IN THE CIRCUIT COURT FOR BALTIMORE CITY, MARYLAND STATE OF MARYLAND, Case Number: 114140031 vs. SHEMAR TAYLOR, Defendant. OFFICIAL TRANSCRIPT OF PROCEEDINGS (Motions Hearing) Baltimore, Maryland Friday, November 21, 2014 BEFORE: HONORABLE, BARRY G. WILLIAMS, JUDGE APPEARANCES: For the State: PATRICK SEIDEL, ESQUIRE For the Defendant: JOSHUA INSLEY, ESQUIRE 0 u ,, G 2' Electronic Proceedings Transcribed by: Lynne Blanchette HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 M-2 P a DIRECT e M-3 RECORD OF PROCEEDINGS DEFENDANT'S WITNESSES a CROSS REDIRECT RECROSS 38 Allen Savage 13 27 33 John Haley 43 52 57' 70 MOTION TO SUPPRESS By Mr. M-91 Insley M-93 COURT'S RULING MOTION FOR DISCOVERY VIOLATION By Mr. Insley M-93 By Mr. Seidel M-97 By Mr. Insley M-99 M-100 COURT'S RULING IT m u ~ o -oOo- '" HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 1 £ R Q .\:'. 2 THE CLERK: 4 morning session. 5 presiding. 6 seated. We'll start the Thank you. Everyone may be Call the case. MR. SEIDEL: Good morning, Your Honor. I'm calling the State of Maryland v. Shemar Taylor, Case 10 Number 114140031. 11 State. Patrick Seidel on behalf of the The State does have a preliminary. MR. WENSLEY: 12 Good morning, Your Honor, Josh 13 Insley on behalf of Mr. Taylor, who is present to my 14 left. 15 0 (Indiscernible). The Honorable Barry G. Williams THE COURT: 8 9 .I N 2 .S. (10:10 a.m.) 3 7 & & J2 M-3 MR. SEIDEL: If I may, Your Honor, noting 16 that the Defendant is present, the family is present, 17 the State would like to just put on the record that we 18 have discussed both with Counsel and I'd like to make 19 it known to the Defendant -- with respect to the fact 20 that he is a juvenile. 21 discussed with his attorney whether or not he wishes to 22 transfer to juvenile court. 23 person and in writing that he did not wish to do that. u s:· ::;.: He is 16 years old we've 0 "w " " 0" w " " c~ w w c- I've been informed both in IT w w s 24 THE COURT: 25 MR. SEIDEL: Okay. w w 0 ~ IT So the State just wishes to make 0 w HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-7 66-HUNT ( 4 8 68) 1-800-950-DEPO (3376) M-4 11/21/2014 1 that record. 2 THE COURT: 3 MR. INSLEY: Your Honor, I want to be 4 absolutely clear, is the State offering to join in a 5 motion to transfer this case to juvenile court? 6 that's different. THE COURT: 7 I have no clue. I've been sitting waiting for the Defendant. 9 here. Gentlemen, where are we? If so, Whatever you 8 He's I mean -- I'm here for If you have something else, just tell me 10 motions. 11 where we are. MR. SEIDEL: 12 Your Honor, the State's ready 13 for trial. 14 to be put on the record to avoid any potential post- 15 conviction issues. Our position is that this at least needed 16 THE COURT: 17 MR. SEIDEL: 18 0 Okay. 19 Okay. Anything else? No, Your Honor. We're ready to proceed. THE COURT: Okay. Your motion. What's your 0 0 ~ :2 w 20 IT ""'~ [ 21 first motion? MR. INSLEY: Your Honor, we would move to w """ "0 " " w "< ~ UJ 22 suppress any evidence -- on our first motion -- any 23 evidence recovered from the search of the home on 24 Cordelia Avenue, Mr. Shemar Taylor's home, that was 25 done pursuant -- or ostensibly pursuant to a pen IT ~ " w 0 ::;;: " 0 ~ HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 M-5 1 register trap and trace warrant, which we believe 2 exceeds the scope of evidence as allowed to be gathered 3 pursuant to that form. 4 THE COURT: 5 MR. INSLEY: 6 THE COURT: Very well. Where's Detective Savage? MR. INSLEY: 9 10 THE COURT: 11 MR. SEIDEL: 12 heard on that matter? THE COURT: 13 14 My first witness would be Detective Allen Savage, who is in the hallway. 7 8 All right. He's in the hallway, Your Honor. Okay. And, Your Honor, if I may be You want to argue that he doesn't have standing? MR. SEIDEL: 15 Both that he doesn't have 16 standing, that a hearing's not required, that the crux 17 of the Defendant's motion is that the police used a 18 machine that the Defense is calling a StingRay machine. 19 We have informed Defense that that was not used in this 20 case. ~ 0 w R ~ 0 0 0 0 u ~ " We've put that in writing in our response. ~ IT THE COURT: So, therefore, it must be true "''ii 21 ,_ 22 and accurate, and the Court doesn't have to get 23 involved in it in any way, shape, or form is what 24 you're saying? w rr w IT. 0 0. w rr rr w w "' ~ "uw """'0w 25 MR. SEIDEL: No, Your Honor. But given that HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 1 we have made this information known to Defense, we've 2 offered the opportunity to speak to the Detective. 3 THE COURT: Well, actually, Detective Savage, 4 step out since I didn't know there was going to be 5 talking while 6 testimony. I thought it was going to be 7 (Brief pause.) 8 THE COURT: 9 All right. Well, first and foremost, I don't see how standing's an issue, but let 10 me hear your argument since you're saying it was his 11 phone, but now you're saying it's not his phone? 12 MR. SEIDEL: No, Your Honor. The State has 13 never said that this phone belonged to Shemar Taylor. 14 The motion, the Defense motion, inaccurately depicts 15 and I'm reading from page one of the motion -- 16 THE COURT: Okay. 17 MR. SEIDEL: 18 was "listed to Shemar Taylor". 19 misrepresentation of the entire sentence. The police state that the number n .w 0 ~ N That1is a 0 ~ 0 u ~ 2 20 THE COURT: 21 MR. SEIDEL: Okay. ~ IT w "~ If I can draw the Court's u IT w ~ c 22 attention to Exhibit A, page two. 0 "ITw 23 THE COURT: 24 MR. SEIDEL: 25 THE COURT: Okay. I'm there, go ahead. ~ w u ~ ~ The Court's indulgence. ~ u 0 2 c M-6 Uh-huh. 0 " HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 1 0 MR. SEIDEL: M-7 On page two, this is the middle 2 of paragraph, the entire sentence reads, "A preliminary 3 investigative query of the phone number of 4 443-220-3091 is listed to Shemar Taylor, having an 5 address of 5263 Cordelia Avenue. 6 arrested on April 26th, 2014, giving a contact number 7 of 443-220-3091 during his booking process." 8 THE COURT: 9 MR. SEIDEL: Shemar Taylor was Okay. The State has never insisted 10 that this phone belongs to Shemar Taylor, simply that 11 he used the phone as a contact number. 12 actually belongs to Gloria Taylor. 13 does not have standing to challenge any police action 14 against Ms. Taylor. 15 THE COURT: 16 MR. INSLEY: The phone So the Defendant Defense, what's your argument? Well, Your Honor, I think the 17 State -- the sentence speaks for itself, that they say 18 that the phone is listed to him, and not only do they 19 just say that in passing, they say that in a 20 application for a pen register, which also is designed 21 then to lead the mutual magistrate to believe that that 22 phone is listed to him. 23 belief, then that -- I guess that leads them with an 24 intentionally misleading statement in their 25 application. 0 0 • = •ww aj ~ w w 0 w ~ 0 So if that is not their honest 0 w w 0 w w w 5 0 w 0 > ~ 0 w HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) M-8 11/21/2014 1 Further than that, if we move ahead, Mr. 2 Taylor's -- not only his phone was searched, but this 3 is also a search of his residence, that he has 4 undisputed that this is his home. 5 is not only the phone, but I think of paramount 6 importance, it searches his home. 7 home -- 8 THE COURT: 9 MR. INSLEY: 10 THE COURT: 11 MR. SEIDEL: 12 THE COURT: So the device search And not just his Mr. Seidel? the entire neighborhood. Excuse me. Yes, Your Honor. Mr. Seidel? Again, this is the 13 application that was signed by the judge -- it happened 14 to be me -- and you just read a sentence that said, "A 15 preliminary investigation query of the phone number of 16 443-220-3091 is listed to Shemar Taylor." 17 MR. SEIDEL: 18 THE COURT: 19 Cordelia Avenue." Right? Yes, Your Honor. "And having an address of 5263 Correct? 20 MR. SEIDEL: 21 THE COURT: Yes, Your Honor. "And that he was arrested on 22 April 26th, 2014, and gave a contact number of 23 443-220-3091." Correct? ~ w w :5 24 MR. SEIDEL: 25 THE COURT: Yes, Your Honor. And now you're saying that you HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 M-9 1 want a court to say well, that's really not true? 2 was okay then, but now don't take that as saying that 3 it's Mr. Taylor's phone? 4 MR. SEIDEL: 5 THE COURT: 6 Is that what you're saying? No, Your Honor. Do you really want to argue any more on this issue? 7 8 It MR. SEIDEL: Our position is that the Defense does not have standing, Your Honor. 9 THE COURT: What's your legal basis for that, 10 then? Give me law that says if you tell a judge that 11 the phone number is listed to this person, that the 12 person used it as a contact number, and that's their 13 address, what's the legal basis to tell this Court that 14 they don't have standing? 15 MR. SEIDEL: 16 THE COURT: Our basis is that the phone -What's your legal basis for after 17 you had -- not you, not the State's attorney's office, 18 a police officer -- presented to the court that this is 19 Mr. Taylor's phone number and his contact number and 20 his address, what is the legal basis for now saying no, "~ 21 judge, you should have listened to me then, but don't ",_w " w " "w w 22 listen to me now? 0 u 0 c :2' 0 Cc w w What's the legal basis for that? 0 ~ q ~ " 0 23 MR. SEIDEL: 24 THE COURT: Respectfully, Your Honor, our I hate when people say w "0""' 25 respectfully. Every time someone says respectfully, C, HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) __ ] 11/21/2014 1 it's not respectful. 2 tell me what you want to tell me. 3 Don't start with that word. Just Detective Savage, in his 4 application was representing to the court that this was 5 used as a contact number by the Defendant with the 6 purpose of getting a search warrant for the address. 7 It had nothing to do with tying this phone number to 8 Shemar Taylor. 9 And I say that, Your Honor, because THE COURT: 10 MR. SEIDEL: 11 THE COURT: 12 MR. SEIDEL: 13 0 MR. SEIDEL: M-10 How can you even say that? Because when -That's exactly what it is. Your Honor, when Shemar Taylor was interviewed -- 14 THE COURT: 15 MR. SEIDEL: 16 THE COURT: Mr. Seidel? Yes? What I'm going to do right now, I want you to rethink 17 I'm going to take a quick break. 18 your arguments that you're presenting to the Court, 19 because you're going down a perilous path. 20 I'm going to give you about five minutes to rethink 21 what you want to even argue as a basis. 22 saying he doesn't even have standing. 23 he can make the Franks hearing, whether or not 24 don't know. So, again, 0 " u ~ 0 IT "'u g You start by ~ IT u ,_ IT Whether or not 0 u "'IT 25 I Because I'm going to hear arguments. But if you're telling this Court that based HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) M-11 11/21/2014 1 on your legal understanding that what is presented to 2 the Court by one of your officers that this is Mr. 3 Taylor's contact number, this is his phone, this is his 4 address, but you're saying he doesn't have standing? 5 I'm curious as to where you go from there. 6 going to give you about five minutes. 7 MR. SEIDEL: 8 COURT OFFICER: 9 (Court recessed.) All rise. (Court reconvened.) 11 THE CLERK: All rise. 12 THE COURT: Thank you. You may be seated. Mr. Seidel, where are we? 14 MR. INSLEY: 15 THE COURT: 16 MR. INSLEY: 17 Okay? Yes, Your Honor. 10 13 So I'm Honor. Your Honor, if I may? Who's may? Oh, sorry. Mr. Insley, Your Mr. Taylor's still in his 18 THE COURT: 19 MR. INSLEY: 20 THE COURT: 21 MR. SEIDEL: You can do the hands. - wrist restraints. Mr. Seidel, where are we? 0 c LU c [ "'" LL' le Yes, Your Honor. The State 22 would be prepared to proceed with Detective Savage's 23 testimony. 24 argument. 0 " UJ rr a.: w w j We'd ask to reserve on the standing I believe Detective Savage -- IT m 0 25 THE COURT: There is no reservation. I asked HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) M-12 11/21/2014 1 you a question. 2 have standing based on your own statements, then 3 effectively what you're saying is, Judge, don't believe 4 it here, but believe there. 5 If you don't want to agree, that's fine. 6 know from a legal standpoint and from a credibility 7 standpoint. THE COURT: 11 MR. SEIDEL: 12 THE COURT: what? MR. SEIDEL: Thank you. I would -First witness. What, you would I would move, Your Honor, to sequester witnesses in the courtroom. THE COURT: 16 0 I'll withdraw my opposition to I'm sorry. 14 15 But I need to the standing argument, Your Honor. 10 13 So there's no reservation. So where are you? MR. SEIDEL: 8 9 If you cannot acknowledge that they Absolutely. Any and all 17 witnesses that are going to testify in this case will 18 stay outside the courtroom. 19 Detective Savage. The first witness is Sheriff, go get Detective Savage. 0 0 20 (Brief pause.) '~ 21 THE CLERK: ~ 22 w ,::: c w [ w 0 w IT Sir, raise your right hand. Whereupon, 0 IT w IT 23 ALLEN SAVAGE, IT w w < _, 24 a witness, produced on call of the Defense, first 25 having been duly sworn, according to law, was examined IT w u "0 0 w HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 1 and testified as follows: THE CLERK: 2 3 you. All right. Have a seat. Thank State your name and your position for the record. THE WITNESS: 4 Detective Allen Savage, 5 currently assigned to the Baltimore City Robbery Unit, 6 Baltimore City. THE COURT: 7 8 THE WITNESS: Good morning, Good morning. DIRECT EXAMINATION 10 BY MR. INSLEY: 11 12 You may proceed. Detective Savage. 9 0 M-13 Q I want to direct your attention to the events 13 of April 30th of this year. 14 at that time? Were you assigned a case 15 A Was I assigned a case? 16 Q Yes, sir. 17 A Yes, sir. 18 Q Is that 19 A Yes. Uh-huh. 0 " w " He said yes. 20 THE COURT: 21 BY MR. INSLEY: aj rr w rr & w rr w r rr 0 rr w IT rr w w ~ ~ 22 Q yes? And did you prepare, in the course 23 of your investigation, did you prepare an application 24 for a warrant in this matter -- or a request for a pen 25 register? IT "'u ~ cc 0 w HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 A 1 2 Q Did you present one for the phone number of 443-220-3091? 5 A Yes. 6 Q And did you author that application for an 7 order? 8 A Yes. 9 Q Did anybody assist you authoring that? 10 A No. 11 Q Did you speak to anybody from the Advanced 12 Technical Team before you submitted that? 13 MR. SEIDEL: 14 THE COURT: 15 THE WITNESS: 16 have. Objection, Your Honor. Overruled. It's a yes or no. I really don't remember. I may There's a possibility. BY MR. INSLEY: 17 Q 18 0 I believe there was more than one pen register issued. 3 4 M-14 After you received an order for this, what 19 time how far down the line was it that you made 20 contact with the Advanced Technical Team? 0 ~ ~ 2 aj IT w ~ 4 w 21 A Maybe a week or two. 22 Q Do you have the date that the order for the w IT w ~ IT 0 w w IT 23 trap pen register on 443-220-3091 was signed by the 24 court? 25 A IT w w ~ IT w u 2 IT I have to look for it. 0 w HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 Q 1 Oh, please. 2 (The witness searched his documents.) 3 THE WITNESS: I don't believe I have a copy 4 in my case folder. 