Kristen Brewer testimony (OCSD cadaver dog handler)

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wenwe4

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JB objects to canine voir dire in front of jury.....wanted it done in front of HHBP only - HHBP reminds him jurors need info to determine whether it is relevant or not....they will make up their own minds....


Next Witness
Kristin Brewer - Supv. w Oseola Co. Sherrif over 16 yrs, started in patrol, several years in traffic unit, 1 1/2 yr tactical - plain clothes, patrol collateral duty handle k9, Bones k9, prior to Bones - hobby to train protection/obediance/article tracking.....2005 SO acquired Bones - person initially assigned to train Bones - dog already had some training - dog train paperwork goes with him ......Dep. Forgey provided all records (vet and train records)....KB has created and kept all records of Bones since receiving from Dep Forgey....show to JB - he is smiling and talking to LDB.....approx 2" sheaf of paper handed to KB - she is flipping through some of them......confirm those are Bones records.....

received in evidence over objections...

First bond with the dog, get to know the dog, play ball with dog first several weeks, learned temperment and training and any problems meetin w/Forgey several times.....Bones and KB trained several hours each week......recorded in training log....attended schools indep of Oseola Co. ......first school attended Andy Redmond - basic cadavar course....Andy is authority on cadavar dog training....document confirming certificate that KB and Bones received on completion of course 11/7 -11/13/05...make sure dog find odor, and give final train alert on the odor....multi day course.....exposed to woods, high grass, clay, dirt, pavement, normal grass....some of the target odors known location and some not.......cadavar search school record shows if Bones had false alerts, misses, or found target .....Bones performed fairly well....no problems with search ability....don't recall any misses or false alerts not recorded any....found all the targets he was intended to find....Bones trained on human blood/bone/tissue/teeth/semen and placenta....

KB refers to records of Bones....water seminar 11/2 thru 11/4 ...water seminar all targets submerged, near, in water.....take dog out on boat and he needs to alert to target in and around the water.....kept written record of Bones performance Human remains in water seminar.....recorded any false alerts/misses and targets.....don't recall Bones having false alerts or misses and located all targets. Cert. of completion 11/2007...in between seminars continue to train w/Bones.....use distractors to ensure he won't alert to material you don't want him to.....distractors include toys, dog treats, food, animal remains..... not trained with urine or feces - but he is exposed to that on searches....he is exposed to multiple dogs in the environments.....not alert to food sources.....dairy products -cheese? can't recall specifically.......never had any prob. with Bones alerting to food source of any kind......advanced land 2009....Country Class k9's Lisa Higgins- authority trainer on cadavar dogs....authority and long history of successful training of k9-....required bones to find buried, hanging, surface, differing depths/training aids, hanging a source in a tree.....Bones final trained alert is a sit....source hang in tree - Bones tries to pinpoint on ground.....lift head up....try not to show him source or let him see it - he detects it above him and will sit.....

NNDDA certification....nat. narcotic detector dog assoc......has a special training for cadavar, they also do narcotics and not sure if they offer bomb work or not.....performance records from seminar - documented in certification book for 1 year from certification....

Bones trained on residual odor....where human remains placed in location and item was removed....Bones trained to detect on the odor staying.....human blood wiped on ceramic tile and then wiped clean and a location where a body had been located......reward for Bones for successful find is tennis ball....never rewarded with food....given food or treats just for being a dog...favorite reward is tennis ball.....in records maintenance train - human remains training and also keep track of real world calls.....dates Bones called out on searches....successful or unsuccessful searches.

8/23/05 - search - no alert that date - area dug and deceased dog was found.
5/1/06 - search - human remains present - no alert - area searched dead animal located
5/10/06 - no alert to human remains - area dug - deceased dog found
9/5/06 - human remains present? - no alert - searched found dead possum
6/6/09 - human remains present? - no alert - area searched - animal remains found

during tenure w/Bones - Bones never has false alert on any location......Bones has alerted and human remains were located....

3/31/07 - Bones alerted to located several small bone fragments - able to find a couple of pieces of skeleton based on Bones alerts.

10/8/07 - info body buried 2-3 weeks in woods - Bones alerted exactly on area where body was laid.


missed date - elderly female deceased on other side of the wall he alerted to find her

? 2007 - landfill highlands county - garbage all manner, deployed Bones several days in landfill, alerted to comforter, baby had been born on later discarded in trash.....

3/26/08 - off 528 Orange Co - skeleton human skull found by someone mowing the grass....he alerted on additional bones in the area..

5/14/09 - water search...young male not made it to shore...presumed drown....boat search on large lake....alerted and dive team found body

11/13/09 (?) - body burned in area - alerted to area within few feet where body located..

12/20/10 - 2 bodies buried in same hole over 2 years...orange grove.....able to alert ... dug and both bodies were recovered.

Bones is single purpose dog.....quite often called out for out of county and out of state searches....many searches result in no alert at all.....

