Lo AL 12 13 1a a5 16 17 18 19 20 21 22 24 25 IN THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT, IN AND FOR DUVAL COUNTY, FLORIDA. CASE NO: 06-18432-CFA DIVISION: CR-H STATE OF FLORIDA -vs- ANTIIONY CRUEL, . Defendant. SYATE CF FLORIDA } COUNTY OF DUVAL }) Gury Selection and Trial before the Honorable Charles Arnold, Judge of the Circuit Court, Division CR-H, as cause in this matter came to be heard on the 20th of August, 2007, before Karen B. Strollo, a Notary Public in and for the State of Florida at Large and Registered Professional Reporter. APPEAL NO. 1D07-5770 VOLUME III OF TV exriatT |S) PAGE #3191e a 12 13 oc 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES: MARK CALIEL, Bsauire, Assistanc State Attorney, appearing on behalf of che State of Florida. ANTHONY ROSATI and OTTO RAFUSE, Esquires, appearing on behalf of the Deferdant. Official Reporters, Inc. PAGE #32010 a 12 13 aa 15 16 17 18 19 20 107 A Yes, sir. 0 And when was it you first made contact with the vehicle, the suspect's vehicle in this case? A When the suspect was inside Roosevelt Gardens cen Lincoln Court Road. Q Approximately how far away from you was he when you first made contact with him if you can estimate the distance? A - Roughly 8th of a mile. Q Is your radar operable and functioning at that discance? A Yes. Q Before you used your radar did you make an attempt to visually track or determine the speed cf that vehicle? A Yes, I did. Q What was your estimation of the speed of the vehicle when you first made contact with the vehicle? A Estimated speed to be 20 miles per hour. @ From the 8th of the mile distance that you were operating at the time when you firs: made contact with tke vehicle, covld you even tell who was inside the vehicle? A No, sir. @ Could you tell how many occupants were inside Official Reporters, Inc. PAGE #32110 an 12 13 14 1s 16 a7 18 a9 20 aL 22 23 24 25 the vehicle? A Q per hour, radar? Q in excess A Q A Sheriff's that area Q Nobles where was Officer Nobles at that time? A Q Officer Nobles visually, could you see where he was? » Oo >» Q sign where Davis Street rurs into 15th and Lincoln No, six. 108 After you visually tracked it going 20 miles did you confirm that with your stationary Yes, I did. What did it confirm to? To 18 miles per hour. What did you do once you confixmed the speed of the 10 miles per hour posted limit? alerted Officer Nobles. who ia Officer Nobles? officer Nobles is a police officer with the Office who happened to be out on patrol in on that particular day. When you got on the radio and alerted Officer Was inside Roosevelt Gardens. And did you eventually come into contact with Yes, sir. When was that, sir? ‘As he was coming up toward the stop sign. Located here on this diagram is there a stop Official Reporters, PAGE #322 Inc.10 un 12 13 14 1s 16 17 18 19 20 21 22 23 24 109 court? A There ien't, but if there was one it would be xight here as the Lincoln Court and Davis Street intersect. Q = And as the suspect vehicle came in your direction Officer Nobles was behind him? A Yes, sir. Q Was the traffic stop eventually conducted of the suspect vehicle? A Tt was. Q Where was it conducted? A 13th Street. Q Does this diagram here accurately show the path of travel of beth suspect vehicle and you and Officer Nobles during the course of the traffic stop? A Yes, sir. Q You can retake the witness stand. What type of vehicle are we talking about here? A IE I'm not mistaken it was a Lincoln. @ And who was the initiating officer of the traffic stop? A OEEicer Nobles. Q Did yor assist in completing that tra‘ stop? Official Reporters, Inc. PAGE #32310 a 12 13 14 1s 16 17 18 19 20 22 22 23 24 25 220 A Yes, sir. Q When the traffic stop was conducted by Officer Nobles were his lights initiated during the course of the traffic stop? A Yes, sir, Q And at some point and time did you and Officer Nobles approach the suspect vehicle in an attempt to conduct the traffic stop? A Yes, sir. Q How was that done, which side of the vehicle did you and Officer Nobles each approach tke vehicle? A Officer Nobles made contact with the defendant on the driver's side, I stayed on the passenger side. Q About what time of day was it at this time? A Barly evening. Q Was is starting to get