Patrick Sanford — Direct
669 linesJUDGE EVERETT: Please call your next witness.
MS. CAPPLEMAN: Special Agent Pat Sanford.
JUDGE EVERETT: Thank you.
JUDGE EVERETT: Please raise your right hand.
JUDGE EVERETT: Do you swear or affirm the testimony you're about to give will be the truth?
PATRICK SANFORD: Yes, I do.
PATRICK SANFORD: You may take your seat.
MS. CAPPLEMAN: I guess we'll have you reintroduce yourself.
PATRICK SANFORD: Again, Special Agent Patrick Sanford with the FBI.
MS. CAPPLEMAN: I want to circle back to a couple questions I missed last time with you, and then we'll talk about the wiretaps in this case.
MS. CAPPLEMAN: In reference to Professor Markel, he was transported from the scene to the hospital, correct?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Do you know how long he survived before he was pronounced dead?
PATRICK SANFORD: Approximately 14 hours.
MS. CAPPLEMAN: All right, and I want to ask you a few questions in reference to Wendi Adelson.
MS. CAPPLEMAN: Wendi Adelson advises that the Markels, meaning Dan's parents, have had unfettered access to their grandchildren. Is that true?
PATRICK SANFORD: Not to my knowledge, no.
MS. CAPPLEMAN: How many visits have they had with their grandchildren, say, between May of '16 and April of 2022?
PATRICK SANFORD: I don't believe they've had any visits during that time period.
MS. CAPPLEMAN: All right. And what about since then?
PATRICK SANFORD: Maybe less than a handful. I can't remember exactly how many.
MS. CAPPLEMAN: Does three sound correct?
PATRICK SANFORD: That sounds right.
MS. CAPPLEMAN: After Wendi got skewered at the first trial for not allowing any visits, she then allowed a visit, right?
MS. CAPPLEMAN: When was the first visit that the Markel family had after their son was murdered with their grandchildren?
PATRICK SANFORD: It was a few weeks before the scheduled trial of Katherine Magbanua, because we ended up delaying the grand jury indictment of Mr. Adelson so they could meet — for fear that if we proceeded with the indictment as scheduled, that visit might be canceled.
MS. CAPPLEMAN: That's correct.
MR. RASHBAUM: Objection, Your Honor. Leading and foundation.
JUDGE EVERETT: Sustained as to foundation.
MS. CAPPLEMAN: You're probably right.
MS. CAPPLEMAN: All right, I want to turn your attention to Mr. Rivera.
MS. CAPPLEMAN: We heard from Mr. Rivera. Are you familiar with his role in this case?
PATRICK SANFORD: Yes, I am.
MS. CAPPLEMAN: And were you aware that Mr. Rivera chose to become a witness in this case?
PATRICK SANFORD: I am.
MS. CAPPLEMAN: In, in exchange for a plea deal?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: Were you present when he gave his proffered testimony initially?
PATRICK SANFORD: Yes, correct.
MS. CAPPLEMAN: All right. Did we learn anything new in the proffer with Mr. Rivera that we had not known as part of the investigation already?
PATRICK SANFORD: We did.
MS. CAPPLEMAN: And was one of those items related to Mr. Garcia shooting a hole in the rental car?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Was — had at the time that you were interviewing Rivera or taking this proffer from Rivera, had law enforcement already tracked down that particular Prius, the suspect vehicle in this case?
PATRICK SANFORD: We had. It had been sold previously, and we had tracked it down.
MS. CAPPLEMAN: And upon that initial inspection, was this bullet hole discovered?
PATRICK SANFORD: No. We were unaware of it.
MS. CAPPLEMAN: After the proffer with Mr. Rivera, did law enforcement go back to look at the Prius to see if there was any evidence to corroborate what Rivera was saying about that particular item?
PATRICK SANFORD: Yes, we did. We went back and took possession of the vehicle and got a search warrant and searched it.
MS. CAPPLEMAN: I'm showing you State's Exhibits 49 through 53.
MS. CAPPLEMAN: Do — you recognize these exhibits?
PATRICK SANFORD: I do.
MS. CAPPLEMAN: How do you recognize them?
PATRICK SANFORD: These are photographs taken when they reacquired the vehicle and conducted the search warrant and found the actual bullet hole — going through where it went through and severed the gas line, and it was repaired.
MS. CAPPLEMAN: All right. Are they fair and accurate photos of the Prius upon that second inspection that was made by law enforcement?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: All right. Move into evidence 49 through 53.
JUDGE EVERETT: Any objection?
MR. RASHBAUM: No objection.
JUDGE EVERETT: 49 through 53 are admitted at this time.
MS. CAPPLEMAN: May I publish?
JUDGE EVERETT: You may.
MS. CAPPLEMAN: Publishing 49.
MS. CAPPLEMAN: Publish 53.
MS. CAPPLEMAN: Is — that just documenting the VIN number of the vehicle?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Publish 51.
MS. CAPPLEMAN: What does the rod show in the vehicle?
PATRICK SANFORD: It shows the path of the bullet, where the hole is, and the path of which way you traveled.
MS. CAPPLEMAN: And is it in the passenger seat floorboard?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: All right. Publish 52, please.
MS. CAPPLEMAN: Publish 53.
MS. CAPPLEMAN: All right, what does this exhibit show?
PATRICK SANFORD: This is the fuel line. You can see where it had been severed and had been repaired.
MS. CAPPLEMAN: Mr. Rivera testified that he knew Dan Markel was leaving town the day after he was killed and that's why the killing had to happen on the day it did. Are you familiar with that piece of his testimony?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: Okay, and have we ever found any— let me strike that. Have you had an opportunity to review Mr. Markel's Facebook?
PATRICK SANFORD: I have.
MS. CAPPLEMAN: Was there anything on his Facebook indicating that he was going out of town the day after he was killed?
PATRICK SANFORD: No.
MS. CAPPLEMAN: Have you had an opportunity to review the Prof's Blog that was provided by the defense in this case?
PATRICK SANFORD: Some of it.
MS. CAPPLEMAN: All right. Does the Prof's Blog provide specific information that would let these killers know that he was going to New York the next day?
PATRICK SANFORD: There was just a reference to a conference that was being put on.
MS. CAPPLEMAN: That Danny and I are going to a conference?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: So someone else saying "Danny and I are going to a conference" that starts on X date?
PATRICK SANFORD: That's correct. There was no other information detailing his travels.
MS. CAPPLEMAN: And is that published in the form of like an alert, or is it just in a narrative of a lot of other stuff?
PATRICK SANFORD: No, it was— it was buried inside of a lot of other stuff, inside of comments.
MS. CAPPLEMAN: I want to move on to the wire.
MS. CAPPLEMAN: Whose phones were tapped in this case?
PATRICK SANFORD: Katherine Magbanua's and Charlie Adelson's.
MS. CAPPLEMAN: How many phone calls were intercepted total?
PATRICK SANFORD: Thousands.
MS. CAPPLEMAN: Have you reviewed the disk of calls that were prepared, selected, and prepared for the jury's consideration in this case?
PATRICK SANFORD: Yes, I have.
MS. CAPPLEMAN: Are they all fair and accurate recordings of calls intercepted pursuant to the wiretap in this case?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: Judge, at this time I would move into evidence State's 108. It's a thumb drive containing the wire calls.
