IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT
IN AND FOR COUNTY, FLORIDA
GENERAL JURISDICTION

CASE NO: 14713874iCAi3l

OFFIR HERNANDEZ LLACH,

as Personal Representative of the Estate
of ISRAEL HERNANDEZ LLACH,

deceased, and on behalf of the survivors
of ISRAEL HERNANDEZ LLACH,

Plaintiff,
v.

CITY OF MIAMI BEACH,
Corporation, and
TASER INTERNATIONAL, INC.,
a Foreign Corporation,
Defendants.

a Munic ipal

VOLUME I I

VIDEOTAPED

DEPOSITION OF: LIEUTENANT DANIEL MORGALO

DATE TAKEN: APRIL 22, 2016

TIME: 02:10 P.M.

PLACE:
MIAMI BEAC FL 33139



 

TAKEN BEFORE 2

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page 150 page 152
1 they basically provided resources to agencies that were 1 BY MR FALZONE
2 involved in these situations, 2 RightWhen did you become a Master Instructor? 3 A But the tntontiatton did come horn Taser
4 A That would have been in October 2012 4 It wasn't liltc you went out on your own and
5 So at least in those materials. Taser, part 5 ionnd sonic tab by yonrseli independent ot'raser. You
6 oi that, was an instruction or a reconunendation to you contacted by cmail, or have someone contact them by cmail,
7 that you advise Taser in the event that there's an 7 and they wasted these two 18th righl'!
arrest-related death involving the use ola Taser, right? 5 A Comm
9 MS. Form. 9 you would agree with rrie as ynll'm sitting
10 THE WITNES, Yes. I believe so, yes 10 '5 mo, yon'n: gj -ing a deposition in this
11 BY MR. FALZONE, 11 case involving the death at Mr. Hernandez. the only
12 okay. You understood that Taser is a 12 inrornia too you ever have read, understood, listened to,
13 private company that is in busintss and makes money. 13 or utilized reladte to Taser has come irottr Insert
14 right? 14 MS PETERSEN to term
15 A Yes, sir. 15 MR ROSENWALD Fonti
16 Do you understand that they have an interest 15 THE WITNBS [will agree to that stateitient because
17 in or otherwise -- weu, in any kind 17 hate read about Tasers in other places haven't done
15 at claims that their device lniglfl be dangerous? IE independent research. and the itiatetials that used to
19 MS. Form. 19 teach coitie directly horn Taser Bul can't say that 
20 THE WITNES, Yes. sir 2o haven't read. or researched or looked at anything related
21 BY MR. FALZONE, 21 to Taset in any other place
22 You understood that back then, right? I 22 BY MR FALZONE
23 mean. it's kind oi common sense? 23 Well, in terms at its satety or its ab
24 A Yes, sir. 24 to cause harm to some person to their hcart or whatever,
25 So when you were involved and you became 25 anything to do with saiety, inrorttratioii ynn're relying
page 151 page 153
1 involved as an instructor and you started to have 1 on when you reach the conclusions or opinions you hold
2 responsibility for training omcers and really up until 2 about Taser have come from Inset?
3 today, can you identiiy tor the the sources oiall 3 A yes
4 iniormation you personally have. have reviewed and have 4 Do you have any concerns about that?
5 ulilintl about the satety of the Taser. Where has it come 5 A honestly dun'l Their products have been
6 trom. all oiit? 6 used in excess 7 last time 1 checked. it was a while ago.
7 A Taser lntemational. 7 but in excess of4 million times throughout the world.
a MS, PETERSEN Form a whether they were in classroom deployments or. you know.
9 BY MR, FALZONE: 9 real life street deployments
10 Have you ever conducted any independent 10 he personally been exposed to the device three
11 investigation on your ttwn, gone and rtsearched thing in 11 times. last time in Master School. both to the xzo and to
12 medical journals on your own. independent or anything 12 the x2 At the ttnie was exposed the titst tinte. had
13 Taser ever told yttu? 13 which ts an electrical
14 A Olha than the independent testing that was 14 problem with my heart that was born with. lt had
15 done with regard to this case. no. 15 absolutely no ettect on me and 1 had no concern that was
16 Well, even that though, Taser specifically 16 going to have an et't'ect hour it
17 told you to bring the device to this fellow in Seattle? 17 believe the product is sate know Taser has done
18 MS, PETERSEN obyection to form. 15 extensive research And because they are a 
19 THE WITNBS Taser actually told me that there were 19 cumpany. dun'l believe they would put out a product
20 two tabs that they had confidence in their protocols in 20 that's going to cause them liability or hon people Just
21 ptopoly testing the device One ot them was CRT 21 tor the lack ot profitability in that business practice,
22 Associates. which was Mr Wyant. and the other one was in 22 Well .. but even the statistits that you
23 Canada. 30 by virtue ot distance. the Seattle one became 23 quoted, the number ol'tirnss people have been Tased, those
24 the best course uf action. 24 come irom laser?
2 5 2 5 A Correct

 

 

