Luis Rivera — Direct
703 linesJUDGE EVERETT: Everyone can be seated.
JUDGE EVERETT: You may be seated.
JUDGE EVERETT: Mr. Rashbaum, you can go ahead with the proffer of the witness. Mr. Rivera, let me swear you in at this point.
JUDGE EVERETT: Please raise your right hand, sir.
JUDGE EVERETT: Do you swear or affirm the testimony you're about to give will be the truth? You may take your seat.
MR. RASHBAUM: You're a member of the Latin Kings. Is that right?
LUIS RIVERA: Yes.
MR. RASHBAUM: And that's a violent gang?
LUIS RIVERA: No, we're a family.
MR. RASHBAUM: It's a gang, right?
LUIS RIVERA: Yes, a gang. It's a family.
MR. RASHBAUM: In fact, you were head of the North Miami branch of Latin Kings, right?
LUIS RIVERA: Yes, sir.
MR. RASHBAUM: That's the questions I have, Your Honor.
JUDGE EVERETT: Thank you. Ms. Cappleman do you have anything to raise concerning this in light of what has been proffered as the theory of defense?
MS. CAPPLEMAN: No, Your Honor. I'm still objecting to relevance.
JUDGE EVERETT: As this specifically goes to the defendant's theory of defense, I will permit the line of questioning that has been raised. However, Mr. Rashbaum, you are being cautioned as to going into any matters that are collateral to your theory itself. Do you understand what the line is?
MR. RASHBAUM: I understand, Your Honor.
JUDGE EVERETT: Let's bring in the jurors.
JUDGE EVERETT: Everyone except for Mr. Rivera may be seated. Mr. Rivera, I'm going to swear you now in front of the jury.
JUDGE EVERETT: Please raise your right hand, sir.
JUDGE EVERETT: Do you swear or affirm the testimony you're about to give will be the truth? You may take your seat.
MS. CAPPLEMAN: What is your name, sir?
LUIS RIVERA: Louis Rivera.
MS. CAPPLEMAN: Mr. Rivera, where are you from?
LUIS RIVERA: I'm Puerto Rican but raised in Miami.
MS. CAPPLEMAN: And I see you're wearing a jail uniform. Have you been convicted of a felony?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: How many times?
LUIS RIVERA: Five.
MS. CAPPLEMAN: Sound right? 4, 5?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: All right, and are you currently incarcerated?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Are you serving a sentence for both this case that we're here about and also a federal case?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right, let's start with the federal case. What is the nature of that charge?
LUIS RIVERA: Conspiracy, RICO with the Latin Kings.
MS. CAPPLEMAN: Conspiracy, RICO, like a racketeering?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And that's related to your involvement with the Latin Kings?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Is that a gang?
LUIS RIVERA: Gang, family.
MS. CAPPLEMAN: Okay, and that was a group that you were affiliated with when you lived in Miami?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay, and we've heard that when some incidents occurred during this case you were incarcerated in Broward County. Were you incarcerated in Broward County back in 2016?
LUIS RIVERA: I was never in Broward 2016. Yeah, no, I was in the feds.
MS. CAPPLEMAN: Okay, so you were incarcerated but not in Broward. That was part of the ruse that you were in for?
LUIS RIVERA: Yeah, I was in Broward, but in 2016 I was in the feds. I was in Coleman.
MS. CAPPLEMAN: All right, so at the time of what we're calling the bump, you were actually in federal custody.
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And is that on the racketeering case?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: You're still serving a sentence on that case?
LUIS RIVERA: Absolutely.
MS. CAPPLEMAN: Okay, and is that case in any way related to the murder that we're here about today?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: All right, so when law enforcement came to talk to you and identified you as a suspect in the murder case, you were already serving this sentence unrelated, is that right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Have you been promised anything in reference to that federal case for your testimony here today?
LUIS RIVERA: No.
MS. CAPPLEMAN: All right. And have you ever gotten any help on the federal case for your cooperation in this case?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: All right. What did you get for your cooperation in this case?
LUIS RIVERA: In this case, the murder case, 19 years.
MS. CAPPLEMAN: All right. And was the 19 years to be served concurrently or at the same time with the federal sentence you were already serving?
LUIS RIVERA: Concurrently, the same time as the feds.
MS. CAPPLEMAN: What is your release date once you conclude both sentences?
LUIS RIVERA: By 2032, 2033.
MS. CAPPLEMAN: 32 or 33? 2032 or 2033?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: Okay. And what is it that you have to do in exchange for this 19-year sentence on the murder case?
LUIS RIVERA: I testify.
MS. CAPPLEMAN: All right. And what do you have to testify to?
LUIS RIVERA: The murder.
MS. CAPPLEMAN: All right. And has anyone told you to say anything other than the truth in the case?
LUIS RIVERA: No.
