1.Patrick Sanford — Direct/Cross/Redirect
3,366 linesPROCEEDINGS
JUDGE EVERETT: Everyone can be seated.
As a brief reminder so we don't have to address what took place yesterday, please silence your phones or turn them off at this time. Also, do not engage in any behaviors that will be distracting to the jurors.
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 he can take his seat.
Good morning, Agent.
Good morning, sir.
JUDGE EVERETT: Is any of the reporting pool today taking still photography?
AUDIO RECORDING: Yes.
JUDGE EVERETT: There has been a request from the jurors, do not aim the camera at them.
AUDIO RECORDING: Absolutely.
JUDGE EVERETT: I'm going to assume the Court's order has been complied with, that no pictures are being taken of the jurors.
AUDIO RECORDING: Yes, Sir.
JUDGE EVERETT: 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 that.
AUDIO RECORDING: Yes.
JUDGE EVERETT: Please bring them in.
(Jury returned to the courtroom at 8:50 a.m.)
JUDGE EVERETT: Everyone can be seated.
Good morning, members of the jury.
JUROR: Good morning.
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 we're ready.
MS. CAPPLEMAN: Thank you, Your Honor.
DIRECT EXAMINATION CCONTINUED)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: So where we left off was the Dolce Vita recording. There were several examples given in that recording by the Defendant about rental cars. 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: 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: 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: 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: Let's go to Demo B, please.
MS. CAPPLEMAN: Judge, I'd ask to publish Demo B at this point.
JUDGE EVERETT: You may.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: 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 an =ex-girlfriend. Charlie Adelson then calls Katherine Magbanua. 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 Call F on our exhibit.
JUDGE EVERETT: You can proceed.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
DONNA ADELSON: Hey, honey, how are you?
CHARLIE ADELSON: Hey, what's going on?
DONNA ADELSON: I'm sitting here watching the boys at their tennis (inaudible). They are having a wonderful time.
CHARLIE ADELSON: Oh, that's awesome.
DONNA ADELSON: Yeah, but I was concerned because I thought they had only (inaudible) private lessons, but they're having fun because, you know, there's six kids on the court, so -- and they're all about the same level, so they're having fun with this.
CHARLIE ADELSON: Oh, that's fantastic.
DONNA ADELSON: Yeah. So how is your day going?
CHARLIE ADELSON: It's good. It's good. I'm just leaving -- I just drank some coffee with a friend, and -- and it was good. I'm actually going to -- maybe -- everything's good.
DONNA ADELSON: Everything -- yeah --
CHARLIE ADELSON: So --
DONNA ADELSON: -- everything's fine?
CHARLIE ADELSON: Yeah, yeah. Just helping her out with some relationship advice, so --
DONNA ADELSON: Oh, okay.
CHARLIE ADELSON: Yeah. She may come by and see me tomorrow actually too. She had to go back to work. So I think she's going to come maybe to my office tomorrow or another office and talk to her some more. I gave her some good advice.
DONNA ADELSON: Yeah?
CHARLIE ADELSON: And she's just sleeping on it.
DONNA ADELSON: Okay. Oh, good.
CHARLIE ADELSON: So --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: Relationships are not easy.
DONNA ADELSON: No, they're not. They're not.
CHARLIE ADELSON: So -- so that's it. So everything's fine anyway. It's -- without a doubt everything is fine.
DONNA ADELSON: Everything's good?
CHARLIE ADELSON: Yeah. Yeah, no -- no question in the world.
DONNA ADELSON: Okay.
CHARLIE ADELSON: I would not --
DONNA ADELSON: Stress it?
CHARLIE ADELSON: No. Honest to God, I wouldn't. I can talk to you more about it, but --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: I mean, if you want, you can always come up to the -- well, you're going to be hanging out with dad tomorrow, right?
DONNA ADELSON: Oh, yeah, tomorrow -- what's tomorrow? Tomorrow is Thursday. Dad is off. Yeah, we're going to be doing a lot of stuff for the holiday getting the dinner ready, a lot of recipes and a lot of cooking, and that's always a rough holiday to cook for. It's not an easy one. But --
CHARLIE ADELSON: I'm bringing ten lobsters and nobody complains.
DONNA ADELSON: You're probably right. No one would complain. well, it's only us --
(Recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: 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 mom ever in the wire on 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.
JUDGE EVERETT: You may proceed.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Before you start it, we're still on April 20th, right? well, I guess we all have the sheet. April 20th? G? Do you have your sheet?
PATRICK SANFORD: I do not.
MS. CAPPLEMAN: Okay. I'll get you one.
PATRICK SANFORD: That was the exhibit, I believe.
MS. CAPPLEMAN: April 20th?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: Same day as the Dolce Vita?
PATRICK SANFORD: Recording, correct.
MS. CAPPLEMAN: Day after the bump?
PATRICK SANFORD: Correct, the day after.
MS. CAPPLEMAN: Publish G, please.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
CHARLIE ADELSON: Yeah.
DONNA ADELSON: Hi, honey. Sorry about that. I had to just schedule it for Monday. Yeah, so --
CHARLIE ADELSON: Everything's good. I just -- so I hung out with my friend and then she's going to sleep on some stuff and then she's going to come tomorrow to either my office or Thanos' office and tell me how it works.
DONNA ADELSON: (Inaudible).
CHARLIE ADELSON: Yeah.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: Okay. So, so I'll talk -- I'll talk to her tomorrow. wish me the best of luck.
DONNA ADELSON: Yeah. So you think she'll be okay?
Is everything good for her?
CHARLIE ADELSON: Yeah, I told her, I mean -- like I was explaining it to you, with relationships, they either go one of two ways, like --
DONNA ADELSON: Right.
CHARLIE ADELSON: So it's going to be one of two ways.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: But --
DONNA ADELSON: How you want it?
CHARLIE ADELSON: Yeah.
DONNA ADELSON: (Inaudible). That's fine. You can.
All right. Charlie, I love you, doll.
CHARLIE ADELSON: what are they saying? You're welcome. So I'm --
DONNA ADELSON: Yeah. Hoping dad has a good day at the office.
CHARLIE ADELSON: Oh, yeah, yeah.
DONNA ADELSON: He just -- I like to -- I'd like him to have a good night's sleep, so --
CHARLIE ADELSON: Yeah.
DONNA ADELSON: He works a long day. It was a long day.
CHARLIE ADELSON: But I truly would not worry about anything.
DONNA ADELSON: Wait a second. Lincoln, honey, this little girl was on that. wait until she finishes and then you'll go on.
You don't think so?
CHARLIE ADELSON: Yeah. No, without a doubt, I wouldn't.
DONNA ADELSON: Okay. TI hope so.
CHARLIE ADELSON: There's nothing -- there's nothing to worry about.
DONNA ADELSON: That's good. So you'll be up at the office -- you'll be at our office all day tomorrow?
CHARLIE ADELSON: From 11 to probably like 3, I'll be gone.
DONNA ADELSON: Oh, really? Done for the day?
CHARLIE ADELSON: Well, and then I go to Thanos' office.
DONNA ADELSON: Oh, Thanos. Got you.
CHARLIE ADELSON: Yeah. I hate this area, like Ives Dairy and 95.
DONNA ADELSON: Very crowded?
CHARLIE ADELSON: Oh, my God, the traffic, to go from like -- I mean, literally, for me to go from like, you know, on Biscayne to like all the way to like 95, it's the same amount of time it takes me to go from my house to South Beach.
DONNA ADELSON: wow.
CHARLIE ADELSON: Just east/west.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: It's better for me to go to South
Beach from Fort Lauderdale than to be in Miami and go to the highway. I mean, it's strange Cinaudible) schools and everything. So -- all right. (Inaudible).
DONNA ADELSON: Yes. No, that's -- they're swinging and I'm pushing as high as I can. That's the squeak of the swing.
CHARLIE ADELSON: All right.
DONNA ADELSON: So I'm pushing them. The old grandma. All right. I love you.
CHARLIE ADELSON: I love you, too. I would worry about absolutely nothing.
DONNA ADELSON: Really?
CHARLIE ADELSON: Yeah. I'm telling you. I'm telling you, I would not --
DONNA ADELSON: well, if your theory is correct, then that will be -- you know, we don't know that.
CHARLIE ADELSON: well, listen, I mean, you have to realize something, it does them no good.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: At the end of the day, there's nothing -- they're not going to gain -- they're not going to gain anything. They're still going to be in the same situation. And it's not like -- listen, it's not like you've ever threatened anybody or hurt anybody so --
DONNA ADELSON: NO, no.
CHARLIE ADELSON: You know, and listen, the thing is this, is that they're not hiding who they are.
DONNA ADELSON: Right, not at all.
CHARLIE ADELSON: Not at all, so --
DONNA ADELSON: That's why I had that other supposition.
CHARLIE ADELSON: what's that?
DONNA ADELSON: That's why my thoughts were different.
CHARLIE ADELSON: Yeah, yeah, yeah. It's not really hidden who they are. And the whole thing is weird. I mean, the whole thing is very weird, because it's -- it's the kind of thing that could easily be traced --
DONNA ADELSON: Right.
CHARLIE ADELSON: -- they could easily be caught and they easily will have charges put against them. Honestly, extorting people is like up to ten years in prison. TI don't know why they would make it -- you know, just make it so easy to -- it's really stupid. (Inaudible) secret.
DONNA ADELSON: Yeah, yeah, I know.
CHARLIE ADELSON: So, no, it's -- I think it's something that can be dealt with very -- it's not that bad.
DONNA ADELSON: Okay.
CHARLIE ADELSON: It could be a lot worse. Let me reference it to you like that.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: So --
DONNA ADELSON: All right, sweetie pie. I will talk to you maybe tomorrow during the day or at night. You'll let me know --
CHARLIE ADELSON: All right. Sounds good.
DONNA ADELSON: -- if everything is good for the dinner.
CHARLIE ADELSON: (Inaudible). Okay.
DONNA ADELSON: Bye, bye. Love you.
(Recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: 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 a.m.
MS. CAPPLEMAN: Can we hear Call H, please?
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
SIGFREDO GARCIA: Listen, I'm going to tell you something right now and I'm going to make this very Clear --
KATHERINE MAGBANUA: (Inaudible).
SIGFREDO GARCIA: -- I'm going to make something very clear because you're talking belligerent bullshit.
KATHERINE MAGBANUA: You're saying I'm belligerent?
SIGFREDO GARCIA: I'm -- I'm going to make something very clear. Okay?
KATHERINE MAGBANUA: (Inaudible) been up the whole night drinking and I'm drunk. You haven't spoken to me about anything and now you're going to come at me?
SIGFREDO GARCIA: Why? Because you don't know how to apologize, because you were wrong.
KATHERINE MAGBANUA: (Inaudible).
SIGFREDO GARCIA: Okay?
KATHERINE MAGBANUA: (Inaudible) last night.
SIGFREDO GARCIA: This is the same thing that happened last time. Listen, I have a more pressing matter that I have to attend to. Okay?
KATHERINE MAGBANUA: (Inaudible) I don't feel secure, because you take care of everybody else. where is my security, Tuto? When are you going to step up for me? When is that going to happen? Because I feel like everybody else gets the special attention, and then, Katie, you go figure it out. You go figure it out. You figure out the kids. You figure out life. You figure out --
SIGFREDO GARCIA: 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.
KATHERINE MAGBANUA: Every single time --
SIGFREDO GARCIA: we were so happy. We were so -- we were so happy.
KATHERINE MAGBANUA: You have to play pool. You have to leave me. You have to --
SIGFREDO GARCIA: Oh, my God, Katie. All right. All right, man. All right. All right. Then fine, then go. Whatever. Fine. Go. If that's what you need to do to make yourself happy, then --
KATHERINE MAGBANUA: To make myself --
SIGFREDO GARCIA: -- I'm not going to hold you back.
KATHERINE MAGBANUA: (Inaudible) why do you have to go through like everything? After everything we went through, why does it have to go back to square one? Do you know how bad I feel? It's like, again, I feel like I'm getting --
SIGFREDO GARCIA: Katie, Katie, Katie, listen, listen, I --
KATHERINE MAGBANUA: It's always -- no. God, I swear to God, it's just like -- it's like I should just go somewhere because it's like you're basically --
SIGFREDO GARCIA: Do that.
KATHERINE MAGBANUA: (Inaudible).
SIGFREDO GARCIA: Do that.
KATHERINE MAGBANUA: You're screwing me over. You're going to tell me, I'm going to make a phone call.
SIGFREDO GARCIA: I'm making that fucking phone call. Just --
KATHERINE MAGBANUA: But you don't talk to me.
SIGFREDO GARCIA: Look, Katie, Katie, you --
KATHERINE MAGBANUA: I'm on edge, and I'm (inaudible) on edge again today. You don't think that --
SIGFREDO GARCIA: No. I'm pretty sure somebody come by to soothe you and make you feel better.
KATHERINE MAGBANUA: Are you talking --
SIGFREDO GARCIA: Katie, listen --
KATHERINE MAGBANUA: Listen to --
SIGFREDO GARCIA: Don't fucking -- don't fucking -- listen, I just want you to fucking have a pussy between your legs and act like you have -- if you want to fucking do what you want to do, do it. I'm going to take care of my -- I'm going to take care of this fucking problem. I'm going to take care of this fucking problem and --
KATHERINE MAGBANUA: When are you going to take care of it though? You don't discuss anything with me. You're not even listening.
SIGFREDO GARCIA: Because the less you know, the better off -- man, just stop talking on the phone, man. Bye.
KATHERINE MAGBANUA: That's why, you can't even --
SIGFREDO GARCIA: Bye.
KATHERINE MAGBANUA: You can't even tell me anything.
(Recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: who is the male voice on this phone call?
PATRICK SANFORD: That's Sigfredo Garcia, also known as Tuto.
MS. CAPPLEMAN: Doesn't sound like everything is going too fine on that end; huh?
PATRICK SANFORD: No, not at all.
MS. CAPPLEMAN: Play Call I, please.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
SIGFREDO GARCIA: Yeah.
KATHERINE MAGBANUA: Hello?
SIGFREDO GARCIA: Yeah.
KATHERINE MAGBANUA: I don't remember if it was -- I think -- I think, just in case, I think like you have to pay for Ethan's school. It's like -- because of the balance is $65.70.
SIGFREDO GARCIA: I have to pay for it?
KATHERINE MAGBANUA: Like I think, you remember that I wrote it down, the amount that you're supposed to put?
SIGFREDO GARCIA: You can't pay for it?
KATHERINE MAGBANUA: But I'm not sure if it's $60.57 or it's $65.70.
SIGFREDO GARCIA: I'm trying to get a secured credit card. Is there any way you could pay for it?
KATHERINE MAGBANUA: I'm just telling you, I don't remember if it's either one of those numbers.
SIGFREDO GARCIA: well, you're picking them up today, so --
KATHERINE MAGBANUA: Huh? So what?
SIGFREDO GARCIA: You're picking them up today, so you'll find out when you get there.
KATHERINE MAGBANUA: The amount that I gave you on the piece of paper, I don't know if it's $60.57 or $65.70.
SIGFREDO GARCIA: Got it.
KATHERINE MAGBANUA: Okay? So there's some credit cards that I can use in his school. So it makes no sense. You got it?
SIGFREDO GARCIA: Understood.
(Recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: So what's the significance of 65.70?
PATRICK SANFORD: 6570 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: 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 it. He thinks she's talking about a real number until the end of the call.
MS. CAPPLEMAN: 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 the 6570, that phone number, that was on the piece of paper that was handed to Donna; correct?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: And now Garcia has got it, yes?
PATRICK SANFORD: 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: 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 has 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: All right. Let's go to the next call, please, Call OJ.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
KATHERINE MAGBANUA: Hello.
CHARLIE ADELSON: Hey, what's up?
KATHERINE MAGBANUA: Good morning.
(Fast-forward.)
KATHERINE MAGBANUA: I really don't. (Inaudible). I don't think it is. You still haven't heard from these people, right?
CHARLIE ADELSON: what's that?
KATHERINE MAGBANUA: You still haven't heard from these people?
CHARLIE ADELSON: Well, they came by on Monday.
KATHERINE MAGBANUA: No, you haven't heard from them
(inaudible).
CHARLIE ADELSON: No, I'll put another call in to them.
KATHERINE MAGBANUA: No, don't worry about it.
CHARLIE ADELSON: NO, no, no.
KATHERINE MAGBANUA: They're not even --
CHARLIE ADELSON: NO, no, no --
KATHERINE MAGBANUA: -- responding to you. It's weird.
CHARLIE ADELSON: Yeah, really fucking weird. The other choice is I would say the (inaudible). Anyway, I mean, it's got the pool, it's got the food, it's got music. It's livelier anyway.
KATHERINE MAGBANUA: AI1l right.
CHARLIE ADELSON: So call them up, find out what it is, and I got you.
KATHERINE MAGBANUA: No, it's not that.
CHARLIE ADELSON: Got it. That's fine. I totally forgot about -- not forgot. I did call them yesterday. I'll put another call today just to tell them that I'm touching base before I --
KATHERINE MAGBANUA: Yeah, but I was just telling you before, I don't think that's like a good idea regardless, it wouldn't be a good investment.
CHARLIE ADELSON: Oh, I see what you're saying.
KATHERINE MAGBANUA: Yeah. Because I'm not looking into some properties, and then I was like, I was asking how -- how -- I was asking him, I was like, oh, do you think that would be a good investment? And he's like, no, that's like really stupid. You should really use your head. And I'm like, okay, thanks for the advice.
CHARLIE ADELSON: All right. I got what you're saying.
KATHERINE MAGBANUA: It's -- but he is going to look into a couple of things, a couple of properties regarding that, and find out what's going on. And then I guess we'll go -- I'll go from there. Because, you know, you can't just jump into like stuff you don't even know.
CHARLIE ADELSON: You can't jump into a property you don't even know.
KATHERINE MAGBANUA: Exactly. Like --
CHARLIE ADELSON: Is it --
KATHERINE MAGBANUA: -- is he going to like it? You know, how is the security going to be? And, you know, is it going to be first, last and security, or there's a lot going into it. So I'm trying to do the research for that.
CHARLIE ADELSON: Find out, because usually when these properties come up, I mean, they announce it to everybody.
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: You can't just have it --
KATHERINE MAGBANUA: But then I don't think that's the case. Like I feel like they -- like it was posted incorrectly. And it's just like, you Know, some people bite, some people don't.
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: So it's like, you know, you throw out a fish in there and you see who bites. They're fishing.
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: You throw the chum out, you Know, they're all going to come out.
CHARLIE ADELSON: Yeah. You throw the chum and a bunch of fish come and they like jump on it. I mean, I kind of think that --
KATHERINE MAGBANUA: Yeah, but for the pricing, it's like it was absurd. So it's -- you know, it's unaffordable.
CHARLIE ADELSON: way, way too high of a pricing; right?
KATHERINE MAGBANUA: Yeah, of course. That's crazy.
Like who pays that much?
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: I mean, if they really wanted to get something, like they would -- they would afford it. They would be able to afford it, you know.
CHARLIE ADELSON: Hang on one second. Danny's got to ask me a question. Danny, go ahead. Sorry about this, dude. It's an important call. what's up?
(Fast-forward.)
CHARLIE ADELSON: Okay. But, yeah, you know, just -- it was just crazy that these -- it's so nice that you're in real estate now.
KATHERINE MAGBANUA: Yeah, I know.
CHARLIE ADELSON: It's just so crazy --
KATHERINE MAGBANUA: Like it's giving me a lot more knowledge about everything, so --
CHARLIE ADELSON: No, it's -- real estate's a great, great profession. I mean, honestly, it's one of those things, the sky's the limit. You get in with the right people and start getting the right stuff, and you can do extremely well.
KATHERINE MAGBANUA: Yeah, I'm learning as I go. I mean, I'm thinking -- like I go home and I do -- you know, my research and stuff about things, and then like I try to ask advice, too, you know, like coming from somebody else's point of view. Like, okay, so like if somebody was to offer this amount of money, like, you know, I start looking at the listings, I start looking at like possible scenarios or locations somebody could be at, and then, you know, hopefully I have a lead.
CHARLIE ADELSON: which -- was someone shocked that that listing came up?
KATHERINE MAGBANUA: Of course, especially for that amount.
CHARLIE ADELSON: Well, it's that amount and that location.
KATHERINE MAGBANUA: And it's like -- it's -- it's -- it's -- it's not -- it's not an amount that like -- like somebody would just put out, like, you know? Like these are worth like million-dollar houses that.
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: Like it would have been more.
So --
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: I just don't want any false like, you know, leads, so it will waste my time.
CHARLIE ADELSON: But -- but you don't think alarm bells went off everywhere?
KATHERINE MAGBANUA: Not that I know of, because it's like, if it was -- if the person was very interested about it and knew like a lot about the property --
CHARLIE ADELSON: Right.
KATHERINE MAGBANUA: -- it would have been a totally different story. It would have been a done deal and like things would have been fine then, you know. It would have been over with. But --
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: -- it seems to be -- it's one or two scenarios, which, like I said, I'm trying to figure out right now. Since I'm still new, you know, I'm still trying to figure out how to --
CHARLIE ADELSON: Because the thing is, that property came with a full listing, like it came with the --
KATHERINE MAGBANUA: Yeah, with all the information --
CHARLIE ADELSON: with all the information.
KATHERINE MAGBANUA: You get all of that stuff in MLS, you know, you get all the information and the demographics of everything.
CHARLIE ADELSON: So --
KATHERINE MAGBANUA: But then again, you can have a listing everywhere. Everything is possible.
CHARLIE ADELSON: Yeah, I mean, you can -- it's crazy. It's like, I mean, it came with everything but pictures.
KATHERINE MAGBANUA: well, that's Cinaudible).
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: You can't have pictures for everything.
CHARLIE ADELSON: Yeah. No, they always post pictures.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: But anyway --
KATHERINE MAGBANUA: So let me find out first regarding the property and then we'll go from there.
CHARLIE ADELSON: To be very honest with you, I'm not very interested in buying the property. I think you buy a property like that, it becomes -- this is the thing. You buy a property like that, like that duplex that you're talking about --
KATHERINE MAGBANUA: — Uh-huh.
CHARLIE ADELSON: -- it just becomes a headache for life. Because --
KATHERINE MAGBANUA: Yeah, but then it's like --
CHARLIE ADELSON: (Inaudible).
KATHERINE MAGBANUA: But you don't want to get stuck either in a situation where it's like it's a false advertisement.
CHARLIE ADELSON: Oh, yeah.
KATHERINE MAGBANUA: And then --
CHARLIE ADELSON: It could be -- listen, it could be one of two things, and this is what happens when stuff doesn't hit the MLS first. Okay? And it's called like a pocket listing, meaning that someone's able to list the real estate beforehand.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: But what ends up happening is, is that, okay, say you get that property and it's a great deal and everything. It becomes a -- you get the wrong people in there, it becomes a problem for life. I've had this with other properties.
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: Okay? It becomes lots of excuses and then they move in, and then the next thing you know -- let's see even if --
KATHERINE MAGBANUA: It's a big headache.
CHARLIE ADELSON: Yeah, they --
KATHERINE MAGBANUA: (Inaudible) somebody's going to keep increasing the amount.
CHARLIE ADELSON: Exactly. And then what happens is they tell you, I want to pay this for the rental property, or, I want to pay that for the rental property. And you're like --
KATHERINE MAGBANUA: Yeah, but Cinaudible) that's not the case. That's the problem. If that's not the case for the client, then do you know if -- that's what I'm saying, there's always false leads. we get people that like, oh, they'll call and then, oh, yeah, well, okay, I don't really need it. And it's like you've done all this legwork for nothing.
CHARLIE ADELSON: well, I think it's one -- it's without a question, it's one of two things. It's either a false lead, someone just wasting your fucking time, or you get the wrong tenant in there with the rental property, and it goes ahead and it becomes -- you know, let's say even they move out. Let's say they take a little vacation.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: Next thing you know -- so you don't know because you're not at the property all the time.
KATHERINE MAGBANUA: Of course.
CHARLIE ADELSON: And their little cousin, while they're on vacation, is like --
KATHERINE MAGBANUA: Moves in and --
CHARLIE ADELSON: Moves in, and is like, hey, guess who I am, da, da, da, da, da. And the next thing you know, his friend shows up and says, hey, guess who I am, I need this. And they're constantly breaking things and they're constantly knock -- you know, knocking at your door to fix things, and it becomes -- they will never --
KATHERINE MAGBANUA: A burden.
CHARLIE ADELSON: -- ever -- they will -- it will be like a leach that never leaves you.
KATHERINE MAGBANUA: Yeah. well, hopefully that's not -- that's not the case. That's why I need to get everything clarified first. That's why I do all the background checks and everything, make sure like a person really does want it before I even go forth of, you know, trying to look at the property for them, or else I'm just -- I'm going around and around for nothing.
CHARLIE ADELSON: TI mean, that's honestly -- that's why these things also are done with contracts. And you've got to have a contract attorney look over them, and then you buy them. And then after the property's bought, the property's bought. You know, there is no like, oh, by the way, I know I -- I know I agreed to pay you X, but L'm going to come to the closing and I'll give you half. No. If you say you're going to do something, you fucking do it.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: 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 -- let's say you're going to buy a building for $10,000,000. Okay?
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: If you're buying a building for ten million, you don't show up at closing and go, hey, I decided I'm going to give you one million.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: And that's it. Like, it's just, you know, you're just getting --
KATHERINE MAGBANUA: TI mean, I did make a couple of phones calls like last night to find out if -- if this was a good deal, and I'll find out more, because like I said, I don't want anybody to get taken advantage, and especially Cinaudible) so --
CHARLIE ADELSON: Well, you've got to -- you've got to look at the pocket listings. It's good that you're in real estate. Just -- just be careful, because I'm telling you, if you buy the wrong rental property, like the one that I had in Miramar --
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: -- these people are such a fucking pain in the ass. They got nothing but excuses. They fuck you over every chance they get. By the way, did I tell you I've had to kick everybody out of the Miramar property? Everybody but that old guy Leonard.
KATHERINE MAGBANUA: Oh, he's the only one who stayed?
CHARLIE ADELSON: That Miramar property?
(Fast-forward.)
KATHERINE MAGBANUA: But the competition out there.
CHARLIE ADELSON: The competition is fierce. I mean, you're hot, which helps. You're also bilingual, which helps. But yeah, the hustle is -- also, you make the right connections. You know the right people.
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: And you can make bank --
KATHERINE MAGBANUA: That's where you come in.
CHARLIE ADELSON: -- bank. That's true.
KATHERINE MAGBANUA: I do. I have to make phone calls to especially people that I know that like would, you know, would need help. Somebody always needs a property, especially somebody -- like I have all of these expired Cinaudible) where I'm looking up all this stuff. And I take pictures Cinaudible) you can make a fortune off them because these people are desperate.
CHARLIE ADELSON: well, look at -- look around. Like I said, I mean, if you need someone to lend you money to help you out, I don't -- I don't mind helping you out.
KATHERINE MAGBANUA: I know. Okay.
CHARLIE ADELSON: Yeah, I mean, obviously there's a limit, but whatever you -- whatever can help you out. But am I -- hey, am I going to -- I want to see you at some point. I know you're slammed today.
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: But I could get you that good luck bonsai tree if you want.
KATHERINE MAGBANUA: Oh, okay. That would be good luck for my office.
(Recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. So in this call --
MS. CAPPLEMAN: Could we publish Demo A, please?
MR. RASHBAUM: Can I see it?
