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CA v Robert Durst Murder Trial Day 23 Randy Burrows Galveston Dive Team — Transcript

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  1. 0:00return mr durst is president
  2. 0:03with gary and mr chestnut
  3. 0:07the council of people are present led by
  4. 0:09david balian
  5. 0:10mr balian what uh what will he be
  6. 0:13presenting next
  7. 0:14the testimony of randall burroughs live
  8. 0:19a witness who's present yep
  9. 0:22all right you may call your witness
  10. 0:33we're doing the full spread today of
  11. 0:35reading stipulations video and live
  12. 0:42okay
  13. 0:52[Music]
  14. 0:53shall be the truth the whole truth and
  15. 0:55nothing but the truth
  16. 1:11burrows b-u-r-r-o-w-s
  17. 1:17may proceed thank you good morning good
  18. 1:19morning
  19. 1:20so what do you do for a living i retired
  20. 1:23from the galveston county sheriff's
  21. 1:24office as a lieutenant
  22. 1:26but now work part-time for the galveston
  23. 1:28county medical examiner's office as a
  24. 1:30death investigator
  25. 1:32for how long have you been retired and
  26. 1:34working as a death investigator
  27. 1:36i retired almost 11 years ago but i've
  28. 1:39been doing the death investigations
  29. 1:41part-time for about 15 years
  30. 1:45so let's go back to your work at the
  31. 1:47sheriff's office in galveston county
  32. 1:49what did you do there my last two years
  33. 1:52i was a lieutenant
  34. 1:54in charge of the marine division and
  35. 1:56dive team and patrol division
  36. 1:59before that i worked in investigations
  37. 2:03including narcotics homicide burglary
  38. 2:08robbery everything um
  39. 2:12when you uh worked for the sheriff's
  40. 2:15department
  41. 2:17how many years total was that 32 years
  42. 2:19and how many years
  43. 2:20in investigations
  44. 2:2428 did that include homicide
  45. 2:26investigations yes
  46. 2:28when you work currently for the medical
  47. 2:30examiner's office as the death
  48. 2:32investigator
  49. 2:32yes just very briefly what does that
  50. 2:34entail the
  51. 2:36death investigator for the medical
  52. 2:37examiner's office basically is the eyes
  53. 2:39and ears for the doctors that perform
  54. 2:41autopsies
  55. 2:42when the doctor sees the deceased it's
  56. 2:45laying on a table he has no idea or she
  57. 2:48has no idea
  58. 2:49what happened with this deceased person
  59. 2:51so we go to the scenes
  60. 2:53we process the scenes we photograph it
  61. 2:55we document we
  62. 2:57reports and so forth that way when the
  63. 2:59doctor gets our reports and sees the
  64. 3:01photographs
  65. 3:02has some idea of what happened on that
  66. 3:04scene
  67. 3:05do you have some basic training
  68. 3:08for that position in human anatomy yes
  69. 3:11have you
  70. 3:11um recovered body parts as part of that
  71. 3:16job function oh yes okay
  72. 3:19um i want to talk about your dive
  73. 3:23experience
  74. 3:24you've mentioned something about for two
  75. 3:26years you were you did something with
  76. 3:27diving what is that
  77. 3:28well i was a commander of the dive team
  78. 3:31a marine division and dive team for the
  79. 3:32last two years but i was part of the
  80. 3:34dive team and the dive team leader
  81. 3:36for about 10 years with the sheriff's
  82. 3:38office so
  83. 3:39let's talk about what the dive team is
  84. 3:41what the dive team at the sheriff's
  85. 3:43office in galveston county what are they
  86. 3:44responsible for
  87. 3:45the dive team is actually responsible
  88. 3:47for
  89. 3:48tributaries galveston bay and anywhere
  90. 3:52we're assigned to go
  91. 3:53bodies of water where items get thrown
  92. 3:56in there that don't belong there
  93. 3:58and it's our job to go in there and make
  94. 4:00a recovery and
  95. 4:01process that is potential evidence and
  96. 4:04get it out of the water
  97. 4:06so i'm not going to limit you
  98. 4:07specifically to your work
  99. 4:09on the dive team with the sheriff i just
  100. 4:11want to know in general
  101. 4:13what's your diving experiences when did
  102. 4:14you start diving
  103. 4:16i started diving back in the 80s in the
  104. 4:19mid 80s
  105. 4:20and that's when we
  106. 4:23started informally
  107. 4:27diving recreationally diving and so
  108. 4:28forth and formed a
  109. 4:30definite team and have you received
  110. 4:33training to dive
  111. 4:34oh yes is there specific training you've
  112. 4:36had in terms of searching
  113. 4:38in terms of a diver well yeah i was
  114. 4:40actually
  115. 4:41an instructor and taught diving
  116. 4:44both recreational and public safety
  117. 4:46diving and for
  118. 4:47how many years did you teach oh
  119. 4:53another 10 10 11 years and when you say
  120. 4:56public safety diving what does that
  121. 4:57encompass public safety diving is just
  122. 4:59that it's that's
  123. 5:00what dive teams are supposed to do
  124. 5:03that's public safety diving as opposed
  125. 5:04to recreational diving which is
  126. 5:06going out and looking at lovely fish and
  127. 5:09corals and stuff
  128. 5:10uh public sector diving is diving in
  129. 5:11water that most people don't want to go
  130. 5:13in
  131. 5:14do you do that too recreational dive oh
  132. 5:16absolutely
  133. 5:17um is there any recreational diving
  134. 5:19going on in in the gulf of me
  135. 5:21in galveston bay i'm not in galveston
  136. 5:23back now okay
  137. 5:25um so
  138. 5:30i'm going to take you back well before i
  139. 5:32do that how many dives do you think
  140. 5:33you've
  141. 5:34successfully completed
  142. 5:38thousands how about searches
  143. 5:42uh diving searches
  144. 5:46uh if i logged every one of them i'd be
  145. 5:48doing several
  146. 5:49dive books but uh 500 or so at least
  147. 5:53okay and when you say you were
  148. 5:56on the their head of the dive team for
  149. 5:58the sheriffs in galveston
  150. 6:00i want to take you back to the year
  151. 6:022001. how many people were on that dive
  152. 6:04team
  153. 6:06um that particular i think we had seven
  154. 6:09seven on our team
  155. 6:10okay and you were the head of that team
  156. 6:12yes
  157. 6:14as the head of the team did you
  158. 6:15coordinate the dives and figure out
  159. 6:17exactly what was going to happen yes
  160. 6:19plan the dives
  161. 6:20were you present during the dives yes
  162. 6:22did you give instructions on what each
  163. 6:23person's part would be
  164. 6:25yes did you participate in the dive yes
  165. 6:27all right
  166. 6:29so i'm going to take you back to um
  167. 6:34this case the case of the recovered body
  168. 6:37parts remorse black and galveston you're
  169. 6:39familiar with what i'm talking about
  170. 6:40yes and did you um
  171. 6:43become involved in this case i did also
  172. 6:47the original call came to the galveston
  173. 6:50police department
  174. 6:51their dive team was dispatched and
  175. 6:53realized that the scene was
  176. 6:55relatively large area so they called the
  177. 6:58sheriff's office for assistance
  178. 7:00which is commonplace i mean we work
  179. 7:02together all the time in these dive
  180. 7:03scenes because
  181. 7:04more people is better as far as that
  182. 7:07goes
  183. 7:08and when you arrive um had
  184. 7:11body parts had you been informed that
  185. 7:12body parts had already been recovered
  186. 7:14from the water
  187. 7:15yes all right those were already removed
  188. 7:17by the time you got there
  189. 7:19i think there were some that were still
  190. 7:20in that had not been removed from the
  191. 7:22scene so i got to look at where they
  192. 7:24were where they washed up and so forth
  193. 7:25but
  194. 7:26some of them had already been removed
  195. 7:28all right and was it just yourself or
  196. 7:29did you have your entire dive team there
  197. 7:31oh the whole team was there
  198. 7:33and was it just the sheriff's dive team
  199. 7:35that was involved in this particular
  200. 7:37search or was their other dive team no
  201. 7:40it was the
  202. 7:40sheriff's department dive team who was
  203. 7:42assisting the galveston police
  204. 7:44department dive team
  205. 7:45okay and the galveston police department
  206. 7:47had their own separate and distinct dive
  207. 7:48team
  208. 7:49yes how many people approximately were
  209. 7:51on scene from galveston dive team
  210. 7:53oh uh eight or nine maybe ten
  211. 7:57okay and were you at some point
  212. 8:00told what in particular you were looking
  213. 8:03for
  214. 8:04oh yes what were you told we were
  215. 8:07looking for any any pieces of evidence
  216. 8:08but also
  217. 8:09the head okay a human head yes all right
  218. 8:13so did you first of all let's describe
  219. 8:15this area where this
  220. 8:17search took place could just briefly
  221. 8:19describe
  222. 8:20for this jury what this body where this
  223. 8:22body of water is in relation to
  224. 8:24galveston island
  225. 8:26galveston bay is
  226. 8:30the area between galveston island and
  227. 8:33the mainland
  228. 8:34of galveston county it is
  229. 8:38has ship channels uh the texas city ship
  230. 8:41channel the houston ship channel
  231. 8:43and the intracoastal waterway but it
  232. 8:46also
  233. 8:46is is an area of recreational use for
  234. 8:50fishermen and so forth that is
  235. 8:52north of galveston island but south of
  236. 8:55the mainland
  237. 8:56if that makes sense so this is part of
  238. 8:58the gulf of mexico
  239. 9:00it's attached to the gulf of mexico okay
  240. 9:02and it's called galveston bay
  241. 9:03yes all right so you have galveston
  242. 9:05island
  243. 9:06and then you have mainland texas and
  244. 9:08there's a body of water that separates
  245. 9:10the two of them correct
  246. 9:11and that's the the galveston bay yes
  247. 9:13okay
  248. 9:14and in particular which side of the
  249. 9:16island were you guys searching
  250. 9:17we were on the north in north side of
  251. 9:20the island
  252. 9:21uh in the bay proper
  253. 9:25between the mainland and galveston
  254. 9:27island
  255. 9:28north north shore of galveston island
  256. 9:30i'm going to show you
  257. 9:31page one of what's been marked as
  258. 9:33people's 184.
