO COVER A 13:04:12 COUPLE MORE QUESTIONS IN TIME -- TIME IS FLEETING. 13:04:16 I THINK HAVE YOU GIVEN THE SUBSTANCE OF THE RESPONSE. 13:04:19 WE HAVE CONTACTED FORMER ATTORNEY GENERAL ASHCROFT ABOUT 13:04:24 HIS AVAILABILITY TO TESTIFY BEFORE THIS COMMITTEE. 13:04:27 AND HE HASN'T SAID YES, AND HE HASN'T SAID NO. 13:04:30 HE'S CONSIDERING THAT. I BELIEVE THAT THE TESTIMONY OF 13:04:35 A FORMER ATTORNEY GENERAL ASHCROFT WOULD FALL UNDER A 13:04:40 LITTLE DIFFERENT LINE THAN LINE ATTORNEYS WITHIN THE DEPARTMENT 13:04:43 WHO ARE GIVING INFORMATION AND THE CONCERN ABOUT HAVING A 13:04:48 CHILLING EFFECT IF THEY KNOW THEIR VIEWS ARE LATER TO BE 13:04:53 DETERMINED. I THINK THE ATTORNEY GENERAL IS 13:04:56 DIFFERENT, AND MY QUESTION TO YOU IS WOULD -- YOU HAVE ANY 13:05:00 OBJECTION TO FORMER ATTORNEY GENERAL ASHCROFT'S APPEARANCE 13:05:03 BEFORE THIS COMMITTEE ON THIS ISSUE? 13:05:05 >> I WOULD NOT, SENATOR, ALTHOUGH, OF COURSE, IF IT 13:05:10 RELATES TO QUESTIONS REGARDING THE LAW AND THE POSITION OF THE 13:05:13 EXECUTIVE BRANCH, THAT IS WHAT I'M DOING TODAY, CONVEYING TO 13:05:17 THIS COMMITTEE WHAT -- WHAT IS THE EXECUTIVE BRANCH POSITION 13:05:21 ON THE LEGAL AUTHORITIES OF THE PRESIDENT IN AUTHORIZING THE 13:05:26 TERRORIST PROGRAM? >> THAT'S WHAT WE WOULD ASK HIM 13:05:28 ABOUT. WE WOULD ASK HIM ABOUT THE 13:05:30 OPERATIONS. I WOULD TAKE IT I HEARD YOU 13:05:33 CORRECTLY YOU WOULD NOT HAVE AN OBJECTION? 13:05:36 >> SENATOR, COMMITTEE CAN, OF COURSE, ASK WHO THEY WANT TO 13:05:38 ASK TO COME BEFORE THE COMMITTEE. 13:05:40 >> I KNOW WE CAN ASK. TOTALLY DIFFERENT QUESTION IS 13:05:45 TO WHAT WE HEAR IN RESPONSE. HE HASN'T TOLD US THAT HE'S 13:05:48 GOING TO LOOK TO THE DEPARTMENT OF JUSTICE. 13:05:50 BUT I THINK HE WOULD FEEL MORE COMFORTABLE KNOWING THAT YOU 13:05:55 HAD NO OBJECTION. I THOUGHT I HEARD YOU SAY 13:05:58 EARLIER THAT YOU DIDN'T HAVE AN OBJECTION. 13:06:01 >> I DON'T THINK I WOULD HAVE AN OBJECTION. 13:06:03 >> OK. TWO MORE QUESTIONS, I WANT TO 13:06:05 ASK BEFORE MY RED LIGHT GOES ON. 13:06:09 ON LOOKING AT CONGRESSIONAL INTENT, AS TO WHETHER THE 13:06:12 RESOLUTION AUTHORIZING THE USE OF FORCE, WHETHER CONGRESS 13:06:19 INTENDED FOR THAT GENERALIZED RESOLUON TO CARRY AN 13:06:24 AUTHORIZATION FOR THIS ELECTRONIC SURVEILLANCE AND A 13:06:28 DISTINCTION ON TO THE FOREIGN INTELLIGENCE SURVEILLANCE ACT, 13:06:31 YOU WERE QUOTED AS SAYING, QUOTE, THAT WAS NOT SOMETHING 13:06:34 WE COULD LIKELY GET. NOW, THAT'S DIFFERENT FROM THE 13:06:38 RESPONSE YOU HAD THAT IT MIGHT INVOLVE DISCLOSURES. 13:06:43 I'LL LIMIT I TO THIS ONE QUESTION IF THIS IS SOMETHING 13:06:46 YOU COULD NOT LIKELY GET, THEN HOW CAN YOU SAY CONGRESS 13:06:50 INTENDED TO GIVE YOU THIS AUTHORITY? 13:06:52 >> SENATOR -- >> LET THE RECORD SHOW MY RED 13:06:55 LIGHT WITH THE CONCLUSION OF THE STATEMENT. 13:06:57 >> SENATOR, IN THAT SAME PRESS CONFERENCE, I CLARIFIED THAT 13:07:01 STATEMENT, I THINK THE NEXT PRESS CONFERENCE, I WAS HIT 13:07:05 WITH MIKE CHERTOFF. I CLARIFIED THAT STATEMENT. 13:07:07 AND THAT IS THE CONSENSUS WAS IN A MEETING THAT LEGISLATION 13:07:11 COULD NOT BE OBTAINED WITHOUT COMPROMISING THE, I.E., 13:07:18 DISCUSING -- -- CLOSING THE PROGRAM, THOUSAND OPERATED AND 13:07:24 EFFECTIVELY KIG THE PROGRAM. >> THANK YOU VERY MUCH. 13:07:27 SENATOR LEAHY. >> MR. CHAIRMAN, YOU RAISE SOME 13:07:32 INTERESTING POINTS, AND I -- YOU KNOW, I I LISTEN TO THE 13:07:39 ATTORNEY GENERAL WHO IS NOW ARGUING THAT THE PRESIDENT'S 13:07:42 WIRE TAPPING ON AMERICANS WITHOUT A WARRANT IS LEGAL, NOT 13:07:47 VIOLATE THE CONTROL LAW, THE FOREIGN INTELLIGENCE 13:07:52 SURVEILLANCE ACT. THEY GIVE IT A FANCY NAME TO 13:07:56 THE PRESIDENT'S SURVEILLANCE, BUT I WOULD REMIND HIM THAT THE 13:08:01 TERRORIST SURVEILLANCE PROGRAM IS THE FISA LAW, WE PASSED. 13:08:07 I THINK YOU ARE VIOLATING EXPRESS PROVISIONS OF THE ACT. 13:08:13 LET ME JUST ASK YOU A FEW QUESTIONS THAT COULD BE EASILY 13:08:17 ANSWERED YES OR NO. I'M NOT ASKING ABOUT OPERATION 13:08:19 OF DETAILS. I'M TRYING TO UNDERSTAND WHEN 13:08:22 THE ADMINISTRATION CAME TO THE CONCLUSION THAT THE 13:08:27 CONGRESSIONAL RESOLUTION AUTHORIZED IN THE MILITARY 13:08:32 FORCE AGAINST AL-QAEDA, WHERE WE HAD HOPED WE COULD ACTUALLY 13:08:36 CATCH OSAMA BIN LADEN, THE MAN WHO HIT US, BUT WHERE YOU CAME 13:08:39 TO THE CONCLUSION THAT IT AUTHORIZED WARRANTLESS WIRE 13:08:43 TAPPING OF AMERICANSED IN THE UNITED STATES. 13:08:47 DID YOU REACH THAT CONCLUSION BEFORE THE SENATE PASSED THE 13:08:51 RESOLUTION ON SEPTEMBER 14, 201? 13:09:04 >> I CAN SAY THAT THE DECISION WAS MADE SUBSEQUENT TO THE 13:09:10 AUTHORIZATION TO USE MILITARY FORCE, OUR -- 13:09:13 >> SO -- >> AND IT WAS COMPLETED PRIOR 13:09:15 TO THE AUTHORIZATION OF THAT PROGRAM. 13:09:17 >> SO YOUR ANSWER IS YOU DID NOT COME TO THAT CONCLUSION 13:09:19 BEFORE THE SENATE PASSED THE RESOLUTION ON SEPTEMBER 14, 13:09:23 2001? >> SIR, I HAD CERTAINLY NOT 13:09:25 COME TO THAT CONCLUSION. THERE MAY HAVE BEEN OTHERS IN 13:09:28 THE ADMINISTRATION WHO DID. >> WERE YOU AWARE OF ANYONE IN 13:09:32 THE ADMINISTRATION THAT CAME TO THAT CONCLUSION BEFORE 13:09:34 SEPTEMBER 14, 2001? >> SENATOR, SITTING HERE RIGHT 13:09:38 NOW, I DON'T HAVE ANY KNOWLEDGE OF THAT. 13:09:42 >> WERE YOU AWARE OF ANYBODY COMING TO THAT CONCLUSION 13:09:45 BEFORE THE PRESIDENT SIGNED THE RESOLUTION ON SEPTEMBER 18, 13:09:52 2001? >> NO, SIR. 13:09:53 THE ONLY THING I CAN RECALL IS WE HAD JUST BEEN ATTACKED, AND 13:09:57 WE HAD BEEN ATTACKED BY AN ENEMY FROM WITHIN OUR OWN 13:10:01 BOARDSERS -- >> ATTORNEY GENERAL, I 13:10:03 UNDERSTAND. I WAS HERE WHEN THAT ATTACK 13:10:06 HAPPENED. AND I JOINED WITH REPUBLICANS 13:10:09 AND VIRTUALLY EVERY MEMBER OF THIS CONGRESS TO TRY TO GIVE 13:10:12 YOU THE TOOLS THAT YOU SAID YOU NEEDED FOR US TO GO AFTER 13:10:16 AL-QAEDA, AND ESPECIALLY TO GO AFTER OSAMA BIN LADEN, THE MAN 13:10:19 THAT WE ALL UNDERSTOOD MASTERMINDED THE ATTACK, THE 13:10:22 MAN WHO IS STILL AT LARGE. NOW, BACK TO MY QUESTION. 13:10:26 DID YOU COME TO THE CONCLUSION THAT YOU HAD TO HAVE THIS 13:10:30 WARRANTLESS WIRE TAPPING OF AMERICANSED IN THE UNITED 13:10:33 STATES PROTECT US BEFORE THE PRESIDENT SIGNED THE RESOLUTION 13:10:37 ON SEPTEMBER 18, 2004 1? YOU WERE THE WHITE HOUSE 13:10:41 COUNCIL AT THE TIME. >> WHAT I CAN SAY IS WE CAME TO 13:10:46 A CONCLUSION THAT THE PRESIDENT HAD THE AUTHORITY TO AUTHORIZE 13:10:49 THIS KIND OF ACTIVITY BEFORE HE ACTUALLY AUTHORIZED THE 13:10:51 ACTIVITY. >> WHEN THAT WAS? 13:10:53 >> IT WAS SUBSEQUENT TO THE AUTHORIZATION TO USE MILITARY 13:10:56 FORCE. >> WHEN? 13:10:57 >> SIR, IT WAS JUST A SHORT PERIOD OF TIME AFTER THE 13:11:00 AUTHORIZATION TO USE MILITARY FORCE. 13:11:02 >> IT WAS BEFORE OR AFTER NSA BEGAN ITS SURVEILLANCE 13:11:07 PROGRAM? >> AGAIN, THE -- THE NSA DID 13:11:11 NOT COMMENCE THE ACTIVITIES UNDER THE TERRORIST 13:11:14 SURVEILLANCE PROGRAM BEFORE THE PRESIDENT GAVE HIS 13:11:16 AUTHORIZATION AND BEFORE THE PRESIDENT GAVE THE 13:11:18 AUTHORIZATION. HE WAS ADVISED BY LAWYERS 13:11:20 WITHIN THE ADMINISTRATION THAT HE THE LEGAL AUTHORITY TO 13:11:23 AUTHORIZE THIS KIND OF SURVEILLANCE. 13:11:25 >> SO NSA DIDN'T DO THIS UNTIL THE PRESIDENT GAVE HIM 13:11:28 THE GREEN LIGHT THAT THEY HAD -- TO AUTHORIZE WARRANTLESS 13:11:31 WIRE TAPPING OF AMERICANSED IN THE UNITED STATES, UNDER THE 13:11:36 CIRCUMSTANCES YOU HAVE DESCRIBED IN YOUR EARLIER 13:11:38 TESTIMONY. >> OF COURSE, SENATOR, THE 13:11:41 NSA HAS OTHER AUTHORITIES TO ENGAGE IN ELECTRONIC 13:11:44 SURVEILLANCE. >> I'M TALKING ABOUT THE 13:11:45 SPECIFIC PROGRAM. >> I'M TOLD THEY TOOK ADVANTAGE 13:11:48 OF THOSE AUTHORITIES. IT'S MY UNDERSTANDING, AND I 13:11:50 BELIEVE THIS TO BE TRUE THAT THE NSA DID NOT COMMENCE ANY 13:11:54 KIND OF ELECTRONIC SURVEILLANCE WHICH I'M DISCUSSING HERE TODAY 13:11:57 PRIOR TO THE PRESIDENT'S AUTHORIZATION. 13:12:00 >> THE PRESIDENT HAS SAID PUBLICLY HE GAVE ABOUT 30 OF 13:12:02 THESE AUTHORIZATIONS HAVING HELD OFF FOR A PERIOD OF TIME I 13:12:06 THINK WHEN THE ADMINISTRATION HEARD THE "NEW YORK TIMES" WAS 13:12:10 LOOKING INTO IT, BUT YOUR WHITE HOUSE COUNT SILL. 13:12:15 DID THE PRESIDENT GIVE HIS FIRST AUTHORIZATION BEFORE, OR 13:12:21 AFTER, ATTORNEY GENERAL AFTERNOON CROFT MET WITH US AND 13:12:24 GAVE US THE PROPOSALS FOR THE ADMINISTRATION, ULTIMATELY WENT 13:12:29 INTO THE U.S.A. PATRIOT ACT? >> SIR, I DON'T KNOW. 13:12:34 I DON'T KNOW WHEN HE GAVE YOU THOSE PROPOSALS. 13:12:37 >> WELL, WE ENACTED THE PATRIOT ACT IN OCTOBER 2001. 13:12:41 WE USED THE -- AND YOU WERE THERE AT THE SIGNING CEREMONY. 13:12:45 WE USED THE -- WE TRIED TO ENCOMPASS THOSE THING THAT THE 13:12:52 ADMINISTRATION SAID THEY NEEDED. 13:12:53 WAS THE FIRST ONE OF THE PRESIDENT'S AUTHORIZATIONS DONE 13:12:56 BEFORE HE SIGNED THE U.S.A. PATRIOT ACT? 13:12:59 >> I WOULD HAVE TO GO BACK AND CHECK. 13:13:01 I DON'T KNOW. >> YOU WILL BE BACK THIS 13:13:04 AFTERNOON. PLEASE CHECK, BECAUSE I'LL ASK 13:13:06 THIS QUESTION AGAIN. HAVE YOU GOT -- I'M LOOKING 13:13:08 AROUND THE ROOM. AN AWFUL LOT OF STAFF. 13:13:11 LET'S HAVE THAT ANSWER BEFORE. YOU WERE THERE WHEN HE SIGNED 13:13:14 THE ACT. LET US KNOW WHEN HIS FIRST 13:13:17 AUTHORIZATION, WHETHER IT WAS BEFORE OR AFTER HE SIGNED THAT 13:13:20 ACT. >> SIR, MAY I MAKE A STATEMENT? 13:13:25 WE BELIEVE THE AUTHORIZATION TO USE MILITARY FORCE CONSTITUTED 13:13:30 STATUTORY GRANT OF AUTHORITY TO ENGAGE IN THIS 13:13:33 COUNTERSURVEILLANCE, IT, THEREFORE, BE NECESSARY TO SEEK 13:13:35 AN AMENDMENT TO FISA THROUGH THE PATRIOT ACT. 13:13:38 >> OK. YOU -- MY QUESTION STILL 13:13:42 REMAINS, AND, LIKE SENATOR SPECTER, I WANT -- I'M TRYING 13:13:46 TO ASK THESE THINGS BASICALLY YOU CAN ANSWER YES OR NO. 13:13:49 YOU TALK ABOUT THE AUTHORIZATION OF THE U.S. -- 13:13:52 FOR USE OF MILITARY FORCE. WE HAVE A CHART UP OVER THERE. 13:13:57 IT SAYS THAT THE PRESIDENT'S AUTHORIZED TO USE ALL NECESSARY 13:14:00 AND APPROPRIATE FORCE AGAINST THOSE NATIONS AND ORGANIZATIONS 13:14:03 THAT PLANS TO COMMIT, AID, OR AUTHORIZE THE TRIRS ATTACKS 13:14:08 THAT OCCURRED ON SEPTEMBER 11, 2001, OR HARBOR PERSONS TO 13:14:12 PREVENT FUTURE ACTS OF TERRORISM AGAINST THE UNITED 13:14:14 STATES BY SUCH NATIONS, ORGANIZATIONS, OR PERSONS. 13:14:19 NOW, BASICALLY WHAT ARE YOU SAYING IS THAT CONGRESS MUST 13:14:23 HAVE UNDERSTOOD TO HAVE AUTHORIZED THE PRESIDENT TO DO 13:14:27 IT, NOT THAT WE ACTUALLY DID, BUT WE MUST HAVE UNDERSTOOD IT. 13:14:31 NOW, THIS AUTHORIZATION IS NOT A WIRE TAP STATUTE. 13:14:34 I WAS A PROSECUTOR, SENATOR SPECTRE WAS A PROSECUTOR. 13:14:39 A LOT OF OTHER PROSECUTORS HERE. 13:14:40 WE KNOW WHAT THE WIRE TAP STATUTE LOOKS LIKE. 13:14:43 THIS IS NOT IT. LET ME ASK THIS. 13:14:45 UNDER THAT LOGIC, IS THERE ANYTHING TO STOP YOU FROM 13:14:52 IRWIRE TAPPING WITHOUT A WARRANT SOMEBODY IN THE UNITED 13:14:55 STATES THAT YOU SUPPORT OF HAVING AL-QAEDA CONNECTION? 13:15:01 >> CLEARLY, SENATOR, THAT IS NOT WHAT'S GOING ON HERE, FIRST 13:15:05 OF ALL. THE PRESIDENT HAS AUTHORIZED A 13:15:07 MUCH MORE NARROW PROGRAM. WE ARE ALWAYS, OF COURSE, 13:15:10 SUMMING TO THE FOURTH AMENDMENT. 13:15:13 SO THE ACTIVITIES OF ANY KIND OF SURVEILLANCE WITHIN THE 13:15:16 UNITED STATES WOULD, OF COURSE, BE SUBJECT TO THE FOURTH 13:15:19 AMENDMENT. >> MR. ATTORNEY GENERAL, WE ARE 13:15:21 GETTING THE IMPRESSION THAT THIS ADMINISTRATION IS KIND OF 13:15:24 PICKING AND CHOOSING WHAT THEY ARE SUBJECT TO. 13:15:26 CAN YOU SHOW US IN THE AUTHORIZATION OF A USE OF 13:15:29 MILITARY FORCE WHAT IS THE SPECIFIC LANGUAGE YOU SAY 13:15:32 THAT'S AUTHORIZED IN WIRE TAPPING OF AMERICANS WITHOUT A 13:15:36 WARRANT? >> SIR, IS NO SPECIFIC 13:15:39 LANGUAGE, BUT NEITHER IS THE SPECIFIC LANGUAGE DETAIN 13:15:44 AMERICAN CITIZENS, THE SUPREME COURT SAID THAT THE WORDS ALL 13:15:49 NECESSARY AND APPROPRIATE FORCE MEANS ALL ACTIVITIES 13:15:52 FUNDAMENTALLY INCIDENT -- >> BUT THERE WASN'T A LAW -- 13:15:54 THEY DIDN'T HAVE A LAW SPECIFICALLY ON THIS. 13:15:57 >> SURE THEY DID, SIR. >> THE JACKSON TEST, THEY HAVE 13:16:00 A LAW ON WIRE TAPPING, IT'S CALLED FISA. 13:16:03 IT'S CALLED FISA, AND IF YOU DON'T LIKE THAT LAW IF THAT LAW 13:16:08 DOESN'T WORK, WHY NOT JUST -- WHY NOT JUST ASK US? 13:16:13 >> SIR, THERE WAS A LAW AT QUESTION IN HAMDI. 13:16:18 18 U.S.C. 4001-A, YOU CANNOT DETAIN A U.S. CITIZEN EXCEPT AS 13:16:24 AUTHORIZED BY CONGRESS AND HAMDI CAME IN SAYING THE 13:16:27 AUTHORIZATION TO USE MILITARY FORCE ISN'T SUCH A PERMISSION 13:16:30 BY CONGRESS TO DETAIN AN AMERICAN SAID ZEN, THE SUPREME 13:16:35 COURT, JUSTICE O'CONNOR SAID EVEN THOUGH THE WORDS WERE NOT 13:16:38 INCLUDED IN THE THORKS JUSTICE O'CONNOR SAID CONGRESS CLEARLY 13:16:44 AND UNMISTAKEABLY AUTHORIZE THE PRESIDENT TO DETAIN AN AMERICAN 13:16:50 CITIZEN, AND DETENTION IS FAR MORE INTRUSIVE THAN ELECTRONIC 13:16:55 SURVEILLANCE. >> LET ME ASK YOU THIS. 13:16:57 UNDER YOUR INTERPRETATION OF THIS, CAN YOU GO IN AND DO MAIL 13:17:01 SEARCHES, CAN YOU GO INTO E-MAILS? 13:17:04 CAN YOU OPEN MAIL? CAN CAN YOU DO BLACK BAG JOBS? 13:17:08 AND UNDER THE IDEA THAT YOU DON'T HAVE MUCH TIME TO GO 13:17:12 THROUGH WHAT YOU DESCRIBE AS A CUMBERSOME PROCEDURE, CHA WHA 13:17:16 MOST PEOPLE THINK IS A PRETTY EASY PROCEDURE TO GET A FISA 13:17:20 WARRANT, CAN YOU GO AND DO THAT, OF AMERICANS? 13:17:22 >> SIR, I'VE TRIED TO OUTLINE FOR AND YOU THE COMMITTEE WHAT 13:17:26 THE PRESIDENT HAS AUTHORIZED, THAT AST ALL THAT HE HAS 13:17:29 AUTHORIZED. >> DID IT AUTHORIZE THE OPENING 13:17:31 OF FIRST-CLASS MAIL OF U.S. CITIZENS? 13:17:36 THAT YOU CAN ANSWER YES OR NO. >> THERE IS ALL KINDS OF WILD 13:17:40 SPECULATION -- >> DID IT AUTHORIZE IT? 13:17:43 >> LET HIM FINISH. >> THIS IS WILD SPECULATION 13:17:47 ABOUT WHAT THE PRESIDENT AUTHORIZED. 13:17:49 AND WHAT WE'RE ACTUALLY DOING. I'M NOT GOING TO GET INTO A 13:17:52 DISCUSSION ABOUT -- >> ATTORNEY GENERAL, YOU ARE 13:17:55 NOT ANSWER MY QUESTION. DOES THIS LAW -- ARE YOU THE 13:17:59 CHIEF LAW ENFORCEMENT OFFICER OF THE COUNTRY. 13:18:02 DOES THIS LAW AUTHORIZE THE OPENING OF FIRST-CLASS MAIL OF 13:18:06 U.S. CITIZENS? YES OR NO, UNDER YOUR 13:18:09 INTERPRETATION? >> SENATOR, I THINK THAT, 13:18:12 AGAIN, THAT IS NOT WHAT IS GOING ON HERE. 13:18:15 WE'RE ONLY FOCUSED ON COMMUNICATIONS, INTERNATIONAL 13:18:20 COMMUNICATIONS WHERE ONE PART OF THE COMMUNICATION IS 13:18:23 AL-QAEDA. THAT'S -- THAT'S WHAT THIS 13:18:24 PROGRAM IS ALL ABOUT. >> THAT DOESN'T ANSWER MY 13:18:27 QUESTION. WELL, MR. CHAIRMAN, I'LL COME 13:18:35 BACK TO THIS, AND THE TONE GENERAL UNDERSTAND THERE'S SOME 13:18:38 DATES HE IS GOING TO CHECK DURING THE BREAK, I'LL GO BACK 13:18:41 TO HIM. >> FROM EARLIER TODAY, SENATOR 13:18:44 LEAHY AND THE CHAIRMAN, SENATOR SPECTER, QUESTIONING ATTORNEY 13:18:49 GENERAL ALBERTO GONZALES, HERE IN HART 216 ON CAPITOL HILL. 13:18:53 THE HEARING RESUMES AT 1:45, BACK FROM A LUNCH BREAK AND 13:18:57 MORE ROUND OF 10-MINUTE QUESTIONING FOR THE ATTORNEY 13:19:01 GENERAL. BACK AT 1:45 THIS AFTERNOON, 13:19:03 YOU CAN SEE THE HEARING AGAIN TONIGHT AT 8:00 ON C-SPAN. 13:19:08 ALSO IN WASHINGTON ON CAPITOL HILL AND ELSEWHERE, THE RELEASE 13:19:11 OF THE PRESIDENT'S BUDGET, HIS FISCAL BLUEPRINT FOR THE 2007 13:19:17 FISCAL YEAR. WE'RE COVERING THE RELEASE AT 13:19:20 THE OFFICE OF MANAGEMENT AND BUDGET. 13:19:22 SEVERAL CABINET SECTS TALKING ABOUT THEIR BUDGET. 13:19:24 WE'LL SHOW YOU SOME OF THAT LATER IN OUR PROGRAM SCHEDULE 13:19:27 HERE ON C-SPAN AND ALSO ON C-SPAN 2. 13:19:30 IF YOU WOULD LIKE TO TAKE A LOOK AT THE BUDGET AND SOME OF 13:19:32 THE ELEMENTS IN IT, GO TO C-SPAN.ORG IN THE FEATURED LINK 13:19:40 SECTION, YOU'LL HAVE ACCESS TO THE BUDGET. 13:19:42 IN THE MEANTIME, WHILE WE WAIT FOR THE HEARING TO COME BACK, 13:19:47 WE'LL TAKE TO YOU THE WHITE HOUSE BRIEFING. 13:19:50 LOTS OF QUESTIONS ON THE BUDGET AND THE NSA SURVEILLANCE 13:19:53 PROGRAM FOR SCOTT MCLELLAN. >> GOOD AFTERNOON, EVERYONE. 13:19:56 I'VE GOT TWO CALLS TO READ OUT TO YOU BRIEFLY, THEN I'LL BE 13:20:01 GLAD TO GO TO YOUR QUESTIONS. THE PRESIDENT THIS MORNING 13:20:04 CALLED DAN ROONEY, THE OWNER OF THE PITTSBURGH STEELERS TO 13:20:08 CONGRATULATE HIM, THE COACH, AND THE PITTSBURGH STEELERS ON 13:20:11 A GREAT SUPER BOWL VICTORY. AND THEN LATER THIS MORNING, 13:20:16 THE PRESIDENT MADE A WORLD LEADER CALL. 13:20:18 THE PRESIDENT CALLED THE AMIR OF KUWAIT TO EXTEND OUR 13:20:23 PERSONAL CONDOLENCES ON THE DEATH OF HIS BROTHER, THE LATE 13:20:27 AMIR, TO OFFER CONGRATULATIONS AND BEST WISHES AS HE TAKES 13:20:30 OVER THE POSITION. THE AMIR EXPRESSED APPRECIATION 13:20:35 TO THE CALL AND INDICATED HE WOULD CONTINUE ON THE PATH OF 13:20:39 HIS BROTHER, CONTINUING BEING ON STRONG U.S.-KUWAIT 13:20:43 RELATESES. HE INVITED THE AMIR TO VISIT 13:20:46 THE WHITE HOUSE AT HIS CONVENIENCE. 13:20:47 EARLIER TODAY, YOU HEARD FROM OUR BUDGET DIRECTOR, JOSH 13:20:51 BOLTEN ABOUT THE BUDGET RELEASED EARLIER TODAY. 13:20:54 THIS IS A BUDGET THAT CONTINUES TO BUILDING UPON THE PRO-GROWTH 13:20:58 POLICIES WE HAVE PUT IN PLACE TO GET OUR ECONOMY GROWING AND 13:21:02 CALLS FOR MAKING TAX CUTS PERMANENT. 13:21:05 WE HAVE SEEN OVER THE PAST COUPLE OF YEARS THE CREATION OF 13:21:09 NEARLY 4.8 MILLION NEW JOBS, UNEMPLOYMENT RATE THAT'S DOWN 13:21:12 TO 4.7%. WE NEED TO CONTINUE TO BUILD ON 13:21:15 THAT BY BUILDING UPON THE PRO-GROWTH POLICIES THAT THE 13:21:18 PRESIDENT HAS OUTLINED IN MAKING TAX CUTS PERMANENT. 13:21:21 IT'S ALSO A BUDGET THAT RESTRAINS PENDING AND BUILDS 13:21:25 UPON THE PROGRESS CONGRESS HAS MADE TO REDUCE NONSECURITY 13:21:30 DISCRETIONARY SPENDING AND REDUCE GROWTH IN OUR 13:21:33 ENTITLEMENT PROGRAMS, IT FOCUSES ON OUR MOST IMPORTANT 13:21:36 PRIORITIES, FROM WINNING THE WAR ON TERRORISM TO 13:21:40 STRENGTHENING OUR HOMELAND DEFENSES TO HELPING THE PEOPLE 13:21:42 OF THE GULF COAST RECOVER AND REBUILD THEIR LIVES AND THEIR 13:21:46 COMMUNITY AS WELL AS FUNDING IMPORTANT DOMESTIC PRIORITIES 13:21:49 TO REDUCE HEALTHCARE COSTS AND REDUCE OUR DEPENDENCE ON 13:21:52 FOREIGN SOURCES OF INJURY, TO KEEP AMERICA THE MOST 13:21:56 COMPETITIVE COMMITTEE IN THE WORLD. 13:21:57 AND WITH THAT, I'LL BE GLAD TO GO TO YOUR QUESTIONS. 13:22:01 >> IRAN HAS ANNOUNCED ITS CUTTING OFF TRADE TIES WITH 13:22:07 DENMARK OVER THE CARTOON WITH THE PROPHET MUHAMMAD. 13:22:11 DOES THIS WORRY YOU AT ALL? >> I HAVEN'T SEEN WHAT REGIME 13:22:14 IN IRAN -- I THINK WE HAVE MADE OUR VIEWS VERY CLEAR WHEN IT 13:22:19 COMES TO THE REGIME, BUT IN TERMS OF THE ISSUE RELATING TO 13:22:22 THE CARTOONS, WE HAVE SPOKEN OUT ABOUT THIS VERY ISSUE. 13:22:26 WE CONDEMN THE ACTS OF VIOLENCE THAT HAVE TAKEN PLACE. 13:22:29 THERE SIMPLY IS NO JUSTIFICATION TO ENGAGE IN 13:22:32 VIOLENCE. WE CALL FOR CONSTRUCTIVE AND 13:22:36 PEACEFUL DIALOG BASED ON RESPECT FOR ALL RELIGIOUS 13:22:41 FAITHS. THOSE WHO DISAGREE WITH THE 13:22:45 VIEWS HAVE THE RIGHT TO EXPRESS THEIR VIEWS. 13:22:49 BUT THEY SHOULD DO SO IN A PEACEFUL MANNER, WE URGE ALL 13:22:54 GOVERNMENTS TO TAKE STEPS TO LOWER TENSIONS AND PREVENT 13:22:58 VIOLENCE, INCLUDING AGAINST DIPLOMATIC PREMISES, 13:23:00 BUSINESSES, AND INDIVIDUALS. AND LET ME MAKE A COUPLE OTHER 13:23:05 IMPORTANT COMMENTS. WE HAVE TALKED ABOUT THE NEED 13:23:06 FOR TOLERANCE AND RESPECT, FOR PEOPLE OF ALL COMMUNITY AND ALL 13:23:12 FAITHS. AND THAT'S IMPORTANT FOR 13:23:14 EVERYONE TO HEED. WE HAVE ALSO SAID THAT WE 13:23:19 UNDERSTAND FULLY WHY MUSLIMS FIND THE CARTOONS OFFENSIVE, WE 13:23:24 HAVE SPOKEN OUT ABOUT THAT. IN A FREE SOCIETY, PEOPLE HAVE 13:23:28 THE RIGHT TO EXPRESS THEIR VIEWS, EVEN WHEN THEY ARE 13:23:32 OFFENSIVE AND WRONG. WE SUPPORT AND RESPECT THE 13:23:34 FREEDOM OF PRESS, BUT THEY ARE ALSO IMPORTANT RESPONSIBILITIES 13:23:38 THAT COME WITH THAT FREEDOM, THAT'S WHY WE CONTINUE TO URGE 13:23:44 TOLERANT RESPECT FOR PEOPLE OF ALL FAITHS. 13:23:45 WE URGE ALL OF THOSE WHO ARE CRITICIZING OR CRITICAL OF THE 13:23:51 CARTOONS TO FORCEFULLY SPEAK OUT AGAINST ALL FORMS OF 13:23:54 HATEFUL SPEECH, INCLUDING CARTOONS AND ARTICLES THAT 13:23:56 FREQUENTLY HAVE APPEARED IN THE ARAB WORLD ESPOUSING 13:24:01 ANTI-SEMITIC AND ANTI-CHRISTIAN VIEWS, SO THOSE ARE THE POINTS 13:24:05 WE WOULD EMPHASIZE WHEN IT COMES TO THIS VERY ISSUE. 13:24:08 >> GOOD, DEB. >> IN THE NSA HEARING THIS 13:24:12 MORNING, SPECTER SUGGESTED THAT THE LEGALITY OF THE PROGRAM BE 13:24:17 PERMITTED TO A SPECIAL COURT SET UP THROUGH THE FISA ACT, 13:24:21 AND GONZALES INITIALLY DIDN'T SAY MUCH ABOUT IT, BUT THEN HE 13:24:25 DIDN'T -- HE DIDN'T EXACTLY HAVE ANY OBJECTION TO THAT IDEA 13:24:28 IS THAT SOMETHING THE WHITE HOUSE IS CONSIDERING? 13:24:31 >> A COUPLE OF THING, ONE, I DON'T WANT TO GET INTO DOING ON 13:24:35 THE SPOT ANALYSIS OF THE ATTORNEY GENERAL'S TESTIMONY 13:24:39 TODAY. THIS IS ONGOING, I WON'T DO A 13:24:42 PLAY BY PLAY COMMENTARY ON IT. THE PROGRAM IS A VITAL PROGRAM. 13:24:46 IT'S TARGETED AND LIMITED. ITS ONE SPURP DIRECTED TO 13:24:51 PREVENTING AND DETECTING ATTACKS. 13:24:53 AS YOU HAVE HEARD FROM DIRECTOR HAZARD AYDEN, MULLEN, 13:24:59 NEGROPONTE, IT'S A USEFUL AND SUCCESSFUL PROGRAM. 13:25:01 AND THE ATTORNEY GENERAL IS EXPLAINING THE LEGAL 13:25:04 JUSTIFICATION BEHIND THAT PROGRAM. 13:25:05 WE ARE A NATION AT WAR, AND SURVEILLANCE OF THE ENEMY IS 13:25:10 CRITICAL TO WAGING AND WINNING WAR. 13:25:13 NOW IN TERMS OF THE SPECIFIC ISSUE YOU BRING UP, I WON'T GET 13:25:16 INTO RULING THINGS IN OR OUT FROM THIS PODIUM THIS IS 13:25:19 SOMETHING WE HAVE BRIEFED MEMBERS OF CONGRESS ON OVER THE 13:25:22 COURSE OF THE LAST SEVERAL YEARS. 13:25:24 WE WILL CONTINUE TO BRIEF MEMBERS OF CONGRESS ABOUT THIS 13:25:27 VITAL PROGRAM. IT IS CRITICAL TO PROTECTING 13:25:30 THE AMERICAN PEOPLE. IT IS ONE TOOL IN OUR TOOLBOX 13:25:33 THAT WE HAVE AVAILABLE TO US TO WIN THE WAR ON TERRORISM, AND 13:25:38 TO DISRUPT PLATS HERE AT HOME AND PREVENT ATTACKS. 13:25:41 >> IS IT SAFE TO SAY THAT THE WHITE HOUSE WILL ENTER TAKEN -- 13:25:46 >> I THINK IT'S SAFE TO SAY EXACTLY WHAT I JUST SAID. 13:25:50 >> SINCE THE PRESIDENT SAID HE BELIEVES HE IS STRONGLY ACTING 13:25:54 WITHIN HIS AUTHORITY, WOULDN'T A REVIEW BE WELCOMED SO IT 13:25:57 COULD GIVE GREATER ASSURANCE TO THE AMERICAN PUBLIC THAT HE IS 13:26:02 DOING THAT? WOULD HE SUPPORT THAT IDEA? 13:26:04 >> THE PRESIDENT DID -- THE ATTORNEY GENERAL RESPONDED TO 13:26:08 THAT VERY QUESTION EARLIER TODAY. 13:26:10 I HAVE EXPRESSED OUR VIEWS FROM THIS PODIUM, KEEPING MEMBERS OF 13:26:14 CONGRESS ABOUT THIS VITAL PROGRAM IS IMPORTANT. 13:26:16 THAT'S WHY THE PRESIDENT HAS DONE IT FROM THE VERY 13:26:18 BEGINNING. THIS IS A LIMITED PROGRAM IN 13:26:20 NATURE. WE'LL CONTINUE TO WORK WITH 13:26:21 CONGRESS AS WE MOVE FORWARD, BUT I THINK THE AMERICAN PEOPLE 13:26:24 UNDERSTAND THE IMPORTANCE OF THE PRESIDENT DOING EVERYTHING 13:26:27 HE CAN WITHIN HIS POWER TO PREVENT ATTACKS FROM HAPPENING. 13:26:30 HE HAS NOT ONLY THE AUTHORITY TO DO THIS, BUT HE HAS THE 13:26:35 RESPONSIBILITY TO DO THIS. THE 9/11 COMMISSION TALKED 13:26:38 ABOUT COMMUNICATIONS OF AL-QAEDA, E-MAIL 13:26:43 COMMUNICATIONS, INTERNET COMMUNICATIONS, AND CELL PHONE 13:26:46 COMMUNICATIONS FROM WITHIN THE UNITED STATES TO ABROAD. 13:26:49 THAT'S WHAT WE'RE TALKING ABOUT HERE, DETECTING AND PREVENTING 13:26:53 ATTACKS, AND FOCUSING ON AL-QAEDA OR 13:26:57 AL-QAEDA-AFFILIATEDED COMMUNICATIONS. 13:27:00 >> -- ANY FURTHER CLARIFICATION? 13:27:03 >> I'M NOT GOING TO RULE THINGS IN OR OUT FROM THIS PODIUM. 13:27:08 >> DO YOU THINK HE SHOULD OBEY THE LAW? 13:27:11 HE PUT HIS HAND ON THE BIBLE TWICE TO UPHOLD THE 13:27:14 CONSTITUTION. WIRE TAPPING IS NOT LEGAL UNDER 13:27:16 THE CIRCUMSTANCES WITHOUT A WARRANT. 13:27:18 >> I GUESS YOU DIDN'T PAY ATTENTION TO THE ATTORNEY 13:27:20 GENERAL'S HEARING EARLIER TODAY, BECAUSE HE WALKED 13:27:22 THROUGH VERY CLEARLY THE RATIONALE BEFORE -- BEHIND THIS 13:27:27 PROGRAM, HELEN, YOU HAVE TO ASK -- WELL, HE'S NOT. 13:27:30 ARE WE A NATION AT WAR? >> THAT'S NOT THE QUESTION. 13:27:34 >> THAT IS THE ISSUE. >> THE QUESTION IS THERE ARE 13:27:37 MEANS TO GO GET A WARRANT TO SPY ON PEOPLE. 13:27:40 >> ENEMY SURVEILLANCE IS CRITICAL TO WAGING A WINNING 13:27:43 WAR. IT'S A TRADITIONAL TOOLS OF 13:27:46 WAR. >> BUT HE DOESN'T HAVE RUNNING 13:27:49 ROOM. >> AND IT'S CLEAR HOW PREVIOUS 13:27:52 ADMINISTRATIONS HAVE CITED THE SAME AUTHORITY, AND WE'LL 13:27:57 CONTINUE TO GO EVERYTHING WE CAN IN THE POWER TO PROTECT THE 13:28:01 AMERICAN PEOPLE THIS IS A VERY DIFFERENT CIRCUMSTANCES, YOU 13:28:03 KNOW THAT. >> NO, I DON'T. 13:28:05 >> TWO QUESTIONS. ONE, TWO WILL -- 13:28:08 >> GO BACK AND THROIVEN WHAT THE ATTORNEY GENERAL SAYS. 13:28:12 THERE ARE CAREER OFFICIALS TO MAKE THE DECISIONS WHEN IT 13:28:15 COMES TO THIS. GOOD. 13:28:19 >> [INAUDIBLE] 13:28:33 AND -- [INAUDIBLE] 13:28:38 U.S. RELATIONS BY MAKING COMMENTS THAT INDIA MORE BE IN 13:28:44 FAVOR OF THE U.S. OTHERWISE -- [INAUDIBLE] 13:28:53 NOW SOME SAY IN INDIA -- [INAUDIBLE] 13:29:05 >> I THINK ACTUALLY THE STATE DEPARTMENT CLARIFIED THESE 13:29:08 VIEWS THAT WERE BEING EXPRESSED AS PERSONAL VIEWS, PERSONAL 13:29:11 OBSERVATIONS THAT THE AMBASSADOR WAS MAKING, THEY 13:29:14 TALKED ABOUT THIS VERY ISSUE AND WENT ON TO COMMENT FURTHER 13:29:16 ABOUT IT. I WOULD LEAVE IT WHERE THE 13:29:18 STATE DEPARTMENT DID IN TERMS OF WHAT WAS SAID. 13:29:25 [INAUDIBLE] NOW WE ARE ON THE SPOTLIGHT, SO 13:29:34 IT PUTS THE RELATIONS ON THE SPOTLIGHT. 13:29:37 >> THE PREDENT LOOKS FORWARD TO GOING TO I UNDERSTAND IN A 13:29:41 FEW WEEKS AND VISITING WITH PRIME MINISTER SINGH AND 13:29:45 VISITING THE COUNTRY AND VISITING WITH PEOPLE IN INDIA. 13:29:48 THAT'S WHERE THINGS STAND. BUT IN TERMS OF SPECIFIC 13:29:50 ISSUES, I THINK THE STATE DEPARTMENT CLARIFIED THAT. 13:29:57 >> PUTTING IN THE SPOTLIGHT. BUT AMONG THOSE, THERE WAS NO 13:30:03 PRESIDENT OF IRAN. HOW DOES THE PRESIDENT FEEL 13:30:08 ABOUT THE PRESIDENT OF OF IRAN, YEFFS NOT AMONG THOSE, BUT THE 13:30:13 CHINESE WERE THERE. >> WELL, IF YOU ARE TALKING -- 13:30:16 YOU'RE TALKING ABOUT THE INTERNATIONAL ATOMIC ENERGY 13:30:19 AGENCY? >> NO. 13:30:20 >> I'M SORRY? >> NO. 13:30:22 THE PRESIDENT BROUGHT THE WORST DICTATORS ON THIS GLOBE TODAY. 13:30:26 >> YEAH, WE VERY CLEARLY EXPRESSED OUR CONCERNS ABOUT 13:30:30 THE REGIME IN IRAN WHEN IT COMES TO THEIR SPONSORSHIP OF 13:30:34 TERRORISM, THEIR BEHAVIOR IN THE MIDDLE EAST, THEIR PURSUIT 13:30:37 OF NUCLEAR WEAPONS IN THE COVER OF OF A CIVILIAN PROGRAM AND 13:30:41 INTERNATIONAL COMMUNITY HAS SPOKEN VERY CLEARLY IN TERMS OF 13:30:43 ITS VIEWS AND CONCERNS WHEN IT COMES TO THE REGIME'S CONTINUED 13:30:49 BEHAVIOR THAT IS MOVING IT IN THE WRONG DIRECTION, THAT'S WHY 13:30:51 THE MATTER HAS BEEN REPORTED AND WHEN IT COMES TO THE 13:30:55 NUCLEAR PROGRAM, IT'S BEEN REPORTED TO THE UNITED NATIONS 13:30:57 SECURITY COUNCIL. GOOD, KARL. 13:30:59 >> AND THE PROGRAM IS VERY VIEWED EVERY 45 DAYS BY THE 13:31:03 ADMINISTRATION, THE PRESIDENT SAID THA HE -- HE WOULD OPPOSE 13:31:06 ANYTHING THAT MIGHT COMPROMISE THE OPERATIONS SECURITY AND 13:31:09 EFFECTIVENESS OF THIS PROGRAM. AS A MATTER OF PRIN SPELL, IS 13:31:13 THE ADMINISTRATION OPEN TO THE IDEA OF MAKING THE PROGRAM 13:31:16 SUBJECT TO SOME LEVEL OF OVERSIGHT, EVEN FROM THE 13:31:18 LEGISLATIVE OR JUDICIAL BRANCHES? 13:31:20 >> A COUPLE OF THINGS. THERE ALREADY IS OVERSIGHT, 13:31:22 BECAUSE WE HAVE BEEN BRIEFING MEMBERS OF CONGRESS ABOUT THAT. 13:31:24 WE'VE TALKED ABOUT IT, AND THERE IS OVERSIGHT WHEN IT 13:31:28 COMES TO THE ADMINISTRATION OF TERRORIST SURVEILLANCE PROGRAM, 13:31:32 BECAUSE YOU HAVE NSA LAWYERS THAT ARE VERY INVOLVED IN 13:31:37 OVERSEEING THE ADMINISTRATION OF THIS PROGRAM. 13:31:38 YOU HAVE THE -- AN INSPECTOR GENERAL THAT HAS RIGOROUS 13:31:42 OVERSIGHT OF THE PROGRAM, AND, AGAIN, I EMPHASIZE THAT THERE 13:31:45 IS THE CAREER OFFICIALS ARE THE ONES IN PLACE MAKING THESE 13:31:49 DISCUSSIONS, AND AS GENERAL HAYDEN HAS POINTED OUT 13:31:55 REPEATEDLY, THE LIMITED NATURE OF THIS PROGRAM, HOW ITS 13:31:58 TARGETED AL-QAEDA COMMUNICATIONS, AND HOW WE 13:32:00 DON'T HAVE TIME TO SPEND OUR TIME ON OTHER COMMUNICATIONS. 13:32:03 WE ONLY HAVE THE RESOURCES TO BE ABLE TO FOCUS ON ONES THAT 13:32:08 ARE RELEVANT TO WHAT WE'RE TRYING TO DO, WHICH IS TO 13:32:12 PREVENT AND DETECT ATTACKS. >> THE BRIEFINGS THAT ARE AND 13:32:15 HAVE BEEN PROVIDED CONSTITUTE OVERTIGHT BY THE LEGISLATIVE 13:32:19 BODY, AS WELL AS BY THOSE IN THE FISA COURT HAVE THAT HAVE 13:32:23 BEEN BRIEFED? >> LEGISLATIVE OVERSIGHT, 13:32:26 ABSOLUTELY. AS THE ATTORNEY GENERAL POINTED 13:32:28 OUT EARLIER TODAY, THE LEADERSHIP, BOTH THE SENATE AND 13:32:32 HOUSE, REPUBLICAN AND DEMOCRAT HAVE BEEN BRIEFED, AS WELL AS 13:32:36 THE LEADERSHIP OF THE HOUSE AND SENATE. 13:32:38 THE BIPARTISAN LEADERSHIP, AND -- 13:32:40 >> WOULD YOU AGREE THEN THAT THERE'S A DIFFERENCE OF 13:32:43 OPINION. >> I DON'T WANT TO GET INTO 13:32:45 TALKING ABOUT THE FISA COURT THIS IS A COURT THAT PREFERS 13:32:48 NOT TO COMMENT PUBLICLY, SO I'LL LEAVE IT TO THEM IF THEY 13:32:52 WANT TO SAY MORE. >> THE BRIEFINGS ARE NOT, IN 13:32:55 FACT, OVERSIGHT, THAT IT'S INADEQUATE, LOOK AT SUFFICIENT 13:32:59 INFORMATION, WOULD YOU AGREE THERE'S A DIFFERENCES OF 13:33:01 OPINION ON THE DEFINITION OF BRIEFING VERSUS OVERSIGHT? 13:33:05 >> THIS IS ONE OF THE MOST HIGHLY CLASSIFIED PROGRAMS IN 13:33:09 OUR GOVERNMENT, OR IT WAS UNTIL ITS UNAUTHORIZED DISCLOSURE, 13:33:13 THAT'S WHY WE STILL DON'T GET INTO TALKING ABOUT OPERATIONAL 13:33:15 ASPECTS OF THE, BUT WHAT WE HAVE DONE IS BRIEFED MEMBERS OF 13:33:18 CONGRESS MORE THAN A DOZEN TIMES ABOUT THIS VITAL TOOL 13:33:22 THAT WE ARE USING IN THE GLOBAL WAR ON TERRORISM. 13:33:24 AND YOU'VE HEARD MEMBERS OF CONGRESS WHO HAVE BEEN BRIEFED 13:33:28 TALK ABOUT THE IMPORTANCE OF THIS VERY PROGRAM, AND WE WILL 13:33:32 CONTINUE TO KEEP THEM BRIEFED. LET'S GO BACK A LOOK OVER THE 13:33:35 COURSE OF HISTORY, YOU LOOK AT EVEN THE NATIONAL SECURITY ACT. 13:33:39 THE NATIONAL SECURITY ACT SPELLS OUT OR TALKS ABOUT WHEN 13:33:41 IT COMES TO CONGRESSIONAL OVERSIGHT AND BRIEFINGS, AND IT 13:33:45 SPECIFICALLY TALKS ABOUT HOW WHEN HAVE YOU A PARTICULARLY 13:33:50 SENSITIVE NATIONAL SECURITY MATTER LIKE THIS, IT'S 13:33:54 PERFECTLY APPROPRIATE TO BRIEF IN THE MANNER THAT WE DID. 13:33:56 >> TO THE EXTENT THAT LEGISLATORS MAY DETERMINE THAT 13:33:59 THEY WANT SOME ADDITIONAL SUPERVISION AND OVERSIGHT 13:34:02 BEYOND THE BRIEFINGS THAT YOU PROVIDE, WOULD THE 13:34:05 ADMINISTRATION OPPOSE THAT AS AN INTRUSION ON THE 13:34:08 PRESIDENT'S, QUOTE, INHERENT AUTHORITY. 13:34:10 >> SOME MEMBERS WHO HAVE BEEN BRIEFED HAVE SAID THAT THE 13:34:14 UNAUTHORIZED DISCLOSURE OF THIS PROGRAM HAS BEEN HARM TOLVE 13:34:17 NATIONAL SECURITY. WE HAVE HEARD TOP INTELLIGENCE 13:34:19 OFFICIALS TALK ABOUT HOW THE DISCLOSURE OF THIS PROGRAM HAS 13:34:22 BEEN HARMFUL TO OUR NATIONAL SECURITY, AND THE CONCERN HAVE 13:34:26 YOU IS THAT VERY ISSUE. WE DON'T WANT AL-QAEDA TO HAVE 13:34:33 OUR DELAY BOOK. AL-QAEDA IS A VERY -- HANG ON. 13:34:36 NO, NO, HANG ON. WE KNOW AL-QAEDA IS A VERY 13:34:40 SOPHISTICATED ENEMY THEM HAVE SOPHISTICATED COMMUNICATIONS. 13:34:43 THEY ARE TRAINED AND -- IN COUNTERINTELLIGENCE AND 13:34:49 COUNTERSURVEILLANCE OPERATIONS. WE KNOW THEY ARE CONSTANTLY 13:34:53 ADAPTING AND CHANGING TACTICS, THAT'S WHY IT'S IMPORTANT THAT 13:34:56 WE DON'T GET INTO TALKING ABOUT PROGRAMS OF THIS NATURE. 13:34:59 NOW, BECAUSE OF ITS DISCLOSURE, WE HAVE TALKED ABOUT IT IN A 13:35:03 VERY LIMITED WAY AND TALKED ABOUT WHAT IT IS AND WHAT IT IS 13:35:05 NOT. AND WE WILL CONTINUE TO POINT 13:35:07 THAT OUT TO THE AMERICAN PEOPLE. 13:35:09 I THINK THE MESH PEOPLE UNDERSTAND THE IMPORTANCE OF 13:35:12 WHAT WE'RE WORKING TO DO I WILL NOT TRY TO RULE THINGS IN OR 13:35:16 OUT. WE'LL CONTINUE WORKING WITH 13:35:17 CONGRESS. >> WHAT IS THE UPDATE ON THE 13:35:20 MISSING AL-QAEDA -- [INAUDIBLE] 13:35:25 >> AND IS THE ADMIN STATION SATISFIED THAT THE GOVERNMENT 13:35:29 HAS BEEN COOPERATING? >> THAT'S A QUESTION TO ASK 13:35:35 INTERPOL, BUT WE HAVE CLOSE COOPERATION WITH THE YEMENI 13:35:39 GOVERNMENT. WE SHARE INFORMATION WHEN IT 13:35:40 COMES TO COUNTERING TERRORIST THREATS THAT WE BOTH FACE IN 13:35:46 TERMS OF THE PRISONERS THAT ESCAPED, IT IS A DISAPPOINTING 13:35:50 DEVELOPMENT THAT AL-QAEDA OPERATIVES ESCAPED, ESPECIALLY 13:35:54 ONE WHO WAS INVOLVED IN TARGETING AND KILLING 13:35:59 AMERICANS. WE WILL CONTINUE TO WORK WITH 13:36:05 INTERNATIONAL PARTNERS TO GO AFTER AND CAPTURE THESE 13:36:09 DANGEROUS TERRORISTS. >> HAS THE GOVERNMENT PROVIDED 13:36:14 ANY INFORMATION ABOUT HOW IT HAPPENED? 13:36:15 >> I DON'T HAVE ANY ADDITIONAL INFORMATION. 13:36:20 [INAUDIBLE] DEMOCRATS ARE OBVIOUSLY FEELING 13:36:31 LIKE THESE ARE HAVEP CUTS TO THE POOR AND VULNERABLE, BUT 13:36:34 ALSO CONSERVATIVE REPUBLICANS WHO SAYS THIS IS DISASTROUS 13:36:40 POLITICALLY FOR CERTAIN REPUBLICANS WHO BELIEVE THAT 13:36:43 THESE CUTS DON'T GO FAR ENOUGH. WHAT IS THE WHITE HOUSE SAY TO 13:36:47 THOSE WHO FEEL THAT THE VULNERABLE -- 13:36:51 >> I'M SURE THERE ARE A LOT OF COMMENTS MADE. 13:36:55 THIS IS A BUDGE THAT'S CONTINUES TO KEEP THE ECONOMY 13:36:58 GROWING AND BUILDS UPON THE SPENDING RESTRAINTS THAT 13:37:02 CONGRESS HAS MOVED FORWARD ON AT OUR URGING AND MAKES SURE 13:37:06 THAT OUR NASHE PRIORITIES ARE FULLY FUNDED, LIKE PROTECTING 13:37:12 THE AMERICAN PEOPLE, AND WING WART ON TERRORISM, HELPING THE 13:37:16 PEOPLE GULF COAST REBUILD THEIR LIVES, MOVING FORWARD ON KEY 13:37:20 DOMESTIC PRIORITIES, THAT WILL KEEP AMERICA THE MOST 13:37:23 COMPETITIVE AND INNOVATIVE ECONOMY IN THE WORLD. 13:37:25 YOU HAVE TO LOOK AT THE BUDGET. SOME OF THE PEOPLE YOU POINT 13:37:29 OUT, I'M NOT SURE IF THEY HAD A CHANCE TO READ THE BGET. 13:37:33 THE PRESIDENT TALKED ABOUT IN THE STATE OF THE UNION OF THE 13:37:36 IMPORTANCE OF ELEVATING THE TONE AND WORKING TOGETHER TO 13:37:39 MEETING PRIORITIES AND CONTINUE TO MAKE SURE WE'RE SPENDING THE 13:37:41 TACK PAYER DOLLARS WISELY, THAT'S WHAT HE WILL CONTINUE TO 13:37:45 DO. WE NEED TO COME TOGETHER AND 13:37:47 FOCUS ON KEY PRIORITIES FOR THE AMERICAN PEOPLE AND BUILD UPON 13:37:50 THE BUDGET THAT WE GAS PASSED THIS PAST YEAR. 13:37:54 CONGRESS ENACTED IMPORTANT SPENDING RESTRAINTS. 13:37:57 CONGRESS MOVED FORWARD ON 89 OF THE PROGRAMS THAT THE PRESIDENT 13:38:01 CALLED FOR EITHER BEING REDUCED OR ELIMINATED LAST YEAR. 13:38:04 THEY ACTED ON 89 OF THE 150 OR SO PROGRAMS, WE'RE CALLING FOR 13:38:09 ANOTHER 141 NOW TO EITHER BE REDUCED OR ELIMINATED. 13:38:14 CONGRESS ALSO JUST PASSED 40 BILLION IN MANDATORY SAVINGS, 13:38:18 AND THE REAL FISCAL DANGER THIS COUNTRY FACES FROM ENTITLEMENT 13:38:22 PROGRAMS AND THAT'S WHY WE NEED TO CONTINUE TO BUILD UPON THAT, 13:38:25 AND THE PRESIDENT PROPOSED AN ADDITIONAL $65 MILLION IN THE 13:38:30 GROWTH OF ENTITLEMENT SPENDING, AND HE ALSO IN THE STATE OF THE 13:38:33 UNION CALLED FOR A BIPARTISAN COMMISSION TO WORK TOGETHER TO 13:38:37 ADDRESS THE PROBLEMS FACING OUR ENTITLEMENT PROGRAMS LIKE 13:38:40 MEDICARE AND SOCIAL SECURITY AND MEDICAID. 