JUDGE EVERETT: Any objection?
MR. RASHBAUM: No, Your Honor, other than our previous objection.
JUDGE EVERETT: State's 108 will be admitted at this time over objection.
MR. RASHBAUM: May I confer with the opposing counsel for a moment?
JUDGE EVERETT: Take your time.
MR. RASHBAUM: I'm sorry, we had an issue we should have handled before the jury came in. I think we're ready to proceed.
JUDGE EVERETT: Go ahead.
MS. CAPPLEMAN: All right, so in reviewing the calls that were captured on this wiretap, was there any evidence of Donna Adelson and Charlie Adelson meddling in Wendi Adelson's life?
PATRICK SANFORD: Yes, there was quite a bit.
MS. CAPPLEMAN: All right, I wanted to bring your attention first to a text message that was included in Sergeant Corbitt's presentation about pulling the plug on a home purchase. Are you familiar with that text message?
PATRICK SANFORD: Yes, I am.
MS. CAPPLEMAN: All right, and for the jury's reference, it's page 218 in Sergeant Corbitt's presentation, but we've already seen these text messages. Can you tell me why the date of pulling the plug on the house is of interest to your investigation?
PATRICK SANFORD: That text message was sent on Halloween of 2013, which was the same time frame that Katherine Magbanua said that Charlie came to her Wendi was pulling the plug on the house. She was looking to buy a house, and Charlie was talking to her about not purchasing the house, not wanting her to purchase a house in Tallahassee.
MS. CAPPLEMAN: And was that done at someone else's urging to Charlie?
PATRICK SANFORD: Yes, it was.
MS. CAPPLEMAN: Who was that?
PATRICK SANFORD: His mother, Donna Adelson.
MS. CAPPLEMAN: And this date where it's revealed in the text that Wendi pulled the plug on the house is the same date that Charlie Adelson first approached Magbanua about harming Markel?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: And that's Halloween, October 31st, 2013?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: I want to move on to Dave.
MS. CAPPLEMAN: Do you know who Dave is, as a subject that comes up quite a bit on the wire?
PATRICK SANFORD: I do.
MS. CAPPLEMAN: And who is Dave?
PATRICK SANFORD: It's one of Wendi's ex-boyfriends, named Dave Atell.
MS. CAPPLEMAN: All right. And is this the person she was dating, apparently, at the time of the wiretap?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Okay. And is Dave the subject of discussion between Donna Adelson and Charlie Adelson?
PATRICK SANFORD: He is.
MS. CAPPLEMAN: So the two of them are talking about Wendi's love life.
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: Have you reviewed the wire to find out how many times Dave comes up on the wire?
PATRICK SANFORD: Quite a few. At least a dozen times.
MS. CAPPLEMAN: That they're having conversations about the status of Wendi's relationship with Dave?
PATRICK SANFORD: That's correct, and some of the conversations are quite lengthy.
MS. CAPPLEMAN: Okay. And, Judge, for this, I have 129, —Your Honor. I've got a couple additional calls that I'd like to publish, starting with this call, which is call 989.
MS. CAPPLEMAN: So I'm moving to introduce State's—
JUDGE EVERETT: What's the number?
MS. CAPPLEMAN: Let's do it again. I'm moving to introduce 129, which is a thumb drive containing additional wire calls, including 989, which I'd like to publish at this time.
JUDGE EVERETT: Any objection?
MR. RASHBAUM: Assuming it is what I've been told it is, no objection.
JUDGE EVERETT: I didn't ask for a caveat or lawyer's fee. Do you have an objection?
JUDGE EVERETT: Let's take a brief break. Members of the jury, the bailiff will take you back to the jury room.
JUDGE EVERETT: Affirmative one way or the other. Please play the recording for them too.
MS. CAPPLEMAN: So either time, 989 occurred on April 15th, 2016, at 8:21, and I also intend to publish 2873, which occurred on May 3rd, 2016, at 7:53 p.m.
MS. CAPPLEMAN: Correct. I'm sorry, did I say that? Okay, first one is 989, 4/15 of '16 at 8:21 p.m.
MS. CAPPLEMAN: Second one is 2873, May 3rd, 2016, 7:53 p.m.
JUDGE EVERETT: We need an affirmative statement at this point as to any objections.
MR. RASHBAUM: No objections.
JUDGE EVERETT: Please bring the jurors in.
JUDGE EVERETT: 1:30 now, but I'll clear that up for them as well.
JUDGE EVERETT: Everyone can be seated.
JUDGE EVERETT: Ms. Cappleman, you may continue.
MS. CAPPLEMAN: Thank you.
MS. CAPPLEMAN: Agent Sanford.
MS. CAPPLEMAN: I've made a mess of a couple things.
MS. CAPPLEMAN: So, can we circle back to the Wendi-giving-Dan's-parents-visitation question?
PATRICK SANFORD: Okay.
MS. CAPPLEMAN: Are you familiar with the email that Dan's mother sent regarding the Jewish-run child services organization?
PATRICK SANFORD: Yes, I am.
MS. CAPPLEMAN: Okay. Between that time, May of 2016, and April of 2022, how many visits did the Markels have with their grandchildren?
PATRICK SANFORD: As far as information I have, zero.
MS. CAPPLEMAN: All right, so not unfettered access.
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Okay, and since then, three visits, correct?
PATRICK SANFORD: Correct, and that's my knowledge.
MS. CAPPLEMAN: Okay, thank you.
MS. CAPPLEMAN: All right, my next mess is this exhibit, which is now going to be 130, not 129, as I previously indicated, because we had already identified something previously as 129. So 130 is going to be the Dave call, okay?
PATRICK SANFORD: Okay.
MS. CAPPLEMAN: All right, so you're familiar with this particular call. It's call number 989 on the wire. Do you remember it?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: Okay, and this call, April— All right, at this time, Judge, I'd ask to move into evidence State's 130 and publish call 989.
JUDGE EVERETT: Is there an objection as to State's 130?
MR. RASHBAUM: No, Your Honor.
JUDGE EVERETT: It is admitted at this time.
MS. CAPPLEMAN: All right, and if we could just start at 8:56, please.
MS. CAPPLEMAN: All right, can we pause it?
MS. CAPPLEMAN: All right, so, Judge, this may be a good time to have the jury advised that they each have headphones and may make use of them.
JUDGE EVERETT: If they don't need them, that's okay, but if they want them, you have volume controls. For everyone — members of the jury, please take your headphones if you wish to listen in that fashion.
MS. CAPPLEMAN: The volume controls on the headphones are in front, so the front rows are gonna have to tinker with it. Why don't we just play a minute of this as a test, and then we can back it up once everyone gives me the thumbs up?
[STAGE DIRECTION]: [audio recording plays]
AUDIO RECORDING: Because I'm in that demographic, the guy that I want to date, and I don't have a problem telling her — let me put some thought into my own question.
AUDIO RECORDING: Of course, it's a problem, and — I will continue to talk to her.
AUDIO RECORDING: But, you know, there's a limit, because there's a point at which someone purposely committed — what that is not going to be.
[STAGE DIRECTION]: [audio recording ends]
MS. CAPPLEMAN: All right, Judge, could we inquire as to if everyone is comfortable with that equipment at this time?