  259. 9:36do you recognize that area in that
  260. 9:37photograph i do and is this the north
  261. 9:40side of the island that you searched
  262. 9:41yes do you see that red circle on this
  263. 9:44yes
  264. 9:44and in particular is that the um the
  265. 9:47area
  266. 9:48that you were asked to search yes okay
  267. 9:52i'm showing you what's in mark as photo
  268. 9:55two
  269. 9:55page two on people's 184. it's just
  270. 9:59another view of that same particular
  271. 10:00area
  272. 10:01yes okay so
  273. 10:05before we talk about your search i just
  274. 10:06want to ask you a few questions
  275. 10:08about what the water conditions are like
  276. 10:10in this area um
  277. 10:12let's start first with um
  278. 10:15water movement water the movement of
  279. 10:17water currents
  280. 10:18whatever you want what's the proper term
  281. 10:20well there's there's
  282. 10:22water movement can be determined as far
  283. 10:24as currents and wave action
  284. 10:26and tidal flow okay so what's the water
  285. 10:30movement
  286. 10:30like in this particular area on the
  287. 10:32north side of galveston island
  288. 10:34where this body of water you searched
  289. 10:36was
  290. 10:39the movement of the water basically
  291. 10:40depends on on the wind direction
  292. 10:44and also the amount of tide uh
  293. 10:48that is rising and falling
  294. 10:52um it all depends on what time of year
  295. 10:56and so forth
  296. 10:57so compared to the um
  297. 11:00say you know you go to an area where
  298. 11:03there's a beach area
  299. 11:04and um you see waves on the beach with
  300. 11:07something someone would typically
  301. 11:08experience
  302. 11:09is the movement of water like that in
  303. 11:10this area in galveston bay
  304. 11:13no it's pretty much along the shore it's
  305. 11:15pretty much
  306. 11:16uh based on wind
  307. 11:19wind currents as far as moving that
  308. 11:21water towards the shore or away from the
  309. 11:23shore okay so are you saying for the
  310. 11:24most part
  311. 11:26the movement of water in this particular
  312. 11:28area
  313. 11:29uh is dependent on the wind conditions
  314. 11:31yes
  315. 11:32um is it your testimony that based on
  316. 11:35your experience
  317. 11:37how many times have you done dovan and
  318. 11:40galveston bay in this particular area in
  319. 11:41that particular area
  320. 11:43that day was the only time we dove in
  321. 11:44that area um
  322. 11:46but i've dove in galveston bay
  323. 11:50hundreds of thousands almost 500 or so
  324. 11:52times
  325. 11:53okay and in galveston
  326. 11:56bay is the movement of the water
  327. 11:59depending on
  328. 12:00the wind conditions
  329. 12:03or is it more this particular area on
  330. 12:05the north side of this island that's
  331. 12:06difficult to say
  332. 12:07for in that particular instance the the
  333. 12:10movement of the water was not that great
  334. 12:12because
  335. 12:12but it was because of the wind direction
  336. 12:14however there are certain times
  337. 12:16when currents can be generated from
  338. 12:19outflow
  339. 12:20from from a lot of rain coming out of
  340. 12:22the trinity river or from any
  341. 12:24of the other and then also tidal tidal
  342. 12:26movements out
  343. 12:27in the channel area but along that area
  344. 12:30right there at that particular time it
  345. 12:32was all wind generated
  346. 12:33let's talk about this particular area
  347. 12:36that you searched
  348. 12:37on this particular time period you
  349. 12:38searched were you um
  350. 12:40on galveston island at this period of
  351. 12:42time in the days the days surrounding
  352. 12:44the search
  353. 12:45yes and so i want to talk about from
  354. 12:47september 28th
  355. 12:48to the day you searched are you familiar
  356. 12:50with what the weather and wind
  357. 12:52conditions
  358. 12:52and water conditions were in this area
  359. 12:54at those at that particular time
  360. 12:56yes okay what was it we had a northern
  361. 12:59blow through and
  362. 13:00the wind was actually coming out of the
  363. 13:01north blowing from
  364. 13:03north to south which was blowing into
  365. 13:05the into the shoreline so the waves that
  366. 13:07were being generated
  367. 13:08were actually coming towards the
  368. 13:09shoreline so at that particular
  369. 13:12time from the 28th of september to the
  370. 13:14time when you searched
  371. 13:15if you were standing if you look at the
  372. 13:17exhibit that's on the screen that you
  373. 13:18were previously shown
  374. 13:20if you're standing on that um let's just
  375. 13:23take that
  376. 13:24concrete bulkhead that's sticking out
  377. 13:26the end of that
  378. 13:27um landmass do you see that yes
  379. 13:30you're standing at the end of that
  380. 13:32concrete bulkhead and you're
  381. 13:34with your back to the land and your face
  382. 13:36to the ocean
  383. 13:37which way would the wind be blowing
  384. 13:38blowing right in my face
  385. 13:40okay so then which way was the water
  386. 13:43movement
  387. 13:44in this particular area during that
  388. 13:46period of time from the 28th of
  389. 13:47september
  390. 13:48when you serve towards the shore so
  391. 13:52let's say a kid went out there and threw
  392. 13:54a
  393. 13:55toy boat in the water at the end of that
  394. 13:58concrete bulkhead
  395. 13:59then which direction would that toy boat
  396. 14:01it's going to come towards the shore
  397. 14:03okay any doubt about that no doubt okay
  398. 14:05and what about something that
  399. 14:07sunk to the bottom in that particular
  400. 14:09area if you hooked it out there
  401. 14:11at that period of time if that if it's
  402. 14:13light enough to be able to move on the
  403. 14:15bottom which way is it going to move
  404. 14:17well it's going to go towards the shore
  405. 14:18but if it if it sinks to the bottom it's
  406. 14:21probably going to stay pretty close to
  407. 14:22where it sunk to the bottom okay so are
  408. 14:24you saying there's more
  409. 14:25movement of the water at the surface
  410. 14:27than at the bottom in this particular
  411. 14:28yes so then the wind
  412. 14:31affects the movement of the surface of
  413. 14:32the water but uh down towards the bottom
  414. 14:35it doesn't move as much right and of
  415. 14:36course as deeper
  416. 14:37deeper as you go the less effect from
  417. 14:39the wind is going to have okay but so
  418. 14:41close to shore where it's very shallow
  419. 14:43you're going to have more
  420. 14:44effect but if you're in the deeper water
  421. 14:46say five or six feet
  422. 14:48you're not going to have wind affect the
  423. 14:50movement of the
  424. 14:51of the object so if something in this
  425. 14:53period of time from the 28th forward
  426. 14:55to when you searched was thrown and did
  427. 14:58sink
  428. 14:58and if there was enough movement at the
  429. 15:01bottom wherever it was to move it which
  430. 15:03direction would it get moved it's going
  431. 15:04to go to the shore go towards shore
  432. 15:07any doubt about that no doubt so we've
  433. 15:10talked about the water conditions
  434. 15:12in terms of movement of the water and
  435. 15:15the wind conditions
  436. 15:16can you describe for the jury what's the
  437. 15:18visibility like in this particular area
  438. 15:20the water visibility well as you can see
  439. 15:23from that picture
  440. 15:25it's not very clear
  441. 15:28we as divers we're referred to
  442. 15:32as mud divers we're referred to as
  443. 15:34chocolate milk divers
  444. 15:36because every bit of the water in
  445. 15:37gauss's bay that we dive in is zero
  446. 15:39visibility
  447. 15:40you can't see anything with your eyes
  448. 15:43it's all done with your hands
  449. 15:45okay so this is not a recreational
  450. 15:46diving area no not at all
  451. 15:48all right let's talk about the bottom
  452. 15:51underneath the water
  453. 15:52you walk out there what's the bottom
  454. 15:54line
  455. 15:55it's going to be mostly sand after all
  456. 15:58galveston island is a barrier island so
  457. 16:01it's predominantly sand
  458. 16:03but as the water
  459. 16:06doesn't move it's going to have a it's
  460. 16:08going to build up some silty
  461. 16:10characteristics
  462. 16:11but it's predominantly sand and is this
  463. 16:15soft packed sand hard packed sand if i'm
  464. 16:17walking out there what's it going to
  465. 16:18feel like it's pretty hard i mean you
  466. 16:19may sing down a couple inches but it's
  467. 16:21not it's not like it's waiting in the
  468. 16:22mud
  469. 16:24it's uh you're you're you're it's pretty
  470. 16:25firm
  471. 16:27and is there a rocky aspect to it along
  472. 16:30the shoreline yes
  473. 16:31those are those rocks that are there
  474. 16:33that were there are actually
  475. 16:35placed there by man-made or by by man
  476. 16:38they weren't
  477. 16:42there naturally
  478. 16:54so i'm showing you what's been marked as
  479. 16:57page 21
  480. 16:59of this same exhibit 184.
