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1404

(Witness excused.)

THE COURT: State's next witness.

MS. COREY: Yes, sir. Shawn Atkins.

THE COURT: Shawn Atkins, please. Mr. Atkins,

if you'll come right here before the clerk and do

-- as best you can raise your right hand for her to

administer the oath.

SHAWN ATKINS,

having been produced and first duly sworn as a witness

on behalf of the State, testified as follows:

THE WITNESS: Yes, ma'am.

THE COURT: All right. Mr. Atkins, if you'll

come right around this way the bailiff will help

you into the witness chair. And if you can just

scoot up as close as you can to that microphone.

Just speak loudly into the microphone so everybody

can hear you, all right?

THE WITNESS: All right.

THE COURT: Thank you, sir. Ms. Corey, go

right ahead.

MS. COREY: Yes, Your Honor.

DIRECT EXAMINATION

BY MS. COREY:

Q State and spell your name for the record.

A Shawn Lee Atkins, S-H-A-W-N, L-E-E,

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1405

A-T-K-I-N-S.

Q Are you currently incarcerated in the Florida

State Prison?

A Yes, ma'am.

Q Tell these jurors the circumstances of your

incarceration.

A On March and April of 2013 not only did I

steal gold from a family member of mine and sold it, I

also broke into a house with a lady friend of my

grandmother's, stole gold from there, too.

Q Tell them why you did that.

A I was homeless. I was trying to get to

Illinois to a place where I could live. I have a house

and get a job.

Q Did you admit to those crimes?

A Yes, ma'am. I did.

Q And did you get convicted as a felon of those

crimes?

A Unfortunately, yes.

Q By whose office were you prosecuted?

A Clay County and your office.

Q How many felonies did you plead to?

A 25.

Q Were they all connected to those same

instances that you just described to the jury?

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1406

A Yes, ma'am.

Q Were they different counts but all involving

the same instances?

A Yes, ma'am.

Q All right. And were you sentenced by a Clay

County Judge?

A Yes, ma'am.

Q To what term of prison?

A Seven years.

Q Okay. All of this occurred after November of

2012, is that correct?

A Yes, ma'am.

Q All right. Prior to your incarceration -- I

guess we'll go with the arrest. When were you first

arrested for the crimes that led to your incarceration?

A May 4th, 2013.

Q Okay. Prior to that time, where were you

living?

A At my grandmother's house.

Q Where is that located? Not -- not a specific

address, just a county.

A Orange Park, Clay County.

Q And did you ever live part of the time in

Duval County?

A Yes, ma'am.

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1407

Q Let me take your attention back to November

of 2012. Did you have an occupation at that time?

A No, ma'am.

Q Were you earning any money whatsoever at that

time?

A No, ma'am.

Q Did you have a girlfriend at that time?

A Yes, ma'am. I did.

Q Was she a serious girlfriend?

A Yes.

Q Did she have any employment towards the end

of November of 2012?

A Yes. She just got a job a couple days prior.

Q Did she have a place to live?

A No, ma'am.

Q On that Thanksgiving weekend of November of

2012 where were you and your girlfriend living?

A In my '88 Dodge Dakota on the streets of

Orange Park -- not Orange Park, Jacksonville.

Q You were literally living in your car?

A Yes, ma'am.

Q And she was living in your car with you?

A Yes, ma'am.

Q How would you bathe?

A I had friends that would help us out.

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1408

Bathing if it really came down to it I went to a

bathroom at a gas station or a store and washed in the

sink.

Q What was your girlfriend's name?

A Lauren Alderman.

Q Have you seen her since your incarceration?

A One time in June but not since.

Q Let me take your attention to the Friday

evening after Thanksgiving which was November 23rd of

2012, around 7:00 o'clock that evening. Do you recall

that evening?

A Yes, ma'am.

Q And do you recall events that occurred at a

Gate Gas Station near where you were living out of your

car?

A Yes, ma'am.

Q All right. Let's go back to the 7:00 o'clock

hour. Where were you and your girlfriend specifically

parked in your vehicle?

A At -- before we went to the Gate we were

parked at the Winn-Dixie on the right-hand side of it

and she had to use the restroom so we had went to the

Gate and then we parked on the furthest left spot.

Q Hold on just a little bit because I do want

to clarify a couple things for the jury. What would

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1409

you do in your vehicle? Say from 7:00 till about 7:30

what were you and Ms. Alderman doing?

A Listening to music on the radio, talking,

reading books. That's about it.

