Patrick Sanford — Direct/Cross/Redirect
2,069 linesJUDGE EVERETT: Brief reminder so we don't have to address what took place yesterday.
JUDGE EVERETT: Please silence your phones or turn them off at this time.
JUDGE EVERETT: Also, do not engage in any behaviors that will be distracting to the jurors.
JUDGE EVERETT: Do the parties have anything to raise this morning?
MS. CAPPLEMAN: No, Your Honor.
MR. RASHBAUM: No, Your Honor.
JUDGE EVERETT: All right. Is Agent Sanford in the lobby?
MS. CAPPLEMAN: Yes, sir.
JUDGE EVERETT: Please bring him in and take a seat.
JUDGE EVERETT: Pictures being taken of the jurors — out of an abundance of caution, if you can aim your lens away from the jury box, that will probably take care of any concerns about them.
JUDGE EVERETT: Please bring the jury in.
JUDGE EVERETT: Everyone can be seated.
JUDGE EVERETT: Good morning, members of the jury.
JUDGE EVERETT: We are going to continue at this time with the examination of Agent Sanford by the State. Ms. Cappleman, you may continue when you're ready.
MS. CAPPLEMAN: Thank you, Your Honor.
MS. CAPPLEMAN: Okay. So where we left off was the Dolce Vita recording.
MS. CAPPLEMAN: There were several examples given in that recording by the defendant about rental cars.
MS. CAPPLEMAN: Why was that significant to the case?
PATRICK SANFORD: It was significant because Luis Rivera and Sigfredo Garcia rented two cars to come up here on two separate occasions and to come up here and commit the murder.
MS. CAPPLEMAN: And were those facts publicly released at the time that the Dolce Vita recording was made?
PATRICK SANFORD: No, they were not.
MS. CAPPLEMAN: Okay, so the fact that a Prius was the suspect vehicle in this case was not out?
PATRICK SANFORD: That was out. The fact that they had rented a car was not out publicly, but it was released that we were looking for a green Prius as the suspect vehicle.
MS. CAPPLEMAN: All right, and in particular, have you reviewed any text messages to show that this defendant was aware that we were looking for a Prius?
PATRICK SANFORD: Yes, that's correct.
MS. CAPPLEMAN: So he received some information to that effect at some point?
PATRICK SANFORD: That's correct, he did.
MS. CAPPLEMAN: All right, was that information received prior to the Dolce Vita recording?
PATRICK SANFORD: Yes, it was.
MS. CAPPLEMAN: All right, was there any mention in the Dolce Vita recording — there was a lot of talk about blackmailing — but any in the context of Katherine Magbanua being the blackmailer or having been the blackmailer over the past two years?
PATRICK SANFORD: I'm sorry, can you repeat the question?
MS. CAPPLEMAN: Does he say, "You're a blackmailer, you're an extorter"?
PATRICK SANFORD: No, he does not.
MS. CAPPLEMAN: "This is just like what you've been doing to me"?
PATRICK SANFORD: Right, he did not.
MS. CAPPLEMAN: All right, let's go to Demo B, please. Judge, I'd ask to publish Demo B at this point.
JUDGE EVERETT: You may.
MS. CAPPLEMAN: All right, so if you could kind of walk us through how what we've heard so far on the wire demonstrates the structure of the conspiracy.
PATRICK SANFORD: So it began with our — undercover bumping into Donna Adelson, provided her with the article with the amount of $5,000 and a phone number on it. Then Donna Adelson immediately calls Charlie Adelson, tells him it's the next girlfriend. Charlie Adelson then calls Katherine Magbanua.
MS. CAPPLEMAN: Okay.
PATRICK SANFORD: Then he goes and meets with Katherine.
MS. CAPPLEMAN: All right, and does it ever skip over Mr. Adelson? Does Donna ever call Katherine Magbanua, or the other way around?
PATRICK SANFORD: Never.
MS. CAPPLEMAN: Judge — at this time I'd ask to publish, uh, Call F on our exhibit.
JUDGE EVERETT: You can proceed.
[STAGE DIRECTION]: [audio recording of phone call between Charlie Adelson and Donna Adelson plays]
MS. CAPPLEMAN: All right, so here Mr. Adelson indicates he just had coffee with a friend. Who is the friend?
PATRICK SANFORD: Katherine Magbanua.
MS. CAPPLEMAN: Does he say the name Katherine Magbanua or Katie to his mother in this call?
PATRICK SANFORD: No, he doesn't.
MS. CAPPLEMAN: In fact, does he say the name Katie to his mother ever on the wire and all these calls we're going to hear?
PATRICK SANFORD: No, I don't believe so.
MS. CAPPLEMAN: He says he gave some relationship advice. Did you hear any relationship advice being given on the Dolce Vita recording?
PATRICK SANFORD: I didn't.
MS. CAPPLEMAN: All right. He tells her everything is fine. Did you hear on the Dolce Vita recording Mr. Adelson threatening to possibly kill somebody else?
PATRICK SANFORD: I did.
MS. CAPPLEMAN: Publish G, please. Before — you start it, we're still on April 20th, right? I guess we all have the sheet, but April 20th, G. Do you have your sheet?
JUDGE EVERETT: I do not.
MS. CAPPLEMAN: Okay, I'll get you. That was the exhibit, I believe.
JUDGE EVERETT: Yes, sir. April —
MS. CAPPLEMAN: — 20th, correct? Same day as the Dolce Vita recording?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: Day after the bump?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: Okay. Publish G, please.
[STAGE DIRECTION]: [audio recording of phone call between Charlie Adelson and Donna Adelson plays]
AUDIO RECORDING: I had a story about that. I had to schedule a special episode.
AUDIO RECORDING: So, yeah, yeah, yeah.
AUDIO RECORDING: Anyway, so that's — how you want it. Yeah, that's funny. You can't.
AUDIO RECORDING: What are they doing?
AUDIO RECORDING: Oh, yeah.
AUDIO RECORDING: Yeah, because I like to — I like to have a good night's sleep.
AUDIO RECORDING: Yeah. So, it works a lot, a lot good.
AUDIO RECORDING: But I'm totally not worried about it.
AUDIO RECORDING: Wait a second. I mean, just so you're always on that.
AUDIO RECORDING: Give me a break.
AUDIO RECORDING: Those three things just make it go on. You don't think so?
AUDIO RECORDING: Yeah, no. There's nothing bad in them.
AUDIO RECORDING: Okay, so you'll — be at the office. Uh, you'll be at our office all day tomorrow? Oh — really, it's up to the day. Well, then I'm very — proud to go from, like, for me to go without — ...time it takes me to go from my house to southeast — well, just east-west. That's the one. Yeah, it's the one from the other side of the pole.
AUDIO RECORDING: No, that's, yeah, it's with me.
AUDIO RECORDING: About the swings.
AUDIO RECORDING: The old grandma.
AUDIO RECORDING: I love you. Yeah, you probably do. I would worry about absolutely nothing.
AUDIO RECORDING: Really?
AUDIO RECORDING: Yeah. Well, if your theory is correct, then I don't know about you. Listen, I mean, you have to realize something. It doesn't do them no good.
AUDIO RECORDING: Yeah.
AUDIO RECORDING: At the end of the day, there's nothing. They're not going to gain anything just because you're in the same situation. It's not like you've ever threatened anybody or harmed anybody.
AUDIO RECORDING: No.
AUDIO RECORDING: The thing is this, is that they're not hiding who they are.
AUDIO RECORDING: Right. Not at all.
AUDIO RECORDING: Not at all.
AUDIO RECORDING: That's why it has another supposition.
AUDIO RECORDING: What is that? That's why my thoughts were different. Yeah.
AUDIO RECORDING: Not really hiding who they are.
AUDIO RECORDING: The whole thing is weird. I mean, the whole thing is very weird because it's the kind of thing that can easily be traced.
AUDIO RECORDING: They can easily, the — story of people is like up to 10, maybe, you know, 10 people.
AUDIO RECORDING: So, no, it's, I think it's something that can be developed, but it's not that bad.
AUDIO RECORDING: Okay. It could be a lot worse, but let me reference it to you like that. Yeah.
AUDIO RECORDING: So.
AUDIO RECORDING: All right, sweetie, bye.
AUDIO RECORDING: I will talk to you maybe tomorrow during the day or night.
[STAGE DIRECTION]: [recording playback ends]
MS. CAPPLEMAN: Alright. I would like to go to the next day, Call H. When is that call made?
PATRICK SANFORD: It's on 4/21 at 8:17 AM.
MS. CAPPLEMAN: Could we hear Call H, please?
[STAGE DIRECTION]: [audio recording plays of phone call between Sigfredo Garcia and Katherine Magbanua]
AUDIO RECORDING: I'm going to tell you something right now, and I'm going to make this very clear. I'm going to make something very clear because you're talking illiterate.
AUDIO RECORDING: I'm going to make something very clear, okay?
AUDIO RECORDING: Why? Because you don't know how to apologize because you were wrong, okay?
AUDIO RECORDING: This is the same thing that happened last time.
AUDIO RECORDING: Listen, I have a more pressing matter that I have to attend to, okay?
AUDIO RECORDING: I don't care if anybody else. Where is my security?
AUDIO RECORDING: When is that going to happen?
AUDIO RECORDING: And then, Katie, you go figure it out. You go figure it out. You figure out the case. You figure out life. Hey, Katie, Katie, Katie, you are so, Katie, you're doing this again. This is the same shit. I've been here. I've never felt happier.
AUDIO RECORDING: We were so happy. We were so in time. Then go.
AUDIO RECORDING: If that's what you need to do to make yourself happy, then I'm not going to hold you back.
AUDIO RECORDING: I'm going to go home and see Katie. Katie, listen, listen.
AUDIO RECORDING: It's just like, it's like, I should just go somewhere because it's like, you're getting to be sober.
AUDIO RECORDING: I'm not making that fucking phone call.
AUDIO RECORDING: Just, you know, Katie, Katie, yeah, I'm pretty sure somebody, somebody, your food, you know, makes it feel better. Just, Katie, listen, don't fucking, don't, listen, I just want you to fucking have fun of pussy between your legs and act like you have it. If you wanna fucking do what you wanna do, do it.
AUDIO RECORDING: I'm gonna take care of my fuck, I'm gonna take care of this fucking problem.
AUDIO RECORDING: I'm gonna take care of this fucking problem.
AUDIO RECORDING: The less you know, the better off the place.
AUDIO RECORDING: Stop, super bad, just stop talking on the phone, man.
AUDIO RECORDING: Bye.
[STAGE DIRECTION]: [audio playback ends]
MS. CAPPLEMAN: Who's the male voice on this phone call?
PATRICK SANFORD: That's Sigfredo Garcia, also known as Tuto.
MS. CAPPLEMAN: All right. Doesn't sound like everything is going too fine on that end, huh?
PATRICK SANFORD: No, not at all.
MS. CAPPLEMAN: All right. Play Call I, please.
[STAGE DIRECTION]: [audio recording plays of phone call between Sigfredo Garcia and Katherine Magbanua]
AUDIO RECORDING: Yeah. I don't remember if it was... I think, I think Justin paid... I think you have to pay for the balance of $65.70.
AUDIO RECORDING: Like, I think you remember that I wrote it down how much you're supposed to put.
AUDIO RECORDING: But I'm not sure. Is it $60.57 or $65.57?
AUDIO RECORDING: I'm trying to get a picture of the credit.
AUDIO RECORDING: I'm just telling you, I don't remember if it's either one of those numbers.
AUDIO RECORDING: Well, you're picking them up today, so you'll find out when you get it.
AUDIO RECORDING: The amount that I gave you on a piece of paper.
AUDIO RECORDING: I don't know if it's $50.57 or $65.70, so there's no credit card that I can use in this school, so it makes no sense.
AUDIO RECORDING: Got it?
[STAGE DIRECTION]: [audio recording ends]
MS. CAPPLEMAN: Okay, so what's the significance of $65.70?
PATRICK SANFORD: $65.70 is the last four digits of the undercover's telephone number that was on the piece of paper that was given to Donna Adelson.
MS. CAPPLEMAN: Right. So if Katherine Magbanua is using code to convey that number to Garcia, he's not getting it, at least at first, right?
PATRICK SANFORD: At first, he does not get anything. She's talking about a real number until the end of the call.
MS. CAPPLEMAN: All right. And the code that she's using is, "I need $65.70 for something to do with the kids' school," right?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Okay. And he, as we mentioned, doesn't get the code, so he's thinking she's really asking for that?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: Does he appear to have $65.70 for the kids' school?
PATRICK SANFORD: Apparently not.
MS. CAPPLEMAN: And 65-70 — that phone number that was on the piece of paper that was handed to Donna?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: Correct. And now Garcia's got it?
PATRICK SANFORD: Yes, correct.
MS. CAPPLEMAN: And how did that change hands?
PATRICK SANFORD: Apparently that night, after Charlie met with Katie at the restaurant, she must have gone home and talked to — because they lived together, so she went home and talked to Sigfredo at home.
MS. CAPPLEMAN: Okay, but on the wire, we don't have to guess, because we've got — we're handing it to Donna, right?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: We know Charlie's got it after that, right, because we hear him on Dolce giving it to Katie.
PATRICK SANFORD: Correct, he gives it to Katie at the restaurant.
MS. CAPPLEMAN: And we hear Katie, at least on this call, giving it to Garcia, yes?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: Okay. All right, let's go to the next call. Please, Call J.
[STAGE DIRECTION]: [audio recording plays of phone call between Charlie Adelson and Katherine Magbanua]
AUDIO RECORDING: Hey, what's up?
AUDIO RECORDING: One hour or something, I got it out.
AUDIO RECORDING: You're still coming home from your keyboard, right?
AUDIO RECORDING: What's that?
AUDIO RECORDING: You're still coming home from your keyboard. You can't buy a month, right?
AUDIO RECORDING: No, I haven't heard from you in a long time.
AUDIO RECORDING: No, no, no.
AUDIO RECORDING: I was going to say, first of all, you're alive here, right?
AUDIO RECORDING: You're still alive. I don't think that's what you're saying. You're alive. You're going to keep getting back to me.
AUDIO RECORDING: You said that I was going to be in the same house with you, and then I was going to ask you. I don't know if that's a good thing to do.
AUDIO RECORDING: Either the property, you know, how is the security going to be, some sort of lack of security, or...
AUDIO RECORDING: Find out, because usually when these properties come up...
AUDIO RECORDING: You can't do that. You can't do that. I don't think that's the case. I just realized there's, um, there was forces in correctly.
AUDIO RECORDING: When people buy it, people don't.
AUDIO RECORDING: Yeah.
AUDIO RECORDING: So, you know, you may go out of position there and you'll see who buys it.
AUDIO RECORDING: Yeah.
AUDIO RECORDING: You throw the chums out, and they're all going to go out.
AUDIO RECORDING: Yeah, instead of chum, a bunch of fish come, and they're going to jump on it. I mean, I kind of think that...
AUDIO RECORDING: Yeah. Yeah, Yeah, hang on one second, Danny. It's just so crazy. Like, it's giving me a lot more knowledge about everything.
AUDIO RECORDING: Real estate's a great, great profession. I mean, honestly, it's one of the great sides of women.
AUDIO RECORDING: I'm learning as I go. I mean, I'm speaking. Like, I go home and I'm just, uh, about things. And then, like, I try to ask advice to, you know, that comes from somebody else. It's kind of weird. Like, the case where, like, if somebody was offered this in the morning, I mean, like, you know, I start looking at the listings, because they're looking at, like, possible scenarios or locations and places we ask.
AUDIO RECORDING: And then, you know, I hope we don't have to leave.
AUDIO RECORDING: There's so much shock that the listing came up.
AUDIO RECORDING: Of course.
AUDIO RECORDING: Especially because I'm out.
AUDIO RECORDING: Well, it's that amount and that location. And it's, like, it's right now.
AUDIO RECORDING: It's hard.
AUDIO RECORDING: It's not in the mouth of, like, somebody who has to put out this, you know? Like, even with, like, million dollar houses or something.
AUDIO RECORDING: Yeah. Like, it would have been bad.
AUDIO RECORDING: Yeah.
AUDIO RECORDING: I just don't want any balls, like, you know, so it'll take time.
AUDIO RECORDING: But you don't think, uh, alarm bells?
AUDIO RECORDING: Like, if it was, if the person was very interested about it, and knew a lot about the property, then it would have been a story for the story. It would have been a done deal, and things would have been fine, and the whole event would have been over.
AUDIO RECORDING: But it's one or two scenarios, which we're trying to figure out right now.
AUDIO RECORDING: There's some still new ones, but we're trying to figure out how.
AUDIO RECORDING: That's the good thing is that that property came with the full listing.
AUDIO RECORDING: Yeah, with all the information. You get all of that stuff in MLS. You get all the information and the demographics and everything.
AUDIO RECORDING: But then again, you can have listings everywhere.
AUDIO RECORDING: Everything's applicable.
AUDIO RECORDING: Yeah, I mean, it's just—what's crazy is, like, I mean— Yeah.
AUDIO RECORDING: It was close to that.
AUDIO RECORDING: When we find out first, we'll go to the property and then we'll go from there.
AUDIO RECORDING: To be very honest with you, I'm not very interested.
AUDIO RECORDING: Yeah, no, but then it's like, we don't want to get stuck either in a situation where it's, like, it's a false advertisement.
AUDIO RECORDING: It could be one or two things, and this is what happens with stuff like that, and beforehand— it— becomes, you get the wall, they move in, and the next thing you know, they're paying you. It's a big headache.
AUDIO RECORDING: Yeah, see? Sometimes somebody's trying to keep increasing the amount.
AUDIO RECORDING: Exactly. And then what happens is they tell you, I want to pay this for the rental property, or I want— That's not the case, that's the problem. If that's not the case for the client, then, you know, that's what I'm saying. There's always false leads.
AUDIO RECORDING: There's more than that. That, like, oh, that's probably the—yeah, well, no, okay. I don't really need it. I don't think you can always do that for nothing.
AUDIO RECORDING: Well, I think it's one of the two better questions—one, you know, false leads, so it's more, get the wrong tenant in there.
AUDIO RECORDING: Let's say even they move out, let's say they take a little vacation, next thing you know, you don't know if you're not at the property all the time, and their little cousin— moves in, and it's like, hey, guess who I am, and the next thing you know, his friend shows up and says, hey, this is— me constantly knocking at your door.
AUDIO RECORDING: They will be like—they will be like, well— hopefully that's not—that's not the case. That's why I need to get everything cleared up first. That's why I do all the background checks and everything, make sure everything really goes well before I even go forth with trying to lift this up. They're all going to be going around and around and nothing. Honestly, that's why these things also— you know, if you say you're going to pay rent, you pay rent. If you say, I'm going to buy this building for $50,000 or whatever, or a million dollars, or let's say you're going to buy a building for $10 million— if you're buying a building for $10 million, you don't show up to close it. You can go, hey, I decided I'm going to give you one.
AUDIO RECORDING: And that's it.
AUDIO RECORDING: You don't want a deal to find out, um, if—if this was a good news and then not find out more.
AUDIO RECORDING: You gotta— you gotta look at the pocket real estate, because you're in real estate. But just be careful, because I'm telling you, they— got nothing but excuses.
AUDIO RECORDING: Go back to 16.
AUDIO RECORDING: 16.10.
AUDIO RECORDING: We fuck you over every chance they get.
AUDIO RECORDING: I think everybody had a very long property. Everybody that got a bad letter.
AUDIO RECORDING: Oh, these are the ones that did?
AUDIO RECORDING: That letter that had a very long property.
AUDIO RECORDING: Yeah, but the competition was very big.
AUDIO RECORDING: Competition is fierce. I mean, you're hot.
AUDIO RECORDING: Exactly.
AUDIO RECORDING: How did you come in?
AUDIO RECORDING: Bank.
[STAGE DIRECTION]: [audio playback ends]
MS. CAPPLEMAN: In this call, could we publish demo A, please?
MS. CAPPLEMAN: At the beginning portion that we listened to, there's a discussion about a trip. Is she asking him to buy her a trip, or is he offering to buy her a trip?
PATRICK SANFORD: It appears that he was offering to buy her a trip.
MS. CAPPLEMAN: And what does she say about that? Doesn't have to be a quote.
PATRICK SANFORD: She basically says that's not what she was talking about, that it's that it's not a good idea. Uh, not a good investment.
MS. CAPPLEMAN: Right, not a good investment. Someone told her it wasn't a good investment to do that. So maybe not a great time for him to be buying her anything?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: Okay. Um, she says that he is going to look into a couple properties. Does she ever say the name Sigfredo Garcia to Charlie Adelson?
MR. RASHBAUM: Judge, objection. Leading.
JUDGE EVERETT: Approach.
JUDGE EVERETT: You may continue.
MS. CAPPLEMAN: Was the name Sigfredo Garcia said by Katherine Magbanua?
PATRICK SANFORD: No.
MS. CAPPLEMAN: And did Katherine Magbanua, on the wire, talk to anyone else about the situation other than this defendant and Sigfredo Garcia?
PATRICK SANFORD: No, she didn't.
MS. CAPPLEMAN: All right. When she talks about, oh— I wanted to ask you about the lending money to buy a house. Does Katherine Magbanua demand money to assist her in buying a house, or does Charlie Adelson offer the money?
