7.Patrick Sanford — Direct/Cross/Redirect
691 linesJUDGE EVERETT: You may call your next witness,
MS. CAPPLEMAN: Judge, we do have a stipulation at this time. I would ask Your Honor to read the stipulation in reference to the firearms.
JUDGE EVERETT: Members of the jury, when the parties agree that certain facts are true, that is called a "stipulation of fact." You must accept stipulated facts as having been proven. However, the significance of these facts, as with all facts, is for you to decide.
In this case, the stipulated fact that you must accept as true is the projectiles contained in State's Exhibits 122 and 123 were examined microscopically by a firearms expert from the Florida Department of Law Enforcement and are determined to have been fired from the same revolver.
(Pause in proceedings)
JUDGE EVERETT: Please raise your right hand.
(Oath administered)
JUDGE EVERETT: You may take your seat.
whereupon, PATRICK SANFORD called as a witness, having been first duly sworn, was examined and testified as follows:
DIRECT EXAMINATION BY MS. CAPPLEMAN
MS. CAPPLEMAN: Please say your name and spell your name.
PATRICK SANFORD: Patrick Sanford, S-a-n-f-o-r-d.
MS. CAPPLEMAN: How are you employed?
PATRICK SANFORD: I'm a special agent with the Federal Bureau of Investigation.
MS. CAPPLEMAN: How long have you been with the FBI?
PATRICK SANFORD: Approximately a little over 24 years, 22 of which I was here in Tallahassee.
MS. CAPPLEMAN: What are your duties there?
PATRICK SANFORD: I'm a special agent. I investigate cases and protect national security.
MS. CAPPLEMAN: And were you assigned to investigate a murder case involving the murder of Dan Markel?
PATRICK SANFORD: Yes, I was.
MS. CAPPLEMAN: Were you the lead investigator on that case?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: Did you assist the Tallahassee Police Department in that case?
PATRICK SANFORD: Yes, I did.
MS. CAPPLEMAN: why was the FBI included in that particular investigation?
PATRICK SANFORD: At the beginning they had several leads, like interviews, things that they needed to track down that were outside the city of Tallahassee that we have agents, you know, all over the country, so we're able to facilitate some of those leads and track down certain aspects of the case.
MS. CAPPLEMAN: And were some of those leads in the Miami area?
PATRICK SANFORD: Yes, they were.
MS. CAPPLEMAN: And were you assisted by Miami authorities as well in the investigation?
PATRICK SANFORD: correct.
MS. CAPPLEMAN: As part of the investigation, were the people that were considered to be closest to the victim interviewed?
PATRICK SANFORD: Yes, they were.
MS. CAPPLEMAN: And would that include the ex-wife, Wendi Adelson?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: What did you learn in the investigation about the relationship between the victim and his ex-wife, Wendi Adelson?
PATRICK SANFORD: They had gone through a -- through a very contentious divorce, which even after the divorce was finalized, they still had several issues that they dealt with through the course of the ...
MS. CAPPLEMAN: I'm gonna approach with what I've marked as State's Exhibit 56. Do you recognize this exhibit?
PATRICK SANFORD: Yes, I do.
MS. CAPPLEMAN: Have you had an opportunity to look at that exhibit before?
PATRICK SANFORD: Yes, I have.
MS. CAPPLEMAN: Okay. And is that a fair and accurate copy of Wendi Adelson and Dan Markel's divorce file?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: From the Clerk's Office here in Leon county?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: Judge, at this time I'd ask to move into evidence State's Exhibit 56.
JUDGE EVERETT: Any objection to State's 56?
MR. RASHBAUM: Just our previous objection, Your Honor.
JUDGE EVERETT: Very well.
State's 56 is admitted at this time over Defense objection.
(State's Exhibit 56 received in evidence.)
BY MS. CAPPLEMAN
MS. CAPPLEMAN: Did you review this divorce file as part of your investigation in this case?
PATRICK SANFORD: Yes, I did.
MS. CAPPLEMAN: About how many pages are in that?
PATRICK SANFORD: Around 576 I believe.
MS. CAPPLEMAN: Okay. And I want to draw your attention to a couple things specifically. Like on Page 82, Paragraph 13, they were arguing over everything -- right? -- all the belongings?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: Down to a tennis racket?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: As part of these proceedings, did Wendi Adelson seek to relocate with her children from Tallahassee to Miami, Florida?
PATRICK SANFORD: Yes, she did.
MS. CAPPLEMAN: And why did she want to relocate to South Florida according to the filing?
PATRICK SANFORD: The filing stated that she had a job offer in South Florida that was more lucrative than her current job.
MS. CAPPLEMAN: And did Mr. Markel object to the petition to relocate with the children?
PATRICK SANFORD: He did.
MS. CAPPLEMAN: Did he file quite a lengthy and emphatic objection to that?
PATRICK SANFORD: Yes, he did.
MS. CAPPLEMAN: And in his motion -- and that's gonna be on Page 82 -- why did he indicate he believed was the sole reason that Ms. Adelson wanted to move to South Florida?
PATRICK SANFORD: He said -- he stated that the sole reason was because she could relocate with the parties' minor children to the -- to be near her parents.
MS. CAPPLEMAN: And was the relocation petition that Wendi filed, was that ruled on?
PATRICK SANFORD: Yes, it was.
MS. CAPPLEMAN: So what did the Court say about that?
PATRICK SANFORD: The Court ruled against that and ruled against her saying she had to stay in Tallahassee with the children.
MS. CAPPLEMAN: And if I said that was June 20th of -- 20th of 2013, does that sound right?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: When was the divorce made final? And for that I'll direct you to Page 457 and 458.
PATRICK SANFORD: I believe it was made final on July 31st of 2013, I believe.
MS. CAPPLEMAN: All right. And did that conclude the issues between -- the legal issues between Ms. Adelson and Professor Markel?
PATRICK SANFORD: No, it did not.
MS. CAPPLEMAN: All right. So they continued to file. Quite a lot of filing after that; is that right?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: In fact, there's over 250 more pages still after the divorce was final; is that right?
PATRICK SANFORD: Correct, correct.
MS. CAPPLEMAN: Okay. I want to direct your attention to March 26 of 2014. Did Mr. Markel file a motion seeking some relief related to the grandmother, Donna Adelson?
PATRICK SANFORD: Yes, he did.
MS. CAPPLEMAN: And what specifically was he seeking in reference to Donna Adelson?
PATRICK SANFORD: He was seeking to limit her visitation rights to where they had to be -- had to be monitored.
MS. CAPPLEMAN: Supervised?
PATRICK SANFORD: Supervised.
MS. CAPPLEMAN: By another adult?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: And why in the pleading did Mr. Markel indicate that this supervision was needed?
PATRICK SANFORD: I'm sorry. Do you -- would you refresh the --
MS. CAPPLEMAN: Page?
PATRICK SANFORD: -- page number?
MS. CAPPLEMAN: Look at 450. Yeah, 450.
PATRICK SANFORD: Mr. Markel stated that the children informed him that Grandma says you're stupid and that she says you're trying to take her sunshines away.