  481. 17:02is this a picture um a little tide of
  482. 17:05the same exact
  483. 17:06area that we're talking about where you
  484. 17:07search yes yes
  485. 17:09and you see how near the near the edges
  486. 17:12towards the concrete surface sides
  487. 17:15there are some rocks yes there yes and
  488. 17:18then the rest of it
  489. 17:19appears to be sand is this fairly
  490. 17:22inaccurately depict what you're talking
  491. 17:24about
  492. 17:24absolutely yes in terms of the bottom
  493. 17:27yes
  494. 17:27absolutely okay so if it's full of water
  495. 17:31and i'm walking out there
  496. 17:32you say my feet might sink a short
  497. 17:34amount yeah a couple inches you know
  498. 17:36probably
  499. 17:37you're going to hit something solid
  500. 17:38solid sand and is it
  501. 17:41like i've been to the beach and walked
  502. 17:43around on the beach not in the water
  503. 17:47and are we talking like that soft of
  504. 17:49sand or more firm
  505. 17:52um well the beach in galveston is
  506. 17:55different than a beach in california
  507. 17:57okay so which one would i rather go to
  508. 18:00okay i can tell you california
  509. 18:06we go ahead that yeah
  510. 18:09it's it's firm sand it's a it's a
  511. 18:12not a white sand by any means but it's
  512. 18:14uh
  513. 18:15it's not powder so if something sinks to
  514. 18:18the bottom
  515. 18:21let's how heavy does it have to be in
  516. 18:23order to sink completely into the sand
  517. 18:25where you're not going to see it anymore
  518. 18:26in this particular area it it would take
  519. 18:30it a long while to sink to the
  520. 18:31sink below the surface of the sand
  521. 18:35have you um have you
  522. 18:38you said you've recovered body parts
  523. 18:40before have you ever been involved in
  524. 18:42investigation where a human head was
  525. 18:44recovered yes
  526. 18:45and are you familiar as part of your
  527. 18:47investigation with the coroner's office
  528. 18:49you're familiar with the characteristics
  529. 18:50of a human head
  530. 18:51yes and the weight of a human head yes
  531. 18:54if the human head
  532. 18:55was thrown into water um would it float
  533. 18:58or sink from your
  534. 19:00sink it's gonna sink okay is that
  535. 19:02because there's not a lot of
  536. 19:03cavity areas to hold air correct okay um
  537. 19:07if a human head was thrown in this area
  538. 19:09and sunk to the bottom
  539. 19:11given your experience the weight of this
  540. 19:13head would it sink below the sand so you
  541. 19:15couldn't see it
  542. 19:16no no any chance of that no it's
  543. 19:19going to be right there okay
  544. 19:26so how deep now let's talk about the
  545. 19:29depth
  546. 19:29how deep is the water out in this
  547. 19:31particular area well you can see from
  548. 19:32that picture right there
  549. 19:34uh that's right there along the
  550. 19:35shoreline inches deep but as you go out
  551. 19:39it has a gradual grade
  552. 19:41that would go out probably at the end of
  553. 19:43the pier
  554. 19:44we may be looking at four to five feet
  555. 19:47and then
  556. 19:47farther out you may get to seven feet
  557. 19:51so would you describe this as a very
  558. 19:52deep area no not at all
  559. 19:56um showing you what page two of the same
  560. 19:59exhibit
  561. 20:01so you're saying as you get to end of
  562. 20:03that that
  563. 20:05concrete extension on the left i'm
  564. 20:06calling it a concrete bulkhead you
  565. 20:08understand what i'm referring to yes i
  566. 20:09do
  567. 20:10and uh as you get to the end of that
  568. 20:13it's maybe how many feet deep uh four to
  569. 20:15five feet
  570. 20:15okay and to the right of that
  571. 20:18you see the protrusion there it looks
  572. 20:21like some sort of a
  573. 20:22rocky i do okay is that like a
  574. 20:26what would how would you describe that
  575. 20:27was a collapsed fishing pier okay
  576. 20:30again same depth in that whole area yes
  577. 20:33so when you say you search this area as
  578. 20:35a diver
  579. 20:37how i mean you're not going down very
  580. 20:39deep diving no
  581. 20:40no not at all okay
  582. 20:45all right so i'd like to talk about what
  583. 20:47you did
  584. 20:48what what were your responsibilities in
  585. 20:50terms of this search
  586. 20:52well the we divided the the entire crime
  587. 20:56scene up
  588. 20:57uh into two sections uh one section the
  589. 21:00galveston sheriff's office dive team
  590. 21:02is going to search and the other section
  591. 21:03the galveston police department dive
  592. 21:04team is going to search
  593. 21:06now that being said both of our teams
  594. 21:08are trained the same
  595. 21:10strictly because we work together so
  596. 21:12much so we all went through the same
  597. 21:14training
  598. 21:14that way if if they were short a dive or
  599. 21:17one of my divers could just step
  600. 21:19right in and we actually even use the
  601. 21:21same type of equipment
  602. 21:23that way it's all interchangeable so if
  603. 21:26we get a bigger scene that we could all
  604. 21:28work together
  605. 21:29as one scene as one unit but this
  606. 21:32particular time we divided it up into
  607. 21:33two
  608. 21:34like i said the galveston police
  609. 21:35department team dove to the
  610. 21:39left of that
  611. 21:42pier so are you um talking about this
  612. 21:45area here yes
  613. 21:46they dove to the left and towards shore
  614. 21:49okay how far how far south to towards
  615. 21:52the shore they
  616. 21:53all wait till the water was like inches
  617. 21:55deep where you could see what was on the
  618. 21:56bottom okay
  619. 21:58and how far out were they searching from
  620. 22:00about
  621. 22:0120 yards past the end of that pier okay
  622. 22:04and so they searched the whole area
  623. 22:06about 20 yards
  624. 22:08to the left of this pier well
  625. 22:11they actually went out farther going to
  626. 22:12the left of the pier they went out
  627. 22:14probably uh 75 to 100 feet
  628. 22:18and that's what our ropes are set at
  629. 22:22outside the pier but towards the north
  630. 22:25they only went out about 20 yards
  631. 22:27i'll say when you say the north the
  632. 22:28north beyond the north yes
  633. 22:30okay towards the open water
  634. 22:34correct okay and which area was your
  635. 22:37team responsible for
  636. 22:38we were responsible for the area between
  637. 22:41the two piers
  638. 22:42uh we we uh searched that area
  639. 22:45uh and actually some we actually went
  640. 22:48around that
  641. 22:49here on the right a little bit too but
  642. 22:51uh we searched out into the more open
  643. 22:53water
  644. 22:54beyond the piers how far out beyond the
  645. 22:56piers did you guys go
  646. 22:58um 20 30 40 yards something along that
  647. 23:01line
  648. 23:03so as a leader of the dive team and with
  649. 23:08the background training and experience
  650. 23:09that you have
  651. 23:11did you search an area that you deemed
  652. 23:13sufficient given the wind and water
  653. 23:15conditions at the time
  654. 23:16given what object you knew you were
  655. 23:18looking for yes okay
  656. 23:20in other words why didn't you go further
  657. 23:21out towards the open water
  658. 23:23wouldn't have been out there okay if it
  659. 23:25had been thrown out there and moved
  660. 23:26which direction would it have moved move
  661. 23:28towards the shore
  662. 23:28and you searched the entire area from 20
  663. 23:31to 30 yards out past those piers
  664. 23:33all the way into the shore correct and
  665. 23:35you searched that entire area between
  666. 23:37those two piers
  667. 23:37yes and you searched around that smaller
  668. 23:40pier well the other team did yes
  669. 23:42oh the smaller pier yes you're right and
  670. 23:43the other team searched the area
  671. 23:45i'm looking at this photograph to the
  672. 23:46left of the larger pier yes
  673. 23:48okay were you satisfied based on your
  674. 23:51background training experience
  675. 23:54that in total this entire area that was
  676. 23:56searched was sufficient
  677. 23:58to find what you were looking for yes
  678. 24:02so describe the search you can't see
