2.Katherine Magbanua — Direct/Cross/Redirect
1,683 lines(Jury exits.)
JUDGE EVERETT: Please rise when the jury comes in and out.
Everyone can be seated.
(Pause. )
BAILIFF: AIl rise. Court is back in session.
JUDGE EVERETT: Everyone can be seated.
MS. CAPPLEMAN: May we approach, Your Honor?
JUDGE EVERETT: Yes, you may.
(Sidebar discussion held as follows):
MS. CAPPLEMAN: I've got some issues for planning purposes. So this witness that I just called, I was informed something I asked my office to get done with her this morning didn't get done, which has to do with her authenticating a voice on a call.
I assume you're not going to stipulate?
MR. RASHBAUM: what voice? I'll probably stipulate to it.
MS. CAPPLEMAN: Your client's, his mother's, and her own voice.
MR. RASHBAUM: Be specific. I mean, I'm not sure I understand. My client's voice?
MS. CAPPLEMAN: Your client's voice --
MR. RASHBAUM: Yeah.
MS. CAPPLEMAN: -- Donna's voice, and her own voice.
MR. RASHBAUM: I'll stipulate to that.
MS. CAPPLEMAN: Okay.
JUDGE EVERETT: All right. That settles that. Anything else?
MS. CAPPLEMAN: I'm still going to have her when she -- now you're just watching the sausage being made. I'm still going to have her initial the list after and then seek to introduce it, if those calls become relevant.
MR. RASHBAUM: I'm not going to fight you on names.
MS. CAPPLEMAN: Okay. well, let's proceed with this witness then. I think that resolves that.
JUDGE EVERETT: Okay.
(Sidebar discussion concludes.)
JUDGE EVERETT: You can bring in Ms. Magbanua.
BAILIFF: Ms. Cappleman.
MS. CAPPLEMAN: Yes. We're ready for her. Thank you.
BAILIFF: Okay.
(Pause. )
JUDGE EVERETT: You can be seated for now.
If the jurors are good to be brought in, please bring them in.
Ms. Magbanua, once the jurors come in, you'll need to remain standing. I will swear you in and then you can take your seat. Okay?
LUIS RIVERA: Yes, sir.
(jury enters.)
JUDGE EVERETT: Everyone but the witness may be seated. Please raise your right hand.
Whereupon, KATHERINE MAGBANUA 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.
KATHERINE MAGBANUA: Yes, Your Honor.
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Ma'am, please say your name and spell your name.
KATHERINE MAGBANUA: Katherine Magbanua, K-A-T-H-E-R-I-N-E, M-A-G-B-A-N-U-A.
MS. CAPPLEMAN: I see that you're in jail clothes. Are you currently in custody?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: what are you in custody for?
KATHERINE MAGBANUA: For murder.
MS. CAPPLEMAN: Are you doing a sentence for murder?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: You were convicted of murder?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And is that the murder of Dan Markel?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Did you have a trial in your case?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Did you testify?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: You testified in your own -- on your own behalf.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: All right. And when you testified, were you truthful with the jury?
KATHERINE MAGBANUA: No, ma'am. I was not.
MS. CAPPLEMAN: Did you take the same oath that you just took today in your own trial?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: what was your defense when you were tried?
KATHERINE MAGBANUA: That I had nothing to do with it.
MS. CAPPLEMAN: All right. Did -- that we got it right in reference to Charlie Adelson and that we got it right in regards to the killers.
KATHERINE MAGBANUA: Yes, ma‘am.
MS. CAPPLEMAN: But you weren't in the middle.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: was that true?
KATHERINE MAGBANUA: No, ma'am. It was not.
MS. CAPPLEMAN: were you in the middle?
KATHERINE MAGBANUA: Yes, ma'am. I was.
MS. CAPPLEMAN: And didn't you also testify in the trial in which Sigfredo Garcia was convicted of murder?
KATHERINE MAGBANUA: Yes, ma'am. I was.
MS. CAPPLEMAN: And what was his defense?
KATHERINE MAGBANUA: That he had nothing to do with it.
MS. CAPPLEMAN: That we got it right in reference to Charlie Adelson, and we got it right in reference to the killers, but he had nothing to do with it, right?
KATHERINE MAGBANUA: Yes, ma'am.
MR. RASHBAUM: Objection. Objection, Your Honor, leading.
JUDGE EVERETT: Overruled. Ms. Cappleman, make sure you use open-ended questions.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: was that defense truthful?
KATHERINE MAGBANUA: No, ma'am. It was not.
MS. CAPPLEMAN: So Sigfredo Garcia was involved.
KATHERINE MAGBANUA: Yes, ma'am. He was.
MS. CAPPLEMAN: So why tell the truth now?
KATHERINE MAGBANUA: I believe that the truth needed to come out now so that the family can get some type of closure.
MS. CAPPLEMAN: why didn't the truth need to come out last year or the year before --
KATHERINE MAGBANUA: I was --
MS. CAPPLEMAN: -- or the year before that?
KATHERINE MAGBANUA: I was trying to defend myself.
MS. CAPPLEMAN: You were trying to get off.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Did you think you'd be successful in your trial with that defense?
KATHERINE MAGBANUA: I thought so.
MS. CAPPLEMAN: Has anyone promised you in anything -- promised you anything for your testimony here today?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: weren't you originally offered immunity for cooperation in this case?
KATHERINE MAGBANUA: Yes, ma'am. I was.
MS. CAPPLEMAN: But you didn't take us up on that.
KATHERINE MAGBANUA: No, ma'am. I didn't.
MS. CAPPLEMAN: Because you thought you could get off completely, right?
KATHERINE MAGBANUA: Yes, ma’am.
MS. CAPPLEMAN: And now you're doing a life sentence.
KATHERINE MAGBANUA: Yes, ma'am. I am.
MS. CAPPLEMAN: Did Charlie Adelson threaten to harm you if you told the truth?
KATHERINE MAGBANUA: No, ma'am. He didn't threaten me.
MS. CAPPLEMAN: Did anybody threaten you to keep your silence?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: Did anybody promise you anything if you remained silent all these years?
KATHERINE MAGBANUA: I wasn't promised anything but -- I mean, the -- I wasn't promised anything.
MS. CAPPLEMAN: Go ahead. Finish your thought. You weren't promised anything but what?
KATHERINE MAGBANUA: I thought everything was going to be okay.
MS. CAPPLEMAN: You thought, you thought you'd be acquitted.
KATHERINE MAGBANUA: Yes, ma‘am.
MS. CAPPLEMAN: All right. So did you know Dan Markel?
KATHERINE MAGBANUA: I did not.
MS. CAPPLEMAN: Did you have any personal beef with him?
KATHERINE MAGBANUA: No, ma'am. I did not.
MS. CAPPLEMAN: what was your motivation for becoming a part of this murder plot?
KATHERINE MAGBANUA: Financially.
MS. CAPPLEMAN: So not as a favor to Charlie Adelson?
MR. RASHBAUM: Objection, Your Honor, leading.
JUDGE EVERETT: what is the objection?
MR. RASHBAUM: Leading.
MS. CAPPLEMAN: I'll rephrase it, Your Honor.
JUDGE EVERETT: Sustained.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: was it a favor to Charlie Adelson?
KATHERINE MAGBANUA: Yes, ma'am. It was.
MS. CAPPLEMAN: But your primary motivation was not favor to Charlie Adelson?
KATHERINE MAGBANUA: well, yes, ma'am. It was. And financially.
MS. CAPPLEMAN: All right. Because you were going to get paid --
MS. CAPPLEMAN: -- for your part?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: How much did you get paid?
KATHERINE MAGBANUA: I don't know the exact amount.
MS. CAPPLEMAN: what was your relationship to Charlie Adelson?
KATHERINE MAGBANUA: He was my ex-boyfriend.
MS. CAPPLEMAN: when did you meet him?
KATHERINE MAGBANUA: I believe that was in 2013.
MS. CAPPLEMAN: Do you know what month?
KATHERINE MAGBANUA: Has to be around September.
MS. CAPPLEMAN: Can you point him out and describe what he's wearing?
KATHERINE MAGBANUA: He's sitting over there with a blue jacket anda blue tie.
MS. CAPPLEMAN: Let the record reflect the witness has identified the defendant.
JUDGE EVERETT: The record will reflect.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: I'm going to show you what I've marked as State's 48. Do you recognize this exhibit?
KATHERINE MAGBANUA: Yes, ma'am. I do.
MS. CAPPLEMAN: How do you recognize it?
KATHERINE MAGBANUA: That's when we went to Key west.
MS. CAPPLEMAN: Is that a fair and accurate photo of you and Charlie Adelson?
KATHERINE MAGBANUA: Yes, ma'am. It is.
MS. CAPPLEMAN: Is that when the two of you -- taken when the two of you were dating?
KATHERINE MAGBANUA: Yes, ma‘am.
MS. CAPPLEMAN: Judge, at this time I'd ask to move into evidence State's 48.
JUDGE EVERETT: Any objection?
MR. RASHBAUM: No objection, Your Honor.
JUDGE EVERETT: Forty-eight is admitted.
(State's Exhibit No. 48 received in evidence.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: So was this photo taken before or after the murder?
KATHERINE MAGBANUA: Before.
MS. CAPPLEMAN: who came up with the idea to kill Dan Markel?
KATHERINE MAGBANUA: Charlie.
MS. CAPPLEMAN: So Sigfredo Garcia didn't come up with the idea?
KATHERINE MAGBANUA: No, ma'am. He did not.
MS. CAPPLEMAN: Luis Rivera didn't come up with the idea?
KATHERINE MAGBANUA: No, ma'am. He did not.
MS. CAPPLEMAN: when did the defendant first bring this idea up to you?
KATHERINE MAGBANUA: My first recollection was around Halloween of 2013.
MS. CAPPLEMAN: Around Halloween or on actual --
KATHERINE MAGBANUA: On Halloween. Yes, ma'am.
MS. CAPPLEMAN: All right. what's your recollection of how that came up?
KATHERINE MAGBANUA: we were at a Halloween party in Lincoln Road. And right before we were about to go, he got in the car with me and he asked me a question.
MS. CAPPLEMAN: what was the question?
KATHERINE MAGBANUA: Do you know anybody that can harm someone?
MS. CAPPLEMAN: And did you know anybody that could harm someone?
KATHERINE MAGBANUA: Yes, ma'am. I did.
MS. CAPPLEMAN: who was that?
KATHERINE MAGBANUA: Sigfredo.
MS. CAPPLEMAN: And, at the time, what was your relationship with Sigfredo?
KATHERINE MAGBANUA: It wasn't the best.
MS. CAPPLEMAN: But he was the father of your children, right?
KATHERINE MAGBANUA: Yes, ma'am. He is.
MS. CAPPLEMAN: So were you dating both men at this time, or were you only dating Charlie?
KATHERINE MAGBANUA: No. I was only dating Charlie.
MS. CAPPLEMAN: Okay. And so he initially -- he, meaning the defendant, initially said, do you know anyone that could harm someone? was he aware of your connection to Sigfredo Garcia when he made that --
KATHERINE MAGBANUA: Not --
MS. CAPPLEMAN: -- statement?
KATHERINE MAGBANUA: Not that I know of. No, ma'am.
MS. CAPPLEMAN: Did you suggest Sigfredo Garcia at that time to the defendant?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: what did you say?
KATHERINE MAGBANUA: I just said yes and kind of left it alone.
MS. CAPPLEMAN: All right. Did it go any further than that at that time?
KATHERINE MAGBANUA: Not at that -- not that night. I don't believe so.
MS. CAPPLEMAN: Did you know who he wanted harmed?
KATHERINE MAGBANUA: Did...
MS. CAPPLEMAN: At that time?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: All right. Had you become aware, during the course of your relationship with him, that he had some kind of issue going on with his sister's ex-husband?
KATHERINE MAGBANUA: Yes, ma'am. I did.
MS. CAPPLEMAN: what did you learn about that?
KATHERINE MAGBANUA: He was just stating that his family wasn't -- his mom and dad was stressed and that his sister was having a -- problems with her husband and custody of her two children.
MS. CAPPLEMAN: And when did you learn that the person that the defendant wanted harmed was this ex-husband of the sister?
KATHERINE MAGBANUA: I believe later on.
MS. CAPPLEMAN: All right. And did you -- when did you learn the name Dan Markel?
KATHERINE MAGBANUA: It wasn't until -- I don't know if it was on my trial or when Sigfredo got arrested.
MS. CAPPLEMAN: Okay. So even when he was killed, you didn't know the name of the person that was being killed.
KATHERINE MAGBANUA: Yes. I never knew his name.
MS. CAPPLEMAN: How did the defendant refer to this person, if not by the name Dan or Danny Markel?
KATHERINE MAGBANUA: wendy's husband.
MS. CAPPLEMAN: So you knew that the person that was going to be initially harmed was wendy's husband.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Okay. And you knew that there were issues, or what did you know about the beef with him?
KATHERINE MAGBANUA: That -- I mean, he was just -- he painted this picture that this was a terrible man and making his family go through a lot, custody wise, with his sister.
MS. CAPPLEMAN: All right. And was -- when he would say these things to you, is it in the context of his mom, specifically, or his family, in general?
KATHERINE MAGBANUA: I believe it was more towards his mom.
MS. CAPPLEMAN: Meaning what?
KATHERINE MAGBANUA: That his mom hasn't been sleeping. His mom 7s not eating. I know his dad wasn't, wasn't the best health either. But it was -- he would refer to his mom a lot.
MS. CAPPLEMAN: And the reason she wasn't sleeping or eating, did that have to do with this ex-husband of wendy?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Did you ever tell the defendant who it was that was going to be doing the job?
KATHERINE MAGBANUA: No, ma'am. I did not.
MS. CAPPLEMAN: why didn't you say the name Sigfredo to Charlie Adelson?
KATHERINE MAGBANUA: I always referred to each other as my friend, either -- neither one of them wanted to really hear each other's names.
MS. CAPPLEMAN: And is -- why is that?
KATHERINE MAGBANUA: Because Sigfredo was the -- my -- the father of my kids, and I was dating him at that time. I was dating Charlie at that time.
MS. CAPPLEMAN: Okay. So Sigfredo Garcia, did he have strong feelings about the defendant?
KATHERINE MAGBANUA: Yes. He didn't like him.
