Dominique Hyppolite — Direct
138 linesDIRECT EXAMINATION BY MS. MENNINGER:
MS. MENNINGER: Good afternoon, Mr. Hyppolite.
DOMINIQUE HYPPOLITE: Good afternoon.
MS. MENNINGER: Where do you live?
DOMINIQUE HYPPOLITE: In West Palm Beach, Florida.
MS. MENNINGER: In Florida?
DOMINIQUE HYPPOLITE: Yes, ma'am.
MS. MENNINGER: And how long have you lived there?
DOMINIQUE HYPPOLITE: Thirty-five years.
MS. MENNINGER: Where do you work?
DOMINIQUE HYPPOLITE: With Palm Beach School District.
MS. MENNINGER: And where is the Palm Beach School District located?
DOMINIQUE HYPPOLITE: In Florida, 3300 Forest Hill Boulevard, West Palm Beach, Florida, 33406.
MS. MENNINGER: Thank you. And what is your title at the Palm Beach School District?
DOMINIQUE HYPPOLITE: As a specialist.
MS. MENNINGER: What are your job responsibilities?
DOMINIQUE HYPPOLITE: I coordinate the processing of subpoenas and represent the district as a record custodian for trial and depositions.
MS. MENNINGER: So you do subpoena responses for trials and depositions of records from the Palm Beach County School District?
DOMINIQUE HYPPOLITE: Students records.
MS. MENNINGER: Student records?
MS. MENNINGER: Okay. Are you familiar with the way that school records are kept for the Palm Beach County School District?
DOMINIQUE HYPPOLITE: Yes, ma'am.
MS. MENNINGER: And can you describe for the jury a little bit about how student records are kept.
DOMINIQUE HYPPOLITE: Each school has a data processor and record custodian depend on the level. Elementary, they have data processor. And middle school, they have -- each grade has a -- someone that takes care of records. And high school, they have record custodian.
MS. MENNINGER: And are the student's records entered into the system at the time the student is there at the school?
DOMINIQUE HYPPOLITE: Yes, ma'am. And the records follow the student. If the student -- when the student is in elementary school. And once they pull more to middle, and then everything follow the student. And there is no information on the student in the elementary school. Middle, and then it's transferred to high school. And then after three years, then the student leave the school system, and then the records and -- are -- they send the records to the district to be purged and kept at the district level.
MS. MENNINGER: Does the Palm Beach County School District keep some electronic records of all students that have gone to school in the district?
DOMINIQUE HYPPOLITE: Yes. After three years, when the student withdraw from Palm Beach -- from the schools, and then if the student is -- exceptional student education, the schools keeps the record for five years. If the student is a regular student, after three years the records are purged and processed and kept at the district.
MS. MENNINGER: And are they kept electronically?
DOMINIQUE HYPPOLITE: Yes, ma'am.
MS. MENNINGER: Are you able to go and search for a particular student's name in the system?
DOMINIQUE HYPPOLITE: Definitely, yes. I have access to that.
MS. MENNINGER: And when you enter a student's name in the system, are you able to pull up certain of their education records?
MS. MENNINGER: Is that true even if the student went to school in the '90s or the early 2000s?
DOMINIQUE HYPPOLITE: Yes, ma'am.
MS. MENNINGER: So does the Palm Beach County School keep records for decades, for example, on students?
MS. MENNINGER: Are there certain records that they get rid of? I think you said some were purged.
DOMINIQUE HYPPOLITE: Yes, they keep the most significant information on the student, and then they do that according to the procedures of the school board of Palm Beach County.
MS. MENNINGER: Great. And were you asked to search for certain student files related to our case here?
DOMINIQUE HYPPOLITE: Yes, ma'am.
MS. MENNINGER: Did you put those students' name into the system and pull up the records that the district still keeps for those students?
DOMINIQUE HYPPOLITE: Yes, ma'am.
MS. MENNINGER: Your Honor, may I approach with some records?
JUDGE NATHAN: Yes. Although it's 4:59, so are we wrapping up?
MS. MENNINGER: I probably have 10 to 15 more minutes, your Honor.
JUDGE NATHAN: We'll have to break.
MS. MENNINGER: All right.
JUDGE NATHAN: We'll break here, members of the jury, for the evening. Same schedule for tomorrow. Thank you so much. See you then.
(Jury not present)
JUDGE NATHAN: Mr. Hyppolite, the witness may step down and out for the evening. Thank you.