5 warrant, but the trap and trace, I don't have a copy 6 of. I have a copy of the search BY MR. INSLEY: 7 8 Q Can you approximate? 9 A I'm sorry? 10 Q Can you guess? 11 A Guess as far -- 12 Q An approximation. 13 A Like a time frame? 14 Q Right, if you can. 15 I mean I don't want to put words in your mouth. 16 A Maybe two weeks, somewhere around there. 17 Q Okay. 18 So you have a copy of the search warrant that was signed by Judge Lipman. 19 A I have a copy, not a signed copy or -- 2 20 Q Okay. w 21 0 M-15 0 ~ 0 IT c & Do you know what day that that was submitted to the Court? w IT w ~ IT 22 A Somewhere around the 7th -- 6th or 7th of Q And in that application, does that refresh 0 c w IT 23 May. IT w w 5 24 IT w 0 2 IT 25 your recollection, if you read back, as to what time 0c HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 1 well, strike that. 2 Technical Team was involved -- entered this case, 3 entered the investigation? 4 A Do you know when the Advanced They are faxed a copy of the Offense Report 5 right after the offense occurred so they can start 6 doing their paperwork. 7 Q Okay. 8 A Within 24 hours, I'd say. 9 Q Okay. 10 So you prepared the Application for Statement of Charges in this case; is that correct? 11 A Yes. 12 Q And if you review that and specifically page 13 four at the bottom, the bottom three lines -- if you 14 review that, does that refresh your recollection as to 15 when they were actively out working on this case? 16 17 A It would have been right around the 6th the 7th or 8th -- 6th or 7th. (The witness searched his documents.) 18 0 M-16 19 A What page were you talking, Counsel? 20 Q It's page four of six. 21 A Okay. 22 Q So if I may direct your attention to that, it u fr ~ ~ IT w '"~ w u ,_ IT IT 0 IT u IT 23 says, "May 6th, 2014, at approximately 18:10 hours 24 Baltimore City Advanced Technical Team (indiscernible) 25 placed a number inside of the house using sophisticated IT u u s rr u 0 2 "0c HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) M-17 11/21/2014 1 technical equipment." 2 well, strike that. Can you describe for me the interaction you 3 4 had with the Advanced Technical Team to get that 5 information? 6 out there with them? 7 the street? 8 communicating back and forth with you? 9 0 Can you tell me if you know -- A Did they call you on the phone? Were you Were you guys working together on Or is this just something they were I believe it was just a phone call. I was in 10 the process of authoring the search and seizure 11 warrant, and I just called them up to see if they could 12 ride by and see if the phone was in the house. So you asked them to do a ride by? 13 Q Okay. 14 A Yes, sir. 15 Q Why would you ask them to do that? 16 A Just to put in the application for the search 17 warrant more probable cause to establish that the phone 18 was active in that area. Q 19 How would they be able to tell by riding by 0 0 ~ 2 20 if the phone was active in that area? 0 IT w "~ ''w "__ "0 , "w " "''w s "uw 2 ",_ 21 A I couldn't tell you. 22 Q Can you not tell me because you don't know, 23 or because you believe you're not authorized to tell 24 me? 25 A I couldn't tell you what they do, because I 0 HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) M-18 11/21/2014 1 don't know. 2 Q 3 go out to the neighborhood affirmatively? A 4 I don't think so. I don't know. I mean, I you can do it by, like I did on this case, plot 5 can 6 it on the longitude and latitude with historical 7 information. 8 10 But I don't know what they do or how they what they can do. 9 Q I have no idea. So your testimony is that you don't know what they do at all; is that correct? 11 A I can tell you that we fax them reports, they 12 write court orders to locate phones, and if we need 13 additional information from subscriber information, 14 they help us out that way. 15 do when they go out on the street as far as what 16 interaction -- or how they do whatever stuff they have. 17 18 Q Okay. And I don't know what they Did they have a copy -- did you send them a copy of your pen register trap and trace order? 19 A Yes. 20 Q Okay. 21 So you believe that they were doing their ride by pursuant to that order? 22 " But as far as you know, it requires them to A No. I just asked them to go out to see if 23 the phone was in the house. 24 were doing on their own. 25 by. It wasn't anything they I I asked them just to drive I I w 0 & 2 HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) J ---·---~ ,I 11/21/2014 1 2 Okay. You didn't want them to go in the house, did you? 3 A No. 4 Q This isn't a knock on the door, try to get a 5 consent search kind of situation? 6 A No. 7 Q Now after you had that conversation with 8 9 them, did they ever get back to you? A Yeah, they did some time later on that 10 evening or afternoon just to say that it was in the 11 house. 12 Q They said it was? 13 A Uh-huh. 14 Q Did they tell you how they'd made that 15 0 Q M-19 determination? 16 A Nope. 17 Q Were you at any point -- did you at any point 18 question them as to how they were able to search that 19 house while you were still preparing the warrant to 20 search that house? u 0 w :2 ~ u "" it'~ 21 ,_wrr: 22 A I'm missing something. I -- ask me one more w u time, please. 0 u w u 23 Q So you're writing up this warrant application 0 w w :3 "0w ::, 0 24 for the warrant that's going to eventually be signed by 25 Judge Lipman to search the house. That's the basis of 0 w HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 1 that warrant, right, 2 for Cordelia Avenue, that house on Cordelia? 3 A Yes, sir. 4 Q All right. just a regular old search warrant So the night before, ATT rides 5 out at your instruction and you say, hey, ride by and 6 see if the phone's in the house, right? 7 MR. SEIDEL: 8 THE COURT: 9 THE WITNESS: Objection. Overruled. I don't know if I told them to 10 ride by to see if the phone is in the house, or if it's 11 in the area. BY MR. INSLEY: 12 Q 13 14 Okay. When they get back to you, what were they able to tell you? 15 A That the phone was inside of 5263 Cordelia. 16 Q Okay. 18 A No. 19 Q Okay. 17 0 M-20 And did you ask them how they knew that? Now, you stated that earlier on in the 0 G w 2 20 investigation you did a GPS -- sorry -- a cell phone 21 tower triangulation location -- forgive me if I'm using 22 the incorrect technical terms. 23 plot on a map a general location for the phone; is that 24 correct? ~ IT w IT 4 IT w IT w ~ IT 0 IT w IT But, basically, you IT w w 5 IT ~ u > IT 25 A Yes, sir. 2 HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 1 And, did you do that by using what we Q 2 cormnonly ref er to as cell phone triangulation from 3 towers? 4 5 6 7 8 9 A I don't know how to do that. I have no idea how to do that. Q How did you use a map to plot the general location of the phone? A On the calls for service -- on the calls from that phone number, there's longitude and latitude and 10 it has the date and the time, and I used a cormnonly -- 11 it's called "Streets and Trips", which is like a map, 12 like a Google map. 13 latitude for the date and time where the phone was at, 14 and that's what I used. 15 16 17 Q I typed in the longitude and And how accurate are those longitude and latitude? A I'm trusting a computer and what the 18 longitude and latitude are giving me. 0 19 pretty accurate. 0 2 20 Q But you don't know for sure? 21 A I'm going off of a technical piece of u L 0 "w L & m w •" "w " " w " m s 0 M-21 I would say 22 application that you type in for longitude and 23 latitude, and I would trust it just like any other 24 piece of machinery that was giving me the information. " w 0 2 " 0 25 Q Okay. So if we go back to your Application L HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 1 for Statement of Charges, now I'm directing you -- it's 2 basically a continuation from the last time, this is 3 now page five of six at the top. 4 A Okay. 5 Q As that sentence carries, the one that says, 6 that the "ATT used sophisticated technical equipment." 7 What exactly does that mean? 8 9 A That that's what they use. I don't know what they use, but it's got to be sophisticated to find a It's not a 10 phone or to locate a phone some place. 11 guess it wouldn't be an average piece -- like what I 12 did with this, a longitude and latitude finder. It's 13 14 15 0 Q So this is definitely not a longitude and latitude finding from a phone records; is it? 16 MR. SEIDEL: 17 THE COURT: 18 BY MR. INSLEY: 19 Q If you know. 20 A Uh-huh. Objection. Sustained. u 0 c " ~ IT w '~ ~ It's still sustained. 21 THE COURT: 22 BY MR. INSLEY: w '"'"c IT 0 u w u 23 Q Prior to this case, have you worked with the IT w w ' ~ 24 Advanced Technical Team before? IT CD u > "c 25 A Yes. 0 HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 1 2 M-23 Are you familiar with any of the Q sophisticated electronic equipment that they use? 3 A Nope. 4 Q And it's your testimony now that you told 5 them to ride by the house, but you didn't know what 6 they did? 7 A That's correct. 8 Q Is that correct? 9 A Yes, sir. 10 Q And it is your assumption that whatever they 11 used was much more technical and specific than what you 12 do; is that correct? 13 A Yes. 14 Q Moving along, I want to go to your 15 Application for a pen Register, if you want to take a 16 second to flip back. 17 (The witness searched his documents.) I don't believe I have a copy of it in my 18 A 19 case folder. 20 (The witness searched his documents.) 21 MR. INSLEY: 22 23 Do you have an extra one? Because I have an extra one. MR. SEIDEL: (Inaudible reply.) 24 (The witness searched his documents.) 25 MR. SEIDEL: I (indiscernible) copy. HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 1 (The witness searched his documents.) 2 MR. INSLEY: 3 THE WITNESS: 4 But I'll double check. 6 MR. INSLEY: Your Honor, may I approach the witness? 8 THE COURT: 9 BY MR. INSLEY: Q You may. I'm just going to (indiscernible) . (Counsel provided the witness with a copy of 11 12 I'll double check. (The witness searched his documents.) 10 0 (Indiscernible). 5 7 M-24 the document.) 13 A Thanks. 14 Q Now, once again, we are referring to the pen 15 Register Application for 443-220-3091. I'd like to 16 direct your attention to your affidavit, which is on 17 page two. 18 A Yes, sir. 19 Q And down that, there's a sentence that begins u 0 "2 20 with, "Further, Detective Savage reviewed all calls." 21 Do you see that? ~ ""' "~ w """ ~ "0 "'" " "ww s "ww ,~ cc 22 A Yes. 23 Q Now, you stated that between 443-220-3091 and 24 443-902-5350, before and after the robbery, a review of 25 calls placed and received totaled 471 times; is that 0 " HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 1 correct? 2 A Yes, sir. 3 Q Now, can you tell the Court where you got 4 that number, 471, from? A 5 It's calls between the two numbers, and you 6 use a Microsoft app, which is -- it tallies up -- you 7 put, like, Alt F5, you highlight one of the numbers, 8 and it gives you the amount of calls. Q 9 10 Okay. So what time frame were you working with when you told the Court 471? A 11 The first one I have is from 4/17 of 2014. 12 And that's the very first page of 17 pages of 13 communications. 15 So that's 13 days before this robbery Q 14 happened? 16 A Yes, sir. 17 Q And how far into the future does that window 18 0 M-25 go? I don't understand the THE COURT: 19 0 "" ~ 20 question. aj a '"a ct w a w ~ a 0 a a "' a:: 22 s Q The sample size that you were able to use to 23 get the number 471 from, from the phone records, it 24 starts on April 17th. 25 future? w w a BY MR. INSLEY: 21 How far does it go into the w 0 2 a What kind of window are we talking about? () Cc HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) M-26 11/21/2014 1 2 robbery. 3 actually goes back to 4/11. 4 old paperwork. Maybe a couple days after that. Q So we're talking 4/11? 6 A Some of it, yes, sir. THE COURT: 8 summary start 4/11? 10 The calls start 4/11, or did your Between the two phone records? THE WITNESS: 9 But it I'm just looking at some 5 7 They started 4/11. The amount of calls, just calls in general. THE COURT: 11 So the first call between 12 443-902-5350 and 443-220-3091 was on April 11th, or 13 April 17th? THE WITNESS: 14 15 0 I think up to right around the time of the A I've got to look, Your Honor, to make sure. 16 THE COURT: That will be all. 17 (The witness searched his documents.) 18 THE WITNESS: 19 THE COURT: 20 BY MR. INSLEY: It looks like on 4/17 of 2014. Mr. Insley, the next question. u 0 ~ 2 ~ IT '"~ 21 Q 4/17 and then do you have a termination date? '" rr 22 A It's looks like to 5/1. Q 23 Q w Q ~ 0 Q w er THE COURT: So 5/1/14 is the last call w w 5 "uw ;_;: u 24 25 between the two? THE WITNESS: I believe so, yes, sir. 2 HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) l M-27 11/21/2014 BY MR. INSLEY: 1 2 3 4 5 6 Q So the time frame that you used in your application for a warrant was two weeks? A I don't understand what you're saying, what you're asking me. Q Never mind. We can do the math. When you 7 put in your application that it was 471 times, did you 8 include in your application the amount of -- the window 9 of time which you were relying on to make that 10 observation? 11 A No. 12 Q So you left that ambiguous? 13 MR. SEIDEL: 14 THE COURT: 15 MR. 16 INSLEY: Sustained. I have no more questions, Your Honor. 17 THE COURT: 18 MR. SEIDEL: Cross? Thank you, Your Honor. CROSS-EXAMINATION 19 BY MR. SEIDEL: 20 21 Objection. Q Detective, with respect to the question about 22 471 calls, would you please look at your file and 23 identify phone records that total 68 pages. 24 A Yes, sir. 25 Q Do you, in fact, have 68 pages of phone HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 1 A Yes, sir. 3 Q On page one, what is the date? 4 A The starting date is 4/1 of 2014. 5 Q What's the end date? 6 A 5/1 of 2014. 7 Q Okay. Detective, is that the time frame that was used to tally up 471 phone calls? 9 A Yes, that was. 10 Q And that includes both incoming and outgoing 11 phone calls? 12 A Yes, sir. 13 Q Why was that important to your investigation? 14 A It shows a commonality between two people 15 communicating a lot. 16 expertise, I felt that that was probably another person 17 involved in the incident. 18 0 records for the telephone number 443-220-3091? 2 8 M-28 Q And based on my training and Other than the actual number 443-22 -- I'm 19 sorry, withdrawn. Other than the -- Court's 20 indulgence. 21 other than that number being the originating number, 22 can you tell us, was 443-220-3091 the most frequently 23 used number? 24 A Yes. 25 Q Detective, I'd like to draw your attention to 0 0 c "" With respect to the number 443-902-5350, IT w IT ~ w c w ~ 0 IT w IT IT w w ~ w IT w u :;:;: ([ 2 HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) M-29 11/21/2014 1 a serious of documents called LOTUS Notes; are you 2 familiar with those? 3 A Yes, sir. 4 Q And, specifically, would you take a look at a 5 LOTUS note that's dated 5/1/2014? 