MS. CAPPLEMAN: Okay. And is that because you were dating him?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Okay. And vice versa. You're not going to talk about the child's father with the new boyfriend either.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Okay. So is it true then that you were sort of walling these two off from each other before the issue of the murder and the conspiracy ever even arose?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And did that pattern continue throughout the murder conspiracy?
KATHERINE MAGBANUA: Yes, ma'am. It did.
MS. CAPPLEMAN: Do you think Charlie Adelson knew that it was your child's father that you were going to?
KATHERINE MAGBANUA: He might have had an idea, but he just never said it out loud.
MS. CAPPLEMAN: There's one phone call between -- I think it's from Sigfredo Garcia to Harvey Adelson, the father of the defendant. Do you know anything about that phone call? That was on July 1st of 2014.
KATHERINE MAGBANUA: Yes, ma’am.
MS. CAPPLEMAN: what do you know about that phone call?
KATHERINE MAGBANUA: From the trial, what I remember was that Sigfredo had contacted or was trying to contact Charlie, but we were in a heated argument at that time. we were kind of in the middle of the street, and I guess it's the first thing he looked up was his work number.
MS. CAPPLEMAN: All right. So you say you were in a heated argument. Is this the confrontation that occurred while y'all were you -- you and the defendant were going jet skiing?
KATHERINE MAGBANUA: I believe that was after.
MS. CAPPLEMAN: It was after that incident?
KATHERINE MAGBANUA: Yes, ma‘am.
MS. CAPPLEMAN: Okay. How many interactions, personally, face-to-face, did, to your knowledge, Charlie Adelson have with Sigfredo Garcia?
KATHERINE MAGBANUA: That was probably the only one that I ki -- I remember was that jet ski accident.
MS. CAPPLEMAN: Accident or...
KATHERINE MAGBANUA: Or, like, the confrontation.
MS. CAPPLEMAN: All right. Tell us what happened at that confrontation.
KATHERINE MAGBANUA: Sigfredo had just picked up the kids and he was eating at a corner pizza place with the kids and he saw that Charlie was coming by to go pick me up and, I guess, saw the jet skis in the back of the car. So he loaded up the kids and cut us off. Was screaming a couple things out loud, but we didn't really hear anything because our windows was up.
MS. CAPPLEMAN: All right. Did -- you say he cut you off. Do you mean in traffic?
KATHERINE MAGBANUA: In the back, in the back street of where I lived at the -- at that time.
MS. CAPPLEMAN: All right. And when you say he cut you off, did he run you off the road or something else?
KATHERINE MAGBANUA: He kind of just went right and blocked the road in front of us. So Charlie had to kind of do a three-point turn and go around the other way.
MS. CAPPLEMAN: Did the two men actually get out into the street and confront each other?
KATHERINE MAGBANUA: No, ma'am. They did not.
MS. CAPPLEMAN: Okay. Were any actual words exchanged through the windows?
KATHERINE MAGBANUA: Through the windows, yes. But I had my window up, so we didn't know what Sigfredo was saying.
MS. CAPPLEMAN: All right. So Sigfredo shouted some things out the window. Did Mr. Adelson do the same?
KATHERINE MAGBANUA: No. He didn't.
MS. CAPPLEMAN: And what were the things that were shouted out the window? were you able to hear them or not?
KATHERINE MAGBANUA: I didn't hear anything.
MS. CAPPLEMAN: All right. And at this point -- this is July 1st of 2014. The plot is already underway to do this murder, right?
KATHERINE MAGBANUA: Yes, ma‘am.
MS. CAPPLEMAN: Does Sigfredo Garcia know that he's doing the murder for Charlie Adelson?
KATHERINE MAGBANUA: To my knowledge, he might have had an inkling about it but I don't know. That was never spoken of.
MS. CAPPLEMAN: Okay. The killers -- and when I say the killers, I'm referring to Garcia and Rivera -- knew they were doing something for a lady to get her kids back.
KATHERINE MAGBANUA: Yeah.
MS. CAPPLEMAN: Do you know how they knew that information?
KATHERINE MAGBANUA: I believe it's because of the envelope that Charlie gave me to pass over.
MS. CAPPLEMAN: Okay. So you didn't relay that information to them that it had to do with a lady and her kids.
KATHERINE MAGBANUA: I might have mentioned it to Sigfredo. Yes.
MS. CAPPLEMAN: Okay. So if you mentioned that to Sigfredo, would you be -- I guess, were you intentionally trying to characterize this job as being related to someone other than Charlie Adelson?
KATHERINE MAGBANUA: I believe so. Yes.
MS. CAPPLEMAN: Because -- is that because Sigfredo Garcia would not have wanted to do anything to help out Charlie Adelson?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: All right. So do you think Sigfredo knew that this lady with the kids was somehow connected to Charlie Adelson?
KATHERINE MAGBANUA: I believe so.
MS. CAPPLEMAN: All right. And there was going to be a lot of money paid for this job, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Did you know anybody else with that kind of money or that might have had that kind of money to get this job for them?
KATHERINE MAGBANUA: No, ma'am. I did not.
MS. CAPPLEMAN: All right. You mention the paper. Luis Rivera said there was a paper that Sigfredo had when they came to do the murder. Do you know anything about that paper?
KATHERINE MAGBANUA: No, ma'am. I don't.
MS. CAPPLEMAN: All right. Did you provide a paper to Sigfredo Garcia?
KATHERINE MAGBANUA: Yes, I did.
MS. CAPPLEMAN: All right. And when you say you don't know anything about it but you gave it to him, you obviously know something about it, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Okay. So tell us what -- I know what you're trying to say is you don't know what was on the paper.
KATHERINE MAGBANUA: The content of it.
MR. RASHBAUM: Objection, Your --
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Tell us how you got the paper.
JUDGE EVERETT: One moment. Mr. Rashbaum.
MR. RASHBAUM: Leading.
JUDGE EVERETT: Sustained. Ms. Cappleman, please use open-ended question. BY MS. CAPPLEMAN;
MS. CAPPLEMAN: Tell us how you came into possession of this paper that the killers had.
KATHERINE MAGBANUA: Okay. One day, just a random night that I was over at Charlie's house, he had a manila envelope that was sealed. He told me, Katy, do not open it, do not touch it, do not look inside it. I didn't print this paper out from my office. Printed it probably from another office. And, basically, relay -- you know, give that paper to the other person.
MS. CAPPLEMAN: All right. who was saying this?
KATHERINE MAGBANUA: This was Charlie.
MS. CAPPLEMAN: All right. This defendant.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: He says to you, I have this paper. How does he give it to you?
KATHERINE MAGBANUA: I had a diaper bag. So he showed me the envelope and I was like, just put it in there.
MS. CAPPLEMAN: Did he express any concerns about fingerprints being on the envelope or the contents?
KATHERINE MAGBANUA: Yes, ma'am. He said he wore a glove so that there's no fingerprint on it. He was -- he told -- he was very specific about me not opening it and not looking inside it. And he also told me that he didn't print from his office.
MS. CAPPLEMAN: All right. And what about licking the envelope?
KATHERINE MAGBANUA: And that he didn't lick the envelope.
MS. CAPPLEMAN: He said he did not lick the envelope?
KATHERINE MAGBANUA: He did not lick that -- the envelope.
MS. CAPPLEMAN: And what was the purpose of that?
KATHERINE MAGBANUA: I guess his DNA.
MS. CAPPLEMAN: Okay. So did you touch the envelope?
KATHERINE MAGBANUA: It was in my diaper bag but I don't remember if I ever -- I never opened it. But I might have touched it just to stick it inside, in my diaper bag.
MS. CAPPLEMAN: And did you deliver the envelope to Sigfredo Garcia?
KATHERINE MAGBANUA: I called -- I contact -- I must have contacted Sigfredo and just told him, hey, come by the house and then -- you know, he was kind of in and out of my life so he'd pop up. He literally got the envelope. I was like, you have something inside that bag. And then he grabbed it, stuffed it in his pants, and left.
MS. CAPPLEMAN: Okay. In regards to the June trip that the killers made, did you provide Garcia or Rivera with any money for expenses --
KATHERINE MAGBANUA: Yes, ma’am.
MS. CAPPLEMAN: -- associated with that trip?
KATHERINE MAGBANUA: Yes, ma'am. I did.
MS. CAPPLEMAN: And where did you get the money from to do that?
KATHERINE MAGBANUA: From Charlie Adelson.
MS. CAPPLEMAN: Can you tell us about that? what was, what was the context of you getting that money?
KATHERINE MAGBANUA: Sigfredo would just ask me, hey, I'm going to need some money. I need to go out of town. And I'm like, okay. So then I'd go to Charlie or I'd be at Charlie's house and I'll tell him, I need some money for the expenses.
MS. CAPPLEMAN: And he gave you some money?
KATHERINE MAGBANUA: Yes, ma‘am.
MS. CAPPLEMAN: About how much money, if you know?
KATHERINE MAGBANUA: I can't recall but it was a couple hundred dollars.
MS. CAPPLEMAN: So this thing started back in October of '13 and doesn't get done until July of '14. Is there -- can you describe whether there's any pressure as time is going on and this thing is not getting done?
KATHERINE MAGBANUA: I'm trying to remember, like, in the beginning of the year. I don't think there was really much. I mean, he was, he's been planting the seed in my head that this needed to get done, this needed to get done. And, I guess, towards probably around June, July is when he was a little bit more adamant about this job getting done.
MS. CAPPLEMAN: Okay. And when you say he, you're talking about who?
KATHERINE MAGBANUA: Charlie.
MS. CAPPLEMAN: Did you ever have any contact with any other Adelson about this job?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: In the context of this needs to get done, this pressure getting put on you, is there ever a mention of the mom, Donna, or the divorce situation in the context of getting it done?
KATHERINE MAGBANUA: At that time, not that I could recall.
MS. CAPPLEMAN: Can we publish 35, please?
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Is this you on the left side of the screen?
KATHERINE MAGBANUA: Yes, ma'am. It is.
MS. CAPPLEMAN: All right. And was this picture -- where was this picture taken?
KATHERINE MAGBANUA: This was in South Beach. I believe the building that they were living at, at the -- where Charlie's parents were living at.
MS. CAPPLEMAN: Is that the Icon?
KATHERINE MAGBANUA: I don't, I don't think that was the Icon. It was somewhere in First and Ocean.
MS. CAPPLEMAN: Okay. So a different residence.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: All right. And this photo, was this the first time you'd ever met wendy, or had you already known wendy before this photo?
KATHERINE MAGBANUA: I met her one time prior to this, because I believe this was in Father's Day. So I met her around spring break, when I had dinner with her and Jeffrey.
MS. CAPPLEMAN: Okay.
KATHERINE MAGBANUA: Lacasse.
MS. CAPPLEMAN: So the Yardbird restaurant?
KATHERINE MAGBANUA: Yes, ma‘am.
MS. CAPPLEMAN: All right. So this was the second time you'd met her.
KATHERINE MAGBANUA: Yes, ma‘am.
MS. CAPPLEMAN: Did you have a relationship with her outside of her being Charlie's sister?
KATHERINE MAGBANUA: No, ma'am. I did not.
MS. CAPPLEMAN: Did you communicate with her by phone or through any apps or anything like that?
KATHERINE MAGBANUA: No, ma'am. I did not.
MS. CAPPLEMAN: Did you receive any communication from her specifically about the homicide?
KATHERINE MAGBANUA: No, ma'am. I did not.
MS. CAPPLEMAN: Did wendy ever give you any money or other gifts?
KATHERINE MAGBANUA: No, ma'am. She did not.
MS. CAPPLEMAN: Did anybody pay you for your part in the murder other than Charlie Adelson?
KATHERINE MAGBANUA: No, ma'am. They did not.
MS. CAPPLEMAN: All right. And the payments from Charlie Adelson, did those include the checks that were signed by his mother --
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: -- from Adelson Institute?
KATHERINE MAGBANUA: Yes, ma'am. It was.
MS. CAPPLEMAN: Did you perform any job at the Adelson Institute?
KATHERINE MAGBANUA: No, ma'am. I did not.
MS. CAPPLEMAN: You didn't go up there and clean on weekends?
KATHERINE MAGBANUA: No, ma'am. I did not.
MS. CAPPLEMAN: On the night of the murder, did you go to the defendant's house?
KATHERINE MAGBANUA: Yes, ma'am. I did.
MS. CAPPLEMAN: And where was that house, or what house was that?
KATHERINE MAGBANUA: That was in whale Harbor in Fort Lauderdale.
MS. CAPPLEMAN: All right. And did you get payment for the murder that night?
KATHERINE MAGBANUA: I believe it was the following morning.
MS. CAPPLEMAN: were you in a panic when you arrived at his house?
KATHERINE MAGBANUA: was I in a panic?
MS. CAPPLEMAN: In a panic.
KATHERINE MAGBANUA: I wasn't in a panic but Charlie was.
MS. CAPPLEMAN: Okay. Explain that. How was he acting?
KATHERINE MAGBANUA: when I opened the door, he had -- he was kind of frantic, and he had a gun in his hand. And he was just all over the place.
MS. CAPPLEMAN: was that normal behavior for him?
KATHERINE MAGBANUA: Not having a gun in his hand. No, ma'am.
MS. CAPPLEMAN: All right. Did you know him to have a gun prior to that?
KATHERINE MAGBANUA: Yes, ma'am. He has a gun safe.
MS. CAPPLEMAN: All right. But he just didn't usually carry around in his hand?
KATHERINE MAGBANUA: Yeah. He's never had it in his hand.
(cellular phone rings.)
JUDGE EVERETT: Turn the phone off, please.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: what was he saying to you when he was in this frantic state?
KATHERINE MAGBANUA: I can't really recall, because he, he had given me some Xanax. So I -- it was a little blurry that night. And I, I just tend to -- I just fell asleep, I think. we both fell asleep. So...
MS. CAPPLEMAN: All right. Can you tell the jury whether the excitement that he was showing had to do with the murder or something else?
KATHERINE MAGBANUA: Yes, ma'am. It had to do with that.
MS. CAPPLEMAN: Okay. was anybody else there at his residence when you arrived?
KATHERINE MAGBANUA: At that day, no, ma'am.
MS. CAPPLEMAN: Okay. Did you ever see his parents at the residence?
KATHERINE MAGBANUA: No. I didn't see his parents.
MS. CAPPLEMAN: How was the money packaged when you got -- I think you said you got it the next morning?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Okay.
KATHERINE MAGBANUA: It was --
MS. CAPPLEMAN: How was it packaged?
