8.Ryan Fitzpatrick — Direct/Cross
288 linesMS. CAPPLEMAN: Ryan Fitzpatrick.
JUDGE EVERETT: Mr. Fitzpatrick, please approach the witness stand. Please raise your right hand, sir.
WHEREUPON, RYAN FITZPATRICK was called as a witness, having first been duly sworn to speak the truth, whole truth, and nothing but the truth, was examined and testified as follows:
RYAN FITZPATRICK: Yes, Sir.
JUDGE EVERETT: You may take your seat.
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Sir, please say your name and spell your name.
RYAN FITZPATRICK: Ryan Fitzpatrick. R-y-a-n, F-i-t-z-p-a-t-r-i-c-k.
MS. CAPPLEMAN: where do you live, sir?
RYAN FITZPATRICK: Lantana, Florida.
MS. CAPPLEMAN: And what line of work are you in?
RYAN FITZPATRICK: I'm in roofing now.
MS. CAPPLEMAN: Okay. Do you, or did you at some time, have a relationship with Charlie Adelson?
RYAN FITZPATRICK: Yes, ma'am.
MS. CAPPLEMAN: Were you guys friends?
RYAN FITZPATRICK: Yes, ma'am.
MS. CAPPLEMAN: How close were you?
RYAN FITZPATRICK: Very close.
MS. CAPPLEMAN: what timeframe were you close friends with charlie Adelson?
RYAN FITZPATRICK: From about the time that I moved to South Florida in around about 2012. And then as years passed, we grew a lot closer.
MS. CAPPLEMAN: Until when?
RYAN FITZPATRICK: Until about 2018, '19-ish.
MS. CAPPLEMAN: Did you spend a lot of time together?
RYAN FITZPATRICK: Yes, ma'am.
MS. CAPPLEMAN: Did you talk to him daily?
RYAN FITZPATRICK: Yes, ma'am.
MS. CAPPLEMAN: Did you know his family?
RYAN FITZPATRICK: Yes, ma'am.
MS. CAPPLEMAN: Meet his girlfriends?
RYAN FITZPATRICK: Yes, ma'am.
MS. CAPPLEMAN: All right. Can you -- do you see him here in the courtroom today?
RYAN FITZPATRICK: Yes, ma'am, I do.
MS. CAPPLEMAN: would you point him out and describe what he's wearing?
RYAN FITZPATRICK: Blue suit, light blue tie, white shirt.
MS. CAPPLEMAN: The record reflect the witness has identified the defendant.
JUDGE EVERETT: The record will reflect.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: was the defendant, Mr. Adelson, very close to his sister, wendi?
RYAN FITZPATRICK: Yes, ma'am.
MS. CAPPLEMAN: If you know, how did the family, the Adelson family, feel about Dan Markel?
RYAN FITZPATRICK: Not fond.
MS. CAPPLEMAN: And did that include Charlie Adelson?
RYAN FITZPATRICK: Yes, ma'am.
MS. CAPPLEMAN: I mentioned the girlfriends. Did Mr. Adelson have a lot of girlfriends?
RYAN FITZPATRICK: Yes, ma'am.
MS. CAPPLEMAN: Was one of them Katherine Magbanua?
RYAN FITZPATRICK: Yes, ma'am.
MS. CAPPLEMAN: Did you ever have an occasion to meet her?
RYAN FITZPATRICK: I think in passing I might have met her once or twice, but I didn't have a personal relationship with her, no.
MS. CAPPLEMAN: Did she stand out to you as being someone special or of more importance to him than any of the other women in his life?
MR. RASHBAUM: Judge, objection; leading.
JUDGE EVERETT: Sustained. Please rephrase your question.
MS. CAPPLEMAN: It's a yes-or-no question. Did she stand out to him as being somehow special or different from other women in his life?
RYAN FITZPATRICK: No, ma'am.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Are you familiar with the defendant's practice of stapling his money?
RYAN FITZPATRICK: Yes, ma'am.
MS. CAPPLEMAN: Do you know the denominations or how he would staple it?
RYAN FITZPATRICK: Ten 100s would be a thousand. Easier to count that way.
MS. CAPPLEMAN: At the time that Dan Markel was murdered, how did you learn of the murder?
RYAN FITZPATRICK: I -- I can't remember. They never spoke about it so...
MS. CAPPLEMAN: And when you say “they never spoke about it," who is that?
RYAN FITZPATRICK: The family never spoke of it.