Bones and she work together so long....indicators....pick his head up....tail fluff up....paw at surface to get better scent.....leave handler and try and pinpoint where scent is....she stays with him to see if alert/...

asking to approach

 
JB: "and we would renew our previous objection that this is a under hereas (?) a matter of law that should be done outside of the presence of the jury and of course renew all previous motions and objections as it pertains to her testimony."

HJBP: "Okay. The same uh basis that I gave the last time is the prior fact the individual must decide to weigh the credibility of the testimony thus they are entitled uh, to know the training no only of the dog handler, but the training and experience of the dog uh, and the dogs reliability in assessing whether or not they want to accept or reject the testimony with the dog and the only way for them to to do that is to know the reliability unless the defense is not going to question the reliability of the evidence. If they're not going to question the reliability of the evidence and accept the evidence as fact, then there will be no need to do this. Okay, let's return the jury."

(judge addresses jurors)

HJBP: "Okay, state ready to proceed? State may call their next witness."

LDB: " Kristin Brewer."

(she is sworn in)

LDB: "Kristin Brewer.

HJBP: "You may proceed Mrs. Drane."

LDB: "Thank you, your Honor. Good morning ma'am could you please tell us your occupation?"

KB: "I'm a uh, supervisor with the Osceola County Sheriff's Office."

LDB: "What type of supervisor?"

KB: "Control supervisor."

LDB: "How long have you worked with the Osceola County Sheriff's?"

KB: "Over 16 years."

LDB: "What sort of assignments have you had with Osceola?"

KB: "I started out in patrol, um, I spent several years in the traffic unit. I uh, spent about a year and a half in a tactical unit. Plain clothes, and then back to patrol when I was promoted. And uh, most recently still in patrol as collateral duty handling the canine."

LDB: "Tell us a little bit about that collateral duty handling a canine. How long have you been doing that for the Osceola County Sheriff's Office?"

KB: "Since 2005. Um, it's not my primary duty. My primary duty is a patrol supervisor. And the collateral duty is handling the canine, on call, as needed basis."

LDB: "Would this be canine Bones?"

KB: "Yes ma'am."

LDB: "You have been bones handler since 2005?"

KB:" Yes ma'am."

LDB: "Do you know the background of Bones prior to your obtaining him?"

KB: "Yes ma'am, I do."

LDB: "And, where did Bones come from?"

KB: "The Orange County Sheriff's Office."

LDB: "Prior to the arrival of Bones at the Osceola County Sheriff's Office, did you yourself do any training?"

KB: "Yes ma'am, it was a kind of hobby for me to train dogs in protection, obedience and tracking."

LDB: "Your Honor, may we have a moment?"

HJBP: "You may."

(sidebar)

HJBP: "You may proceed."

LDB: "Sergeant Brewer, we were talking about any sort of background or training you had with the handling of canines prior to the arrival of Bones at the Osceola County Sheriff's Office in 2005."

KB: "Correct."

LDB: "I missed you answer because of the delay but, can you repeat that for me?"

KB: "I did canine training as kind of a hobby which was protection, obedience and article tracking.

LDB: "Independent of your position with the Osceola County Sheriff?"

KB: "That's correct."

LDB: "So in 2005 when the Sheriff's office acquired Bones, were you the person initially assigned to train with him?"

KB: "Yes."

LDB: "Was it your understanding at that point that Bones himself, had already undergone a period of training?"

KB: "That's correct."

LDB: "Are you familiar with Jason Forgey of the Orange County Sheriff's Office?"

KB: *smile* "Yes ma'am."

LDB: "When Bones was acquired by the Osceola County Sheriff did his paperwork uh, training paperwork go with him?"

KB: "Yes. I have everything that Deputy Forgey had provided to me for his training. Yes ma'am."

LDB: "Are you the individual who is then responsible for maintaining the record of, whether it's veterinary records, or training records for canine Bones?"

KB: "Yes."

LDB: "Are you the individual who has created those records since 2005 during the training and operative operation outcomes with Bones?"

KB: "Yes ma'am."

LDB: "If I may approach the witness."

HJBP: "You may."

LDB: "I will be showing you what is marked as OJ marked for identification."

(LDB brings evidence to JB to look it over Jose smiles and hands it back to LDB)

LDB: "I'll have you take a look at this composite exhibit and tell me if those are true and accurate copies of, the majority of Bones records excluding veterinary records."

(witness thumbs through papers)

KB: "Yes ma'am."
 
At the Anthonys, trainer was told the backyard needed searching. That is all she was told. She was not told another dog had been back there.

LBD: what did you do on 9-17-2008?

KB: Went through gate, entire backyard was fenced in, past the gate put Bones first collar on to indicate we were about to search. He did a quick search of the yard, near the pool, the porch, corners of the area, etc. Spent 3-4 minutes and he had an area of interest: and gave final trained indication: He sat.

LBD: Do you remember where he alerted? Does the photo show the area where he gave the final trained alert?

