CA v Robert Durst Murder Trial Day 23 Randy Burrows Galveston Dive Team — Transcript
Full transcript
- 0:00return mr durst is president
- 0:03with gary and mr chestnut
- 0:07the council of people are present led by
- 0:09david balian
- 0:10mr balian what uh what will he be
- 0:13presenting next
- 0:14the testimony of randall burroughs live
- 0:19a witness who's present yep
- 0:22all right you may call your witness
- 0:33we're doing the full spread today of
- 0:35reading stipulations video and live
- 0:42okay
- 0:52[Music]
- 0:53shall be the truth the whole truth and
- 0:55nothing but the truth
- 1:11burrows b-u-r-r-o-w-s
- 1:17may proceed thank you good morning good
- 1:19morning
- 1:20so what do you do for a living i retired
- 1:23from the galveston county sheriff's
- 1:24office as a lieutenant
- 1:26but now work part-time for the galveston
- 1:28county medical examiner's office as a
- 1:30death investigator
- 1:32for how long have you been retired and
- 1:34working as a death investigator
- 1:36i retired almost 11 years ago but i've
- 1:39been doing the death investigations
- 1:41part-time for about 15 years
- 1:45so let's go back to your work at the
- 1:47sheriff's office in galveston county
- 1:49what did you do there my last two years
- 1:52i was a lieutenant
- 1:54in charge of the marine division and
- 1:56dive team and patrol division
- 1:59before that i worked in investigations
- 2:03including narcotics homicide burglary
- 2:08robbery everything um
- 2:12when you uh worked for the sheriff's
- 2:15department
- 2:17how many years total was that 32 years
- 2:19and how many years
- 2:20in investigations
- 2:2428 did that include homicide
- 2:26investigations yes
- 2:28when you work currently for the medical
- 2:30examiner's office as the death
- 2:32investigator
- 2:32yes just very briefly what does that
- 2:34entail the
- 2:36death investigator for the medical
- 2:37examiner's office basically is the eyes
- 2:39and ears for the doctors that perform
- 2:41autopsies
- 2:42when the doctor sees the deceased it's
- 2:45laying on a table he has no idea or she
- 2:48has no idea
- 2:49what happened with this deceased person
- 2:51so we go to the scenes
- 2:53we process the scenes we photograph it
- 2:55we document we
- 2:57reports and so forth that way when the
- 2:59doctor gets our reports and sees the
- 3:01photographs
- 3:02has some idea of what happened on that
- 3:04scene
- 3:05do you have some basic training
- 3:08for that position in human anatomy yes
- 3:11have you
- 3:11um recovered body parts as part of that
- 3:16job function oh yes okay
- 3:19um i want to talk about your dive
- 3:23experience
- 3:24you've mentioned something about for two
- 3:26years you were you did something with
- 3:27diving what is that
- 3:28well i was a commander of the dive team
- 3:31a marine division and dive team for the
- 3:32last two years but i was part of the
- 3:34dive team and the dive team leader
- 3:36for about 10 years with the sheriff's
- 3:38office so
- 3:39let's talk about what the dive team is
- 3:41what the dive team at the sheriff's
- 3:43office in galveston county what are they
- 3:44responsible for
- 3:45the dive team is actually responsible
- 3:47for
- 3:48tributaries galveston bay and anywhere
- 3:52we're assigned to go
- 3:53bodies of water where items get thrown
- 3:56in there that don't belong there
- 3:58and it's our job to go in there and make
- 4:00a recovery and
- 4:01process that is potential evidence and
- 4:04get it out of the water
- 4:06so i'm not going to limit you
- 4:07specifically to your work
- 4:09on the dive team with the sheriff i just
- 4:11want to know in general
- 4:13what's your diving experiences when did
- 4:14you start diving
- 4:16i started diving back in the 80s in the
- 4:19mid 80s
- 4:20and that's when we
- 4:23started informally
- 4:27diving recreationally diving and so
- 4:28forth and formed a
- 4:30definite team and have you received
- 4:33training to dive
- 4:34oh yes is there specific training you've
- 4:36had in terms of searching
- 4:38in terms of a diver well yeah i was
- 4:40actually
- 4:41an instructor and taught diving
- 4:44both recreational and public safety
- 4:46diving and for
- 4:47how many years did you teach oh
- 4:53another 10 10 11 years and when you say
- 4:56public safety diving what does that
- 4:57encompass public safety diving is just
- 4:59that it's that's
- 5:00what dive teams are supposed to do
- 5:03that's public safety diving as opposed
- 5:04to recreational diving which is
- 5:06going out and looking at lovely fish and
- 5:09corals and stuff
- 5:10uh public sector diving is diving in
- 5:11water that most people don't want to go
- 5:13in
- 5:14do you do that too recreational dive oh
- 5:16absolutely
- 5:17um is there any recreational diving
- 5:19going on in in the gulf of me
- 5:21in galveston bay i'm not in galveston
- 5:23back now okay
- 5:25um so
- 5:30i'm going to take you back well before i
- 5:32do that how many dives do you think
- 5:33you've
- 5:34successfully completed
- 5:38thousands how about searches
- 5:42uh diving searches
- 5:46uh if i logged every one of them i'd be
- 5:48doing several
- 5:49dive books but uh 500 or so at least
- 5:53okay and when you say you were
- 5:56on the their head of the dive team for
- 5:58the sheriffs in galveston
- 6:00i want to take you back to the year
- 6:022001. how many people were on that dive
- 6:04team
- 6:06um that particular i think we had seven
- 6:09seven on our team
- 6:10okay and you were the head of that team
- 6:12yes
- 6:14as the head of the team did you
- 6:15coordinate the dives and figure out
- 6:17exactly what was going to happen yes
- 6:19plan the dives
- 6:20were you present during the dives yes
- 6:22did you give instructions on what each
- 6:23person's part would be
- 6:25yes did you participate in the dive yes
- 6:27all right
- 6:29so i'm going to take you back to um
- 6:34this case the case of the recovered body
- 6:37parts remorse black and galveston you're
- 6:39familiar with what i'm talking about
- 6:40yes and did you um
- 6:43become involved in this case i did also
- 6:47the original call came to the galveston
- 6:50police department
- 6:51their dive team was dispatched and
- 6:53realized that the scene was
- 6:55relatively large area so they called the
- 6:58sheriff's office for assistance
- 7:00which is commonplace i mean we work
- 7:02together all the time in these dive
- 7:03scenes because
- 7:04more people is better as far as that
- 7:07goes
- 7:08and when you arrive um had
- 7:11body parts had you been informed that
- 7:12body parts had already been recovered
- 7:14from the water
- 7:15yes all right those were already removed
- 7:17by the time you got there
- 7:19i think there were some that were still
- 7:20in that had not been removed from the
- 7:22scene so i got to look at where they
- 7:24were where they washed up and so forth
- 7:25but
- 7:26some of them had already been removed
- 7:28all right and was it just yourself or
- 7:29did you have your entire dive team there
- 7:31oh the whole team was there
- 7:33and was it just the sheriff's dive team
- 7:35that was involved in this particular
- 7:37search or was their other dive team no
- 7:40it was the
- 7:40sheriff's department dive team who was
- 7:42assisting the galveston police
- 7:44department dive team
- 7:45okay and the galveston police department
- 7:47had their own separate and distinct dive
- 7:48team
- 7:49yes how many people approximately were
- 7:51on scene from galveston dive team
- 7:53oh uh eight or nine maybe ten
- 7:57okay and were you at some point
- 8:00told what in particular you were looking
- 8:03for
- 8:04oh yes what were you told we were
- 8:07looking for any any pieces of evidence
- 8:08but also
- 8:09the head okay a human head yes all right
- 8:13so did you first of all let's describe
- 8:15this area where this
- 8:17search took place could just briefly
- 8:19describe
- 8:20for this jury what this body where this
- 8:22body of water is in relation to
- 8:24galveston island
- 8:26galveston bay is
- 8:30the area between galveston island and
- 8:33the mainland
- 8:34of galveston county it is
- 8:38has ship channels uh the texas city ship
- 8:41channel the houston ship channel
- 8:43and the intracoastal waterway but it
- 8:46also
- 8:46is is an area of recreational use for
- 8:50fishermen and so forth that is
- 8:52north of galveston island but south of
- 8:55the mainland
- 8:56if that makes sense so this is part of
- 8:58the gulf of mexico
- 9:00it's attached to the gulf of mexico okay
- 9:02and it's called galveston bay
- 9:03yes all right so you have galveston
- 9:05island
- 9:06and then you have mainland texas and
- 9:08there's a body of water that separates
- 9:10the two of them correct
- 9:11and that's the the galveston bay yes
- 9:13okay
- 9:14and in particular which side of the
- 9:16island were you guys searching
- 9:17we were on the north in north side of
- 9:20the island
- 9:21uh in the bay proper
- 9:25between the mainland and galveston
- 9:27island
- 9:28north north shore of galveston island
- 9:30i'm going to show you
- 9:31page one of what's been marked as
- 9:33people's 184.