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page 154 page 156
1 MS, Objection to torn. 1 example, a House or Common that was done in
2 BY MR 2 Vancouver in ms.
2 And every single time you have been Tased, 2 Have you ever heard or that betore?
4 all three or those, they have been in controlled 4 A No.
5 environment Anti I'm correct me il'l'm wrong, 5 Has anyone ever told you that the Canadian
5 but you've never taken a Taser to the chest, right? a Government or Vancouver eonducted a ton study and
7 MS, Form 7 analysis or the Taser and all the materials that Taser has
5 THE wnNEss- hove not. no. and they've been In a put out, including that gigantic blue binder oi stufl' that
oomrolled environment 9 you probably have sitting in your otlice some plaee .-
1u BY MR 10 Ms. PETERSEN: Form
11 And when they Tnse you in a controlled 11 BY MR. FALZONE
12 mvimnment, Ihey're holding you up or you're lying down 12 and determined that in tact the satety or
12 on a mat, one or the other lighl'.' 12 this device has not been estahl' hed through any
1 4 MS, Form 1 4 medical -- any independent medreal evalnslion?
15 THE wnNEss- Thal'i correct, 15 Ms. PETERSEN: Form
16 BY MR 16 THE WITNESS huven'l heard Lhal. no,
17 And Ihen's people present dial are helping 17 BY MR. FALZONE
114 you in the event dial you lose your balance or yon start 12 Have yon gone out and tried to investigate
19 to tall or whatever, lighl'.' 19 or looked into any other deaths that have been attributed
2a A That's oorrect 2a to Taser by people?
21 Again, have they taped the probes to yon 21 A other than reading medm accounts oi those
22 when yon received the Taser charge or have they been shot 22 mcidents. no.
22 into you? 22 And reading, I take it, Steve Tnttie's
24 MS, Form 24 ernaiis that are always subject line: Arrest-related
25 THE wnNEss- The firs! time was rope The second 25 Death: Whatever city, state, oi the United States.
page 155 page 157
1 one wos probes deployment, 1 You read those?
2 BY MR I-ALZONE: 2 Ms. PETERSEN: Objection to torm.
2 Inlo the luck? 2 THE WITNESS huven'l read all of them. but have
4 A ye, above and below the wmsl. 4 read wine. yes. absolutely
5 And every time single you test one ul' these 5 BY MR. FALZONE
Tasers or you utilite the Taser on an oilicer during a Does it seem to you that yon wouid get those
7 training, every single time yon do that il's to the hacle 7 every single time one oi those was in the pros 
a right? a incident was in the press, at some point around there you
A Every nme l'v: done it, yes. have seen 9 would get an email trorn Steve Tuttle about it?
10 where probes were deployed to the {mm on Mimcl' 10 Ms. PETERSEN: Form
11 sehool. 11 THE WITNESS believe stnee he's the media guy ror
12 And iflhey're deployed to the trout, 12 them. yorh. would be him to something Lhal was
12 they're deployed in a controlled manner to the mid-section 12 the media somewhere in the world or the eountry.
1 4 at the body, right? 1 4 BY MR. FALZONE
1s A Correct. It's not userofrfome 15 Have you been sent anywhere or gone to any
16 mulrworld 1s kind or, you know, a convention or a meeting or anything
17 All right. So in terms ul', you know, your 17 like that "131': been provided by Taser in terms oi
1s opinion that - a sate deviee, you're relying on the 12 tlights or hotels oi anything like that ever?
19 things that Taser has told you and given you relative to 19 MR ROSENWALD Form.
20 this device in addition to your own personal experience 20 Ms. PETERSEN: Join
21 with iI, but those were in a controlled environment, 21 THE WITNESS Agom. like odd earlier. the first
22 right? 22 time my Major and gm sent out there ror thot drgnol
22 A That's correct, 22 evidence dun'l know it Toser prod for it or
24 Have you gone out, has anyone ever provided 24 it our Department prod for it.
25 you with any, you know, other source iniormation, tor 25 havcn'l nown anywhere on Tater's done or stayed in

 

 

 

12 (Pages 154 to 157)

 

 

 

 

 

 