MS. CAPPLEMAN: Have I or anyone promised you anything other than what we've already discussed, the sentence you got?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Anybody ever told you that you had to testify about a specific person in order to get a deal?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: All right, I want to talk about how you came to be a participant in the murder of Dan Markel. Did you participate in his murder?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: How is it that you came to be a part of that?
LUIS RIVERA: From a friend.
MS. CAPPLEMAN: And who's your friend?
LUIS RIVERA: Garcia.
MS. CAPPLEMAN: Who's Garcia? Is that Sigfredo Garcia?
LUIS RIVERA: Sigfredo Garcia, yes.
MS. CAPPLEMAN: How did you know him?
LUIS RIVERA: Childhood.
MS. CAPPLEMAN: And would you — had you described him as a brother previously?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Is that because he was in the gang, or?
LUIS RIVERA: No, he was not in no gang.
MS. CAPPLEMAN: He was not in a gang, but he was a good enough friend that you referred to him as a brother.
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And back around the time that this crime occurred in 2014, were you and Mr. Garcia together all the time?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And Mr. Garcia — is he the one that came to you with the information about this job that needed to be done?
LUIS RIVERA: Absolutely.
MS. CAPPLEMAN: And I say job — is that what this murder was to you?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: So your motive for coming to Tallahassee and participating in this murder was money?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Did you know Dan Markel?
LUIS RIVERA: No.
MS. CAPPLEMAN: Did you know anything about him?
LUIS RIVERA: No.
MS. CAPPLEMAN: All right, so do you know why Garcia — or how Garcia came to know about this murder or this job?
LUIS RIVERA: Yes, girl.
MS. CAPPLEMAN: Who's that?
LUIS RIVERA: Katie.
MS. CAPPLEMAN: All right, so am I correct that Katie hired Garcia and Garcia hired you?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And who was to actually come to Tallahassee to do the murder?
LUIS RIVERA: It was me and him.
MS. CAPPLEMAN: You and Garcia?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: But not Katie?
LUIS RIVERA: No.
MS. CAPPLEMAN: So she stayed in Miami?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right, and who was to get the money once the job was done?
LUIS RIVERA: Katie.
MS. CAPPLEMAN: And did she get the money?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Do you know where she got the money from?
MS. CAPPLEMAN: You know where she got the money from?
LUIS RIVERA: Yeah, the people.
MS. CAPPLEMAN: Who are the people?
LUIS RIVERA: The dentist. I called them the dentist at that time.
MS. CAPPLEMAN: The dentist?
LUIS RIVERA: Like Wendi and her brother.
MS. CAPPLEMAN: Okay, and do you know which one of them actually handed Katie the money?
LUIS RIVERA: No, absolutely not.
MS. CAPPLEMAN: And you weren't there for that?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: So Katie went to get the money from the people, which includes both of them.
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And then brought it back to you.
LUIS RIVERA: Yes.
MS. CAPPLEMAN: Okay, I'm going to talk a little bit more about that in a minute.
MS. CAPPLEMAN: Did you originally describe the purpose behind this murder as helping a lady in Tallahassee get her kids?
LUIS RIVERA: What do you mean?
MS. CAPPLEMAN: Did you describe the — I know your purpose was money.
LUIS RIVERA: Yes.
MS. CAPPLEMAN: But whoever did the hiring had a different purpose, right?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: And what was your understanding of that purpose?
LUIS RIVERA: For the kids.
MS. CAPPLEMAN: To get these kids?
LUIS RIVERA: To get the kids buried.
MS. CAPPLEMAN: And do you know any more about that? Which family member did what, and whose kids they were, or anything like that?
LUIS RIVERA: I don't think I know. The kids was Wendi's.
MS. CAPPLEMAN: They're Wendi's kids?
LUIS RIVERA: Yeah, that's one thing I know.
MS. CAPPLEMAN: Okay, it had something to do with getting Wendi's kids?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Do — you know the dentist?
LUIS RIVERA: No.
MS. CAPPLEMAN: Have you ever met the dentist before?
MS. CAPPLEMAN: What — did the dentist have to do with the lady in Tallahassee that had the kids?
LUIS RIVERA: That's... her brother.
MS. CAPPLEMAN: And what was his connection to you or to Garcia?
LUIS RIVERA: To me, nothing. His connection was, that was Katie's boyfriend.
MS. CAPPLEMAN: All right, so Katie was Garcia's child's mother?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And also was dating Charlie Adelson?
LUIS RIVERA: Absolutely.
MS. CAPPLEMAN: Did you know before you — before the murder was committed — and did you know how much you were going to be paid?
LUIS RIVERA: No.
MS. CAPPLEMAN: When did you find out how much you were going to be paid?
LUIS RIVERA: When we was driving up.
MS. CAPPLEMAN: Okay, so that was before the murder was committed.