Q Okay. We're going to show you a photograph

marked into evidence as state's exhibit 3, and while

this does not depict the Winn-Dixie can you show them

the general area of where you were that evening?

A May I touch the screen?

Q Yes. Please touch the screen.

A (Marks photograph.) That way. Well --

Q That way a little more?

A Yeah, it was a little bit more.

Q What were the traffic conditions that evening

at Southside and Baymeadows? Was it heavy traffic?

A It was Jacksonville traffic, not very heavy,

not too heavy that late.

Q All right. And describe again the vehicle

that you two were in.

A A brown '88 Dodge Dakota with a long bench

seat.

Q All right. And had you been familiar with

that intersection prior to that night of kind of living

at the Winn-Dixie?

A Yes, ma'am. One time I lived close by there.

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1410

Q Why did you leave the Winn-Dixie to go to the

Gate Gas Station?

A Lauren had to use the restroom.

Q What time approximately if you can recall did

you pull out of the Winn-Dixie?

A About 7:20, if that, maybe a little bit

earlier.

Q And can you show the jurors on that

photograph by drawing the route you took to go into the

Gate Gas Station?

A Yes, ma'am. (Marks photograph.)

Q When you entered, were there sufficient

parking spaces available for you and Ms. Alderman to

pull into?

A Yes, ma'am.

Q Okay. And at what end of the station did you

pull in?

A The left side.

Q From the driveway when you turned, which way

--

A I went to the right after entering the

driveway.

Q Okay. And then you pulled in immediately to

your left?

A Yes, ma'am.

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1411

Q Let me show you state's exhibit 8 and ask

you, sir, in relation to this photograph, this

obviously was not what appeared when you pulled in, is

that correct?

A Yes, ma'am.

Q But just show the jurors approximately where

you pulled in and parked.

A (Marks photograph.)

Q At that time when you pulled in and parked,

was there anyone other than you and Ms. Alderman in

your car?

A No. Just me and Lauren.

Q And at the minute you pulled in -- did you

pull in frontwards?

A Yes, ma'am.

Q You know, just normal? And was there anyone

to your right in the parking space immediately to your

right?

A Not anyone to my right, no.

Q Okay. How about two parking spaces over?

A No.

Q And then three parking spaces over from where

you were?

A Yes, ma'am.

Q What color car?

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1412

A A red Durango.

Q Did you notice that car when you pulled in?

A Not when I pulled in, no.

Q Were your windows up or down?

A Down.

Q And did Ms. Alderman open her passenger door

to get out?

A Yes, ma'am.

Q When she opened her passenger door or through

your windows which were down, did you hear any

unnecessarily loud music?

A No, ma'am.

Q Would you have noticed loud music?

A Honestly, no. I've lived in the city so long

I just ignore it and drown it out.

Q All right. Did Ms. Alderman close the door

after she got out?

A Yes, ma'am.

Q Why didn't you go inside?

A I was watching my truck to make sure no one

stole any of our stuff out of it.

Q Were your -- are your physical -- I'm sorry,

your personal items were actually in your truck where

you were living?

A They were in the bed of my truck in a little

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1413

like Sterilite tote case.

Q All right. What were the weather conditions

that you recall that evening?

A Clear, a little humid.

Q How long do you think Ms. Alderman was inside

the Gate Gas Station?

A Five minutes, a little bit more.

Q Could you see into the red Dodge Durango?

A No, ma'am.

Q And could you hear anyone saying anything

from the red Dodge Durango?

A No, ma'am.

Q Were -- what were you doing yourself while

you were waiting for Ms. Alderman?

A Just observing, I guess, is the easiest way

to put it.

Q And while you were there waiting for

Ms. Alderman to come out of the Gate Gas Station, did

you observe and hear something very unusual?

A Yes, ma'am.

Q Tell these jurors what happened.

A I heard two gunshots, sounded like

firecrackers going off to my right.

Q And is that what drew your attention to your

right?

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1414

A Yes, ma'am.

Q Okay. So if you were -- if I am in your

driver's spot right here then you're saying you heard

sounds to your right?

A Yes, ma'am.

Q Okay. And then approximately how far from

where I am to where our bailiff is, where our police

officer is would you say you saw the red Dodge Durango?

Tell us where in the courtroom that would have been if

I'm you in your vehicle.

A Probably five, six feet before her.

Q Okay.

MS. COREY: Could you walk this way towards

me?

BY MS. COREY:

Q I would like for you to tell our officer when

to stop when you think that's where --

A Right about there.

Q Right about there. And did you notice any

vehicle on the other side of the red Dodge Durango?

A Not until it backed out.