  679. 24:04down there so what are you doing
  680. 24:06basically everything's done by feel uh
  681. 24:09the uh
  682. 24:10the diver is crawling along the bottom
  683. 24:13and is it is feeling the feeling the
  684. 24:16objects are on the bottom and anytime he
  685. 24:18runs into something he
  686. 24:20tries to identify it and in this
  687. 24:22particular case if it's something that
  688. 24:25maybe a rock that's the appropriate size
  689. 24:26he could actually stand up and look at
  690. 24:28it
  691. 24:28because it was that shallow but for the
  692. 24:31most part
  693. 24:32they're swimming are crawling along the
  694. 24:34bottom feeling the bottom to see what
  695. 24:36they can find
  696. 24:36so you're you could stand up out of the
  697. 24:38water oh yes yeah
  698. 24:39for the most part it's like four or five
  699. 24:41feet right there now as we got deeper we
  700. 24:43couldn't
  701. 24:43as we got deeper are you using like
  702. 24:45snorkels or do you have diapers no we
  703. 24:46full
  704. 24:46full dye gear okay so you're able to
  705. 24:48just focus your efforts on your search
  706. 24:50and not worry about breathing
  707. 24:51correct okay i mean not that you're not
  708. 24:53worried about breathing but
  709. 24:55you weren't deep enough to get the bends
  710. 24:56right you didn't no time your dives
  711. 25:00okay so um how do you know uh
  712. 25:03do you take any precautions to make sure
  713. 25:05you know you're searching every square
  714. 25:06inch
  715. 25:07absolutely what do you do well we we use
  716. 25:10primarily in a situation like this
  717. 25:12what's called a tether system
  718. 25:14the the diver his sole responsibility
  719. 25:17is to swim along the line he's got a
  720. 25:19tether that comes back to the shore
  721. 25:21that tender that that hells the
  722. 25:25he's the anchor that holds on to the
  723. 25:26line he controls where that diver
  724. 25:28searches
  725. 25:29so that diver is swimming along an arc
  726. 25:32uh
  727. 25:33from starting for example inside the the
  728. 25:36bulkhead there if he
  729. 25:37he's standing right there on the where
  730. 25:39the water meets the uh the shore right
  731. 25:41there
  732. 25:42he's standing right there he's
  733. 25:43controlling the diver who's swimming in
  734. 25:45an ark
  735. 25:46swimming away and out into deeper water
  736. 25:49so when he gets to the end the diver
  737. 25:51stops or the tender stops him he
  738. 25:53lets a little line out comes back along
  739. 25:56the
  740. 25:57along the line and stops it when it gets
  741. 25:58to the shore lets a little more line out
  742. 26:01and you do that all the way out and once
  743. 26:03you've completed the distance that we're
  744. 26:05looking for
  745. 26:06you then move the tender to another
  746. 26:09location
  747. 26:10and start the process over again
  748. 26:12overlapping a lot of the area that's
  749. 26:14already been searched
  750. 26:15which is the which is the main reason we
  751. 26:16do that let me ask you
  752. 26:18so i just know
  753. 26:23tetherball have you ever played
  754. 26:24tetherball sure okay so
  755. 26:26tetherball's got like a metal pole in
  756. 26:28the middle and there's a rope attached
  757. 26:29to it with the ball at the end
  758. 26:31and you hit the ball and it the goal is
  759. 26:33to try to get the circle to pull
  760. 26:35so there's no more rope right right okay
  761. 26:37so the pole in the tetherball example
  762. 26:40would that be
  763. 26:40the person you're describing as the
  764. 26:42tender yes okay
  765. 26:44so the tenders at this the end of the
  766. 26:45rope controlling how far that
  767. 26:48that diver is going to be out would the
  768. 26:50diver be the ball in my example
  769. 26:52yes okay and so as the divers at the end
  770. 26:54of the rope
  771. 26:57in my tetherball example would the diver
  772. 26:59be swimming back and forth
  773. 27:01at the as far as you can with the ropes
  774. 27:03allowing him yes
  775. 27:04and when he does that complete arch with
  776. 27:07the
  777. 27:07the pole person what's the whole person
  778. 27:09called the tender the tender would the
  779. 27:10tender let out
  780. 27:11a little more rope and say okay swim
  781. 27:13that arc again yes you'll go back and
  782. 27:15forth again
  783. 27:16yes and then the tender would let out a
  784. 27:18little more rope and let him go back and
  785. 27:19forth
  786. 27:20again yes so is the diver
  787. 27:23continuing to swim back and forth in an
  788. 27:26arc and the arc gets larger and larger
  789. 27:28and larger until the entire area is
  790. 27:29covered
  791. 27:30correct and then you move the pull or
  792. 27:32the attention
  793. 27:33yeah move it to another location which
  794. 27:35we map it out and figure out where we're
  795. 27:37going to go
  796. 27:37and then you pull the rope in and bring
  797. 27:39the diver close start out start over
  798. 27:41again
  799. 27:41so the diver literally starts like right
  800. 27:43next to you going back and forth and
  801. 27:44then goes further and further out
  802. 27:46yes okay and you do that from enough
  803. 27:48points
  804. 27:49where you're going to cover this entire
  805. 27:50area yes
  806. 27:52and in fact from your testimony
  807. 27:55you're going to do it in a way that
  808. 27:57you're going to actually have a bunch of
  809. 27:58overlap so the same area may get covered
  810. 28:00more than one time correct
  811. 28:02and this was the procedure that you used
  812. 28:04for the area that your team searched
  813. 28:06yes and did you see the galveston team
  814. 28:08doing their search as well
  815. 28:09absolutely and did they follow the same
  816. 28:11protocols and use the same system
  817. 28:13yes all right by the way even though
  818. 28:16you're separate
  819. 28:18entities were you guys basically working
  820. 28:19as one coordinated team absolutely we
  821. 28:22yeah we were we know them we
  822. 28:25they know us we know them so we're
  823. 28:27interacting with each other the whole
  824. 28:28time
  825. 28:29okay and i assume then if their team had
  826. 28:31found
  827. 28:32a head you would know about it
  828. 28:33absolutely okay there'd be some kind of
  829. 28:35commotion and probably a lot everyone
  830. 28:37were going to want to go look right
  831. 28:38yes okay so
  832. 28:41when the diver the ball in my example
  833. 28:45is conducting their arc search they're
  834. 28:48literally
  835. 28:49like on prone position laid out feeling
  836. 28:51the bottom
  837. 28:52yes okay mostly with a sweeping motion
  838. 28:55with their with their hands
  839. 28:57feeling along the bottom are you
  840. 29:00confident based on your background
  841. 29:01training your experience and what you
  842. 29:03saw that day
  843. 29:04that all these areas you described were
  844. 29:06completely and thoroughly searched
  845. 29:08yes
  846. 29:11did you find a head no did the galveston
  847. 29:14team find the head
  848. 29:15no no one found a head that's correct
  849. 29:19if a head was dumped let's assume
  850. 29:22that these body parts were found
  851. 29:26between those two bulkheads you were
  852. 29:29told
  853. 29:30generally where these body parts were
  854. 29:31found oh yes okay
  855. 29:33and
  856. 29:37and assume someone threw those body
  857. 29:39parts off of that
  858. 29:41here on the left there first of all if
  859. 29:44they throw at the end of the pier
  860. 29:46the body parts could go either direction
  861. 29:48on from that pier yes
  862. 29:49they can go to the left or to the right
  863. 29:52yes yes they could
  864. 29:53if you're standing on that bulkhead you
  865. 29:54could throw some to the right some of
  866. 29:56the left
  867. 29:56sure okay were
  868. 30:00were you satisfied based on the search
  869. 30:03that you um
  870. 30:07like conducted if someone had thrown
  871. 30:11those body parts at the same spot at the
  872. 30:13same time
  873. 30:15with the head thrown in at the same spot
  874. 30:17at the same time
  875. 30:18would you have found the head absolutely
  876. 30:21you have any doubt about that no doubt
  877. 30:24so in your opinion was that head thrown