page 155 page 160
1 a bored as ior as know 1 li would have been like 
ibe morning we .uleep.
1 Lcl's ialk aboui your specific involvemeui 2 would imagine you would have been. bul
4 wiib ibe lsrnel case. 4 dial-s wby wanled io ask you because il wasn'l clear lo
5 My undersinnding. and wbni you recounied ibis 5 me.
a morning, was dini you were on your way in ibe morning on 6 So williin. say. eiglii ol you rmdiug dial
7 ibe day iliis even bnppened passed by wliere ibis was 7 diis incideni liad occurred you emailed Sieve 'l'uide?
a going m1. 8 MR ROSENWALD. Fonn,
9 Were you nsked in go ibere io look ni die evidence? 9 BY MR 
1a A was usked by ibe lnvesngnuous 10 Am 1 eorreei? Am ineorreei or eorreel
11 Unir coploin. was Copinin Clemens. lo respond ro die 11 aboul Ihal?
12 scene and see ii 1 con help our ibe Crime Scene reels and 12 A believe yuu're correci. bui noiy even
12 die derecuves wiib ibe processing oi ibe scene 13 buve iried io cull bim line
14 AI ibni poini, do you base an esiimnie or 14 All rigbl. Tliere's noibiug in lbis email.
15 wliai olday ibni would base been? 15 There's visible lbai can see. There's your
15 A Probably rigln nround 71)" o'clock in me 16 name. ibe daie. io Sleve Tuille regarding arresi-relaied
17 niorriirig. 17 dealb. Eoresi Park. Illinois, which we can see iI we
12 Was dial usunlly wben you will be bending io 19 scroll down is e- il looks like yml're replying io au
1 9 work for die day? 1 9 email be seni aboui lbal Eoresl Park, ldinois ineideni.
2a A Yes diirikl was running lore day 20 bui Ihere's uo subjeel mailer iu ibere.
21 because was ibe dny nirer ibe promouonol exam 21 So do you believe ibai you were sending him lbis so
22 ani promoiionnl .. ilie promoiionnl eirnm io 22 diai be eoidd gel your infomalion'.'
22 become 23 MS PETERSEN. io iorin.
24 A Rigni 24 THE WITNESS. No. bonesily dun'l know why seni
25 All rigbi. Your email address liere is 25 ibe enoiil oiber know iboi urier bung up wiib my
page 159 page 161
1 -- is ibni correci? 1 Major while I'm driving io ilie seene one people ibai reaclied io call was Sieve Tuiile simply
1 1'th was your email address back on Augusi ii 3 beeause ibai was ibe ibai Taser recommended. As
4 or 2013': 4 soon as you love one ol diese diings. Sieve Tuiile
5 A Yes. was 5 so iloii Sieve Tuiile ean assisi your mike 
a Do you recall bnving an email .. sending an 6 give inlorinaiion, provide inrorinuiion io your Plus. ibings
7 email io Siev uiile ni 4:08 in ibe morning on Augusi ii 7 like ibai, io deul wiili ibese iypes oi ineidenis So 
a or 2013 wliicb is ibe dnie or diis incideni': lollowed wbai ibe wus ibai was oiuglii.
9 A No is would have been 4.08 in ibe morning 9 BY MR. FALZONE
1n sieve unie maybe. bur was 7.0x in ibe morning 10 And so -- wnii.
1 1 our ume because Ihal's when iirsi ionud our nbonr ii. 1 1 Was ibni someiliing ibni in ibai you've
12 ii was 7110 in ibe inouiing 12 read ibni says coll Sieve Tuiile inhere's an
12 All rigbi. All rigbi. 13 arresl>>relaled deniliscreeu pui a compuier 14 MS. PETERSEN, Form,
15 screen bebind you and diere are going in be some oucsiions 15 THE wn'NEss. Llun't know ir ii wus speciricully
15 I'm going io ask sou nboui wlini-s going on ibere. l_ei me 16 eall Sieve Tuiile, bui know diere wa remember ai
17 sliow you ibis so you can figure wliai diis is. 17 ibai poini ibai ibere was a process in plaee widi ibe
12 All riglii. So rigbi ni ibe iop bere, you see my 13 doii agen es could reucli io ibe
1s cursor on ibe 19 ir ilie produei was used in conneciion wiib an
2o A 2o deuib, iloii iliey could provide guidunee and
21 So ibis is no email from you seni Tuesday. 21 besi und iniormaiion ior l>los io releuse
22 Augusi ii, 2013, ai 4:03 A.M. io Sieve ruiile 22 iniormaiion io ibe mediu. ibings like ibai. Suppori io
22 Now. you mink ibni menns ibni ii bis iime 23 ibe wiib regurd io one or ibese incidenis
2 4 somebow dial mun'ling this? 2 4 BY MR. FALZONE
25 A That's bis yes 25 Did you have Sieve Tuiile's phone number in

 

 

 

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page 162 page 164
1 your phone or something? 1 BY MR. FALZDNE
2 A No, didn't 2 How long were you at the scene?
2 So were you in the car when you got the call 2 A About an hour.
4 to go to this place at 7:00 0'1:le in the morning? 4 Okay. All right.
5 A Yes. 5 So it we continue this email and we scroll up a ways,
5 in your ceu phone? 6 these are all docutnents, you can see the Bates numhets.
7 A Uhehuh. 7 these were produced in this case to me hy the State
a Yes? a Attorney's omce. you see an email {rom Steve Tuttle to
9 A Yes. 9 you at 10:21 AM. which wottld have been Steve Tuttle's
10 You just have to use the words. I'm sorry. 10 time, right?
11 A Yes. I'm sorry, 11 A That prnhahly would have heen our time.
12 So how did you have a phone numher with you 12 Weu. this is a series n{ emails produced by
12 to call Steve Tuttle? 13 Taser, so it looks like the titnes match up with it
14 A thinkl retenett to one oi his prior 14 being - the same --
15 emails to get his nurnher 15 A 50 lhitl would have been in the aiternoon our
16 Okay. 16 time then.
17 A And while I'm in the our, may have 17 Either that or it would have heen received
18 hit reply or send or something the morning. We don't know.
19 All right. 19 A Right.
20 A Because lcalled him. hut get to 20 So itt any event. here's an email where he
21 speak to him leit a message heliese. 21 says: "Sergeant Morgalo. thanks {or the call. I would
22 In terms or this particular email, was there 22 keep this confidential as I realized the deceased is
22 anything ever written in this white space than helore 23 unidentified and this is not public.
24 your signature line? 24 Qkay. So does that indicate to you that you had
25 A No. 25 spoken with him already hy the time that he sent this
page 1 5
1 Thal's not 1 email?
2 blank email? 2 A Yes.
3 A No. I may have leply and Sam ll whllel 3 So tell me abaul [halal conversation. Whal
4 was ttying to dtive and talk on the phone and get to the 4 took place during that call?
5 scene. but lt'lun'l ever speeiricallv sending 5 By the way, at that point in time did you know it
to give ltim my contact tutorrnatton because he had a lsrael Hernandez was alive or dead?
7 alteady ptevtously ernails heiore 7 A knew he was deceased. When got the
a any. no you have any recollection on tirst call tom the captain, he told me the pencil was
9 specific email he ever sent you betore other than the one 9 dee aied and at the hospital didn't know his name,
1n maybe you told me about betore in mm when you questioned 10 didn't know any intormation. All knew was lhitl we had a
11 about the Inining it light or the objection ot the Union 11 Tiner death and that was what conveyed to
12 people? 12 him heeause had very preliminary inrormation.
11 A lknow he pettodtcally sent these 13 So how long did the convetsation last?
14 attesrtelated death announcement teally doll'l 14 A honestly dun'l remember, lt wouldn't have
15 remember anyth else 15 been a long conveoution
16 So when did you speak to him? 1tyou tried 16 The cell phone that you used hack at the
17 to call him at around 7:01 in the morning. when did you 17 time, was that a department issue cell phone?
13 actually reach him and talk to hint that do, 13 A No, it's my personal cell phone,
12 MS PETERSEN- Foml 19 Was it the same cell phone company that you
20 Tl IE WITNBS honestly don't cxaclly when 20 currently have now?
21 spoke to know spoke to don't ternetnbet 21 A Yes,
22 it it was at the scene 0! it it was back in the omce 22 What company 
23 latet on the day. but know spoke to at some 23 A 
24 point 24 What's the ceu phone uutnher that you would
25 25 have been usittg hack then in August or 2013?

