Day 4 - October 31, 2023

Dolce Vita Transcript Demonstrative — Defense Objection and Ruling on Inaudible Markers

36 lines

The court required the Dolce Vita transcript demonstrative to preserve “inaudible” markers and allowed further foundation questioning before jury display.

Christopher Corbitt - Cross Christopher Corbitt Dan Rashbaum

975 lines

Defense cross-examined Corbitt on the limits and interpretation of phone and cell-site evidence; the court also limited use of unadmitted texts and allowed a defense chart only as a demonstrative.

5 sidebars inside this proceeding

Redirect

Christopher Corbitt - Redirect Christopher Corbitt Sarah Kathryn Dugan

178 lines

Corbitt clarified duplicate-call methodology, a corrected message attribution, and the limits of cell-site evidence; the court sustained a speculation objection during redirect.

1 sidebar inside this proceeding

Text Message Context DisputeCounsel disputed whether a proposed text message could be considered without earlier messages that allegedly supplied its context.

Recross

Christopher Corbitt - Recross Christopher Corbitt Dan Rashbaum

20 lines

Corbitt agreed that a cell tower used by Ms. Adelson's phone at 12:31 was far from Trescott.

Highlights

Dolce Vita Transcript Demonstrative — Defense Objection and Ruling on Inaudible MarkersrulingThe court required the demonstrative to match the transcript, including the word “inaudible,” and said the State would need to lay any further foundation before it was shown to the jury.Christopher Corbitt - Cross“We don't have any recordings of those. So we don't know what was said during those communications.”— Christopher CorbittCorbitt confirmed that the call records did not reveal the substance of the conversations.Christopher Corbitt - CrossrulingThe court allowed defense counsel to ask about text messages for context but barred verbatim reading of unadmitted messages unless used for impeachment.

Oscar Jimenez Jr. - Direct Oscar Jimenez Jr. Georgia Cappleman

110 lines

FBI agent Oscar Jimenez Jr. authenticated the undercover contact, recordings, and call materials involving Donna Adelson; the court admitted the related State exhibits.

Oscar Jimenez Jr. - Cross Oscar Jimenez Jr. Dan Rashbaum

149 lines

Defense counsel questioned FBI agent Oscar Jimenez Jr. about the undercover operation, an unretained flyer, and his limited recollection of later calls and messages.

Highlights

Oscar Jimenez Jr. - Directevidence eventThe court admitted State's Exhibit 78, which Jimenez identified as a fair and accurate copy of the flyer given to Donna Adelson, and State's Exhibit 105, the audio-and-video recording of the contact.

Louis Bronstein - Direct Louis Bronstein Georgia Cappleman

93 lines

FBI agent Louis Bronstein described recording Charlie Adelson and Katherine Magbanua at Dolce Vita; State's Exhibit 109 was admitted over objection.

Louis Bronstein - Cross Louis Bronstein Dan Rashbaum

32 lines

Bronstein acknowledged he did not know what was discussed before the restaurant recording and could not hear much of the conversation directly.

Defense Flags Unreviewed Dolce Vita Transcript; Court Grants Review Time

30 lines

James Keith McElveen - Direct James Keith McElveen Georgia Cappleman

81 lines

Forensic engineer James Keith McElveen explained audio processing of two restaurant recordings; the court admitted State's Exhibits 110 and 113.

James Keith McElveen - Cross James Keith McElveen Dan Rashbaum

54 lines

McElveen acknowledged limits in the enhanced restaurant recordings, including inaudible speech, unknown pre-recording conversation, and unrecoverable whispers.

Dolce Vita Recording Review Confirmed; Cautionary Instruction Finalized

22 lines

Defense renewed its objection after reviewing the modified recording, and the court set the cautionary instruction to accompany its presentation.

sidebar

Lengthy Witness Schedule

23 lines

The parties discussed ending early during a lengthy recordings witness and allowing the defense time afterward to consult with its client about whether he would testify.

Dolce Vita Recording Review Confirmed; Cautionary Instruction Finalized (Resumed)

9 lines

Highlights

James Keith McElveen - Directevidence eventThe court admitted State's Exhibit 110, McElveen's audio work product for the Dolce Vita recording, over the defense's prior objection.James Keith McElveen - Direct“No, when we begin our processing, we set up the controls, and the tool does not allow you to actually make any changes. You hit process, and it starts at the beginning and works all the way to the end. And you can't change anything as you go along and decide to leave the word "no" or “yes” out. You get the entire thing, and the same length of the recording in is the same that comes out down to microseconds.”— James Keith McElveenMcElveen testified that the processing tool could not be adjusted to add, remove, or selectively alter words.

Brian Kendall - Direct Brian Kendall Georgia Cappleman

47 lines

Brian Kendall described and authenticated an undercover Matsuri restaurant recording of Charles and Harvey Adelson; the court admitted State's Exhibit 112 without objection.

Brian Kendall - Cross Brian Kendall Dan Rashbaum

42 lines

The defense elicited limits in the undercover agent's observations and recording of the Matsuri meeting, then briefly questioned him about Charlie Adelson's April 2022 arrest.