  878. 30:26in the same spot at the same time as
  879. 30:27those other body parts
  880. 30:28no any doubt about that whatsoever no
  881. 30:32because it would have been done there
  882. 30:33we'd have found it
  883. 30:35what about marine animals was there any
  884. 30:37marine animals that live in this bay
  885. 30:38area that could have carried that head
  886. 30:39away
  887. 30:40the only marine animals that might be
  888. 30:42there in that area would be
  889. 30:45blue crabs which are about the size of
  890. 30:48my hand
  891. 30:49at biggest they're not going to move
  892. 30:50ahead they may eat on it
  893. 30:53but they're not going to move it any any
  894. 30:55doubt about that
  895. 30:56no there's no giant crabs in galveston
  896. 30:58bay they're going to carry that
  897. 30:59head away despite the picture of the one
  898. 31:02on the front of guy does that was not
  899. 31:03the one caught in galveston bay
  900. 31:05okay what about like
  901. 31:09sharks are there sharks at this time in
  902. 31:12this area
  903. 31:13not an adversary now no
  904. 31:16maybe farther out in the channel and
  905. 31:18stuff but not in that
  906. 31:19that's too shallow for them to be up in
  907. 31:21there okay
  908. 31:22so do you have any doubt in your mind
  909. 31:24whatsoever based on what you
  910. 31:25did and what you saw that that head was
  911. 31:28not deposited in the
  912. 31:29well no doubt assuming it was
  913. 31:34it was not deposited at the same time
  914. 31:36with those other body parts
  915. 31:39any doubt about that it was not
  916. 31:42deposited in that area before we were
  917. 31:46there
  918. 31:47of course it's possible that somebody
  919. 31:50deposited all the stuff
  920. 31:51at one time and then ripped open one of
  921. 31:54the bags came back later and took the
  922. 31:55head
  923. 31:57it's possible that's pure
  924. 32:03that's possible okay that would be
  925. 32:04another explanation for not having a
  926. 32:06head there right
  927. 32:07before we got there yeah okay any other
  928. 32:09scenario where you can conceive of
  929. 32:11why that head would not be found
  930. 32:16um
  931. 32:19those two it was thrown and
  932. 32:22recovered and removed or it wasn't
  933. 32:25thrown at all
  934. 32:26okay um
  935. 32:36what about a slope is there a slope in
  936. 32:38that area like away from shore where the
  937. 32:40head could have rolled on the bottom
  938. 32:41away
  939. 32:42now it doesn't really
  940. 32:46it's a gradual gray to go down it's very
  941. 32:50it's it's not i wouldn't even call it a
  942. 32:53slope
  943. 32:54given your knowledge of a human head if
  944. 32:57it had been thrown in and sunk to the
  945. 32:58bottom
  946. 32:59would it have been in your search area
  947. 33:02yes
  948. 33:02it would have been there okay and you
  949. 33:04didn't find it did not find it
  950. 33:06thank you nothing further cross
  951. 33:08examination
  952. 33:44good morning mr burroughs i'm dick
  953. 33:45tagarin and i represent
  954. 33:47bob durst along with my co-counsel we've
  955. 33:50never met have we
  956. 33:51oh yes we have really well i've gone up
  957. 33:54against you many times in galveston
  958. 33:55county
  959. 33:58in other cases yes okay well
  960. 34:01maybe it's the mask probably probably
  961. 34:05and the hair too i had longer hair back
  962. 34:06then uh
  963. 34:08longer than that quite a bit longer
  964. 34:12okay um
  965. 34:18well now you got me thinking about
  966. 34:20trying to remember what case it was
  967. 34:22maybe we'll spend a little few minutes
  968. 34:24when the we don't waste the jury's time
  969. 34:26about that
  970. 34:28at any rate um
  971. 34:33how long had the bags been in the water
  972. 34:36if you know
  973. 34:38before you started your search i do not
  974. 34:40know
  975. 34:44you started your search on uh
  976. 34:47what day please
  977. 34:51uh it would be i guess september
  978. 34:55the 29th the evening that evening
  979. 34:59i believe 2001
  980. 35:08a long time ago i was going to look at
  981. 35:11the reports i thought it was the 30th
  982. 35:15so i think we can still wait it was up
  983. 35:18there
  984. 35:21and it was at night it was an evening
  985. 35:24yes
  986. 35:24okay uh do you know when
  987. 35:28the bags that contain the other body
  988. 35:32parts were found
  989. 35:37no they
  990. 35:37[Music]
  991. 35:40when i got the call to go out there
  992. 35:43the galveston police department was
  993. 35:44already on the scene and
  994. 35:46in fact the medical examiner was already
  995. 35:49there as well
  996. 35:51and those recoveries had been made
  997. 35:52before i got there
  998. 35:54uh if there's information that it was
  999. 35:57about six o'clock in the evening
  1000. 35:59when um the boy and his stepfather
  1001. 36:03discovered the torso would that be
  1002. 36:06consistent with what you know
  1003. 36:08sure all right so you were there
  1004. 36:13four to six hours after
  1005. 36:17the discovery of the bags right correct
  1006. 36:21and i take it that your search took
  1007. 36:24hours
  1008. 36:25very much so yeah into the next day into
  1009. 36:28the next morning
  1010. 36:31you have to answer
  1011. 36:37and you said that there was a norther
  1012. 36:40that had blown in
  1013. 36:41correct now we might have to explain
  1014. 36:44out here in california what a norther is
  1015. 36:48and maybe we even explain what a blue
  1016. 36:50norther is
  1017. 36:52um it's uh
  1018. 36:58cold air that comes down from the north
  1019. 37:02blowing toward the south is that a app
  1020. 37:05description fair yes
  1021. 37:07there's a saying in texas that there's
  1022. 37:09nothing but barbed wire fence between
  1023. 37:12there and the north pole you've heard
  1024. 37:15that haven't you i have
  1025. 37:17when did the norther blow in
  1026. 37:20i don't remember
  1027. 37:26you mentioned that the wind is
  1028. 37:29an influence on the movement of water
  1029. 37:33and there was a north wind at the time
  1030. 37:35you were there
  1031. 37:38i believe it says beginning at
  1032. 37:42200 hours that'd be eight o'clock right
  1033. 37:48sure i mean that's military time twenty
  1034. 37:51hundred hours twenty hundred hours is
  1035. 37:52eight o'clock
  1036. 37:53okay that p.m right
  1037. 37:57yes had to had the northern blown in
  1038. 38:00that day
  1039. 38:02when i got there that evening
  1040. 38:05and was looking and evaluating the scene
  1041. 38:07about what we were going to do
  1042. 38:09the wind was blowing in my face as i was
  1043. 38:12standing on the bulkhead
  1044. 38:14okay time factor i don't have a clue
  1045. 38:16what time it was
  1046. 38:17are there published tied and
  1047. 38:22current figures yes did you check those
  1048. 38:26no
  1049. 38:30and so we can understand that the
  1050. 38:32published
  1051. 38:33tied and current figures are done by the
  1052. 38:37uh some national uh federal agency
  1053. 38:42right sure they're done by but they're
  1054. 38:44also at a specific
  1055. 38:46location not that location they're done
  1056. 38:48for various locations like the entrance
  1057. 38:50to galveston bay
  1058. 38:51to the texas city dike to the entrance
  1059. 38:54to clear lake
  1060. 38:55these areas like this but not at that
  1061. 38:57specific location so they're going to be
  1062. 38:58off by a few hours
  1063. 39:01but there are multiple locations where
  1064. 39:02those measurements are taken and
  1065. 39:04recorded and reported
  1066. 39:05yes and there are also
  1067. 39:11[Music]
  1068. 39:12forecasts as to the tides and currents
  1069. 39:15right correct and you did not check
  1070. 39:18those either i did not
  1071. 39:23so um
  1072. 39:26were you aware that
  1073. 39:29bags either containing
  1074. 39:33body parts or evidence
  1075. 39:36were found along on both sides of that
  1076. 39:41concrete pier yes
  1077. 39:45and that one set of bags in particular
  1078. 39:49three bags were found some 500
  1079. 39:55feet or 500 paces away from where the
  1080. 39:58torso was found
  1081. 40:01okay were you aware of that no
  1082. 40:06is it correct that there were bags that
  1083. 40:08were