JUDGE EVERETT: For everyone who is going to wear the headphones, do you have anything that you need to raise concerning them?
JUDGE EVERETT: All right, they're nodding their heads in the affirmative that the headphones are working and giving a thumbs up. Let's go ahead.
[STAGE DIRECTION]: [phone recording plays of Charlie Adelson and Donna Adelson]
AUDIO RECORDING: And I don't have a problem telling her, "Wendi, you took a tour..." She put my own fortune at 37. I'm not asking for her.
AUDIO RECORDING: Of course.
AUDIO RECORDING: And I — will continue to talk to her.
AUDIO RECORDING: But there's a limit to the point at which you're — asking.
AUDIO RECORDING: What's that? The reason why I — I'll never tell someone you can't win the lottery twice, but I can tell you this: the probability is not in your favor. Probably it's not in your favor — winning a lot of ones, winning it twice, even more. And that's, you know, that's how I talk to her, because what happens is that it's... That's what you need to do. You know, speed is what I — I don't want — I don't want to offend her because I don't talk about her. I just say, "Wendi, listen, if you put a 37-year-old Victoria's Secret model on par with me, I wouldn't want to get serious with her." Why? What I can do with a 25-year-old?
AUDIO RECORDING: I said, a 25-year-old is going to be 18 in 15 years.
AUDIO RECORDING: I go, you want to buy a car with high mileage or low mileage?
AUDIO RECORDING: I go, "Listen, Wendi, you don't want to date a guy that's 50." You know why? Why? Because he's too old for you.
AUDIO RECORDING: "And he's going to be 60 in 10 years. And 10 years from now, you don't want to see yourself at — a 50-year-old." I get it.
AUDIO RECORDING: So it is what it is. But you can definitely ask her why she's not coming out and seeing you. Because she's there with you.
AUDIO RECORDING: Mom, just hear me out. I can talk to Wendi differently than anyone can. But even when I do, I don't reference her as saying, "Wendi, in a million years, I'm going to take a girl like you and two kids." If it's true — in a million years I would — what I would say is, "Wendi, the Victoria's Secret model I wouldn't have you set me up with, if she was —"
AUDIO RECORDING: It's a double standard, but that's life. She knows about double standards. It is what it is. So all I can say is, like, when I talk to her and I put it in those terms, she gets it. But, you know, obviously it doesn't help that she's got these fucking friends. Don't tell her that you deserve the Superman with some guy who's a doctor, who's single, who's just dying to take over the responsibility of some kids who aren't his.
AUDIO RECORDING: Like, there's tons of guys, tons of very wealthy, successful, young, good-looking guys wanting to date her — because nothing's more fun than having a six-year-old fart in your face while you're talking about sex.
AUDIO RECORDING: And only someone like him, who's got these boys, who knows what it's like, could understand this and doesn't bother them. Yeah, and it's not only that, it's a whole — bunch of his friends, like, paid for everybody for, like, $20 — ,000 or something like that.
[STAGE DIRECTION]: [audio recording ends]
MS. CAPPLEMAN: All right, so just to clarify, this call is — Oh, I guess I've got to wait for you to take your headphones off.
MS. CAPPLEMAN: This call happens two years after Dan Markel's death.
MS. CAPPLEMAN: Did Wendi end up marrying Dave?
PATRICK SANFORD: No, she didn't.
MS. CAPPLEMAN: All right, what about — so we talked about the meddling in her financial decisions, her love life — what about her career? Do they talk about that as well?
PATRICK SANFORD: They do.
MS. CAPPLEMAN: And I'm referring to Donna Adelson and the defendant discussing Wendi Adelson's career decisions.
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: All right, are you familiar with call 2873, also here on Exhibit 130?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: All right, and was that call made on May 3rd, 2016, at 7:53 p.m.?
PATRICK SANFORD: That sounds correct.
MS. CAPPLEMAN: Permission to publish this call, Your Honor?
JUDGE EVERETT: You may.
[STAGE DIRECTION]: [audio recording plays of phone call #2 between Charlie Adelson and Donna Adelson]
AUDIO RECORDING: I don't know if I told you this. I got Wendi to accept that job.
AUDIO RECORDING: With who?
AUDIO RECORDING: She told me she was going to accept it. After I got — I found out, I'm going to walk with her. She said she was going to accept that.
AUDIO RECORDING: She wants — but it's only about... But I said, "Wendi, I said —"
AUDIO RECORDING: First of all, there's no time frame on it. And if you change your mind, you change your mind. So you'll pick up skills you don't have.
AUDIO RECORDING: Right. And basically, now's not the time to — qualify for that.
AUDIO RECORDING: No, no, no. They offered her a job at UM. The dean called her up at UM.
AUDIO RECORDING: Oh, she didn't tell me that.
AUDIO RECORDING: Yeah, but it would have been basically like as a counselor, — an advisor, or whatever it was.
AUDIO RECORDING: Basically, — it would have been brainless work for her.
AUDIO RECORDING: She said the way she said it — she said even the dean called her up to ask her, If this is a skill you just got done telling me you don't really know how to do, now's the time to go learn that skill, not later.
AUDIO RECORDING: Right. You need to learn it. So at least you can learn it — until you don't like it, you can learn it, you can make a bunch of money.
AUDIO RECORDING: That's the whole thing, is that she can — you know, I'm like, "Let me — you might as well do it to see if you even like it." She's like, "Well, it's not really what I like."
AUDIO RECORDING: "But she's never done it." Right, but you've never done it, so you really don't know — until you say, dentistry — until you practice dentistry, you don't really know where it's left, exactly. So I got her to do that. And the other thing I was going to tell you is she asked me — a date to come to the house for Mother's Day — if I would mind, and I said, "Of course I might. Don't bring —" I — told her — she texted me the other day, and I said, yeah, bring him, the more the merrier.
AUDIO RECORDING: You know, why not? It's fun.
AUDIO RECORDING: Yeah, I don't care.
AUDIO RECORDING: Listen, I wouldn't care if you take— me to the pool just to help.
AUDIO RECORDING: Yeah, no, I told her, of course, we're in the living— I'm sure you'd rather her just spend the day with him than you anyway.
AUDIO RECORDING: You know, it's the best Mother's Day present you could have given me — I could have spent the day with him. I want to mention, like, I'm happy, as you know, I'm super happy. Oh yeah, no, I thought that would be your best Mother's Day present this year, when you wanted to bring Dave.
AUDIO RECORDING: She's developing a brain.
AUDIO RECORDING: You know what?
AUDIO RECORDING: That's great. Listen, Wendi just doesn't— comprehend, it— doesn't, like, register in her head.
AUDIO RECORDING: Not even, like, which— is great, to— see herself as a victim anymore.
AUDIO RECORDING: Yeah, no, so she's, uh...
[STAGE DIRECTION]: [audio recording ends]
MS. CAPPLEMAN: Let's move on to the bump. Was the bump on April 19, 2016, correct? What time of day was the bump in—
PATRICK SANFORD: In the afternoon. In the afternoon, yes.
MS. CAPPLEMAN: Were you involved in that operation?
PATRICK SANFORD: Yes, I was.