 

 

 

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Page 166 Page 168
A 1 ynn'n har--ing winh sneve did you nhink man in was
2 All ngnn. so is In your rerollernon possible than a Teser- rould someone inn was
3 hy wry no gen a hull onhrs ml! 3 deployed inno lherr rhesn
4 you rolled, lerl message or nhon nor mm. 4 A No.
5 nhen he rolled you luck? 5 And why yon lh-n w-s nol possihlc'!
6 A To nhe besn oimy reeolleenion now. I 6 A Again. [mung gone nhrough all their
7 nlrars wlnan happened because was 4-00 or nlre 7 nramnng. I knew lhal nhe was non zeno Enu an me
8 wherever he was. a same nrrue. behene nhe devices were sale And nhis.
9 okay. So now did he give ynu any 9 lrhe sand when. was nhe onre our ongamzanon
10 or dlreennon when you were on nhe phone win. 10 had ever dealn a deanh where a Taser was
1 1 him nhar timr'.' 1 1 deployed
1: A I honesnly don'n remember specifically whan 2 All so you're oun mm a
13 we nallned aborrn me readrng emarl. ls 1 3 pasilinn in your own mind where yon think one Taser
14 probably when he nold me. no mike sure we 14 rouldn'l hnye hurl. 
15 collecl eernarn emdenee. [don't remember specifies 15 MS PETERSEN no form
16 whan we mlked on nlne phone 16 THE WITNESS No. The way 1 go obonu having
1 7 In on as nelaned no case In was basically -- 17 been an ns Ien's colleen all nine endence
1h nlnen reconuuended besn pracnee ls no make snue all nhe 1s and find oun whan kill person as opposed no wlnon
1 9 evndence collocned Bun ngam nlus ns nhe firsl nnue or didn'l So my brggesn eonoem an nhar pornr rs len
20 nlnan our agency had lee happened rny i'nrsn 20 me make snrre gen every piece of en-rdence lhan inn
2 1 expenerree anynlung lune nhan My brggesn eonoem :l responsible fox and can canhal so nhan one can malne a
2: was Lllakmg snue we gen all nhe evndence nhan we need no 22 as no whan happened here.
:3 gen so rhan ararlable for us no analyze and deal :3 BY MR 
:4 laner on. 24 0 mo you hove ln\' nhoughn lumng been nwnre.
25 Did you him any onhr eireurnrraners or :5 einher- rhrough annlr's eenuiIx always mled
Page 167 Page 169
1 how in was lint ML Hernander Trsed um evening when 1 drum, or nhn-ougn are mean. on- any omen-
2 ynu spoke no Ilhn'.' 2 sour-re. old you have any- knowledge in your or-nln then you
3 A lhonesnly didn't hoorr all nhe 3 nhoughx my one human benng had ever been lulled by a
4 onenmsnanees All I rs nhan nhene had been some 4 1':er
nype offoal rhere as Trser deployed. somebody 5 Ms PETERSEN 
6 had dred Tlul one all llenerr an rhan pornn 6 WITNESS. An nhan paint?
7 0 All right. So I warn no go through wirh yon 7 BY MR. 
a when-r in "his emIiL a orhen a a Yes. sir.
uf IIL he 77 Mr Tuule tells you. he runs 9 A To my hnowledge. rhene had non been my
10 up h, saying a ten omelr see Ibis line he"? 1 rncidenn where a Tasen was deployed and somebody died nhan
11 A Yeah 1 1 had been 100 pemem no nhe use ornhe device
1: Then he says 2 nhere are some boner poinns 1: okay. So when was in you nndersrood.
13 underneenh ln. 1 3 read this about nhe AED readings, 
14 The deer one i readingr are really 14 you were supposed no do winh rnan knowledge?
1 hnpor-nenn. shoelnr-eerur no shoele" 15 A convey no Homicnde
Whar dare rhan mean In 1 5 rnvesnrganors. pm ur eonnaen vulh om pic and om
17 A Thor means my nype oisnored dam fimn any 17 Honrionde unn so he can be resource no nhenn as fax as
a aunomaned ernemal nhan nos < 

 

 

 

 

 