  1084. 40:09found on both sides of the pier
  1085. 40:12that we're looking at yes all right
  1086. 40:17and were you aware that there was a set
  1087. 40:19of bags
  1088. 40:20three that appeared to be have been in
  1089. 40:23each other
  1090. 40:24that were empty
  1091. 40:27of body parts at the time i was not
  1092. 40:31aware
  1093. 40:32but i am now okay you've been made aware
  1094. 40:35of it at some point
  1095. 40:36when were you made aware of that oh
  1096. 40:39gosh a number of years ago but it was
  1097. 40:42somewhat after though
  1098. 40:43i mean it was
  1099. 40:47i guess it would have been before the
  1100. 40:50trial
  1101. 40:51in galveston
  1102. 40:55all right um now you did not testify in
  1103. 40:59the trial and galveston did correct
  1104. 41:01were you did they tell you you weren't
  1105. 41:04going to testify because they found some
  1106. 41:05empty bags
  1107. 41:07no the empty bags had
  1108. 41:12tears in them or slits in them
  1109. 41:15that were from two and a half to three
  1110. 41:17feet big did you know that i had heard
  1111. 41:20that yes
  1112. 41:22if one of those bags or if they were
  1113. 41:25concentric that is
  1114. 41:26one bag inside another bag inside
  1115. 41:28another bag and they had they all had
  1116. 41:30those
  1117. 41:31that sled in it if the head had been in
  1118. 41:34in that that would be plenty of room for
  1119. 41:37a head to come
  1120. 41:38out of the bag wouldn't it depends on
  1121. 41:41how long the slits were i mean
  1122. 41:43two and a half to three feet i'd have to
  1123. 41:44have to look at i'd have to
  1124. 41:47i can't make a decision based sorry i
  1125. 41:48can't make a decision based on your
  1126. 41:50description
  1127. 41:51okay well let me tell you that we've
  1128. 41:53stipulated that we've agreed
  1129. 41:55right before you testified that the
  1130. 41:58slits in those bags
  1131. 42:00were from two and a half to three feet
  1132. 42:03two and a half to three feet i'm
  1133. 42:06just guessing with my hands right now
  1134. 42:09that's plenty big enough for a
  1135. 42:11head to come out of that bag right okay
  1136. 42:15is it i guess it's possible
  1137. 42:26now the wind is one
  1138. 42:30factor in the movement of the water but
  1139. 42:31tides are also a factor in movement of
  1140. 42:34water
  1141. 42:34right correct and
  1142. 42:37uh as a long-time galveston resident you
  1143. 42:40know that
  1144. 42:42the tides uh can be several feet
  1145. 42:47that is raising and lowering of the
  1146. 42:50water several feet
  1147. 42:51oh in extreme circumstances yes but for
  1148. 42:54the most part
  1149. 42:55the the tidal flow is not more than a
  1150. 42:59foot foot and a half at the most
  1151. 43:03and the tides
  1152. 43:07operate several times a day don't they
  1153. 43:11in some cases yes well i mean there are
  1154. 43:15times that there's only one tied a day
  1155. 43:17in a 24-hour period okay did you check
  1156. 43:20to see how
  1157. 43:21many tides there had been that
  1158. 43:24day or preceding that day when you were
  1159. 43:27out there i did not
  1160. 43:29was the tide coming in or going out when
  1161. 43:31you were out there diving
  1162. 43:32i don't know or did it change while you
  1163. 43:35were there
  1164. 43:36it i don't i don't call
  1165. 43:44now the picture that's on the screen
  1166. 43:48what number is that
  1167. 43:59people's exhibit 184 okay
  1168. 44:02the picture's on the screen
  1169. 44:09that almost looks like blue water
  1170. 44:10doesn't it
  1171. 44:12yeah that's not what
  1172. 44:16that's not what the water in galveston
  1173. 44:17bay looks like
  1174. 44:19is it not routinely no know or
  1175. 44:22on that day
  1176. 44:26the water that we were in was was pretty
  1177. 44:29pretty muddy
  1178. 44:31and by pretty muddy you mean
  1179. 44:34maybe you can see an inch or so in front
  1180. 44:36of you not even that
  1181. 44:37not even that far not even that okay
  1182. 44:40so you're relegated to having to feel
  1183. 44:44yes the uh
  1184. 44:48the bottom of the water bottom
  1185. 44:51yeah the bottom yes and
  1186. 44:55it's true isn't it that galveston bay is
  1187. 44:58very large but it's also very shallow
  1188. 45:01for the most part yes and by very large
  1189. 45:03we're talking about
  1190. 45:04miles and miles across at places aren't
  1191. 45:07we correct
  1192. 45:08let me um if we can
  1193. 45:14got a couple of maps here let me make
  1194. 45:17sure that we can
  1195. 45:19mark these
  1196. 45:32i have a defendant's exhibit number
  1197. 45:36please ma'am
  1198. 45:59uh
  1199. 46:02charts as d
  1200. 46:06one two and three all right
  1201. 46:10so here's d1
  1202. 46:23i'm assuming you're familiar with
  1203. 46:25nautical charts
  1204. 46:27i am and does that appear to be a
  1205. 46:29nautical chart
  1206. 46:30of uh galveston island uh
  1207. 46:33part of galveston bay which would be
  1208. 46:37the beginning of the east bay and uh
  1209. 46:45well is that what that is yes all right
  1210. 46:50now the area where you searched
  1211. 46:55is uh toward uh
  1212. 46:59the north side of galveston island
  1213. 47:03about can you point to it on that
  1214. 47:07screen i think it is about in here isn't
  1215. 47:10it
  1216. 47:10no that's uh
  1217. 47:14tell me where to move the pin
  1218. 47:20that could be where the causeway is it
  1219. 47:22move farther to your right and
  1220. 47:24up right up right around and there i
  1221. 47:26believe
  1222. 47:27okay yeah right there all right
  1223. 47:35i'm just going to put a circle around
  1224. 47:37that general area
  1225. 47:42is that about correct i believe so yes
  1226. 47:45all right
  1227. 47:50now of that area
  1228. 47:54you searched of course we don't have a
  1229. 47:56scale here
  1230. 47:57uh you searched uh as much as
  1231. 48:01uh 75 to 100 feet out from
  1232. 48:05the shoreline yes but no further
  1233. 48:08no and
  1234. 48:17so what's
  1235. 48:21what's out here that's pretty much all
  1236. 48:24open
  1237. 48:25water um a lot of fishermen like to go
  1238. 48:29out in there and
  1239. 48:30drift fish
  1240. 48:34and there's actually another channel
  1241. 48:37farther obviously where it says 6.9 5.9
  1242. 48:39that's an old channel
  1243. 48:41that comes into this where pier 77
  1244. 48:44channel is right there so that's
  1245. 48:46it's pretty much all open water it's
  1246. 48:47just shallow
  1247. 48:49okay in fact that open water
  1248. 48:52goes all the way up to uh
  1249. 48:56here's a this is um mark this is
  1250. 49:03d3
  1251. 49:07this is a little bit larger perspective
  1252. 49:12of the galveston bay area and galveston
  1253. 49:14island
  1254. 49:19where i'm pointing being galveston
  1255. 49:21island correct correct
  1256. 49:24and uh galveston bay being
  1257. 49:27this blue part that's uh that's east
  1258. 49:30galveston bay
  1259. 49:32and west galveston bay down toward the
  1260. 49:34west
  1261. 49:37is that actually this is west bay
  1262. 49:40here right east bay is up above
  1263. 49:43baltimore peninsula
  1264. 49:44uh-huh and galveston bay is right there
  1265. 49:47in the center
  1266. 49:48and goes up towards trinity bay and uh
  1267. 49:50up in that deeper that's all
  1268. 49:51that's all gallant bay complex right
  1269. 49:56so how many miles is it across let's
  1270. 49:59first
  1271. 49:59start across from where you did your
  1272. 50:02search
  1273. 50:03over to texas city that's probably the
  1274. 50:05closest
  1275. 50:06well where you're pointing that's
  1276. 50:08pelican island um
  1277. 50:10further down pelican is right here no
  1278. 50:12that's that's pelican island the search
  1279. 50:13area is farther down
  1280. 50:16right about where i'm pointing now uh
  1281. 50:19kinda but more to your left
  1282. 50:22well if you give may i have the
  1283. 50:26pointer i don't know if we've got a
  1284. 50:29point here
  1285. 50:31we got one will that work
  1286. 50:36she usually doesn't work on projection
  1287. 50:38all right
  1288. 50:43[Music]
  1289. 50:44perfect nice
  1290. 50:48that's that's why his face max says
  1291. 50:54put the element back up who wants the
  1292. 50:57other one too
