Oscar Jimenez Jr. — Direct/Cross
242 linesMS. CAPPLEMAN: The State calls Oscar Jiminez.
MS. CAPPLEMAN: How were you employed back in 2016?
OSCAR JIMENEZ JR.: Special Agent with the Federal Bureau of Investigation.
MS. CAPPLEMAN: Were you employed in any undercover operations during your time with the FBI?
OSCAR JIMENEZ JR.: Yeah, numerous.
MS. CAPPLEMAN: And were you involved in an undercover operation related to this case that occurred on April 19th of 2016?
OSCAR JIMENEZ JR.: Yes.
MS. CAPPLEMAN: Can you explain what that operation was?
OSCAR JIMENEZ JR.: My role in that operation, I was portraying a Latin King gang member, and I was instructed to conduct a bump.
MS. CAPPLEMAN: All right, and what's a bump?
OSCAR JIMENEZ JR.: Well, a bump is an investigative tool used by law enforcement where you would have either an agent or an officer working in an undercover capacity to have a face-to-face contact with either a person of interest or a subject in an investigation. And what you would look to do in a bump is either to extract information from that individual, or give them information, or possibly set up future meetings with that individual, or in some cases take a call or stimulate a wire or a phone tap.
MS. CAPPLEMAN: And was that the case here, that the bump was designed to generate chatter or conversation on a wiretap?
OSCAR JIMENEZ JR.: It was, yes.
MS. CAPPLEMAN: All right. And when you say you were posing as a Latin King gang member, did you announce yourself as a Latin King gang member to the person you approached?
OSCAR JIMENEZ JR.: I did not.
MS. CAPPLEMAN: Okay, so you're just — that's the role.
OSCAR JIMENEZ JR.: That was my role in character, that is correct.
MS. CAPPLEMAN: Okay. And who did you approach, and where was this done? Tell us what happened.
OSCAR JIMENEZ JR.: So I was instructed to do the bump, or do the contact, with Mrs. Donna Adelson, and this was in the Miami area.
MS. CAPPLEMAN: All right. And was it right out in front of her residence there, the Icon, like in South Beach?
OSCAR JIMENEZ JR.: I believe it was outside her residence in that general area.
MS. CAPPLEMAN: And what did you do when you approached Ms. Adelson?
OSCAR JIMENEZ JR.: Well, my instructions were to approach her and engage her in some type of conversation, and to hand a flyer or a piece of paper to her.
MS. CAPPLEMAN: I'm going to show you what I've marked as State 78 and ask if you recognize 78.
OSCAR JIMENEZ JR.: Yes, I do.
MS. CAPPLEMAN: Is State 78 consistent or a fair and accurate copy of the flyer that you handed Donna Adelson?
OSCAR JIMENEZ JR.: It is.
MS. CAPPLEMAN: Moving to evidence State 78.
JUDGE EVERETT: Any objection?
MR. RASHBAUM: No objection.
JUDGE EVERETT: State 78 is admitted.
MS. CAPPLEMAN: May I publish?
JUDGE EVERETT: You may.
MS. CAPPLEMAN: Do we have something?
MS. CAPPLEMAN: Just a news article related to the murder of Dan Markel.
MS. CAPPLEMAN: And what's the purpose of this written over here? Cell. Text.
OSCAR JIMENEZ JR.: So the cell number right there is my undercover covert phone number, and the $5,000 was what was expected to be received from Mrs. Donna Adelson.
MS. CAPPLEMAN: Okay, so you hand her this piece of paper, and her instructions are to call this number and you want $5,000.
OSCAR JIMENEZ JR.: That is correct.
MS. CAPPLEMAN: Just a bit?
OSCAR JIMENEZ JR.: Pretty much, yes.
MS. CAPPLEMAN: Was the interaction that you had with Donna Adelson recorded?
OSCAR JIMENEZ JR.: It was.
MS. CAPPLEMAN: How was it recorded?
OSCAR JIMENEZ JR.: It was recorded both audio and video.
MS. CAPPLEMAN: All right. And is that something you're wearing or something that's done by a remote team of officers, or both?