 

page 170 page 172
1 the P10 ior our department and members oi our Homicide 1 What is exited delirian
2 unit or our internal Atiars unit 2 A can't give you the medical explanmlon uf
3 What is a 3 it. can tell you that it's related to dopaimne
4 A Public lnfummllun (Meet 4 receptors in the brain that. through prolonged use of
5 Loolr Who's 5 narcotics. mate's a there comes a culmination within
a leiT Ho? 5 this individuals prolonged expusuie ro narcotics that
7 A have no idea 7 leads In a medical event Lhai has been [aimed 
a Who is laime Johnson? a delirium where their core body temperature goes
9 A have no idea 9 extremely high. and then they have organ failure
1n All right. The next thing it says is- 10 throughout their body and they subsequently die as a
11 "Document behavior belore and the timing oi the 11 result
12 deployment." 12 in most cases. i usually in relative close
12 What do you understand that to mean? 13 to ingestion uf some type oi narcotic oi drugs
14 A That indicates to me that the investigator 14 And there's usually a history ot'ihai type of behavior in
15 0f the ufficcis anOlVCd should lhoroughly documcnl die 15 [he individual
16 behavior oi the person who was Tased immediately before 16 Did you understand that to be something
17 and the timing oi the deployment 17 [hall's argued by Taser as an alternate cause oi death when
114 Sn' that something that you were intending 1a someone is Tased and happens to tile?
14 to piss along so it will get ultimately to the oirieers 19 MS PETERSEN. ubiecnon Eorm
2n involved in this incident? 20 MR Form
21 MS, ubyeetion ro torm 21 THE Honestly never had Taser argue to me
22 THE wnNEss- To me that's something we'd do anyway, 22 a cause uf death, To me. it's always been the Coloncr or
23 BY MR FALZONE. 23 the Medical Examiner who determines cause uf death They
24 What would be the purpose. what was your 24 never really told me. you knuw. oh. in all these cases
25 understanding oi the reason why you should document 25 as excited delinnm or anything like that
page 171 page 173
1 beha belore the deployment ol the Taser? 1 BY MR 
2 A honestly didn't read into it didn't 2 Well. yon don'l Ihink that Steve 
2 think about why he asking us to do this. but that to 3 email that are always subject arrestoelated death have
4 me was one or them that looked at and aid okay. we 4 ever mentioned excited delirium as being the cause oi some
5 document everything a i is 5 person who died immediately aiter being Tased'z
5 "Hair and nail samples". wilh an a MS PETERSEN. ubiecnon to ion.
7 mnrk. 7 THE Bull don't know I Taser deiennlned
a What did you understand the purpose ol that was or a that or that was Taser relating lnfolmallun that was
9 what that meant? detenmned by some Medical Examiner or a Coloncr in some
10 A Again. not something read into. Eat as a 1n innsdicnon Really those emails to me are Just them
11 iormer Homicide investigator. that would be indie tive to 11 relating media accounts oi disposition on cases throughout
12 me to be able to have a sample to test ior presence or 12 the country or the world,
12 narcotics or any other substances that may have been in 13 BY MR 
14 that person's system over the preceding months. 14 eray. Well, we'll talk more about that in a
15 Do you have any thought about why the Taser 15 second.
16 people would want someone to document hair and nail 16 "University oi Miami brain tissue is invaluable. See
17 samples? 17 highlighted section below and attached."
1a A Again. didn'l read into it 15 What do you understand that to mean?
19 What about body temperature? What did you 19 A know tor a iact that the Universi 'of
2c understand that to mean? 20 Miann does testing on brain tissue to see lflhey
21 it says. "liody temperature are crucial 21 deterrmne that there's the presence oi markers related to
22 A To me. that indicates. having been a 22 excited delirium 
22 Homicide investigator. that core body temperature at the 23 Anyone in particular over there that yml'fl
24 time or death can shed light on whether or not this death 24 lamiliar that does that?
25 could be related to eroted delirium 25 A Not personally nu. but i ltnow Lhal's what

 

 

