14.Melissa Roughgarden — Direct/Cross/Redirect
435 linesMR. CACCIATORE: State would call Melissa Roughgarden.
MELISSA ROUGHGARDEN
was called as a witness and, having first been duly sworn,
testified as follows:
THE COURT: Ma'am, good afternoon. Can you state and spell your name for the record for us?
MELISSA ROUGHGARDEN: Yes. Melissa Roughgarden. M-e-l-i-s-s-a, R-o-u-g-h-g-a-r-d-e-n.
THE COURT: All right. Thank you.
Counsel, you may inquire.
DIRECT EXAMINATION
BY MR. CACCIATORE:
MR. CACCIATORE: Ma'am, who do you work for?
MELISSA ROUGHGARDEN: I'm employed with the Orange County Sheriff's Office.
MR. CACCIATORE: What is your position with the Orange County Sheriff's Office?
MELISSA ROUGHGARDEN: Currently, I am a forensic biologist with the forensics unit. Prior to this, I was a crime scene investigator for five years.
MR. CACCIATORE: And how long in total have you been with the Orange County Sheriff's Office?
MELISSA ROUGHGARDEN: About six and a half years.
MR. CACCIATORE: And tell us all the positions you've held during that time.
MELISSA ROUGHGARDEN: Those two. A crime scene investigator and a forensic biologist.
MR. CACCIATORE: Let's turn to your work as a crime scene investigator. What does a crime scene investigator do?
MELISSA ROUGHGARDEN: We respond to crime scenes, we photograph and document those crime scenes through photographs, notes, and sometimes sketches. We collect evidence, we process the scene, and then we do further processing to the evidence back at our forensics lab.
MR. CACCIATORE: When you say process evidence or process the scene, can you tell us what that entails?
MELISSA ROUGHGARDEN: Yes. It depends on the scene and the evidence. But it includes the photographs, we also take swabs for potential DNA. We can also do testing for possible blood and things like that. We also process for latent fingerprints among other things.
MR. CACCIATORE: What type of training did you need in order to become a crime scene investigator?
MELISSA ROUGHGARDEN: Upon being hired with the sheriff's office as a CSI, I completed a 16-week training program, which includes in-house processing, as well as going out to crime scenes with trained crime scene investigators to observe and then assist, as well as taking on calls with the trained crime scene investigator.
MR. CACCIATORE: Approximately how many crime scenes have you processed in the course of your -- in the course of your time as a CSI?
MELISSA ROUGHGARDEN: It would be hundreds. I don't know the exact amount.
MR. CACCIATORE: Were you working in this capacity as a CSI on February 24th, 2020?
MELISSA ROUGHGARDEN: Yes, I was.
MR. CACCIATORE: And tell us, where did you respond out to on that day?
MELISSA ROUGHGARDEN: I responded to 4748 Frantz Court, Apartment 3.
MR. CACCIATORE: And is that in Orange County, Florida?
MELISSA ROUGHGARDEN: Yes, it is.
MR. CACCIATORE: And when you responded to that scene, whom do you make contact with?
MELISSA ROUGHGARDEN: I made contact with the homicide detective, Chelsey Koepsell.
MR. CACCIATORE: Did you receive information from the detective?
MELISSA ROUGHGARDEN: Yes. That it was a death investigation.
MR. CACCIATORE: Did you walk the scene with the detective?
MR. CACCIATORE: And tell us, what does it mean to walk the scene with the detective on a homicide?
MELISSA ROUGHGARDEN: Go into a scene and just observe, we don't interact with anything, and discuss what we see.
MR. CACCIATORE: When you walked the scene, did you see Jorge Torres?
MELISSA ROUGHGARDEN: Yes, I did.
MR. CACCIATORE: Where was he located?
MELISSA ROUGHGARDEN: He was located on the floor in the living room of the apartment.
MR. CACCIATORE: Did you, with the detective, identify potential items of evidence to be collected?