MS. CAPPLEMAN: So you didn't learn about the murder from your close friend?
RYAN FITZPATRICK: I do not believe so, no, not directly.
MS. CAPPLEMAN: Right after the murder, did Mr. Adelson tell you that his girlfriend, Katherine Magbanua, was extorting money out of him?
RYAN FITZPATRICK: No, ma'am.
MS. CAPPLEMAN: Does that seem like something he would have mentioned to you?
RYAN FITZPATRICK: Yes, ma'am, probably. I imagine so.
MS. CAPPLEMAN: when law enforcement, posing as a thug, approached his mother in what we're referring to as the bump, did he tell you about that?
RYAN FITZPATRICK: I don't recall. No, ma'am.
MS. CAPPLEMAN: He didn't tell you that he thought that the person approached his mother was either the FBI or someone posing as Rivera's brother?
RYAN FITZPATRICK: I can't remember if Charlie directly said that to me or not, so I -- you know, I don't know. It's been so long.
MS. CAPPLEMAN: Okay. Did he ever make a statement to you about murder?
RYAN FITZPATRICK: Charlie, as you've heard in testimony and depos, he made a lot of tasteless jokes. And he said something along the lines of you can get away with anything -- you can get away with murder if you keep your mouth shut.
MS. CAPPLEMAN: When was that statement made?
RYAN FITZPATRICK: Geez, I -- years ago.
MS. CAPPLEMAN: Before or after this murder?
RYAN FITZPATRICK: It would be after.
MS. CAPPLEMAN: was his behavior after -- are you familiar with the arrest that occurred in May? May of -- May of 2016, I should clarify.
RYAN FITZPATRICK: Katie's arrest?
MS. CAPPLEMAN: Yes.
RYAN FITZPATRICK: Yes, ma'am.
MS. CAPPLEMAN: And did his behavior change at that point?
RYAN FITZPATRICK: Yes, ma'am.
MS. CAPPLEMAN: And did he seem relieved and less stressed out after she got arrested?
RYAN FITZPATRICK: No, ma'am, he did not.
MS. CAPPLEMAN: what -- what was his demeanor after her arrest?
RYAN FITZPATRICK: Nervousness, agitation, stress.
MS. CAPPLEMAN: So he seemed to get more stressed out after she was --
RYAN FITZPATRICK: Yes, ma'am.
MS. CAPPLEMAN: was he weird like that before, like during the -- between the time of the murder and the time of Katherine Magbanua's arrest?
RYAN FITZPATRICK: Say he was weird.
MS. CAPPLEMAN: Like that. Like the behaviors you just described.
RYAN FITZPATRICK: No, ma'am, not that weird.
MS. CAPPLEMAN: All right. And are you familiar with some barbed wire that he had around his residence?
RYAN FITZPATRICK: No, but I kind of like that idea.
MS. CAPPLEMAN: Did you -- when was the last time you were at his residence at -- the name is escaping me -- Whale Harbor?
RYAN FITZPATRICK: It would had to have been around, probably, the summer of 2018.
MS. CAPPLEMAN: Okay. And when you were out there, when you were at his residence in the summer of 2018, did y'all use the pool area?
RYAN FITZPATRICK: Yes, ma'am.
MS. CAPPLEMAN: He's got a nice grotto-style pool out there?
RYAN FITZPATRICK: Very nice, yes, ma'am.
MS. CAPPLEMAN: And did you observe, when you were out there, barbed wire around this perimeter of the pool?
RYAN FITZPATRICK: No, I don't -- I don't think so. No, ma'am.
MS. CAPPLEMAN: All right. What about weapons? Did Charlie Adelson frequently carry or have weapons around him?
RYAN FITZPATRICK: Charlie had a gun, yes.
MS. CAPPLEMAN: Where did the gun stay, if you know? On his person? in the safe? bedside table?
RYAN FITZPATRICK: I mean, I didn't know what his regular practice was, but I'd imagine he would put it by his bed when he slept.
MS. CAPPLEMAN: All right. was that just the one gun that you were aware of, or did he have a bunch of guns?
RYAN FITZPATRICK: I believe he had more, but I can't testify to that.
MS. CAPPLEMAN: Okay. So when you were in the residence, there weren't guns laid out in the residence?
RYAN FITZPATRICK: Not -- not like my house, no.
MS. CAPPLEMAN: Did you have a falling out of some kind with mr. Adelson?
RYAN FITZPATRICK: Yes, ma'am.