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: At the beginning portion that we listened to, there is 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? It doesn't have to be a quote.
PATRICK SANFORD: She basically says that's not what she's talking about.
MS. CAPPLEMAN: Said it's not a good investment?
PATRICK SANFORD: Right, not a good investment.
MS. CAPPLEMAN: Someone told her it wasn't a good investment to do that.
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: So maybe not a good time for him to be buying her anything?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: 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. And if we could go sidebar, please.
JUDGE EVERETT: Approach.
AT THE BENCH
JUDGE EVERETT: Go ahead.
MR. RASHBAUM: So I don't have a problem with this witness putting in the wires but she's asking him questions about what these two individuals said. She had Ms. Magbanua on the stand. She can have her on the stand again if she wants. She can ask her the questions of what she said. This guy doesn't know what she said. That's not Ms. Magbanua. That's not Charlie Adelson.
JUDGE EVERETT: Response?
MS. CAPPLEMAN: This witness is much more familiar with the wires than Ms. Magbanua. They're in evidence.
JUDGE EVERETT: Keep your voice down.
MS. CAPPLEMAN: I'm getting somewhere with the questions. I'm making a point about what's said on the calls. I think it's fair game. It's not a leading question. I asked if she said the name Sigfredo Garcia. That's not leading. So I don't know why we're here.
JUDGE EVERETT: All right. As it relates to what was gotten in with Ms. Magbanua, I believe you specifically talked or got into, you were discussing things in code; is that correct?
MS. CAPPLEMAN: Yes, sir. She did testify to that.
JUDGE EVERETT: All right. As to whether this witness has any knowledge of what the coded language could possibly be, are you asking her to lay a foundation as to at that point?
MR. RASHBAUM: It's not the code. She asked him, is the "he" Sigfredo Garcia? He doesn't know who the "he" is. He didn't make the statement. So she's backdoor-ing it in. She's saying, you see the word "he"? Is there any discussion about Sigfredo Garcia?
JUDGE EVERETT: Okay. So lack of personal knowledge then is your objection.
MS. CAPPLEMAN: May I clarify? I did not ask him if the "he" was Sigfredo Garcia. I asked if the name Sigfredo Garcia was said. There's a difference.
JUDGE EVERETT: Very well. I'm going to overrule the objection for now. If you can establish the necessary foundation that he needs to provide as to the code, please do that.
MS. CAPPLEMAN: Yes, sir.
MR. RASHBAUM: TI don't want to keep standing up but I might have to.
IN OPEN COURT
JUDGE EVERETT: The objection is overruled.
You may continue. ~=BY MS. CAPPLEMAN:
MS. CAPPLEMAN: was the name Sigfredo Garcia said by Katherine Magbanua?
MS. CAPPLEMAN: And did Katherine Magbanua on the wire talk to anyone else about this situation other than this Defendant and Sigfredo Garcia?
PATRICK SANFORD: No, she didn't.
MS. CAPPLEMAN: All right. When she talks about -- 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 depicted in this demonstrative exhibit that tenant was code for blackmailer. 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: 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: Let's move on to the next call, please. Call K.
MR. RASHBAUM: Sorry, what number?
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
DONNA ADELSON: Hey, Charlie.
CHARLIE ADELSON: Hey, how are you?
DONNA ADELSON: Good, how are you?
CHARLIE ADELSON: Good, good. I'm actually running late to the office but I'm getting gas and then --
DONNA ADELSON: Okay.
CHARLIE ADELSON: -- I'll probably be in -- what do you call it -- I'll be at the office and then I'm going to go to Weston. And then whatever time I got done with Weston, I mean, if Dad wants to meet me, he can. If not, I don't (inaudible).
DONNA ADELSON: Weston, you might get out late? Is that what you're thinking?
CHARLIE ADELSON: I don't know what time I'll get out, no, but I'm always happy to see Dad if he wants to grab dinner.
DONNA ADELSON: Yeah, I just thought he might, you know, want to get a bite with you, but...
CHARLIE ADELSON: Well, if he wants to, I'm happy to see him. I -- I saw a lot of police everywhere --
DONNA ADELSON: Okay.
MS. MEYERS: -- giving traffic tickets today, so be careful.
DONNA ADELSON: Okay, I definitely will.
CHARLIE ADELSON: But anyway, that's -- that's what I think it is without a question for multiple reasons.
DONNA ADELSON: Really?
CHARLIE ADELSON: Multiple, multiple, multiple reasons.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: So I never got a chance to do the return at -- at Macy's that you gave me the stuff for yesterday. I just ran out of time.
DONNA ADELSON: Oh, okay.
CHARLIE ADELSON: Yeah, I may have to give you -- yeah, I may have to give you the, what do you call it, get it back.
DONNA ADELSON: Okay, and let me -- I can just --
CHARLIE ADELSON: You can just keep it. I mean, it's not that valuable anyway.
DONNA ADELSON: Yeah, yeah, we can do that.
CHARLIE ADELSON: But, anyway, if Dad wants to see me and grab a bite, that's cool.
DONNA ADELSON: Well, it's like, you know, I know you had those cases at the office that you wanted to talk to him about. So if, you know --
CHARLIE ADELSON: Listen --
DONNA ADELSON: -- if you (inaudible).
CHARLIE ADELSON: -- if he wants to meet me for dinner --
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: -- I'm always happy to see him for dinner.
DONNA ADELSON: Okay.
CHARLIE ADELSON: It's up to him. And he can come by my house and I'll go get something to eat with him.
DONNA ADELSON: Oh, that sounds -- that sounds like a plan. So why don't you let him know how you're doing at your second office and then, you know, give him a heads-up and then maybe he'll come up and go out for a bite with you.
CHARLIE ADELSON: Yeah, but I wouldn't leave South Beach until after 7:00. Traffic is horrible.
DONNA ADELSON: Oh, yeah, absolutely. Absolutely. But you don't what time you're going to get out from your second --
CHARLIE ADELSON: It shouldn't be too late. I mean, I think if Dad comes over at 8:00, that will be fine.
DONNA ADELSON: Oh, that's perfect actually because Wendi is taking -- Wendi and some of the ladies and the mothers from Ben's class (inaudible) class. It's her birthday today, the teacher. So they're taking her to Red Ginger today for dinner.
CHARLIE ADELSON: Oh, nice.
DONNA ADELSON: And that way she can go. So Wendi asked could I bring the boys to her house and put them to sleep, because she's going to go straight from work. So she probably won't get out -- she probably won't get out of there for a while. So that would be good. Dad can have dinner with you at least and then, you know, I could stay with the boys and put them to sleep.
CHARLIE ADELSON: All right, fine. Tell --
DONNA ADELSON: Okay?
CHARLIE ADELSON: -- tell dad to leave Miami at 7:30.
DONNA ADELSON: At 7:30? Okay. I'll tell him. That's perfect, then.
CHARLIE ADELSON: At any other time, honestly, you're going to hit traffic.
DONNA ADELSON: Yeah, okay. That sounds good. That sounds good.
CHARLIE ADELSON: All right.
DONNA ADELSON: See you later. Love you, honey.
CHARLIE ADELSON: All right, sounds good.
(Recording concluded.)
MS. CAPPLEMAN: And then we'll go straight into Call L next.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
CHARLIE ADELSON: Yes, that will be perfect.
HARVEY ADELSON: Charlie.
CHARLIE ADELSON: Thanks for everything, all right.
Hello?
HARVEY ADELSON: Yes.
CHARLIE ADELSON: Yeah, Dad. I'd leave at 7:30. I wouldn't leave before that.
HARVEY ADELSON: Okay.
CHARLIE ADELSON: Is Mom coming to dinner?
HARVEY ADELSON: No, no, she's with the boys. wendi -- Ben's teacher, they're -- everybody wants to take her out for her birthday. So they're going over to Red Ginger. So Mom's over with the boys at wendi's house.
CHARLIE ADELSON: Oh, okay. All right. Yeah, meet me at Matsuri. But I wouldn't leave before 7:30. The traffic is so bad on US 1.
HARVEY ADELSON: Okay.
CHARLIE ADELSON: You know where it is; right?
HARVEY ADELSON: Yeah, it's on Bird Road. TI just -- I just put it on waze. It'll take me 25 minutes to get there.
CHARLIE ADELSON: Yeah, but I would leave at 7:30. I'm in weston. I still have to pull out a tooth and finish packing up.
HARVEY ADELSON: Okay. All right, fine. So I'll see you there probably before 8:00.
CHARLIE ADELSON: Yeah, well, I'll try Cinaudible).
HARVEY ADELSON: Okay.
CHARLIE ADELSON: If you get there before me, just get a table.
HARVEY ADELSON: Okay. Sounds good.
CHARLIE ADELSON: All right.
HARVEY ADELSON: Bye.
(Recording concluded.)
BY MS. CAPPLEMAN:
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 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 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 a -- 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: Judge, at this time, I'd ask to introduce State's 114 into evidence.
JUDGE EVERETT: Any objection?
MR. RASHBAUM: Just our previous objection, Your Honor. And may I have one moment with Ms. Cappleman?
JUDGE EVERETT: Go ahead.
State's 114 will be admitted over the prior objection.
(State's Exhibit No. 114 received in evidence.)
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.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
CHARLIE ADELSON: where is the proof?
HARVEY ADELSON: None.
CHARLIE ADELSON: You can say it all day long.
(Recording paused.)
MS. CAPPLEMAN: Can we start it over? I appreciate you adjusting the volume but let's just try again.
(Recording begins.)
CHARLIE ADELSON: where is your proof?
HARVEY ADELSON: Yeah, there is none.
CHARLIE ADELSON: You can say it all day long. I can even sell you the Giants Stadium. That's it.
HARVEY ADELSON: Now, all day long Cinaudible).
CHARLIE ADELSON: And the funny thing is Cinaudible) they wouldn't want -- (Cinaudible).
HARVEY ADELSON: Yeah, I know they wouldn't talk to her Cinaudible). I was surprised they didn't come to me.
CHARLIE ADELSON: One or the other.
HARVEY ADELSON: what?
CHARLIE ADELSON: One or the other, but the woman is usually the weaker source. She is someone that's going to give in.
HARVEY ADELSON: I spoke Cinaudible).
CHARLIE ADELSON: Yeah, that's -- I think it's, I actually think it's Cinaudible). I think it's -- I actually think it's -- we knew at some point --
HARVEY ADELSON: Oh, yeah.
CHARLIE ADELSON: -- somebody would try to (inaudible). They have to be tough. They have to --
HARVEY ADELSON: Yeah.
CHARLIE ADELSON: -- say listen, they simply asked you a question, yes or no. Someone is just going to say no. So there has to be some kind of tactic to come in to (inaudible). It's like --
HARVEY ADELSON: Yeah. It makes senses. It really does. I didn't think they were that smart.
CHARLIE ADELSON: And the funny thing is is that (inaudible). Say, listen, 50 percent of the people would cooperate, oddly enough.
HARVEY ADELSON: Yeah, right.
CHARLIE ADELSON: It's the attitude of, maybe they're right.
HARVEY ADELSON: Yeah.
CHARLIE ADELSON: we have to be careful.
HARVEY ADELSON: Are they allowed to do that?
CHARLIE ADELSON: (Inaudible). Yeah, but (inaudible). That is really good.
(Recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: In terms of an undercover operation, what does the term mean “to get made"?
PATRICK SANFORD: "To get made?" It 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?
MS. CAPPLEMAN: And then on our sheet, we've got the next event I think being the bump letter. Can you explain what that is?
PATRICK SANFORD: we decided -- 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 extortion person, the undercover agent.
MS. CAPPLEMAN: And chronologically is this when the letter would have been sent or mailed --
PATRICK SANFORD: Yes, on the --
MS. CAPPLEMAN: -- on the sheet?
PATRICK SANFORD: -- I'm sorry. On the 23rd, yes.
MS. CAPPLEMAN: I show you what I've marked as State's 79. Do you recognize it?
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: The Icon.
MS. CAPPLEMAN: Judge, at this time, I'd ask to introduce State's 79.
JUDGE EVERETT: Any objection.
MR. RASHBAUM: No objection, Your Honor.
JUDGE EVERETT: State's 79 is admitted.
(State's Exhibit No. 79 received in evidence.)
MS. CAPPLEMAN: Permission to publish, Your Honor?
JUDGE EVERETT: You may.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: So as far as where the letter was mailed, this is the actual photo of the actual envelope?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: And would you mind just reading that for us?
AUDIO RECORDING: My phone is not ringing, so you don't care about Tato 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. Up to this point, Call M, has anyone called the undercover number yet?
MS. CAPPLEMAN: All right. Publish Call M, please.
(off-the-record discussion.)
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: Hey, you on your way?
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: Okay. Cool. I'm going to be at the Icon, which is when you come over 395, it's right there in the -- you know which building the Icon is; right?
KATHERINE MAGBANUA: That's all the way in South Beach; right? Like --
CHARLIE ADELSON: Yeah, it's --
KATHERINE MAGBANUA: -- that's fucking far.
CHARLIE ADELSON: -- when you come over --
KATHERINE MAGBANUA: Like it's a lot of driving down there. You can't go a little bit more up north, just a little north anyway?
CHARLIE ADELSON: I will. I'm just -- I will. I'm just -- I'm standing outside. I was talking to my parents about everything.
CHARLIE ADELSON: I was just talking to my parents about my day. I'm standing -- I'm standing out --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: No, I was talking to my parents about my day.
KATHERINE MAGBANUA: Oh, okay.
CHARLIE ADELSON: So that --
KATHERINE MAGBANUA: (Inaudible) because it's like I had to just like jet out of my homegirl's house, like --
CHARLIE ADELSON: I know. we're --
KATHERINE MAGBANUA: -- like (inaudible) worried about me every single two seconds.
CHARLIE ADELSON: Of course. But I'd rather -- where are you now?
KATHERINE MAGBANUA: I'm on Biscayne.
CHARLIE ADELSON: All right. Just -- just do me this one favor, just come down here.
KATHERINE MAGBANUA: Okay. Is everything okay?
CHARLIE ADELSON: Yeah. I just want you to come down here so I can see you. TI mean, you're already in the car. It's on the -- the Icon is on the corner of Fifth and Alton. It's that -- it's that big building where you -- as soon as you're on Alton and you cross over Fifth, on your right-hand side.
KATHERINE MAGBANUA: Okay. We can't meet anywhere else besides that?
CHARLIE ADELSON: I can get in my car and start trying to find you, but then we've got to drive and park and -- I'd rather you just come over here.
KATHERINE MAGBANUA: I know, but that is like the heart of South Beach, like it's kind of stupid for me to go all the way down there.
CHARLIE ADELSON: You're -- okay. I'1l1 get in my car in five -- in five minutes, I'll -- start heading this way and I'll get in my car and then I'll -- and then I'll meet you somewhere in like 15 minutes. I still need to talk to my parents for another five minutes and then I'm going to leave them and then I'm going to come find -- come to wherever you are. Still keep heading south.
KATHERINE MAGBANUA: Yeah, I'm heading -- I'm heading down south. I'm on Biscayne heading down south.
CHARLIE ADELSON: What's your cross street?
KATHERINE MAGBANUA: I'm like on 82nd right now.
CHARLIE ADELSON: On 82nd?
KATHERINE MAGBANUA: Yeah. I -- just give me a call when you get in the car.
CHARLIE ADELSON: Okay. I'll give you a call and see where you are and I'll start heading up north.
KATHERINE MAGBANUA: You don't get it when I call you through whatsApp?
CHARLIE ADELSON: Sometimes I do, sometimes I don't. I'll put my ringer -- I don't know if -- let me see if my phone was on vibrate.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: (Inaudible). Okay.
KATHERINE MAGBANUA: All right.
(Recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: So it sounds like they're planning a meeting. Dida 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?
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: And didn't know the location? It's a moving target; right?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: I think we can skip N.
MR. RASHBAUM: Do you want -- I'm sorry?
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: I want to go to the next day, April 26th, 2016, and play Call 0, please.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
KATHERINE MAGBANUA: Hello?
SIGFREDO GARCIA: what's going on?
KATHERINE MAGBANUA: (Inaudible) but did you (inaudible) give Ethan extra money or something for his field trip?
SIGFREDO GARCIA: what? Of course. Don't worry about them. They're fine. He got money. He got everything he needs for his field trip.
KATHERINE MAGBANUA: A111 right.
SIGFREDO GARCIA: Okay?
KATHERINE MAGBANUA: I just need to talk to you, though. Okay?
SIGFREDO GARCIA: (Inaudible) what you need to talk to me about? So --
KATHERINE MAGBANUA: (Inaudible).
SIGFREDO GARCIA: (Inaudible). I mean, you know, (inaudible) asking about you, so I want to set up a conference call or something.
KATHERINE MAGBANUA: The what?
SIGFREDO GARCIA: But, your son -- your son --
KATHERINE MAGBANUA: Well, yeah, I --
SIGFREDO GARCIA: -- (inaudible).
KATHERINE MAGBANUA: Obviously I have to call.
SIGFREDO GARCIA: Yeah, you need to talk to --
KATHERINE MAGBANUA: All right. well --
SIGFREDO GARCIA: Don't call me back. If anything, I'll drop them off to your mom or something like that.
KATHERINE MAGBANUA: What are you talking about?
SIGFREDO GARCIA: (Inaudible).
KATHERINE MAGBANUA: No. Don't -- don't -- don't involve my mom in this kind of thing.
SIGFREDO GARCIA: You're calling my mom. You called my mom Cinaudible). My mom Cinaudible). When you call her, she's --
(Recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Okay. 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: On 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 and or some other type of application?
PATRICK SANFORD: we do not get that.
MS. CAPPLEMAN: So this next text was sent through regular iPhone message?
PATRICK SANFORD: I believe it was regular text message, I believe.
MS. CAPPLEMAN: Text message. Okay.
MS. CAPPLEMAN: Could we look at P, please?
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: So this is from who to who? From who to whom? From whom to who? I'll get e-mails about that.
(Laughter.)
PATRICK SANFORD: It's from Katherine Magbanua to Sigfredo Garcia.
MS. CAPPLEMAN: All right. And then Q, please.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: 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 going to go to Call R next. Publish Call R, please.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
DONNA ADELSON: Good morning.
CHARLIE ADELSON: Hey, how are you?
DONNA ADELSON: Good. How are you, honey?
CHARLIE ADELSON: Good, good. what's going on?
DONNA ADELSON: Not a whole lot. Just picking up some things in the house. I was -- Vicki is getting me the hours, so I'm working on everybody's salaries for tomorrow. Other than that, everything is good. what about you?
CHARLIE ADELSON: Good. Do you feel better after what I told you last night?
DONNA ADELSON: Significantly.
CHARLIE ADELSON: Yeah, it makes sense, a thousand. I mean, it makes 1,000 percent sense.
DONNA ADELSON: Yeah. No, I know it does.
CHARLIE ADELSON: And I feel that's what it is. No, that's what it is.
DONNA ADELSON: And you think today those sort of things would get taken care of?
CHARLIE ADELSON: Oh, yeah.
DONNA ADELSON: Once -- once they are, would you let me know?
CHARLIE ADELSON: Yeah. No, no, no, trust me, I mean.
DONNA ADELSON: Please.
CHARLIE ADELSON: Well, someone gets a walk on the appointment today.
DONNA ADELSON: Right.
CHARLIE ADELSON: So, no, it's not like it's -- it’s not like it's 9:00 a.m. and it's like, I've got a conference call.
DONNA ADELSON: Of course not.
CHARLIE ADELSON: I've got to call the patient anyway, SO...
DONNA ADELSON: Yeah, yeah.
CHARLIE ADELSON: But can I tell you something? The more I think about it, too, when someone writes, you don't care, you know what that sounds like? A girl.
DONNA ADELSON: Yeah, because that's girls.
CHARLIE ADELSON: You don't care.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: That's exactly how they sound. You don't care.
DONNA ADELSON: Right.
CHARLIE ADELSON: well, I've never met the person, so I don't care about people I've never met.
DONNA ADELSON: No. Have you ever gotten a note from a girl, or a girl saying to you, you don't care?
CHARLIE ADELSON: That's the first thing they say.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: That's the first thing they say, you don't care. well, guess what? I don't care about anyone I've never met.
DONNA ADELSON: Yeah, that's true.
CHARLIE ADELSON: So that's what -- that's what it was and that's why you have like a mediation where someone comes in, and they're like --
DONNA ADELSON: Right.
CHARLIE ADELSON: -- I'm just doing my job but --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: -- but that explains it all.
DONNA ADELSON: I think so, too.
CHARLIE ADELSON: Yep.
DONNA ADELSON: I think so, too.
CHARLIE ADELSON: They weren't the same person.
DONNA ADELSON: Right.
CHARLIE ADELSON: Without a doubt. It's -- I mean, listen, I know -- I actually do know how these things are done. And that was the same thing that I said, it's not done like this.
DONNA ADELSON: Yeah, right. No, that's what you explained.
CHARLIE ADELSON: It's 48 hours.
DONNA ADELSON: Yes. It's just enough time.
CHARLIE ADELSON: Listen, let me take this call real quick. I'll call you right back.
DONNA ADELSON: Go, doll. Okay. Love you.
(Recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: So the 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.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
DONNA ADELSON: Hey, honey.
CHARLIE ADELSON: Hey.
DONNA ADELSON: Hi. Quick question. Did you ever -- did you ever check that phone number I gave you last night?
CHARLIE ADELSON: Yeah, everything's fine. So Dad took the day off?
DONNA ADELSON: Yes, he's not feeling well actually. He didn't go to bed until 5:30 in the morning. So going to bed at 5:30 -- I got up actually at 6:30 and he took one look at me and said, I can't. I said, no problem. He told the girls that he didn't feel well. His patients are all being seen Wednesday and Thursday. And --
CHARLIE ADELSON: Hang on a second. Hang on one second.
DONNA ADELSON: Sure.
CHARLIE ADELSON: Okay. Can you take an X-ray for me? Okay. I'll be there in one minute.
Sorry, go ahead.
DONNA ADELSON: Yeah, so that was -- yeah, he can't remember a night what he didn't go to sleep until --
CHARLIE ADELSON: Yeah, no, I mean, it's --
DONNA ADELSON: He said, oh, gosh, I have a root canal to do.
CHARLIE ADELSON: That's fine. Did you tell him what I told you yesterday? I mean, it's not --
DONNA ADELSON: One hundred -- 100 percent.
CHARLIE ADELSON: I mean, does he agree? Does he agree with what I said?
DONNA ADELSON: Yeah.
CHARLIE ADELSON: I mean, it's not --
DONNA ADELSON: No, it sounds like it will be fine.
CHARLIE ADELSON: It's like, Mom, 1,000 percent. I know --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: -- I know -- listen, what you worry about is when you don't know.
DONNA ADELSON: Right.
CHARLIE ADELSON: Who's doing something.
DONNA ADELSON: No, no. It sounds like this company usually fixes those bridges pretty quickly. So they should be --
CHARLIE ADELSON: Mom, Mom --
DONNA ADELSON: Yes.
CHARLIE ADELSON: -- listen to me. Stop with the fucking nonsense because I really don't want to come down there anymore. I need to distance myself from this.
DONNA ADELSON: Right, okay.
CHARLIE ADELSON: I mean, just hear me out and listen to me.
DONNA ADELSON: I am.
CHARLIE ADELSON: Just hear me out.
DONNA ADELSON: I am.
CHARLIE ADELSON: If you don't know who the person is, it's a much bigger problem. If you know who it is, it's very, very, easy. Okay?
DONNA ADELSON: Right.
CHARLIE ADELSON: And you always -- I mean, you guys are notorious for always getting worked up over everything throughout the -- as long as I've known you. It's as been -- it's always been, everything is a big deal. You've got to get worked up about everything. Everything is a huge deal. I'm just saying like it's -- so this is no different but I'm just telling you like stop because it's not -- it’s not anything more than nonsense.
DONNA ADELSON: Okay.
CHARLIE ADELSON: You know, I mean, it's -- you know, I mean, I'm just saying, like --
DONNA ADELSON: Okay.
CHARLIE ADELSON: -- you can worry about everything. You didn't do anything wrong. You didn't do anything to anybody. Somebody is fishing. Let them fish. They know, too, that you don't have nothing to do with anything. So it's not like -- you know, it's like me going to my next-door neighbor and saying, hey, I know you're whatever --
DONNA ADELSON: Okay.
CHARLIE ADELSON: -- okay. They'd look at me like I have three heads, you know?
DONNA ADELSON: Yeah.
CHARLIE ADELSON: I mean, that's pretty much the -- you know, pretty much the impression that -- and that's the appropriate impression is just -- if people talk to you about something you don't know what they're talking about, you go, I don't know what you're talking about.
So if somebody asked someone to talk to you and you told them they don't know what they're talking about, like, basically, get lost. I mean, that's the truth. You don't know. If you don't know, you don't know. If you don't know something, you don't know something. Like there's not much you can do to help that person out, unfortunately. But it's not like you do know that person and you're not helping them.
MS. MEYERS: Okay.
CHARLIE ADELSON: If you don't know somebody, you don't know somebody. So, you know, it's like someone coming to talk to me about someone who I don't know. I just say, dude, I don't know who you're talking about and I don't know -- fuck. Like, I mean, so I'm just saying you get worked up. It's not done like that.
DONNA ADELSON: Okay. The only thing, honey, as long as you tell me this is being taken care of, I'm fine.
CHARLIE ADELSON: Mom, it's being taken care of. The best that I know it's being taken care of.
DONNA ADELSON: I know.
CHARLIE ADELSON: But you get yourself all worked up and all fucking crazy and that has to stop. I mean, I really don't want to, you know --
DONNA ADELSON: Okay. Well, I just had to talk to you; didn't I?
CHARLIE ADELSON: Yeah, but, I mean --
DONNA ADELSON: I mean, wasn't that important that I contact you?
CHARLIE ADELSON: No, I know, but you were like, Dad is not going to go to work. I mean, like --
DONNA ADELSON: Well, he said he was after we spoke last night and then he never went to bed. So that was the problem.
CHARLIE ADELSON: Oh, as soon as you get yourselves all worked up.
DONNA ADELSON: I know, I know, I know.
CHARLIE ADELSON: And it's always -- I'm just saying, it's always -- you're getting a little better in time but I'm just saying it's always, you know, all worked up.
DONNA ADELSON: I'm trying, I'm trying.
CHARLIE ADELSON: I know where it's -- I know where it's coming from.
DONNA ADELSON: I'm not a kid.
CHARLIE ADELSON: Mom, I know, but I mean --
DONNA ADELSON: I understand what you're saying. I totally understand what you're saying.
CHARLIE ADELSON: You don't realize -- you probably watch too many movies.
DONNA ADELSON: Probably.
CHARLIE ADELSON: But it's not like, oh, like, yeah, we'll get one of them and then the one will just start paying. That's the stupidest thing I've ever heard. It doesn't work like that.
DONNA ADELSON: Okay. Honey, you told me all this yesterday. I know. I understand what you said and I got it. I got it. I should be (inaudible).
CHARLIE ADELSON: Well, that's great. But I'm just saying, it's not like, you know, there's nothing -- there's nothing --
DONNA ADELSON: To be concerned about.
CHARLIE ADELSON: No. I mean, there isn't. There really isn't. I mean, listen, if someone wants to bother with nonsense or threats, it's not uncommon. And it's -- when you get nonsense and threats, I mean -- first of all, they don't -- they don't give you a number. I mean, everything is so traceable. It doesn't -- in a billion years -- I mean, especially in any electronics, it is extremely traceable.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: And the other thing is this, is that -- I'll let you in on a secret. People -- if someone doesn't want you to know what they look like, they wear a hat, they wear glasses, they put on a beard.