dark? A Yes, sir. Q As you approached the vehicle did you have any concerns or what was your concern as the assisting Officer as Officer Nobles approached the driver's side? A The fact the defendant was leaning down with his hands arourd the passenger side of the seat area. @ You observed this? A Yes, sir, Official Reporters, Inc. PAGE #32410 1 12 13 14 1s 16 17 18 19 20 aa 22 23 24 Q Where were you positioned when you observed the driver of the vehicle leaning down towards the passenger floorboard area? A Up around the sidewalk on the passenger side of the defendant's vehicle. Q Did you and Officer Nobles try te communicate to each other this observation? A Q I'm sorry? Did you try to communicate this observation to Officer Nobles? As he turned around and was headed back to his patrol car, A Q A it was more of a look, Yes, sir. How did you make attempts to do chat, sir? As he -- more like a look than anything else. back at the car. Q When assisting a traffic stop of this nature, kind of a nod of me looking is it important for assisting officer to maintain visual contact and the driver of the suspect vehicle? too, And did Officer Nobles acknowledge that he, A Yes, air. Q Why ia that? A Safety concerns. Q saw that? aA He gave me, like, a sign that would lead me Official Reporters, PAGE #325 Ine.10 ul Fe a as 16 17 18 19 20 at 22 23 24 2s a2 to believe he did, yes, sir. Q Did you make contact with the suspect initially? | A Initially, ro, sir Q Did you maintain yourseif on the passenger side of the vehicle during the course when Officer Nobles made contact with the suspect? A Yes, sir, I did. Q At some point in time did the suspect become angry and belligerent? A He did. @ Could you describe his actions for me, please, sir? A Seemed to be upset, his voice was raised, foul words being thrown out. I really couldn't hear exactly what was all being aaid word for word between him and Officer Nobles. At that time Officer Nobles started walking back to his patrol car. 0 What action did you take at this point and time? A I left the sidewalk area and walked over to the defendant's door, driver's door. Q And did you come face to face with the defendanc at that point and time? A I did. Official Reporters, inc. PAGE #3261s 16 17 18 19 20 aL 22 23 24 25 113 Q@ Do you see the individual seated here in the courtroom today? A Yes, siz, I do. Q Could you please point him out, describe what he is wearing? A It's the young man with the green colored button up shirt and stripped shi MR. CALIEL: Your Honor, may the record reflect the witness has identified the defendant? THE COURT: [It will so reflect. BY MR, CALLEL: Q Now, Officer Terrell, obviously the defendant has some medical conditions here today with his mouth and his neck area, were those present at the time when you made contact with him on December 10th? A No, siz. Q What did you do to try to placate or sort of calm down the situation when you approached the driver's vehicle? A Began speaking with the defendant Q What did you tell him? A ‘Tried to explain to him the nature of the stop. What was ali going on, initially he wasa't trying to hear me, didn't act like he was trying to Official Reporters, Inc. PAGE #327ay 18 19 20 21 22 23 24 28 4 listen to what I was trying to explain to him about what was going on. Had a lot of traffic up and down 13th. Advised the defendant if he chose for me to Einish explaining to him what's going on, be happy to, he could step over to the sidewalk with me for my safety and we would discuss what was going on and the reason of the delay of the traffic stop. Q = Why did you ask him to step out of che vehicle? A My back was to traffic and chere was a lot of going on up and down 13th Street, for my safecy I don't want somebody coming by sideswiping me. So I asked the defendant to step out of the vehicle and I'd be happy to explain to him what all was going on, the reason for the stop Q Did he exit the vehicle to speak with you? A He did, yes, sir. Q Once he exited the vehicle and was speaking to you on the sidewalk area, did he begin to calm down? A He did, yes, sir. @ Did you kaow at that point and time thac Officer Nobles had contacted or requested a K-9 unit? A There wasn't actvally words exchanged between myself