MS. CAPPLEMAN: "Grandma" meaning Donna Adelson?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Was saying that Dan Markel -- telling the kids that Dan Markel was stupid?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Did you also come into possession of some emails that were exchanged between Wendi Adelson and Donna Adelson?
PATRICK SANFORD: we did.
MS. CAPPLEMAN: I want to show you what I've marked as State's Exhibit 57. Have you had an opportunity to review those emails --
PATRICK SANFORD: Yes, I have.
MS. CAPPLEMAN: -- prior to today?
Have you had a chance to review those before today?
PATRICK SANFORD: I have.
MS. CAPPLEMAN: Okay. Anything in those emails that goes to motive in your investigation?
PATRICK SANFORD: Yes, there is.
MS. CAPPLEMAN: And what is that?
PATRICK SANFORD: She was being very assertive, Mrs. Adelson. Mrs. Donna Adelson was being very assertive with Wendi Adelson trying to influence her to do different things to Mr. Markel to get him to agree to let her and the children move to South Florida.
MS. CAPPLEMAN: And what was the thing that was expressly stated in the emails as the most important part of wendi's full divorce and litigation?
PATRICK SANFORD: It was relocation to South Florida to be close to the family.
MS. CAPPLEMAN: And was there mention in those emails of a bribe that was to be offered to Dan Markel to potentially facilitate this relocation?
PATRICK SANFORD: There was.
MS. CAPPLEMAN: And who was gonna pay for the bribe?
PATRICK SANFORD: There was gonna be a three-way payment between -- Donna and Harvey Adelson were gonna pay 33 percent of it. Charlie Adelson would pay 33 percent, and then wendi would pay the other 33 percent.
MS. CAPPLEMAN: And what was the total amount of the potential bribe?
PATRICK SANFORD: $1 million.
MS. CAPPLEMAN: All right. Was there any financial benefit to Wendi Adelson that occurred as a result of Dan Markel's death?
PATRICK SANFORD: There was.
MS. CAPPLEMAN: What were those -- that benefit or benefits?
PATRICK SANFORD: There was at least I believe a couple of life insurance policies one of which was around $2 million. There was social security benefits for the kids that were provided I believe, like, $4,800 a month. There was a 401(Ck) that he left behind and some other -- some other accounts.
MS. CAPPLEMAN: A pension as well?
PATRICK SANFORD: Yes, there was a pension.
MS. CAPPLEMAN: Okay. And deferred comp, $217,000 there?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Okay. And you mentioned the 401(k). Do you recall how much money was in that?
PATRICK SANFORD: I don't off the top of my head.
MS. CAPPLEMAN: Okay. Is there something that could refresh your memory on that?
PATRICK SANFORD: Possibly.
MS. CAPPLEMAN: Does $100,000 sound right?
PATRICK SANFORD: Yes, it does.
MS. CAPPLEMAN: All right. As part of the investigation in this case, you looked at sort of the people closest to Dan. Did you also investigate the day of the homicide and his routine or activities that day?
PATRICK SANFORD: we did.
MS. CAPPLEMAN: And what did you learn about his schedule that day?
PATRICK SANFORD: That morning he -- he had custody of the kids that day, his two children, his two boys. He took them to daycare over off of West Tharpe Street. He dropped them off around 8:50 a.m. and then drove back across town and went to Premier Gym right off of Maclay Boulevard, Thomasville Road, Capital Circle area.
MS. CAPPLEMAN: Was there any surveillance images captured outside the gym that showed the vehicle coming and going from there?
PATRICK SANFORD: Yes. There was some exterior cameras on the gym itself, on the roof of the gym.
MS. CAPPLEMAN: And did that surveillance -- were you able to identify from that surveillance which video -- I mean -- which video -- which vehicle was Dan Markel's vehicle arriving at the gym?
PATRICK SANFORD: Yes, we were.
MS. CAPPLEMAN: Okay. And was there another vehicle that appeared to be a suspect vehicle captured in this video?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: And why did you describe or why am I describing this other vehicle as a suspect vehicle?
PATRICK SANFORD: we did obtain multiple pieces of footage of video footage around town also showing it appeared a light green Prius was following Mr. Markel wherever he went that morning.
MS. CAPPLEMAN: And was that description of a vehicle consistent with the description that Mr. Geiger gave us as the vehicle that he saw leaving the crime scene?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: All right. Did -- was there a compilation of relevant clips or parts of this video surveillance collected from Premier Gym to show the jury just sort of the relevant portions?
PATRICK SANFORD: There was.
MS. CAPPLEMAN: And you've had an opportunity to review that?
PATRICK SANFORD: I have.
MS. CAPPLEMAN: Okay. And those images are fair and accurate clips or portions of the Premier video -- Premier Gym surveillance video?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Judge, I'd ask to introduce into evidence the Premier video surveillance footage at this time, which I believe is 83.
JUDGE EVERETT: Any objection?
MR. RASHBAUM: No objection, Your Honor.
JUDGE EVERETT: State's 83 is admitted.
(State's Exhibit 83 received in evidence.)
MS. CAPPLEMAN: State's 83, Your Honor. And that's going in the form of a -- it's in the form of a disk, Your Honor, but I'd ask for permission to publish by way of the laptop.
JUDGE EVERETT: You may.
(Video recording published in open court. There is no audio on this video.)
BY MS. CAPPLEMAN
MS. CAPPLEMAN: All right. If you'll kind of walk us through what we're looking at here.
PATRICK SANFORD: This is from the roof of the Premier Gym. This is off of the north side facing toward the Fresh Market, that area. If you're familiar with that area, Fresh Market is off to the right. This is the entrance to the right of the screen, and there's also the main entrance which is way further left of the screen that you can't see here.
MS. CAPPLEMAN: Okay. But this is a portion of the parking lot where the cars are lined up there?
PATRICK SANFORD: That's correct. Those are -- those are people parked in the parking lot of the gym.
MS. CAPPLEMAN: Okay. we're seeing a blue circle around a dark vehicle. Could you tell us what that indicates?
PATRICK SANFORD: That is Mr. Markel's vehicle.
MS. CAPPLEMAN: And this is him entering the gym at 9:11 a.m.?
PATRICK SANFORD: That's correct. He just came into the parking lot and is going around to the front side of the gym.
MS. CAPPLEMAN: All right. Now what are we looking at?
PATRICK SANFORD: This is just a different angle a little bit further back, and this is Mr. Markel immediately preceding the video we just saw where he's coming in, in the -- coming into the front of the gym.
MS. CAPPLEMAN: Is he gonna park somewhere?
PATRICK SANFORD: Yes. He parked right behind that American flag.
MS. CAPPLEMAN: All right. That was 9:12. What is this camera angle?
PATRICK SANFORD: This is the same angle. It's just a little bit further to the left, and that is the front of the gym right there where the green Prius just drove right in front of the front door of the gym.
MS. CAPPLEMAN: All right. So they entered through a different -- entered the parking lot through different entrances.
PATRICK SANFORD: That's correct. They entered over off of the -- the west side of the parking lot.
MS. CAPPLEMAN: All right. So we see the Prius here, and we know where Mr. Markel is parked there behind the flagpole. what is that?
PATRICK SANFORD: Correct. He's still in the vehicle. Just exited his vehicle there, I believe.