KATHERINE MAGBANUA: It was, it was in a plastic -- the money was in a plastic bag, like a Ziploc bag, that was inside a brown bag, and then, like, a grocery bag over it.
MS. CAPPLEMAN: And was the money stapled?
KATHERINE MAGBANUA: Yes, ma'am. It was.
MS. CAPPLEMAN: Can you explain how it was stapled, like, what size bills and what increments were stapled together?
KATHERINE MAGBANUA: I believe it was stapled in -- I never counted it, but it was, like, in a stack and it was stapled in the corner.
MS. CAPPLEMAN: Okay. were they hundred dollar bills or something else?
KATHERINE MAGBANUA: There were hundred dollar bills, and there was some twenties and fifties.
MS. CAPPLEMAN: Okay. And was the money damp?
KATHERINE MAGBANUA: Yes, ma'am. It was.
MS. CAPPLEMAN: Explain what you mean to the jury.
KATHERINE MAGBANUA: A couple days after that, I went and I opened the bag and I called Sigfredo. And I told him -- I was, like, there's mold on this money. And he's like, well, blow dry it. And I was like, well, why would there be mold on the money? And he's just, I don't know. Just blow dry it. So I believe his parents -- or his mom might have washed the money.
MS. CAPPLEMAN: You mean, like, physically washed the money?
KATHERINE MAGBANUA: Yes, ma‘am.
MS. CAPPLEMAN: And why do you think his mom did it?
KATHERINE MAGBANUA: Because he al -- he was always adament about telling me he didn't have money in his house. And he told me that his parents had just stopped by right before I got there.
MS. CAPPLEMAN: Okay.
KATHERINE MAGBANUA: So, all of a sudden, he had money to put in my -- in the trunk of my car the following morning.
MS. CAPPLEMAN: was the money -- I'm sorry I interrupted you.
KATHERINE MAGBANUA: I'm sorry.
MS. CAPPLEMAN: was the money already sorted out and packaged when you first saw it, or was he doing that --
KATHERINE MAGBANUA: No. It was already --
MS. CAPPLEMAN: -- while you were there?
KATHERINE MAGBANUA: -- stacked and sorted out.
MS. CAPPLEMAN: And did he have to -- so he didn't have to go anywhere to get the money. He already had it when you arrived.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: was there any argument that night about the money or the next morning?
KATHERINE MAGBANUA: with me and Charlie?
MS. CAPPLEMAN: Yes.
MS. CAPPLEMAN: Did you -- I guess you did stay there that night? You may have already said that.
KATHERINE MAGBANUA: Yes. I fell asleep.
MS. CAPPLEMAN: was there any argument with the defendant at all about anything that night?
KATHERINE MAGBANUA: No, ma'am. Not that I can recall.
MS. CAPPLEMAN: Did you threaten him in any way?
KATHERINE MAGBANUA: No, ma'am. I did not.
MR. RASHBAUM: Judge, may we go sidebar?
JUDGE EVERETT: Approach.
(sidebar discussion held as follows):
JUDGE EVERETT: Go ahead.
MR. RASHBAUM: Judge, we have received notes from proffers late last year in 2022. I've made repeated requests to the State from notes from any interviews they've done with this witness. Since then, we've received nothing. we've told -- we've been told she's told them nothing new. Now they're getting into questions regarding our defense, which were not jin any of those prior proffers. So I have no idea what she's about to say. Obviously, they've talked to her about this. we're making a gateway of a request. we haven't received any of this material.
JUDGE EVERETT: Response.
MS. CAPPLEMAN: I have never asked her this question before. I assume I do know the answer, because I've interviewed her before about what happened. And it ain't this, what the defense is alleging. So I feel comfortable asking the question. But there's nothing to provide to the defense.
JUDGE EVERETT: Other than the video recorded proffer, I assume that's already been turned over in discovery.
MS. CAPPLEMAN: The video proffer, Your Honor? Yes.
JUDGE EVERETT: Have there been any other notes or anything else that was recorded in relationship to other interviews that she's given?
MS. CAPPLEMAN: There are no notes. There are no other recorded interviews. I did speak to her in preparation for her testimony, and there were a couple items that I thought were new or slightly different from what she said previously. And I disclosed those to Mr. Rashbaum.
JUDGE EVERETT: Very well. Mr. Rashbaum, what you're asking for, a Goodson inquiry, I don't believe there's really anything else I can address with this.
MR. RASHBAUM: As long as we're on the record that this has never been discussed with the witness and that there's nothing that we don't have that's new. That's all I can ask at this point in time.
JUDGE EVERETT: Very well. Let's continue.
(sidebar discussion concludes.)
JUDGE EVERETT: You may continue with your examination.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Did you -- the night that you went to get the money, did you threaten Charlie Adelson in any way?
KATHERINE MAGBANUA: No, ma'am. I did not.
MS. CAPPLEMAN: Did you try to extort money out of him?
KATHERINE MAGBANUA: No, ma'am. I did not.
MS. CAPPLEMAN: The money that he gave you, is that something that had already been discussed or agreed upon in reference to this homicide?
KATHERINE MAGBANUA: well, I, I believe, yes, because it was, it was going to be payment for this.
MS. CAPPLEMAN: You weren't -- well, were you sent with a message from Sigfredo to tell him he better give it up or else?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: Did you relay to the defendant that his family was in danger if he didn't give you whatever it was you were asking for?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: How did Sigfredo Garcia and Luis Rivera get paid for their part in this murder?
KATHERINE MAGBANUA: That morning, I -- when I woke up, I was like, oh, my God, I got to go. So I drove back down, and I was trying to look for Sigfredo and having a hard time that morning. And then, eventually, I made it to the alleyway of where Luis' building was.
MS. CAPPLEMAN: was that on North...
KATHERINE MAGBANUA: North Miami.
MS. CAPPLEMAN: Yes.
KATHERINE MAGBANUA: And, like, 135th.
MS. CAPPLEMAN: where he lived with Jessica.
KATHERINE MAGBANUA: Yes, ma‘am.
MS. CAPPLEMAN: Okay. Go ahead.
KATHERINE MAGBANUA: And he just -- I was just waiting in the car. And all of a sudden, Sigfredo just, like, popped up and got inside the passenger's seat.
MS. CAPPLEMAN: All right. So they got their money from you.
KATHERINE MAGBANUA: Yes, ma'am. Sigfredo did.
MS. CAPPLEMAN: And Rivera got paid, as well, didn't he?
KATHERINE MAGBANUA: I believe so. Yes.
MS. CAPPLEMAN: All right. I want to draw your attention to what we're calling the bump. You know what we're talking about?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Okay. After the bump and the subsequent conversations were occurring, did you have any contact with any other Adelson about the bump, other than Charles Adelson?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: So you didn't talk to wendy about it.
KATHERINE MAGBANUA: No, ma'am. I did not.
MS. CAPPLEMAN: Didn't talk to Harvey or Donna about it.
KATHERINE MAGBANUA: No, ma'am. I did not.
MS. CAPPLEMAN: On the Dolce Vita meeting that -- do you recall what meeting I'm referencing?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: All right. was that a restaurant that you met Charlie at after the bump?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Okay. In that meeting -- and the jury hasn't heard this yet. But he's saying one of two scenarios. This is one of two scenarios. Do you --
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: -- remember that?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: what were the one of two scenario -- what were the two scenarios?
KATHERINE MAGBANUA: what he was speaking of was probably the FBI.
MS. CAPPLEMAN: Uh-huh.
KATHERINE MAGBANUA: Or Tato blackmailing --
MS. CAPPLEMAN: And by Tato --
KATHERINE MAGBANUA: -- their family.
MS. CAPPLEMAN: -- you mean Rivera?
KATHERINE MAGBANUA: Luis Rivera. Yes, ma'am.
MS. CAPPLEMAN: were you concerned about that, as well?
KATHERINE MAGBANUA: Yes, ma'am. I was.
MS. CAPPLEMAN: And what did you do to try to figure out who it was that had approached Donna Adelson?
KATHERINE MAGBANUA: I asked Sigfredo.
MS. CAPPLEMAN: So he was supposed to be looking into it.
KATHERINE MAGBANUA: Yes, ma‘am.
MS. CAPPLEMAN: were you there whenever he did whatever he did to try to find out who it was?
KATHERINE MAGBANUA: was I where?
MS. CAPPLEMAN: were you present when Sigfredo, I guess, went out and talked to people about whether --
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: -- they were involved?
KATHERINE MAGBANUA: I was not.
MS. CAPPLEMAN: Because, at that time, was Rivera in custody?
KATHERINE MAGBANUA: Yes, ma'am. He was -- yeah. He was already doing his federal sentence, I believe.
MS. CAPPLEMAN: So was the concern that maybe some of his associates might have done this?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Maybe he had run his mouth about it?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Have you reviewed what I had marked for you as State's Exhibit 111, the Dolce Vita recording with the transcript attached?
KATHERINE MAGBANUA: Yes, ma'am. I did.
MS. CAPPLEMAN: And does the transcript in that exhibit accurately reflect the words that were said at that meeting between yourself and the defendant?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: when the defendant described the bump to you -- strike.
when you were speaking with Charlie Adelson and also Sigfredo Garcia about this bump, did you speak in code?
KATHERINE MAGBANUA: Yes, ma'am. I did.
MS. CAPPLEMAN: And what was the purpose of speaking in code?
KATHERINE MAGBANUA: Probably just piggyback with what Charlie was speaking to me in code. So I kind of was like, okay, if he's talking in codes, kind of speak in codes, as well.
MS. CAPPLEMAN: was the concern that the calls could be recorded -- being recorded?
KATHERINE MAGBANUA: My concern was more that I was at work, so I really didn't want to say any phone numbers out loud or speak of what was going on.
MS. CAPPLEMAN: I'm going to approach and show you what I've marked as State's Demonstrative A. Have you seen this before? I don't know if you have.
KATHERINE MAGBANUA: No, ma'am. I have not.
MS. CAPPLEMAN: All right. It's got several items listed here as code words with the actual meaning next to them.
KATHERINE MAGBANUA: Yes, ma‘am.
MS. CAPPLEMAN: would you take a moment to just -- and the ones in red are the ones used by you. The ones in yellow are used by Charlie Adelson.
KATHERINE MAGBANUA: Okay.
MS. CAPPLEMAN: will you review this exhibit and tell me if it's accurate as far as what the code means?
(Pause. )
KATHERINE MAGBANUA: Yes, ma'am. It's accurate.
MS. CAPPLEMAN: Judge, at this time I'd ask to make use of State's Demonstrative A.
JUDGE EVERETT: Any objection?
MR. RASHBAUM: May I see it?
(Off-the-record discussion.)
MS. CAPPLEMAN: All right, Judge. I think we have an agreement with a couple redactions.
JUDGE EVERETT: Very well. If you can go ahead and make those now.
(off-the-record discussion.)
MS. CAPPLEMAN: Maybe if I can borrow a Sharpie from the clerk.
MR. RASHBAUM: I might have one.
(off-the-record discussion.)
MS. CAPPLEMAN: May I publish?
JUDGE EVERETT: You may.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. So the first one we have is $65.70. And, again, the jury hasn't heard these calls yet. But when you were talking to Sigfredo Garcia about $65.70, were you referring to the undercover phone number?
KATHERINE MAGBANUA: Yes, ma'am. I was.
MS. CAPPLEMAN: And then when you were talking to Charlie about an agent, were you talking about -- it seems like you're talking about real estate agent, but are you talking about the undercover agent that approached his mother?
KATHERINE MAGBANUA: Yes, ma'am. I was.
MS. CAPPLEMAN: And the CD, was that reference to a recorded -- a recording that the Adelsons made of their contact with the undercover?
KATHERINE MAGBANUA: A recording of their contact with them?
MS. CAPPLEMAN: Yes.
KATHERINE MAGBANUA: That they were being recorded?
MS. CAPPLEMAN: No. That they called undercover --
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: -- phone number and recorded it.
KATHERINE MAGBANUA: Yes, ma’am.
MS. CAPPLEMAN: Did you ever actually hear that recording?
KATHERINE MAGBANUA: No, ma'am. Not until my trial.
MS. CAPPLEMAN: And then the client, there's a lot of discussion about this client or this tenant. You need to find out if this is going to be a good tenant or a bad tenant?
KATHERINE MAGBANUA: Yes, ma’am.
MS. CAPPLEMAN: was the tenant this person -- if it really was a blackmailer, this thug that's somehow affiliated with Rivera?
KATHERINE MAGBANUA: Yes, ma‘am.
MS. CAPPLEMAN: All right. The false lead or the phishing, what is that -- what did that mean? There's a lot of discussion about I hope it's just somebody phishing. Do you remember that?
KATHERINE MAGBANUA: From the phone calls?
MS. CAPPLEMAN: This is all from the phone calls.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Was one of the two scenarios that it could be law enforcement?
KATHERINE MAGBANUA: Yes, ma'am. But this was Charlie basically saying this the whole time. He's the one who's coming up with all the scenarios.
MS. CAPPLEMAN: Okay. But when he's talking about the scenarios, he's talking about phishing.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: He doesn't say law enforcement phishing.
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: He says it could be, you know, a tenant or a patient or something like that.
KATHERINE MAGBANUA: Anything but what --
MR. RASHBAUM: Judge, I'm just going to object to the leading.
JUDGE EVERETT: Please rephrase your question, Ms. Cappleman. Sustained.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: what about the listing or the properties, what did that refer to?
KATHERINE MAGBANUA: About the paperwork. It's pretty accurate --
MS. CAPPLEMAN: Looking into a listing.
KATHERINE MAGBANUA: Yes. The listing -- because I worked in a real estate agency at that time. So he was just telling me, look into the listing, oh, this will be a good investment. So it was really Charlie saying all these words.
MS. CAPPLEMAN: what did the good in -- what was the -- what might the good -- can't talk.
what might the good investment have been?
KATHERINE MAGBANUA: If he had a good lead.
MS. CAPPLEMAN: If, if it was a blackmailer --
MS. CAPPLEMAN: -- that you could pay off.
KATHERINE MAGBANUA: Yes, ma’am.
MR. RASHBAUM: Objection, Your Honor, leading.
JUDGE EVERETT: Overruled.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Is that correct?
KATHERINE MAGBANUA: Yes, ma'am. It is.
MS. CAPPLEMAN: Okay. All right. we talked about the two scenarios. The paperwork, what was that?