13:38:43 >> HOW DO YOU FEEL -- [INAUDIBLE] 13:38:53 >> THE WAY I JUST SAID, EXPLAINING EXACTLY WHAT IT IS. 13:38:56 I THINK YOU'RE IGNORING WHAT'S IN THIS BUDGET AND WHAT THIS 13:38:59 BUDGET DOES. NOW, WE WILL CONTINUE TO TALK 13:39:04 ABOUT THE IMPORTANCE OF MEETING OUR NATIONAL PRIORITIES. 13:39:06 BUT WE'VE GOT TO CONTINUE TO CUT NONSECURITY DISCRETIONARY 13:39:09 SPENDING. WE ARE A NATION AT WORE WAR. 13:39:13 WE'LL FUND OUR TROOPS. BUT WE ALSO HAVE TO REDUCE 13:39:16 NONSECURITY DISCRETIONARY SPENDING ELSEWHERE. 13:39:18 WE DID THAT LAST YEAR, AN ACTUAL CUT NOW WE ARE PROPOSING 13:39:22 ANOTHER CUT IN NONSECURITY DISCRETIONARY SPENDING. 13:39:25 SO WE HAVE A GOOD RECORD OF CHANGING THE DIRECTION OF 13:39:29 SPENDING IN WASHINGTON, D.C. THAT'S WHY IT'S ALSO IMPORTANT 13:39:32 TO CONTINUE TO MAKE THE TAX CUTS -- OR KEEP TAXES LOW AND 13:39:36 THAT MEANS KEEPING TAX CUTS PERMANENT, AND THAT'S SOMETHING 13:39:40 THIS BUDGET CALLS FOR. WE'LL CONTINUE TO URGE CONGRESS 13:39:43 TO MOVE FORWARD. THAT WILL KEEP REVENUES UP, 13:39:45 WHILE WE REDUCE SPENDING ELSEWHERE THAT, WILL HELP US 13:39:49 CUT THE DEFICIT IN HALF HALF THIS IS A RESPONSIBLE BUDGET TO 13:39:54 KEEP THE DEFICIT IN HALF. AND IT TAKES STEPS TO REIN IN 13:39:57 THE GROWTH OF ENTITLEMENT PROGRAMS. 13:40:00 REMEMBER, THE ONE THAT WAS JUST PACED, THAT WAS THE FIRST TIME 13:40:03 IN SEVERAL YEARS THAT CONGRESS HAD ACTED TO REIN IN THE GROWTH 13:40:07 AND REDUCE THE GROWTH IN ENTITLEMENT PROGRAMS. 13:40:11 >> I HAVE TWO QUESTIONS FOR YOU. 13:40:14 COMING UP ON FIVE YEARS SINCE OSAMA BIN LADEN OSTENSIBLY FLED 13:40:20 AFGHANISTAN. ISN'T THE PRESIDENT FRUSTRATED 13:40:22 THAT ALL OF THE INTELLIGENCE SOURCES, ALL OF THESE 13:40:25 MONITORING OF COMMUNICATIONS, ALL THIS INTELLIGENCE 13:40:31 SATELLITES, CAN'T FIND ONE TALL MAN? 13:40:32 WHAT'S THE PROBLEM? >> IT'S AL-QAEDA THAT HAS BEEN 13:40:35 FRUSTRATED, FIRST OF ALL. WE'VE ALREADY BROUGHT TO 13:40:38 JUSTICE 3/4 OF THEIR KNOWN LEADERSHIP. 13:40:42 WE'RE WINNING THE WASN'TOR TERRORM, BUT AS THE PRESIDENT 13:40:45 SAID FROM THE VERY BEGINNING THIS IS GOING TO BE A LONG WAR. 13:40:48 IT'S AN UNCONVENTIONAL WALL WE'RE TALKING ABOUT. 13:40:51 THIS IS A SOPHISTICATED ENEMY WE'RE UP AGAINST. 13:40:53 WE HAVE THEM ON THE RUN. THEY ARE UNDER A LOT OF 13:40:56 PRESSURE. WE HAVE SEEN TIME AND AGAIN 13:40:59 THAT PEOPLE HAVE BEEN BROUGHT TO JUSTICE. 13:41:03 PEOPLE THAT ARE MEMBERS OF AL-QAEDA AS WELL AS -- AS WELL 13:41:08 AS OTHER TERRORIST ORGANIZATION AND IS HE SOMEONE WHO IS ON THE 13:41:13 RUN AND IS HIDING. AND WE'VE TALKED ABOUT THAT AND 13:41:16 OTHERS HAVE TALKED ABOUT THAT IN TESTIMONY LAST WEEK. 13:41:18 WHY THAT HAS BEEN THE SITUATION. 13:41:20 >> HOW CAN HE -- >> IT'S BROADER THAN JUST -- 13:41:23 >> -- HIDE FORFY YEARS? >> WE HAVE TO THARM WE ARE A 13:41:28 NATION THAT REMAINS AT WAR, THAT'S WHY IT'S IMPORTANT WE 13:41:34 ACT ON ALL FRONT, USE EVERY TOOL AT OUR DISPOSAL TO GO 13:41:38 AFTER AND BRING TO JUSTICE THOSE WHO SEEK TO DO US HARM. 13:41:41 >> OK. MY SECOND QUICK QUESTION IS HOW 13:41:44 IS YOUR MOTHER? WE'RE PAYING YOU FOR YOUR 13:41:48 LOYALTY. >> MY MOTHER IS DOING GREAT. 13:41:50 THANK YOU. I SAW HER THIS WEEKEND. 13:41:53 >> GOOD, RICHARD. >> THE SAME LOBBY THAT FOUGHT 13:41:58 SO HARD AGAINST THE SOCIAL SECURITY PLAN THIS YEAR IS 13:42:01 GOING TO GEAR UP TO FIGHT AGAINST THESE MEDICARE 13:42:04 PROPOSALS THAT THE PRESIDENT IS MAKING IN THE BUDGET TO REDUCE 13:42:07 SPENDING LEVELS ON MEDICARE, ESPECIALLY REIMBURSEMENTS TO 13:42:11 HOSPITALS AND SO FORTH. HOW DO YOU PLAN IT TO BATTLE 13:42:13 THAT? THIS IS A PRETTY POWERFUL 13:42:17 LOBBY. >> CONGRESS MOVED FORWARD AND 13:42:19 PASSED IMPORTANT REDUCTIONS IN THE COST OF MEDICAID JUST THIS 13:42:23 YEAR. WE HAVE SEEN IMPORTANT SUCCESS. 13:42:25 WE NEED TO BUILD UPON THAT. REMEMBER THE MEDICARE MODERN 13:42:29 IZATION INCLUDED SOME COAST CONTROLS. 13:42:32 WE NEED TO CONTINUE TO BUILD UPON THAT. 13:42:33 WE'RE GOING TO CONTINUE TO EMPHASIZE THAT THERE ARE GREAT 13:42:39 CHALLENGES FACING OUR ENTITLEMENT PROGRAMS THAT IS 13:42:41 WHERE THE REAL FISCAL DANGER LIES, WE NEED TO START TAKING 13:42:44 STEPS TO ADDRESS THIS ISSUE. WE NED TO PRESERVE AND PROTECT 13:42:48 MEDICARE FOR FUTURE GENERATIONS. 13:42:50 THAT'S WHAT THIS IS ABOUT. IF WE DON'T ACT AND IT 13:42:53 CONTINUES ON THE COURSE THAT IT IS GOING, WE ARE GOING TO -- 13:42:57 OUR CHILDREN AND GRANDCHILDREN WILL BE IN A SERIOUS SITUATION. 13:42:59 WE WANT TO MAKE SURE IT IS THERE FOR OUR CHILDREN AND 13:43:02 GRANDCHILDREN WHEN THEY ARE SENIORS. 13:43:04 WE WANT TO MAKE SURE IT CONTINUES TO BE THERE FOR 13:43:07 PEOPLE WITH DISABILITIES AND THAT'S WHY WE NEED TO TAKE 13:43:09 THESE STEPS TO REDUCE THE GROWTH. 13:43:11 AND THAT'S WHAT WE'RE TALKING ABOUT IN THIS BUDGET. 13:43:15 GOOD. >> SCOTT, IN THEIR VERY 13:43:21 EXTENSIVE PAGE ONE AND BIOGRAPHICAL REPORTING ON THE 13:43:24 NEW HOUSE MAJORITY LEADER, JOHN BOEHNER, NEITHER THE "NEW YORK 13:43:28 TIMES" NOR THE "WASHINGTON POST" EVER MENTIONED HIS 13:43:32 LAWSUIT OF DEMOCRAT CONGRESSMAN MCDERMOTT OF SEATTLE FOR 13:43:37 VIOLATING THE FEDERAL WIRE TAPPING LAW, IN WHICH A FEDERAL 13:43:40 COURT ORDERED MCDERMOTT TO PAY $3560,000. 13:43:44 AND MY FIRST QUESTION TO YOU AS THE PRESIDENT'S PRESS 13:43:47 SECRETARY, BELIEVE THESE TWO CIRCULATIONS SHRINKING 13:43:50 NEWSPAPERS OUGHT TO TELL THE WHOLE TRUTH? 13:43:53 >> LES, OBVIOUSLY HAVE YOU SOME OPINIONS ON THOSE NEWSPAPERS, 13:43:58 I'LL LET YOU EXPRESS THOSE ON YOUR SHOW. 13:44:01 I TRY TO AVOID BEING A MEDIA CRITIC. 13:44:03 LET ME JUST ADD THAT THE PRESIDENT LOOKS FORWARD TO 13:44:07 CONTINUING TO WORK WITH THE NEW MAJORITY LEADER, CONGRESSMAN 13:44:10 BOEHNER. HE HAD A GOOD CONVERSATION LAST 13:44:13 WEEK, THE PRESIDENT LOOKS FORWARD TO WORKING WITH HIM TO 13:44:19 MOVE FORWARD ON IMPORTANT PRIORITIES FOR THE AMERICAN 13:44:21 PEOPLE. PARTICULARLY ONES OUTLINED IN 13:44:23 OUR BUDGET. >> KEN MEHLMAN SAID YESTERDAY 13:44:28 WHETHER IT'S THE COMMENTS ABOUT THE PLANTATION OR THE WORST 13:44:31 ADMINISTRATION IN HISTORY, HILLARY CLINTON SEEMS TO HAVE A 13:44:34 LOT OF ANGER, AND NEW YORK "DAILY NEWS ON" -- 13:44:41 >> WE'LL LEAVE THIS AND GO BACK TO THE HART SENATE OFFICE AND 13:44:45 THE JUDICIAL COMMITTEE HEARING WITH ALBERTO GONE HALF HE IS. 13:44:48 >> IT'S UNUSUAL TO HAVE A MONDAY MORNING SESSION FOR THE 13:44:51 UNITED STATES SENATE, WE HAVE DONE THIS BECAUSE THIS 13:44:54 COMMITTEE HAS BEEN SO BUSY, AND WE HAVE ASBESTOS REFORM LADIES 13:45:00 AND GENTLEMEN LATION WHICH SENATOR LEAHY AND I ARE 13:45:05 COSPONSORING COMING TO THE FLOOR TODAY, WE HAVE A FULL 13:45:08 PLATTER WITH THE CONFIRMATION OF JUSTICE ALITO, AND WE WANTED 13:45:12 TO HAVE THIS HEARING AT AN EARLY DAY, THIS WAS THE 13:45:16 EARLIEST WE COULD DO, WHICH, GIVEN THE INTERVENING HOLIDAYS 13:45:21 AFTER THE PROGRAM WAS ANNOUNCED BACK ON DECEMBER 16, WE HAVE 13:45:26 PROCEEDED. WE ANTICIPATED A FULL DAY OF 13:45:30 HEARINGS, AT LEAST TWO ROUND, AND IT'S APPARENT TO ME AT THIS 13:45:33 POINT THAT WE'RE NOT GOING TO BE ABLE TO FINISH TODAY WITHIN 13:45:36 A REASONABLE TIME. SENATOR FEINGOLD IS NOD 13:45:40 NEGOTIATE AFFIRMATIVE. THAT'S THE FIRST TIME I HAVE 13:45:43 GOT HIM TO NOD IN THE AFFIRMATIVE. 13:45:45 SO YOU SEE WE'RE MAKING SOME PROGRESS. 13:45:47 BUT I DO BELIEVE THERE WILL BE A FULL SECOND ROUND, AND WE 13:45:53 DON'T FUNCTION TOO WELL INTO THE EVENING. 13:45:55 IF WE HAVE TO, WE DO. BUT IT'S DIFFICULT FOR THE 13:46:00 WITNESS AND I HAVE CONFERRED WITH THE ATTORNEY GENERAL WHO 13:46:02 HAS GRACIOUSLY CONSIDERED TO COME BACK ON A SECOND DAY, WE 13:46:06 WILL PROCEED THROUGH UNTIL ABOUT 5:00 THIS AFTERNOON, WE 13:46:12 WILL RESCHEDULE ANOTHER DAY. BY THAT TIME, EVERYBODY WILL 13:46:15 HAVE HAD A FIRST ROUND, IT WILL GIVE US TIME TO DIGEST WHAT WE 13:46:19 HAVE HEARD, AND WE WILL PROCEED ON THE SECOND DAY. 13:46:24 SENATOR FEINGOLD, ARE YOU RECOGNIZED. 13:46:27 >> GOOD AFTERNOON, MR. ATTORNEY GENERAL. 13:46:29 MR. CHAIRMAN, LET ME SAY, OF COURSE, WE HAVE A DISAGREEMENT, 13:46:34 MR. CHAIRMAN WORK WHETHER THIS WITNESS SHOULD HAVE BEEN SWORN, 13:46:39 THAT IS A SERIOUS DISAGREEMENT. BUT LET ME NOD IN AN 13:46:43 AFFIRMATIVE WAY ABOUT YOUR PITTSBURGH STEELERS, FIRST OF 13:46:46 ALL. SECONDLY, LET ME SAY -- 13:46:49 >> GREEN BAY -- >> GREEN BAY WILL BE BACK. 13:46:55 >> WITH GREEN BAY OUT OF IT, WHY NOT ROUTE FOR THE STEELERS? 13:47:00 >> RESET THE CLOCK AT 10 MINUTES. 13:47:05 I WAS ONLY KIDDING. >> LET ME ALSO SAY, MR. 13:47:09 CHAIRMAN, DESPITE OUR DISAGREEMENT ABOUT THE SWEARING 13:47:12 IN ISSUE THAT I PRAISE YOU FOR YOUR CANDOR AND YOUR LEADERSHIP 13:47:16 ON THIS ISSUE. AND FOR HOLDING THIS HEARING 13:47:19 AND THE OTHER HEARINGS YOU MAY BE HOLDING. 13:47:22 I ALSO WANT TO COMPLIMENT SOME OF MY COLLEAGUES ON THE OTHER 13:47:28 SIDE OF THE AISLE, SENATOR DEWINE, SENATOR GRAHAM, SENATOR 13:47:35 BROWNBACK. MAYBE THEY DON'T WANT ME TO 13:47:37 MENTION THEIR NAMES, THEY HAVE PUBLICLY QUESTIONED THIS 13:47:41 FANTASY VERSION. IT'S A FANTASY VERSION THAT NO 13:47:44 SENATOR CAN BELIEVE WE AUTHORIZED THIS WIRE TAPPING. 13:47:47 THE FACT IS THIS CAN AND SHOULD BE A BIPARTISAN ISSUE. 13:47:50 I SEE REAL ISSUE FOR THIS BEING A BIPARTISAN ISSUE. 13:47:53 AND IT SHOULD BE. BUT THE PROBLEM HERE IS THAT 13:47:56 THE ADMINISTRATION -- WHAT THE ADMINISTRATION HAS SAID IS WHEN 13:47:59 IT COMES TO NATIONAL SECURITY, THE PROBLEM IS THAT THE 13:48:02 DEMOCRATS HAVE A PRE-9/11 VIEW OF THE WORLD WHAT I THINK THE 13:48:11 REAL PROBLEM IS THAT THE PRESIDENT HAS A PRE-1776 VIEW 13:48:16 OF THE WORLD. THAT'S THE PROBLEM HERE. 13:48:18 ALL OF US ARE COMMITTED TO DEFEATING THE TERRORIST WHO'S 13:48:22 THREATEN OUR COUNTRY, MR. ATTORNEY GENERAL. 13:48:24 IT IS, WITHOUT A DOUBT, OUR TOP PRIORITY. 13:48:27 IN FACT, I WANT TO READ AGAIN YOU WHAT SAID. 13:48:29 AS THE PRESIDENT SAID, IF YOU ARE TALKING WITH AL-QAEDA, WE 13:48:31 WANT TO KNOW WHAT YOU'RE SAYING. 13:48:34 ABSOLUTELY RIGHT. NO ONE IN THIS COMMITTEE, NO 13:48:39 ONE IN THIS BODY BELIEVES ANYTHING OTHER THAN THAT. 13:48:42 AND I WANT STATE IT AS FIRLLY AS I CAN. 13:48:45 I BELIEVE WE CAN AND MUST DO THAT WITHOUT VIOLATING THE 13:48:48 CONSTITUTION OR JEOPARDIZING THE FREEDOMS ON WHICH THIS 13:48:51 COUNTRY WAS FOUNDED. OUR FOREFATHERS FOUGHT A 13:48:55 REVOLUTION, A REVOLUTION TO BE FREE FROM RULERS WHO PUT 13:48:58 THEMSELVES ABOVE THE LAW. I HAVE TO SAY, MR. CHAIRMAN, 13:49:02 THIS ADMINISTRATION HAS BEEN VIOLATING THE LAW AND IS 13:49:05 MISLEADING THE AMERICAN PEOPLE TO TRY TO JUSTIFY IT. 13:49:07 THIS HEARING IS NOT JUST A HEARING ABOUT FUTURE, POSSIBLE 13:49:13 SOLUTIONS. THAT IS FINE TO BE PART OF THE 13:49:16 ANSWER AND PART OF THE HEARING. THIS HEARING, MR. CHAIRMAN, IS 13:49:21 ALSO AN INQUIRY INTO POSSIBLE WRONGDOING. 13:49:27 MR. ATTORNEY GENERAL, THERE HAVE ALREADY BEEN A FEW 13:49:30 MENTIONS TODAY OF YOUR TESTIMONY IN JANUARY OF '05, 13:49:34 YOUR CONFIRMATION HEARING. I AM GOING TO ASK YOU A FEW 13:49:37 QUICK, SIMPLE, FACTUAL QUESTIONS. 13:49:39 BUT I WANT TO MAKE IT CLEAR THAT THIS HEARING IS ABOUT OUR 13:49:43 EXCHANGE, OR WHAT YOU SAID TO ME IN PARTICULAR. 13:49:45 I'M CONCERNED ABOUT YOUR TESTIMONY AT THAT TIME, BECAUSE 13:49:48 I DO BELIEVE IT WAS MATERIALLY MISLEADING, BUT I AM EVEN MORE 13:49:52 CONCERNED ABOUT THE CREDIBILITY OF YOUR ADMINISTRATION, EVEN 13:49:56 MORE CONCERNED THAN THAT ABOUT THE RESPECT FOR THE RULE OF LAW 13:49:59 IN THIS COUNTRY. SO THAT IS THE SPIRIT OF MY 13:50:02 QUESTION. ATTORNEY GENERAL, YOUER ISED AS 13:50:06 WHITE HOUSE COUNCIL FROM JANUARY 2001 UNTIL YOU BECAME 13:50:09 ATTORNEY GENERAL IN 2005. ON JANUARY 6, 2005, HAD YOU A 13:50:14 CONFIRMATION HEARING FOR THE ATTORNEY GENERAL POSITION 13:50:18 BEFORE THIS COMMITTEE. YOU TESTIFIED UNDER OATH THAT 13:50:20 HEARING, DIDN'T YOU? HER YES, SIR. 13:50:22 >> AND, SIR, I DON'T MEAN TO BELABOR THE POINT, DO YOU OR 13:50:29 ANYONE IN THE ADMINISTRATION ASK CHAIRMAN SPECTER OR HIS 13:50:34 STAFF THAT YOU NOT BE PUT UNDER OATH TODAY? 13:50:36 >> I HAVE ALREADY INDICATED FOR THE RECORD THAT MY CHAIRMAN 13:50:39 ASKED MY VIEWS ABOUT BEING SWORN IN, I SAID I HAD NO 13:50:43 OBJECTION. >> BUT DID YOU OR ANYONE IN THE 13:50:46 ADMINISTRATION ASK THE CHAIRMAN TO NOT HAVE YOU SWORN? 13:50:49 >> SIR, NOT TO MY KNOWLEDGE. >> THE ANSWER IS NO. 13:50:52 >> THAT'S FINE. AT THE TIME YOU TESTIFIED IN 13:50:55 JANUARY '05, YOU WERE FULLY AWARE OF THE NSA PROGRAM, 13:50:58 WERE YOU NOT? >> YES, SIR. 13:51:00 >> YOU WERE ALSO FULLY AWARE AT THE TIME YOU TESTIFIED THAT THE 13:51:04 JUSTICE DEPARTMENT HAD ISSUED A LEGAL JUSTIFICATION FOR THE 13:51:07 PROGRAM, ISN'T THAT RIGHT? >> YES, THERE HAD BEEN LEGAL 13:51:11 ANALYSIS PERFORMED BY THE DEPARTMENT OF JUSTICE. 13:51:13 >> AND YOU AS WHITE HOUSE COUNSEL AGREED WITH THAT LEGAL 13:51:17 ANALYSIS, DIDN'T YOU? >> AGREED, YES. 13:51:19 >> AND YOU HAD SIGNED OFF OFF THE PRAB, RIGHT? 13:51:23 >> YES, I DO BELIEVE AT THE TIME THE PRESIDENT HAS THE 13:51:27 AUTHORITY TO HAVE THAT. >> AND YET WHEN I SPECIFICALLY 13:51:32 ASKED YOU AT JANUARY 5, 2005 HEARING, WHEN IN YOUR OPINION 13:51:38 THE PRESIDENT CAN AUTHORIZE WARRANTLESS SURVEILLANCE, YOU 13:51:44 DIDN'T TELL US YES. NO WHY THE? 13:51:46 >> THE HYPOTHETICAL YOU POSED, DIE CONSIDER IT A HYPOTHETICAL, 13:51:50 WHICH IS WHETHER OR NOT HAD THE PRESIDENT AUTHORIZED ACTIVITY 13:51:55 SPECIFIC ELECTRONIC SURVEILLANCE IN VIOLATION OF 13:51:57 THE LAW, AND I HAVE TRIED TO MAKE CLEAR TODAY THAT IN THE 13:52:03 LEGAL ANALYSIS IN THE WHITE PAPER, THE POSITION OF THE 13:52:08 ADMINISTRATION IS THAT WE -- THE PRESIDENT HAS AUTHORIZED 13:52:13 ELECTRONICS SURVEILLANCE IN A MANNER THAT'S TOTALLY 13:52:16 CONSISTENT, NOT IN VIOLATION, NOT IN -- NOT OVERRIDING 13:52:20 PROVISIONS OF FISA, BUT TOTALLY CONSISTENT WITH FICE FISA. 13:52:23 >> ATTORNEY GENERAL, IT CERTAINLY WAS NOT A 13:52:26 HYPOTHETICAL AS WE NOW KNOW. >> SIR, YOUR QUESTION WAS 13:52:32 WHETHER OR NOT THE PRESIDENT AUTHORIZED CERTAIN CONDUCT IN 13:52:35 VIOLATION OF THE LAW. >> MY QUESTION WAS WHETHER THE 13:52:38 PRESIDENT HAD THE AUTHORITY TO AUTHORIZE THIS WIRE TAPPING. 13:52:41 >> IN VIFLINGS THE LAW. AND OUR INTERPRETATION IS, NO, 13:52:45 IS NOT IN VIOLATION OF THE CRIMINAL STATUTES. 13:52:46 >> YOU SAID THE QUESTION WAS MERELY HYPOTHETICAL THIS IS 13:52:50 WHAT YOU SAID, IT'S NOT THE POLICYOR AGENDA OF THIS 13:52:53 PRESIDENT TO AUTHORIZE ACTIONS THAT WOULD BEEN IN 13:52:55 CONTRAVENTION OF OUR CRIMINAL STATUTES. 13:52:57 AND WHEN YOU SAID THAT, YOU KNEW ABOUT THIS PROGRAM. 13:52:59 IN FACT, YOU TOLD ME YOU APROVED IT AND WERE AWARE OF 13:53:02 THE LEGAL ANALYSIS TO JUSTIFY IT. 13:53:04 YOU WANTED THIS COMMITTEE AND THE AMERICAN PEOPLE TO THINK 13:53:07 THIS KIND OF PROGRAM WAS NOT GOING ON. 13:53:09 BUT IT WAS, AND YOU KNEW THAT. AND I THINK THAT'S 13:53:13 UNACCEPTABLE. >> SENATOR, YOUR QUESTION WAS 13:53:14 WHETHER OR NOT THE PRESIDENT HAD AUTHORIZED CONDUCT IN 13:53:17 VIOLATION OF LAW, AND I HAVE LAID OUT -- 13:53:20 >> MR. ATTORNEY GENERAL, MY QUESTION IS WHETHER OR NOT THE 13:53:23 PRESIDENT WOULD HAVE THE POWER TO DO THAT. 13:53:25 >> AND, SENATOR, THE PRESIDENT HAS NOT AUTHORIZED CONDUCT IN 13:53:28 VIOLATION OF OUR CRIMINAL STATUTES. 13:53:30 WE'VE LAID OUT A 42-PAGE ANALYSIS OF OUR LEGAL POSITION 13:53:35 HERE. THE AUTHORITY THE PRESIDENT HAS 13:53:37 EXERCISED ARE TOTALLY CONSISTENT WITH THE CRIMINAL 13:53:40 PROVISION. THE PRIMARY CRIMINAL PROVISION 13:53:42 IN FISA, IS SECTION 109. >> I HAVE HEARD ALL OF YOUR 13:53:47 ARGSULTS. MR. ATTORNEY GENERAL, ANYBODY 13:53:49 THAT READS BASICALLY REALIZES YOU WERE MISLEADING THIS 13:53:53 COMMITTEE. YOU COULD HAVE ANSWERED THE 13:53:54 QUESTION TRUTHFUY, YOU COULD HAVE TOLD THE COMMITTEE, YES, 13:53:57 THE PRESIDENT HAS THAT AUTHORITY. 13:54:00 BY SIMPLY SAYING THE TRUTH, THAT YOU BELIEVE THE PRESIDENT 13:54:02 HAS THE POWER TO WIRE TAP AMERICANS WITHOUT A WARRANT 13:54:05 WOULD NOT HAVE EXPOSED ANY CLASSIFIED INFORMATION, MY 13:54:08 QUESTION WASN'T WHETHER SUCH ILLEGAL WIRE TAPPING WAS GOING 13:54:12 ON, LIKE ALMOST EVERYONE IN CONGRESS, I DIDN'T KNOW, OF 13:54:15 COURSE, ABOUT THE PROGRAM THEN IT WASN'T ABOUT WHETHER THE 13:54:18 ADMINISTRATION BELIEVED THE PRESIDENT HAD THIS AUTHORITY. 13:54:20 IT WAS A QUESTION ABOUT YOUR VIEW OF THE LAW. 13:54:22 ABOUT YOUR VIEW OF THE LAW. DURING A CONFIRMATION ON YOUR 13:54:26 NOMINATION TO BE ATTORNEY GENERAL. 13:54:28 SO, OF COURSE IF HAD YOU TOLD THE TRUTH, MAYBE THAT WOULD 13:54:30 HAVE JEOPARDIZED YOUR NOMINATION. 13:54:32 YOU WANTED TO BE CONFIRMED. AND SO YOU LET A MISLEADING 13:54:36 STATEMENT ABOUT ONE OF THE CENTRAL ISSUES OF YOUR 13:54:40 CONFIRMATION, YOUR VIEW OF EXECUTIVE POWERS, STAY ON THE 13:54:42 RECORD UNTIL THE "NEW YORK TIMES" REVEALED THE PROGRAM. 13:54:44 >> SENATOR, I TOLD THE TRUTH THEN, I'M TELLING THE TRUTH 13:54:47 NOW. YOU ASKED ABOUT A HYPOTHETICAL 13:54:50 SITUATION OF THE PRESIDENT OF THE UNITED STATES AUTHORIZING 13:54:54 ELECTRONIC SURVEILLANCE IN VIOLATION OF OUR CRIMINAL 13:54:56 STATUTES. THAT HAS NOT OCCURRED. 13:55:00 >> MR. CHAIRMAN, I THINK THE WITNESS HAS TAKEN MINCING WORDS 13:55:04 TO A NEW HIGH. THERE'S NO QUESTION IN MY MIND 13:55:08 THAT WHEN YOU ANSWERED MY QUESTION AS A HYPOTHETICAL, YOU 13:55:10 KNEW IT WASN'T A HYPOTHETICAL, KNEW IT AT THE TIME. 13:55:14 LET ME SWITCH -- >> DO YOU CARE TO ANSWER THAT, 13:55:18 ATTORNEY GENERAL GONZALES? >> SENATOR, AS I'VE STATED 13:55:23 BEFORE, WHAT I SAID WAS THE TRUTH THEN, IT IS THE TRUTH 13:55:27 TODAY. THE PRESIDENT OF THE UNITED 13:55:28 STATES HAS NOT AUTHORIZED ELECTRONIC SURVEILLANCE IN 13:55:32 VIOLATION OF OUR CRIMINAL STATUTE. 13:55:34 WE HAVE LAID OUT IN GREAT DETAIL OUR POSITION THAT THE 13:55:38 ACTIVITIES ARE TOTALLY CONSISTENT WITH THE CRIMINAL 13:55:42 STATUTE. >> ALL YOU HAD TO DO, MR. 13:55:43 ATTORNEY GENERAL, IS INDICATE IT WAS YOUR VIEW IT WAS LEGAL. 13:55:46 THAT WAS WHAT MY QUESTION WAS. I WOULD HAVE DISAGREED WITH 13:55:50 YOUR CONCLUSION. BUT THAT'S NOT WHAT YOU SAID, 13:55:53 YOU REFERRED TO THIS AS MERELY A HYPOTHETICAL. 13:55:56 ADMINISTRATION OFFICIALS HAVE BEEN VERY MISLEADING IN CLAIMS 13:55:59 JUSTIFYING THE SPYING PROGRAM. TO MAKE MATTERS WORSE, LAST 13:56:02 WEEK IN THE STATE OF THE UNION, THE PRESIDENT REPEATED SOME OF 13:56:04 THESE CLAIMS. FOR ONE THING, THE PRESIDENT 13:56:06 SAID HIS PREDECESSORS HAVE USED THE SAME CONSTITUTIONAL 13:56:09 AUTHORITY HE HAS. ISN'T IT TRUE THE SUPREME COURT 13:56:12 FIRST FOUND THAT PHONE CONVERSATIONS ARE PROTECTED BY 13:56:14 THE FOURTH AMENDMENT IN THE 1967 KASZ CASE? 13:56:18 >> YES. IN THE 1967 KATZ CASE, THE 13:56:23 SUPREME COURT DID FIND THAT TELEPHONE CONVERSATIONS ARE 13:56:25 COVERED BY THE FOURTH AMENDMENT. 13:56:27 >> SO WHEN THE JUSTICE DEPARTMENT POINTS TO PRESIDENTS 13:56:31 WILSON AND ROOSEVELT'S ACTIONS, THOSE ARE REALLY IRRELEVANT, 13:56:34 AREN'T THEY? >> THEY ARE IMPORTANT IN 13:56:36 SHOWING THAT PRESIDENTS HAVE RELIED UPON THEIR 13:56:39 CONSTITUTIONAL AUTHORITY TO ENGAGE IN WARRANTLESS 13:56:44 SURVEILLANCE OF THE ENEMY DURING A TIME OF WAR. 13:56:47 THE FACT THAT THE FOURTH AMENDMENT MAY APPLY DOESN'T 13:56:50 NECESSARILY MEAN A WARRANT IS REQUIRED IN EVERY CASE, AS YOU 13:56:53 KNOW. THERE IS A JURIS PRUDENCE AT 13:56:55 THE SUPREME COURT REGARDING SPECIAL NEEDS. 13:56:57 NORMALLY IN THE MASS SECURITY CONTEXT, OUTSIDE THE ORDINARY 13:57:00 CRIMINAL LAW CONTEXT, WHERE, BECAUSE OF THE CIRCUMSTANCES, 13:57:05 SEARCHES WITHOUT WARRANTS WOULD BE JUSTIFIED. 13:57:08 >> MR. CHAIRMAN, MY TIME IS UP. I'LL CONTINUE THIS LINE OF 13:57:11 QUESTIONING LATER. >> THANK YOU VERY MUCH, SENATOR 13:57:15 FEINGOLD. SENATOR GRAHAM. 13:57:16 >> THANK YOU, MR. CHAIRMAN. I WOULD LIKE TO CONGRATULATE 13:57:19 YOU ALSO FOR HAVING THESE HEARINGS. 13:57:21 I THINK WHAT WE'RE TALKING ABOUT IS INCREDIBLY IMPORTANT 13:57:25 FOR THE COUNTRY IN TERMS OF THE FUTURE CONDUCT OF WARS AND HOW 13:57:29 WE RELATE CONSTITUTIONALLY TO EACH OTHER. 13:57:32 AND, PERSONALLY HOW WE RELATE. I FIND YOUR TESTIMONY HONEST, 13:57:37 TRAIT FORWARD, YOUR LEGAL REASONNING IS WELL ARTICULATED. 13:57:42 I DON'T AGREE WITH ALL OF IT. ABOUT HIDING SOMETHING ABOUT 13:57:46 THIS PROGRAM, IS IT NOT TRUE THAT THE CONGRESS HAS BEEN 13:57:50 BRIEFED EXTENSIVELY, AT LEAST A SMALL GROUP OF CONGRESSMEN, 13:57:53 SENATORS ABOUT THIS PROGRAM? >> SENATOR, I HAVE NOT BEEN 13:57:57 PRESENT, AS I HAVE TESTIFIED BEFORE, AT ALL OF THE 13:57:59 BRIEFINGS. BUT IN THE BRIEFINGS I HAVE 13:58:01 BEEN PRESENT, THE BRIEFINGS WERE EXTENSIVE. 13:58:04 THE BRIEFINGS WERE DETAILED. MEMBERS -- MEMBERS WHO WERE 13:58:09 PRESENT AT THE BRIEFING WERE GIVEN AN OPPORTUNITY TO ASK 13:58:12 QUESTIONS, TO VOICE CONCERNS, AND IF ANY MEMBER OF THIS BODY 13:58:15 BELIEVES THAT YOU'VE DONE SOMETHING ILLEGAL, THEY COULD 13:58:18 PUT IN LEGISLATION TO TERMINATE THIS PROGRAM, COOPERATE THEY? 13:58:22 ISN'T THAT IN OUR POWER? >> CERTAINLY, SENATOR -- 13:58:25 >> WELL, I WOULD THINK IF YOU BELIEVED OUR PRESIDENT WAS 13:58:28 BREAKING THE LAW, WOULD YOU HAVE THE COURNL OF YOUR 13:58:32 CONVICTIONS AND STOP FUNDING FOR IT. 13:58:34 NOW, IT SEEMS TO ME THERE ARE TWO WAYS WE CAN DO THIS. 13:58:38 WE CAN ARGUE WHAT THE LAW IS, WE CAN ARGUE IF IT WAS BROKEN, 13:58:44 WE CAN PLAY A POLITICAL DANCE OF SHIRTS VERSUS SKINS, OR WE 13:58:50 CAN SIGN CONSENSUS AS TO WHAT THE LAW SHOULD BE, AND I 13:58:54 ASSOCIATE MYSELF WITH SENATOR DEWINE AS TO WHAT I THINK IT 13:58:57 SHOULD BE. IN A DANGEROUS AND DIFFICULT 13:58:59 TIME FOR OUR COUNTRY, I CHOOSE INQUIRY VERSUS INQUI 13:59:05 SIGNIFICANCE, COLLABORATION VERSUS CONFLICT. 13:59:07 TO ME,

ZOOM IN ON WINDOW OF HIGH RISE BRICK APARTMENT BUILDING ON UPPER WEST SIDE.

Warning Lights, Road Repair, Night

INT BROLL GEORGE ZIMMERMAN TRAYVON MARTIN TRIAL / SWITCHED POOL FEED KATIE HUBER LOG **NOTE: JUDGE'S COMMENTS IN CAPS **NAMES OF WITNESSES IN RED **VISUAL DESCRIPTIONS IN (PARENTHESES) **GOOD STATEMENTS/VIDEO BOLD 8:56:29 (zimmerman walking in.... blue jacket, khaki pants, white shirt, yellow tie) 9:01:18 PLEASE BE SEATED. GOOD MORNING.. ON RECORD. STATE VS ZIMMERMAN. READY TO BRING JURY IN? rionda: may we approach? YES (sidebar) 9:03:09 (martin family) 9:05:36 TELL THEM TO WAIT ONE SECOND WE WANT TO WAIT ON THE AVAILABILITY OF A WITNESS...... OK WE CAN BRING THEM IN 9:06:15 GOOD MORNING LADIES AND GENTLEMAN. PLEASE BE SEATED. WELCOME BACK. QUESTIONS: CONVERSATIONS WITH EACHOTHER ABOUT THE CASE? NO HANDS RAISED. READ OR LISTEN TO REPORTS? NO HANDS RAISED. USE ELECTRONIC DEVICE FOR RESEARCH? NO HANDS RAISED. CREATE SOCIAL MEDIA? NO HANDS RAISED. MR MANTEI CALL WITNESS....... greg mckinney 9:07:40 (sworn in) 9:08:00 mantei: name? greg mckinney... work for united security alliance... video surveillance, IT department. how long? over a yr and a half 9:08:31 do what? cameras out there to monitor and card system to get in. based where? Tampa, fl. monitor video outside of Tampa? yes. retreat at twin lakes? yes 9:09:13 states exhibit 185... review and download video surveillance? yes. remotely? yes. connect over internet to the DVRs on site and view them and download them. 9:09:43 an incident on 2-26-12? yes. 9:09:54 states exhibit 1, the clubhouse layout? yes. how many cameras does your company monitor? 9. located at the front gate? yes. what did we learn about them? not functioning, a mower hit the cables 9:10:39 as far as the videos from clubhouse, able to download all known video surveillance from the period of time that day? yes. depicted in 185? yes. 9:11:03 what is the second disc? one is label copy and the other is video clips from original data 9:11:21 move into evidence if no objection. omara: approach for a moment? YES (sidebar) 9:13:08 omara: moment to review? YES YOU MAY 9:16:43 ANY OBJECTIONS TO THE INTRODUCTION OF THE EXHIBIT? no. COME IN AS STATES 185 9:17:13 mantei: cameras you located, what did you learn about the time on the footage? the video footage is 18 minutes off approximately. slow? yes. add 18 minutes for the accurate time? correct. the way system was recording? yes 9:17:47 camera locations, you mentioned 9... 2 particular... interior and exterior to clubhouse? yes. kitchen camera? yes. that camera right about this area? yes. faces? the front. street, retreat view circle? yes. 9:19:03 exterior, one in the east pool hall? yes. and west pool hall? yes. is the east pool hall located outside in this vicinity? yes. its direction of view is this way? correct 9:19:31 this here, what's that? mailboxes... camera faces mailboxes? yes. this is twin trees lane? correct 9:19:50 clips you referenced, first show you what we talked about as the kitchen video... is what we're talking about? yes. looking out from kitchen camera? correct. time on it is 18:50:33, but add 18 minutes, 19:08:33? yes 9:20:54 (kitchen camera playing) was that something we saw go by that window? Object! Improper Foundation for this witness SUSTAINED 9:21:25 next view is east pool hall camera? this the view? yes 9:21:38 mail box out here? yes 9:21:44 (playing east pool hall video) 9:22:19 back up and play this one more time from beginning.... 9:22:40 (playing east pool hall video) 9:23:20 time beginning for this tape is depicted in lower right hand corner? yes. add 18 minutes to that one as well? yes CROSS 9:23:55 omara: good morning. working for company back in Feb. 2012? yes. 9:24:07 when did you do this work that you're talking about? the day afterwards and 3-21 was asked to get the record again 9:24:21 previous to this event...ever been to this area? no. looks like a pool because of...? well I went there last night. to familiarize with yourself with area before today? yes 9:24:48 where those cameras were? yes 9:24:54 are they identified at your remote location by a number, so you know where to look? by name, east pool. west pool 9:25:14 when did you notice the timing? Feb. 28 2012 9:25:25 any explanation how system is 18 minutes off? nature of computers and clocks like that... they drift. don't know exactly? no. could be 19 seconds? within 18 seconds.... 15 or so either way... total span of 30 seconds? yeah I'm just guessing. don't guess? then I don't know 9:26:09 somewhere around 18 minutes? correct. could be 19 or 17? possibly, that'd be a guess though. could be 17 could be 19? I don't know 9:26:30 know if this was a concern that kept going... lose a second an hour and might be more...? I don't know how long it lasted or the drifts 9:26:49 could be several minutes more if there was a malfunction if it happened, two days later 18 minutes but could've been 25? that'd be speculation, I don't know. 9:27:13 nothing to support? right just know that it was 18 minutes when I checked it. CALL NEXT WITNESS. john good. 9:28:09 (sworn in) 9:28:29 rionda: name? Jonathan Good. 9:28:38 married? yes. how long? a little over a year. kids? no 9:28:50 what do you do for a living? finance. how long? 6 years 9:28:58 education background? FSU graduate 9:29:05 currently living in Seminole? yes 9:29:15 Feb. 2012, retreat twin lakes... 1221 twin tree lane? yes. upstairs bedrooms and living downstairs? correct. how long at that time? 3-4 years 9:29:41 enter into residence? come in right passed the bathroom and the downstairs living quarters. where are the stairs? on the right 9:30:07 toward the back exterior of the house.... living quarters? yes. sliding glass door that goes out to backyard? yes 9:30:23 back porch? I guess it would be considered a back porch... just a slab of concrete with two pillars. no screened in? correct 9:30:49 backyard have walk way? yes. 9:31:02 sliding glass door, any blinds? yes. tell us about it? always closed. what type of blinds? junky white tall blinds. vertical or horizontal (computer malfunctioned--- asked him about the sounds he heard.) 9:37:34 what did you see at that time? a tussle... a dog attack, a lot of dogs walk in back area... only see an object 9:37:49 what did you observe? a tussle... vertical to me... just like the blinds... I yelled out what's going on and stop it I believe 9:38:10 football, instant replay? yes. try to do that with you.... 9:38:20 stepped outside... one foot out... seconds, minutes? seconds 9:38:32 estimating and wife was not timing you at all... how long was it? a few seconds 9:38:56 mentioned when you put your foot out and saw something out there... mentioned vertical? looking at someone in the backyard, they're faced directly to the ground.... they would be making a t with the sidewalk 9:39:29 how close to the sidewalk was.... one or two? I couldn't tell. how close was object to sidewalk? they weren't on sidewalk, but they were vertical, hard to see 9:39:55 did object end up moving? yes. 9:40:01 where it was when you first observed it and the second time, how far from the original place? not far, just up onto the concrete 9:40:23 one individual there or two? two when they were still vertical 9:40:33 describing who was on top? only colors of clothing? on top? dark.... on bottom? light red or white color 9:40:55 not making notes when you're doing this? no. 9:41:05 positions changed, how long did it take for them to change... ongoing process? quick, only seen a few seconds of what happened... 10 seconds max. 9:41:26 as little as 2 or 3 seconds? it could be 9:41:32 change in position, they were horizontal... still two individuals? yes. 9:41:42 able to describe their faces or just clothing? going back to vertical... on bottom was lighter skin color. saw them horizontal, who was on top or bottom? same position still 9:42:07 person on top to the bottom? a straddling position 9:42:15 what do you mean? legs over the lower part of the body 9:42:23 person on bottom... face up or down? face up 9:42:32 see whether bottom was face up or down? when they were vertical? when you first saw them? no I couldn't see anybody 9:42:52 observed the second time... saw the person on bottom was face up? correct. person on top was straddling? correct 9:43:09 what was going on? I thought it was serious. why? looked like strikes or punches.... could've also been holding down... arm movement going downward... from person on top? correct. dark colored attire? correct 9:43:42 person on top... arm movement? shoulder down... see their hands? too dark to see that 9:43:58 person on top was striking and going like this? I could not hear that... hear this? no. (loud noises) 9:44:20 holding the person on the bottom? Object! That's leading OVERRULED 9:44:31 person on top holding down the bottom? possible, arm motion downward not just once 9:44:51 mention you said something, did you yell or say please.... recreate in your tone you used? pretty hard going back to that day 9:45:11 loud? enough for them to hear me. 9:45:16 what did you say? what's going on... no one answered and then at that point... the person on bottom I could hear a help... I said cut it out and I'm going 911 when I thought it was getting really serious 9:45:40 pretty quickly or pausing? pausing... equate to the time I said too... yelling it? yes 9:45:57 first stepped out... hear any yelling? not initially when I stepped out 9:46:09 when you did step out... any individuals say something at that point? no 9:46:20 mentioned they said something, after you said something? yes. who was saying something? 100%, no 9:46:40 person on bottom would've been saying something? correct. if it was the top there would've been an echo and not direct at me 9:47:03 person who said help, person who said help was it help help help continuous? one or maybe two. what happened? moved onto sidewalk. what happened? in the straddle position, thought it was getting serious and call 911 9:47:34 go in and call? yes. close door? didn't care about door 9:47:44 turning around and going back inside... hearing any screams or yells from outside? adrenaline was going, I can't remember 9:48:01 first heard something and stepped outside, was volume still going? it was muted 9:48:27 light outside, remain on? remained on 9:48:33 stepped out and mentioned two individuals, anyone else? not at first. at the very end 9:48:47 did you notice other neighbors peeking out from any windows? my focus wasn't on that 9:49:13 point seeing the individuals, straddling position... see their hands? side view, so I don't think so 9:49:29 tell whether person on bottom had gun out already? I can't tell, no 9:49:53 I'm going to play the 911 recording... ANY OBJECTIONS? no your honor 9:50:18 states exhibit 162 9:50:24 (911 audio playing---- heard a shot... yelling for help... pretty sure the guys dead out here, holy shit.... anything else you heard, no guy yelling help... guy with flashlight in backyard now... I think there's flashlights and a guy... don't know if it's a cop... there's two guys in the backyard with flashlights... a black guy down, looks like he's shot and dead... laying and multiple people calling right now I'm thinking.) 9:52:35 recognize that being your voice? unfortunately 9:52:44 somebody with a flashlight? yeah people came around the corner at some point 9:52:55 straddling position, because of the posture of the person on top? both, yeah 9:53:08 descriptive words as MMA style? yes. what? as a straddle position like that.. common position you would see in mixed martial arts 9:53:35 position of person on top over bottom? in the actions of the arms, looked like something I'd seen on TV. like wrestling? I don't understand 9:53:59 ever see the person on top slam them into concrete? no. see them slam head into concrete over and over? no. see the bottom slam head into concrete? no 9:54:40 back when you were living in your residence... ms lauer also lived there, neighbor? correct 9:54:53 you actually heard the recording that 911 call she made with the cries for help? yes. heard that before in depo? no. at that depo did that sound the same? it did not sound the same as I heard that night 9:55:30 states exhibit 1, recognize this? yes... the sidewalk, here? yes. 9:56:08 area you're talking about here? yes. 9:56:28 states exhibit 6, make out your back yard on that exhibit? I guess 9:56:41 would this have been lauers and yours is here? yes 9:56:51 conditions of the weather that night... 2-26-12 around 7:05-7:15, dark? yes. weather... raining snowing? defitenily wasn't snowing, but I was very nasty outside 9:57:21 nasty meaning? raining off and on all night 9:57:28 exhibit 7... what we're looking at? yes 9:57:37 dog garbage... going toward your residence here? yes. 9:57:58 exhibit 33 this is your residence here and ms goods here? incorrect... we don't live in separate homes... ms lauers? correct 9:58:34 street address is right there in the front? that's the number address... yes 9:58:49 twin tree lane? yes 9:59:10 states exhibit 39, recognize that? yes. 9:59:19 your backyard here? yes. see the sliding door? the one of the left actually 9:59:45 this was ms lauers back porch? correct 10:00:05 exhibit, the big diagrams... courts assistance? YES YOU MAY 10:00:55 approach witness? YES 10:01:00 back to February of last year... states 139... live at 1221? yes. 10:01:22 this exhibit... 