DONNA ADELSON: Right.
CHARLIE ADELSON: You know, they can -- listen, for $5 at the costume store, you can buy an Abraham Lincoln beard. You put that on.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: And you'd wear glasses and a hat like everybody else on South Beach because it's really sunny outside. So if someone would come over wearing a hat and glasses and talk to you, you can't see three quarters of their face. And they walk around with a big, floppy hat and glasses and come by. Like, no. Like it's not -- that is not how it's done.
DONNA ADELSON: Yeah, okay. No, that's --
CHARLIE ADELSON: (inaudible). It's either a complete -- it's either complete nonsense, which it is. But if somebody asks can you go there and tell them something, that's what the guy -- that's basically what he did. I'll go there and I'll tell them something, like -- and that's why -- it's done -- it was done like that.
Otherwise it would not be -- you know, and, listen, you didn't do anything. You didn't do anything to anybody. You didn't do anything to whoever these people are. They're not going to go through the amount of planning and stress and logistics and risk because something generally happens. I mean, like even the best laid plans --
DONNA ADELSON: Of course, I know that.
CHARLIE ADELSON: I mean, even the best laid plans you could have, you know, there could be an off-duty officer taking his dog for a talk and he just --
DONNA ADELSON: Right.
CHARLIE ADELSON: -- just happened to come around the corner just as something happens to happen, you know. Or somebody goes to do something and as they go to turn, they tear their knee and they're laying on the floor with a torn ACL. There's a lot of risk when somebody does something, a million and one things.
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: So to do that, what's the reason? There is no reason. And that's why there is -- it's nothing that -- anyway. You know, it's nothing that you have to worry about. And it is -- it is being looked into.
DONNA ADELSON: Yeah, that's all I wanted to know.
CHARLIE ADELSON: Yeah. I mean, but it's not -- it's not like -- you know, trust me. I mean, you've got -- you'll probably get a heart attack from some things before that happens to you.
DONNA ADELSON: Okay.
CHARLIE ADELSON: So, I mean, I'm just saying like that's probably more likely.
DONNA ADELSON: Okay, Charlie.
CHARLIE ADELSON: So I'm just -- I'm just letting you know. But I can't like --
DONNA ADELSON: No, I know, I know, I know. It's just that I don't -- believe me, I don't want you to. I won't -- I'll only let you know if there's something very important that I need to tell you.
CHARLIE ADELSON: I know, but I'm just saying --
DONNA ADELSON: And I thought -- I thought that was important enough that I needed to speak with you.
CHARLIE ADELSON: Yes, I spent my whole fucking night down there last night.
DONNA ADELSON: And it's for a reason. I know, I know.
CHARLIE ADELSON: You know, I mean, I'm just --
DONNA ADELSON: I don't -- I want you to go home and have some peace tonight. So please don't --
CHARLIE ADELSON: No, I was still planning on going down there and talking to you again. I'm just saying like it's utter nonsense.
DONNA ADELSON: Okay.
CHARLIE ADELSON: And, listen, I can tell you this --
DONNA ADELSON: Great, it's great.
CHARLIE ADELSON: -- when one of the first things somebody says is you don't care, that is a girl's writing. You don't care.
DONNA ADELSON: Yeah. Honestly, I didn't even remember what the note was.
CHARLIE ADELSON: The first thing it said was, you don't care.
DONNA ADELSON: Really? Okay.
CHARLIE ADELSON: You obviously do not care about Tato. That means that it's a girl's writing. That's it.
DONNA ADELSON: Okay, Charlie.
CHARLIE ADELSON: 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 just messing around.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: Fishing, fishing.
DONNA ADELSON: I got you, Charlie. I got you.
CHARLIE ADELSON: I'm just saying, you have to understand, if somebody was going to do something, nobody would show their face. Nobody would give you a cell phone number. Nobody would write something and put it in the mail. There is -- you know what I'm saying?
DONNA ADELSON: Yeah.
CHARLIE ADELSON: Each one of those is a huge mistake unto itself.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: When somebody does something, you'll get a -- someone gives you a visit. You won't be able to identify their face and you'll be given 48 hours.
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: That's a visit.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: Not someone like not hiding, in the open, not -- in a million years, that's not how it's done. So...
(Recording concluded.)
MS. CAPPLEMAN: Next I'd also like to play Call T, please.
JUDGE EVERETT: Please proceed.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
CHARLIE ADELSON: Hello.
CHARLIE ADELSON: Hey, what's going on?
KATHERINE MAGBANUA: Well, you know, I don't know what the fuck -- like for some reason I know you were like telling me something about for the client, but I -- like I got it mixed up with the number.
KATHERINE MAGBANUA: And like -- and I'm calling both numbers, but nobody's picking up. So I need to figure it out because -- or else I could set up, you know, with the realtor to show the property.
CHARLIE ADELSON: Oh, fuck. They sound like a really good client, if they're going to rent the place. I actually have --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: -- I actually have the number at home.
KATHERINE MAGBANUA: Okay. But kind of like, I need it like stat.
CHARLIE ADELSON: well, I can -- fuck, I wish I would have wrote it down.
KATHERINE MAGBANUA: Like I'm supposed (inaudible), but the thing is, is like I tried to, you know, remember it, and like I just couldn't. Like I've been calling so many people today, so it's like -- it's been --
CHARLIE ADELSON: I'm going to be home in probably two hours and I can get you the number then. Hopefully they haven't like looked at other properties yet.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: Yeah, I -- well --
KATHERINE MAGBANUA: There's no way at all you can get the number to me?
CHARLIE ADELSON: Well, I mean, yeah --
KATHERINE MAGBANUA: Before I get out of work?
CHARLIE ADELSON: well, let me do this: Let me -- let me see if I can get the number. I've got the number at home in my desk.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: But let me see if the number may be some other place. Okay?
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: All right. I'11l call you right back.
(Recording concluded.)
MS. CAPPLEMAN: Call U, please.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
DONNA ADELSON: Hey, Charlie.
CHARLIE ADELSON: Hey. Can you hear me?
DONNA ADELSON: Yeah, I can hear you fine.
CHARLIE ADELSON: Okay. Do you remember the number that was written on that paper the other day? Because I have it at home.
DONNA ADELSON: I don't.
CHARLIE ADELSON: Okay.
DONNA ADELSON: TI don't.
CHARLIE ADELSON: Because someone just called me asking for it, because they thought they remembered it, but evidently they -- they remembered it wrong.
So I'm going to have to give it --
CHARLIE ADELSON: Okay. I got the paper at my house, so don't --
DONNA ADELSON: I know.
CHARLIE ADELSON: -- don't worry about it, but --
DONNA ADELSON: Okay.
CHARLIE ADELSON: -- you didn't write the number down anywhere?
DONNA ADELSON: NO, I gave you the paper and that was the end of it.
CHARLIE ADELSON: I know, but I thought you maybe --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: -- wrote the number down.
DONNA ADELSON: I didn't. I didn't.
CHARLIE ADELSON: All right. Because they're calling me now for the number and I have the paperwork at my house.
DONNA ADELSON: Okay.
CHARLIE ADELSON: All right. I'll give it to them in a few hours.
DONNA ADELSON: Okay, sweetheart.
CHARLIE ADELSON: Yeah, bye.
DONNA ADELSON: Love you. Bye.
(Recording concluded.)
MS. CAPPLEMAN: Call v.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
KATHERINE MAGBANUA: Hello.
CHARLIE ADELSON: Hey. Okay. I just called, they don't have the number either. It's at home, and I'm not going to be able to give it to you until I get home.
KATHERINE MAGBANUA: (Inaudible) to like set up like the freaking -- try to get the agent for showing, that's why I don't have --
CHARLIE ADELSON: I know. That's why I was like, take it, write the number down, and you're like --
KATHERINE MAGBANUA: I know, but it's like, I'm so good at like memorizing shit, you know. Like I do this all day. Like I have like a thousand numbers on my phone now, and then now when somebody calls me back, I don't know who it is, because I'm not going to save every person's number.
CHARLIE ADELSON: I know.
KATHERINE MAGBANUA: You know, I don't have a landline in my job. I have to use my cell phone.
CHARLIE ADELSON: That's why you got to put it in your contact list so you don't lose your contacts.
KATHERINE MAGBANUA: No, I can't do that. It's going to be random people who's calling my phone. You're like --
CHARLIE ADELSON: I know.
KATHERINE MAGBANUA: -- some clients that don't even want to like -- one day they want to see a property. Another day, oh, no, it's okay, because they're working with somebody else.
CHARLIE ADELSON: Yeah. I'm in Miami Lakes right now, so I'm not going to -- let me see what time I get out of here. Hang on one second.
KATHERINE MAGBANUA: Damn, and you can't even remember?
CHARLIE ADELSON: Hey, come on. At my age, I'm lucky to remember what I had for breakfast. The only reason I remember is because I eat the same thing every day. Hang on one second. Hey, do you know what time my last patient is? (Inaudible). I'm done? why didn't someone tell me? wait, that guy that came from the other office? So I'm all done? Okay. Beautiful. Thank you. I'm going to get out of here before traffic hits. All right.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: I can -- I can get the number in 30 minutes.
KATHERINE MAGBANUA: Okay. Thank you.
CHARLIE ADELSON: All right. Bye.
(Recording concluded.)
MS. CAPPLEMAN: Call w, please.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
KATHERINE MAGBANUA: Hello?
SIGFREDO GARCIA: Hey.
KATHERINE MAGBANUA: Hello?
SIGFREDO GARCIA: How you doing?
SIGFREDO GARCIA: (Inaudible).
KATHERINE MAGBANUA: Hey. I think I remember the -- remember one of the listings that I had to tell you, one of the properties?
SIGFREDO GARCIA: Yeah.
KATHERINE MAGBANUA: Well, what was -- I don't know, just in case that you call, you know, because I have to -- I have to set it up.
SIGFREDO GARCIA: Yeah, because I tried to meet (inaudible). Each time --
KATHERINE MAGBANUA: Okay. It's -- I believe it's 305.
SIGFREDO GARCIA: Okay.
SIGFREDO GARCIA: Okay.
KATHERINE MAGBANUA: 6570.
SIGFREDO GARCIA: 6570?
KATHERINE MAGBANUA: Uh-huh. Because I always -- like -- like -- I had like two numbers --
SIGFREDO GARCIA: I know, you got that dyslexia. I get it. I get it. So the listing for the place is --
KATHERINE MAGBANUA: It's 305-712-6570.
SIGFREDO GARCIA: 5570?
KATHERINE MAGBANUA: No. NO, no, no. See, you're confusing me. It's 305 --
SIGFREDO GARCIA: Uh-huh.
KATHERINE MAGBANUA: -- 712 --
SIGFREDO GARCIA: Uh-huh.
KATHERINE MAGBANUA: -- 6570.
SIGFREDO GARCIA: I believe that was one of the ones that I tried. well, I'll --
KATHERINE MAGBANUA: Okay.
SIGFREDO GARCIA: Yeah. I'll reach out to you in a little bit.
KATHERINE MAGBANUA: All right. All right. Ethan just wanted me to tell you hi.
SIGFREDO GARCIA: All right. Tell him hi.
KATHERINE MAGBANUA: A111 right.
SIGFREDO GARCIA: All right.
KATHERINE MAGBANUA: Can you call me back later?
SIGFREDO GARCIA: Yeah, absolutely.
KATHERINE MAGBANUA: Okay. Bye.
SIGFREDO GARCIA: Bye.
(Recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: was the number being relayed in this call 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.
MS. CAPPLEMAN: All right. Let's go to the next day, April 27th, 2016, and publish Call xX, please.
(An audio/video recording was published in open court. +=This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
CHARLIE ADELSON: Hey.
KATHERINE MAGBANUA: You spoke to my secretary?
CHARLIE ADELSON: Yes, I did.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: She picks up the phone. She sounds -- first of all, she sounds exactly like you on the phone.
KATHERINE MAGBANUA: She sounds like me?
CHARLIE ADELSON: what's that?
KATHERINE MAGBANUA: She sounded like me?
CHARLIE ADELSON: well, for a second. She picks up the phone and goes, she's in the bathroom. And I thought that was like some kind of code for something or other.
CHARLIE ADELSON: She's like, she's in the bathroom. And I'm like, is she in the toilet or is she in the bathroom? I'm like -- my head is like spinning. I'm like, what is she trying to tell me? I'm like, can she --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: I was about to ask her, has she flushed or is she still going? I wanted flushed. Make it go away.
KATHERINE MAGBANUA: (Inaudible) with the whole bathroom thing.
CHARLIE ADELSON: I wanted flushed.
KATHERINE MAGBANUA: Yeah, she wasn't flushed.
CHARLIE ADELSON: So I'm fucking thinking -- I thought this was like code. I'm like, Katie, is she flushed or is she in the bathroom?
KATHERINE MAGBANUA: Oh, my God. That's too funny.
CHARLIE ADELSON: And then I'm like, well, call me back when she flushes.
KATHERINE MAGBANUA: Stop, man. Everybody can hear me now.
CHARLIE ADELSON: I made it clear I want the problem flushed.
KATHERINE MAGBANUA: Aye, yi, yi.
CHARLIE ADELSON: All right. So, hey, are you going to the Keys this weekend?
KATHERINE MAGBANUA: TI don't think so. why?
CHARLIE ADELSON: Because if you were, I was going to tell you to come by tomorrow and I'll1 tell you the code to my garage and I'll leave something for you.
KATHERINE MAGBANUA: well --
CHARLIE ADELSON: I was going to leave you a coupon. I was going to leave a gift card and a -- with the tree.
KATHERINE MAGBANUA: With a coupon?
CHARLIE ADELSON: what's that?
KATHERINE MAGBANUA: With a coupon?
CHARLIE ADELSON: well, it's a gift card that you can use at any hotel.
KATHERINE MAGBANUA: Oh, cool.
CHARLIE ADELSON: So I was kind of thinking, if you did want to go away for the weekend, it would be nice to have a gift card and a little tree to plant at your house.
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: Yeah, that's if you're going to go away and like just take a deep breath. Enjoy the fresh air.
KATHERINE MAGBANUA: Shit, I take a deep breath every day.
CHARLIE ADELSON: I think you need -- I think mamma needs a vacation and Dad needs one. So why don't you guys --
KATHERINE MAGBANUA: Not at all.
CHARLIE ADELSON: -- go on a vacation, leave the fucking kids at home. Smoke a big, fat fucking joint and have a cocktail and call it a day. wake up and do some fishing.
KATHERINE MAGBANUA: Aren't you supposed to be at work? what are you doing?
CHARLIE ADELSON: what's that?
KATHERINE MAGBANUA: I mean, don't -- don't people like you work?
CHARLIE ADELSON: NO, no, no.
KATHERINE MAGBANUA: TI see that.
CHARLIE ADELSON: No, I'm fucking driving to Port St. Lucie today.
KATHERINE MAGBANUA: wow, that's a long drive.
CHARLIE ADELSON: It's fucking far as fucking -- it's far if you took an --
KATHERINE MAGBANUA: How long does it take? How long does it take you to get there?
CHARLIE ADELSON: If I do like 80-something nonstop, it's an hour and a half.
KATHERINE MAGBANUA: Shut up.
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: You're crazy. How many patients do you have?
CHARLIE ADELSON: Honestly, it's not even that good of an office. They have another oral surgeon. It's kind of bullshit. And it's half a day. I like the --
KATHERINE MAGBANUA: (inaudible).
CHARLIE ADELSON: The secretary is always nice to me. And I have lost a bunch of offices that went corporate or got sold.
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: And then I had the implant rep bad-mouthing me to all my offices and two of them dropped me, so I don't care. I'm glad it's slower than it was like --
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: -- it really wasn't good for my health.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: I was Cinaudible) miserable.
KATHERINE MAGBANUA: Yeah, I mean, you're
(inaudible).
CHARLIE ADELSON: So... But anyway, let me if know you're planning to do a little fishing.
KATHERINE MAGBANUA: I wish. I don't even know.
CHARLIE ADELSON: well --
KATHERINE MAGBANUA: I don't even know (inaudible).
CHARLIE ADELSON: Do what?
KATHERINE MAGBANUA: Like I don't know. I'm the person with no plans. (inaudible). She's so annoyed.
CHARLIE ADELSON: Figure your shit out. And if I were you, I would go do some fishing, smoke a joint and have a cocktail because that fixes everything.
KATHERINE MAGBANUA: Yeah, liquor always fixes everything. Hallelujah.
CHARLIE ADELSON: And you might find Jesus.
KATHERINE MAGBANUA: Look, you find Jesus. And when you find him, you tell him to take care of me, okay?
CHARLIE ADELSON: I'm looking for him. I found -- I found -- I got so excited the other day, but then it was
(inaudible).
KATHERINE MAGBANUA: You're Jewish.
CHARLIE ADELSON: Dude, I'm your third favorite --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: Hey, am I your third favorite Jew still?
KATHERINE MAGBANUA: You are my third favorite Jew.
CHARLIE ADELSON: JI wonder who number one and two are.
KATHERINE MAGBANUA: Hello, he's number one.
CHARLIE ADELSON: Jesus?
KATHERINE MAGBANUA: Jesus. And then it's Drake.
CHARLIE ADELSON: Drake?
KATHERINE MAGBANUA: And then it's you.
CHARLIE ADELSON: And then Charlie?
KATHERINE MAGBANUA: Yeah, yeah. You're also going to be near number three.
CHARLIE ADELSON: I'm always behind three.
(inaudible).
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: It's a good thing TI is not Jewish.
KATHERINE MAGBANUA: Oh, TI. TI.
CHARLIE ADELSON: (Inaudible).
KATHERINE MAGBANUA: Oh, but he knows how much I'm in love with him.
CHARLIE ADELSON: I know, I know.
KATHERINE MAGBANUA: Oh, he had a baby already.
CHARLIE ADELSON: He has his reality show now.
KATHERINE MAGBANUA: Dude, are you serious?
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: He's been had that show for years.
KATHERINE MAGBANUA: What's wrong with you?
CHARLIE ADELSON: I just saw it.
KATHERINE MAGBANUA: Because you're White. You don't like to watch BET. Oh, do you even have BET still? I don't know, man, you need to watch something.
CHARLIE ADELSON: (Inaudible).
KATHERINE MAGBANUA: You need Jesus.
CHARLIE ADELSON: All right. I'll look for him.
KATHERINE MAGBANUA: Look for him. Oh, and Lemonade. Google it. Beyonce Lemonade, Google now.
CHARLIE ADELSON: Beyonce Lemonade? Yeah, yeah, yeah, I saw it.
KATHERINE MAGBANUA: Oh, you saw it?
CHARLIE ADELSON: TI got hot flashes in my bed.
KATHERINE MAGBANUA: You got hot flashes in your bed?
CHARLIE ADELSON: Yup.
KATHERINE MAGBANUA: Oh, my God, no, no. white people just don't understand. Okay. Bye.
(Recording concluded.)
BY MS. CAPPLEMAN:
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 did it -- when he says mamma needs a vacation with daddy, is there any evidence that indicates that Mr. Adelson was planning to go on this trip with Katherine Magbanua?
MS. CAPPLEMAN: what was the status of their relationship at this point, if you know?
PATRICK SANFORD: 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.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Let's go to the next day, April 28th, 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: Still no one had called the undercover back, called him at all. So we had the undercover agent call the Adelson Institute and ask for Donna Adelson.
MS. CAPPLEMAN: 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.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
ERIKA JOHNSON: Good morning. Thank you for calling Dr. Adelson's office. This is Erika speaking. How may I help you?
OSCAR JIMENEZ JR.: Yes, good morning. May TI speak to Donna, Ms. Donna Adelson?
ERIKA JOHNSON: May I let her know who's calling?
OSCAR JIMENEZ JR.: Sammy.
ERIKA JOHNSON: Sammy from?
OSCAR JIMENEZ JR.: I met her last week and I gave her some paperwork.
ERIKA JOHNSON: You met her last week and you gave her some paperwork. Regarding?
OSCAR JIMENEZ JR.: Oh, she knows what it's about. It's important paperwork.
ERIKA JOHNSON: Oh, okay. And your name was Sammy?
ERIKA JOHNSON: Do you have another phone number where you can be reached?
OSCAR JIMENEZ JR.: My number is 305 --
ERIKA JOHNSON: Uh-huh.
OSCAR JIMENEZ JR.: -- 712 --
ERIKA JOHNSON: Uh-huh.
OSCAR JIMENEZ JR.: -- 6570.
ERIKA JOHNSON: Okay. So she's not available right now, but I can have her maybe give you a call back.
OSCAR JIMENEZ JR.: Okay. Just tell her it's very important. I need to find out immediately what she thinks about the paperwork.
ERIKA JOHNSON: Okay. I certainly will.
OSCAR JIMENEZ JR.: I met her last week. Yes, thank you so much.
ERIKA JOHNSON: All right. Have a good day.
OSCAR JIMENEZ JR.: All righty. You, too.
(Recording concluded.)
MS. CAPPLEMAN: If you'll switch back to the other exhibit, we can publish Call Z next.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
DONNA ADELSON: Good morning, Charlie.
CHARLIE ADELSON: Hey, how are you?
DONNA ADELSON: Hey. Are you in an office or home or where are you?
CHARLIE ADELSON: No, no, no, I'm driving to an office now. what's up?
DONNA ADELSON: well, Erika called me this morning, and -- because Dad is on the road to the office. So Erika called me and she said -- she said, I wouldn't normally bother you with this, she says, I don't know if it's a sales call or what, but somebody called this morning and he said his name was Sammy and he gave you some very important papers last week and he hasn't heard from you. And he wants you to call him back, and here's the number. So --
CHARLIE ADELSON: Okay.
DONNA ADELSON: So I, you know, want you to verify the number was the same -- is the correct number that I had, you know, told you about. So obviously, I'm not going to call the number. Erika said, you know, if this turns out to be a sales call, just hit star 67 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. what's your suggestion?
CHARLIE ADELSON: The odd thing is this, is that that's the same number you gave me, right?
DONNA ADELSON: JI don't know, because I gave you the number. I never kept it. You kept it.
CHARLIE ADELSON: Tell me what the number was.
DONNA ADELSON: 305 --
CHARLIE ADELSON: Right.
DONNA ADELSON: 712-6570.
CHARLIE ADELSON: 65/70.
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: Yeah. No, it's -- it's someone -- the odd thing is is that it's 712-6570. Yeah, that's the same number and it was called and no one picked up.
DONNA ADELSON: Maybe they'll pick up now.
CHARLIE ADELSON: Okay. So someone called today?
DONNA ADELSON: They called the office and Erika called me. She says, I hope I'm not bothering you. It's probably a sales call.
CHARLIE ADELSON: Yeah, and listen, that's -- let me tell you something. I'm looking into it right now.
DONNA ADELSON: Yeah, I figured you were, but I just wanted to verify the number.
CHARLIE ADELSON: I know. And that's -- the odd thing is, you think the number would be picked up. I mean --
DONNA ADELSON: Yeah. well, they'll pick it up.
CHARLIE ADELSON: So let me do this --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: -- let me -- let me call somebody.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: And -- but I wouldn't -- Mom, trust me when I tell you I wouldn't worry at all.
DONNA ADELSON: Okay. Okay. I just wanted to tell you --
CHARLIE ADELSON: And I'll tell you why, especially -- especially because -- what do you call it -- especially because you know who it is. So let me call someone and take care it now. Okay?
DONNA ADELSON: Thank you, Charlie.
CHARLIE ADELSON: All right.
DONNA ADELSON: Love you.
(Recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: what happens immediately after this phone call?
PATRICK SANFORD: I believe he calls Katherine Magbanua, if I'm not mistaken.
MS. CAPPLEMAN: 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 in Call AA?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: All right. And that one goes to voicemail as well?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: Publish AA, please.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
AUDIO RECORDING: You have reached the voice mailbox of 786-564-1312.
CHARLIE ADELSON: Hey, it's me. It's important. Call me. Bye.
(Recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: And after -- so we've got two calls to Katherine Magbanua, one where he leaves a voice message. Are there two more unanswered calls sort of in rapid succession with that?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: And then we go to BB; is that right?
PATRICK SANFORD: That's correct, I believe.
MS. CAPPLEMAN: This is where she returns the call?
PATRICK SANFORD: Yes, she returns the call.
MS. CAPPLEMAN: Publish BB, please.
And, Judge, any time you're 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. very well, we'll take it now. we'll have a ten-minute break. The bailiff will escort you out.
(Jurors excused from the courtroom at 10:31 a.m.)
JUDGE EVERETT: Everyone can be seated. Agent, if you need to step down, you may do so.
(Recess taken from 10:31 a.m. to 10:47 a.m.)
JUDGE EVERETT: Everyone can be seated. Please bring in the jurors.
(Jurors returned to the courtroom at 10:55 a.m.)
JUDGE EVERETT: Everyone can be seated. You may continue with publishing the next call.
MS. CAPPLEMAN: Thank you, Judge. The next call is BB.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
CHARLIE ADELSON: Hey.
KATHERINE MAGBANUA: What happened?
CHARLIE ADELSON: Somebody called my dad's office today looking for him.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: Saying that they dropped off some paperwork to them.
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: And there was a phone number on there. And actually the person left the message with Erika. And Erika called my mom up, because she was like, you know, normally I wouldn't call you up, but I got this strange phone call. My mom's like, yeah.
KATHERINE MAGBANUA: Uh-huh. what's the phone number that they're calling from though?
CHARLIE ADELSON: JI can ask Erika, but Erika -- Erika said a guy by the name of Sammy called the office this morning saying that, I left some paperwork with Dr. Adelson last week. And I left a number on there and he needs to call me at that number.
KATHERINE MAGBANUA: No, somebody's like fucking pulling your bones and shit.
CHARLIE ADELSON: well, this is the third -- this is the third.
KATHERINE MAGBANUA: Call the number. Call the number. Because I'm about to call on my fucking phone.
CHARLIE ADELSON: I fucking -- I mean, it's someone who wants to be called back. Let's put it that way. Do you still have the number?
KATHERINE MAGBANUA: Yeah, well, obviously that number, nobody's picking up.
CHARLIE ADELSON: well --
KATHERINE MAGBANUA: That's not a working number. It's like a Gmail number.
CHARLIE ADELSON: Nobody's pulling a leg. I'm just asking you to find out who the fuck it is.
KATHERINE MAGBANUA: It's like --
CHARLIE ADELSON: You know --
KATHERINE MAGBANUA: -- get that number that's off of your -- off of the thing, off of the number -- off of the fricking caller ID.
CHARLIE ADELSON: At the office?
KATHERINE MAGBANUA: Yes, obviously. Because this is like a fucking bullshit game.
CHARLIE ADELSON: well, they're not -- they're not coming out on foot, they're not writing letters and they're not calling the office because they have nothing better to do.
KATHERINE MAGBANUA: well, I don't know what to tell you, because I called that number myself.
CHARLIE ADELSON: Okay. well, let's call that number again and find out what the fuck's going on.
KATHERINE MAGBANUA: And nobody picks up. And even tried another number and left a message.
CHARLIE ADELSON: Okay. Well, I would --
KATHERINE MAGBANUA: I'm trying to get whoever's threatening your family and helping you guys out, and trying to help you guys out, but it's like if they don't pick up, like what the fuck?
CHARLIE ADELSON: I understand.
KATHERINE MAGBANUA: It's like it's a fucking joke.