MS. CAPPLEMAN: What was your role?
PATRICK SANFORD: Um, I was the lead agent. Um, brought— the undercover down there, and we coordinated everything.
MS. CAPPLEMAN: Okay. What was the purpose of the bump?
PATRICK SANFORD: The purpose was, we had just begun the Title III on the individuals. We knew — we'd been two years after the homicide, and we wanted to purport the undercover agent to pretend to be somebody that Luis Rivera knew. Luis Rivera was currently in prison at the time, had been in jail, was in prison, and we wanted to make it seem that Luis Rivera was talking to people and telling people what he had done, and possibly even want more money out of it because his family was struggling because he was in prison.
MS. CAPPLEMAN: Why did you select Donna Adelson to be the recipient of this bump?
PATRICK SANFORD: Because we noticed the pattern of calls leading up to the murder and around the time of the murder. Um, the calls were always Donna Adelson to Charlie Adelson to Katherine Magbanua to Sigfredo Garcia, and then back. It was always going back and forth pretty much in that order, so we wanted to start it on one end and see what would happen, see if it would, if it would, uh, travel that same — that same line of person — people.
MS. CAPPLEMAN: All right, Judge, at this time I'd like to publish State's 105, the bump video.
JUDGE EVERETT: You may proceed.
MS. CAPPLEMAN: What is it? All— right, so on the left side of the screen we've got two different things going on here. Can you explain what we're looking at?
PATRICK SANFORD: Yes. On the left side is a body recorder that the undercover agent was wearing, and it has video and audio on it. So what you're hearing is audio coming from the undercover agent, and his video. On the right side is a separate video taken from surveillance agents that were in the area watching.
MS. CAPPLEMAN: All right, so the woman we're seeing on the stairs here — is that Donna Adelson?
PATRICK SANFORD: It is. And she's exiting the Icon, which is on South Beach, her condominium. That's the stairs coming from her condominium toward the street.
MS. CAPPLEMAN: All right, please proceed.
[STAGE DIRECTION]: [video plays with audio from The Bump undercover operation]
AUDIO RECORDING: Okay, okay, bye.
AUDIO RECORDING: Mrs. Adelson?
AUDIO RECORDING: How you doing? Just wanted to give you this.
AUDIO RECORDING: Listen. Ew, that's scary.
AUDIO RECORDING: Don't be scary. Listen, I just want to let you know that we know that your family has been taking care of Katie and her friend Luto for quite some time after your problem up north has been resolved.
AUDIO RECORDING: And I want to let you know that my brother, he's incarcerated.
AUDIO RECORDING: He helped your family with this problem you guys had up north.
AUDIO RECORDING: And we want to make sure that — he's going through some rough times, and we want to make sure that you take care of what he's going through, the way you're taking care of Katie and Luto.
[STAGE DIRECTION]: [video playback ends]
PATRICK SANFORD: Well, this looks like this is Mrs. Adelson goes after the conclusion of the bump — she goes into the elementary school there to the door to the right, goes inside and retrieves the children, and then goes back to the Icon, back across the street.
MS. CAPPLEMAN: And are those Wendi and Dan Markel's children?
PATRICK SANFORD: Yes, they are.
MS. CAPPLEMAN: So they're in school just literally less than a block over, right across the street from where she lives. Okay. And when the undercover bumps Mrs. Adelson, does she — do we know if she had a cell phone on her person?
PATRICK SANFORD: We don't know that.
MS. CAPPLEMAN: Okay. But you didn't see her take one out and make a phone call?
PATRICK SANFORD: She did not.
MS. CAPPLEMAN: All right. When is her first phone call after the bump?
PATRICK SANFORD: After she goes back into the Icon.
MS. CAPPLEMAN: Okay. And the undercover references the name Katie — actually two names, Katie and Tuto.
MS. CAPPLEMAN: Was there a strategic reason why the name Katie was used?
PATRICK SANFORD: Yes, there was.
MS. CAPPLEMAN: Could you tell us what that was?
PATRICK SANFORD: Yeah, basically, we believe that the Adelson family had been already in the public limelight because of the bad divorce.
PATRICK SANFORD: We believe they possibly could be—
MS. CAPPLEMAN: Let me back you up. Because of a bad divorce, they're in the limelight, or under suspicion for this murder?
PATRICK SANFORD: Under suspicion for the murder because of the bad divorce.
MS. CAPPLEMAN: Okay, I'm with you. Okay.
PATRICK SANFORD: And then, um, so we felt like, uh, Katie — couldn't — we felt like Katie's name had to be put in there to let them know that it wasn't a random person just trying to come and extort them. Um, that it had some legitimacy — me meaning legitimacy to it — because the person actually was in prison, he's the one who did commit the murder, and he was the one that we wanted to portray that he was providing information to other people about the homicide.
MS. CAPPLEMAN: And who is the first person that Donna Adelson calls after this bump?
PATRICK SANFORD: Charlie Adelson.
MS. CAPPLEMAN: At this time, I'd ask to introduce 124. This is a wire call summary that I've created to assist the jurors in following along with these wire calls. Any objection?
MR. RASHBAUM: No, Your Honor.
JUDGE EVERETT: 124 is admitted.
MS. CAPPLEMAN: At this time, Judge, I've marked one copy for evidence. Would it be permissible to pass out copies so everyone can follow along?
JUDGE EVERETT: Will you show them to the defense — but—
MS. CAPPLEMAN: Yes, sir.
MS. CAPPLEMAN: Judge, for the jury's purposes, will they be able to make notes on this and take it with them, or do they need to make their notes separately?
JUDGE EVERETT: Does the defense have any objection to the jurors writing on the summary and taking it with them?
MR. RASHBAUM: No, not at all. I think it's a great idea.
JUDGE EVERETT: Well, that settles the matter.
MS. CAPPLEMAN: At— this time, Your Honor, I will ask to publish what's marked as Call A on the — have I introduced this?
MS. CAPPLEMAN: I will introduce the wire calls themselves — and those are 108.
MS. CAPPLEMAN: Your Honor, 108 — I believe — has already been admitted over objection, so this will be Call A from 108 that we'd like to publish at this time.
OFF RECORD: I wouldn't bother you, I— would like you to review it. Okay.
OFF RECORD: So come down tomorrow. Dad leaves at 12, so anytime after 12.
MS. CAPPLEMAN: So, we've got — seems— like we're picking up mid-stride there a little bit, like we might have missed the first couple of words. Can you explain if that's true and why that is?
PATRICK SANFORD: Yeah, it could have been a couple of reasons. Technology missed it, or it could have been that the officer, you know, picked it up and hit the record button a little bit late, just after a few seconds.
MS. CAPPLEMAN: All right. And in this call, does Donna Adelson — the thing she was handed is State's Exhibit 78, right?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Does she ever mention to the defendant even the name Dan Markel?
PATRICK SANFORD: No, she does not.
MS. CAPPLEMAN: Danny?
PATRICK SANFORD: No.
MS. CAPPLEMAN: Gibbers?
PATRICK SANFORD: No.
MS. CAPPLEMAN: All right. We've established that the undercover did say the name Katie to Donna Adelson.
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: Does Donna Adelson say the name Katie to the defendant?
PATRICK SANFORD: No, she doesn't.