6 (The witness searched his documents.) 7 Q 8 On the title it says A ATT involvement? 10 Q Yes. 11 A Yes. 12 Q Okay. Now Detective, this is just hours after the incident took place, correct? 14 A Yes, sir. 15 Q All right. 16 17 18 notifiedn; do you see that? 9 13 ~ATT Could you tell us what was ATT's first involvement in your investigation? A They have a copy of the offense report faxed to them. 19 Q Why is that done? 2 20 A It's done on every armed robbery where some " ac "'a. 21 0 u 0 L K type of telephone was taken. w a w ~ IT 22 Q All right. Would you now take a look at a 0 a "'IT 23 note that's dated 5/6/2014. 24 Trace Request 443-220-3091''. It's entitled ~Trap IT w w ~ w a w 0 :2 a 25 (The witness searched his documents.) 0 L HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) and 11/21/2014 1 A Yes. 2 Q You have that in front of you, Detective? 3 A Yes, sir. 4 Q All right. On May 6th of 2014 at about 9:30 5 in the morning, was a trap and trace order submitted 6 before this Honorable Court, Judge Williams? 7 A Yes, sir. 8 Q Who was present when it was submitted? 9 A I believe I was. 10 Q Okay. 11 Did you note whether or not any members of ATT were present at that time? 12 A No, I don't. 13 Q I'm sorry, I 14 A I don't believe -- I don't remember. 15 Q Would you please take a look at your note 16 from May 6th 2014, and see if that refreshes your 17 recollection? A 18 0 M-30 19 also. Yes, they were. They were in the chambers I'm sorry. 0 0 LJ ~ 20 Q Do you specifically know why their presence 0 IT LJ "<0. 21 LJ IT LLi c'~ 22 was necessary? A I believe on that day I was down here to get 0 c. LJ c 23 my trap and trace signed, and they quite frequently 24 come down and meet with Your Honor in regards to 25 reviewing all trap and trace. They come from our HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 I 1 request. 2 don't remember exactly who, but I believe I just gave 3 them the paperwork and they did what they did. 4 Okay. Q Detective, when you say they did what 5 they did, could you explain to the Court -- withdrawn. 6 Are you able to specifically explain what ATT did in 7 this case? 8 9 A I think they send out the trap and trace information to the subscriber. 10 Q Uh-huh. 11 A And then whatever information is fed back 12 13 from them, from the actual provider of the cell phone. Q Are you present when they do any of 14 withdrawn. 15 actions? Are you present when ATT does any of their 16 A No. 17 Q Is it fair to say that you receive just the 18 0 It was just, somebody that was there. M-31 19 substance of what they do? A Yes, sir. 0 0 Q 2 20 MR. SEIDEL: Court's indulgence. 21 BY MR. SEIDEL: 0 IT w Q < w Q IT w b:: 22 Q Detective, on May 8th of 2014, did you have 0 Q w Q 23 an opportunity to take a statement from Shemar Taylor? Q w w ~ w 24 A Yes. 25 Q Could you tell us the facts and circumstances Q w u :'."~ Q 0 Q HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 1 prior to taking that statement? 2 that is what, if anything, did you do prior to taking 3 that statement? A 4 5 And what I mean by We did an information sheet, and then he was given his Miranda rights. 6 Q How was Mr. Taylor given his Miranda rights? 7 A He read them out loud, signed them, agreed to 8 talk. 9 that. 10 11 And then we did an audio-taped statement after Q All right. Did Mr. Taylor indicate he understood his Miranda rights? 12 A Yes, sir. 13 Q And that took place approximately three hours 14 after the execution of the search and seizure warrant? 15 A Yes. 16 Q Did Mr. Taylor ever indicate to you in the 17 18 0 M-32 19 statement what his phone number was? A I don't -- I think (indiscernible) information sheet. u 0 "2 20 Q Specifically, Detective, did Shemar Taylor aj 'r LU " < c. 21 tell you that his phone number was exactly 22 443-902-5350? cc ",_w ~ 0 "rrw ,,ww < ~ 23 A Yes. 24 Q Were you ever able to retrieve subscriber ~ "'u::::: ~ 25 information for the number in question for this 2 HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410- 7 6 6- HUNT ( 4 8 6 8 ) 1-800-950-DEFO (3376) 11/21/2014 1 I heedng, 2 I 3 4 which is 443-220-3091? A I believe ATT got that information also, Q And that number, in fact, comes back yeah. 5 registered to a Ms. Gloria Taylor, not Shemar Taylor, 6 correct? 7 Yes, sir. A MR. SEIDEL: Your Honor, 10 THE COURT: Any redirect? 11 MR. INSLEY: 8 9 15 Yes, very briefly, Your Honor. REDIRECT EXAMINATION BY MR. INSLEY: 13 14 I have nothing further. 12 0 M-33 Detective Savage, very briefly, you said Q Shemar Taylor read his Miranda warning back to you? He -- 16 A Yes, sir. 17 Q And did he have any difficulty reading that? 18 A No. 19 Q None whatsoever? 20 A No, sir. 21 Q Let me go back to your submission of the pen u 0 c " "w 0 "~ 0 "c-w " "rrw Now, you said that there were 22 register warrant. 23 members of the Advanced Technical Team here with you in 24 the courthouse when you submitted that warrant; is that 25 correct? 0 IT w 0 s w w u ::: "'0c HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410- 7 6 6- HUNT ( 4 8 6 8) 1-800-950-DEPO (3376) 11/21/2014 A 1 2 We were sitting in Judge's chambers waiting for the 3 Q Okay. 4 A I don't remember exactly who. 5 Q Is there anywhere there in your notes that 6 8 Who was with you? you could use? A 7 No. I don't actually -- I have no idea who -- I can't remember who it was. Q 9 Okay. When you guys met here and this 10 warrant was submitted, you authored this application 11 for order; is that correct? 12 13 14 15 0 Yeah. A Well, there was two different applications. Q The one for 220-3091, that's your name at the They end that; is that correct? 16 A Yes. 17 Q And as far as you understand, as the 18 petitioning officer for this order, what was that order 19 to be used for? 0 0 "2 " w "?{ 20 A Subscriber information. 21 Q And what do you understand that to be? 22 A Who the phone belongs to. IT w w IT ~ 0 " LLI IT 23 Or who the paying person may have been. CL "'w 5 24 Q The account holder? 25 A I'm sorry? IT w 0 'a: 2 HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-7 66-HUNT ( 4 8 68) 1-800-950-DEPO (3376) -------------------- 11/21/2014 M-35 1 Q The account holder, basically, for the phone? 2 A It could be, yeah. 3 Q Okay. 4 A No. 5 Q Okay. 6 How long were you in with the Advanced Technical Team as far as you know? A I have no idea. 8 Q Okay. 9 10 11 I Anything else? 7 Were you privy to the conversations that they had with the Court? Were you guys all in there together, or did you wait in the -A No. Just in THE COURT: 12 Well -- wait a minute. What do 13 you mean with conversations with the Court? 14 this is going into a different realm that I'm not 15 comfortable with. 17 Because BY MR. INSLEY: 16 Q My question, basically, is -- and allow me to 18 rephrase it -- when they submitted the warrant to be 0 19 signed and they presented this application to the court , 20 0 0 c aj "w "[ w "ccw 21 THE COURT: 22 MR. INSLEY: Which application? The application for the pen 0 w " "0 23 register trap and trace for 443-220-3091. w w s "uw ? "2 BY MR. INSLEY: 24 25 Q --1 That day -- the State on cross referred your HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) M-36 11/21/2014 1 recollection to some notes, which you then refreshed 2 your recollection that you were, in fact, present with 3 members of the, what we're going to call, the ATT, the 4 Advanced Technical Team, the day that it was presented 5 to the Court; is that correct? 6 0 LC "2 I mean, we're waiting in a, you know, we're 7 waiting in Your Honor's office. 8 going into his office as a group. 9 you're indicating, no. We're not physically If that's what They just were here. They have 10 other things that they do with their trap and trace. 11 So it was a benefit for me to just give them the 12 information after it was read by Your Honor, signed, 13 and say, "Here you go.n 14 0 A Q So after you all left chambers together, they 15 left with a copy of this order, too, and they do 16 whatever they and you do what you do, which is, as far 17 as you're concerned, getting subscriber information 18 from the account? 19 A Yes, sir. 20 Q Okay. But you don't know what they do; is 0 IT '"'~ [ w 21 IT "ITc 22 that correct? A Other than fax subscriber information out 0 L "rr: 23 after that, I have no idea. 0 ""'j 24 Q Okay. Was it your intention as the affiant IT w 0 2 IT 25 and petitioner on that warrant for that pen register 0 " HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 M-37 1 order to be used to conduct a search of a phone or of a 2 house or of a general neighborhood by the ATT? 3 A It's my investigation. I, a lot of times, 4 ask them to wait until we develop more information. 5 It's not always them going out directly looking for 6 phones. 7 that we use in criminal investigations. 8 9 Q This is my investigation. They are a tool So it was not your intention that this tool of yours be dispatched in a manner that would, under 10 the auspices of this pen register order, that they 11 would go out and conduct searches of homes or cell 12 phones or anything like that with this sophisticated 13 electronic equipment that you're not really sure what 14 it is or isn't? 15 MR. SEIDEL: 16 THE COURT: 17 THE WITNESS: Objection. Overruled. I can't answer what they do. 18 ask them -- I know in this investigation 19 guys do anything else, consult with me. ""· " 20 what I can build as far as suspect information. & 21 just not going out blind looking for a phone. 22 give them information to assist the investigation, I 23 give them information to assist the investigation. 24 not all the time did we say, go out and find phones. 25 It doesn't work like that. 0 I before you Let me see 0 It's 0 "ww If I can m IT w ~ IT 0 w w IT IT w "'s IT "'02 rr 0 "· HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) But 11/21/2014 1 Okay. In this particular case, while you 2 were preparing the warrant, the search and seizure 3 warrant that was eventually signed by Judge Lipman for 4 the house on Cordelia Road, you said in your 5 preparation you told ATT to ride out and make sure the 6 phone was still there, correct? 7 8 9 10 11 12 13 0 Q M-38 A I don't think I said "make sure". I said go in the area to see if the phone's there. Q So is this for the area, or is this for the house on Cordelia? A Well, if they're going to ride through the block it's going to be in the area. Q You did not instruct them pursuant to this 14 pen register order for the 220-3091 to go out and 15 search, did you? 16 A No. 17 Q Okay. 18 MR. INSLEY: 19 THE COURT: No more questions. Any redirect -- recross -- based 0 ~ w 2 20 solely on the redirect? 0 IT w IT ~ 21 MR. SEIDEL: I do have two brief questions, ~ IT w ~ IT 22 Your Honor. May I approach the witness? 0 IT w IT 23 THE COURT: You may. IT w w ~ ~ 24 RECROSS EXAMINATION IT w u ~ ~ 25 BY MR. SEIDEL: 0 • HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) M-39 11/21/2014 1 2 3 Q Detective, that's a copy of the Court's trap and trace order, correct? A Yes, sir. THE COURT: 4 5 the Motion? 6 MR. SEIDEL: Yes, I believe -- 7 MR. INSLEY: Yes, Your Honor. 8 BY MR. INSLEY: 9 Q Is that an accurate copy of it? 10 A Yes, sir. MR. SEIDEL: 11 12 14 Your Honor, the State would submit that as -- is it submitted in evidence? MR. INSLEY: 13 Make it joint. THE COURT: Well, I don't know. 16 be identified, that's fine. 17 fine, too. It needs to You want it in, that's BY MR. SEIDEL: 18 19 Make it Defense, whatever. 15 0 Is that Defense's Exhibit 1 for Q Detective, would you please read on page two, 0 "" "< 20 IT w "& 21 what was authorized by the Court? A "Authorized to use for a period of 60 days w IT w ~ IT 22 from the date of the installation. A pen register trap 23 and trace, a cellular tracking device to include cell 24 site information, call detail, without geographical 25 limits." 0 "w IT IT w w s IT w u 2 IT 2 HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) M-40 11/21/2014 1 2 3 Q So regardless of your intentions, the Court did authorize all of those? A Yes, sir. MR. SEIDEL: 4 The Court's indulgence. 5 further, Your Honor. 6 THE COURT: 7 (Witness excused.) 8 THE COURT: 9 MR. INSLEY: Thank you. Next witness. Your Honor, there's the detective from the Advanced Technical Team here. 11 don't know if it's a I (indiscernible). 12 MR. SEIDEL: Detective Haley. 13 MR. INSLEY: Haley, Your Honor. 14 THE COURT: Before he comes, just Counsel approach for a moment, please, to make sure 16 (Counsel approached the bench and the 17 following occurred:) 18 THE COURT: Okay. I just want to make sure 19 (indiscernible) the order. 20 right, you just attached the application. 21 attach the order, correct? MR. INSLEY: 22 23 Nothing You may step down. 10 15 rr Okay. Because you attached -- all You didn't That was what I received, Your Honor. 24 THE COURT: 25 MR. INSLEY: All right. w 0 ~ Actually, if I could see the 0 L HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) M-41 11/21/2014 1 document that was -- 2 THE COURT: 3 say. Well, that's what I was going to Because actually this is 4 MR. INSLEY: 5 THE COURT: 6 MR. INSLEY: 7 THE COURT: This is a different thing. That's the order. That's a subsequent order. So, what I was referring to as 8 Defense Exhibit 1 is the Application. 9 be clear on the record. So you want that to be your 10 exhibit, then? 11 I'm sorry, State's Exhibit 1. 13 Yes, State's Exhibit 1. Yes, Your Honor. THE COURT: 14 15 That should be State's Exhibit 2, then? MR. SEIDEL: 12 So that needs to exhibit? Or do you want it as a joint I don't really care either way. 16 MR. INSLEY: 17 THE COURT: 18 MR. 19 THE COURT: INSLEY: We can mark it joint. All right. We're all friends here. That's fine. Madam clerk. So 20 where's a copy of the Application that he had up there 21 (indicating)? 22 MR. INSLEY: 23 THE COURT: 24 MR. INSLEY: 25 THE COURT: May I, Your Honor? Yes. That is, what should be that -- IT 0 u Right, that's what I'm saying. HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) M-42 11/21/2014 1 2 following occurred) : 3 THE CLERK: Yes? 4 THE COURT: All right, madam clerk. 5 0 (The clerk approached the bench and the This is actually -- the Application is Joint Exhibit 1. 6 THE CLERK: Okay. 7 THE COURT: The Order is Joint Exhibit 2. 8 THE CLERK: Okay. 9 THE COURT: It should have been together but 10 it wasn't, so that will clear okay, that was the 11 only reason I brought you up. I just wanted to make 12 sure that I didn't miss something. 13 to call Detective Hanley next? 14 MR. INSLEY: 15 THE COURT: And so you're going Yes, sir. Okay. And while you're here, 16 you're going to have a Franks motion, but you also have 17 a motion for discovery of a motion to dismiss. 18 putting them all together and just arguing? 19 MR. INSLEY: 20 THE COURT: 21 MR. INSLEY: Are you Yes, Your Honor. w 0 w 2 Okay. 0 0 w; w < w And then -- I'm sorry. The m "w c w 0 w w IT w w w < w 22 motion for discovery is going to center more around 23 this detective than -- 24 THE COURT: 25 MR. INSLEY: Okay. 0 "'02 0 -- Detective Savage. 