KATHERINE MAGBANUA: That was the paper that was handed to his mom by the undercover.
MS. CAPPLEMAN: On the Dolce restaurant meeting, we see Charles Adelson pull out a piece of paper.
KATHERINE MAGBANUA: Yes, ma‘am.
MS. CAPPLEMAN: was that the piece -- the actual piece of paper that was handed to his mother?
KATHERINE MAGBANUA: I believe so. I just never saw it. He never showed it to me.
MS. CAPPLEMAN: Okay. Did he give you a phone number off of that piece of paper?
KATHERINE MAGBANUA: He did. That was that six -- that phone number that we just can't seem to get right?
MS. CAPPLEMAN: Yes, ma‘am.
KATHERINE MAGBANUA: The 6570.
(Brief pause.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: At any time after -- I know we talked about the night of the money -- that you got the money. But at any time after that, did you ever blackmail Charles Adelson?
KATHERINE MAGBANUA: No, ma'am. I did not.
MS. CAPPLEMAN: Did you ever threaten him in any way?
KATHERINE MAGBANUA: No, ma'am. I did not.
MS. CAPPLEMAN: Did you relay any threats on behalf of Sigfredo Garcia?
KATHERINE MAGBANUA: No, ma'am. I did not.
MS. CAPPLEMAN: Did anyone ever make you extort any money or other favors out of Charlie Adelson?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: Before the murder, had you bragged to Garcia and/or Rivera about my new, rich boyfriend?
KATHERINE MAGBANUA: I'd never -- I didn't even know he had money like that.
MS. CAPPLEMAN: well, I mean, he had a --
KATHERINE MAGBANUA: I mean, he had a good job and, you know, he had a nice house. But I wasn't aware of how -- you know, what, what -- how much money he has.
MS. CAPPLEMAN: Okay. But he definitely had more than Sigfredo Garcia.
KATHERINE MAGBANUA: Oh, yes, ma'am. He did.
MS. CAPPLEMAN: Okay. And did you brag to Garcia like, oh, I gota new --
KATHERINE MAGBANUA: I mean --
MS. CAPPLEMAN: -- better guy?
KATHERINE MAGBANUA: -- I'm pretty sure he saw that I was happy and I was, you know, going out to dinners and hanging out with him. So...
MS. CAPPLEMAN: Okay. But did you tell them, specifically, he's got a lot of money?
KATHERINE MAGBANUA: No. I did not.
MS. CAPPLEMAN: Did you tell them, specifically, he's got this issue with his sister's ex-husband?
KATHERINE MAGBANUA: I believe I mentioned it. Yes, I did.
MS. CAPPLEMAN: Okay. And when you talked to them about he's got this issue with his sister's ex-husband, was that in the context of hiring them to do the murder or just jin...
KATHERINE MAGBANUA: Just in general.
MS. CAPPLEMAN: Okay.
KATHERINE MAGBANUA: Just --
MS. CAPPLEMAN: So they were aware that he had this issue.
KATHERINE MAGBANUA: well, Sigfredo was. Yes.
MS. CAPPLEMAN: Okay. Did you ever talk to Rivera about it?
KATHERINE MAGBANUA: No. I did not.
MS. CAPPLEMAN: Okay. And when you talked to Sigfredo about it, did he ever say, well, I think I'll just drive to Tallahassee and kill the guy, or anything like that?
KATHERINE MAGBANUA: No, ma'am. He did not.
MS. CAPPLEMAN: Is that something he would have mentioned to you if that was his idea?
KATHERINE MAGBANUA: Sigfredo doesn't say a lot of things to me. So -- and he likes to keep a lot of things away from me.
MS. CAPPLEMAN: Okay.
KATHERINE MAGBANUA: So he would have never asked me that or told me that.
MS. CAPPLEMAN: Okay. But in this case, I guess -- okay. So is it possible that Sigfredo and Rivera came to Tallahassee and did this killing without any communication from you or Charlie Adelson, just on their own?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: And then --
KATHERINE MAGBANUA: That would be --
MS. CAPPLEMAN: -- extorted Charlie Adelson through you to get money because they had killed the guy.
KATHERINE MAGBANUA: No. That would be impossible. How would they have any information?
MS. CAPPLEMAN: well, they could have seen it on the Internet.
(Pause. )
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: when you were talking about wendy's husband and the problems with him to Sigfredo Garcia -- I know you've already said this, but I just want to be crystal clear.
KATHERINE MAGBANUA: Yes, ma’am.
MS. CAPPLEMAN: Did you say the name Dan Markel?
KATHERINE MAGBANUA: No, ma'am. I never knew Dan Markel's name.
MS. CAPPLEMAN: How was the name Dan Markel, the location and name of the target for this killing provided to the killers?
KATHERINE MAGBANUA: I believe it was all the information that was given to Sigfredo, which I got from Charlie, was all in that paper.
MS. CAPPLEMAN: Paper provided by this defendant.
KATHERINE MAGBANUA: Yes, ma'am. In the -- inside the envelope.
MS. CAPPLEMAN: May I have a moment to confer?
JUDGE EVERETT: Go ahead.
(Off-the-record discussion.)
MS. CAPPLEMAN: No further questions.
JUDGE EVERETT: Cross-examination.
MR. RASHBAUM: Thank you, Your Honor.
CROSS -EXAMINATION BY MR. RASHBAUM:
MR. RASHBAUM: Now, you were arrested and charged with the murder of Professor Markel on October 1, 2014 -- I'm sorry, 2016, correct?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: Almost immediately, the State talked to your lawyers and offered you full immunity, a get out of jail free card, right?
KATHERINE MAGBANUA: I don't know if that was immediately.
MR. RASHBAUM: Pretty soon after you got arrested, you were offered to cooperate against Charlie Adelson and the other Adelsons and you would get to go home to your kids, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: And your lawyers told you about that offer.
KATHERINE MAGBANUA: Yes, sir. They did.
MR. RASHBAUM: You also saw an interview on TV while you were in jail, which one of the prosecutors mentioned this immunity offer, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: You have two kids who are your world, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: If you took the State's deal, then you would have been let out of jail immediately, right? That's what your lawyers told you.
KATHERINE MAGBANUA: If I took their deal? Yes, sir.
MR. RASHBAUM: But you didn't take the offer.
KATHERINE MAGBANUA: No, I didn't.
MR. RASHBAUM: Instead, you stayed in jail for three years before your first trial, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: You stayed in jail through Covid, after your first trial hung.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: You still didn't cooperate. Still -- the deal was still open, right?
KATHERINE MAGBANUA: well, the deal, was to give up Charlie.
MR. RASHBAUM: And you couldn't do that.
KATHERINE MAGBANUA: Because in order to give up Charlie, I had to give up Sigfredo, the father of my children. So I couldn't do that.
MR. RASHBAUM: So the -- while you're in jail, sitting in jail, during Covid, you knew there was still a deal possibility open for you, right? You could still take a deal. Your lawyers told you that.
KATHERINE MAGBANUA: Before Covid but after my mistrial?
MR. RASHBAUM: Yes.
KATHERINE MAGBANUA: I believe so.
MR. RASHBAUM: And you still didn't take the deal, right?
MR. RASHBAUM: Charlie Adelson didn't force you to take the deal -- not take the deal, right?
KATHERINE MAGBANUA: No. I had no communication with Charlie.
MR. RASHBAUM: He didn't pay for your attorneys.
KATHERINE MAGBANUA: He didn't pay for my attorneys but there was word that he was -- my brother declined him paying for my attorneys --
MR. RASHBAUM: Ma'am.
KATHERINE MAGBANUA: -- so I had anything to do with him.
MR. RASHBAUM: I know you have an agenda here, but just answer my questions.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: Did charlie Adelson pay for your attorneys?
KATHERINE MAGBANUA: No, sir. He did not.
MR. RASHBAUM: Did anyone in the Adelson family pay for your attorneys?
KATHERINE MAGBANUA: No, sir.
MR. RASHBAUM: Did anyone in the Adelson family pay any money to your kids?
KATHERINE MAGBANUA: No, sir.
MR. RASHBAUM: You had nothing to do with Charlie Adelson, right, after the bump?
KATHERINE MAGBANUA: No, sir. I did not.
MR. RASHBAUM: Now, the real reason you didn't cooperate, and you made it clear, is because Charlie Adelson had absolutely nothing to do with the murder of Professor Markel; isn't that the case?
KATHERINE MAGBANUA: I didn't cooperate because, in order to give up Charlie, I'd have to give up Sigfredo.
MR. RASHBAUM: well, let's talk about the testimony in your first trial. And don't worry. we're going to get to your proffers, as well.
KATHERINE MAGBANUA: Okay.
MR. RASHBAUM: But let's talk about the testimony in your first trial. You were asked, did you get the father of your children, Mr. Garcia, to commit a murder on behalf of Mr. Charlie Adelson?
ANSWER: No, ma'am.
Do you recall saying that?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: You were asked: Can you -- do you have information that Charlie Adelson was involved in this?
ANSWER: Do I have information? I don't have personal information.
Do you recall that?
KATHERINE MAGBANUA: No, sir. I do not.
MR. RASHBAUM: You don't recall saying that in your first trial?
KATHERINE MAGBANUA: No, sir. I do not.
MR. RASHBAUM: would you like to see a transcript of it?
KATHERINE MAGBANUA: Yes, I will.
(Pause. )
BY MR. RASHBAUM:
MR. RASHBAUM: I'll direct your attention to page 2800, lines 1 through 5.
JUDGE EVERETT: Please read to yourself, ma'am.
(Brief pause.)
BY MR. RASHBAUM:
MR. RASHBAUM: Does that refresh your recollection --
MR. RASHBAUM: -- that that's what you said?
KATHERINE MAGBANUA: Yes, sir. It does.
MR. RASHBAUM: During your second trialdo you recall being asked: Charlie didn't ask you to do anything weird?
ANSWER: No, ma'am.
Like, get someone to get a hitman to commit a murder of his ex-brother-in-law?
No, ma'am.
Do you recall those questions and that answer?
KATHERINE MAGBANUA: Yes, sir. I do.
MR. RASHBAUM: Because you couldn't implicate Charlie, you went to trial. And the first trial hung; isn't that the case?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: A few weeks before your second trial, Charlie was arrested.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: Isn't that the case?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: The State waited and waited and waited for you to cooperate, and then they arrested him on the eve of your trial, when you made it clear you weren't going to cooperate, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: So you went to trial the second time, and this time you were convicted.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: And you were convicted of first degree murder and other charges, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: A few weeks after your conviction, you were sentenced to life in prison without the possibility of parole, plus another 30 years; do you recall that?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: And you were transferred from the jail in Leon County to the State prison, where you would spend the rest of your life, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: Away from your family.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: Away from your children.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: And you realize that there are only two ways to get out of that prison, right?
KATHERINE MAGBANUA: what are the two ways?
MR. RASHBAUM: well, one way was in a coffin, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: And the other way was cooperating against Charlie Adelson, right?
KATHERINE MAGBANUA: No, sir. I wanted the truth to finally come out.
MR. RASHBAUM: what are the only two ways that you can ever get out of prison, Ms. Magbanua?
KATHERINE MAGBANUA: My appeal.
MR. RASHBAUM: Oh, well, we'll get to that, too. You have an appeal pending right now, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: That claims that you're innocent.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: Let's just make this clear to the jury. Ms. Cappleman has called you as a witness against this man who's presumed innocent. You've just testified that you did a murder, and you have an appeal pending right now, in this county, claiming your innocence; isn't that true?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: And, lo and behold, weeks after you were convicted and sentenced to life with no parole, you went in and met with the State, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: And you met with them not once but twice.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: And you met with them for hours.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: Combined total of around six hours, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: Now, we're going to get into that and all the lies that Ms. Cappleman didn't go through with you that you made during those interviews. But let's go back to the first trials first. Okay?
In each of those trials, you took the stand for your own defense, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: And you took the same oath and looked at different jurors the same way that you look today, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: And in your second trial, not only did you take an oath in this room, but isn't it true that you tried to get Sigfredo to lie for you?
KATHERINE MAGBANUA: No, sir. I did not.
MR. RASHBAUM: Isn't it true that you were caught on a recording in the prison in which you were going to have Sigfredo Garcia come into your trial, your second trial, and say that he did the murder with Charlie Adelson all by himself.
KATHERINE MAGBANUA: No, sir.
MR. RASHBAUM: You never were on a recording of that fact?
KATHERINE MAGBANUA: Never said that.
MR. RASHBAUM: Your plan at your second trial wasn't to have Sigfredo Garcia testify on your behalf?
KATHERINE MAGBANUA: No, sir.
MR. RASHBAUM: Are you aware that your lawyer opened up on that plan --
KATHERINE MAGBANUA: No, sir.
MR. RASHBAUM: -- in her opening?
KATHERINE MAGBANUA: I'm not aware of that. No.
MR. RASHBAUM: well, did you sit through the trial?
KATHERINE MAGBANUA: Yes, sir. I did.
MR. RASHBAUM: Did you sit through the trial when she said to the jury, you're going to hear from Sigfredo Garcia, who's going to say that the murder was between him and Charlie Adelson and that you're just a victim of having bad taste in men?
KATHERINE MAGBANUA: He never came up.
MR. RASHBAUM: He refused to come and testify, right?
KATHERINE MAGBANUA: I don't know if he refused. He just never -- he was never called.
MR. RASHBAUM: Are you aware that you and your lawyer subpoenaed him to come down to Leon County to testify on your behalf?
KATHERINE MAGBANUA: He was subpoenaed but he just never showed up.
MR. RASHBAUM: And -- he didn't show up?
KATHERINE MAGBANUA: Never took the stand.
MR. RASHBAUM: Right. He was subpoenaed by you, correct?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: And you got on the phone with him. You were caught because you're not supposed to talk to each other, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: But you guys talk to each other, because what you do is you call his mom, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: And he calls his mom. Isn't that what you-all do?
KATHERINE MAGBANUA: At that time. Yes, sir.
MR. RASHBAUM: Yeah. You call each other so that you could talk to each other through the mom. And during one of those calls, you asked him to come testify on your behalf; isn't that what you did?
KATHERINE MAGBANUA: No. I did not ask him.
MR. RASHBAUM: well, we'll move on to some other lies.
During your first trial, you were asked: You didn't ask Mr. Garcia to help this lady get her kids back in Tallahassee?
ANSWER: NO, ma'am.