Q Okay. So at this point -- thank you so much.

At this point then what did you see right there from

here to there? Was there anything obstructing your

view?

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1415

A Just the Durango.

Q Okay. And how many shots did you hear?

A I heard two before it backed out and sped

off.

Q Before what backed out and sped off?

A The Durango.

Q Okay. When you say backed out and sped off,

can you exactly describe the motion of the car? In

other words, did it back straight out or did it do a

turn and then head out?

A I believe it backed straight out. A little

bit foggy on that one, but it backed straight out and

drove off right behind me.

Q Okay. And when you say it drove off, did you

notice which direction that vehicle traveled?

A My left toward north.

Q Are you familiar -- I'm sorry.

A I'm sorry.

Q No. I talked over you. Start over. Did you

notice in which direction that vehicle traveled?

A North, northbound. They were trying to go to

-- looked like they were on Southside Boulevard.

Q But could you see it after that point?

A No, ma'am. As soon as it left the parking

lot I lost view of it.

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1416

Q What drew your attention back over into the

area where the Durango had just been? Were there more

shots fired?

A Yes, ma'am.

Q How many more?

A About four to five, more maybe, more than

that.

Q And was the red Durango still there when

those -- that second set of shots was fired?

A No, ma'am.

Q Was it driving?

A Yeah. They were driving off.

Q Okay. Now did you see who was shooting?

A Yes, ma'am.

Q I want you to describe for this jury who was

doing the shooting.

A An older gentleman with white hair, and

honestly if I saw him on the streets he looked like a

businessman kind of thing. He was dressed nice, had a

nice car and everything.

Q Okay. Did you see how he fired the gun?

A Yes, ma'am.

Q All right.

MS. COREY: Judge, may he stand up and

demonstrate for the jury?

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1417

THE COURT: Yes, ma'am.

BY MS. COREY:

Q All right, sir, I realize you have shackles

on. Are you able to do it from there? Okay. Stay by

-- I'm sorry. They can't see you. I need you to come

towards our bailiff and just show the jurors the stance

you saw that person take.

A Just crouched down like that shooting the

gun.

Q How did you describe that stance?

A A police stance.

Q You better get back on the microphone. Why

did you describe that as a police stance?

A It's like trying to either hide behind a door

or get better aim.

Q All right. And after the person -- after you

saw the shooter in that position, what did you see him

do?

A He closed the door of his car and his lady

friend came out of the Gate.

Q All right. Hold on. How did you know it was

his lady friend?

A At first I didn't know until she hopped in

the car.

Q All right. You saw a lady hop in his car?

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1418

A Yes, ma'am.

Q Did you see where that lady had come from?

A She came from the cash register.

Q Okay. And you were still watching all of

this from your car?

A Yes, ma'am.

Q Is that sidewalk that runs from the front of

your car where the circle is on the photo all the way

to the front door of the Gate, is that fairly well lit?

A Yes, ma'am.

Q In fact, can you see the outdoor lighting in

this photo?

A Yes, ma'am. I can.

Q And is that what allowed you to see from your

car to that vehicle?

A Yes, ma'am.

Q Were you sure that the person that was the

driver of that car that the young lady got in, was that

the same person who fired shots at the Durango?

A Yes, ma'am.

Q Okay. And, sir, did you hear the lady say

anything to the driver?

A I didn't hear her say anything but the look

on her face said enough.

Q All right. What did the look on her face say

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1419

to you? Describe it.

A Horror.

Q Horror?

A Horror.

Q And did you hear the driver that you had seen

shooting, could you hear him say anything to her?

A No, ma'am.

Q Now did you then -- what happened then? I'm

sorry. Strike that. Did you ever get out of your car

at that point?

A No, ma'am.

Q Did you get out of your car immediately after

you saw the young lady get into the dark car?

A Not until they drove off.

Q All right. Did you watch them drive off?

A Yes, ma'am.

Q And what did you do?

A I turned around to get the license plate

number.

Q What made you turn around and get that

license plate number?

A I don't know. I guess instinct. Something

told me that's what I should do.

Q All right. And did you memorize that license

plate number?

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1420

A Yes, ma'am. I did.

Q How did the shooter drive off?

A Fast. They drove off the same direction as

the Durango with a little bit of speed.

Q Okay. Did you stay in your car after you had

memorized his license tag number?

A For a second just to make sure he was --

drove off a little bit and then I went up into the Gate

Gas Station.

Q What did you do when you got inside the Gate

Gas Station?

A I gave the first cash or first cashier I seen

the license plate number.

Q Did she write it down or did you write it

down?

