3.Louis Bronstein — Direct/Cross
155 linesJUDGE EVERETT: Please call your next witness.
MS. CAPPLEMAN: The State calls Special Agent Bronstein.
JUDGE EVERETT: Please raise your right hand.
whereupon, LOUIS BRONSTEIN was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE EVERETT: You may take your seat.
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Sir, please introduce yourself and spell your name.
LOUIS BRONSTEIN: I'm Special Agent Louis Bronstein, L-O-U-I-S, B-R-O-N-S-T-E-I-N.
MS. CAPPLEMAN: How are you employed?
LOUIS BRONSTEIN: I'm a special agent with the FBI.
MS. CAPPLEMAN: How long have you been with the FBI?
LOUIS BRONSTEIN: Since 2014.
MS. CAPPLEMAN: Did you participate in an operation back on April 20th, 2016?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: And was that a surveillance involving the Defendant in this case, Charlie Adelson?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: what was your involvement related to that operation?
LOUIS BRONSTEIN: I was conducting physical surveillance in the area of Miami Beach and its surroundings and then also maintained availability to move northward if the surveillance venue changed and deploy surveillance hardware if needed.
MS. CAPPLEMAN: Okay. So originally there was an attempt to surveil a meeting between Donna Adelson and Charlie Adelson, and you were involved in that?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: Okay. And what was your role in that particular effort?
LOUIS BRONSTEIN: At the beginning of that day, I was involved in surveilling the bump as it's been called.
MS. CAPPLEMAN: Okay. Yeah.
LOUIS BRONSTEIN: And following that, I maintained availability in that area, and then I received word that there would be a meeting taking place north of Miami Beach. So I made my way north.
MS. CAPPLEMAN: Okay. I think I'm with you. So you were present at the bump doing some recording from a remote location?
LOUIS BRONSTEIN: I was not recording at that time.
MS. CAPPLEMAN: Okay. what was your role there?
LOUIS BRONSTEIN: I was -- we call it QRF, quick reaction force, just for the security of the undercover or whoever is involved.
MS. CAPPLEMAN: Okay. So just part of the team for security purposes?
LOUIS BRONSTEIN: Uh-huh.
MS. CAPPLEMAN: And then from there, you moved to -- is ita restaurant known as Dolce Vita?
LOUIS BRONSTEIN: Yes, at the time that's what the restaurant was.
MS. CAPPLEMAN: All right. And what was your role at the efforts to record a conversation at the Dolce Vita restaurant that day?
LOUIS BRONSTEIN: I was instructed to make my way towards the Dolce Vita restaurant. At the time that I arrived, I was handed some recording equipment in a bag, and I went inside and positioned myself as close as possible to Mr. Adelson.
MS. CAPPLEMAN: All right. So you knew who you were trying to record when you went into the restaurant?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: And was Mr. Adelson already inside the restaurant ~when you entered?
LOUIS BRONSTEIN: I would have to think yes, but I don't recall exactly.
MS. CAPPLEMAN: All right.
LOUIS BRONSTEIN: I think -- I'm almost certain, yes.
MS. CAPPLEMAN: And was there another person present as well that you were attempting to record?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: And who was that?
LOUIS BRONSTEIN: Katherine Magbanua -- Katie Magbanua.
MS. CAPPLEMAN: Okay. And was the objective just to get as close as possible without being made --
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: -- and try to record their conversation?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: Okay. Tell us about the equipment. You said it was inside of a bag. what does that look like?
LOUIS BRONSTEIN: It was a messenger bag, computer bag-size-type thing you would carry books or a laptop computer in, and kind of, like, perforations, like a bunch of holes in it.
MS. CAPPLEMAN: All right. Like a mesh?
LOUIS BRONSTEIN: Not quite like a mesh, but like if you think of -- it was made out of, like, leather or fake leather and maybe the whole front facing area of it just had a lot of holes spaced about a half inch to an inch apart all over.
MS. CAPPLEMAN: All right. And was the bag outfitted with audio and video recording equipment?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: And are you familiar with that equipment?