You didn't solicit him to commit a murder of Dan Markel?
ANSWER: No, ma'am.
Do you recall those questions and answers?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: You were asked: well, back then, did you know someone by the name of Dan Markel?
ANSWER: No, ma'am.
In 2014, you learned wendy Adelson's divorce was already finalized, right?
I learned that in court. I didn't know it before.
Do you remember those --
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: -- those words?
Those are lies, right?
KATHERINE MAGBANUA: Yes. I lied in my trials to save myself.
MR. RASHBAUM: we'll keep going. You lied when you said that Charlie told you that Professor Markel had been jin an accident, right?
KATHERINE MAGBANUA: I lied that -- say it again, sir.
MR. RASHBAUM: well, I'll ask you the questions.
Do you remember having a conversation with Charlie Adelson about his brother-in-law being in an accident? Does that sound familiar to you?
MR. RASHBAUM: It sounds familiar, yeah.
That was a lie, right?
KATHERINE MAGBANUA: No. That's what Charlie said. That he --
MR. RASHBAUM: He told you that he was in an accident? He didn't tell you that there was a murder?
KATHERINE MAGBANUA: No. He told me he was in an accident.
MR. RASHBAUM: So you didn't know about the murder of Dan Markel on July 18th; is that what you're telling this jury?
KATHERINE MAGBANUA: No. Not at that time.
MR. RASHBAUM: when did you find out about the murder of Dan Markel?
KATHERINE MAGBANUA: It was later on.
MR. RASHBAUM: oh, really? So the money that you bought -- brought to the guys that Ms. Cappleman brought up on opening, the money you brought up to the guys on July 19th was because Dan Markel was in an accident?
KATHERINE MAGBANUA: I didn't know that, that was Dan Markel. Like, I didn't know his name.
MR. RASHBAUM: Oh.
KATHERINE MAGBANUA: But there was --
MR. RASHBAUM: Oh.
KATHERINE MAGBANUA: -- a murder that happened. Yes.
MR. RASHBAUM: At the March 11 dinner that you had with Mr. Lacasse at Yardbird, Dan Markel's name wasn't mentioned?
KATHERINE MAGBANUA: No, sir.
MR. RASHBAUM: would it surprise you that Mr. Lacasse has testified to the opposite of that?
KATHERINE MAGBANUA: No. I haven't seen his testimony.
MR. RASHBAUM: At your first trial, you were asked: Did Charlie mention anything to you about a murder out of Tallahassee?
So now it's not Dan Markel. It's just a murder out of Tallahassee.
And your answer was: No, ma'am.
QUESTION: Do you mention anything about his ex-brother-in-law being murdered?
ANSWER: NO, ma'am.
Do you recall those questions?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: And those were lies, right?
KATHERINE MAGBANUA: Yes. I told you I lied. I lied in my trials to save myself.
MR. RASHBAUM: I understand. Please let me keep going through them. There's a lot of them so take -- we'll take our time.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: Now, you said you never saw any cash at Charlie's place. Do you recall that at trial?
KATHERINE MAGBANUA: He had cash but I just never -- I don't know how much he had. I know he keeps cash in his, in his safe.
MR. RASHBAUM: But I thought you just testified moments ago that you never saw cash at his place. He didn't keep cash at his place. And, supposedly, his parents had to bring the cash. Isn't that what you just told this jury about 18 minutes ago?
KATHERINE MAGBANUA: An abundance of cash.
MR. RASHBAUM: Have you seen his safe?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: Have you ever seen it open?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: Does he keep a lot of cash that he collects on the top of his safe?
KATHERINE MAGBANUA: I mean, I'm not, like, looking in it, but every single time we used to go out, he used to grab some money from the safe and then take it with him.
MR. RASHBAUM: Repeatedly, during both trials, you said you worked at the Adelson Institute. You never worked at the Adelson Institute, right?
KATHERINE MAGBANUA: No, sir. I did not.
MR. RASHBAUM: Now, we're going to hear about a Lexus.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: You said you paid for that Lexus. You never paid for that Lexus; isn't that the case?
KATHERINE MAGBANUA: I paid Charlie cash for that Lexus.
MR. RASHBAUM: Really?
MR. RASHBAUM: Okay. I think the State might disagree with you. Has the State agreed with you on that point?
KATHERINE MAGBANUA: About me paying him cash? Yes. Because there was nothing coming out of my account. But I paid him cash. I had the cash on me.
MR. RASHBAUM: During the trial, first trial, you were asked: Do you know why it is that Charlie chose you out of all of his ex-girlfriends to call?
I don't. I don't know why he called me.
Do you recall those questions?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: That was a lie, right?
KATHERINE MAGBANUA: I told you. I lied in my first and second trial to save myself.
MR. RASHBAUM: well, let's get to the second trial. Just like you're lying here to save yourself, right?
KATHERINE MAGBANUA: I'm not saving myself. I'm telling the truth this time.
MR. RASHBAUM: Right. Because now, all of a sudden, after eight years, you have developed a conscience. I think that's what you told the jury.
KATHERINE MAGBANUA: No. It's because my -- the father of my children was on death penalty at that time in my first trial. Sol couldn't, I couldn't give up -- if it was just Charlie, like I said, from the trial, go ahead and arrest him. Nobody ever did.
MR. RASHBAUM: He didn't get the death penalty after the first trial. He was convicted, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: And by the time of his second trial, you had no reason to protect him anymore. He was done.
KATHERINE MAGBANUA: No, sir. He was under appeal.
MR. RASHBAUM: Okay. Just like you're under appeal now.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: So what you said to this jury about 20 minutes ago is you said to this jury, I'm here today to tell the truth -- and I want to get your exact words -- because I want to do the right thing.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: Isn't it because you want to go home, and that's the only way that you could ever go home is to help them? That's the only way you can go home by not being dead.
KATHERINE MAGBANUA: I was not promised anything. I'm doing this solely on myself. Clearly, you don't even see my attorneys in this room.
MR. RASHBAUM: Let's talk about the second trial. Again, you lied when you testified that you didn't know anything about or were involved in the murder of Professor Markel, right?
KATHERINE MAGBANUA: Yes, sir. I told you I lied in my first and second trial to save myself.
MR. RASHBAUM: Ma'am, we've heard it. If you could just answer the questions.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: Did you lie?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: You lied when you testified that you knew nothing about wendy's divorce, wendy Adelson's divorce.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: You lied when you said you didn't pick up money from Charlie's house on July 18th.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: You lied when you said you knew nothing about stapled cash.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: You lied when you said you didn't bring the money to Sigfredo or Luis, Luis Rivera the next day.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: You lied, again, when you said you worked as a personal assistant for Charlie, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: You lied repeatedly when you tried to discuss what would -- had happened, what was being spoken at Dolce Vita, correct?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: All right. Well, now let's talk about the lies that you told that the State didn't go over with you. Let's talk about your proffers, your cooperation.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: So you were interviewed by the State twice in October and November 2022, correct?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: And, by the way, you've met with them a couple times since then, right?
KATHERINE MAGBANUA: A couple times...
MR. RASHBAUM: Have you met with them since --
KATHERINE MAGBANUA: After?
MR. RASHBAUM: Yeah, after that point.
KATHERINE MAGBANUA: Probably one time.
MR. RASHBAUM: You met with Ms. Cappleman?
KATHERINE MAGBANUA: Yes. Yes, sir.
MR. RASHBAUM: Did Ms. Cappleman ask you about our defense during that meeting?
KATHERINE MAGBANUA: No, sir.
MR. RASHBAUM: She didn't ask you about whether -- for the first time, whether you ever threatened --
KATHERINE MAGBANUA: No, sir.
MR. RASHBAUM: -- Charlie Adelson?
Now, when you met them -- met with them in October and November of 2022, this was after you got your life sentence, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: And you met with them, first, in Marion County Jail on October 11th, right?
KATHERINE MAGBANUA: Marion County Jail? No, sir. I've never been in that county.
MR. RASHBAUM: You met with them in the jail. I've got the wrong jail, obviously.
KATHERINE MAGBANUA: I never met with them in any jails.
MR. RASHBAUM: where did you meet with them --
KATHERINE MAGBANUA: I was already --
MR. RASHBAUM: -- the first time?
KATHERINE MAGBANUA: -- in Doc.
MR. RASHBAUM: Okay.
KATHERINE MAGBANUA: In Lowell.
MR. RASHBAUM: Okay. You met with them in prison.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: Apologies. And the second time, you met with them at the State Attorney's Office, right, here in Tallahassee?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: And both times Special Agent Sanford was there.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: Investigator Jason Newlin was there.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: And TPD Investigator Sherrie Bennett were there.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: And they asked you questions.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: And each time you told them a version of events that was very different from what you said at your trials, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: In fact, during those six hours of interviews, you told them about five more versions, right?
KATHERINE MAGBANUA: Five different versions of it?
MR. RASHBAUM: Yeah.
KATHERINE MAGBANUA: No, sir.
MR. RASHBAUM: Oh. So you told them the same thing throughout the six hours that you met with them?
KATHERINE MAGBANUA: I believe so. But I think the first time -- you can't even visit more than two hours, so I don't know where you're getting six hours.
MR. RASHBAUM: well, maybe I'm wrong. Let's look. The first interview started at 9:26 a.m., and it ended at 11:44 a.m. So a little over two hours.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: First interview. Your position right now, what you're telling this jury, is that the same thing you told them in the first interview, you told them in the second interview?
KATHERINE MAGBANUA: I believe so. Yes, sir.
MR. RASHBAUM: You believe so or you know so?
KATHERINE MAGBANUA: I know so. I believe so. I believe so.
MR. RASHBAUM: You absolutely know so.
KATHERINE MAGBANUA: No. I don't -- not verbatim exactly what I said.
MR. RASHBAUM: Isn't it true that, during the entire first interview, you said you had nothing to do with the murder?
KATHERINE MAGBANUA: No, sir. I didn't say that.
MR. RASHBAUM: All right. Well, we're going to go through exact quotes, and we'll see if your memory can be refreshed.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: By the way, during any of these interviews, did you give them any documentation, anything new, any text messages, documentations, whatsApps, any new, as people call it, receipts? Did you give them any new evidence?
KATHERINE MAGBANUA: No. I am in prison. I don't have anything.
MR. RASHBAUM: It was just your words, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: So let's talk about what you said. During the first proffer, which was a little over two hours.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: You raised your hand. They put you under oath, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: And throughout the proffer, the agents, particularly Special Agent Sanford, kept on telling you that you have to tell the truth, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: He didn't believe you.
KATHERINE MAGBANUA: I mean, whatever his reasons are.
MR. RASHBAUM: was he --
KATHERINE MAGBANUA: I don't know.
MR. RASHBAUM: -- frustrated with you during the interview?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: In fact, one hour and eight minutes into the proffer, he said to you that you were minimizing your involve --
MS. CAPPLEMAN: Objection, hearsay.
JUDGE EVERETT: Hold on. what is the objection?
MS. CAPPLEMAN: Hearsay, Your Honor.
JUDGE EVERETT: Please approach.
(Sidebar discussion held as follows):
MS. CAPPLEMAN: Judge, my objection is hearsay. The witness has admitted that the officer was frustrated, which I think was what the defense was trying to elicit. Now he's going to try to read the officer's words into the record to try to show the officer's opinions about witness’ testimony at that time. And I would object to that.
JUDGE EVERETT: Response.
MR. RASHBAUM: To quote Ms. Cappleman, impeachment.
JUDGE EVERETT: There is a procedure to do that. I've given both sides leeway on this throughout the trial, but if you're not following the actual proper foundation for impeachment, you're reading something that is not in evidence. I'll allow you to restart so you can set up the foundation to impeach the witness with.
MR. RASHBAUM: Fair enough.
(Sidebar discussion concludes. )
JUDGE EVERETT: Objection is sustained. You may continue with your examination.
BY MR. RASHBAUM:
MR. RASHBAUM: So let's go back. Your position, what you told this jury is you were completely consistent. You told the same story during the entire proffer, right?
KATHERINE MAGBANUA: I can't -- like I told you, I can't remember verbatim what I've said from the first proffer and the second proffer.
MR. RASHBAUM: Let's just talk about the first proffer.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: Your view is that, from the beginning of the first proffer to the end of the first proffer, you said the same thing throughout. That's what you're telling this jury.
KATHERINE MAGBANUA: From the first proffer to the second proffer that I'm saying the same exact thing? I don't remember verbatim what I've said.
MR. RASHBAUM: How about from the fir -- beginning of the first proffer to the end of the first proffer? what you told the jury is you were consistent from the beginning of the first proffer to the end of the first proffer. Do you recall saying that?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: Is that still your testimony?
KATHERINE MAGBANUA: No. I -- that I was consistent about it? No. Because it was very hard for me to confess what I'd done.
MR. RASHBAUM: So let me ask the question again.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: Isn't it true that, during the first proffer, for the first one hour and eight minutes, you continued to say that you didn't murder Professor Markel?
KATHERINE MAGBANUA: No, sir. I didn't say that.
MR. RASHBAUM: I don't understand your answer. So let me rephrase.
KATHERINE MAGBANUA: Okay.
MR. RASHBAUM: Isn't it true that, for the first half of the first proffer, you denied participation in the murder of Professor Markel ?
KATHERINE MAGBANUA: No, sir. I was telling them what happened and how -- my involvement in it.
MR. RASHBAUM: So your position is that, throughout --
MR. RASHBAUM: -- the entire first proffer, you admitted that you participated in the murder of Professor Markel?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: Judge, may I proceed now?
JUDGE EVERETT: You may.
BY MR. RASHBAUM:
MR. RASHBAUM: would it surprise you that one hour and eight minutes into the first proffer, Special Agent Sanford said that you were minimizing your involvement in Professor Markel's murder?
KATHERINE MAGBANUA: Like he stated, I was minimizing it. It was hard for me to confess everything that I've suppressed for the past seven years.
MR. RASHBAUM: Eleven minutes later, he said that what you were telling him made absolutely no sense. Do you recall him saying that?
KATHERINE MAGBANUA: No, sir. I do not.
MR. RASHBAUM: well, let me see if I can show you.
(Pause. )
BY MR. RASHBAUM:
MR. RASHBAUM: Does this refresh your recollection that Special Agent Sanford said that all of this doesn't make sense?
MS. CAPPLEMAN: I'm going to object, Your Honor, to hearsay.
MR. RASHBAUM: I'll withdraw it.