1221, depiction of person... this area you saw? beginning or end.... 10:01:43 observed and went back inside? yes 10:01:50 concrete is this sidewalk were talking about? yes 10:02:03 went back inside and called 911... hear a gun shot? yes. recall if that was before you called 911 or during or after? while it was dialing 10:02:24 how long it took to dial? it was probably right inside, usually keep phone next to me 10:02:45 shot was while dialing or on the line? on the line waiting to get picked up 10:03:00 moment? YES 10:03:29 heard a gunshot any more yells? I wasn't focused on that... focused on calling 911? yes 10:03:49 in terms of the 3 cries for help... when you went outside? I said 1 or 2, possibly 3... I don't know 10:04:04 all one voice or more than one? sounded to be the same voice 10:04:16 not able to identify that voice? not 100%, no 10:04:30 what you heard when you looked out there... only heard one help help or anything else? that's all I heard 10:05:01 no further questions CROSS 10:05:10 I need a few minutes for exhibits....SURE 10:05:54 omara: very reluctant to be involve in case? correct. anonymity be continued because of concerns? correct. accomplish until today, but couldn't because of process? correct 10:06:28 recall what you said that night and told other people? yes 10:06:39 that night.... I want to define the terms you used... watching TV? yes. heard noise outside that gets attention? yes. 10:07:01 noise or yells? I didn't say yells... just a noise in the distance 10:07:16 lived there? yes. noise came from which way when you first heard? couldn't tell where it came from... it was faint and getting closer 10:07:38 could've been from this area? I thought we weren't speculating... I'm just asking you where you think. Objection! Speculation SUSTAINED 10:07:59 next thing that caught attention? heard it again... it was getting louder.. where? just closer to where I was 10:08:12 what did you do? muted the TV again and I preceded to sliding door 10:08:21 time in between where you turned TV down and back on? yes. how long? no. 10:08:34 maybe a couple of minutes? you were wanting a time frame, so yes 10:08:44 sound about right still? I guess, we weren't keep track of time. 10:08:55 caught attention, muted it and then what? muted it and I went to sliding door 10:09:05 looked outside and say again what you saw..... first looked out after second noise, what did you see? couldn't tell what was out there. 10:09:26 your view and what it was? couldn't tell what was out there, opened sliding door and screen... took step out to see better view 10:09:43 what you saw? possibly a dog tussle... could only see one person out there 10:09:52 vertical, horizontal and want to clarify? horizontal as laying flat on ground, ok? that's your perception 10:10:18 horizontal would mean they're laying on the ground flat...? they were laying on the ground 10:10:32 vertical would be standing up vertical, agree? correct 10:10:47 with that in mind, describe the scene you saw and your perspective.. how far away? closer to sidewalk, but not on side walk. 15-20 ft.? I guess 10:11:08 sidewalk about 20 ft. away, would that be close to accurate? I guess 10:11:24 use for now... how far then, about 20 ft. almost to the pathway? yeah close to the sidewalk 10:11:38 using the terms how were they? they were laying on ground, if you fell back vertically that was how I was looking at them 10:11:59 back was toward me, but facing downward 10:12:06 saw his back? yes. like this? at beginning no.... go to the ground, like that? no. more like flat or flat... horizontal on top of the other? correct... when did that change? closer to the side walk 10:12:44 position of the two? more of a straddle position when on side walk 10:12:53 explain that in more detail? more just person on tops legs were over the person laying on the ground 10:13:15 person on top like this? that's accurate 10:13:21 and person on bottom was flat? correct. on his back or not? back 10:13:32 person on top was wearing what? same person on the top when they were t shaped. did not change positions? no... guy on top wearing black was now straddling him? correct 10:14:04 now closer to the cement pathway? on the cement at that point 10:14:13 what movement were you... walk us through that... at point tell me your focus on what they're doing? on the entire time... only 8-10 seconds, so quick 10:14:37 saying.... on concrete, arm movement going downward 10:14:49 step out to watch them was 8-10 seconds? very quick... not a long time 10:15:01 rionda asked you if you said as little as 2? I didn't state the entire thing was 2 10:15:12 the entire time you watched? 8-10 seconds... what turned out to be martin and zimmerman? correct 10:15:27 8-10 watching them do whatever was happening? I would say, yes 10:15:40 movement or struggle? at the beginning or the end or the whole thing.... beginning? walked out and looked like one person, then could see the second... looked like a tussle... got more serious on sidewalk with straddle and arm movement going downward 10:16:13 trying to be extraordinarily literal? through the whole thing... same thing I said in deposition 10:16:27 initial statement, first opportunity to talk to officer the first time... explained as best you could recall? correct 10:16:47 person on top in MMA style straddle position? correct. ground and pound? correct. what is that? takes place in that type of position 10:17:08 knew it enough to give terminology? first thing that came to my mind... ground and pounding person on bottom? that's what it looked like 10:17:29 what is that? person on top punching person on the bottom, but the bottom can come back.... dominant? top... usually a positive I would think.... (phone went off and distracted people) 10:18:04 ground and pound? top is dominant... person on bottom is able to get out or throw punches back, but I didn't see any of that 10:18:36 top is dominant because weight is on hips? correct. bottom can't get much movement or leverage? depends on the person on the bottom. and their training in MMA? not really trained but other things 10:19:07 top has arms free? correct. might have arms under his knees? Objection! at the scene or in general. SUSTAINED AND LAY BETTER FOUNDATION 10:19:32 ground and pound position, dominant position can get guys on the bottom under his knees to rain blows on him? I don't know 10:19:55 top has arms free? correct. that night you saw... martin was on top? correct. was raining blows down on the bottom? that's what it looked like 10:20:17 couldn't actually see fist hit face? no. blocked by what? not blocked, dark out 10:20:29 looking at martins back? incorrect. at sidewalk they're side to me... lateral to my house 10:20:44 by the time they were at sidewalk, you could see more...? his right arm (Zimmerman) 10:21:04 saw him striking down? arm movement going downward. how many times? I have no idea, I went back inside... getting serious 10:21:20 hear zimmerman screaming for help? incorrect... that was in the beginning when I saw someone on top 10:21:36 when was the first time you heard the person on the bottom scream for help? initially went outside and didn't see second person, then I could... coming from the bottom because usually on bottom is screaming or yelling 10:22:01 balancing trying to be literal and what you remember and common sense, bottom is screaming? rationally thinking I would think so 10:22:20 had it been martin screaming for help, since his back was to you the yell would go away from you? it would've sounded different. 10:22:42 person screaming from 15 ft. away almost directly at you? sounded like it was coming toward me, yes 10:22:59 now moved up in the ground and pound position, what you heard and did hear.... hear something like this? no. could that happen without you hearing it? Objection! SUSTAINED. paying attention to those sounds? no 10:23:36 skull being smacked against concrete? I can't remember. heard fist driving into head? I can't remember 10:23:54 while not the noises rionda suggested, could've occurred that martin was hitting zimmerman, but don't remember sound of that? Objection! SUSTAINED REPHRASE 10:24:21 not telling jury that you know martin was not striking zimmerman in the face? I can't confirm that was happening 10:24:41 don't want to say that martin was taking Zimmerman's head on the cement, didn't see that? yeah I didn't see that. because of darkness and positioning? yes 10:25:14 during deposition and other times regarding what you heard and the disparity of what you heard and the 911 call indicates? yes 10:25:36 doesn't seem like same screams to you? ones coming from audio and the other I heard in person. 10:25:50 not suggesting they're not the same screams from different perspectives? I couldn't say 10:26:02 lauer's call to 911 was timed perfectly with the screams she heard and the gun shot you heard, correct? what do you mean... 10:26:18 you heard gun shot? correct. and on her tape? correct. going back in time from gunshot and her tape there was 40 seconds of screaming on that call? Objection to Speculation TESTIFY IF HE KNOWS 10:26:46 listen to lauers call again... think through... 45 seconds into call you'll hear gunshot... then testify what you remember seeing in timeline to that shot? I wouldn't be able to tell you... well I'm going to play the tape and well go from there 10:28:19 (911 lauer call playing) 10:29:09 heard the gun shot? yes. 10:29:13 different perspectives, same gunshot you heard? didn't sound the same, sounded like a rock hitting my window.. knowing now it was the same? yes 10:29:34 sounded much different from across the pathway and into ms. lauers apartment? correct 10:29:47 didn't hear your voice on that tape, did you? no 10:29:54 you did say what you said to them? correct. not showing up on tape doesn't mean it didn't happen? I know what I said.... talking about someone who was in their house though 10:30:28 using that gun shot as reference point, take you back in time... before the call is when you turned around and went back inside? before the gun shot... 10:30:54 heard the gunshot dialing 911? correct I was inside 10:31:02 know the gun shot you heard here was the one you heard.... gunshot happens you were on the phone? waiting for someone to pick up 10:31:20 heard your 911 call that says just heard a gunshot? correct. happens after gun shot? correct 10:31:34 only a few seconds before gun shot that you were looking at the two individuals? correct 10:31:53 you are certain the person on bottom was yelling to you? not 100% certain... but it did sound like it was bottom 10:32:12 not 100%, knowing you want to be literal and cautious... but using common sense... listening to sound of yelling, where was it coming from? sounded like the person on the bottom... coming straight toward you unobstructed? I would say yes 10:32:46 relate any of those two helps.. how many did you hear? 1, 2. possibly 3 only a few 10:32:59 could you relate those to this tape? no 10:33:14 the yells you heard, however many were always the same voice? that I personally heard, yes... no second voice? not that I heard 10:33:32 when you ran outside that time you went out to porch, actually told them stop? what's going on, cut it out, stop something like hat 10:33:50 martin on top didn't stop? no one stopped. acknowledge you were there? nobody did... kept doing what he was doing even though you asked him to stop? I guess I asked him, yes 10:34:21 never saw gun? no. no gun in hands that you could see? not that I could see 10:34:33 period of time during straddling, seem like zimmerman was trying to get up? didn't watch long enough to see that... 10:35:01 one on top of other before straddle, that's when zimmerman was trying to get up? yes. how? person on top of him... I didn't think he wanted to stay on the ground... describe how he was trying to get up from that position? couldn't tell you 10:35:34 describe? what do you want me to describe if I can't tell you 10:35:44 when you said guy on bottom trying to get up? if persons on top, you're not trying to stay on the ground... rationally, person on bottom trying to get up. any movements by him to try and do that? couldn't see anyone when I first went out there... 10:36:30 first time you noticed Zimmerman's clothing? just as I just stated 10:36:45 right before... in that very initial 10:36:52 see he was wearing red? different color than the person on top was wearing, yes... red or white 10:37:17 going through your statements and who you spoke with and when... first had opportunity to speak to, first person? first statement... that would've been the police 10:37:39 filling out hand written statement? yes. inconsistencies today with that? clarify in any other statements since that first one 10:38:02 straddle position back then where person on top was straddling person on bottom in red... bottom was getting hit yelling help? didn't mean to say they were yelling help while getting hit 10:38:29 also talked to investigator sereno? correct. same day? later that night. gave him an oral statement? correct 10:38:48 in that statement the same day you described straddle as MMA? correct. ground and pound first talked about? correct 10:39:14 also talked to the media... they found you out? came to my house every day and harassed us for the next 6 months... 10:39:31 answered one door knock with reporter talking to you? next morning 10:39:44 similarly told them, guy on bottom in red was getting beat up? correct 10:40:01 also saying at that point he was yelling for help? correct 10:40:12 month later FDLE john bachelor spoke with you? sereno in between that 10:40:29 except for clarifying, no inconsistencies? just clarifying 10:40:39 john bachelors conversation? correct. more detail about what happened? from my point of view, yes 10:41:06 everything in there, still stand by? yes 10:41:24 tell me why you initially thought this just may have been a dog fight? a lot of dogs get walked back there, maybe a dog got loose... people partying it was Daytona 500 weekend 10:42:02 any problem with dogs in that area? nothing unusual... maybe a dog getting off its leash 10:42:31 approach the witness? YES YOU MAY 10:42:41 states exhibit 45, recognize who that is? now I do, not at the time... clothing you saw that night? can't say exactly... definitely a red or lighter color... that red on the bottom? possibly 10:43:22 moment, almost done 10:45:12 just show to him and not publish to the jury yet.... 10:45:43 defense e for identification 10:45:50 clothing here for the person on top? person on the right, yes. person in the center? correct 10:46:06 similar to the top? same colors, yes 10:46:30 enter that into evidence. ANY OBJECTIONS? no. DEFENSE EXHIBIT 18 10:47:43 during your interview, you prepared a sketch of what you saw that night, remember? yes 10:48:12 DEFENSE EXHIBIT 19 10:48:20 identify this as a blow up of a sketch you prepared? yes it's my horrible stick figures 10:48:37 explain to the jury what you intended to do with this sketch? door and house... where they first were and where they moved to 10:49:01 this is your patio area? yes. looking out at first? yes... looking at from here to here first? correct. 10:49:40 tell me the legend and explain what you were indicating? depicted them laying how I started earlier.. black on top, red on bottom... moves to sidewalk, laying this way black on top, red on bottom... in straddle? yes. with martin on top? yeah I could not draw that 10:50:20 this number three? when I went upstairs and looked down and the body was... not in the same position I left them in. 10:50:41 on sidewalk and body was closer to where I was... looked out from upstairs? upstairs... saw martins body between the pathway and your home? correct 10:51:02 stick figure... seen the photos taken as martin as he lay after the shot? no. did you see anyone move the body at all? I think I saw him flip him over and try to give him CPR. laying face down? correct 10:51:34 see the other person? on the side walk, standing up.. guy with flash lights came around the corner 10:51:49 gun shot, on the phone to the time you looked out to see martins body in position.. and zimmerman walking about, how long? if you sliced the phone call you could do it to the T 10:52:15 just heard the gun shot? correct. I see someone outside, that's about the timeline you would say was accurate? that's when I'm walking upstairs, yes 10:52:35 tell the jury... hear gun shot while dialing... tell me you're movement until you get to the area where you see martins body? walking, trying to spell out twin trees 3 times, and see the body 10:53:08 still on stair case while dialing? heading up 10:53:17 continued walking, go to back bedroom? master. balcony and window? window in bathroom and room. which one? bathroom window 10:53:38 could've been one of the two? I believe it was the bathroom window... remember that you said something acknowledging you had just seen the body when you saw it? repeat 10:54:01 if listen to 911 tape, you said there's somebody outside and I think he's dead, precise to when you saw the body? correct...from when I stated I just heard a shot, yes 10:54:41 moment? YES 10:55:06 clarify.... look out and see martins body and then you saw zimmerman walking about? standing, walking, yes but on the sidewalk 10:55:24 two guys with flashlights? I think two coming around corner 10:55:31 tell one was an officer? no.. just saw a flashlight. still dark out? correct 10:55:42 porch light was on? it was on. the whole night? yes. point down? light bulb inside of globe... in ceiling above? correct. not a flood light. illuminate porch area? a little bit. not to increase what you talked about near the pathway? no 10:56:28 voice screaming for help... it was just one person's voice? when I heard it outside, just one person's voice... now believe that was Zimmerman's voice? I never said that, I said it could've been, not 100% sure. not asking for 100%? that's just my opinion. Nothing further REDIRECT 10:57:21 first saw them.... saw like this? correct. one on top of other? correct. next time the other was straddling? correct. feet were to the right? feet, yes... heads were towards the T. of the sidewalk 10:58:35 asked about statements and interviews... talked to officer at the scene and a detective and then from FDLE... another with sereno on the phone 10:59:03 at some point talking to me and then I took a statement? another with FDLE and then you 10:59:15 certain questions not asked at beginning than later? new questions right 10:59:26 weren't asked to elaborate at the beginning? correct. nobody asked if you heard this? no. did not hear that? no 10:59:48 didn't hear that either? no. 10:59:52 in one of the interviews with sereno... omara asked you about ground and pound... could it be that investigator sereno used those words and not you? I believe it was me because it was in my initial statement as well... put ground and pound in initial statement? possibly 11:01:12 IT'S FOR IDENTIFICATION PURPOSES... 11:01:22 marked as 2S... read it and see if you used words ground and pound 11:01:42 omara: improper impeachment! I DONT KNOW IF IMPEACHMENT OR RECOLLECTION 11:02:07 I say ground getting hit....ok 11:02:13 in that interview with first officer you did not use ground and pound? not interview, it was written statement, by the time I spoke with sereno I might've said that to give a better description 11:02:39 believe you used ground and pound with sereno? I believe that's better described, yes 11:02:52 elaborate more and more? clarify... felt important to clarify certain things? to give a better visual 11:03:12 moment? YES 11:03:31 porch light, not on the ceiling.. its outside? caddy corner of ceiling and wall.. illuminates out into the yard? that patio area 11:04:02 marked for identification.... interview with sereno and that was on February 26th... omara: identify the document... 11:04:39 omara: moment? YES YOU MAY 11:05:12 omara: ask that audio be used for impeachment.. OBJECTION I NEED TO HEAR THE OBJECTION, NOT SPEAKING ONES. improper foundation. HASN'T HAD IT IDENTIFIED, WAIT FOR THAT... omara: ask council for a second? YES 11:05:53 rionda: interview with sereno? correct. used word MMA? correct. you believe you used the word ground and pound? I believe so... could it be that sereno used ground and pound? it could've been 11:06:24 you as best you could in elaborating used language based on MMA on TV? to give a better description. the straddling over one on the other? yes. to depict there were blows like that on TV? yes. but didn't actually see those blows? downward arm movement 11:07:06 the times you heard help, believe it was person on bottom... not 100% but because on bottom would be yelling for help? correct and that's when I first saw the person on the bottom 11:07:34 person yelling for help would not have come toward you? yes 11:07:45 person on top was yelling help and it would be toward the ground and not you? Object! TESTIFY TO WHAT HE SAID 11:08:15 I didn't hear a muffled help, no 11:08:21 never saw the bottoms hands if he had a gun? no. couldn't say one way or other? no 11:08:39 you can't say whether person on bottom was trying to get up, may have been? person on bottom was trying to, but I couldn't confirm that... just from common sense? correct 11:09:11 several statements you gave... felt the need or weren't asked questions to specify? correct. felt the need to clarify? yes so words weren't put in my mouth, yes 11:09:39 lying originally with what you said? lying, no.... because you didn't clarify? no it was just the question was never asked of me 11:10:24 moment? YES 11:10:49 mention at the end of the cross, you went upstairs and looked out and saw what you now know as martin on ground... saw person zimmerman standing up, and then saw one or two guys with flashlights? correct 11:11:21 looked out and martin being like that? no, opposite view... but yes the body looked like that.... if I was standing over there looking that way... body was faced down? yes 11:12:37 states exhibit 77... vantage point different but body faced down? correct. 11:12:51 MMA trained at all? no in shape to do that 11:12:57 were zimmerman or martin MMA trained? I didn't know either people. nothing further 11:13:53 omara: copy of your statement given mostly to what was happening? yes. what words you used and first opportunity? not question, but given for statement. accurate? from what I said that night 11:14:22 move to evidence. rionda: same objection PLEASE APPROACH (sidebar) 11:19:23 statement you gave to sereno, correct as best you could remember the incident the way you viewed it? correct. 4 or 5 statements all together? probably.. all somewhat different? what do you mean... 11:19:56 clarify certain things? yes. add to what needed to be added? add but not changed. questions asked would prompt you to answer about new subjects? yes. this statement was only half a page? correct. another was a page and a half of transcription? yes. another longer with FDLE? correct. some facts added to one because the way questions were asked? I don't know about facts, but more clarification 11:21:01 deposition was about 50 pages? correct. rionda wanted to make sure jury understands that statement 1-4 aren't the same, you weren't lying? no. just answering questions? yes 11:21:34 even said that adrenaline was flowing? yes. event where you hyper focused on what was happening? for a few seconds 11:22:03 traumatic event to see that to call 911? yes. recounted story time and time again, things became more expanded? yes, but the groundwork stayed the same... two guys, one on top? clarified I couldn't see punches... 11:22:45 guy with red was always on bottom? correct. never changed? right 11:22:55 with sereno, ground and pound... completeness, put in context for you... ask you if this is what you said..... heard someone yelling, not sure if it I was a fight... see kind of a person out there, open my door black man on top with a white guy on bottom yelling out help, tried to tell them get out of here or stop or whatever, guy on top was pretty much just throwing down blows kind of MMA style... context in which that happened? yes. sereno said word ground, maybe ground and pound... and you said yeah like a ground and pound at this time, calling 911 now? Objection! Hearsay and improper Bolstering. omara: rule 108. OBJECTION TO HEARSAY IS OVERRULED, BOLSTERING IS NOT RIGHT EITHER. rionda: beyond scope. OVERRULED 11:25:03 that's what you said right? yeah. context in which ground and pound came from? for more clarification. ground and pound even still today? looked like it, but couldn't tell if faces were being hit... but did see MMA style? meaning arm movement going down.... RE-RE-DIRECT 11:26:02 clarify after that, you did not see fists...? both sides made me clarify. did not see blows on the guy on the bottom? correct 11:26:20 under subpoena, talk to him at lunch..... REMAIN OUTSIDE SO COUNCIL CAN SPEAK WITH YOU. 11:26:47 HESITATE TO TAKE YOU TO BREAK AND WAIT FOR LUNCH...... I DONT KNOW IF LUNCH WILL BE HERE UNTIL NOON. RECESS UNTIL 1.... 11:27:14 DO NOT DISCUSS CASE. DO NOT LISTEN OR READ ABOUT CASE. NO ELECTRONIC DEVICES. NO SOCIAL MEDIA ABOUT THE CASE. ASSURANCE? yes. FOLLOW OUTSIDE COURTROOM 11:28:21 PLEASE BE SEATED, ANYTHING TO TALK ABOUT NOW. COURT IN RECESS UNTIL 1 11:28:38 RECESS FOR LUNCH ============================== 12:57:42 (zimmerman walking in) 12:59:05 COURT BACK IN SESSION. STATE VS. ZIMMERMAN 12:59:56 (rionda walking in, O'Mara walking in) Approach (sidebar) 13:01:42 READY TO BRING IN JURY? yes. GO AHEAD AND BRING THEM IN 13:02:38 PLEASE BE SEATED.... LADIES AND GENTLEMAN WELCOME BACK. QUESTIONS: CONVERSATIONS ABOUT THE CASE? NO HANDS RAISED. READ OR LISTEN TO REPORTS? NO HANDS RAISED. USE ELECTRONIC DEVICE? NO HANDS RAISED. CREATE OR READ SOCIAL MEDIA? NO HANDS RAISED. THANK YOU VERY MUCH... RIONDA CALL YOUR NEXT WITNESS.... joe manalo 13:03:54 (sworn in) 13:04:15 rionda: name? jonathan manalo. married? yes. how long? 7 years. kids? yes. daughter? yes. living? work for UPS. how long? 20 years 13:04:44 live in Seminole county? yes 13:04:48 how long? 32 years 13:04:56 living at 2861 retreat view circle in 2-26-12? yes. how long? 3 years 13:05:12 focus on Sunday the 26th, home around 7:05-7:15? yes. anyone home with you? yes. who? wife and daughter 13:05:31 doing what? wife on couch, my daughter and I assembling coffee table bought earlier in the day 13:05:50 outside, was it dark? yes. weather that evening? raining 13:06:02 around 7:10, hear something? yes. describe to the jury? like grunts... dogs barking at first 13:06:18 grunts loud or low? they were loud enough that I could hear it through the window, but still indistinct 13:06:38 did wife do something? yeah she looked through the window. did you tell her anything? yes I said stay away from the window... dont make it our problem. did she pay attention to you? yes. did you ever look out window? no. did your wife ever look at that evening? yes 13:07:14 she just said there were two people fighting, sat down and then heard yelling or gun shot when she peered through window. did you hear the gun shot? yes. 13:07:37 ever looked through window or sliding door? no. 13:07:43 heard the gun shot, take action? I went outside. 13:07:52 how did you go outside? I went through the garage. grab anything? a flashlight 13:08:07 after, where did you go and what route? went to the left, toward the sidewalk and then I walked toward the back to the T 13:08:24 see a man standing on side walk? yes. know that man prior to that night? no. know him now to be George zimmerman? yes. see him here today? yes. person who stood up? yes 13:08:50 first saw him... defendant standing up or laying down? walking toward my direction 13:09:03 walk toward you? walk directly towards me 13:09:09 have your flashlight on? yes. was it dark? yes 13:09:17 observed defendant, walk towards you? yes. anything in his hands? cell phone to his left ear 13:09:33 holding to ear... demonstrate? like this 13:09:47 notice blood? yes, down his nostrils streaming down both sides of his lips 13:10:02 damage to nose? no 13:10:08 did you also see blood on back of head? yes 13:10:16 did you end up taking photos with your cell phone? yes. back of his head? yes. photo of martin on ground? yes. photo of flash light on the ground? next to the body, yes. 13:10:43 use your cell phone to take those photos? yes. use the flash from cell phone or flash light? flash light 13:11:03 look at... states exhibit 1, google or aerial photo of twin lakes? yes. 13:11:34 residence here? yes. route you took.. this way toward walk way? yes. approximately when you came into contact, where you had contact with him? higher... at the T 13:12:09 states exhibit 3, see your residence there? no. 13:12:17 states exhibit 3, dark establish how dark it was? yes 13:12:29 states exhibit 5, part of your residence? yes. what part? back patio... pointing to it? yes 13:12:46 this light, was that on? that was off, turned on after 13:12:58 area where you came into contact? yes. near the T or the dog garbage? yes 13:13:16 states exhibit 6, your patio or pavement here? yes 13:13:32 states exhibit 10, what does that show? the back of my house... the T.... is this the area you walked out of? yes 13:13:50 states exhibit 11, recognize? yes. what does it show? the back of the house and where the crime scene finally ended 13:14:04 were all these markers out there when you came out? no. first one out there after the shot? yes. police officers out there when you got there? no. arrive after you? yes 13:14:29 states exhibit 34, recognize? front of the house. your residence? yes 13:14:41 states exhibit 35, close up? yes.. 13:14:48 states exhibit 37, show the area we talked about? yes. 13:15:09 states exhibit 40, what does that show? side walk toward the T... taken the path to that... left garage out this way? yes 13:15:29 states exhibit 76, take this photo? yes 13:15:36 raining that night? yes. 13:15:42 recall the position you took this photo, sitting down standing up? squatting. after officers came? this was before 13:16:03 states exhibit 77, what is that photo? I believe that's travyon martin 13:16:16 is this the way you found him? yes. move him at all? no. hands were underneath his body? yes. tamper his hands or anything? I never left the side walk, so no 13:16:39 this photo you took of trayvon, the light is from flashlight? yes 13:16:54 states exhibit 78, with cell phone? yes. showing what? object next to him... no other objects other than the little flashlight by the T. 13:17:15 point at it now? yes 13:17:21 the light shown is your flashlight? yes 13:17:46 back in February 2012, states exhibit 139... your residence here? yes. 13:18:09 area depict your route? yes 13:18:31 elaborate about your contact with defendant... flashlight you saw on ground, was that on? no. (malfunctioning computer) 13:22:26 computer came back 13:22:36 picked up his phone, put in pocket and called his wife through my phone 13:22:46 defendant asked you to call wife? yes. picked it up and put in whose pocket? Zimmerman's. which pocket? left side. why that one? closer to me 13:23:07 call his wife, did you do that? yes., know her number? no, know her before? no. how did you get the number/ he gave me her number 13:23:26 dial her number? yes. call her? yes. talk to her? yes. 13:23:39 I had connection with her right away... husband involved in shooting, and he'll be at Sanford PD, defendant cut me off and said just tell I shot someone... what did you say to his wife? okk.. he just shot someone 13:24:28 describe his demeanor? like I was taking too long to say what I had to say 13:24:38 mentioned you saw the body, see any movement in his body? no. 13:24:47 ever hear him say anything? no. 13:24:52 heard the shot and went outside... how long did it take you to come in contact with him? 10-20 seconds 13:25:13 observation was he was beaten? yes. remain outside while officers arrived? yes. present when they attempted to revive martin? yes 13:25:34 what you recall seeing about that? first officer arrived and turned him over... more were coming and asked for a bag to do compressions on his chest... I watched them perform CPR 13:25:58 get a bag? my wife handed me a bag 13:26:04 provide to officer in attempt to save martins life? yes 13:26:13 ever met zimmerman? no. ever met martin? no 13:26:20 ever involved in neighborhood watch program? no. why not? I have work and 6 yr. old to take care of 13:26:41 come into contact that evening, was he in shock? no. what it that based on? not acting like anything different, coherent responding to my questions, just like any other person 13:27:09 observe the defendant look back at the body? no. 13:27:18 appear calm? yes 13:27:25 nothing further. CROSS 13:27:53 west: afternoon. 