0 c. HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410- 7 6 6- HUNT ( 4 8 6 8) 1-800-950-DEPO (3376) M-43 11/21/2014 THE COURT: 1 2 make sure we were clear. I just wanted to Thank you. (Counsel returned to trial tables and the 3 4 Not a problem. following occurred in open court): 5 THE COURT: All right. 6 THE CLERK: Sir, raise your right hand. 7 Whereupon, JOHN HALEY, 8 9 Next witness. a witness, produced on call of the Defense, first 10 having been duly sworn, according to law, was examined 11 and testified as follows: THE CLERK: 12 13 Thank you, have a seat. State your name and your position for the record. THE WITNESS: 14 15 City Police. 16 Unit. Detective John Haley, Baltimore I work for the Advanced Technical Team Excuse me. DIRECT EXAMINATION 17 BY MR. INSLEY: 18 19 Q Good morning, Detective Haley. 20 A Hello. "c 21 Q I want to direct your attention to, " 22 specifically right now, May 6th of this year. 23 familiar with the events that occurred on that day? 0 0 ,5 '~ " 0 LlJ ~ w ""'" Are you 0 "ITw IT w w s 24 A Vaguely. 25 Q Were you contacted by Detective Al Savage of IT w 0 2 IT () w HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) M-44 11/21/2014 1 the Baltimore City Police Department on that day? 2 A To my recollection, no. 3 Q All right. 5 A No. 6 Q Are you familiar -- how many people are in 4 7 day? your unit? A 8 9 Q A We do the electronic surveillance for the Baltimore City Police Department. Q 14 Were you personally working with Detective 15 Savage in the matter of this case? 16 what case we're here for today? A 17 0 And what kind of work does the Advanced Technical Team do? 12 13 Including our lieutenant and our two sergeants, 12. 10 11 So he never contacted you on that Do you even know Like I said, sir, I just have, like, a vague 18 idea. The State's attorney contacted me a few weeks 19 ago about it. 20 much. I know it was a robbery. I mean, not u 0 u 2 0 c Le! u ~ "u IJJ c- u 0 21 22 Q Did you go to the scene of this robbery at the direction of Detective Savage? Cc w u u 23 A No, sir. 24 Q Did anybody from your unit? 25 A That I know of, no, sir. w w s u 0 0 2 u 0 w HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 Q 1 Does the Advanced Technical Team have the 2 means to go into an area, we'll say a block, and verify 3 the presence 4 lack thereof of a individual cell phone? independently verify -- the presence or 5 MR. SEIDEL: 6 THE COURT: 7 THE WITNESS: 8 BY MR. INSLEY: Objection. Overruled. Yes. 9 Q And how would you achieve that? 10 A Well, we work with the phone companies. Q I'm not asking you about phone companies. 11 12 0 M-45 So like 13 I'm talking about independently, with tools that you 14 have, can you go into an area or a block or a group of 15 houses and independently, through your own use of your 16 devices, surveillance equipment, verify that a phone is 17 or is not in an area? 18 A Yes. 19 Q Okay. What devices do you have at the u 0 w d:'. 20 Advanced Technical Team that enables you to do that? 0 "ww 21 MR. SEIDEL: w 22 THE COURT: [ m w w c 0 0. w w w w m ~ 23 24 0 m 0 2 0 0 w 25 Objection. Overruled, at this point. l M-46 11/21/2014 BY MR. INSLEY: 1 2 Is that a cell phone simulator device that we Q 3 currently call a StingRay made by the Harris 4 Corporation? 5 talking about, or not talking about, right here? 6 A I wouldn't be able to discuss it, sir. MR. INSLEY: 7 8 THE COURT: 11 following occurred) : 12 THE COURT: 14 I'd ask the Court to Counsel approach. (Counsel approached the bench and the 10 13 Your Honor, instruct the witness to answer my question. 9 0 Is that the kind of device that we're Okay. What is it that you're seeking? MR. INSLEY: Detective Savage said that he 15 called them while he was preparing this warrant and 16 told them to ride by and verify that the phone was 17 still either in the house or in the area. 18 remember exactly the words that he used. 19 THE COURT: 20 MR. INSLEY: 21 THE COURT: 22 MR. INSLEY: 23 THE COURT: He didn't All right, so how is u 0 ":;; That is information 0 'T u " § "w ~ "c ~ -- hold on. Let me finish. I'm sorry. 0 c llJ ~ 24 25 I apologize. No, no, no. And I cut you off. But I'm getting to a particular point. MR. INSLEY: (Indiscernible) . HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) M-47 11/21/2014 THE COURT: 1 He's not upset with me. Let the record 2 be clear. 3 him. 4 question had to do with specific information about 5 their technology, which as we know, we may or may not 6 get into. 7 so far. I'm not upset with The record can never show things. But your But that's not relevant to what you've asked 8 MR. INSLEY: The -- Detective Savage says -- 9 THE COURT: 10 MR. INSLEY: 11 THE COURT: 12 0 So I apologize. Yeah, yeah, yeah. -- I'm preparing a warrant -Yeah, yeah, yeah. I got that. Look, look -- 13 MR. INSLEY: 14 THE COURT: -- I called them --- but, what you're saying 15 what you're doing right now and -- so I don't really 16 care -- you're calling into question someone's 17 voracity. 18 is used. 19 But it has nothing to do with what equipment Do you understand what I'm saying? MR. INSLEY: The problem that I have is this 0 " " 20 man was produced by the State and by the Baltimore City w w 21 Police Department specifically to testify about this 22 case in this hearing. w aj IT ~ m w w ~ IT 0 w w IT 23 THE COURT: 24 MR. INSLEY: I understand. IT w :s"' He is now coming in and saying IT w u ::'!' IT 25 it wasn't me. How do I know 0 cc HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 THE COURT: 1 2 Yeah, but that has nothing you're right -- 3 MR. INSLEY: 4 THE COURT: Right. -- but that has nothing with what 5 particular equipment -- it has to do more with the 6 specific day and whether or not someone went by and did 7 what Detective Savage said. 8 issue. MR. INSLEY: 9 10 11 THE COURT: 12 MR. INSLEY: 14 I'll -- I'll -- I'll go Okay. Okay. following occurred in open court): THE COURT: Objection's sustained, at this point. BY MR. INSLEY: 17 18 Okay. (Counsel returned to trial tables and the 15 16 Now, that's a different there. 13 0 M-48 Q Detective, on May 6th, was -- did your unit 19 dispatch -- sorry, I'll use the exact word, its 20 sophisticated electronic device -- in the area of the 21 5200 Block of Cordelia Avenue? 0 3:_1 " aj rr W.I 0. if w rr w c rr 22 A No. 23 Q Forgive me for asking. 0 rr w c Is that a no, because rr w w s 24 you can't tell me or a no because you did not. 0 w 0 2 c 25 A That's a no, 'cause we did not. 0 " HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) M-49 11/21/2014 Q 1 Does the Baltimore City Police 2 Department keep a log of when this device that we've 3 eluded to that's subject to this non-disclosure 4 agreement is dispatched, is used? 5 MR. SEIDEL: 6 THE COURT: 7 BY MR. INSLEY: Q 8 Objection. Sustained. How do you know that it wasn't used then? MR. SEIDEL: 9 10 THE COURT: 11 THE WITNESS: 12 THE COURT: Objection. Overruled. 'Cause -Well, actually -- well, the 13 question is how do you know it wasn't used? 14 your question? 15 MR. INSLEY: Yes, sir. 16 THE COURT: Sustained. 17 BY MR. INSLEY: Q 18 0 Okay. Is that Sorry. In this specific instance, what did the 19 Advanced Technical Team use to provide information to 20 Detective Savage? 0 ci w 2 aj rr w w ~ A 21 Well, from what I know, Detective Savage was ~ w w c IT 0 w 22 able to get a court order signed. He then sent it to 23 us. 24 to T-Mobile. 25 information, the call detail records, that Detective rr w w In this case, it was T-Mobile phone. We sent it w ~ s T-Mobile then e-mailed us the subscriber w w u 2 IT 0 w HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) M-50 11/21/2014 1 2 Q So if Detective Savage 3 THE COURT: 4 MR. INSLEY: 5 BY MR. INSLEY: 6 7 0 Savage requested, which we then forwarded to him. Q Next. You know. You know that. Yes, sir. So it's your testimony that you got call detail records? 8 A Yes. 9 Q And what's that consist of? 10 A Just incoming and outgoing phone calls. 11 Q So there's no way that you could determine a 12 location of a phone into a specific house from using 13 these call detail records; is that correct? 14 A An exact location? 15 Q Yes, sir. 16 A No. 17 Q Do you know -- I know you're speaking -Do you 18 previously, you just spoke from generalities. 19 know which member of the Advanced Technical Team was 20 working with Detective Savage in this case? u C2 ~ ~ IT w 0. ~· w w 21 A No. 22 Q Is there a mechanism to find out? 23 A When you say "working with him", can you C. ,,,,_ w 0 "w IT w w w ~ w w u 2 IT 24 25 further describe that? Q Detective Savage testified that he had 0 w HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 1 contact with your unit on May 6th. 2 A Okay. 3 Q That he asked you guys to ride by the house 4 to make sure the phone was still in the house. 5 A Okay. 6 Q That wasn't you who he spoke to; is that 7 correct? 8 A No. 9 Q Is there a way that your office, that your 10 division, keeps track of people that you could say 11 either today, or after you made some phone calls or 12 whatever, this person is the person who Al Savage spoke 13 to on this day? A 14 I would say, no, sir. I mean, we probably 15 get a hundred phone calls a day. 16 about something back from May the 6th. 17 be no. And you're talking My answer would Q So you don't keep a call log or anything like 20 A No. 21 Q Is it customary for members of the non-ATT 18 0 M-51 19 that? 0 ,," 2 aj IT U: ., "'u; w w IT 5:: 0 w w IT 22 section of the Baltimore City Police Department to 23 informally call you guys up and ask you to do ride bys 24 on locations to verify the presence, or lack thereof, 25 of cell phones? IT w ~ s IT ~ u ""'0 IT w HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 1 MR. SEIDEL: 2 THE COURT: 3 THE WITNESS: 4 THE COURT: A 5 Objection. Overruled. No. Why not? Because we -- Your Honor, we would usually -- 6 we would be making the calls to them to say we're going 7 to work on your case. 8 mean, we kind of -- it's our ball game when it comes to 9 this. They really don't call us. 10 THE COURT: 11 BY MR. INSLEY: 12 13 14 15 16 0 M-52 Q I Next question. But you don't know for sure in this case? You're just speaking generally, correct? A Correct. I can only -- yeah, I can only speak to what usually happens. Q Is it your policy and practice that a pen 17 register trap and trace warrant -- order, excuse me 18 would be sufficient for you to dispatch, if you have 19 one or not, a cell phone simulating device? 0 ," 0 20 MR. SEIDEL: 21 THE COURT: ",_ "0w 22 MR. INSLEY: 5 24 " "ww ii w w " " "ww " 23 Objection. Sustained. I have no more questions, Your Honor. THE COURT: Cross? w 0 2 w 25 CROSS-EXAMINATION 0 w HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 1 2 3 BY MR. SEIDEL: Q Detective, how long have you been with the Baltimore City Police Department? 4 A Thirteen years. 5 Q How long have you been assigned with ATT? 6 A November 20th, will be seven years. 7 Q Could you briefly talk about training and 8 9 experience that you undergo as a member of ATT? Sure. A I mean, basically, it's -- you come 10 down to the unit. 11 for interpreting cell phone records, which would be the 12 -- each carrier gives you the location of the cell 13 phone towers. 14 District Court, Juvenile Court for all different types 15 of cases. 16 training. 17 0 M-53 Q They'll -- I've been through classes I've testified in Circuit Court, But a lot of it is just, I guess, on-the-job Okay. When you talk about classes, if you 18 had to approximate, how many hours of classroom 19 training would you undergo in the last seven years with 20 ATT, what would you say? u 0 w :?. ~ Q UJ Q ~ ""'rw "0w w c 21 A Probably like 80. 22 Q And in terms of the amount of times you've 23 testified in District Court and Circuit Court, about 24 how many times have you done that? "w LU ~ Q 0 0 ? w 25 A Over ten. 0 w HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) j ' 11/21/2014 M-54 1 Q Have you ever been qualified as an expert? 2 A Yes, sir. 3 Q In what fields? 4 A In the cell phone theory. 5 6 7 8 9 And interpreting the cell phone records. Q Could you tell the Court a little bit about your educational background? A Just that, as far as like the unit goes, or whatever? 10 Q Do you have a high school degree? 11 A Yeah, a high school diploma, some college. 12 Q Okay. Now, in terms of the training 13 experience that you received with the ATT unit, does 14 every officer in the Baltimore City Police Department 15 undergo the same training and experience as your unit? 16 A No. 17 MR. SEIDEL: The Court's indulgence. 18 THE COURT: 19 BY MR. SEIDEL: 0 ~ ft Certainly. ~ 0 0 00 0 u "w2 20 "w 21 Q Detective, are you familiar with real time w Cc ~ w cc w c IT GPS capabilities? 22 A Yes. 23 Q Could you briefly describe to the Court what 0 w w IT IT w 0 ~ 24 exactly that is? IT w u 2 IT 25 A Basically, you send the phone company -- just 2 HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 M-55 1 say, we'll use T-Mobile as an example -- a court order. 2 Every 15 minutes they will send you a GPS location, 3 which is the latitude and the longitude of where that 4 handset -- where they're estimating that handset is 5 located. 6 7 Q And that's coming straight from the phone company? 8 A Yes. 9 Q How does that differ from historical cell 10 site data? 11 A Because the cell site data is just going to 12 be -- they're going to tell you when this person made a 13 particular call or received a particular call. 14 registered with this cell site -- or some people like 15 to refer to them as cell towers -- but the cell site 16 location. It just When they give you the GPS locations, a lot 17 ~ N 9 w N ~ 18 of the times it's like a smaller area. Like, they'll 19 give you the latitude and the longitude with the 20 uncertainty -- let's just say it's like 300 meters, so 21 that would be like 900 feet, where an actual cell site 22 would cover, you know -- I mean it's all different, but 23 just 0 £ 0 u 0 w 2 0 "w "~ m "ew 0" IT w IT I mean, it might cover up to like a mile. IT w m s 24 Q Okay. And what kind of technical equipment IT w u 2 IT 25 is being used to perform this action? 0 w HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 1 2 3 4 That -- I mean, that's something that you'd have to talk to the telephone company about. Q Okay. Is it fair to say that it's sophisticated technical equipment? 5 MR. INSLEY: 6 THE COURT: 7 THE WITNESS: 8 BY MR. SEIDEL: 9 Q Objection. Overruled. I guess you could say that. You talked about the range that you can get In your experience, 10 with this real time GPS tracking. 11 what is the smallest area you've seen and the largest 12 area you've seen? 13 A The smallest one I've ever seen is one meter, 14 which would be three feet. 15 like, 1,500 meters. 16 0 A M-56 Q Okay. 17 MR. SEIDEL: 18 By MR. SEIDEL: 19 Q And the largest maybe, Court's indulgence. When ATT conveys information back to a 0 0 w ~ 20 detective, would you agree that it's important to give 21 as accurate information as possible? 0 c w w [ w w w c "0w w "c 22 A Absolutely. 