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Page 174 Page 176
1 rhey do They've been doing it since i was a Homicide 1 claimed Iu have died as result of being sbot with a
2 detective 2 Taser?
3 All righl. Well, lei-s scroll down Tor a 2 MS. PETERSEN: Objeciion lo tom.
4 urinuie beeouse he reieis io bligbied laier 4 THE WITNESS No. it wouldn'l surprise me:
5 no rod iI buppeos in be reiereoced again under paragraph 5 BY MR. FALZONE
a live of his e.iuail film's ly and Urgeui. Du you drink ibot iI would be iboi she
7 This says. The aiiendiug Medicil Examiners should 7 would be a neuirol person ihot should be bruugbi into is
a urgeuily know ihai the Uhiversiiy 0' Miami Bnin Eudowmeu 8 case like Ihis where you're trying Io ueutrelly
9 bank is available wiib mlling edge research ceuier ibai 9 iovestiguie ibe cause ul deoih of someone il she's
in can deieruiine drug abuse and look ior exeiied deliriuio 10 actually been paid in the posi large sums of money by the
11 markers." 11 company thai might possibly be responsible tor one unbe
12 Then lhere's a phone number. II says [Jim's lb! 12 polenlinl can!" of dealh?
13 phone uuruber omr. Deborah Mash is ihe Iurl researcher on 12 MS. PETERSEN: Objedlon: Form.
14 this This is one aci ibai inauy MEs miss )4 MR ROSENWALD Form.
15 our on because of delnys. 5 BY MR. FALZONE
15 And ii-s underlined, "Il's iuipemive or give ihis )6 Du you see a conlliei there?
17 Io ihe lle as ihe brain issue iousi be colleeied 17 MR ROSENWALD Form.
15 And Ihen's a whole . all ihe ioloriuatiou 12 MS. PETERSEN: Furm
19 [or nr. neboroh Mash. 19 THE WITNESS wuuld ocknowledge rboi yes. ibere
2a Did you read ihai our day? 20 oppears To be a cunllicr. bur I'm nor sure iirbere's any
21 A lpmhably did read ir. id or give it 21 orber orgon that are doing this specific rype oi
22 nlucll cousiderorion becouse lkuew mar our ME's office was 22 nesting which is very unique
22 in close coniaet wlill rhe oi Miorni And] had 22 BY MR. FALZONE
24 been preseur at numerous aurop, where lire brain was 24 neieminiug drug abuse and looking for
25 preserved iniact and rbe Universiry oi Miarni came and 25 :deEd delirium marker-s is unique?
Page 175 Page 177
1 picked them up So mis ro rue wriin'r souremirig mm was a A To my knowledge 7 and again. 11 could be a
2 red flag. like oh. God. need ro nouiy ihe ME's 2 limited knowledge Bul as far or i know. rhe University
3 Thi, Jusl pan oi Lhcu' nornial praeuce in 2 oi was me place one wos spearheading resnng or
4 mes: rypes oi clients: 4 brain nerues for looking tor exciied marken
5 But you would have iorwarded ibis to the 5 because 11 was LII: ME's office In MlamleDnd: Cuunly mm
a other Tours that were involved in ihe or 5 ii i siaried using excired deluiuni :n a crime uf deaLh
7 ihis deoib, right? 7 here in rhe '80: 1 menu. we were rhe epicenrer oiir
a MS PETERSEN- Form a Well. do you know il Dr. Deborah Mosh wirs
9 THE Yes 9 the one who rusi coined rhiu ieror'z
by MR: A lhoneuly dun'l know
11 And you actually weni lo the nutopsy? 11 llsbe was ibe person who rust coined lost
12 A Yes. did 12 term and she was i. paid Tor Taser, would ibut
12 You actually bod conversation with ihe 13 cause you any concern about her neutroliiy':
14 Medical Examiner? 14 MS PETERSEN. Farm,
)5 A Yes. I 15 MR Form
16 Did you bring up Dr. Deborah Mash or the 16 THE would have re acknowledge rhere does
17 University ul' Miami brain Cenier': 17 appear [0 be a contlicryou know Dr. Deborah Must 19 Does ibis enuril or my ever
2o A i do um 20 provided in you belore iold you two orinutrs ago,
21 Do you know auyibiog oboui her wor 21 than she's been a paid consultiroi io Taser in lawsuits,
22 A No. don'l honeuly 22 did anyone else ever tell you (lull?
22 Would it surprise you to know that 23 A No
24 Dr. Deborah Mosh is lady who has been paid as on eirperr 24 MS PETERSEN. ubieerion ro iorrn uf me ion
25 wiiuess [or Taser in other lawsuits where people have 25 

 

 

17 (Pages 174 to 177)

 

 

 

 

 

 

page 175 page 130
1 BY MR. 1 out anything at all
2 All right. So this email then goes on to 2 More anything. looked at it rroin the
1 detail the evidence it reieroricrs to evidence 3 perspective oi |hey're providing some best practices and
4 collection checklist which you tallred about. night? 4 some guidance based on the hundreds or times that
5 A Yes. so 5 throughout the world that this occurrence hitd happened in
a And was that one or the things that was 6 other places, and |hey're basically saying these are
7 inarlred today as an exhibit? Have you seen it here today? 7 the best practices that we ve determined based on having
a A lhavul'l seen ir here roday. no a dealt with all those dirierent incident,
9 There were lining attached to this email 4 BY MR. FALZONE.
1n that are reierred to. no you lrnow where those attachments 10 Well, what did it say in the press release?
1 1 are? 1 1 It's not here in this document.
12 Like it says, the attached Taser event analysis 12 A honestly don'l remember the press release
13 evidence mllmion checklist do you lrnow where that is? 13 Would it have been saved by you as an e-mail
14 A don'r know why us nor showing Linach 14 to this agent 7
1s ro this panicular email chain it he senr ir ro nie. rhen 15 A lt still should be in our email archive, 
16 more than likely lorwarded rhar direcrly ro our Homicide 16 mean. they're stored forever,
17 or our lA people. bur rhar checklisr is probably the same 17 You're required to save all onhat in
15 checklisr rhar had sem him prior ro 5reve Tunle ever 19 Florida?
19 sending rhem ro me back in probably April or May ot 2014 19 A don'l personally save it, but it should be
2m lusr providing the same type ot lmommlloll as a poinr of 20 there
21 reterence tor our Homicide invesrigarors and our lnremal 21 Was the press release use in this case?
22 A|fillrs invesrigarors 22 A No. The Department actually didn't release
23 uhhuh. (May. 23 anything to the press and don't thinlr there was any
24 Then look at paragraph three. 24 inquiries on this until the aiternoon on the iollowing
25 attached sample press release by law enlorcernent agencies 25 day
page 179 page 131
1 on deaths involving 'l'ascr devices. I 1 Then the next paragraph, number (our, otters
2 always suggest that agencies provide the media inioroiation 2 you to have contact from a Dr. Jenn-1o who's on ER
1 that doesn't compromise any ongoing investigation so that 2 physician and an eirpert on Taser saiety.
4 the media docsn'l operate in a vitamin." 4 no you see that?
5 You see that paragraph? 5 A 
A Yes. so 6 Did you contact Doctor lelr Ho?
7 Did he attach to this email a sample press 7 A don'l remember ever contacting him. no.
a release? a Do you know why it is or what it woidd be
9 A ll's ouire possible. yeah If he said he 9 that noctor Jen' Ho can help with on this case?
1n did. more rhan likely he did Quire possibly don'l 1a A have no idea.
11 remember independeurly. bur ouire possibly torwarded 11 Then down in paragraph rive. he's giving you
12 ihar intorniarion ro our no as well 12 asks to all or the CEW saiety research and resourcesunusual that some independent 13 or which are iound on Taser's websites. Righl?
14 company that sold you all a device tells you or sends you 14 A These are rhe cntical event
15 a press release that you should be giving out when that 15 assisrance resources thar rhey have on the website
device is potentiall involved in a death? 16 Well, there's also something called Medical
17 MS PETERSE) ubiecriou ro form 17 Saiety Research. Righl?
15 MR ROSENWALD- Forth 18 A 
19 THE dldl'l'l rind ir unusual simply because 19 Meaning an article that explains irom
2n the narure ot the Taser devices rhemselves By rhis 20 Taser's perspective how the device is saie and cannot
21 point rhere was already conrrorersy and there was media 21 cause someone to die. right?
22 conrroversy relared ro wherher or nor rhese devices were 22 A don'l remember clicking on rhe sol
23 sate. look ar ir trom the perspecrive of. you 23 don't know where it goes re
24 know. they ro shape the message rhar rhe 24 Well, we've gone through this email. And
25 organization is going ro pur our. it wc're going ro pur 25 would you agree with me that what appears in this email