JUDGE EVERETT: Please allow her to read the statement.
BY MR. RASHBAUM:
MR. RASHBAUM: Does this refresh your recollection of what Agent Sanford said?
KATHERINE MAGBANUA: Just the one that you highlighted?
MR. RASHBAUM: You can read before and after to make sure I'm not doing lawyer tricks.
KATHERINE MAGBANUA: Yes, sir. Can I?
JUDGE EVERETT: Read to yourself, ma'am.
KATHERINE MAGBANUA: Yes, sir.
(Pause. )
KATHERINE MAGBANUA: Yes. Agent Sanford is saying that why am I not -- remember conversations, specific conversations, and I told him I can't recall those specific conversations.
BY MR. RASHBAUM:
MR. RASHBAUM: was he telling you that what you were saying didn't make sense to him?
MS. CAPPLEMAN: I'm going to object to what Agent Sanford said or his opinions.
JUDGE EVERETT: Sustained. Please lay the foundation to impeach, specifically.
BY MR. RASHBAUM:
MR. RASHBAUM: At some point in the interview, did he walk out on you?
KATHERINE MAGBANUA: Yes, he did. On the second interview.
MR. RASHBAUM: Yeah. Okay. we're going to get to that. That's, like, four hours into your combined interviews, right?
KATHERINE MAGBANUA: I believe so.
MR. RASHBAUM: Right. So you come back. And I think it's over an hour into the second interview. So, actually, my math isn't great. It's, like, three and a half hours into interviewing. Agent Sanford gets so upset --
MS. CAPPLEMAN: Judge, I'm going to object to Agent Sanford's opinions or --
MR. RASHBAUM: 1I'11 rephrase.
MS. CAPPLEMAN: -- actions or words.
JUDGE EVERETT: He's withdrawing the question. Please move on.
BY MR. RASHBAUM:
MR. RASHBAUM: Around three hours into these interviews, Agent Sanford decides to leave the room, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: He was frustrated with you, right?
KATHERINE MAGBANUA: I believe so.
MR. RASHBAUM: Truthfully, during your first interview, you kept on saying all of these things were jumbled in your head, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: You said that about 11 times. Do you recall that?
KATHERINE MAGBANUA: I don't recall how many times I said it. No, sir.
MR. RASHBAUM: You said that -- eventually, 33 minutes into the interview, you said you arranged through an envelope that Charlie gave you but that you never opened it for Sigfredo to rough up Professor Markel. Do you recall saying that?
KATHERINE MAGBANUA: Repeat the question.
MR. RASHBAUM: Thirty-three minutes into the interview --
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: -- you admitted that you arranged through an envelope that Charlie gave you but that you never opened --
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: -- for Sigfredo to rough up Professor Markel. Do you recall that?
KATHERINE MAGBANUA: I've never said Professor Markel's name.
MR. RASHBAUM: To rough up the deceased.
KATHERINE MAGBANUA: what do you mean by that? Can you explain?
MR. RASHBAUM: You told them 33 minutes into the interview --
MR. RASHBAUM: -- that charlie had given you an envelope that you had never opened that miraculously got to Sigfredo Garcia. And the purpose of it was to rough up his ex-brother-in-law.
KATHERINE MAGBANUA: No. Because I didn't know what the contents of -- what was in the envelope. So I wouldn't have said that.
MR. RASHBAUM: You said that somehow that plan had transitioned to murder. But according to what you told investigators, you never knew when that happened. Do you recall saying that?
KATHERINE MAGBANUA: Repeat the question, again, sir.
MR. RASHBAUM: You said that somehow the rough-up plan had transitioned to murder.
KATHERINE MAGBANUA: I never said rough up or any of those words. That's why it's confusing me --
MR. RASHBAUM: All right. well --
KATHERINE MAGBANUA: -- what you're stating.
MR. RASHBAUM: -- let's say it again.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: You said that somehow the plan had transitioned to murder. But according to what you told investigators, you never knew when that transition happened.
KATHERINE MAGBANUA: well, at that time, I didn't know.
MR. RASHBAUM: At the time that you were interviewed?
KATHERINE MAGBANUA: No. Not at my interview. But when it was happening, as they're interviewing me and we're going through the scenario.
MR. RASHBAUM: I'm going to show you 186 to 187.
You know what? I'll just move on. You told investigators during your first interview, two hours into it -- two hours and one minute, to be exact.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: That you never spoke to Charlie about the change in plans.
KATHERINE MAGBANUA: I never spoke to Charlie about the change in plans?
MR. RASHBAUM: Meaning it's going to become a murder.
KATHERINE MAGBANUA: I'm confused about the questions you're asking. Is this what I said?
MR. RASHBAUM: Yes. what you said to these investigators, just a year ago after you were convicted for life. Didn't you tell investigator you didn't know it was going to be a murder?
KATHERINE MAGBANUA: I -- when we were talking about this, like I said, it was hard for me to confess my involvement in this.
MR. RASHBAUM: Right. So you --
KATHERINE MAGBANUA: Can you show me where I said this?
MR. RASHBAUM: Let's just, let's just go with what you just said.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: So two hours into your first interview, when you said this, you still were not admitting that you had a part in the murder.
KATHERINE MAGBANUA: Yes. It was very hard for me to do this, especially that they came to me in prison, where --
MR. RASHBAUM: Right.
KATHERINE MAGBANUA: -- why are all these investigators coming in?
MR. RASHBAUM: Okay. So we are now where we started, which is, during this first proffer, just a year ago under oath, again, you refused to admit, at first, that you had anything to do with the murder, that you were a part of the murder.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: I think that's what --
MR. RASHBAUM: Okay.
KATHERINE MAGBANUA: It's hard for me to admit it. Yes, sir, it is. It's still hard for me to admit it right now.
MR. RASHBAUM: Okay. During your first proffer, nine minutes and 14 seconds into it, do you recall being asked the fol lowing questions: And as you saw in trial, Garcia and Rivera made a trip in June. what can you tell us about that?
ANSWER: See like, like, I don't even remember. I mean, obviously, like, you're telling me to, like, remember from what I heard at trial. I learned a lot of things from trial. That's why it's so hard, and I want to say the right thing but, like, I don't remember them going up on a first trip.
Do you recall saying that during this proffer?
KATHERINE MAGBANUA: I don't recall it. If you could show it to me.
MR. RASHBAUM: This could be a while.
(off-the-record discussion. )
MR. RASHBAUM: May I approach, Your Honor?
JUDGE EVERETT: You may.
(Pause. )
BY MR. RASHBAUM:
MR. RASHBAUM: Does that refresh your recollection that you said that?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: You were asked during your proffer, on page 68 -- I don't know how long into it. Probably about a third into it.
QUESTION: Before that trip, you knew that Luis was going to go with him on that trip.
ANSWER: No. I never knew he was going with him.
Do you recall answering that way?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: You also said during that proffer, 63 minutes jin, that you didn't know Luis Rivera was going on the second trip to Tallahassee. Do you recall saying that?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: During that interview, on page 83, you told investigators -- this is just a year ago -- that on the night of July 18th, you didn't know that Charlie's brother-in-law had been shot.
KATHERINE MAGBANUA: Can you show me that, sir?
MR. RASHBAUM: Sure.
(Pause. )
KATHERINE MAGBANUA: Yes, Sir. Because I'm emphasizing I don't know Dan Markel.
BY MR. RASHBAUM:
MR. RASHBAUM: You said that you didn't know that Dan Markel had been shot, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: You told that to investigators a year ago that that's what -- on that night, you had no idea that there was a shooting.
KATHERINE MAGBANUA: Yes. I was partly denying probably still my involvement in it. This is something I've suppressed for a long time, sir.
MR. RASHBAUM: Now, what's also interesting is, when you described July 18th, you said Charlie was panicked.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: You said he took a Xanax, and you took a Xanax.
KATHERINE MAGBANUA: Yes, sir. He gave me.
MR. RASHBAUM: You said that he was upset.
KATHERINE MAGBANUA: I never said he was upset. He was just frantic.
MR. RASHBAUM: Let's move on to the second proffer.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: The second proffer was six weeks after the first proffer. Do you recall that?
KATHERINE MAGBANUA: This is when I came back -- I came here?
MR. RASHBAUM: Correct.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: And you met with investigators for three and a half hours this time.
KATHERINE MAGBANUA: If that's what it states.
MR. RASHBAUM: From 10:06 in the morning to 1:38 in the afternoon.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: At the beginning of the interview, you told investigators you didn't know why you were there, right?
KATHERINE MAGBANUA: Yes. I didn't know what I got pulled out for.
MR. RASHBAUM: And 15 minutes into the interview, Agent Sanford left the room, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: He didn't come back.
KATHERINE MAGBANUA: No, sir.
MR. RASHBAUM: During the interview, you were told -- do you recall being told that you weren't giving the State anything to make them want to do anything for you?
KATHERINE MAGBANUA: Repeat that question, sir.
MR. RASHBAUM: Do you recall that, during the interview, you were told that you weren't giving the State anything to make them want to do anything for you?
KATHERINE MAGBANUA: who stated that?
MR. RASHBAUM: Investigator Bennett.
KATHERINE MAGBANUA: Okay. Yes, sir.
MR. RASHBAUM: She, she was upset.
KATHERINE MAGBANUA: I mean, we were just talking about the same thing over again.
MR. RASHBAUM: when she said that, you had a real issue, right?
KATHERINE MAGBANUA: Not that I could recall. what's the issue?
MR. RASHBAUM: well, if you didn't help the State and give them something that they could work with, there was only one way you were ever getting out of prison, and that's in a box.
KATHERINE MAGBANUA: why do you keep stating that, sir?
MR. RASHBAUM: You're in jail for the rest of your life, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: If the State doesn't help you, the only way you're getting out of prison is when you die.
KATHERINE MAGBANUA: But they never said they were going to help me. I wasn't promised anything.
MR. RASHBAUM: That's not my question. what's the only way that you're getting out of prison if the State doesn't help you?
KATHERINE MAGBANUA: I'll die in prison.
(Pause. )
BY MR. RASHBAUM:
MR. RASHBAUM: During this second proffer, they asked you: You mean to tell me that you had no clue that he came to Tallahassee?
Answer: He told me he was not -- he never told me he was going to Tallahassee.
Do you recall saying that you didn't know that Sigfredo Garcia was going to Tallahassee?
KATHERINE MAGBANUA: Yes, sir. I never knew he went to Tallahassee.
MR. RASHBAUM: You never knew Sigfredo Garcia went to Tallahassee?
KATHERINE MAGBANUA: No, sir.
MR. RASHBAUM: Okay. During these proffers, you never told the State about monthly payments, did you?
KATHERINE MAGBANUA: Monthly payments?
MR. RASHBAUM: That Charlie was making monthly payments to you.
KATHERINE MAGBANUA: what, the checks from, from the Adelson Institute?
MR. RASHBAUM: Yes.
KATHERINE MAGBANUA: They were aware of that.
MR. RASHBAUM: How about the cash he was giving you every month?
KATHERINE MAGBANUA: He wasn't giving me any cash every month.
MR. RASHBAUM: Oh, really?
MR. RASHBAUM: He wasn't giving you $2,000 of cash every single month that you're heard on the wires trying to accept?
KATHERINE MAGBANUA: No, sir.
MR. RASHBAUM: He was just giving you an Adelson Institute check?
KATHERINE MAGBANUA: Yes, sir. What would the $2,000 be for?
MR. RASHBAUM: Before he gave you the Adelson Institute checks, you were getting $3,000 a month, right?
KATHERINE MAGBANUA: No, sir.
MR. RASHBAUM: It wasn't until one hour and 13 minutes in the first proffer that you first admitted that you didn't work for the Adelson Institute, right?
KATHERINE MAGBANUA: Yes, sir. I've lied about it.
MR. RASHBAUM: In the proffer.
KATHERINE MAGBANUA: In the proffer -- I don't know when I said it, but I lied in my trials about getting those checks from the Adelson Institute. I said those were checks that I needed to show so that I could get insurance for my children.
MR. RASHBAUM: Do you recall them asking you about a meeting with Charlie in the car before Dolce vita?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: And you said that you couldn't recall what was discussed?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: Do you recall that, during the second proffer, you told the State that you didn't know the police were at your door during the wire, and, if you had known they were at the door, that you would have let them in?
KATHERINE MAGBANUA: I don't think I mentioned it in that way. But they didn't announce themselves when they were knocking on the door.
MR. RASHBAUM: In fact, aren't we going to see in the wires that you were hiding from the police?
KATHERINE MAGBANUA: I was not hiding. I was at home.
MR. RASHBAUM: weren't you hiding at home?
KATHERINE MAGBANUA: From what? I was working from home that day.
MR. RASHBAUM: weren't you making a bunch of phone calls to a lot of people saying, the police are at my door, I don't know what to do, I can't answer the door, I'm afraid? weren't you hiding from them?
KATHERINE MAGBANUA: Somebody was knocking at the door. They didn't state who they were. So I was calling Sigfredo, and nobody was picking up. And one of his coworkers finally called back and said that there's FBI over there speaking to him, and he's going to come by the house.
MR. RASHBAUM: And he came by the house.
MR. RASHBAUM: And you-all discussed how you were going to stay hidden and not answer the door, right?
KATHERINE MAGBANUA: I didn't discuss anything. They just said that there was, like, an FBI agent or an agent outside. So I just --
MR. RASHBAUM: And you --
KATHERINE MAGBANUA: -- never answered.
MR. RASHBAUM: -- decided not to answer the door and let them in, right?
KATHERINE MAGBANUA: No. why would I let them in?
MR. RASHBAUM: Let me make sure that we're being clear here.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: Did you know that the police were outside your door?
KATHERINE MAGBANUA: I didn't know who was outside my door. I didn't know until his coworker had stated that there was a undercover -- or an agent outside.
MR. RASHBAUM: And after he stated that, did you know that there were police outside your door?
KATHERINE MAGBANUA: They were gone.
MR. RASHBAUM: Oh, really?
KATHERINE MAGBANUA: Yeah. Like, they knocked --
MR. RASHBAUM: Okay.
KATHERINE MAGBANUA: -- and then they were gone.
MR. RASHBAUM: You didn't stay hidden for over 45 minutes --
KATHERINE MAGBANUA: No, sir.
MR. RASHBAUM: -- while these phone calls are happening?
KATHERINE MAGBANUA: I was at home. I just didn't open the door.