23 Q If ATT were to give a detective information w w j w w 24 that a phone was in a certain location, would they do ~ 25 that with a general 1,500 meter radius? u w 0 w HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 1 A No. 2 Q In what scenarios would they give a specific 3 location? A 4 5 If we actually went out and located the handset. Q 6 All right. You were asked briefly about the 7 term "ride by", Detective Savage using the term "ride 8 by". Do you recall that? 9 A Yes. 10 Q Did ATT, at any point from April 30th until 11 May 8th of 2014 did ATT ever do a ride by for this 12 case? 13 A To my knowledge, no. 14 MR. INSLEY: 15 THE COURT: Redirect. BY MR. INSLEY: 17 18 Nothing further, Your Honor. REDIRECT EXAMINATION 16 0 M-57 Q Now you just said that you would only give 19 the data if you actually went out and located the 20 handset. 0 fl ::;;" aj u l..L! u ~ w IT "',_u 21 A Yes. 22 Q What does that mean? How do you actually go 0 "w UC u w w s 23 out and locate a handset? 24 A By working with the phone company. 25 Q Is that the only way that you do that? u w 0 ~ u ,_ 0 HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 1 MR. SEIDEL: 2 THE COURT: 3 (Counsel approached the bench and the 4 following occurred) : 5 THE COURT: 6 Objection. Approach. What's the basis for your objection? 7 MR. SEIDEL: Given that this detective has 8 already indicated that they did not do a ride by, to go 9 into questioning outside of what he said they did do, 10 which is GPS, would lead us down a road to something 11 that is not relevant. 12 THE COURT: 13 MR. INSLEY: Mr. Insley. Your Honor, I believe the State 14 has opened the door to this line of questioning. 15 I was the one questioning him on direct, I asked him, 16 did you use it in this case, and he said -- generally 17 speaking, he said no. When Now, we all know that Detective Savage said 18 0 M-58 19 that he called these people. He was very clear. He 20 asked them to do a ride by, and he was very clear. 21 that they came back and then confirmed his suspicion 22 that the phone was there. 23 by. 24 didn't" notwithstanding, the State has then opened the 25 door to how would you get to this location. u LC c " And ~ ""'" [ u c "'oc ~ So we knew they did a ride 0 c c '" " < His general, ~I can't say for sure if we did or u u ~ c u 0 s 0 Because 0 c HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 1 they're trying to find another way that they can get to 2 this location, unwittingly. 3 theory that you opened the door by asking him a very 5 specific question which on direct you asked me to -- 6 you objected to and I sustained. 7 the very question that you asked this Court not to 8 allow to be asked. MR. SEIDEL: But then you asked Your Honor, the detective has 10 testified that these GPS -- real time GPS capabilities 11 -- can pinpoint down to one meter. 12 THE COURT: 13 MR. SEIDEL: 14 15 0w THE COURT: You will respond to the Defense's 4 9 0 u M-59 Uh-huh. And so he's not able to specifically say what the range was for this case. THE COURT: Right. Well, Mr. Seidel, you 16 asked him a specific question, which Mr. Insley jumped 17 on immediately. 18 has to answer the question. 19 The objection is overruled. He now With that, maybe you do need some time to 20 speak with him, since your questioning of him in the "ww 21 cross opened the door for Mr. Insley to ask a question • "0w 22 specific that, again, you asked this Court not to " "w m s 23 allow, and I didn't allow. 24 minutes to speak to see what that now entails. 2 0 ~ w w w w w m u ~ rr 0 25 So I'll give you a few (Counsel returned to trial tables and the w HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 1 following occurred in open court): 2 THE COURT: The court will take a very brief 4 THE CLERK: All rise. 5 (Court recessed.) 6 (Court reconvened.) 7 THE CLERK: All rise. 8 THE COURT: Thank you. 3 9 10 0 u M-60 recess. Everybody be seated. Counsel approach. (Counsel approached the bench and the 11 following occurred) : 12 THE COURT: 13 MR. SEIDEL: Okay. Where are we? Your Honor, the State's position 14 would be that the door, whether opened or not, would 15 lead to irrelevant information given that the detective 16 has testified what Mr. Insley's asking about was not 17 used in this specific case. 18 they have the capability would be irrelevant if it 19 wasn't used in this case. 20 MR. INSLEY: And that whether or not My position, Your Honor, is that 21 Detective Savage testified quite certainly that he made 22 a call to them, that he asked them to ride by, in his 23 words, and now, coincidentally, this detective has said 24 we would not use GPS to confirm the location of a phone 25 in a house, because the range of accuracy on a GPS goes ~ 0 u & 0 • HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 M-61 1 from one meter to 1,500 meters. 2 would tell somebody that a phone was in a house is if 3 we did a ride by. 4 So the only way we Now, they're both using a very specific term, 5 which is "ride by". Detective Savage says he solicited 6 information about the specific location of a phone 7 requesting a ride by. 8 specific location of a phone during a ride by. 9 that all of this, notwithstanding his prior general They said we would only give a I think 10 denial without any facts specific to this case, that 11 one was used. And, I mean, he has exhibited 12 THE COURT: 13 MR. INSLEY: 14 specific information. 15 THE COURT: Okay. Well, then -- -- no basis of knowledge for No, the bigger issue has more to well, I shouldn't say 16 do with the whole cell phone 17 cell phone -- the technology to locate the cell phone, 18 which this Court did not allow initially. 19 didn't think it was to be relevant given what Mr. 20 Insley's motion is, the motion -- the Franks hearing 21 to find out whether there's a material omission that 22 was done recklessly or on purpose. Because it 0 IT LU IT & w IT "',_ IT 0 IT w IT 23 But now the State has asked questions to try 24 to bolster its case to be specific about what this 25 detective and his unit would and could do, and what HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 M-62 1 they did not do on that day, which this Court does 2 believe has opened the door to allow the Defense to ask 3 questions about specific technology that was or was not 4 used. 5 It does boil down to a credibility issue. 6 This witness is indicating that he, nor anyone in his 7 unit, allowed their technology to be used -- whatever 8 that is, and this Court doesn't know Detective 9 Savage says, yes, technology was used. He doesn't know 10 what technology was used, but very specific about 11 technology being used to narrow it down to this 12 particular house. 13 going down two paths -- path one, of credibility, as I 14 said, who is to be believed. 15 its determination, if necessary, at some point. 16 This is getting into an area that is And the Court will make But the other path, what technology was used. 17 To be specific, as Mr. -- the Detective Savage said -- 18 that they had to be to get inside this particular home. 19 It wasn't a matter of what Detective Savage's "" 20 indicating that he did longitude and latitude to find w 21 the generic area. 22 I don't know who the "theyn was, he was not specific 23 they told him that the phone was in the house. 24 again, based on the State's questioning of a witness 25 on, I believe it was re - 0 u 0 ~ u ~ He said that they told him they, m IT w c IT 0 IT w IT So, IT w w :s IT w u ~ IT ,_0 HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) l 11/21/2014 1 MR. INSLEY: 2 THE COURT: Yeah, it was cross. -- cross, or it might have been 3 cross exam, whatever -- yeah, it must be, because I'm 4 allowing, so it must have been on cross -- the Court 5 does believe the door is opened. 6 the door. 7 it's relevant or not for the State to determine, I'm 8 sure it's somewhat self-serving to say that it is not 9 relevant. 10 11 0 M-63 The State has opened And it's for the Court to determine whether But this Court finds it is. So I'm going to order the witness to answer the questions. and I'm Now, that said, is he going to 12 talking to you now, State is going to answer the 13 questions or is he going to say no? 14 have to find him in contempt. 15 him in contempt, it's really on you. 16 going to handle that. 17 MR. SEIDEL: In which case I And if I have to find So how are you Your Honor, the witness can 18 answer questions about what was done on this case. 19 testimony has been, and will be, that the technology 20 that Mr. Insley has alluded to was not used. His 0 c •2 w w • •& w •cw " 21 THE COURT: But, no, no. You're not talking It's not the technology. I made it 22 the same thing. 23 very clear in my sustaining certain objections, we're 24 not talking a specific technology except for what he 25 testified to, which is the real time GPS tracking. 0 w w • IT w •s •0w 2 w 2 HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 1 MR. SEIDEL: 2 THE COURT: 3 MR. INSLEY: 5 THE COURT: Mr. Insley referred earlier to What was it? StingRay. StingRay, the StingRay thing. 6 And there's been no testimony to that, because I'm not 7 allowing it. 8 what this witness says and Detective Savage says, I may 9 have to let him get into that, because you opened the 10 But now that there is the dispute between door to that -- 11 MR. SEIDEL: 12 THE COURT: But I -- -- plain and simple. And you I've already 13 want to me to say that it's not relevant? 14 told you that it is, so there's no need to go down 15 that. 16 questions were. 17 0 Right. this, was it -- not the spider thing. 4 M-64 I do believe it's relevant based on the way the Now, the question then becomes -- assuming 18 Mr. Insley asks questions about that, I'm assuming that 19 this witness is going to say he's not going to testify 20 to that, which is certainly fine to the Court, except 21 for one particular issue. 22 something, I expect it to be done. 23 becomes, what are you going to do, since, as I said, 24 you're the one that started the -- when I say "youn, 25 I'm not -- (indiscernible) please understand, I'm not 0 0 "2 ~ IT lil Q CE w IT ,_w IT 0 Q w IT When I order someone to do The question then IT '"w ~ -" IT w u ::: "0 " HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 1 bothered by you, angry with you -- 2 MR. SEIDEL: 3 THE COURT: Of course. -- or anything at all. I'm just 4 saying just from the legal standpoint, that's where we 5 are. 6 to hold him in contempt, or are you going to be in a 7 position that you're not going to go down the 8 particular path? 9 I need to know, because it's going to happen either 10 So are we going to be in a position that I have 12 I need to know. And the reason I say way, and I just MR. SEIDEL: 11 All right. All right. All right. THE COURT: 13 0 M-65 want to know what I'm going to 14 do. I'm sure you've had time to talk with both him, I 15 assume, your colleagues and whoever else, which is 16 fine. 17 MR. SEIDEL: 18 THE COURT: 19 MR. SEIDEL: Of course. So -Of course, Judge, what I can u 0 2 " • "w "~ 20 tell you is that acknowledging the existence of the 21 technology is no surprise. 22 of our motions. It's been mentioned in both w "w ~ "0 "w "c 23 THE COURT: Mention on t.v. I mean, everyone w w s 24 " knows there's a technology. m u 2 0 " " 25 MR. SEIDEL: Acknowledging the capabilities, HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 M-66 1 I think, is, again, something that is not a huge 2 secret. 3 specifics of the technology, I think is going to become 4 a gray area. Going into how the device operates, the 5 THE COURT: 6 MR. SEIDEL: 7 THE COURT: 8 I would agree with that. So if Mr. Even Mr. Insley would probably agree with that. 9 10 Uh-huh. MR. SEIDEL: -- if Mr. Insley wants to ask whether they have the device 11 THE COURT: Well, see, here's the thing, Mr. 12 Seidel. 13 you'd like to. 14 this up here, so we can resolve where we are -- we are 15 -- and we're about to step back and ask whatever 16 questions you want 17 Insley's going to be allowed to ask about technology, 18 specific to this case, and you said, and I wrote down 0 19 that the detective said, that he used real time -- 0 w ::" 20 well, a real time GPS tracking device 21 tracking can be used, which is different than cell 22 sites. You can't tell Mr. Insley what to ask. I know But, again -- and I'm just trying to do we're at a point where Mr. 0 real time GPS aj IT w w LI: ~ IT "'c IT 0 w w w w 23 But because of Detective Savage's specific w aj 5 24 testimony, which is contrary to Detective Haley's 25 testimony, I, as the one who has to make the decision, IT m u 2' IT 0 w HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-7 66-HUNT ( 4 8 68) 1-800-950-DEPO (3376) 11/21/2014 1 need to hear certain things based on what Mr. Insley's 2 going to ask. 3 you're in. 4 plan to extricate yourself from it, and I need to know, 5 because I need to know when I'm holding people in 6 contempt. So it's a precarious position that I get it. But I don't seeing how you're So 7 MR. SEIDEL: 8 THE COURT: 9 MR. SEIDEL: I understand, Judge. yeah. It's hard for me to answer, 10 because I don't know how far Mr. Insley will be allowed 11 to go. 12 may become a point if it continues, given the witness 13 has already said that it wasn't used, if we keep asking 14 questions about technology that wasn't used, even into 15 it's capabilities -- 16 THE COURT: 17 0 M-67 I'm not going to object right now. But there Well, here's the thing. He's saying it wasn't used. 18 MR. SEIDEL: 19 THE COURT: Right. And Detective Savage is saying it u " w ~ "'w " C. [ m " U.I ~ n: 20 was used. Now, we're clear on -- Detective Savage's 21 testimony was such that he didn't know anything about 22 technology. 23 getting back into the whole credibility issue -- the 24 question then becomes who's telling you the truth? 25 What's the situation? The question then becomes -- and, again, 0 w "'rr w u w s w w u cf And then it takes you down a 2 HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 1 different path -- 2 MR. SEIDEL: 3 THE COURT: 4 Right. Okay. -- of what I have to deal with here. 5 MR. SEIDEL: Right. I think, Your Honor, the 6 two positions can be resolved without necessarily 7 contradicting each other. 8 even if Detective Savage asked ATT to do a certain 9 thing, this Detective has testified that they do their 10 THE COURT: No, what he said was it wasn't 12 done. 13 not done. 14 record's clear. 15 Savage says it was done. 16 And what I mean by that is own operations -- 11 0 M-68 That's the thing. He (indicating) said it was He (indicating) said it was done. So the He, Haley, said it wasn't done. MR. SEIDEL: Right. Right. Well, Your 17 Honor, my recollection of Detective Savage was that he 18 asked for it to be done, but that he specifically did 19 not know what they did. 0 0 w :2 < w w 20 THE COURT: Correct. He's saying they didn't w < '~ 21 do anything. Again, Haley is saying nothing was done 22 with Savage. I wrote it down. 23 he said, his unit did not dispatch a sophisticated 24 device to Cordelia Avenue. 