- 9:36do you recognize that area in that
- 9:37photograph i do and is this the north
- 9:40side of the island that you searched
- 9:41yes do you see that red circle on this
- 9:44yes
- 9:44and in particular is that the um the
- 9:47area
- 9:48that you were asked to search yes okay
- 9:52i'm showing you what's in mark as photo
- 9:55two
- 9:55page two on people's 184. it's just
- 9:59another view of that same particular
- 10:00area
- 10:01yes okay so
- 10:05before we talk about your search i just
- 10:06want to ask you a few questions
- 10:08about what the water conditions are like
- 10:10in this area um
- 10:12let's start first with um
- 10:15water movement water the movement of
- 10:17water currents
- 10:18whatever you want what's the proper term
- 10:20well there's there's
- 10:22water movement can be determined as far
- 10:24as currents and wave action
- 10:26and tidal flow okay so what's the water
- 10:30movement
- 10:30like in this particular area on the
- 10:32north side of galveston island
- 10:34where this body of water you searched
- 10:36was
- 10:39the movement of the water basically
- 10:40depends on on the wind direction
- 10:44and also the amount of tide uh
- 10:48that is rising and falling
- 10:52um it all depends on what time of year
- 10:56and so forth
- 10:57so compared to the um
- 11:00say you know you go to an area where
- 11:03there's a beach area
- 11:04and um you see waves on the beach with
- 11:07something someone would typically
- 11:08experience
- 11:09is the movement of water like that in
- 11:10this area in galveston bay
- 11:13no it's pretty much along the shore it's
- 11:15pretty much
- 11:16uh based on wind
- 11:19wind currents as far as moving that
- 11:21water towards the shore or away from the
- 11:23shore okay so are you saying for the
- 11:24most part
- 11:26the movement of water in this particular
- 11:28area
- 11:29uh is dependent on the wind conditions
- 11:31yes
- 11:32um is it your testimony that based on
- 11:35your experience
- 11:37how many times have you done dovan and
- 11:40galveston bay in this particular area in
- 11:41that particular area
- 11:43that day was the only time we dove in
- 11:44that area um
- 11:46but i've dove in galveston bay
- 11:50hundreds of thousands almost 500 or so
- 11:52times
- 11:53okay and in galveston
- 11:56bay is the movement of the water
- 11:59depending on
- 12:00the wind conditions
- 12:03or is it more this particular area on
- 12:05the north side of this island that's
- 12:06difficult to say
- 12:07for in that particular instance the the
- 12:10movement of the water was not that great
- 12:12because
- 12:12but it was because of the wind direction
- 12:14however there are certain times
- 12:16when currents can be generated from
- 12:19outflow
- 12:20from from a lot of rain coming out of
- 12:22the trinity river or from any
- 12:24of the other and then also tidal tidal
- 12:26movements out
- 12:27in the channel area but along that area
- 12:30right there at that particular time it
- 12:32was all wind generated
- 12:33let's talk about this particular area
- 12:36that you searched
- 12:37on this particular time period you
- 12:38searched were you um
- 12:40on galveston island at this period of
- 12:42time in the days the days surrounding
- 12:44the search
- 12:45yes and so i want to talk about from
- 12:47september 28th
- 12:48to the day you searched are you familiar
- 12:50with what the weather and wind
- 12:52conditions
- 12:52and water conditions were in this area
- 12:54at those at that particular time
- 12:56yes okay what was it we had a northern
- 12:59blow through and
- 13:00the wind was actually coming out of the
- 13:01north blowing from
- 13:03north to south which was blowing into
- 13:05the into the shoreline so the waves that
- 13:07were being generated
- 13:08were actually coming towards the
- 13:09shoreline so at that particular
- 13:12time from the 28th of september to the
- 13:14time when you searched
- 13:15if you were standing if you look at the
- 13:17exhibit that's on the screen that you
- 13:18were previously shown
- 13:20if you're standing on that um let's just
- 13:23take that
- 13:24concrete bulkhead that's sticking out
- 13:26the end of that
- 13:27um landmass do you see that yes
- 13:30you're standing at the end of that
- 13:32concrete bulkhead and you're
- 13:34with your back to the land and your face
- 13:36to the ocean
- 13:37which way would the wind be blowing
- 13:38blowing right in my face
- 13:40okay so then which way was the water
- 13:43movement
- 13:44in this particular area during that
- 13:46period of time from the 28th of
- 13:47september
- 13:48when you serve towards the shore so
- 13:52let's say a kid went out there and threw
- 13:54a
- 13:55toy boat in the water at the end of that
- 13:58concrete bulkhead
- 13:59then which direction would that toy boat
- 14:01it's going to come towards the shore
- 14:03okay any doubt about that no doubt okay
- 14:05and what about something that
- 14:07sunk to the bottom in that particular
- 14:09area if you hooked it out there
- 14:11at that period of time if that if it's
- 14:13light enough to be able to move on the
- 14:15bottom which way is it going to move
- 14:17well it's going to go towards the shore
- 14:18but if it if it sinks to the bottom it's
- 14:21probably going to stay pretty close to
- 14:22where it sunk to the bottom okay so are
- 14:24you saying there's more
- 14:25movement of the water at the surface
- 14:27than at the bottom in this particular
- 14:28yes so then the wind
- 14:31affects the movement of the surface of
- 14:32the water but uh down towards the bottom
- 14:35it doesn't move as much right and of
- 14:36course as deeper
- 14:37deeper as you go the less effect from
- 14:39the wind is going to have okay but so
- 14:41close to shore where it's very shallow
- 14:43you're going to have more
- 14:44effect but if you're in the deeper water
- 14:46say five or six feet
- 14:48you're not going to have wind affect the
- 14:50movement of the
- 14:51of the object so if something in this
- 14:53period of time from the 28th forward
- 14:55to when you searched was thrown and did
- 14:58sink
- 14:58and if there was enough movement at the
- 15:01bottom wherever it was to move it which
- 15:03direction would it get moved it's going
- 15:04to go to the shore go towards shore
- 15:07any doubt about that no doubt so we've
- 15:10talked about the water conditions
- 15:12in terms of movement of the water and
- 15:15the wind conditions
- 15:16can you describe for the jury what's the
- 15:18visibility like in this particular area
- 15:20the water visibility well as you can see
- 15:23from that picture
- 15:25it's not very clear
- 15:28we as divers we're referred to
- 15:32as mud divers we're referred to as
- 15:34chocolate milk divers
- 15:36because every bit of the water in
- 15:37gauss's bay that we dive in is zero
- 15:39visibility
- 15:40you can't see anything with your eyes
- 15:43it's all done with your hands
- 15:45okay so this is not a recreational
- 15:46diving area no not at all
- 15:48all right let's talk about the bottom
- 15:51underneath the water
- 15:52you walk out there what's the bottom
- 15:54line
- 15:55it's going to be mostly sand after all
- 15:58galveston island is a barrier island so
- 16:01it's predominantly sand
- 16:03but as the water
- 16:06doesn't move it's going to have a it's
- 16:08going to build up some silty
- 16:10characteristics
- 16:11but it's predominantly sand and is this
- 16:15soft packed sand hard packed sand if i'm
- 16:17walking out there what's it going to
- 16:18feel like it's pretty hard i mean you
- 16:19may sing down a couple inches but it's
- 16:21not it's not like it's waiting in the
- 16:22mud
- 16:24it's uh you're you're you're it's pretty
- 16:25firm
- 16:27and is there a rocky aspect to it along
- 16:30the shoreline yes
- 16:31those are those rocks that are there
- 16:33that were there are actually
- 16:35placed there by man-made or by by man
- 16:38they weren't
- 16:42there naturally
- 16:54so i'm showing you what's been marked as
- 16:57page 21
- 16:59of this same exhibit 184.