CHARLIE ADELSON: JI understand, but they fucking called this morning and they're waiting for the phone call. That's what I'm telling you. And so this is three times --
KATHERINE MAGBANUA: Get the number or whatever that is that's calling you or your family --
CHARLIE ADELSON: The 305 --
KATHERINE MAGBANUA: -- or whatever it is --
CHARLIE ADELSON: -- 712-6570. You do have the number.
KATHERINE MAGBANUA: Exactly. That number is obviously -- it's like a nonworking number.
CHARLIE ADELSON: Okay. Can you -- can you find out?
KATHERINE MAGBANUA: I tried. Okay? And then it's like, what -- I don't fucking understand. It's either somebody's pulling your bones, somebody is just harassing you, or somebody's trying to get something out of you.
CHARLIE ADELSON: Okay. Find out who the fuck it is, because the other phone call is going to be the FBI.
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: I'm telling you. well, I'm telling you, and then when they do catch the person, they're going to be asking him lots of questions about who Katie is.
KATHERINE MAGBANUA: We already spoke about this. It's like not even like a fucking joke anymore because --
CHARLIE ADELSON: It's not a fucking joke.
KATHERINE MAGBANUA: -- seriously it's like --
CHARLIE ADELSON: Katie, it's not --
KATHERINE MAGBANUA: -- somebody's fucking harassing you guys and somebody's harassing and using my name and it's like --
CHARLIE ADELSON: Okay. So you want me to have them --
KATHERINE MAGBANUA: -- Cinaudible) like that?
CHARLIE ADELSON: Look, Katie, think it through, find out who the fuck it is. That's all I'm asking you.
KATHERINE MAGBANUA: No Cinaudible) on my fucking cell phone because this is fucking bullshit and fucking -- somebody's trying to fucking pinpoint some bullshit. Like it's getting aggravating.
CHARLIE ADELSON: Yeah, it is. All I'm saying is, find out who the fuck it is and tell them to stop playing their games. I don't know who you have to talk to, but it needs to be nipped in the bud because --
KATHERINE MAGBANUA: No, I'm going to handle this shit myself, bro, because this is some fucking bullshit. I'm going to handle it my motherfucking self. (Inaudible) fucking number, if they fucking -- if Erika wants to call back, be like, oh, is this the right number? Okay. I have your fucking -- whatever fucking shit taken care of. Okay? Because it's fucking bullshit.
CHARLIE ADELSON: Find out --
KATHERINE MAGBANUA: That's threats, bro. I'm about to go to the fucking FBI. I'm fucking getting irate with this shit already. It's either the FBI fucking -- fucking playing games or fucking whatever it is, because I'm fucking --
KATHERINE MAGBANUA: -- getting pissed.
CHARLIE ADELSON: All right. well, find out. All I'm saying is --
KATHERINE MAGBANUA: And they fucking gave a wrong phone number.
CHARLIE ADELSON: Okay.
KATHERINE MAGBANUA: So you're an idiot. You gave a fucking wrong number. Get the fucking number to fucking call because I'm going to call them.
CHARLIE ADELSON: Okay.
KATHERINE MAGBANUA: And fucking text it to me. I don't even fucking give a shit about all this fucking bullshit, whatever shit anymore.
CHARLIE ADELSON: Okay.
KATHERINE MAGBANUA: I'm pissed the fuck off. Like I'm going to fucking go to the cops right now.
CHARLIE ADELSON: Okay. Well, either you go to the cops or we go to the cops --
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: -- to find out --
KATHERINE MAGBANUA: We're both going to --
CHARLIE ADELSON: -- who the --
KATHERINE MAGBANUA: -- fucking go to the cops because this is fucking bullshit.
CHARLIE ADELSON: well, find out who the fuck this is, because this person evidently knows you and knows your family. They know me --
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: -- and they know my family, so --
KATHERINE MAGBANUA: And you don't -- you don't think that that fucking scares the shit out of me, like somebody fucking saying my name out loud or whatever.
CHARLIE ADELSON: well, Katie, someone's messing -- 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.
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: So what I'm saying is, find out who the fuck it is.
KATHERINE MAGBANUA: That number doesn't fucking work. If you can get ahold, you go to different offices, call the motherfucking number. See if that fucking number works. Bottom line. Because I've tried myself and that shit does not work.
CHARLIE ADELSON: Katie, call them, find out who the fuck it is now. Trust me on this. Find out who the fuck it is.
KATHERINE MAGBANUA: Get the number -- listen to me and get the number and stop playing all of these games, because I --
CHARLIE ADELSON: I already --
KATHERINE MAGBANUA: -- Cinaudible) --
CHARLIE ADELSON: I --
KATHERINE MAGBANUA: -- with your parents to the fucking FBI or whatever fucker's doing this shit and fucking go and fucking report whoever's harassing.
CHARLIE ADELSON: All right. Katie.
KATHERINE MAGBANUA: That's it.
CHARLIE ADELSON: Katie, do you have -- do you -- I've got to get back to a patient. Do you have the number I gave you the other day?
KATHERINE MAGBANUA: I have the fucking number --
CHARLIE ADELSON: Okay, good.
KATHERINE MAGBANUA: -- and I told you --
CHARLIE ADELSON: Call it.
KATHERINE MAGBANUA: -- you don't listen. TI called the number.
CHARLIE ADELSON: I know you --
KATHERINE MAGBANUA: That's not a working number.
CHARLIE ADELSON: Good.
KATHERINE MAGBANUA: Get the number that called your fucking office.
CHARLIE ADELSON: Okay.
KATHERINE MAGBANUA: Listen to me for once.
CHARLIE ADELSON: I will. You want me to call Erika?
KATHERINE MAGBANUA: Hey, fucking A, bro. I'm going to fucking fuck up whoever the fuck is fucking with me.
CHARLIE ADELSON: I'm going to call my mom and have my mom call the office.
KATHERINE MAGBANUA: Get the fucking number --
CHARLIE ADELSON: which number?
KATHERINE MAGBANUA: -- because now your fucking parents -- a number's been calling and that's not a working number. So it's either somebody playing games, somebody's tapping into some shit, and somebody's just trying to fucking aggravate somebody.
CHARLIE ADELSON: Okay. Let me -- let me --
KATHERINE MAGBANUA: And I'm aggravated.
CHARLIE ADELSON: -- repeat this to you. Do you want me to have Erika go on the caller ID and look to see what number that was --
CHARLIE ADELSON: -- that called?
KATHERINE MAGBANUA: Get the fucking number. Obviously they're calling from somewhere else if it's not the same number that you said. How about you call and find that out --
CHARLIE ADELSON: Try -- okay. Do me a favor. Try that number I gave you the other day, and I'm going to call my mom and tell her to call Erika and ask her to look it up on the caller ID. Okay?
KATHERINE MAGBANUA: Get it. All right.
CHARLIE ADELSON: But call that --
KATHERINE MAGBANUA: Whatever it is --
(Recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. Tensions rising a little bit?
AUDIO RECORDING: A little bit.
MS. CAPPLEMAN: Okay. Let's go to CC please.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
DONNA ADELSON: Hey, Charlie.
CHARLIE ADELSON: Hey, Mom. Do me a favor. Does Erika have caller ID at the office?
CHARLIE ADELSON: There is no caller ID?
CHARLIE ADELSON: Is there a way of looking up what number it was that called? I thought we always had that caller ID thing at the office up front.
DONNA ADELSON: we did and it stopped working, so then we just dumped it. It was not working properly.
CHARLIE ADELSON: Because that number was a nonworking number. I mean, I have someone trying to call it again and find out. Maybe it's working now, okay?
DONNA ADELSON: Yes, okay.
CHARLIE ADELSON: All right. I'1I1l call you as soon as I hear something.
DONNA ADELSON: Thank you, Charlie.
CHARLIE ADELSON: I'll call you within an hour; okay?
DONNA ADELSON: Okay.
(Recording concluded.)
MS. CAPPLEMAN: DD, please.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: Okay. There is no caller ID at the office. call the fucking number that I gave you the other day. I know it was nonworking the other day when you called. Call it again.
KATHERINE MAGBANUA: If it's very important, then this would be a working number. Okay?
CHARLIE ADELSON: Exactly, so --
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: -- call it again.
KATHERINE MAGBANUA: So somebody gave you a fucking wrong number to get (inaudible).
CHARLIE ADELSON: Katie.
KATHERINE MAGBANUA: -- Gmail fucking number. I'm telling you, bro. I'm telling you. I'm in a fucking office and I'm standing outside to fucking scream, okay?
CHARLIE ADELSON: Call that number.
KATHERINE MAGBANUA: Whatever it is, it's either somebody is fucking with your family, fucking with my family and fucking setting somebody up.
CHARLIE ADELSON: Okay.
KATHERINE MAGBANUA: And I don't play any fucking games. I don't know what you're thinking. You're not thinking. You're not thinking.
CHARLIE ADELSON: Okay. What do you want me to do?
KATHERINE MAGBANUA: You want to call from my fucking phone?
CHARLIE ADELSON: what's that?
KATHERINE MAGBANUA: You want to call from my fucking phone?
CHARLIE ADELSON: I could care less where you call from. I'm just saying --
KATHERINE MAGBANUA: Exactly. Oh, my God, bro.
CHARLIE ADELSON: All I'm saying is I don't give a fuck --
KATHERINE MAGBANUA: That number has been called 100 times.
CHARLIE ADELSON: Okay.
KATHERINE MAGBANUA: It's not a working number.
CHARLIE ADELSON: Call --
KATHERINE MAGBANUA: If you go -- you go ahead. No, no, no. You Cinaudible) and you fucking find a fucking phone and you call. And find out what the fuck is going on, if they pick up. Because they're obviously not -- it's not a working number. You find another phone and you go call. Whatever setup this bullshit is, it's somebody that's trying to fish for fucking some shit and just fucking throwing out names or whatever.
CHARLIE ADELSON: Okay?
KATHERINE MAGBANUA: For all you know, this fucking person is already fucking listening to everything.
CHARLIE ADELSON: Okay. Well, there's nothing. They can listen to whatever conversations they want. I'll call from the office and then from there, I'll call the FBI.
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: (Inaudible).
KATHERINE MAGBANUA: All right. Let me know then.
CHARLIE ADELSON: Okay.
(Recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Okay. Does somebody call the undercover next?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: who calls the undercover?
PATRICK SANFORD: Charlie Adelson does.
MS. CAPPLEMAN: All right. That's call FF. Can we publish that one, please?
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
CHARLIE ADELSON: Hello?
OSCAR JIMENEZ JR.: (Speaking Spanish). Hello?
CHARLIE ADELSON: who is this?
OSCAR JIMENEZ JR.: who is this?
CHARLIE ADELSON: Someone's been calling my family. I'm trying to figure out who this is.
OSCAR JIMENEZ JR.: In reference to what, man?
CHARLIE ADELSON: Someone by the name of Sammy called.
OSCAR JIMENEZ JR.: Yeah, that's me, man.
CHARLIE ADELSON: All right. What's -- what's going on?
OSCAR JIMENEZ JR.: Well, what's going on is my brother, Tato, okay, my brother, Tato, has not been taken care of. His family has not been taken care of. I talked to the dentist's office -- why are you calling me? who are you? I gave my number to a lady.
CHARLIE ADELSON: TI don't know Tato.
OSCAR JIMENEZ JR.: You don't know Tato?
OSCAR JIMENEZ JR.: I'm sure you know Katie and Tuto. They've been taken care of since the family problem's been taken care of up north.
CHARLIE ADELSON: I don't know Cinaudible) --
OSCAR JIMENEZ JR.: You don't?
OSCAR JIMENEZ JR.: Nothing's going away, my friend, because let me tell you something, I was in Broward with Tato and he told me the whole story. He told me nobody was taking care of him, nobody was taking care of his family. The family was taking care of Katie and Tuto, and nothing's been taken care of with Tato.
So we know. we know what's going on. And Tato needs to be taken care of. Do the right thing. The lady already has the paperwork. She knows what I'm talking about. We know Katie. We know Tuto. we know they've been taken care of.
CHARLIE ADELSON: All right. Let me -- let me look into things.
OSCAR JIMENEZ JR.: No more fucking around, man. No more fucking around. This ain't going away. You -- Tato -- you guys need to do the right thing for Tato. That's my brother, man, that's my brother. And he needs to be taken care of, his family needs to be taken care of just like Katie and Tuto been taken care of.
CHARLIE ADELSON: I -- I've never met -- met these people, but let me call you back. Okay?
OSCAR JIMENEZ JR.: That's bullshit, man. You know exactly what I'm talking about. You know this lady. I don't know your relationship to the lady, but you know what the fuck is going on.
CHARLIE ADELSON: All right. Let me call you back.
OSCAR JIMENEZ JR.: Take care -- take care of Tato just like you take care of Katie and Tuto, man.
(Recording concluded.)
BY MS. CAPPLEMAN:
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: And that was somehow reflected on the wire?
PATRICK SANFORD: On the wire, yes. It has dialed digits.
MS. CAPPLEMAN: 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: And is he the first -- is she the first person he calls after he hangs up with the undercover?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: At some point, does she call back?
PATRICK SANFORD: Yes, she does.
MS. CAPPLEMAN: Publishing call GG.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
CHARLIE ADELSON: Give me two minutes. Hang on a second.
I called the number. It rang like seven or eight times, and then somebody picked up, and sounded like -- he goes, you know -- you know, who is this? And -- and I said, I'm returning a call. And then he said, what is this in reference to? So the guy that called my office this morning, and -- Simon. So I said, someone by the name of Simon left a call this morning. And I go, what's -- I go, what's this about? He's like, who are you? I go, that's not important. what do you need?
You there?
KATHERINE MAGBANUA: Yeah, yeah, yeah.
CHARLIE ADELSON: So I said -- I said, it's not important who I am. I say, what can I do to help you out? what do you need?
KATHERINE MAGBANUA: — Uh-huh.
CHARLIE ADELSON: And he said, listen, man, he's like, Tuco [sic] or whatever the fuck his name is, he's like, someone did a really big favor for you and was there for you and we know -- and, listen, I'm Tuco's brother and I was with him in Broward. So I don't know if this guy's from Broward or whatever. He's like, I was with him down in Broward and he hasn't been taken care of, his family hasn't been taken care of. And he's like, it's fucking bullshit. He's like -- and as he's -- I'm letting him talk. As he's talking, I'm hearing a little bit of a New York -- New York accent.
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: You know, as he's trying to -- you know, when he picked 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, like the tough guy routine sounded like it was coming out. So he's like, listen, he's like, I was with -- I know your -- I know you guys took care of and you're taking care of Katie and Tuto and you're taking care of their family. Now he needs to be taken care of. And I was with him in Broward, and he's done a big favor for you.
And I go, sir, I go, I don't know. He goes, I know you've been giving money to Katie and Tuto and taking care of their family. I go, no money has been given. I said, I don't even know who these people are, and I don't -- I don't know what you're talking about. And he's like, who are you? I'm like, listen, it's not important. I said, I don't know what you're talking about. No one's paying anybody. And he's like, well, listen, man, this shit's not fucking going away. You better fucking do the right -- he was like, it's not going away --
KATHERINE MAGBANUA: Oh, so he started saying bad words?
CHARLIE ADELSON: what's that?
KATHERINE MAGBANUA: So they started saying bad words?
CHARLIE ADELSON: He may -- he may have said a bad -- may have cursed, but he goes, listen --
KATHERINE MAGBANUA: — Uh-huh.
CHARLIE ADELSON: He left it with, he goes, listen -- it may have been like, this shit or whatever it is -- this shit's not going away and you need to -- you need to help Tuto's fam-- whatever his name is -- family out the way you're helping out Katie and Tuto. And I go, nobody -- I don't know who you're talking about, and I don't -- I don't know what I can do for you. I said -- he goes, you know -- he goes, well, it's not going away, and he says -- he says, do the right thing. You've got to help them out. which when I first --
KATHERINE MAGBANUA: And you should have been like, who are you, number one.
CHARLIE ADELSON: well, he told me he was his brother. Obviously he's not going to give me his real name. And I was being really polite to him. Like I've got --
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: Hold on one second. You got it? Okay. Give me two minutes and I'll be right there. I was being really polite.
KATHERINE MAGBANUA: But he said he's a brother from Broward?
CHARLIE ADELSON: NO, no, no. He says, I know him from Broward, or, I saw him down in Broward.
KATHERINE MAGBANUA: — Uh-huh.
CHARLIE ADELSON: So I don't know if like this guy that they're talking about was incarcerated in Broward or held in Broward or whatever, but he referenced Broward. He referenced Katie and Tuto --
KATHERINE MAGBANUA: So they're saying --
CHARLIE ADELSON: -- and family.
KATHERINE MAGBANUA: -- my name again. Uh-huh.
CHARLIE ADELSON: Yeah, so your name and -- and some other guy's name that I don't even fucking know.
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: You know, some -- was saying -- talking about Tuto, which I don't even fucking know who -- who that is, so that's two people I don't know of. And he's talking about your family, saying your family's being helped out, which I don't fucking know. TI mean, other than the hours I give you to go up in the office on the weekends to take care of shit.
KATHERINE MAGBANUA: Yeah, exactly.
CHARLIE ADELSON: But -- but that's -- I do, I help you out. You fucking earn the money on weekends when you go up.
KATHERINE MAGBANUA: And is this the 305 number you called, the 305?
CHARLIE ADELSON: Yep. And he -- he left it where he said --
KATHERINE MAGBANUA: And it rang a long time?
CHARLIE ADELSON: I want to say it was like on the seventh or eighth ring that it picked up. And he left it with --
KATHERINE MAGBANUA: That's a long time because usually --
CHARLIE ADELSON: Yeah, yeah, I know. I was almost --
KATHERINE MAGBANUA: -- phone calls --
CHARLIE ADELSON: I was almost like -- and he was asking me, like, you know, who is this? He goes -- he goes, listen, I gave that paper to a lady. He goes, who are you? TI go, don't worry about it. I go, I'm trying to figure -- I'm trying to find out what's going on.
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: So, you know, this person is under the assumption that I'm helping.
KATHERINE MAGBANUA: But they said they're a friend in Broward, or they said they're a brother from Broward?
CHARLIE ADELSON: He said he was his -- he said he was this guy's -- some -- this guy, who evidently told my mom he was incarcerated, his brother. And he's saying that he has not been paid and his family has not been taken care of, and this is not going away. And I'm like -- I mean, I -- I'm not -- I mean, I don't help -- I don't just give charity out. Like you come in my office --
KATHERINE MAGBANUA: Yeah, like you can't be like --
CHARLIE ADELSON: -- you work.
KATHERINE MAGBANUA: -- (inaudible) like freaking people threatening you and mentioning names --
KATHERINE MAGBANUA: -- and -- you know what I mean?
CHARLIE ADELSON: And he sounded, honestly -- he didn't sound Latin. And he sounded like he had just -- you know, there's a little bit of a New York accent to his -- to his toughness.
KATHERINE MAGBANUA: — Uh-huh.
CHARLIE ADELSON: So --
KATHERINE MAGBANUA: But like well spoken?
CHARLIE ADELSON: Yeah, wasn't -- didn't threaten me at all, did not threaten me at all. He just let me know this ain't -- he goes, this is not going away and you need -- and he's like, you need to take care of him. You need to do the right thing. He was there for you. And I'm like --
KATHERINE MAGBANUA: Right.
CHARLIE ADELSON: And I go -- I go, I don't know. He goes -- I go, I don't know who this person is, I said, but, I said -- I said, let me call you back later. That's how I left it with him. I said, I'll -- I said, sir, I said, 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. which --
KATHERINE MAGBANUA: He said, do the right thing?
CHARLIE ADELSON: -- do the right thing -- do the right thing, dude, sounds like a fucking cop that's fishing, that's where an investigator or someone's playing games. But I don't -- I don't -- he's coming up with a lot of fucking details. And I'd love to know these details, because I don't know two of the people's names they're talking about. And you may -- you may be even the wrong Katie, and then I feel even more like a dumbass.
KATHERINE MAGBANUA: Exactly. Just one -- a little quick recap, just because I don't want to like, you know -- like how did -- how did like the conversation start?
CHARLIE ADELSON: It rang, and he goes, who is -- he goes, hello? I go, hi. He goes, who is this? And I go, I'm returning a phone call. And he goes, what is this in reference to? So I said --
KATHERINE MAGBANUA: That's exact words?
CHARLIE ADELSON: Yep. He goes, what is this in reference to?
KATHERINE MAGBANUA: In reference to. Wow, those are some educated words.
CHARLIE ADELSON: Yeah. No, no, no, he was well spoken when my mom met him. Like he goes, what is this in reference to? So I said, I'm returning a call that Simon -- I'm returning a message that Simon had left this morning.
KATHERINE MAGBANUA: That was the name, Simon?
CHARLIE ADELSON: Yeah, that was the name when he called up my office and spoke to Erika and said, listen, I gave a piece of paper to Ms. Adelson last week with a number on it. Tell her to call it, and this is Simon.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: So I said -- I said, okay. TI said -- I said, I'm returning a message from Simon. So then he knew that it was in reference to this fucking nonsense.
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: So I said, you know, like what I told you. I said, you know -- I go -- he goes, well, you -- I know that your family -- the family's been --
KATHERINE MAGBANUA: Yeah, yeah.
CHARLIE ADELSON: -- giving money --
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: He kept -- he kept referencing that, like --
KATHERINE MAGBANUA: But he --
CHARLIE ADELSON: -- we're giving all this money to a fucking family, like -- and referencing, there was two names, there's Tuto and Tuco or whatever.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: That supposedly I'm giving money to you and some other dude --
CHARLIE ADELSON: -- and your family. I don't know these people. Never met them. So it's real interesting.
KATHERINE MAGBANUA: And he's saying he's a brother -- is he brothers with this person that he's saying is incarcerated?
CHARLIE ADELSON: Yeah, he's saying he's his brother who's incarcerated. But he didn't --
KATHERINE MAGBANUA: And he's saying he's from Broward?
CHARLIE ADELSON: He said he's -- he said -- in referenced something like I was with him in Broward.
KATHERINE MAGBANUA: I was with him in Broward.
CHARLIE ADELSON: So I don't know. Is this guy incarcerated in Broward County? Is he from Broward? I don't know who these -- who these people are. But I don't like --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: -- the fact that they're referencing --
KATHERINE MAGBANUA: (Inaudible), no.
CHARLIE ADELSON: -- your name --
KATHERINE MAGBANUA: No, definitely.
CHARLIE ADELSON: -- and your family, and who -- I don't know who this dude is that you're with or if they're just making up names --
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: -- or if I -- if we should just go to the FBI and say, you know what, let's -- let's play phone tap.
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: So I don't -- you know what I'm saying, though?
KATHERINE MAGBANUA: You should have been like, well, you're doing a lot of threats, number one. I don't know what the fuck you're talking about, number two.
CHARLIE ADELSON: well, he never -- he never said he was (Cinaudible) and he was -- you know, I just wanted him to keep talking.
KATHERINE MAGBANUA: — Uh-huh.
CHARLIE ADELSON: And that's why I wanted to just --
KATHERINE MAGBANUA: Yeah, to get a feeling of who the person is?
CHARLIE ADELSON: Yeah, because he wasn't like -- you know, he was wanting to know who I was, and I go, it's not important.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: And he said -- but when he left it with, yo, he goes, yo, listen, he goes, you gave him money. He has not been paid. His family hasn't been paid. It's fucking wrong. And -- or he's like, it's wrong, and he goes -- he goes, this ain't going away. He's like, do the right thing, take care of him, he helped you out. I'm like, I don't -- I go -- I go, I don't know.
KATHERINE MAGBANUA: (Inaudible). who?
CHARLIE ADELSON: I go, I don't know him. TI go, my family --
KATHERINE MAGBANUA: Did you pull his teeth out or what? Like what the fuck does that mean?
CHARLIE ADELSON: I think -- listen, it could be a lot of --
KATHERINE MAGBANUA: Is he a patient?
CHARLIE ADELSON: That's a wacky --
KATHERINE MAGBANUA: It's like you run across so many people every day.
CHARLIE ADELSON: Listen, in two seconds you read something in the newspaper or you Google a last name, and in three minutes, the homeless man today has the technology to know where you live, where you work --
KATHERINE MAGBANUA: Right. But now they're calling me in. Iwas in a meeting. I stepped out. Okay.
CHARLIE ADELSON: Okay.
KATHERINE MAGBANUA: Let me --
CHARLIE ADELSON: So --
KATHERINE MAGBANUA: -- let me find out who the --
CHARLIE ADELSON: Listen --
KATHERINE MAGBANUA: -- fuck is he referencing, all of this.
CHARLIE ADELSON: well, they're --
KATHERINE MAGBANUA: But I will call that number.
CHARLIE ADELSON: They're picking it up. whether you want to call it or if you have a friend that could be convincing, because -- tell someone to like stop the shit.
KATHERINE MAGBANUA: (305)712-6570, correct?
CHARLIE ADELSON: 65 -- yeah, (305)712-6570.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: They need to know that I'm not -- hey, I -- it's fucking stupid what they're doing.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: I'm not paying anything (inaudible) --
KATHERINE MAGBANUA: All right.
CHARLIE ADELSON: -- guilt (inaudible).
KATHERINE MAGBANUA: Yeah. No. What the hell you talking about?
CHARLIE ADELSON: The only thing I want to do was collect my reward from the FBI if I know who it is.
KATHERINE MAGBANUA: Of course. No. I want these people to go -- I want these people to go to jail for like freaking like threatening.
CHARLIE ADELSON: Do you know what -- dude, do you know what kind of vacation I could get with that money?
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: TI need a fucking vacation.
KATHERINE MAGBANUA: All right. Let me -- let me go and get going.
CHARLIE ADELSON: All right. I'1Il talk to you later. Call me later.
KATHERINE MAGBANUA: All right. Thanks. Bye.
(Recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Prior call -- 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?
MS. CAPPLEMAN: 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. Anywhere on here or elsewhere does he say, who have you been telling about the money you've been extorting me -- extorting out of me over the last two years?
PATRICK SANFORD: No, it iS not mentioned at all.
MS. CAPPLEMAN: what does Magbanua do after they hang up from this call?
PATRICK SANFORD: She calls Sigfredo Garcia.
MS. CAPPLEMAN: Okay. I think it's actually a text next, HH?
PATRICK SANFORD: Oh, sorry, yes. It is a text first.
MS. CAPPLEMAN: Let me publish that, please.
And then a call from her to Garcia next, II; is that right?
PATRICK SANFORD: Correct, at 1:22 p.m.
MS. CAPPLEMAN: Let's publish that, please.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
KATHERINE MAGBANUA: -- meetings on Thursdays. And then I had my own meeting in a conference room. Aye, yi, yi.
Okay. I have more information for you. And when I got a call this morning, like I -- I couldn't -- I couldn't even take it. Because I had to step out of my meeting because I just heard about it and I was like -- because I got a call back-to-back-to-back. So -- hold on. Give me one second. TI don't want my boss to come out. What was I going to tell you?
Okay. So this person contacted the office. Hello?
SIGFREDO GARCIA: Yeah.
KATHERINE MAGBANUA: Whatever. Supposedly he said his name was Simon. Okay? Contacts the office saying, oh, whatever, I had given a piece of paper to this person there. Obviously somebody's doing -- they're -- whatever they're doing. They're threatening. And like they're very, very close to reporting it already.
whatever it is, he's getting pissed because my name's involved and because -- this gets better. But I'm like, you know what, cut the bullshit, just tell me everything on the phone right now because I don't have time, I'm fucking working, like what -- what is it? Like, I want to handle this and I want to handle it like right now. So they said, okay. They called the office.