MS. CAPPLEMAN: All right. The blue circle indicates that's him getting out of his vehicle?
PATRICK SANFORD: correct.
MS. CAPPLEMAN: And where is the Prius at this time?
PATRICK SANFORD: The Prius continued on to the parking lot on the north side.
MS. CAPPLEMAN: All right. Now, at 9:13 a.m., is that Mr. Markel in the red?
PATRICK SANFORD: Yes, it is.
MS. CAPPLEMAN: Do we have any reason to believe that any suspect entered the gym?
PATRICK SANFORD: No, we do not.
MS. CAPPLEMAN: How long was Professor Markel inside the gym?
PATRICK SANFORD: I believe about an hour and a half. I believe it was about 10:38 when he leaves, somewhere around there.
MS. CAPPLEMAN: Okay. What are we looking at here outside at 9:16 a.m.?
PATRICK SANFORD: 9:16 the green Prius is still driving through the parking lot, but it's coming back from where it had passed through, coming back toward the gym.
This is on the south side of the parking lot of the gym, and the green Prius just drove through there and is driving around the parking lot still.
Again, the vehicle has turned around and is coming back toward the gym in the same parking lot.
MS. CAPPLEMAN: Almost get in a wreck there.
PATRICK SANFORD: Just missed.
MS. CAPPLEMAN: Okay. What's happening here?
PATRICK SANFORD: This is Mr. Markel exiting the lobby of the gym, coming through the lobby.
MS. CAPPLEMAN: All right. At 10:34 what do we see?
PATRICK SANFORD: We see Mr. Markel walking away from the front doors of the parking -- in the parking lot towards his vehicle.
MS. CAPPLEMAN: So we saw Mr. Markel's vehicle leaving. Is that the Prius that was back there in that orange circle?
PATRICK SANFORD: That's correct. They were in the far northwest part of the parking lot parked, and when he exited, they started to exit. And he exited on the village Square -- Village Square Boulevard exit.
MS. CAPPLEMAN: SO we never saw anybody exit the Prius during the surveillance video?
MS. CAPPLEMAN: They stayed in the car the whole time?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Were you able to learn anything about the suspect vehicle from the surveillance images as far as color?
PATRICK SANFORD: We were. We were able to determine the approximate -- approximate year range of that type of vehicle based on the body style and going to the Toyota dealership and other experts and were able to determine that it was a 2006 to 2009 Toyota Prius with a -- "Silver Pine Mica" is the name of the paint, which is kind of light green.
MS. CAPPLEMAN: Were you able to learn anything or find any other surveillances to establish anything about the route the victim took to and from the gym?
PATRICK SANFORD: Yes, we were.
MS. CAPPLEMAN: What evidence was that?
PATRICK SANFORD: we were able to obtain city bus video. All the city buses have video on the exterior and the interior of them. We went back along the route that he took, and -- we believe he took -- and reviewed bus footage video of that and found footage of the vehicles.
MS. CAPPLEMAN: All right. And just to try to get our timeline as near as we can, this gym video ends at 10:38 a.m. What time did the 911 call come in?
PATRICK SANFORD: Came in, I believe, 11:02.
MS. CAPPLEMAN: And have you had an opportunity to review the exhibit, State's Exhibit 84, with a video from the buses that's been put together similarly to how we did the gym surveillance?
PATRICK SANFORD: Yes, I have.
MS. CAPPLEMAN: And is it fair and accurate?
PATRICK SANFORD: It is.
MS. CAPPLEMAN: Judge, at this time I'd ask to introduce State's -- let me check on the exhibit number -- 84, which is the bus video clips.
JUDGE EVERETT: Any objection?
MR. RASHBAUM: No objection.
JUDGE EVERETT: State's 84 is admitted.
(State's Exhibit 84 received in evidence.)
BY MS. CAPPLEMAN
MS. CAPPLEMAN: What are bus videos? where are cameras mounted on?
PATRICK SANFORD: On that -- on the exterior and the interior of the buses, and it's for safety purposes and for review purposes for the city.
MS. CAPPLEMAN: How are you able to know what -- how to find this stuff?
PATRICK SANFORD: We were able to find out which route the bus took, which buses took which routes at which times. We looked for that exact bus route along Thomasville Road during that time period.
MS. CAPPLEMAN: So did you have to look through quite a bit of footage to get the little bits we're gonna look at?
PATRICK SANFORD: Yes, the team did.
MS. CAPPLEMAN: All right.
MS. CAPPLEMAN: Permission to publish State's 84, Your Honor?
JUDGE EVERETT: You may.
MS. CAPPLEMAN: The actual exhibit is in the form of a disk, Your Honor.
BY MS. CAPPLEMAN
MS. CAPPLEMAN: All right. So where are we right here on the video?
PATRICK SANFORD: This is right in front of the Circle K gas station, which is right on Thomasville Road at the Capital Circle flyover. I believe it's Maclay Commerce Boulevard is the actual road that they're on.
MS. CAPPLEMAN: All right. So if we're the bus, we're on Maclay Commerce?
PATRICK SANFORD: That's correct. In the -- and the Circle K is to the right, and right in front of us is Thomasville Road with the divider where Capital -- Capital Circle flyover starts.
MS. CAPPLEMAN: what does the blue circle indicate?
PATRICK SANFORD: That is the vehicle of Mr. Markel.
MS. CAPPLEMAN: What time are we seeing him pass that area?
PATRICK SANFORD: That is at 10:44.
MS. CAPPLEMAN: Okay. So is that consistent with going back home from the gym?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Okay. And this is bus -- we've got a couple of different buses in play here; right? This one's 505?
PATRICK SANFORD: Correct. 505.
MS. CAPPLEMAN: And what's the orange circle indicate?
PATRICK SANFORD: That is the green Prius that was in the parking lot of Premier Gym.
MS. CAPPLEMAN: All right. We're still on bus 505. what does this show?
PATRICK SANFORD: So this is on Thomasville Road heading south, just south of the I-10. This is the entrance where the hospital is to the right, the red light.
MS. CAPPLEMAN: By "hospital" you're talking about the new ER?
PATRICK SANFORD: The new ER, exactly, right by I-10 and Thomasville Road.
MS. CAPPLEMAN: Were you able to get the tag number from this image from the bus?
PATRICK SANFORD: No. Unfortunately, we weren't. The resolution on these cameras are set really low because they're saved on DVRs, and they don't want them to roll over too fast, so they set the route resolutions extremely low, and we were not able to pull anything out of that.
MS. CAPPLEMAN: Where is Professor Markel's vehicle at this point?
PATRICK SANFORD: It is past the red light. It's already made it through the red light. It's still heading south on Thomasville Road.
MS. CAPPLEMAN: And that's almost 10:48 a.m. Is that time correct at the bottom there?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: And now we're at 10:51 p.m. -- I'm sorry -- a.m. Still bus 505.
MS. CAPPLEMAN: Will you pause it, please?
BY MS. CAPPLEMAN
MS. CAPPLEMAN: What does the orange circle indicate here? where are we, and what does the circle indicate?