LUIS RIVERA: Yeah, yeah, I'm sorry, yeah.
MS. CAPPLEMAN: All right, and so when you were driving up, you found out the job was going to pay how much for you?
LUIS RIVERA: Well, it only gave me $37,000.
MS. CAPPLEMAN: $37,000?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And how much was the total bill for the job?
LUIS RIVERA: It was $100,000.
MS. CAPPLEMAN: And that was split between who?
LUIS RIVERA: Three ways.
MS. CAPPLEMAN: You and who else?
LUIS RIVERA: Me, Garcia, and Katie was —
MS. CAPPLEMAN: Was this job in any way related to your gang affiliation?
LUIS RIVERA: No, absolutely not.
MS. CAPPLEMAN: Let me — show you 37 and 38. Recognize — these photos?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: Are those photos of the folks that were involved in this homicide?
LUIS RIVERA: Yeah, plus another young lady.
MS. CAPPLEMAN: Who's that?
LUIS RIVERA: That's my baby mama. She's not involved.
MS. CAPPLEMAN: Okay, and what's her name?
LUIS RIVERA: Jessica Rodriguez.
MS. CAPPLEMAN: All right. Judge, at this time I ask to move into evidence 37 and 38.
JUDGE EVERETT: Any objection?
MR. RASHBAUM: No objection.
JUDGE EVERETT: State's 37 and 38 are admitted.
MS. CAPPLEMAN: Publish 37 at this time, please.
JUDGE EVERETT: You may.
MS. CAPPLEMAN: Who's that on the far left in the green shirt?
LUIS RIVERA: Garcia.
MS. CAPPLEMAN: Okay, and next to him?
LUIS RIVERA: Katie.
MS. CAPPLEMAN: And next to her?
LUIS RIVERA: Jessica.
MS. CAPPLEMAN: And then that's you on the right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: When was this photo taken?
MS. CAPPLEMAN: Let me ask you this: Was it before or after the homicide?
MS. CAPPLEMAN: If you know.
LUIS RIVERA: I can't remember.
MS. CAPPLEMAN: Did you previously say it was taken sometime after the homicide?
LUIS RIVERA: I can't remember. I can't remember.
MS. CAPPLEMAN: Okay. State's 38.
MS. CAPPLEMAN: Who are these folks?
LUIS RIVERA: That's me and Garcia.
MS. CAPPLEMAN: Did Mr. Garcia go by any nicknames?
LUIS RIVERA: Tuto.
MS. CAPPLEMAN: And what about you? Did you have a nickname?
LUIS RIVERA: Tato.
MS. CAPPLEMAN: Had you ever been to Tallahassee before you came for this murder?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Did you come to Tallahassee one time or more than one time?
LUIS RIVERA: Twice.
MS. CAPPLEMAN: And both times, was that with just you and Garcia?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Both times, did you come in a rental car?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: How long had — can we go back to — how long had Katherine Magbanua and Sigfredo Garcia been, I guess, on again, off again?
LUIS RIVERA: Probably 10 years.
MS. CAPPLEMAN: So at the time of this homicide, they'd been on and off for about 10 years?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay, so you knew her pretty well as far as through Garcia, right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And did she go by Katie sometimes?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Mr.
MS. CAPPLEMAN: Rivera, have you seen this exhibit before?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And have you had an opportunity to take a look at the phone numbers associated with the people on this chart that you know?
LUIS RIVERA: I've seen them, but I don't remember those numbers.
MS. CAPPLEMAN: Have you previously testified about the numbers?
LUIS RIVERA: No, maybe one of them.
LUIS RIVERA: I think it was probably mine.
MS. CAPPLEMAN: Okay. Did you have an opportunity to look at the rental contract that you filled out for the rental car that was used in this homicide, the Prius?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: All right. And that contract has your phone number on it, correct?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: And if that phone number matches the one up there, would that be the correct number for you at that time?
LUIS RIVERA: Or at least one of them — probably one of them. I had multiple phones, though.
MS. CAPPLEMAN: Yeah, you had a couple phones, right? The address that was on the rental contract? Can I see the rental contract? It's Normandy. Normandy — is that where you were living at the time of the murder?
LUIS RIVERA: No, I was just on my license.
MS. CAPPLEMAN: So you provided your driver's license to rent the car?
LUIS RIVERA: Yes, ma'am. License.
MS. CAPPLEMAN: I'm approaching with State's 58.
MS. CAPPLEMAN: It had this 1805 Normandy Drive on your license.
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Where were you actually living at that time?
LUIS RIVERA: I was living with Jessica.
MS. CAPPLEMAN: Okay, and was Jessica's address at 1515 Northeast 135th, number 14?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right, so I want to talk about the first trip.
MS. CAPPLEMAN: Do you know the date that you left to come here for the first trip?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Does June 4th of 2014 sound correct?