I was like, look, I've tried to contact that number. It's not a working number. They're like -- I was like, why don't you go ahead and star 67 and go call the fricking number. And then whatever. That person did it. They go, okay, I'm returning a phone call.
And then the person goes, who are you? And they're like, doesn't matter. I'm returning a phone call regarding something of a paper or whatever. And then they're like, okay, well, we know you've been helping out -- they said my name and your name and I --
SIGFREDO GARCIA: wait.
SIGFREDO GARCIA: They said Kate-- they said Katie and Tuto?
KATHERINE MAGBANUA: Yes, they say our names, that you've been helping them out. And he's like, I don't even know what the fuck they're talking about. I don't even know -- I only -- I don't even know if you're the right person that they're talking about. For all I know, it could be another Katie or whatever. And I was like, okay. what else did they say?
They're like, oh, well, they're a brother -- they're a brother of this other person that is supposedly incarcerated. And they're a brother of them and that they know him from -- from -- from Broward. I don't know if they were together in Broward and he got out or whatever the case was. But he's like, but this family needs help. Do the right thing. Like, this -- the fact -- he's like, we know for a fact that you're helping them.
I'm like, helping who out? Yeah, I've been helped. I work for you people. Like, that's it. I was like, well, that's not helping me out. That's me working for you. And I was like, I don't know what they're talking about. So -- but they said, do the right thing.
His name is supposedly Simon. They're a brother of the person that's incarcerated, and they said that name. And I was like, no, this needs to stop. Like this needs to stop. Because somebody's harassing me, somebody's harassing your family and they're putting my name and then our -- and that other person's name. It's getting too detailed. It's somebody that knows, for sure.
SIGFREDO GARCIA: Yeah.
KATHERINE MAGBANUA: For sure. He said the other person had -- like he was trying to get him to talk more. He's like, the person has like maybe a New York accent. 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 he needs it because we know that you're helping out --
SIGFREDO GARCIA: So what person and what family? what person? what family?
KATHERINE MAGBANUA: Tato and his family because they need it. And then before the -- and he goes, I don't know what the hell you're talking about. And the person goes, well, do the right thing.
SIGFREDO GARCIA: well, did he tell him, well, listen, if you guys keep harassing me, we're going to call the cops?
KATHERINE MAGBANUA: That's what I said. I was like, why didn't you just say that? Oh, no, the person said, this is not going to end; do the right thing.
SIGFREDO GARCIA: Did he get information where he wanted me to meet --
KATHERINE MAGBANUA: Get the phone number. Get the phone number.
SIGFREDO GARCIA: The number that you keep giving me are the wrong numbers.
KATHERINE MAGBANUA: No, no, no. (305)712-6570. They picked up. Because I was getting tired of it. I don't know what's happening or whatever, but --
SIGFREDO GARCIA: 712-6570.
KATHERINE MAGBANUA: No, no, no. (305)712 -- 712-6570.
SIGFREDO GARCIA: That's what I said.
KATHERINE MAGBANUA: who the fuck this is, it needs to stop. They obviously know somebody. They're putting my name, they're putting your name, they're putting --
SIGFREDO GARCIA: Okay. All right. All right. ATI right.
KATHERINE MAGBANUA: -- and they're harassing family.
SIGFREDO GARCIA: All right.
KATHERINE MAGBANUA: Okay? All right.
SIGFREDO GARCIA: All right.
KATHERINE MAGBANUA: Are you going to work right now?
SIGFREDO GARCIA: (305)712-6750. I mean, 57 --
SIGFREDO GARCIA: Fuck. Just text it to me, man.
SIGFREDO GARCIA: Text it to me.
KATHERINE MAGBANUA: No, I don't want to.
SIGFREDO GARCIA: Just text it to me.
KATHERINE MAGBANUA: 712-6570.
SIGFREDO GARCIA: All right. Bye.
KATHERINE MAGBANUA: All right. Bye.
(Recording concluded.)
MS. CAPPLEMAN: JJ, please.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
KATHERINE MAGBANUA: Hello. Hello?
SIGFREDO GARCIA: Hello.
KATHERINE MAGBANUA: Hello.
SIGFREDO GARCIA: Yeah. (Inaudible) a fucking phone again. But I was just going to call from my phone and then dump it (inaudible).
KATHERINE MAGBANUA: What happened?
SIGFREDO GARCIA: I was going to call from my phone, bro, and then I was going to get rid of my phone. So I got to call it from my office.
KATHERINE MAGBANUA: No. I mean, call from somewhere else, but like -- or block it. Don't do it from your office. It's your office. You know what I mean? Do it from your phone.
SIGFREDO GARCIA: No, I'm not calling from my office. I'm calling from my phone. And just -- and then I just dump it, get rid of it. I don't know. Finding a fucking payphone is impossible, bro.
KATHERINE MAGBANUA: No, but (inaudible).
SIGFREDO GARCIA: All right. All right.
KATHERINE MAGBANUA: Use somebody -- use a friend's phone. (Inaudible).
SIGFREDO GARCIA: All right.
KATHERINE MAGBANUA: Not yours. A friend's.
SIGFREDO GARCIA: Oh, all right.
KATHERINE MAGBANUA: Okay?
SIGFREDO GARCIA: All right.
KATHERINE MAGBANUA: All right. Bye.
(Recording concluded.)
MS. CAPPLEMAN: KK, please.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
KATHERINE MAGBANUA: what?
SIGFREDO GARCIA: (305)712-6570. You sure that's the number; right?
KATHERINE MAGBANUA: Say it one more time, 305.
SIGFREDO GARCIA: 712-6570.
SIGFREDO GARCIA: All right. Some fucking Puerto Rican answering machine shit. I don't know who the fuck -- I don't know. I'm not going to try to call them again, bro.
KATHERINE MAGBANUA: Okay.
SIGFREDO GARCIA: I need to get this fucking -- I'm going to call -- if it's a real fucking person, I'm calling them from my fucking phone. (Inaudible). All right. Bye.
KATHERINE MAGBANUA: Is -- remember that other one? Do you think it's that one?
SIGFREDO GARCIA: I don't know, man. TI don't know. I don't know. It sounds like a fucking Cinaudible). The message sounds like a Nuyorican nigga.
SIGFREDO GARCIA: Hey, puto, I'm busy, on the answering machine. Call me back. (Speaking Spanish). Like -- like what? TI don't know.
KATHERINE MAGBANUA: That's what the answering machine said?
SIGFREDO GARCIA: Yeah.
KATHERINE MAGBANUA: Shut up.
SIGFREDO GARCIA: That's what it says. I swear to God.
KATHERINE MAGBANUA: Shut up.
SIGFREDO GARCIA: Swear to God, bro. The fucking answering machine says, hey, puto, I'm busy. (Speaking Spanish). Like, what the fuck? It's like, yo, are you stupid, dude? Are you some kind of fucking moron?
KATHERINE MAGBANUA: That's what they told you?
SIGFREDO GARCIA: No. That's what the answering machine says when you call the number. No one answered the phone.
KATHERINE MAGBANUA: Hmm, okay. That's weird.
SIGFREDO GARCIA: That's odd. That's what I'm saying.
KATHERINE MAGBANUA: Very. Okay.
SIGFREDO GARCIA: Are they fucking -- are they that stupid they have to use the number, or do they pretend to be that stupid so that we think they're that stupid?
KATHERINE MAGBANUA: Okay.
SIGFREDO GARCIA: I don't fucking under --
KATHERINE MAGBANUA: Definitely Nuyorican.
SIGFREDO GARCIA: New York, Puerto Rican.
KATHERINE MAGBANUA: Uh-huh.
SIGFREDO GARCIA: Nuyorican.
KATHERINE MAGBANUA: Uh-huh. Broward.
SIGFREDO GARCIA: A 305 number, so how is it in Broward?
KATHERINE MAGBANUA: No. But I'm saying, he said Broward.
SIGFREDO GARCIA: The nigga is -- that nigga ain't, nah.
KATHERINE MAGBANUA: (Inaudible).
SIGFREDO GARCIA: It sound -- and it sounds like -- it sounds like -- it doesn't sound like -- I don't know, man. I don't know.
KATHERINE MAGBANUA: Okay.
SIGFREDO GARCIA: All right.
SIGFREDO GARCIA: Bye.
(Recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Did Garcia call the undercover?
PATRICK SANFORD: we believe so. There was a hang-up call.
MS. CAPPLEMAN: Did he leave a message?
MS. CAPPLEMAN: Did he ever actually talk to the undercover?
MS. CAPPLEMAN: Was there a voice -- outgoing voicemail similar -- or fitting the description, the colorful description that we got?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: All right. Let's play LL, please.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
KATHERINE MAGBANUA: Hello? Hello?
CHARLIE ADELSON: Hey.
KATHERINE MAGBANUA: Hello?
CHARLIE ADELSON: So what's -- yeah. Can you hear me?
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: Okay. So --
KATHERINE MAGBANUA: Hold on. Hold on. Give me two seconds. Let me just walk out.
Thank you.
Okay. So it was weird. I called the number, right, and like the answering machine, there's like something in the answering machine now, like. what the fuck? Like some ghetto guy, like talking on an answering machine, and said one of the names you said. Like, I don't understand the joke. I don't get it.
CHARLIE ADELSON: So it was just an answering machine, no one spoke to you?
KATHERINE MAGBANUA: No. Like they didn't pick up.
CHARLIE ADELSON: And like were they talking all --
KATHERINE MAGBANUA: And then the answering machine, all of a sudden -- I don't know, like because I can't hardly remember. Like my friend has to like find out for me, you know? And it was like they -- they said -- I don't know if they said their name was -- was whatever, Tuto or Tato, whatever shit they said on the answering machine. All of a sudden, now -- now it has an answering machine. Like a voicemail, I mean.
CHARLIE ADELSON: what did the voicemail say?
KATHERINE MAGBANUA: Like, I don't know. Let me find -- let me find out, because it's like I can't like really talk at work. And then I couldn't --
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: -- really understand.
CHARLIE ADELSON: Call -- when you call, do you call with -- with the call blocked?
CHARLIE ADELSON: Do you call --
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: Yeah, but it doesn't matter. No matter what phone you're using, it still shows -- you know?
CHARLIE ADELSON: well, it shows -- it doesn't show who's calling though.
KATHERINE MAGBANUA: I know. I know how to block a call.
CHARLIE ADELSON: Right.
KATHERINE MAGBANUA: That's not the point, but it's like --
CHARLIE ADELSON: Star 67. So I did that. It rang seven times.
I'll be there in one minute. without Tylenol? vicodin is acetaminophen. It's ibuprofen. It's not Tylenol. Yeah.
Okay.
KATHERINE MAGBANUA: You know, it's like, fucking lady, get the fuck out the way, you stupid ass.
CHARLIE ADELSON: Yeah. I would -- I would do this, I would, I guess, just call again later and --
KATHERINE MAGBANUA: Yeah, I'm going to say, you know what, with all this crank calling, I'm going to call from every-fucking-body's phone and fucking leaving a message on everybody's fucking phone, from everybody's phone. You want to play games? I'll play games.
CHARLIE ADELSON: Really fucking odd because they --
KATHERINE MAGBANUA: It's weird they pick up --
CHARLIE ADELSON: -- it picked up on the --
KATHERINE MAGBANUA: -- for you.
CHARLIE ADELSON: And they -- they called and -- I mean, the only thought in my head would be is -- except that one thing, maybe you could find out, or I'm going to wait a couple days and then I may call the person back. So the person was -- when they answered the phone at first, they weren't that ghetto, and as they started talking to me, they started acting -- talking more tough, but it was more of like a -- I could hear a New York accent in there. And it sounded like a white guy.
KATHERINE MAGBANUA: Yeah. No, no, no, the voicemail sounded Nuyorican, but I got to find out what's going on. But I'm saying I'm going to -- I'm going to call from somebody else's phone, because I don't want my -- because you know I use this phone for work.
CHARLIE ADELSON: Right. And -- and the thing is --
KATHERINE MAGBANUA: And the last thing I need is like somebody crank calling me.
CHARLIE ADELSON: Right. Listen, the one thing is this, either maybe that person will want to meet someone and talk to them about what their issue is, or I want to ask the person --
CHARLIE ADELSON: -- and say --
KATHERINE MAGBANUA: They're going to have an issue, because you don't just go threatening people, throwing out names.
CHARLIE ADELSON: They're -- they're saying that I'm helping a Ka-- or not me, but my family is helping a Katie and her family and some other guy that's name began with a T that I've never -- I'm like, dude, I don't -- never met any of these people. He goes, well, you're not, but the family has been. And they've been helping them out, her and her family and this other guy.
KATHERINE MAGBANUA: You haven't met, but then they're -- like it makes no sense to --
CHARLIE ADELSON: But he's like -- he's like -- because --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: -- he asked me who I was, and I was like, none of your business. So I was almost -- well, in hindsight, what I should have said was, who -- because I have a big -- because this is a big family and there's lots of cousins.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: who -- who in my fam-- the Adelson family is a big family.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: So what I should have said to the guy is, who in my family, who in the Adelson family --
KATHERINE MAGBANUA: — Uh-huh.
CHARLIE ADELSON: -- owes somebody money? Give me the name.
KATHERINE MAGBANUA: Yeah. Of course --
CHARLIE ADELSON: Give me the name --
KATHERINE MAGBANUA: -- we can like pinpoint it.
CHARLIE ADELSON: -- and then I will go to that person in that family and say, who did you not pay?
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: 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 he's like, this problem is not going away. He goes, this is not going away. He's like, it's fucked up --
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: -- that you're not helping.
KATHERINE MAGBANUA: That's a threat right there.
CHARLIE ADELSON: Right, I'm like --
KATHERINE MAGBANUA: That's fucked up that you're not helping? Like, who the fuck are you? why the fuck -- like, who are you?
CHARLIE ADELSON: Listen, that's like me calling someone up and being like, yeah, I know you killed JFK, you need to pay me. Okay. well, guess what? You didn't kill JFK.
KATHERINE MAGBANUA: That is the wrong example. Like, what does that have to do with anything? I don't get it.
CHARLIE ADELSON: well, my point is --
KATHERINE MAGBANUA: You always use that example. Like, I don't get it.
CHARLIE ADELSON: Because look -- well, because JFK died in 1963, and you weren't born then. My point is is that I had nothing to do with any of this craziness. I want to know who -- who in my family owes somebody money. Because I'm going to go to that person and say, what's going on? That's what I'm --
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: The next -- the next conversation I have with this person is -- is going to be me -- if it comes to it, me saying, who owes money? If someone owes money, you got to give me a name, not like --
KATHERINE MAGBANUA: Yeah, exactly. And be specific.
CHARLIE ADELSON: Tell me, who in my family --
KATHERINE MAGBANUA: Where do you want to meet?
CHARLIE ADELSON: -- my mom --
KATHERINE MAGBANUA: Who are you?
CHARLIE ADELSON: My mom -- my mom doesn't know who any of these people are. My dad --
KATHERINE MAGBANUA: No. TI want to set up --
CHARLIE ADELSON: -- doesn't know who any of these people are.
KATHERINE MAGBANUA: -- whoever this fucking person is trying to fucking say shit or do whatever it is to your family, starting to harass your family, like it's getting me mad, so fucking mad.
CHARLIE ADELSON: And I don't know -- I don't know why they keep bringing up people who I've never met. That's --
KATHERINE MAGBANUA: And, see, I don't -- that's why, it's like, who are you, number one. Okay. You need something. who are you then? what's your real name? what's your address? who do you have a problem with?
CHARLIE ADELSON: Yeah. who -- 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 pay them. Okay. But you got to --
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: -- tell me who to go talk to. Not like, oh, somebody with the last name Adelson. well, guess what? That's like saying someone with the last name --
KATHERINE MAGBANUA: And calling your office --
CHARLIE ADELSON: -- of Rodriguez.
KATHERINE MAGBANUA: -- and shit. Like, what is that?
CHARLIE ADELSON: Yeah, someone with the last name Rodriguez. So it's funny. well, give me the fucking first name and I will go talk to -- if it was my brother who is behind this, I'm going to fucking find out. I mean, fuck, if it's my brother, I'll turn him in and get the reward money. My brother's a piece of shit.
So I'm saying like give me the name of who owes your friend or friend's family money. And this guy said to me, he said, listen, I was with him up in Broward. I know everything that went on.
KATHERINE MAGBANUA: I was up with him in Broward. That's what --
CHARLIE ADELSON: Talking about --
KATHERINE MAGBANUA: -- I'm trying to understand.
CHARLIE ADELSON: Yeah, something about Broward.
KATHERINE MAGBANUA: I was up with him in Broward doing what?
CHARLIE ADELSON: I don't know. Some guy he's talking about.
KATHERINE MAGBANUA: Is it a family member? But he said he's a family member --
CHARLIE ADELSON: He said he was his brother.
KATHERINE MAGBANUA: -- of somebody who was incarcerated.
CHARLIE ADELSON: He said it was this -- that guy Tuco or whatever's brother. He said, I'm his brother who was with him up in Broward when he told me everything that happened. That's exactly what he said.
KATHERINE MAGBANUA: who was up with him in Broward and --
CHARLIE ADELSON: TI don't know what he was --
KATHERINE MAGBANUA: -- told me everything that happened?
CHARLIE ADELSON: TI don't know if he was in jail with him --
KATHERINE MAGBANUA: Where was he --
CHARLIE ADELSON: -- visiting him in jail.
KATHERINE MAGBANUA: Like he needs --
CHARLIE ADELSON: I don't know if he was --
KATHERINE MAGBANUA: -- he needs to like fucking -- if -- like if people just can be fucking Googling shit or whatever it is --
CHARLIE ADELSON: well, and that's --
KATHERINE MAGBANUA: -- and --
CHARLIE ADELSON: well, exactly. And the only reason I'm even bothering calling you is because they keep wanting to talk about you. Or if it's the wrong person, then I feel even horrible. But this person doesn't matter. Like they're still harassing my fucking family and I want it to stop. I mean, when you -- 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.
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: And --
KATHERINE MAGBANUA: No, I agree. I would personally --
CHARLIE ADELSON: And my thing is this --
KATHERINE MAGBANUA: -- go there --
CHARLIE ADELSON: -- I don't -- 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 -- when my jet ski got stolen, I did not -- I don't even care who fucking stole it.
(Recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Okay. Next we've got a text, MM.
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. We only see one missed call.
MS. CAPPLEMAN: Next we have NN, Magbanua to the Defendant. Publish NN, please.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
CHARLIE ADELSON: Hello?
KATHERINE MAGBANUA: Hello?
CHARLIE ADELSON: Hey, what's going on?
KATHERINE MAGBANUA: Hey. I called that number three times. The first time like we left a message in Spanish. And then for some reason like that voicemail says puto. You know what puto is; right? Like a bitch. Like, oh, this is puto. Like, why would you have that as your voicemail?
CHARLIE ADELSON: In Spanish it said, oh, this is puto?
KATHERINE MAGBANUA: Yeah, puto. Puto is like -- puto in my language is a food, a type of food, but supposedly that voicemail that they have set up, the guy says, puto, what sounds like puto.
CHARLIE ADELSON: And then what does -- what does he say on the voicemail?
KATHERINE MAGBANUA: Like it's something in Spanish. Like you've reached puto, whatever, whatever, and he -- and it's in Spanish. So he left a message in Spanish saying, whoever the fuck this is needs to fucking call me and needs to stop threatening my fucking family.
So -- and then, okay, just keep trying.
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: But they don't pick up. So now somebody's either spooked because what the fuck is going on, or I don't know.
CHARLIE ADELSON: All right. well, that's -- that's good. That's good. The person's going to --
KATHERINE MAGBANUA: Like other things are like running in my head, because like with the names who you're saying, I'm like maybe it's like somebody's trying to like be -- like, you know, try to be an informant or something or whatever. Like, you know, there were so many things like going on.
CHARLIE ADELSON: Yeah, and -- and I -- I'm thinking the same thing, too. Someone's playing --
KATHERINE MAGBANUA: But then it's like -- yeah, but then, you know, there's people you can trust and then people you can't. But then it's like, I don't know. I don't know. I honestly -- like it's like aggravating me.
CHARLIE ADELSON: But, listen, it could have been --
KATHERINE MAGBANUA: Hold on. I'm on the phone. Don't talk to me. If I'm on the phone, don't talk to me. Be quiet.
Hello?
CHARLIE ADELSON: It could have been someone reading the newspaper and playing games. Like I said --
KATHERINE MAGBANUA: Whoever it is, they're playing with the wrong person.
CHARLIE ADELSON: Yeah. And I don't know how the fuck they got your name, but they didn't use a last name. So if they --
KATHERINE MAGBANUA: Exactly. It could be anybody.
CHARLIE ADELSON: It could have been another -- another Katie 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.
KATHERINE MAGBANUA: Yeah, exactly. Well -- look, I'm on the phone. Okay. I don't care, but I'm on the phone right now. So don't talk to me right now.
Like my -- like I'm boiling for real right now, like you don't even understand. Like it's pissing me off. Like pick up the fucking phone.
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: Like now you don't want to pick up the phone? we're getting threats, but --
CHARLIE ADELSON: And --
KATHERINE MAGBANUA: -- you don't want to make -- you don't want to pick up the phone?
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: So it's one of two things.
CHARLIE ADELSON: Yeah. No, I got you with that. And I just -- you know, fucking calling, you know --
KATHERINE MAGBANUA: Basically he said, hey, you're messing with my family, and if you don't stop, we're going to have problems, in Spanish. So whoever it is, they're going to have a problem with us no matter what.
CHARLIE ADELSON: And they're going to have a problem with me.
KATHERINE MAGBANUA: Say what?
CHARLIE ADELSON: They're going to have a problem with me, too. I mean --
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: -- listen, you're going -- you're going --
KATHERINE MAGBANUA: Whoever it is is going to have a problem with either one of us or even if -- like, if I'm in the mix or not.
CHARLIE ADELSON: Dude, you're -- you're coming up to my fucking mom on the street. Then you're sending letters to their house. And you're fucking calling my dad's office --
KATHERINE MAGBANUA: The office, exactly.
CHARLIE ADELSON: -- leaving messages, like that's three times.
KATHERINE MAGBANUA: No, like --
CHARLIE ADELSON: Like, no.
KATHERINE MAGBANUA: Like, no, he was livid. My friend -- I told my friend, and I was like, look, can you do me this favor? Because it's like I'm not a guy and I don't know if it's me they're talking about, and I -- and then he's like, that's some fucked-up shit.
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: And he's like, don't worry, not -- like, no matter what, like whatever it is, like I'm going to handle it, point-blank.
CHARLIE ADELSON: Yeah. well, I -- I feel better. I definitely feel better. I -- I apologize for not going and getting a Hallmark card, but I -- I got a little something, so -- traffic sucks.
KATHERINE MAGBANUA: I'm just -- it -- it's -- like right now, I'm about to go to like freaking -- like I'm taking a Zumba class because I'm like -- I'm like -- I'm on edge. Like you don't understand. Like I want to punch somebody in the face so bad.
CHARLIE ADELSON: Picture yourself --
KATHERINE MAGBANUA: Like what if you were somebody's -- like I understand it and I feel for your parents.
CHARLIE ADELSON: That's on me. Don't come --
KATHERINE MAGBANUA: That's why I feel bad.
CHARLIE ADELSON: -- don't come to my parents.
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: Like my parents are fucking old, like.
KATHERINE MAGBANUA: That's what I'm saying.
CHARLIE ADELSON: Like, dude --
KATHERINE MAGBANUA: Do you enjoy doing these threats? Ask them why? Like my friend Cinaudible) he's doing this to my mom. He's doing this to your mom. And that's when he got ugly. He's like, look, I don't know what it is. I don't want to get into anybody's business, you know, but if they did mention your name, I don't like that and it's going to be handled.
CHARLIE ADELSON: Good.
KATHERINE MAGBANUA: And the fact that nobody is picking up the phone now is like frustrating me because like --
CHARLIE ADELSON: And he -- there was no voicemail before and now there is.
KATHERINE MAGBANUA: Now there is. So the next phone call is going to be the fricking number because no matter what way it ends, it's not going to be good for whoever is messing around here.
CHARLIE ADELSON: No. I mean it's -- that's it. And listen, I don't want -- I don't want some dumb ass --
KATHERINE MAGBANUA: TI don't want any problems. Look at this, I'm taking up somebody else's, you know -- like I don't even know what the hell is going on.
CHARLIE ADELSON: Listen, the last thing I want to do is get some --
KATHERINE MAGBANUA: Is involve anybody else.
CHARLIE ADELSON: -- guy -- the last thing I want to do is have some guy who's trying to extort money go to jail and then 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. That's not how I live life.
what's going to happen if this guy keeps doing this, the police will get involved, he'll get in trouble. I don't want --
KATHERINE MAGBANUA: Of course, you know --
CHARLIE ADELSON: And listen --
KATHERINE MAGBANUA: -- especially -- you can't be calling somebody's business. what's wrong with people?
CHARLIE ADELSON: well, you can't be sending letters. You can't be showing up on the street.
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: Like Cinaudible).
KATHERINE MAGBANUA: (Inaudible). That's what I'm saying, it's like --
CHARLIE ADELSON: You know, or it could be someone like thinking like, oh, I didn't -- but the fact that this is a -- the next step also what I'm thinking is in a couple days, I'll call the person. Hey, do you need a name of someone in this family that owes you money? Because I'm --
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: -- I'm going to go pay thema visit. Give me a name. Is it my brother? Is it Robert?
KATHERINE MAGBANUA: And I'll take care of it.
CHARLIE ADELSON: Yeah. 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.
KATHERINE MAGBANUA: Exactly. You're threatening other people --
CHARLIE ADELSON: And frankly --
KATHERINE MAGBANUA: -- who are you?
CHARLIE ADELSON: Katie, I have cousins. I've gota huge family.
KATHERINE MAGBANUA: I've got to get in here. My kids are like freaking me out. I just called you to hear everything and I'm very upset.
CHARLIE ADELSON: Do you want me to -- do you want me to try to meet up with you or do you want me to just leave it for you to pick up tomorrow?
KATHERINE MAGBANUA: Yeah, if you can.
CHARLIE ADELSON: Do you want me to try and meet up with you?
KATHERINE MAGBANUA: I want to. I want to if you can. But if you can't meet up with me -- I'1l1 call you when TI get out of here.
CHARLIE ADELSON: That's okay. I was just going work out. Tell me --
KATHERINE MAGBANUA: Yeah, I know. That's what I'm trying to do because like I can't -- I have to go and see if they have --
CHARLIE ADELSON: Go work out and call me and then --
KATHERINE MAGBANUA: I'll just have to work out in my gym.
CHARLIE ADELSON: Do what?
KATHERINE MAGBANUA: (Inaudible). Have to work out in a normal gym. (Inaudible). Hold your sister's hand. Hold your sister's hand. Bring the jacket. Hold on. I'm sorry. Don't ever let her walk by herself. You know that. You know better than that.
Okay.
CHARLIE ADELSON: All right. Hit me up --
KATHERINE MAGBANUA: It's okay, baby.
CHARLIE ADELSON: -- if you want me to meet you or you can pick it up tomorrow.
KATHERINE MAGBANUA: Okay. I'll call you in like an hour. This is an hour class.
CHARLIE ADELSON: Okay. Call me in an hour. Bye.