Yes.

And where is that?

(In front of the playhouse. To the left.)
 
rm7e4k.jpg
 
LDB: I take it you were not told of any other searches that resulted in an alert?

no, I did know there had been another search but not what was the outcome.

LDB: ?

we went through the gate, just past the gate I put on his collar, took him off lead and gave command to do search. he went to the swimming pool, the porch...his nose was down, three or four minutes in back yard, an area of interest and came a Indication on that spot and he sat.

LDB: this is the trained final alert?

yes

LDB: do you know where is the area of that final trained alert?

yes

LDB: does the photo in evidence show the area you were describing?

yes

LDB: can you indicate to the jury where you got the final trained alert.

basically in that area right there

LDB: okay. what happens after you get the trained final alert?

get bones and spoke to Forgey and he also alerted in that spot

LDB: return next day?

yes

LDB: was surface disturbed?

grass was up, many officers.

LDB: OCSO?

they were there on my arrival.

LDB: run again?

no alerts

LDB: know why?

it could have been moved or destroyed because of work done.

LDB: no other questions
 

missed a few minutes....see Eidetic or Chiquita posts...

7/17/08 - walked to backyard with Bones on lead....went thru the gate on left side residence....just past gate put his collar on....off lead and gave his command to do search.....quick search around swim pool....screend in porch....nose down.....3-4 min in backyard....kept coming back to same area .....gave trained final alert and sat ....point out where got trained final alert from Bones....showing pic of backyard w/playhouse...KB circles same area that Forgey indicated yesterday.....spoke w/Forgey said his dog alerted within 6-8 feet of where Bones had alerted....came back next day....surface disturbed....dirt mulch and pavers and several CSI from OCSO disturbing the dirt...run Bones thru same process with no alerts that date.....opinion on day 2 - whatever he was alerting to had been moved, destroyed, disappaited or had not dug enough(?) to what he was alerting to



 
Cross examination.

JB: The alerts that a cadaver dog does, you don't give a command like "Show me some bones?"

Yes.

JB: A dog's could alert on fluid or anything out of the body that is now decomposing? A finger nail?

Yes. No verbal command.

So when you're trained to deploy dogs on cars, you try to supply a car you know the history of, correct?

Yes.

Someone could have bled on a rag and that was thrown in trunk? something like that?

Yes.
 
Brewer indicates where Bones hit.
BrewersaccountofwhereBoneshit.jpg


Jason Forgey indicates where Gerus hit.
doghit.jpg
 
JB: want to ask you to clarify. the alerts that a cadaver dog does. you don't give individual commands?

yes

JB: just one command when you deploy the dog?

correct

JB: ? could they not?

if it is out of the body

JB: ?

yes

JB: blood from me begins to decompose and the dog could alert?

yes

JB: your training says to not use old cars

we try to use something we know may not have...

JB: car in accident? person cut their finger?

correct

JB: someone bled on rag and through in car

correct

JB: dog is tool more than indicator?

he is trained to find strongest source

JB: I am showing you state's evidence...can we publish to jury your honor...now this is an area you circled where your dog alerted to?

yes

JB: sarg Forgey was six to eight feet...

yes

JB: ?

I don't know

JB: again

I can't answer that, without the scale I can't remember

JB: was that house blocking six to eight feet?

?

objection

JB: six to eight feet would either be near the side walk correct?

he did not indicate

JB: ?

objection
overruled

JB: this direction?

could be

JB: this direction?

could be

JB: this area closer to swimming pool?

?

JB: its not over here, it is more over here in that direction correct?

?

JB: asks again

from my recollection correct

JB: you never deployed the dog in the house?

no

JB: what about the back patio?

porch

JB: yes porch, did you deploy dog?

no

JB: the two days you never took dog in house?

no, not my case.

JB: aware of any cadaver searches inside?

not that I was advised of

JB: can I have a moment? nothing further.

HHJP: excused.
 


JB w/KB - dog can alert on something from a live person.....as long as it is out of the body......decomposes out of body.....drop of blood starts to decomp.....training don't use old cars.....need to know the history of...try to....don't know if someone cut finger/car in accident/someone bled on a rag.....correct.......if you don't have a body he is trained to find strongest source.....work in this case....showing pic of backyard where she circled where Bones alerted....Sgt. Forgey said his dog alerted 6-8 feet away....he didn't show her.....JB asks to look @ photo - little playhouse blocking 6-8 feet away....not to scale don't know could be.....Dep Forgey didn't say playhouse.....or closer to sidewalk to the right? hedidn't indicate to me.....could be....also could be closer to swim pool? not sure....swim pool would have been behind us.....JB marks up photo....there for 2 days....never deployed dog inside house? No....working with OCSO - so I deployed where asked ......2 days never took dog in the house - evidence of decomp in the home....not her case - did what she was asked.....not aware of any searches in the house - not advised of any......

Redirect
LDB- no questions - witness excused

 
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