LUIS RIVERA: Probably.
MS. CAPPLEMAN: All right. How did you get here? Who drove?
LUIS RIVERA: I drove. He drove half and I drove the other half.
MS. CAPPLEMAN: All right. So you both did some of the driving?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And how — did you know where you were going?
LUIS RIVERA: Oh, he knew his way.
MS. CAPPLEMAN: Who did?
LUIS RIVERA: Garcia.
MS. CAPPLEMAN: How did he know his way?
LUIS RIVERA: He had a piece of paper with an address and the picture.
MS. CAPPLEMAN: What kind of — can you describe what the piece of paper —?
LUIS RIVERA: It was a regular piece of paper.
MS. CAPPLEMAN: Like a regular piece of paper like this size?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Was it white?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: Was it like this kind of paper that goes in a printer?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And what was printed on it?
LUIS RIVERA: It was, uh, the dude's address.
MS. CAPPLEMAN: Okay, was the address printed or handwritten, if you know?
LUIS RIVERA: Man, I can't remember.
MS. CAPPLEMAN: Okay, did it have a photograph on it?
LUIS RIVERA: Yeah. Yeah.
MS. CAPPLEMAN: All right, so it had a photograph and an address. Anything else written on there?
LUIS RIVERA: That's it.
MS. CAPPLEMAN: Or typed?
LUIS RIVERA: Not that I remember.
MS. CAPPLEMAN: Okay. So that's how you knew who you were supposed to kill and where that person lived?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: So you didn't get the address from the prof's blog?
LUIS RIVERA: No.
MS. CAPPLEMAN: You don't read the prof's blog?
LUIS RIVERA: No.
MS. CAPPLEMAN: What do you know of that? Are you on the prof's blog server list?
LUIS RIVERA: No.
MS. CAPPLEMAN: In your presence, did Mr. Garcia get any information about Mr. Markel from a blog?
LUIS RIVERA: No.
MS. CAPPLEMAN: Did either of you, to your knowledge, go on the computer and look on his Facebook?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Or search him in any kind of way?
LUIS RIVERA: Not at all.
MS. CAPPLEMAN: All right. So everything you did, you did from this piece of paper?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Did you go to the address on the paper on the first trip?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Were you able to see Professor Markel that trip?
LUIS RIVERA: No.
MS. CAPPLEMAN: What did y'all do that trip?
LUIS RIVERA: We tried to follow him, but we lost him.
MS. CAPPLEMAN: All right, so you saw his vehicle?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And tried to follow it?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Do you remember where you followed it that trip?
LUIS RIVERA: Not that trip, I don't think. I don't remember.
MS. CAPPLEMAN: Okay, did you watch his home — sit and watch his home — during that first trip?
MS. CAPPLEMAN: Did anybody get out of the car and look around or poke around his property?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Who did that?
LUIS RIVERA: Garcia.
MS. CAPPLEMAN: Why didn't the murder get done on this trip?
LUIS RIVERA: I can't remember.
MS. CAPPLEMAN: Did you have a weapon with you?
MS. CAPPLEMAN: Did you previously say that you each had a firearm on both trips?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: Okay, do you remember which weapon was the murder weapon?
LUIS RIVERA: Yeah, I remember the weapon.
MS. CAPPLEMAN: Where did the murder weapon come from?
LUIS RIVERA: I got it.
MS. CAPPLEMAN: Where'd you get it from?
LUIS RIVERA: On the streets.
MS. CAPPLEMAN: All right. And was that in Miami or up here?
LUIS RIVERA: Miami.
MS. CAPPLEMAN: Okay, so you went and got a weapon. Was that specifically for the purpose of this murder?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And did that weapon come up here on the first trip with you?
LUIS RIVERA: I think so.
MS. CAPPLEMAN: All right. And was there another firearm in the car as well?
LUIS RIVERA: We had two.
MS. CAPPLEMAN: Whose gun was the other one?
LUIS RIVERA: Right, Siya.
MS. CAPPLEMAN: And the murder weapon — what type of weapon was that?
LUIS RIVERA: .38.
MS. CAPPLEMAN: Was that a revolver?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Was there a particular plan as far as who was going to actually do the murder?
LUIS RIVERA: I was supposed to do it.
MS. CAPPLEMAN: Okay, and was it always going to be a shooting?
LUIS RIVERA: It was going to be a shooting.
MS. CAPPLEMAN: What was the plan? Were you always going to do it in his car, or was there any kind of plan?
LUIS RIVERA: There was no plan.
LUIS RIVERA: We didn't even plan anything out.
MS. CAPPLEMAN: So it was just going to be if an opportunity arose, you were going to take it?
LUIS RIVERA: If there was an opportunity, we'd just do what we got to do and go.
MS. CAPPLEMAN: What if an opportunity arose when the children were present?