13:28:12 in the living room with wife and daughter putting furniture together when you hear noises? yes 13:28:31 she said there's two guys fighting or guys fighting? yes. weren't able to see anything? no. never looked out, but did hear the noise continue? yes. moved from corner from right to left? yes 13:28:58 area of T on past your unit? yes. point where you heard a shot? yes. hear the shot yourself, or wife said to you? we both heard the shot 13:29:19 made the decision then to find out what that was about? yes. went from living room in the back, toward the garage? yes. in the garage grabbed a flashlight? yes. 13:29:43 front of your house, turn back around and run length of your unit and bring you in view of where this event occurred? yes, but I didn't run 13:30:09 walk briskly? carefully walking... walk upon the scene and see what's going on 13:30:23 flashlight and cell phone and best estimate is that it was somewhere between 10 and 20 seconds from hearing the shot and coming in contact? yes. didn't see martins body first? correct. caught your attention first was zimmerman? yes 13:31:03 saw him there he was breathing hard? yes. staggering? yes. look to you like he just got his but beat? yes. approached him? yes. weren't fearful of him? no. didn't call police? I asked him if I needed to call police 13:31:37 when you got closer to zimmerman you asked him do I need to call police? yes. told you no, I already called them or something to that affect? yes. didn't know yourself whether he was talking about the call he tried to make or if he called himself 2-3 minutes before? not a way of that 13:32:12 on the phone at that point that he had been talking to police? yes. would have to take place in those 10-20 seconds before you got there? yes. 13:32:37 wait for call to connect and have conversation before you asked him to call the police? I'm not aware of that, he wasn't talking on the phone, just had the phone to his ear 13:33:03 wanted you to tell his wife about the shooting? yes. asked you am I bleeding? yes. and you saw he was? yes. stooped over like this to collect himself? no just squatted down. as if to collect himself? not to collect himself..... didn't you say that in a statement... to try to collect himself, like he just got his butt beat? Objection! Compound question. ANSWER IF HE CAN..... yes 13:34:15 flash light and cell phone with you... opportunity to take picture of his back head? yes 13:34:39 took it upon yourself to take the picture, he didn't ask you to? yes. 13:34:53 asked him what happened? yes. he said, this guy was beating me up and I shot him? I was defending myself and I shot him. 13:35:15 it seemed completely true? yes. 13:35:35 not long until police arrived.... talking to zimmerman as he collected himself, officer time smith got there? I didn't know his name, but right 13:35:54 within a very short time, the first police officer arrived? right. he had a flash light? I dont remember. I know it was a police officer but I dont remember if he had a flashlight 13:36:20 officer smith or first officer arrived and he said who shot him? yes. and George said I did? yes. and officer smith said do you have a gun or something? yes. and zimmerman raised right arm and exposed firearm on his right side? yes. officer said I'm going to handcuff you for officer safety? yes. and zimmerman complied? yes. made available to be cuffed? yes 13:37:12 in the meantime while zimmerman was in the process of being cuffed, wanted you to call his wife? yes. in the process of being cuffed and call his wife he put the phone on the ground? yes. couldn't do anything more than that? right 13:37:40 purpose was to let his wife know that husband was involved in shooting, that's what you did? yes. conversation with who you believed to be his wife? yes. husbands been involved in a shooting? yes and is going to be taken in for questioning? yes. and beginning to explain when zimmerman says just tell her I shot someone? yes. to make it clear that he wasn't the one who had been shot? Objection! SUSTAINED 13:38:39 he may have been abrupt, get to the point? yes. that someone else had been shot? yes 13:39:13 thought that the way zimmerman said that wasn't animated enough, not hyper enough... not agitated enough for you to think he was in shock? I dont understand 13:39:40 do you think he shock, your mind someone who's hyper? or not responsive... one extreme or the other? right 13:40:00 zimmerman wasn't either of those? right. point in his response? yes. compliant with police officers, did understand what was being said? yes. 13:40:21 not animated, he was flat.... that's what you mean by not in shock? yes. not that you have training about in shock? right 13:40:45 something you've haven't been involved in very many times? right 13:41:00 while you were......... 13:41:10 attend HOA meetings? no. not involved in community? no. work and family, you dont attend meetings or programs? no 13:41:26 your view at that point was mind your business and go to work to support your family? right and if there's a problem just call 911 13:41:47 community, there's a sign that says neighborhood watch? correct. somebody coming in to steal or hurt people would see that and think there's somebody there that might be watching them? people in the neighborhood would work together if there was a problem, not a forewarning for would be criminals 13:42:24 not like having a security alarm sign in the front yard but not having a system? not really. just if they see a problem to call 911? right 13:42:42 involved more communication, contact among neighbors with guidance as to what they should do if its suspicious with non-emergency number? I dont understand.... you didn't know specifics of watch? right 13:43:16 I know you said it was dark, I know you had a flash light and took two pictures that show martin lying on the ground following the shot.... 77 and 78..... could we.... show those here in a second, the exact position shown in the photo is the same way you saw martins body with your eyes? yes. legs spread like this as if riding a bicycle? I dont remember 13:44:33 took this photo of martin... see the legs I've described as almost riding a bicycle with right knee bent? yes. first observed his body that way? yes 13:45:04 illumination of martins body is from your flash light? yes. not the flash on the phone? no. shined the flashlight and took the photo? yes 13:45:22 around that spot where its darker... overall lighting conditions that night? yes 13:45:53 this is the next picture you took... the other picture you took is states 78, see that martins body is in same position, harder to see? yes. see this flashlight? right. not on when you saw it? no 13:46:23 no idea if it was connected to case but you saw it and it caught your attention? yes. 13:46:37 picture... martins body was like I said before... everything else was quite dark? right 13:46:54 were you... where were you standing? on the side walk. where you encountered zimmerman? yes. basically the same spot? yes. 13:47:12 turned and took the pictures we've shown here? yes. near T intersection? yes 13:47:56 best recollection is you were at the T intersection...? a few feet away, but in that area... 13:48:12 t intersection and far enough down side walk to take this picture? yes. back patio light is from the light of the second unit in from the corner? I couldn't remember whether that's the second or third unit... not across from you? correct. to the left of your unit? yes 13:49:39 orientation in the photo... see the lit area in back, believe that's the back of someone's unit... second or third? yes. 13:49:59 lower left corner, dark edge? yes. is that the sidewalk? yes. edge of the sidewalk on the left, illuminated flashlight that's off and martins body? yes. back patio area of that residence? yes 13:50:30 martins hands or arms tucked under him, saw what's in the picture? right... nothing different? right. saw in the picture? yes 13:50:51 woman that testified earlier... jeanne manalo, your wife? yes 13:51:20 when you took this picture, you were at the spot where you had encountered zimmerman? yes 13:51:34 ANY REDIRECT? REDIRECT 13:51:54 rionda: came into contact with defendant he appeared calm to you? yes. Objection! Leading! Asked and Answered. REDIRECT AND TRYING TO ORIENT THE WITNESS. OVERRULED 13:52:20 recall he was calm? yes. Objection! Mischaracterization OVERRULED 13:52:39 how would you describe his demeanor? coherent, compliant, he was calm... just walking toward me. any trouble? staggering.. what do you mean? getting up off the ground 13:53:10 like this! Objection! leading OVERRULED.. erect sir? at one point, yes. 13:53:24 have any trouble understanding him when he spoke? no 13:53:37 in your conversations did you ask about caliber of gun? yes. what did he say? 9 millimeter 13:54:06 asked about statements made about shooting the individual, were you out there during this? after it happened. see the shooting where zimmerman shot martin in chest? no. inkling on how it happened, self-defense or not? no. rionda: I have nothing else 13:55:24 west: nothing further, thank you 13:55:28 CALL NEXT WITNESS.... 13:56:25 (sworn in) 13:56:42 guy: name? ricardo ayala. employed where? Sanford pd... how long? 11 years. position? police officer. how long in patrol unit? just over a year. before that? investigations 13:57:15 how long in that? 6 years. duties? general and major crimes 13:57:26 prior law enforcement before Sanford? yes corrections. how long and where? 6 years, 5 in Seminole, 1 in lake 13:57:42 Sunday Feb. 26th 2012, working? yes. respond to scene of shooting at twin lakes? yes. dispatched there? yes 13:57:56 nature at first? suspicious person in area. recall time? just after 7pm 13:58:09 what area of town were you in? north end of city. how long to get there? less than 5 minutes. receive updates to first dispatch en route? yes. stated shots were fired. first on scene? no. who was? Tim smith 13:58:48 states 1, aerial of twin lakes? yes. 13:59:03 where main entrance is? right there 13:59:09 off of Oregon ave? yes. where you went when you got in and where you parked? came this way through the entrance went around a ways I believe and parked in this area here... upper right hand corner? yes 13:59:45 took long way around? yes I wasn't familiar with the area. see officer smith? yes. where? that general area right there... in the T 14:00:07 lighting like back there? very dim almost dark 14:00:13 using flashlight to find way in between? yes. weather? misty... raining on and off. what was officer smith doing? white male at gun point. zimmerman? yes. see him here? yes. stood up? yes 14:00:52 any interaction with defendant? no. why not? focused on male on ground. 14:01:03 male on ground, later to be martin? yes. go over to martins location? I walked towards it yet. how was it positioned? faced down hands underneath his body. first to approach martin? yes 14:01:29 dead or alive? I did not. his involvement at that point? no. commands to martin? yes. asked to see his hands? where were they? underneath him. lying on stomach? yes. respond to commands? no. 14:02:02 did you see any movement from martins body? I did not. hear sounds? I did not 14:02:13 did other officers approach you and martin while giving commands? sergeant ramondo. try to get pulse? sergeant ramondo did. able to get a pulse? no 14:02:40 did you or sergeant move body? yes... stomach to back? correct. to your knowledge move or disturb evidence when you rolled him over? no 14:03:09 did martin respond when you rolled body over? no sir.... after rolling over, see a gunshot wound? after he's moved around, yes. where? underneath he had a pin or button, underneath his button 14:03:39 gunshot wound was near that? right under button 14:03:46 how did you find the wound? move the sweater, button lift up... lifted up sweater and shit... exposing bare chest? yes. see gunshot round? yes 14:04:09 perform CPR? yes. training? yes. 14:04:20 ask anybody for anything while performing CPR? sergeant ramondo asking for plastic bag. someone provide? yes. describe, plastic? correct. color? I do not. who provided? I didn't not 14:04:53 continue to perform CPR? correct. see signs of life from body? no 14:05:03 your role in CPR? chest compressions. ramondos role? mouth to mouth. rescue respond? yes. take over the treatment after they arrived? yes 14:05:26 was martin pronounced dead on scene? yes. any further contact with this defendant after CPR with martin? no sir 14:05:41 investigators and crime scene respond when you were present? yes. take over scene? yes. any further involvement with case? no. that's all CROSS 14:06:09 O'Mara: heard on your way that officer smith had just arrived to the scene? as I was getting there, yeah he was just responding to the scene... right behind Tim smith to get there? yes. 14:06:37 estimate how fast after him you got there? less than 2 minutes... 14:06:50 so quick that officer still had zimmerman at gun point? yes. in a shots fired situation, protocol to take out weapon and control situation? correct. not to suggest danger from zimmerman, just what you do when shots are fired? yes. appropriate he did that here? correct 14:07:26 come up to me, how would you tell me or what would you tell to me to do? I want to see your hands. say that? yes sir. 14:07:45 if I had a cell phone, appropriate to go like this? no. drop it where it's at... why? to make sure you have nothing in your hands 14:08:10 take out your weapon as well? yes. dont know what's going on? no. can't see much? no. flash light in one hand and gun on the other? no flashlight is on gun... 14:08:34 you were protecting officer smith? correct. focus on this initially? correct. 14:08:47 realize that officer smith had that part of situation under control...? weapon out until.... having eyes on Zimmerman and trayvon at the same time, didn't know what was going on... as soon as he secured zimmerman and focused on trayvon to notice the threat 14:09:25 another person there? probably, only focused on officer and the interested parties 14:09:51 from your awareness of it, concerns with securing zimmerman? he got him secured and took him to vehicle and secured him there, he was gone, he was good. compliant? yes. did what was asked? yes. disobey? no. 14:10:26 look at his face? I didn't focus... quick glance? yes. notice blood? I can't tell you I did... 14:10:43 shift over to martin who was off to the left? yes. quite dark? yes sir. not able to see martins body but for your flash light? yeah 14:11:07 attempted to do what you could as first responder to deal with martin? correct 14:11:20 did not see... see zimmerman again in back of patrol car? no.. I didn't make contact with him after he was secured. moment? YES 14:11:39 no further. ANY REDIRECT 14:11:44 guy: complied with commands, holding him at gun point? yes 14:11:58 YOU MAY BE EXCUSED... CALL NEXT WITNESS. stacey livingston. 14:12:40 (sworn in) 14:12:58 guy: name? stacey livingston.. employed? Sanford fire department. how long? a little over 25 years. current position? firefighter emt. emt? emergency medical technician. firefighter and emt? yes. duties? anything from fire calls to medical calls or anything citizens call for 14:13:49 description of training and education for duties? certification of Florida fire fighter and emt, continuing education at work 14:14:09 February 26, 2012... working? yes. respond to shot at twin lakes? yes 14:14:23 where were you when dispatched? fire station 38. dispatched with others? yes. recall the time? I do not 14:14:41 approximately 7:20 in evening? yes. how long it took to arrive? it would be a guess 14:15:17 look at this document, is that your incident report from this event? yes. on that report, a time of dispatch? yes. what time? 19:2... 7:21 pm? yes. arrival time? 19:27. about 6 minutes later? yes 14:15:58 officers on scene? yes. directed to location of shooting victim? yes. learn to be martin? yes 14:16:12 were Sanford police officers present when you arrived? yes. doing? CPR 14:16:23 how was martins positioned when you got there? on his back. other Sanford personnel take over CPR when you arrived? took over assessing him, not CPR 14:16:45 check for pulse? yes. how? on his neck. find? no pulse 14:16:56 while treating. move clothing? yes. what? lifted his shirts. notice anything in his sweatshirt when you moved it? I wasn't sure at the time, I know what it is now. where? in front. what was it? felt like a can. what did you do? took it out and move to the right. examine? no. why not? not a concern, trying to get to patient 14:17:50 feel anything else? yes. what was that? a small bag when I moved the shirt it made a crinkly noise. do anything with the bag? no. in his sweater? I dont know, just felt it when I moved it up 14:18:19 see any injuries? yes. gunshot wound? yes 14:18:28 where? in his chest 14:18:33 what steps did you and other personnel take to assess martin? cardiac monitor. why? to assess heart rhythm. what was detected? incompatible to life. pronounced dead at scene? yes. does report indicate time he was pronounced dead? 19:30 14:19:21 just a few minutes after you arrived? yes. hear martin make any sounds? no. did you or anyone transport martins body from the scene? no. why not? not part of our job. deceased left for medical examiner's office? yes 14:19:56 other than taking can out, move or collect other items? no 14:20:09 states exhibit 20, recognize? yes. fair and accurate on how he appeared after pronounced dead? we had shirt up, but yes. states 25, accurate? yes. and states 80? yes. and states 28, what's depicted? gunshot wound. (Fulton turning away from screen) when his sweatshirts were pulled up? yes 14:21:04 see zimmerman in court this afternoon? yes. standing to my left? yes 14:21:19 where was he when you made contact? sitting in police car 14:21:29 met with him, talk to him? yes. appear to have difficulty understand? no. difficulty understanding him? no. memory problems? no. Objection! SUSTAIN. DISREGARD QUESTION AND ANSWER 14:22:08 glascoe scoring system? to determine response of patient... three sections., series of numbers ... command to pain. 14:22:45 what's the highest score they can get, most alert? 15. what was defendants score? 15. indicate to you? for eye response it was spontaneous, obeyed commands 14:23:17 observe injuries? yes. what? swollen, bleeding nose, lacerations to back of head. nose bleeding when you arrived? I dont believe it was actively bleeding, still moist. treat his nose? tried to clean up injuries to see them better to determine... 14:23:54 describe lacerations on the back? I recall two... approximately an inch long... were either of those bleeding? not actively, but had been. how did you treat? clean up a little to view injury better 14:24:24 at any point while treating, did he stand up? yes. trouble with balance? I dont believe so 14:24:36 how long were you treating him? maybe 5 minutes 14:24:45 transport from scene? no. why not? determined if he needed further treatment Sanford PD would take him. leave him in custody with police? yes. any further involvement with him? no 14:25:18 fair and accurate as he appeared in back? yes. states 76, fair and accurate of back of his head? yes. CROSS 14:25:43 O'Mara: afternoon. how are you 14:25:52 speaking about when you came in contact with my client, in back of patrol car? yes. 14:26:03 front picture... didn't do evaluation, did you... two other paramedics? what do you mean evaluation. to identify injuries, wasn't mike in lead? myself and kevin treated zimmerman. wasn't mike there as well? on scene 14:26:41 when you did evaluation, noticed nose was swollen? yes very swollen. 14:26:52 explain, we saw the picture.... fairly and accurately depict face and nose? yes. may have even wiped it a bit... before that picture? I dont know 14:27:49 tell me what you see there as far as his injuries? the bridge of nose is swollen... off to his right or nose? both sides swollen... left side swollen as well? the entire area 14:28:21 what is that on the bridge of nose toward right eye, that little red spot? small laceration. note that as well? I did not. 14:28:40 how does someone get a laceration like that? I dont know 14:28:47 consistent with getting struck by a fist? it could 14:28:56 consistent with fist strike to nose? very possibly 14:29:11 injuries to left forehead, markings up there? abrasion 14:29:24 how that may have been? I cannot 14:29:31 agree separate injury than nose injury? yes 14:29:39 on the tip of his nose? blood... still moist in process of drying? yes. coming from where? nose. inside? yes. indicate to you? 14:30:11 as best you can, describe how a shot to the nose would cause bleeding like that? blood vessels would initiate bleeding. exist up in nose? yes 14:30:30 blood that breaks or escapes when laying on your back.... that injury laying on back, where would blow go? you would swallow it... 14:30:53 swallowing own blood? right 14:31:07 injuries on back of head... that night the same way? yes. cleaned them off? I did. lacerations an inch long each? approximately. not actively bleeding when you saw them? no 14:31:38 concerns with head injury... medical condition that may happen because of those injuries? asked if he lost consciousness... if he felt dizzy 14:32:15 concerned to concussive injuries? correct. concussion when head hit that way? correct. brain injury from that? possibly. something to be aware of? yes. only as treating him? yes 14:32:45 reasonable in your opinion for someone to be concerned about their safety? repeat 14:32:58 someone who got those injuries should be concerned with medical safety? possibly 14:33:26 did... what is the normal procedure for head injuries and getting them x rayed? transported to medical facility to be x rayed. take to hospital? if they choose to go. who makes that decision? if patient is awake they make it 14:34:05 left to non-medical personnel? we discussed and said happy to transport him, if he was going to receive medical care, police would take him. 14:34:31 had it not been for police involvement, suggest to that person to get x rays? happy to transport, but up to them 14:34:49 moment? YES 14:35:23 able to get up ... stood up without trouble, able to stand? sitting sideways in police car... door open and feet were out... said he had been dizzy, we asked him to stand up and he was able to stand up... with assistance of officer smith and paramedics? I dont recall if he was hand cuffed behind his back... recall Tim smith helping him out of the car when complaining about being dizzy? I do not... if mike helped him out? I do not 14:36:31 focus on injuries, clean and evaluate? yes REDIRECT 14:36:40 guy: observations, both physical and mental capabilities... concern about brain injury? I wouldn't make that determination. ever complain of anything other than dizziness? not to me 14:37:06 ever lose consciousness? not while we were with him. did someone else about that prior to arrival? I believe so. what did he say? I dint ask, I dont know 14:37:28 measure lacerations? no. approx. an inch is a guess? yes. defer to someone who actually measured them? to be exact, yes 14:37:50 MAY SHE BE EXCUSED? CALL NEXT WITNESS.... Tim smith 14:38:37 (sworn in) 14:38:57 guy: name? officer timothy smith. employed? Sanford pd. since? 2008. 14:39:12 how long in patrol? 7 years 14:39:20 February 26 2012, working? yes. standard patrol uniform? yes. traveling? in my marked Sanford police vehicle. alone? alone 14:39:38 respond to dispatch? yes I did. approximate time? shortly after 7 pm 14:39:49 nature of dispatch? suspicious persons. where before? approximately a 1 mile and a half away. respond? a few minutes 14:40:18 receive update on route? yes. shots fired 14:40:25 address to respond to? yes. what address? 1231 twin trees 14:40:39 where when you received the update? entering gates of community. how did you get through the gate code? dispatch 14:41:05 states exhibit 2, aerial photo? yes. show jury the complex.... 14:41:28 your location when you received dispatch? right here... the route you took/ down Rinehart to Oregon to the front entrance here 14:41:50 states exhibit 1.. aerial of complex itself? yes 14:42:01 where you went first when you entered the complex? through the front gates her, down through here... this is twin trees 14:42:21 went first to 1231, update to location? 1231 was what I was originally given.... where did you go? given update from address on retreat view, behind that location... recall address given? 2821 retreat view. where did you go? down twin tress, to retreat view, address in this area 14:43:18 as you were en route, stop anywhere and observe things or use flash light? I did... where? in between sets of town homes. what did you do? used spot light to shine down walk way... inside the car. what did you see? toward end of walk way at least one person standing outside 14:43:59 anything more? not from where I was 14:44:05 continue around to address? yes 14:44:12 where you parked and what you did? roughly in this area, went around to the left to go in between the town homes... lighting conditions? dark 14:44:33 flashlight with you? yes. use that? I did... weather? raining. got behind townhomes, see anyone? I did. how many? at least two standing and one on ground 14:45:02 where they were that were standing up? in this area here... person on ground? in grassy area to left of sidewalk 14:45:25 shine flashlight on person on ground? yes. how positioned? face down. see their hands? no I could not 14:45:43 learn that to be martin? yes. approach at that time? I did not. why not? in contact with gentleman on side walk 14:45:58 states 5, general idea of lighting conditions? yes. states 77, recognize that? I do. accurate depictions of body? yes 14:46:23 contact with who was standing up to be zimmerman? yes. see him here today? yes. standing to left? yes he is 14:46:46 did defendant have trouble standing? no he did not. appear to have trouble balancing? no sir 14:46:58 say anything to defendant? I did. what? asked him if he saw what happened. he said he did. asked if the subject on ground had been shot, he responded he did and he was still armed 14:47:26 have trouble understanding your questions? no. trouble understanding answers? no. 14:47:49 still armed, what did you do? I took my weapon and he complied 14:48:04 where was his gun? right hip 14:48:11 handcuff? I did. in front of in back? back. why? policy 14:48:20 remove gun from person? yes. in holster? yes. take gun or gun and holster? gun and holster. where did you put it? on me because I was not near my vehicle... tucked in between magazine and vest 14:48:53 inside pants or outside when he showed to you? I dont. see gun when you approached? no. see holster when you approached? no 14:49:14 what did you do with defendant after hand cuffs? in patrol car... trouble walking? no 14:49:33 Sanford PD respond in short order? yes. who first after you? officer ayala 14:49:46 what did he do when he arrived? went to attend to martin 14:49:55 recall any other officers going to martins body? yes. who? sergeant ramondo 14:50:13 wearing gloves when you removed gun and holster? I was not. 14:50:21 handle fire arm in special way? no sir. why not? not enough time 14:50:38 secure firearm? I did. how? removed magazine from firearm and locked slide to rear 14:50:52 remove magazine, semi-automatic pistol.. .locked to rear, round in chamber? yes. what happened? ejected. collect it? I did. keep all together with firearm? yes. put them? in my vehicle until I got a gun box 14:51:27 what's that? cardboard box to secure evidence. 14:51:36 what did you do with the ammunition and holster? also admitted into evidence... turn those over to wife Diana smith? correct. also called to scene? correct 14:52:10 states 154, examine that... recognize contents? yes. that would be hand gun, holster and magazine I removed 14:52:35 case information your hand writing, etc.? yes 14:52:41 for the jury's sake, hold up fire arm.... holster..... and the magazine and rounds 14:53:06 all of this you turned over to Diana smith? yes. crime scene technician assigned to case? yes sir 14:53:28 was fire rescue dispatched? yes. respond to scene? yes. examine and treat defendant? yes. what injuries did you observe? bloody noise, lacerations to head and contusions 14:53:56 did another Sanford police officer take picture? yes. who? officer mike Wagner 14:54:08 aware civilian took photo of back of head? not at that time. before you arrived? yes sir 14:54:33 states exhibit 6, is that another depiction of lighting? yes. states 34, recognize? yes. approximate area you parked patrol car? yes. states 132, photo of the entrance of the retreat? yes. states 133, recognize that to be closer shot of front entrance? yes. states 134, shot going into complex with clubhouse in the right? yes. states 135, what's that? front of club house. states 136, recognize? mail box kiosk 14:55:42 states 137, close up of mail box? yes sir 14:55:50 states 138, depiction of rear gate? yes it is 14:56:00 states 79, recognize? yes. the photo Wagner took of defendant? yes 14:56:11 states 76, depict defendants head or close to it? yes. 14:56:30 recall what defendant was wearing? red and black jacket and blue jeans 14:56:41 first made contact, jacket pushed up in any way? I dont believe so. tears in his jacket? no. what did you notice? the back of it was wetter than the front of it... covered in grass 14:57:14 condition of his pants? vaguely. blue jeans? yes sir. anything else? the back was wetter than the front 14:57:29 after rescue clean defendant, what did you do? transported to station. why? to be interviewed by criminal division. how long did trip take? roughly 15 minutes 14:57:56 while you were making transport did defendant say anything about injuries? felt he was light headed. what did you do? forward opportunity to go to hospital. asked him if he wanted to go... he said he wasn't sure what he should do... decided he didn't want to go to hospital 14:58:41 en route with defendant did he faint? no. arriving at the station, any injuries? no. park where? sally port 14:59:11 remove defendant from car, any trouble bouncing or walking? yes. still handcuffed? yes sir 14:59:26 walk with you inside station? yes sir. still handcuffed? yes sir. trouble walking throughout the station? no sir 14:59:39 are portions of interior surveyed by video cameras? yes. defendant arriving at station video? yes. fairly and accurately depict? yes. after he got out of car.. any blood in car? no sir 15:00:18 where did you take defendant after station? interview room 15:00:37 stats 192... composite. ANY OBJECTION? O'Mara: moment with council. 15:00:59 GOOD MINUTE FOR RECESS?... 15 MINUTE RECESS =================== 15:16:38 PLEASE BE SEATED 15:17:10 (zimmerman walking back in) READY TO BRING JURY BACK IN? yes. yes. 15:18:56 PLEASE BE SEATED. YOU MAY CONTINUE 15:19:04 guy: publish states 192 (playing the police surveillance video)... inside the sally port area? yes. that your patrol car pulling in? yes it is... is that you that just got out? yes sir 15:21:18 accurate depiction as he got out? yes. 15:21:39 (playing police video of the halls) you and defendant walking through? yes. 15:22:02 (playing another clip) again you and defendant walking through another portion? yes 15:22:25 take into interview room? yes. anyone in there? no. uncuff defendant? yes. offer a drink? yes. stay in with him? no. where did you go? rooms monitor by one way glass. see defendant? yes. watch until someone arrived to speak with him? yes. how long? 30-40 minutes 15:23:06 watching defendant did he lose consciousness? no. fall out of chair? no 15:23:20 anything that caused concern with health? no. who was it that arrived? investigator 15:23:37 where were you when they were speaking? one way glass.. hear it? not enough to make it out 15:23:51 that's all I have CROSS 15:24:01 O'Mara: afternoon 15:24:07 how long an officer? since 2005. training? attended law enforcement academy. how long? 700 hours 15:24:23 taken any other courses community college? attended Seminole state college 15:24:35 what type of courses? general education. focus on criminal justice? not at Seminole state, no sir 15:24:50 how long did you want to be a cop? since I was little. life goal? yes. why? enjoy helping and educating 15:25:07 protect and serve, goal of yours? yes sir. noble goal? yes. enjoy it? yes sir 15:25:23 can't enjoy when you get a shots fired called, concerning? yes sir. 15:25:32 radio and get call of disturbance? suspicious person. shots fired? yes. what do you do then? you wait for a little more information, officer safety issue 15:26:06 came in did the circle and were able to shine a light down that alley way toward the event? yes. noticed one person to the end? yes. tell who it was? no 15:26:30 pull up car, get out and take out... how do you equip yourself? due to lighting I grabbed a flash light 15:26:48 another officer had flashlight on gun? yes... but I used an actual standard flash light 15:27:03 heading over toward the scene, know that was the scene it occurred? no sir I did not... came up on scene, did you take out revolver? not at that point 15:27:23 see what? zimmerman on sidewalk, somebody with him, and trayvon lying in grass 15:27:35 walkway that you were on..? sidewalk makes a t 15:27:45 where near the T or how far down from the T? came around side of building top of T, 30 ft. from intersection 15:28:02 close by to martins body? yes. within feet? yes. what was zimmerman doing? standing on side walk. look toward you coming at him? yes. anyone else present? may have been, not sure 15:28:31 flash light on zimmerman? yes. could you tell his clothes? yes 15:28:40 see injuries to his nose? yes 15:28:49 similar as to the picture we saw? yes. more at that point? correct. eyes were watered? yes 15:29:04 both eyes? correct 15:29:08 what did you say to him? asked if he seen what happened. he said yes. appropriate, anything wrong with response? no. he saw that he shot and he was still armed 15:29:36 response at that point? at that point is when I unholstered my service weapon. take it out? yes. protocol? yes 15:29:59 pointed at him? yes. appropriate? yes. not pointed because of immediate threat he proposed to you? no. he was completely cooperative? yes 15:30:22 on him to take care of situation? yes sir. 15:30:28 what did you next ask him? telling he was armed.... 15:30:44 gun on his right hip, so this jacket is longer but if we flipped it up? hands going up and leaning over.... gun was exposed? correct. jacket didn't cover gun by more than a few inches? I dont think so 15:31:20 small movement exposed gun? correct. 15:31:35 if he had a cell phone in hand or not? I dont recall... 15:31:45 kept hands in air? yes. what do you do at that point? I asked zimmerman to put hands on top his hand and interlock his fingers, holster again and secure his hands. protocol? choice 15:32:15 resist? no. turn him around or go behind him? I was behind him... take one get it back and then the other one? correct. 15:32:37 what percentage offer resistance? Object! Relevance of anyone else SUSTAINED 15:32:53 have you had others resist? Object! Same! Rephrase it 15:33:04 did zimmerman offer any response to you cuffing him? resistance? no 15:33:20 complied with that command immediately? yes. and completely? yes 15:33:33 secured... able to secure fire arm? yes. at that point your focus even more saw than others involved is to secure fire arm? correct. just grabbed the gun, in perfect world would have gloves... necessary for circumstances? yes 15:34:13 at that point, is your first contact to zimmerman, seem angry? no. seem frustrated? no. see spiteful of anything going on? no. ill will or hatred at all? no 15:34:40 any concern about him at all except his injuries? no sir 15:34:48 even though he had obvious injury to nose, any to back of head? while securing him, yes... see blood dripping down back of head? correct. with those, seem agitated? no 15:35:12 testimony that he was seemingly calm? yes. having just gone through what he went through and shot somebody, did his behavior seem strange? no. usual? I wouldn't say usual 15:35:44 was it particularly unusual? no. even for circumstances? no sir 15:35:54 didn't think he was... come across as being cavalier? no. uncaring? no. fairly appropriate for what he had gone through? correct 15:36:13 secure gun and then? had zimmerman have seat in rear of patrol car 15:36:24 walk over... another officer? yes ayala 15:36:47 ayala took over other person? yes. 15:36:53 as you were going, anything else you recall zimmerman saying? not before... 