MR. CACCIATORE: You had mentioned previously about documenting scenes with photographs, was that done in this case?
MELISSA ROUGHGARDEN: Yes, it was.
MR. CACCIATORE: Your Honor, may I approach the witness with what's been marked for identification as State's M and has been shown to defense?
THE COURT: You may.
BY MR. CACCIATORE:
MR. CACCIATORE: Matam, I'm showing you what's been marked for identification as State's M. Can you take a look at the contents of State's M to yourself and tell me if you recognize the items contained within State's M?
MR. CACCIATORE: Do you recognize the contents of State's M?
MELISSA ROUGHGARDEN: Yes, I do.
MR. CACCIATORE: Tell us, what is the contents of State's M?
MELISSA ROUGHGARDEN: They are photographs I took of the crime scene.
MR. CACCIATORE: Do they fairly and accurately represent how that crime scene appeared on February 24th, 2020?
MELISSA ROUGHGARDEN: Yes, they do.
MR. CACCIATORE: Your Honor, at this time, I would like to move what's previously been marked for identification as State's M into evidence.
MR. OWENS: How many photographs are there?
MR. CACCIATORE: 111.
THE COURT: What was premarked as State's M will be received in evidence, without objection, as State's 8.
(State's Exhibit 8 received in evidence.)
MR. CACCIATORE: Your Honor, request permission to publish?
THE COURT: You may.
MR. CACCIATORE: Your Honor, could we have the lights dimmed?
THE COURT: Yes.
BY MR. CACCIATORE:
MR. CACCIATORE: Ma'am, I'm first going to publish to you, as part of State's M, picture photo No. 4. Tell us, what is this?
MELISSA ROUGHGARDEN: This is the front door to the residence.
MR. CACCIATORE: State's 5?
MELISSA ROUGHGARDEN: This is also the front door of the residence, just a closer image to the door.
MR. CACCIATORE: Okay. When you enter the residence, what is the first area just off to the right of the front door?
MELISSA ROUGHGARDEN: That would be the kitchen.
MR. CACCIATORE: Showing you what's been marked as State's 11.
MELISSA ROUGHGARDEN: Yes. So this is just inside the door. To the right there is the kitchen area.
MR. CACCIATORE: Showing you State's 14. What is this a photo of?
MELISSA ROUGHGARDEN: So this is the counter with a sink in the kitchen. And there is also the open area just above where you can see into the living room.
MR. CACCIATORE: Showing you State's composite photo 19. Tell us, what is this?
MELISSA ROUGHGARDEN: Yes. This is a hutch inside the kitchen. You can see in the background that is where that first photo of the kitchen was taken, so that's the entryway. And then this is the hutch and there is a cell phone on the hutch in the kitchen.
MR. CACCIATORE: Showing you State's 22.
MELISSA ROUGHGARDEN: This is the trash can in the kitchen. You can also see the hutch we were just looking at there on the side.
MR. CACCIATORE: State's 23?
MELISSA ROUGHGARDEN: This is the contents of the trash can. You can see two wine bottles on the top of the trash.
MR. CACCIATORE: Did you also find receipts in that trash can as well?
MR. CACCIATORE: Photo 25 from the composite?
MELISSA ROUGHGARDEN: These are those same wine bottles and three Publix receipts that were removed from the trash can.
MR. CACCIATORE: Did you take these items and collect them into evidence in this case?
MELISSA ROUGHGARDEN: Yes, I did.
MR. CACCIATORE: Photo 32 from the composite?
MELISSA ROUGHGARDEN: Yes. This is just further into that entryway, you can see the living room.
MR. CACCIATORE: Photo 35 from the composite?
MELISSA ROUGHGARDEN: This is another photo of the living room. You can see the victim located on the floor and a suitcase in the bottom corner of the photograph.
MR. CACCIATORE: Photo 36?
MELISSA ROUGHGARDEN: This is another photograph in the living room. This is that wall we saw in the kitchen there with the opening. You can also see a baseball bat leaning against the wall.