- 17:02is this a picture um a little tide of
- 17:05the same exact
- 17:06area that we're talking about where you
- 17:07search yes yes
- 17:09and you see how near the near the edges
- 17:12towards the concrete surface sides
- 17:15there are some rocks yes there yes and
- 17:18then the rest of it
- 17:19appears to be sand is this fairly
- 17:22inaccurately depict what you're talking
- 17:24about
- 17:24absolutely yes in terms of the bottom
- 17:27yes
- 17:27absolutely okay so if it's full of water
- 17:31and i'm walking out there
- 17:32you say my feet might sink a short
- 17:34amount yeah a couple inches you know
- 17:36probably
- 17:37you're going to hit something solid
- 17:38solid sand and is it
- 17:41like i've been to the beach and walked
- 17:43around on the beach not in the water
- 17:47and are we talking like that soft of
- 17:49sand or more firm
- 17:52um well the beach in galveston is
- 17:55different than a beach in california
- 17:57okay so which one would i rather go to
- 18:00okay i can tell you california
- 18:06we go ahead that yeah
- 18:09it's it's firm sand it's a it's a
- 18:12not a white sand by any means but it's
- 18:14uh
- 18:15it's not powder so if something sinks to
- 18:18the bottom
- 18:21let's how heavy does it have to be in
- 18:23order to sink completely into the sand
- 18:25where you're not going to see it anymore
- 18:26in this particular area it it would take
- 18:30it a long while to sink to the
- 18:31sink below the surface of the sand
- 18:35have you um have you
- 18:38you said you've recovered body parts
- 18:40before have you ever been involved in
- 18:42investigation where a human head was
- 18:44recovered yes
- 18:45and are you familiar as part of your
- 18:47investigation with the coroner's office
- 18:49you're familiar with the characteristics
- 18:50of a human head
- 18:51yes and the weight of a human head yes
- 18:54if the human head
- 18:55was thrown into water um would it float
- 18:58or sink from your
- 19:00sink it's gonna sink okay is that
- 19:02because there's not a lot of
- 19:03cavity areas to hold air correct okay um
- 19:07if a human head was thrown in this area
- 19:09and sunk to the bottom
- 19:11given your experience the weight of this
- 19:13head would it sink below the sand so you
- 19:15couldn't see it
- 19:16no no any chance of that no it's
- 19:19going to be right there okay
- 19:26so how deep now let's talk about the
- 19:29depth
- 19:29how deep is the water out in this
- 19:31particular area well you can see from
- 19:32that picture right there
- 19:34uh that's right there along the
- 19:35shoreline inches deep but as you go out
- 19:39it has a gradual grade
- 19:41that would go out probably at the end of
- 19:43the pier
- 19:44we may be looking at four to five feet
- 19:47and then
- 19:47farther out you may get to seven feet
- 19:51so would you describe this as a very
- 19:52deep area no not at all
- 19:56um showing you what page two of the same
- 19:59exhibit
- 20:01so you're saying as you get to end of
- 20:03that that
- 20:05concrete extension on the left i'm
- 20:06calling it a concrete bulkhead you
- 20:08understand what i'm referring to yes i
- 20:09do
- 20:10and uh as you get to the end of that
- 20:13it's maybe how many feet deep uh four to
- 20:15five feet
- 20:15okay and to the right of that
- 20:18you see the protrusion there it looks
- 20:21like some sort of a
- 20:22rocky i do okay is that like a
- 20:26what would how would you describe that
- 20:27was a collapsed fishing pier okay
- 20:30again same depth in that whole area yes
- 20:33so when you say you search this area as
- 20:35a diver
- 20:37how i mean you're not going down very
- 20:39deep diving no
- 20:40no not at all okay
- 20:45all right so i'd like to talk about what
- 20:47you did
- 20:48what what were your responsibilities in
- 20:50terms of this search
- 20:52well the we divided the the entire crime
- 20:56scene up
- 20:57uh into two sections uh one section the
- 21:00galveston sheriff's office dive team
- 21:02is going to search and the other section
- 21:03the galveston police department dive
- 21:04team is going to search
- 21:06now that being said both of our teams
- 21:08are trained the same
- 21:10strictly because we work together so
- 21:12much so we all went through the same
- 21:14training
- 21:14that way if if they were short a dive or
- 21:17one of my divers could just step
- 21:19right in and we actually even use the
- 21:21same type of equipment
- 21:23that way it's all interchangeable so if
- 21:26we get a bigger scene that we could all
- 21:28work together
- 21:29as one scene as one unit but this
- 21:32particular time we divided it up into
- 21:33two
- 21:34like i said the galveston police
- 21:35department team dove to the
- 21:39left of that
- 21:42pier so are you um talking about this
- 21:45area here yes
- 21:46they dove to the left and towards shore
- 21:49okay how far how far south to towards
- 21:52the shore they
- 21:53all wait till the water was like inches
- 21:55deep where you could see what was on the
- 21:56bottom okay
- 21:58and how far out were they searching from
- 22:00about
- 22:0120 yards past the end of that pier okay
- 22:04and so they searched the whole area
- 22:06about 20 yards
- 22:08to the left of this pier well
- 22:11they actually went out farther going to
- 22:12the left of the pier they went out
- 22:14probably uh 75 to 100 feet
- 22:18and that's what our ropes are set at
- 22:22outside the pier but towards the north
- 22:25they only went out about 20 yards
- 22:27i'll say when you say the north the
- 22:28north beyond the north yes
- 22:30okay towards the open water
- 22:34correct okay and which area was your
- 22:37team responsible for
- 22:38we were responsible for the area between
- 22:41the two piers
- 22:42uh we we uh searched that area
- 22:45uh and actually some we actually went
- 22:48around that
- 22:49here on the right a little bit too but
- 22:51uh we searched out into the more open
- 22:53water
- 22:54beyond the piers how far out beyond the
- 22:56piers did you guys go
- 22:58um 20 30 40 yards something along that
- 23:01line
- 23:03so as a leader of the dive team and with
- 23:08the background training and experience
- 23:09that you have
- 23:11did you search an area that you deemed
- 23:13sufficient given the wind and water
- 23:15conditions at the time
- 23:16given what object you knew you were
- 23:18looking for yes okay
- 23:20in other words why didn't you go further
- 23:21out towards the open water
- 23:23wouldn't have been out there okay if it
- 23:25had been thrown out there and moved
- 23:26which direction would it have moved move
- 23:28towards the shore
- 23:28and you searched the entire area from 20
- 23:31to 30 yards out past those piers
- 23:33all the way into the shore correct and
- 23:35you searched that entire area between
- 23:37those two piers
- 23:37yes and you searched around that smaller
- 23:40pier well the other team did yes
- 23:42oh the smaller pier yes you're right and
- 23:43the other team searched the area
- 23:45i'm looking at this photograph to the
- 23:46left of the larger pier yes
- 23:48okay were you satisfied based on your
- 23:51background training experience
- 23:54that in total this entire area that was