15:37:05 walking toward car, utter to you something? he was yelling for help and that nobody would come help him. 15:37:28 a few minutes... as long as it took what we just talked about? correct 15:37:37 secured gun, walked toward car? yes. during that walk, almost immediately that he uttered to you? not very long. said to you twice? correct. after you got to car? correct 15:38:02 how he said that? almost a confusion.... confused look on his face 15:38:20 like he didn't know why nobody would come help him? Object! SUSTAINED 15:38:32 he was confused? correct 15:38:44 testified about condition.... also said back of jacket was wet... raining on and off that evening.. was back more wet than rest of body? yes. as if lying on grass? that's right 15:39:16 piece of grass on back? yes 15:39:23 blue jeans, back were wet as well? a little bit darker.... he had been laying on his back... and jeans were wet as well 15:39:57 stayed with him the entire time? yes. there when medical treated? I was 15:40:11 did he say anything about facts of the case to medical personnel? no sir 15:40:22 first arrested him, retain him... ask for lawyer? no. ever ask for one? no sir 15:40:37 car medical personnel deal with him, waiting for them to finish so you could transport him? correct. mainly reason for waiting around? wait to see if they decide to transport or not 15:41:03 how is that accomplished? through paramedics. crowd of paramedics 15:41:21 in the back of your car, legs out and paramedics attending? correct. which paramedic made decision to transport or not? I dont 15:41:41 impact on that? no 15:41:48 left in their hands? yes sir 15:41:52 released to you? correct. put him in back seat of car.... help him get up out of the car.... still cuffed.... he's acknowledged having shot somebody not going to release just yet? correct 15:42:34 medical personnel wanted him lifted up, help lift up? no. if another helped? I dont recall. maybe two paramedics lifted him up. do you remember that happening? I remember him standing up... dont know who helped him 15:43:07 conversation about feeling light headed? light headed and had headache... consistent with injuries? yes. call over to Sanford PD to figure out what to do with him? I called a supervisor who was on scene... who? sergeant McCoy. conversation? explained his comment and she said if he wanted to go to hospital take him there. 15:43:54 discussion with zimmerman, expenses of hospital would be on his shoulders... I dont recall that 15:44:06 doesn't cover expense if he goes? I dont think so 15:44:14 seen pictures.... after cleaned up? correct. pictures taken after midnight? I dont know what time, but after 15:44:31 after initial interview? correct 15:44:39 who cleaned him up? at the station given water and tissues. to clean himself? correct 15:44:54 first with blood to the one where blood was gone? fire department on scene and at the station 15:45:14 ever a time at Sanford PD where there was any other videotaping of him? not that I'm aware of, no sir 15:45:29 ever a time where he needed physical assistance, leaning against wall? no sir 15:45:49 watched him for 30-40 minutes before they talked to him? correct. watched that interrogation or interview? yes. was he cooperative? appeared to be. lawyer there? I dont know. had he asked for one interview would've stopped? correct. moment? YES REDIRECT 15:46:54 asked if when you came into contact he seemed to be angry or frustrated and he was not? correct. 15:47:07 do you know what was going on in his head when he shot martin? Object! Speculation SUSTAINED 15:47:23 what was going on in his head? Object SUSTAINED 15:47:38 fire arm visible like this? yes. fire arm visible near martins location in that lighting? I dont know 15:47:54 offered defendant tissue? yes. did anyone else clean at the station? not that I saw 15:48:08 publish one more photograph 15:48:27 states 46, is that fair and accurate of defendant at police after cleaned up? yes sir... evening on 26th? yes sir RECROSS 15:48:55 suggested maneuvering, lifted up left arm, you testified the gun was on right side? correct. 15:49:12 no question in your mind the gun was located on right hip? no I dont 15:49:21 left arm was just a mistake? correct 15:49:28 MAY OFFICER SMITH BE EXCUSED?...CALL NEXT WITNESS..... lindzee folgate 15:50:44 (sworn in) 15:51:34 rionda: name? lindzee folgate. occupation? physician. employed? Altamonte family practice 15:51:59 education? physician assistant. I underwent 4 years in undergrad, 2 yrs. at UF for masters. when? June 2006 to June 2008 15:52:33 was in physician assistant studies? correct. certified in Florida? yes 15:52:44 explain what you do? physician assistant, master's degree different than nurse... medical model, purpose is to have direct patient contact. different than doctor? physician is 4 years and then a residency... 2 year program didactic school.. and then clinical 15:53:36 able to do everything a doctor does except? cannot sign off on controlled substances 15:53:52 own patients? I do. how long at Altamonte family practice? April 2011 15:54:11 come into our office... paperwork... insurance verified... chart taken back... medical assistant gets chart and gets basic note of why they were being seen 15:54:48 involved with patient? yes 15:54:52 patient of zimmerman? he was. see him here today? I do. person who stood up? yes 15:55:13 first contact was on august 19, 2011? correct 15:55:22 dealing with him first time history obtained? yes. review information to make sure you document everything? yes 15:55:51 introduce at this time, states exhibit 195... august 19th 2011....O'Mara: approach on that? (sidebar) 15:58:46 MATTER OUTSIDE YOUR PRESENCE, NOTEPADS FACE DOWN.. FOLLOW TO JURY ROOM 16:00:16 (witness leaving court room) 16:00:31 DISCUSSING STATES EXHIBIT 195.. OBJECTION IS TO RELEVANCE OF CERTAIN PORTIONS 16:00:45 O'Mara: testify what she remembers, medical records to recollect... shouldn't be admitted though.... if in fact they are allowed, redacted more severely... only ones not redacted are the injuries and exercising... short of that I dont think any other words, comments, or history would be relevant or admissible 16:01:48 rionda: august 19th treatment of this defendant, establish.... ok with testify but doesn't want it to come in... O'Mara: one sentence....... relevancy tot his case... two sentences they.... 16:02:46 COME UP TO BENCH AND WE CAN GO OVER THESE PAGE BY PAGE.... (sidebar) 16:26:53 GET MS. FOLGATE BACK IN THE COURT ROOM... 16:31:24 BRING THE JURY IN.... 16:32:31 PLEASE BE SEATED... CONTINUE RIONDA 16:32:39 you having zimmerman as prior patient, august 19th 2011? correct. 16:32:57 part of your contact, history? correct. 16:33:05 obtain history spoke to him? yes, come with history so we know what it may be. 16:33:23 states 195... recognize that exhibit? yes. 16:33:37 highlighted certain parts I want to ask about.... 16:33:46 that record indicates patient of yours... George m zimmerman, race white? yes 16:33:59 date august 19th 2011? yes 16:34:10 first highlighted part? seen in office to establish care, refer from insurance provider. difficulty with falling and maintaining sleep, started MMA and that didn't help 16:34:55 highlighted in yellow? patient here to establish care... list of insurance providers 16:35:22 September 23rd 2011... states exhibit 196? yes 16:35:43 treatment... contact again that day? correct. 16:35:57 on that day also... gathered George m zimmerman, male, white, sept 2011? yes. social history, exercise? Mixed Martial Arts 3 days per week 16:36:46 states exhibit 194... seen him on February 27th 2012? correct. 16:37:25 exhibit in front of you? correct. reference on pg. 2 stuff that's scratched out... dont read that 16:37:43 dealt with him on that day at what time? 11:02 am 16:37:52 recall specifically meeting with him? I do remember that day yes. see him in terms of treating him? correct 16:38:18 moment? YES 16:38:28 on that date when you treated him, did you... history obtained for what he was there for? yes. same? noted on the notes and then discuss him concerns 16:38:47 history taken by medical assistant? exactly 16:38:58 the way you would've dealt with him.... print out of combined records... start at beginning... first contact what did you deal with? on this visit? yes... February 27th 2012 11:02 am 16:39:31 the patient brought back to room, vitals and history... review that, enter room we discuss his complaints he was there for 16:39:51 vital signs first? yes. then patient is here for...? correct 16:40:04 page 2 of those records... here for what? a return note for work... in fight 2-26... punched in nose, two lacerations, 911 was called and EMT said patients nose was broken. telling medical assistant? correct. fight on Feb. 26th 2012, punched in nose, two lacerations in back of head.. EMT said nose was broken? correct 16:41:04 reviewed that and had contact with him? correct. history of present illness? that's where I would begin 16:41:20 talked to him and he tells you ailment and you treat it? correct 16:41:28 what he tells you? talking during that time .... involved in altercations, assaulted, head hit in pavement... weapon and fired at attacker killing him... evaluated by EMS at scene, lacerations clean... denies being taken to hospital.. returns to work and they said he needed a note to return 16:42:17 statements as to what happened and why he's there? correct. nasal pain? correct. 16:42:34 tells you history and you diagnose? ask questions which we clarify.. review of systems, confirm or deny symptoms... then determine 16:43:04 review of symptoms? asked if he had headaches, slurred speech, vision, vomiting, abdominal pain.... review any other symptoms that may have been involved 16:43:40 denied HA? headache. change in VA? visual acuity. denied slurred speech? talking any more abnormal than normally. denied dizziness? off balance. gate abnormality? walking fine... walking as if you were drunk or staggering 16:44:33 admits to occasional nausea when reflecting on that night, no abdominal pain.... not from abdominal, more psychological 16:45:08 the SI joint... tenderness on left side since altercation 16:45:21 denies numbness? follow up question on anyone with SI joint tenderness... 16:45:39 drop down on computer,... denies fever and chills? correct. 16:45:57 ears, nose, mouth throat? nose pain, but no hearing loss or ringing in ears. 16:46:11 significance? trauma he sustained would there be any significant complaints 16:46:39 cardiovascular? denies abnormal irregular heartbeats... denies shortness of breath 16:47:10 admits skin lacerations... admits to head trauma based on story, but denies other head occurrences... admits to stress, but not suicide.... 16:47:45 significance? more concerning or lead me to down another line of questioning 16:48:00 no concerns in terms of not losing consciousness, no problem concentration or weakness or headaches? correct 16:48:18 complained of those, what steps? based on physical exam and take those into considerations 16:48:37 at this point, no concern regarding that? less concern based on what he's telling me 16:48:51 next to physical exam 16:48:54 cover that? first part is general appearance... no acute distress.... physical shortness of breath... obese, height and weight. 16:49:23 height and weight? 5'7.5" 204 lbs. 16:49:42 obese... based on? body mass index... 16:49:55 next sentence there? alert and oriented, appears stated age... take that into account given head trauma 16:50:15 head... symmetric... two scalp lacerations 16:50:34 significance of measurement? the significant means two cut to back part of head.. measured to have documented 16:51:04 two centimeters and .5 centimeters? yes. 2 cm is this big and 0.5 is much smaller 16:51:27 review of those lacerations, anything additional needed to be done? based on how well skin is approximated and how deep... based off of approximation, no sutures necessary 16:51:57 laceration vs. cut? laceration is basically a proper term for cut 16:52:08 not deep enough for stitches? correct 16:52:18 skin edges were approximated well? correct 16:52:27 eyes? pupils are equal round and reactive to light... normal movement in each direction 16:52:49 the white parts of eyes... no injection, but noted he had bilateral black eyes... skin discoloration to bottom portion of eyes 16:53:12 any other trauma to head? I did not at the time, I did not recall 16:53:24 ears nose mouth and throat? folds between nose and mouth... swelling and bruising... no evidence of sepal deviation, no bleeding in nose, no blood behind ear drums, no evidence of tonsils 16:54:10 septal deviation? alignment of nose... straight? correct. damaged? not on visual inspection, no 16:54:32 everything else seemed normal? correct 16:54:37 tender left SI? correct. about that? space located in the center of your butt 16:54:56 gave him medicine for complaint he had? yes. Lowdean, anti emphlamatory 16:55:16 bandages? one covering them. remove to see them? correct 16:55:28 he said EMT told him it was broken? what I was told... nose broken on your examination? likely, hard to say definitely no x rays though.... broken nose could be made clinically as well and that's the black eyes we saw 16:56:02 it is or isn't or you dont know? can't say definitively, but clinically appearing yes 16:56:47 plan decision making process? yes... 16:56:57 scalp lacerations, no sutures needed? nope. no stitches 16:57:08 broke nose, likely but not appear to have septal deviation? correct 16:57:22 your there, recommend something about broken nose? he see an ENT specialist. told me at the time he was not going to go to ENT 16:57:54 regarding SI joint pen, suggestions? lowdean, heat, ice and massage 16:58:18 seen him 3 times and other times... prior occasion of back pain, recall? yes. treat him? related to constipation 16:58:39 moment? YES YOU MAY 16:58:49 laceration to head, two of them... how do those bleed in distinguishing a cut from somewhere else... head bleeds more? scalp is very vascular.. scalp laceration can bleed more than other parts of body 16:59:23 if they dont have hair? less noticeable because there would be hair blocking that area 16:59:39 cushion or not notice? possibly both... mixed up with hair CROSS 17:01:13 O'Mara: good afternoon 17:01:21 patient for a while before event? correct 17:01:27 start with last question, did not have back pain caused by back injury before event? no. internal back pain? yes 17:02:02 focus then on that night... 17:02:20 is this close to how presented to you that day? from what I recall similar 17:02:38 this was taken night before, maybe 12 hours before you saw him... pretty similar? fairly similar 17:03:04 seen this before? I have not. 17:03:09 if this person presented himself to you... looking like this, what would you have done? we would've cleaned the wounds to better evaluate process 17:03:33 look at this photo instead of other one, focus attention to nose area? Objection! Relevancy and Speculation. LET ME HEAR THE REST OF THE QUESTION 17:03:58 swelling gone down since this picture? decreased slightly 17:04:09 four hours difference between this picture and that picture... normal receding of swelling? depends on what he's using to keep swelling down 17:04:29 injury of this significance to look like that 5 hours later? yes it could 17:04:43 in this picture the nose is in fact more swollen that that one? appears to be... body naturally tries to take care of itself... 17:05:08 body recovering... depends on what your using.. 17:05:17 may look as though it's a bone protrusion, not actually a bone protruding out there? unlikely.... 17:05:34 swells up at point of injury? it does, it can... because of trauma of hit? it can 17:05:48 body swells up in area of trauma? reacting to something that happened, blood rush, more fluid under skin... 17:06:10 lymph fluid and white blood cells? they can... 17:06:20 bleeding happening indicates broken blood vessels? it can.. likely bleeding in the nares if you see it coming down the nose 17:06:48 gravity will pull it down... on back? swallow down throat 17:07:01 as it goes back down the sinuses, goes into back of throat? it can... swallowing your own blood? you can 17:07:22 swelling that we spoke about is initial reaction to trauma... last only a few hours? depends on level of trauma and patient 17:07:38 diminish that the body was traumatized? no... 17:07:48 natural reaction to begin healing immediately? correct 17:07:58 cleaned up after blood was removed 17:08:13 larger laceration here? appears to be, but blood surrounding area... clean it up its better 17:08:29 seen this before? I have not. 17:08:36 would the scalp bleed in fashion like this? it can... scalp is vascular... bleed down back like that? gravity 17:09:02 other picture of zimmerman that night... 17:09:15 see that photo? I can. note additional areas or swelling that you didn't notice on physical evaluation? anything in this area of swelling? swelling there that I can see 17:09:46 resolve itself between the 12 hours you saw him? could have yes 17:09:56 misshapen area? yes... scalp hematomas... how does that occur? trauma to head, collection of blood or fluid there 17:10:26 smash my head here, cause blood of lymph system? yes. similar to nose, go there do its job and recede? correct... that's what caused it here/ it could 17:10:58 what is the potential outcome from head trauma like that? depends on physical exam of patient... any sort of head trauma can result in internal injury, bleeding into brain 17:11:28 that may be not have external notice correct? an epidural or subdural would be below the skull... hematoma is outside the skull between the skin 17:12:13 can have injuries like this cause that? not those lacerations, but trauma 17:12:36 skull smashed on concrete sufficient enough to get that injury... cause subdural epidural? could depending on impact 17:13:02 below the skull where the brain is? correct 17:13:08 reason you do what you do to make sure he can focus eyes and speak... may be brain injury? correct 17:13:23 charge is to rule out possibility, but agree it exists with injury like this? it can, yes 17:13:38 see the swelling again? correct 17:13:59 see that injury or occurrence up there? abrasion of scalp 17:14:11 call that punk tate bruising? can be, depends on surface... abrasion is thick layer coming off... punk tate injuries are blood vessels small capillary injuries... way to occur is flat concrete? it could... if hit on concrete the rough surface could've caused that... consistent with concrete? can be, with other surfaces as well 17:15:17 come to you and say he had that injury because of concrete? Objection! Speculation SHES ALREADY TESTIFIED TO THAT 17:15:40 injury there? I dont recall. what is that? scratch or abrasion of skin 17:16:00 look up here at that injury there? swelling there... another bruise? hard to tell if its discolored, does appear to be swelling. bump on head? correct. come from hitting head on any surface or being struck by something 17:16:39 punk tate? I can see that. 17:17:05 do you see this area right there of swelling? hard to tell from side view. see this here? Objection! Leading! SUSTAINED 17:17:34 see anything in this area that I'm circling? abrasion there 17:17:46 consistent with head being hit on concrete? it can be consistent with that 17:18:02 abrasion you identified earlier? appears to be.... going back, area of swelling? does appear to be swelling, take into account of physical exam 17:18:31 may well have resolved itself in 12 hours before? it could potentially have 17:18:44 this area above his left eye? slightly shaded, possibly another abrasion... lacerations here? I can see those yes 17:19:05 area with misshapen skull? appears to be yes 17:19:17 look at this side, right side of skull... here? swelling with abrasions noted before... here? additional abrasions. come from own strike upon something? hard to determine. one up here? difficult to determine... better view of misshapen area from this perspective? better of skull itself 17:20:17 testified to these areas and bruising up here? correct 17:20:39 close up of area of lacerations... describe what you see here, additional areas around lacerations... consistent with trauma 17:21:01 caused laceration and compression injury? could cause the swelling 17:21:15 consistent with concrete? could be.. yes 17:21:20 head hit on concrete, consistent with injuries? I would 17:21:41 report itself, rionda went over... high points on it... his vital signs, 130/80? correct. concern for 28 yr. old? slightly high, never had a problem before... not a good high blood pressure? 180/20 or less, but not a concern at 130... pulse high 17:22:32 evidencing what? stress, trauma, heart... cardiac condition 17:22:48 not in top shape? not where we like it to be. BMI? 31.48... clinically obese? correct... not healthy? correct. not athletic? not at ideal range of standards 17:23:24 gone through injuries, SI injury... consistent with falling on back or butt? it can't be... SI is? sychro iliad. at base of spine? where each side of buttox are... one on each side. SI through trauma or fall, improper stretching technique or athletic performance 17:24:24 hit in nose by attacker? correct. consistent with these injuries? that would be 17:24:36 SI injury consistent with being thrown on ground to back? it would be. 17:24:50 only way to really identify if nose is broke is with x ray? definitive way 17:25:03 easier to be conclusive if you saw septal deviation? clinically, could possibly be more definitive answer 17:25:21 break? correct... need to have x ray for accomplish? correct. refer to ENT? correct. to document what you couldn't? correct 17:25:48 wasn't going because of high deductible on insurance policy? I dont remember a conversation about cost 17:26:01 conversation about cost? I dont recall... may have had in conversation, but I dont recall 17:26:17 needed to see ENT for nose injury, better than cleaned up picture? correct 17:26:44 also suggested that he should get psycho consult? correct. why? already seeing one and if you go through ordeal he told me I would recommend anybody see a psychologist 17:27:13 make certain you would document injuries with being attacked? I dont recall.. reporting as they exist? yes. not looking for medical reason for injury? did not appear that way. document by your evaluation and the injuries existed? they did 17:27:49 psychological concern existed as well? yes, for anybody who was concern with that 17:28:03 supported by injuries he showed to you? supported by that 17:28:17 didn't note in the cleaned up picture any black eyes? I didn't notice them from picture 17:28:32 as the body begins to heal, rushes to area of trauma and recedes... timeline on eyes to go black? more apparent on later date... swelling and then swelling recedes and then black eyes 17:29:01 residual blood that escaped capillaries in the soft pockets? correct. no black eye a moment or two after punch in nose? not that quickly 17:29:22 consistent that when you saw him at 11 am his eyes would be blacken? could be... consistent with what I saw in my exam 17:29:52 was he trying to make up or document significant injuries and you said he wasn't? not from my impression. minimize injuries and get it behind him? I dont recall that per say that certain effect 17:30:47 bandage, appropriate for that injury? fine given that scalp lacerations weren't that deep 17:31:07 didn't look at that and wonder why would someone put bandage on injury? no... appropriate to keep them covered 17:31:30 make sense as nursing student to cover an open wound? Objection Speculation! SUSTAINED 17:31:47 saw those wounds, would you clean and put bandages? if the patient wanted a bandage, no problem to keep debris out of area 17:32:07 talked about what happens when you fall down... I may not get as injured because I have hair opposed to someone who does? depends on thickness on hair, not any less injured with having or not having hair 17:32:41 injuries are what they are? yes. inflicted those injuries knew how much hair was on body? Objection! SUSTAINED 17:33:01 asked zimmerman if he cut his hair in past 14 hours? no. 17:33:12 moment? YES REDIRECT 17:33:42 O'Mara: shape of the head, we all think head is perfectly shaped? not always true 17:33:59 everybody's head shaped is different, dont notice because they have hair on their head 17:34:13 bump may be preexisting? correct 17:34:31 those were all stuff that occurred the night before? hard to determine based on photo... would take physical exam as well 17:34:50 my point is, you saw him as a live person... looked at head? yes. you didn't glance, actually looked? yes. only saw two lacerations? that's all I noted... didn't notice this trauma? didn't document, but I dont recall any swelling. 17:35:30 note any swelling? those were the only two I noted 17:35:39 all trauma caused... cleaned up by the time he saw you? swelling was minimized... took an aspirin or two or natural? depends... natural or things you are using 17:36:07 not severe trauma? two scalp lacerations and I'm basing that on his complaints when he came in 17:36:28 only noticed those two lacerations? things I was looking for most because that's what we discussed personally 17:36:44 dizziness and consciousness, ruled out? based on what he tells me and my exam. ruled out? he was neurological in tact 17:37:11 brain injuries? doesn't mean he didn't, but doesn't mean he did 17:37:33 wasn't complaining of trauma? just the lacerations and his head being struck against the ground... looking at based on physical exam everything was intact... didn't order additional testing 17:38:02 also mentioned the signs to look for, didn't acquire additional testing 17:38:18 minor cleaning? cleaning to the area and then again dont know definitive answer to nasal area... recommended to go to ENT and he wasn't going? correct 17:38:42 didn't have insurance, dont recall that? I dont recall that discussion 17:38:55 notated... records Feb. 27th he came in for note for work? correct 17:39:10 didn't come in with head injuries, can't walk or function? concern was needed to return to work 17:39:29 psychological, already seeing one? yes 17:39:57 going back to august 19th 2011, first contact with him? correct. exercise routine? correct. MMA? correct. Objection! Outside scope SUSTAINED NOT BROUGHT UP IN CROSS. rionda: approach the bench? YES YOU MAY 17:42:08 rionda: zimmerman talked about MMA 3 days a week and 3 hours a day? correct 17:42:37 what kind of symptoms would you expect from gunshot? Object! SUSTAINED. nothing further RECROSS 17:43:06 O'Mara: he said aerobics? that's written on sheet, but I talked to him in the office... when I asked which aerobics he said mixed martial arts 17:43:36 agree that whatever he did to stop the attack, allowed him to survive it? could have potentially 17:43:52 stopping allowed him to survive? it could have RE-RE-DIRECT 17:43:59 rionda: speculation on your part? I wasn't there, I dont know exact trauma 17:44:13 YOU ARE EXCUSED. RECESS FOR EVENING AND WEEKEND.... ADVISE YOU NOT TO DISCUSS WITH OTHERS. NOT TO READ OR LISTEN TO REPORTS. NOT TO USE ANY TYPE OF ELECTRONIC DEVICE. NOT TO READ OR CREATE TEXT MESSAGES SOCIAL MEDIA. ASSURANCE? yes. HAVE A GREAT WEEKEND 17:45:32 PLEASE BE SEATED. ANYTHING WE NEED TO TALK ABOUT BEFORE RECESS... O'Mara: your honor we...... (attorneys speaking with each other) 17:46:36 I NEED TO MAKE SURE 194, 195, 196 WILL BE HANDED TO COURT. 17:47:11 ANYTHING ELSE? O'Mara: might need court intervention for a couple minutes, give alternatives and come back at 9... COME BACK AT 8:30 MONDAY MORNING AND THEN AN EXTRA HALF HOUR TO SET UP... yes. yes. BACK AT 8:30 ON MONDAY. COURT IN RECESS THANK YOU George Zimmerman's defense attorney insisted during several testy exchanges with a key prosecution witness Thursday that Trayvon Martin injected race into his confrontation with the neighborhood watch volunteer and insinuated the young woman was not believable because of inconsistencies in her story. However, 19-year-old Rachel Jeantel stood firm in her testimony that Martin was the victim of an attack by Zimmerman. Another witness, Selma Mora, testified through a translator that she saw a person in red on top during the scuffle at one point. Zimmerman was wearing a red jacket that night. Mora says she asked person on the bottom, "what's going on?," but got no response. Zimmerman's defense has said that Martin was on top of him, punching him and smashing his head on the concrete.

INT BROLL GEORGE ZIMMERMAN TRAYVON MARTIN TRIAL / SWITCHED POOL FEED KATIE HUBER LOG **NOTE: JUDGE'S COMMENTS IN CAPS **NAMES OF WITNESSES IN RED **VISUAL DESCRIPTIONS IN (PARENTHESES) **GOOD STATEMENTS/VIDEO BOLD 8:56:29 (zimmerman walking in.... blue jacket, khaki pants, white shirt, yellow tie) 9:01:18 PLEASE BE SEATED. GOOD MORNING.. ON RECORD. STATE VS ZIMMERMAN. READY TO BRING JURY IN? rionda: may we approach? YES (sidebar) 9:03:09 (martin family) 9:05:36 TELL THEM TO WAIT ONE SECOND WE WANT TO WAIT ON THE AVAILABILITY OF A WITNESS...... OK WE CAN BRING THEM IN 9:06:15 GOOD MORNING LADIES AND GENTLEMAN. PLEASE BE SEATED. WELCOME BACK. QUESTIONS: CONVERSATIONS WITH EACHOTHER ABOUT THE CASE? NO HANDS RAISED. READ OR LISTEN TO REPORTS? NO HANDS RAISED. USE ELECTRONIC DEVICE FOR RESEARCH? NO HANDS RAISED. CREATE SOCIAL MEDIA? NO HANDS RAISED. MR MANTEI CALL WITNESS....... greg mckinney 9:07:40 (sworn in) 9:08:00 mantei: name? greg mckinney... work for united security alliance... video surveillance, IT department. how long? over a yr and a half 9:08:31 do what? cameras out there to monitor and card system to get in. based where? Tampa, fl. monitor video outside of Tampa? yes. retreat at twin lakes? yes 9:09:13 states exhibit 185... review and download video surveillance? yes. remotely? yes. connect over internet to the DVRs on site and view them and download them. 9:09:43 an incident on 2-26-12? yes. 9:09:54 states exhibit 1, the clubhouse layout? yes. how many cameras does your company monitor? 9. located at the front gate? yes. what did we learn about them? not functioning, a mower hit the cables 9:10:39 as far as the videos from clubhouse, able to download all known video surveillance from the period of time that day? yes. depicted in 185? yes. 9:11:03 what is the second disc? one is label copy and the other is video clips from original data 9:11:21 move into evidence if no objection. omara: approach for a moment? YES (sidebar) 9:13:08 omara: moment to review? YES YOU MAY 9:16:43 ANY OBJECTIONS TO THE INTRODUCTION OF THE EXHIBIT? no. COME IN AS STATES 185 9:17:13 mantei: cameras you located, what did you learn about the time on the footage? the video footage is 18 minutes off approximately. slow? yes. add 18 minutes for the accurate time? correct. the way system was recording? yes 9:17:47 camera locations, you mentioned 9... 2 particular... interior and exterior to clubhouse? yes. kitchen camera? yes. that camera right about this area? yes. faces? the front. street, retreat view circle? yes. 9:19:03 exterior, one in the east pool hall? yes. and west pool hall? yes. is the east pool hall located outside in this vicinity? yes. its direction of view is this way? correct 9:19:31 this here, what's that? mailboxes... camera faces mailboxes? yes. this is twin trees lane? correct 9:19:50 clips you referenced, first show you what we talked about as the kitchen video... is what we're talking about? yes. looking out from kitchen camera? correct. time on it is 18:50:33, but add 18 minutes, 19:08:33? yes 9:20:54 (kitchen camera playing) was that something we saw go by that window? Object! Improper Foundation for this witness SUSTAINED 9:21:25 next view is east pool hall camera? this the view? yes 9:21:38 mail box out here? yes 9:21:44 (playing east pool hall video) 9:22:19 back up and play this one more time from beginning.... 9:22:40 (playing east pool hall video) 9:23:20 time beginning for this tape is depicted in lower right hand corner? yes. add 18 minutes to that one as well? yes CROSS 9:23:55 omara: good morning. working for company back in Feb. 2012? yes. 9:24:07 when did you do this work that you're talking about? the day afterwards and 3-21 was asked to get the record again 9:24:21 previous to this event...ever been to this area? no. looks like a pool because of...? well I went there last night. to familiarize with yourself with area before today? yes 9:24:48 where those cameras were? yes 9:24:54 are they identified at your remote location by a number, so you know where to look? by name, east pool. west pool 9:25:14 when did you notice the timing? Feb. 28 2012 9:25:25 any explanation how system is 18 minutes off? nature of computers and clocks like that... they drift. don't know exactly? no. could be 19 seconds? within 18 seconds.... 15 or so either way... total span of 30 seconds? yeah I'm just guessing. don't guess? then I don't know 9:26:09 somewhere around 18 minutes? correct. could be 19 or 17? possibly, that'd be a guess though. could be 17 could be 19? I don't know 9:26:30 know if this was a concern that kept going... lose a second an hour and might be more...? I don't know how long it lasted or the drifts 9:26:49 could be several minutes more if there was a malfunction if it happened, two days later 18 minutes but could've been 25? that'd be speculation, I don't know. 9:27:13 nothing to support? right just know that it was 18 minutes when I checked it. CALL NEXT WITNESS. john good. 9:28:09 (sworn in) 9:28:29 rionda: name? Jonathan Good. 9:28:38 married? yes. how long? a little over a year. kids? no 9:28:50 what do you do for a living? finance. how long? 6 years 9:28:58 education background? FSU graduate 9:29:05 currently living in Seminole? yes 9:29:15 Feb. 2012, retreat twin lakes... 1221 twin tree lane? yes. upstairs bedrooms and living downstairs? correct. how long at that time? 3-4 years 9:29:41 enter into residence? come in right passed the bathroom and the downstairs living quarters. where are the stairs? on the right 9:30:07 toward the back exterior of the house.... living quarters? yes. sliding glass door that goes out to backyard? yes 9:30:23 back porch? I guess it would be considered a back porch... just a slab of concrete with two pillars. no screened in? correct 9:30:49 backyard have walk way? yes. 9:31:02 sliding glass door, any blinds? yes. tell us about it? always closed. what type of blinds? junky white tall blinds. vertical or horizontal (computer malfunctioned--- asked him about the sounds he heard.) 