25 scene of the robbery, which was -- and no recollection w ",_w "0ww " "ww j "w 0 2 w It's clear this is what They did not go to the 0 w HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) M-69 11/21/2014 1 2 of being contacted by Savage. 3 MR. SEIDEL: 4 THE COURT: I think I do a fairly decent job. If you want the Court to make the rulings about the 6 credibility, so be it. 7 are. 8 assume, your supervisors -- But, again, that's where we So that's what it is, and you talked with your, I MR. SEIDEL: THE COURT: Yes. Yes, you talked with your 11 supervisors, you got the -- Detective (indiscernible) 12 got that, if that's what you want this Court to do, 13 that's certainly fine by me. 14 you want to talk with Mr. Insley and work -- I mean, I 15 don't really care. 16 course, I care. 17 lawyers to be able to resolve the legal issues between 18 themselves or let the Court do that. 19 you are '" 0 ~ Uh-huh. 5 10 ~ again, so and I try to be fair to both sides. 9 ,.,, That's what But, you know -- or if Let me say that one more -- of But what I'm saying is, I expect the But you see where ~ 0 g 0 u 0 2"~ 20 MR. SEIDEL: 21 THE COURT: Yes, yes. aj IT w 0 ~ m w IT iI and Mr. Insley sees where he 22 is, and so, like I said, if you two want to talk -- I 23 don't know what you have 24 more time. 25 issues -- but, again, what do you want to do, Mr. 0 0 w IT but, again, I have a little IT w w < ~ I can resolve these cases -- well, these IT cc u ;I; IT 0 w HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) ,----------"-----------------------", 11/21/2014 1 Seidel? MR. SEIDEL: 2 Well, Your Honor, Detective 3 Savage is still outside, and I understand that the 4 terminology used was "sophisticated technical 5 equipment". 6 Haley about One of the reasons why I asked Detective THE COURT: 7 Mr. Seidel, but that's really not 8 the point. 9 very specific statement, no one worked with Savage. 10 The point is he said -- he, Haley -- made a Savage said he called them. MR. SEIDEL: 11 No, Detective Haley said that 12 they told him it was in the house. 13 transmitted that information. THE COURT: 14 15 16 17 0 M-70 That they How did he get that information? Haley? MR. SEIDEL: testify to that. Detective Haley is prepared to He got it from the -- 18 THE COURT: Tell you what -- 19 MR. SEIDEL: 20 THE COURT: 21 (Counsel returned to trial tables and the -- the cell phone company. u 22 -- then, let's go. following occurred in open court): 23 THE COURT: All right. 24 THE CLERK: Sir, you're still under oath. 25 You may continue. Just state your name for the record. HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-7 66-HUNT ( 4 8 68) 1-800-950-DEPO (3376) M-71 11/21/2014 CONTINUED REDIRECT EXAMINATION 2 BY MR. INSLEY: 3 4 Detective John Haley. THE WITNESS: 1 Q So, Detective Haley, if the Advanced 5 Technical Team were to ride by a house to confirm the 6 location of a phone in or around that house, what 7 technology would you use that is at your disposal to 8 get that information? 9 MR. SEIDEL: THE COURT: 10 Objection. Sustained. 11 understand the question. 12 understand. But, go ahead. I don't BY MR. INSLEY: 13 14 Because I don't even Q You said you wouldn't confirm the location of 15 a phone in a house without doing a ride by; is that 16 correct? 17 A I wouldn't confirm until we actually went 0 ~~~ iB ~ 18 into the location. 0 0 w 0 19 Q Okay. 20 A That's the only way that I would feel u 0 "2w "w "& 21 comfortable giving somebody an exact, you know, "a: 22 address, I mean, if, you know -- unless we, like I'm "w "ww ~ 23 saying, actually went in there. ~ 24 w w 0 w "uw s "0 25 Q So before entry is made pursuant to a warrant, does your office have the means to check if a " HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) lI 11/21/2014 1 electronic device is in the house? 2 verify? 3 A Yes. 4 Q Okay. have to achieve that? 6 MR. SEIDEL: 7 THE COURT: 8 THE WITNESS: 0 Objection. Overruled. We have to get a court order and then work with the phone company. BY MR. INSLEY: 10 11 Independently What different means does your office 5 9 M-72 Q Your prior testimony was that you would not 12 confirm the location of a phone is in a house based 13 solely on GPS technology given by the phone company; is 14 that correct? 15 A Correct. 16 Q And that you would -- you said you wouldn't 17 do it unless you actually went out and located it; is 18 that correct? 19 A Yes. 20 Q How does the Advanced Technical Team go out w u ~ ~ aj ~ w ~ ~ 21 and locate phones? w ~ '",_ ~ 0 ~ w ~ 22 MR. SEIDEL: 23 THE COURT: 24 THE WITNESS: Objection. Overruled. ~ '"_, ~ ~ cc w u > ~ 25 Well, working with the phone company, they give GPS locations. And then there's 0 ~ HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) M-73 11/21/2014 1 equipment that we would use, that I'm not going to 2 discuss, that would aid us in that investigation. BY MR. INSLEY: 3 4 Q what is the nature of that equipment? 5 MR. SEIDEL: 6 THE COURT: 7 THE WITNESS: 8 Objection. Overruled. I don't -- I'm not understanding. BY MR. INSLEY: 9 10 Q What do you have? 11 A Not -- I'm not going to discuss that, sir. 12 13 MR. INSLEY: THE COURT: 15 THE WITNESS: discuss it, sir. Your Honor, I would ask the Answer the question. I'm not going to. I can't It's a non-disclosure agreement. 17 MR. SEIDEL: 18 THE COURT: 19 What's the equipment? Court to instruct the witness to answer the question. 14 16 0 How Your Honor, may I -You don't have a non-disclosure agreement with the Court. Answer the question. u 0 c "rr: 20 THE WITNESS: 21 MR. SEIDEL: 22 THE COURT: Well, I can't. 0 w c ~ m w "c IT Your Honor, may I be heard? You have -- what would you like 0 IT w IT u 23 to say, sir? w m s 24 MR. SEIDEL: I just ask that the questioning IT m 0 " IT 25 be specifically limited to what was done in this case. ~ HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-7 66-HUNT ( 4 8 68) 1-800-950-DEPO (3376) M-74 11/21/2014 1 As I said at the bench -- 2 THE COURT: 3 MR. SEIDEL: 4 THE COURT: 5 THE WITNESS: 6 THE COURT: 7 THE WITNESS: 9 THE COURT: MR. SEIDEL: I'm sorry. I can't. If you do not answer the Okay. Do you still want him to answer Your Honor, I'd ask for a brief postponement to speak with my supervisors. THE COURT: 13 0 Answer the question. the question? 11 12 Thank you. question, I'll have to hold you in contempt. 8 10 You may be seated. No. We we -- this -- this has 14 been discussed over and over and over again. We are at 15 the point now, is the State continuing with the case? 16 If so, the witness has been duly ordered to answer the 17 question. 18 answer based on the State's questioning of this 19 witness, the nature of this particular case. 20 continuing with this case in order for me to know that? 21 I need to know whether I need to hold this witness in 22 contempt for his failure to answer a direct question of 23 the Court. I believe it's an appropriate question to Are you u 0 '"2 aj IT w w §: (fj IT w r IT 0 IT w IT IT w ~ s w ~ u 2 w 24 25 MR. SEIDEL: Your Honor, I'd ask for an opportunity to voir dire the witness. 0 w HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 THE COURT: 1 0 M-75 You've had ample opportunity to 2 talk to this witness, to talk to the witness outside, 3 to talk to your supervisors. 4 to this point. 5 have for you. 6 another way, or, again, this witness has been asked a 7 question that this Court believes is an appropriate 8 question to be answered. 9 will not answer the Court's question, because he says You knew you were getting It is a very specific question that I Are you ready to resolve this case in This witness has indicated he 10 that there's a non-disclosure agreement that he has 11 with who's your non-disclosure agreement with, sir? 12 THE WITNESS: 13 THE COURT: That's through the FBI. Through the FBI. This Court is 14 no party to that whatsoever and has not been apprised 15 of that. 16 very simple one. 17 point where there's a requirement for this officer to 18 answer said question? 19 MR. SEIDEL: 20 THE COURT: 21 MR. SEIDEL: 22 (Brief pause.) 23 MR. SEIDEL: 24 THE COURT: 25 MR. SEIDEL: You were aware of this. My question is a Are you continuing this case at this May I have a moment, Your Honor? 0 "" 2 You may. ~ IT w Q < Thank you. Q w IT w 5= 0 Q w IT cc w w ~ ~ May I, Your Honor? You may. Q w 0 2 Q Your Honor, the State's position 0 w HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11 M-76 1 is that we would submit on the Defense motion to 2 suppress what was recovered in the house during the 3 execution of the search warrant and specifically what 4 I'm referring to, there was a .45 caliber handgun, a 5 magazine, eight rounds, and in the Defendant's 6 possession was a cell phone recovered in his pocket. 7 believe that's the crux of the Defendant's motion to 8 suppress. 9 rest of the case. I We're still prepared to proceed with the 10 THE COURT: 11 MR. INSLEY: Defense, you want to be heard? Well, Your Honor, I'm going to Is the State 12 have to split hairs here with the State. 13 saying that they are agreeing not to use evidence that 14 was taken as a result of this warrant into the house? 15 Which would also include a statement -THE COURT: 16 0 1 2014 Well, what they're asking -- you 17 were asking -- I'm looking at your motion -- you asked 18 for the items to be suppressed that were recovered at 19 the Cordelia Avenue address. Is that accurate? 0 0 c ~ 20 MR. INSLEY: 21 THE COURT: That is accurate, Your Honor. aj IT w IT ~ All right. Hold on one second. w IT w ~ 0 22 All right. Just a second, I'm not sure that I have 23 your motion. 24 was signed by Detective Savage; is that correct? 0 IT w IT c w And that was pursuant to the warrant that w ~ ~ 0 w 0 ~ c 25 MR. INSLEY: That is, Your Honor. 0 c HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) M-77 11/21/2014 THE COURT: 1 2 you are submitting on that issue? MR. SEIDEL: 3 Yes, Your Honor. Perhaps if I 4 could clarify the reason why I've worded it the way I 5 have, is because hours later after sufficient Miranda, 6 there was additional evidence that was obtained. 7 position is that evidence is attentuative. THE COURT: 8 9 Is it -- I'm sorry. speaking for what, again? MR. SEIDEL: 10 Our You were Say that again. The Defendant made a statement, 11 Your Honor. 12 was taken on a later time with sufficient Miranda 13 warnings would be sufficiently attentuated. 14 submitting to the property that was seized during the 15 execution. 16 0 And State, if I hear you right, And our position is that a statement that THE COURT: We're only Well, I'm just trying to figure 17 out what's before this Court. Before this Court is the 18 motion to suppress any items found at the Cordelia 19 Avenue address. 0 0 •2 20 MR. SEIDEL: Correct. 21 MR. INSLEY: Well, the problem is, Your 0 "ww ~ w w •w "0 "cw 22 Honor, it's a fruit-of-the-poisonous-tree argument. 23 Because after the Cordelia Avenue address, then -- one 24 of the things that was seized at Cordelia Avenue was 25 Shemar Taylor. Then, he goes - HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) M-78 11/21/2014 THE COURT: 1 Hold on one First and foremost, let's see -- Counsel 2 second. 3 approach briefly. 4 (Counsel approached the bench and the 5 following occurred) : 6 THE COURT: It's easier than just bringing 7 him in and out. 8 submitting on the motion to suppress the items 9 recovered at 5263 Cordelia Avenue. All right. So, the State is And that would 10 include a phone, the body of Mr. Taylor, what else 11 and you said a gun -- and what else? 12 else was recovered? 13 MR. INSLEY: 14 THE COURT: 15 0 Hold on one second. Hold on. What A cell phone. The State. I was talking to the State. 16 MR. INSLEY: Oh, sorry. 17 MR. SEIDEL: Oh, I'm sorry, Your Honor. The 18 State's submitting on the gun and the cell phone that 19 was recovered. 20 don't believe you can suppress the body. But we don't submit on the body. I u ,_ G ' THE COURT: 21 You may have a point there. 22 they got to the house. 23 phones. 24 I'm ready to roll. 25 through. So There was a DNR for both Mr. Taylor's connected to it. I'm good. Okay. Okay. I had to think it HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) M-79 11/21/2014 1 MR. SEIDEL: 2 THE COURT: 3 hold on. of arguing used here, you know, where he's saying the 6 statement's 8 Hold on one second. Detective, you may step down. THE WITNESS: Thank you, sir. 10 (Witness excused.) 11 MR. INSLEY: And also, you know, forgive me 12 for being -- forgive me for the semantics, but I think 13 the State submitting on an argument doesn't mean that 14 they are conceding that point. 15 THE COURT: 16 get to that. 18 Oh, I agree. And we're going to I have no problem with that. MR. INSLEY: 17 •2 (indiscernible) -- THE COURT: 9 0 Well, I think there's two terms 5 7 u u You want to say some -- well, You want to say something before I rule? MR. INSLEY: 4 All right. Right. It just means that they are not going to argue it. 19 THE COURT: 20 MR. INSLEY: I understand that. But, I think the burden's still 0 u w • •m 21 w 22 ~ u ~ u 0 on me. THE COURT: It won't be in a second. I'm w •• u •m s 23 assuming from what you're saying -- unless you really 24 want me to have that witness testify u m 0 2 c 25 MR. SEIDEL: I don't -- 0 • HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) J M-80 11/21/2014 1 THE COURT: 2 MR. SEIDEL: 3 I knew what language was used. I don't think Detective Haley wants to see a cell today, Your Honor. 4 THE COURT: 5 anyone in a cell unnecessarily. 6 submitting. 7 conceding, is that correct, for the gun and the -- was 8 it the gun and the cell phone? 9 MR. INSLEY: The gun and the cell phone and 11 MR. SEIDEL: Yes, Your Honor. 12 THE COURT: 13 MR. SEIDEL: 14 THE COURT: 10 No. And I don't like putting So you're beyond the That's the language you used. But you are Shemar. 15 on Shemar. 16 on that. 17 in a second. And we Yeah, you're not really conceding But that's fine. They can make arguments Whether I agree with you or not, we'll know MR. INSLEY: 18 Well Well, here's the problem with 19 that. Detective Savage said that Shemar Taylor read a 20 Miranda form and got into (indiscernible) -THE COURT: 21 Yeah, but I'm not going to get 22 into that. And the reason I'm not getting into that, 23 because I wasn't here for that purpose now. 24 that's a whole separate hearing. 25 MR. INSLEY: Because That is. HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) ·~~~--~~~-=1~-~8~0~0_-~9~50-DEPO (3376) M-81 11/21/2014 1 THE COURT: 2 MR. INSLEY: 3 4 5 6 7 8 9 10 That's Yeah. But, this is zigging and zagging as it were. THE COURT: Right. I mean, that's a whole separate hearing that this Court -MR. INSLEY: We have an undertaking, and I understand. THE COURT: Right. Exactly. So I'm here for a very specific purpose, and you would agree with that; is that correct, Mr. Insley? 11 MR. INSLEY: 12 THE COURT: 13 MR. INSLEY: 14 THE COURT: 15 MR. INSLEY: 16 THE COURT: Oh, yes. Yeah. We are definitely -Okay. -- here for a specific purpose. Okay. No, just so we're clear. 17 I understood the testimony from Detective Savage about 18 the, you know, Miranda and whether he could read or 19 whether he couldn't read. 20 import to this Court for its determination as to "J 21 whether or not the State has conceded on the gun and ",_c 22 the cell phone. 