A I wrote it down for her.

Q I'm going to show you what's been marked into

evidence as state's exhibit 170, 170, and I'm going to

ask you, sir, is this the brown bag that you were given

to write the license plate number on?

A Yes, ma'am.

Q And is that the license plate you actually

wrote yourself on there?

A Yes, ma'am.

Q And can you read that license plate to the

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1421

jury?

A Yes, ma'am. It's Florida 937VNV.

Q What did you do with this brown paper bag

after you wrote that in your own handwriting?

A Handed it to the cash register or cashier.

Q All right.

MS. COREY: And, Judge, may I publish to the

jury?

THE COURT: Yes, ma'am.

MS. COREY: And would you ask -- would you

like me to show it or pass it?

THE COURT: Either. Whatever you prefer.

MS. COREY: And could you remind them they'll

get all of these exhibits later?

THE COURT: Yes. Ladies and gentlemen, the

exhibits that you're seeing, the photographs and

this exhibit here and there will be others, you

will get copies of and be allowed to take back into

the jury room with you to review during your

deliberations.

MS. COREY: Thank you, Your Honor.

BY MS. COREY:

Q Sir, where was Ms. Alderman at the time you

were doing this and giving this piece of paper to the

clerk?

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1422

A Well, when I went in there I thought she was

in the bathroom. I guess while I was writing down the

license plate number she crept on past me sort of. I

didn't see her go by.

Q I'm sorry. I missed the last thing you said.

We just took the photo down. Go ahead and repeat the

last thing you said.

A I said when I was giving the license plate

number to the lady she must have walked past me from

the bathroom because I went in there to go see if she

was there to get her to go and she was waiting in the

truck.

Q She was in the truck?

A Yes, ma'am.

Q To your knowledge at that time had she seen

or heard anything?

A She didn't see nothing.

Q Did you leave the Gate and go get back into

your truck?

A Yes, ma'am.

Q Mr. Atkins, did you leave that gas station at

that point?

A Yes, ma'am.

Q Why did you do that?

A Two reasons. One, I was terrified. Two, I

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1423

had absconded from my probation. I missed my probation

and I didn't really want to deal with the police.

Q All right. Tell the jurors what happened

that made you return to that Gate Gas Station.

A She slapped me and made me go back.

Q Who slapped you?

A Lauren did.

Q Had you told her what you had seen?

A Yes, ma'am, when we got on Southside.

Q And she made you go back up there?

A She forced me to go back.

Q Did you want to go back up there, Mr. Atkins?

A No, ma'am, I did not.

Q Did you know that by going back up there

there would be police officers there?

A I was sure of it.

Q All right. And then did you pull back into

the parking lot?

A Not immediately.

Q Tell the jurors why you couldn't pull back in

at that time.

A Police had it taped off so I couldn't go by.

There was according to the officer a murder

investigation or, well, at that time it was a shooting

is what they called it.

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1424

Q All right. How long do you think you were

gone from the time you got back into the car and pulled

out with Ms. Alderman till the time you returned to the

Gate Gas Station?

A Five minutes, give or take.

Q And in that time, sir, did you tell anyone

else besides Ms. Alderman about what happened?

A No.

Q Did you see any other police officers to the

-- at the destination where you drove? Did you go back

to the Winn-Dixie?

A No. I didn't make it there.

Q Okay. You turned around and went back?

A I turned right onto Southside or left on

Southside and went and made a U-turn on Baymeadows into

the Gate.

Q Okay. And did you then tell the police that

-- what you had witnessed?

A No. I told them that I saw everything go

down but I didn't tell them the details of what I saw.

Q Right. But did they ask you to remain at the

scene?

A Yes, ma'am.

Q And did you remain at the scene?

A Yes, ma'am. I did.

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1425

Q Knowing that they could determine that you

were on probation at the time?

A Yes, ma'am.

Q And did Ms. Alderman wait there with you?

A Yes, ma'am.

Q Did you eventually go down to the Police

Memorial Building in downtown Jacksonville?

A Yes, ma'am.

Q And did you speak with the police and convey

to them what you conveyed here to this jury?

A Yes, ma'am.

Q Were you ever shown that brown piece of paper

again?

A No. It was the first time I've seen it since

I made it.

Q And, sir, did there come a time at your

deposition when you talked to Mr. Guy about hopefully

helping you out of this trouble you were in?

A Yes, ma'am.

Q And why did you do that?

A I got seven years. That's a long time. I'm

young. You're only young once.