LUIS RIVERA: I was not doing that in front of the kids.
MS. CAPPLEMAN: Okay.
LUIS RIVERA: Not me.
MS. CAPPLEMAN: Did somebody instruct you on that, or that was just a given that you weren't going to do it?
LUIS RIVERA: I was not going to do it, period.
MS. CAPPLEMAN: On that first trip, when you were discussing this murder and the payment, was there any conversation about maybe switching it to a robbery?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: All right, and who brought up the possibility of switching it from a murder to a robbery?
LUIS RIVERA: Me.
MS. CAPPLEMAN: And what was your suggestion?
LUIS RIVERA: My suggestion was to go back and rob the lady.
MS. CAPPLEMAN: And who's the lady?
LUIS RIVERA: Wendi.
MS. CAPPLEMAN: Okay, because did you believe at that time that Wendi was the one that had this money to pay for the murder?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right, so your thought was, hey, let's just take the money. Let's take the money. Don't even have to do a murder, right?
LUIS RIVERA: Don't have to do none of that.
LUIS RIVERA: He told me, man, you just had to do this job. I just went with it because he was my friend, so I just went with it.
MS. CAPPLEMAN: Garcia told you that you had to get this job done.
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And the job had to be done for Katie, right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right, so let's talk about the second trip. Is that when the murder happened, July 16th through the 18th?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay. And that's the rental car agreement that I already showed you. That was the Prius you traveled up here in?
LUIS RIVERA: Absolutely, yes.
MS. CAPPLEMAN: And we talked about your phone number, but there's another phone number on that rental agreement that says brother. Is that Garcia's phone number?
MS. CAPPLEMAN: Who would be the brother that you would put on the rental contract as going with you?
LUIS RIVERA: Garcia.
MS. CAPPLEMAN: Did you take phones with you when you came to Tallahassee?
LUIS RIVERA: Cell phones?
MS. CAPPLEMAN: Yeah.
MS. CAPPLEMAN: And did you have the phones on or off for the actual homicide?
LUIS RIVERA: It was off at that moment.
MS. CAPPLEMAN: And did you take the same guns with you that second trip?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Where did you stay while you were here?
LUIS RIVERA: In a hotel.
MS. CAPPLEMAN: Was there an incident while you were here for that trip prior to the actual murder where one of the guns was discharged in the Prius?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Could you tell us what happened?
LUIS RIVERA: Well, the gun went off.
LUIS RIVERA: Garcia was playing with the gun. I was driving, and he put a hole right through the floor and the passenger side.
MS. CAPPLEMAN: Were you actually out on the roads when this happened?
LUIS RIVERA: Yes, ma'am. I was driving.
MS. CAPPLEMAN: And did it have an impact on your ability to drive the car?
LUIS RIVERA: Yeah, it hit the gas line.
MS. CAPPLEMAN: So how'd you get it fixed?
LUIS RIVERA: He flagged somebody down. There we met the first time, some people, and they gave him a ride to the AutoZone to get a piece of hose to connect it back.
MS. CAPPLEMAN: So somebody gave you a ride to the AutoZone?
LUIS RIVERA: Yes, ma'am. Not me, him. I was in the car. I never got off the car.
MS. CAPPLEMAN: All right. You stayed with the disabled vehicle?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And did Garcia come back and do something to the car?
LUIS RIVERA: Yeah, he fixed it.
MS. CAPPLEMAN: And it was able to be operated after that?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Did y'all follow Dan Markel at all during this second trip?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Where did you follow him this time?
LUIS RIVERA: Followed him to the daycare and to the gym.
MS. CAPPLEMAN: Was there a reason that the murder had to get done on the day it did?
LUIS RIVERA: It was just the right thing, the right opportunity, I guess.
MS. CAPPLEMAN: Okay. Did you have any information that the victim was going to be leaving town the day after the homicide occurred?
LUIS RIVERA: Yes, ma'am.
MR. RASHBAUM: Your Honor, meeting.
JUDGE EVERETT: Is the answer struck? It's not struck.
MS. CAPPLEMAN: All right. So how did you find out that the victim was leaving town the following day?
MS. CAPPLEMAN: Was that good?
MS. CAPPLEMAN: Was it from a blog?
MR. RASHBAUM: Objection, Your Honor. Meeting.
MS. CAPPLEMAN: It's not leading, Your Honor.
MS. CAPPLEMAN: Was it from a blog?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay, what blog was that?
LUIS RIVERA: The blog was Wendi.
MS. CAPPLEMAN: No, I was saying from the computer. Did you research it on the computer?
LUIS RIVERA: Oh, no, no, no. No, no.
MS. CAPPLEMAN: Okay, so somebody gave you the information?
LUIS RIVERA: Yeah, somebody else. A person.
MS. CAPPLEMAN: A person. And how — did you actually talk to the person?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Who talked to the person?