 

 

 

18 (Pages 178 to 181)

 

 

 

 

 

 

 

 

 

page 132 page 1514
1 me. having gone Ihmugh is iliai sine ruiile was anding 1 By 1he nil-icers?
2 yen anuneii oi inrnrin designed in issiri in the 2 A By whoever was assigned as me Iepumllg
3 Inn lawns [duping In by mud: Tag: 3 officer In |hlA Incident
4 did-1'- nnyming an wiih Israel Hmandsx dying 2 4 And then 1he media s1a1ernen1 which was
nmpl: or minis India? 5 released yesterday.
a Ms pamasex in ioiin 5 Whai is 1ha1?
7 MR ROSENWALD Form 7 A honesily have no idea. Apparently ihe P10
1 BY MR muons 11 released some type of medm siaieniem ihe day before
9 iinein, does iliai nui Iik: in you: And the day More wnu1d have been the 71h,
11 A Tn ine ndoerni Tn ine pnisidins 1n righl?
11 ihe oieinniuon guidance on pauienhr pieces oieyidenee 11 A Coneci. 1he Wednesday
12 ha. we need in nuke suie we eoueci spee. iype at 12 And we know nn1he 51h Mr. Tu11le seri1yiiu
11 doenineniiuon inii we need in inake suie we 11s 1; a11 a prnposed press release. and 1hen on the 71h you all
11 proyiding guidance in. perrpeenye otine 14 made pea "lease, mp1."
15 inanutacinrerinirs been mmughmn proeesr inner 15 MR, 1105an ALD Form
15 inai goes us as a depanineni aesi pneuees 16 M3 yam,
17 111 make wr-- we called mryl'mlg. 11: hate an 111m: 17 The wn-mm- Again direcily Invulvcd wiih
1a we need so uni ine Memeai Emmineiein inake 15 die ereauen o1 ihe press release. so 1 don't know,
19 Lhelr 19 BY MR, FALZONI:
21 THE VIDEOGRAPHER 1 11 weie oitine .eeord 211 5.. yuu diin'1 know 11 i1 was 1he saine winding
21 A BRIEF ascess WAS HAD AFIER w1-11c1-1 TH 21 or contained 1he sarne wording tha1 Mr. Tutile suggested?
22 FOLLOWING PROCEEDING WERE HAD 1 22 A No.
21 THE VIDEOGRAPHER 1 17 weie mm on in. record 23 You don'l know one way or another?
21 BY MR muons 24 A ldun'l know one way or anniher,
25 All 1n me show you ininhei no. 25 All right. She says, "We are in pending
page 132 page 135
1 1ha1 was produced in 1his case. The page nuinher is down 1 1he results or Iliximlugy, wou1d luye Iu speak In
2 here a1 1he bollnm. You see1he 00001.9. 2 you regarding 11iis inciden1."
1 So now 1his is liuin Vivian Hernandea 1o Sieve Tu11le 2 Do yuu knuw why she wanted 1o speak to him?
4 on Augnsl s, so we are now 1wii days alter Mr. Hermmdu' 4 A lhave no idea,
5 deaih. 5 Did you direct her In him In speak ahnu1 any
5 Who's Viyian Hernandea'z speciric suhjeci?
7 A At ihe iinie. she was one uf our Public 7 A Nu. More 1han anyihing. ii was she was
a orrieers fur the Deparinieni. a 1he P10 fur ihe Deparinieni and was her 
This one says. 9 eoniaei sieve heeause S|cve was he no ror Taser and had
1n "Good al1ernoon. Seigeam Morga1o direcied me to you 10 basically all 1he Taser related inrorrnaiion ihai could
11 regarding the receni deaih thai we had short1ya11er1he 11 help her in a siaienieni.
12 use on Taser." 12 So is Viyian Hernandea someone who aciua11y
11 no you man haying direcied her 1o Mr. Tuiile? 12 speaks direcily 1o 1he media on hehau 1he depar1nien1?
14 A 1reeall having several eenversaiions wiih 14 A At ihe iinie. yes,
15 her and die Plus And it was 1 don't renieniher 15 So it 1here was a requesi [or TV interview
16 speeineally it we ialked ihai day or iiwe talked ihe day 16 or newspaper interview. she will he the one 1hey wil11alk
17 heiore. huil iold heir you know. Sieve Tuiile iron. Taser 17 In?
11 could he a glen! resource tor yuu in shaplng any type o1 1a A Corner.
19 public siaienieni that the Deparinieni wants in make simply 19 Du you know 11 she had 11iis euniaci with
2n heeaure uf all die ieehniea1 aspens related with the 20 Mr. Tattle?
21 Taser 21 A ldon'l 
22 So she aiiached to him an incideni upon 22 All right. That einai1 was sen1 a1 11:34 in
2 1 What is an incident iepoii': 2 2 1he morning.
24 A That. more ihan likely would he ihe inina1 24 Lel's pu1 i1 hack there lor a 
25 doeunieni ihai was ereaied in reierenee io ihis ineideni 2s A Actually it was sianip a1 11 34' huil