9:37:34 what did you see at that time? a tussle... a dog attack, a lot of dogs walk in back area... only see an object 9:37:49 what did you observe? a tussle... vertical to me... just like the blinds... I yelled out what's going on and stop it I believe 9:38:10 football, instant replay? yes. try to do that with you.... 9:38:20 stepped outside... one foot out... seconds, minutes? seconds 9:38:32 estimating and wife was not timing you at all... how long was it? a few seconds 9:38:56 mentioned when you put your foot out and saw something out there... mentioned vertical? looking at someone in the backyard, they're faced directly to the ground.... they would be making a t with the sidewalk 9:39:29 how close to the sidewalk was.... one or two? I couldn't tell. how close was object to sidewalk? they weren't on sidewalk, but they were vertical, hard to see 9:39:55 did object end up moving? yes. 9:40:01 where it was when you first observed it and the second time, how far from the original place? not far, just up onto the concrete 9:40:23 one individual there or two? two when they were still vertical 9:40:33 describing who was on top? only colors of clothing? on top? dark.... on bottom? light red or white color 9:40:55 not making notes when you're doing this? no. 9:41:05 positions changed, how long did it take for them to change... ongoing process? quick, only seen a few seconds of what happened... 10 seconds max. 9:41:26 as little as 2 or 3 seconds? it could be 9:41:32 change in position, they were horizontal... still two individuals? yes. 9:41:42 able to describe their faces or just clothing? going back to vertical... on bottom was lighter skin color. saw them horizontal, who was on top or bottom? same position still 9:42:07 person on top to the bottom? a straddling position 9:42:15 what do you mean? legs over the lower part of the body 9:42:23 person on bottom... face up or down? face up 9:42:32 see whether bottom was face up or down? when they were vertical? when you first saw them? no I couldn't see anybody 9:42:52 observed the second time... saw the person on bottom was face up? correct. person on top was straddling? correct 9:43:09 what was going on? I thought it was serious. why? looked like strikes or punches.... could've also been holding down... arm movement going downward... from person on top? correct. dark colored attire? correct 9:43:42 person on top... arm movement? shoulder down... see their hands? too dark to see that 9:43:58 person on top was striking and going like this? I could not hear that... hear this? no. (loud noises) 9:44:20 holding the person on the bottom? Object! That's leading OVERRULED 9:44:31 person on top holding down the bottom? possible, arm motion downward not just once 9:44:51 mention you said something, did you yell or say please.... recreate in your tone you used? pretty hard going back to that day 9:45:11 loud? enough for them to hear me. 9:45:16 what did you say? what's going on... no one answered and then at that point... the person on bottom I could hear a help... I said cut it out and I'm going 911 when I thought it was getting really serious 9:45:40 pretty quickly or pausing? pausing... equate to the time I said too... yelling it? yes 9:45:57 first stepped out... hear any yelling? not initially when I stepped out 9:46:09 when you did step out... any individuals say something at that point? no 9:46:20 mentioned they said something, after you said something? yes. who was saying something? 100%, no 9:46:40 person on bottom would've been saying something? correct. if it was the top there would've been an echo and not direct at me 9:47:03 person who said help, person who said help was it help help help continuous? one or maybe two. what happened? moved onto sidewalk. what happened? in the straddle position, thought it was getting serious and call 911 9:47:34 go in and call? yes. close door? didn't care about door 9:47:44 turning around and going back inside... hearing any screams or yells from outside? adrenaline was going, I can't remember 9:48:01 first heard something and stepped outside, was volume still going? it was muted 9:48:27 light outside, remain on? remained on 9:48:33 stepped out and mentioned two individuals, anyone else? not at first. at the very end 9:48:47 did you notice other neighbors peeking out from any windows? my focus wasn't on that 9:49:13 point seeing the individuals, straddling position... see their hands? side view, so I don't think so 9:49:29 tell whether person on bottom had gun out already? I can't tell, no 9:49:53 I'm going to play the 911 recording... ANY OBJECTIONS? no your honor 9:50:18 states exhibit 162 9:50:24 (911 audio playing---- heard a shot... yelling for help... pretty sure the guys dead out here, holy shit.... anything else you heard, no guy yelling help... guy with flashlight in backyard now... I think there's flashlights and a guy... don't know if it's a cop... there's two guys in the backyard with flashlights... a black guy down, looks like he's shot and dead... laying and multiple people calling right now I'm thinking.) 9:52:35 recognize that being your voice? unfortunately 9:52:44 somebody with a flashlight? yeah people came around the corner at some point 9:52:55 straddling position, because of the posture of the person on top? both, yeah 9:53:08 descriptive words as MMA style? yes. what? as a straddle position like that.. common position you would see in mixed martial arts 9:53:35 position of person on top over bottom? in the actions of the arms, looked like something I'd seen on TV. like wrestling? I don't understand 9:53:59 ever see the person on top slam them into concrete? no. see them slam head into concrete over and over? no. see the bottom slam head into concrete? no 9:54:40 back when you were living in your residence... ms lauer also lived there, neighbor? correct 9:54:53 you actually heard the recording that 911 call she made with the cries for help? yes. heard that before in depo? no. at that depo did that sound the same? it did not sound the same as I heard that night 9:55:30 states exhibit 1, recognize this? yes... the sidewalk, here? yes. 9:56:08 area you're talking about here? yes. 9:56:28 states exhibit 6, make out your back yard on that exhibit? I guess 9:56:41 would this have been lauers and yours is here? yes 9:56:51 conditions of the weather that night... 2-26-12 around 7:05-7:15, dark? yes. weather... raining snowing? defitenily wasn't snowing, but I was very nasty outside 9:57:21 nasty meaning? raining off and on all night 9:57:28 exhibit 7... what we're looking at? yes 9:57:37 dog garbage... going toward your residence here? yes. 9:57:58 exhibit 33 this is your residence here and ms goods here? incorrect... we don't live in separate homes... ms lauers? correct 9:58:34 street address is right there in the front? that's the number address... yes 9:58:49 twin tree lane? yes 9:59:10 states exhibit 39, recognize that? yes. 9:59:19 your backyard here? yes. see the sliding door? the one of the left actually 9:59:45 this was ms lauers back porch? correct 10:00:05 exhibit, the big diagrams... courts assistance? YES YOU MAY 10:00:55 approach witness? YES 10:01:00 back to February of last year... states 139... live at 1221? yes. 10:01:22 this exhibit... 1221, depiction of person... this area you saw? beginning or end.... 10:01:43 observed and went back inside? yes 10:01:50 concrete is this sidewalk were talking about? yes 10:02:03 went back inside and called 911... hear a gun shot? yes. recall if that was before you called 911 or during or after? while it was dialing 10:02:24 how long it took to dial? it was probably right inside, usually keep phone next to me 10:02:45 shot was while dialing or on the line? on the line waiting to get picked up 10:03:00 moment? YES 10:03:29 heard a gunshot any more yells? I wasn't focused on that... focused on calling 911? yes 10:03:49 in terms of the 3 cries for help... when you went outside? I said 1 or 2, possibly 3... I don't know 10:04:04 all one voice or more than one? sounded to be the same voice 10:04:16 not able to identify that voice? not 100%, no 10:04:30 what you heard when you looked out there... only heard one help help or anything else? that's all I heard 10:05:01 no further questions CROSS 10:05:10 I need a few minutes for exhibits....SURE 10:05:54 omara: very reluctant to be involve in case? correct. anonymity be continued because of concerns? correct. accomplish until today, but couldn't because of process? correct 10:06:28 recall what you said that night and told other people? yes 10:06:39 that night.... I want to define the terms you used... watching TV? yes. heard noise outside that gets attention? yes. 10:07:01 noise or yells? I didn't say yells... just a noise in the distance 10:07:16 lived there? yes. noise came from which way when you first heard? couldn't tell where it came from... it was faint and getting closer 10:07:38 could've been from this area? I thought we weren't speculating... I'm just asking you where you think. Objection! Speculation SUSTAINED 10:07:59 next thing that caught attention? heard it again... it was getting louder.. where? just closer to where I was 10:08:12 what did you do? muted the TV again and I preceded to sliding door 10:08:21 time in between where you turned TV down and back on? yes. how long? no. 10:08:34 maybe a couple of minutes? you were wanting a time frame, so yes 10:08:44 sound about right still? I guess, we weren't keep track of time. 10:08:55 caught attention, muted it and then what? muted it and I went to sliding door 10:09:05 looked outside and say again what you saw..... first looked out after second noise, what did you see? couldn't tell what was out there. 10:09:26 your view and what it was? couldn't tell what was out there, opened sliding door and screen... took step out to see better view 10:09:43 what you saw? possibly a dog tussle... could only see one person out there 10:09:52 vertical, horizontal and want to clarify? horizontal as laying flat on ground, ok? that's your perception 10:10:18 horizontal would mean they're laying on the ground flat...? they were laying on the ground 10:10:32 vertical would be standing up vertical, agree? correct 10:10:47 with that in mind, describe the scene you saw and your perspective.. how far away? closer to sidewalk, but not on side walk. 15-20 ft.? I guess 10:11:08 sidewalk about 20 ft. away, would that be close to accurate? I guess 10:11:24 use for now... how far then, about 20 ft. almost to the pathway? yeah close to the sidewalk 10:11:38 using the terms how were they? they were laying on ground, if you fell back vertically that was how I was looking at them 10:11:59 back was toward me, but facing downward 10:12:06 saw his back? yes. like this? at beginning no.... go to the ground, like that? no. more like flat or flat... horizontal on top of the other? correct... when did that change? closer to the side walk 10:12:44 position of the two? more of a straddle position when on side walk 10:12:53 explain that in more detail? more just person on tops legs were over the person laying on the ground 10:13:15 person on top like this? that's accurate 10:13:21 and person on bottom was flat? correct. on his back or not? back 10:13:32 person on top was wearing what? same person on the top when they were t shaped. did not change positions? no... guy on top wearing black was now straddling him? correct 10:14:04 now closer to the cement pathway? on the cement at that point 10:14:13 what movement were you... walk us through that... at point tell me your focus on what they're doing? on the entire time... only 8-10 seconds, so quick 10:14:37 saying.... on concrete, arm movement going downward 10:14:49 step out to watch them was 8-10 seconds? very quick... not a long time 10:15:01 rionda asked you if you said as little as 2? I didn't state the entire thing was 2 10:15:12 the entire time you watched? 8-10 seconds... what turned out to be martin and zimmerman? correct 10:15:27 8-10 watching them do whatever was happening? I would say, yes 10:15:40 movement or struggle? at the beginning or the end or the whole thing.... beginning? walked out and looked like one person, then could see the second... looked like a tussle... got more serious on sidewalk with straddle and arm movement going downward 10:16:13 trying to be extraordinarily literal? through the whole thing... same thing I said in deposition 10:16:27 initial statement, first opportunity to talk to officer the first time... explained as best you could recall? correct 10:16:47 person on top in MMA style straddle position? correct. ground and pound? correct. what is that? takes place in that type of position 10:17:08 knew it enough to give terminology? first thing that came to my mind... ground and pounding person on bottom? that's what it looked like 10:17:29 what is that? person on top punching person on the bottom, but the bottom can come back.... dominant? top... usually a positive I would think.... (phone went off and distracted people) 10:18:04 ground and pound? top is dominant... person on bottom is able to get out or throw punches back, but I didn't see any of that 10:18:36 top is dominant because weight is on hips? correct. bottom can't get much movement or leverage? depends on the person on the bottom. and their training in MMA? not really trained but other things 10:19:07 top has arms free? correct. might have arms under his knees? Objection! at the scene or in general. SUSTAINED AND LAY BETTER FOUNDATION 10:19:32 ground and pound position, dominant position can get guys on the bottom under his knees to rain blows on him? I don't know 10:19:55 top has arms free? correct. that night you saw... martin was on top? correct. was raining blows down on the bottom? that's what it looked like 10:20:17 couldn't actually see fist hit face? no. blocked by what? not blocked, dark out 10:20:29 looking at martins back? incorrect. at sidewalk they're side to me... lateral to my house 10:20:44 by the time they were at sidewalk, you could see more...? his right arm (Zimmerman) 10:21:04 saw him striking down? arm movement going downward. how many times? I have no idea, I went back inside... getting serious 10:21:20 hear zimmerman screaming for help? incorrect... that was in the beginning when I saw someone on top 10:21:36 when was the first time you heard the person on the bottom scream for help? initially went outside and didn't see second person, then I could... coming from the bottom because usually on bottom is screaming or yelling 10:22:01 balancing trying to be literal and what you remember and common sense, bottom is screaming? rationally thinking I would think so 10:22:20 had it been martin screaming for help, since his back was to you the yell would go away from you? it would've sounded different. 10:22:42 person screaming from 15 ft. away almost directly at you? sounded like it was coming toward me, yes 10:22:59 now moved up in the ground and pound position, what you heard and did hear.... hear something like this? no. could that happen without you hearing it? Objection! SUSTAINED. paying attention to those sounds? no 10:23:36 skull being smacked against concrete? I can't remember. heard fist driving into head? I can't remember 10:23:54 while not the noises rionda suggested, could've occurred that martin was hitting zimmerman, but don't remember sound of that? Objection! SUSTAINED REPHRASE 10:24:21 not telling jury that you know martin was not striking zimmerman in the face? I can't confirm that was happening 10:24:41 don't want to say that martin was taking Zimmerman's head on the cement, didn't see that? yeah I didn't see that. because of darkness and positioning? yes 10:25:14 during deposition and other times regarding what you heard and the disparity of what you heard and the 911 call indicates? yes 10:25:36 doesn't seem like same screams to you? ones coming from audio and the other I heard in person. 10:25:50 not suggesting they're not the same screams from different perspectives? I couldn't say 10:26:02 lauer's call to 911 was timed perfectly with the screams she heard and the gun shot you heard, correct? what do you mean... 10:26:18 you heard gun shot? correct. and on her tape? correct. going back in time from gunshot and her tape there was 40 seconds of screaming on that call? Objection to Speculation TESTIFY IF HE KNOWS 10:26:46 listen to lauers call again... think through... 45 seconds into call you'll hear gunshot... then testify what you remember seeing in timeline to that shot? I wouldn't be able to tell you... well I'm going to play the tape and well go from there 10:28:19 (911 lauer call playing) 10:29:09 heard the gun shot? yes. 10:29:13 different perspectives, same gunshot you heard? didn't sound the same, sounded like a rock hitting my window.. knowing now it was the same? yes 10:29:34 sounded much different from across the pathway and into ms. lauers apartment? correct 10:29:47 didn't hear your voice on that tape, did you? no 10:29:54 you did say what you said to them? correct. not showing up on tape doesn't mean it didn't happen? I know what I said.... talking about someone who was in their house though 10:30:28 using that gun shot as reference point, take you back in time... before the call is when you turned around and went back inside? before the gun shot... 10:30:54 heard the gunshot dialing 911? correct I was inside 10:31:02 know the gun shot you heard here was the one you heard.... gunshot happens you were on the phone? waiting for someone to pick up 10:31:20 heard your 911 call that says just heard a gunshot? correct. happens after gun shot? correct 10:31:34 only a few seconds before gun shot that you were looking at the two individuals? correct 10:31:53 you are certain the person on bottom was yelling to you? not 100% certain... but it did sound like it was bottom 10:32:12 not 100%, knowing you want to be literal and cautious... but using common sense... listening to sound of yelling, where was it coming from? sounded like the person on the bottom... coming straight toward you unobstructed? I would say yes 10:32:46 relate any of those two helps.. how many did you hear? 1, 2. possibly 3 only a few 10:32:59 could you relate those to this tape? no 10:33:14 the yells you heard, however many were always the same voice? that I personally heard, yes... no second voice? not that I heard 10:33:32 when you ran outside that time you went out to porch, actually told them stop? what's going on, cut it out, stop something like hat 10:33:50 martin on top didn't stop? no one stopped. acknowledge you were there? nobody did... kept doing what he was doing even though you asked him to stop? I guess I asked him, yes 10:34:21 never saw gun? no. no gun in hands that you could see? not that I could see 10:34:33 period of time during straddling, seem like zimmerman was trying to get up? didn't watch long enough to see that... 10:35:01 one on top of other before straddle, that's when zimmerman was trying to get up? yes. how? person on top of him... I didn't think he wanted to stay on the ground... describe how he was trying to get up from that position? couldn't tell you 10:35:34 describe? what do you want me to describe if I can't tell you 10:35:44 when you said guy on bottom trying to get up? if persons on top, you're not trying to stay on the ground... rationally, person on bottom trying to get up. any movements by him to try and do that? couldn't see anyone when I first went out there... 10:36:30 first time you noticed Zimmerman's clothing? just as I just stated 10:36:45 right before... in that very initial 10:36:52 see he was wearing red? different color than the person on top was wearing, yes... red or white 10:37:17 going through your statements and who you spoke with and when... first had opportunity to speak to, first person? first statement... that would've been the police 10:37:39 filling out hand written statement? yes. inconsistencies today with that? clarify in any other statements since that first one 10:38:02 straddle position back then where person on top was straddling person on bottom in red... bottom was getting hit yelling help? didn't mean to say they were yelling help while getting hit 10:38:29 also talked to investigator sereno? correct. same day? later that night. gave him an oral statement? correct 10:38:48 in that statement the same day you described straddle as MMA? correct. ground and pound first talked about? correct 10:39:14 also talked to the media... they found you out? came to my house every day and harassed us for the next 6 months... 10:39:31 answered one door knock with reporter talking to you? next morning 10:39:44 similarly told them, guy on bottom in red was getting beat up? correct 10:40:01 also saying at that point he was yelling for help? correct 10:40:12 month later FDLE john bachelor spoke with you? sereno in between that 10:40:29 except for clarifying, no inconsistencies? just clarifying 10:40:39 john bachelors conversation? correct. more detail about what happened? from my point of view, yes 10:41:06 everything in there, still stand by? yes 10:41:24 tell me why you initially thought this just may have been a dog fight? a lot of dogs get walked back there, maybe a dog got loose... people partying it was Daytona 500 weekend 10:42:02 any problem with dogs in that area? nothing unusual... maybe a dog getting off its leash 10:42:31 approach the witness? YES YOU MAY 10:42:41 states exhibit 45, recognize who that is? now I do, not at the time... clothing you saw that night? can't say exactly... definitely a red or lighter color... that red on the bottom? possibly 10:43:22 moment, almost done 10:45:12 just show to him and not publish to the jury yet.... 10:45:43 defense e for identification 10:45:50 clothing here for the person on top? person on the right, yes. person in the center? correct 10:46:06 similar to the top? same colors, yes 10:46:30 enter that into evidence. ANY OBJECTIONS? no. DEFENSE EXHIBIT 18 10:47:43 during your interview, you prepared a sketch of what you saw that night, remember? yes 10:48:12 DEFENSE EXHIBIT 19 10:48:20 identify this as a blow up of a sketch you prepared? yes it's my horrible stick figures 10:48:37 explain to the jury what you intended to do with this sketch? door and house... where they first were and where they moved to 10:49:01 this is your patio area? yes. looking out at first? yes... looking at from here to here first? correct. 10:49:40 tell me the legend and explain what you were indicating? depicted them laying how I started earlier.. black on top, red on bottom... moves to sidewalk, laying this way black on top, red on bottom... in straddle? yes. with martin on top? yeah I could not draw that 10:50:20 this number three? when I went upstairs and looked down and the body was... not in the same position I left them in. 10:50:41 on sidewalk and body was closer to where I was... looked out from upstairs? upstairs... saw martins body between the pathway and your home? correct 10:51:02 stick figure... seen the photos taken as martin as he lay after the shot? no. did you see anyone move the body at all? I think I saw him flip him over and try to give him CPR. laying face down? correct 10:51:34 see the other person? on the side walk, standing up.. guy with flash lights came around the corner 10:51:49 gun shot, on the phone to the time you looked out to see martins body in position.. and zimmerman walking about, how long? if you sliced the phone call you could do it to the T 10:52:15 just heard the gun shot? correct. I see someone outside, that's about the timeline you would say was accurate? that's when I'm walking upstairs, yes 10:52:35 tell the jury... hear gun shot while dialing... tell me you're movement until you get to the area where you see martins body? walking, trying to spell out twin trees 3 times, and see the body 10:53:08 still on stair case while dialing? heading up 10:53:17 continued walking, go to back bedroom? master. balcony and window? window in bathroom and room. which one? bathroom window 10:53:38 could've been one of the two? I believe it was the bathroom window... remember that you said something acknowledging you had just seen the body when you saw it? repeat 10:54:01 if listen to 911 tape, you said there's somebody outside and I think he's dead, precise to when you saw the body? correct...from when I stated I just heard a shot, yes 10:54:41 moment? YES 10:55:06 clarify.... look out and see martins body and then you saw zimmerman walking about? standing, walking, yes but on the sidewalk 10:55:24 two guys with flashlights? I think two coming around corner 10:55:31 tell one was an officer? no.. just saw a flashlight. still dark out? correct 10:55:42 porch light was on? it was on. the whole night? yes. point down? light bulb inside of globe... in ceiling above? correct. not a flood light. illuminate porch area? a little bit. not to increase what you talked about near the pathway? no 10:56:28 voice screaming for help... it was just one person's voice? when I heard it outside, just one person's voice... now believe that was Zimmerman's voice? I never said that, I said it could've been, not 100% sure. not asking for 100%? that's just my opinion. Nothing further REDIRECT 10:57:21 first saw them.... saw like this? correct. one on top of other? correct. next time the other was straddling? correct. feet were to the right? feet, yes... heads were towards the T. of the sidewalk 10:58:35 asked about statements and interviews... talked to officer at the scene and a detective and then from FDLE... another with sereno on the phone 10:59:03 at some point talking to me and then I took a statement? another with FDLE and then you 10:59:15 certain questions not asked at beginning than later? new questions right 10:59:26 weren't asked to elaborate at the beginning? correct. nobody asked if you heard this? no. did not hear that? no 10:59:48 didn't hear that either? no. 10:59:52 in one of the interviews with sereno... omara asked you about ground and pound... could it be that investigator sereno used those words and not you? I believe it was me because it was in my initial statement as well... put ground and pound in initial statement? possibly 11:01:12 IT'S FOR IDENTIFICATION PURPOSES... 11:01:22 marked as 2S... read it and see if you used words ground and pound 11:01:42 omara: improper impeachment! I DONT KNOW IF IMPEACHMENT OR RECOLLECTION 11:02:07 I say ground getting hit....ok 11:02:13 in that interview with first officer you did not use ground and pound? not interview, it was written statement, by the time I spoke with sereno I might've said that to give a better description 11:02:39 believe you used ground and pound with sereno? I believe that's better described, yes 11:02:52 elaborate more and more? clarify... felt important to clarify certain things? to give a better visual 11:03:12 moment? YES 11:03:31 porch light, not on the ceiling.. its outside? caddy corner of ceiling and wall.. illuminates out into the yard? that patio area 11:04:02 marked for identification.... interview with sereno and that was on February 26th... omara: identify the document... 11:04:39 omara: moment? YES YOU MAY 11:05:12 omara: ask that audio be used for impeachment.. OBJECTION I NEED TO HEAR THE OBJECTION, NOT SPEAKING ONES. improper foundation. HASN'T HAD IT IDENTIFIED, WAIT FOR THAT... omara: ask council for a second? YES 11:05:53 rionda: interview with sereno? correct. used word MMA? correct. you believe you used the word ground and pound? I believe so... could it be that sereno used ground and pound? it could've been 11:06:24 you as best you could in elaborating used language based on MMA on TV? to give a better description. the straddling over one on the other? yes. to depict there were blows like that on TV? yes. but didn't actually see those blows? downward arm movement 11:07:06 the times you heard help, believe it was person on bottom... not 100% but because on bottom would be yelling for help? correct and that's when I first saw the person on the bottom 11:07:34 person yelling for help would not have come toward you? yes 11:07:45 person on top was yelling help and it would be toward the ground and not you? Object! TESTIFY TO WHAT HE SAID 11:08:15 I didn't hear a muffled help, no 11:08:21 never saw the bottoms hands if he had a gun? no. couldn't say one way or other? no 11:08:39 you can't say whether person on bottom was trying to get up, may have been? person on bottom was trying to, but I couldn't confirm that... just from common sense? correct 11:09:11 several statements you gave... felt the need or weren't asked questions to specify? correct. felt the need to clarify? yes so words weren't put in my mouth, yes 11:09:39 lying originally with what you said? lying, no.... because you didn't clarify? no it was just the question was never asked of me 11:10:24 moment? YES 11:10:49 mention at the end of the cross, you went upstairs and looked out and saw what you now know as martin on ground... saw person zimmerman standing up, and then saw one or two guys with flashlights? correct 11:11:21 looked out and martin being like that? no, opposite view... but yes the body looked like that.... if I was standing over there looking that way... body was faced down? yes 11:12:37 states exhibit 77... vantage point different but body faced down? correct. 11:12:51 MMA trained at all? no in shape to do that 11:12:57 were zimmerman or martin MMA trained? I didn't know either people. nothing further 11:13:53 omara: copy of your statement given mostly to what was happening? yes. what words you used and first opportunity? not question, but given for statement. accurate? from what I said that night 11:14:22 move to evidence. rionda: same objection PLEASE APPROACH (sidebar) 11:19:23 statement you gave to sereno, correct as best you could remember the incident the way you viewed it? correct. 4 or 5 statements all together? probably.. all somewhat different? what do you mean... 11:19:56 clarify certain things? yes. add to what needed to be added? add but not changed. questions asked would prompt you to answer about new subjects? yes. this statement was only half a page? correct. another was a page and a half of transcription? yes. another longer with FDLE? correct. some facts added to one because the way questions were asked? I don't know about facts, but more clarification 11:21:01 deposition was about 50 pages? correct. rionda wanted to make sure jury understands that statement 1-4 aren't the same, you weren't lying? no. just answering questions? yes 11:21:34 even said that adrenaline was flowing? yes. event where you hyper focused on what was happening? for a few seconds 11:22:03 traumatic event to see that to call 911? yes. recounted story time and time again, things became more expanded? yes, but the groundwork stayed the same... two guys, one on top? clarified I couldn't see punches... 11:22:45 guy with red was always on bottom? correct. never changed? right 11:22:55 with sereno, ground and pound... completeness, put in context for you... ask you if this is what you said..... heard someone yelling, not sure if it I was a fight... see kind of a person out there, open my door black man on top with a white guy on bottom yelling out help, tried to tell them get out of here or stop or whatever, guy on top was pretty much just throwing down blows kind of MMA style... context in which that happened? yes. sereno said word ground, maybe ground and pound... and you said yeah like a ground and pound at this time, calling 911 now? Objection! Hearsay and improper Bolstering. omara: rule 108. OBJECTION TO HEARSAY IS OVERRULED, BOLSTERING IS NOT RIGHT EITHER. rionda: beyond scope. OVERRULED 11:25:03 that's what you said right? yeah. context in which ground and pound came from? for more clarification. ground and pound even still today? looked like it, but couldn't tell if faces were being hit... but did see MMA style? meaning arm movement going down.... RE-RE-DIRECT 11:26:02 clarify after that, you did not see fists...? both sides made me clarify. did not see blows on the guy on the bottom? correct 11:26:20 under subpoena, talk to him at lunch..... REMAIN OUTSIDE SO COUNCIL CAN SPEAK WITH YOU. 11:26:47 HESITATE TO TAKE YOU TO BREAK AND WAIT FOR LUNCH...... I DONT KNOW IF LUNCH WILL BE HERE UNTIL NOON. RECESS UNTIL 1.... 11:27:14 DO NOT DISCUSS CASE. DO NOT LISTEN OR READ ABOUT CASE. NO ELECTRONIC DEVICES. NO SOCIAL MEDIA ABOUT THE CASE. ASSURANCE? yes. FOLLOW OUTSIDE COURTROOM 11:28:21 PLEASE BE SEATED, ANYTHING TO TALK ABOUT NOW. COURT IN RECESS UNTIL 1 11:28:38 RECESS FOR LUNCH ============================== 12:57:42 (zimmerman walking in) 12:59:05 COURT BACK IN SESSION. STATE VS. ZIMMERMAN 12:59:56 (rionda walking in, O'Mara walking in) Approach (sidebar) 13:01:42 READY TO BRING IN JURY? yes. GO AHEAD AND BRING THEM IN 13:02:38 PLEASE BE SEATED.... LADIES AND GENTLEMAN WELCOME BACK. QUESTIONS: CONVERSATIONS ABOUT THE CASE? NO HANDS RAISED. READ OR LISTEN TO REPORTS? NO HANDS RAISED. USE ELECTRONIC DEVICE? NO HANDS RAISED. CREATE OR READ SOCIAL MEDIA? NO HANDS RAISED. THANK YOU VERY MUCH... RIONDA CALL YOUR NEXT WITNESS.... joe manalo 13:03:54 (sworn in) 13:04:15 rionda: name? jonathan manalo. married? yes. how long? 7 years. kids? yes. daughter? yes. living? work for UPS. how long? 20 years 13:04:44 live in Seminole county? yes 13:04:48 how long? 32 years 13:04:56 living at 2861 retreat view circle in 2-26-12? yes. how long? 3 years 13:05:12 focus on Sunday the 26th, home around 7:05-7:15? yes. anyone home with you? yes. who? wife and daughter 13:05:31 doing what? wife on couch, my daughter and I assembling coffee table bought earlier in the day 13:05:50 outside, was it dark? yes. weather that evening? raining 13:06:02 around 7:10, hear something? yes. describe to the jury? like grunts... dogs barking at first 13:06:18 grunts loud or low? they were loud enough that I could hear it through the window, but still indistinct 13:06:38 did wife do something? yeah she looked through the window. did you tell her anything? yes I said stay away from the window... dont make it our problem. did she pay attention to you? yes. did you ever look out window? no. did your wife ever look at that evening? yes 13:07:14 she just said there were two people fighting, sat down and then heard yelling or gun shot when she peered through window. did you hear the gun shot? yes. 13:07:37 ever looked through window or sliding door? no. 13:07:43 heard the gun shot, take action? I went outside. 