PATRICK SANFORD: Charlie offered her the money.
MS. CAPPLEMAN: We've heard testimony, which is depicted in this demonstrative exhibit, that "tenant" was code for "blackmailer."
MS. CAPPLEMAN: Okay. In this call, if "tenant" is code for "blackmailer," which one of the parties is explaining the potential problems with paying a blackmailer?
PATRICK SANFORD: It's Charlie Adelson.
MS. CAPPLEMAN: And he's explaining to her that the blackmailer may continue to come back, or multiply, or raise the rent, as it were?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Okay, let's move on to the next call. Please call K.
[STAGE DIRECTION]: [audio recording plays of phone call between Charlie Adelson and Donna Adelson]
AUDIO RECORDING: And then, you know, give them a heads up, and then maybe he'll come up and go out for a bite with you.
AUDIO RECORDING: Yeah, but I don't know if he's out teaching for that.
AUDIO RECORDING: Oh, yeah. But you don't know what time you're going to get out from this? Uh, it's going to be too late. I mean, I think if that comes over at 8, that'll be fine.
AUDIO RECORDING: Well, that's perfect, actually. Because then he's taking, um, maybe some of the late, like, Nassim's classes and Smith's classes. It's her birthday today's teacher. Right. So they can have a lunch and—check the dinner.
[STAGE DIRECTION]: [audio playback ends]
MS. CAPPLEMAN: And then we'll go straight into call L next.
[STAGE DIRECTION]: [audio recording of phone call between Charlie Adelson and Harvey Adelson]
AUDIO RECORDING: Yeah. Molly.
AUDIO RECORDING: Sorry, is Mom— coming today?
AUDIO RECORDING: No, no, she's with the boys.
AUDIO RECORDING: Ben's teacher there. Everybody wants to take her out for her birthday, so she's going over to the Red Chanter. So Mom's over with...
AUDIO RECORDING: All right, yeah, but I'm going to leave before 7:30. The traffic is so bad. You know where it is, right? Yeah, it's on Burnville. I just put it on Waze. It'll take me 25 minutes to get there.
[STAGE DIRECTION]: [audio recording ends]
MS. CAPPLEMAN: Did a meeting occur at Matsuri Restaurant?
PATRICK SANFORD: Yes, it did.
MS. CAPPLEMAN: Who was present at the meeting?
PATRICK SANFORD: Charlie Adelson and Harvey Adelson.
MS. CAPPLEMAN: And was that the meeting that was at least attempted to be intercepted by Special Agent Kendall?
PATRICK SANFORD: Yes, it was.
MS. CAPPLEMAN: At the sushi bar?
PATRICK SANFORD: It was, and also outside too.
MS. CAPPLEMAN: Okay. And did, um, some of the conversation at the sushi bar get captured on Agent Kendall's recording device?
PATRICK SANFORD: It did.
MS. CAPPLEMAN: And was that... the audio — the audio portion of that — clarified by the expert that we heard from yesterday, McElveen?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: And did you compile or review this thumb drive, State's Exhibit 114, that contains the video as well as the enhanced audio that McElveen worked on?
PATRICK SANFORD: Yes, I did.
MS. CAPPLEMAN: All right. Judge, at this time, I'd ask to introduce State 114 into evidence.
JUDGE EVERETT: Any objection?
MR. RASHBAUM: Just our previous objection, Your Honor.
MR. RASHBAUM: And may I have one moment?
JUDGE EVERETT: Go ahead.
JUDGE EVERETT: 114 will be admitted, noting a prior objection.
MS. CAPPLEMAN: Thank you, Your Honor. Permission to publish?
JUDGE EVERETT: You may.
MS. CAPPLEMAN: This will take us just a moment to switch gears here.
MS. CAPPLEMAN: Could you start it over?
MS. CAPPLEMAN: Could you start it over? I appreciate you adjusting the volume, but let's just try again.
[STAGE DIRECTION]: [video playback of Matsuri undercover video]
MS. CAPPLEMAN: In terms of an undercover operation, what does the term mean, to get made?
PATRICK SANFORD: To get made means that they figure out that the undercover is a police officer.
MS. CAPPLEMAN: After the clip that we just watched, is there any more relevant discussion to our investigation during their meal?
PATRICK SANFORD: No.
MS. CAPPLEMAN: On our sheet, we've got the next event, I think, being the bump letter. Can you explain what that is?
PATRICK SANFORD: Um, we decided, uh, nobody was calling the number. Nobody was calling the undercover. So we decided to send a letter to the Adelson residence purporting to be from the — from the extortion person, the undercover agent.
MS. CAPPLEMAN: And chronologically, is this when the letter would have been sent or mailed?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: On the sheet — I'm sorry — April 23rd?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: Okay. I'll show you what I've marked as State 79.
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: What is it?
PATRICK SANFORD: This is the letter that was mailed to the Adelson residence.
MS. CAPPLEMAN: All right. The ICON?
PATRICK SANFORD: ICON.
MS. CAPPLEMAN: Judge, at this time, I'd ask to introduce State 79.
JUDGE EVERETT: Any objection?
MR. RASHBAUM: No objection, Your Honor.
JUDGE EVERETT: State 79 is admitted.
MS. CAPPLEMAN: Can we publish that one?
MS. CAPPLEMAN: As far as where the letter was mailed, is this a photo of the actual envelope?
PATRICK SANFORD: Correct.
AUDIO RECORDING: Can you read that?
AUDIO RECORDING: "My phone is not ringing, so you don't care about Toto and what he did for you. He knows he is fucked, and soon so will you."
MS. CAPPLEMAN: I want to skip ahead to April 25th and draw your attention to call M.
MS. CAPPLEMAN: Up to this point, call M, has anyone called the undercover number yet?
PATRICK SANFORD: No.
MS. CAPPLEMAN: All right. Publish call M, please.
MS. CAPPLEMAN: One moment, Your Honor.
MS. CAPPLEMAN: It takes a second to pause.
MR. RASHBAUM: Thank you. You're good. Thank you.
AUDIO RECORDING: Okay.
[STAGE DIRECTION]: [audio recording plays of phone call between Charlie Adelson and Katherine Magbanua]
AUDIO RECORDING: Yeah. Hey, you on your way?
AUDIO RECORDING: Yeah.
AUDIO RECORDING: Okay, cool. At the ICON, which is when you come over at 395, it's right there in the, you know, which is where the building ICON is, right? That's all the way in South Beach, right?
AUDIO RECORDING: Yeah.
AUDIO RECORDING: ...standing outside. I was... talking to my parents about my day.
AUDIO RECORDING: Just come down here.
AUDIO RECORDING: Yeah.
AUDIO RECORDING: I just want you to come.
AUDIO RECORDING: The ICON is on the car.
AUDIO RECORDING: I can get my car and start trying to find you, but then we've got to drive and park. I didn't know what that is like.
AUDIO RECORDING: Still keep heading south.
AUDIO RECORDING: 80 seconds.
AUDIO RECORDING: I'll start heading north.
AUDIO RECORDING: Sometimes.
AUDIO RECORDING: I don't. Let me see if my phone is on vibrate.
[STAGE DIRECTION]: [audio recording playback ends]
MS. CAPPLEMAN: All right, so it sounds like... sorry.
MS. CAPPLEMAN: I'm sorry, start again. I will.
MS. CAPPLEMAN: Sounds like they're planning a meeting. Did a meeting occur after this phone call?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: And was that a meeting that you were able to record through some means with undercover agents?
PATRICK SANFORD: No.
MS. CAPPLEMAN: Why not?
PATRICK SANFORD: Because we didn't know about the meeting until this phone call happened, and we realized they were already on the way and we couldn't get down there in time.
MS. CAPPLEMAN: Okay. And didn't know the location — it's a moving target, right?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: I think we can skip, and I want to go to the next day, April 26, 2016, and...
MS. CAPPLEMAN: Play Call O, please.
MS. CAPPLEMAN: Is the next item we have on here a text message?
PATRICK SANFORD: Yes, correct.
MS. CAPPLEMAN: And how is it you're able to get text messaging on the wire?
PATRICK SANFORD: From the wire, we also get not only audio calls, but we also get text messages if they're sent through regular text messaging through the carrier.
MS. CAPPLEMAN: What if it's sent through WhatsApp or some other type of application?
PATRICK SANFORD: We do not get that.
MS. CAPPLEMAN: All right, so this next text was sent through regular iPhone message?
PATRICK SANFORD: I believe it was regular text message.
MS. CAPPLEMAN: Okay. Could we look at P, please?
MS. CAPPLEMAN: Okay, don't worry about signing in. Okay.
MS. CAPPLEMAN: All right, so this is from who to who? From who to whom? From whom to who? I'll get emails about that.
PATRICK SANFORD: It's from Katherine to Vanilla, to Sigfredo Garcia.
MS. CAPPLEMAN: All right. And then Q, please. Does he say who the homie is?
PATRICK SANFORD: This is from Sigfredo and he does not say who the homie is.
MS. CAPPLEMAN: I'm gonna go to call R next. Publish call R please.
[STAGE DIRECTION]: [audio playback of phone call between Charlie Adelson and Donna Adelson]
AUDIO RECORDING: Good morning.
AUDIO RECORDING: Anymore. Yeah.
AUDIO RECORDING: Good. How are you doing?
AUDIO RECORDING: Good. What's going on?
AUDIO RECORDING: Um, not a whole lot.
AUDIO RECORDING: Some things in the house. I was thinking of getting the hours, so I'm working on everybody's salaries tomorrow. I've done that. At least it's good. It's actually all right. Good. You've got a better outlook over your life, right?
AUDIO RECORDING: It makes sense.
AUDIO RECORDING: I know. I know.
AUDIO RECORDING: I know that's what it is. No, that's what it is. And you think today...
AUDIO RECORDING: Once they are, would you let me know? Yeah. No, no, no.
AUDIO RECORDING: Well, it's a work on the employment today.
AUDIO RECORDING: Right. It's not like it's 9 a.m. and it's like, I gotta call this call.
AUDIO RECORDING: I gotta call the patient. But can I tell you something more? I think about it too. Someone writes "you don't care" — that sounds like a girl.
AUDIO RECORDING: That's exactly how they sound to you.
AUDIO RECORDING: I'm a better person.
AUDIO RECORDING: No. Have you ever gotten a note from a girl, or is there a girl saying to you, "you don't care"? That's the first thing we say. That's the first thing we say — "you don't care." Well, guess what? I don't care about anyone I've never met.
AUDIO RECORDING: Yeah, that's true.
AUDIO RECORDING: So that's what it was, and that's why you had a mediation where someone comes in and they're like, "oh, that explains it all."
AUDIO RECORDING: I think so, too.
[STAGE DIRECTION]: [audio recording playback ends]
MS. CAPPLEMAN: So discussion of "you don't care" — was that language that was used in the letter that was sent to the Adelsons?
PATRICK SANFORD: It was.
MS. CAPPLEMAN: On to Call S, please.
[STAGE DIRECTION]: [audio recording of phone call between Charlie Adelson and Donna Adelson plays]
AUDIO RECORDING: Did you ever check that someone had a baby last night?
AUDIO RECORDING: Yeah, everything's fine with you, Pat. How's the day off?
AUDIO RECORDING: Yeah, I did not see him, well, actually. He didn't have a bed until 5:30.
AUDIO RECORDING: So instead of 5:30, I got up at 6:30 and he took a look at me and told... the girls that he was sick.
AUDIO RECORDING: His patients are all being seen Wednesdays, Thursdays, and Thursdays. Hang on one second. Hang on one second. Sure.
AUDIO RECORDING: Okay, can you take an x-ray for me?
AUDIO RECORDING: Okay, I'll be there in one minute.
AUDIO RECORDING: Sorry. Did you tell us what I told you, Esther? I mean, it's not a hundred percent.
AUDIO RECORDING: I mean, does he agree?
AUDIO RECORDING: Does he agree with what I said? I mean, it's not...
AUDIO RECORDING: It sounds like it would be fine. I know what you worry about is when you don't know. It sounds like this company usually fixes those bridges pretty quickly.
AUDIO RECORDING: ...don't know who the person is, a much bigger problem. If you know who it is and... you always — I mean, you guys are notorious for always getting worked up.
AUDIO RECORDING: As long as I've known you, it's always been everything...
AUDIO RECORDING: You can deal with. I'll get worked up about everything.
AUDIO RECORDING: And you're saying, like, this is no different, but I'm just telling you, like, it's not — it's not anything more than the nonsense.
AUDIO RECORDING: You know, I mean — I mean, it's, you know, I mean, you're saying, like, you could use the water to cut everything.
AUDIO RECORDING: You didn't do anything wrong.
AUDIO RECORDING: You didn't do anything to anybody.
AUDIO RECORDING: Somebody is fishing.
AUDIO RECORDING: You got some fish. They know, too, that you don't have nothing to do with it.
AUDIO RECORDING: It's not like, you know, it's like me going to my next-door neighbor and saying, "Hey, I know you're whatever." Like, okay, they look at me like I have three heads, you know? I mean, that's pretty much the, you know, pretty much the impression that — and that's the appropriate impression — is someone talks to you about something you don't know what they're talking about, you go, "I don't know what you're talking about."
AUDIO RECORDING: So, if somebody asks someone who's talked to you, and you go, you don't know what they're talking about, like, basically, you get lost, and that's the truth. You don't know — you don't know what you don't know, and if you don't know something, you — you don't know something like this.
AUDIO RECORDING: There's not much you can do to help that person out, unfortunately.
AUDIO RECORDING: But it's not like you're trying to help them. You don't know somebody, you don't know somebody.
AUDIO RECORDING: It's something you talk to me about — someone who I don't know. I just said, "Here, I don't know who you're talking about," and I don't know...
AUDIO RECORDING: I mean, it's what you're saying, but you get worked up.
AUDIO RECORDING: It's not something like that.
AUDIO RECORDING: You're getting a little better in time, but in this thing, it's old.
AUDIO RECORDING: I know what it's like.
AUDIO RECORDING: It's not good.
AUDIO RECORDING: Well, I know, but...
AUDIO RECORDING: It's interesting.
AUDIO RECORDING: I totally understand.
AUDIO RECORDING: You probably watch too many movies.
AUDIO RECORDING: It's not like, "Oh, yeah, we'll get one of them and then the other one we'll just start painting."
AUDIO RECORDING: It's the stupidest thing I've ever heard. It doesn't work like that.
AUDIO RECORDING: You told me all this history. I know. And I got it. I think we did a better job.
AUDIO RECORDING: Well, that's great. But I'm just saying, it's not like there's nothing here. There's nothing.
AUDIO RECORDING: No. I mean, there really is. I mean, listen, someone wants a positive non-sensitive breath. I mean, it's not uncommon.
AUDIO RECORDING: And when you get non-sensitive breaths, I mean, they don't give you a number.
AUDIO RECORDING: You know, it's billions of years. I mean, except in electronics, the other thing is this — is that, I'll let you on a secret.
AUDIO RECORDING: Does someone here know what they work like?
AUDIO RECORDING: Well, you know, they can give us a $5 copy.
AUDIO RECORDING: Everybody else on South Carolina would be just walking in.
AUDIO RECORDING: No.
AUDIO RECORDING: You're not out of something.
AUDIO RECORDING: No, no, no — definitely, definitely. Someone has a moment to go: it's either a complete and complete doctrine, which it is, but somebody has — someone who can go in there and test.
AUDIO RECORDING: That's basically what he did, you know. All right, I'll go there and I'll tell them something.
AUDIO RECORDING: And that's why he was dumped in the dumps; otherwise he would not be in a good community. I mean, you didn't do anything to anybody. You didn't do anything to go into people's treads and rivers.
AUDIO RECORDING: Because something's going to always happen. I mean, like, even the best-laid plans — the best-laid plan you could have is an off-duty officer just — just happen to come around the corner. It just happens. Something happens to happen. You know, or somebody goes to do something, and as she returns, they carry their name.
AUDIO RECORDING: You know, they're laying on the floor with a torn ACL.
AUDIO RECORDING: Like, there's a lot of risk when somebody does something. And then you want them to do that. What's the reason? There is a reason. That's why there's nothing that, you know, there's nothing that you have to worry about. It is being looked into.
AUDIO RECORDING: Yeah, that's what I mean. I mean, but it's not — it's not like, you know — you trust me. I mean, you got, you know, you'll probably get a heart attack from things before that happens to you.
AUDIO RECORDING: So, I mean, I'm just saying, like, that's probably more likely.
AUDIO RECORDING: So, I'm just letting you know, but I can't, like — no, I don't, no, no, no, I don't believe you, I don't want you to. I won't, I'll only let you know if it's something very important to you. I know, but I'm just saying, it's... And I thought that was important enough that I needed to see people too.
AUDIO RECORDING: Yes, I spent my whole fucking night down there. And believe me, I know, I know.
AUDIO RECORDING: I just... I don't, I want you to go home with me from Tuesday, so please just...
AUDIO RECORDING: Okay, no, I was really planning on going down there and talking to you again. I'm just saying, like...
AUDIO RECORDING: Okay. And I can tell you this. Great, that's great.
AUDIO RECORDING: When the first thing somebody says is, "You don't care."
AUDIO RECORDING: That, you know, the girls, like... I didn't, honestly, I didn't remember what it was. The first thing he said was, "You don't care." Okay. "You obviously do not care about her."
AUDIO RECORDING: That means that the girl is fishing.
AUDIO RECORDING: That's it.
AUDIO RECORDING: People don't write letters. People don't write letters. People don't show their faces. People don't give you cell phone numbers. Like, it's not done like that. It's somebody who's messing around.
AUDIO RECORDING: There's some people.
AUDIO RECORDING: I got you. I got you. I'm just saying, you have to understand, if somebody is going to do something, nobody will show their face.
AUDIO RECORDING: Nobody will give you a cell phone number. Nobody will wipe something off.
AUDIO RECORDING: You know what I'm saying?
AUDIO RECORDING: Each one of those is a huge mistake into itself.
AUDIO RECORDING: If somebody does something, gives you a visit, you won't be able to identify their face and you'll be given 40 hours.
AUDIO RECORDING: Back to this.
AUDIO RECORDING: Not someone's place. Not I didn't tell you to open that. Not. There's no need or defile.
MS. CAPPLEMAN: Next, I'd like to play Call T, please.
AUDIO RECORDING: Hey.
AUDIO RECORDING: Well, you know, I don't know what the fuck, but for some reason, I thought you were, like, telling me something about first line, but I, like, I'm at a new spot with a number. And I'm calling both numbers, but nobody picked me up, so I need to figure out if I can set up, you know, the realtors for the property.
AUDIO RECORDING: Oh, it sounds like a really good client, if they're gonna rent for it. I actually have the number at home.
AUDIO RECORDING: Okay, I have like, I need it, like that.
AUDIO RECORDING: Well, I can... I tried to remember it and I just couldn't. I haven't called with so many people today, right?
AUDIO RECORDING: I'm going to be home in probably two hours.
AUDIO RECORDING: They haven't listed other properties yet.
AUDIO RECORDING: There's no way at all you can get the numbers done?
AUDIO RECORDING: Let me see if I can get the number. I got the number at home, I guess. Yes, but let me see if the number may be from other place, okay?
MS. CAPPLEMAN: Call you, please.
AUDIO RECORDING: This one's going to be you.
AUDIO RECORDING: Hey, can you hear me?
AUDIO RECORDING: Okay, do you remember the number that was written on that paper the other day? Because I have it at home.
AUDIO RECORDING: Okay, I got the paper at my house. You didn't write the number down anywhere?
AUDIO RECORDING: No, I gave you the number.
AUDIO RECORDING: I never thought you were going to write the number down. I did. I asked if they're calling me now for the number or not, you know, another few hours.
MS. CAPPLEMAN: Call V.
AUDIO RECORDING: No.
AUDIO RECORDING: So we put you on the machine to, like, set up, like, what they're doing. So we try to get the Easter fish for sure, and that's why.
AUDIO RECORDING: That's why I was like, hey, hey, write the number down. I know, but it's like, I'm so good at, like, memorizing shit, you know? Like, I do this all day.
AUDIO RECORDING: Like, I have, like, like a thousand numbers on my phone now. And now when somebody calls me back, I don't remember who it is, but I'm going to speak every person's number, you know, and I don't have a landline in my job. I have to use my cell phone. That's why you've got to put in your contact list.
AUDIO RECORDING: No, I can't do that. I've been telling you breakfast people calling my phone. You're just like, I don't want to, like, do this one day, you want to see me, talk to me, and then you say, oh, no, it's okay, because you're with somebody else.
AUDIO RECORDING: I'm in my English right now.
AUDIO RECORDING: And are you telling her I'm in breakfast?
AUDIO RECORDING: By age, I'm up here and I'm going to have a breakfast.
AUDIO RECORDING: The only reason I'm in breakfast is to sleep.
AUDIO RECORDING: I'm done.
AUDIO RECORDING: Okay, guys, I came from the other office.
AUDIO RECORDING: Okay, beautiful. Thank you.
AUDIO RECORDING: I can get the number.
MS. CAPPLEMAN: Call W, please.
AUDIO RECORDING: Hello?
AUDIO RECORDING: How are you doing?