(Recording concluded.)
MS. CAPPLEMAN: Next we have OO.
JUDGE EVERETT: Before we publish OO, are all 40 minutes going to be played?
MS. CAPPLEMAN: No, sir. I've got three segments picked out for a total of 20-ish minutes.
JUDGE EVERETT: Please continue.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
DONNA ADELSON: Hey, Charlie.
CHARLIE ADELSON: Hey, what's going on?
DONNA ADELSON: That's what I was going to say to you. How are you doing?
CHARLIE ADELSON: Good, good. I'm just working out.
DONNA ADELSON: Okay. Are you alone at your place?
CHARLIE ADELSON: Yeah.
DONNA ADELSON: So what happened this afternoon? Anything you think?
DONNA ADELSON: (Inaudible).
CHARLIE ADELSON: But I did -- I'd rather not talk to you on the phone.
DONNA ADELSON: Okay. So tomorrow -- I was going to tell you that actually Dad is with Jessica right now and they're almost finished but she came up with a brilliant suggestion. I was telling her that tomorrow Cinaudible) bought me tickets to go to the Las Olas Food and wine Festival. And so we have tickets. I think it's supposed to be from 7:30 to 10:30 at night. They close off the street on Las Olas.
CHARLIE ADELSON: Oh, really.
DONNA ADELSON: Yeah. So Wendi said I should bring the kids to the courthouse on our way because we won't get there at any time, that I can actually Cinaudible) parking. There's parking by the Riverside Hotel, I think they said, and parking by -- in the garage by the
(inaudible).
CHARLIE ADELSON: Uh-huh.
DONNA ADELSON: And other than that, there is simply very little parking. So I said, I don't know what I'm going to do.
CHARLIE ADELSON: So you're going just leave the car at my house and take an Uber?
DONNA ADELSON: Yeah, so that was her suggestion. She said, why don't you show up at Charlie's house and park there and take an Uber over. I said, you know what? I'm going to ask him if I can do that.
CHARLIE ADELSON: That's a good idea.
DONNA ADELSON: would that be all right with you?
CHARLIE ADELSON: Yeah. Or you can take the limo -- actually, no, the limo is getting fixed.
DONNA ADELSON: Okay.
CHARLIE ADELSON: I was going to say, just take the limo and go from there.
DONNA ADELSON: That was her other suggestion. But even (inaudible) offering Cinaudible).
CHARLIE ADELSON: I can ask Alex and see if it's in the shop.
DONNA ADELSON: No, but it doesn't matter because she suggested we just leave our car in your driveway and take an Uber to Las Olas. That would be fine, too. I just realized that we may not be able to park there. So I thought we would try to park and if we can't --
CHARLIE ADELSON: with the limo, you just get dropped off and text him when you want us to pick you up.
DONNA ADELSON: Right, right. But, you know, if it's being fixed, it's being fixed. we can use that parking spot --
CHARLIE ADELSON: Either that or just park at my house.
DONNA ADELSON: Okay. TI just wanted to verify that it was okay if we did that.
CHARLIE ADELSON: Yeah.
DONNA ADELSON: So where are you going to be tomorrow?
CHARLIE ADELSON: Pembroke Pines.
DONNA ADELSON: Pembroke Pines. Okay.
CHARLIE ADELSON: It's somewhere different every day.
DONNA ADELSON: Yeah, I know. well, we have a doctor's appointment over at (inaudible) office at 10:45 in the morning. And then we have to come back here and pick up the kids and then go back -- back up. But, yes, we thought maybe there was some way I'd get a chance to see you, but we'll see. It sounds like you're going to be busy working.
CHARLIE ADELSON: Yeah. No, I mean, nothing -- nothing big. I got to tell you, I think I'm about -- I'll tell you when I see you.
DONNA ADELSON: Yeah, yeah, you can talk to me. Let's talk tomorrow. So if you're in Pembroke Pines and there's a chance that we can come by either on our way down or on our way back, text me -- text me an address.
CHARLIE ADELSON: The only problem is that when I -- I'll tell you where I am going, Pembroke Memorial Hospital.
CHARLIE ADELSON: JI have to -- there is like zero parking. I have to come downstairs.
DONNA ADELSON: Yeah (inaudible).
(Fast-forward.)
CHARLIE ADELSON: Two wives will make you broke. He was married six times, ten kids and 34 grandchildren and like ten great-grandchildren.
DONNA ADELSON: wow.
CHARLIE ADELSON: So anyway -- but what I was -- so I'll tell you when TIT see you but it's nothing --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: -- nothing new.
DONNA ADELSON: Nothing new.
CHARLIE ADELSON: And so I'll tell you when I see you.
DONNA ADELSON: Yeah, we'll talk later.
CHARLIE ADELSON: But I will tell you -- I will tell you one thing.
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: I'm about 99 percent sure.
DONNA ADELSON: That it's what you thought originally? That it's what you told me earlier?
CHARLIE ADELSON: Uh-huh, yeah. I'm 99 to -- I'm 99 percent sure that's what it is and I'll tell you why. The number one reason is this, too well spoken.
DONNA ADELSON: Yeah, the language.
CHARLIE ADELSON: No threats.
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: And I made it clear like I don't know -- I don't know who these people are. Like he, the person seemed surprised. I mean, really. He was like, really? I go, yeah. I'm like -- I'm like, listen, I don't know who these people are that you're talking about.
So -- and then he took the route of like, you know, like, you're going to take care of so-and-so, you're taking care of this family. I go, no one's taking care of anybody. I said -- he left it with me to do the right thing.
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: That's not language --
DONNA ADELSON: No, I know.
CHARLIE ADELSON: -- that's -- when someone says, do the right thing -- and I'm going to tell you something. The thing about a high school -- you know, a high school fight or a high school threat, I'm going to kick your ass after school.
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: I mean, just that simple. I mean, listen, you're going -- that's just how people talk. Your dog shits on the carpet, I'm going to kill him. I'm going to beat your ass. Like, you know what I'm saying?
Like I even talk like that about them. Like you need to just smack his ass. Like that way he hears the threat. Do you notice the one thing missing from everything? Never once, never once was there a threat.
Do you notice the one -- Mom, that's the most -- I mean, even if you don't mean it -- I mean, I'd say to Ben, I'm going to kick your ass if you hit me again. Do you know what I'm saying?
DONNA ADELSON: Sure.
CHARLIE ADELSON: why -- that's -- that's not an accident because that's the first thing you tell someone is, I'm going to --
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: -- I'm going to beat your ass, or, I'm going to do this. I'm going to break your legs, or, I'm going to do this. Like do you notice not one time has there been a threat, even an implied threat, like your health or your -- anything like that.
(Fast-forward.)
CHARLIE ADELSON: And it makes -- it makes complete sense given a couple things. One, the timeline.
DONNA ADELSON: Uh-huh, that's what I thought of, too.
CHARLIE ADELSON: Two years later?
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: I mean, you have to understand, they want -- and listen, if I had any information, I would -- I would talk. I would help out. I don't have anything.
But you've got to understand, without a question, without a question, I would be beyond shocked if the family doesn't hire their own private investigators.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: Okay. I would be beyond shocked. But really what are they going to do? They have to -- they're not going to be able to go knock on a door and go, hey, did you do this? Oh, okay. Just thought I'd stop by and ask. They have to come up with a plan that's going to stir the pot so that if there is something going on -- like what are they looking to -- what are they looking to achieve? what are they looking to -- you've got to say to yourself, what are they looking to get out of doing this nonsense?
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: If it's money, I'll be shocked. Because the way you collect money is you go to someone and you tell them what you're going to do to them and you give them 48 hours. And you tell them where to meet somebody, who is going to drop it off, and if there's any nonsense, you know, this is -- X, Y and Z is going to happen to you. That's it. And you get one of us -- you can get one of us but someone else will take you out. Like it's done with such precision and being ruthless. Do you know what I'm saying?
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: So what happens is it squeezes somebody and they don't have a choice to think straight. And they just go and they give you the money. You know what I'm saying? Like even if you're innocent -- it's like someone saying to me, listen, I'm going to the Board of Dentistry tomorrow unless you walk in your back office and write me that check. I am writing to the Board of Dentistry tonight when I go home and filing my complaint and I will sue you tomorrow, I promise you, if you don't write that check back. It puts you on -- it puts you on the fence real quick.
DONNA ADELSON: Yes.
CHARLIE ADELSON: You remember that lady whose mom wanted the whole case --
DONNA ADELSON: Oh, I know.
CHARLIE ADELSON: -- refund what she spent? And she goes, I want the money for everything. And I said, we already agreed that I would give you the money for whatever failed. She goes, yeah, but now --
DONNA ADELSON: (Cinaudible).
CHARLIE ADELSON: Yeah. She goes, no, I want the money for absolutely everything. I already spoke to my attorney. There will be a lawsuit filed and a board complaint filed before the end of this week if I'm not able to pick up that check. Do you understand? Listen, the work was fine. Over half the work took. what you do you think I did? I wrote the check.
DONNA ADELSON: Yes, it's not worth the aggravation actually.
CHARLIE ADELSON: So but that -- but I'm tying to myself, these people aren't looking for a check. They're not. What do they want you to do? what's the one thing they want?
DONNA ADELSON: Well, they want to know what happened. And they're barking up the wrong tree.
CHARLIE ADELSON: I got it, but they don't know that. So what do you think is the one thing they want? They want everybody to start talking.
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: They want you to hand-deliver yourself -- because they think you know something -- but think want you to handle-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 -- I mean, they'd get the same result, but I'm saying if the cops were to come to you tomorrow and say, Donna, come down to the station with us, we need to talk to you. You'd be like, you know what, I don't need this aggravation. Give me your business card. If I can help you or I hear of anything, I absolutely will. Right?
DONNA ADELSON: Right.
CHARLIE ADELSON: That's what the answer would be. But if you go ahead and you make it seem like, you know, you're being extorted or blackmailed or any -- or something crazy like that, then what are you going to do? You're going to run down there and start talking yourself.
DONNA ADELSON: I guess.
CHARLIE ADELSON: Exactly.
DONNA ADELSON: It's very clever of them, but
(inaudible).
CHARLIE ADELSON: what's that?
DONNA ADELSON: It's clever of them, if that's the
(inaudible).
CHARLIE ADELSON: These are not -- first of all, this is not someone who started -- this is not someone who started doing this yesterday.
DONNA ADELSON: Yeah, I know.
CHARLIE ADELSON: So this is not -- this is not someone who's dumb. This is someone who's super smart. And they know -- listen, a lot of times this is what -- this is what goes on. If someone comes -- you know.
But it's real odd that it's a year -- the amount of time that's passed is insane. I mean, that would be like having a dental office and being like, you know what? I didn't get paid on that case from four years ago. Let me turn it over to collection. At four years, how did you not realize that you aren't paid on a case that you did four years ago? None of it makes any sense, I mean --
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: That's why I think it's more that --
DONNA ADELSON: (Inaudible).
CHARLIE ADELSON: -- without a doubt -- notice the lack of threats?
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: I mean, there's -- Mom, there's no threats. I mean, soon you'll be fucked? Like what does that mean? Someone's going to write a bad review on Google tomorrow? You know, I mean, it's almost like they were afraid to say that they're going to break your -- like almost like it can't go in that -- they can't do that because once they do that, they're going to cross lines that they themselves can't cross. You know what I'm saying?
DONNA ADELSON: I just hope they don't go and bother wendi.
CHARLIE ADELSON: well, listen, if they do -- I mean, listen, they've bothered us enough. If they bother anymore, we're not far from just going to the police. I mean, wendi will go to the police, too.
DONNA ADELSON: That's right.
CHARLIE ADELSON: I mean, and that's the other thing, too --
DONNA ADELSON: Like when I spoke to Dad, he said, you know, we don't see them -- say anything because the last thing we want to do is aggravate Wendi --
CHARLIE ADELSON: Well, I don't want to scare her.
DONNA ADELSON: TI don't either.
CHARLIE ADELSON: She was scared from day one. She's finally over being scared.
DONNA ADELSON: Right. If she heard this, she would be beside herself.
CHARLIE ADELSON: Absolutely. And, you know, the thing with this, Mom, is that everybody handles every situation differently. It's like, somebody has a death in the family. And if they don't act devastated and everything else, well, does it mean that they were responsible for it? No.
DONNA ADELSON: Right.
CHARLIE ADELSON: I mean, everybody handles tragedy differently.
DONNA ADELSON: Right.
CHARLIE ADELSON: Or confrontation. I mean, some people -- you know, it's like fight or flight. Some people are confrontational. Some people are like, have a nice day. Some people just turn their back and walk away. Some people ignore you. You know, you get -- and none of them -- and who is to say what's right and who is to say what's wrong?
DONNA ADELSON: No, everybody -- everybody's different.
CHARLIE ADELSON: You know, there is nothing --
DONNA ADELSON: But that's what -- my original feeling was to go to the police. But Dad said, we've got to protect wendi. She would be devastated.
CHARLIE ADELSON: Yeah, I don't want Wendi to then get stressed and now then worry about her safety.
DONNA ADELSON: Right, exactly.
CHARLIE ADELSON: So no --
DONNA ADELSON: we'll keep it from her. TI don't want her to be upset. And, you know hopefully whatever (inaudible) will just stop.
CHARLIE ADELSON: well, it's funny. I called -- I called Katie and I said to her, listen, I said, you're not the only Katie I know. You know, I know other Katies, but I've known you a long time. I don't know if they keep referencing you -- and I told her, I said, if I'm wrong and they're referencing somebody else, because it is a common last name -- or a common first name, they didn't tell me a last name. And I said, if you're the wrong person, then I feel horrible that they're trying to bring you into this or whatever.
But she had -- she told me she had somebody call. And the voicemail wasn't set up before and then she called a couple -- she called a couple times actually. She blocked her number, she called a couple times. And then it was on -- and then the voicemail was set up and jt was in Spanish.
So she has a friend of hers who left a message for that person -- for that person to -- I think it was a guy that she had call him. I think. TI don't know for sure. But I think the guy was not very happy and let the person know it on their voicemail and basically told them on the voicemail what, you know -- basically, you need to stop running your mouth or you're going to be having a very, very, very, very, very big problem. And asked that person to give them a call. That's kind of the message I got this afternoon.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: And supposedly her friend was very angry, very, very angry. And the voicemail is in Spanish, so the person spoke to them in Spanish and basically told the person that -- what they got coming to them and call him back so they can have a little word with them. So that's -- that's what I heard this afternoon.
DONNA ADELSON: ATI right.
CHARLIE ADELSON: So but it's definitely -- when I spoke to the person, definitely had a New York accent.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: Oh, yeah. No, it's not -- and then that person was the same voice on the voicemail. So I think that it's somebody playing games and fishing.
DONNA ADELSON: Hmm.
CHARLIE ADELSON: Because it's the same -- it's the same guy, it's not -- and the person is doing an awful -- awful bad job of hiding who they are. You've got to remember something, too. If somebody is going to do something, they don't -- when they come to you, they're going to come to you with a hat and glasses.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: They don't want you to see who they are. The whole thing that I told you before, it doesn't -- it doesn't pass the -- you know, if you look at -- there's 15 different things from the language, the fact that there's no threats, the fact that the person's using devices that they could easy be traced to, the fact that the person's language. The last thing they said to me was, do the right thing. That is not -- that is like --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: That, that --
DONNA ADELSON: (Inaudible).
CHARLIE ADELSON: Do the right thing. what is this, like a stay in school speech?
DONNA ADELSON: Yeah.
CHARLIE ADELSON: Do the right thing. And the person wasn't angry. I mean, they were pretty calm talking to me. I was real nice to them. And I said, listen, the truth is I'm trying to figure out what's going on. what's this about? But I don't -- I think it's a bunch of nonsense. And I don't -- I don't want to scare Wendi. If they do --
CHARLIE ADELSON: -- if they do approach her, then at that point, you know -- at that time point, just go --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: -- the police.
DONNA ADELSON: Go to the police and let -- okay. Let me let you go work out.
CHARLIE ADELSON: JI thought you'd find that -- I thought you'd find that interesting.
(Recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Couple questions to follow up on that one. So here in this Call 00, 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.
Members of the jury, we're going to take our lunch break at this point. Once again, I'm going to remind you, do not discuss the case with each other or anyone else. Do not watch any news reports or seek any information about this matter. We will resume with the testimony of Agent Sanford after the lunch break.
Please report back by 1:20 and we will get started at 1:30.
(Jury excused from the courtroom at 12:15 p.m.)
JUDGE EVERETT: Everyone can be seated.
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.
(Luncheon recess taken from 12:16 p.m. to 1:30 p.m.)
JUDGE EVERETT: Everyone can be seated. Are the jurors good to go?
BAILIFF: Yeah, they indicated they were. Let me be sure they still are. Are you ready for them when they're ready?
JUDGE EVERETT: Bring them in.
(jury returned to the courtroom at 1:31 p.m.)
JUDGE EVERETT: Everyone can be seated.
Ms. Cappleman, you may continue with your examination.
MS. CAPPLEMAN: Thank you, Your Honor.
Okay. I think we're on RR.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
CHARLIE ADELSON: Hello?
CHARLIE ADELSON: Hey, what's up?
KATHERINE MAGBANUA: Your phone was weird. It was like -- it was doing like a dial tone.
CHARLIE ADELSON: Yeah, it was weird. I tried picking it up --
JUROR: (Indicating no sound in the headphones.)
(Recording paused.)
JUDGE EVERETT: You can't break down on us now, Dugan. We're almost to the finish line.
(Recording restarted.)
CHARLIE ADELSON: Hello?
CHARLIE ADELSON: Hey, what's up?
KATHERINE MAGBANUA: Your phone was weird. It was like -- it was doing like a dial tone.
CHARLIE ADELSON: Yeah, it was weird. I tried picking it up and no one was there.
KATHERINE MAGBANUA: (inaudible).
CHARLIE ADELSON: Sounds good (inaudible).
CHARLIE ADELSON: (Inaudible).
KATHERINE MAGBANUA: Yeah?
CHARLIE ADELSON: I thought really hard. I didn't know -- 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?
KATHERINE MAGBANUA: A fucking dildo?
CHARLIE ADELSON: Exactly.
KATHERINE MAGBANUA: That's what you did?
CHARLIE ADELSON: But I forgot to get -- I didn't have time to get a card from Hallmark to say exactly what I wanted to say, so...
KATHERINE MAGBANUA: You're never good at expressing yourself anyway.
CHARLIE ADELSON: I never get anything for myself anyway. But anyway I think -- I think it's -- I think I hit the nail on the head with the birthday present.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: I think I hit it -- I think I hit it out of the park.
KATHERINE MAGBANUA: Really? Wow. (inaudible). What was I going to say?
(Cell phone rings.)
JUDGE EVERETT: Please pause it, Ms. Dugan.
(Recording paused.)
JUDGE EVERETT: Silence the devices. Please check your devices. Place them on silent or turn them off.
Please continue.
(Recording continues.)
CHARLIE ADELSON: No, no, no, the other day I told Bud that you may stop by. You want get to grab something.
KATHERINE MAGBANUA: Oh, okay. Because like I just don't want anybody to Cinaudible). what the fuck are you doing? I'll be like, hey, what's up? Can you like roll this for me?
CHARLIE ADELSON: So tell me -- call -- how far are you from my house?
KATHERINE MAGBANUA: Like right now?
CHARLIE ADELSON: Are you there now?
KATHERINE MAGBANUA: I'm about to.
CHARLIE ADELSON: Okay. Call we after you -- you open it. It's Cinaudible).
KATHERINE MAGBANUA: So the number, the number, enter, open and then I come out?
CHARLIE ADELSON: Take your shirt off. Take your shirt off. Read the number.
CHARLIE ADELSON: Take your shirt off so you can read the number that you wrote down.
KATHERINE MAGBANUA: Aye, you're so stupid. You're so stupid.
CHARLIE ADELSON: wouldn't it be easier to just write it on your hand so you don't have to get undressed to remember the number?
KATHERINE MAGBANUA: You're a fucking idiot. You're just so weird. TI don't know, man. Just sometimes, I don't know. I don't know. Some people think --
(Fast-forward.)
KATHERINE MAGBANUA: Oh, my God, it's so fucking hot. This would be a great beach day. I should have just jumped on your boat.
CHARLIE ADELSON: You can take the boat any time. Honestly.
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: And FYI, also --
KATHERINE MAGBANUA: No, no, no, I'm going to buy my own, okay? TI don't need anybody's hand-me-downs. That's yours.
CHARLIE ADELSON: Dude --
KATHERINE MAGBANUA: What's yours is yours and I -- I don't want to mess with anything.
CHARLIE ADELSON: So you want me to sell you my boat?
KATHERINE MAGBANUA: No, it's okay. I'll look for one, man.
CHARLIE ADELSON: Mine's probably not fancy enough anyway.
CHARLIE ADELSON: But if you --
KATHERINE MAGBANUA: Man, you know what? I wish -- I really wish you --
(Recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: The birthday gift for a married man with kids, what is Sigfredo Garcia's birthday?
PATRICK SANFORD: I believe it's like April 27th.
MS. CAPPLEMAN: And on what date was this call RR placed?
PATRICK SANFORD: It was on 4/29/16.
MS. CAPPLEMAN: So his birthday was two days prior?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: I want to skip ahead to May 4th of 2016. Did we have another bump on that date?
PATRICK SANFORD: we did.
MS. CAPPLEMAN: Tell us about that.
PATRICK SANFORD: That one was a text message from the undercover to Donna Adelson.
MS. CAPPLEMAN: If we can publish that message.
(off-the-record discussion.)
MS. CAPPLEMAN: Sorry, Judge. Sausage being made.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Okay. So if you'll read this text for us. This was sent from the undercover to Donna Adelson?
PATRICK SANFORD: Yes, ma'am.
MS. CAPPLEMAN: Okay. Go ahead.
PATRICK SANFORD: So you don't take me serious. You think I'm playing? You have some puto 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. Could we play SS, please?
BY MS. CAPPLEMAN:
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: 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 TI 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.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
KATHERINE MAGBANUA: I organized a meeting for them. I mean, Cinaudible). So since I went with the kids, like I wasn't going.
CHARLIE ADELSON: Did you see what was in there at all?
KATHERINE MAGBANUA: No. What the fuck did you put in there?
CHARLIE ADELSON: where is that bag?
KATHERINE MAGBANUA: TI haven't opened it.
CHARLIE ADELSON: where is it?
KATHERINE MAGBANUA: It's in my purse at home. Like in my other purse. I put it in like another bag.
CHARLIE ADELSON: So you haven't opened up the Publix bags?
KATHERINE MAGBANUA: No. why?
CHARLIE ADELSON: There's a --
KATHERINE MAGBANUA: I'll open it later. You're scaring me, bro.
CHARLIE ADELSON: No. It's not like I put a fucking hamster in there.
KATHERINE MAGBANUA: Okay. (Inaudible) yeah, I don't want something that dies.
CHARLIE ADELSON: I got him a guinea pig for his birthday.
CHARLIE ADELSON: He's been in there for three weeks in your trunk.
KATHERINE MAGBANUA: You're an asshole. Okay. I got to get in.
CHARLIE ADELSON: Hey?
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: (Inaudible). It was supposed to be a birthday present for somebody, if you know (inaudible) birthday.
KATHERINE MAGBANUA: I mean, his birthday is
(inaudible).
CHARLIE ADELSON: well, bummer. Well, look, would it be okay if you told him it was from me or do you think that's a bad idea?
KATHERINE MAGBANUA: Um, I don't know.
CHARLIE ADELSON: well, take a look and then you can tell me.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: Open the fucking thing. There's a very nice gift card in there.
KATHERINE MAGBANUA: Okay. You're a fucking weirdo.
CHARLIE ADELSON: I know.
KATHERINE MAGBANUA: You know what he said -- he told me? Oh, my God, and I felt so bad. Like he's like, bro -- like cause my mom always, always gets hima present, right. well, he figured out -- like, you know, she takes him out for dinner and shit, whatever. My mom always does that like for him.
And he -- he's like, wow, nobody ever gets me a present, because he knew I didn't get him a present. He's like, nobody ever gets me a present. I'm like, bro, you're not six years old anymore. Like get over it.
(Recording concluded.)
MS. CAPPLEMAN: Okay. Let's move on to TT, please.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
CHARLIE ADELSON: He's got the drugs, he's fine. Let him get started on it.
And if you don't think it will cause anything, you can tell him it was from me when he opens up the present.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: Remember the person who said --
KATHERINE MAGBANUA: You're scaring me. I'm going to go down -- I'm going to the -- I'm going to open it now before -- I don't know, because you're scaring me.
CHARLIE ADELSON: Is it in your car or is it in your house?
KATHERINE MAGBANUA: It's in my house. But like I --
CHARLIE ADELSON: Where are you?
KATHERINE MAGBANUA: -- I hid it.
CHARLIE ADELSON: well, go fucking look what's in there and tell me if it's okay --
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: -- for his birthday present.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: All right?
KATHERINE MAGBANUA: Where's my birthday present?
CHARLIE ADELSON: You get nothing.
CHARLIE ADELSON: All right. I'll talk to you later. I got you tickets to the concert and a limo.
KATHERINE MAGBANUA: I know. Thank you. I even said thank you.
CHARLIE ADELSON: (Inaudible). It's not your birthday yet. You wait your turn.
KATHERINE MAGBANUA: Yeah, right. (Inaudible).
CHARLIE ADELSON: JI would feel --
KATHERINE MAGBANUA: Your goddaughter. It's your goddaughter's birthday at the end of the month.
CHARLIE ADELSON: Oh, yeah? I've got all these people that want me to adopt them.
KATHERINE MAGBANUA: You already know my kids.
CHARLIE ADELSON: Oh, yeah. I've got like 60-year-old women in offices asking -- saying, where's your kids? I go, I don't have any. They go, can you adopt me? I don't need a Father's Day card. I've got (inaudible) that wants to be adopted. I've got like eight people that want to be adopted.
KATHERINE MAGBANUA: TI want to be adopted
(inaudible).
CHARLIE ADELSON: (Inaudible).
KATHERINE MAGBANUA: You're their godfather.
CHARLIE ADELSON: All right. I feel the love.
KATHERINE MAGBANUA: You're the godfather.
CHARLIE ADELSON: All right.
(Recording concluded.)
MR. RASHBAUM: May we approach, Your Honor?
JUDGE EVERETT: Approach.
AT THE BENCH
JUDGE EVERETT: Go ahead.
MR. RASHBAUM: I think it was inadvertent but where the call started, it sounded like -- it started with, he got his drugs. And it -- it sounds like --
JUDGE EVERETT: Your client or someone else?
MR. RASHBAUM: It sounds like my client gave drugs to Sigfredo Garcia. But the drugs were amoxicillin for Katie's kid.
MS. CAPPLEMAN: TI actually think he was -- I'm not sure. I think he was talking to other personnel in an office about a patient.
MR. RASHBAUM: No, I think he was giving someone amoxicillin. But the way it came out --
JUDGE EVERETT: Well, the point does need to be clarified. Can you clear this up?
MS. CAPPLEMAN: Okay. I mean, we are giving drugs to Garcia, but it's weed; right? You just want me to clarify that the initial statement --
MR. RASHBAUM: I'm not going to comment on the first part, because I don't think that's true either. But the part is the first statement sounds like -- the way you -- you didn't do it on purpose. The way it came in, it came in midpoint and so it sounds like that he's giving someone illegal drugs.
JUDGE EVERETT: Are you asking then for it to be played from the start?