PATRICK SANFORD: we're still southbound on Thomasville Road. This intersection is Betton Road. This is where Winthrop Park is. Betton Road is where the cars are stopped at, and the left-hand turn lane on the far left side of the screen is the green Prius waiting to turn left onto Betton Road.
MS. CAPPLEMAN: And is that a route to get to Professor Markel's residence on Trescott?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: At 10:51 a.m.?
PATRICK SANFORD: correct.
MS. CAPPLEMAN: Okay.
All right. Now have we gone to a different bus?
PATRICK SANFORD: Yes. This is bus 707.
MS. CAPPLEMAN: And what are we looking at on bus 707?
PATRICK SANFORD: So this is northbound on Thomasville Road at Hermitage. This is at 10:55 a.m., and there's two lanes there. They're in the right-hand lane -- the bus is in the right-hand lane. But the camera is on the outside of the bus looking backwards, so you'll see oncoming traffic coming behind the bus.
MS. CAPPLEMAN: What do we see here?
PATRICK SANFORD: We see a green Prius pulling up next to the bus.
MS. CAPPLEMAN: This is 10:55. we last saw them at 10:51. Does that narrow our murder window down to that four minutes?
PATRICK SANFORD: That's correct. This is north of the -- where the victim was, and this is coming from the victim's house.
MS. CAPPLEMAN: I think we've prepared a second clip -- if you just let it play through -- of that in slow motion. Tell us what we're supposed to be looking for in this clip.
PATRICK SANFORD: So you can see inside of the vehicle. Even though it has the tinted windows, you can see the driver is wearing dark clothes, but the passenger appears to have a long-sleeve white shirt, and he's very animated in the passenger seat. You can also see some distinctive features of the car.
MS. CAPPLEMAN: Okay. I think we've got those highlighted here in a moment.
And what are the distinctive features?
PATRICK SANFORD: So the first one on the lower right-hand corner is what's called tow hook cover. Vehicles in the bumper have -- some vehicles have a little plate in there that you can remove, and it has a metal hook inside of it so a tow truck can hook to that metal hook and pull the car if it needs to. This particular vehicle is missing its tow hook cover. You can see there's a hole in the front bumper. So it's been removed and not been replaced.
Also in the front windshield is a SunPass. It was fixed to the windshield. And then on the far left side of the screen is the black rear view mirror of the vehicle. Toyota Priuses made in those years had matching mirrors. The mirrors were painted with the car, same color of the car, and you can see in the video the driver's side mirror was still painted, but the passenger side mirror was black, indicating it had been damaged and been replace by an aftermarket mirror.
MS. CAPPLEMAN: Okay. And what is a SunPass transponder?
PATRICK SANFORD: SunPass transponders are used primarily in South Florida, especially back then. we didn't really have any SunPass toll booths up here. But they're used to pay for tolls, going on toll roads, where you don't have to stop and pay cash, and you can pay for it --
MS. CAPPLEMAN: So after --
PATRICK SANFORD: I'm sorry.
MS. CAPPLEMAN: I'm sorry I interrupted you. Go ahead.
PATRICK SANFORD: You can pay for it in advance, assign it to your car, create an account, and affix it to your vehicle so you don't have to stop going through toll booths?
MS. CAPPLEMAN: When you observed that it appeared there was a SunPass transponder on this vehicle back at this time, when did you obtain this video? Do you know?
PATRICK SANFORD: This was back in 2014.
MS. CAPPLEMAN: Okay. Did it signify to you this vehicle may have come from South Florida?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: What efforts were made to follow up on the SunPass?
PATRICK SANFORD: So we ended up working with an investigator with Florida Department of Transportation who maintains Florida SunPass. We gave him subpoenas, and we ended up thinking the best route for somebody to go to South Florida with a SunPass would be through Orlando. wWe obtained -- we obtained video in Orlando, tried to see if that green Prius passed through any of the toll booths there. We also obtained lists of all green Priuses in that year range that had a registered SunPass to it.
MS. CAPPLEMAN: How many of those were there?
PATRICK SANFORD: Thousands.
MS. CAPPLEMAN: All right. Let's let this exhibit finish.
And in our view here, can you explain what this is?
PATRICK SANFORD: This is the same bus as the light turned green at Hermitage showing north on Thomasville, and this is the green Prius passing the bus.
MS. CAPPLEMAN: So as far as pulling the needle out of the haystack finding this one Prius, it didn't work from the SunPass alone?
PATRICK SANFORD: No, not from the SunPass alone.
MS. CAPPLEMAN: All right. Was any work done to try to zero in on some cell phone analysis around the locations where we know the suspect Prius was that day?
PATRICK SANFORD: Yes, there was.
MS. CAPPLEMAN: Okay. And was Sergeant Corbitt the person responsible for working on the cell phone analysis?
PATRICK SANFORD: He was.
MS. CAPPLEMAN: Including looking for any phones of interest traveling in those areas that might have been following Dan Markel?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: All right. And based on the analysis that we're gonna here from Sergeant Corbitt, did you develop an idea of the route that the suspects may have taken?
PATRICK SANFORD: We did.
MS. CAPPLEMAN: I know you said you had already tried the SunPass booths in Orlando, which is one potential route to South Florida.
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Okay. What did the phone evidence lead you to look at instead of that route?
PATRICK SANFORD: we were able to obtain those phone records that showed the vehicle traveled down 75 and did not go through Orlando. It took I-10 to 75 all the way down -- actually on the way up also -- but on the way down, down 75 through Tampa, through Naples, then across Alligator Alley on 75 to Miami.
MS. CAPPLEMAN: All right. So sort of not the expected route?
PATRICK SANFORD: Correct. It's a much -- it's a longer route than going through the turnpike down through Orlando.
MS. CAPPLEMAN: All right. And you already suspected the vehicle was headed south, I guess, based on just the existence of the SunPass transponder?
PATRICK SANFORD: correct.
MS. CAPPLEMAN: Okay. And that's sort of corroborated by these phone records?
PATRICK SANFORD: correct.
MS. CAPPLEMAN: Did you -- so now that you learned that the vehicle traveled this other route through Alligator Alley, did you find anyplace where the SunPass transponder went through -- I guess there's some toll booths that you have to go through if you go that route as well; right?
PATRICK SANFORD: That's correct. It was --
MS. CAPPLEMAN: Where -- where are those located?
PATRICK SANFORD: They're basically on Alligator Alley. There's one going eastbound on the -- I'm sorry -- going west down on the east side in Broward County when you leave Miami going across Alligator Alley. There's one there going -- if you're traveling westbound. Then on the way back there was one going eastbound just outside of Naples.
MS. CAPPLEMAN: And were you able to find a Prius going through those SunPasses that might have been our Prius?
PATRICK SANFORD: Yes, we were.
MS. CAPPLEMAN: How were you able to do that? what did you ask for?
PATRICK SANFORD: we asked for particular times. we knew what times -- about what time they went through the toll booth, so we asked for any green Priuses around those times that had activated the SunPass.
MS. CAPPLEMAN: And how many green Priuses traveled through the SunPass booth both going and coming at the same -- in the same time windows you were looking for?
PATRICK SANFORD: Just one.
MS. CAPPLEMAN: All right. And from that were you able to identify the particular SunPass transponder that we were looking for that was affixed to the suspect vehicle?