MR. CACCIATORE: Was that baseball bat collected into evidence in this case?
MELISSA ROUGHGARDEN: Yes, it was.
MR. CACCIATORE: Photo 38?
MELISSA ROUGHGARDEN: This is -- this is also a photograph of the living room, just the other side of the room.
MR. CACCIATORE: Photo 43 from the composite?
MELISSA ROUGHGARDEN: Yes. This photograph was taken in the living room. You can see the stairs leading to the second floor.
MR. CACCIATORE: Photograph 45?
MELISSA ROUGHGARDEN: This is a photograph of the living room just from the other side of the room. You can see the front door in the middle, back of the photo.
MR. CACCIATORE: Photo 49 from the composite?
MELISSA ROUGHGARDEN: This is a more close-up photograph of the suitcase.
MR. CACCIATORE: Photo 50?
MELISSA ROUGHGARDEN: This is a photograph of one of the zippers on the suitcase.
MR. CACCIATORE: Photograph 51?
MELISSA ROUGHGARDEN: This is a close-up picture of that same zipper. There is no zipper pull on it. It appeared to be a small wire of some sort with pink wrapped around the zipper.
This is a zipper on the other side of the suitcase.
MR. CACCIATORE: Just for the record, that's photograph 52.
State's 53 from this composite?
MELISSA ROUGHGARDEN: The close-up image of that same zipper. There is also no zipper pull on that one.
MR. CACCIATORE: Photo 54 from the composite?
MELISSA ROUGHGARDEN: This is the contents of the suitcase after just lifting the lid.
MR. CACCIATORE: Photo 56 from the composite?
MELISSA ROUGHGARDEN: More of a close-up image of the items. There were miscellaneous papers and paperwork, some clothing items, and apparent blood inside the suitcase.
MR. CACCIATORE: What items -- what apparent blood was inside the suitcase?
MELISSA ROUGHGARDEN: You could -- it was observed on the white cap and a necktie, and there was also blood just on the interior of the suitcase.
MR. CACCIATORE: Photo 57 from the composite?
MELISSA ROUGHGARDEN: The contents of the suitcase, but you can see the white cap more clearly and the blood observed on it.
MR. CACCIATORE: Photo 58 from the composite?
MELISSA ROUGHGARDEN: You can see the necktie with blood, it appeared to be silver multi-colored. And then there is also a Diazepam syringe in the plastic casing there, it was prescribed to the victim.
MR. CACCIATORE: Photo 61 from the composite?
MELISSA ROUGHGARDEN: That is the miscellaneous papers and paperwork that was removed from the suitcase.
MR. CACCIATORE: Photo 62 from the composite?
MELISSA ROUGHGARDEN: That's the suitcase after all of the items were removed.
MR. CACCIATORE: Photo 64 from the composite?
MELISSA ROUGHGARDEN: Yes. That is what appeared to be some, like, small pieces of paper that appeared to be soaked with blood.
MR. CACCIATORE: Is this inside of the suitcase?
MR. CACCIATORE: Photo 65 from the composite?
MELISSA ROUGHGARDEN: That is the baseball bat laying against the wall in the living room.
MR. CACCIATORE: Photo 68 from the composite?
MELISSA ROUGHGARDEN: This is back to the stairs to the second floor in the living room.
MR. CACCIATORE: Photo 69 from the composite?
MELISSA ROUGHGARDEN: This is moving closer to the stairs.
MR. CACCIATORE: Photo 70 from the composite?
MELISSA ROUGHGARDEN: Photographing more of the staircase.
These are the steps leading to the second floor before I proceed up to the second floor.
MR. CACCIATORE: This is photo 71, for the record.
Photo 72 from the composite?
MELISSA ROUGHGARDEN: The upper portion of the stairs leading to the second floor.
MR. CACCIATORE: How many bedrooms were on the second floor of the unit?
MELISSA ROUGHGARDEN: There were two bedrooms.