Q To your knowledge while your charges were

pending in Clay County, even though it's our office, do

you know whether anyone or did you or your lawyer ever

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1426

directly contact us about your situation?

MR. STROLLA: Your Honor, I'm going to object

to speculation of what his lawyers did, may or may

not have done.

THE COURT: Overruled.

THE WITNESS: No, ma'am. We never.

BY MS. COREY:

Q Was there ever a part of your plea bargain on

the record in Clay County that mentioned that you were

a witness in this case?

A No, ma'am.

Q Did you ever try to make contact with me or

Ms. Wolfson or Mr. Guy prior to the time you were

brought back for a deposition?

A No, ma'am.

Q And as you testified here today in front of

the jury are you expecting any special benefit from

your testimony?

A No, ma'am.

Q Tell these jurors why you went back to the

Gate Gas Station.

MR. STROLLA: Your Honor, asked and answered.

THE COURT: Sustained.

BY MS. COREY:

Q Tell them why you're testifying here in court

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1427

today.

A To do the right thing.

MS. COREY: May I have just a moment with

co-counsel?

THE COURT: Yes, ma'am.

MS. COREY: That's all I have for Mr. Atkins,

Your Honor.

THE COURT: Mr. Strolla, cross.

MR. STROLLA: Thank you, Your Honor. One

moment.

THE COURT: Yes, sir.

CROSS EXAMINATION

BY MR. STROLLA:

Q Mr. Atkins, just to stay on topic from that,

at the time you got sentenced did you know what your

sentence would be?

A Yes.

Q Okay. And when I took your deposition

Mr. Guy was there, I was there, correct?

A Yes, sir.

Q And prior to you entering even in the room is

when you approached Mr. Guy privately and asked for

those benefits and favors, correct?

A Yes, sir.

Q And you asked him for two based on your

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1428

testimony in this case, isn't that true?

A Yes, sir.

Q One was you wanted to stay in Jacksonville as

long as possible, isn't that correct?

A Yes, sir.

Q You didn't want to go back to prison, did

you?

A No, sir.

Q The other one is you asked if you could get

some of your sentencing reduction for you being a

witness in this case, correct?

A Yes, sir.

Q Okay. Isn't it true that after your depo was

over that day you got to stay in Jacksonville for over

a month before you were sent back to D.O.C.?

A I stayed for a month and a day and I was sent

back to D.O.C..

Q Okay. So the answer to my question was, yes,

you stayed for over a month, correct?

A Yes, sir. Yes, sir.

Q So you did receive a benefit that you asked

for, is that fair?

A I guess you can say that.

Q It just wasn't long enough for your liking?

A It was fine enough for me, sir.

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1429

Q Now you indicate that you heard two shots and

then the red SUV backed out, is that correct?

A Yes, sir.

Q And you said you believed it backed out

straight but you're foggy on that, that was your

testimony, correct?

A Yes, sir.

Q You also admit that you were homeless at the

time when these crimes occurred that you're now in

custody for, is that correct?

A Yes, sir.

Q Okay. Let me ask you this: On the evening

that this happened did you have any type of drugs or

alcohol or synthetic marijuana in your system that

night?

A No, sir.

Q And you're saying you couldn't hear music or

you just ignored it?

A I couldn't hear it. It's a possibility that

I just ignored it because like I said I've lived in the

city a few years. Just -- you start drowning out those

things.

Q But if something was playing music loud

enough to make mirrors or vibrate and shake -- have you

been around cars that are on the street that do that?

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1430

A Yeah. That was not happening.

Q Okay. And there's a difference -- would you

agree, there's a difference between loud music and then

base thumping?

A Ridiculous.

Q I'm sorry?

A Ridiculous music.

Q Ridiculously loud?

A Yeah. That was not happening.

Q Okay. And you've even been around it where

it's so loud it may even hurt your ears, you think

that's fair?

A Yes, sir.

Q And if it was that loud that night you'd be

able to hear that ridiculously loud music?

A Oh, yes.

Q Now prior to any gunshots, were you looking

over at the red SUV?

A For a second when the driver came out of the

Gate and hopped into the red SUV.

Q Okay. And you're talking about the gentleman

with the dredlocks, correct?

A I believe so.

Q Okay. And how long was he in that red SUV

before that first shot was fired?

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1431

A Less than a minute probably.

Q And again you can't testify to what words

were exchanged, right?

A No, sir.

Q You can't testify to what actions happened on

the other side of that Durango, correct?

A No, sir.

Q And matter of fact, isn't it true you told

the police that night that it actually looked like

Mr. Dunn, who you now know is Mr. Dunn, was shooting in

the ground as the SUV was leaving, is that true?