- 23:56searched was sufficient
- 23:58to find what you were looking for yes
- 24:02so describe the search you can't see
- 24:04down there so what are you doing
- 24:06basically everything's done by feel uh
- 24:09the uh
- 24:10the diver is crawling along the bottom
- 24:13and is it is feeling the feeling the
- 24:16objects are on the bottom and anytime he
- 24:18runs into something he
- 24:20tries to identify it and in this
- 24:22particular case if it's something that
- 24:25maybe a rock that's the appropriate size
- 24:26he could actually stand up and look at
- 24:28it
- 24:28because it was that shallow but for the
- 24:31most part
- 24:32they're swimming are crawling along the
- 24:34bottom feeling the bottom to see what
- 24:36they can find
- 24:36so you're you could stand up out of the
- 24:38water oh yes yeah
- 24:39for the most part it's like four or five
- 24:41feet right there now as we got deeper we
- 24:43couldn't
- 24:43as we got deeper are you using like
- 24:45snorkels or do you have diapers no we
- 24:46full
- 24:46full dye gear okay so you're able to
- 24:48just focus your efforts on your search
- 24:50and not worry about breathing
- 24:51correct okay i mean not that you're not
- 24:53worried about breathing but
- 24:55you weren't deep enough to get the bends
- 24:56right you didn't no time your dives
- 25:00okay so um how do you know uh
- 25:03do you take any precautions to make sure
- 25:05you know you're searching every square
- 25:06inch
- 25:07absolutely what do you do well we we use
- 25:10primarily in a situation like this
- 25:12what's called a tether system
- 25:14the the diver his sole responsibility
- 25:17is to swim along the line he's got a
- 25:19tether that comes back to the shore
- 25:21that tender that that hells the
- 25:25he's the anchor that holds on to the
- 25:26line he controls where that diver
- 25:28searches
- 25:29so that diver is swimming along an arc
- 25:32uh
- 25:33from starting for example inside the the
- 25:36bulkhead there if he
- 25:37he's standing right there on the where
- 25:39the water meets the uh the shore right
- 25:41there
- 25:42he's standing right there he's
- 25:43controlling the diver who's swimming in
- 25:45an ark
- 25:46swimming away and out into deeper water
- 25:49so when he gets to the end the diver
- 25:51stops or the tender stops him he
- 25:53lets a little line out comes back along
- 25:56the
- 25:57along the line and stops it when it gets
- 25:58to the shore lets a little more line out
- 26:01and you do that all the way out and once
- 26:03you've completed the distance that we're
- 26:05looking for
- 26:06you then move the tender to another
- 26:09location
- 26:10and start the process over again
- 26:12overlapping a lot of the area that's
- 26:14already been searched
- 26:15which is the which is the main reason we
- 26:16do that let me ask you
- 26:18so i just know
- 26:23tetherball have you ever played
- 26:24tetherball sure okay so
- 26:26tetherball's got like a metal pole in
- 26:28the middle and there's a rope attached
- 26:29to it with the ball at the end
- 26:31and you hit the ball and it the goal is
- 26:33to try to get the circle to pull
- 26:35so there's no more rope right right okay
- 26:37so the pole in the tetherball example
- 26:40would that be
- 26:40the person you're describing as the
- 26:42tender yes okay
- 26:44so the tenders at this the end of the
- 26:45rope controlling how far that
- 26:48that diver is going to be out would the
- 26:50diver be the ball in my example
- 26:52yes okay and so as the divers at the end
- 26:54of the rope
- 26:57in my tetherball example would the diver
- 26:59be swimming back and forth
- 27:01at the as far as you can with the ropes
- 27:03allowing him yes
- 27:04and when he does that complete arch with
- 27:07the
- 27:07the pole person what's the whole person
- 27:09called the tender the tender would the
- 27:10tender let out
- 27:11a little more rope and say okay swim
- 27:13that arc again yes you'll go back and
- 27:15forth again
- 27:16yes and then the tender would let out a
- 27:18little more rope and let him go back and
- 27:19forth
- 27:20again yes so is the diver
- 27:23continuing to swim back and forth in an
- 27:26arc and the arc gets larger and larger
- 27:28and larger until the entire area is
- 27:29covered
- 27:30correct and then you move the pull or
- 27:32the attention
- 27:33yeah move it to another location which
- 27:35we map it out and figure out where we're
- 27:37going to go
- 27:37and then you pull the rope in and bring
- 27:39the diver close start out start over
- 27:41again
- 27:41so the diver literally starts like right
- 27:43next to you going back and forth and
- 27:44then goes further and further out
- 27:46yes okay and you do that from enough
- 27:48points
- 27:49where you're going to cover this entire
- 27:50area yes
- 27:52and in fact from your testimony
- 27:55you're going to do it in a way that
- 27:57you're going to actually have a bunch of
- 27:58overlap so the same area may get covered
- 28:00more than one time correct
- 28:02and this was the procedure that you used
- 28:04for the area that your team searched
- 28:06yes and did you see the galveston team
- 28:08doing their search as well
- 28:09absolutely and did they follow the same
- 28:11protocols and use the same system
- 28:13yes all right by the way even though
- 28:16you're separate
- 28:18entities were you guys basically working
- 28:19as one coordinated team absolutely we
- 28:22yeah we were we know them we
- 28:25they know us we know them so we're
- 28:27interacting with each other the whole
- 28:28time
- 28:29okay and i assume then if their team had
- 28:31found
- 28:32a head you would know about it
- 28:33absolutely okay there'd be some kind of
- 28:35commotion and probably a lot everyone
- 28:37were going to want to go look right
- 28:38yes okay so
- 28:41when the diver the ball in my example
- 28:45is conducting their arc search they're
- 28:48literally
- 28:49like on prone position laid out feeling
- 28:51the bottom
- 28:52yes okay mostly with a sweeping motion
- 28:55with their with their hands
- 28:57feeling along the bottom are you
- 29:00confident based on your background
- 29:01training your experience and what you
- 29:03saw that day
- 29:04that all these areas you described were
- 29:06completely and thoroughly searched
- 29:08yes
- 29:11did you find a head no did the galveston
- 29:14team find the head
- 29:15no no one found a head that's correct
- 29:19if a head was dumped let's assume
- 29:22that these body parts were found
- 29:26between those two bulkheads you were
- 29:29told
- 29:30generally where these body parts were
- 29:31found oh yes okay
- 29:33and
- 29:37and assume someone threw those body
- 29:39parts off of that
- 29:41here on the left there first of all if
- 29:44they throw at the end of the pier
- 29:46the body parts could go either direction
- 29:48on from that pier yes
- 29:49they can go to the left or to the right
- 29:52yes yes they could
- 29:53if you're standing on that bulkhead you
- 29:54could throw some to the right some of
- 29:56the left
- 29:56sure okay were
- 30:00were you satisfied based on the search
- 30:03that you um
- 30:07like conducted if someone had thrown
- 30:11those body parts at the same spot at the