LUIS RIVERA: Tuto. Garcia.
MS. CAPPLEMAN: Garcia talked to the person?
LUIS RIVERA: Talked to Katie.
MS. CAPPLEMAN: Okay, so Garcia got the information from Katie?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And do we know where Katie got it from?
LUIS RIVERA: I don't know.
MS. CAPPLEMAN: Okay, were you present when Garcia talked to Katie and found out we got to do it today?
LUIS RIVERA: Yes, ma'am.
LUIS RIVERA: It was on the phone.
MS. CAPPLEMAN: I'm sorry? That was on the phone? He was talking to Katie on the phone?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And you were present for that?
LUIS RIVERA: I was in the car.
MS. CAPPLEMAN: Who was driving the green Prius, like, whenever you were following Mr. Markel right before the murder?
LUIS RIVERA: Me.
MS. CAPPLEMAN: Did you go to, I think you said the daycare. Where else did you go that day?
LUIS RIVERA: The gym.
MS. CAPPLEMAN: Have you seen the video surveillance from the gym in this case?
LUIS RIVERA: I have.
MS. CAPPLEMAN: Have you seen it now?
MS. CAPPLEMAN: Yeah, where the green Prius is at the gym. Have you seen that?
LUIS RIVERA: I've seen it.
MS. CAPPLEMAN: And is that you driving that Prius?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay. Is Garcia in the vehicle as well?
LUIS RIVERA: Absolutely.
MS. CAPPLEMAN: Did you know whether or not the kids were in the car at the time you were at the gym?
LUIS RIVERA: No, he dropped them off. I seen him when he dropped them off at the daycare.
MS. CAPPLEMAN: So you actually saw the kids go into the daycare?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: So is it after the daycare that you proceed to the gym?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: And what about after that?
LUIS RIVERA: He followed them to his house.
MS. CAPPLEMAN: All right. So did you wait in the car while the victim went into the gym and worked out?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And did y'all know at that time, like, we're going to do it when he comes out of the gym, or not necessarily?
LUIS RIVERA: No.
MS. CAPPLEMAN: So you're just following him to see where he goes?
LUIS RIVERA: To see where he goes.
MS. CAPPLEMAN: And where did he go?
LUIS RIVERA: To his house.
MS. CAPPLEMAN: Did you see the bus video that shows the Prius shortly before and shortly after the homicide?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And was that — were you driving the vehicle at that time?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Tell us what happened when you got to Mr. Markel's driveway?
LUIS RIVERA: Well, he had turned the block before.
LUIS RIVERA: We kept going. So we went in front of his house. So when he pulled in, we pulled in right behind.
LUIS RIVERA: I pulled in right behind him.
MS. CAPPLEMAN: Is what you're describing, you entered his street from two different directions?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And did you meet at his driveway?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay. So you pulling in behind him, what happens next?
LUIS RIVERA: Garcia jumped out and shot him.
MS. CAPPLEMAN: How many times?
LUIS RIVERA: Twice.
MS. CAPPLEMAN: Where was he standing when he fired the shots?
LUIS RIVERA: Right in front of the driver's side, right by the driver.
MS. CAPPLEMAN: Did you see what the victim did during this attack?
LUIS RIVERA: He put his hands up.
MS. CAPPLEMAN: How was it decided that Mr. Garcia would end up being the shooter, instead of the original plan which was for you to do it?
LUIS RIVERA: When I was driving, I ain't had no time. He jumped out and did it. He had the gun the whole time.
MS. CAPPLEMAN: All right. So either one of you were willing to do it, when whoever wasn't driving, when the opportunity arose?
LUIS RIVERA: Maybe, but it was really his job, so he did it.
MS. CAPPLEMAN: You mean — why was it his job?
LUIS RIVERA: He's the one that was getting paid, but he knew about the whole thing.
MS. CAPPLEMAN: Well, you were getting paid too, right?
LUIS RIVERA: Yeah, but I—
MS. CAPPLEMAN: But he secured the job.
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: The bus video that we looked at, one of them shows the passenger side — someone in a white shirt moving around a lot right after the homicide.
MS. CAPPLEMAN: Can you explain to the jury what was going on in the car at that time?
LUIS RIVERA: He was trying to hide the gun.
MS. CAPPLEMAN: And that's Garcia?
LUIS RIVERA: Garcia.
MS. CAPPLEMAN: Where did he put the gun?
LUIS RIVERA: Right on the front, in the passenger side, right under the rug.
MS. CAPPLEMAN: Okay. What ultimately happened with the gun?
LUIS RIVERA: We threw it away.
MS. CAPPLEMAN: Where?
LUIS RIVERA: In a river.