MS. CAPPLEMAN: What does she say?
PATRICK SANFORD: She says "a girlfriend."
MS. CAPPLEMAN: Who does she say this matter involves?
MS. CAPPLEMAN: Not Wendi, right?
PATRICK SANFORD: Right, not Wendi. The two of them.
MS. CAPPLEMAN: Who does she say?
PATRICK SANFORD: The two of them.
MS. CAPPLEMAN: "The two of us"? Two of us. Meaning herself and Charlie Adelson?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Is there another call where the defendant calls Mrs. Adelson back shortly after this?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: And is that the next call on the wire?
PATRICK SANFORD: It is.
MS. CAPPLEMAN: How long after the first call is this call that we're about to hear, called B?
PATRICK SANFORD: From my memory, a few minutes. I mean, I could look.
MS. CAPPLEMAN: You can look on the wire call summary in front of you.
PATRICK SANFORD: 2:09. It was five minutes. The call we just listened to was five minutes long, a little over five minutes. This call's at 2:35.
MS. CAPPLEMAN: Okay, so less than half an hour.
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: Publish B, please.
[STAGE DIRECTION]: [audio recording plays of phone call #3 between Charlie Adelson and Donna Adelson]
AUDIO RECORDING: Are you not paying the Sun Pass?
AUDIO RECORDING: Do you mind paying my Brown and Brown insurance?
AUDIO RECORDING: Because I'm going to just stay with the same company.
AUDIO RECORDING: Yeah, but the thing is, if you stay with the same company for three years, they can then try to bump you down into a lower bracket.
AUDIO RECORDING: Oh, okay.
AUDIO RECORDING: So I might as well stay with them and then hope that that's actually true — that they can do what they said about putting it in the lower bracket.
AUDIO RECORDING: Okay, so you wanted to call her home?
AUDIO RECORDING: Uh, yeah, because I told her that my mom would call her, because she handles, like, that stuff at the office, and then just write — and then just send them a check, because they have to have it before — I want to say the 29th or something.
AUDIO RECORDING: Okay. I didn't do that. And listen, whatever it is, whatever someone says, I wouldn't worry too much about anything.
AUDIO RECORDING: So if someone can write whatever they want to write, someone can say whatever they want to say, I'm not worried.
AUDIO RECORDING: Was it another bad review on Yelp?
AUDIO RECORDING: Yeah, there's reviews coming in. Sometimes there are bad reviews. This is a particular— I'm not being sued, no, no.
AUDIO RECORDING: Okay, all right. Honestly, it's whatever it is, it is. And I wouldn't, uh — just judging from what you're making it sound like, I wouldn't stress about it too much. Oh.
AUDIO RECORDING: Yeah, listen, people — people can always write, people can always say anything they want. It doesn't — you know, someone says you're a bad dentist, it doesn't mean you're a bad dentist. But anyway, I will — uh, I'll definitely come down. It actually works out perfectly to cut the day off.
AUDIO RECORDING: Okay, you know, so I'll make you take me out to dinner, so make sure you bring cash with you, okay?
AUDIO RECORDING: Do I need to bring cash?
AUDIO RECORDING: Yeah, if you can take me out to dinner, then I think that's probably a good idea.
AUDIO RECORDING: Yeah, was this... I should bring cash. I don't have much cash to bring.
AUDIO RECORDING: Yeah, I'll see if I have money for dinner.
AUDIO RECORDING: Was it — can I ask you, is someone blackmailing you? Here someone's— trying to blackmail you, that's— crazy. Is it... is there, uh, is— there any way I could see you? You can't come up here at all?
AUDIO RECORDING: Even if I, um, came up there and got there, it would be 5:15. It would be tough to, you know, necessarily get back here in time to pick them up.
AUDIO RECORDING: Can I just ask you this?
AUDIO RECORDING: Is this anything government related, or is this like a— whack job writing a letter to you, or is this government related?
AUDIO RECORDING: No, I don't think so.
AUDIO RECORDING: So it's not government or military or anything like that?
AUDIO RECORDING: No.
AUDIO RECORDING: Who is the letter addressed to?
AUDIO RECORDING: To you.
AUDIO RECORDING: That's crazy.
AUDIO RECORDING: Do you know who sent it to you?
AUDIO RECORDING: I have a pretty good idea.
AUDIO RECORDING: You know, let's wait, but then let's hope later. Either I— would like to today. I will, I will definitely, um— I just don't know if I'm gonna get back here in time for them.
AUDIO RECORDING: Is it — so whoever's, taking? the letter sent you, uh, an anonymous letter? Did— they sign it? Someone— showed up. Was it, like, by the process server?
AUDIO RECORDING: That's what I thought. It wasn't.
AUDIO RECORDING: Where did — where do they come to you at?
AUDIO RECORDING: I go right and I go past those gargoyles at the Icon. Right. On the sidewalk and about five feet from pressing the button so that I can cross the street to pick up the blade.
AUDIO RECORDING: Right.
AUDIO RECORDING: And just to go down the sidewalk.
AUDIO RECORDING: Yes. Okay, so you stay right here then, okay?
AUDIO RECORDING: You stay right here.
AUDIO RECORDING: And you all look on the computer when Ben finishes, okay?
AUDIO RECORDING: And he came over and handed you — was it a young guy, an old guy?
AUDIO RECORDING: Really?
AUDIO RECORDING: You have to get into the self-employed insurance.
AUDIO RECORDING: It's crazy that someone handed you a letter like that. I don't know.
AUDIO RECORDING: Maybe we better just keep it on, you know, tomorrow.
AUDIO RECORDING: Is the person, like, threatening you or anything?
AUDIO RECORDING: I mean, I don't know how to interpret these.
AUDIO RECORDING: Let's not worry, and let's meet tomorrow. I think that's better.
AUDIO RECORDING: All right, let me ask you this. Do you want to take a picture of the letter and send me what someone sent you?
AUDIO RECORDING: So it wasn't a government or the military or something. It was just some random person.
AUDIO RECORDING: Fucking crazy.
AUDIO RECORDING: Where's the letter?
AUDIO RECORDING: It's a copy of an article that's written on the letter.
AUDIO RECORDING: Is the person's right name here?
AUDIO RECORDING: I don't know. I mean, it's kind of a thing.
AUDIO RECORDING: If there's a threat, you go to the police.
AUDIO RECORDING: Yeah.
AUDIO RECORDING: But anyway, let me — I don't think that's a good idea. Well, let me, well, I don't mean to — people crying, you gotta go to the police — but let me, let me talk, let me, let me see what it is, let me see what nonsense it is first. It won't be the first time I've been threatened.
AUDIO RECORDING: I'd like you to just, I'd like you to just see what you think.
AUDIO RECORDING: I mean, it's right here, right up here.
AUDIO RECORDING: Let's do that. Let's make it tomorrow, that would be ideal, okay?
AUDIO RECORDING: You got it. You can sit down, you'll play with the boys a little bit, okay?
AUDIO RECORDING: Alright, yeah, no, come down, I'll see you, I'll play with the boys.
AUDIO RECORDING: If it's something serious, you know I'm going to recommend going to the police.
AUDIO RECORDING: Oh, no, I know.
AUDIO RECORDING: All right, sounds good. All right, you guys, love you.