AUDIO RECORDING: I think I remember one of the properties that you call, you know, because I have to set it up. Yeah, I tried to read from the list, you guys. Each time.
AUDIO RECORDING: Okay, it's, I believe it's 305.
AUDIO RECORDING: Okay.
AUDIO RECORDING: 75.
AUDIO RECORDING: Okay.
AUDIO RECORDING: 55.7.
AUDIO RECORDING: 55.7?
AUDIO RECORDING: Because I know it's a high, I had like two numbers. I know, you got that in the list, yeah. I get it, I get it. So the listing for the place is?
MS. CAPPLEMAN: Was the number being relayed in this call? We just heard the correct number for the undercover.
PATRICK SANFORD: Yes, it was.
MS. CAPPLEMAN: As of this point, has anybody called the undercover yet?
PATRICK SANFORD: No, still have not called them.
MS. CAPPLEMAN: All right, let's go to the next day, April 27th, 2016, and publish Call X, please.
AUDIO RECORDING: You spoke to me about this, right?
AUDIO RECORDING: No. She picked up the phone.
AUDIO RECORDING: She's not with me?
AUDIO RECORDING: What then? She's not with me?
AUDIO RECORDING: I thought that was like...
AUDIO RECORDING: I was going to...
AUDIO RECORDING: I made it clear.
AUDIO RECORDING: If you— did want to go...
AUDIO RECORDING: How— many kids did you have?
AUDIO RECORDING: How many people did you work with?
AUDIO RECORDING: How young did you take?
AUDIO RECORDING: How many kids did you have? 80 something.
AUDIO RECORDING: How many positions do you have?
AUDIO RECORDING: But anyway, what?
AUDIO RECORDING: 80.
AUDIO RECORDING: If you find Jesus, and when you find him, you tell me.
AUDIO RECORDING: Hello is, and then it's Drake.
AUDIO RECORDING: And then it's your number— three?
AUDIO RECORDING: You could think T.I.
AUDIO RECORDING: T.I.
AUDIO RECORDING: Google this.
AUDIO RECORDING: Beyonce, 7-E, Google, now.
AUDIO RECORDING: You got home calls in your bag?
AUDIO RECORDING: No, I can't use the phone this time.
MS. CAPPLEMAN: Does it feel like a lot of tension or an aggressive relationship between these two on this call?
PATRICK SANFORD: No, not at all.
MS. CAPPLEMAN: The gift card that could be used at any hotel — was Ms. Magbanua demanding that from Mr. Adelson, or was he volunteering it?
PATRICK SANFORD: No, he volunteered it.
MS. CAPPLEMAN: And when he says, "Mama needs a vacation with Daddy," is there any evidence that indicates that Mr. Adelson was planning to go on this trip with Katherine Magbanua?
PATRICK SANFORD: No.
MS. CAPPLEMAN: What was the status of their relationship at this point, if you know?
PATRICK SANFORD: Um, they were not dating anymore. They were just friends, because she was currently living with Sigfredo Garcia.
MS. CAPPLEMAN: Publish— Call Y, please. Actually, I think we can skip Y. Let's go to the next day, April 28, 2016. Do we have another bump on that day?
PATRICK SANFORD: Yes, we do.
MS. CAPPLEMAN: Could you tell us about that one, please?
PATRICK SANFORD: I'm— still no one had called the undercover back, called him at all. So we had the undercover agent call the Adelson Institute and asked for Donna Adelson.
MS. CAPPLEMAN: All right. Judge, that call is contained on State's Exhibit 107, which is in evidence. Permission to publish that call at this time.
JUDGE EVERETT: You may.
AUDIO RECORDING: Good—morning, thank you for calling— Jess. Good morning. Uh, may I speak to Donna, Mrs. Donna Adelson, too?
AUDIO RECORDING: Sammy.
AUDIO RECORDING: Sammy from It— was— The paperwork regarding... she knows about some important paperwork.
AUDIO RECORDING: Do you have another phone number you can be reached?
AUDIO RECORDING: 305— 712-6570.
AUDIO RECORDING: She's not available right now, but I can maybe give you a call back.
AUDIO RECORDING: Okay. She's telling us it's very important. We need to find out immediately what she thinks about the paperwork. Okay.
AUDIO RECORDING: I'm out the last week. Yes, thank you so much. All right. Have a good day. All right.
MS. CAPPLEMAN: All right, if you'll switch back to the other exhibit, we can publish call Z next.
AUDIO RECORDING: My name is Charlie. Hey, how are you?
AUDIO RECORDING: Hey, I'm in an office. No, no, no.
AUDIO RECORDING: Well, Erica called me this morning, and her dad was on the road. So Erica called me, and she said she didn't want to involve me with this. She said her dad was called a lot, but somebody called this morning, and he said his name was Sammy, and he said he's been very important to you for the last few weeks, and he hasn't heard from you, and they want you to call them back, and here's their number.
AUDIO RECORDING: You know, once they verify the number, they can send you the correct number that they're not going to call the number. I said, could you not be too busy? They'll call just 5-6-7 before you call the number, and then they won't know the number you're calling from. I said, oh, okay, I'll write that down.
AUDIO RECORDING: What's your suggestion?
AUDIO RECORDING: The odd thing is this — that's the same number you gave me, right?
AUDIO RECORDING: I don't know. No, because I gave you the number, I never texted, you texted.
AUDIO RECORDING: Tell me what the number was.
AUDIO RECORDING: 305-712-6570.
AUDIO RECORDING: 6570.
AUDIO RECORDING: No, the odd thing is, yes, that's the same number, and it was called. Did someone— call today?
AUDIO RECORDING: Nicole, the office in Erica called me. She said, "I hope I'm not bothering you, it's probably a sales call." Yeah, I mean, it's what— you want, and it's one thing or the other. I know, and the odd thing is, let— me call somebody, because you know who it is. So let me call someone and take care of it now, okay?
AUDIO RECORDING: Thank you, Sharon.
MS. CAPPLEMAN: What happens immediately after this phone call?
PATRICK SANFORD: I— I believe he calls Katherine Magbanua, if I'm not mistaken.
MS. CAPPLEMAN: All right. I'm sorry — a lady calls?
PATRICK SANFORD: I believe he calls Katherine Magbanua, if I'm not mistaken.
MS. CAPPLEMAN: All right. And does that call go to voicemail?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: And was a voicemail message left?
PATRICK SANFORD: I don't believe it was.
MS. CAPPLEMAN: Okay. And then did he call back and call A.A.?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: All right. And that one goes to voicemail as well?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: Okay, publish A.A., please.
AUDIO RECORDING: You—have reached the voicemail box of 786-564-1312.
MS. CAPPLEMAN: All right. And after — so we've got two calls to Katherine Magbanua, one where he leaves a voice message.
MS. CAPPLEMAN: Are there two more unanswered calls sort of in rapid succession with that?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: All right. And then we go to B.B., is that right?
PATRICK SANFORD: That's correct, I believe.
MS. CAPPLEMAN: Is this where she returns the call?
PATRICK SANFORD: Yes, she returns the call.
MS. CAPPLEMAN: Okay, publish B.B., please.
JUDGE EVERETT: Please. Ready for a morning break — is a good time for me, just let me know.
JUDGE EVERETT: Members of the jury — well, before you publish, members of the jury, does anyone need a break? Please raise your hands.
JUDGE EVERETT: Very well, we'll take it now.
JUDGE EVERETT: We'll have a ten-minute break.
JUDGE EVERETT: Please — bring in the jurors.
JUDGE EVERETT: Everyone can be seated.
JUDGE EVERETT: You may continue with publishing the next call.
MS. CAPPLEMAN: Thank you, Judge. The next call is B.B.
AUDIO RECORDING: What happened?
AUDIO RECORDING: Um, somebody called me—today, looking for them.
AUDIO RECORDING: Bang.
AUDIO RECORDING: That's a — some paperwork.
AUDIO RECORDING: She's like, you know, normally I wouldn't call you up, but I don't string phone calls.
AUDIO RECORDING: Uh-huh.
AUDIO RECORDING: Where's the phone number that they're calling from, though?
AUDIO RECORDING: I said, yeah, I didn't understand it, saying that I left some paperwork, and I left a number on there.
AUDIO RECORDING: Oh, somebody's, like, fucking pulling your bones and shit.
AUDIO RECORDING: Well, this is the third— Call the number. Call the number. They don't want to follow my fucking phone.
AUDIO RECORDING: If someone wants to be called back, let's put it that way.
AUDIO RECORDING: Do you still have the number?
AUDIO RECORDING: Yeah, well, obviously.
AUDIO RECORDING: It's like, get that number, then offer your — offer the thing, offer the number, um — caller ID.
AUDIO RECORDING: At the office?
AUDIO RECORDING: Yeah.
AUDIO RECORDING: This is like a fucking bullshit game.
AUDIO RECORDING: They're not coming out on foot, they're not writing letters, and they're not calling the office.
AUDIO RECORDING: They could say nothing better than this.
AUDIO RECORDING: I don't want to tell you, because I called that number myself.
AUDIO RECORDING: Okay, well, let's call that number again.
AUDIO RECORDING: And nobody picks up. And you just find another number and let the message.
AUDIO RECORDING: Okay, well I'm trying to get whoever's directing you guys out and trying to help you guys out, but it's like, if they don't pick up, then what the fuck? I understand that they fucking called this morning — three—times, at three—o'clock — exactly.
AUDIO RECORDING: I'm sorry, I'll wait a minute. It's like, somebody's pulling your phone, somebody's harassing you, or somebody's trying to get something out of you. I— I know who the fuck it is, because the other phone call is going to be the FBI.
AUDIO RECORDING: I'm telling you.
AUDIO RECORDING: I'm telling you. And then when they do catch the person, they're going to be asking lots of questions about these caveats. We already spoke about this. It's not even like a fucking joke anymore.
AUDIO RECORDING: It's not a fucking joke.
AUDIO RECORDING: It's not.
AUDIO RECORDING: Okay. I have fucking—bullshit, and fucking somebody's trying to fucking pinpoint some bullshit. Like, it's getting aggravating.
AUDIO RECORDING: Yeah, it is.
AUDIO RECORDING: All I'm saying is, find out who the fuck it is and who—you have to talk to.
AUDIO RECORDING: I'm not going to shit myself, bro. It isn't some fucking bullshit.
AUDIO RECORDING: I'm going to have to let my mother fucking talk.
AUDIO RECORDING: Well, say my mother's fucking number. Say fucking, if Erica wants to talk back, say like, oh, is this the right number? Okay, I'll have your fucking, whatever fucking, okay? Because this is fucking bullshit.
AUDIO RECORDING: I don't — fucking whatever it is, because I don't want to get into it.
AUDIO RECORDING: All right, we'll find out. I'll sing. I don't give a shit about this fucking bullshit, whatever shit anymore.
AUDIO RECORDING: I'm pissed the fuck off.
AUDIO RECORDING: Okay, well, either you go to the top or we go to the top. Exactly. We'll find out. We're both going to fucking go to the top.
AUDIO RECORDING: Because this person evidently knows you and knows your family.
AUDIO RECORDING: Yeah, exactly. And they don't mean — they don't like me. You don't think they're that fucking scared of me, like somebody's fucking saying my name out loud or whatever, whatever? If someone's messing with you, they're messing with me. Someone's messing with me, they're messing with you. It's one and the same. So what I'm saying is, find out the number. Work, okay?
AUDIO RECORDING: Call them, find out. Trust me on this. Who the fuck it is, and get a number, something, all the same. Because I work — you have the number I need, okay?
AUDIO RECORDING: Good.
AUDIO RECORDING: Somebody's just trying to call me. Adderby so fast. Okay, let me — I got Adderby. Do you want me to have Erica go on the caller ID and we'll see what number that was?
AUDIO RECORDING: I tried that number on YouTube the other day, and I'm going to call my mom.
AUDIO RECORDING: Okay, call me.
AUDIO RECORDING: Tension's rising a little bit. A little bit.
MS. CAPPLEMAN: Okay, let's go to CC, please.
AUDIO RECORDING: Hey, Charlie.
AUDIO RECORDING: Hey, Mom. Do me a favor.
AUDIO RECORDING: Yes?
AUDIO RECORDING: Does Erica have a caller ID at the office?
AUDIO RECORDING: Yes. There is no caller ID?
AUDIO RECORDING: No.
AUDIO RECORDING: Is there a way of looking up what number of one they called?
AUDIO RECORDING: I don't think it says that. Caller ID in the office — and it stopped working, so they just dumped it.
AUDIO RECORDING: What's not working for them?
AUDIO RECORDING: Okay, if that number was a non-working number, I'm going to have someone try to call it again and find out — maybe it's working now, okay?
AUDIO RECORDING: I'll call you within an hour.
MS. CAPPLEMAN: All right, DeeDee, please.
AUDIO RECORDING: Yeah, okay, there is no caller ID at the office. Call the fucking number that I gave you the other day. I know it's not working — the other day when you called. Call it again. If it's very important, then it does — be a working number, okay? Exactly. So exactly, if you're fucking around numbers, I'm telling you, bro, I'm telling you. I'm gonna call that number, whatever it is. If — either somebody's fucking with your family and fucking with my family and fucking shutting somebody off. And I don't care what they're fucking saying. And you know what? You're taking — What's that?
AUDIO RECORDING: I'm just saying — You're taking a big call. How much is mine?
AUDIO RECORDING: Okay, call with me. If you go, you go call.
AUDIO RECORDING: Fucking stop the shit and just fucking call me on me or whatever.
AUDIO RECORDING: Okay, well, there's nothing because they can listen to whatever conversation they want. I'll call from the office, and then from there I'll call you.
AUDIO RECORDING: Exactly.
MS. CAPPLEMAN: Okay, does somebody call the undercover next?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: All right, who calls the undercover?
PATRICK SANFORD: Charlie Adelson does.
MS. CAPPLEMAN: All right. That's called FF. Could we publish that one?
AUDIO RECORDING: You guys, who's this?
AUDIO RECORDING: I'm trying to figure out who this is.
AUDIO RECORDING: It represents the what, guys?
AUDIO RECORDING: Someone by the name of Spanning called?
AUDIO RECORDING: Yeah, that's me, man.
AUDIO RECORDING: All right, what's going on with taking care of it?
AUDIO RECORDING: His family has not been taken care of. I talked to the dentist doctor.
AUDIO RECORDING: Who are you calling me? Who, who, who are you?
AUDIO RECORDING: I gave the number to a lady.
AUDIO RECORDING: I don't have a father.
AUDIO RECORDING: You don't have a father?
AUDIO RECORDING: I don't even know if Katie, a student, has been taken care of since his family's problem was taken care of at North.
AUDIO RECORDING: I don't know how old you are.
AUDIO RECORDING: You don't?
AUDIO RECORDING: Well, we've gone the wrong way, my friend, because let me tell you something. I was at the ground with the doctor, and he told me the whole story.
AUDIO RECORDING: He told me nobody was taking care of him, nobody was taking care of his family.
AUDIO RECORDING: His family was taking care of Katie and Luca, and nothing was taking care of the doctor. So we know the doctor needs to be taken care of. Do the right thing.
AUDIO RECORDING: The lady over here has the paperwork. She knows what I'm talking about.
AUDIO RECORDING: We know Katie. We know who she's talking to. We know who needs to be taken care of.
AUDIO RECORDING: No more fucking around, man. No more fucking around.
MS. CAPPLEMAN: Are you able to tell the jury whether the defendant hit star-67 — I guess you can hit that before dialing the number to camouflage your own number?
PATRICK SANFORD: Yes, I believe he did.
MS. CAPPLEMAN: Okay. And that was somehow reflected on the wire? On the wire?
PATRICK SANFORD: Yes. It has dulled digits.
MS. CAPPLEMAN: All right. And after this call was made, do we have three unanswered calls from the defendant to Katherine Magbanua?
PATRICK SANFORD: That sounds right.
MS. CAPPLEMAN: All right. And is he the first... is she the first person he calls after he hangs up with the undercover?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: All right. At some point, does she call back?
PATRICK SANFORD: Yes, she does.
MS. CAPPLEMAN: Okay. Publishing Call GG.
AUDIO RECORDING: ...and then somebody picked up and sounded like this.
AUDIO RECORDING: ...is a reference to, so the guy that called. So I said, so my name is Simon.
AUDIO RECORDING: What's the call this morning?
AUDIO RECORDING: What's this about?
AUDIO RECORDING: He's like, "Who are you? It's not important."
AUDIO RECORDING: So I said, "It's not important who I am."
AUDIO RECORDING: I said, "What can I do to help you out?" That's what he said.
AUDIO RECORDING: And he put this in there.
AUDIO RECORDING: He's like, "Tuco,"
AUDIO RECORDING: whatever the fuck his name is. He's like, "Someone did a really big favor for you and was there for you, and I'm Tuco's brother. I was with him for an hour with him down in Broward, and he hasn't been taking care of his family, hasn't been taking care of —" and he's like, "It's fucking bullshit."
AUDIO RECORDING: He's like, you know, as he's unwittingly talking — as he's talking, he's hearing a little bit of the New York.
AUDIO RECORDING: As he's trying to, you know, when he picks up the phone — he didn't sound like a tough guy when he picked up the phone, but it was like, as he was talking to me, so he's like, "Listen, I know you guys took care of, you're taking care of GD and Tudor, and you're taking care of their family. He needs to be taken care of."
AUDIO RECORDING: "And I was looking at Broward, and he's got a big favor for me." And I go, "Sir, because I know you've been giving money to KD and Tudor and taking care of their family." I go, "No money's been given. I said, I don't even know who these people are or what you're talking about."
AUDIO RECORDING: And he's like, "Well, listen, man, this shit's not going away."
AUDIO RECORDING: Oh, did he say any bad words?
AUDIO RECORDING: What's that?
AUDIO RECORDING: Did he say any bad words? He may have. I mean, he may, of course, but he left it to the people.
AUDIO RECORDING: He may have done it to the shit or whatever it is. The shit's not going away, and you need to help those families — whatever his name is — family out, the way you're helping out Katie and Tuto.
AUDIO RECORDING: What we were talking about. And it's not going away, and he says, "Do the right thing. You've got to help them out."
AUDIO RECORDING: And he wants you to say, like, who are you, number one? Well, he told me he's his brother. I didn't do nothing to get through his real name. And I was being really polite to him, like, I just — "Hold on a second. You got it? Okay, give me two minutes, I'll be right there."
AUDIO RECORDING: I was being really polite. Okay, he said he's a brother from Broward?
AUDIO RECORDING: No, he said I know him from Broward.
AUDIO RECORDING: Or I saw him down in Broward.
AUDIO RECORDING: So I don't know if it was funny. This guy that they're talking about was incarcerated in Broward, or held in Broward, or whatever. The guy, I think, referenced Broward.
AUDIO RECORDING: He referenced Katie and Tuto. So your name and some other guy's name, but I don't even fucking know.
AUDIO RECORDING: So we can do things, we can talk about who that is, but that's two people I don't know.
AUDIO RECORDING: Talking about your family, saying your family's being helped out, which I don't fucking know. Other than the hours I give you to go from the office on the weekend to take care of you. Right, exactly.
AUDIO RECORDING: But that's, I do, that kind of helps you out. You probably spend the money on the weekend, but you go up.
AUDIO RECORDING: And this is the 321 memory call?
AUDIO RECORDING: Yep.
AUDIO RECORDING: And he left it. And it rang a long time?
AUDIO RECORDING: I want to say it was like a long time.
AUDIO RECORDING: Yeah, I was on the phone a long time. And he was asking me, like, who is it? He was listening. I need that paper to say it's from a lady.
AUDIO RECORDING: Who are you?
AUDIO RECORDING: I'm trying to find out what's going on.
AUDIO RECORDING: So, you know, the person is on the assumption that I'm helping. He said there are friends involved, and he said there are brothers involved. He said he was this guy — this guy who's been incarcerated, his brother.
AUDIO RECORDING: And he's saying that he's not been paid, and his family's not been taken care of, and this is not going away. And, like, I don't know. I'm just being fair, you know. Like, you're coming home — you can't be, like, 13 people threatening you and mentioning your name.
AUDIO RECORDING: And he sounded, honestly, he didn't sound Latin. And he sounded like a, you know, there's a little bit of a New York accent to it.
AUDIO RECORDING: So he didn't threaten me at all. He did not threaten me at all. He just let me know the same thing. He said, "This is not going away," and he's like, "You need to take care of it. You need to do the right thing. You need to be there for it."
AUDIO RECORDING: And I'm like, I go, "I don't know. I go, I don't know who this person is."
AUDIO RECORDING: I said, "But — I said, let me call you back later." And so I left him and I said, "Sir, I don't know who this guy is you're even talking about, but let me give you a call back later, okay?" He's like, "Okay, do the right thing."
AUDIO RECORDING: "Do the right thing."
AUDIO RECORDING: "Do the right thing." You sound like a fucking cop fishing. That's where I'm investigated, or someone's playing games.
AUDIO RECORDING: You're coming up with a lot of fucking details. I don't know the details down there. I don't know who the people's names are talking about. I mean, you may be in the wrong case. And that can be even more like a bombhouse.
AUDIO RECORDING: In that case, just move on.
AUDIO RECORDING: Like, How did the company do that?