PATRICK SANFORD: we were.
MS. CAPPLEMAN: How did you do that?
PATRICK SANFORD: We went back to -- went to Florida Department of Transportation and asked for that particular detail for that transponder. They gave us a subscriber for that particular one.
MS. CAPPLEMAN: And who was the subscriber?
PATRICK SANFORD: It was a company called “Hybrid Auto Rental" also called "Save Gas," and it's out of -- down on Biscayne Boulevard in North Miami.
MS. CAPPLEMAN: All right. Did you go there?
PATRICK SANFORD: I did.
MS. CAPPLEMAN: All right. what did you learn about the suspect vehicle from Save Gas?
PATRICK SANFORD: By the time we got there, he had already sold the vehicle. It was over a year later. But it was -- it was rented by Luis Rivera. They provided us with the -- basically we received the contract where it was rented during that time period.
MS. CAPPLEMAN: So from the paperwork that you got from Save Gas, you learned -- you got a rental contract that showed who rented the vehicle?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Okay. And also any information about the vehicle itself like a VIN or a tag number?
PATRICK SANFORD: Yeah. That's correct. He gave all the information on the vehicle too.
MS. CAPPLEMAN: What is this place, Save Gas, like? Is that like an Enterprise or something else?
PATRICK SANFORD: No. It's a small, locally owned, individually owned car rental place that kind of repairs his own vehicles, buys themselves vehicles, and rents them out.
MS. CAPPLEMAN: Judge, at this time I'd ask to introduce the rental agreement, State's 58.
JUDGE EVERETT: Any objection?
MR. RASHBAUM: No objection.
JUDGE EVERETT: State's 58 is admitted.
(state's Exhibit 58 received in evidence.)
BY MS. CAPPLEMAN
MS. CAPPLEMAN: So if you can kind of walk us through ...
All right. Walk us through this information that's in the renter's information block.
PATRICK SANFORD: Yes. At the top left, it's -- the renter information is Luis Rivera. It has his address that matches the driver's license address, and it has a telephone number down below that.
MS. CAPPLEMAN: This phone number here?
PATRICK SANFORD: correct.
MS. CAPPLEMAN: And was this information up here also of interest to law enforcement?
PATRICK SANFORD: It was. That number that has brother next to it, that was one of the numbers that -- numbers of interest that gave us the -- the pattern going down to South Florida.
MS. CAPPLEMAN: All right. And was this number associated with a person eventually?
PATRICK SANFORD: It was.
MS. CAPPLEMAN: And who is that person?
PATRICK SANFORD: Sigfredo Garcia.
MS. CAPPLEMAN: And then we've got some other information on here about when the vehicle was rented. Were you able to deduce from this when the vehicle was due back?
PATRICK SANFORD: Yes. It was supposed to be back -- I believe that's toward the bottom, if I'm not mistaken.
MS. CAPPLEMAN: Here, I'll bring it up there to you.
PATRICK SANFORD: I'm sorry. Yeah. The date it was rented was 7/15 at 6:15 p.m., and it was due back on 7/17.
MS. CAPPLEMAN: So July 15th of 2014?
PATRICK SANFORD: Correct. 2014.
MS. CAPPLEMAN: That's when it was rented?
PATRICK SANFORD: correct.
MS. CAPPLEMAN: And it was supposed to be back July 17th?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: Did it get returned on time?
PATRICK SANFORD: No, it did not.
MS. CAPPLEMAN: All right. Is there anything on that document in reference to the extension of time?
PATRICK SANFORD: Yes. Down at the bottom, it also shows that from 7/18 through 7/20 it says, I believe, 965, paid cash. And then 7/20 to 7/21, it shows a $55 balance and some other numbers where they ended up having to pay it, and some other notes about paying cash out of the deposit.
MS. CAPPLEMAN: So it looks like they didn't return it until July 21st?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: All right. And you said that the phone number listed on top there with the word "brother" turned out to be Sigfredo Garcia's phone number. How do we know that's his phone number?
PATRICK SANFORD: It was listed one time on a Facebook page that was associated with him and also listed on a pawn receipt where he had pawned some -- I believe it was some jewelry and used his fingerprint on that -- had to place his fingerprint on the pawn receipt when he did it, and it listed that phone number as his.
MS. CAPPLEMAN: Okay. I want to publish what's been introduced as State's -- I'm going to show you State's 59 first and ask you if you recognize State's 59?
PATRICK SANFORD: I do.
MS. CAPPLEMAN: How do you recognize this?
PATRICK SANFORD: I recognize it as an exhibit that lists the subjects in this investigation.
MS. CAPPLEMAN: And is the information contained on the exhibit fair and accurate?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: Judge, I'd ask to introduce State's 59.
JUDGE EVERETT: Any objection?
MR. RASHBAUM: No objection.
JUDGE EVERETT: State's 59 is admitted.
(State's Exhibit 59 received in evidence.)
BY MS. CAPPLEMAN
MS. CAPPLEMAN: All right. So you were saying there was a Facebook post or a Facebook account linked to this phone number with a photograph of Sigfredo Garcia as the owner of the account?
PATRICK SANFORD: Correct. It was labeled "Tuto Day,™ but it was a picture of Sigfredo Garcia.
MS. CAPPLEMAN: All right. And throughout the course of your investigation, have you come to know Tuto Day or Tuto as a nickname for Sigfredo Garcia?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: And does anybody else on this State's Exhibit 59 have a nickname?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: who is that?
PATRICK SANFORD: Luis Rivera is also know as Tato.
MS. CAPPLEMAN: And were you able to subpoena phone records for all the people shown on this State's Exhibit 59?
PATRICK SANFORD: We were.
MS. CAPPLEMAN: All right. And establish -- so obviously establish phone numbers for the phone numbers they were all using at the time of the homicide?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Did you conduct any investigation into Katherine Magbanua and her employment status around the time of this homicide?
PATRICK SANFORD: We did.
MS. CAPPLEMAN: What did you learn about her employment status?
PATRICK SANFORD: At the time of the homicide, she was -- shortly after the homicide, I believe it was about two months after the homicide, she became employed with the Adelsons.
MS. CAPPLEMAN: Okay. But at the actual time of the homicide, anything other than maybe odd jobs?
PATRICK SANFORD: Right. Just odd jobs and maybe some bartending work.
MS. CAPPLEMAN: All right. What is the Adelson Institute?
PATRICK SANFORD: It's a family-owned dentist practice in South Florida.
MS. CAPPLEMAN: All right. And did you go to the Adelson Institute?
PATRICK SANFORD: I did.
MS. CAPPLEMAN: Did you attempt to subpoena employment records for Katherine Magbanua at that business?
PATRICK SANFORD: Yes, I did.
MS. CAPPLEMAN: All right. Tell us about that.
PATRICK SANFORD: Myself and Investigator Isom approached the business with a subpoena. Went in, spoke with the lady at the front desk, told her we had a subpoena for records for Katherine Magbanua, made some inquiries about her employment there. And they continued to bring somebody else up and talk to us about it and then went back in the back and made a phone call.
MS. CAPPLEMAN: Okay. So when you went in there, Katherine Magbanua was not physically present there?