MR. CACCIATORE: Photo 75 from the composite?
MR. CACCIATORE: What is this?
MELISSA ROUGHGARDEN: This is the hallway. You can see a closet in the hallway and the door to one of the bedrooms.
MR. CACCIATORE: Does this appear to be a child's room?
MELISSA ROUGHGARDEN: Yes, it did.
MR. CACCIATORE: Photo 79 from the composite?
MELISSA ROUGHGARDEN: This is a photograph within the child's bedroom.
MR. CACCIATORE: Photo 86 from the composite?
MELISSA ROUGHGARDEN: This is the door leading to the other bedroom upstairs.
MR. CACCIATORE: Did this other bedroom also contain a bathroom?
MELISSA ROUGHGARDEN: Yes, it did.
MR. CACCIATORE: Photo 90 from the composite?
MELISSA ROUGHGARDEN: This is the bed within that bedroom.
MR. CACCIATORE: Photo 97 from the composite?
MELISSA ROUGHGARDEN: This is the bathroom.
MR. CACCIATORE: In that master bedroom upstairs?
MR. CACCIATORE: Did you also have an occasion to photograph the defendant?
MELISSA ROUGHGARDEN: Yes, I did.
MR. CACCIATORE: Do you see the defendant here in court today?
MELISSA ROUGHGARDEN: Yes, I do.
MR. CACCIATORE: Could you please point to them and identify an article of clothing they're wearing?
MELISSA ROUGHGARDEN: She is right there with a black blazer and a pink shirt.
MR. CACCIATORE: Your Honor, may the reflect that the witness has identified the defendant?
THE COURT: The record will so reflect.
BY MR. CACCIATORE:
MR. CACCIATORE: Showing you photo 98 from the composite.
MELISSA ROUGHGARDEN: This is the photograph I took of the defendant.
MR. CACCIATORE: Why is it that you were photographing the defendant at this point?
MELISSA ROUGHGARDEN: I collected her buccal swabs, which is a DNA standard from the inside of the mouth, and it is per our procedure to photograph that person for identification purposes.
MR. CACCIATORE: Do you also document the rest of her body as well at that time?
MELISSA ROUGHGARDEN: Yes, I did.
MR. CACCIATORE: Publishing photograph 101 from State's composite.
MELISSA ROUGHGARDEN: This is a photograph of her hands facing upward.
MR. CACCIATORE: Photograph 102?
MELISSA ROUGHGARDEN: This is her right hand facing upward.
MR. CACCIATORE: Photograph 103?
MELISSA ROUGHGARDEN: Her left hand facing upward.
MR. CACCIATORE: Photograph 104?
MELISSA ROUGHGARDEN: Both of her hands facing downwards, the tops of her hands.
MR. CACCIATORE: Photograph 105?
MELISSA ROUGHGARDEN: This is her right hand facing downward.
MR. CACCIATORE: Photograph 106?
MELISSA ROUGHGARDEN: And her left hand facing downward.
MR. CACCIATORE: Photograph 107?
MELISSA ROUGHGARDEN: This would be of her right arm.
MR. CACCIATORE: Photograph 108?
MELISSA ROUGHGARDEN: Her left arm.
MR. CACCIATORE: Photograph 109?
MELISSA ROUGHGARDEN: Her right arm with it facing upward.
MR. CACCIATORE: Photograph 110?
MELISSA ROUGHGARDEN: Her left arm with her arm facing upward.
MR. CACCIATORE: During the time you were interacting with the defendant, did she ever indicate to you that she had any injuries?
MR. CACCIATORE: You had previously testified that you also collected physical items of evidence from the home as well in this case?
MELISSA ROUGHGARDEN: Yes, I did.
MR. CACCIATORE: Your Honor, may I approach the witness with what's been marked for identification as State's C and has been shown to defense?
THE COURT: You may.
BY MR. CACCIATORE:
MR. CACCIATORE: Matam, I'm showing you what's been marked for identification as State's C. Can you take a look at that package for me?