AUDIO RECORDING: He goes, "Who is this?" I go, "Hello?" I go, "Hi." He goes, "Who is this?"
AUDIO RECORDING: And I go, "I'm returning a phone call."
AUDIO RECORDING: He goes, "What is this in reference to?"
AUDIO RECORDING: That's the exact word?
AUDIO RECORDING: Yeah. "What is this in reference to?" In reference to. Wow, there's an attributed word.
AUDIO RECORDING: No, we both spoke to one of my mom's men. They said, "What is this in reference to?"
AUDIO RECORDING: So I said, "I'm returning the call to Simon."
AUDIO RECORDING: "I'm returning the message that Simon left this morning."
AUDIO RECORDING: "That was his name, Simon?" That was his name. And he called up my office and said, "Listen, I gave you a piece of paper."
AUDIO RECORDING: "Mrs. Adelson, last week, with a number on it. That was a calling from Mrs. Simon."
AUDIO RECORDING: So I said, "Okay."
AUDIO RECORDING: I said, "I'm returning the message from Simon." So then he knew that it was a reference to this fucking nonsense.
AUDIO RECORDING: So I said, "I—"
AUDIO RECORDING: "Know that your family — the family — is making money." He kept referencing that, right? "We're giving all this money to a fucking family," right? And referencing that there's too many people.
AUDIO RECORDING: "Too little and too full" or whatever. That told me, "I'm giving money to you and some other dude and your family." I don't know these people. Never met them.
AUDIO RECORDING: He said he referenced something that was with him in Broward, so — I don't know if he's been incarcerated in Broward County, is he from Broward — I don't know who these people are.
AUDIO RECORDING: But I don't know what your family — and I don't know who the dude is that you're with — or if they're just making up names. Or who should go to the FBI and say, you know what, "Let's play phone test."
AUDIO RECORDING: Exactly.
AUDIO RECORDING: So I don't — do you know what I'm saying? He could have been like, "Well, you're number one."
AUDIO RECORDING: I don't even know what the fuck he's talking about. Well, he never said he was going to hurt — and he was, you know, I just wanted him to keep talking, and that's what I wanted him to do. He had to get a feeling of who the person is. Yeah, because he wasn't like — you know, he really wanted to know who I was, and I was like, "It's not important."
AUDIO RECORDING: Yeah. And when he left, it was like, you know, he has not — been paid. His family hasn't been paid.
AUDIO RECORDING: "And Karen and he helped, too." Well, I'm like, "I don't know — I don't know him." "Who?" "I don't know him."
AUDIO RECORDING: "Did he have his teeth out?" Or what? I mean, it could be a lot of people.
AUDIO RECORDING: You run across so many people every day. Listen, in two seconds, you read something in this paper, and you Google the last name, and in three minutes — the homeless man today has technology to know where you live, where you work.
AUDIO RECORDING: Right, because now they're calling me. Now they're calling me. Okay, let me find out.
AUDIO RECORDING: They're picking it up — whether you want to call the holder, or if you're a friend, if you're interested, tell someone to like stop the shit. 3-5-7-1-2-5-5-7-8, correct?
AUDIO RECORDING: Yeah. 3-5-7-1-2-5-5-7-8.
AUDIO RECORDING: Okay. They need to know that I'm not paying — anything.
MS. CAPPLEMAN: I should have asked you — after that call, both parties are threatening to call the FBI?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Has anybody called any law enforcement to report any of this?
PATRICK SANFORD: No.
MS. CAPPLEMAN: Okay. And in this call, we're hearing about several things — a rendition of the phone call to the undercover, and Mr. Adelson says, "supposedly I'm giving money to you and these two other guys."
MS. CAPPLEMAN: Anywhere on here or elsewhere does he say, "Who have you been telling about all the money you've been extorting me — extorting out of me — over the last two years?"
PATRICK SANFORD: No, it's not mentioned at all.
MS. CAPPLEMAN: What does Magbanua do after they hang up from this call?
PATRICK SANFORD: She calls Supervisor Garcia.
MS. CAPPLEMAN: Okay. I think it's actually a text next.
MS. CAPPLEMAN: HH. Oh, sorry — yes, it is a text first. Can we publish that, please?
MS. CAPPLEMAN: And — then a call from her to Garcia next. Is that right?
PATRICK SANFORD: Correct. At 1:22 p.m.
MS. CAPPLEMAN: All right. Let's publish that, please.
AUDIO RECORDING: I guess they have meetings on Thursdays, and then I have that one meeting in the conference room.
AUDIO RECORDING: Ay, ay, ay.
AUDIO RECORDING: Okay. More information for you.
AUDIO RECORDING: And when I got a college degree, I couldn't even take it. So I had to step out of my meeting because I just heard about it. And I was — Hold on. Give me one second. I want my blog. Hold on.
AUDIO RECORDING: I'm going to tell you. Okay, so this person contacted the office.
AUDIO RECORDING: "Hello?" "Yes."
AUDIO RECORDING: "Whatever."
AUDIO RECORDING: "Supposedly," you said, "it's me and Simon."
AUDIO RECORDING: "Contacted the office," saying, "Oh, whatever, I've given a paper to this person." They're obviously going to be doing their — whatever they're doing, their training. And, like, they're very, very close to recording dirty.
AUDIO RECORDING: Whatever it is, you're getting the tip because my name is involved. And, um, it just gets better. But I'm like, you know what — I'm supposed to just tell me everything on the phone right now, because I'm not fine, I'm fucking working. Like, what — what is it? Like, I want to handle this, and I want to handle this every night. So, um, okay, to call the office. I was like, "Look, I tried to contact that number. It's —" but now where's the number? There's like — I was like — and start to decide and go call that freaking number. And then whatever that person did — they go, "Okay, I'm returning a phone call."
AUDIO RECORDING: "Who are you?" And they're like, "It doesn't matter."
AUDIO RECORDING: "I'm returning a phone call regarding something of a paper or whatever."
AUDIO RECORDING: And they're like, "Okay, well, we know you've been helping them out."
AUDIO RECORDING: They said my name and her name.
AUDIO RECORDING: And I...
AUDIO RECORDING: Is it Katie?
AUDIO RECORDING: Yes. Yes, it's Peter's name, and he's like, I don't even know what they're talking about, I don't even know, I don't even know who they're talking about, probably not, it could be another KD, or whatever. And I was like, okay, what else do they need? They're like, oh, well, they're a brother, they're a brother of this other person that's supposed to be incarcerated, and they're a brother of them, and they know him from Broward.
AUDIO RECORDING: I don't know if they were together in Broward, and he got out, or whatever the case was, and he's like, but just find me a new help. Do the right thing.
AUDIO RECORDING: We know for a fact that you're helping out there. I'm like, helping who out? I worked for you before, like, that's it.
AUDIO RECORDING: You're not helping me out, I'll just be working for you. And I was like, I don't know what you're talking about.
AUDIO RECORDING: Let's do the right thing. His name is supposedly Hyman.
AUDIO RECORDING: They're a brother of a person, doesn't exaggerate when they said that name.
AUDIO RECORDING: And I was like, no, this needs to stop.
AUDIO RECORDING: Because somebody's harassing me, somebody's harassing your family, and they're putting my name and that's what the other person's doing.
AUDIO RECORDING: It's getting too detailed. It's somebody that, he said, the other person had, like, he's trying to get them to talk more.
AUDIO RECORDING: He's like, the person has, like, maybe a New York accent.
AUDIO RECORDING: He, some of the words was a little bit, you know, like, he wasn't threatening at all. He was just saying you need — it's time for you to help out this person and their family because you need this because we know that you're not going to know what family the first of all time. That's all. And his family because they need it.
AUDIO RECORDING: And then before that he goes, "I don't know what the hell you're talking about." And of course both of us — do the right thing. If you don't listen, you let people ask you whether — I forgot — cops? That's why I was like, why didn't you just say that?
AUDIO RECORDING: Oh, no, the person said this is not going to end.
AUDIO RECORDING: Do the right thing.
AUDIO RECORDING: The information — what do you want me to read?
AUDIO RECORDING: Get the number. Get the number.
AUDIO RECORDING: You're giving me a lot of numbers.
AUDIO RECORDING: No, no, no. 3-0-5-7-1-2-6-5-7-0. They picked up.
AUDIO RECORDING: Because I was getting tired of it. I don't know what's happening over there. 7-1-2-6-5-7-0.
AUDIO RECORDING: No, no, no. 3-0-5-7-1-2-7-0-6-5-7-0.
AUDIO RECORDING: That's my method. I don't know what the fuck this is. Obviously you know somebody — they're putting my name, they're putting your name, they're putting — and they're trying to find me.
AUDIO RECORDING: Are you going to watch for him?
AUDIO RECORDING: 712-677-60.
AUDIO RECORDING: No.
AUDIO RECORDING: It's not. It's not. No, I don't want to.
AUDIO RECORDING: 712-677-0.
AUDIO RECORDING: Not bad.
AUDIO RECORDING: JJ, please.
AUDIO RECORDING: Thank you.
AUDIO RECORDING: I don't have my phone in the office. I don't want to spend a lot of time on my phone because I'm going to get rid of my phone.
AUDIO RECORDING: I don't have time for my office.
AUDIO RECORDING: No, no, no.
AUDIO RECORDING: But like, what's the problem?
AUDIO RECORDING: Tell me from your office. It's your office. You know what I mean?
AUDIO RECORDING: Don't listen to your phone.
AUDIO RECORDING: No, I'm not talking from my office. I'm talking from my phone.
AUDIO RECORDING: I'm trying to talk to people in the apartment. No, but I'm trying to talk to you. You're somebody. You're the first one to talk to me this time.
AUDIO RECORDING: What?
AUDIO RECORDING: My word.
AUDIO RECORDING: Affirmative.
AUDIO RECORDING: Oh. KK, please.
AUDIO RECORDING: 305.
AUDIO RECORDING: 712-6570. You sure that's the number, right?
AUDIO RECORDING: 305.
AUDIO RECORDING: 712-6570.
AUDIO RECORDING: Yeah.
AUDIO RECORDING: All right, so, fuck it, Puerto Rican. We can answer. We can speak here. I don't know who the fuck.
AUDIO RECORDING: I'm not going to try to call him again, though.
AUDIO RECORDING: Oh, it's a real fuck.
AUDIO RECORDING: Um, do you remember that other one?
AUDIO RECORDING: It does the message.
AUDIO RECORDING: Sounds like a Puerto Rican nigga.
AUDIO RECORDING: Yes. It's like, yo...
MS. CAPPLEMAN: Did Garcia call the undercover?
PATRICK SANFORD: We believe so. There was a hang-up call.
MS. CAPPLEMAN: All right. Did he leave a message?
PATRICK SANFORD: No.
MS. CAPPLEMAN: Did he ever actually talk to the undercover?
PATRICK SANFORD: No.
MS. CAPPLEMAN: Was there an outgoing voicemail similar — fitting the description, the colorful description that we got?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: All right. Okay. Let's play LL, please.
AUDIO RECORDING: I don't understand it. I don't get it.
AUDIO RECORDING: Who spoke to you?
AUDIO RECORDING: Um, no.
AUDIO RECORDING: They said... And, like, were they talking all of a sudden? And they were answering the machine all of a sudden. I don't know — like, I don't even remember. They probably had to find out for me, you know?
AUDIO RECORDING: And...
AUDIO RECORDING: It was, like, they said... I don't know if they said their name was... was whatever, like, Google or Apple or whatever.
AUDIO RECORDING: They said it was an answering machine.
AUDIO RECORDING: All of a sudden.
AUDIO RECORDING: I don't know, let me find out, because it's like — I can't, like, you have the word and then I can't hear you at the time.
AUDIO RECORDING: When you call, do you call with the call block?
AUDIO RECORDING: Huh? Yeah. Do you call? Yeah. It doesn't matter.
AUDIO RECORDING: You know? It doesn't show who's calling you. I know. You know how to block a call.
AUDIO RECORDING: Right. That's not the point. But it's our success. So I did that, right? Seven times. I'll be there in one minute without... power. Like...
AUDIO RECORDING: It is your medicine. I'd be broken. That's how. Yeah.
AUDIO RECORDING: Yeah, I'm — I don't do this, I mean...
AUDIO RECORDING: Now you should call again later. Yeah, let's say, you know — well, now this crank on me, I'm gonna pop a very fucking writing phone and fucking media message and everybody's fucking phone. Play games or play games?
AUDIO RECORDING: Really, really fucking obvious.
AUDIO RECORDING: And they called, and I mean the only thought in my head is, Chef's got one thing — maybe you can find out, or I'm going to wait a couple days and then I may call the person back. Because the person was — when they answered the phone at first, they weren't that ghetto, and as they started talking to me, it started after talking more tough, but it was more like — I could hear a New York accent in there, and it's, yeah, the voicemail sign is New York, but I gotta find out what's going on. But I'm saying, I'm gonna call somebody else's phone, because I don't want my phone, because, you know, I use my phone for work, right? And the thing is, right, listen — one thing is, it's either maybe that person will want to beat someone and talk to them about what their issue is, or they're gonna have an issue, because you don't just go threatening people, throwing at me. They're saying that I'm helping a Katie — not me, but my family's helping a Katie and her family and some other guy that's name began with a T. And I'm like, dude, I've never met any of these people. He goes, well, you're not, but the family has him. And they've been hurting her and her family. And you haven't met within there, but he's like — he's like, if he asked me who I was, and I was like, none of your business. So I was — almost what, in hindsight, what I should have said is — who? Because I have a big — because this is a big family, and there's lots of cousins, yeah. Who — who in my — because the Adelson family is a big family. Yeah. What I should have said to the guys: who in my family — who in the Adelson family owes somebody money? Give me the name. Yeah, of course, give me the name. And then I will go to that person in that family and say: who did you not pay? I want to know the name, I want to know the name. The only name they keep throwing out is that this — that this Adelson family is helping out Katie and some guy named T and their family, and this guy needs your help and it's not right, and it's like, this problem's not going away, because this is not going away. Okay, he's not fucked up and he's not helping. Okay, that's what that story is.
AUDIO RECORDING: That's the fucking stuff that you're not helping. Like, who the fuck are you? Like, who are you? Listen, that's like me calling someone up and being like, yeah, I know you killed JFK.
AUDIO RECORDING: You didn't pay me. Okay, well, guess what?
AUDIO RECORDING: You didn't kill JFK. That's a wrong example. Like, well, this doesn't have to do with anything I'm saying. Well, my point is that — well, because JFK died in 1963 and you weren't born then. And my point is, is that I have nothing to do with any of this craziness. I want to know who in my family owes somebody money. Because I'm going to go to that person and say, what's going on?
AUDIO RECORDING: And that's the next conversation I have with this person — is going to be me, if it comes to it, me saying: who owes money? If someone owes money, you've got to give me a name.
AUDIO RECORDING: Yeah, exactly. Tell me who. I'm going to have to talk to my mom — who are my mom — my mom doesn't know who any of these people are, like, I don't know whoever this fucking person is trying to fucking say shit or do whatever it is. Your family's starting to harass your family — like, it's getting me mad, so I don't know — I don't know why they keep bringing up people I've never met. I don't — that's why it's like, who are you, number one, okay? You need something — who are you, what's your real name, what's your address, who do you have a problem with? Yes, who in my family owes you money? And don't say the last name, because I'm going to go to that person and tell them: if you owe this person money, what is it about, number one? And then I'm going to tell them, go thank them. But you can't tell me who to go talk to. Not like, oh, somebody with the last name Adelson — well, guess what, that's like saying someone's the — one of the last names of Rodriguez.
AUDIO RECORDING: Yeah, someone with the last name Rodriguez. So it's like, well, give me the fucking first name. I will go talk to — if it was my brother who was behind it, I'm gonna fucking find out. Pretty fucking — with my brother, I'll try to make him get the reward money.
AUDIO RECORDING: My brother's a piece of shit. So I'm saying, like, give me the name of who owes your friend's family money. And this guy said to me, he said, listen, I was with him up in Broward. I knew everything that went on. I was always putting him in Broward. That's what I'm talking about.
AUDIO RECORDING: Yeah, something about Broward. I was putting him in Broward, too. I don't know if some guy is talking about it.
AUDIO RECORDING: But he sent you the family number.
AUDIO RECORDING: He said he was his brother.
AUDIO RECORDING: No.
AUDIO RECORDING: That guy is Cuco or whatever's brother.
AUDIO RECORDING: He said, I'm his brother. I was with him up in Broward when he told me what — everything that happened.
AUDIO RECORDING: That's exactly what he said. Who was up with him in Broward and told him what was going to happen. I don't know if he's in jail, I don't know if he's in jail. We need to, like, fucking — like, if people just can be fucking Googling shit or whatever it is.
AUDIO RECORDING: Well, exactly. The only reason I'm going to bother calling you is because I keep wanting to talk about you.
AUDIO RECORDING: Or if I'm just the wrong person, then I'm going to be the wrong one.
AUDIO RECORDING: But if the person doesn't matter — like, you're still harassing my fucking family, and I want it to stop.
AUDIO RECORDING: I mean, when you meet someone face-to-face on the street, when you send them a letter, and then when you start calling their office — the next call is to the FBI.
AUDIO RECORDING: Exactly. No, I agree. And I don't want anyone to go to jail, because, you know what? People get mad when they go to jail, and they feel like they have to get somebody back. Same reason — when my destiny got stolen, I don't even care who fucking sold it.
AUDIO RECORDING: Okay.
MS. CAPPLEMAN: Next, we've got a text — M.M.
MS. CAPPLEMAN: Who is this to and who is it from?
PATRICK SANFORD: It's to Katherine Magbanua, from Sigfredo Garcia.
MS. CAPPLEMAN: Did he call three times to the undercover? Do we know?
PATRICK SANFORD: No, we don't believe so. He only received one missed call.
MS. CAPPLEMAN: Okay. Next, we have N.N.
MS. CAPPLEMAN: Magbanua to the defendant. Can we publish N.N., please?
AUDIO RECORDING: That voicemail sounds like...
AUDIO RECORDING: ...a bitch.
AUDIO RECORDING: That voicemail sounds like... voicemail.
AUDIO RECORDING: In Spanish, is it puto?
AUDIO RECORDING: No, puto. Puto is, like — it could... be that voicemail that they have.
AUDIO RECORDING: What does he... say on the voicemail?
AUDIO RECORDING: Like something in Spanish.
AUDIO RECORDING: When you read "puto," it's in Spanish.
AUDIO RECORDING: So he has a message in Spanish.
AUDIO RECORDING: "If you're serious, you can fucking call me and stop dragging my phone."
AUDIO RECORDING: Did you pick one?
AUDIO RECORDING: Yeah.
AUDIO RECORDING: But they won't pick up.
AUDIO RECORDING: Oops, because...
AUDIO RECORDING: Well, that's good.
AUDIO RECORDING: Because the person's gonna... like, all the things you're like...
AUDIO RECORDING: With all the names you're saying, I'm like, maybe it's like...
AUDIO RECORDING: Somebody trying to like... be like, you know, try to be an employment or something or whatever.
AUDIO RECORDING: Like, you know, there are so many things that are going on.
AUDIO RECORDING: Yeah, I'm thinking the same thing, too. But then, it's like, yeah, but then, you know, people you can trust, and then you can't. But then it's like, I don't know. It's like aggravating me.
AUDIO RECORDING: It is good, man.
AUDIO RECORDING: Be quiet.
AUDIO RECORDING: I couldn't have been celebrating the newspaper and playing games.
AUDIO RECORDING: Like I could.
AUDIO RECORDING: You're playing with the wrong person.
AUDIO RECORDING: Yeah, and I don't give a name, but they didn't use a last name, so.
AUDIO RECORDING: Exactly. It could be anybody. It could have been another, another cage and another taco or whoever the fuck they said. I don't even remember the name, but the point is, is that they need to stop.
AUDIO RECORDING: Like I'm boiling so right now, like, you don't understand, like, it's pissing me off, like, pick up the fucking phone.
AUDIO RECORDING: No, I got you with that, and I just, you know, fucking call it, hear me, I said, hey, you're messing with my family, and if you don't stop, they're going to have a problem with you.
AUDIO RECORDING: Me too.
AUDIO RECORDING: I mean, listen, you're going to have a problem if I'm his sister or not.
AUDIO RECORDING: You're coming up to my fucking mom on the street, and you're sending letters to their house, and you're fucking calling my dad's office. The office. These messages, like, three times, like, no. He was living. My friend, so my friend, and I was like, no, can you do me a favor? Because it's like, I'm not a guy. They're talking about these, like, bad son-fucked-up shit.
AUDIO RECORDING: Yeah. It's like, don't worry. Like, no matter what.
AUDIO RECORDING: Yeah.
AUDIO RECORDING: I feel better.
AUDIO RECORDING: I love it.
AUDIO RECORDING: I'm just, it's like, I'm taking a zoom up on you. I'm like, I'm on time.
AUDIO RECORDING: I don't want to punch somebody in the face for that.
AUDIO RECORDING: Picture yourself. One thing is, like, when somebody's, I understand it, and I feel for your parents.
AUDIO RECORDING: Don't come to my parents, like, my parents are fucking old.