(Witness not present)
JUDGE NATHAN: Everyone may be seated. All right. Matters to take up.
MS. COMEY: Your Honor, I would just note that we previously offered to stipulate to this witness's testimony. We're happy to stipulate to the remainder of it if he can be released. I don't know whether the defense would like that. They did us that courtesy with another witness from Florida who had to stay overnight, so I wanted to offer it.
JUDGE NATHAN: Thank you.
MS. MENNINGER: Thank you, your Honor. I'll speak with the government afterwards about a potential stipulation.
JUDGE NATHAN: Okay. Thank you. Other matters?
MS. COMEY: Nothing from the government, your Honor.
MS. MENNINGER: No, your Honor. Just that we have conferrals on the inconsistent statements we are planning to do after we finish.
JUDGE NATHAN: What I'd like is for you to identify what remains in dispute. What time can I hear from you on that?
MS. MENNINGER: 7:30?
MS. COMEY: That sounds reasonable to us, your Honor.
JUDGE NATHAN: Okay. If there are issues that remain in dispute, I guess I could ask for anything, just like a joint chart that --
MS. MENNINGER: Yes, your Honor. I think we can take the same chart we have both been working off of and just eliminate the ones that are no longer -- or somehow with color indicate the ones that are still in dispute.
JUDGE NATHAN: Yes. Or give me a new chart with the ones that are in dispute and each just very briefly state each side's position.
MS. MENNINGER: Yes, your Honor.
MS. COMEY: Yes, your Honor.
JUDGE NATHAN: Okay. The only other thing -- oh, right. So I gave you till 6 o'clock on what I didn't recall at the time. It was your response on the remaining witness. I sort of staggered the response time on the motion to preclude based on when we thought we would have witnesses. So who remains in dispute who will be called tomorrow?
MS. MENNINGER: I think there were Eva, Michelle, and Kelly. I think Mr. Lopez, I believe, we're not calling.
MR. EVERDELL: That's right, your Honor.
MS. MENNINGER: So that one is no longer in dispute.
JUDGE NATHAN: Okay. So you said Eva, Michelle, and Kelly.
MS. MENNINGER: Yes, your Honor.
JUDGE NATHAN: So they will be called tomorrow if they are not precluded.
MS. MENNINGER: Yes, your Honor. I believe so.
JUDGE NATHAN: All right. So I'll get the defense's response to the motion to preclude on that this evening. And so what is tomorrow looking like?
MS. MENNINGER: I think we will be done, your Honor. I am looking at my co-counsel. We've had to -- we have to make a couple of inquiries because your Honor ruled this morning on anonymity, and there may be some other issues that we have to figure out whether that will carry forward to Monday or not.
MR. EVERDELL: Your Honor, sorry to interrupt. There may be one witness that does carry over to Monday. We have to figure that out. But our goal, I think, is to try to wrap up, with the exception of this one potential witness, by tomorrow.
MS. STERNHEIM: Judge, may I have a moment?
JUDGE NATHAN: Yes.
(Counsel conferred)
MR. EVERDELL: I think if we went over in the morning, even if we had this one witness, it would be very brief, so we could have almost a full day on Monday.
JUDGE NATHAN: Okay. So finishing tomorrow or a very short witness on Monday means closings on Monday and then charge and to the jury. Okay. I'll permit that so long as it does not interfere with that schedule.
MS. STERNHEIM: It will not interfere, Judge.
JUDGE NATHAN: Okay.
MR. PAGLIUCA: Your Honor, just --
JUDGE NATHAN: It's like I'm getting triple-teamed here. I can barely keep up.
MR. PAGLIUCA: Sometimes five heads, six heads may be better than one, sometimes maybe not. But there is an issue about a government rebuttal witness that I don't know if that's been resolved yet. And I just wanted to lay that out there for the Court.
MS. COMEY: Yes, your Honor. We are leaning against calling that witness. We need to circle up as a team and we'll have a final decision tomorrow morning for your Honor. I doubt we will be calling any rebuttal witnesses.
JUDGE NATHAN: Okay. I guess the only thing I would ask you to consider is if we have time left over tomorrow, if there is a very short witness on Monday, if perhaps the government does intend to call a rebuttal, if you would consider using the time tomorrow for the rebuttal, if that's acceptable to the defense.
MR. PAGLIUCA: If there is going to be a rebuttal witness, your Honor, there's going to be briefing on it tonight.
JUDGE NATHAN: I'm here all day. When will you come to a decision?