MR. RASHBAUM: Okay. During the entire first proffer and two-thirds of the second proffer, you never said that Charlie did it or ordered it; isn't that true?
KATHERINE MAGBANUA: Not specifically. No.
MR. RASHBAUM: Now, today, you come in here and you talk about how, on Halloween, Charlie asked you if there was someone who could hurt his ex-brother-in-law, right?
KATHERINE MAGBANUA: I stated that on the proffer.
MR. RASHBAUM: That's fine.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: It took you a while to state it in the proffer --
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: -- but I admit you did. It took you about an hour and 40 minutes. But today that's what your testimony was, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: Do you know that you had only started dating Charlie Adelson about two weeks before Halloween?
KATHERINE MAGBANUA: Probably. We just started talking. I don't know, specifically, if it was two weeks.
MR. RASHBAUM: Do you know that at the time of Halloween 2013 Charlie Adelson had absolutely no idea anything about your ex?
KATHERINE MAGBANUA: I wouldn't know, sir.
MR. RASHBAUM: well, let me see if I can refresh your memory.
(Pause. )
BY MR. RASHBAUM:
MR. RASHBAUM: Do you recall text messages in November 27th of 2013 where you said to --
MS. CAPPLEMAN: Objection, improper refreshing.
JUDGE EVERETT: Sustained.
MR. RASHBAUM: Okay.
JUDGE EVERETT: Please show the witness the document.
MR. RASHBAUM: well, let me ask some questions first.
JUDGE EVERETT: Go ahead.
BY MR. RASHBAUM:
MR. RASHBAUM: Isn't it true that Charlie Adelson didn't know about your ex until November 27th, 2013?
KATHERINE MAGBANUA: I wouldn't know, sir.
MR. RASHBAUM: Even then, he didn't know much about him?
KATHERINE MAGBANUA: I wouldn't know.
MR. RASHBAUM: Let me approach with...
JUDGE EVERETT: You may.
MR. RASHBAUM: what number is it? Defense Exhibit 34.
MS. CAPPLEMAN: May I see the item, Mr. Rashbaum?
MR. RASHBAUM: You have it. It's text messages.
(Brief pause.)
KATHERINE MAGBANUA: what am I looking at, sir?
MR. RASHBAUM: These text messages between you and Charlie Adelson.
(Pause. )
BY MR. RASHBAUM:
MR. RASHBAUM: Does that refresh your recollection that he didn't know about your ex until, the earliest, November 27th, 2013?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: Halloween's in October, right?
KATHERINE MAGBANUA: Yes, sir.
(Pause. )
BY MR. RASHBAUM
MR. RASHBAUM: Now, you talk about this letter and Charlie printing it up. In all the times in Charlie's house, do you ever see him -- does he have a com -- he doesn't own a computer, right?
KATHERINE MAGBANUA: He had a little office in his, in his house, but I don't know if there was a computer or not. I don't recall.
MR. RASHBAUM: Do you recall, during these interviews, that the investigators kept on pushing you whether Charlie gave you money during the trips?
KATHERINE MAGBANUA: Repeat the question, sir.
MR. RASHBAUM: Do you recall, during these interviews, that the investigators kept on pushing you, asking you a lot of questions --
KATHERINE MAGBANUA: Uh-huh.
MR. RASHBAUM: -- about whether Charlie Adelson gave you any money before the two men took the trips?
KATHERINE MAGBANUA: Yes. And I answered them.
MR. RASHBAUM: I know you did.
KATHERINE MAGBANUA: Okay.
MR. RASHBAUM: And it took you 22 minutes left in the second proffer where you finally said, he gave us a -- you gave him a -- he gave you a few hundred dollars before each trip?
KATHERINE MAGBANUA: Yes, sir. I was at -- go ahead.
MR. RASHBAUM: Repeatedly, before then, you couldn't remember that, right? You were confused, as you said.
KATHERINE MAGBANUA: No. I could remember it. It was just very hard when I was speaking, especially when I was speaking with Serge -- Sanford in the room, because he was frustrated with me. So once he left the room, it was an easier conversation to have, and I wasn't so pressured.
MR. RASHBAUM: It was an easier conversation to have, because, in fact, Investigator Bennett started to play the part of Katy Magbanua, right?
KATHERINE MAGBANUA: I don't know what you mean by that, sir.
MR. RASHBAUM: well, she started to testify for you.
KATHERINE MAGBANUA: No, sir. She did not.
MR. RASHBAUM: It was mostly her talking and you saying yes?
KATHERINE MAGBANUA: No, sir.
MR. RASHBAUM: Isn't it true that it wasn't until an hour and 16 minutes and 31 seconds into the second proffer where you were still continuing to say that you didn't become aware that this was going to be a murder until sometime between the first and second trips to Tallahassee?
KATHERINE MAGBANUA: Yes, sir. I told you it was very hard for me to admit my part in all of this. I'm sorry.
MR. RASHBAUM: So, four hours into your proffers, you were still saying that you didn't know the first trip was for a murder. That's fair to say, right?
KATHERINE MAGBANUA: Yes, sir.
(Pause. )
BY MR. RASHBAUM:
MR. RASHBAUM: Okay. Let's go on to a little different subject. You started dating Sigfredo Garcia just after high school.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: By the time you broke up with him, you had been with Sigfredo on and off for more than a decade.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: By the way, when you dated Charlie Adelson, he thought you were broken up with Sigfredo Garcia, right?
KATHERINE MAGBANUA: I was broken up with him.
MR. RASHBAUM: well, did you have sexual relations with Sigfredo Garcia while dating Charlie Adelson?
KATHERINE MAGBANUA: Yes, I did.
MR. RASHBAUM: Charlie didn't know that, right?
KATHERINE MAGBANUA: I mean, that's not something I would tell him.
MR. RASHBAUM: Now, you considered him to be your husband.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: You met Charlie Adelson at work.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: At a place called SoFi Dental.
KATHERINE MAGBANUA: SOF7 Dental.
MR. RASHBAUM: Sorry. SOFi Dental.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: And that was in South Beach.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: And you started dating in the middle of October 2013.
KATHERINE MAGBANUA: In the middle of October? No. we started dating before that.
MR. RASHBAUM: when did you start dating?
KATHERINE MAGBANUA: I don't recall the exact date, but it was definitely before October.
MR. RASHBAUM: If I told you, I have a --
KATHERINE MAGBANUA: September?
MR. RASHBAUM: Do you recall that your first date was at a restaurant kind of in the building?
KATHERINE MAGBANUA: I believe so. Yes.
MR. RASHBAUM: If I told you that the date of that was October 9th, would that refresh your recollection?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: Could that be right?
KATHERINE MAGBANUA: Possibly. Yes, sir.
MR. RASHBAUM: when you dated Charlie Adelson, he treated you well.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: I think you said you didn't know he had money. You knew he had money.
KATHERINE MAGBANUA: I mean, he wasn't very flashy with it. I know he was well off.
MR. RASHBAUM: He took you to nice dinners.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: That was different than your past relationship, right?
KATHERINE MAGBANUA: I'd been in nice dinners with Sigfredo.
MR. RASHBAUM: Did charlie treat you nicer than Sigfredo?
KATHERINE MAGBANUA: I wouldn't say that he treated nicer at that mo -- at that time, yes, because I was going through a lot with Sigfredo.
MR. RASHBAUM: Did Charlie ever lay hands on you?
KATHERINE MAGBANUA: No, sir.
MR. RASHBAUM: Did Ssigfredo?
KATHERINE MAGBANUA: we've gotten into arguments. Yes.
MR. RASHBAUM: One where he ripped off your necklace?
KATHERINE MAGBANUA: No. He's never ripped off any necklace of mine.
MR. RASHBAUM: Now, at first, Charlie was the pursuer; is that fair to say? He pursued you.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: Over time, you became more serious.
KATHERINE MAGBANUA: I believe so.
MR. RASHBAUM: And he made it clear to you over time, namely in the spring of 2014, that he didn't want anything different than casual, right?
KATHERINE MAGBANUA: I mean, I think we were both in agreement with that. Yes.
MR. RASHBAUM: But you had questions about it. You asked him, right?
KATHERINE MAGBANUA: I don't believe so.
MR. RASHBAUM: And he told you, I like the way things are.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: Now, Sigfredo came to know that you were dating Charlie, correct?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: And during your second trial, you testified that you told Sigfredo about Charlie to make Sigfredo mad.
KATHERINE MAGBANUA: Probably.
MR. RASHBAUM: You wanted to throw it in your -- his face that you were dating a successful dentist, right?
KATHERINE MAGBANUA: That I was dating somebody, period, because I never really dated anybody after Sigfredo.
MR. RASHBAUM: Sigfredo hated Charlie.
KATHERINE MAGBANUA: I mean, yes.
MR. RASHBAUM: You told Charlie on one occasion, if you see him, run; isn't that what you told him?
KATHERINE MAGBANUA: Not that I can recall. No.
MR. RASHBAUM: Is it possible that you told him that?
KATHERINE MAGBANUA: No. But he would be scared of Sigfredo. Yes.
MR. RASHBAUM: Sigfredo considered you the love of his life, right?
KATHERINE MAGBANUA: I believe so.
MR. RASHBAUM: He made it clear to you that he wanted you back and didn't want you to be with Charlie, right?
KATHERINE MAGBANUA: It's not that he made it clear, but we were trying to work it out for our family.
MR. RASHBAUM: Now, Charlie talks a lot, right?
KATHERINE MAGBANUA: Yes, he does.
MR. RASHBAUM: And he repeats himself over and over.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: AS a traveling periodontist, he's in the car a lot for work, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: And what does he do when he's in the car a lot? Talks on the phone?
KATHERINE MAGBANUA: Talk on the phone. Yes, sir.
MR. RASHBAUM: And he'd call you a lot on the phone, right?
KATHERINE MAGBANUA: He would at that time. Yes.
MR. RASHBAUM: And at that time he would sometimes call you early in the morning, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: He'd call you sometimes in his breaks at work?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: He'd call you late at night.
KATHERINE MAGBANUA: Yes. we were dating.
MR. RASHBAUM: Exactly. He'd talk to you a ton.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: He talks to his mom a lot on the phone, too, right?
KATHERINE MAGBANUA: I believe so.
MR. RASHBAUM: well, you witnessed it, right?
MR. RASHBAUM: You would be with him a lot when he would talk to his mom, right, on the phone?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: And, by the way, you talk on the phone a lot with Sigfredo Garcia, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: And that makes sense, because he's the father of your two children, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: Now, in 2014, you became aware of Charlie's family issues, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: You heard him talking on the phone a lot to his mom, right?
KATHERINE MAGBANUA: Yeah. He's always talking to his mom.
MR. RASHBAUM: And, also, when you guys would go out, as you know, Charlie likes to talk, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: And so a topic of frequent conversation would be what he had just talked to his mom about, right?
KATHERINE MAGBANUA: No. He never told me what he was talking to his mom about.
MR. RASHBAUM: No. So he never told you about the problems that his sister was having? He wouldn't recount those conversations that he was having with his mom?
KATHERINE MAGBANUA: Not when he's on the phone with his mom. Maybe if we're just, you know, laying down and talking. He'd mention it once in a blue moon.
MR. RASHBAUM: And you would ask him questions about it, right?
KATHERINE MAGBANUA: Not really.
MR. RASHBAUM: He told you about this TV was cheaper than a hitman joke many times, right?
KATHERINE MAGBANUA: Yes. He's made that comment before.
MR. RASHBAUM: And he repeated it to many people, right?
KATHERINE MAGBANUA: Yes, sir. He has.
MR. RASHBAUM: He makes a lot of bad jokes, right?
KATHERINE MAGBANUA: Yes, he does.
MR. RASHBAUM: Did you ever tell him, Charlie, why are you making that joke when we're actually hiring a hitman? Like, don't you think that's a bad idea? Did you ever say that to him?
KATHERINE MAGBANUA: No. Because he's -- feels like he's untouchable.
MR. RASHBAUM: No. Because you really weren't hiring a hitman. He didn't know he was hiring a hitman, right? That's why you didn't tell him that, right?
KATHERINE MAGBANUA: He knew he was hiring a hitman.
MR. RASHBAUM: So when he made that joke in front of Professor Lacasse, on March 11th, at Yardbird...
KATHERINE MAGBANUA: That he made that joke in front of --
MR. RASHBAUM: Yeah. You know he made that joke at that dinner, right?
KATHERINE MAGBANUA: I don't recall that. No, sir.
MR. RASHBAUM: Okay.
KATHERINE MAGBANUA: Unless I was talking to wendy and I didn't pay attention to what they were talking about.
MR. RASHBAUM: well, let's talk about that dinner a little bit on March 11th, just six weeks before the first attempt that, in your proffers, you didn't know about.
You-all ate outside on the patio?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: And during this dinner, you and wendy talked a lot about your exes, didn't you?
KATHERINE MAGBANUA: Not that we talk a lot about the exes. I always speak of my children. So I'm pretty sure I mentioned my kids, and she mentioned her kids.
MR. RASHBAUM: You didn't probe information from wendy about her ex while you were -- that's why you brought up your exes -- your ex?
KATHERINE MAGBANUA: No, sir. We did not talk about any exes.
MR. RASHBAUM: You were aware -- were you aware that Sigfredo and Luis Rivera were sitting in a car scoping you out?
KATHERINE MAGBANUA: I didn't know that until my trial.
MR. RASHBAUM: Now, State showed you a picture of you on the beach with wendy Adelson.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: No discussion about a murder plot during that.
MR. RASHBAUM: The jet ski incident, was Charlie scared?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: Were you upset?
KATHERINE MAGBANUA: Of course.
MR. RASHBAUM: Did it cause a whole string of text messages and fights between you and Sigfredo?
KATHERINE MAGBANUA: After that incident, yes.
MR. RASHBAUM: You were afraid that Charlie was going to break up with you, right?
KATHERINE MAGBANUA: Not really.
MR. RASHBAUM: Really? Your text messages don't show that you were upset that Charlie might break up with you, that Sigfredo was trying to run your life?
KATHERINE MAGBANUA: well, I was upset but I didn't really care if Charlie was going to break up with me or not.
MR. RASHBAUM: Now, I want to take you to the week of the murder. And we'll start with July 14th. You had dinner with Charlie the night of July 14th, right?
KATHERINE MAGBANUA: Not that I can recall.
MR. RASHBAUM: Oh, you don't recall having dinner with him July 14th?