AUDIO RECORDING: If you're doing these threats, that's why my friends are not fired on me. You better understand it. Imagine if somebody's doing this to my mom, somebody's doing this to your mom, and that's when you have to go and ask me. It's like, look, I don't know what it is, but I want to know. You know? But if they did mention your name, I don't like that.
AUDIO RECORDING: And that's why when nobody's picking up their phone now, it's like, frustrating me.
AUDIO RECORDING: There was no voicemail before. Now there is.
AUDIO RECORDING: Now there is.
AUDIO RECORDING: It's not going to be good to feel like, "Mom, I don't want to leave."
AUDIO RECORDING: No.
AUDIO RECORDING: I mean, that's it. And listen, I don't want to...
AUDIO RECORDING: The last thing I want to do is get some guy... The last thing I want to do is actually go to jail and feel like he's sitting in jail because of me. Like, no. Like, fucking just leave us alone. I'm not looking to send people to jail.
AUDIO RECORDING: That's not how I live life. I didn't even...
AUDIO RECORDING: But it's going to happen if this guy keeps doing that. The police will get involved.
AUDIO RECORDING: We'll be in trouble.
AUDIO RECORDING: Of course.
AUDIO RECORDING: You're used to be calling somebody's business. What's wrong with people? You can't be sending letters. You can't be showing up on the screen.
AUDIO RECORDING: Exactly.
AUDIO RECORDING: I don't know.
AUDIO RECORDING: You know, or it could be someone thinking like, the fact that this is it.
AUDIO RECORDING: The next step also, what I'm thinking is, in a couple days, I'll tell the person, hey, do you need a name of someone in this family that owes you money? Because I'm not going to pay them a visit. Give me a name. Is it my brother? Is it Robert? And I'll take care of it.
AUDIO RECORDING: I will see that if someone owes somebody money, they will pay, but you've got to give me a name, because you're talking to the wrong people.
AUDIO RECORDING: And frankly, who are you?
AUDIO RECORDING: I have cousins.
AUDIO RECORDING: I've got a huge family.
AUDIO RECORDING: Do you want me to, do you want me to try and meet up with you, or do you want me to just leave it for you to pick up tomorrow?
AUDIO RECORDING: Yeah, if you can.
AUDIO RECORDING: Do you want me to try and meet up with you? I want to, if you can.
AUDIO RECORDING: I'll call you when I get out of here.
AUDIO RECORDING: Okay, I was just going to work out.
AUDIO RECORDING: Yeah, I know you were trying to do it, but I can't. I have to go on my own, but I can't. Go work out and call me.
AUDIO RECORDING: And I'm not going to have to work out, am I?
AUDIO RECORDING: You what?
AUDIO RECORDING: And I'm not going to have to work out. And I'm a Jew. I'm going to walk on your floor. You know that. You know better than that.
AUDIO RECORDING: It's okay, Dixie. Meet you or you'll pick it up tomorrow.
AUDIO RECORDING: Okay, we'll do it. I'll call you in like an hour. We can pick it up in an hour.
AUDIO RECORDING: Okay, call me in an hour.
MS. CAPPLEMAN: Next we have OO.
MS. CAPPLEMAN: No, sir, I've got three segments picked out for a total of twenty-ish minutes.
JUDGE EVERETT: Please continue.
AUDIO RECORDING: which we will be able to reach out to those who found that a small amount of time in the first year that we had.
AUDIO RECORDING: ...on our way because he wasn't up there at any time that I should actually...
AUDIO RECORDING: You're going to spirit or parking. It's like parking by the riverside hotel. I think they said.
AUDIO RECORDING: It was launched by the Titanic.
AUDIO RECORDING: There's a little clunking, so I don't know what I'm going to do.
AUDIO RECORDING: Please be present.
AUDIO RECORDING: Yeah, so that was first to change.
AUDIO RECORDING: I think you stopped it.
AUDIO RECORDING: If I can do them.
AUDIO RECORDING: Would that be all right with you?
AUDIO RECORDING: Yeah.
AUDIO RECORDING: Or you can...
AUDIO RECORDING: Actually, I don't want to give them back.
AUDIO RECORDING: I say I'd like to take a moment to thank you all for joining us today. That was. That was.
AUDIO RECORDING: Let me see. I can ask Alex.
AUDIO RECORDING: Well, it doesn't matter. You can just as easily take the car in your driveway because it's an easy way to look at what that is trying to do.
AUDIO RECORDING: You have a request, sir.
AUDIO RECORDING: Yeah, they're all the same one.
AUDIO RECORDING: You just get dropped off.
AUDIO RECORDING: Right. You can't get a parking spot.
AUDIO RECORDING: Yeah, you can't get a parking spot in the house.
AUDIO RECORDING: Okay. I just wanted to verify that.
AUDIO RECORDING: Thank you for your attention.
AUDIO RECORDING: There we go.
AUDIO RECORDING: This is the White House New Deal for my attention.
AUDIO RECORDING: Yeah. No, I, um...
AUDIO RECORDING: I mean, I think, uh...
AUDIO RECORDING: Nothing to say. I got to say, I think it's, I'm about.
AUDIO RECORDING: I'll say what I see.
AUDIO RECORDING: If you're taking this time, do you have a chance that you can combine either on our way down or on our way down?
AUDIO RECORDING: Um, we'll check the, check the network.
AUDIO RECORDING: I'll tell you where I live. I work for Memorial Hospital.
AUDIO RECORDING: There's like zero parking. I have to come downstairs.
AUDIO RECORDING: Two wives were named before him.
AUDIO RECORDING: And he was married six times, ten kids, and thirty-four grandchildren. And like ten great-grandchildren.
AUDIO RECORDING: I'll tell you what I see, but it's nothing new.
AUDIO RECORDING: Yes, so it's okay.
AUDIO RECORDING: Thank you.
AUDIO RECORDING: I will tell you one thing.
AUDIO RECORDING: I'm about 99% sure.
AUDIO RECORDING: Yeah. I'm 99.
AUDIO RECORDING: I'm 99.
AUDIO RECORDING: Was that sure?
AUDIO RECORDING: That's what it is.
AUDIO RECORDING: And I'll tell you why. The number one reason is this.
AUDIO RECORDING: Too well chosen.
AUDIO RECORDING: No.
AUDIO RECORDING: And I made it clear, like, I don't know who these people are.
AUDIO RECORDING: The person seems surprised.
AUDIO RECORDING: Really? Is that really?
AUDIO RECORDING: I go, yeah. I'm like, I don't know.
AUDIO RECORDING: Who these people are that you're talking about?
AUDIO RECORDING: So, and he took the "wow" of like...
AUDIO RECORDING: Thank you. You've got to take care.
AUDIO RECORDING: You're taking care of your family.
AUDIO RECORDING: Don't take any care of anybody.
AUDIO RECORDING: I'd say.
AUDIO RECORDING: I think we need to do the right thing.
AUDIO RECORDING: No, I'm not dead.
AUDIO RECORDING: Someone says do the right thing. And I'm going to tell you something.
AUDIO RECORDING: Think about a high school, you know, a high school.
AUDIO RECORDING: A fight with a high school threat.
AUDIO RECORDING: I mean, just that simple. I mean, listen, you're getting precious health people.
AUDIO RECORDING: Your dog shits on the carpet.
AUDIO RECORDING: Show him.
AUDIO RECORDING: You know what I'm saying? Like, I didn't talk like that about them. Like, you can smack his ass. Like, that way he hears the threat.
AUDIO RECORDING: Do you notice the one thing missing from...
AUDIO RECORDING: Everything.
AUDIO RECORDING: Never once, never once was there a threat.
AUDIO RECORDING: Did you notice the one bomb? That's the most, even if you don't need it. I mean, I'll say to Ben, I'm going to kick your ass if you hit me again.
AUDIO RECORDING: Do you know what I'm saying? Sure.
AUDIO RECORDING: Why that?
AUDIO RECORDING: I'm going to beat your ass or I'm going to do this or I'm going to break your legs or I'm going to do this.
AUDIO RECORDING: Do you know this?
AUDIO RECORDING: Not one file.
AUDIO RECORDING: Even in...
AUDIO RECORDING: I need your help, sir.
AUDIO RECORDING: Anything like that.
AUDIO RECORDING: It's that.
AUDIO RECORDING: And it makes, it makes.
AUDIO RECORDING: Concrete sense.
AUDIO RECORDING: The timeline.
AUDIO RECORDING: Two years later.
AUDIO RECORDING: I mean.
AUDIO RECORDING: Yes, I understand. They want... Listen, if I had any information, I would...
AUDIO RECORDING: Help out. I don't have any.
AUDIO RECORDING: You've got to understand.
AUDIO RECORDING: With our question, with... Without a question, I would be beyond shocked.
AUDIO RECORDING: The family doesn't hire their own private investigators.
AUDIO RECORDING: I will be beyond shocked.
AUDIO RECORDING: They have to. There's not going to be a lock on a door.
AUDIO RECORDING: And go.
AUDIO RECORDING: Oh, okay. Just thought I'd stop by and ask.
AUDIO RECORDING: You have to come up with a plan.
AUDIO RECORDING: That's the end.
AUDIO RECORDING: Stir the pot.
AUDIO RECORDING: So that if there is something going on.
AUDIO RECORDING: What are they looking to?
AUDIO RECORDING: What are they looking for?
AUDIO RECORDING: What are they looking for? You got to tell yourself, what are they looking for?
AUDIO RECORDING: Did you get out of doing this nonsense?
AUDIO RECORDING: This is money on the shot.
AUDIO RECORDING: That money is, you go to someone and tell them what you're going to do with that.
AUDIO RECORDING: We give them 48 hours.
AUDIO RECORDING: You tell him where to meet somebody, who's going to drop it off, and if there's any nonsense, you know, this is what he's going to have to do.
AUDIO RECORDING: That's it.
AUDIO RECORDING: You get one of us, you can get one of us, but someone else will take you out.
AUDIO RECORDING: Thank you.
AUDIO RECORDING: Proceeding.
AUDIO RECORDING: And being ruthless.
AUDIO RECORDING: Do you know what I'm saying?
AUDIO RECORDING: What happens is, you squeeze into somebody.
AUDIO RECORDING: And they don't have a choice but to think straight.
AUDIO RECORDING: Can you just go on and give me the money?
AUDIO RECORDING: I'm saying, like, even if you're innocent, it's like someone's saying to me, "Listen, I'm going to the Board of Dentistry tomorrow.
AUDIO RECORDING: You must be walking to your back office and writing that check."
AUDIO RECORDING: "The Board of Dentistry tonight, when I go home, is filing my complaint, and I will sue you."
AUDIO RECORDING: If you don't like that, check that. I'm going to put you on the fence real quick.
AUDIO RECORDING: His mom wanted the whole case. I got to respond to what she spent.
AUDIO RECORDING: And she goes, "I want the money."
AUDIO RECORDING: Thank you.
AUDIO RECORDING: I would agree that I would give you the floor.
AUDIO RECORDING: Whatever failed. She said no.
AUDIO RECORDING: "I want the money for absolutely everything. I already spoke to my attorney. There will be a lawsuit..."
AUDIO RECORDING: "...for complaint filed before the end of this week if I'm not able to pick up that check. Do you understand?"
AUDIO RECORDING: Work was fine.
AUDIO RECORDING: We'll have to work, or have to work to it.
AUDIO RECORDING: What do you think I did?
AUDIO RECORDING: It was a check.
AUDIO RECORDING: Thank you.
AUDIO RECORDING: So, with that...
AUDIO RECORDING: Your Honor.
AUDIO RECORDING: People are looking for a check.
AUDIO RECORDING: Your Honor.
AUDIO RECORDING: What do they want you to do?
AUDIO RECORDING: What's the one thing they want?
AUDIO RECORDING: There's nothing wrong with truth. I got it, but they don't know that. So what do you think the one thing they want?
AUDIO RECORDING: They want everybody to start talking.
AUDIO RECORDING: They won.
AUDIO RECORDING: You didn't hand-deliver yourself. At least they think you know something.
AUDIO RECORDING: But they want you to hand-deliver yourself and start talking as much as you can when you walk in. Because otherwise, if they were to just come to you tomorrow and say...
AUDIO RECORDING: They get the same result, but I'm saying...
AUDIO RECORDING: "If the cops were to come to you tomorrow and say, 'Donna, come down...'
AUDIO RECORDING: 'We need to talk to you.'"
AUDIO RECORDING: "We'd be like, 'You know, I don't need this aggravation.
AUDIO RECORDING: This is hard.
AUDIO RECORDING: Do you hear anything?
AUDIO RECORDING: I absolutely will.'"
AUDIO RECORDING: But if you go ahead and make it seem like, you know, you're being extorted or blackmailed, or anything...
AUDIO RECORDING: Like that.
AUDIO RECORDING: Then, what are you going to do?
AUDIO RECORDING: You're going to run down there and start talking?
AUDIO RECORDING: Sidebar.
AUDIO RECORDING: Your Honor, the court is adjourned.
AUDIO RECORDING: This is not someone who started this. This is not someone who started this yesterday.
AUDIO RECORDING: This is not someone who's dumb.
AUDIO RECORDING: This is so much more.
AUDIO RECORDING: And...
AUDIO RECORDING: We've been there a lot of times...
AUDIO RECORDING: This is what goes on.
AUDIO RECORDING: Someone comes, you know, but it's real odd that if you hear the amount of time that's...
AUDIO RECORDING: It would be like having a dental office.
AUDIO RECORDING: The case from 40 years ago. Let me try to go to the collection.
AUDIO RECORDING: It's four years ago. How do you not realize that you weren't paying on a big case that you did four years ago? I mean, none of it makes any sense.
AUDIO RECORDING: That's why I think it's more...
AUDIO RECORDING: Bad.
AUDIO RECORDING: No.
AUDIO RECORDING: There was a lack of threat.
AUDIO RECORDING: I'm...
AUDIO RECORDING: There's no threat.
AUDIO RECORDING: Students will be fucked. What does that mean? Is someone going to write a bad review on Google tomorrow?
AUDIO RECORDING: You know, I mean, it's almost like you were afraid to say that they're going to break your leg. It's almost like they can't go in that. They can't do that. They're going to cross lines that they themselves can't cross.
AUDIO RECORDING: Susina Rotay.
AUDIO RECORDING: Well, let's...
AUDIO RECORDING: The bill will be announced next week.
AUDIO RECORDING: Thank you.
AUDIO RECORDING: They're not far from this.
AUDIO RECORDING: And that's the other thing, too.
AUDIO RECORDING: Thank you, sir.
AUDIO RECORDING: You don't, you don't, but the last thing we want to do is ask you.
AUDIO RECORDING: I don't want her. I don't want to scare her. I don't want to shoot you.
AUDIO RECORDING: She won. She's finally over being scared.
AUDIO RECORDING: Absolutely. And you don't have to pay me to respond to that.
AUDIO RECORDING: Everybody came this way.
AUDIO RECORDING: Every situation differently.
AUDIO RECORDING: It's like, somebody has a death in the family.
AUDIO RECORDING: And if they don't act devastated and...
AUDIO RECORDING: Does it mean that they have no one responsible for it? No. I mean, everybody handles tragedy.
AUDIO RECORDING: Your Honor.
AUDIO RECORDING: Nation.
AUDIO RECORDING: I mean, some people...
AUDIO RECORDING: You know, it's like fight or flight. Some people are confrontational. Some people have a nice day. Some people just turn their back and walk away.
AUDIO RECORDING: You know, you get, you know, and none of this is true. And who's to say what's right and who's to say what's wrong?
AUDIO RECORDING: You know, there is nothing.
AUDIO RECORDING: Because that's what my original...
AUDIO RECORDING: Your Honor, we have a motion to adjourn the hearing.
AUDIO RECORDING: Yeah, I don't want Wendi to then get shot.
AUDIO RECORDING: And now then, we're conversing.
AUDIO RECORDING: That's right. If you think I'm right, I'm not going to be upset.
AUDIO RECORDING: Well, it's fine. I called.
AUDIO RECORDING: I call Katie and I said to her, listen, I said, I said, you're the only KD I know. You know, I know of other KDs. You know, but I've known you a long time. I don't know if they keep records in view.
AUDIO RECORDING: And I told them.
AUDIO RECORDING: If I'm wrong.
AUDIO RECORDING: And if there's reference from somebody else, if it is a common last name or a common first name.
AUDIO RECORDING: They didn't tell me last name.
AUDIO RECORDING: If you're the wrong person, then I feel horrible that they're trying to bring you into this or whatever.
AUDIO RECORDING: But she told me she had somebody call.
AUDIO RECORDING: And the voicemail wasn't set up before.
AUDIO RECORDING: She walked through numbers for a couple of times.
AUDIO RECORDING: And then...
AUDIO RECORDING: It was on, um...
AUDIO RECORDING: And then is it voicemail?
AUDIO RECORDING: So, she has a friend of hers who...
AUDIO RECORDING: You left a message.
AUDIO RECORDING: For that person.
AUDIO RECORDING: I think it was the guy that you had called.
AUDIO RECORDING: I think. I don't know for sure.
AUDIO RECORDING: Basically, you need to stop.
AUDIO RECORDING: We're usually going to be having a very, very, very, very.
AUDIO RECORDING: And the person who gave them the call.
AUDIO RECORDING: That kind of.
AUDIO RECORDING: Message I got this afternoon.
AUDIO RECORDING: Call back.
AUDIO RECORDING: That's what I heard this afternoon.
AUDIO RECORDING: Definitely.
AUDIO RECORDING: When I spoke to her first, she said, you were a captain.
AUDIO RECORDING: Tell me that. No, it's not. And then that person with the same voice on the voicemail.
AUDIO RECORDING: So.
AUDIO RECORDING: I... I think...
AUDIO RECORDING: Somebody playing games and fishing.
AUDIO RECORDING: Because it's the same guy.
AUDIO RECORDING: And the first to fill in off of awful.
AUDIO RECORDING: I need to go. You got to remember something, too.
AUDIO RECORDING: Somebody's going to do something.
AUDIO RECORDING: Stay low.
AUDIO RECORDING: The computer is going to come through the patent glass.
AUDIO RECORDING: They don't want you to do that.
AUDIO RECORDING: You know, the whole thing that I told you before, it does this.
AUDIO RECORDING: It doesn't have to.
AUDIO RECORDING: If you look, there's 15 different things on the language.
AUDIO RECORDING: There's no threats.
AUDIO RECORDING: The fact that the person is... devices that they can easily be traced to.
AUDIO RECORDING: The fact that the person's language Thank you.
AUDIO RECORDING: To me, it was do the right thing.
AUDIO RECORDING: And not.
AUDIO RECORDING: Thank you.
AUDIO RECORDING: To do the right thing.
AUDIO RECORDING: Sustained school speech.
AUDIO RECORDING: Did the right thing. Unfortunately, I wasn't angry. I mean, it was a pretty calm talking game. I was real nice to them.
AUDIO RECORDING: Trying to figure out what's going on.
AUDIO RECORDING: He's out.
AUDIO RECORDING: Robert Ion.
AUDIO RECORDING: Yeah.
AUDIO RECORDING: That's all.
AUDIO RECORDING: That's how you find that. That's how you find that interesting.
MS. CAPPLEMAN: A couple questions to follow up on that one.
MS. CAPPLEMAN: So, here in this call, we hear the defendant finally saying the name Katie to Donna, right?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: And is that in the context of maybe this is the wrong Katie?
PATRICK SANFORD: Yes, it was.
MS. CAPPLEMAN: Are there any conversations where the defendant and Donna are discussing how this Katie is the one that's been extorting them for over two years?
PATRICK SANFORD: No, not at all.
MS. CAPPLEMAN: No further questions about that call, Your Honor.
JUDGE EVERETT: Very well.
JUDGE EVERETT: Members of the jury, we're going to take our lunch break at this point.
JUDGE EVERETT: Once again, I'm going to remind you, do not discuss the case with each other or anyone else.
JUDGE EVERETT: Do not watch any news reports or seek any information about this matter.
JUDGE EVERETT: We will resume with the testimony of Agent Sanford after the lunch break.
JUDGE EVERETT: Please report back by 1:20 and we will get started at 1:30.
JUDGE EVERETT: Thank you.
JUDGE EVERETT: Unless the parties have anything to raise, we'll go into recess. Please be back at 1:20 as well.
MS. CAPPLEMAN: Yes, Your Honor.
JUDGE EVERETT: Bring them in.
JUDGE EVERETT: Everyone can be seated.
JUDGE EVERETT: Ms. Cappleman, you may continue with your examination.
MS. CAPPLEMAN: Thank you, Your Honor.
MS. CAPPLEMAN: Okay, I think we're on RR.
AUDIO RECORDING: Hey, what's up? Your phone was weird. It was like it was doing a dial tone.
AUDIO RECORDING: Yeah, it was weird. I tried picking it up.
JUDGE EVERETT: Can't break down on us now, Dugan.
JUDGE EVERETT: We're almost to the finish line.
AUDIO RECORDING: Hey.
AUDIO RECORDING: Hey.
AUDIO RECORDING: You're going with me?
AUDIO RECORDING: Yeah.
AUDIO RECORDING: If you want to say a word.
AUDIO RECORDING: Yeah.
AUDIO RECORDING: Listen, I thought really hard.
AUDIO RECORDING: I didn't know what a married man with kids wants for his birthday. So I thought, if I was married and I had kids, what would I want for my birthday?