MR. CACCIATORE: Do you recognize that package?
MELISSA ROUGHGARDEN: Yes, I do.
MR. CACCIATORE: And tell us, what is that package?
MELISSA ROUGHGARDEN: These are the two wine bottles that were collected from the trash can.
MR. CACCIATORE: Is your name on the package?
MELISSA ROUGHGARDEN: Yes. My name is on the Orange County Sheriff's Office evidence label that I filled in, and my initials are on the evidence seal from when I sealed the package.
MR. CACCIATORE: And it also has your agency case number and the location information for this case?
MELISSA ROUGHGARDEN: Yes, that is correct.
MR. CACCIATORE: Ma'am, can you open the contents of State's C and look at it to yourself?
MELISSA ROUGHGARDEN: Yes. I have to pull them out to recognize the items. They're wrapped in bubble wrap.
MR. CACCIATORE: Sure. Just out of view from the courtroom.
MELISSA ROUGHGARDEN: (Complies.)
MR. CACCIATORE: What are the contents of State's C?
MELISSA ROUGHGARDEN: These are the two wine bottles that I collected from the trash can.
MR. CACCIATORE: Are these wine bottles in the same or substantially the same condition as they were at the time that you packaged them on February 24th, 2020?
MELISSA ROUGHGARDEN: Yes, the same as I collected them that day.
MR. CACCIATORE: Your Honor, at this time, I'd like to move what's previously been marked for identification as State's C into evidence.
THE COURT: Any objection?
THE COURT: What was premarked as State's C will be received into evidence as State's 9 without objection.
(State's Exhibit 9 received in evidence.)
MR. CACCIATORE: Your Honor, request permission to publish?
THE COURT: You may do so.
BY MR. CACCIATORE:
MR. CACCIATORE: You can unwrap them now.
MELISSA ROUGHGARDEN: Okay.
MR. CACCIATORE: All right. We can put them back.
MELISSA ROUGHGARDEN: Okay.
MR. CACCIATORE: Did you also have occasion to collect the baseball bat from the living room?
MELISSA ROUGHGARDEN: Yes, I did.
MR. CACCIATORE: Your Honor, may I approach the witness with what's been previously marked for identification as State's B and shown to defense?
THE COURT: You may.
BY MR. CACCIATORE:
MR. CACCIATORE: Ma'tam, I'm showing you what's been marked for identification as State's B. Can you take a look at this item?
MR. CACCIATORE: Do you recognize this item?
MELISSA ROUGHGARDEN: Yes, I do. This is the wooden baseball bat I collected from the living room.
MR. CACCIATORE: Does this item have your name on it?
MELISSA ROUGHGARDEN: Yes. It has my name on the Orange County Sheriff's Office evidence label that I filled out, as well as my initials on the evidence seal.
MR. CACCIATORE: It also has your initials and your agency case number as well?
MELISSA ROUGHGARDEN: Yes, it does.
MR. CACCIATORE: Matam, could you open State's B and look at the contents of it to yourself without displaying it to the court?
MR. CACCIATORE: What is contained within State's B?
MELISSA ROUGHGARDEN: The wooden baseball bat.
MR. CACCIATORE: And is that bat in the same or substantially the same condition as it was at the time that you collected it on February 24, 2020?
MELISSA ROUGHGARDEN: Yes, it is.
MR. CACCIATORE: Your Honor, at this time, I'd like to move what's previously been marked for identification as State's B into evidence.
THE COURT: Any objection?
MR. OWENS: No objection.
THE COURT: What was premarked as B will be received into evidence as State's 10, without objection.
(State's Exhibit 10 received in evidence.)
MR. CACCIATORE: Your Honor, request permission to publish?
THE COURT: You may.
BY MR. CACCIATORE:
MR. CACCIATORE: You also had an occasion to collect the suitcase as well in this case?
MELISSA ROUGHGARDEN: Yes, I did.