MS. CAPPLEMAN: when did that occur?
RYAN FITZPATRICK: I would say about the last time that I recall vaguely being at his residence, probably about the summer of 2018.
MS. CAPPLEMAN: Okay. And you guys have filed lawsuits against each other or just one direction?
RYAN FITZPATRICK: Charlie had filed a lawsuit against myself and others that's since been dismissed so...
MS. CAPPLEMAN: All right. And so you don't like the guy anymore; fair to say?
RYAN FITZPATRICK: I mean, I'm not a big fan, no.
MS. CAPPLEMAN: Okay. And you said -- have you said some ugly things about him on social media and that sort of thing?
RYAN FITZPATRICK: I've said it to him.
MS. CAPPLEMAN: All right. And is -- are you here to try to, like, bring him down?
RYAN FITZPATRICK: No. I don't want to be here at all.
MS. CAPPLEMAN: were you here pursuant to a subpoena?
RYAN FITZPATRICK: Yes, ma'am.
MS. CAPPLEMAN: One moment, please.
(A pause in the proceeding.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. I'm going to approach -- did you give -- did you give a deposition in this case previously?
RYAN FITZPATRICK: In Katherine's case, yes.
MS. CAPPLEMAN: Back in 2021?
RYAN FITZPATRICK: I believe so, yes, ma'am.
MS. CAPPLEMAN: Okay. I'm going to approach and have you read page 46 and 47.
JUDGE EVERETT: One moment.
Mr. Rashbaum?
MR. RASHBAUM: There's no question so I don't know what she's refreshing.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Yeah. I'm going to refresh your recollection with your deposition.
MR. RASHBAUM: There's been no question to refresh.
JUDGE EVERETT: Ms. Cappleman, please ask the question.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Did you say that he told you about the bump?
RYAN FITZPATRICK: If I said it there, then I said it there. It's been years so it's hard to recall.
MS. CAPPLEMAN: I understand.
RYAN FITZPATRICK: And I'm tired.
MS. CAPPLEMAN: would it refresh your recollection to review the deposition to see exactly what you said?
RYAN FITZPATRICK: Yes, ma'am, it would.
MS. CAPPLEMAN: All right. Page 46 and 47.
Does that refresh your recollection?
RYAN FITZPATRICK: Yes, ma'am.
MS. CAPPLEMAN: so did Mr. Adelson tell you about the extortion attempt on his mother in 2016?
RYAN FITZPATRICK: Yes, ma'am.
MS. CAPPLEMAN: But definitely never told you about Katherine Magbanua extorting him in 2014?
RYAN FITZPATRICK: No, ma'am.
MS. CAPPLEMAN: Or 2015?
RYAN FITZPATRICK: No, ma'am.
MS. CAPPLEMAN: No further questions.
JUDGE EVERETT: Cross-exam?
MR. RASHBAUM: Thank you, Your Honor.
CROSS EXAMINATION BY MR. RASHBAUM:
MR. RASHBAUM: You met Katie once or twice, right, Magbanua?
RYAN FITZPATRICK: I believe so, yes, sir.
MR. RASHBAUM: You didn't know her personally?
RYAN FITZPATRICK: No, sir, I did not.
MR. RASHBAUM: But Charlie mentioned to you that the father of Katie's kids tried to run him off the road?
RYAN FITZPATRICK: Yes, sir.
MR. RASHBAUM: Tried to kill him?
RYAN FITZPATRICK: Yes, sir.
MR. RASHBAUM: And that was in 2014?
RYAN FITZPATRICK: Vaguely, yes, sir. If that's what I testified to, then yes.
MR. RASHBAUM: Charlie talks a lot, right?
RYAN FITZPATRICK: Indeed, he does.
MR. RASHBAUM: Repeats himself a ton, right?
RYAN FITZPATRICK: Yes, sir.
MR. RASHBAUM: Now, I think Ms. Cappleman just refreshed your memory that you were aware of the bump, that Charlie told you about the bump?
RYAN FITZPATRICK: Yes, sir.
MR. RASHBAUM: Okay. By the way, did you communicate with Charlie on wWhatsApp?
RYAN FITZPATRICK: Yes, sir.
MR. RASHBAUM: You ever talk about the murder on whatsApp with him?
RYAN FITZPATRICK: No, sir.
MR. RASHBAUM: Ms. Cappleman asked you about whether Charlie started to act nervous at around -- at the time of around Katie's arrest. Do you recall those questions?