AUDIO RECORDING: A fucking dodo?
AUDIO RECORDING: How did you do?
AUDIO RECORDING: But I forgot to get — uh, I didn't have time to get as far as the Hallmark, which is exactly... but...
AUDIO RECORDING: Anyway.
AUDIO RECORDING: I think, um, I think — I think I hit the nail on the head.
AUDIO RECORDING: Wow.
JUDGE EVERETT: One moment, please. Pause it, Miss Dugan. Silence the devices, please.
JUDGE EVERETT: Check your devices, place them on silent or turn them off, please. Continue.
AUDIO RECORDING: It's so fucking hot.
AUDIO RECORDING: It wasn't a great Tuesday. I think you just jumped on your boat.
AUDIO RECORDING: Can you take it one more time?
AUDIO RECORDING: Hardly.
AUDIO RECORDING: I don't need any wind to tie me down. It's yours. It's yours.
AUDIO RECORDING: You know what?
AUDIO RECORDING: The birthday gift for a married man with kids.
MS. CAPPLEMAN: What is Sigfredo Garcia's birthday?
PATRICK SANFORD: I believe it's like April 27th.
MS. CAPPLEMAN: And on what date was this call actually placed?
PATRICK SANFORD: It was on 4-29-16.
MS. CAPPLEMAN: So his birthday was two days prior, correct?
MS. CAPPLEMAN: Okay. I want to skip ahead to May 4th of 2016. Did we have another bump on that date?
PATRICK SANFORD: We did.
MS. CAPPLEMAN: Okay, tell us about that.
PATRICK SANFORD: That one was a text message from the undercover to Donna Adelson.
MS. CAPPLEMAN: Publish that message.
PATRICK SANFORD: I'm sorry.
MS. CAPPLEMAN: Oh, it is because it's on the wire disc, all the texts. Sorry, judge — sausage being made. Okay, so if you'll read this text for us. This was sent from the undercover to Donna Adelson.
PATRICK SANFORD: Yes, ma'am. "So you don't take me serious. You think I'm playing. You have somebody to call me to see if I'm for real. If you think what Katie baby daddy did for you can't come back, you're fucking crazy. I want the money now or I'm going after the 100K."
MS. CAPPLEMAN: Okay, can we play SS, please?
MS. CAPPLEMAN: Is $100,000 significant in this case?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: Why is that?
PATRICK SANFORD: That's what was on the flyer about a reward.
MS. CAPPLEMAN: Oh, sorry?
PATRICK SANFORD: That's what was on the flyer regarding a reward.
MS. CAPPLEMAN: All right, so not the flyer that we've seen in this case, but something that was put out to the public?
PATRICK SANFORD: It was. And I believe it was also on the same flyer that was handed to her by the undercover.
MS. CAPPLEMAN: Meaning it was mentioned in that article, or...?
PATRICK SANFORD: I believe so.
MS. CAPPLEMAN: Okay, I understand. Okay.
AUDIO RECORDING: I can walk in it.
AUDIO RECORDING: It's a nice place for me.
AUDIO RECORDING: Back in my old place, I played with another guy. So you haven't opened up the public space?
AUDIO RECORDING: Why?
AUDIO RECORDING: No, it's not like I put a fucking hamster in there.
AUDIO RECORDING: Well, he's in here. I don't want him in the bag. I got him a guinea pig for his birthday.
AUDIO RECORDING: He's been in there for three weeks in your trunk.
AUDIO RECORDING: He's an asshole.
AUDIO RECORDING: Okay, I gotta get him. Okay.
AUDIO RECORDING: Okay. It was supposed to be a birthday present for somebody.
AUDIO RECORDING: Maybe not a big birthday.
AUDIO RECORDING: Okay. Well, would it be okay if you pulled this from me, or do you think that's a bad idea?
AUDIO RECORDING: I don't know.
AUDIO RECORDING: Well, take a look and then you can tell me.
AUDIO RECORDING: There's a very nice gift card in there.
AUDIO RECORDING: It's fucking weird though.
AUDIO RECORDING: I know.
AUDIO RECORDING: You know, he said — he told me, oh my God, that felt so bad.
AUDIO RECORDING: Like, he's like — well, like, because my mom always — always gets me a present, right? Like, he took us out, like, you know, he took us out for dinner and shit, whatever. My mom always does that, like, for me.
AUDIO RECORDING: He told me, he was like, well, maybe you ought to get me a present, because I need to get him a present.
AUDIO RECORDING: My boy, you're not making it at home anymore — like, get over it.
MS. CAPPLEMAN: Let's move on to T.T., please.
AUDIO RECORDING: Still got the drugs, he's fine.
AUDIO RECORDING: Let him get started on it. And if you don't think it'll cause anything, you can tell if it's from maybe when you open up the present.
AUDIO RECORDING: You're scaring me. I'm going to go down. I'm going to look.
AUDIO RECORDING: Yeah. Was it in your car or was it in your house?
AUDIO RECORDING: I hid it.
AUDIO RECORDING: Look what's in there and tell me if it's okay for his birthday.
AUDIO RECORDING: Where's my birthday present?
AUDIO RECORDING: You get nothing.
AUDIO RECORDING: I got you tickets to the concert.
AUDIO RECORDING: I know!
AUDIO RECORDING: Thank you.
AUDIO RECORDING: It's not your birthday today. You win your first.
AUDIO RECORDING: It's your other goddaughter's birthday.
AUDIO RECORDING: You already know my kids. I got like six year old women in all of a sudden saying, where's your kids? And they go to your house. And you get to follow them to your car.
AUDIO RECORDING: It's fucking amazing. I got like eight people that want to see it.
MS. CAPPLEMAN: We are going to replay the first few seconds of the portion we played of that previous call where we're at.
AUDIO RECORDING: Wait, wait, wait, but look, if you were walking all the way to the church, I don't want to mock them and she's like, no, I think you should, and I was like, I'm not going to do it. You're not going to hard with the moccasins. Exactly. So instead of like taking 500 you may take a little less and then just give it to them twice, but definitely give them as soon as you get it in and then up here, so they can't — do they ask you?
AUDIO RECORDING: Yeah, it looks like — no, they don't have flavor, but if you give them a fucking teaspoon it'd be like up and swallow. I know this is the biggest baby about it. All right, all right, well I'll order a fucking smack of that which I'll be gonna be paying. But — It really hurts him. We'll fucking swallow.
AUDIO RECORDING: Yeah, no, it is access, it is access. You're — There, there's a clear access there. So I would do that.
AUDIO RECORDING: Take an ibuprofen, grind it up, put it like and take it that way.
AUDIO RECORDING: So give him like the liquid?
AUDIO RECORDING: Give him the liquid.
AUDIO RECORDING: And then?
AUDIO RECORDING: No, but I'm saying like, I've been giving him Tylenol.
AUDIO RECORDING: Let's get another bottle of Motrin to let him finish.
AUDIO RECORDING: Just give him Motrin, not Tylenol.
AUDIO RECORDING: Either way.
AUDIO RECORDING: But the IV protocol is Motrin with the omicron. He'll be feeling so much better tomorrow.
AUDIO RECORDING: Okay. You have to have it in your system for 24 hours.
AUDIO RECORDING: You can always — I hate doing it, but you can always take the core of your bar and break it, and then break it into another one.
AUDIO RECORDING: Like you would, the whole family would be on the fucking planet. Why don't you just blow some weed in his face?
AUDIO RECORDING: I'm kidding.
AUDIO RECORDING: But no, but I got, um, he's got the drugs, he's fine.
AUDIO RECORDING: Um, let him get started on it. And if you don't think it'll cause anything, you can tell me for maybe when you open up the present.
AUDIO RECORDING: Are you scaring me? I'm going to put that, I'm going to put, yeah.
AUDIO RECORDING: Was it in your car or was it in your house?
AUDIO RECORDING: I hid it.
AUDIO RECORDING: Go fucking look what's in there and tell me if it's okay for his birthday present.
AUDIO RECORDING: Where's my birthday present?
AUDIO RECORDING: You get nothing.
AUDIO RECORDING: All right, I'll talk to you later.
AUDIO RECORDING: I got you tickets to the concert.
AUDIO RECORDING: I know.
AUDIO RECORDING: Thank you. I'd like to thank you. Where's my birthday? It's not your birthday today. Wait, you went your birthday.
AUDIO RECORDING: Yeah, it's my daughter's birthday.
AUDIO RECORDING: It's your other goddaughter's. It's your goddaughter's birthday.
AUDIO RECORDING: I can't, all these people know.
AUDIO RECORDING: You already know my kids. I got like 60 year old women in offices asking me, saying, where's your kids? And I go, I don't have any. And they go, you're a cop. You're in a policy car.
AUDIO RECORDING: It's fucking amazing. I got Daddy wants to see the doctor. I got like 80 people that want to see the doctor. I think —
MS. CAPPLEMAN: We can move on now to UU.
AUDIO RECORDING: It's very interesting.
AUDIO RECORDING: That's really how people make a lot of money, is using other people's funds to make it.
AUDIO RECORDING: Oh, sure. That's a good way to do it.
AUDIO RECORDING: So, we'll see. I mean, Alex says it will be a track record of two years. It will not be a problem based on capital.
AUDIO RECORDING: So, are you waiting to answer the check?
AUDIO RECORDING: Yeah.
AUDIO RECORDING: Is everything else like that?
AUDIO RECORDING: No, it's different, but I'll see you on Sunday.
AUDIO RECORDING: Did you see me tonight?
AUDIO RECORDING: No. Was it Matt or was it?
AUDIO RECORDING: No. Yeah. Like, it just seems like it's on... bother Wendi?
AUDIO RECORDING: Not yet.
AUDIO RECORDING: Before Sunday.
AUDIO RECORDING: Where exactly is he going to be tomorrow?
AUDIO RECORDING: And he goes tomorrow. So maybe he's here to change the news. I don't think he's here to change the news.
AUDIO RECORDING: Well, I'm meeting Doug in the afternoon. I haven't texted Adam yet.
AUDIO RECORDING: It's supposed to be him at some point. But just, I mean, I can set up a meeting with him at any time.
AUDIO RECORDING: I'll go up to my house.
AUDIO RECORDING: I'll tell you what, I don't want...
AUDIO RECORDING: Yeah. And then you wait, and something that could have been in the bud early becomes... so all that is in control. Yeah. So maybe tomorrow...
AUDIO RECORDING: We've got... you want to be sure with the deficit target?
AUDIO RECORDING: Yeah.
AUDIO RECORDING: You want us to come to you, right?
AUDIO RECORDING: Well, Traffic is... change your schedule, and then we'll work something out, okay?
AUDIO RECORDING: Yeah. Let me do that, and I'll see you guys tomorrow.
MS. CAPPLEMAN: It's apparent some other contact has occurred. Is the timing of this call consistent with that being from the text bump that we saw a few moments ago?
PATRICK SANFORD: Yes, it's — it's the same day, the afternoon of when it happened.
MS. CAPPLEMAN: And the text bump indicates "I want the money now, or I'm going after the 100k," right?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: The 100k — you said it was a reward. A reward for what?
PATRICK SANFORD: Reward for information leading to the investigation, leading to the arrest, and...
MS. CAPPLEMAN: At any time... does Donna or anyone in this case text the undercover and say, "Do that"?
PATRICK SANFORD: No, they didn't.
MS. CAPPLEMAN: Go get the reward, solve the case?
PATRICK SANFORD: Nope, they did not. All—
MS. CAPPLEMAN: ...right, so let's go to the next day. What do we decide about—
AUDIO RECORDING: ...you. Hey.
AUDIO RECORDING: Charlie.
AUDIO RECORDING: Hey, how are you doing?
AUDIO RECORDING: Good. I'm coming, okay?
AUDIO RECORDING: Okay. Wonderful. You know, I'll meet you — we'll meet you outside. Now we can walk to the pool area. Okay. Okay. Okay.
AUDIO RECORDING: Ma'am.
AUDIO RECORDING: Hello. Hello.
AUDIO RECORDING: I'm talking to my sister soon, so if you don't mind, she'll call me on the group.
AUDIO RECORDING: Oh, you're calling?
AUDIO RECORDING: Yeah.
AUDIO RECORDING: Put the tape up right here and sweep you up.
AUDIO RECORDING: What was that?
AUDIO RECORDING: Not that I was in trouble, but I had to move on.
AUDIO RECORDING: Can you get out of the room, please?
AUDIO RECORDING: No, I'm just saying that...
AUDIO RECORDING: You got a call?
AUDIO RECORDING: Yeah. I'm going to call her, but I'm going to have to talk to my friend and get out of the way.
AUDIO RECORDING: Okay. So, did you start?
AUDIO RECORDING: Yeah.
MS. CAPPLEMAN: I missed an item on our sheet — meeting at pool. What does that refer to?
PATRICK SANFORD: Charlie Adelson met with his parents at the Icon. We tried to cover it — sent some agents in to try to record — but they could not get close enough to them.
MS. CAPPLEMAN: Where did the meeting occur?
PATRICK SANFORD: It occurred like, in the pool area inside the Icon.
MS. CAPPLEMAN: All right, so the three of them sat down at the pool area and had a chat, or...?
PATRICK SANFORD: Yes. Apparently they were in, like, a private pool area inside the building. They were in the pool area by themselves talking.
MS. CAPPLEMAN: All right, sorry, I missed that. Let's jump forward to Y.Y.
AUDIO RECORDING: I don't even know where he is.
AUDIO RECORDING: Just look for the kind of monkey bars.
AUDIO RECORDING: Yeah, probably him. Right?
AUDIO RECORDING: Okay. Just give me a quick recap of his life.
AUDIO RECORDING: Like, what exactly on the time?
AUDIO RECORDING: And I'm not asking you to do anything about it.
AUDIO RECORDING: At all.
AUDIO RECORDING: Come on.
AUDIO RECORDING: Yes, you've got to put up a point.
AUDIO RECORDING: The person's there.
AUDIO RECORDING: So "you — so you don't take me serious, and you there"? Yeah?
AUDIO RECORDING: Yeah. The person says, "So you don't take me serious, and you have some puta, a cheese baby daddy," so and so. "You don't know? So you know something." Then something about "you, for you." There was something about, like, "you know, you don't respect what was done for you," or "you don't worry about that."
AUDIO RECORDING: No, you don't. He was, like — he was, like, 20 words. It started off and said, "You don't take me serious."
AUDIO RECORDING: And then it was, "you have some..." So...
AUDIO RECORDING: "You don't take me serious, and you have some hooker calling me up, Katie's baby daddy."
AUDIO RECORDING: "You don't, you don't appreciate what was done for you," or something like that.
AUDIO RECORDING: And that was it. It just ended.
AUDIO RECORDING: But it came from that same number. The person didn't block the number they're texting from. Yeah, yeah. We already got to that. We got to that.
AUDIO RECORDING: So don't do anything. And I have a feeling it's one of two things, and I could care less. I just want the person to stop harassing them. Go on the bus.
AUDIO RECORDING: But evidently, if each year, whoever called, the person would give a shit. No, I had a friend that called, but... Yeah, whoever it was that called, this person texted my mom at 2 o'clock in the morning, could really give a shit. He referenced — the only person's name he referenced in the text was Katie's baby daddy.
AUDIO RECORDING: Yeah. So...
AUDIO RECORDING: No, it wouldn't have to be the daddy.
AUDIO RECORDING: Yeah. Yeah, so the weird thing is, whoever it is could really do their shit without what was said to them. Because he had no problem continuing to send text messages from that number. That's the part. That's the part that really boggles my mind.
AUDIO RECORDING: Yep. So don't — Okay, but this is my, this is my one fear. Nobody can protect if it's only one percent chance.
AUDIO RECORDING: It is a bad guy. Is something bad?
AUDIO RECORDING: You know, I warned him about my dad's safety going into an office.
AUDIO RECORDING: You don't want to wait 12 hours in the night to show up. And I said, go, go, like, no. Yeah, yeah, that's what I feel. And whoever it is, if they're referencing to me, you don't think I'm scared?
AUDIO RECORDING: Yeah, and whoever it is, like, whoever called, the person that I was talking to, he called them a food dog. That becomes even more of an open meeting with them. Who are you meeting now? Is it somebody that's waiting for you to be like, hey?
AUDIO RECORDING: Or like somebody trying to message you? You know what I mean? We're just in the line.
AUDIO RECORDING: It becomes more of like, damn, what is going on? And then if they do, they just throw a lot of information out that I don't know. So, that's... which is crazy. The question is, where do you get it from?
AUDIO RECORDING: Why don't we just go collect the reward, whoever has the information? Exactly.
AUDIO RECORDING: All right, all right. We're going to thank you for coming to our meeting. And it's just... it's getting to the point where it's like... So, don't do anything. I just don't... it's just aggravation. That's all. I just want my family left alone.
AUDIO RECORDING: That's my day. I'm hoping I have a day off. So I can hang out with everybody, you know, nonsense.
AUDIO RECORDING: Right.
AUDIO RECORDING: So...
AUDIO RECORDING: Right. Like, I try to remember so many, and it's so hard because you throw so many other details behind it, that it's, like, when I have to, like, think it out of my head, like, I'm all over the place because, like, you just talk so much more of what's not necessary.
AUDIO RECORDING: Yeah, I know. I know. I would do that. I would go off on tangents. You're just my friend. That's the only reason why I'm going. No.
AUDIO RECORDING: They're picking me up because it's late. No. They're picking me up. Me? I'm trying to help you out.
AUDIO RECORDING: And figure it out. It doesn't help.
AUDIO RECORDING: I wish I knew what was going on. There's crazy people out there.
AUDIO RECORDING: Goodbye, baby boy.
AUDIO RECORDING: All right. Good luck with his endo appointment.
AUDIO RECORDING: All — right. I'll talk to you later.
MS. CAPPLEMAN: Okay. Next we have a text - AAA.
MS. CAPPLEMAN: Can we publish that one, please? If you'll tell us about this text — this text...
PATRICK SANFORD: The text is from — it's from Katherine Magbanua to Sigfredo Garcia. Says, "Call me if you can step out of the office for a second."
MS. CAPPLEMAN: Okay, play BBB please.
AUDIO RECORDING: I was saying, like, um, I don't know what — I had to ask you to give me a favor because some of these are asking what my breath time is. Yes. All right, like, um, they texted yesterday at 2 o'clock in the morning, not giving a shit, not blocking their number, the same freaking number that I had, um, given to help me out or whatever, saying, obviously, I'm not taking you seriously. Me, you have a hooker calling me, who is Katie's baby — and I was like, what are you talking about? Like, he's like, to me, my heart is turning me, like, I don't even know if it's you or whoever. I mean, this is what I've been done. And I've gone out with, like, plenty of kids — I have a lot of kids' friends — like, I don't know what the hell it is. And, um, that you don't want to teach me what works country, or something. And this is not going to stop, but — The funny is, how does somebody know your voice? Or — Even if they're talking about it, you know, to be a completely different person — following all, you know, you're — Asking me, because it's like — it seems like, you know — because I told them, like, "How come?" You know, they always like, "Oh yeah, I'll try to help you out," but — It's funny how —
AUDIO RECORDING: And they're not here to use our number because they're married, so it's definitely, you know — they're about to have, how much more should they get around?
AUDIO RECORDING: And it's funny, like, how do you get — you know, it's just calling Mom, it's not calling anybody else. It's like, yeah, you can get, you can look it up or whatever.
AUDIO RECORDING: It's pretty — I just don't like, you know, the fact that my name is being thrown out and baby's eyes are being thrown out. Like, what is all that?
AUDIO RECORDING: Yeah, I know. I know nothing about it. So, I'll go to the chairman. Did you take over, you think?
AUDIO RECORDING: Yeah, I'm coming.
AUDIO RECORDING: But we — it was such a mission to go get him.
AUDIO RECORDING: Okay.
MS. CAPPLEMAN: Okay. So we were on May 5th. Let's go to May 6th. On May 6th, does Donna Adelson call the undercover?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: How many times does she call the undercover?
PATRICK SANFORD: I believe maybe three times.
MS. CAPPLEMAN: Okay. Does she leave a voicemail one time?
PATRICK SANFORD: I believe so.
MS. CAPPLEMAN: How many times does she actually have a conversation with the undercover?
PATRICK SANFORD: Just once.
MS. CAPPLEMAN: All right. And, Judge, that call is on State's Exhibit 107. Move to publish that call at this time.
JUDGE EVERETT: You may.
AUDIO RECORDING: This is Mrs. Adelson. Is this Sammy?
AUDIO RECORDING: Sammy.
AUDIO RECORDING: Okay. My grandchildren had my phone before, so...
AUDIO RECORDING: Can you write it?
AUDIO RECORDING: I'm Mrs. Adelson.
AUDIO RECORDING: Yes. Yes. My grandchildren had my phone before, so that's... and I just saw that you called.
AUDIO RECORDING: Oh. Okay. I was... I was...
AUDIO RECORDING: You left a message on my voicemail.
AUDIO RECORDING: Right. I did.
AUDIO RECORDING: — is. You approached me on Alton Road.
AUDIO RECORDING: You handed me an article from the newspaper about my ex-son-in-law.
AUDIO RECORDING: You told me I need to call you and help your friend who was in prison.