MR. CACCIATORE: Prior to placing the suitcase into evidence, did you process it?
MELISSA ROUGHGARDEN: I took measurements of the suitcase.
MR. CACCIATORE: What are the measurements of the suitcase?
MELISSA ROUGHGARDEN: It was 28 inches in length, 20 inches wide, and 8 and 7/8th inches deep.
MR. CACCIATORE: Your Honor, at this time, may the witness step down from the stand and approach the clerk's area?
THE COURT: Yes.
BY MR. CACCIATORE:
MR. CACCIATORE: Ma'am, I'm showing you what's been marked for identification as State's A. Tell me, do you recognize this item?
MELISSA ROUGHGARDEN: Yes, I do.
MR. CACCIATORE: Tell us, what is this item?
MELISSA ROUGHGARDEN: This is the suitcase I collected from the living room.
MR. CACCIATORE: And how is it that you know that this is the suitcase you collected from the living room?
MELISSA ROUGHGARDEN: It has the Orange County Sheriff's Office evidence label that I labeled with the item description, and it also contains my name and the agency case number, and my initials are also on the evidence tape.
MR. CACCIATORE: Ma'am, at this time, could you open State's A and look at the contents of it to yourself?
MR. CACCIATORE: What is inside of State's A?
MELISSA ROUGHGARDEN: This is the suitcase I collected from the living room.
MR. CACCIATORE: And does it appear to be in the same or substantially the same condition at the time that you collected it and placed it into evidence?
MR. CACCIATORE: Your Honor, at this time, I'd like to move what's been marked for identification as State's A into evidence.
THE COURT: Any objection?
THE COURT: What was premarked as A will be received into evidence, without objection, as State's 11.
(State's Exhibit 11 received in evidence.)
MR. CACCIATORE: Your Honor, at this time, I'd ask for permission to publish State's A to the jury?
THE COURT: You may.
BY MR. CACCIATORE:
MR. CACCIATORE: Can you open the inside of it?
MR. CACCIATORE: How easy is it to operate the zipper that closes the suitcase?
MELISSA ROUGHGARDEN: It was a little difficult.
MR. CACCIATORE: I have no additional questions at this time.
THE COURT: Thank you.
Any cross-examination?
CROSS-EXAMINATION
BY MR. BECK:
MELISSA ROUGHGARDEN: Good afternoon.
MR. BECK: Are you also referred to as a medical examiner investigator as opposed to just crime scene investigator?
MELISSA ROUGHGARDEN: No, that is not my title.
MR. BECK: Do you do reports that the medical examiner necessarily relies upon in the process of doing the autopsy and additional investigations?
MELISSA ROUGHGARDEN: You would have to ask them.
MR. BECK: Who makes the decision at the scene as to what items will be photographed or what items will be taken into custody, what items would necessarily be tested or analyzed?
MELISSA ROUGHGARDEN: That's a collaborative effort between the crime scene investigator and the lead detective while on scene.
MELISSA ROUGHGARDEN: That lead detective was Chelsey Koepsell.
MR. BECK: And that report was utilized, if you in fact know, by the medical examiner in developing her autopsy report, was it not?
MELISSA ROUGHGARDEN: I do not know.
MR. BECK: In your report, did you advise the medical -- or whomever might read your report that, in fact, the body had been removed from the suitcase by first offenders -- or first responders?
MELISSA ROUGHGARDEN: No, I don't believe so.
MELISSA ROUGHGARDEN: No. We process DNA and collect swabs for DNA and then that's submitted to the Florida Department of Law Enforcement for conventional DNA analysis.
MELISSA ROUGHGARDEN: Her buccal swabs were submitted to the FDLE.
MELISSA ROUGHGARDEN: The detective and I.
MR. BECK: Who made the decision not to bother to do a DNA analysis on the blood from the items within the suitcase or the suitcase itself?
MELISSA ROUGHGARDEN: That was a discussion between the detective and I.
MELISSA ROUGHGARDEN: No, we did not.