  1293. 50:58oh you want the other one i'll show you
  1294. 51:00about where
  1295. 51:02are you referring to on the screen now
  1296. 51:05will be d3
  1297. 51:11zoomed out this area here is pelican
  1298. 51:13island
  1299. 51:14and this right this is where the
  1300. 51:16causeway goes across
  1301. 51:18to get to get to mainland to galveston
  1302. 51:20island so
  1303. 51:21just north of there around that g
  1304. 51:24i guess that's the jeep right about 70
  1305. 51:27is where we're talking about
  1306. 51:28okay and so my question was we see texas
  1307. 51:31city
  1308. 51:33here um
  1309. 51:36how far is it from where you were your
  1310. 51:39search area
  1311. 51:40to texas city several miles
  1312. 51:43uh i don't know exactly between three
  1313. 51:46and five miles yeah
  1314. 51:47several miles okay so we have that
  1315. 51:51perspective that
  1316. 52:03if the search area is where we've
  1317. 52:05circled
  1318. 52:06it's three to five miles across here
  1319. 52:09uh none of this is searched right
  1320. 52:12actually
  1321. 52:13this is the mainland right here yes this
  1322. 52:15is the railroad
  1323. 52:16bridge and crosses to galveston island
  1324. 52:20so however when you talk about from here
  1325. 52:22to the mainland there's a direct line
  1326. 52:24uh it's it's not going to be three to
  1327. 52:27five miles because the causeway is not
  1328. 52:28three to five miles long
  1329. 52:30but it's it's at least two miles per
  1330. 52:32hour maybe
  1331. 52:33four and a half miles
  1332. 52:38okay so you search
  1333. 52:42maximum 100 feet from the shore but
  1334. 52:46there's
  1335. 52:48a couple of miles several miles
  1336. 52:50depending on which direction you go
  1337. 52:52of open bay yes
  1338. 53:12huh
  1339. 53:35okay of course the this nautical map
  1340. 53:39doesn't have the
  1341. 53:40highways or roads
  1342. 53:44in galveston or in this neighborhood in
  1343. 53:46galveston or
  1344. 53:48any other road for that matter but
  1345. 53:52this brown area that's on the screen
  1346. 53:55that's all galveston island right
  1347. 53:57correct
  1348. 53:58in fact there's a blue area down here
  1349. 54:02that's just a bio or
  1350. 54:07what we call the bio
  1351. 54:10off its bio right that's correct and
  1352. 54:14here's another a little bit
  1353. 54:18more perspective
  1354. 54:21this will be d2
  1355. 54:30this is zoomed out a little bit uh
  1356. 54:34office bio is about where i'm pointing
  1357. 54:36here right
  1358. 54:37yes and that but
  1359. 54:40galveston island is on both sides of
  1360. 54:43office bible
  1361. 54:44yes and the search area again
  1362. 54:49was right here
  1363. 54:52correct mr garen has placed a circle on
  1364. 54:56them
  1365. 54:57he placed a circle on d three is that d2
  1366. 55:05or d3
  1367. 55:07that's d2 you're right sorry
  1368. 55:13okay so this gives us a little bit more
  1369. 55:15perspective
  1370. 55:16about the distance between the search
  1371. 55:20area and the rest of the bay
  1372. 55:22particularly the pro
  1373. 55:23the closest point of land would be
  1374. 55:27about where i'm pointing right okay
  1375. 55:31yeah that's that's at least the length
  1376. 55:33of the
  1377. 55:34causeway and the causeways two miles
  1378. 55:38[Music]
  1379. 55:40ah i don't know
  1380. 55:46okay
  1381. 55:54did you ever go um
  1382. 55:57how many days were you out there by the
  1383. 55:59way uh we was out there
  1384. 56:07day and a half okay did you ever go back
  1385. 56:11and try to go further out into the bay
  1386. 56:14no is there a
  1387. 56:18commercial fishing uh activity out in
  1388. 56:21the bay there
  1389. 56:22out in the bay yes and that's uh like
  1390. 56:25shrimp boats
  1391. 56:26yes shrimp boats generally drag nets
  1392. 56:30correct
  1393. 56:35and how close to the shore do those
  1394. 56:36shrimp boats get they are not varied
  1395. 56:38because it's too shallow for them
  1396. 56:41they'd be running the shrimp they'd be
  1397. 56:42running the shrimp boat of ground right
  1398. 56:45uh but then later out in the in the bay
  1399. 56:48there's five to seven feet
  1400. 56:52farther away from land yes they they i
  1401. 56:54mean you're looking probably
  1402. 56:57several hundred yards that they would
  1403. 56:59stay offshore which
  1404. 57:00quite honestly i've never seen a shrimp
  1405. 57:02boat there
  1406. 57:04and the uh there are several channels
  1407. 57:06that are cut through there
  1408. 57:08is that right yes channels that are
  1409. 57:10dredged
  1410. 57:12well they used to be not anymore the
  1411. 57:15i mean particularly the intercoastal
  1412. 57:17canal or the intercoastal waterway
  1413. 57:19the intercoastal is yes and that goes
  1414. 57:21all the way from
  1415. 57:27jacksonville florida to to uh
  1416. 57:30uh to the tip of texas in brownsville
  1417. 57:32doesn't it yes
  1418. 57:34big boats uh go on that
  1419. 57:37yeah that runs right here
  1420. 57:40right and there's also the houston ship
  1421. 57:44channel right correct and the texas city
  1422. 57:48ship channel right yes
  1423. 57:51and they those are uh channels that are
  1424. 57:54dug
  1425. 57:55uh dredged to
  1426. 57:58depth enough for large boats
  1427. 58:02ships to use them right yes
  1428. 58:06to 40 feet 50 feet
  1429. 58:09no the i'm trying to remember what the
  1430. 58:12what the it's been so long
  1431. 58:16they're they're dredged
  1432. 58:20to a certain depth and i can't remember
  1433. 58:21what it is but it's it's probably
  1434. 58:2325 feet or so because there's there
  1435. 58:26the length of their vessels are limited
  1436. 58:28as far as
  1437. 58:30even our channels there are not meant to
  1438. 58:32bring in the super tankers
  1439. 58:34which would have a much greater depth
  1440. 58:37but those
  1441. 58:38those ship channels are
  1442. 58:41i want to say 25 to 30 foot deep and you
  1443. 58:45you're not talking about the houston
  1444. 58:47chip channel i'm talking about the texas
  1445. 58:48city channel
  1446. 58:49yeah and tech city channel and
  1447. 58:51intercoastal the intercoastal is only
  1448. 58:52is 17 foot deep but that uh
  1449. 58:57probably not important but that the
  1450. 59:01the intercoastal accommodates
  1451. 59:04tugboats and barges correct
  1452. 59:09so
  1453. 59:13as far as the search was concerned
  1454. 59:17to sum it up you searched an area of
  1455. 59:21how many would you can you estimate how
  1456. 59:24many square feet
  1457. 59:26you searched
  1458. 59:32um
  1459. 59:36i got a calculator i can calculate it i
  1460. 59:38mean i
  1461. 59:39you saw the area that i outlined
  1462. 59:42but just that area that i outlined on
  1463. 59:45direct
  1464. 59:46right now
  1465. 59:49we know from
  1466. 59:53something about the distance of where
  1467. 59:55the
  1468. 59:56bags that still had body parts in them
  1469. 59:58were found and the
  1470. 1:00:01three bags that had the big slit in it
  1471. 1:00:03were found that was
  1472. 1:00:04something like 500 paces away from and
  1473. 1:00:07on the other side of the
  1474. 1:00:09pier right like i said
  1475. 1:00:12i don't know where those were found
  1476. 1:00:14we've had a stipulation about that
  1477. 1:00:17assuming that they were found some 500
  1478. 1:00:19paces
  1479. 1:00:21and on the other side of the pier that
  1480. 1:00:22means that those bags
  1481. 1:00:24if they were all thrown in the same
  1482. 1:00:26place that means that those bags had
  1483. 1:00:29traveled
  1484. 1:00:29that far in the time between what they
  1485. 1:00:33were thrown in and when you were there
  1486. 1:00:35right well that would actually make
  1487. 1:00:37sense
  1488. 1:00:38due to the fact that there was nothing
  1489. 1:00:40to hold them down at all the wind
  1490. 1:00:42they were really subject to the wind
  1491. 1:00:44it's like throwing a feather into the
  1492. 1:00:45wind it's going to blow wherever it
  1493. 1:00:46wants to blow
  1494. 1:00:48but the answer is that's correct they
  1495. 1:00:50had gone
  1496. 1:00:52500 paces assuming that we have our
  1497. 1:00:55stipulation they'd gone 500 paces
  1498. 1:00:58from the other bags okay
  1499. 1:01:03and they were empty right