and Officer Nobles, I had a feeling, but this D£ficial Reporters, Inc. PAGE #32810 a. 12 13 14 18 19 20 21 22 23 24 11s wasn't anything solid that I knew he was, no, sir. Q At some poinc and time did a K-9 unit arrive? a Yes, sir. Q And did you ebserve the K-9 unit do a cursory search of the exterior of the vehicle? A Yes, sir. Q@ And did the dog actually alert or hit on the vehicle itself? A Officer Merritt advised that he did, yes, © Once that was conducted did you then complete a search of the interior of the passenger compartment of the suspect vehicle? A Yes, siz. @ Please explain to the jury how it is you went about doing that first? A Open the passenger side of the door of the defendant's vehicle. Observed a white shirt underneath the passenger's seat, front floorboard underneath the passenger's seat, removed the white shirt. Wrapped up inside the white shirt was a 9mm semiautomatic handgun. Q The location where you found this gun, was that in the same general area where you saw this defendant bending down prior to the search of tae vehicle? Official Reporters, Inc, PAGE #32010 1 12 13 14 15 16 a7 18 19 20 21 22 23 24 25 116 A Yes, sir. MR. CALIEL: Now, Your Horor, may = approach the witness? THE COURT: You may. BY MR. CALIEL: @ Sir, I'm now showing you what's been previously marked as State's Exhibit B for identification, purposes. Do you recognize that? A Yes, sir. © What do you recognize that to be, sir? A The handgun that I pulled out from underneath the passenger seat of the defendant's vehicle Q That resembles the handgun? AR Yes, sir. Q On that day you did not personally take the handgun into custody, did you? A No, sir. Q Who took the handgun, collected the handgun for evidentiary purposes? A Officer Nobles. Q Also now showing you what's been previously marked as Scate's Exhibit D for identification purposes, do you recognize that, sir? KR Yes, sir. Q Does that appear to be similar to the shirt Official Reporters, Inc. PAGE #33010 a 12 18 19 20 21 22 23 24 25 117 which the handgun was concealed in? A Yes, sir. Q Once the weapon was recovered or located by you, I think I just asked you this question, I apologize, was Officer Nobles the one responsible for collecting the evidence? A Yes, sir, he is. Q So he would have been the person who then in turn placed che evidence in the property room itself? A Yes, sir. Q Did you write the citations for the traffic infractions? A No, sir. Q = Who @id that? A Officer Nobles. Q This area that's depicted here on this diagram of Davis Street and 13th Street where the actual traffic stop was effectuated that's located here in Jacksonvilie, Duval County, Florida, correct? A Yes, sir. MR. CALIFL: Thank you, Officer Terrell, I don't have any further questions. THE COURT; Mr, Rosati, CROSS EXAMINATION BY MR. ROSAT: Official Reporters, Inc. PAGE #33110 a 12 13 1 15 16 17 18 1s 20 21 22 23 24 25 118 Q Good afternoon, Officer Terrell. A Good afternoon. Q Officer Terrell, you don't recall my client's vehicle going into that apartment complex, do you? A One more time, I'm sorry, having a hard time hearing you, Q@ Do you recall seeing my client's vehicle go into that apartment complex? A No, sir. Q And you don't -- you didn't know Officer Nobies was in the back there, did you? A I don’: recall if I remewber him going in there or not. Do you guys patrol together often? What's often to you? Q A Q Bvery time you work. A No, sir. Q = Almost every time you work? A No, sir @ Now, on thia diagram you were -- there's a vacant field right here, then there's, like, a house ht here, correct? A Yes, siz @ Okay, £11 turn this for you. Can you see that okay? Official Reporters, Inc. PAGE #33210 aL 12 13 14 is 16 17 18 19 20 21 22 23 24 25 119 A Yes, sir. Q Now, as the State indicated how long of this stretch or road is it before you actually hit the apartment complex grounds, do you know? A No, sir. Q Okay. You said something about @th of a mile on direct examination, what was that approximation for? A All the way up until where I was referring was all the way up into where the loop starts, left and right loops. Q That's within the apartment complex? A Correct, yes, sir. Q Now as you traveled down this street 1 guess this would be going east into the