13:07:52 how did you go outside? I went through the garage. grab anything? a flashlight 13:08:07 after, where did you go and what route? went to the left, toward the sidewalk and then I walked toward the back to the T 13:08:24 see a man standing on side walk? yes. know that man prior to that night? no. know him now to be George zimmerman? yes. see him here today? yes. person who stood up? yes 13:08:50 first saw him... defendant standing up or laying down? walking toward my direction 13:09:03 walk toward you? walk directly towards me 13:09:09 have your flashlight on? yes. was it dark? yes 13:09:17 observed defendant, walk towards you? yes. anything in his hands? cell phone to his left ear 13:09:33 holding to ear... demonstrate? like this 13:09:47 notice blood? yes, down his nostrils streaming down both sides of his lips 13:10:02 damage to nose? no 13:10:08 did you also see blood on back of head? yes 13:10:16 did you end up taking photos with your cell phone? yes. back of his head? yes. photo of martin on ground? yes. photo of flash light on the ground? next to the body, yes. 13:10:43 use your cell phone to take those photos? yes. use the flash from cell phone or flash light? flash light 13:11:03 look at... states exhibit 1, google or aerial photo of twin lakes? yes. 13:11:34 residence here? yes. route you took.. this way toward walk way? yes. approximately when you came into contact, where you had contact with him? higher... at the T 13:12:09 states exhibit 3, see your residence there? no. 13:12:17 states exhibit 3, dark establish how dark it was? yes 13:12:29 states exhibit 5, part of your residence? yes. what part? back patio... pointing to it? yes 13:12:46 this light, was that on? that was off, turned on after 13:12:58 area where you came into contact? yes. near the T or the dog garbage? yes 13:13:16 states exhibit 6, your patio or pavement here? yes 13:13:32 states exhibit 10, what does that show? the back of my house... the T.... is this the area you walked out of? yes 13:13:50 states exhibit 11, recognize? yes. what does it show? the back of the house and where the crime scene finally ended 13:14:04 were all these markers out there when you came out? no. first one out there after the shot? yes. police officers out there when you got there? no. arrive after you? yes 13:14:29 states exhibit 34, recognize? front of the house. your residence? yes 13:14:41 states exhibit 35, close up? yes.. 13:14:48 states exhibit 37, show the area we talked about? yes. 13:15:09 states exhibit 40, what does that show? side walk toward the T... taken the path to that... left garage out this way? yes 13:15:29 states exhibit 76, take this photo? yes 13:15:36 raining that night? yes. 13:15:42 recall the position you took this photo, sitting down standing up? squatting. after officers came? this was before 13:16:03 states exhibit 77, what is that photo? I believe that's travyon martin 13:16:16 is this the way you found him? yes. move him at all? no. hands were underneath his body? yes. tamper his hands or anything? I never left the side walk, so no 13:16:39 this photo you took of trayvon, the light is from flashlight? yes 13:16:54 states exhibit 78, with cell phone? yes. showing what? object next to him... no other objects other than the little flashlight by the T. 13:17:15 point at it now? yes 13:17:21 the light shown is your flashlight? yes 13:17:46 back in February 2012, states exhibit 139... your residence here? yes. 13:18:09 area depict your route? yes 13:18:31 elaborate about your contact with defendant... flashlight you saw on ground, was that on? no. (malfunctioning computer) 13:22:26 computer came back 13:22:36 picked up his phone, put in pocket and called his wife through my phone 13:22:46 defendant asked you to call wife? yes. picked it up and put in whose pocket? Zimmerman's. which pocket? left side. why that one? closer to me 13:23:07 call his wife, did you do that? yes., know her number? no, know her before? no. how did you get the number/ he gave me her number 13:23:26 dial her number? yes. call her? yes. talk to her? yes. 13:23:39 I had connection with her right away... husband involved in shooting, and he'll be at Sanford PD, defendant cut me off and said just tell I shot someone... what did you say to his wife? okk.. he just shot someone 13:24:28 describe his demeanor? like I was taking too long to say what I had to say 13:24:38 mentioned you saw the body, see any movement in his body? no. 13:24:47 ever hear him say anything? no. 13:24:52 heard the shot and went outside... how long did it take you to come in contact with him? 10-20 seconds 13:25:13 observation was he was beaten? yes. remain outside while officers arrived? yes. present when they attempted to revive martin? yes 13:25:34 what you recall seeing about that? first officer arrived and turned him over... more were coming and asked for a bag to do compressions on his chest... I watched them perform CPR 13:25:58 get a bag? my wife handed me a bag 13:26:04 provide to officer in attempt to save martins life? yes 13:26:13 ever met zimmerman? no. ever met martin? no 13:26:20 ever involved in neighborhood watch program? no. why not? I have work and 6 yr. old to take care of 13:26:41 come into contact that evening, was he in shock? no. what it that based on? not acting like anything different, coherent responding to my questions, just like any other person 13:27:09 observe the defendant look back at the body? no. 13:27:18 appear calm? yes 13:27:25 nothing further. CROSS 13:27:53 west: afternoon. 13:28:12 in the living room with wife and daughter putting furniture together when you hear noises? yes 13:28:31 she said there's two guys fighting or guys fighting? yes. weren't able to see anything? no. never looked out, but did hear the noise continue? yes. moved from corner from right to left? yes 13:28:58 area of T on past your unit? yes. point where you heard a shot? yes. hear the shot yourself, or wife said to you? we both heard the shot 13:29:19 made the decision then to find out what that was about? yes. went from living room in the back, toward the garage? yes. in the garage grabbed a flashlight? yes. 13:29:43 front of your house, turn back around and run length of your unit and bring you in view of where this event occurred? yes, but I didn't run 13:30:09 walk briskly? carefully walking... walk upon the scene and see what's going on 13:30:23 flashlight and cell phone and best estimate is that it was somewhere between 10 and 20 seconds from hearing the shot and coming in contact? yes. didn't see martins body first? correct. caught your attention first was zimmerman? yes 13:31:03 saw him there he was breathing hard? yes. staggering? yes. look to you like he just got his but beat? yes. approached him? yes. weren't fearful of him? no. didn't call police? I asked him if I needed to call police 13:31:37 when you got closer to zimmerman you asked him do I need to call police? yes. told you no, I already called them or something to that affect? yes. didn't know yourself whether he was talking about the call he tried to make or if he called himself 2-3 minutes before? not a way of that 13:32:12 on the phone at that point that he had been talking to police? yes. would have to take place in those 10-20 seconds before you got there? yes. 13:32:37 wait for call to connect and have conversation before you asked him to call the police? I'm not aware of that, he wasn't talking on the phone, just had the phone to his ear 13:33:03 wanted you to tell his wife about the shooting? yes. asked you am I bleeding? yes. and you saw he was? yes. stooped over like this to collect himself? no just squatted down. as if to collect himself? not to collect himself..... didn't you say that in a statement... to try to collect himself, like he just got his butt beat? Objection! Compound question. ANSWER IF HE CAN..... yes 13:34:15 flash light and cell phone with you... opportunity to take picture of his back head? yes 13:34:39 took it upon yourself to take the picture, he didn't ask you to? yes. 13:34:53 asked him what happened? yes. he said, this guy was beating me up and I shot him? I was defending myself and I shot him. 13:35:15 it seemed completely true? yes. 13:35:35 not long until police arrived.... talking to zimmerman as he collected himself, officer time smith got there? I didn't know his name, but right 13:35:54 within a very short time, the first police officer arrived? right. he had a flash light? I dont remember. I know it was a police officer but I dont remember if he had a flashlight 13:36:20 officer smith or first officer arrived and he said who shot him? yes. and George said I did? yes. and officer smith said do you have a gun or something? yes. and zimmerman raised right arm and exposed firearm on his right side? yes. officer said I'm going to handcuff you for officer safety? yes. and zimmerman complied? yes. made available to be cuffed? yes 13:37:12 in the meantime while zimmerman was in the process of being cuffed, wanted you to call his wife? yes. in the process of being cuffed and call his wife he put the phone on the ground? yes. couldn't do anything more than that? right 13:37:40 purpose was to let his wife know that husband was involved in shooting, that's what you did? yes. conversation with who you believed to be his wife? yes. husbands been involved in a shooting? yes and is going to be taken in for questioning? yes. and beginning to explain when zimmerman says just tell her I shot someone? yes. to make it clear that he wasn't the one who had been shot? Objection! SUSTAINED 13:38:39 he may have been abrupt, get to the point? yes. that someone else had been shot? yes 13:39:13 thought that the way zimmerman said that wasn't animated enough, not hyper enough... not agitated enough for you to think he was in shock? I dont understand 13:39:40 do you think he shock, your mind someone who's hyper? or not responsive... one extreme or the other? right 13:40:00 zimmerman wasn't either of those? right. point in his response? yes. compliant with police officers, did understand what was being said? yes. 13:40:21 not animated, he was flat.... that's what you mean by not in shock? yes. not that you have training about in shock? right 13:40:45 something you've haven't been involved in very many times? right 13:41:00 while you were......... 13:41:10 attend HOA meetings? no. not involved in community? no. work and family, you dont attend meetings or programs? no 13:41:26 your view at that point was mind your business and go to work to support your family? right and if there's a problem just call 911 13:41:47 community, there's a sign that says neighborhood watch? correct. somebody coming in to steal or hurt people would see that and think there's somebody there that might be watching them? people in the neighborhood would work together if there was a problem, not a forewarning for would be criminals 13:42:24 not like having a security alarm sign in the front yard but not having a system? not really. just if they see a problem to call 911? right 13:42:42 involved more communication, contact among neighbors with guidance as to what they should do if its suspicious with non-emergency number? I dont understand.... you didn't know specifics of watch? right 13:43:16 I know you said it was dark, I know you had a flash light and took two pictures that show martin lying on the ground following the shot.... 77 and 78..... could we.... show those here in a second, the exact position shown in the photo is the same way you saw martins body with your eyes? yes. legs spread like this as if riding a bicycle? I dont remember 13:44:33 took this photo of martin... see the legs I've described as almost riding a bicycle with right knee bent? yes. first observed his body that way? yes 13:45:04 illumination of martins body is from your flash light? yes. not the flash on the phone? no. shined the flashlight and took the photo? yes 13:45:22 around that spot where its darker... overall lighting conditions that night? yes 13:45:53 this is the next picture you took... the other picture you took is states 78, see that martins body is in same position, harder to see? yes. see this flashlight? right. not on when you saw it? no 13:46:23 no idea if it was connected to case but you saw it and it caught your attention? yes. 13:46:37 picture... martins body was like I said before... everything else was quite dark? right 13:46:54 were you... where were you standing? on the side walk. where you encountered zimmerman? yes. basically the same spot? yes. 13:47:12 turned and took the pictures we've shown here? yes. near T intersection? yes 13:47:56 best recollection is you were at the T intersection...? a few feet away, but in that area... 13:48:12 t intersection and far enough down side walk to take this picture? yes. back patio light is from the light of the second unit in from the corner? I couldn't remember whether that's the second or third unit... not across from you? correct. to the left of your unit? yes 13:49:39 orientation in the photo... see the lit area in back, believe that's the back of someone's unit... second or third? yes. 13:49:59 lower left corner, dark edge? yes. is that the sidewalk? yes. edge of the sidewalk on the left, illuminated flashlight that's off and martins body? yes. back patio area of that residence? yes 13:50:30 martins hands or arms tucked under him, saw what's in the picture? right... nothing different? right. saw in the picture? yes 13:50:51 woman that testified earlier... jeanne manalo, your wife? yes 13:51:20 when you took this picture, you were at the spot where you had encountered zimmerman? yes 13:51:34 ANY REDIRECT? REDIRECT 13:51:54 rionda: came into contact with defendant he appeared calm to you? yes. Objection! Leading! Asked and Answered. REDIRECT AND TRYING TO ORIENT THE WITNESS. OVERRULED 13:52:20 recall he was calm? yes. Objection! Mischaracterization OVERRULED 13:52:39 how would you describe his demeanor? coherent, compliant, he was calm... just walking toward me. any trouble? staggering.. what do you mean? getting up off the ground 13:53:10 like this! Objection! leading OVERRULED.. erect sir? at one point, yes. 13:53:24 have any trouble understanding him when he spoke? no 13:53:37 in your conversations did you ask about caliber of gun? yes. what did he say? 9 millimeter 13:54:06 asked about statements made about shooting the individual, were you out there during this? after it happened. see the shooting where zimmerman shot martin in chest? no. inkling on how it happened, self-defense or not? no. rionda: I have nothing else 13:55:24 west: nothing further, thank you 13:55:28 CALL NEXT WITNESS.... 13:56:25 (sworn in) 13:56:42 guy: name? ricardo ayala. employed where? Sanford pd... how long? 11 years. position? police officer. how long in patrol unit? just over a year. before that? investigations 13:57:15 how long in that? 6 years. duties? general and major crimes 13:57:26 prior law enforcement before Sanford? yes corrections. how long and where? 6 years, 5 in Seminole, 1 in lake 13:57:42 Sunday Feb. 26th 2012, working? yes. respond to scene of shooting at twin lakes? yes. dispatched there? yes 13:57:56 nature at first? suspicious person in area. recall time? just after 7pm 13:58:09 what area of town were you in? north end of city. how long to get there? less than 5 minutes. receive updates to first dispatch en route? yes. stated shots were fired. first on scene? no. who was? Tim smith 13:58:48 states 1, aerial of twin lakes? yes. 13:59:03 where main entrance is? right there 13:59:09 off of Oregon ave? yes. where you went when you got in and where you parked? came this way through the entrance went around a ways I believe and parked in this area here... upper right hand corner? yes 13:59:45 took long way around? yes I wasn't familiar with the area. see officer smith? yes. where? that general area right there... in the T 14:00:07 lighting like back there? very dim almost dark 14:00:13 using flashlight to find way in between? yes. weather? misty... raining on and off. what was officer smith doing? white male at gun point. zimmerman? yes. see him here? yes. stood up? yes 14:00:52 any interaction with defendant? no. why not? focused on male on ground. 14:01:03 male on ground, later to be martin? yes. go over to martins location? I walked towards it yet. how was it positioned? faced down hands underneath his body. first to approach martin? yes 14:01:29 dead or alive? I did not. his involvement at that point? no. commands to martin? yes. asked to see his hands? where were they? underneath him. lying on stomach? yes. respond to commands? no. 14:02:02 did you see any movement from martins body? I did not. hear sounds? I did not 14:02:13 did other officers approach you and martin while giving commands? sergeant ramondo. try to get pulse? sergeant ramondo did. able to get a pulse? no 14:02:40 did you or sergeant move body? yes... stomach to back? correct. to your knowledge move or disturb evidence when you rolled him over? no 14:03:09 did martin respond when you rolled body over? no sir.... after rolling over, see a gunshot wound? after he's moved around, yes. where? underneath he had a pin or button, underneath his button 14:03:39 gunshot wound was near that? right under button 14:03:46 how did you find the wound? move the sweater, button lift up... lifted up sweater and shit... exposing bare chest? yes. see gunshot round? yes 14:04:09 perform CPR? yes. training? yes. 14:04:20 ask anybody for anything while performing CPR? sergeant ramondo asking for plastic bag. someone provide? yes. describe, plastic? correct. color? I do not. who provided? I didn't not 14:04:53 continue to perform CPR? correct. see signs of life from body? no 14:05:03 your role in CPR? chest compressions. ramondos role? mouth to mouth. rescue respond? yes. take over the treatment after they arrived? yes 14:05:26 was martin pronounced dead on scene? yes. any further contact with this defendant after CPR with martin? no sir 14:05:41 investigators and crime scene respond when you were present? yes. take over scene? yes. any further involvement with case? no. that's all CROSS 14:06:09 O'Mara: heard on your way that officer smith had just arrived to the scene? as I was getting there, yeah he was just responding to the scene... right behind Tim smith to get there? yes. 14:06:37 estimate how fast after him you got there? less than 2 minutes... 14:06:50 so quick that officer still had zimmerman at gun point? yes. in a shots fired situation, protocol to take out weapon and control situation? correct. not to suggest danger from zimmerman, just what you do when shots are fired? yes. appropriate he did that here? correct 14:07:26 come up to me, how would you tell me or what would you tell to me to do? I want to see your hands. say that? yes sir. 14:07:45 if I had a cell phone, appropriate to go like this? no. drop it where it's at... why? to make sure you have nothing in your hands 14:08:10 take out your weapon as well? yes. dont know what's going on? no. can't see much? no. flash light in one hand and gun on the other? no flashlight is on gun... 14:08:34 you were protecting officer smith? correct. focus on this initially? correct. 14:08:47 realize that officer smith had that part of situation under control...? weapon out until.... having eyes on Zimmerman and trayvon at the same time, didn't know what was going on... as soon as he secured zimmerman and focused on trayvon to notice the threat 14:09:25 another person there? probably, only focused on officer and the interested parties 14:09:51 from your awareness of it, concerns with securing zimmerman? he got him secured and took him to vehicle and secured him there, he was gone, he was good. compliant? yes. did what was asked? yes. disobey? no. 14:10:26 look at his face? I didn't focus... quick glance? yes. notice blood? I can't tell you I did... 14:10:43 shift over to martin who was off to the left? yes. quite dark? yes sir. not able to see martins body but for your flash light? yeah 14:11:07 attempted to do what you could as first responder to deal with martin? correct 14:11:20 did not see... see zimmerman again in back of patrol car? no.. I didn't make contact with him after he was secured. moment? YES 14:11:39 no further. ANY REDIRECT 14:11:44 guy: complied with commands, holding him at gun point? yes 14:11:58 YOU MAY BE EXCUSED... CALL NEXT WITNESS. stacey livingston. 14:12:40 (sworn in) 14:12:58 guy: name? stacey livingston.. employed? Sanford fire department. how long? a little over 25 years. current position? firefighter emt. emt? emergency medical technician. firefighter and emt? yes. duties? anything from fire calls to medical calls or anything citizens call for 14:13:49 description of training and education for duties? certification of Florida fire fighter and emt, continuing education at work 14:14:09 February 26, 2012... working? yes. respond to shot at twin lakes? yes 14:14:23 where were you when dispatched? fire station 38. dispatched with others? yes. recall the time? I do not 14:14:41 approximately 7:20 in evening? yes. how long it took to arrive? it would be a guess 14:15:17 look at this document, is that your incident report from this event? yes. on that report, a time of dispatch? yes. what time? 19:2... 7:21 pm? yes. arrival time? 19:27. about 6 minutes later? yes 14:15:58 officers on scene? yes. directed to location of shooting victim? yes. learn to be martin? yes 14:16:12 were Sanford police officers present when you arrived? yes. doing? CPR 14:16:23 how was martins positioned when you got there? on his back. other Sanford personnel take over CPR when you arrived? took over assessing him, not CPR 14:16:45 check for pulse? yes. how? on his neck. find? no pulse 14:16:56 while treating. move clothing? yes. what? lifted his shirts. notice anything in his sweatshirt when you moved it? I wasn't sure at the time, I know what it is now. where? in front. what was it? felt like a can. what did you do? took it out and move to the right. examine? no. why not? not a concern, trying to get to patient 14:17:50 feel anything else? yes. what was that? a small bag when I moved the shirt it made a crinkly noise. do anything with the bag? no. in his sweater? I dont know, just felt it when I moved it up 14:18:19 see any injuries? yes. gunshot wound? yes 14:18:28 where? in his chest 14:18:33 what steps did you and other personnel take to assess martin? cardiac monitor. why? to assess heart rhythm. what was detected? incompatible to life. pronounced dead at scene? yes. does report indicate time he was pronounced dead? 19:30 14:19:21 just a few minutes after you arrived? yes. hear martin make any sounds? no. did you or anyone transport martins body from the scene? no. why not? not part of our job. deceased left for medical examiner's office? yes 14:19:56 other than taking can out, move or collect other items? no 14:20:09 states exhibit 20, recognize? yes. fair and accurate on how he appeared after pronounced dead? we had shirt up, but yes. states 25, accurate? yes. and states 80? yes. and states 28, what's depicted? gunshot wound. (Fulton turning away from screen) when his sweatshirts were pulled up? yes 14:21:04 see zimmerman in court this afternoon? yes. standing to my left? yes 14:21:19 where was he when you made contact? sitting in police car 14:21:29 met with him, talk to him? yes. appear to have difficulty understand? no. difficulty understanding him? no. memory problems? no. Objection! SUSTAIN. DISREGARD QUESTION AND ANSWER 14:22:08 glascoe scoring system? to determine response of patient... three sections., series of numbers ... command to pain. 14:22:45 what's the highest score they can get, most alert? 15. what was defendants score? 15. indicate to you? for eye response it was spontaneous, obeyed commands 14:23:17 observe injuries? yes. what? swollen, bleeding nose, lacerations to back of head. nose bleeding when you arrived? I dont believe it was actively bleeding, still moist. treat his nose? tried to clean up injuries to see them better to determine... 14:23:54 describe lacerations on the back? I recall two... approximately an inch long... were either of those bleeding? not actively, but had been. how did you treat? clean up a little to view injury better 14:24:24 at any point while treating, did he stand up? yes. trouble with balance? I dont believe so 14:24:36 how long were you treating him? maybe 5 minutes 14:24:45 transport from scene? no. why not? determined if he needed further treatment Sanford PD would take him. leave him in custody with police? yes. any further involvement with him? no 14:25:18 fair and accurate as he appeared in back? yes. states 76, fair and accurate of back of his head? yes. CROSS 14:25:43 O'Mara: afternoon. how are you 14:25:52 speaking about when you came in contact with my client, in back of patrol car? yes. 14:26:03 front picture... didn't do evaluation, did you... two other paramedics? what do you mean evaluation. to identify injuries, wasn't mike in lead? myself and kevin treated zimmerman. wasn't mike there as well? on scene 14:26:41 when you did evaluation, noticed nose was swollen? yes very swollen. 14:26:52 explain, we saw the picture.... fairly and accurately depict face and nose? yes. may have even wiped it a bit... before that picture? I dont know 14:27:49 tell me what you see there as far as his injuries? the bridge of nose is swollen... off to his right or nose? both sides swollen... left side swollen as well? the entire area 14:28:21 what is that on the bridge of nose toward right eye, that little red spot? small laceration. note that as well? I did not. 14:28:40 how does someone get a laceration like that? I dont know 14:28:47 consistent with getting struck by a fist? it could 14:28:56 consistent with fist strike to nose? very possibly 14:29:11 injuries to left forehead, markings up there? abrasion 14:29:24 how that may have been? I cannot 14:29:31 agree separate injury than nose injury? yes 14:29:39 on the tip of his nose? blood... still moist in process of drying? yes. coming from where? nose. inside? yes. indicate to you? 14:30:11 as best you can, describe how a shot to the nose would cause bleeding like that? blood vessels would initiate bleeding. exist up in nose? yes 14:30:30 blood that breaks or escapes when laying on your back.... that injury laying on back, where would blow go? you would swallow it... 14:30:53 swallowing own blood? right 14:31:07 injuries on back of head... that night the same way? yes. cleaned them off? I did. lacerations an inch long each? approximately. not actively bleeding when you saw them? no 14:31:38 concerns with head injury... medical condition that may happen because of those injuries? asked if he lost consciousness... if he felt dizzy 14:32:15 concerned to concussive injuries? correct. concussion when head hit that way? correct. brain injury from that? possibly. something to be aware of? yes. only as treating him? yes 14:32:45 reasonable in your opinion for someone to be concerned about their safety? repeat 14:32:58 someone who got those injuries should be concerned with medical safety? possibly 14:33:26 did... what is the normal procedure for head injuries and getting them x rayed? transported to medical facility to be x rayed. take to hospital? if they choose to go. who makes that decision? if patient is awake they make it 14:34:05 left to non-medical personnel? we discussed and said happy to transport him, if he was going to receive medical care, police would take him. 14:34:31 had it not been for police involvement, suggest to that person to get x rays? happy to transport, but up to them 14:34:49 moment? YES 14:35:23 able to get up ... stood up without trouble, able to stand? sitting sideways in police car... door open and feet were out... said he had been dizzy, we asked him to stand up and he was able to stand up... with assistance of officer smith and paramedics? I dont recall if he was hand cuffed behind his back... recall Tim smith helping him out of the car when complaining about being dizzy? I do not... if mike helped him out? I do not 14:36:31 focus on injuries, clean and evaluate? yes REDIRECT 14:36:40 guy: observations, both physical and mental capabilities... concern about brain injury? I wouldn't make that determination. ever complain of anything other than dizziness? not to me 14:37:06 ever lose consciousness? not while we were with him. did someone else about that prior to arrival? I believe so. what did he say? I dint ask, I dont know 14:37:28 measure lacerations? no. approx. an inch is a guess? yes. defer to someone who actually measured them? to be exact, yes 14:37:50 MAY SHE BE EXCUSED? CALL NEXT WITNESS.... Tim smith 14:38:37 (sworn in) 14:38:57 guy: name? officer timothy smith. employed? Sanford pd. since? 2008. 14:39:12 how long in patrol? 7 years 14:39:20 February 26 2012, working? yes. standard patrol uniform? yes. traveling? in my marked Sanford police vehicle. alone? alone 14:39:38 respond to dispatch? yes I did. approximate time? shortly after 7 pm 14:39:49 nature of dispatch? suspicious persons. where before? approximately a 1 mile and a half away. respond? a few minutes 14:40:18 receive update on route? yes. shots fired 14:40:25 address to respond to? yes. what address? 1231 twin trees 14:40:39 where when you received the update? entering gates of community. how did you get through the gate code? dispatch 14:41:05 states exhibit 2, aerial photo? yes. show jury the complex.... 14:41:28 your location when you received dispatch? right here... the route you took/ down Rinehart to Oregon to the front entrance here 14:41:50 states exhibit 1.. aerial of complex itself? yes 14:42:01 where you went first when you entered the complex? through the front gates her, down through here... this is twin trees 14:42:21 went first to 1231, update to location? 1231 was what I was originally given.... where did you go? given update from address on retreat view, behind that location... recall address given? 2821 retreat view. where did you go? down twin tress, to retreat view, address in this area 14:43:18 as you were en route, stop anywhere and observe things or use flash light? I did... where? in between sets of town homes. what did you do? used spot light to shine down walk way... inside the car. what did you see? toward end of walk way at least one person standing outside 14:43:59 anything more? not from where I was 14:44:05 continue around to address? yes 14:44:12 where you parked and what you did? roughly in this area, went around to the left to go in between the town homes... lighting conditions? dark 14:44:33 flashlight with you? yes. use that? I did... weather? raining. got behind townhomes, see anyone? I did. how many? at least two standing and one on ground 14:45:02 where they were that were standing up? in this area here... person on ground? in grassy area to left of sidewalk 14:45:25 shine flashlight on person on ground? yes. how positioned? face down. see their hands? no I could not 14:45:43 learn that to be martin? yes. approach at that time? I did not. why not? in contact with gentleman on side walk 14:45:58 states 5, general idea of lighting conditions? yes. states 77, recognize that? I do. accurate depictions of body? yes 14:46:23 contact with who was standing up to be zimmerman? yes. see him here today? yes. standing to left? yes he is 14:46:46 did defendant have trouble standing? no he did not. appear to have trouble balancing? no sir 14:46:58 say anything to defendant? I did. what? asked him if he saw what happened. he said he did. asked if the subject on ground had been shot, he responded he did and he was still armed 14:47:26 have trouble understanding your questions? no. trouble understanding answers? no. 14:47:49 still armed, what did you do? I took my weapon and he complied 14:48:04 where was his gun? right hip 14:48:11 handcuff? I did. in front of in back? back. why? policy 14:48:20 remove gun from person? yes. in holster? yes. take gun or gun and holster? gun and holster. where did you put it? on me because I was not near my vehicle... tucked in between magazine and vest 14:48:53 inside pants or outside when he showed to you? I dont. see gun when you approached? no. see holster when you approached? no 14:49:14 what did you do with defendant after hand cuffs? in patrol car... trouble walking? no 14:49:33 Sanford PD respond in short order? yes. who first after you? officer ayala 14:49:46 what did he do when he arrived? went to attend to martin 14:49:55 recall any other officers going to martins body? yes. who? sergeant ramondo 14:50:13 wearing gloves when you removed gun and holster? I was not. 14:50:21 handle fire arm in special way? no sir. why not? not enough time 14:50:38 secure firearm? I did. how? removed magazine from firearm and locked slide to rear 14:50:52 remove magazine, semi-automatic pistol.. .locked to rear, round in chamber? yes. what happened? ejected. collect it? I did. keep all together with firearm? yes. put them? in my vehicle until I got a gun box 14:51:27 what's that? cardboard box to secure evidence. 14:51:36 what did you do with the ammunition and holster? also admitted into evidence... turn those over to wife Diana smith? correct. also called to scene? correct 14:52:10 states 154, examine that... recognize contents? yes. that would be hand gun, holster and magazine I removed 14:52:35 case information your hand writing, etc.? yes 14:52:41 for the jury's sake, hold up fire arm.... holster..... and the magazine and rounds 14:53:06 all of this you turned over to Diana smith? yes. crime scene technician assigned to case? yes sir 14:53:28 was fire rescue dispatched? yes. respond to scene? yes. examine and treat defendant? yes. what injuries did you observe? bloody noise, lacerations to head and contusions 14:53:56 did another Sanford police officer take picture? yes. who? officer mike Wagner 14:54:08 aware civilian took photo of back of head? not at that time. before you arrived? yes sir 14:54:33 states exhibit 6, is that another depiction of lighting? yes. states 34, recognize? yes. approximate area you parked patrol car? yes. states 132, photo of the entrance of the retreat? yes. states 133, recognize that to be closer shot of front entrance? yes. states 134, shot going into complex with clubhouse in the right? yes. states 135, what's that? front of club house. states 136, recognize? mail box kiosk 14:55:42 states 137, close up of mail box? yes sir 14:55:50 states 138, depiction of rear gate? yes it is 14:56:00 states 79, recognize? yes. the photo Wagner took of defendant? yes 14:56:11 states 76, depict defendants head or close to it? yes. 14:56:30 recall what defendant was wearing? red and black jacket and blue jeans 14:56:41 first made contact, jacket pushed up in any way? I dont believe so. tears in his jacket? no. what did you notice? the back of it was wetter than the front of it... covered in grass 14:57:14 condition of his pants? vaguely. blue jeans? yes sir. anything else? the back was wetter than the front 14:57:29 after rescue clean defendant, what did you do? transported to station. why? to be interviewed by criminal division. how long did trip take? roughly 15 minutes 14:57:56 while you were making transport did defendant say anything about injuries? felt he was light headed. what did you do? forward opportunity to go to hospital. asked him if he wanted to go... he said he wasn't sure what he should do... decided he didn't want to go to hospital 14:58:41 en route with defendant did he faint? no. arriving at the station, any injuries? no. park where? sally port 14:59:11 remove defendant from car, any trouble bouncing or walking? yes. still handcuffed? yes sir 14:59:26 walk with you inside station? yes sir. still handcuffed? yes sir. trouble walking throughout the station? no sir 14:59:39 are portions of interior surveyed by video cameras? yes. defendant arriving at station video? yes. fairly and accurately depict? yes. after he got out of car.. any blood in car? no sir 15:00:18 where did you take defendant after station? interview room 15:00:37 stats 192... composite. ANY OBJECTION? O'Mara: moment with council. 