MS. CAPPLEMAN: On the way back to South Florida?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Is that where y'all went when you left Tallahassee?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: When did you turn your cell phones back on? And—
LUIS RIVERA: We turned them on right away, I think, after leaving Tallahassee. Yeah, if I remember. I really don't remember, but it got turned on sometime after the murder.
MS. CAPPLEMAN: They got turned back on?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: Okay. Do you remember who made the first phone call out of the two of you?
LUIS RIVERA: I didn't make no phone call. He did.
MS. CAPPLEMAN: Who did he call?
LUIS RIVERA: I think he called Katie. He called Katie. He called Katie.
MS. CAPPLEMAN: Say that again?
LUIS RIVERA: He called Katie.
MS. CAPPLEMAN: And were you able to hear that conversation with Katie?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And what was that conversation?
LUIS RIVERA: He told her everything is done. She's like, "I know." And, um, you know, what about the money?
MS. CAPPLEMAN: Okay, let me back you up just a little bit. How did she know it was done?
LUIS RIVERA: I think she got a phone call right away, before we did.
MS. CAPPLEMAN: All right, but somehow she indicated she knew?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: All right. And you asked about the money — did you personally ask about the money, or was that Garcia?
LUIS RIVERA: That's Garcia.
MS. CAPPLEMAN: What did she say about the money?
LUIS RIVERA: You'll get it tomorrow.
MS. CAPPLEMAN: Did you get it tomorrow?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: On the way back from Tallahassee to Miami, did you stop in Pembroke Pines at an ATM machine?
LUIS RIVERA: No. Way back— Yeah.
LUIS RIVERA: Nobody stopped.
MS. CAPPLEMAN: I'll show you States 39 through 45.
MS. CAPPLEMAN: Have— you seen these before?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: These appear to be ATM images?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And what's the date on the ATM images?
LUIS RIVERA: 7-18-2024.
MS. CAPPLEMAN: 2024?
LUIS RIVERA: I mean 14, sorry.
MS. CAPPLEMAN: All right, that's the day of the murder, right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay, is this the green Prius that y'all came to Tallahassee in?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right, are these fair and accurate photographs of you in the green Prius on the day of the homicide?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Permission to introduce and publish State's 39 through 45.
JUDGE EVERETT: Any objection?
MR. RASHBAUM: No, your Honor.
JUDGE EVERETT: 39 through 45 are admitted.
MS. CAPPLEMAN: Who's pictured in this exhibit, Mr. Rivera?
LUIS RIVERA: That's me and Garcia.
MS. CAPPLEMAN: Who's that in the foreground closer to the camera?
LUIS RIVERA: That's me. I'm the driver.
MS. CAPPLEMAN: Okay. 42, please.
MS. CAPPLEMAN: Who's that in the passenger seat?
LUIS RIVERA: Garcia.
MS. CAPPLEMAN: 43, please.
MS. CAPPLEMAN: 44.
MS. CAPPLEMAN: Did you and Sigfredo Garcia go out that night when you got back to Miami?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Do you remember where you went?
LUIS RIVERA: I think we went to a bar.
MS. CAPPLEMAN: Was Katherine Magbanua with you that night?
LUIS RIVERA: I don't think so.
MS. CAPPLEMAN: Do you know where she went that night?
MS. CAPPLEMAN: The next morning, is that when you saw her again?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. Tell us what happened the next morning.
LUIS RIVERA: The next morning I woke up, I went to the barbershop and she went to my house and took the money.
MS. CAPPLEMAN: She had the money at your house?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: And did you go home and get it?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Did you go home with some purpose?
LUIS RIVERA: Purpose to pick that money up.
MS. CAPPLEMAN: Yeah, were you worried about the money?
LUIS RIVERA: I was worried about my baby mama taking it.
MS. CAPPLEMAN: You were worried about your baby mama taking it?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Is that Jessica, the one we saw in the photo?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: So if she'd seen that money?
LUIS RIVERA: If she would have seen it, she would have bought it too. But she never seen it.
MS. CAPPLEMAN: How much money was in there?
LUIS RIVERA: 37 — I think it was 35. 35. 35,000.
MS. CAPPLEMAN: And how was it packaged?
LUIS RIVERA: 100 staples, all hundred-dollar bills.
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And what do you mean by staples?
LUIS RIVERA: They were all staples. It was a thousand dollars each — thousand-dollar staple in the top corner.
MS. CAPPLEMAN: All right, so you got about $35,000. I think you previously said you got $37,000. Where did the other two come from?
LUIS RIVERA: Garcia gave it to me.
MS. CAPPLEMAN: Why did he do that?
LUIS RIVERA: He gave it to me.
MS. CAPPLEMAN: So he just gave you two additional staples out of his cut?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Do you know how much he got versus how much Katie got? Do you not remember that?
LUIS RIVERA: I don't remember.
MS. CAPPLEMAN: Okay, but it added up to $100,000. Is that what you previously said?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Did you buy anything with your cut of the money?