apartment complex? A Yes, sir. Q Correct. Thies section of the road, there's a posted ten mile miles per hour speed limit, correct? A Yes. Q there is, like, a little fence and that encompasses the whole round about, correct? A Yes, sir. @ And when I say round about, it's -- there's one way in and one way out, correct? A Yes, sir. @ 80 but when you go in you can actually drive Official Reporters, Inc. PAGE #3331e aa 12 13 a4 15 16 a7 ag 19 20 22 22 23 24 2s 120 around the apartment complex in a circle? A Correct. Q Okay. Now, as you're driving east into the apartment complex, there is a Field on the left-hand side, correct? A Yes, sir. Q Okay. And next to that that's a vacant field, correct? A Yes, sir. Q And there's, like, there's a beaten-down trail that runs to Davis, correct? A I'm unaware of a trail. Q Okay. After this vacant field, which is farther down obviously, there is a road that goes to the left, correct? A There is, yes, sir. Q Okay. Now, just about as you're going into the apartment complex instead of taking the left you can proceed forward, correct? A Yes, sir. Q And then that's where the 10 miles per hour it sign is posted, correct? A Say that last part again. Q Once you pass this street on the left -- A Yes, sir. Official Reporters, Inc PAGE #33410 a 12 13 14 15 16 17 18 19 20 21 22 23 24 25 122 Q -- then you observe a 10 miles per hour speed zone? A Directly across the road from the lefz-hand side turn over on the right-hand side of the street. Q And if you were craveling east into the apartment complex that would be your first available left-hand turn to access one of the apartments, correct? A Yes, siz, yes, sir. Q Now, you're sitting here running radar and it's your testimony that you picked him up way down here in tke apartmens complex? A Correct, where the row of apartments started, yes, sir. Q Because this stretch of road that the Stace actually has, that's 30 miles per hour zone, correct? A Yes, sir, Q And actually as we know the street goes out a little farther until that 10 miles per hour speed zone, correct? A Yes, sir, Q Okay. So as you're traveling east you're in a 30 miles per hour zone, correct, chen evensually as you enter into the apartment complex you see 10 miles per hour? Official Reporters, Inc. PAGE #33510 ai 12 13 14 15 16 7 18 19 20 21 22 23 24 25 122 A Yes. @ And that's on a pole or fence? A Yes, sir, it’s on a pole. Q Then you can go into the apartment complex. Now, while you're running radar there, isn't it true that you didn't pick up Mr. Cruel's vehicle until right where that vacant field was, right before that left-hand turn if you were going into the apartment complex? A Picked the defendant's vehicle up at the row of aparcments or xight around where that street is, right before that street there are a row of apartments there where it's actually posted 10 miles per nour ingide the complex. Q Okay. Well, let me ask it this way: If someone -- if an individual was coming out of the apartmer: complex, that road would be on your right, correct? A Coming out on the right, yes, sir. Q Now, was the vehicle passed that road on the right? A When I initially observed him, no, sir. Q Okay, You didn’t see Officer Nobles behind hin, did you? A No, sir, I didn't. Official Reporters, Inc. PAGE #336123 1 Q Okay. in fact, you didn't observe Officer 2 Nobles until this stop sign here, correct? 3 A Correct. 4 Q There's a stop sign here? 5 A Correct. 6 Q And my client came to a complete stop? 7 A Correct. 8 @ Did you have your headlights on? 8 A No, sir, not that I recall, 10 Q Okay. Did Officer Nobles have his headlights 21 on? It was about what time? Was it 5:50, was it dark 12 out then? 13 A No, sir, I don't recall it being dark. You'd 14 have to ask Officer Nobles if he had his headlights on. 15 Q De you recall if my client's vehicle had his 26 headlights on? 7 A No, I don't recall. 18 Q He came to a complete stop, correct? 19 A Yes, sir. 20 Q -[t waen't until he stopped that you Finally 21 observed Officer Nobles, correct? 22 A Correct. 