AUDIO RECORDING: Now, at the time you did that, I didn't understand what you were talking about. I didn't call you back.
AUDIO RECORDING: Then you mailed me a threatening letter.
AUDIO RECORDING: Then you sent me a text message to my phone that says I'm not taking you seriously.
AUDIO RECORDING: So I am taking you seriously, and I really want you to listen to me.
AUDIO RECORDING: I have to tell you, I mean, this is important.
AUDIO RECORDING: I have been so stressed. I have spoken to 10 or 12 people who are close friends of mine, telling them about this and basically picking their brains and asking them what I should do, because I don't know your friend who is in jail.
AUDIO RECORDING: You mentioned a name. I don't even know his name.
AUDIO RECORDING: I never spoke to him.
AUDIO RECORDING: I don't know what he looks like. I've never met him. I'm sorry your friend's in jail, but I don't know what that has to do with me.
AUDIO RECORDING: Do you know? You know exactly what it has to do with you. You know exactly what it has to do with me. Listen to me carefully. Listen to me. Listen to me. You just got to listen to me. You need to ask your friend who this person looks like, what their name is, something — because I know there's a big reward out there, and if you need money for your friend, that's the way to get it. I mean, I'm asking you nicely.
AUDIO RECORDING: I don't know who he is. I am out of the loop. It is not me. If I can help, I would help. I mean, I... I... that's what it's like.
AUDIO RECORDING: Just like I told you, listen to me. Just like I told you that day. We know. We know that your family had a problem up north.
AUDIO RECORDING: We know that that problem was taken care of about a year and a half, two years ago.
AUDIO RECORDING: And we know that Katie has been taken care of.
AUDIO RECORDING: And has been taken care of. Now, my brother in jail, we were in Broward together. He told me the whole thing. And he hasn't been taken care of.
AUDIO RECORDING: You know.
AUDIO RECORDING: Now, all that's being asked for is 5K. That's all. All we're asking for is for $5,000. And he told me everything, and I know everything. I know who's involved. I know everything. And I'll get the $100,000 for myself.
AUDIO RECORDING: I'll ask him to send the $5,000.
AUDIO RECORDING: Everybody knows what's going on.
AUDIO RECORDING: You know, you're saying everyone knows. I know I lost my ex-son-in-law. I did not have anything to do with it. That's why I said, ask him what...
AUDIO RECORDING: That's what my brother Tasso told me. He told me everything when we were in jail.
AUDIO RECORDING: He told me everything and who was involved. I know everything.
AUDIO RECORDING: Well, I don't. That's the problem. I am telling you, it's not me. It's not me.
AUDIO RECORDING: I have had a year of aggravation, a year and a half of aggravation over this. My daughter, my grandchildren — shoulder. It is not me. And when I asked my friends what do they think, they said, well, this person needs to get a description of you because of what you look like, or if you're... It's not me. I don't know who caused this. It wasn't me. I mean, I don't know.
AUDIO RECORDING: Just, just, just like that day when I talked to you, this is not going away. This is not going to go away. Because that's what — he told me everything. He wasn't being taken care of. He needed the 5K. Send 5K. That's all. That's all we were asking for. Don't — Don't do that. I don't know who Stottson is.
AUDIO RECORDING: You don't understand. We know — you don't know who Stottson is, but you know who Katie is. And you know the contacts Katie has, and she has — listen to me. Let's stop fucking around.
AUDIO RECORDING: Let's stop fucking around.
AUDIO RECORDING: Okay? You know who Katie is.
AUDIO RECORDING: And you know that Katie has somebody that knows Stottson.
AUDIO RECORDING: And they took care of a problem for you people.
AUDIO RECORDING: That's just the bottom line.
AUDIO RECORDING: The bottom line is you know who the fuck Katie is.
AUDIO RECORDING: Look, I don't... I'm not fucking around with it.
AUDIO RECORDING: You know who Katie is. You know that they took care of Katie and her people. Nobody's taking care of Tato. You — I know you don't know who Tato is, but we know. We know who all of you are. And this ain't going away. You know what? So I can give you that. You want then the 5K? Here's what you need to do. You need to go — Don't tell me what to do. I know what to do, and I'm doing it.
AUDIO RECORDING: You're looking for money. Get $100,000, or whatever the reward is.
AUDIO RECORDING: It isn't me. You have got the wrong person. That's why I said, ask your friends.
AUDIO RECORDING: You're Donna Adelson?
AUDIO RECORDING: Yes, I am.
AUDIO RECORDING: Well, I know. We know who's involved in all this.
AUDIO RECORDING: This is not making any sense. I mean, if you want the money, you should get it from the police. They can give you a whole lot more than you're asking me for money for someone. I just, I can't do this. I have had too much stress and too much aggravation from this, and I don't know what you are talking about. I just don't know.
AUDIO RECORDING: I just don't know. Oh, good. I think you should talk to Katie. Talk to your people that are involved in this.
AUDIO RECORDING: You'll know. You know — you know what's going on.
AUDIO RECORDING: That's why I'm telling you that.
AUDIO RECORDING: You can tell me all you fucking want, but I know you know.
AUDIO RECORDING: Because I know — because I heard, when I was locked up in Broward with my brother, he told me everything.
AUDIO RECORDING: Everything.
AUDIO RECORDING: He told me everything.
AUDIO RECORDING: I just wanted to take care of them, because fucking Katie was being taken care of with her fucking poodle.
AUDIO RECORDING: I just think, instead of asking me, you should get the money from the police. There's a lot of money out there, and I know — if you think you know who this is, then go ahead and do it, because I know it isn't me. I know it isn't me. And I can't take this kind of level of stress. I just can't. I know I didn't do anything.
AUDIO RECORDING: To talk to you, talk to people — you talk to the right people, you talk to people, you make this 5K come to me.
AUDIO RECORDING: That's all I need.
AUDIO RECORDING: Just do it and get it to me.
AUDIO RECORDING: Do it and get it to me. I'll put it there.
MS. CAPPLEMAN: Okay, so here we have Donna making the call.
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: And she refers the undercover to get the reward — to the police to get the reward, right?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: And then does she also report these incidents and what's been happening to law enforcement at that time?
PATRICK SANFORD: No, ma'am.
MS. CAPPLEMAN: Does anybody report these incidents and what's been happening — and this, the stalking and harassment that's been going on — does anybody report that to law enforcement?
PATRICK SANFORD: No, not at all.
MS. CAPPLEMAN: Do we have any evidence that Donna Adelson recorded that call with the undercover?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: Okay. Okay, let's go to CCC, please.
AUDIO RECORDING: Were there any questions? Any more comments from the patient?
AUDIO RECORDING: Uh, yeah. That's why, you know, those things always get aggravated, but I try not to let that bother me.
AUDIO RECORDING: Was it, uh, was it an ad?
AUDIO RECORDING: Oh, no. You know, I did, um, I loaded that new ad too. We'll have to share with you. I think it'll really be interesting.
AUDIO RECORDING: Okay, so you had — how long was the talk?
AUDIO RECORDING: Eight.
AUDIO RECORDING: Eight minutes?
AUDIO RECORDING: For the patient for eight minutes?
AUDIO RECORDING: Do they get any press or anything?
AUDIO RECORDING: Yeah, I thought it was very interesting. But I definitely want you to, you know — I'll tell you about the patient tomorrow, but I wanted to make sure I got the stuff to you. So, is that too early for you?
AUDIO RECORDING: It kind of is. I mean, I can do it if you want.
AUDIO RECORDING: I know. I could do it at 9, but that would be the latest. We have to get up to Boca and back to Fort Lauderdale in a tight time frame. That's the only reason. And then I know we'll be leaving at 11. What time do you have to be at Boca?
AUDIO RECORDING: By 10.
AUDIO RECORDING: 12.
AUDIO RECORDING: Is it by 12 or 12:30?
AUDIO RECORDING: Okay, I was going to take the Boca at 12:30. If you want, I can wait a little bit.
AUDIO RECORDING: So, you know what? I thought you were leaving at 11. That was the problem. No, no, I was going to — I'll leave at 12:31, and I'll make sure you have that done. Yeah, I'll give you a call when we're leaving Boca. How's that? So it will be definitely after 11.
AUDIO RECORDING: Okay. Definitely. Yeah. But I'll call you from Boca.
AUDIO RECORDING: Okay. What is that? Were they real popular?
AUDIO RECORDING: Very.
AUDIO RECORDING: Very? Yeah.
AUDIO RECORDING: That's interesting too. Yeah, it is. So let me call you from then, so that way I can make sure that the time is good for you, and that's when I will get to see you. Okay?
AUDIO RECORDING: Okay, that's awesome. That's actually all very, very, very, very difficult. Yeah, it is.
AUDIO RECORDING: Because that's an excellent, excellent time. Yeah. So you go, enjoy your evening, say hello to June for me, and I don't think you'll call me until we leave. Can I tell you something? Remember that lady that had it with that barber? Yeah, the — daughter, when she got on the phone, she was so to the point, and it was a threat, and it said, Thursday, return the check, I'm going to my attorney, we're filing a suit, and we're going to court.
AUDIO RECORDING: That's it.
AUDIO RECORDING: So, which way is it going to be? It was literally — she's close to the point.
AUDIO RECORDING: I mean, that's...
AUDIO RECORDING: Oh, go ahead. I will do this. I will wait to take the phone out, even if my friends are here when you're here.
AUDIO RECORDING: What I'll do is I'll go sit in the car with you and we'll talk and go over the case, as long as that has the models.
AUDIO RECORDING: Yeah, I think that's what the models are going to show you. I cannot forget the panties that I need.
AUDIO RECORDING: No, I know. I know that. I've got them all packed up ready. I will write to you tomorrow. Love you.
AUDIO RECORDING: Yeah, that's good. Love you too.
MS. CAPPLEMAN: Okay, if we could go to the next day, May 7th, 2016.
MS. CAPPLEMAN: I'm sorry, that's the same day.
MS. CAPPLEMAN: We're going from 11...
MS. CAPPLEMAN: Have I gone to the next day?
MS. CAPPLEMAN: Okay, I'm sorry.
MS. CAPPLEMAN: DDD is what I'm trying to go to.
AUDIO RECORDING: Hello. Hey, how are you? Good.
AUDIO RECORDING: Good. How are you doing?
AUDIO RECORDING: 100%.
AUDIO RECORDING: 100% what?
AUDIO RECORDING: Oh, yeah.
AUDIO RECORDING: Is it a lot?
AUDIO RECORDING: It's like the track.
AUDIO RECORDING: I mean, you're old school, you know? I know. I know.
AUDIO RECORDING: Did you already be singing a lot when you were tall?
AUDIO RECORDING: No.
AUDIO RECORDING: How's the cuticle length? Hot belly pig.
AUDIO RECORDING: Do you know what a pig is?
AUDIO RECORDING: Are you serious?
AUDIO RECORDING: Yeah.
AUDIO RECORDING: There are, there are...
AUDIO RECORDING: What? You can't hear because there's music behind me. I can't — wait to hear them. You're pretty single. I know. It's playing in the background right now.
AUDIO RECORDING: Oh yeah?
AUDIO RECORDING: Do you think it's gonna make good hits?
AUDIO RECORDING: Yeah?
AUDIO RECORDING: We're like out.
MS. CAPPLEMAN: Is law enforcement commonly referred to as PIGS?
PATRICK SANFORD: Yes, that's correct.
MS. CAPPLEMAN: And this was the last call that I included. Are there several more discussing how sure he is that it is, in fact, law enforcement after reviewing this call that the mother made?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: Okay. And in this call, he says it's fantastic. Is there a lot of enthusiastic talk about that realization?
PATRICK SANFORD: Yes, by him. Yes.
MS. CAPPLEMAN: Could we show State's 59, please?
MS. CAPPLEMAN: Before we're on the wire, did the defendant talk about the bump — the interactions with law enforcement, bumps I should say — with anyone other than Katherine Magbanua or Donna Adelson?
PATRICK SANFORD: Possibly just his father, Donna Adelson.
MS. CAPPLEMAN: And what about Katherine Magbanua? Does she talk to anyone other than the defendant and Sigfredo Garcia about the bump or the bumps?
PATRICK SANFORD: No, that's the only two.
MS. CAPPLEMAN: Okay. And — Even after the hundred-and-thousand-percent fantastic realization this was just law enforcement fishing, does anybody go to law enforcement and report what had happened?
PATRICK SANFORD: No, they don't.
MS. CAPPLEMAN: No further questions.
JUDGE EVERETT: Cross-examination.
MR. RASHBAUM: Thank you. We meet again. Good afternoon.
PATRICK SANFORD: Good afternoon, sir.
MR. RASHBAUM: Your investigation revealed that Louis Rivera used burner phones in connection with this murder, right?
PATRICK SANFORD: Um, he used one during the murder, yes, that he threw away.
MR. RASHBAUM: Right.
PATRICK SANFORD: Uh, we don't know what he did with the actual phone, but he quit using it after the murder.
MR. RASHBAUM: Okay. Um, Sigfredo used burner phones as well, right?
PATRICK SANFORD: Uh, we're aware of him using one during the murder too.
MR. RASHBAUM: And you heard about on the wire that he was going to use a burner phone, right?
PATRICK SANFORD: He talked about getting rid of his phone after he used it.
MR. RASHBAUM: Correct. I don't remember her saying she was going to get rid of the phone. Do you recall Sigfredo Garcia telling Katherine Magbanua on the wires we need to go get new phones?
PATRICK SANFORD: They did go get new phones eventually, after we interviewed them. They went to Walmart to buy two phones.
MR. RASHBAUM: Right?
PATRICK SANFORD: Correct. After we had — I interviewed Sigfredo, and she was attempted to be interviewed.
MR. RASHBAUM: Correct. After Sigfredo Garcia was arrested, uh, Katherine Magbanua only used, to your knowledge, her burner phone, right?
PATRICK SANFORD: No, she still used both phones, but she used them in very limited capacity.
MR. RASHBAUM: There's no evidence that Charlie Adelson ever used a burner phone, right?
PATRICK SANFORD: Not that we — not that we were able to establish during the wires. He always used the same phone.
MR. RASHBAUM: Correct. The cell phone, correct, with WhatsApp.
PATRICK SANFORD: Fair enough.
MR. RASHBAUM: There's no evidence that he ever went and bought a burner phone, right?
PATRICK SANFORD: I — have not collected that evidence of a burner phone. We did have witnesses that we interviewed make reference to him having more than one phone, but we never were able to establish that, never were able to corroborate that.
MR. RASHBAUM: Right?
PATRICK SANFORD: No.
MR. RASHBAUM: And in fact, when he was arrested eight years after the murder, six years after everyone else was arrested, he had the same phone number, right?
PATRICK SANFORD: I believe he did. He —
MR. RASHBAUM: — used that same phone number for more than a decade, right?
PATRICK SANFORD: That's roughly correct, yes.
MR. RASHBAUM: Okay. Now, the day before Sigfredo Garcia's arrest, law enforcement went to his place of work and tried to interview him, right?
PATRICK SANFORD: That's correct. I did.
MR. RASHBAUM: Did you say you did?
PATRICK SANFORD: Yes, sir.
MR. RASHBAUM: And you believe that he lied during the interview, obviously, right?
PATRICK SANFORD: Yes, sir.
MR. RASHBAUM: Now, at the same time that Sigfredo Garcia was being interviewed, other law enforcement went to the place where they were living, him and Katie, and knocked on the door and tried to interview her, right?
PATRICK SANFORD: That's correct.
MR. RASHBAUM: And she hid, right?
PATRICK SANFORD: She did.
MR. RASHBAUM: And you know she hid because you heard on the wires that she was making calls to a lot of people, right?
PATRICK SANFORD: That's correct.
MR. RASHBAUM: On all the people that she was calling on the wires, she never calls Charlie Adelson, right?
PATRICK SANFORD: When she's hiding — during — while she's hiding just during that hour-long scenario, I don't believe she did, but I was in Miami. I wasn't monitoring the wire then.
MR. RASHBAUM: But you have put in all the wires here, so you've reviewed them, right?
PATRICK SANFORD: Yes, long time ago.
MR. RASHBAUM: And in reviewing the wires, will you take my representation that she called three people and none of them were Charlie Adelson?
PATRICK SANFORD: Sure, that sounds accurate.
MR. RASHBAUM: And from the calls that you have reviewed and listened on the wires, it was obvious to her — in fact, she said it on the calls — that the police were outside her house, right?
PATRICK SANFORD: Correct.
MR. RASHBAUM: So if she testified before this jury that she had no idea the police were outside her house because they didn't announce themselves, that would be a lie, right?
PATRICK SANFORD: I believe at the beginning she might not have known. By the end of it, I believe she did know, yes.
MR. RASHBAUM: Okay. Fair to say at some point when she was hiding in the house, she knew that the FBI and the police — maybe not the FBI, but she knew that law enforcement — were at her front door, right?
PATRICK SANFORD: Yes, I believe she did.
MR. RASHBAUM: The next day — when Sigfredo Garcia was arrested the next day, right?
PATRICK SANFORD: That's correct, the next evening.
MR. RASHBAUM: And when he was arrested, Katherine Magbanua left her townhouse with the kids and never came back, right?
PATRICK SANFORD: No, that's incorrect.
MR. RASHBAUM: That's incorrect? She went back to live in that townhouse?
PATRICK SANFORD: No, she didn't live in that house the night after we conducted the interview of Sigfredo.
MR. RASHBAUM: Okay. Then she left?
PATRICK SANFORD: Yes.
MR. RASHBAUM: Okay. And she never came back?
PATRICK SANFORD: Correct.
MR. RASHBAUM: Fair enough.
MR. RASHBAUM: Law enforcement didn't know where she was for a while, right?
PATRICK SANFORD: Correct. She was keeping her phones off. We knew she was still in the state of Florida, but it would give us a brief indication, and then yes, we didn't know where she was at all times for sure — her exact location.
MR. RASHBAUM: You were worried that she had fled, right?
PATRICK SANFORD: I wasn't worried she fled the state. I knew she had turned her phone off and was eluding us.
MR. RASHBAUM: Did Charlie Adelson turn off his phone after the arrest?
PATRICK SANFORD: No, he just stopped using it for quite a significant period.
PATRICK SANFORD: Quit using it regularly, I should say.
MR. RASHBAUM: Aren't there a lot of calls after the arrest between Charlie Adelson on his phone?
PATRICK SANFORD: Of insignificance, just like work calls and things like that.
MR. RASHBAUM: Fair enough. Right. But I want to make sure the jury understands, he continued to use his phone, right?
PATRICK SANFORD: He did, in a different capacity, in my opinion.
MR. RASHBAUM: But he continued to use his phone, Special Agent, right?
PATRICK SANFORD: Yes, sir, he did.
MR. RASHBAUM: He didn't get a new phone?
PATRICK SANFORD: Not that we know of.
MR. RASHBAUM: He didn't change his number?
PATRICK SANFORD: Correct.
MR. RASHBAUM: He went to work?
PATRICK SANFORD: Correct.
MR. RASHBAUM: He didn't flee his house?
PATRICK SANFORD: Not that we know of, no.
MR. RASHBAUM: Well, when you arrested him six years later, was he in the same house he was that night?
PATRICK SANFORD: Yes.
MR. RASHBAUM: Okay. You say that night — that morning — had he been living in that house pretty much continually for the next six years?
PATRICK SANFORD: I'm aware that he had a couple of different houses. I'm not sure if he — I don't know if he stayed in the house all the time or not, because I didn't keep tabs on him every day.
MR. RASHBAUM: Okay, fair enough. But when you went to arrest him, you knew where to go, right?
PATRICK SANFORD: We found him there, yes.
MR. RASHBAUM: And you knew where to go because that — that was his main residence, right?
PATRICK SANFORD: Correct. It was still his residence of some record.
MR. RASHBAUM: That had been his residence for the entire time since 2014, correct? I'm not saying he didn't have other residences, but that was the place where he primarily lived, correct?
PATRICK SANFORD: He still owned the house. I believe on his driver's license he had a different address. He changed it.
MR. RASHBAUM: Okay. Now, it was made public, the arrest of Rivera and Sigfredo, in May 2016, correct?
PATRICK SANFORD: Correct, right after his arrest, correct.
MR. RASHBAUM: And Charlie Adelson didn't flee?
PATRICK SANFORD: Not that I know of.
MR. RASHBAUM: Well, you didn't have to go on a manhunt for him, right?
PATRICK SANFORD: Not years later. We didn't look for him immediately right then.
MR. RASHBAUM: There were news reports — 20/20 primetime specials — in September 2016.
MR. RASHBAUM: He didn't flee?
PATRICK SANFORD: Correct, not that I'm aware of.
MR. RASHBAUM: There was a probable cause affidavit leaked to the media in September 2016. Are you aware of that?
PATRICK SANFORD: I am aware of it, yes.
MR. RASHBAUM: And that probable cause affidavit was over 20 pages long?
PATRICK SANFORD: I don't recall, if that sounds right.
MR. RASHBAUM: It was very detailed?
PATRICK SANFORD: It was.
MR. RASHBAUM: Much of the evidence that came in this courtroom in the last week was in that report, right?
PATRICK SANFORD: That's correct.
MR. RASHBAUM: And it was against Charlie Adelson, right?
PATRICK SANFORD: Some of it was, yes.