- 30:13same time
- 30:15with the head thrown in at the same spot
- 30:17at the same time
- 30:18would you have found the head absolutely
- 30:21you have any doubt about that no doubt
- 30:24so in your opinion was that head thrown
- 30:26in the same spot at the same time as
- 30:27those other body parts
- 30:28no any doubt about that whatsoever no
- 30:32because it would have been done there
- 30:33we'd have found it
- 30:35what about marine animals was there any
- 30:37marine animals that live in this bay
- 30:38area that could have carried that head
- 30:39away
- 30:40the only marine animals that might be
- 30:42there in that area would be
- 30:45blue crabs which are about the size of
- 30:48my hand
- 30:49at biggest they're not going to move
- 30:50ahead they may eat on it
- 30:53but they're not going to move it any any
- 30:55doubt about that
- 30:56no there's no giant crabs in galveston
- 30:58bay they're going to carry that
- 30:59head away despite the picture of the one
- 31:02on the front of guy does that was not
- 31:03the one caught in galveston bay
- 31:05okay what about like
- 31:09sharks are there sharks at this time in
- 31:12this area
- 31:13not an adversary now no
- 31:16maybe farther out in the channel and
- 31:18stuff but not in that
- 31:19that's too shallow for them to be up in
- 31:21there okay
- 31:22so do you have any doubt in your mind
- 31:24whatsoever based on what you
- 31:25did and what you saw that that head was
- 31:28not deposited in the
- 31:29well no doubt assuming it was
- 31:34it was not deposited at the same time
- 31:36with those other body parts
- 31:39any doubt about that it was not
- 31:42deposited in that area before we were
- 31:46there
- 31:47of course it's possible that somebody
- 31:50deposited all the stuff
- 31:51at one time and then ripped open one of
- 31:54the bags came back later and took the
- 31:55head
- 31:57it's possible that's pure
- 32:03that's possible okay that would be
- 32:04another explanation for not having a
- 32:06head there right
- 32:07before we got there yeah okay any other
- 32:09scenario where you can conceive of
- 32:11why that head would not be found
- 32:16um
- 32:19those two it was thrown and
- 32:22recovered and removed or it wasn't
- 32:25thrown at all
- 32:26okay um
- 32:36what about a slope is there a slope in
- 32:38that area like away from shore where the
- 32:40head could have rolled on the bottom
- 32:41away
- 32:42now it doesn't really
- 32:46it's a gradual gray to go down it's very
- 32:50it's it's not i wouldn't even call it a
- 32:53slope
- 32:54given your knowledge of a human head if
- 32:57it had been thrown in and sunk to the
- 32:58bottom
- 32:59would it have been in your search area
- 33:02yes
- 33:02it would have been there okay and you
- 33:04didn't find it did not find it
- 33:06thank you nothing further cross
- 33:08examination
- 33:44good morning mr burroughs i'm dick
- 33:45tagarin and i represent
- 33:47bob durst along with my co-counsel we've
- 33:50never met have we
- 33:51oh yes we have really well i've gone up
- 33:54against you many times in galveston
- 33:55county
- 33:58in other cases yes okay well
- 34:01maybe it's the mask probably probably
- 34:05and the hair too i had longer hair back
- 34:06then uh
- 34:08longer than that quite a bit longer
- 34:12okay um
- 34:18well now you got me thinking about
- 34:20trying to remember what case it was
- 34:22maybe we'll spend a little few minutes
- 34:24when the we don't waste the jury's time
- 34:26about that
- 34:28at any rate um
- 34:33how long had the bags been in the water
- 34:36if you know
- 34:38before you started your search i do not
- 34:40know
- 34:44you started your search on uh
- 34:47what day please
- 34:51uh it would be i guess september
- 34:55the 29th the evening that evening
- 34:59i believe 2001
- 35:08a long time ago i was going to look at
- 35:11the reports i thought it was the 30th
- 35:15so i think we can still wait it was up
- 35:18there
- 35:21and it was at night it was an evening
- 35:24yes
- 35:24okay uh do you know when
- 35:28the bags that contain the other body
- 35:32parts were found
- 35:37no they
- 35:37[Music]
- 35:40when i got the call to go out there
- 35:43the galveston police department was
- 35:44already on the scene and
- 35:46in fact the medical examiner was already
- 35:49there as well
- 35:51and those recoveries had been made
- 35:52before i got there
- 35:54uh if there's information that it was
- 35:57about six o'clock in the evening
- 35:59when um the boy and his stepfather
- 36:03discovered the torso would that be
- 36:06consistent with what you know
- 36:08sure all right so you were there
- 36:13four to six hours after
- 36:17the discovery of the bags right correct
- 36:21and i take it that your search took
- 36:24hours
- 36:25very much so yeah into the next day into
- 36:28the next morning
- 36:31you have to answer
- 36:37and you said that there was a norther
- 36:40that had blown in
- 36:41correct now we might have to explain
- 36:44out here in california what a norther is
- 36:48and maybe we even explain what a blue
- 36:50norther is
- 36:52um it's uh
- 36:58cold air that comes down from the north
- 37:02blowing toward the south is that a app
- 37:05description fair yes
- 37:07there's a saying in texas that there's
- 37:09nothing but barbed wire fence between
- 37:12there and the north pole you've heard
- 37:15that haven't you i have
- 37:17when did the norther blow in
- 37:20i don't remember
- 37:26you mentioned that the wind is
- 37:29an influence on the movement of water
- 37:33and there was a north wind at the time
- 37:35you were there
- 37:38i believe it says beginning at
- 37:42200 hours that'd be eight o'clock right
- 37:48sure i mean that's military time twenty
- 37:51hundred hours twenty hundred hours is
- 37:52eight o'clock
- 37:53okay that p.m right
- 37:57yes had to had the northern blown in
- 38:00that day
- 38:02when i got there that evening
- 38:05and was looking and evaluating the scene
- 38:07about what we were going to do
- 38:09the wind was blowing in my face as i was
- 38:12standing on the bulkhead
- 38:14okay time factor i don't have a clue
- 38:16what time it was
- 38:17are there published tied and
- 38:22current figures yes did you check those
- 38:26no
- 38:30and so we can understand that the
- 38:32published
- 38:33tied and current figures are done by the
- 38:37uh some national uh federal agency
- 38:42right sure they're done by but they're
- 38:44also at a specific
- 38:46location not that location they're done
- 38:48for various locations like the entrance
- 38:50to galveston bay
- 38:51to the texas city dike to the entrance
- 38:54to clear lake
- 38:55these areas like this but not at that
- 38:57specific location so they're going to be
- 38:58off by a few hours
- 39:01but there are multiple locations where
- 39:02those measurements are taken and
- 39:04recorded and reported
- 39:05yes and there are also
- 39:11[Music]
- 39:12forecasts as to the tides and currents
- 39:15right correct and you did not check
- 39:18those either i did not
- 39:23so um
- 39:26were you aware that
- 39:29bags either containing
- 39:33body parts or evidence
- 39:36were found along on both sides of that
- 39:41concrete pier yes