A I thought it was but I really have no

experience with a firearm.

Q Okay. And based on that lack of experience

I'm assuming, and I don't want to put words in your

mouth, correct me if I'm wrong, that would have freaked

you out being in that situation?

A I was terrified.

Q And you were so terrified you didn't even

realize that your longtime serious girlfriend walked

right by you inside the gas station, correct?

A Not at all. Never saw her.

Q And afterwards talking to her when you came

back you realized she's in the car, she must have

walked right by you?

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1432

A Yeah.

Q Okay. It's not like you walked around the

store and went to the bathroom or anything like that?

A Well, when I got in there and I gave the lady

at the desk the license number I went to -- I don't

why. I knocked on the girl's bathroom. I was

terrified. I wanted to get Lauren out of there and she

wasn't in there.

Q Okay. So at that point though it's safe to

assume you're actually at the front desk right by the

front door and Lauren walked right by you?

A Yeah. She went right by me.

Q Now were you there when the SUV pulled back?

A I was still on the side of the store when it

pulled back.

Q Okay. So as you're leaving the SUV was

already back, correct?

A Yes, sir.

Q Isn't it true that that SUV was in a

different spot entirely from where it was when the

shooting took place?

A I can't recollect.

Q Okay. Is it possible that SUV was closer to

your car when it came back than at the time of the

shooting?

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1433

A It's possible.

Q But you don't have a clear recollection, is

that fair?

A That's fair.

Q Now that night you were taken to the homicide

office, true?

A Yes, sir.

Q And, in fact, you actually saw three of the

guys from that SUV, didn't you?

A Yes, sir.

Q You were there when they actually took those

three gentlemen and put them in different rooms,

correct?

A Yes, sir.

Q And that was the same room eventually they

put you into, correct?

A Yes, sir.

Q And that purpose of you going into that room

was so that Ms. Wolfson could take your sworn

statement, isn't that true?

A Yes, sir.

Q She administered an oath just like the clerk

did today, correct?

A Yes, sir.

Q And you were told that this was going to be

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1434

videotaped and they were going to take your statement,

correct?

A Yes, sir.

Q Okay. And that was after the other three

gentlemen from the SUV had already given their

statements and left, was that correct?

A I believe so. No, no, because when we got

back to the desk and sat down they left. They sat in

another room until -- probably about 30 minutes before

me and Lauren left.

Q Okay. So even when you were in the room and

videotaped and recorded and sworn, when you came out

those guys were still there for a little bit?

A Yes, sir.

Q And Ms. Wolfson was present?

A Yes, sir.

Q Do you recognize her today as the lady asking

you questions that day on video?

A Yes, sir.

Q Okay. Was she also there talking to the

other three gentlemen that were in the SUV?

A I believe so.

Q Okay. And the homicide detectives were

obviously there because you're at the homicide office,

correct?

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1435

A Yes, sir.

Q And do you recall how long you were there?

A From about 9:00 o'clock till 2:00 o'clock in

the morning.

Q So you were there for about six hours?

A Yeah, for a good minute.

Q That's being a little facetious, correct?

A A tiny bit.

Q Okay. Now you indicated in that videotaped

statement that Mr. Dunn was actually leaning out of the

car, correct?

A He was crouched but --

Q Do you recall if you would have said leaning

that night that they took your video?

A I may have. I don't remember.

Q Okay. But sitting here today it's a

possibility. You just don't recall?

A Yes, sir.

Q Okay. Do you know how long that red SUV was

gone once it left after those couple of shots were

fired?

A Two minutes, maybe two-and-a-half minutes.

Not very long at all.

Q Okay. And isn't it true the homicide

detectives never asked you about that red SUV leaving

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1436

the scene?

A Oh, I don't remember.

Q Is it possible that they only asked you about

Mr. Dunn shooting and never asked you about the red SUV

leaving? Is that possible?

A It's possible.

Q And that's just because you can't recall

today?

A Yes, sir.

Q Same thing with Ms. Wolfson. Is it possible

that she never even asked you about that red SUV

leaving or any type of timeframes?

A It's possible.

Q Have they showed you that video to refresh

your recollection prior to today?

A No, sir.

Q Have they showed you any reports or any

statements you gave to the police before coming here

today?

A When we did -- when you did our deposition I

saw the -- my statement I filled out but I didn't see

no police report.

Q Right. They didn't show you the video?

A No, sir.

Q And even as of today when they brought you

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1437

over from your correctional facility to testify they've

still never refreshed your recollection with either the

video or your reports, correct?

