5.Matsuri Undercover Agent — Direct/Cross
89 linesMS. CAPPLEMAN: Please introduce yourself and spell your name.
BRIAN KENDALL: Good afternoon. My name is Brian Kendall, B-R-I-A-N, K-E-N-D-A-L-L.
MS. CAPPLEMAN: How are you employed?
BRIAN KENDALL: I am currently employed for a private investment firm.
MS. CAPPLEMAN: what about back in 2016?
BRIAN KENDALL: I worked for the city of Plantation Police Department.
MS. CAPPLEMAN: As part of your duties there, were you called upon to participate in a surveillance operation involving this Defendant, Charles Adelson?
BRIAN KENDALL: Yes, aS a member of the FBI violent Crimes Task Force Miami Division, I was.
MS. CAPPLEMAN: And was the surveillance that you conducted of Mr. Adelson related to a wiretap that was ongoing at that time?
BRIAN KENDALL: Yes, there was current electronic surveillance of Mr. Adelson at the time.
MS. CAPPLEMAN: what were you asked to do?
BRIAN KENDALL: Conduct physical and electronic surveillance of Charles Adelson.
MS. CAPPLEMAN: All right. And did part of that involve going to the Matsuri restaurant?
BRIAN KENDALL: Yes.
MS. CAPPLEMAN: Is that a sushi restaurant in Miami?
BRIAN KENDALL: Yes, it is.
MS. CAPPLEMAN: All right. And what were you supposed to do once you got into the restaurant?
BRIAN KENDALL: I had a covert electronic surveillance audio and video recording device in attempt to record Charles Adelson and his father, Harvey.
MS. CAPPLEMAN: All right. And do you see Charles Adelson in the courtroom here today?
BRIAN KENDALL: I do.
MS. CAPPLEMAN: Could you point him out and describe what he's + =wearing?
BRIAN KENDALL: He's sitting at the Defense table wearing a blue blazer and a blue shirt and a blue tie.
MS. CAPPLEMAN: The record will reflect the witness has identified the Defendant.
JUDGE EVERETT: The record will reflect.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. And is this on April 21st, 2016?
BRIAN KENDALL: Yes, it is.
MS. CAPPLEMAN: what equipment were you using for this operation?
BRIAN KENDALL: It was a recording device that recorded audio and video.
MS. CAPPLEMAN: All right. Can you describe the setup at the restaurant and where you were located in relation to Mr. Adelson?
BRIAN KENDALL: Harvey and Charles Adelson were sitting at the sushi bar. I took a position directly next to Harvey.
MS. CAPPLEMAN: were you able to hear the conversation that they were having?
BRIAN KENDALL: No.
MS. CAPPLEMAN: Was the recorder closer to them than you were?
BRIAN KENDALL: It was right between myself and Harvey Adelson.
MS. CAPPLEMAN: Have you had an opportunity to review the recording that's captured on State's Exhibit 12?
BRIAN KENDALL: Yes.
MS. CAPPLEMAN: And is that a fair and accurate recording of the interception you made there at the Matsuri restaurant on the date in question?
BRIAN KENDALL: Yes, it is.
MS. CAPPLEMAN: All right. And it's video and audio; is that right?
BRIAN KENDALL: That's correct.
MS. CAPPLEMAN: Let the record reflect the witness has initialed this exhibit, and I will at this time move it into evidence as State's Exhibit 112.
JUDGE EVERETT: Any objection?
MR. RASHBAUM: No objection.
JUDGE EVERETT: State's 112 is admitted.
(State's Exhibit 112 received in evidence.)
MS. CAPPLEMAN: No further questions.
JUDGE EVERETT: Cross-examination?
MR. RASHBAUM: One moment, Your Honor.
CROSS-EXAMINATION BY MR. RASHBAUM:
MR. RASHBAUM: Good afternoon.
BRIAN KENDALL: Hi. Good afternoon.
MR. RASHBAUM: Back in 2016, you didn't really like sushi, did you?
BRIAN KENDALL: Not that much.
MR. RASHBAUM: You didn't see them enter the restaurant, right?
BRIAN KENDALL: No.
MR. RASHBAUM: And you didn't see them talk outside the restaurant before they entered the restaurant, right?
BRIAN KENDALL: No.
MR. RASHBAUM: There's no recording of that to your knowledge, = correct?
BRIAN KENDALL: That's correct.
MR. RASHBAUM: Now, during the conversation, do you recall some whispering happened?
BRIAN KENDALL: Yes.
MR. RASHBAUM: And you couldn't hear what was whispered, right?
BRIAN KENDALL: That's correct.
MR. RASHBAUM: when they left the restaurant, could you see them talking in the parking lot?
BRIAN KENDALL: Yes.
MR. RASHBAUM: But there's no recording of what they were saying in the parking lot, right?
BRIAN KENDALL: That's correct.
MR. RASHBAUM: You participated in the arrest of Charlie Adelson as well, right?
BRIAN KENDALL: That's correct.
MR. RASHBAUM: And that occurred in April of 2022?
BRIAN KENDALL: Yes.
MR. RASHBAUM: And the arrest happened at around 6:00 a.m. in the morning?
BRIAN KENDALL: Yes.
MR. RASHBAUM: And during that arrest, one of the officers got caught in a barbed wire fence, right?
BRIAN KENDALL: Yes.
MR. RASHBAUM: That was behind Mr. Adelson's house, right?
BRIAN KENDALL: Yes, on the side of his house, I believe.
MR. RASHBAUM: Okay. Also, during that arrest, there were a lot of security cameras, right?
BRIAN KENDALL: Not that I'm aware of.
MR. RASHBAUM: Okay. when Charlie Adelson was arrested, he surrendered peacefully?
BRIAN KENDALL: Yes.
MR. RASHBAUM: And he consented to allow the agents to come in the house?
BRIAN KENDALL: I'm -- I wasn't aware of that.
MR. RASHBAUM: Fair enough. May I have one moment, Your Honor?
JUDGE EVERETT: Take your time.
MR. RASHBAUM: No further questions, Your Honor.
JUDGE EVERETT: Redirect examination?
MS. CAPPLEMAN: No questions, Judge.