- 39:45and that one set of bags in particular
- 39:49three bags were found some 500
- 39:55feet or 500 paces away from where the
- 39:58torso was found
- 40:01okay were you aware of that no
- 40:06is it correct that there were bags that
- 40:08were
- 40:09found on both sides of the pier
- 40:12that we're looking at yes all right
- 40:17and were you aware that there was a set
- 40:19of bags
- 40:20three that appeared to be have been in
- 40:23each other
- 40:24that were empty
- 40:27of body parts at the time i was not
- 40:31aware
- 40:32but i am now okay you've been made aware
- 40:35of it at some point
- 40:36when were you made aware of that oh
- 40:39gosh a number of years ago but it was
- 40:42somewhat after though
- 40:43i mean it was
- 40:47i guess it would have been before the
- 40:50trial
- 40:51in galveston
- 40:55all right um now you did not testify in
- 40:59the trial and galveston did correct
- 41:01were you did they tell you you weren't
- 41:04going to testify because they found some
- 41:05empty bags
- 41:07no the empty bags had
- 41:12tears in them or slits in them
- 41:15that were from two and a half to three
- 41:17feet big did you know that i had heard
- 41:20that yes
- 41:22if one of those bags or if they were
- 41:25concentric that is
- 41:26one bag inside another bag inside
- 41:28another bag and they had they all had
- 41:30those
- 41:31that sled in it if the head had been in
- 41:34in that that would be plenty of room for
- 41:37a head to come
- 41:38out of the bag wouldn't it depends on
- 41:41how long the slits were i mean
- 41:43two and a half to three feet i'd have to
- 41:44have to look at i'd have to
- 41:47i can't make a decision based sorry i
- 41:48can't make a decision based on your
- 41:50description
- 41:51okay well let me tell you that we've
- 41:53stipulated that we've agreed
- 41:55right before you testified that the
- 41:58slits in those bags
- 42:00were from two and a half to three feet
- 42:03two and a half to three feet i'm
- 42:06just guessing with my hands right now
- 42:09that's plenty big enough for a
- 42:11head to come out of that bag right okay
- 42:15is it i guess it's possible
- 42:26now the wind is one
- 42:30factor in the movement of the water but
- 42:31tides are also a factor in movement of
- 42:34water
- 42:34right correct and
- 42:37uh as a long-time galveston resident you
- 42:40know that
- 42:42the tides uh can be several feet
- 42:47that is raising and lowering of the
- 42:50water several feet
- 42:51oh in extreme circumstances yes but for
- 42:54the most part
- 42:55the the tidal flow is not more than a
- 42:59foot foot and a half at the most
- 43:03and the tides
- 43:07operate several times a day don't they
- 43:11in some cases yes well i mean there are
- 43:15times that there's only one tied a day
- 43:17in a 24-hour period okay did you check
- 43:20to see how
- 43:21many tides there had been that
- 43:24day or preceding that day when you were
- 43:27out there i did not
- 43:29was the tide coming in or going out when
- 43:31you were out there diving
- 43:32i don't know or did it change while you
- 43:35were there
- 43:36it i don't i don't call
- 43:44now the picture that's on the screen
- 43:48what number is that
- 43:59people's exhibit 184 okay
- 44:02the picture's on the screen
- 44:09that almost looks like blue water
- 44:10doesn't it
- 44:12yeah that's not what
- 44:16that's not what the water in galveston
- 44:17bay looks like
- 44:19is it not routinely no know or
- 44:22on that day
- 44:26the water that we were in was was pretty
- 44:29pretty muddy
- 44:31and by pretty muddy you mean
- 44:34maybe you can see an inch or so in front
- 44:36of you not even that
- 44:37not even that far not even that okay
- 44:40so you're relegated to having to feel
- 44:44yes the uh
- 44:48the bottom of the water bottom
- 44:51yeah the bottom yes and
- 44:55it's true isn't it that galveston bay is
- 44:58very large but it's also very shallow
- 45:01for the most part yes and by very large
- 45:03we're talking about
- 45:04miles and miles across at places aren't
- 45:07we correct
- 45:08let me um if we can
- 45:14got a couple of maps here let me make
- 45:17sure that we can
- 45:19mark these
- 45:32i have a defendant's exhibit number
- 45:36please ma'am
- 45:59uh
- 46:02charts as d
- 46:06one two and three all right
- 46:10so here's d1
- 46:23i'm assuming you're familiar with
- 46:25nautical charts
- 46:27i am and does that appear to be a
- 46:29nautical chart
- 46:30of uh galveston island uh
- 46:33part of galveston bay which would be
- 46:37the beginning of the east bay and uh
- 46:45well is that what that is yes all right
- 46:50now the area where you searched
- 46:55is uh toward uh
- 46:59the north side of galveston island
- 47:03about can you point to it on that
- 47:07screen i think it is about in here isn't
- 47:10it
- 47:10no that's uh
- 47:14tell me where to move the pin
- 47:20that could be where the causeway is it
- 47:22move farther to your right and
- 47:24up right up right around and there i
- 47:26believe
- 47:27okay yeah right there all right
- 47:35i'm just going to put a circle around
- 47:37that general area
- 47:42is that about correct i believe so yes
- 47:45all right
- 47:50now of that area
- 47:54you searched of course we don't have a
- 47:56scale here
- 47:57uh you searched uh as much as
- 48:01uh 75 to 100 feet out from
- 48:05the shoreline yes but no further
- 48:08no and
- 48:17so what's
- 48:21what's out here that's pretty much all
- 48:24open
- 48:25water um a lot of fishermen like to go
- 48:29out in there and
- 48:30drift fish
- 48:34and there's actually another channel
- 48:37farther obviously where it says 6.9 5.9
- 48:39that's an old channel
- 48:41that comes into this where pier 77
- 48:44channel is right there so that's
- 48:46it's pretty much all open water it's
- 48:47just shallow
- 48:49okay in fact that open water
- 48:52goes all the way up to uh
- 48:56here's a this is um mark this is
- 49:03d3
- 49:07this is a little bit larger perspective
- 49:12of the galveston bay area and galveston
- 49:14island
- 49:19where i'm pointing being galveston
- 49:21island correct correct
- 49:24and uh galveston bay being
- 49:27this blue part that's uh that's east
- 49:30galveston bay
- 49:32and west galveston bay down toward the
- 49:34west
- 49:37is that actually this is west bay
- 49:40here right east bay is up above
- 49:43baltimore peninsula
- 49:44uh-huh and galveston bay is right there
- 49:47in the center
- 49:48and goes up towards trinity bay and uh
- 49:50up in that deeper that's all
- 49:51that's all gallant bay complex right
- 49:56so how many miles is it across let's
- 49:59first
- 49:59start across from where you did your
- 50:02search
- 50:03over to texas city that's probably the
- 50:05closest
- 50:06well where you're pointing that's
- 50:08pelican island um
- 50:10further down pelican is right here no
- 50:12that's that's pelican island the search
- 50:13area is farther down
- 50:16right about where i'm pointing now uh
- 50:19kinda but more to your left
- 50:22well if you give may i have the
- 50:26pointer i don't know if we've got a
- 50:29point here
- 50:31we got one will that work
- 50:36she usually doesn't work on projection
- 50:38all right
- 50:43[Music]