LOUIS BRONSTEIN: I'm familiar with its appearance, and it had sort of an on/off button. Beyond that, I have no real technical expertise for it.
MS. CAPPLEMAN: Okay. Was it in proper working order that day?
LOUIS BRONSTEIN: That was my understanding.
MS. CAPPLEMAN: All right. And you were able to review the recording, correct?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: So it did record audio and video that day?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: where were you positioned in relation to Mr. Adelson and Ms. Magbanua?
LOUIS BRONSTEIN: So they were seated towards -- about as far back in the restaurant as you can go, and I positioned myself with my back against the wall, so seated maybe 10, 12 feet away. And there was, I think, one table between us and them.
MS. CAPPLEMAN: All right. And what were they doing when you observed them at the restaurant?
LOUIS BRONSTEIN: They were having a conversation.
MS. CAPPLEMAN: was there background noise going on in the restaurant? What type of environment was it?
LOUIS BRONSTEIN: Yes, there was background noise. It's my best guess that the air handler for the restaurant was sitting in the ceiling probably directly above either my table or theirs, but there was a sufficient amount of background noise.
MS. CAPPLEMAN: Was there another agent inside the restaurant also attempting to record the meeting?
LOUIS BRONSTEIN: Yes, another FBI employee did enter the restaurant.
MS. CAPPLEMAN: All right. And did he have similar equipment that -- as to what you had?
LOUIS BRONSTEIN: Yes, that's my understanding.
MS. CAPPLEMAN: Okay. And if you know, was the recording that you made more successful or the one that he made?
LOUIS BRONSTEIN: I believe my recording was more successful.
MS. CAPPLEMAN: Have you had an opportunity to review State's Exhibit 109, which is the Dolce Vita recording from the equipment that you had that day?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: All right. And is it fair and accurate as far as what was captured that day?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: Judge, I move into evidence 109.
JUDGE EVERETT: Any objection from the Defense?
MR. RASHBAUM: None other than our previous motion.
JUDGE EVERETT: State's 109 is admitted at this time over Defense objection.
(State's Exhibit 109 received in evidence.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: And we talked about the date, but I'm not sure of the time on April 20th of 2016; is that correct?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: And what was the time that this meeting occurred?
LOUIS BRONSTEIN: I would have to reference notes or reports from that day. It would have been in the afternoon.
MS. CAPPLEMAN: Okay. 3:45 sound about right?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: And about an hour in length sound about right?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: No further questions.
JUDGE EVERETT: Cross-examination?
MR. RASHBAUM: Thank you, Your Honor.
CROSS-EXAMINATION BY MR. RASHBAUM:
MR. RASHBAUM: Good afternoon.
LOUIS BRONSTEIN: Good afternoon.
MR. RASHBAUM: So by the time you got to the restaurant and started the recording device, Katherine Magbanua and Charlie were already there and talking, right?
LOUIS BRONSTEIN: That's what I recall, yes.
MR. RASHBAUM: And you have no idea what they said before you started -- before you got there obviously, right?
MR. RASHBAUM: You -- did you see them speaking in the car for 15 minutes or so before entering the restaurant?
LOUIS BRONSTEIN: I don't recall that. It was several years ago obviously at this point.
MR. RASHBAUM: Fair enough. But you have no idea what, if anything, they spoke to each other about in a car before they got to the restaurant?
LOUIS BRONSTEIN: Their conversation in a car, no, I would have no direct knowledge of that.
MR. RASHBAUM: The restaurant was pretty loud with a lot of background noise, right?
LOUIS BRONSTEIN: I wouldn't say egregiously loud, but it had enough background noise that from the distance of me to you, you would not be fully capable of recognizing the content of a conversation.
MR. RASHBAUM: Fair to say you couldn't really hear much in terms of what they were saying to each other?
LOUIS BRONSTEIN: Correct.
MR. RASHBAUM: And that was with you being just 8 to 10 feet away from them, right?
LOUIS BRONSTEIN: Yes.
MR. RASHBAUM: I have no further questions, Your Honor.