A Correct.

MR. STROLLA: Judge, if I can just have a

moment, Your Honor.

THE COURT: Yes, sir.

BY MR. STROLLA:

Q Mr. Atkins, you said when you returned to the

parking lot they wouldn't let you in, is that correct?

A Yes, sir.

Q And you're talking about the Gate parking

lot, isn't that true?

A Yes, sir.

Q So are you familiar with that area? I know

you were staying across the street over by the

Winn-Dixie but do you -- are you familiar with that

plaza? I think Ms. Corey put a picture up that you

were drawing on.

A I'm very familiar with that area.

Q Okay. That plaza and parking lot was

actually open where people could drive into that plaza,

correct?

A No, not from the -- where I was going. The

police stopped me as soon as I got to the turnoff, the

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1438

driveway.

Q Right. You came up the driveway. You just

couldn't pull into the Gate parking lot?

A No, I couldn't pull into the parking lot.

Q All right. How did you get into the parking

lot? You said you drove around and pulled in?

A I drove the uey on Southside, came to the

first right driveway and an officer he waved me down.

He said you can't go. I told him that I saw what

happened and then he asked me to pull up a little bit

further onto the grass and sit there for a few minutes.

Q And that was right outside the Gate Gas

Station, correct?

A Yes, sir.

Q So there's actually extra entrances into that

plaza north -- further north, correct?

A Yes, sir.

Q You never even had to go down there, did you?

A No.

Q So again you have no idea if those were open

and letting people into the plaza, is that a fair

statement?

A That's a fair statement.

MR. STROLLA: Judge, I have nothing further.

Thank you, sir.

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1439

MS. COREY: May I?

THE COURT: Ms. Corey. Yes, ma'am.

REDIRECT EXAMINATION

BY MS. COREY:

Q Mr. Atkins, did Ms. Wolfson ever tell you

what your testimony should be?

A No, ma'am.

Q Did any member of the Jacksonville Sheriff's

Office ever tell you what your testimony should be?

A No, ma'am.

Q Did you discuss anything about the actual

facts of the case with anyone else at the Gate Gas

Station while you were there?

A No.

Q And when you were at the Police Memorial

Building, did you get together with any of the young

men in the red Dodge Durango and talk about what any of

you should say?

A I didn't talk to a soul. I was withdrawn.

Q Why were you withdrawn?

A Scared.

Q Has anyone from my office told you what to

testify to here in court today?

A No, ma'am.

Q And, sir, isn't it true that when -- well,

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1440

let me ask you a question. Do you recall the day of

your deposition?

A Yes, ma'am.

Q And do you recall talking to Mr. Guy about

was there anything that could be done about the length

of your sentence?

A Yes, ma'am.

Q Okay. Do you recall being placed under oath

in the deposition to talk to Mr. Strolla?

A Yes, ma'am.

Q And did you hear Mr. Guy tell Mr. Strolla

every word of conversation that the two of you had had

about your request for leniency?

A Yes, very clearly.

Q In detail?

A Yes, ma'am.

Q Now Mr. Strolla asked you whether or not you

had been granted leniency by remaining in Duval County,

is that correct?

A Yes, ma'am.

Q What is your understanding of what happens to

your gain time in prison when you come back to Duval

County?

MR. STROLLA: Your Honor, I'm going to object

to speculation in terms of relevance as well, Your

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1441

Honor. If I may, Your Honor, approach?

THE COURT: All right.

(Sidebar discussion with reporter present.)

THE COURT: Yes, sir.

MR. STROLLA: Judge, I don't believe he has

the qualifications to answer that question. He is

not an employee with D.O.C.. In terms of what do

you know about it I think goes not to relevance of

it, and again he is not qualified to answer that

question.

MS. COREY: Judge, if it's in his knowledge

that he actually loses gain time which is not a

benefit it's a fair rebuttal to what Mr. Strolla

tried to imply.

THE COURT: You are correct. You got into it,

Mr. Strolla, so you can ask the question. If he

knows he knows. If he doesn't he doesn't.

MR. STROLLA: Judge, if I may then --

THE COURT: I would venture to say I suspect

pretty much every inmate knows about their gain

time. That's one of their most important things

which they cherish it to say the least and they are

very -- the ones that I have seen correspondence

from will quote you verse upon verse about their

gain time.

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1442

MR. STROLLA: Judge, and the only thing I

would ask if I could have then a brief recross

question to clarify and rehabilitate that where

this was -- this witness I understand what you are

saying about the gain time. I agree, but this

witness specifically asked to remain in

Jacksonville so I would like to ask at least a

follow-up on recross for that, Your Honor.