OSCAR JIMENEZ JR.: Both. I had a body recorder, audio and video, and it was also conducted by surveillance and security teams.
MS. CAPPLEMAN: All right. I'm going to show you what I've marked as 105.
MS. CAPPLEMAN: Have you had an opportunity to review State's Exhibit 105, which is the side-by-side of the image of what camera capture that you were wearing, as well as the one from across the street?
OSCAR JIMENEZ JR.: I have.
MS. CAPPLEMAN: All right, and that's got video and audio on it?
OSCAR JIMENEZ JR.: That is correct.
MS. CAPPLEMAN: Does it fairly and accurately capture the interaction between yourself and Donna Adelson during the bump?
OSCAR JIMENEZ JR.: It does.
MS. CAPPLEMAN: All right. Moving to evidence State's Exhibit 105.
JUDGE EVERETT: Any objection?
MR. RASHBAUM: No objection.
JUDGE EVERETT: State's 105 is admitted.
MS. CAPPLEMAN: And once this was concluded, did you maintain the cell phone that had that number ending in 6570 on your person and continue to be available to answer it if somebody called?
OSCAR JIMENEZ JR.: To the best of my ability, I maintained the phone. And because I was doing other casework, I would be available the best I could be.
MS. CAPPLEMAN: Okay, so you have the phone with you, but you're not going to answer it if you're at your kid's school or on another operation. I mean, there's situations which might require you not to answer it.
OSCAR JIMENEZ JR.: That is correct.
MS. CAPPLEMAN: Okay. As part of this operation, did you at some point make a phone call to the Adelson Institute?
OSCAR JIMENEZ JR.: I did.
MS. CAPPLEMAN: All right, and was that in the same undercover capacity as this gang member?
OSCAR JIMENEZ JR.: Yes.
MS. CAPPLEMAN: Okay, same character.
OSCAR JIMENEZ JR.: Yes.
MS. CAPPLEMAN: All right. And was that call made on April 28th of 2016?
OSCAR JIMENEZ JR.: I believe it was.
MS. CAPPLEMAN: And what was the purpose of this — what I'm calling a follow-up bump?
OSCAR JIMENEZ JR.: Yes, it's like a follow-up bump. It was basically to try and get Donna Adelson on the phone, and also to additionally stimulate the wire.
MS. CAPPLEMAN: All right. And that call was recorded as well, correct?
OSCAR JIMENEZ JR.: That is correct.
MS. CAPPLEMAN: Okay. And then is there an additional call bearing your voice, in this case, from Charlie Adelson to the undercover?
OSCAR JIMENEZ JR.: That is correct.
MS. CAPPLEMAN: Have you had a chance to review that call, which is contained on State's Exhibit 107, call FF?
OSCAR JIMENEZ JR.: I have.
MS. CAPPLEMAN: And were you able to authenticate your voice in that call?
OSCAR JIMENEZ JR.: Yes, I did.
MS. CAPPLEMAN: All right. And did you complete a call authentication log, which I've marked as State's Exhibit 128, initialing by the calls that bear your name?
OSCAR JIMENEZ JR.: I have.
MS. CAPPLEMAN: All right. Judge, at this time, I'd ask to introduce State's 128.
JUDGE EVERETT: Any objection?
MR. RASHBAUM: No objection.
JUDGE EVERETT: State's 128 is admitted.
MS. CAPPLEMAN: And, Judge, I also failed to introduce the call authentication log pertaining to Ms. Magbanua, which I've marked as 127. 127 — I would move that one into evidence by stipulation at this time as well.
JUDGE EVERETT: 127 is admitted.
MS. CAPPLEMAN: May I have one moment, Your Honor?
JUDGE EVERETT: Go ahead.
MS. CAPPLEMAN: 107 — I referenced that previously. That contains two calls: one call from you to the Adelson Institute, which I previously asked about, and then a call that I did not ask about, which was Donna Adelson to the undercover line. Have you had a chance to review those two calls on this exhibit?
OSCAR JIMENEZ JR.: Not completely — the one from Donna Adelson, no.
