4.Erika Johnson — Direct/Cross/Redirect
228 lines(witness exits.)
JUDGE EVERETT: Please raise your right hand, ma'am.
whereupon, ERIKA JOHNSON was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE EVERETT: You may take your seat. Please speak loudly and clearly.
DIRECT EXAMINATION BY MS. DUGAN:
MS. DUGAN: Good morning. will you introduce yourself and spell your name for the court reporter, please?
ERIKA JOHNSON: Erika Johnson, E-R-I-K-A, J-O-H-N-S-O-N.
MS. DUGAN: Okay. And did you work at the Adelson Institute for a number of years?
ERIKA JOHNSON: Yes.
MS. DUGAN: For about how long?
ERIKA JOHNSON: About 11 years.
MS. DUGAN: And were you employed there from 2013 to 2016 during those years?
ERIKA JOHNSON: Yes.
MS. DUGAN: And what was your job there at that time?
ERIKA JOHNSON: Front desk.
MS. DUGAN: Okay. were you also a -- kind of worked as an assistant to Charlie Adelson and the front desk?
ERIKA JOHNSON: Yes.
MS. DUGAN: what were your tasks at the front desk?
ERIKA JOHNSON: Making appointments, collecting payments.
MS. DUGAN: All right. were you the primary person who did that for Adelson Institute?
ERIKA JOHNSON: Yes.
MS. DUGAN: Did Adelson Institute often deal in cash for their services?
ERIKA JOHNSON: Sometimes.
MS. DUGAN: would sometimes they offer cash discounts for their dental work?
ERIKA JOHNSON: Yes.
MS. DUGAN: Back during the time period of 2013 to 2016, did Clariza Lebredo, Harvey Adelson, Charlie Adelson, Donna Adelson, and Amy, the hygienist, were those the other employees of Adelson Institute besides yourself?
ERIKA JOHNSON: Yes.
MS. DUGAN: And were the Adelson Institute business hours Monday through Thursday kind of regular work hours 9:00 to 5:00, and then on wednesdays would be a late day from 11:00 to 7:00?
ERIKA JOHNSON: Yes.
MS. DUGAN: And those were the operating hours Monday through Thursday of the Adelson Institute?
ERIKA JOHNSON: Yes.
MS. DUGAN: So back in 2014 to 2016, if a patient called the office and it was closed, would a voicemail that were -- a call, would it go to a voicemail machine?
ERIKA JOHNSON: Yes.
MS. DUGAN: And would you be responsible for checking that message when you arrived on Monday morning?
ERIKA JOHNSON: Yes.
MS. DUGAN: All right. I want to talk to you about an incident back in June -- on June 1st of 2016 at about 11:00 a.m. Do you remember two law enforcement officers coming in to Adelson Institute?
ERIKA JOHNSON: Yes.
MS. DUGAN: And did they ask you about Katherine Magbanua?
ERIKA JOHNSON: Yes.
MS. DUGAN: were they asking you whether or not Katherine Magbanua worked at Adelson Institute?
ERIKA JOHNSON: Yes.
MS. DUGAN: And did they ask you for employee records related to Katherine Magbanua?
ERIKA JOHNSON: Yes.
MS. DUGAN: Now, did you have access to her employee records there?
ERIKA JOHNSON: No.
MS. DUGAN: who at the Adelson Institute had access to employee records?
ERIKA JOHNSON: The owners of the business.
MS. DUGAN: So the Adelsons.
ERIKA JOHNSON: (Nods head.)
MS. DUGAN: Okay. Meaning Donna, Harvey, or Charlie?
ERIKA JOHNSON: Correct.
MS. DUGAN: when police asked you for the records, did you call Donna Adelson?
ERIKA JOHNSON: No.
MS. DUGAN: Or Harvey Adelson?
ERIKA JOHNSON: No.
MS. DUGAN: Did you call Charlie Adelson?
ERIKA JOHNSON: Yes.
MS. DUGAN: Okay. And when you called Charlie Adelson to let him know that law enforcement was there and what they were asking about, did you step away from them a little bit to the back of the office to make that call?
ERIKA JOHNSON: Yes.
MS. DUGAN: Now, at the time, did you know that the call was being recorded?
ERIKA JOHNSON: No.
MS. DUGAN: Have you had an opportunity to listen to that call in prior proceedings and also before court today?
ERIKA JOHNSON: Yes.
MS. DUGAN: And was it your and Charlie Adelson's voices in that call?
ERIKA JOHNSON: Yes.
MS. DUGAN: From your memory, is it an accurate recording of that conversation that day?
ERIKA JOHNSON: Yes.
MS. DUGAN: This time I'd move State's 106, the call that Erika Johnson made to Charlie Adelson, into evidence.
JUDGE EVERETT: Any objection?
MR. RASHBAUM: No objection.
JUDGE EVERETT: State's 106 is admitted.
(State's Exhibit No. 106 received in evidence.)
MS. DUGAN: And permission to publish?
JUDGE EVERETT: You may.
(State's Exhibit 106 plays as follows):
AUDIO RECORDING: Hey. What's going on?