PATRICK SANFORD: She was not.
MS. CAPPLEMAN: Was she still receiving checks at the time that you went in there?
PATRICK SANFORD: Yes, I believe she was.
MS. CAPPLEMAN: Okay. And did the employees in there seem to know what she did there?
PATRICK SANFORD: No, not at all.
MS. CAPPLEMAN: All right. Were you eventually provided with some documentation from that business?
PATRICK SANFORD: Later on, yes.
MS. CAPPLEMAN: I'm going to show you what I marked as State's 60.
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: Do you recognize it?
PATRICK SANFORD: Yes, I do.
MS. CAPPLEMAN: Okay. What is State's 60?
PATRICK SANFORD: It's a list of checks that were issued to Katherine Magbanua.
MS. CAPPLEMAN: And is this exhibit the complete information that you were provided by the Adelson Institute in response to your subpoena for the entire employee file of Katherine Magbanua?
PATRICK SANFORD: Yes, this is it. This is all they provided.
MS. CAPPLEMAN: All right. And you mentioned a list of checks. Was there anything in here that --
MS. CAPPLEMAN: IT, if you're listening, we need feedback support.
BY MS. CAPPLEMAN
MS. CAPPLEMAN: Any indication of what her job was there?
MS. CAPPLEMAN: Any indication of, like, her schedule?
MS. CAPPLEMAN: Timesheets?
PATRICK SANFORD: Nothing.
MS. CAPPLEMAN: Employment application?
MS. CAPPLEMAN: w-2?
MS. CAPPLEMAN: Any tax forms?
MS. CAPPLEMAN: Performance evaluations or anything like that?
PATRICK SANFORD: Nothing.
MS. CAPPLEMAN: And over what period was she being paid according to the records that were provided to you?
PATRICK SANFORD: I believe it started in September of ‘14 and went through early 2016, maybe --
MS. CAPPLEMAN: March 31st of ‘16?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: And so that -- those payments began about two months after the homicide?
PATRICK SANFORD: correct.
MS. CAPPLEMAN: And did you notice in the records that were provided that some of the check numbers were consecutive, meaning consecutive numbers?
PATRICK SANFORD: Yes, we did.
MS. CAPPLEMAN: Did you ever get any evidence that Ms. Magbanua was physically going to the Adelson Institute to perform any kind of duties there?
PATRICK SANFORD: No. We never obtained any evidence to show that at all.
MS. CAPPLEMAN: All right. And there was some surveillance at some time being performed of her person; right?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Can you tell us about that? What -- what time frame was she being monitored?
PATRICK SANFORD: We started monitoring her in late 2015, probably November. Basically had electronic surveillance on her residence. Plus we also had -- were monitoring her phone locations on her historically and prospectively.
MS. CAPPLEMAN: And how long was that the case? How long was she being monitored? what period of time?
PATRICK SANFORD: Electronic video surveillance was from November of ‘15 until -- until she no longer lived at that apartment.
MS. CAPPLEMAN: All right. And through any of those means that you described, were you able to deduce what it was that she was doing for the Adelson Institute in person or remotely?
PATRICK SANFORD: No, not at all.
MS. CAPPLEMAN: All right. We're gonna hear -- we heard in opening that there was a wiretap in this case. Any -- anything on the wiretap that indicated what she was doing for that business?
PATRICK SANFORD: There was a couple of references about cleaning up on the weekends. That was about it, though.
MS. CAPPLEMAN: Okay. And, again, any -- we would have known if she had gone there to clean up on the weekends; right? It was during the timeframe she described?
PATRICK SANFORD: That's correct,
MS. CAPPLEMAN: And that didn't happen?
PATRICK SANFORD: It did not.
MS. CAPPLEMAN: One moment, please, Your Honor.
No further questions, Your Honor.
JUDGE EVERETT: Cross-examination?
MR. RASHBAUM: Thank you, Your Honor.
JUDGE EVERETT: MS. Cappleman, if you can move the lecturn slightly over to the left. And it's not sitting on any wires, is it?
MS. CAPPLEMAN: I don't think so.
MR. RASHBAUM: I'm gonna move it anyway. Don't worry.
MS. CAPPLEMAN: Okay.
MR. RASHBAUM: I'm gonna move it way over here.
JUDGE EVERETT: All right. Try not to jockey with the microphones. That might be causing some of the feedback.
MS. CAPPLEMAN: Okay.
CROSS-EXAMINATION BY MR. RASHBAUM:
MR. RASHBAUM: Good afternoon.
PATRICK SANFORD: Good afternoon.
MR. RASHBAUM: Let's actually start where we left off, the checks.
PATRICK SANFORD: Okay.
MR. RASHBAUM: Okay. The checks began two months after the date that Professor Markel was murdered, give or take?
PATRICK SANFORD: That's what the date on the checks were for that employment; correct.
MR. RASHBAUM: And the checks were in batches -- right? -- often?
PATRICK SANFORD: They seemed to be. The sequence of the check numbers were in batches; correct.
MR. RASHBAUM: So just so everyone understands what that means, you would see a check for check No. 1, 2, 3, and 4, for instance. And you would see those checks, even though they were the mext checks in the book, they'd be for payments every two weeks essentially?
PATRICK SANFORD: Correct. What the -- what I observed was a few checks in sequence. And at the bottom it would give date ranges of when they were for, and they would be for two-week segments, and then the very next check was for another two-week segment later on, and then there was other checks in the system that were dated in -- dated out of range of those.
MR. RASHBAUM: So it looked like Ms. Magbanua was given a stack of checks at a time, for instance. Fair -- fair assumption?
PATRICK SANFORD: Sometimes, yes.
MR. RASHBAUM: Okay. Those checks, when you added them up, they were about $1,000 a month; right?
PATRICK SANFORD: I believe so. Yeah, it was, like, 460 a month or something like that -- or every two weeks I mean.
MR. RASHBAUM: 460 every two weeks?
PATRICK SANFORD: Correct.
MR. RASHBAUM: Which -- I'm not great at math. 920. And there's taxes, a little bit of taxes taken out; right?
PATRICK SANFORD: Sure. Correct.
MR. RASHBAUM: So about $1,000 a month?
PATRICK SANFORD: Correct.
MR. RASHBAUM: Now, I think you testified that the State's theory of why this murder occurred was partially a murder because of the desire of Ms. Adelson to relocate. I think that's what you testified on direct. Is that fair to say?
PATRICK SANFORD: That's fair.
MR. RASHBAUM: You're aware that the relocation motion was denied in June of 2013; right?
PATRICK SANFORD: Correct.
MR. RASHBAUM: And that's more than a full year before the murder; right?
PATRICK SANFORD: The relocation was in June of "13? Yes.
MR. RASHBAUM: The murder was in middle of July of 2014.
PATRICK SANFORD: Right, right. Correct.
MR. RASHBAUM: As part of your investigation, did you learn that no one really thought the relocation motion was gonna be successful?
PATRICK SANFORD: I don't know about no one, but there was some indication that they thought it might not be successful. Correct.
MR. RASHBAUM: Did you try to speak to Ms. Adelson's lawyer?
PATRICK SANFORD: I did not, no. Tallahassee Police Department did at one point.