MELISSA ROUGHGARDEN: There was blood observed in the suitcase.
MR. BECK: But you don't know who that belonged to because you didn't bother to analyze it or have it analyzed, correct?
MELISSA ROUGHGARDEN: The blood was not tested.
MR. BECK: Now, State's Exhibit B, the bat, you took that into evidence, was that again a collaborative decision by yourself and the lead detective?
MR. BECK: And what efforts did you make to have the bat analyzed given the fact that it was apparently evidence?
MELISSA ROUGHGARDEN: It was just collected as evidence from the scene.
MR. BECK: Did you advise either the lead detective or anybody else involved in this investigation that there may be matters that could be analyzed when analyzing the bat that would help or assist in the investigation of this matter?
MELISSA ROUGHGARDEN: It's my job to do the documentation and the collection of evidence.
MR. BECK: Well, you said it was a collaborative effort between yourself and the lead detective, so did you participate in that decision?
MELISSA ROUGHGARDEN: We chose to collect the bat and put it into evidence.
MR. BECK: And so there was a fiber analysis done on the bat to determine whether or not it was used to strike Jorge Torres when he was in the suitcase, was there not?
MELISSA ROUGHGARDEN: Pardon?
MR. CACCIATORE: I'm going to object. I don't believe the witness had an opportunity to answer the question.
THE COURT: Sustained.
BY MR. BECK:
MELISSA ROUGHGARDEN: Can you repeat the question?
MR. BECK: If I can remember it, I will.
Do you know that there was any effort made in this particular investigation, the investigation of Sarah Boone, to analyze the bat for fibers?
MELISSA ROUGHGARDEN: No, there was not.
MELISSA ROUGHGARDEN: It was not done.
MELISSA ROUGHGARDEN: I collected her buccal swabs.
MELISSA ROUGHGARDEN: In collecting her buccal swabs, yes.
MR. BECK: Did you make any determination of other matters that might be of import or evidentiary value when you were going through the house and taking photographs and documenting the interior of the townhouse?
MELISSA ROUGHGARDEN: I think you'll have to be more specific.
MELISSA ROUGHGARDEN: Here today?
MELISSA ROUGHGARDEN: We saw the entrance to the bedroom, as well as the a photograph of the interior of the bedroom.
MELISSA ROUGHGARDEN: It's my job to photograph and document while on scene, so the rooms and the upstairs were photographed and documented.
MELISSA ROUGHGARDEN: I don't recall photographing holes in the wall, no.
MR. BECK: Did you take photographs of items within the house or throughout the house that may have depicted incidents of the prior violence?
MELISSA ROUGHGARDEN: You'll have to be more specific.
MR. BECK: How about bloody pillowcases? Did you make any effort to collect and analyze pillowcases of the rooms that you were photographing?
MELISSA ROUGHGARDEN: IT use zippers regularly, yes.
MELISSA ROUGHGARDEN: Is what? Sorry.
MELISSA ROUGHGARDEN: Just that it was difficult without the zipper pulls to use the zipper.
MELISSA ROUGHGARDEN: Yes, from opening the suitcase here today.
MELISSA ROUGHGARDEN: Pardon?
MR. BECK: You only today have for the first time tested the ability to pull open the zipper on the suitcase?
MELISSA ROUGHGARDEN: No. I'm saying it was difficult today.
THE COURT: Any redirect examination?
MR. CACCIATORE: Yes, Your Honor.
REDIRECT EXAMINATION
BY MR. CACCIATORE:
MR. CACCIATORE: In this case, you documented the entirety of the house as you saw it?
MR. CACCIATORE: So every room in the house?
MELISSA ROUGHGARDEN: They were all taken, overall photographs.
MR. CACCIATORE: Walls in the house?
MELISSA ROUGHGARDEN: In the overall photographs, yes. They weren't all individually photographed, no.
MR. CACCIATORE: And you did not document or note any type of holes in the wall or any type of damage to the walls, anything like that?