MS. CAPPLEMAN: Okay. Do we have a stipulation in reference to that call, or do we need a recess for him to authenticate Donna Adelson to the undercover?
MS. CAPPLEMAN: Judge, I'm moving into evidence State's 107.
JUDGE EVERETT: 107 is admitted at this time.
MS. CAPPLEMAN: And I don't have any further questions.
JUDGE EVERETT: Cross-exam?
MR. RASHBAUM: Good morning, Special Agent.
MR. RASHBAUM: How are you?
OSCAR JIMENEZ JR.: Retired.
MR. RASHBAUM: Congratulations.
OSCAR JIMENEZ JR.: Thank you.
MR. RASHBAUM: Your role was to pretend to be a member of the Latin Kings, right?
OSCAR JIMENEZ JR.: Latin King gang, yes.
MR. RASHBAUM: And you handed Donna Adelson a flyer?
OSCAR JIMENEZ JR.: I did.
MR. RASHBAUM: And you and your team accidentally didn't make a copy of that flyer, right?
OSCAR JIMENEZ JR.: Well, my role in the investigation was to be the undercover that was handled by the investigative team.
MR. RASHBAUM: But the flyer wasn't made — no one kept the original, right?
OSCAR JIMENEZ JR.: I later found out that it wasn't, but yeah.
MR. RASHBAUM: We provided the original to you because the Adelsons kept the original, right? They didn't destroy it.
OSCAR JIMENEZ JR.: I don't know what they did with it.
MR. RASHBAUM: Now, when you saw Donna Adelson, she told you that you scared her, right?
OSCAR JIMENEZ JR.: She was startled.
MR. RASHBAUM: And you told her that you knew that Katie and Tuto were being taken care of — and by being taken care of, you meant paid, right?
OSCAR JIMENEZ JR.: That is correct.
MR. RASHBAUM: So law enforcement understood that as of April 2016, when the bump occurred, Katie was continuing to get money, right?
OSCAR JIMENEZ JR.: I don't have all the details from the case, but that's what I assume was happening.
MR. RASHBAUM: So if Katherine Magbanua came in here yesterday and said that she wasn't getting money in the months following, that would be inconsistent with what the bump was set up to be, right?
MS. CAPPLEMAN: Objection. Confusing. Mis-characterization of the evidence.
JUDGE EVERETT: Sustained as to mischaracterization. You may re-ask the question if you can clean it up, Mr. Rashbaum.
MR. RASHBAUM: The whole point of the bump was you knew that Katherine Magbanua was getting paid, right, over time.
OSCAR JIMENEZ JR.: That's what I was told to say to Mrs. Adelson.
MR. RASHBAUM: During the bump, you told Ms. Adelson — Donna Adelson — that you were the brother of someone who was incarcerated, right?
OSCAR JIMENEZ JR.: That is correct.
MR. RASHBAUM: And that that person needed to be paid as well, right?
OSCAR JIMENEZ JR.: Taken care of, yes.
MR. RASHBAUM: And at the time that you did the bump, you knew that Luis Rivera was incarcerated, right?
OSCAR JIMENEZ JR.: Correct.
MR. RASHBAUM: And the idea was to pretend to extort Donna Adelson by posing as a violent gang member, right?
OSCAR JIMENEZ JR.: That is correct.
MR. RASHBAUM: Now, on April 28th — the bump was April 21st, correct?
OSCAR JIMENEZ JR.: I don't believe so.
MR. RASHBAUM: What day was it? I always get it confused.
OSCAR JIMENEZ JR.: April 19th. I believe it's the 19th.
MR. RASHBAUM: You hoped to spur some activity, right? After April 19th — that was the plan of the bump, right?
OSCAR JIMENEZ JR.: Right. Disperse.
MR. RASHBAUM: You mean disperse in what way? You hoped that phone calls would happen and that someone would pay the money?
OSCAR JIMENEZ JR.: That was the intention — to stimulate or tickle the wire.
MR. RASHBAUM: And no one paid the money, right?
OSCAR JIMENEZ JR.: No, no, they didn't.
MR. RASHBAUM: So then nine days later, you called the Adelson Institute, right?