- 50:44perfect nice
- 50:48that's that's why his face max says
- 50:54put the element back up who wants the
- 50:57other one too
- 50:58oh you want the other one i'll show you
- 51:00about where
- 51:02are you referring to on the screen now
- 51:05will be d3
- 51:11zoomed out this area here is pelican
- 51:13island
- 51:14and this right this is where the
- 51:16causeway goes across
- 51:18to get to get to mainland to galveston
- 51:20island so
- 51:21just north of there around that g
- 51:24i guess that's the jeep right about 70
- 51:27is where we're talking about
- 51:28okay and so my question was we see texas
- 51:31city
- 51:33here um
- 51:36how far is it from where you were your
- 51:39search area
- 51:40to texas city several miles
- 51:43uh i don't know exactly between three
- 51:46and five miles yeah
- 51:47several miles okay so we have that
- 51:51perspective that
- 52:03if the search area is where we've
- 52:05circled
- 52:06it's three to five miles across here
- 52:09uh none of this is searched right
- 52:12actually
- 52:13this is the mainland right here yes this
- 52:15is the railroad
- 52:16bridge and crosses to galveston island
- 52:20so however when you talk about from here
- 52:22to the mainland there's a direct line
- 52:24uh it's it's not going to be three to
- 52:27five miles because the causeway is not
- 52:28three to five miles long
- 52:30but it's it's at least two miles per
- 52:32hour maybe
- 52:33four and a half miles
- 52:38okay so you search
- 52:42maximum 100 feet from the shore but
- 52:46there's
- 52:48a couple of miles several miles
- 52:50depending on which direction you go
- 52:52of open bay yes
- 53:12huh
- 53:35okay of course the this nautical map
- 53:39doesn't have the
- 53:40highways or roads
- 53:44in galveston or in this neighborhood in
- 53:46galveston or
- 53:48any other road for that matter but
- 53:52this brown area that's on the screen
- 53:55that's all galveston island right
- 53:57correct
- 53:58in fact there's a blue area down here
- 54:02that's just a bio or
- 54:07what we call the bio
- 54:10off its bio right that's correct and
- 54:14here's another a little bit
- 54:18more perspective
- 54:21this will be d2
- 54:30this is zoomed out a little bit uh
- 54:34office bio is about where i'm pointing
- 54:36here right
- 54:37yes and that but
- 54:40galveston island is on both sides of
- 54:43office bible
- 54:44yes and the search area again
- 54:49was right here
- 54:52correct mr garen has placed a circle on
- 54:56them
- 54:57he placed a circle on d three is that d2
- 55:05or d3
- 55:07that's d2 you're right sorry
- 55:13okay so this gives us a little bit more
- 55:15perspective
- 55:16about the distance between the search
- 55:20area and the rest of the bay
- 55:22particularly the pro
- 55:23the closest point of land would be
- 55:27about where i'm pointing right okay
- 55:31yeah that's that's at least the length
- 55:33of the
- 55:34causeway and the causeways two miles
- 55:38[Music]
- 55:40ah i don't know
- 55:46okay
- 55:54did you ever go um
- 55:57how many days were you out there by the
- 55:59way uh we was out there
- 56:07day and a half okay did you ever go back
- 56:11and try to go further out into the bay
- 56:14no is there a
- 56:18commercial fishing uh activity out in
- 56:21the bay there
- 56:22out in the bay yes and that's uh like
- 56:25shrimp boats
- 56:26yes shrimp boats generally drag nets
- 56:30correct
- 56:35and how close to the shore do those
- 56:36shrimp boats get they are not varied
- 56:38because it's too shallow for them
- 56:41they'd be running the shrimp they'd be
- 56:42running the shrimp boat of ground right
- 56:45uh but then later out in the in the bay
- 56:48there's five to seven feet
- 56:52farther away from land yes they they i
- 56:54mean you're looking probably
- 56:57several hundred yards that they would
- 56:59stay offshore which
- 57:00quite honestly i've never seen a shrimp
- 57:02boat there
- 57:04and the uh there are several channels
- 57:06that are cut through there
- 57:08is that right yes channels that are
- 57:10dredged
- 57:12well they used to be not anymore the
- 57:15i mean particularly the intercoastal
- 57:17canal or the intercoastal waterway
- 57:19the intercoastal is yes and that goes
- 57:21all the way from
- 57:27jacksonville florida to to uh
- 57:30uh to the tip of texas in brownsville
- 57:32doesn't it yes
- 57:34big boats uh go on that
- 57:37yeah that runs right here
- 57:40right and there's also the houston ship
- 57:44channel right correct and the texas city
- 57:48ship channel right yes
- 57:51and they those are uh channels that are
- 57:54dug
- 57:55uh dredged to
- 57:58depth enough for large boats
- 58:02ships to use them right yes
- 58:06to 40 feet 50 feet
- 58:09no the i'm trying to remember what the
- 58:12what the it's been so long
- 58:16they're they're dredged
- 58:20to a certain depth and i can't remember
- 58:21what it is but it's it's probably
- 58:2325 feet or so because there's there
- 58:26the length of their vessels are limited
- 58:28as far as
- 58:30even our channels there are not meant to
- 58:32bring in the super tankers
- 58:34which would have a much greater depth
- 58:37but those
- 58:38those ship channels are
- 58:41i want to say 25 to 30 foot deep and you
- 58:45you're not talking about the houston
- 58:47chip channel i'm talking about the texas
- 58:48city channel
- 58:49yeah and tech city channel and
- 58:51intercoastal the intercoastal is only
- 58:52is 17 foot deep but that uh
- 58:57probably not important but that the
- 59:01the intercoastal accommodates
- 59:04tugboats and barges correct
- 59:09so
- 59:13as far as the search was concerned
- 59:17to sum it up you searched an area of
- 59:21how many would you can you estimate how
- 59:24many square feet
- 59:26you searched
- 59:32um
- 59:36i got a calculator i can calculate it i
- 59:38mean i
- 59:39you saw the area that i outlined
- 59:42but just that area that i outlined on
- 59:45direct
- 59:46right now
- 59:49we know from
- 59:53something about the distance of where
- 59:55the
- 59:56bags that still had body parts in them
- 59:58were found and the
- 1:00:01three bags that had the big slit in it
- 1:00:03were found that was
- 1:00:04something like 500 paces away from and
- 1:00:07on the other side of the
- 1:00:09pier right like i said
- 1:00:12i don't know where those were found
- 1:00:14we've had a stipulation about that
- 1:00:17assuming that they were found some 500
- 1:00:19paces
- 1:00:21and on the other side of the pier that
- 1:00:22means that those bags
- 1:00:24if they were all thrown in the same
- 1:00:26place that means that those bags had
- 1:00:29traveled
- 1:00:29that far in the time between what they
- 1:00:33were thrown in and when you were there
- 1:00:35right well that would actually make
- 1:00:37sense
- 1:00:38due to the fact that there was nothing
- 1:00:40to hold them down at all the wind
- 1:00:42they were really subject to the wind
- 1:00:44it's like throwing a feather into the
- 1:00:45wind it's going to blow wherever it
- 1:00:46wants to blow
- 1:00:48but the answer is that's correct they
- 1:00:50had gone
- 1:00:52500 paces assuming that we have our
- 1:00:55stipulation they'd gone 500 paces
- 1:00:58from the other bags okay