AUDIO RECORDING: Love you, too.
[STAGE DIRECTION]: [audio playback ends]
MS. CAPPLEMAN: Does Mrs. Adelson mention Dan Markel in this call?
PATRICK SANFORD: No, she doesn't.
MS. CAPPLEMAN: There's mention of going to the police: "If there was a threat, we're going to go to the police." Did anybody go to the police?
PATRICK SANFORD: No.
MS. CAPPLEMAN: And again, does Mrs. Adelson in this call ever mention the name Katie or Katherine Magbanua?
PATRICK SANFORD: No, she doesn't.
MS. CAPPLEMAN: Who is the first person that — oh, I'm sorry, we've got one more call between. Does the defendant call Donna back one more time?
PATRICK SANFORD: He does.
MS. CAPPLEMAN: All right, and is this the same date?
PATRICK SANFORD: It is.
MS. CAPPLEMAN: Okay, what time does this third call happen?
PATRICK SANFORD: It happens about three o'clock, about 15 minutes after the last call.
MS. CAPPLEMAN: All right. Publish C, please.
[STAGE DIRECTION]: [audio recording of phone call between Charlie Adelson and Donna Adelson]
AUDIO RECORDING: Hey, sorry about that. Quick question for you.
AUDIO RECORDING: One thing I was going to tell you is, obviously don't talk about things in the apartment or any place.
AUDIO RECORDING: No, obviously.
AUDIO RECORDING: The other thing is, was the person black, white, Hispanic?
AUDIO RECORDING: Once.
AUDIO RECORDING: And they just came up to you and they said your name and they handed you a piece of paper?
AUDIO RECORDING: No. No.
AUDIO RECORDING: Didn't hand it, by the way. First spoke to me for a while and then handed it.
AUDIO RECORDING: Really?
AUDIO RECORDING: Mm-hmm.
AUDIO RECORDING: And were they wearing hats and sunglasses?
AUDIO RECORDING: No.
AUDIO RECORDING: Nothing.
AUDIO RECORDING: Described them to a tune.
AUDIO RECORDING: What's that?
AUDIO RECORDING: You could describe them to a tune.
AUDIO RECORDING: No. No.
AUDIO RECORDING: Nothing.
AUDIO RECORDING: Was the person nervous, or were they angry?
AUDIO RECORDING: No, calm as could be.
AUDIO RECORDING: Totally calm.
AUDIO RECORDING: That's really crazy. Are they trying to ask for money or something?
AUDIO RECORDING: Um, yeah. Yeah.
AUDIO RECORDING: If it's something like that, it sounds probably like you go to the police.
AUDIO RECORDING: I may have to, but I'd rather talk to you first.
AUDIO RECORDING: Yeah, I mean, I wouldn't — You know, there's scumbags out there all the time. Sometimes I try to do stuff like that.
AUDIO RECORDING: Oh, I know.
AUDIO RECORDING: See, because I don't want your father upset.
AUDIO RECORDING: Don't change his desire to take a look at it.
AUDIO RECORDING: Absolutely.
AUDIO RECORDING: Not everything.
AUDIO RECORDING: That's why I suggested after he goes to work tomorrow.
AUDIO RECORDING: Did the person give you any kind of timeframe or anything?
AUDIO RECORDING: Um, no.
AUDIO RECORDING: I, um — Yeah. Yeah.
AUDIO RECORDING: What is the kind of fashion? What do they ask for?
AUDIO RECORDING: Um, I don't know. This TV is probably about five.
AUDIO RECORDING: They asked you for five thousand dollars?
AUDIO RECORDING: That's, yeah.
AUDIO RECORDING: I, I mentioned, um, an ex-girlfriend.
AUDIO RECORDING: Hi, Sonjara, come on in.
AUDIO RECORDING: Good, how are you?
AUDIO RECORDING: Okay. That's crazy.
AUDIO RECORDING: I don't — let me, let me take a look at it, and then I'll, and then I'll go from there.
AUDIO RECORDING: Your turn — link is going first. Okay, do that one. Yeah, that would be great.
AUDIO RECORDING: Okay, let me, let me take a look, and then I'll, uh —
AUDIO RECORDING: If you want to go to dinner, we, you know.
AUDIO RECORDING: Yeah, I'll go down in the afternoon and I'll take, I'll take a look at whatever, uh, yeah, whatever someone said. We'll go for a walk on the beach or something. It's just going to be nice and small. All right. Sounds good.
AUDIO RECORDING: Okay. All right. Love you too, honey.
AUDIO RECORDING: High five.
[STAGE DIRECTION]: [audio recording ends]
MS. CAPPLEMAN: In this call, does the defendant tell his mother, "obviously don't talk about things in the apartment or any place"?
PATRICK SANFORD: He does.
MS. CAPPLEMAN: What is the significance to your investigation of the reference to a TV — "This TV is probably about five"?
PATRICK SANFORD: He had made statements — I believe Wendi Adelson made the statement that he had offered to have a hitman hired early on, but thought it would be cheaper to have a TV, to buy her a TV as a divorce present.
MS. CAPPLEMAN: All right. And what about the use of the word "five" — "This TV is probably about five"?
PATRICK SANFORD: The 5,000 is what was written on the paper.
MS. CAPPLEMAN: All right. And in this call, was an ex-girlfriend mentioned — or the term "ex-girlfriend"?
PATRICK SANFORD: Yes, the term "ex-girlfriend."
MS. CAPPLEMAN: Okay. Was it ever said up to this point whose ex-girlfriend?
PATRICK SANFORD: No.
MS. CAPPLEMAN: The name Katie or Katherine Magbanua at all?
PATRICK SANFORD: No.
MS. CAPPLEMAN: And does the defendant in this case — has evidence revealed he has a lot of ex-girlfriends?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Who is the next person that he calls after these — we've got three calls with his mother?
PATRICK SANFORD: Katherine Magbanua.
MS. CAPPLEMAN: Publish D, please.
[STAGE DIRECTION]: [audio recording plays of phone call between Charlie Adelson and Katherine Magbanua]
AUDIO RECORDING: Hello.
AUDIO RECORDING: Hey, what's going on?
AUDIO RECORDING: Is there any place you can talk to me?
AUDIO RECORDING: The what?
AUDIO RECORDING: Are you any place that you can talk to me?
AUDIO RECORDING: I'm talking to you now.
AUDIO RECORDING: What's that?
AUDIO RECORDING: Just talk right now, just talk.
AUDIO RECORDING: Okay, can you go simpler? It's not loud where I'm talking to you. I can't — this is like loud, like I can't get out.
AUDIO RECORDING: Okay, I'm trying to walk outside and talk to you right now. I can't even talk to you to get outside.
AUDIO RECORDING: All right, let me run it off the track. All right.
AUDIO RECORDING: Um, somebody...
AUDIO RECORDING: Hang on, okay?
AUDIO RECORDING: I can hear.
AUDIO RECORDING: Okay, I just want you to listen to me. I'll be able to talk to you first, and then I'll see you tomorrow, because I don't know what's going on, but my mom walked the kids. I only heard part of the story, and I'm going to go down there and talk to her tomorrow to find out what's going on, because she didn't want to elaborate, but she said that someone approached her on the street and called her by name. And then handed her an envelope with, uh, something in it.