ERIKA JOHNSON: Hey there. FBI is here asking for records for Katy.
AUDIO RECORDING: For what?
ERIKA JOHNSON: That she, that she works here.
AUDIO RECORDING: I would, I wouldn't give anything.
ERIKA JOHNSON: Yeah. And they ask -- they asked did she work here? I was like, yeah, she works here but I don't know what you want. So --
AUDIO RECORDING: Erika, Erika.
ERIKA JOHNSON: Yes.
AUDIO RECORDING: Do me a favor. I'm not there right now.
ERIKA JOHNSON: Uh-huh.
AUDIO RECORDING: And I'm in surgery. Well, it's not my office. It's my dad's office.
ERIKA JOHNSON: Uh-huh.
AUDIO RECORDING: So I can't give anything out.
ERIKA JOHNSON: why?
AUDIO RECORDING: I mean, I don't have access to it. I don't know where anything is.
ERIKA JOHNSON: Okay.
AUDIO RECORDING: So you don't have access to anything.
ERIKA JOHNSON: No. And I don't know where anything is either.
AUDIO RECORDING: So I would do this. I would not, I would not speak to anybody.
ERIKA JOHNSON: Uh-huh.
AUDIO RECORDING: I mean, you could, I mean, you could do whatever you want but I don't -- it's my dad's office.
ERIKA JOHNSON: Yeah.
AUDIO RECORDING: So I don't have access to any of that stuff.
ERIKA JOHNSON: Okay.
AUDIO RECORDING: So they can talk to my dad. I'm sure they'll be able to get whatever they want from them.
ERIKA JOHNSON: Okay. Understandable.
AUDIO RECORDING: So if I had it -- I don't know. You could talk to whoever you want. I shouldn't say don't talk to anybody.
ERIKA JOHNSON: No. You know I'm going to do whatever you Say.
AUDIO RECORDING: No, no, no. I mean, I'm not -- I shouldn't say don't talk to anyone. Talk to whoever on the planet you want to talk to, but it's not my office and it's not your office.
ERIKA JOHNSON: Right.
AUDIO RECORDING: So you don't have records to give them, and I don't have records to give them, so I'm sure they'11 be able to help them out in any way, any way they can.
ERIKA JOHNSON: Okay. So that's what I'll tell them.
AUDIO RECORDING: That -- yeah. Tell them it's not -- and it's not my office. The office was sold back to my dad, actually --
ERIKA JOHNSON: Right.
AUDIO RECORDING: -- a long time ago. So tell them that you'll -- so, actually, you're talking to the wrong Dr. Adelson.
ERIKA JOHNSON: Right, right, right.
AUDIO RECORDING: So what you need to do is tell them that you will get in contact -- so the problem -- it's not your office. You can't --
ERIKA JOHNSON: Yeah. They said within 20 days of the Florida Statutes provide above cause with --
AUDIO RECORDING: Are they, are they there now or did they just hand it --
ERIKA JOHNSON: They're there. No. I'm in the back. I'm in the back. They're just waiting for me to come back.
AUDIO RECORDING: Oh. They want records.
ERIKA JOHNSON: Yeah.
AUDIO RECORDING: Do me a favor. I'm going to call from a landline on your cell phone.
ERIKA JOHNSON: Okay.
AUDIO RECORDING: Okay?
ERIKA JOHNSON: Okay.
AUDIO RECORDING: Okay. Bye.
(State's Exhibit 106 concludes.)
BY MS. DUGAN:
MS. DUGAN: we heard you say at the beginning of the call you were referencing Katy. when you said Katy, were you talking about Katherine Magbanua?
ERIKA JOHNSON: Yes.
MS. DUGAN: And how did you know Katherine Magbanua?
ERIKA JOHNSON: She was a patient at the office and his girlfriend.
MS. DUGAN: Okay. A patient at Adelson Institute and Charlie Adelson's girlfriend?
ERIKA JOHNSON: Yes.
MS. DUGAN: Had you ever seen Katherine Magbanua work at Adelson Institute?
MS. DUGAN: Did Adelson Institute have a cleaning service that came?
ERIKA JOHNSON: Yes.
MS. DUGAN: And was it a husband-and-wife team that cleaned the office?
ERIKA JOHNSON: Yes.
MS. DUGAN: And was Katy -- Katherine Magbanua part of that husband-and-wife team?
MS. DUGAN: were you on yearly salary or paid by the hour at Adelson Institute?
ERIKA JOHNSON: Hourly.
MS. DUGAN: And would you get paid every two weeks?
ERIKA JOHNSON: Yes.
MS. DUGAN: At that time, were your checks around $589 every two weeks for about 28 hours a week?
ERIKA JOHNSON: Yes.
MS. DUGAN: would you ever get paid for weeks of work in advance?
ERIKA JOHNSON: Yes.
MS. DUGAN: And when would that occur? what was going on for that to occur?
ERIKA JOHNSON: They would go on vacation.
MS. DUGAN: Okay. And when that would happen, when they would go on vacation, would you sometimes get two checks at a time?