- 1:01:03and they were empty right
- 1:01:06okay yes did you know that i do now
- 1:01:10okay and did you know that they were
- 1:01:13found with
- 1:01:14mars black's blood in them
- 1:01:19i assumed that they were yes okay
- 1:01:25i believe that's all yes please
- 1:01:34when you say you search 75-100 feet from
- 1:01:37the shoreline in response to mr
- 1:01:39daguerreon's questions i just want to be
- 1:01:40clear
- 1:01:42when you say shoreline you're talking
- 1:01:44about all
- 1:01:45shore protrusions is that right oh yes
- 1:01:47so in other words if you've got
- 1:01:54page two of people's 184
- 1:01:58those two peers again you you search
- 1:02:01that entire area between those two piers
- 1:02:03yes and beyond the amount you've
- 1:02:07indicated
- 1:02:08yes and then
- 1:02:11to the left side of it looking at this
- 1:02:13photograph
- 1:02:14as well with search the distance you've
- 1:02:16already indicated yes okay
- 1:02:20so mr degaran asked you why you didn't
- 1:02:24search the entire
- 1:02:25gulf of mexico or not gulf of mexico but
- 1:02:28uh galveston bay
- 1:02:30you understand the questions i'm talking
- 1:02:31about i do why didn't you uh
- 1:02:34search the entire galveston bed
- 1:02:38when we got to that scene that day
- 1:02:42that night we met
- 1:02:45with the investigators we met with the
- 1:02:47crime scene guys
- 1:02:49based on the information that we were
- 1:02:51given by them
- 1:02:53we as a dive team prepared a plan
- 1:02:58when i say prepared a plan we divided
- 1:03:00the scene in half
- 1:03:02galveston police took one half and we
- 1:03:04took the other half
- 1:03:06and in that plan we decided
- 1:03:09how far out and we also limited the
- 1:03:12tether that i spoke about earlier the
- 1:03:14the line that is being held by the
- 1:03:17tinder
- 1:03:18is 75 foot long
- 1:03:21we have a hundred footer but we don't
- 1:03:22like to use it because it's
- 1:03:24becomes more cumbersome the farther
- 1:03:26farther out you go we can use it but
- 1:03:28it's more cumbersome than
- 1:03:29the more length so we made this plan and
- 1:03:32every place that we put this tinder
- 1:03:34that's how far that guy searched
- 1:03:36and when you formulated this plan did
- 1:03:38you take into consideration the water
- 1:03:40and wind conditions sure
- 1:03:42so you could have certainly taken that
- 1:03:45rope
- 1:03:45five miles offshore into the chipping
- 1:03:47channels right if we had a boat we got
- 1:03:48going out there
- 1:03:49yes sure okay so would would you have
- 1:03:52gone out
- 1:03:53to the main body of water in the
- 1:03:55shipping channels and searched out there
- 1:03:56we didn't need to
- 1:03:57okay and why didn't you need to because
- 1:03:59the wind conditions based on the
- 1:04:00information we received the wind
- 1:04:02conditions
- 1:04:02the water conditions of that time the
- 1:04:04area that we searched
- 1:04:06we would have found the head if it was
- 1:04:07there and what is the
- 1:04:10golfs and bay drain into the gulf of
- 1:04:12mexico
- 1:04:13okay did you search the gulf of mexico
- 1:04:15did not why not didn't need to
- 1:04:17okay so
- 1:04:20i want you to assume so what you're
- 1:04:22saying is based on the wind conditions
- 1:04:24anything that was in there
- 1:04:25thrown from that area from that pier
- 1:04:27would have blown back to shore
- 1:04:28sure and you searched all the areas
- 1:04:31that would have that would have
- 1:04:32contained items that floated in that
- 1:04:34area
- 1:04:35yes okay if as part of the sheriff's
- 1:04:38department
- 1:04:39if a head was found on galveston island
- 1:04:41would you become aware of that
- 1:04:42yeah okay after that search was any head
- 1:04:44ever found on the shoreline
- 1:04:46it was not okay um i'm gonna show you
- 1:04:49what's been marked as
- 1:04:52page 19
- 1:04:55with people's 184. see that red circle
- 1:04:58area
- 1:04:59i do i want you to assume that that's
- 1:05:00the stipulated 500 paces to the
- 1:05:03east um where this
- 1:05:06other bag was found can you orient
- 1:05:08yourself to where that was found in
- 1:05:09relation to the area you searched
- 1:05:11yes okay and then i'm going to show you
- 1:05:14page 20 of the same exhibit
- 1:05:16and that's and actually an example a
- 1:05:19photograph of these bags that were found
- 1:05:21in that area
- 1:05:22so you see how these are found on shore
- 1:05:24yes is that consistent with the wind and
- 1:05:26water conditions
- 1:05:27of what you're describing or where you
- 1:05:28would expect it to be found yes does it
- 1:05:30surprise you that one of the bags was
- 1:05:32found in that area
- 1:05:33no given the wind conditions absolutely
- 1:05:35not and
- 1:05:36these bags float right yes like a boy
- 1:05:39who throws a
- 1:05:40toy boat into the water if the wind is
- 1:05:43pushing it it's going to get pushed
- 1:05:44right
- 1:05:44correct i want you to assume you know
- 1:05:47where the railroad tracks are
- 1:05:48i do okay i want you to assume that
- 1:05:51entire shoreline was searched
- 1:05:54from the area you searched all the way
- 1:05:55to the railroad tracks
- 1:05:57the sherlock i do know that the
- 1:05:59shoreline was walked by galveston police
- 1:06:00officers i want you i'm telling you i
- 1:06:02want you to assume it was searched
- 1:06:04and no head was found okay
- 1:06:14is there any other areas you could think
- 1:06:16of where that head would have gone
- 1:06:21if it had been thrown at that location
- 1:06:23no no
- 1:06:24okay and if it would have rolled it
- 1:06:27would have
- 1:06:28moved underwater it would have moved
- 1:06:29towards shore is that right
- 1:06:32yeah if it wouldn't roll but if it were
- 1:06:34floating in a bag it would have floated
- 1:06:36to shore yes
- 1:06:37okay and no one found it no one found it
- 1:06:41anything else briefly
- 1:06:50your search plan was based on the
- 1:06:53conditions you found at the time you
- 1:06:55went there
- 1:06:56correct and the conditions at the time
- 1:06:58you went there
- 1:06:59norther had blown in at some time that
- 1:07:02you don't know
- 1:07:03right before i got there
- 1:07:06right uh and you don't know how long
- 1:07:09that had been
- 1:07:12no your and so your plan and your
- 1:07:15conclusions
- 1:07:17are based on the conditions that you
- 1:07:19found when you were there
- 1:07:20and the items that had been recovered
- 1:07:22that was part of the plan as well
- 1:07:24it's true isn't it that the prevailing
- 1:07:26wind
- 1:07:27in galveston is from the southeast
- 1:07:29correct
- 1:07:31exactly the opposite of the northern
- 1:07:35that you found when you went there
- 1:07:40correct that's all
- 1:07:42[Music]
- 1:07:43no thank you did the sweetness be
- 1:07:45excused yes
- 1:07:46your excuse sir thank you excuse me yes
- 1:07:50thank you
- 1:07:51you'll wait five minutes
- 1:07:54okay all right i'll give you that chance
- 1:07:58uh
- 1:07:58now because we're going to uh break to 1
- 1:08:0230.
- 1:08:02ladies and gentlemen do not converse
- 1:08:04among yourselves with anyone else on any
- 1:08:06subject
- 1:08:06make it with this case do not form or
- 1:08:08express any opinion on the case
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