RYAN FITZPATRICK: Yes, sir.
MR. RASHBAUM: Are you aware that shortly before her arrest, law enforcement released an affidavit calling for Charlie's arrest, which the state attorney refused?
RYAN FITZPATRICK: what? I don't understand your question.
MR. RASHBAUM: Are you aware that there was an affidavit that was released by law enforcement calling for Charlie's arrest?
RYAN FITZPATRICK: I believe there was, like, a probable cause or, excuse me, or something like that, yes, sir.
MR. RASHBAUM: And that was broadcast to the entire world, right?
RYAN FITZPATRICK: It was broadcast, yes, sir.
MR. RASHBAUM: And that was back in 2014, correct?
RYAN FITZPATRICK: I believe so, yes, sir, if that's when it happened.
MR. RASHBAUM: I'm sorry. That was back in 2016, correct?
RYAN FITZPATRICK: Yes, sir.
MR. RASHBAUM: At the time that he started to act kind of weird?
RYAN FITZPATRICK: Yes, sir.
MR. RASHBAUM: Also around that time, there were 60 Minutes, 20/20, and Dateline specials, right?
RYAN FITZPATRICK: Yes, sir.
MR. RASHBAUM: And there was also this bump, right?
RYAN FITZPATRICK: Yes, sir.
MR. RASHBAUM: And after Katie's arrest, there was even more suggestion that Charlie somehow had some role in this, right?
RYAN FITZPATRICK: Yes, sir.
MR. RASHBAUM: By the way, you continued to be friends with him after that, right?
RYAN FITZPATRICK: Yes, sir.
MR. RASHBAUM: Now, isn't it true that you stole from Charlie?
RYAN FITZPATRICK: No, not at all.
MR. RASHBAUM: It's not true that you took checks that were supposed to be made out to the business and took them for yourself?
RYAN FITZPATRICK: That's alleged in a lawsuit that's been dismissed so...
MR. RASHBAUM: Was that lawsuit dismissed because Charlie Adelson got arrested?
RYAN FITZPATRICK: I don't know why. I never hired an attorney because I wasn't worried about it.
MR. RASHBAUM: When was it dismissed? After his arrest in this case or before?
RYAN FITZPATRICK: I found out last week so I don't know. I don't care.
MR. RASHBAUM: Do you think it was -- do you think it was dismissed after he was arrested in this case?
RYAN FITZPATRICK: That's speculation on your part. I have no idea. I didn't think about it, didn't lose any sleep over it.
MR. RASHBAUM: Was the lawsuit for hundreds of thousands of dollars?
RYAN FITZPATRICK: About $2,000,000. But I don't have that anyway, so I didn't worry about it.
MR. RASHBAUM: Before you filed that lawsuit, he demanded that you repay him, right?
RYAN FITZPATRICK: I guess, if that's what he says.
MR. RASHBAUM: well, did he text you and demand repayment?
RYAN FITZPATRICK: Yeah.
MR. RASHBAUM: He said he was going to start taking what you owed him out of your paychecks. Do you recall that?
RYAN FITZPATRICK: Yeah.
MR. RASHBAUM: And you didn't like that?
RYAN FITZPATRICK: No, not at all.
MR. RASHBAUM: So you threatened if he tried to recover any of the stolen money from you, you would go to law enforcement and tell him -- tell them that you were -- that he was involved in Professor Markel's murder?
RYAN FITZPATRICK: I don't know if that's what I said verbatim at all.
MR. RASHBAUM: well, let's see if I can refresh your memory.
Do you recall saying to Dr. Charlie Adelson, I don't owe you shit. I'll be on the phone with the FBI today. Get your affairs in order before prison, punk. You're going to rot in jail, you mom fag? Do you recall saying that?
RYAN FITZPATRICK: I mean, if you're reading it, then I did.
MR. RASHBAUM: You open your mouth and I will open mine. watch, motherfucker. You're a miserable Jew and you're going to get what you deserve. Do you recall saying that?
RYAN FITZPATRICK: If you're reading it, then I said it.
MR. RASHBAUM: I dare you to threaten me again. I1'11 be on the phone with the FBI before you blink, you murderer. Do you remember saying that?
RYAN FITZPATRICK: Yep.
MR. RASHBAUM: Get fucked. I'm going to get you in jail. Do you remember saying that?
RYAN FITZPATRICK: I guess. If it's in -- if it's in there.