MR. RASHBAUM: Or just played a little bit earlier so that that point can be clarified.
JUDGE EVERETT: Very well.
MS. CAPPLEMAN: Just back it up a little bit before that first statement?
MR. RASHBAUM: Maybe look in the transcript of what it's referring to.
MS. CAPPLEMAN: Okay.
IN OPEN COURT
JUDGE EVERETT: You may continue with your presentation.
MS. CAPPLEMAN: Okay. Judge, we are going to replay the first few seconds of the portion we played of that previous call, which was TT I believe.
MR. RASHBAUM: Yeah, TT.
MS. CAPPLEMAN: So just back it up to maybe like 4:30.
(Recording restarted.)
CHARLIE ADELSON: Where we're at --
KATHERINE MAGBANUA: Wait, wait, wait.
(Rewind. )
CHARLIE ADELSON: Directly and say what did you do.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: So where we're at --
KATHERINE MAGBANUA: Wait, wait, wait. But look she didn't Cinaudible) on amoxicillin. She said, no, I don't think you should. And I was like, I'm not listening to her.
CHARLIE ADELSON: You're not going to hurt him with amoxicillin.
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: So instead of like taking 500, you may take a little less. And then just give it to him twice. But definitely give him it as soon as you get him. Get it in him and then give it --
KATHERINE MAGBANUA: Does it have a flavor? Did they ask you?
CHARLIE ADELSON: Yeah, but it's like -- no, they don't have flavor. But it's -- just give him a fucking teaspoon and be like, fucking swallow it.
KATHERINE MAGBANUA: I know. But he's just the biggest baby about it. All right.
CHARLIE ADELSON: well --
KATHERINE MAGBANUA: I know.
CHARLIE ADELSON: Tell him to swallow it or fucking smack his ass. (Inaudible). In pain.
KATHERINE MAGBANUA: I know.
CHARLIE ADELSON: Listen, if it really hurts him, he'll fucking swallow it.
KATHERINE MAGBANUA: I know. That's the
(inaudible).
CHARLIE ADELSON: Katie, listen to me, it is abscessed. Are you there?
KATHERINE MAGBANUA: Yeah, I'm here.
CHARLIE ADELSON: There is a clear abscess there. So I would do that and then also give him an ibuprofen. Take an ibuprofen, grind it up and put it in some applesauce on a spoon and let him take it that way.
KATHERINE MAGBANUA: Don't give him like the liquid?
CHARLIE ADELSON: Give him the liquid and then --
KATHERINE MAGBANUA: I know but I'm saying like I've been giving him Tylenol.
CHARLIE ADELSON: That's fine.
KATHERINE MAGBANUA: I did Tylenol and Motrin. So I'm going to get another bottle of Motrin because I already finished.
CHARLIE ADELSON: Just give him Motrin, not Tylenol. Either way. But the ibuprofen -- the Motrin with the amoxicillin, he'll be feeling so much better tomorrow.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: But it really takes --
KATHERINE MAGBANUA: TI hope so, bro.
CHARLIE ADELSON: But you have to have it in your system for 24 hours for it to really --
KATHERINE MAGBANUA: The effect on him. And I was like, oh, this is not good.
CHARLIE ADELSON: No. ATI right.
KATHERINE MAGBANUA: Okay. Benadryl?
CHARLIE ADELSON: You can always --
KATHERINE MAGBANUA: Amoxicillin.
CHARLIE ADELSON: You can always -- I mean, I hate doing it but you can always take a quarter of your -- quarter of a Xanax --
KATHERINE MAGBANUA: I know.
CHARLIE ADELSON: -- and break it -- and then break it into --
KATHERINE MAGBANUA: If I had, I swear (inaudible). If I had, I would.
CHARLIE ADELSON: The whole family would be on fucking Xanax. why don't you blow some weed in his face? I'm kidding.
KATHERINE MAGBANUA: who are you?
CHARLIE ADELSON: I'm kidding.
KATHERINE MAGBANUA: He can hear you.
CHARLIE ADELSON: But, no, but I got -- he's got the drugs, he's fine. Let him get started on it.
And if you don't think it will cause anything, you can tell him it was from me when he opens up the present.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: Remember the person who said --
KATHERINE MAGBANUA: You're scaring me. I'm going to go down -- I'm going to the -- I'm going to open it now before -- I don't know, because you're scaring me.
CHARLIE ADELSON: Is it in your car or is it in your house?
KATHERINE MAGBANUA: It's in my house. But like I --
CHARLIE ADELSON: where are you?
KATHERINE MAGBANUA: -- I hid it.
CHARLIE ADELSON: well, go fucking look what's in there and tell me if it's okay --
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: -- for his birthday present.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: AI11 right?
KATHERINE MAGBANUA: Where's my birthday present?
CHARLIE ADELSON: You get nothing.
CHARLIE ADELSON: All right. I'll talk to you later. I got you tickets to the concert and a limo.
KATHERINE MAGBANUA: I know. Thank you. I even said thank you.
CHARLIE ADELSON: (Inaudible). It's not your birthday yet. You wait your turn.
KATHERINE MAGBANUA: Yeah, right Cinaudible).
CHARLIE ADELSON: I would feel --
KATHERINE MAGBANUA: Your goddaughter. It's your goddaughter's birthday at the end of the month.
CHARLIE ADELSON: Oh, yeah? I've got all these people that want me to adopt them.
KATHERINE MAGBANUA: You already know my kids.
CHARLIE ADELSON: Oh, yeah. I've got like 60-year-old women in offices asking -- saying, where's your kids? TI go, I don't have any. They go, can you adopt me? I don't need a Father's Day card. I've got (inaudible) that wants to be adopted. I've got like eight people that want to be adopted.
KATHERINE MAGBANUA: TI want to be adopted
(inaudible).
CHARLIE ADELSON: (Inaudible).
KATHERINE MAGBANUA: You're their godfather.
CHARLIE ADELSON: All right. I feel the love.
KATHERINE MAGBANUA: You're the godfather.
CHARLIE ADELSON: All right.
(Recording concluded.)
MS. CAPPLEMAN: Okay. I think we can move on now to UU.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
CHARLIE ADELSON: The money lent and it will be paid back.
DONNA ADELSON: Very interesting.
CHARLIE ADELSON: So that's -- I mean, that's really how people make a lot of money is using other people's money to make it.
DONNA ADELSON: Oh, sure. That's a good way to do it.
CHARLIE ADELSON: So we'll see. I mean, Alex says if we have good track record at two years, it will not be a problem raising capital. At all. So that's what's --
DONNA ADELSON: That would be great. Yeah, that's good stuff. So are you on your way now to the gym?
CHARLIE ADELSON: Yeah.
DONNA ADELSON: Oh, okay.
CHARLIE ADELSON: So is everything else okay?
DONNA ADELSON: Yeah, yeah.
CHARLIE ADELSON: Like it is or you're just saying it is?
DONNA ADELSON: Just saying.
CHARLIE ADELSON: Yeah, I figured, yeah.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: Did you see somebody today or was it --
DONNA ADELSON: No, that was different. But I will -- I'll see you on Sunday. we'll talk.
CHARLIE ADELSON: You don't want to come down and see me tonight?
DONNA ADELSON: No. No.
CHARLIE ADELSON: Was it bad or was it --
DONNA ADELSON: No, no. I'11l just tell you -- I'll] see you Sunday and fill you in.
CHARLIE ADELSON: I know because I can kind of talk to you but like you know when I talk to you and you're not giving like appropriate responses?
DONNA ADELSON: Yes, that's why.
CHARLIE ADELSON: (Inaudible) it just seems like another like --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: Did someone bother wendi?
DONNA ADELSON: Not yet.
CHARLIE ADELSON: But you think they will?
DONNA ADELSON: Oh, TI don't know.
CHARLIE ADELSON: well, I --
DONNA ADELSON: I'll see you Sunday and we'll talk.
CHARLIE ADELSON: well, I think it's important that you see me before Sunday.
DONNA ADELSON: Well, where exactly are you going to be tomorrow? Dad is off tomorrow, so maybe we can get a chance to meet. But it sounds like you have a very busy day Cinaudible).
CHARLIE ADELSON: well, I'm meeting Doug in the afternoon. I haven't texted -- I haven't texted Adam yet. I was supposed to meet him at some point but just -- I mean, I can set up a meeting with him at any time. I mean, do you want to come up to my house in the morning or --
DONNA ADELSON: That might be a good idea. Let's --
CHARLIE ADELSON: Because I'll tell you what, I don't want to wait.
DONNA ADELSON: No, I agree.
CHARLIE ADELSON: And then you wait and something that could have been nipped in the bud early becomes -- it becomes something that --
CHARLIE ADELSON: -- doesn't get nipped in the bud early and then it snowballs out of control.
DONNA ADELSON: Yeah. So maybe tomorrow. well, we're up early. So what if we got -- what if we met you for breakfast or something around -- you want to meet Charlie for breakfast, Harvey? Yeah. You want us to come to you; right?
CHARLIE ADELSON: well, traffic and -- I could -- let me find out.
DONNA ADELSON: Check your schedule and then we'll] work something out; okay, honey?
CHARLIE ADELSON: Yeah, let me do that and I'll see you guys tomorrow.
DONNA ADELSON: Sounds good.
CHARLIE ADELSON: Was --
DONNA ADELSON: Yeah, let's discuss that once you check your schedule.
CHARLIE ADELSON: I think it's just better that things get nipped in the bud early.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: But I don't know why you wouldn't just call and let me know.
DONNA ADELSON: There's reasons. Let me talk to you tomorrow. You figure out your schedule. we're free until -- you know, until we have to pick up the kids. So we'll work it out.
CHARLIE ADELSON: what time --
(Recording concluded.)
CHARLIE ADELSON: ~=BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. So it's apparent some other contact has occurred. Is this timing of this call consistent with that being from the text bump that we saw a few moments ago?
PATRICK SANFORD: Yes. It's the same day, the afternoon of when it happened.
MS. CAPPLEMAN: And the text bump indicates, I wanted 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: A reward for information leading to the -- investigation leading to the arrest of the killer of Daniel Markel.
MS. CAPPLEMAN: And 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: No, they did not.
MS. CAPPLEMAN: So let's go to the next day.
(off-the-record discussion.)
MS. CAPPLEMAN: we're skipping VV and we're going to Www.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
DONNA ADELSON: Hey, Charlie.
CHARLIE ADELSON: Hey, how are you, Mom?
DONNA ADELSON: Good, honey. How are you doing?
CHARLIE ADELSON: Good. I'm coming across the bridge now.
DONNA ADELSON: Oh, okay. Okay, wonderful.
CHARLIE ADELSON: Do you want me to come up to the apartment or do you just want to come down?
DONNA ADELSON: You know, we'll meet you -- we'll meet you outside and then we can walk to the pool area.
CHARLIE ADELSON: All right. Sounds good.
DONNA ADELSON: Okay?
CHARLIE ADELSON: All right. I'1Il see you soon.
DONNA ADELSON: Okay, honey. I love you. Bye.
(Recording concluded.)
MS. CAPPLEMAN: XxX.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
SIGFREDO GARCIA: Ma'am.
KATHERINE MAGBANUA: Hello?
SIGFREDO GARCIA: Hello.
KATHERINE MAGBANUA: Hey, how are you?
SIGFREDO GARCIA: I'm Cinaudible).
KATHERINE MAGBANUA: What?
SIGFREDO GARCIA: I put the kids outside. I'm talking to my sister Susie on the other line. She called me out of the blue.
KATHERINE MAGBANUA: Oh, you're Cinaudible).
SIGFREDO GARCIA: Yeah. Put the kids out there and I'm sweeping up.
KATHERINE MAGBANUA: Oh, okay.
SIGFREDO GARCIA: why, what's up?
KATHERINE MAGBANUA: TI don't know. (Inaudible).
SIGFREDO GARCIA: It's fine.
KATHERINE MAGBANUA: I know.
SIGFREDO GARCIA: It's fine. we'll go through it.
KATHERINE MAGBANUA: Yeah. It's about that other thing, too, but I don't even know --
SIGFREDO GARCIA: Anything I can help with?
KATHERINE MAGBANUA: No. I'm saying like I got a call, so I was like, okay.
SIGFREDO GARCIA: You got a call?
KATHERINE MAGBANUA: Yeah. And I'm like what happened? I don't know. TI haven't talked to my parents all day. And I was like, okay.
SIGFREDO GARCIA: So he talked to his parents?
KATHERINE MAGBANUA: Yeah. So I'm like Cinaudible). I was like, what's going on? I don't know. So I'll call you when I get -- when I leave my parents' house. I was like all right. So that's why I was calling you to see what you're up to.
SIGFREDO GARCIA: Okay.
KATHERINE MAGBANUA: I feel dizzy and then my ears started ringing like really bad.
SIGFREDO GARCIA: what the fuck, man.
KATHERINE MAGBANUA: I know. Just when I text, you just, you know, like didn't respond back to me, bro. I started like fricking panicking. All right?
SIGFREDO GARCIA: All right.
(Recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Before XX, 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: So they were -- the three of them sat down at the pool area and had a chat or --
PATRICK SANFORD: Yeah. Apparently they were in like a private pool area inside the building. They were in the pool area by themselves talking.
MS. CAPPLEMAN: Okay. All right. Sorry I missed that.
Let's jump forward to YY.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
CHARLIE ADELSON: Hey.
CHARLIE ADELSON: Let me -- let me call you in a little bit; okay?
KATHERINE MAGBANUA: A111 right.
CHARLIE ADELSON: I may just call you from the landline. I'm at my friend Adam's place in Miami.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: Okay. I'm in the Gables. But I'll probably call you from the landline.
KATHERINE MAGBANUA: A111 right.
CHARLIE ADELSON: Everything cool?
KATHERINE MAGBANUA: You tell me.
CHARLIE ADELSON: Yeah, I'll call you in a little bit.
KATHERINE MAGBANUA: A111 right.
(Recording concluded.)
MS. CAPPLEMAN: ZZ, please.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
CHARLIE ADELSON: Hey.
KATHERINE MAGBANUA: Hey. Bro, like trying to find my son is like -- I don't even know where he is.
CHARLIE ADELSON: Just look, look for the kid on the monkey -- monkey bars.
KATHERINE MAGBANUA: Yeah, that's probably him; right. Okay. Just give me a quick recap because like -- like what exactly was on the text?
CHARLIE ADELSON: And I'm not asking you to do anything about it.
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: At all.
KATHERINE MAGBANUA: Oh, baby. All right. Come on, come on. Yes, baby, because we got to go to an appointment.
Uh-huh, go ahead.
CHARLIE ADELSON: But the person said: so you don't take me serious.
AUDIO RECORDING: (Inaudible).
CHARLIE ADELSON: And you -- are you there?
KATHERINE MAGBANUA: Yeah, yeah, I'm here. I'm listening.
CHARLIE ADELSON: Yeah. The person says, so you don't take me serious and you have some puto call me up, baby -- Katie's baby daddy.
AUDIO RECORDING: (Inaudible).
CHARLIE ADELSON: So -- and then it was like, so you don't know -- so you don't -- or something -- then there was something about like, you know --
KATHERINE MAGBANUA: (Inaudible). Sure.
CHARLIE ADELSON: -- you don't respect -- you don't respect what was done for you, or something like that.
KATHERINE MAGBANUA: You don't respect?
(Inaudible).
CHARLIE ADELSON: No, you don't --
KATHERINE MAGBANUA: So that's a long text.
CHARLIE ADELSON: You know, it was -- it was like 20 words. It started off with, so you don't think I'm serious. And then it was like --
KATHERINE MAGBANUA: Ethan, I'm on the phone. Uh-huh.
CHARLIE ADELSON: Katie?
KATHERINE MAGBANUA: Go. Tell me. I'm listening.
CHARLIE ADELSON: So you don't take me serious and you have some puto call me up, Katie's baby daddy. You don't. You don't -- you don't appreciate what was done for you or something like that.
KATHERINE MAGBANUA: All right.
CHARLIE ADELSON: And then that was it. That was it. It just ended.
KATHERINE MAGBANUA: All right.
CHARLIE ADELSON: But it came from that same number. The person didn't block the number they're texting from.
KATHERINE MAGBANUA: Yeah, yeah, we already got to that. We got to that point. All right. All right. Gotcha.
CHARLIE ADELSON: So don't -- don't do anything.
KATHERINE MAGBANUA: I gotcha.
CHARLIE ADELSON: I have a feeling -- you know, it's one of two things. I could care less. I just want the person to stop harassing my family.
KATHERINE MAGBANUA: I'm on the phone.
CHARLIE ADELSON: Evidently -- evidently (inaudible) whoever called.
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: The person could give a shit that he called.
KATHERINE MAGBANUA: No, I had a -- I had a friend that called but --
CHARLIE ADELSON: Yeah. Whoever that was who called, this person texting my mom at 2:00 in the morning couldn't really give a shit.
KATHERINE MAGBANUA: Now he's referencing --
CHARLIE ADELSON: He's referencing -- the only person's name he referenced in the text was Katie's baby daddy.
KATHERINE MAGBANUA: Yeah. How many Katies do you know -- (inaudible).
CHARLIE ADELSON: So --
KATHERINE MAGBANUA: No, a Katie who has a baby daddy. (Inaudible).
MS. MEYERS: Yeah, but weird thing is, whoever it is could literally give a shit about what was said to them. Because he has no problem continuing to send text messages from that number.
KATHERINE MAGBANUA: See, that's the part -- that's the part that really boggles my mind.
CHARLIE ADELSON: Yep. So don't --
KATHERINE MAGBANUA: Not afraid, obviously --
KATHERINE MAGBANUA: -- somebody that's fishing for something.
CHARLIE ADELSON: No, no. Somebody who has no problem --
KATHERINE MAGBANUA: Somebody that can get all of this information. This is getting -- the personal phone calls, a text message, some way. You know, like it's just -- it's a lot.
CHARLIE ADELSON: Okay. But this is my one fear --
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: -- nobody can protect somebody all the time. If there's a 1 percent chance that it is a bad guy who did something bad, you know, I worry about my Dad's safety going to an office where --
KATHERINE MAGBANUA: Uh-huh. No, no, no, I get you, bro. You don't (inaudible).
CHARLIE ADELSON: And that's what --
KATHERINE MAGBANUA: God, you're scaring the fuck out of me. Like (inaudible).
CHARLIE ADELSON: Yeah. I know, I know.
KATHERINE MAGBANUA: Whoever it is, it's a reference to me. You don't think I'm scared?
CHARLIE ADELSON: Yeah. And whoever it is like -- whoever called, the person could obviously give a fuck --
KATHERINE MAGBANUA: No, (inaudible).
CHARLIE ADELSON: He called him a puto.
KATHERINE MAGBANUA: That becomes even more of like, okay, what are we dealing with now.
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: (Inaudible). Is it somebody that's going to be waiting for you to be like, hey, like, I'll give you all this money, like or --
CHARLIE ADELSON: Well --
KATHERINE MAGBANUA: -- like somebody is trying to like mess with, you know what I mean? Like read between the lines.
CHARLIE ADELSON: Okay.
KATHERINE MAGBANUA: It becomes more of like, damn, (inaudible). What is going on?
MS. MEYERS: And then if they do, they're throwing a lot of information out that I don't know. So that's -- which is crazy. The question is where did they get it from and why don't they just go collect the reward, whoever has the information.
KATHERINE MAGBANUA: Exactly. All right. All right. We're saying the same thing repetitively and it's just --
CHARLIE ADELSON: Gotcha.
KATHERINE MAGBANUA: -- it's to the point where it's like --
CHARLIE ADELSON: So don't do anything. I just don't -- it's just aggravation, that's all. I just want my family left alone, you know.
KATHERINE MAGBANUA: Yeah. All right.
CHARLIE ADELSON: That's my day. Luckily I had the day off, so I got to hang out with everybody and deal with nonsense.
KATHERINE MAGBANUA: Right.
CHARLIE ADELSON: So --
KATHERINE MAGBANUA: All 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 I have to like think it out in my head. Like I'm all over the place because you just talk so much more of what's not necessary.
CHARLIE ADELSON: No, I know, I know. I always do that. I always go off on tangents and shit. I just -- listen, you're just my friend. That's the only reason why I'm going to you.
KATHERINE MAGBANUA: Oh, I know. It's pissing me off because it's like I don't even know. Like, you know, I'm -- me, I'm trying to help you out and figure out like what the hell is going on. So I don't --
CHARLIE ADELSON: I wish -- I wish I knew what was going on. There's a lot of fucking crazy people out there.
KATHERINE MAGBANUA: Right.
CHARLIE ADELSON: (Inaudible).
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: All right. Good luck with his endo appointment.
KATHERINE MAGBANUA: (Inaudible).
MS. MEYERS: All right. I'll talk to you later.
(Recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. Next we have a text, AAA. Publish that, please.
Tell us about this text.
PATRICK SANFORD: This text is from -- it's from Katherine Magbanua to Sigfredo Garcia.
MS. CAPPLEMAN: What does it say?
PATRICK SANFORD: It says: Call me if you can step out of the office for a second.
MS. CAPPLEMAN: Okay. Play BBB, please.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
KATHERINE MAGBANUA: Hello?
SIGFREDO GARCIA: Yeah.
KATHERINE MAGBANUA: Are you at home?
(Fast-forward.)
SIGFREDO GARCIA: I'll definitely take care of it. Did you pick up Ethan?
KATHERINE MAGBANUA: Yeah, I have him.
SIGFREDO GARCIA: (Inaudible).
KATHERINE MAGBANUA: We're going to -- it was such a mission to go get him.
(Recording restarted.)
KATHERINE MAGBANUA: Hello?
SIGFREDO GARCIA: Yeah.
KATHERINE MAGBANUA: Are you at home?
SIGFREDO GARCIA: Yeah.
KATHERINE MAGBANUA: So where you called, one of my friends just called me and was saying like -- remember when I had asked you like to do me a favor because somebody's harassing one of my friend's family?
SIGFREDO GARCIA: Yeah.
KATHERINE MAGBANUA: All right. Like they texted yesterday at 2:00 in the morning, not giving a shit, not blocking their number. It was the same freaking number that I had --
SIGFREDO GARCIA: Yeah.
KATHERINE MAGBANUA: -- asked you to help me out with or whatever, saying, obviously you're not taking me seriously. You have a puto calling me who is Katie's baby daddy. And I was like, wait, what are they talking about?
Like he's like -- and my friend is telling me like I don't even know if it's you or whoever. I mean, there's so many people that have a baby daddy and I've gone out with like plenty of Katies and I have a lot of Katie friends. Like, I don't know who the hell it is. And that you don't appreciate what's been done for you or something. And this is not going to stop.
What's so funny is how did somebody know your voice or even if they're talking about you.
SIGFREDO GARCIA: Yeah.
KATHERINE MAGBANUA: Could be a completely different person for all I know, you know?
SIGFREDO GARCIA: Yeah.
KATHERINE MAGBANUA: He's asking me because it's like, it seems like -- you know, because I told him like you'd help him, you know. I was, like, okay, I'll try to help you out.
SIGFREDO GARCIA: You know what, I'll take care of it.
KATHERINE MAGBANUA: It's funny how it just happened late last night --
SIGFREDO GARCIA: Yeah.
KATHERINE MAGBANUA: -- at 2:00 in the morning. It's like somebody got pissed.
SIGFREDO GARCIA: Yeah, I get it. Yeah, a hundred percent.
KATHERINE MAGBANUA: And they're not scared to use that number because they're parents who definitely -- you know, they got to have much more shit they can get a rise out of them. I don't think anybody should go through that. And it's funny, like, how do you get -- you know, he's just calling his mom. Like he's not calling anybody else. Like, yeah, you can get -- you can look it up or whatever but it's pretty brave.
SIGFREDO GARCIA: (Inaudible).
SIGFREDO GARCIA: Yeah, it is. It is pretty brave.
KATHERINE MAGBANUA: So I just don't like, you know, the fact that my name is being thrown out and baby daddies are being thrown out. Like what is all that?
SIGFREDO GARCIA: Yeah, no, (inaudible) nothing about it. So I'll definitely take care of it.
Did you pick up Ethan?
KATHERINE MAGBANUA: Yeah, I have him. It was such a mission to get him.
(Recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: 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: And, Judge, that call is on State's Exhibit 107. Move to publish that call at this time.
JUDGE EVERETT: You may.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
OSCAR JIMENEZ JR.: Hello?
DONNA ADELSON: This is Ms. Adelson. Is this --
DONNA ADELSON: -- Sammy? Sammy. Okay. My grandchildren had my phone before, so...
OSCAR JIMENEZ JR.: You're an Adelson?
DONNA ADELSON: I'm Ms. Adelson.
OSCAR JIMENEZ JR.: Yes, yes.
DONNA ADELSON: My grandchildren had my phone before, so that's -- and I just saw that you called.
OSCAR JIMENEZ JR.: Oh, okay.
DONNA ADELSON: I was --
OSCAR JIMENEZ JR.: You left a message on my voicemail.
DONNA ADELSON: Right, I did.
DONNA ADELSON: So this is my problem. You approached me on Alton Road. You handed me an article from the newspaper about my ex-son-in-law. You told me I need to call you and help your friend who is in prison. Now at the time you did that, I didn't understand what you were talking about. I didn't call you back.
Then you mail me a threatening letter. Then you send me a text message to my phone that says I'm not taking you seriously. So I am taking you seriously. And I really want you to listen to me.
OSCAR JIMENEZ JR.: I'm listening.
DONNA ADELSON: I have to tell you -- I mean, this is important. I have been so stressed out. I have spoken to ten 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. I don't -- you mentioned a name. I don't even know his name. I never spoke to him. I don't know what he looks like. I've never met him. I'm sorry your friend is in jail but I don't know what that has to do with me.
OSCAR JIMENEZ JR.: You know -- you know exactly what it has to do with. You know exactly what --
DONNA ADELSON: TI don't.
OSCAR JIMENEZ JR.: -- listen to me carefully.
DONNA ADELSON: Can I just --
OSCAR JIMENEZ JR.: Listen to me. You just got -- you just got to listen to me.
DONNA ADELSON: You need to ask your friend who this person looks like, what their name is, something, because I know there is 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. 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, that's what --
OSCAR JIMENEZ JR.: Just like I told -- just like I told you -- listen to me. Just like I told you that day, we know what -- we know that your family had a problem up north. we know that that problem was taken care of about a year and a half, two years ago. And we know that Katie has been taken care of -- and has been taken care of.
Now my brother -- my brother in jail, he -- we were in Broward together. He told me the whole thing. And he hasn't been taken care of. we know.
DONNA ADELSON: I know --
OSCAR JIMENEZ JR.: Now all -- all that's being asked for is five -- 5K. That's all we're asking for is the 5K. And he told me everything and I know everything. I know who's involved, I know everything. And I'1l1 get that 100K for myself.
DONNA ADELSON: And, you know, I --
OSCAR JIMENEZ JR.: All I ask is to send the 5K. Everybody knows what's going on.
DONNA ADELSON: well, I don't -- 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 person --
OSCAR JIMENEZ JR.: That's not -- that's not -- that's not what my brother Tato told me. He told me everything when we were in jail. He told me everything and who was involved. I know everything.
DONNA ADELSON: Well, I don't. That's the problem. I am telling you it's not me. It's not me. I have had a year of aggravation, a year and a half of aggravation over this. My daughter, my grandchildren. 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 -- or what he looks like or -- it's not me. I don't know who caused this. It wasn't me. I mean, I don't know what else to tell you.