AUDIO RECORDING: Yeah.
AUDIO RECORDING: And, uh, somebody — she wouldn't really go into detail, and I have no idea what this is in reference to, but something regarding her son, something regarding his ex-girlfriend, and the person asking my mom for some money.
AUDIO RECORDING: What?
AUDIO RECORDING: Yeah, so I said — yeah, I'm like, first what you're saying I thought it was like something involved in the IRS or something like that, so I don't even know what the fuck it's about, um, at all.
AUDIO RECORDING: So somebody just like bumped into your mom like that?
AUDIO RECORDING: Well, they came up to her on the street after she dropped the kids off at school. I guess she brought them to school, I don't even know, but they must know her routine and must know who she is.
AUDIO RECORDING: Yeah.
AUDIO RECORDING: They walked up to her, they called her by name, they handed her an envelope, she said they spoke to her for a few minutes, and then she said, you know, they're making reference to my ex-girlfriend, because I have no fucking clue what that's about.
AUDIO RECORDING: Yeah.
AUDIO RECORDING: And, and then, uh, they, uh, explained that they needed to be paid for money.
AUDIO RECORDING: Well, why?
AUDIO RECORDING: I don't even know if Mom would want to talk to me on the phone.
AUDIO RECORDING: But like, she should have asked you something.
AUDIO RECORDING: That's what I said. Someone's going to try to blackmail you or something. Exactly. I said, you've got to go straight to the police. She's like, I don't even know what this is about. I don't want to talk about it. I'll go take a picture and send you where it is. She's like, I just wanted to see you in person.
AUDIO RECORDING: So I'm gonna go to — I can't even fucking go there today because I won't get out of work.
AUDIO RECORDING: Yeah.
AUDIO RECORDING: So she's like, just talking to your mom — I don't even fucking know. I don't know what's going on with my mom.
AUDIO RECORDING: You didn't do anything with my mom, I mean?
AUDIO RECORDING: Yeah.
AUDIO RECORDING: Okay, just checking.
AUDIO RECORDING: I don't — it's checking — I don't know who knows, but I feel for your mom, like, what the hell.
AUDIO RECORDING: I don't know, it's just a random person going up to your mom like, hello.
AUDIO RECORDING: Yeah, and my mom said it involves your — my ex-girlfriend, so I don't even think she said who. I'm just like, you're my last girlfriend, so that's why I'm calling you.
AUDIO RECORDING: What is it they would want for her?
AUDIO RECORDING: I have no idea. So anyway, I'm going to find out.
AUDIO RECORDING: Well, they wanted money.
AUDIO RECORDING: I know, exactly. Did she tell you?
AUDIO RECORDING: Yeah, she was just with—
AUDIO RECORDING: The kids — and was like, listen, just — she doesn't have the day off tomorrow, but she's like, come down and talk to me. So I'm going down tomorrow to talk to her. And then, I don't remember if it had anything to do with you. If they're mentioning you or any reference to you, I'll keep you posted.
AUDIO RECORDING: Why don't they meet?
AUDIO RECORDING: I don't know.
AUDIO RECORDING: Well, we'll talk. It could be anything. So I just assumed that. Exactly.
AUDIO RECORDING: But anyway, doesn't matter. So I may want to see you tomorrow if it does have anything to do here. If it doesn't, then I feel like a fucking idiot for even bothering, wasting your time.
AUDIO RECORDING: I know, I said, Mom, was the guy wearing half glasses? Mom's like, no, I could pick the person out of a line in a second. They came over to me, they spoke to me very politely, um, they had — there was a white male in the 30s, no hat, no glasses, just a white male in the 30s, came up to her, and knew who she was, and addressed her.
AUDIO RECORDING: But anyway, either here or there, I feel like an idiot if it was some other ex, but anyway.
AUDIO RECORDING: Yeah, did you have any fight with any of your other exes or something?
AUDIO RECORDING: I don't know. I mean, maybe I should just be calling everybody today.
AUDIO RECORDING: Yeah, you should try to find out.
AUDIO RECORDING: I thought when I spoke to my mom, she'd said it involved — they've mentioned your name in it. That's why I was calling you. But I'm gonna feel like an idiot if they didn't, so anyway. Are you working tomorrow? What's the story?
AUDIO RECORDING: Yeah, but you can always call me while you're over there. Doesn't matter.
AUDIO RECORDING: All right, what time do you finish work?
AUDIO RECORDING: Thank you.
AUDIO RECORDING: All right, let me know. What time do you finish work tomorrow?
AUDIO RECORDING: Oh, it doesn't matter. Well, like, I told them, like, I'm usually between like 9:30 to —
AUDIO RECORDING: You want me to get up?
AUDIO RECORDING: Yeah.
AUDIO RECORDING: Okay. What?
AUDIO RECORDING: Anytime between 9:30 to like 3-ish, 4-ish. It depends.
AUDIO RECORDING: Okay.
AUDIO RECORDING: Like, today I was, like, super, like, crazy.
AUDIO RECORDING: Okay, I gotta get back in there. I'm gonna be in Miami, and when I'm done hanging out down there, I'm gonna come with you.
AUDIO RECORDING: Yeah.
AUDIO RECORDING: Yeah, I'm, like, right there as well. So figure somewhere around four if I'll see you.
AUDIO RECORDING: Okay.
AUDIO RECORDING: All right. No worries, you know.
AUDIO RECORDING: All right.
AUDIO RECORDING: All right, have a good day. I'll talk to you later.
[STAGE DIRECTION]: [audio playback ends]
MS. CAPPLEMAN: Okay. In this call, we hear Charlie Adelson say that the undercover mentioned something about her son, meaning that the undercover mentioned something about him. Did the undercover mention anything about Charlie Adelson?
PATRICK SANFORD: No.
MS. CAPPLEMAN: Anything about Charlie Adelson's ex-girlfriend?
PATRICK SANFORD: No, not in those words. He did say the name Katie.
MS. CAPPLEMAN: Correct. Katie Antuto, correct?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: But didn't specify your son, your son's ex-girlfriend, anything like that?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: In this call we hear the defendant stating that Katherine Magbanua was his last ex-girlfriend, and that's why he's calling her. Is it true based on the evidence that was collected in this case that Katherine Magbanua was, in fact, his last ex-girlfriend?
PATRICK SANFORD: No.
MS. CAPPLEMAN: Okay, so he had other girlfriends in between Katherine Magbanua and the bump?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Including who?
PATRICK SANFORD: Whitney Kick.
MS. CAPPLEMAN: Okay, did he call Whitney Kick at all on the wire?
PATRICK SANFORD: No.
MS. CAPPLEMAN: Did he ever call any other ex-girlfriends other than Katherine Magbanua about this matter?
PATRICK SANFORD: Not about this matter, no.
MS. CAPPLEMAN: All right, I want to go to the next day, April 20th, 2016. Do we have a meeting that occurs that day?
PATRICK SANFORD: We did.
MS. CAPPLEMAN: All right. And Charlie and Donna have discussed they're going to meet in person, they don't want to talk on the phone. Did that meeting take place on April 20th?
PATRICK SANFORD: It did.
MS. CAPPLEMAN: Where did that meeting take place?