23 @ Now, yor don't know -- do you know if Officer 24 Nobles came out on that road next to the vacant field 25 there? Official Reporters, Inc. PAGE #33710 1 12 13 14 1s 16 7 18 19 20 21 22 23 24 25 124 A I do not. Q So you don't even know where he came from if it was wis! in the apartment complex? A It was in the apartment complex. Q Well as far as the round about area because this would stretch out? A Correct, I do not know where Officer Nobles came out from. Q The road that's here, and I guess I'll address ic in reference to how the vehicles are, it would have been or che right, you can access a little there, correct, if you were to go down that road? A Yes. Q Okay, Now, would you agree that that's where the apartment starts right after that road, would you agree with that? A Yes, sir. Q Now, isn't it alao true cause you have to first visually see the vehicle, correct? A Yes, sir. Q Okay. And then you guesstimate what they're driving, correct? A Yes, sir. Q Then you have to confirm it with your radar, correct? Oficial Reporters, Inc. PAGE #338.v7 18 1s 20 2a 22 23 25 128 A Yes, sir @ You're not just running radar, you have to hit a button, correct? A Say that again. Q You have to visually see it, then you activate your radar? A Right, yes, sir. Q To confirm? A It's called hold status. Q Exactly, it's on a hold status. Now, isn‘: it true you didn't pick him up on radar until after he got by that street where the apartments began? A No, sir. @ Do you recall testifying at deposition the following answer, do you recall me asking the following quescion? I refer the State to page 11, line 11. Did you give a deposition in this case back on June 20th, 20077 A Yes, sir. Q Okay. And you were under cath, at that time you told the truth? A Yea, sir. Q And I and the State were there, correct, with the court reporter? Official Reporters, Inc. PAGE #33910 1 12 13 19 20 21 22 23 24 25 A Correct - @ You were under oath as you are today? A Correct. @ Do you recall me asking the following question: On Lincoln Court did you track him 18 in a 10? Do you recall gi ing the €ollowing answer? As he's coming out, right past where the apartments start the vehicle was. And then there was a question. That doesn't work. You said the following answer: As he -- my radar comes into contact with the vehicles the way I'm positioned here, you were referring because you made a diagram. A Correct. @ Because you said as I was positioned here as soon ac they are passing the -- now they are coming up, correct, towards you? A Correct. Q Answer, do you recall testifying that as soon as they are passing the row of apartments here, the ones I told you, as you are going into Lincoln Court, you've got a field on the left, then you've got a row of apartments that start with the road to the left. as Official Reporters, Inc, PAGE #3401 2 3 10 a 12 13 18 19 20 21 22 23 24 25 soon as they are passing that road to the left that's wherever I'm able to start in picking the vehicle up. you recall giving that answer? A Yes, sir, yes, sir. Q@ Okay. So you radar him after that road? A No, sir, it was inside the complex. Q Referring State to page 1, line four. Do you recall me asking the following question? You weren't getting him until he was after that left-hand turn if you were going east, you were going east left-hand turn and you said correct, And he started picking up speed going to the stop sign. Yes, sir, Okay. Isn't that in the 30 miles per hour zone? A No, six, you said as the defendant's going in east the road on the left. As you're traveling east into Roosevelt Gardens it's 30 miles per hour until you hit the road to the left, as you're going in east then there begins a =ow of aparzments. When the defendant -- which starts 1¢ miles per hour zone. When this defendanc is passing those row of apartments and he's coming out, that's when I track the vehicle doing 18 in 10 mites per Aour zone. Official Reporters, Inc. PAGE #34110 an 12 13 14 15 16 a7 18 1s 20 22 22 23 24 25 A Yes, siz. @ And at some point in time did you have the occasion to come into contact with an individual by the name of Anthony Quinton Cruel? A Yes, sir. Q What were the circumstances of how you cane into contact with Mr. Crue} on that day? A: I conducted a traffic stop on his vehicle. Q When was it that you firet made vieual contact with the suspect's vehicle? A Inside Lincoln Court while we were traveling westbound. Q What kind of car was the individual Anthony Cruel driving? A