MELISSA ROUGHGARDEN: Not the walls, no.
MR. CACCIATORE: Is that something that would have been documented both photographically and also within your report?
MR. CACCIATORE: You also, as we have previously seen in the composite, saw the victim where he was laying in this case, correct?
MR. CACCIATORE: Was the victim -- did he have blood on his mouth and on his face?
MELISSA ROUGHGARDEN: Yes, he did.
MR. CACCIATORE: Did he have open wounds on his body?
MELISSA ROUGHGARDEN: There was blood coming from his nose and his mouth. There was also some other areas of, like, defects noted on his body.
MR. CACCIATORE: You also made contact with the defendant, too, as well?
MR. CACCIATORE: Did you note any other wounds or cuts or anything else that was not documented that you haven't testified to?
MR. CACCIATORE: So no wounds, nothing on her?
MELISSA ROUGHGARDEN: Not that I recall, no.
MR. CACCIATORE: No further questions.
THE COURT: Thank you.
Can this witness be released?
MR. CACCIATORE: Yes, sir.
THE COURT: Mr. Owens, can this witness be released?
MR. OWENS: Judge, we'd like her to be on call.
THE COURT: Subject to recall, ma'am.
MELISSA ROUGHGARDEN: Thank you.
THE COURT: Thank you.
(Witness stepped down.)
THE COURT: Can the parties approach?
(At the bench.)
THE COURT: If I understood the State, this was going to be the last witness here today; is that correct?
MR. CACCIATORE: Yes.
THE COURT: Okay. All right. I have jury certificates for our members of the jury to give to their employers about their extent of service. I will be giving the same instruction that I gave them before the lunch hour.
Anything else we need to discuss before I give those instructions to our jury, State?
MR. CACCIATORE: Not from the State.
MR. OWENS: It's a long weekend, you know. I guess the standard instruction would do it.
THE COURT: It's going to be the same one that I read right before lunch, in addition to, don't do any homework, don't read the local news or newspapers, okay? Thank you-all very much.
(In open court.)
THE COURT: Members of the jury, thank you so much for your attention in this matter. It is 4:52. At this time, we're going to go ahead and take our recess for the evening.
Madam Clerk has letters that I have signed regarding your jury service for you to provide to your employer. The court deputy will provide them to you in the deliberation room before you're released for the day. I have a similar instruction to read to you that I gave you before the lunch hour.
Jurors, you must not conduct any investigation on your own. This includes reading newspapers, watching television or using a computer, cell phone, the internet, any electronic device, or any other means at all to get information related to this case or the people and places involved in this case. This applies whether you are in the courthouse, at home, or anywhere else. You must not visit places mentioned in the trial or use the internet to look at maps or pictures to see any place discussed during the trial.
Jurors, do not watch local news or read local newspapers. Jurors must not have discussions of any sort with friends, family members, or even your fellow jurors about the case or the people and places involved, so do not let anyone make comments to you or ask questions about the trial.
I want to stress again that, just as you must not talk about this case face-to-face, you must not talk about this case by uSing an electronic device. You must not use phones, computers, or other electronic devices to communicate. Do not send or accept any messages related to this case or your jury service. Do not discuss this case or ask for advice by any means at all, including posting information on an internet website, chat room, or blog.
With that, members of the jury, I'm going to release you back to the deliberation room for you to receive the paperwork for your employer and we'll see you back at 9:00 a.m. this coming Monday, October 21st, and I thank you for your sacrifice and your service.
COURT STAFF: Jury exiting.
(Jury exited.)
THE COURT: You-all may be seated.
State, anything else we need to discuss?
MR. CACCIATORE: Not from the State.
THE COURT: Defense?
MR. OWENS: No, sir.
THE COURT: All right. Thank you-all very much. We will see you at 9:00 a.m. Monday, October 21st.
We're off the record.
(Proceedings recessed at 4:55 p.m. on October 18, 2024, to be resumed on October 21, 2024.)