PATRICK SANFORD: It started inside their building, but they walked out the back of the building of the Icon, where Mrs. Adelson lives. They walked out the back of it, and then walked down the sidewalk, which is — which is a marina, right on the water of South Beach. There's a marina right behind their building. They walked down that sidewalk along the water, and there was a restaurant just down from their condo, and they stopped behind that restaurant at a little table, and sat at the table right by the water.
MS. CAPPLEMAN: Is that restaurant Monty's on South Beach?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: What time of day did this meeting occur at Monty's?
PATRICK SANFORD: Approximately 1 p.m.
MS. CAPPLEMAN: How long was the meeting?
PATRICK SANFORD: About 30 minutes.
MS. CAPPLEMAN: Were you present for the meeting?
PATRICK SANFORD: I was.
MS. CAPPLEMAN: And can you describe sort of their demeanor or what they were doing at the meeting?
PATRICK SANFORD: They walked very closely to each other. They went and sat kind of next to each other. It was a little round concrete table. They sat next to each other, and they were kind of leaning in intently, talking to each other, very low voices.
MS. CAPPLEMAN: Were there any attempts made to record what was being said at that meeting?
PATRICK SANFORD: Yes, we did try to record it.
MS. CAPPLEMAN: Okay. What were the results of those attempts?
PATRICK SANFORD: We were not able to get close enough to them. They were isolated across the sidewalk next to the water, and we weren't able to get close enough to them to be able to capture any audible conversations.
MS. CAPPLEMAN: How close did agents get? Did they have bags similar to the ones that were previously described, like recording devices in bags?
PATRICK SANFORD: There were recording devices in bags, yes. And we were able to get, I think, the closest we were able to get was maybe 20 feet from them.
MS. CAPPLEMAN: All right. And was the recording from that — was the expert that we heard from earlier, McElveen, able to get any audible words out of that recording?
PATRICK SANFORD: Not from those recordings, no.
MS. CAPPLEMAN: Okay. Was there a photograph taken of this meeting?
PATRICK SANFORD: Yes, I took a photograph.
MS. CAPPLEMAN: All right, Judge. At this time, I'd ask to introduce State's 54.
JUDGE EVERETT: Any objection?
MR. RASHBAUM: No objection.
JUDGE EVERETT: State's 54 is admitted. Permission to publish? You may.
MS. CAPPLEMAN: Once this meeting concluded, what is the next phone call that occurs on the wire?
PATRICK SANFORD: Um, Charlie Adelson calls Katherine Magbanua.
MS. CAPPLEMAN: All right. And so what time did that call occur?
PATRICK SANFORD: Um, can I refer to the —
JUDGE EVERETT: You may.
PATRICK SANFORD: It occurs — at 3:14 p.m.
MS. CAPPLEMAN: Okay. And in this call, are they just giving directions to each other to meet up?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: All right. And is that the Dolce meeting?
PATRICK SANFORD: It is.
MS. CAPPLEMAN: Okay. What is Dolce?
PATRICK SANFORD: Dolce was a pizza sandwich shop. It was next to her business where she worked. It was in a shopping center.
PATRICK SANFORD: They met first in a car and then they walked into Dolce and sat inside of the restaurant and talked.
MS. CAPPLEMAN: And we've heard about the efforts to record the meeting, as well as — was the clarification that McElveen did put on to the MoBeta video that came from the other recording device in the restaurant?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Okay. And have we also got, for demonstrative purposes, the transcript that will play along with this recording and audio?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: Judge, at this time I'd ask to move into evidence that composite Exhibit 111.
JUDGE EVERETT: Any objection to 111?
MS. CAPPLEMAN: Now, I do have two separate exhibits, your honor. I have 111 with a star, which is our demonstrative — we can call that 111-a or Demonstrative D, whatever is your honor's preference.
JUDGE EVERETT: Just make sure it's marked as demonstrative.
MS. CAPPLEMAN: Yes, sir. And then we've got 111, which does not have the transcript included.
JUDGE EVERETT: Right. Mr. Rashbaum?
MR. RASHBAUM: No objection, other than our prior objections.
JUDGE EVERETT: Very well. 111 will be admitted. At this time I will also give the instructions, if the state and defense desire, concerning these recordings as well.
MS. CAPPLEMAN: Yes, sir. This is about a 40 — 40 to 45 minute recording, so for your planning purposes we can do that and then break for the day, or whatever your honor wants.
JUDGE EVERETT: We'll break for the day then, after it's published for the jury. You are about to view a video recording. I'm going to instruct you that the subject shown or speaking before the recording starts and certain portions of the recording are inaudible. Like other recordings, you may determine this recording's context, or lack thereof, based on what you are able to hear.
JUDGE EVERETT: I'm going to give you a second instruction now concerning this same recording.
JUDGE EVERETT: You are about to hear recorded conversations.
JUDGE EVERETT: These recorded conversations are proper evidence, and you may consider them just as any other evidence. You are also being furnished transcripts of the recorded conversations.
JUDGE EVERETT: The recordings are the evidence, and the transcripts are provided to you only as a guide to help you follow as you listen to the recording. The transcripts are not evidence of what was actually said or who said it. If you notice any difference between what you hear on the recordings and what you read in the transcripts, you must rely on what you hear and not what you read.
MS. CAPPLEMAN: Thank you, your honor. Permission to publish?
JUDGE EVERETT: You may.
MS. CAPPLEMAN: This — is the recording that's more difficult to hear, so I would ask that all jurors use the headphones for this particular publication.
JUDGE EVERETT: Members of the jury, would all put on your headphones at this time if you have not been using them already.
MS. CAPPLEMAN: We need to adjust the volume.
MS. CAPPLEMAN: Maybe I'll play it and then go back. We'll restart it a couple times to make sure everybody's got it correct.
MS. CAPPLEMAN: Now — that we've got everybody's volume adjusted, we're going to start one more time.
MS. CAPPLEMAN: Go ahead, please.
AUDIO RECORDING: [playback of undercover video with Charlie Adelson and Katherine Magbanua at Dolce Vite]
JUDGE EVERETT: Does the State have any further examination of the witness before we rest for the evening?
MS. CAPPLEMAN: I'm comfortable resting for the evening.
JUDGE EVERETT: Members of the jury, I'm going to give you the same instruction that I give you every day, but it is important as we progress in this trial.
JUDGE EVERETT: Please do not discuss the case with each other or anyone else. Do not watch any news reports or seek out any information concerning the trial.
JUDGE EVERETT: We will start tomorrow once again at the normal time, at 8:45. Please report by 8:30. Have a good evening.
JUDGE EVERETT: We'll collect these the same way we would with the notepads, but the jurors will have access to them once again.
JUDGE EVERETT: Agent — Sanford, you will need to report tomorrow at 8:30 as well, for the continuation of the testimony. Do the parties have anything that they wish to raise with the court before we go into recess?
MS. CAPPLEMAN: No, your honor.
MR. RASHBAUM: No — your honor.
JUDGE EVERETT: Always a squeaky wheel.
JUDGE EVERETT: I'm teasing you, Mr. Rashbaum.
JUDGE EVERETT: We're in recess for the evening. We will get started again at 8:30 tomorrow. Have a good evening, everyone.