JUDGE EVERETT: Redirect examination?
MS. CAPPLEMAN: No questions, Your Honor.
JUDGE EVERETT: You may step down. will he be recalled?
MS. CAPPLEMAN: No, sir.
JUDGE EVERETT: Have a good day. You are released.
LOUIS BRONSTEIN: Thank you, Your Honor.
MS. CAPPLEMAN: Could we do one more?
JUDGE EVERETT: How brief are we talking?
MS. CAPPLEMAN: Brief, lawyer brief.
JUDGE EVERETT: That scares me. All right. Members of the jury, please remember the only thing between you and lunch is Ms. Cappleman's brief witness.
Please call your next witness.
MS. CAPPLEMAN: Okay. I am advised it's going to be a lengthy cross. So maybe it's a good time for a lunch break, Your Honor.
JUDGE EVERETT: Very well. I am going to give you the same instruction once again that I give you every day. Do not discuss the case with each other or anyone else. Do not look at any news coverage. Do not seek any information concerning this matter. we will resume with the trial at 1:30. Please report back by 1:20.
(Jury exits the courtroom.)
JUDGE EVERETT: Everyone can be seated. Do we have anything to address before we go on our break?
MS. CAPPLEMAN: Nothing from the State.
MR. RASHBAUM: No, Your Honor.
JUDGE EVERETT: we are in recess. Please report back at 1:20 as well.
(Court is in recess.)
JUDGE EVERETT: Do the parties need to address any matters before the jurors come out?
MS. CAPPLEMAN: No, Your Honor.
MR. RASHBAUM: Just briefly, Your Honor.
JUDGE EVERETT: Go ahead.
MR. RASHBAUM: So my understanding is that the video -- the Dolce vita video is going to come in with the transcript. I'm just letting the Court know we haven't reviewed it. We've reviewed the transcript. we've reviewed the video, but we haven't reviewed what's coming in. we are okay with the State's word that it's a transcript, but we haven't seen it. So I'm just putting everyone on notice.
JUDGE EVERETT: All right. I understand what you're telling me. Do you wish to look at it now while there's some time?
MR. RASHBAUM: well, I mean, it would take 40-some-odd minutes to look at it.
JUDGE EVERETT: Ms. Cappleman, can you play for him, I guess, at least the parts that were previously at issue?
MR. RASHBAUM: It's the whole thing.
JUDGE EVERETT: well, not the whole thing, but the parts that were -- I guess, otherwise had the ellipses or the parentheticals.
MS. CAPPLEMAN: Yes, Your Honor.
(Pause. )
MR. RASHBAUM: So, Judge, I'm just a little confused at what I am supposed to be doing right now.
JUDGE EVERETT: I believe this morning Ms. Meyers indicated the portions that did not actually match the transcript, that had the parentheticals or the ellipses, were still at issue. Are you still raising that at this point now?
MR. RASHBAUM: I'm sure they corrected it, but it's -- the entire transcripts has ellipses, and now it's going to say unintelligible. I am just telling you we haven't seen it.
JUDGE EVERETT: I understand what you are telling me. I didn't want to take away your break, but this would have been a good time to watch the video if you had concerns about the video.
MS. CAPPLEMAN: Well, it wasn't concluded until towards the end of the break, Your Honor. So that wouldn't have been doable for them.
JUDGE EVERETT: All right. Do you wish to watch this further now?
MR. RASHBAUM: I think maybe give us 10, 15 minutes to scroll through it.
JUDGE EVERETT: Granted. Make sure you make good use of this time.
MS. CAPPLEMAN: Judge, would Your Honor be willing to do the next witness? I'm not publishing this item through that witness, but he does have a plane to catch. So if we could take our break after him, that would be great.
JUDGE EVERETT: That's fine. This is Mr. Kendall?
MS. CAPPLEMAN: McElveen, Your Honor.
JUDGE EVERETT: Excuse me, McElveen. All right. Please bring him in. That will probably give us an opportunity as well to discuss any instruction that the parties want to be given at the time this is published as well.