MR. RASHBAUM: And when that was released, he didn't flee, right?
PATRICK SANFORD: Not that I'm aware of.
MR. RASHBAUM: Katherine Magbanua was arrested in October 2016, right?
PATRICK SANFORD: Correct.
MR. RASHBAUM: He didn't flee, right?
PATRICK SANFORD: Not that I'm aware of, no.
MR. RASHBAUM: Sigfredo Garcia was convicted at trial in 2019.
MR. RASHBAUM: Charlie Adelson didn't flee, right?
PATRICK SANFORD: That's correct.
MR. RASHBAUM: The state announced its intention to retry Katherine Magbanua after the jury hung in 2019.
MR. RASHBAUM: Again, he didn't flee, right?
PATRICK SANFORD: Not that I'm aware of.
MR. RASHBAUM: And in the months leading up to her trial, he didn't flee, correct?
PATRICK SANFORD: Correct.
MR. RASHBAUM: Now, he did travel out of the country many times, right?
PATRICK SANFORD: I believe so, yes.
MR. RASHBAUM: And he traveled to some places where extradition is — at least we could say — difficult.
PATRICK SANFORD: Could be.
MR. RASHBAUM: He — always came back, right?
PATRICK SANFORD: Yes.
MR. RASHBAUM: Now, during the course of your investigation, did you review text messages between Katie and Charlie?
PATRICK SANFORD: Yes.
MR. RASHBAUM: And did you learn that Katie wanted a longer, deeper relationship with Charlie as time went on?
PATRICK SANFORD: I don't know if I recall that. There was a lot of back and forth.
MR. RASHBAUM: Fair enough.
MR. RASHBAUM: Did you learn that Charlie didn't feel the same way?
PATRICK SANFORD: I don't know if I recall that either.
MR. RASHBAUM: Did you see text messages where he said, "I don't want to get married, I don't want two kids," to that effect?
PATRICK SANFORD: Possibly. I mean, it's probably in there somewhere. There was a lot of back and forth between him and other females that I could be getting confused.
MR. RASHBAUM: Do you recall him talking to a friend in text messages, talking about a trip he was going to take with Katie in the early to mid-summer before the murder, where he told his friend it's the goodbye tour?
PATRICK SANFORD: That sounds familiar.
MR. RASHBAUM: Did you learn that Katie and Charlie broke up within weeks after the murder?
PATRICK SANFORD: My understanding was possibly right around the time of the murder. I'm not sure of the exact timing of it, though.
MR. RASHBAUM: Fair enough.
MR. RASHBAUM: Now, we listened to a lot of calls.
MR. RASHBAUM: Katie lies to Charlie when she told him that she would call the undercover, right?
PATRICK SANFORD: Correct. She lied to Charlie when she told him that she called the undercover and there was no answer.
MR. RASHBAUM: She lied to Charlie when she told him that the undercover number was a non-working number, right?
PATRICK SANFORD: Correct.
MR. RASHBAUM: Non-working number would be like in the old days where it goes "beep," right?
PATRICK SANFORD: That's my understanding.
MR. RASHBAUM: She lied to Charlie when she said she called the undercover and got an answering machine.
MR. RASHBAUM: When she called the undercover.
PATRICK SANFORD: Correct. She was not the one that made the call.
MR. RASHBAUM: Correct.
MR. RASHBAUM: She lied to Charlie when she said she left a threatening message. She left a threatening message?
PATRICK SANFORD: Correct.
MR. RASHBAUM: On the undercover's voicemail.
PATRICK SANFORD: Correct.
MR. RASHBAUM: By the way, Sigfredo Garcia may have called the voicemail, but he didn't leave any message, right?
PATRICK SANFORD: No, that's correct. He did not. He didn't leave a threatening message.
MR. RASHBAUM: No. Another lie by Katie to Charlie, correct?
PATRICK SANFORD: Correct. Or by Sigfredo, one of the two.
MR. RASHBAUM: After her conviction, Katherine Magbanua was sentenced to life imprisonment without the possibility of parole, right?
PATRICK SANFORD: Correct.
MR. RASHBAUM: And about a month after she was sentenced, she decided she wanted to cooperate.
PATRICK SANFORD: I don't know the timing of it.
MR. RASHBAUM: Fair enough. At some point after her sentencing, she wanted to cooperate, right?
PATRICK SANFORD: Correct.
MR. RASHBAUM: And she met with law enforcement, uh, at least twice. You were there two times?
PATRICK SANFORD: That's correct.
MR. RASHBAUM: And you met for hours. I—
PATRICK SANFORD: Wouldn't... the first time, I think, was probably less than an hour, around an hour. The second time I met with her was probably less than an hour.
MR. RASHBAUM: If I told you the first time was two hours and 12 minutes, would you believe me? That's what it shows — us sitting in the room with her for two hours and 12 minutes. That's what the notes say.
PATRICK SANFORD: Okay. If that's what the video shows.
MR. RASHBAUM: And fair enough. Nonetheless, you met with her twice.
PATRICK SANFORD: Okay.
MR. RASHBAUM: She was placed under oath?
PATRICK SANFORD: Yes.
MR. RASHBAUM: We'll start with the first meeting. You believe she continued to lie?
PATRICK SANFORD: Correct.
MR. RASHBAUM: You even tried to stop the interview the first time?
PATRICK SANFORD: Correct. I didn't stop the interview. I tried to relay to her that, yes, it was in her best interest to tell the truth.
MR. RASHBAUM: You didn't believe her?
PATRICK SANFORD: I didn't believe a lot of the...
MR. RASHBAUM: Say that one more time.
MS. CAPPLEMAN: Objection. Speculation. He can't give opinions about other witnesses.
JUDGE EVERETT: Sustained.
MR. RASHBAUM: Were you frustrated?
PATRICK SANFORD: Somewhat. Of some certain things, I was, yes.
MR. RASHBAUM: Was she telling you things... We'll go to your second interview of her.
MR. RASHBAUM: Were you frustrated in the second interview as well?
PATRICK SANFORD: Yes, I was.
MR. RASHBAUM: You didn't believe she was being... I'll withdraw.
MR. RASHBAUM: During her second interview, at one point, you said to her, "What you are telling us just doesn't make sense." Do you recall telling her that?
PATRICK SANFORD: That sounds about right.
MR. RASHBAUM: And this wasn't her first trial when she testified, right?
MR. RASHBAUM: I mean, I know you didn't believe her then, but this was during her proffers, right?
PATRICK SANFORD: Yes.
MR. RASHBAUM: This was just less than a year ago, right?
PATRICK SANFORD: I don't remember the date. That sounds right.
MR. RASHBAUM: The bump was an extortion, right?
PATRICK SANFORD: It was an attempt at extortion, correct. Somewhat.
MR. RASHBAUM: But what law enforcement didn't know is that an extortion had already happened, right?
PATRICK SANFORD: I don't believe there was an extortion prior.
MR. RASHBAUM: What law enforcement didn't understand is that the things said on the recording related to the fact that there had already been an earlier extortion.
PATRICK SANFORD: I disagree.
MR. RASHBAUM: Do you recall on the recordings, repeatedly, Charlie Adelson is talking about the characteristics of the person who did the bump?
PATRICK SANFORD: Yes.
MR. RASHBAUM: He's saying things like, he used his phone, he's not disguising himself, he's not giving 48 hours, he's not making a threat. Do you recall that?
PATRICK SANFORD: I do.
MR. RASHBAUM: Did it seem like he was comparing it to something else?
PATRICK SANFORD: To me? Yes. It seemed like he was comparing it to a TV show.
MR. RASHBAUM: Fair enough.
MR. RASHBAUM: Because you don't know what happened on July 18th, 2014, right?
PATRICK SANFORD: July 18th, 2014?
MR. RASHBAUM: You don't know what happened on the evening of July 18th, 2014, in Charlie Adelson's house, right?
PATRICK SANFORD: Oh, you're referring to the day of the murder. I know what happened on that day, but not that evening, no.
MR. RASHBAUM: You don't know what happened in his house that night, right?
MR. RASHBAUM: During the bump, Charlie's way of calming his mom down — a co-conspirator, right? You consider her a co-conspirator?
PATRICK SANFORD: I do, yes.
MR. RASHBAUM: Charlie's way of calming down his mom, a co-conspirator, was telling her that he thought it was the police, right?
PATRICK SANFORD: That was one way, yes.
MR. RASHBAUM: So let me get this straight — two people who have just done a murder prefer the bump to be a policeman rather than another co-conspirator or another bad guy?
PATRICK SANFORD: Correct.
MR. RASHBAUM: The — The only people who actually spoke to the undercover was Charlie Adelson and Donna Adelson, correct?
PATRICK SANFORD: Correct.
MR. RASHBAUM: And when they spoke to the undercover, they used their phones. Let— Let me be more — let me be more precise. Okay. When Charlie Adelson spoke to the undercover, he used his cell phone. He used —
PATRICK SANFORD: Yes.
MR. RASHBAUM: And he blocked his number when he called?
PATRICK SANFORD: Yes.
MR. RASHBAUM: He star-67'd, correct? He used his cell phone, though?
PATRICK SANFORD: Correct. I... I believe he did. I can't remember the exact dial digits that it came from.
MR. RASHBAUM: Fair enough.
MR. RASHBAUM: Now, The calls that you put in — you can read the words, but there's some guessing as to the meaning, correct, of what they're talking about?
PATRICK SANFORD: It could be, yes.
MR. RASHBAUM: And Dolce Vita, in particular, you can't hear a lot of what Katie Magbanua was saying, correct?
PATRICK SANFORD: It's hard to hear a lot of it, yes.
MR. RASHBAUM: There's about a hundred "unintelligibles" when she is speaking, correct?
PATRICK SANFORD: Correct.
MR. RASHBAUM: And there's a missing chunk of that meeting before the recording even starts, right?
PATRICK SANFORD: Correct. They got in the vehicle first before they went into the restaurant.
MR. RASHBAUM: And let's talk about them getting in that vehicle.
MR. RASHBAUM: So before they get to Dolce Vita, Charlie Adelson and Katie Magbanua will meet in a car.
PATRICK SANFORD: He pulls up and she comes out of her office and gets in the car, yes.
MR. RASHBAUM: How long are they in that car for?
PATRICK SANFORD: It's an approximation — around 10, 15 minutes.
MR. RASHBAUM: I think you're right. And you don't know what was said in that car, right?
PATRICK SANFORD: No.
MR. RASHBAUM: Now, during this bump, you— All are listening on the wires, right?
PATRICK SANFORD: Correct.
MR. RASHBAUM: And no one's paying the money.
PATRICK SANFORD: Correct.
MR. RASHBAUM: And part of what you're hearing is that the threats aren't big enough.
PATRICK SANFORD: No, I disagree with that.
MR. RASHBAUM: Okay. Let me ask it this way. Okay. It starts with a bump on the street, right?
PATRICK SANFORD: Right.
MR. RASHBAUM: And we watched it. The gentleman who's playing the lying king, he's a little bit polite. Can we say that?
PATRICK SANFORD: Correct. He's the nicest lying king I've ever seen in my life.
PATRICK SANFORD: Correct. There's reasons.
MR. RASHBAUM: The next event that happens is, well, there's a bunch of events, but let me tell you the next progression.
MR. RASHBAUM: A letter is delivered to Donna and Harvey Adelson's apartment.
PATRICK SANFORD: That's correct.
MR. RASHBAUM: So now you've gone from the street to the apartment, right?
PATRICK SANFORD: That's correct.
MR. RASHBAUM: And the letter is a little more threatening, a little bit. And still no one pays.
PATRICK SANFORD: Correct.
MR. RASHBAUM: And then there's a couple calls to the office.
PATRICK SANFORD: There's a call to the office.
MR. RASHBAUM: Correct. Still no one pays.
PATRICK SANFORD: Correct.
MR. RASHBAUM: And then there's a text message that comes at like 2 or 3 in the morning to Donna Adelson, right?
PATRICK SANFORD: Yes.
MR. RASHBAUM: And the timing is kind of important, right?
PATRICK SANFORD: Um, it could be taken that way.
MR. RASHBAUM: And the text message is definitely more threatening.
PATRICK SANFORD: Yes.
MR. RASHBAUM: Going to the wires very briefly.
MR. RASHBAUM: Don't worry, I'm not going to go over them all with you.
PATRICK SANFORD: Thank you.
MR. RASHBAUM: Do you recall some wires around April 26th where Katie and Sigfredo are fighting?
PATRICK SANFORD: Of '16?
MR. RASHBAUM: Yes. And some wires that were not played in court.
MR. RASHBAUM: But do you recall that they were fighting about something completely different than this case?
PATRICK SANFORD: Could have been.
MR. RASHBAUM: They were fighting about a girl that Sigfredo found, I'm sorry, that Katie found on Sigfredo's cell phone.
PATRICK SANFORD: Sounds vaguely familiar.
MR. RASHBAUM: With a tattoo.
PATRICK SANFORD: I don't remember that part.
MR. RASHBAUM: And do you recall that the day before or two days before the letter law enforcement sends a letter to Donna and Harvey Adelson, that Katie actually leaves the house? She leaves him.
PATRICK SANFORD: I do recall her leaving the house at some point. I don't remember the timing though.
MR. RASHBAUM: And the call that Ms. Cappleman played for you where they're fighting, Sigfredo in the beginning of the call thinks that she's talking about — like, he says, you need to make an appointment to see your son. Recall that?
PATRICK SANFORD: Yes.
MR. RASHBAUM: And it's because she has just left the house the day before.
PATRICK SANFORD: Sounds correct. She's left him.
MR. RASHBAUM: Correct.
MR. RASHBAUM: And she says to him in the text message, listen, I got to talk to you about something else.
PATRICK SANFORD: Yes.
MR. RASHBAUM: You recall that?
PATRICK SANFORD: I do.
MR. RASHBAUM: And you recall that Charlie Adelson finds out that these two are having problems and he freaks out, remember?
PATRICK SANFORD: That, I remember him talking to her about their separation and trying to encourage her.
MR. RASHBAUM: And he's encouraging her to get back together with him, right?
PATRICK SANFORD: I do remember that.
MR. RASHBAUM: By the way, Ms. Cappleman asked you, after the last bump text in the early morning by Donna Adelson, she asked you if anyone actually told the undercover, "go to the police and collect your reward." Do you remember her asking you that question?
PATRICK SANFORD: I thought that was before that text message.
MR. RASHBAUM: Well, let's just make this clear, whether it's before or after.
PATRICK SANFORD: Okay.
MR. RASHBAUM: Isn't it true that that's precisely what Ms. Adelson, Donna Adelson, told the undercover?
MR. RASHBAUM: "If you have information, go to the police." She did, at that point.
PATRICK SANFORD: That's correct.
MR. RASHBAUM: Right? That's what she said. On that call.
MR. RASHBAUM: Now, she didn't want to go to the police.
MR. RASHBAUM: She never went to the police, right?
PATRICK SANFORD: Correct.
MR. RASHBAUM: Charlie never went to the police.
PATRICK SANFORD: No.
MR. RASHBAUM: And you don't know why.
MR. RASHBAUM: You guess why, but you don't know why.
PATRICK SANFORD: There's reasonable belief, yes.
MR. RASHBAUM: But you don't know why he didn't go to the police.
PATRICK SANFORD: Can't read his mind, though.
MR. RASHBAUM: May— May I have one moment, Your Honor? Looking at those text messages, by the way, after the night of July 18th, do you see a decrease in text messages initially? So if you're looking at July to September, between Charlie Adelson and Katherine Magbanua?
PATRICK SANFORD: A decrease in text messages — you're talking about 2014?
MR. RASHBAUM: Yeah, initially.
PATRICK SANFORD: I'd have to go back and look. I don't recall.
MR. RASHBAUM: Do you see that the relationship though, as time goes on, gets stronger? Not boyfriend, girlfriend, but does definitely get stronger?
PATRICK SANFORD: I don't recall.
MR. RASHBAUM: Call. I want to just make sure that something was clear yesterday, because I think it was a little confusing, and I don't think it was on purpose, but I want to make sure that the facts are clear.
MR. RASHBAUM: After Professor Markel was murdered, Wendi Adelson gave complete access to the Markels. Isn't that true?
PATRICK SANFORD: Until the email was sent.
PATRICK SANFORD: Complete access, but I believe — I know when that email was sent there were things that were cut off.
MR. RASHBAUM: Fair enough. But before the email was sent, there was a different type of access. There was better access.
PATRICK SANFORD: I could say that.
MR. RASHBAUM: Do you recall — and you know what, let me set it up first. It might take a second, Your Honor.
JUDGE EVERETT: Go ahead.
MR. RASHBAUM: SX — it's your Exhibit 130, one of the wires.
MR. RASHBAUM: Call 989.
MR. RASHBAUM: Do you recall the date of the call?
PATRICK SANFORD: Which one?
MR. RASHBAUM: The first call. I think that was played yesterday. It was a call about Charlie and Donna's affection for Dave.
PATRICK SANFORD: Sure, I remember — I remember several of them, but —
MR. RASHBAUM: And do you recall that Miss Cappleman played 19 minutes and 11 seconds of that call and then she stopped it?
PATRICK SANFORD: I don't recall how much or when, but that's possible, yes.
MR. RASHBAUM: Well, let me play when it was stopped. Okay.
MR. RASHBAUM: While we work on this — Before I ask a question, go ahead.
AUDIO RECORDING: Make money. They already have their kids.
MR. RASHBAUM: Did it work in the headphones?
COURT STAFF: No.
MR. RASHBAUM: All right, well, I think — I think you can hear me.
MR. RASHBAUM: I'm going to play — I'm going to play you at 20 minutes and 20 seconds.
AUDIO RECORDING: I'm looking to make a home.
AUDIO RECORDING: I want to make money. They already have their kids. I'm not looking to make a home.
AUDIO RECORDING: She moves it to those kids.
AUDIO RECORDING: Yeah.
AUDIO RECORDING: She has an opportunity that she would throw in the garbage. And then these kids — and believe me, that's it. They're not going to have another dad.
AUDIO RECORDING: No. Well, it was a tragedy. If they had a dad, it was a tragedy. What happened?
MR. RASHBAUM: 20 minutes and 25 seconds into the call — about two minutes after Ms. Cappleman stopped it — Charlie Adelson says it's a tragedy what happened to their dad, right?
PATRICK SANFORD: Yes, he did.
MR. RASHBAUM: And that was in response to his mom saying Dave would be a great dad, right?
PATRICK SANFORD: Correct.
MR. RASHBAUM: And Charlie says they already had a dad and it was a tragedy what happened to him.
PATRICK SANFORD: He did.
MR. RASHBAUM: When Charlie Adelson said that on this call that was stopped before this jury — when he said that on that call, that's before the bump?
PATRICK SANFORD: I believe it was, yes.
MR. RASHBAUM: That's 21 months after the murder, correct? He had no idea whatsoever that he was being recorded.
PATRICK SANFORD: I would probably disagree with that, but the other stuff —
MR. RASHBAUM: Remember yesterday — she brought in other stuff about Dave and she asked you those same questions. She said this is before the bump — your caller asking you that —
PATRICK SANFORD: Yeah, is before the bump.
MR. RASHBAUM: And she said it was almost two years after the murder?
PATRICK SANFORD: Correct.
MR. RASHBAUM: I'll leave it at that, Agent. No further questions.
JUDGE EVERETT: Redirect examination.
MS. CAPPLEMAN: Being two years after the murder, they're still screwing around in Wendi's love life. That's what happened.
PATRICK SANFORD: That is correct.
MS. CAPPLEMAN: A couple other things. You were asked about — Mr. Rashbaum referred to it as the goodbye tour, I recalled it as the farewell tour, but you know what we're talking about — the breakup trip between Katherine Magbanua and this defendant, early July, I believe. Okay. Is it your recollection that that was the end of their — that actually was the end of their relationship? Or is there evidence that they continued seeing each other for some time after that?
PATRICK SANFORD: I believe there was a little bit of — I believe there was some seeing after that.
MS. CAPPLEMAN: Okay. With the text messages, refresh your recollection on that.
PATRICK SANFORD: They would — they would. It's been a while.
MS. CAPPLEMAN: Does that — refresh your recollection?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: So when does it appear that Katherine Magbanua and the defendant broke up?
PATRICK SANFORD: It appears like in August. Around August 25th.
MS. CAPPLEMAN: Around August 25th of 2014?
PATRICK SANFORD: 2014.
MS. CAPPLEMAN: All right. And did they continue to stay in contact, to varying degrees, throughout the time from their breakup to the arrests in the States?
PATRICK SANFORD: Yes, they did.
MS. CAPPLEMAN: Did you have an opportunity during your investigation to conduct any surveillance on Katherine Magbanua and Sigfredo Garcia?
PATRICK SANFORD: Yes, we did.
MS. CAPPLEMAN: All right. And did you — well, — let me ask you if you've ever worked on or heard of a case where an extortionist commits their crimes wearing a fake Abe Lincoln beard and a floppy hat.
MS. CAPPLEMAN: Did you ever observe Katherine Magbanua or Sigfredo Garcia dressed like that?
PATRICK SANFORD: No, I didn't.
MS. CAPPLEMAN: No further questions.
JUDGE EVERETT: You may step down, Agent.