MR. RASHBAUM: You ever heard of a website on Facebook called True Crimes Blog -- True Crimes Case, the Dan Markel Case, Let's Discuss? You ever heard of that?
RYAN FITZPATRICK: Yes.
MR. RASHBAUM: You were just posting pictures of Charlie on that website this week, right?
RYAN FITZPATRICK: I don't know.
MR. RASHBAUM: You want me to show you them?
RYAN FITZPATRICK: What difference does it make? I don't -- what does that have to do with anything?
MR. RASHBAUM: May I approach, Your Honor?
JUDGE EVERETT: You may.
BY MR. RASHBAUM:
MR. RASHBAUM: Does this refresh your recollection of a picture you posted of Charlie on that website just days ago?
RYAN FITZPATRICK: Yeah. It's a good picture.
MR. RASHBAUM: You say you have nothing to gain from this case and you don't really care and you don't want to be here, right?
RYAN FITZPATRICK: Right.
MR. RASHBAUM: Just on Tuesday, do you recall writing to someone: I want to propose a wager. Let's see who gets involved. The over and under on life-plus. Laugh out loud?
RYAN FITZPATRICK: Yeah.
MR. RASHBAUM: Yeah. You posted on there that you were going to help get this man a life imprisonment, right?
RYAN FITZPATRICK: I don't know that it suggested that I was helping do anything. I was just speaking my opinion, which that's free speech and that's what all the other idiots on that thing do as well so...
MR. RASHBAUM: I want to propose a wager. Over/under on 1life-plus. That's what you said?
RYAN FITZPATRICK: Yeah.
MR. RASHBAUM: No further questions.
JUDGE EVERETT: Redirect examination?
MR. RASHBAUM: (Inaudible. )
MS. CAPPLEMAN: Move to strike Mr. Rashbaum's commentary to the extent it's on the record.
JUDGE EVERETT: Sustained.
Members of the jury, you are to disregard the last statement concerning -- from Mr. Rashbaum as to the post on the social media site.
MS. CAPPLEMAN: No questions, Your Honor.
JUDGE EVERETT: You may step down.
RYAN FITZPATRICK: Thank you.
JUDGE EVERETT: Please call your next witness.
MS. CAPPLEMAN: Should we approach on that one, Your Honor?
JUDGE EVERETT: You may.
(Bench conference held as follows:)
MS. CAPPLEMAN: So the next witness is Mr. Rivera. We'll need a recess to bring him up. And wasn't there something you wanted to do on the record?
JUDGE EVERETT: Yes. I believe that you wanted to take your proffer.
MR. RASHBAUM: So, Judge, if we're not going to go too deep into this today -- I don't know what your timing is.
JUDGE EVERETT: 5:30, the same as --
MR. RASHBAUM: Okay. Yeah, we can do the proffer whenever. I'm not going to talk to him today, am I?
MS. CAPPLEMAN: TI don't know.
MR. RASHBAUM: How long is your direct?
JUDGE EVERETT: I don't think she knows.
MS. CAPPLEMAN: I don't know. 45 minutes maybe.
MR. RASHBAUM: Okay. Well, whenever you want, we can do the proffer. It's going to be -- I have to think of the questions, but it'll probably be four or five questions maybe.
MS. CAPPLEMAN: Well, are we going to take the jury out to bring him in anyway? So we might as well do the proffer while they're out.
JUDGE EVERETT: Yes.
MS. CAPPLEMAN: Okay.
(Bench conference concluded.)
JUDGE EVERETT: Members of the jury, the bailiff is going to escort you out briefly, and then we'l] continue with the testimony.
Jury is exiting. Please rise.
(Jury exits.)
JUDGE EVERETT: Everyone can be seated.
How long will it take to get him in place?
(Discussion off the record.)
JUDGE EVERETT: All right. we'll go back on in ten minutes, and then the defense can take its proffer as to the issue that's already been addressed at sidebar. we'll bring the jurors back in.
Looks like, time-wise, Mr. Rashbaum, I know I didn't want to cut off your access of getting started on any cross-examination, but do you wish to start your cross today or move into next week?
MR. RASHBAUM: I think -- I mean, I don't know when they're going to be, but probably next week.
JUDGE EVERETT: Very well.
MR. RASHBAUM: But if it -- if they're quick, then maybe I would start. Can we just go sidebar after and...
JUDGE EVERETT: That's fine.
All right. We'll resume in ten minutes at 4:23.
(A recess in the proceeding.)
BAILIFF: All rise. Court is back in session.