KATHERINE MAGBANUA: No, sir.
MR. RASHBAUM: Are you sure you didn't have dinner with him the night of July 14th?
KATHERINE MAGBANUA: I can't recall. If you'd show me something.
MR. RASHBAUM: Do you recall him working late and coming toward your house and meeting him at a place near the water on July 14th?
KATHERINE MAGBANUA: No, sir.
MR. RASHBAUM: well, let's do it this way. If you had dinner with him on July 14th, just four days before the murder --
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: -- did you pick up money from him at that point in time?
KATHERINE MAGBANUA: No, sir. Because I don't even remember that dinner.
MR. RASHBAUM: Assuming that the dinner happened --
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: -- which I think the State is going to prove.
KATHERINE MAGBANUA: Okay.
MR. RASHBAUM: Did you pick up any money from him at that dinner?
KATHERINE MAGBANUA: No, sir. I don't even recall that dinner.
MR. RASHBAUM: Fair enough. Do you recall having lunch with him on July 17th, the day before the murder?
KATHERINE MAGBANUA: No, sir.
MR. RASHBAUM: well, let me try to refresh your memory on this. Do you recall, on July 16th, that Charlie worked late and went out to dinner with Erika Johnson?
KATHERINE MAGBANUA: I can't recall.
MR. RASHBAUM: Do you recall that you got in a fight with him that night, because you thought he might be cheating on you?
KATHERINE MAGBANUA: No, sir. I don't recall it.
MR. RASHBAUM: Do you recall that there are text messages in which you were upset that he was out so late? You don't recall that?
KATHERINE MAGBANUA: No, sir. Do you have something to show me?
MR. RASHBAUM: I don't need to. Do you recall that he told you on that call that he had worked late, that he had gone out with Erika, and that he would have a lunch with you the next day?
KATHERINE MAGBANUA: I don't recall any of those days, sir.
MR. RASHBAUM: Do you recall that on the call, on that night, the evening of the 16th -- it's actually the very morning of the 17th. It's after midnight, that you were adamant that you wanted to have dinner with him on the 18th.
KATHERINE MAGBANUA: No, sir. I --
MR. RASHBAUM: You don't remember that.
KATHERINE MAGBANUA: -- don't recall any of those dates. That's why I'm asking --
MR. RASHBAUM: You don't remember that. It's fine.
KATHERINE MAGBANUA: -- if you can show me.
MR. RASHBAUM: The answer is, you don't remember that, right?
KATHERINE MAGBANUA: No. I can't recall.
MR. RASHBAUM: I get to ask the questions.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: Okay?
MR. RASHBAUM: That's how this works.
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: Now, you went to lunch with him near his house; do you recall that?
KATHERINE MAGBANUA: No, sir.
MR. RASHBAUM: One moment.
KATHERINE MAGBANUA: Yes, sir.
JUDGE EVERETT: Take your time.
(Off-the-record discussion.)
BY MR. RASHBAUM:
MR. RASHBAUM: Do you recall going to Vilas? It's like a Cuban-Mexican place right by Charlie's house?
KATHERINE MAGBANUA: I know of the restaurant, but I don't remember the date when we went or -- you know, we've eaten there before, yes.
MR. RASHBAUM: You don't recall going there the day before the murder?
KATHERINE MAGBANUA: No, sir.
MR. RASHBAUM: Nonetheless, if you had been there, you didn't collect any money that day, right?
KATHERINE MAGBANUA: No, sir.
MR. RASHBAUM: Do you recall that, during that lunch, you got in a big fight?
KATHERINE MAGBANUA: During what lunch?
MR. RASHBAUM: The lunch on the 17th that you don't remember.
KATHERINE MAGBANUA: How could I tell you what happened if I don't remember the date and you're not showing me anything?
MR. RASHBAUM: Let's talk about after the murder.
(Pause. )
MR. RASHBAUM: One moment, Your Honor.
JUDGE EVERETT: Take your time.
(off-the-record discussion. )
BY MR. RASHBAUM:
MR. RASHBAUM: Isn't it true that Charlie Adelson gave you $138,000 the night of the murder, not $100,000?
KATHERINE MAGBANUA: I never counted the money.
MR. RASHBAUM: Isn't it true that you were paid $3,000 every month after the murder?
KATHERINE MAGBANUA: No, sir.
MR. RASHBAUM: Isn't it true that you told Charlie Adelson that a terrible thing had happened? Your friend got an idea to do this. You didn't know anything about it, but you would help him?
KATHERINE MAGBANUA: Repeat that question, sir.
MR. RASHBAUM: Isn't it true that you told Charlie Adelson that a friend of yours had done this, that you had talked --
KATHERINE MAGBANUA: No, sir.
MR. RASHBAUM: -- too much, but that you would do everything you could to help Charlie Adelson?
KATHERINE MAGBANUA: No, sir.
MR. RASHBAUM: Isn't it true that you told him that if he ever went to the police, these people would do to him and his family what they had done to Professor Markel?
KATHERINE MAGBANUA: No, sir.
MR. RASHBAUM: If the State proves that for the next 20 months you received payments, does the State have it wrong?
KATHERINE MAGBANUA: That I received payments?
MR. RASHBAUM: For the next 20 months, after July 18th, if the State proves -- they're going to bring up a financial person --
MR. RASHBAUM: -- who's going to show cash payments. when the State proves that --
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: -- do they have it wrong?
KATHERINE MAGBANUA: No. Because I deposited throughout every month.
MR. RASHBAUM: The payments that Charlie were making to you.
KATHERINE MAGBANUA: No. what Sigfredo had given to me.
MR. RASHBAUM: Oh. Isn't it true that you were the mastermind behind Professor Markel's murder?
KATHERINE MAGBANUA: No, sir. That was Charlie.
MR. RASHBAUM: I'm sure it was.
KATHERINE MAGBANUA: I didn't have any information on Mr. Markel.
JUDGE EVERETT: Ms. Magbanua, do not volunteer information.
JUDGE EVERETT: wait for a question. Respond accordingly to the question.
KATHERINE MAGBANUA: I'm sorry, Your Honor.
BY MR. RASHBAUM:
MR. RASHBAUM: By the way, on these wires that we're going to hear, you're repeatedly lying to Charlie, right?
KATHERINE MAGBANUA: Repeatedly lying about what?
MR. RASHBAUM: well, you're telling him that you're calling the undercover number, right?
KATHERINE MAGBANUA: Yes. I lied to him about that.
MR. RASHBAUM: You never called the undercover number.
KATHERINE MAGBANUA: No. Because I was telling Sigfredo to call that number.
MR. RASHBAUM: Ma'am, let me ask the questions.
KATHERINE MAGBANUA: I'm answering you.
MR. RASHBAUM: I know you have an agenda, but let me ask the questions.
MS. CAPPLEMAN: Objection, move to strike. Argumentative.
JUDGE EVERETT: Sustained. Members of the jury, you're to disregard the last comment about any agendas.
Please continue.
BY MR. RASHBAUM:
MR. RASHBAUM: On those wires, you tell Charlie Adelson that you called the undercover number; do you not?
KATHERINE MAGBANUA: Yes. I said that.
MR. RASHBAUM: And you never called the undercover number.
KATHERINE MAGBANUA: Of course. why would I call it?
MR. RASHBAUM: You tell Charlie Adelson that you tried to call the number, but it's a nonworking number; do you recall saying that?
KATHERINE MAGBANUA: I believe so. Yes.
MR. RASHBAUM: And that was a lie.
KATHERINE MAGBANUA: Yes. We were all lying to each other.
MR. RASHBAUM: You call --
MR. RASHBAUM: Judge...
JUDGE EVERETT: She was responding to your question. You don't have to like the answer.
MR. RASHBAUM: TI actually love it.
BY MR. RASHBAUM:
MR. RASHBAUM: You never lied to Sigfredo on those wires, did you?
KATHERINE MAGBANUA: Yes, I did.
MR. RASHBAUM: when did you lie to Sigfredo on those wires?
KATHERINE MAGBANUA: well, he was lying to me, actually.
MR. RASHBAUM: I asked a different question. when did you lie to Sigfredo on those wires? Give me one example of lying to Sigfredo?
KATHERINE MAGBANUA: You're right. I'm stating that Sigfredo was lying to me.
MR. RASHBAUM: Ms. Magbanua, I'm going to ask the question one more time.
KATHERINE MAGBANUA: No. I didn't lie to Sigfredo.
MR. RASHBAUM: You never once lied to Sigfredo Garcia on those wires?
KATHERINE MAGBANUA: Not that I can recall. No.
MR. RASHBAUM: But you repeatedly lied to Charlie Adelson on those wires, didn't you?
KATHERINE MAGBANUA: Yes, sir. I did.
MR. RASHBAUM: By the way, you and Sigfredo Garcia talked about how you needed to get a burner phone, right?
KATHERINE MAGBANUA: No. Sigfredo was the one who got the burner phones.
MR. RASHBAUM: Okay. You and Sigfredo got burner phones, right?
KATHERINE MAGBANUA: Sigfredo bought the burner phones. Yes.
MR. RASHBAUM: And you used a burner phone, right?
KATHERINE MAGBANUA: Yes. He advised me to do so.
MR. RASHBAUM: Did you ever talk to Charlie Adelson about getting a burner phone?
KATHERINE MAGBANUA: I wasn't aware but I think -- I thought he had one.
MR. RASHBAUM: You told Charlie Adelson that Sigfredo Garcia left a voicemail for the undercover; do you recall telling him that?
KATHERINE MAGBANUA: I believe so. Yes.
MR. RASHBAUM: That was a lie, right?
KATHERINE MAGBANUA: I believe Sigfredo did leave a voicemail to the undercover.
MR. RASHBAUM: You think he did, or you think he just heard about the voicemail, that he actually never called the undercover?
KATHERINE MAGBANUA: If he said he did, he probably did.
MR. RASHBAUM: Now, shortly after the murder, you and Charlie break up, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: Like, immediately after.
KATHERINE MAGBANUA: I don't know if it's immediately after, but we stopped, you know, hanging out as much.
(Pause. )
BY MR. RASHBAUM:
MR. RASHBAUM: Now, you keep on saying that the State hasn't promised you anything, right?
KATHERINE MAGBANUA: Yes, sir.
MR. RASHBAUM: But you're hoping that they're going to help you, right?
KATHERINE MAGBANUA: Of course. I want to see my children again.
(Off-the-record discussion.)
MR. RASHBAUM: I have no further questions, Your Honor.
JUDGE EVERETT: Redirect examination.
REDIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Ms. Magbanua, I'm going to approach you with the text message exhibit that the defense showed you. Maybe I misunderstood but is this text showing that the defendant found out about Sigfredo in November or that Sigfredo found out about the defendant in November?
KATHERINE MAGBANUA: From the text messages, it's, it's that Sigfredo found out about Charlie.
MS. CAPPLEMAN: All right. The job in this case, there's some question about is it to harm, is it to rough up, is it to kill? what was the job?
KATHERINE MAGBANUA: It was to kill.
MS. CAPPLEMAN: And you knew it was to kill?
KATHERINE MAGBANUA: Those exact words weren't mentioned but yes.
MS. CAPPLEMAN: Did you know that this was going to result in a death?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Not a roughing up.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Okay. And I know you don't -- do you know precisely when you found out it was going to be a death?
KATHERINE MAGBANUA: No, sir.
MS. CAPPLEMAN: But can you tell this jury it was definitely before the murder?
KATHERINE MAGBANUA: Before July.
MS. CAPPLEMAN: And did charlie Adelson know it was a murder?
KATHERINE MAGBANUA: Yes, ma'am. She -- he did.
MS. CAPPLEMAN: Did Sigfredo Garcia know it was a murder?
KATHERINE MAGBANUA: Yes, ma'am. He did.
MS. CAPPLEMAN: No further questions.
JUDGE EVERETT: You may step down.
will this witness be recalled at any point?
MS. CAPPLEMAN: She could be, Judge. I would ask that she remain under the rule.
JUDGE EVERETT: Very well. Please approach.
(Sidebar discussion held as follows):
JUDGE EVERETT: Is there a witness we can quickly get through, or would you prefer to take lunch at this point?
MS. DUGAN: I think the next two witnesses -- they'll be mine. I think they'll be pretty quick. It's going to be Clariza and Erika. we could probably get them both done in 30 minutes or so. But I'll leave it up to the Court.
JUDGE EVERETT: All right.
MS. CAPPLEMAN: That would be our preference, because they're out-of-town witnesses.
JUDGE EVERETT: Very well. we'll call them.
MR. RASHBAUM: Can we --
JUDGE EVERETT: This will be another strike in the Dugan ledger if it's not exactly 30.
MR. RASHBAUM: Can we just take a five-minute break?
JUDGE EVERETT: Yes.
MR. RASHBAUM: I have to use the restroom.
JUDGE EVERETT: That's fine.
(Sidebar discussion concludes. )
JUDGE EVERETT: Members of the jury, we're going to take a brief break before we call the next witness. The bailiff will escort you into the jury room.
(Jury exits.)
JUDGE EVERETT: Everyone can be seated. we'll take a five-minute recess.
(Brief recess.)
BAILIFF: All rise. Court is back in session.
JUDGE EVERETT: Everyone can be seated. They told me we have two jurors need to finish using the restroom. Then we'll bring them in.
If the attorneys can approach briefly, as well.
(Sidebar discussion held as follows):
JUDGE EVERETT: There was one piece of information during direct that caught my ear.
Ms. Cappleman, did you have Ms. Magbanua authenticate the transcript as the Dolce vita recording?
MS. CAPPLEMAN: Yes, sir.
JUDGE EVERETT: Are you going to be offering this as evidence at some point?
MS. CAPPLEMAN: We need to readdress it. Yes, Your Honor.
JUDGE EVERETT: Very well.
Mr. Rashbaum, if there's any argument that you intend to make as to this, I guess we'll need to go through it later. But did you pick up on that, as well?
MS. MEYERS: We did, Your Honor.
JUDGE EVERETT: All right. So this was previously a disputed point. I guess, as we're sidebar, when you're ready to enter it.
MS. CAPPLEMAN: It's not today, Judge. So we can take it up at the end of the day or first thing in the morning, whatever is your preference.
JUDGE EVERETT: All right.
(Sidebar discussion concludes. )
JUDGE EVERETT: Ms. Cappleman, I believe on the witness stand you left State's 127.
MS. CAPPLEMAN: Oops. Thank you, Judge.