OSCAR JIMENEZ JR.: I don't remember the exact date that I called. I don't recall.
MR. RASHBAUM: Whenever you called, you identified yourself as Sammy.
OSCAR JIMENEZ JR.: I believe so.
MR. RASHBAUM: And you spoke to someone — it was not Charlie Adelson, right?
OSCAR JIMENEZ JR.: That is correct.
MR. RASHBAUM: Now, until this call that you made to the Adelson Institute, no one had called the undercover number, right?
OSCAR JIMENEZ JR.: I don't believe so.
MR. RASHBAUM: Katherine Magbanua had not called the undercover number, right?
MR. RASHBAUM: Sigfredo Garcia had not called the undercover number, right?
OSCAR JIMENEZ JR.: I don't recall if he did or not.
MR. RASHBAUM: Do you think that you ever spoke to Sigfredo Garcia?
OSCAR JIMENEZ JR.: Oh, I know I didn't.
MR. RASHBAUM: Okay. Did Sigfredo Garcia ever leave you a voicemail?
OSCAR JIMENEZ JR.: I understood that — well, he... I did miss a call from him. I was working my other cases. But I never... I don't have access to the voicemail, so I don't know if he left a call.
MR. RASHBAUM: Have you ever heard a voicemail from Sigfredo Garcia?
OSCAR JIMENEZ JR.: I have not.
MR. RASHBAUM: Now, on the 28th, Charlie Adelson called the number, right?
OSCAR JIMENEZ JR.: I know he did call me. I don't recall the date.
MR. RASHBAUM: Okay. And he called from his own phone, right?
OSCAR JIMENEZ JR.: I don't remember what number was on the caller ID.
MR. RASHBAUM: So you don't know that he used his cell phone?
OSCAR JIMENEZ JR.: I don't know. I don't know his number.
MR. RASHBAUM: Now, he didn't say much on the call, right?
OSCAR JIMENEZ JR.: Well, not initially — and I did most of the talking.
MR. RASHBAUM: And you used words on the call like "in reference to" — do you remember using those words?
OSCAR JIMENEZ JR.: I did.
MR. RASHBAUM: And you used words on the call like "do the right thing," right?
OSCAR JIMENEZ JR.: That is correct.
MR. RASHBAUM: Charlie told you at the end of the call that he would call you back — do you remember that?
OSCAR JIMENEZ JR.: He said he would, yes — he did.
MR. RASHBAUM: But he never called you back.
OSCAR JIMENEZ JR.: Not that I know.
MR. RASHBAUM: Now, still no one paid any money, right?
OSCAR JIMENEZ JR.: Not to my knowledge, no.
MR. RASHBAUM: And so, uh — and on the calls, you were hearing that... well, strike that. Your Honor, let me turn your attention to May 4th, 2016.
OSCAR JIMENEZ JR.: Okay.
MR. RASHBAUM: Okay. Okay.
MR. RASHBAUM: At around two or three in the morning on May 4th, 2016, you sent Donna Adelson a text message to her cell phone, right?
OSCAR JIMENEZ JR.: I know I sent her a text message, but I don't know about two or three in the morning. I don't know the time or date.
MR. RASHBAUM: Do you remember that it was very early in the morning?
OSCAR JIMENEZ JR.: I don't. That was seven and a half years ago.
MR. RASHBAUM: Fair enough.
MR. RASHBAUM: The text message was pretty threatening, right?
OSCAR JIMENEZ JR.: I don't remember the content of the message, but I — I don't remember the content.
MR. RASHBAUM: Well, let me ask you, over time did the threats get worse?
OSCAR JIMENEZ JR.: Well, no, because I mean, I — I know that I did the bump, I remember talking to Charlie, and I remember calling the Adelson Institute and sending the text message, but I didn't add any additional threats.
MR. RASHBAUM: You say threats. You don't think that the text message was stronger than the original meeting or the letter that came in between?
OSCAR JIMENEZ JR.: Again, if you can show me the text message — but I don't think it was that bad.
MR. RASHBAUM: Did you say in the text message who was the puta who you called who had called you?