MS. COREY: He already asked that.

THE COURT: You already asked that. He has

already said he specifically asked to remain in

Jacksonville. He admitted it.

MR. STROLLA: Then I would renew another

objection and grounds that it's not relevant

because it doesn't matter if he knows he loses gain

time. He specifically asked for that benefit and

got it, Judge.

THE COURT: But the impression you have tried

to leave the jury with is that he got some kind of

a benefit, be it 30 days. I guess Ms. Corey is

going to try and show if you want to call it a

benefit it wasn't a 30-day benefit because he lost

some gain time on the other end of his sentence.

MR. STROLLA: How is that relevant, Judge, if

he asked for that? If he didn't ask for it then I

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1443

can understand the argument.

THE COURT: It it just -- because it it goes

to show really it might not be such a benefit, the

amount of time.

MR. STROLLA: No, no. I understand the gain

time but he specifically asked for something and

received it. I understand we can argue it. I just

want to put that objection on the record. I don't

think it's relevant that he got what he asked for.

THE COURT: Actually I don't know that he got

what he asked for. I know that he asked to stay

here for a lengthy period of time according to what

you had asked him. He didn't get that. He did

stay for a while. Under what circumstances I don't

know.

I don't know -- there has been no testimony

that the state had a deal with him to keep him here

for 30 days. For all I know it could have been the

order to transport back to the D.O.C. didn't get

done. Whether it was on purpose or not I don't

know or a Judge didn't sign it to send him back. I

don't know. So I will let her ask that question

about the gain time over your objection.

MR. STROLLA: Thank you.

MS. COREY: While we are at sidebar so we can

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1444

cover two quick things to keep from approaching, I

am going leave after this witness and go to see a

witness who was previously wearing jeans. I want

to make sure she is appropriately clothed.

After that -- the witness after that has Gate

Gas Station legal counsel with her and we need your

permission when we call her in, her name is

Ms. Grimes, to allow the lawyer to come and sit on

the front row. The bailiffs told me to ask your

permission.

MR. STROLLA: I would only object that she

walks in with a lawyer and sits down.

MS. COREY: No. We will have him come in

after she takes the stand.

MR. STROLLA: That's fine.

THE COURT: He can come in and have a seat.

MS. COREY: We are not going to announce who

is coming in with her. I want you to make sure we

were putting somebody on the front row and that

person is an officer of the Court.

THE COURT: He is behind -- he is in the

gallery, not coming inside.

MS. COREY: Oh, not inside the bar but I can't

see the front row quite frankly and I just want to

make sure I tell him where to sit specifically.

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1445

MR. STROLLA: Is there a reason he needs to

sit on the front row?

THE COURT: If he can get a seat on the front

row fine. If it's the second tell him to sit on

the second.

(Sidebar discussion concluded.)

THE COURT: All right. The objection is

overruled. Go ahead, Ms. Corey.

MS. COREY: Mrs. Simpkins, do you mind reading

back my specific question for Mr. Atkins?

(The question was read back by the court

reporter.)

THE WITNESS: You won't get none. You lose

it.

BY MS. COREY:

Q You lose that benefit in prison from staying

here, is that correct?

A Yes, ma'am. That's true.

MS. COREY: Thank you. No further questions,

Your Honor.

THE COURT: May he be excused?

MS. COREY: He may.

THE COURT: Mr. Strolla?

MR. STROLLA: Yes, Your Honor.

THE COURT: All right. Thank you, sir.

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1446

You're excused.

(Witness excused.)

THE COURT: State, next witness, please.

MS. WOLFSON: Your Honor, the state next calls

Mariah Grimes, and may Mr. Strolla and I approach

as she's approaching?

THE COURT: Yes. Mariah Grimes.

MS. COREY: Yes, sir. That was the issue.

THE COURT: Okay. Mariah Grimes, please.

Ms. Grimes, if you would come all the way up to the

front for me, please, ma'am. Right up here to the

front. If you'll raise your right hand the clerk

will administer the oath to you.

MARIAH GRIMES,

having been produced and first duly sworn as a witness

on behalf of the State, testified as follows:

THE WITNESS: Yes, I do.

THE COURT: All right. Ma'am, if you'll come

right around here and have a seat for me in the

witness chair. And if you'll scoot yourself up to

the microphone. Be sure and speak right into the

microphone and speak loudly so everybody can hear

you, all right?

THE WITNESS: Okay.

THE COURT: Thank you, ma'am. Be sure and