Ryan Fitzpatrick — Direct/Cross
258 linesMS. CAPPLEMAN: Ryan Fitzpatrick.
JUDGE EVERETT: Please raise your right hand, sir. Do you swear or affirm the testimony you're about to give will be the truth?
RYAN FITZPATRICK: Yes, sir.
JUDGE EVERETT: You may take your seat, sir.
MS. CAPPLEMAN: 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 time frame were you close friends with Charlie Adelson?
RYAN FITZPATRICK: From about the time that I moved to South Florida — around about 2012 — as... years passed, we grew a lot closer.
MS. CAPPLEMAN: Until when?
RYAN FITZPATRICK: Until about 2018, '19.
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: Can you — do you see him here in the courtroom today?
RYAN FITZPATRICK: Yes, ma'am, I did.
MS. CAPPLEMAN: Would you point him out and describe what he's wearing?
RYAN FITZPATRICK: Blue suit, light blue tie, white shirt.
MS. CAPPLEMAN: Let the record reflect the witness has identified the defendant.
JUDGE EVERETT: The record will reflect.
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 — 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: Objection. 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 the other women in his life?
RYAN FITZPATRICK: No, ma'am.
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 one-hundreds would be a thousand.
RYAN FITZPATRICK: 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— ...can't remember. They never spoke about it, so—
MS. CAPPLEMAN: And when you say "they never spoke about it," who was that? 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?
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 him — he—
MS. CAPPLEMAN: —didn't tell you that he thought that the person that 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, 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 heard in testimony and depos, he made a lot of tasteless jokes.
RYAN FITZPATRICK: And he said something along the lines of, "You get away with anything, you get away with murder, and you keep your mouth shut."
MS. CAPPLEMAN: When was that statement made?
RYAN FITZPATRICK: Geez, 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?
RYAN FITZPATRICK: May of 2016?
MS. CAPPLEMAN: I should have clarified.
MS. CAPPLEMAN: Katie's arrest?
RYAN FITZPATRICK: Yes. 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 was his demeanor after her arrest?
RYAN FITZPATRICK: Nervousness.
RYAN FITZPATRICK: Agitation. Stress.
MS. CAPPLEMAN: So he seemed to get more stressed out after she was out?
RYAN FITZPATRICK: Yes, ma'am.
MS. CAPPLEMAN: Was he weird like that before — like, during the time between the murder and the time of Katherine Magbanua's arrest?
RYAN FITZPATRICK: To say he was weird...
MS. CAPPLEMAN: Like that — like the behaviors you just described?
RYAN FITZPATRICK: Not that weird.
MS. CAPPLEMAN: All right. And are you familiar with some barbed wire that he had around his residence? When was the last time you were at his residence?
RYAN FITZPATRICK: The name is escaping me — Whale Harbor. It would have 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. He's got a nice grotto-style pool out there.
MS. CAPPLEMAN: Very nice.
RYAN FITZPATRICK: Yes, ma'am.
MS. CAPPLEMAN: And did you observe, when you were out there, barbed wire around the perimeter of the pool?
RYAN FITZPATRICK: No, I don't think so. No, ma'am.
MS. CAPPLEMAN: What about weapons? Did Charlie Adelson frequently carry or have weapons around him?
RYAN FITZPATRICK: Well, he had a gun, yes.
MS. CAPPLEMAN: Where did the gun stay, if you know?
MS. CAPPLEMAN: On his person? In the safe? Bedside table?
RYAN FITZPATRICK: I mean, I don't know what his regular practice was, but I can 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 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. It's since been dismissed.
MS. CAPPLEMAN: All right, and so you don't like the guy anymore, fair to say?
RYAN FITZPATRICK: I mean, he's not a big fan, no.
MS. CAPPLEMAN: Okay. And 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 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.
MS. CAPPLEMAN: — that position 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 gonna approach and have you read 46— and 47.
MR. RASHBAUM: There's no question, so I don't know if she's refreshing.
MS. CAPPLEMAN: Yeah, I'm gonna refresh your recollection on your deposition.
MR. RASHBAUM: There's no question to refresh.
MS. CAPPLEMAN: Uh, uh — did you say that he told you about the bump?
RYAN FITZPATRICK: If I said it there, then I said it there. I mean, it's just been years, so it's hard to recall, and I'm tired.
MS. CAPPLEMAN: Would it refresh your recollection to review the deposition to see exactly what—
RYAN FITZPATRICK: Yes, ma'am.
MS. CAPPLEMAN: Page 46 and 47 — 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.
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: By the way, did you communicate with Charlie on WhatsApp?
RYAN FITZPATRICK: Yes, sir.
MR. RASHBAUM: Did you ever talk about murder on WhatsApp with him?
RYAN FITZPATRICK: No, sir.
MR. RASHBAUM: Ms. Cappleman asked you about whether Charlie started to act nervous 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: 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 a probable cause 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: Okay. And that was back in 2014, correct?
RYAN FITZPATRICK: I believe so, yes, sir. If that's—
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.
MR. RASHBAUM: Was that lawsuit dismissed because Charlie Adelson got arrested in this case?
RYAN FITZPATRICK: I don't know. 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 dismissed after he was arrested in this case?
RYAN FITZPATRICK: That's speculation on your part. I had no idea. I didn't think about it. I didn't lose any sleep over it.
MR. RASHBAUM: Was it a lawsuit for hundreds of thousands of dollars?
RYAN FITZPATRICK: About $2 million.
RYAN FITZPATRICK: But I don't have that anyway, so I didn't worry about it.
MR. RASHBAUM: Before he 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?
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 them 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.
MR. RASHBAUM: 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."
MR. RASHBAUM: "You're going to rot in jail, you mom fag."
MR. RASHBAUM: 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. I'll 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 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're just posting pictures of Charlie on that website this week, right?
MR. RASHBAUM: You want me to show you them?
RYAN FITZPATRICK: What difference does it make? What does that have to do with anything?
MR. RASHBAUM: May I approach, Your Honor?
JUDGE EVERETT: You may.
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"?
MR. RASHBAUM: "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 him 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.
MR. RASHBAUM: "I want to propose a wager, over-under on life plus." That's what you said.
RYAN FITZPATRICK: Yep.
MR. RASHBAUM: No further questions.
MS. CAPPLEMAN: Move to strike Mr. Rashbaum's commentary to the extent that it's on the record.
JUDGE EVERETT: Sustained. Members of the jury you are to disregard that statement concerning - from Mr. Rashbaum as to the post on the social media site.
MS. CAPPLEMAN: No question, 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.
JUDGE EVERETT: Members of the jury, we'll escort you out briefly, and then we'll continue with the testimony.
JUDGE EVERETT: Jury is exiting. Please rise.
JUDGE EVERETT: Everyone can be seated.
JUDGE EVERETT: How long will it take to get him in place?
JUDGE EVERETT: 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 with 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-examinations, but do you wish to start your cross today or move into next week?
MR. RASHBAUM: I think — I don't know when they're gonna be, but probably next week. But if they're quick, then maybe I would start that. Can we just go sidebar after?
JUDGE EVERETT: That's fine.
JUDGE EVERETT: We'll resume in 10 minutes, at 4:23.