 

 

19 (Pages 182 to 185)

 

 

 

 

 

 

 

 

 

 

 

Page 1 a a
1 she makes retetence tn the narmlive that 1 headline. The New Tnnes is going to report what the New
2 mayhe indicative that this is actually 2:34 at. our time 2 Times wants to report, i dun't not otgitnil'aliun
3 0kay. in any eyent. the neat entail on this 2 would have attempted to make any change ltke that, it was
4 chain is trotn Steve Tuttie to someone named Staey Todd. 4 Taset that had a prohiem with the headline.

5 Whu'S that. do you know? 5 RY MR FALZONE,

6 A [have no idea 6 So why did titis have anything to do with 

7 Vivian Hernandez, the lady we just spoke oi. 7 do you know why Steye Tuttle sent this email to you and
a and you, right? a Vivitm Hernandez?

A Uhrhuh, 9 A Viytan Hernandez is our Pio, so that to me

10 And then the suhject line is story 10 would he keeping her ahreast or the latest tnionnation

11 curreded. And it reiets to a New Times article that says 11 related to the metha. Anti since i was the point Hi

12 or referred to as "Florida Miami Beach New Times Teen 12 contact related to Taset deytces in the department. this

13 Tasered to death." 13 to me is keeping me In the loop so to speak.

14 A Oh. yeah i rememhet that one, 14 nkay. And you don't know ii Stacy Todd is

15 it says irnm Mr. Tuttle to Stacy. whoever 15 someone here at Miami Reach or somewhere else?

16 that is. Stacy, your headline and story correction 16 A rm not iatntitar with anyone nametl Stacy

17 request to the New Times Miami was completed." 17 TodtL so dun'l know where she works

18 Then there's a hlug link Steve it says 19 Did yon know as oi Augusl 01' 2013 what

19 "Great wurk" and then his name. 19 caused Mr. Hernandet to die?

20 Do you see that? 20 A No it was pending toxicology. the cause

21 A Yes 21 and manner or death at that point

22 Tell me what this was ahnut. 22 Do you know as you sit here today what

23 A i think the original headline at that 23 caused Mr. Hernandet to re?

24 story and that was i helteye the rust story that came 24 A iheiteye Dr, Shuman attributed the death to

25 out on case. hastcalty fitdually in curate hased 25 exposure to the Taset

Page 137 Page 139
1 on what we knew at that time 1 MS PETERSEN: chiecnon to form as to the last
2 How so? Tell toe the details. 2 question,
3 A The headlines said the teen was taseted to 3 BY MR, FALZONI:
4 death, That yost sn-t a fact that anyhody knew at that 4 Do you have any to disagree with him?
5 time, and i |hin.k th what Tasernhyected to and asked 5 MS PETERSEN: chiecnon to form.
6 fur the story he corrected 6 MR, ROSENWALD Form
7 So how was it that Taser knew ahont the 7 THI: I'm not a medical expert so he's
a story? 2 the medical expert iihe says that's what it ts. then i
9 MS PETERSEN, 0hyection to furm 9 have no arguments to that

10 BY MR, FALZONE 10 BY MR, FALZONI:

11 I mean did you tell them? 11 Qkay. You were relating to tounsel {or

12 A have, i think that was the fin| 12 Taser an inlenum'lm that you had with Dr. Shunum at the

13 story that came uu| anti it came out Wednesday nflemuon. 13 time you were attending the autopsy.

14 Why were you sending the news report to 14 A Yes. str.

15 Taser? 15 Part oi what you said to counsel was that -

16 MS PETERSEN, 0hyection to furm 16 my wehsite is down .-

17 THE WITNESS iwas keeping their Pio inronnetl as to 17 i think you said it would he a prohlem {or you it the

18 what was being related In our local media, related 19 Taser kilied hitn.

19 dttectly to their tleytces that our organization carry. 19 A it would he my ldon'i

20 BY MR, FALZONE 20 i said that V'etbllum,

21 Why is it that -- i mean were you -- who 21 it wtli he my as hemg the custodtan

22 was it that was upset ahout the headiines? Was it Taser 22 ot the Taset |mllung for the Department to know

23 or was it you guys? 23 whether or not the devtces that we have 3m almost :00 ot

24 MS PETERSEN, 0hyection to furm 24 to the streets are safe, So that. to me. was a major

25 THE WITNESS it was Taset that was upset ahout the 25 statement tor to matte at that stage 11f the torenstc

 

 

 

20 (Pages 186 to 189)