OSCAR JIMENEZ JR.: Just -- just like that day when I talked to you, this is not going away. This is not going to go away because Tato told me everything. He wasn't being taken care of. He needed the 5K. Send 5K. That's all we were asking for.
DONNA ADELSON: But I don't --
OSCAR JIMENEZ JR.: You going to do that?
DONNA ADELSON: -- I don't know who Tato is. You don't understand.
OSCAR JIMENEZ JR.: We know you don't know who Tato 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. Let's stop fucking around. Okay? You know who Katie is. And you know that Katie has somebody that knows Tato. And they took care of a problem for you people. That's just the bottom line. The bottom line is you know -- you know who the fuck Katie is.
DONNA ADELSON: Look, I don't --
OSCAR JIMENEZ JR.: NO more mister -- I'm not fucking -- I'm not fucking around with it. You know who Katie is. You know that they took care of Katie and her people. Nobody has taken care of Tato. I know you don't know who Tato is.
DONNA ADELSON: No, I don't.
OSCAR JIMENEZ JR.: But you we know -- we know who all of you are. And this ain't going away.
DONNA ADELSON: You know what?
OSCAR JIMENEZ JR.: So I can give you what you want. Send me 5K.
DONNA ADELSON: Here's what you need to do. You need to go and --
OSCAR JIMENEZ JR.: Don't tell me what to do. I know what to do and I'm doing it.
DONNA ADELSON: You're looking for money. Get $100,000 or whatever the, what do you call it --
OSCAR JIMENEZ JR.: Whatever the reward is.
DONNA ADELSON: It isn't me. You have got the wrong person. That's why I said, ask your friend --
OSCAR JIMENEZ JR.: You're Donna -- you're Donna Adelson.
DONNA ADELSON: Yes, I am. Yes, I am.
OSCAR JIMENEZ JR.: Well, I know. we know who's involved in all this.
DONNA ADELSON: This is not me. 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 think -- I can't -- 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. I just don't know.
OSCAR JIMENEZ JR.: Really? I think you should talk to Katie. Talk to your people that are involved in this. You'll know. You know what's going on.
DONNA ADELSON: I do not know. That's why I'm calling you back.
OSCAR JIMENEZ JR.: You know, Ms. Adelson, you can tell me all you fucking want but I know you know. Because I know because I heard -- when I was locked up in Broward with my brother Tato, he told me everything. Everything. He told me everything.
DONNA ADELSON: well, then if you know everything --
OSCAR JIMENEZ JR.: I just want you to take care of him because fucking Katie was being taken care of with her fucking Tuto.
DONNA ADELSON: I just think -- 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.
OSCAR JIMENEZ JR.: You talk to people -- you talk to the right people, you talk to people, you make this 5K come to me. That's all I need. Just do it and get it to me. Do it and get it to me.
DONNA ADELSON: I'll call you back.
(Recording concluded.)
BY MS. CAPPLEMAN:
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 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. Let's go to CCC, please.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
DONNA ADELSON: Hey, Charlie. How are you?
CHARLIE ADELSON: Good. what's going on?
DONNA ADELSON: Good. we just finished with dinner. we drove Bruce Blackwell back to his hotel in Miami and we just got back to the Icon. So we're going to go for just a little walk along the marina and then we're going to go upstairs.
CHARLIE ADELSON: Okay. I just stepped away. I was having dinner with June on Las Olas.
DONNA ADELSON: Okay. I'll let you go right back.
CHARLIE ADELSON: I will.
DONNA ADELSON: I just wanted to tell you that I did have that handpiece now.
CHARLIE ADELSON: Okay, great.
DONNA ADELSON: So I'll Cinaudible).
CHARLIE ADELSON: Let me ask you, any more nonsense from the patient?
DONNA ADELSON: Yeah, that's why. You know, those things always get aggravating but I try not to let that bother me.
CHARLIE ADELSON: Was it -- was it bad?
DONNA ADELSON: Oh, no. And I -- you know, I did, I -- loaded that new app, too. I'll have to show it to you. I think you'll really be interested.
CHARLIE ADELSON: Okay. So you had --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: -- how long of a talk did you have?
DONNA ADELSON: Eight, eight.
CHARLIE ADELSON: Eight minutes?
DONNA ADELSON: Yes.
CHARLIE ADELSON: You talked to the patient for eight minutes?
DONNA ADELSON: Yeah.
CHARLIE ADELSON: And they were nice?
DONNA ADELSON: Not really, no.
CHARLIE ADELSON: Did they -- did they --
DONNA ADELSON: But you'll -- I'll -- I'll tell you.
CHARLIE ADELSON: Let me ask you a question. Did they give any threats or anything?
CHARLIE ADELSON: That's -- that's interesting.
DONNA ADELSON: 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?
CHARLIE ADELSON: It kind of is. I mean --
DONNA ADELSON: Yeah, that's what I was thinking.
CHARLIE ADELSON: -- I can do it if you want. It's not --
DONNA ADELSON: I know I could do it at 9:00, so that would be the latest. Because then we have -- 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 you were leaving at 11:00.
CHARLIE ADELSON: what time do you have to be at Boca?
DONNA ADELSON: By 10:00.
CHARLIE ADELSON: And then when do you go come back to Fort Lauderdale?
DONNA ADELSON: By I think it's 12:00. I think we have to be back here by 12:00 or 12:30.
CHARLIE ADELSON: Okay. I was going to take the boat out at 12:30. If you want, I could wait a little bit.
DONNA ADELSON: So you know what? TI thought -- okay. I thought you were leaving at 11:00. That was the problem.
CHARLIE ADELSON: No, no, I was going to. I'l] leave at 12:30, 1:00 and I'll wait for you. How does that sound?
DONNA ADELSON: You know what, yeah, I'll give you a call when we're leaving Boca. How is that? So it will be definitely after 11:00.
CHARLIE ADELSON: (Inaudible),
DONNA ADELSON: Yeah, I did actually.
CHARLIE ADELSON: Okay.
DONNA ADELSON: Yeah, but I'll call you from Boca when we're on our way down.
(Fast-forward.)
CHARLIE ADELSON: were they real talkative or --
DONNA ADELSON: Very.
CHARLIE ADELSON: Really?
DONNA ADELSON: Yeah.
CHARLIE ADELSON: That's interesting, too.
DONNA ADELSON: Yeah, it is. So let me call you from there 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?
CHARLIE ADELSON: Okay. That's awesome, that's actually --
DONNA ADELSON: Yes.
CHARLIE ADELSON: -- that's actually all very, very, very --
DONNA ADELSON: It is.
CHARLIE ADELSON: -- very good news.
DONNA ADELSON: Yeah, it is.
CHARLIE ADELSON: Because that's an excellent, excellent time.
DONNA ADELSON: Yeah. So you go, enjoy your evening. Say hello to June for me and I'll --
CHARLIE ADELSON: Yeah.
DONNA ADELSON: -- give you a call before we leave.
CHARLIE ADELSON: Call I tell you something? (Inaudible) --
DONNA ADELSON: Right.
CHARLIE ADELSON: -- not to name names, but I had to write a check for 22,000 --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: -- Barbara's daughter. The daughter, when she got on the phone with me, she was so to the point --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: -- and it was a threat. And it said --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: -- if you don't by Thursday -- you know, if you don't by Thursday return the check, I'm going to my attorney, we're filing a suit and we're going to the Board of Dentistry.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: And that's it. So which way is it going to be? It was -- literally, she spoke for 20 seconds.
DONNA ADELSON: Hmm.
CHARLIE ADELSON: So I mean, that's -- anyways, that's good that they're Cinaudible).
DONNA ADELSON: Yeah, okay.
CHARLIE ADELSON: So I'm sitting -- she's out of -- we're outside at Johnny Bs.
DONNA ADELSON: Oh, go ahead, Charlie.
CHARLIE ADELSON: I will do this, I will wait to take the boat out. Even if my friends are here when you're here, 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 Dad has the models.
DONNA ADELSON: Yeah, he has all the models to show you.
CHARLIE ADELSON: And do not forget those handpieces. TI need them.
DONNA ADELSON: No, I know, I know. I've got them all packed up ready.
CHARLIE ADELSON: All right, great.
DONNA ADELSON: So we'll see you tomorrow. Love you.
CHARLIE ADELSON: Sounds good. Love you, Mom.
MS. MEYERS: Bye, sweetheart.
(Recording concluded.)
MS. CAPPLEMAN: If we could go to the next day, May 7th, 2016. I'm sorry, that's the same day. We're going from 11 -- have I gone to the next day? Yes. Okay. I'm sorry.
DDD is what I'm trying to go to.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
KATHERINE MAGBANUA: Hello.
CHARLIE ADELSON: Hey, how are you?
KATHERINE MAGBANUA: Good.
CHARLIE ADELSON: Good. I'm on a boat --
KATHERINE MAGBANUA: What's up?
CHARLIE ADELSON: I'm on a boat, but --
KATHERINE MAGBANUA: Are you with somebody?
CHARLIE ADELSON: I'm with a bunch of people but I got a new CD that you should listen to --
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: -- the next time I see you.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: So it's interesting but it's 100 percent, 100 percent.
KATHERINE MAGBANUA: 100 percent what?
CHARLIE ADELSON: It's a 100 percent record breaker. Makes you wanted to drop the mike.
KATHERINE MAGBANUA: Oh, yeah?
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: I can't wait to hear it.
CHARLIE ADELSON: It's the kind of shit you want to play when you're just cruising along and you see a Vietnamese potbellied pig walking down the street.
KATHERINE MAGBANUA: Is it a long -- is it a long tape?
CHARLIE ADELSON: It's -- the track is -- the track is over four or five minutes.
KATHERINE MAGBANUA: I thought it was just a tape.
CHARLIE ADELSON: Oh, the track is long.
KATHERINE MAGBANUA: You're old school, you know.
CHARLIE ADELSON: I know, I know. It's just like a long single. Over five minutes long.
KATHERINE MAGBANUA: Oh, wow.
CHARLIE ADELSON: Lots of -- lots of talking.
CHARLIE ADELSON: Yeah, yeah, 100 percent.
KATHERINE MAGBANUA: Did you already re-say it aloud to yourself?
CHARLIE ADELSON: I heard it.
KATHERINE MAGBANUA: So I can hear it? Uh-uh.
CHARLIE ADELSON: I heard the track many times. I'm the one that recorded it.
CHARLIE ADELSON: In the background.
KATHERINE MAGBANUA: Nice.
CHARLIE ADELSON: Oh, my God, I didn't even tell you. One of my friends has the cutest potbellied pig.
KATHERINE MAGBANUA: Has the cutest what?
CHARLIE ADELSON: Potbellied pig.
KATHERINE MAGBANUA: Potbellied pig?
CHARLIE ADELSON: Yeah. You know what a pig is?
KATHERINE MAGBANUA: Are you serious?
CHARLIE ADELSON: Yeah, he's got the cutest potbellied pig. So anyway.
KATHERINE MAGBANUA: That's not good.
CHARLIE ADELSON: I know. I fucking get -- I like dogs, not pigs.
KATHERINE MAGBANUA: Yeah, they're hard to maintain.
CHARLIE ADELSON: But --
CHARLIE ADELSON: -- anyway --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: As long as they're housebroken, they're not that bad.
KATHERINE MAGBANUA: Oh, okay.
CHARLIE ADELSON: Hold on, hold on. I can't fucking hear a thing.
KATHERINE MAGBANUA: You can't hear because there's music behind me.
CHARLIE ADELSON: Can you lower it, Bill, just a little, not a lot? Sorry.
KATHERINE MAGBANUA: I can't wait to hear your pretty single.
CHARLIE ADELSON: I know. It's playing in the background right now.
KATHERINE MAGBANUA: Oh, yeah?
CHARLIE ADELSON: Yeah. Dropping it like it's hot. It's going to be like one of the --
KATHERINE MAGBANUA: Do you think --
CHARLIE ADELSON: -- (inaudible) I like ad-libbing it. I ad-libbed it.
KATHERINE MAGBANUA: Do you think it's going to make a good hit?
CHARLIE ADELSON: Oh, I think -- I think it's fantastic.
KATHERINE MAGBANUA: Yeah?
CHARLIE ADELSON: Yes, I think --
KATHERINE MAGBANUA: You think it will sell a lot?
CHARLIE ADELSON: I hope so. I dropped the mike.
KATHERINE MAGBANUA: Oh, you were like, ouch.
CHARLIE ADELSON: Yeah, funny shit.
KATHERINE MAGBANUA: Well, when can I hear it?
CHARLIE ADELSON: What's that?
KATHERINE MAGBANUA: When can I hear it?
CHARLIE ADELSON: I'll be off the phone any second. Go ahead and install the AC unit and I'll pay you on Monday.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: All right. I'll talk to you.
KATHERINE MAGBANUA: All right. Bye.
(Recording concluded.)
BY MS. CAPPLEMAN:
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: 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?
All right. Anywhere 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 --
MS. CAPPLEMAN: Okay.
PATRICK SANFORD: -- Harvey 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 100 and 1,000 percent fantastic realization that 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, Your Honor.
CROSS-EXAMINATION +BY MR. RASHBAUM:
MR. RASHBAUM: we meet again. Good afternoon.
PATRICK SANFORD: Good afternoon, sir.
MR. RASHBAUM: Your investigation revealed that Luis Rivera used burner phones in connection with this murder; right?
PATRICK SANFORD: He used one during the murder, yes.
MR. RASHBAUM: That he threw away; right?
PATRICK SANFORD: we don't know what he did with the actual phone but he quit using it after the murder.
MR. RASHBAUM: Sigfredo used burner phones as well; right?
PATRICK SANFORD: we're aware of him using one during the murder, too.
MR. RASHBAUM: You heard about, on the wire, that he was going to use a burner phone; right? He was going to go get a burner phone?
PATRICK SANFORD: He talked about getting rid of his phone after he used it, correct.
MR. RASHBAUM: And so did Katherine Magbanua; right?
PATRICK SANFORD: I don't remember her saying she was going to get rid of a phone, no.
MR. RASHBAUM: 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.
MR. RASHBAUM: They went to Walmart to buy two phones; right?
PATRICK SANFORD: Correct, after we -- I interviewed Sigfredo and she was attempted to be interviewed; correct.
MR. RASHBAUM: After Sigfredo Garcia was arrested, Katherine Magbanua only used her -- 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 is no evidence that Charlie Adelson ever used a burner phone; right?
PATRICK SANFORD: Not that we -- not that we were able to establish.
MR. RASHBAUM: During the wires he always used the same phone; correct? The cell phone?
PATRICK SANFORD: Correct, with whatsApp.
MR. RASHBAUM: Fair enough. There's no evidence that he ever went and bought a burner phone; right?
PATRICK SANFORD: I have not collected 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.
MR. RASHBAUM: Never were able to corroborate that; right?
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.
MR. RASHBAUM: He 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: Of all the people that she was calling on the wires, she never calls Charlie Adelson; right? When she's hiding?
PATRICK SANFORD: During while she's hiding, just during that hourlong 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, a long time ago.
MR. RASHBAUM: 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: 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. 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 the house the night after we conducted the interview of Sigfredo.
MR. RASHBAUM: Okay. Then she left?
PATRICK SANFORD: Yes.
MR. RASHBAUM: And she never came back?
PATRICK SANFORD: Correct.
MR. RASHBAUM: Fair enough.
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. They would give us a brief indication and then -- yes, we didn't know where she was at all times for sure, or 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. 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.
PATRICK SANFORD: Right.
MR. RASHBAUM: 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?
PATRICK SANFORD: He was that night, yes.
MR. RASHBAUM: Okay. You say “that night" --
PATRICK SANFORD: That morning.
MR. RASHBAUM: -- he had been living in that house pretty much continually for the next six years?
PATRICK SANFORD: I'm aware that he had a couple different houses. I'm not sure if he -- I don't know if he stayed in that 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 was his main residence; right?
PATRICK SANFORD: Correct. It was still his residence of some record.
MR. RASHBAUM: And 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 his 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 had changed it.
MR. RASHBAUM: Now it was made public the arrest of Rivera and Sigfredo in May 2015 -- 2016; correct?
PATRICK SANFORD: Correct, right after his -- 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, prime-time specials in September 2016. 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. 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: Now 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. charlie Adelson didn't flee; right?
PATRICK SANFORD: That's correct.
MR. RASHBAUM: The State announces its intention to retry Katherine Magbanua after the jury hung in 2019. 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.
JUDGE EVERETT: Approach.
AT THE BENCH
JUDGE EVERETT: What's the purpose of this line of questioning?
MR. RASHBAUM: Dolce Vita, the first line is, if they had any evidence, we'd already be at the airport. I'm responding to that line.
JUDGE EVERETT: Very well. But to continually go through the timing of the arrest and the fact that he didn't run -- I understand you want to respond to this, but I guess this needs to be a little tighter. That's where I'm going.
MR. RASHBAUM: Two more questions I think.
JUDGE EVERETT: Very well.
State, do you wish to be heard on this matter?
MS. CAPPLEMAN: No, Your Honor.
JUDGE EVERETT: You may continue.
MR. RASHBAUM: Thank you.
IN OPEN COURT
JUDGE EVERETT: You may continue with your examination.
BY MR. RASHBAUM:
MR. RASHBAUM: Special Agent, we were talking about the places he went to where extradition was tough. 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. It was a lot of back and forth though.
MR. RASHBAUM: Fair enough.
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 midsummer 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: No, 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. Now we listened to a lot of calls. Katie lies to Charlie when she told him that she would call the undercover; right?
PATRICK SANFORD: Correct.
MR. RASHBAUM: She lied to Charlie when she told him that she called the undercover and there was no answer?
PATRICK SANFORD: Correct.
MR. RASHBAUM: She lied to Charlie when she told him that the undercover number was a nonworking number; right?
PATRICK SANFORD: Correct.
MR. RASHBAUM: Nonworking number would be like in the old days where it goes (descriptive sound); 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. when she called the undercover.
PATRICK SANFORD: Correct. She was not the one to make the call; 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.
MR. RASHBAUM: He didn't leave a threatening message?
MR. RASHBAUM: Another lie by Katie to Charlie; correct?
PATRICK SANFORD: Correct. Or by Sigfredo, 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.
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 at least twice. You were there two times.
PATRICK SANFORD: That's correct.
MR. RASHBAUM: And you met for hours.
PATRICK SANFORD: I 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?
PATRICK SANFORD: That's what it shows? Us sitting in the room with her for two hours and 12 minutes?
MR. RASHBAUM: That's what the notes say.
PATRICK SANFORD: Okay. If that's what the video shows.
MR. RASHBAUM: Fair enough.
Nonetheless, you met with her twice.
PATRICK SANFORD: Yes.
MR. RASHBAUM: She was placed under oath.
PATRICK SANFORD: Yes.
MR. RASHBAUM: And 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; correct?
PATRICK SANFORD: 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 --
MS. CAPPLEMAN: Objection.
JUDGE EVERETT: What is the objection?
MS. CAPPLEMAN: Speculation, Your Honor.
JUDGE EVERETT: Say that one more time.
MS. CAPPLEMAN: Speculation. He can't give opinions on other witness's credibility.
JUDGE EVERETT: Sustained.
BY MR. RASHBAUM:
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.
Were you frustrated in the second interview as well?
PATRICK SANFORD: Yes, I was.
MR. RASHBAUM: You didn't believe she was -- I'll withdraw.
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? I mean, I know you didn't believe her then. But this was during her proffer.
PATRICK SANFORD: Correct.
MR. RASHBAUM: Proffers; right?
PATRICK SANFORD: Yes.
MR. RASHBAUM: This was just less than -- less than a year ago; right?
PATRICK SANFORD: I don't remember the date but that sounds right.
MR. RASHBAUM: The bump was an extortion; right?
PATRICK SANFORD: It was an attempted 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?
MR. RASHBAUM: Yes.
PATRICK SANFORD: It seemed like he was comparing it to a TV show.
MR. RASHBAUM: Fair enough. 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?
PATRICK SANFORD: Correct.
MR. RASHBAUM: During the bump, Charlie's way of calming his mom down -- a coconspirator; right? You consider her a coconspirator?
PATRICK SANFORD: I do, yes.
MR. RASHBAUM: Charlie's way of calming down his mom, a coconspirator, 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 coconspirator or another bad guy?
PATRICK SANFORD: Correct.
MR. RASHBAUM: 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 me be -- let me be more precise.
PATRICK SANFORD: Okay.
MR. RASHBAUM: when Charlie Adelson spoke to the undercover, he used his cell phone.
PATRICK SANFORD: He used -- yes and he blocked his number when he called, yes.
MR. RASHBAUM: He star 67'd it.
PATRICK SANFORD: Correct.
MR. RASHBAUM: He used his cell phone though; correct?
PATRICK SANFORD: I believe he did. I can't remember the exact dialed digits they came from.
MR. RASHBAUM: Fair enough, fair enough.
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's -- it could be, yes.
MR. RASHBAUM: And Dolce Vita in particular, you can't hear a lot of what Katie Magbanua is saying; correct?
PATRICK SANFORD: It's hard to hear a lot of it, yes.
MR. RASHBAUM: There is about 100 unintelligibles when she is speaking; correct?
PATRICK SANFORD: Correct.
MR. RASHBAUM: And there is 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. So before they get to Dolce Vita, Charlie Adelson and Katie Magbanua 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?
MR. RASHBAUM: Now, during this bump, you-all are listening on the wires; right?
PATRICK SANFORD: Correct.
MR. RASHBAUM: And no one is 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: Let me ask it this way.
PATRICK SANFORD: Okay.
MR. RASHBAUM: It starts with a bump on the street; right?
PATRICK SANFORD: Right.
MR. RASHBAUM: And we watched it. The gentleman who is playing a Latin King, he's a little bit polite. Can we say that?
PATRICK SANFORD: Correct.
MR. RASHBAUM: He's the nicest Latin 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 -- is a letter is delivered to Donna and Harvey Adelson's apartment.
PATRICK SANFORD: 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.
PATRICK SANFORD: A little bit.
MR. RASHBAUM: And still no one pays.
PATRICK SANFORD: Correct.
MR. RASHBAUM: And then there's a couple calls to the office. There's a call to the office.
PATRICK SANFORD: Correct.
MR. RASHBAUM: Still no one pays.
PATRICK SANFORD: Correct.
MR. RASHBAUM: And then there's a text message that comes at like two or three in the morning to Donna Adelson; right?
PATRICK SANFORD: Yes.
MR. RASHBAUM: And the timing is kind of important; right?
PATRICK SANFORD: It could be. It could be taken that way.
MR. RASHBAUM: And the text message is definitely more threatening.
PATRICK SANFORD: Yes.
MR. RASHBAUM: Now going to the wires very briefly. 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, yes.
MR. RASHBAUM: And some wires that were not played in court. 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 the 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. Do you recall that?
PATRICK SANFORD: Yes.
MR. RASHBAUM: And it's because she has just left the house the day ~—sbefore.
PATRICK SANFORD: Sounds correct.
MR. RASHBAUM: She has left him.
PATRICK SANFORD: Correct.
MR. RASHBAUM: And she says to him in the text message, listen, I've got to talk to you about something else.
PATRICK SANFORD: Yes.
MR. RASHBAUM: Do you recall that?
PATRICK SANFORD: I do.
MR. RASHBAUM: And you recall that Charlie Adelson finds out that these two have -- are having problems and he freaks out?
PATRICK SANFORD: I don't remember 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, yes.
MR. RASHBAUM: By the way, Ms. Cappleman asked you after the last bump text that was received 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: 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? If you have information, go to the police.
PATRICK SANFORD: She did at that point, that's correct.
MR. RASHBAUM: Right? That's what she said.
PATRICK SANFORD: On that call.
MR. RASHBAUM: Now she didn't want to go to the police. She never went to the police; right?
PATRICK SANFORD: Correct.
MR. RASHBAUM: Charlie never went to the police.
MR. RASHBAUM: And you don't know why. 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: I can't read his mind, no.
MR. RASHBAUM: May I have one moment, Your Honor?
JUDGE EVERETT: Take your time.
BY MR. RASHBAUM:
MR. RASHBAUM: 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. TI 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: Now, 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.
After Professor Markel was murdered, wendi Adelson gave complete access to the Markels; isn't that true? Until the e-mail was sent.
PATRICK SANFORD: I don't know about complete access but I believe -- I know when the e-mail was sent, there were things that were cut off.
MR. RASHBAUM: Fair enough. But before the e-mail was sent, there was a different type of access?
PATRICK SANFORD: There was better access. I could say that.
MR. RASHBAUM: Do you recall -- and you know what, let me set it up first.
MR. RASHBAUM: It might take a second, Your Honor.
JUDGE EVERETT: Go ahead.
(off-the-record discussion.)
MR. RASHBAUM: Hold on one second, Your Honor.
BY MR. RASHBAUM:
MR. RASHBAUM: Do you recall the Dave 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 affectation for Dave.
PATRICK SANFORD: Sure. I remember several of them, but...
MR. RASHBAUM: And do you recall that Ms. 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.
PATRICK SANFORD: Okay.
(Attorneys confer.)
MR. RASHBAUM: Can we do a test before I ask a question?
JUDGE EVERETT: Go ahead.
(Recording briefly played.)
MR. RASHBAUM: Okay. Did it work in the headphones? No. All right. well, I think we can hear it. It's pretty loud. Let's see if we can hear it.
I'm going to play you at 20 minutes and 20 seconds.
(An audio/video recording was published in open court. This transcript should not be considered a verbatim record of those proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
CHARLIE ADELSON: -- want to make money. They already have their kids. I'm not looking to make a whole
(inaudible).
DONNA ADELSON: She's devoted to those kids.
CHARLIE ADELSON: Yeah.
DONNA ADELSON: But she has an opportunity that she would throw in the garbage. And believe me, that's it. They're not going to have another dad.
CHARLIE ADELSON: No, no.
DONNA ADELSON: (inaudible).
CHARLIE ADELSON: well, it was -- they had a dad. This was a tragedy what happened.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: But I'm telling you --
(Recording concluded.)
BY MR. RASHBAUM:
MR. RASHBAUM: So there, 20 minutes and 25 seconds into the call, about two minutes after Mr. -- 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.
PATRICK SANFORD: Correct.
MR. RASHBAUM: He had no idea whatsoever that he was being recorded?
PATRICK SANFORD: I would probably disagree with that.
MR. RASHBAUM: But the other stuff -- remember yesterday she brought in other stuff about Dave and she asked you those same questions. She said, this is before the bump. Do you recall her asking that?
PATRICK SANFORD: Yeah, it was 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.
MR. RASHBAUM: No further questions.
JUDGE EVERETT: Redirect examination.
REDIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: The point being, two years after the murder, they're still screwing around in wendi's love life. Is that what happened?
PATRICK SANFORD: That is correct.
MS. CAPPLEMAN: All right. 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?
PATRICK SANFORD: Early July, I believe.
MS. CAPPLEMAN: 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. would the text messages refresh your recollection on that --
PATRICK SANFORD: They would.
MS. CAPPLEMAN: -- issue?
PATRICK SANFORD: They would. It's been a while.
MS. CAPPLEMAN: I tabbed these for you to take a look and see if the blue tabs refresh your recollection.
(Pause. )
PATRICK SANFORD: Okay.
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: And did they continue to stay in contact, to varying degrees, throughout the time from their breakup to the arrests in this case?
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: And did you -- well, let me ask you if you ever worked on or heard of a case where an extortionist commits their crimes wearing a fake Abe Lincoln beard and a floppy hat.
PATRICK SANFORD: No, I have not.
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.