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."