Could I refer to my reports, please? Q Yes, sir, do you need a copy? A Yes, sir. Q Clean copy to refer to? I underscand it's been some months in time now. A It was a 1998 green Lincoln Continental. Q@ Okay, Thank you, sir. A Thank you, sir. Q At some point and time did you receive any radio transmissions once you were behind the vehicle from Officer Terrell? Official Reporters, Inc. PAGE #34212 13 14 15 a7 1B 19 20 21 22 23 24 2s 147 A Yes, sir. Q And what did that entail, sir? A He informed me that he had just tracked the vehicle doing 1¢ miles per hour in a 10 miles per hour zone. @ Did you follow the vehicle then as it proceeded out of the apartment complex? A Yes, sir Q Whac did you observe prior to continuing your traffic stop? A As we excited Lincoln Count on Davis street he failed to use his turn signal ard almost caused an accident with another vehicle that was traveling northbound. Q Bid you get in behind the vehicle? A Yes, sir Q Once you got in behind the vehicle, eventually was a traffic stop conducted? A Yes, sir @ Now, showing you what's been previously moved in evidence as State's Bxhibit No. 1, this diagram, dcee that pretty much demonstrate your flow of traffic our of the apartment complex into where the traffic stop was conducted? A Yes, sir, The defendant's vehicie came out Official Reporters, inc. PAGE #34310 1 12 13 14 16 17 18 1g 20 2. 22 23 2g 25 148 first, I was behind him, and Officer Terrell got behind me. @ So you were the police vehicle directly behind the suspect vehicle? A Yes, sir. Q At that point and time did you conduct a traffic stop? A I began calling in a traffic stop. We turned west bound on 13th Street and at that time I turned my blue lights on and we conducted a traffic stop there. Q@ Did you approach che vehicle in which you stopped? A Yes, sir. Q And from which direccion did you approach that vehicle? A I approached it on the driver's side. Q As you were approaching the vehicle, did you make any observation of the occupants inside the car? A Yes, sir, I immediately noticed as I got to the window of the defendant's vehicle that he was leaning over onto the passenger seat and appeared as if his left hand was placing something underneath the passenger seat, Q Was he the only person inside the vehicie? A Yes, sir. Officta> Reporters, Inc. PAGE 434410 a 2 43 14 16 7 18 19 20 aa 22 23 24 25 149 @ Do you see the individual who was seated in the driver'a side here in the courtroom today? A Yes, sir. Q Could you please point him out, describe what he is wearing? A - He's sitting with the three men right there with the green button up shirt on. MR, CALIEL: Your Honor, may the record reflect that the witness has identified the defendant? THE COURT: Tt will so reflect. BY MR. CALIEL: Q Officer Nobles, the medical condition that the defendant has today with hie £ace and neck area, was chat presenc on December 10th of 2006? A No, sir. Q Now, after you made this observation, did you and Officer Terrell communicate to each other that you had seen this? A Yes, sir, Officer Terrell informed me that he observed it and we gave gestures back and forth to each other we had just seen the same ching Q And did you make contact with the driver, the defendant, Mr. Cruel? A Yes, sir. Official Reporters, Inc. PAGE #34519 1 12 13 uw as 16 17 18 19 20 21 23 24 25 @ What took place when you initially made contact with Mr. Cruel? A I requested driver's license, registration, proof of insurance. And I explained the reason of my traffic stop. Q Was he able to produce his driver's license for you and registration? A -He produced ID card and registration. Q Where did he get it from, do you recall? A The glove box. Q Did you observe him get it from the glove box? A Yes, sir. Q He didn't already have it on his person at che time when you approached the driver's door, did he? A No, sir, Q At some point and time during the course of your traffic stop did you make a request to search hie vehicle? A Yes, sir, after I returned to my car and checked his driver's license I returned to the vehicle and requested permission to search his car, Q And what was this defendant's reaction when you asked that question? A He became very belligerent and started Official Reporters, Inc. PAGE #346