  1500. 1:01:06okay yes did you know that i do now
  1501. 1:01:10okay and did you know that they were
  1502. 1:01:13found with
  1503. 1:01:14mars black's blood in them
  1504. 1:01:19i assumed that they were yes okay
  1505. 1:01:25i believe that's all yes please
  1506. 1:01:34when you say you search 75-100 feet from
  1507. 1:01:37the shoreline in response to mr
  1508. 1:01:39daguerreon's questions i just want to be
  1509. 1:01:40clear
  1510. 1:01:42when you say shoreline you're talking
  1511. 1:01:44about all
  1512. 1:01:45shore protrusions is that right oh yes
  1513. 1:01:47so in other words if you've got
  1514. 1:01:54page two of people's 184
  1515. 1:01:58those two peers again you you search
  1516. 1:02:01that entire area between those two piers
  1517. 1:02:03yes and beyond the amount you've
  1518. 1:02:07indicated
  1519. 1:02:08yes and then
  1520. 1:02:11to the left side of it looking at this
  1521. 1:02:13photograph
  1522. 1:02:14as well with search the distance you've
  1523. 1:02:16already indicated yes okay
  1524. 1:02:20so mr degaran asked you why you didn't
  1525. 1:02:24search the entire
  1526. 1:02:25gulf of mexico or not gulf of mexico but
  1527. 1:02:28uh galveston bay
  1528. 1:02:30you understand the questions i'm talking
  1529. 1:02:31about i do why didn't you uh
  1530. 1:02:34search the entire galveston bed
  1531. 1:02:38when we got to that scene that day
  1532. 1:02:42that night we met
  1533. 1:02:45with the investigators we met with the
  1534. 1:02:47crime scene guys
  1535. 1:02:49based on the information that we were
  1536. 1:02:51given by them
  1537. 1:02:53we as a dive team prepared a plan
  1538. 1:02:58when i say prepared a plan we divided
  1539. 1:03:00the scene in half
  1540. 1:03:02galveston police took one half and we
  1541. 1:03:04took the other half
  1542. 1:03:06and in that plan we decided
  1543. 1:03:09how far out and we also limited the
  1544. 1:03:12tether that i spoke about earlier the
  1545. 1:03:14the line that is being held by the
  1546. 1:03:17tinder
  1547. 1:03:18is 75 foot long
  1548. 1:03:21we have a hundred footer but we don't
  1549. 1:03:22like to use it because it's
  1550. 1:03:24becomes more cumbersome the farther
  1551. 1:03:26farther out you go we can use it but
  1552. 1:03:28it's more cumbersome than
  1553. 1:03:29the more length so we made this plan and
  1554. 1:03:32every place that we put this tinder
  1555. 1:03:34that's how far that guy searched
  1556. 1:03:36and when you formulated this plan did
  1557. 1:03:38you take into consideration the water
  1558. 1:03:40and wind conditions sure
  1559. 1:03:42so you could have certainly taken that
  1560. 1:03:45rope
  1561. 1:03:45five miles offshore into the chipping
  1562. 1:03:47channels right if we had a boat we got
  1563. 1:03:48going out there
  1564. 1:03:49yes sure okay so would would you have
  1565. 1:03:52gone out
  1566. 1:03:53to the main body of water in the
  1567. 1:03:55shipping channels and searched out there
  1568. 1:03:56we didn't need to
  1569. 1:03:57okay and why didn't you need to because
  1570. 1:03:59the wind conditions based on the
  1571. 1:04:00information we received the wind
  1572. 1:04:02conditions
  1573. 1:04:02the water conditions of that time the
  1574. 1:04:04area that we searched
  1575. 1:04:06we would have found the head if it was
  1576. 1:04:07there and what is the
  1577. 1:04:10golfs and bay drain into the gulf of
  1578. 1:04:12mexico
  1579. 1:04:13okay did you search the gulf of mexico
  1580. 1:04:15did not why not didn't need to
  1581. 1:04:17okay so
  1582. 1:04:20i want you to assume so what you're
  1583. 1:04:22saying is based on the wind conditions
  1584. 1:04:24anything that was in there
  1585. 1:04:25thrown from that area from that pier
  1586. 1:04:27would have blown back to shore
  1587. 1:04:28sure and you searched all the areas
  1588. 1:04:31that would have that would have
  1589. 1:04:32contained items that floated in that
  1590. 1:04:34area
  1591. 1:04:35yes okay if as part of the sheriff's
  1592. 1:04:38department
  1593. 1:04:39if a head was found on galveston island
  1594. 1:04:41would you become aware of that
  1595. 1:04:42yeah okay after that search was any head
  1596. 1:04:44ever found on the shoreline
  1597. 1:04:46it was not okay um i'm gonna show you
  1598. 1:04:49what's been marked as
  1599. 1:04:52page 19
  1600. 1:04:55with people's 184. see that red circle
  1601. 1:04:58area
  1602. 1:04:59i do i want you to assume that that's
  1603. 1:05:00the stipulated 500 paces to the
  1604. 1:05:03east um where this
  1605. 1:05:06other bag was found can you orient
  1606. 1:05:08yourself to where that was found in
  1607. 1:05:09relation to the area you searched
  1608. 1:05:11yes okay and then i'm going to show you
  1609. 1:05:14page 20 of the same exhibit
  1610. 1:05:16and that's and actually an example a
  1611. 1:05:19photograph of these bags that were found
  1612. 1:05:21in that area
  1613. 1:05:22so you see how these are found on shore
  1614. 1:05:24yes is that consistent with the wind and
  1615. 1:05:26water conditions
  1616. 1:05:27of what you're describing or where you
  1617. 1:05:28would expect it to be found yes does it
  1618. 1:05:30surprise you that one of the bags was
  1619. 1:05:32found in that area
  1620. 1:05:33no given the wind conditions absolutely
  1621. 1:05:35not and
  1622. 1:05:36these bags float right yes like a boy
  1623. 1:05:39who throws a
  1624. 1:05:40toy boat into the water if the wind is
  1625. 1:05:43pushing it it's going to get pushed
  1626. 1:05:44right
  1627. 1:05:44correct i want you to assume you know
  1628. 1:05:47where the railroad tracks are
  1629. 1:05:48i do okay i want you to assume that
  1630. 1:05:51entire shoreline was searched
  1631. 1:05:54from the area you searched all the way
  1632. 1:05:55to the railroad tracks
  1633. 1:05:57the sherlock i do know that the
  1634. 1:05:59shoreline was walked by galveston police
  1635. 1:06:00officers i want you i'm telling you i
  1636. 1:06:02want you to assume it was searched
  1637. 1:06:04and no head was found okay
  1638. 1:06:14is there any other areas you could think
  1639. 1:06:16of where that head would have gone
  1640. 1:06:21if it had been thrown at that location
  1641. 1:06:23no no
  1642. 1:06:24okay and if it would have rolled it
  1643. 1:06:27would have
  1644. 1:06:28moved underwater it would have moved
  1645. 1:06:29towards shore is that right
  1646. 1:06:32yeah if it wouldn't roll but if it were
  1647. 1:06:34floating in a bag it would have floated
  1648. 1:06:36to shore yes
  1649. 1:06:37okay and no one found it no one found it
  1650. 1:06:41anything else briefly
  1651. 1:06:50your search plan was based on the
  1652. 1:06:53conditions you found at the time you
  1653. 1:06:55went there
  1654. 1:06:56correct and the conditions at the time
  1655. 1:06:58you went there
  1656. 1:06:59norther had blown in at some time that
  1657. 1:07:02you don't know
  1658. 1:07:03right before i got there
  1659. 1:07:06right uh and you don't know how long
  1660. 1:07:09that had been
  1661. 1:07:12no your and so your plan and your
  1662. 1:07:15conclusions
  1663. 1:07:17are based on the conditions that you
  1664. 1:07:19found when you were there
  1665. 1:07:20and the items that had been recovered
  1666. 1:07:22that was part of the plan as well
  1667. 1:07:24it's true isn't it that the prevailing
  1668. 1:07:26wind
  1669. 1:07:27in galveston is from the southeast
  1670. 1:07:29correct
  1671. 1:07:31exactly the opposite of the northern
  1672. 1:07:35that you found when you went there
  1673. 1:07:40correct that's all
  1674. 1:07:42[Music]
  1675. 1:07:43no thank you did the sweetness be
  1676. 1:07:45excused yes
  1677. 1:07:46your excuse sir thank you excuse me yes
  1678. 1:07:50thank you
  1679. 1:07:51you'll wait five minutes
  1680. 1:07:54okay all right i'll give you that chance
  1681. 1:07:58uh
  1682. 1:07:58now because we're going to uh break to 1
  1683. 1:08:0230.
  1684. 1:08:02ladies and gentlemen do not converse
  1685. 1:08:04among yourselves with anyone else on any
  1686. 1:08:06subject
  1687. 1:08:06make it with this case do not form or
  1688. 1:08:08express any opinion on the case

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