MR. RASHBAUM: And did they learn that the motion was, as she says in an email, “a moon shot"?
PATRICK SANFORD: I don't know that.
MR. RASHBAUM: Now, you discussed in your direct examination, you talked about some of these emails. Do you recall that?
PATRICK SANFORD: Yes.
MR. RASHBAUM: Actually, before we get there -- no. Actually let's stay there.
Those emails, you reviewed them?
PATRICK SANFORD: I reviewed some of them, not all of them. The team did.
MR. RASHBAUM: Okay. Out of the ones that you reviewed, anything in those emails about murder?
PATRICK SANFORD: About murder? No.
MR. RASHBAUM: Anything in those emails about violence?
PATRICK SANFORD: Not that I saw, no.
MR. RASHBAUM: Anything in those emails about any type of illegal activity at all?
PATRICK SANFORD: Not that I recall. I mean, the bribe itself wouldn't be illegal, I don't think.
MR. RASHBAUM: In fact, in regard to the $1 million email I think is the one that you're referring to, did you see emails where they were consulting lawyers about whether that million-dollar offer was legal?
PATRICK SANFORD: I did.
MR. RASHBAUM: So fair to say, as crazy as the emails were -- we agree they're crazy; right?
PATRICK SANFORD: Yes.
MR. RASHBAUM: There was at least some sanity to make sure what they were doing was legal; right?
PATRICK SANFORD: One portion of it, yes.
MR. RASHBAUM: Now, those emails -- did you see any emails where any of these ideas were coming from Charlie Adelson?
PATRICK SANFORD: I saw some emails where they were discussed with him apparently.
MR. RASHBAUM: But anytime where he was actually coming up with the ideas as opposed to being copied on the email where he says, okay, sounds good?
PATRICK SANFORD: I think it was some reference of her saying she discussed it with him, but I did not see emails from him. No.
MR. RASHBAUM: Meaning Donna discussed it with him?
PATRICK SANFORD: Correct.
MR. RASHBAUM: His mother?
PATRICK SANFORD: correct.
MR. RASHBAUM: The $1 million email, I think we'll talk about this later in more detail when you're back, but let's just tie it up here a little bit.
You've listened to Mr. Adelson on the phone a lot; right?
PATRICK SANFORD: I did.
MR. RASHBAUM: Is it fair to say he's a big talker?
PATRICK SANFORD: That's fair.
MR. RASHBAUM: Is it fair to say he repeats himself a lot?
PATRICK SANFORD: That is very fair.
MR. RASHBAUM: During your investigation, are you aware that this $1 million idea where Mr. Adelson was gonna lend a third of a million dollars that he talked to a lot of people about that idea? Are you aware of that through your investigation?
PATRICK SANFORD: I am not aware of that.
MR. RASHBAUM: Now, back to the divorce, are you aware that the divorce between Professor Markel and Ms. Adelson was finalized in July of 2013?
PATRICK SANFORD: That's my understanding, yes. Correct.
MR. RASHBAUM: Again, that's about a year before the murder; correct?
PATRICK SANFORD: correct.
MR. RASHBAUM: And after Ms. Adelson's relocation motion was denied, are you aware that she was determined to make a life for herself in Tallahassee?
PATRICK SANFORD: I don't know if I can speak to that.
MR. RASHBAUM: well, let me see if I can help you.
You went through Ms. Adelson's emails as well in your investigations?
PATRICK SANFORD: I did not. The team did.
MR. RASHBAUM: Did anyone from the team talk to you about those emails?
PATRICK SANFORD: Some of them.
MR. RASHBAUM: All right. Well, let's see if you are aware of some of these,
Are you aware that she was looking to buy property in Tallahassee?
PATRICK SANFORD: No, I was not.
MR. RASHBAUM: You didn't see any emails to that effect?
PATRICK SANFORD: I did not personally, no.
MR. RASHBAUM: Are you aware that she was looking to enroll her kids in schools -- a new school in Tallahassee for the fall of 2014? In other words, after the time when Mr. Markel was murdered?
PATRICK SANFORD: I know there was discussions about that with Mr. Markel. I'm aware of that.
MR. RASHBAUM: Are you aware that she was scheduling plans with friends in Tallahassee for August of 2014 and for the fall of '13 [sic], all of which would have occurred after the murder? Are you aware of that?
MR. RASHBAUM: You didn't see those in any emails that you reviewed?
PATRICK SANFORD: I did not see those, no.
MR. RASHBAUM: Are you aware that she was scheduling business meetings for late July 2014? Did you see emails on them?
PATRICK SANFORD: I did not see that, no.
MR. RASHBAUM: Are you aware that she purchased plane tickets leaving for Tallahassee to go to a wedding out of state? Those plane tickets were purchased in June, but they were purchased for an October wedding. She bought plane tickets to leave from Tallahassee. Are you aware of that?
MR. RASHBAUM: Are you aware that her family, including Mr. Adelson, was planning to come up to Tallahassee in August 2014 when Ms. Adelson was gonna be honored at FSU?
MR. RASHBAUM: You didn't see any emails on that either, did you?
PATRICK SANFORD: I didn't.
MR. RASHBAUM: But you're aware that the State subpoenaed Ms. Adelson's emails; right?
PATRICK SANFORD: I am.
MR. RASHBAUM: Now, you also mentioned this -- I like to call it "the grandmother motion." Can we call it that?
PATRICK SANFORD: Sure.
MR. RASHBAUM: In March of 2014, there's these -- it actually starts earlier. It starts --
MR. RASHBAUM: Can I have that big binder?
PATRICK SANFORD: It was February.
JUDGE EVERETT: The clerk has it.
MR. RASHBAUM: All right. well, it's okay.
BY MR. RASHBAUM:
MR. RASHBAUM: Somewhere in that big binder, there's a bunch of litigation back and forth with Ms. Adelson and Professor Markel regarding money?
PATRICK SANFORD: Yes.
MR. RASHBAUM: And at some point in the course of a motion that Wendi Adelson filed, Professor Markel files a motion back, and that's when he -- he seeks to have only supervised visits of the kids with -- with Donna Adelson. That's the motion you were talking about with Ms. Cappleman; correct?
PATRICK SANFORD: correct.
MR. RASHBAUM: And that occurs in early 2014; right?
PATRICK SANFORD: It does.
MR. RASHBAUM: Now, the motion doesn't get heard because Ms. Adelson's lawyer has to recuse herself; right?
PATRICK SANFORD: I believe so.
MR. RASHBAUM: And she has to recuse herself because Professor Markel makes allegations against that lawyer as well?
PATRICK SANFORD: I'm not aware of that, but okay.
MR. RASHBAUM: And so that's part of the reason of the delay of why the motion's not heard. Are you aware of that?
PATRICK SANFORD: I am. Correct.
MR. RASHBAUM: Are you aware that in the course of this litigation in that binder -- I don't want to find the page; I won't be able to -- that the Court chastised, was critical of Professor Markel on this motion?
PATRICK SANFORD: No, I'm not aware of that.
MR. RASHBAUM: Are you aware that the Court highlighted that the motion probably wouldn't be granted?