15:00:59 GOOD MINUTE FOR RECESS?... 15 MINUTE RECESS =================== 15:16:38 PLEASE BE SEATED 15:17:10 (zimmerman walking back in) READY TO BRING JURY BACK IN? yes. yes. 15:18:56 PLEASE BE SEATED. YOU MAY CONTINUE 15:19:04 guy: publish states 192 (playing the police surveillance video)... inside the sally port area? yes. that your patrol car pulling in? yes it is... is that you that just got out? yes sir 15:21:18 accurate depiction as he got out? yes. 15:21:39 (playing police video of the halls) you and defendant walking through? yes. 15:22:02 (playing another clip) again you and defendant walking through another portion? yes 15:22:25 take into interview room? yes. anyone in there? no. uncuff defendant? yes. offer a drink? yes. stay in with him? no. where did you go? rooms monitor by one way glass. see defendant? yes. watch until someone arrived to speak with him? yes. how long? 30-40 minutes 15:23:06 watching defendant did he lose consciousness? no. fall out of chair? no 15:23:20 anything that caused concern with health? no. who was it that arrived? investigator 15:23:37 where were you when they were speaking? one way glass.. hear it? not enough to make it out 15:23:51 that's all I have CROSS 15:24:01 O'Mara: afternoon 15:24:07 how long an officer? since 2005. training? attended law enforcement academy. how long? 700 hours 15:24:23 taken any other courses community college? attended Seminole state college 15:24:35 what type of courses? general education. focus on criminal justice? not at Seminole state, no sir 15:24:50 how long did you want to be a cop? since I was little. life goal? yes. why? enjoy helping and educating 15:25:07 protect and serve, goal of yours? yes sir. noble goal? yes. enjoy it? yes sir 15:25:23 can't enjoy when you get a shots fired called, concerning? yes sir. 15:25:32 radio and get call of disturbance? suspicious person. shots fired? yes. what do you do then? you wait for a little more information, officer safety issue 15:26:06 came in did the circle and were able to shine a light down that alley way toward the event? yes. noticed one person to the end? yes. tell who it was? no 15:26:30 pull up car, get out and take out... how do you equip yourself? due to lighting I grabbed a flash light 15:26:48 another officer had flashlight on gun? yes... but I used an actual standard flash light 15:27:03 heading over toward the scene, know that was the scene it occurred? no sir I did not... came up on scene, did you take out revolver? not at that point 15:27:23 see what? zimmerman on sidewalk, somebody with him, and trayvon lying in grass 15:27:35 walkway that you were on..? sidewalk makes a t 15:27:45 where near the T or how far down from the T? came around side of building top of T, 30 ft. from intersection 15:28:02 close by to martins body? yes. within feet? yes. what was zimmerman doing? standing on side walk. look toward you coming at him? yes. anyone else present? may have been, not sure 15:28:31 flash light on zimmerman? yes. could you tell his clothes? yes 15:28:40 see injuries to his nose? yes 15:28:49 similar as to the picture we saw? yes. more at that point? correct. eyes were watered? yes 15:29:04 both eyes? correct 15:29:08 what did you say to him? asked if he seen what happened. he said yes. appropriate, anything wrong with response? no. he saw that he shot and he was still armed 15:29:36 response at that point? at that point is when I unholstered my service weapon. take it out? yes. protocol? yes 15:29:59 pointed at him? yes. appropriate? yes. not pointed because of immediate threat he proposed to you? no. he was completely cooperative? yes 15:30:22 on him to take care of situation? yes sir. 15:30:28 what did you next ask him? telling he was armed.... 15:30:44 gun on his right hip, so this jacket is longer but if we flipped it up? hands going up and leaning over.... gun was exposed? correct. jacket didn't cover gun by more than a few inches? I dont think so 15:31:20 small movement exposed gun? correct. 15:31:35 if he had a cell phone in hand or not? I dont recall... 15:31:45 kept hands in air? yes. what do you do at that point? I asked zimmerman to put hands on top his hand and interlock his fingers, holster again and secure his hands. protocol? choice 15:32:15 resist? no. turn him around or go behind him? I was behind him... take one get it back and then the other one? correct. 15:32:37 what percentage offer resistance? Object! Relevance of anyone else SUSTAINED 15:32:53 have you had others resist? Object! Same! Rephrase it 15:33:04 did zimmerman offer any response to you cuffing him? resistance? no 15:33:20 complied with that command immediately? yes. and completely? yes 15:33:33 secured... able to secure fire arm? yes. at that point your focus even more saw than others involved is to secure fire arm? correct. just grabbed the gun, in perfect world would have gloves... necessary for circumstances? yes 15:34:13 at that point, is your first contact to zimmerman, seem angry? no. seem frustrated? no. see spiteful of anything going on? no. ill will or hatred at all? no 15:34:40 any concern about him at all except his injuries? no sir 15:34:48 even though he had obvious injury to nose, any to back of head? while securing him, yes... see blood dripping down back of head? correct. with those, seem agitated? no 15:35:12 testimony that he was seemingly calm? yes. having just gone through what he went through and shot somebody, did his behavior seem strange? no. usual? I wouldn't say usual 15:35:44 was it particularly unusual? no. even for circumstances? no sir 15:35:54 didn't think he was... come across as being cavalier? no. uncaring? no. fairly appropriate for what he had gone through? correct 15:36:13 secure gun and then? had zimmerman have seat in rear of patrol car 15:36:24 walk over... another officer? yes ayala 15:36:47 ayala took over other person? yes. 15:36:53 as you were going, anything else you recall zimmerman saying? not before... 15:37:05 walking toward car, utter to you something? he was yelling for help and that nobody would come help him. 15:37:28 a few minutes... as long as it took what we just talked about? correct 15:37:37 secured gun, walked toward car? yes. during that walk, almost immediately that he uttered to you? not very long. said to you twice? correct. after you got to car? correct 15:38:02 how he said that? almost a confusion.... confused look on his face 15:38:20 like he didn't know why nobody would come help him? Object! SUSTAINED 15:38:32 he was confused? correct 15:38:44 testified about condition.... also said back of jacket was wet... raining on and off that evening.. was back more wet than rest of body? yes. as if lying on grass? that's right 15:39:16 piece of grass on back? yes 15:39:23 blue jeans, back were wet as well? a little bit darker.... he had been laying on his back... and jeans were wet as well 15:39:57 stayed with him the entire time? yes. there when medical treated? I was 15:40:11 did he say anything about facts of the case to medical personnel? no sir 15:40:22 first arrested him, retain him... ask for lawyer? no. ever ask for one? no sir 15:40:37 car medical personnel deal with him, waiting for them to finish so you could transport him? correct. mainly reason for waiting around? wait to see if they decide to transport or not 15:41:03 how is that accomplished? through paramedics. crowd of paramedics 15:41:21 in the back of your car, legs out and paramedics attending? correct. which paramedic made decision to transport or not? I dont 15:41:41 impact on that? no 15:41:48 left in their hands? yes sir 15:41:52 released to you? correct. put him in back seat of car.... help him get up out of the car.... still cuffed.... he's acknowledged having shot somebody not going to release just yet? correct 15:42:34 medical personnel wanted him lifted up, help lift up? no. if another helped? I dont recall. maybe two paramedics lifted him up. do you remember that happening? I remember him standing up... dont know who helped him 15:43:07 conversation about feeling light headed? light headed and had headache... consistent with injuries? yes. call over to Sanford PD to figure out what to do with him? I called a supervisor who was on scene... who? sergeant McCoy. conversation? explained his comment and she said if he wanted to go to hospital take him there. 15:43:54 discussion with zimmerman, expenses of hospital would be on his shoulders... I dont recall that 15:44:06 doesn't cover expense if he goes? I dont think so 15:44:14 seen pictures.... after cleaned up? correct. pictures taken after midnight? I dont know what time, but after 15:44:31 after initial interview? correct 15:44:39 who cleaned him up? at the station given water and tissues. to clean himself? correct 15:44:54 first with blood to the one where blood was gone? fire department on scene and at the station 15:45:14 ever a time at Sanford PD where there was any other videotaping of him? not that I'm aware of, no sir 15:45:29 ever a time where he needed physical assistance, leaning against wall? no sir 15:45:49 watched him for 30-40 minutes before they talked to him? correct. watched that interrogation or interview? yes. was he cooperative? appeared to be. lawyer there? I dont know. had he asked for one interview would've stopped? correct. moment? YES REDIRECT 15:46:54 asked if when you came into contact he seemed to be angry or frustrated and he was not? correct. 15:47:07 do you know what was going on in his head when he shot martin? Object! Speculation SUSTAINED 15:47:23 what was going on in his head? Object SUSTAINED 15:47:38 fire arm visible like this? yes. fire arm visible near martins location in that lighting? I dont know 15:47:54 offered defendant tissue? yes. did anyone else clean at the station? not that I saw 15:48:08 publish one more photograph 15:48:27 states 46, is that fair and accurate of defendant at police after cleaned up? yes sir... evening on 26th? yes sir RECROSS 15:48:55 suggested maneuvering, lifted up left arm, you testified the gun was on right side? correct. 15:49:12 no question in your mind the gun was located on right hip? no I dont 15:49:21 left arm was just a mistake? correct 15:49:28 MAY OFFICER SMITH BE EXCUSED?...CALL NEXT WITNESS..... lindzee folgate 15:50:44 (sworn in) 15:51:34 rionda: name? lindzee folgate. occupation? physician. employed? Altamonte family practice 15:51:59 education? physician assistant. I underwent 4 years in undergrad, 2 yrs. at UF for masters. when? June 2006 to June 2008 15:52:33 was in physician assistant studies? correct. certified in Florida? yes 15:52:44 explain what you do? physician assistant, master's degree different than nurse... medical model, purpose is to have direct patient contact. different than doctor? physician is 4 years and then a residency... 2 year program didactic school.. and then clinical 15:53:36 able to do everything a doctor does except? cannot sign off on controlled substances 15:53:52 own patients? I do. how long at Altamonte family practice? April 2011 15:54:11 come into our office... paperwork... insurance verified... chart taken back... medical assistant gets chart and gets basic note of why they were being seen 15:54:48 involved with patient? yes 15:54:52 patient of zimmerman? he was. see him here today? I do. person who stood up? yes 15:55:13 first contact was on august 19, 2011? correct 15:55:22 dealing with him first time history obtained? yes. review information to make sure you document everything? yes 15:55:51 introduce at this time, states exhibit 195... august 19th 2011....O'Mara: approach on that? (sidebar) 15:58:46 MATTER OUTSIDE YOUR PRESENCE, NOTEPADS FACE DOWN.. FOLLOW TO JURY ROOM 16:00:16 (witness leaving court room) 16:00:31 DISCUSSING STATES EXHIBIT 195.. OBJECTION IS TO RELEVANCE OF CERTAIN PORTIONS 16:00:45 O'Mara: testify what she remembers, medical records to recollect... shouldn't be admitted though.... if in fact they are allowed, redacted more severely... only ones not redacted are the injuries and exercising... short of that I dont think any other words, comments, or history would be relevant or admissible 16:01:48 rionda: august 19th treatment of this defendant, establish.... ok with testify but doesn't want it to come in... O'Mara: one sentence....... relevancy tot his case... two sentences they.... 16:02:46 COME UP TO BENCH AND WE CAN GO OVER THESE PAGE BY PAGE.... (sidebar) 16:26:53 GET MS. FOLGATE BACK IN THE COURT ROOM... 16:31:24 BRING THE JURY IN.... 16:32:31 PLEASE BE SEATED... CONTINUE RIONDA 16:32:39 you having zimmerman as prior patient, august 19th 2011? correct. 16:32:57 part of your contact, history? correct. 16:33:05 obtain history spoke to him? yes, come with history so we know what it may be. 16:33:23 states 195... recognize that exhibit? yes. 16:33:37 highlighted certain parts I want to ask about.... 16:33:46 that record indicates patient of yours... George m zimmerman, race white? yes 16:33:59 date august 19th 2011? yes 16:34:10 first highlighted part? seen in office to establish care, refer from insurance provider. difficulty with falling and maintaining sleep, started MMA and that didn't help 16:34:55 highlighted in yellow? patient here to establish care... list of insurance providers 16:35:22 September 23rd 2011... states exhibit 196? yes 16:35:43 treatment... contact again that day? correct. 16:35:57 on that day also... gathered George m zimmerman, male, white, sept 2011? yes. social history, exercise? Mixed Martial Arts 3 days per week 16:36:46 states exhibit 194... seen him on February 27th 2012? correct. 16:37:25 exhibit in front of you? correct. reference on pg. 2 stuff that's scratched out... dont read that 16:37:43 dealt with him on that day at what time? 11:02 am 16:37:52 recall specifically meeting with him? I do remember that day yes. see him in terms of treating him? correct 16:38:18 moment? YES 16:38:28 on that date when you treated him, did you... history obtained for what he was there for? yes. same? noted on the notes and then discuss him concerns 16:38:47 history taken by medical assistant? exactly 16:38:58 the way you would've dealt with him.... print out of combined records... start at beginning... first contact what did you deal with? on this visit? yes... February 27th 2012 11:02 am 16:39:31 the patient brought back to room, vitals and history... review that, enter room we discuss his complaints he was there for 16:39:51 vital signs first? yes. then patient is here for...? correct 16:40:04 page 2 of those records... here for what? a return note for work... in fight 2-26... punched in nose, two lacerations, 911 was called and EMT said patients nose was broken. telling medical assistant? correct. fight on Feb. 26th 2012, punched in nose, two lacerations in back of head.. EMT said nose was broken? correct 16:41:04 reviewed that and had contact with him? correct. history of present illness? that's where I would begin 16:41:20 talked to him and he tells you ailment and you treat it? correct 16:41:28 what he tells you? talking during that time .... involved in altercations, assaulted, head hit in pavement... weapon and fired at attacker killing him... evaluated by EMS at scene, lacerations clean... denies being taken to hospital.. returns to work and they said he needed a note to return 16:42:17 statements as to what happened and why he's there? correct. nasal pain? correct. 16:42:34 tells you history and you diagnose? ask questions which we clarify.. review of systems, confirm or deny symptoms... then determine 16:43:04 review of symptoms? asked if he had headaches, slurred speech, vision, vomiting, abdominal pain.... review any other symptoms that may have been involved 16:43:40 denied HA? headache. change in VA? visual acuity. denied slurred speech? talking any more abnormal than normally. denied dizziness? off balance. gate abnormality? walking fine... walking as if you were drunk or staggering 16:44:33 admits to occasional nausea when reflecting on that night, no abdominal pain.... not from abdominal, more psychological 16:45:08 the SI joint... tenderness on left side since altercation 16:45:21 denies numbness? follow up question on anyone with SI joint tenderness... 16:45:39 drop down on computer,... denies fever and chills? correct. 16:45:57 ears, nose, mouth throat? nose pain, but no hearing loss or ringing in ears. 16:46:11 significance? trauma he sustained would there be any significant complaints 16:46:39 cardiovascular? denies abnormal irregular heartbeats... denies shortness of breath 16:47:10 admits skin lacerations... admits to head trauma based on story, but denies other head occurrences... admits to stress, but not suicide.... 16:47:45 significance? more concerning or lead me to down another line of questioning 16:48:00 no concerns in terms of not losing consciousness, no problem concentration or weakness or headaches? correct 16:48:18 complained of those, what steps? based on physical exam and take those into considerations 16:48:37 at this point, no concern regarding that? less concern based on what he's telling me 16:48:51 next to physical exam 16:48:54 cover that? first part is general appearance... no acute distress.... physical shortness of breath... obese, height and weight. 16:49:23 height and weight? 5'7.5" 204 lbs. 16:49:42 obese... based on? body mass index... 16:49:55 next sentence there? alert and oriented, appears stated age... take that into account given head trauma 16:50:15 head... symmetric... two scalp lacerations 16:50:34 significance of measurement? the significant means two cut to back part of head.. measured to have documented 16:51:04 two centimeters and .5 centimeters? yes. 2 cm is this big and 0.5 is much smaller 16:51:27 review of those lacerations, anything additional needed to be done? based on how well skin is approximated and how deep... based off of approximation, no sutures necessary 16:51:57 laceration vs. cut? laceration is basically a proper term for cut 16:52:08 not deep enough for stitches? correct 16:52:18 skin edges were approximated well? correct 16:52:27 eyes? pupils are equal round and reactive to light... normal movement in each direction 16:52:49 the white parts of eyes... no injection, but noted he had bilateral black eyes... skin discoloration to bottom portion of eyes 16:53:12 any other trauma to head? I did not at the time, I did not recall 16:53:24 ears nose mouth and throat? folds between nose and mouth... swelling and bruising... no evidence of sepal deviation, no bleeding in nose, no blood behind ear drums, no evidence of tonsils 16:54:10 septal deviation? alignment of nose... straight? correct. damaged? not on visual inspection, no 16:54:32 everything else seemed normal? correct 16:54:37 tender left SI? correct. about that? space located in the center of your butt 16:54:56 gave him medicine for complaint he had? yes. Lowdean, anti emphlamatory 16:55:16 bandages? one covering them. remove to see them? correct 16:55:28 he said EMT told him it was broken? what I was told... nose broken on your examination? likely, hard to say definitely no x rays though.... broken nose could be made clinically as well and that's the black eyes we saw 16:56:02 it is or isn't or you dont know? can't say definitively, but clinically appearing yes 16:56:47 plan decision making process? yes... 16:56:57 scalp lacerations, no sutures needed? nope. no stitches 16:57:08 broke nose, likely but not appear to have septal deviation? correct 16:57:22 your there, recommend something about broken nose? he see an ENT specialist. told me at the time he was not going to go to ENT 16:57:54 regarding SI joint pen, suggestions? lowdean, heat, ice and massage 16:58:18 seen him 3 times and other times... prior occasion of back pain, recall? yes. treat him? related to constipation 16:58:39 moment? YES YOU MAY 16:58:49 laceration to head, two of them... how do those bleed in distinguishing a cut from somewhere else... head bleeds more? scalp is very vascular.. scalp laceration can bleed more than other parts of body 16:59:23 if they dont have hair? less noticeable because there would be hair blocking that area 16:59:39 cushion or not notice? possibly both... mixed up with hair CROSS 17:01:13 O'Mara: good afternoon 17:01:21 patient for a while before event? correct 17:01:27 start with last question, did not have back pain caused by back injury before event? no. internal back pain? yes 17:02:02 focus then on that night... 17:02:20 is this close to how presented to you that day? from what I recall similar 17:02:38 this was taken night before, maybe 12 hours before you saw him... pretty similar? fairly similar 17:03:04 seen this before? I have not. 17:03:09 if this person presented himself to you... looking like this, what would you have done? we would've cleaned the wounds to better evaluate process 17:03:33 look at this photo instead of other one, focus attention to nose area? Objection! Relevancy and Speculation. LET ME HEAR THE REST OF THE QUESTION 17:03:58 swelling gone down since this picture? decreased slightly 17:04:09 four hours difference between this picture and that picture... normal receding of swelling? depends on what he's using to keep swelling down 17:04:29 injury of this significance to look like that 5 hours later? yes it could 17:04:43 in this picture the nose is in fact more swollen that that one? appears to be... body naturally tries to take care of itself... 17:05:08 body recovering... depends on what your using.. 17:05:17 may look as though it's a bone protrusion, not actually a bone protruding out there? unlikely.... 17:05:34 swells up at point of injury? it does, it can... because of trauma of hit? it can 17:05:48 body swells up in area of trauma? reacting to something that happened, blood rush, more fluid under skin... 17:06:10 lymph fluid and white blood cells? they can... 17:06:20 bleeding happening indicates broken blood vessels? it can.. likely bleeding in the nares if you see it coming down the nose 17:06:48 gravity will pull it down... on back? swallow down throat 17:07:01 as it goes back down the sinuses, goes into back of throat? it can... swallowing your own blood? you can 17:07:22 swelling that we spoke about is initial reaction to trauma... last only a few hours? depends on level of trauma and patient 17:07:38 diminish that the body was traumatized? no... 17:07:48 natural reaction to begin healing immediately? correct 17:07:58 cleaned up after blood was removed 17:08:13 larger laceration here? appears to be, but blood surrounding area... clean it up its better 17:08:29 seen this before? I have not. 17:08:36 would the scalp bleed in fashion like this? it can... scalp is vascular... bleed down back like that? gravity 17:09:02 other picture of zimmerman that night... 17:09:15 see that photo? I can. note additional areas or swelling that you didn't notice on physical evaluation? anything in this area of swelling? swelling there that I can see 17:09:46 resolve itself between the 12 hours you saw him? could have yes 17:09:56 misshapen area? yes... scalp hematomas... how does that occur? trauma to head, collection of blood or fluid there 17:10:26 smash my head here, cause blood of lymph system? yes. similar to nose, go there do its job and recede? correct... that's what caused it here/ it could 17:10:58 what is the potential outcome from head trauma like that? depends on physical exam of patient... any sort of head trauma can result in internal injury, bleeding into brain 17:11:28 that may be not have external notice correct? an epidural or subdural would be below the skull... hematoma is outside the skull between the skin 17:12:13 can have injuries like this cause that? not those lacerations, but trauma 17:12:36 skull smashed on concrete sufficient enough to get that injury... cause subdural epidural? could depending on impact 17:13:02 below the skull where the brain is? correct 17:13:08 reason you do what you do to make sure he can focus eyes and speak... may be brain injury? correct 17:13:23 charge is to rule out possibility, but agree it exists with injury like this? it can, yes 17:13:38 see the swelling again? correct 17:13:59 see that injury or occurrence up there? abrasion of scalp 17:14:11 call that punk tate bruising? can be, depends on surface... abrasion is thick layer coming off... punk tate injuries are blood vessels small capillary injuries... way to occur is flat concrete? it could... if hit on concrete the rough surface could've caused that... consistent with concrete? can be, with other surfaces as well 17:15:17 come to you and say he had that injury because of concrete? Objection! Speculation SHES ALREADY TESTIFIED TO THAT 17:15:40 injury there? I dont recall. what is that? scratch or abrasion of skin 17:16:00 look up here at that injury there? swelling there... another bruise? hard to tell if its discolored, does appear to be swelling. bump on head? correct. come from hitting head on any surface or being struck by something 17:16:39 punk tate? I can see that. 17:17:05 do you see this area right there of swelling? hard to tell from side view. see this here? Objection! Leading! SUSTAINED 17:17:34 see anything in this area that I'm circling? abrasion there 17:17:46 consistent with head being hit on concrete? it can be consistent with that 17:18:02 abrasion you identified earlier? appears to be.... going back, area of swelling? does appear to be swelling, take into account of physical exam 17:18:31 may well have resolved itself in 12 hours before? it could potentially have 17:18:44 this area above his left eye? slightly shaded, possibly another abrasion... lacerations here? I can see those yes 17:19:05 area with misshapen skull? appears to be yes 17:19:17 look at this side, right side of skull... here? swelling with abrasions noted before... here? additional abrasions. come from own strike upon something? hard to determine. one up here? difficult to determine... better view of misshapen area from this perspective? better of skull itself 17:20:17 testified to these areas and bruising up here? correct 17:20:39 close up of area of lacerations... describe what you see here, additional areas around lacerations... consistent with trauma 17:21:01 caused laceration and compression injury? could cause the swelling 17:21:15 consistent with concrete? could be.. yes 17:21:20 head hit on concrete, consistent with injuries? I would 17:21:41 report itself, rionda went over... high points on it... his vital signs, 130/80? correct. concern for 28 yr. old? slightly high, never had a problem before... not a good high blood pressure? 180/20 or less, but not a concern at 130... pulse high 17:22:32 evidencing what? stress, trauma, heart... cardiac condition 17:22:48 not in top shape? not where we like it to be. BMI? 31.48... clinically obese? correct... not healthy? correct. not athletic? not at ideal range of standards 17:23:24 gone through injuries, SI injury... consistent with falling on back or butt? it can't be... SI is? sychro iliad. at base of spine? where each side of buttox are... one on each side. SI through trauma or fall, improper stretching technique or athletic performance 17:24:24 hit in nose by attacker? correct. consistent with these injuries? that would be 17:24:36 SI injury consistent with being thrown on ground to back? it would be. 17:24:50 only way to really identify if nose is broke is with x ray? definitive way 17:25:03 easier to be conclusive if you saw septal deviation? clinically, could possibly be more definitive answer 17:25:21 break? correct... need to have x ray for accomplish? correct. refer to ENT? correct. to document what you couldn't? correct 17:25:48 wasn't going because of high deductible on insurance policy? I dont remember a conversation about cost 17:26:01 conversation about cost? I dont recall... may have had in conversation, but I dont recall 17:26:17 needed to see ENT for nose injury, better than cleaned up picture? correct 17:26:44 also suggested that he should get psycho consult? correct. why? already seeing one and if you go through ordeal he told me I would recommend anybody see a psychologist 17:27:13 make certain you would document injuries with being attacked? I dont recall.. reporting as they exist? yes. not looking for medical reason for injury? did not appear that way. document by your evaluation and the injuries existed? they did 17:27:49 psychological concern existed as well? yes, for anybody who was concern with that 17:28:03 supported by injuries he showed to you? supported by that 17:28:17 didn't note in the cleaned up picture any black eyes? I didn't notice them from picture 17:28:32 as the body begins to heal, rushes to area of trauma and recedes... timeline on eyes to go black? more apparent on later date... swelling and then swelling recedes and then black eyes 17:29:01 residual blood that escaped capillaries in the soft pockets? correct. no black eye a moment or two after punch in nose? not that quickly 17:29:22 consistent that when you saw him at 11 am his eyes would be blacken? could be... consistent with what I saw in my exam 17:29:52 was he trying to make up or document significant injuries and you said he wasn't? not from my impression. minimize injuries and get it behind him? I dont recall that per say that certain effect 17:30:47 bandage, appropriate for that injury? fine given that scalp lacerations weren't that deep 17:31:07 didn't look at that and wonder why would someone put bandage on injury? no... appropriate to keep them covered 17:31:30 make sense as nursing student to cover an open wound? Objection Speculation! SUSTAINED 17:31:47 saw those wounds, would you clean and put bandages? if the patient wanted a bandage, no problem to keep debris out of area 17:32:07 talked about what happens when you fall down... I may not get as injured because I have hair opposed to someone who does? depends on thickness on hair, not any less injured with having or not having hair 17:32:41 injuries are what they are? yes. inflicted those injuries knew how much hair was on body? Objection! SUSTAINED 17:33:01 asked zimmerman if he cut his hair in past 14 hours? no. 17:33:12 moment? YES REDIRECT 17:33:42 O'Mara: shape of the head, we all think head is perfectly shaped? not always true 17:33:59 everybody's head shaped is different, dont notice because they have hair on their head 17:34:13 bump may be preexisting? correct 17:34:31 those were all stuff that occurred the night before? hard to determine based on photo... would take physical exam as well 17:34:50 my point is, you saw him as a live person... looked at head? yes. you didn't glance, actually looked? yes. only saw two lacerations? that's all I noted... didn't notice this trauma? didn't document, but I dont recall any swelling. 17:35:30 note any swelling? those were the only two I noted 17:35:39 all trauma caused... cleaned up by the time he saw you? swelling was minimized... took an aspirin or two or natural? depends... natural or things you are using 17:36:07 not severe trauma? two scalp lacerations and I'm basing that on his complaints when he came in 17:36:28 only noticed those two lacerations? things I was looking for most because that's what we discussed personally 17:36:44 dizziness and consciousness, ruled out? based on what he tells me and my exam. ruled out? he was neurological in tact 17:37:11 brain injuries? doesn't mean he didn't, but doesn't mean he did 17:37:33 wasn't complaining of trauma? just the lacerations and his head being struck against the ground... looking at based on physical exam everything was intact... didn't order additional testing 17:38:02 also mentioned the signs to look for, didn't acquire additional testing 17:38:18 minor cleaning? cleaning to the area and then again dont know definitive answer to nasal area... recommended to go to ENT and he wasn't going? correct 17:38:42 didn't have insurance, dont recall that? I dont recall that discussion 17:38:55 notated... records Feb. 27th he came in for note for work? correct 17:39:10 didn't come in with head injuries, can't walk or function? concern was needed to return to work 17:39:29 psychological, already seeing one? yes 17:39:57 going back to august 19th 2011, first contact with him? correct. exercise routine? correct. MMA? correct. Objection! Outside scope SUSTAINED NOT BROUGHT UP IN CROSS. rionda: approach the bench? YES YOU MAY 17:42:08 rionda: zimmerman talked about MMA 3 days a week and 3 hours a day? correct 17:42:37 what kind of symptoms would you expect from gunshot? Object! SUSTAINED. nothing further RECROSS 17:43:06 O'Mara: he said aerobics? that's written on sheet, but I talked to him in the office... when I asked which aerobics he said mixed martial arts 17:43:36 agree that whatever he did to stop the attack, allowed him to survive it? could have potentially 17:43:52 stopping allowed him to survive? it could have RE-RE-DIRECT 17:43:59 rionda: speculation on your part? I wasn't there, I dont know exact trauma 17:44:13 YOU ARE EXCUSED. RECESS FOR EVENING AND WEEKEND.... ADVISE YOU NOT TO DISCUSS WITH OTHERS. NOT TO READ OR LISTEN TO REPORTS. NOT TO USE ANY TYPE OF ELECTRONIC DEVICE. NOT TO READ OR CREATE TEXT MESSAGES SOCIAL MEDIA. ASSURANCE? yes. HAVE A GREAT WEEKEND 17:45:32 PLEASE BE SEATED. ANYTHING WE NEED TO TALK ABOUT BEFORE RECESS... O'Mara: your honor we...... (attorneys speaking with each other) 17:46:36 I NEED TO MAKE SURE 194, 195, 196 WILL BE HANDED TO COURT. 17:47:11 ANYTHING ELSE? O'Mara: might need court intervention for a couple minutes, give alternatives and come back at 9... COME BACK AT 8:30 MONDAY MORNING AND THEN AN EXTRA HALF HOUR TO SET UP... yes. yes. BACK AT 8:30 ON MONDAY. COURT IN RECESS THANK YOU George Zimmerman's defense attorney insisted during several testy exchanges with a key prosecution witness Thursday that Trayvon Martin injected race into his confrontation with the neighborhood watch volunteer and insinuated the young woman was not believable because of inconsistencies in her story. However, 19-year-old Rachel Jeantel stood firm in her testimony that Martin was the victim of an attack by Zimmerman. Another witness, Selma Mora, testified through a translator that she saw a person in red on top during the scuffle at one point. Zimmerman was wearing a red jacket that night. Mora says she asked person on the bottom, "what's going on?," but got no response. Zimmerman's defense has said that Martin was on top of him, punching him and smashing his head on the concrete.