LUIS RIVERA: Just a motorcycle.
MS. CAPPLEMAN: Motorcycle. Approaching with State's 46 and 47.
MS. CAPPLEMAN: Is that a picture of the motorcycle you bought with the murder money?
LUIS RIVERA: That's Garcia's.
MS. CAPPLEMAN: That's Garcia's. What about 47? Is that your motorcycle there?
LUIS RIVERA: That's mine, yeah.
MS. CAPPLEMAN: Okay. And this is Garcia's.
MS. CAPPLEMAN: And then what about this Monte Carlo in the background? Did y'all buy that too?
LUIS RIVERA: That's Garcia's. He got it.
MS. CAPPLEMAN: Did he buy that with the murder money? Or after the murder?
MS. CAPPLEMAN: Shortly after the murder?
LUIS RIVERA: Yeah, something like that.
MS. CAPPLEMAN: All right. Are these fair and accurate photos of those vehicles?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Judge, at this time I'd ask to move into evidence State's 46 and 47.
JUDGE EVERETT: Any objection?
MR. RASHBAUM: No objection.
JUDGE EVERETT: State's 46 and 47 are admitted.
MS. CAPPLEMAN: Can I publish 46, Your Honor?
JUDGE EVERETT: Yes.
MS. CAPPLEMAN: And 47, please.
MS. CAPPLEMAN: Did you make any changes to your cell phone after the murder? Do you — remember?
MS. CAPPLEMAN: Did you meet with Investigator Jason Newland with my office to look at this?
MS. CAPPLEMAN: What's been marked as State 63?
MS. CAPPLEMAN: — this exhibit regarding the calls in this case?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And do these initials next to these calls indicate that you've authenticated the voices that are highlighted?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Judge, I'd ask to move into evidence State 63. So — you were able to recognize the voices of Katherine Magbanua and Sigfredo Garcia on those calls, those recordings?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Have you ever had any kind of contact with any member of the Adelson family?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: During the time that Katherine Magbanua was dating the dentist, were you around her during that time?
LUIS RIVERA: I mean, I've seen her a few times.
MS. CAPPLEMAN: Okay. And what was the context of — like, what was the occasion that you would see her if she was with the dentist?
LUIS RIVERA: Not with him, but I seen her when she come by for Garcia.
MS. CAPPLEMAN: Okay. So if she was doing something related to the kids or something like that?
LUIS RIVERA: Yeah, that's it.
MS. CAPPLEMAN: During the times that you saw her while she was dating the dentist, did she ever brag to you about the dentist at all?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Did she ever tell you the dentist has a lot of money?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: The dentist has a safe full of cash in his home?
LUIS RIVERA: No.
MS. CAPPLEMAN: So — Do you even know who the dentist is? I mean, do you know who he is?
LUIS RIVERA: Never met him in my life until today.
MS. CAPPLEMAN: Okay. Well — The dentist's lawyers have indicated that you — you and Garcia got this idea on your own to come to Tallahassee and kill the professor. Is that true?
LUIS RIVERA: No.
MS. CAPPLEMAN: Did you kill him and then try to get Katie to blackmail the dentist?
LUIS RIVERA: No.
MS. CAPPLEMAN: When you suggested to Sigfredo Garcia on the way up that it would be easier to just do a robbery, would it have been easier to rob the dentist back in Miami than to come up here to do a murder?
LUIS RIVERA: I never said nothing about him because I don't know him, but I said, let's go rob the lady.
MS. CAPPLEMAN: Right. Just like that.
MS. CAPPLEMAN: If you had known that it was actually the dentist that had the money, would you have been just as happy to rob the dentist?
LUIS RIVERA: Absolutely.
MS. CAPPLEMAN: Would that have been less trouble than coming to Tallahassee to do a murder?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Your indulgence, please, Your Honor.
MS. CAPPLEMAN: May I have one moment, Your Honor?
JUDGE EVERETT: Take your time.
MS. CAPPLEMAN: No further questions, Your Honor.
JUDGE EVERETT: Mr. Rashbaum do you wish to begin your cross-examination this evening?
MR. RASHBAUM: May I have one moment, Your Honor?
JUDGE EVERETT: Take your time.
MR. RASHBAUM: Judge, I think it makes sense to wait until Monday.
JUDGE EVERETT: Members of the jury, we are going to recess at this point. Cross-examination of the witness will take place by the defense on Monday morning. Once again, I'm going to give you the same instruction I've given throughout: you're not to discuss this case with each other or anyone else. Do not watch the news coverage, and do not seek out any information about this matter. Have a restful weekend. We will see you on Monday morning. Please report point at 8:30.
JUDGE EVERETT: Enjoy your weekend, Mr. Rashbaum. The juvenile concert awaits.
MR. RASHBAUM: Yeah, I can't wait.