MS. COMEY: Your Honor, I think we can come to a decision tonight by 8 o'clock. I'll be with Ms. Menninger until 7:30. At 8 o'clock.
JUDGE NATHAN: All right. So by 8 o'clock. So if there is, and that requires briefing, when will I get your brief, Mr. Pagliuca?
MR. PAGLIUCA: 8:05, your Honor.
JUDGE NATHAN: It's in the can. Glad to hear it. I don't know if you are joking, actually.
MR. PAGLIUCA: No, I'm not joking, your Honor. 8:05 is when you will get it.
JUDGE NATHAN: Good deal. I like it. Okay. A couple other odds and ends. I got a letter yesterday from counsel for a potential defense witness. As far as I could tell, there was no application in the letter. I don't know if anyone has an application.
MS. COMEY: I don't believe there's any application from that witness or from the government with respect to that witness, your Honor.
MS. MENNINGER: We don't have it, your Honor. I don't know what you're talking about.
JUDGE NATHAN: One of you was cc'd on it.
MS. COMEY: I believe Ms. Menninger was cc'd on it. May I confer?
JUDGE NATHAN: You may.
(Counsel conferred)
MS. MENNINGER: Your Honor, if we could consider whether what we need to do as far as docketing that or making a record about it, we could do it tomorrow morning at the 8:45 mark. It may be important for a foundational -- an exhibit that may be predicated on an unavailable witness, and that's the only reason I am considering whether anything else needs to happen.
JUDGE NATHAN: Okay. You'll confer.
MS. MENNINGER: Yes.
MS. COMEY: Yes, your Honor.
JUDGE NATHAN: Okay. But, as I said, I didn't understand an application in that letter, so I'm not doing anything with it.
MS. MENNINGER: Your Honor, we just needed a record of that officially in case we needed it for a foundational purpose, and so that was the reason that I had said if --
JUDGE NATHAN: Okay. If that becomes a judicial document, if I use it in some way, it will be docketed.
MS. MENNINGER: Right. I understand.
MS. COMEY: Yes, your Honor.
JUDGE NATHAN: Okay. And then the only other thing I want to ask about is defense counsel as to timing. It's usually around here where I allocute the defendant as to their rights.
MS. STERNHEIM: Judge, I would ask that we wait until tomorrow please.
JUDGE NATHAN: Okay.
MS. STERNHEIM: Thank you.
JUDGE NATHAN: We will do that.
MS. COMEY: Just one quick question, your Honor.
JUDGE NATHAN: Yes.
MS. COMEY: Is there any sense of when we might expect a draft of the jury charge?
JUDGE NATHAN: It will be tomorrow.
MS. COMEY: Thank you, your Honor.
JUDGE NATHAN: That's tonight's project for the 9 a.m. conference. I don't suppose anyone has a time estimate of closings?
MS. STERNHEIM: What's a closing, Judge? I don't think we have an idea yet. As soon as we do --
JUDGE NATHAN: Do you prefer "summations"?
MS. STERNHEIM: I prefer that, too. I prefer actually getting two cracks at it, like the government, but we'll be sparse. I don't think we're in a position to inform the Court yet.
JUDGE NATHAN: Okay. But presumably we're looking at completing closings and the charge on Monday.
MS. STERNHEIM: Yes.
JUDGE NATHAN: Okay.
MS. MENNINGER: May I inquire, your Honor? In some courtrooms I've been in there is a rule, perhaps not strongly enforced, but strongly suggested, that the government only reserve a certain portion of their summation for the rebuttal piece because otherwise it ends up being a bit of a more in rebuttal than in the actual substance. I don't know if your Honor has that practice, but I would request that some reasonable percentage be allocated to the first versus the rebuttal portion.
MS. COMEY: Your Honor, I expect the rebuttal will be significantly shorter than the closing. I don't think that's going to be an issue.
JUDGE NATHAN: Well, it certainly should be. It should be rebuttal and not --
MS. COMEY: That's exactly right, your Honor. And I'll be doing the rebuttal. I fully intend it to be much shorter than the closing and to the point, as is consistent with our office practice before your Honor and in this district.
JUDGE NATHAN: Okay. Anything else on that? Let me just check my various inputs to see if I'm missing -- check with my law clerk. All right. I don't have anything else. So I will hear from you this evening. You'll get the charge tomorrow. And I'll see you at 8:45. Thank you.
(Adjourned to December 17, 2021 at 8:45 a.m.)