PATRICK SANFORD: No. I did not -- I did not see that.
MR. RASHBAUM: Are you aware that on July 11th, 2014, this is months after that motion -- well, let me back up.
When you studied this case, is it fair to say that with all the litigation, there were good times, good periods of times after the divorce between Professor Markel and Ms. Adelson as well; right?
PATRICK SANFORD: I can't speak to that. My partner did most of that research, so I was not very familiar with it.
MR. RASHBAUM: Fair enough.
Are you aware that on July Lith, 2014 -- so this is several months after the grandmother motion -- that Professor Markel asked Donna and Harvey Adelson to watch the kids for him?
PATRICK SANFORD: I am not aware of that.
MR. RASHBAUM: Are you aware that he had a function to go to, and Ms. Adelson had another function to go to, and he didn't have childcare for them, and he asked them to watch the kids for him --
MR. RASHBAUM: -- seven days before the murder?
PATRICK SANFORD: Unaware of it.
MR. RASHBAUM: Couple more.
Ms. Cappleman on direct asked you about a life insurance policy. Do you remember that?
PATRICK SANFORD: Yes.
MR. RASHBAUM: And she asked you -- she made it seem like -- well, let me be clear.
Was it your position that Wendi Adelson gained $2 million from that life insurance policy?
PATRICK SANFORD: I believe there is a -- I believe Mr. Markel's sister has custody of that and is supposed to distribute to -- I don't know all the ins and outs of it, but I believe distribute to the children as needed.
MR. RASHBAUM: So let me be clear so the jury is not confused.
Are you aware that Professor Markel had a life insurance policy in March of 2012?
PATRICK SANFORD: I'm not sure of the dates, but I knew he had one.
MR. RASHBAUM: And that originally Wendi Adelson was the beneficiary of that policy?
PATRICK SANFORD: That sounds right.
MR. RASHBAUM: But in October of 2012, two years before his murder, he signed the policy over, making his sister the beneficiary and the custodian for his boys. Are you aware of that?
PATRICK SANFORD: I wasn't sure of the date, but, yes, I'm aware of that.
MR. RASHBAUM: So Wendi Adelson isn't permitted to get any money from that policy without Professor Markel's sister; correct?
PATRICK SANFORD: Yes. Without his sister, yes.
MR. RASHBAUM: I just want to make sure that's clear.
Special Agent, you've been an FBI agent for almost 25 years?
PATRICK SANFORD: Correct.
MR. RASHBAUM: Mostly in Miami; right?
PATRICK SANFORD: No. Here in Tallahassee.
MR. RASHBAUM: In Tallahassee. Okay. Apologies.
You've investigated, fair to say, maybe more than a dozen murders?
PATRICK SANFORD: Fair to say.
MR. RASHBAUM: How many murders-for-hire have you done?
PATRICK SANFORD: Recently?
MR. RASHBAUM: In your life.
PATRICK SANFORD: Over my lifetime, probably half a dozen, but in the past two years, two.
MR. RASHBAUM: So putting this case aside, which I know you believe is a murder-for-hire, putting this case aside, in those cases that you've done that were murder-for-hires, did the hitman get paid over time?
PATRICK SANFORD: Paid over time? Not in those cases.
MR. RASHBAUM: Never -- right? -- in your experience?
PATRICK SANFORD: Not in those particular cases, no.
MR. RASHBAUM: Because hitmen, they usually don't like to be connected to the people they're doing a hit for; right?
PATRICK SANFORD: It's case-by-case basis.
MR. RASHBAUM: But in your experience, hitmen get paid before and after, two payments or one payment?
PATRICK SANFORD: It depends on the circumstances.
MR. RASHBAUM: How about in the ones you've done?
PATRICK SANFORD: Depends on the circumstances. Sometimes after; sometimes before; sometimes both.
MR. RASHBAUM: But in your cases, that's it. It’s either before or one payment after; right?
PATRICK SANFORD: The ones I've investigated have been -- we made arrest on, so they didn't continue on.
MR. RASHBAUM: Okay. You made arrests immediately on them?
PATRICK SANFORD: Yes.
MR. RASHBAUM: Okay. Have you ever -- have you ever done an extortion case?
PATRICK SANFORD: Yes. It's been years ago.
MR. RASHBAUM: And you've seen a lot of the extortion cases, I'm sure, at the bureau?
PATRICK SANFORD: Sure.
MR. RASHBAUM: How do people get paid in extortion cases?
PATRICK SANFORD: Different ways.
MR. RASHBAUM: Mostly they get paid over time; right?
PATRICK SANFORD: They can, if the extortion continues, yes.
MR. RASHBAUM: May I have one moment, Your Honor?
JUDGE EVERETT: Take your time.
(Pause)
MR. RASHBAUM: I have nothing further, Your Honor.
JUDGE EVERETT: Redirect examination?
REDIRECT EXAMINATION BY MS. CAPPLEMAN
MS. CAPPLEMAN: In reference to the money that is set aside for the boys, how does the money get to the little kids from the sister?
PATRICK SANFORD: Through -- Wendi Adelson has to make those requests, and then it's provided to them.
MS. CAPPLEMAN: All right. So per Donna Adelson, in reference to those emails you were asked about, what was the number one objective for Wendi?
PATRICK SANFORD: Relocation to South Florida to be close to family.
MS. CAPPLEMAN: And going through the courts, that failed; right?
PATRICK SANFORD: Correct. It did.
MS. CAPPLEMAN: So whether it was a moon shot or not, it didn't work?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: And as far as making sure the bribe to Dan Markel was gonna be legal, what would Dan Markel have done if they had done something illegal?
PATRICK SANFORD: He would have held it against them.
MS. CAPPLEMAN: He would have nailed their butts with it, wouldn't he?
PATRICK SANFORD: Absolutely.
MS. CAPPLEMAN: Can't do that now, can he?
MS. CAPPLEMAN: Did any of those plans that were gonna take place in Tallahassee after the murder happen?
PATRICK SANFORD: No, they did not.
MS. CAPPLEMAN: Did Wendi buy a house in Tallahassee?
PATRICK SANFORD: No, she didn't.
MS. CAPPLEMAN: Did Wendi fly out of Tallahassee to go to a wedding?
MS. CAPPLEMAN: Did the boys go to school that fall here in Tallahassee?
PATRICK SANFORD: No, they didn't.
MS. CAPPLEMAN: Where did they go to school?
PATRICK SANFORD: In South Florida right across the street from where the grandma lives.
MS. CAPPLEMAN: And why didn't those plans happen in Tallahassee?
PATRICK SANFORD: well, Mr. Markel was murdered.
MS. CAPPLEMAN: Did the grandma motion you were asked about -- they said, well, it probably wasn't gonna get granted. Well, it didn't get granted or denied, did it?
PATRICK SANFORD: It never was heard.
MS. CAPPLEMAN: why not?
PATRICK SANFORD: Because he was murdered.
MS. CAPPLEMAN: No further questions.
JUDGE EVERETT: Agent Sanford, you may step down for now.
(Witness excused)
JUDGE EVERETT: Members of the jury, we're going to take a brief break before we hear from the next witness. The bailiff will escort you to the jury room.
(The jury exited the courtroom.)