0 But, again, that's of no 0 0u_ " a: aj w "0 "cw "cw s "0w :2 a: 0 c 23 They've not conceded on the body. I don't 24 really think they necessarily need to. But I'm only 25 going to rule on, basically, the technological aspect HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) __j M-82 11/21/2014 1 of this. 2 MR. INSLEY: 3 THE COURT: 4 5 MR. INSLEY: 6 THE COURT: Okay. We're clear. course, where does that place us? 8 want to MR. INSLEY: Now, of You -- I guess you Well, here's the thing. THE COURT: 12 MR. INSLEY: Uh-huh. Now, the whole case is -- a call 13 came in for a pizza robbery on one phone. 14 called another phone, which was Shemar's phone. 15 THE COURT: 16 MR. INSLEY: 17 THE COURT: 19 Absent contact. Yeah, we don't need to go into all that. MR. INSLEY: Yeah. there's -- I understand. 21 puzzle again 22 THE COURT: 23 MR. INSLEY: 25 That phone Somebody. 20 24 Now we've got to look at the whole case. 11 18 •2 Yes, sir. 7 10 0 0 Because that's all that you asked me to do. 9 0 Yes, sir. Absent contact. I mean, I had to put together a Not from -- yeah. with these pieces missing and see where that leaves us. THE COURT: That's fine. Then, so I assume HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 1 you'll be asking -- you'll not take a plea. 2 asking to go to reception court, unless you two can 3 work out a plea? 4 5 You're MR. INSLEY: Well, I think that once this MR. SEIDEL: We (indiscernible) our witness hearing's 6 7 is here. 8 sent me an e-mail and requested trial today. 9 I was told this is for trial, and Mr. Insley THE COURT: 10 Okay. The problem that may come about is your concession -- 11 MR. SEIDEL: 12 THE COURT: Right. -- based on your desire not to 13 see a witness go to jail. 14 on up, and I can make all the rulings. 15 where this case is. 16 0 M-83 MR. INSLEY: Now, I guess we can back it Or you can see So -Well, the problem here is, we 17 still have -- there's A and B side to this argument and 18 to my motion. 19 part of this motion that's not -- that we haven't 20 talked about in the last five minutes, which is there's 21 the whole it-should-be-suppressed stuff. Because there's a whole part -- or this 0 ,cc" 0 "w "[ m w " ~ Q 22 And then there's also the whole -- the 0 Q w " 23 mandatory disclosures on the discovery (indiscernible), 24 you know, 263(d)7, I think it is, is any and all means 25 of electronic surveillance used in this case. I So even HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) ___ 1_-800-_950-DEPO (3376) L.____. M-84 11/21/2014 1 though this issue, this narrow issue, may become 2 mooted, the discovery rule still mandates a disclosure. 3 And I think that on that issue, the State has not 4 conceded. 5 that they would provide me with this information that 6 they don't want to provide me with. 7 motion is moot, I still have Detective Savage coming in 8 for a witness on the merits. THE COURT: 9 MR. INSLEY: 10 11 0 Because in order to concede, would then mean So even if the Uh-huh. I still have somebody coming in from ATT as a witness on the merits. 12 THE COURT: 13 MR. INSLEY: Uh-huh. You know, all these other 14 people. So then, even if the State says, well, we're 15 going to submit as to the suppression 16 THE COURT: 17 MR. INSLEY: 18 THE COURT: 19 MR. INSLEY: Uh-huh. -- that's fine. Concede. Concede, that's right. That's 0 0 "' 20 fine. But that still triggers -- and I think the Court "" ~ 21 has heard enough today from Detective Savage and from 22 the -- I'll characterize the testimony as evasive -- 23 from ATT to lead the Court to believe that, yes, in 24 fact, there was some sort of (indiscernible) -- as they 25 stated it was. 0 c m IT ti IT 0 IT w IT IT w w ~ w IT w u 2 IT I mean, I'm not on a fishing expedition 2 HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 1 here. 2 Detective Savage is now come in under oath and said, I 3 asked them to do a ride by. 4 ATT, Detective Haley -- has now said, I wouldn't give 5 that information without doing a ride by. They stated they used a device. 6 They've now -- This guy's now said And, the State wants to concede the motion. 7 But the problem is, I still need these mandatory 8 disclosures under the Rule for my case in chief. 9 even if they concede their motions, I still have a So 10 motion to compel in there, which says under these 11 Rules, any -- I mean, the Rules are very, very broad 12 it says any device used for any surveillance, whether 13 you want to call it cell tower mimicking, I mean, it is 14 what it is, and I think the THE COURT: 15 0 M-85 Well, but the testimony -- but, 16 you have that. 17 indicated that he didn't know what was used, and 18 Detective Haley said that he used the real time GPS 19 tracking. The testimony now is, Detective Savage u 0 w 2 20 MR. INSLEY: But he also said, I would not ~ 0 w w ~ w 0 ,_w 21 confirm the location because of the range of one meter 22 to 1,500 meters -- the range and accuracy 23 not confirm a device's location in a house, and I think ' 24 he actually said, without riding by. "'0"2 25 two different guys both using this term riding by, 0 I would 0 w w 0 "w w ~ " So now we have 0 w HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 1 which implies the use of some sort of electronic 2 device. I don't know any human being that can just 3 4 ride by a house and pick up cell phone signals with 5 their skull. 6 the world, and I can't do it. 7 State concedes the suppression points, there's still 8 mandatory disclosures under the Rule. 9 says any and all electronic surveillance devices. I don't have much between my skull and 10 THE COURT: 11 over to the Defense? 12 discovery is. So I think even if the And the Rule Mr. SEIDEL, what did you turn And I don't know what the 13 MR. SEIDEL: 14 the Detective's file. 15 doesn't exist. 16 face that the device wasn't used and that the device 18 The phone records, Your Honor, I can't turn over something that And I can say until I'm blue in the THE COURT: 17 0 M-86 But, again, you keep saying "the device". 19 MR. SEIDEL: 20 THE COURT: The StingRay device. u ~ ~ Again, at this point, I'm still ~ "c IJj ~ 21 not talking about the StingRay device. C. w "'",_c 22 MR. SEIDEL: 23 THE COURT: Right. 0 c w " If it wasn't used, then what was ~ w m s " 24 used? And he said the real time GPS tracking. m 0 "' MR. SEIDEL: 25 The real time GPS. 0 " I I I L HUNT REPORTING COMPANY Court Reporting and Litigation Support I Serving Maryland, Washington, and Virginia I 410-766-HUNT (4868) 1-800-950-DEPO (3376) ______________,__. _ ! II ·-----~=--=-"-=:;;:._-'°'=~-'-'=:_::_:_:::_,_ M-87 11/21/2014 1 THE COURT: 2 MR. SEIDEL: 3 THE COURT: Right. know what that -- well, 4 actually, I do know what that is, but, you know 5 okay. 6 what you have. 7 that's a separate part. So that's the testimony. MR. INSLEY: 9 THE COURT: MR. INSLEY: 12 THE COURT: 14 15 Well, we're not done yet. Yeah, we're pretty much -- we are. 11 13 So Mr. Insley, that's Now, whether you believe the testimony, 8 10 0 So whatever that is, I don't -- I mean -What else is there? What'd I miss? MR. INSLEY: Detective Savage said they went out and did ride by -- 16 THE COURT: 17 MR. INSLEY: 18 THE COURT: 19 MR. INSLEY: 20 THE COURT: 21 MR. INSLEY: 22 THE COURT: 23 MR. INSLEY: Right. -- at my behest. Right. This Detective says -- u 0 " "c They didn't. % ""'~ w ",_w "0w " " "ww s "w 0 ::; "0 -- they didn't. Right. But he also says, the specific 24 information that I gave Detective Savage -- or that the 25 specific information that Detective Savage requested, " HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) '---~~~~~~~~-=-1-~00-950-DEPO (3376) 11/21/2014 1 he would not give 2 THE COURT: 3 MR. INSLEY: 4 THE COURT: 5 M-88 times. without -And I've heard that a number of What -- why am I MR. INSLEY: 6 I got all that. -- So, I mean, come on. We know 7 they used it. 8 letter to my co-defendant. 9 discovery rules mandate the disclosure of all the They conceded that they used it in a The problem now is the 10 electronic surveillance used in my case. 11 the Court cannot credibly say, oh, well, I'm just going 12 to believe this guy who doesn't even know what he faxed 13 on this case. 14 THE COURT: Well, it's not a matter for me -- 15 because I don't need to believe. 16 me believing at this point. 17 MR. INSLEY: 18 THE COURT: So I think It's not a matter of Right. Because I'm not the trier of 19 fact. I'm the one who's going to decide whether or not 20 you get what you ask for. 21 MR. INSLEY: 22 THE COURT: Yes, sir. This is what they said they used. 23 Now, can you cross until the cows come home? 24 Absolutely. 25 I got no control over that. MR. INSLEY: Right. And that's not my HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-7 66-HUNT ( 4 8 68) 1-800-950-DEPO (3376) M~89 11/21/2014 1 2 (Indiscernible) -- intention. THE COURT: No. No, no. I'm 3 it's -- so what I'm saying is, again, the whole 4 well, never mind. 5 point is, I'm about to rule in a few seconds. 6 once I rule, you decide what you need to do. 7 that you wanted to rethink this case in light of their 8 concession. 9 10 I don't need an analogy here. MR. INSLEY: THE COURT: The Then, You said Yes. That's fine. You don't want them 11 to rethink it, but you've already conceded. 12 really sure what other path you can go down. 13 if you start the trial now, you already acknowledged 14 that you gave them the GPS tracking device and the cell 15 records, correct? 16 MR. SEIDEL: 17 THE COURT: 18 I'm not Because Yes. And you've already heard testimony that more was done, correct? 19 MR. SEIDEL: 20 THE COURT: & 21 MR. SEIDEL: "",_w 22 THE COURT: 0 No, no, no. That more was done? u G w :'2" Right. '" u w w "0w w w 23 "w m s 2 w That they you didn't hear him say that they drove by the house? 24 MR. SEIDEL: 25 THE COURT: " m u No, Your Honor. No. And that they - 0 w HUNT REPORTING COMPANY Court Reporting and Litigation Support I Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) ,__ _ _ _ _ _,____~1-__:8"-'0"-'0"---~9""5'-'0'---"Dc=E"°P-"O'...-l(°"3°"3~7~6L)_ _ _ _ _ _ _ _ _ _ __] 1• M-90 11/21/2014 1 MR. SEIDEL: They didn't drive by the house. 2 THE COURT: Well -- who -- you're saying that 3 Savage is a liar, then? MR. SEIDEL: 4 I'm saying that 5 Detective Savage asked them to do something and what 6 they did is not what he asked them to do. 7 MR. INSLEY: They did not say that. 8 MR. SEIDEL: That's -- that -- if the 9 testimony didn't come out that way, we can put 10 Detective Savage right back on the stand and ask him 11 again. But that is what took place in this case. THE COURT: 12 Excuse me a second. I'm not I'm going to make my rulings. I'm 13 going to do that. 14 going to let you go to reception court to get another 15 date. 16 17 18 0 No, Your Honor. Because I'm clear on what happened. MR. INSLEY: Thank you. Are you going to rule on my motion to compel? THE COURT: Yeah, but he said that he's 19 turned over what it is. Now, again, that gets into the 20 whole issue of having Savage and Haley and everyone 21 else -- again, that's a cross-examination issue. 22 That's not an issue for me. 23 determination as to what he's turned over. 24 I've been very fair to both sides. 25 he's going to stick with, that's up to him. u 0 ~ ~ ~ rr w ~ 4 ~ w ~ '" ~ Q He's the one who makes the 0 ~ '" rr rr Now, again, w w s But if that's what rr w 0 2 ",_0 HUNT REPORTING COMPANY Reporting and Litigation Support I. Court Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) ,I 1-800-950-DEPO (3376) ~-------- -~~-~~~-'--'----''-"'---'----''--'-'-----'--'"----------------"' 11/21/2014 1 MR. INSLEY: 2 THE COURT: 3 (Counsel returned to trial tables and the 4 6 THE COURT: MR. INSLEY: Step back. Mr. Insley, you want to be heard? Your Honor, based on our 8 discussions at the bench, I believe that the State is 9 conceding the search of the home on Cordelia Avenue, 10 which I would believe would encompass any and all cell 11 phones that were recovered from the house. 12 handgun recovered from the parents' bedroom. 13 that that is going to be an agreement to be suppressed. 14 It is -- 15 THE COURT: 16 last thing you said. MR. INSLEY: 17 •2 Thank you. It is your motion. 7 0 0 Yes, sir. following occurred in open court): 5 0 M-91 I'm sorry. There was a I believe I didn't hear the I believe that that is an 18 agreement that the State is conceding that they're 19 going to suppress the handgun, the cell phone. 20 our position that any statement solicited as a result 21 of this entry should be suppressed, as well, made by 22 Mr. Taylor as a result of this -- at this point, what I 23 (indiscernible) the State is conceding was an illegal 24 search. It is ~ IT w IT ~ m IT w c IT 0 IT w IT IT w m 5 IT m u 2 IT 25 THE COURT: All right. Mr. Insley, you do 0 • HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) ~~~~~~~~~ 11/21/2014 1 acknowledge that the request for the suppression of 2 your client's statement is not before this Court at 3 this time? 4 MR. INSLEY: 5 THE COURT: 6 MR. INSLEY: 7 THE COURT: 8 9 I do. Okay. Then, I appreciate that. Well, I -You can't -- but you can't take it back. MR. INSLEY: I just want to caption that by 10 saying, you know, what I believe the wording was, any 11 fruits of the poisonous tree as a result of that 12 warrant being issued. 13 THE COURT: 14 MR. INSLEY: Okay. Which, in my position, would 15 definitely be the subsequent interview of Mr. Taylor 16 after his seizure. 17 0 M-92 THE COURT: Well, you do acknowledge that 18 there was the DNR that listed Mr. Taylor's phone number 19 and listed him as the user of the phone, was it 20 443-220-3091, correct? 0 0 •2 21 MR. INSLEY: 22 stated that. 23 Taylor to that phone. I acknowledge that they have I have not seen any document linking Mr. 24 THE COURT: 25 MR. INSLEY: Okay. All right. c • 0 2 c 0 Actually, you know what? I'll • HUNT REPORTING COMPANY Court Reporting and Litigation Support I " Washin.~g_t_,_o~n~,~a~n-d~V~i·-r-g_i_n_i_a~~~~~~__ill.1 Serving Maryland, 410-766-HUNT (4868) ~~--~~~~~~-=-l--8~0~0"--950-DEPO (3376) 11/21/2014 1 submit on that. 2 that discovery or not. I don't know if that was in there in 3 THE COURT: 4 MR. INSLEY: 5 THE COURT: 6 Okay. I believe it may have been. All right. And the State, you're conceding the phone and the handgun; is that correct? 7 MR. SEIDEL: 8 THE COURT: 9 M-93 Correct, Your Honor. All right. So the motion to dismiss the handgun that was recovered from Cordelia 10 Avenue address and the phone, which I believe was the 11 number 443-902-5350, that motion to suppress is 12 granted, because the State has conceded those issues. 13 Now, we have the issue of a discovery violation alleged 14 by the Defense. 15 there? 