OSCAR JIMENEZ JR.: I think it's puto, but they said puta.
MR. RASHBAUM: Fair enough. My Spanish is not great.
OSCAR JIMENEZ JR.: No, no, that's fine.
JUDGE EVERETT: I think I'm going to defer to the witness's Spanish on this, Mr. Rashbaum.
MR. RASHBAUM: I will as well. I will as well. Nonetheless, you were trying to act like a Latin King, right?
OSCAR JIMENEZ JR.: I was. And quite frankly, I was instructed to be not so gang-like with Donna Adelson.
MR. RASHBAUM: Okay. Actually to be polite.
OSCAR JIMENEZ JR.: Okay.
MR. RASHBAUM: On May 6, 2016, you received a voicemail from Donna Adelson at 11:30 in the morning, right? Do — you remember getting a voicemail from her?
OSCAR JIMENEZ JR.: Well, again, if I receive a call and I don't answer the phone, these voicemails are remote. They're not on my phone. I don't have access to it. The investigative team has access to it.
MR. RASHBAUM: Fair enough.
MR. RASHBAUM: So you wouldn't remember trying to call her back a couple times after she —
OSCAR JIMENEZ JR.: Fair enough.
MR. RASHBAUM: I'm just asking what you remember.
OSCAR JIMENEZ JR.: Yeah, yeah.
MR. RASHBAUM: You don't recall calling her back a couple times, right?
OSCAR JIMENEZ JR.: I don't, sir.
MR. RASHBAUM: At some point, you spoke with her on that day, right?
OSCAR JIMENEZ JR.: I believe I spoke with her.
OSCAR JIMENEZ JR.: I don't know about that day.
MR. RASHBAUM: You're aware now that she recorded the call, right?
OSCAR JIMENEZ JR.: I have no idea.
MR. RASHBAUM: Okay. During that call, do you recall she told you that she didn't have anything, that she doesn't know what this has to do with her? Do you remember her saying that?
OSCAR JIMENEZ JR.: I don't recall that conversation at all.
MR. RASHBAUM: She tells you that she didn't do anything and doesn't know anything?
MR. RASHBAUM: She — tells you that there is a reward being offered, and that if you need money, you should go to the police.
MR. RASHBAUM: Do you recall her telling you that?
OSCAR JIMENEZ JR.: Like I said, I don't recall any of that conversation.
MR. RASHBAUM: On these wires that were spurred by your undercover activity, are you aware that Katherine Magbanua told Charlie that she and Sigfredo had called the undercover number many times?
OSCAR JIMENEZ JR.: No, sir.
MR. RASHBAUM: Are you aware that Katherine Magbanua told Charlie that they tried the number and it was a non-working number?
OSCAR JIMENEZ JR.: No, sir.
MR. RASHBAUM: It was a working number, right?
OSCAR JIMENEZ JR.: Oh, it is, yes. Absolutely.
MR. RASHBAUM: Are you aware that Katherine Magbanua told Charlie that Sigfredo left a nasty voicemail message on the undercover number?
OSCAR JIMENEZ JR.: No, sir.
MR. RASHBAUM: You're aware that Sigfredo Garcia called that number one time and it wasn't from his cell phone?
OSCAR JIMENEZ JR.: I was told that he called, but I don't know what number he called from.
MR. RASHBAUM: You don't know that he called from a burner phone?
OSCAR JIMENEZ JR.: No, sir.
MR. RASHBAUM: Whereas Charlie Adelson called from his own phone.
OSCAR JIMENEZ JR.: Again, I don't remember the numbers, and I don't remember, you know, who's calling from what phone.
MR. RASHBAUM: Thank you. I have no further questions.
JUDGE EVERETT: Redirect examination?
MS. CAPPLEMAN: No questions, Your Honor.
JUDGE EVERETT: You may step down.
OSCAR JIMENEZ JR.: Yes, sir.
JUDGE EVERETT: Will Mr. Jimenez be recalled?
MS. CAPPLEMAN: No, sir.
JUDGE EVERETT: Have a good day, sir. Please call your next witness.