ERIKA JOHNSON: Yes.
MS. DUGAN: would you ever get four, five, six checks at a time?
ERIKA JOHNSON: Not that I could remember.
MS. DUGAN: were you aware of any Charlie Adelson's girlfriends being on the payroll at Adelson Institute?
MS. DUGAN: was Donna Adelson the person that took care of payroll?
ERIKA JOHNSON: Yes.
MS. DUGAN: Had you ever been aware of any employee in the history of Adelson Institute that worked exclusively by phone or remotely?
MS. DUGAN: That's all I have. Thank you.
JUDGE EVERETT: Cross-examination.
MR. RASHBAUM: Very, very briefly.
CROSS- EXAMINATION BY MR. RASHBAUM:
MR. RASHBAUM: Good afternoon.
ERIKA JOHNSON: Good afternoon.
MR. RASHBAUM: At the time of that call, Charlie Adelson didn't own the office, correct?
ERIKA JOHNSON: Correct.
MR. RASHBAUM: And the reason why you called him is because his parents -- Harvey was out of -- Harvey and Donna were out of town, right?
ERIKA JOHNSON: Yes.
MR. RASHBAUM: The reason why you went to the back of the office when they came is because there were patients in the office, right?
ERIKA JOHNSON: Correct.
MR. RASHBAUM: And you were nervous about this all going on with patients in the office, right?
ERIKA JOHNSON: Absolutely.
MR. RASHBAUM: And Charlie, when he called you back, that was his big concern, right --
ERIKA JOHNSON: Yes.
MR. RASHBAUM: -- the patients being in the office, right?
when he called you back, was there anything crazy that he told you?
ERIKA JOHNSON: I don't -- nothing.
MR. RASHBAUM: Now, there's been talk about this answering machine. It was like an old-fashioned type of answering machine, right?
ERIKA JOHNSON: Yeah. The ones -- a voicemail, yes.
MR. RASHBAUM: And on the answering machine, Harvey Adelson would give his name and cell phone number for an emergency, right?
ERIKA JOHNSON: Correct.
MR. RASHBAUM: By the way, Charlie Adelson, he only worked at the Adelson Institute maybe one -- maybe two times a month, right?
ERIKA JOHNSON: Yes.
MR. RASHBAUM: And when he would work there, he'd work mostly with you, right?
ERIKA JOHNSON: Yes.
MR. RASHBAUM: You liked working with him, right?
ERIKA JOHNSON: Loved.
MR. RASHBAUM: And you'd work late at night.
ERIKA JOHNSON: Yes.
MR. RASHBAUM: And sometimes you'd go out to dinner late at night after, right?
ERIKA JOHNSON: Yes.
MR. RASHBAUM: By the way, you say you loved working with Charlie Adelson. Did you continue to work with him after the allegations in this case?
ERIKA JOHNSON: Yes.
MR. RASHBAUM: Did you ever worry about working with him?
MS. DUGAN: Objection to --
MS. DUGAN: -- relevance.
JUDGE EVERETT: Sustained. You're to disregard the last answer to that question.
Please move on.
BY MR. RASHBAUM:
MR. RASHBAUM: You continued to work with him until he got arrested, correct?
ERIKA JOHNSON: Correct.
MR. RASHBAUM: I have no further questions, Your Honor.
JUDGE EVERETT: Redirect examination.
REDIRECT EXAMINATION BY MS. DUGAN:
MS. DUGAN: So at one point Adelson Institute was sold to Charlie Adelson and then sold back to Harvey Adelson, right?
ERIKA JOHNSON: I think so.
MS. DUGAN: But Charlie Adelson still worked as a dentist there, right?
ERIKA JOHNSON: Yes.
MS. DUGAN: At the -- his family's dental practice?
ERIKA JOHNSON: Yes.
MS. DUGAN: And he also worked as a traveling periodontist, correct?
ERIKA JOHNSON: Yes.
MS. DUGAN: Okay. Just a second.
(Off-the-record discussion.)
BY MS. DUGAN:
MS. DUGAN: Do you remember previously saying that you didn't remember what happened when he called you back on the landline?
ERIKA JOHNSON: I don't remember.
MS. DUGAN: Okay.
MS. DUGAN: That's all.
JUDGE EVERETT: will Ms. Johnson be recalled at any point or is she released?
MS. DUGAN: No. She can be released. Thank you.
MR. RASHBAUM: She can be released, Your Honor.
JUDGE EVERETT: Have a good day.
Members of the jury, we're going to take our lunch break at this point. Once again, I'm going to remind you of the thing that I always do.
(witness exits.)
JUDGE EVERETT: Do not discuss the case with each other or anyone else. Do not watch any news coverage. Do not seek out any information concerning this matter. We are going to resume with the trial at 1:45. Please report back by 1:30.
(Jury exits.)
JUDGE EVERETT: All right. we are at recess. If the attorneys can report back at 1:30, as well.
MS. DUGAN: Yes, sir.
MR. RASHBAUM: Thank you, Your Honor.
(Lunch recess.)