16 Mr. Insley, you want to be heard MR. INSLEY: Absolutely, Your Honor. Your 17 Honor, it is our position and I believe the testimony 18 is laid clear, that a surreptitious electronic device 19 was used in the course of the investigation of this 20 case for the purposes of getting a warrant, yes. " 21 also in the general course of the police investigation, ""c 22 Detective Savage testified with certainty and ""'c 23 credibilty that he contact -- while he was authoring 24 the affidavit for the search warrant for the house, the 25 warrant that was eventually signed by Judge Lipman for 0 0 0 c 2 But ~ c w [ w c ~ 0 ~ w w 5 c w 0 :;s: c 0 c HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) ~-~~~---· I J 11/21/2014 M-94 1 Cordelia Avenue -- he called the Advanced Technical 2 Team and asked them to ride by the house and see if the 3 phone was still there. 4 him. And that they confirmed that to When Detective Haley came in -- and for the 5 6 record Detective Haley, despite being singled out to 7 testify for this hearing, knows nothing about these 8 events, or so he claims -- Detective Haley then says 9 the methods that we would use to locate the phone would 10 include GPS real time tracking. And the question of 11 accuracy was brought up. 12 one meter or it can go up to 1,500 meters in the 13 specificity of when real time GPS tracking. And he said it can go down to In response to a question he says, well, 14 I 15 wouldn't confirm the location -- or we wouldn't confirm 16 the location -- of a phone to a specific house without 17 riding by. 18 which refers to putting officers from the Advanced 19 Technical Team, basically, in front of a house, a 20 suspect house, a suspect area -- frankly, I don't know 21 the range of these devices, because they won't tell me. "w 22 So Detective Savage says, I asked for a specific set " 23 a specific piece of information -- and they got back to 5 24 me and confirmed it. •0" 0w " 25 unless we rode by. 0 So, once again, we have this same language 0 0 w "" ~ w •~ ~ c c 0 w w w •" ~ ATT says we wouldn't do that Basically. HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) I L-~~~~~~~~~1~-~8~0~0~-~9~5~0_-~D~E~P~0__,_(3~3~7~6~)'--~~~~~~~~--~ 11/21/2014 1 You know, it's my position that I should be 2 able to continue to cross Detective Haley as to what 3 that means, since both police witnesses are saying, in 4 effect, that's what happens. 5 saying, 6 remembered that's what happened, specifically, in my 7 case. 8 would not confirm that information to him unless we 9 did. 10 0 M-95 Detective Savage is I know that's what happened, because I And Detective Haley is saying, generally, we Now, the problem with that is the rules of 11 discovery, Rule 4263 (d) (7) -- and forgive me if I'm 12 quoting incorrectly -- mandates disclosure of any and 13 all surveillance devices used in the course of an 14 investigation -- any and all electronic surveillance. 15 So what we have is both sides of the police department 16 saying, basically, that ATT would have to ride by to do 17 this, and Detective Savage says they did ride by. 18 called, they asked him, and they confirmed that 19 information. He u CE 2 20 So now we have, unfortunately, while the ~ Q ,_w & 21 State has conceded of the points to try to avoid these 22 discussions, I think we still have an issue where this 23 detective needs to be examined as to the nature of what 24 exactly a ride by is. 25 I believe, based on my knowledge of this technology -- w Q w c- IT 0 IT w IT IT w w s I mean, we're talking about what IT (!) 0 2 IT 0 " HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) 11/21/2014 1 which, again, is hamstrung by the State's lack of 2 disclosure -- is the use of a device which basically 3 clones a cell tower. 4 this case Cordelia Avenue, you turn it on, and it says 5 I'm a cell phone site. So when you go into a block, in 6 Now, what that means is cell phones, of 7 course, are designed to jump from tower to tower. 8 know? 9 phone. You That's how you drive around and use a cell So, if this device is used, and this phone was 10 then located using that device -- which is what all the 11 testimony has led us to believe up to this point -- 12 then I believe that the discovery rules mandate that 13 that device be disclosed to the Defense as it was used 14 in the course of the investigation, wholly independent 15 of whether or not it was used as a basis for a warrant. 16 0 M-96 That's a very narrow slice of the 17 investigation, did they use it for a warrant? But the 18 fact that they used it for a warrant and now they've 19 conceded that, does not mean that all of a sudden -- 20 yeah, it's 4263 (d) (7) -- all of a sudden that that no 21 longer applies. 22 been rendered moot. u ,_0 2 0 IT w "& Because, frankly, the issue hasn't u ">-w " w " " 0 23 Once again, this is going to become an issue 24 that's contested in the trial in chief. 25 again, Detective Savage is going to have to come to the Because, once HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) __________________ _J ------~~~-~=-=--==-=-._c::c=_;_;;_J_ 11/21/2014 0 M-97 1 Court and testify as to what happened, you know, in the 2 course of his investigation. 3 say, I called these people, and they did a ride by. 4 You know? 5 disclosure. He's going to come in and And that's a problem. And that mandates A ride by means nothing. 6 THE COURT: 7 MR. INSLEY: 8 THE COURT: 9 MR. INSLEY: 10 THE COURT: 11 MR. SEIDEL: Anything else? Uh -Nope, thank you. All right. Yes, sir. State, respond. Your Honor, as I said at the 12 bench, the State cannot disclose something that we 13 don't have, that wasn't used. 14 actually part of the unit that would do this if it were 15 to take place, said it wasn't done. 16 THE COURT: 17 MR. SEIDEL: 18 THE COURT: 19 MR. SEIDEL: Detective Haley, who's Yet, Detective Savage Detective Savage -- said it was. Detective Savage has testified u 0 "2 20 that he wasn't present. He's not part of the unit. 21 Regardless of what he thinks, or asked, to be done, the 22 bottom line is the people that do what was done in this 23 case, have said that the device Mr. Insley is asking 24 about was not used. 25 the State cannot turn over - They unequivocally said that. HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) So 11/21/2014 1 THE COURT: M-98 Well, actually, he did not 2 unequivocally state that. He unequivocally stated 3 nothing, because he didn't testify when the Court asked 4 him to testify and was going to hold in contempt for 5 his failure to answer said question. You then had an opportunity to talk to your 6 7 supervisors and Detective Haley, and you then conceded. 8 But the Court's question to you is in a 4263 (d) (7) 9 disclosure without the necessity of a request, the 10 State's attorney shall provide to the Defense searches, 11 seizures, surveillance and pretrial identification, all 12 relevant material or information regarding specific 13 searches and seizures, eavesdropping and electronic 14 surveillance including wiretaps. So it is your statement, since you're the one 15 16 who turns the discovery over, you're saying that all 17 the information has been turned over? Correct, Your Honor. 18 MR. SEIDEL: 19 THE COURT: 20 MR. SEIDEL: ""w 21 THE COURT: ,_w 22 said and what Detective Haley may or may not say at the 23 trial? 0 And you will stand on that? u 0 "::? Yes, I will. 0 rr w w c rr 0 w w w c w w 5 w "'u ~ w 0 w 24 MR. SEIDEL: 25 THE COURT: Despite what Detective Savage That's correct. Very well. Sit. All right. Go I I HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410- 7 6 6- HUNT ( 4 8 6 8) 1-800-950-DEPO (3376) ~~~~~~~~~~=-;;_;;_;;,__;;_;:_;;__;;:.=:_:__c_c::_::_~c__~~·~~~~~~~~.__J II ,II M-99 11/21/2014 1 ahead, fine. MR. INSLEY: 2 Your Honor, the State just said, 3 they don't possess the device. 4 said, I'm not going to talk about it because of my non- 5 disclosure agreement with the FBI, so, how can they 6 have a non-disclosure agreement for a device they don't 7 possess? 8 9 THE COURT: The Detective just We're in a very specific area, Mr. Insley, and I think you're well aware of that fact. 10 We're in a very specific area right now. 11 what you asked this Court to rule on, whether there's a 12 discovery violation by the State, the State now is on 13 record as saying that they have turned over all 14 relevant material or information regarding specific 15 searches and seizures, eavesdropping and electronic 16 surveillance, including wiretaps. 17 As far as We also had the testimony of Detective Savage 18 saying that something was done and Detective Haley 19 saying it was not going -- something was not done. 20 Again, based on that, whatever's done in the future, "& 21 however it's handled by whatever side, that's not for ,_ccw 22 this Court to determine. 0 u 0 w 2 w cc w w "0 "cw 23 At this moment in time, the Court does not 24 find, based on the proffer of the Court -- the Court 25 of the State, the testimony of the witnesses, that c w w ::: 0" 0 :;;; c 0 w HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 4 1 0 - 7 6 6- HUNT ( 4 8 6 8 ) 1-800-950-DEPO 3376 11/21/2014 1 there's a discovery violation. 2 denied for that purpose. 3 MR. INSLEY: M-100 So your motion is Where are we now, sir? Your Honor, could we have a 4 brief moment to discuss this matter in the light of the 5 Court's rulings? 6 THE COURT: 7 MR. SEIDEL: 8 THE COURT: 9 over there. 10 11 You may. May we be excused, Your Honor? Brief moment means brief. Stand I'll give you white noise. (State's counsel and Defense counsel confer in open court.) 12 MR. INSLEY: Your Honor, I don't believe 13 we're going to be able to work this matter out. 14 be requesting that this matter be sent to reception 15 court. 16 (Indiscernible) especially set to select a jury in a 17 two-year-old -- two-and-a-half-year-old -- murder in 18 Baltimore County tomorrow in front of Judge Kanifter 19 (phonetic), State v. Diante Robinson (phonetic). ""2 20 would ask the Court to allow us to send this case back "w< 21 to reception court. 0 I will We were set for trial here a week ago. So I 0 < " " •• "0 w " "•w m Q 22 THE COURT: All right. Let me see if they're Q s "u< 2 ""0 23 still around. Did you come from 46 or 45? 24 MR. SEIDEL: Part 46, Your Honor. 25 MR. INSLEY: 46, Your Honor. HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) -950-DEPO 3376 M-101 11/21/2014 1 2 (The Court confers by telephone with reception court.) THE COURT: 3 4 your client waive his presence so you can run 5 downstairs? MR. INSLEY: 6 7 er Mr. Insley, are you ready to have juvenile. Yes, Your Honor. He is a I can bring his family down there. 8 THE COURT: 9 MR. INSLEY: Advise him on the record. Shemar, this case is going to be 10 postponed today. They're going to send this case down 11 to Reception Court, which is Judge Geller in Part 46 12 where we were before we were sent here. 13 asked me -- because of the logistics of transporting 14 you down there, the Court has asked me to ask you if 15 you would consider waiving your presence there to get 16 the new date. 17 they can make sure everything's on the up. 18 understand? I will take your parents down there so 19 THE DEFENDANT: 20 MR. INSLEY: 21 THE DEFENDANT: 22 MR. INSLEY: 23 just say. 24 deal. 25 The Court has (No audible reply.) Is that all right with you? (Inaudible reply.) If it's not all right with you, I mean, we'll wait for you. THE COURT: Do you It's no big This will be at two o'clock 0 cc HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO (3376) __J M-102 11/21/2014 1 instead of now. 2 MR. INSLEY: 3 THE DEFENDANT: 4 MR. INSLEY: 5 0w I believe his answer is THE COURT: Well, I need to hear it. Sir, 7 what's your -- I mean, sir, you're not required to 8 waive your presence. 9 State and your attorney will go downstairs and get a All that's going to happen is the 10 new date. If you want to be there, you have every 11 right to be there. 12 just called Judge Geller, and he has a few more things 13 to do. 14 you, sir. But it just won't be now, because I It would just be at two o'clock. 15 THE DEFENDANT: 16 THE COURT: 17 MR. INSLEY: 18 THE COURT: 19 THE DEFENDANT: It's up to (Inaudible reply.) I can't hear you, sir. Two o'clock, Your Honor. I can't hear you, sir. 20 THE COURT: w w w w w 21 THE DEFENDANT: ~ 22 THE COURT: = (Inaudible reply.) affirmative for the (indiscernible) . 6 0 u (Indiscernible.) We can. We can what, sir? 0 w IT w IT We can (indiscernible). Sir, I'm not being funny. I 0 w w w w w m 5 23 truly can't hear you. 24 MR. INSLEY: 25 THE COURT: Mr. -- IT m u 2 IT I'm not asking you, Mr. Insley. 0 w HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) ! ~~~~~l~-~8~0~0_-~9~50~-~D=E=P~0---'(~3~37~6~)'--~~~~~~~~~~J 11/21/2014 1 I'm trying to hear from your client. 2 to waive your presence and have your lawyer and your 3 family go downstairs and get the date now, or do you 4 want to be there at two o'clock? 5 6 THE DEFENDANT: 8 Sir, do you want We will be there at two o'clock. 7 THE COURT: o'clock. 9 Okay, take the Defendant at two Okay. MR. INSLEY: Thank you, Your Honor. 10 THE COURT: 11 MR. SEIDEL: Your Honor, may I just make a Thank you. 12 record on behalf of the victim in this case? 13 conversation both over the phone and I have it in 14 writing for Mr. Insley that he was requesting a hearing 15 and trial. 16 And the State notified their -- 17 18 0 M-103 19 I had a Mr. Insley has received what he asked for. THE COURT: You don't understand where you are, do you? MR. SEIDEL: Your Honor, having spoken to 0 2 20 your clerk, I was informed that this was set for trial. "& 21 We notified the victim. " 0 •"w 22 experience for the victim in this case 2 ~ "w w w ~ " " s "0w w w 2 •" 23 THE COURT: 24 the victim. 25 placed the Court in. I'm just trying to make the I appreciate the experience for I also appreciate the position you've I appreciate having to almost 0 HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) L.~~~~.~~~~~~1~-~8~0~0_-~9~5~0-_D~E~P~0'--(~3~3~7~6~}~~~~~~~~· M-104 11/21/2014 1 hold a witness in contempt. 2 you have testimony that's contrative. 3 of that. 4 and go to Judge Geller at two o'clock. MR. SEIDEL: 6 THE COURT: THE OFFICER: 9 THE CLERK: 11 Yes, Your Honor. Thank you very much. This court is in recess. 8 10 I appreciate all I appreciate if you would leave the courtroom 5 7 I appreciate the fact that All rise. All rise. (Whereupon, at 12:42 p.m., proceeding concluded.) 12 13 14 15 16 17 18 19 20 21 22 23 Q w w s 24 25 HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) - 00-950-DEPO 3376 M-105 11/21/2014 -oOo- 1 REPORTER'S CERTIFICATE I, Geoffrey Hunt, an Official Court Reporter of the Circuit Court for Baltimore City, do hereby certify that the proceedings in the matter of State of Maryland vs. Shemar Taylor held on November 21, 2014, were duly recorded by means of digital recording. I further certify that the pages above constitute the official transcript of the proceedings as transcribed by me or under my direction from the digital recording to the within typewritten matter in a complete and accurate manner. In Witness Whereof, signature this /!"'\'" ( ')I .6 day Of ~ ;[ have affixed my ihcv)"(iL·&.zr , 20~-· HUNT REPORTING COMPANY Court Reporting and Litigation Support Serving Maryland, Washington, and Virginia 410-766-HUNT (4868) 1-800-950-DEPO 3376