Luis Rivera — Direct/Cross
611 linesMS. CAPPLEMAN: May I address the court while she's working on the jury?
JUDGE EVERETT: Go ahead.
MS. CAPPLEMAN: I would like some clarification on the hearing that is going to be conducted outside the presence of the jury regarding State's Exhibit 60.
MS. CAPPLEMAN: My takeaway from our sidebar was that I was going to authenticate every single page.
MS. CAPPLEMAN: The defense has now advised me they only have limited objections to State 60, so I would ask for some clarification on what we're doing there.
JUDGE EVERETT: Starting 60, the defense can be heard.
MR. ZELMAN: I think we resolved that with the court's ruling already, Your Honor.
MR. ZELMAN: Ms. Fulford thought that she was referring to someone.
MS. FULFORD: I thought you were referring to the email.
MS. CAPPLEMAN: Oh, no, I'm referring to the divorce.
JUDGE EVERETT: State Exhibit 64 has been admitted with the only exception being AA for right now.
MS. FULFORD: Right, that was my bad. I thought that's what she was referring to when I said divorce.
JUDGE EVERETT: Okay.
JUDGE EVERETT: As to State 60 — the foundation has begun with the detective. As to any other witnesses that you intend to link up the parts of the foundation with, you were certainly permitted to do so. Is there an objection to it right now being admitted?
JUDGE EVERETT: I believe the objection was foundation as to showing emails or communications that link up exactly with what the pleadings are.
MS. CAPPLEMAN: Yes, sir.
MS. CAPPLEMAN: And will that be in reference to each pleading or just select pleadings?
JUDGE EVERETT: Mr. Zelman and Ms. Fulford?
MR. ZELMAN: Judge, my understanding from the court's ruling is that the State could lay the foundation as they move through their case. And with that ruling, I mean, obviously we'd like them to establish foundation, but I'm not objecting to what has been presented as to 60 other than the foundation, which, as you indicated, they can prove up along the way as long as they complete it by the end of their case in chief.
JUDGE EVERETT: Well, until the foundation is complete as to State 60, it is not admitted.
MS. CAPPLEMAN: Understood.
MS. CAPPLEMAN: Okay, I am going to go forward with Mr. Rivera at this time, Judge. If we finish before 5, I'm hopeful that I'll be able, outside the presence of the jury, to conduct that hearing regarding the foundation and admissibility of that exhibit. Would that be acceptable to the court?
JUDGE EVERETT: That's fine.
MS. CAPPLEMAN: I'm not sure I'm going to be ready. I'm working on that. But I just wanted to have clarification on what I was working on.
JUDGE EVERETT: Please bring in the jurors. And can we have Mr. Rivera brought in?
BAILIFF: Do you want him brought in now before?
MS. CAPPLEMAN: Do you want to have him seated before we bring in the jurors?
JUDGE EVERETT: You can bring in Rivera first.
JUDGE EVERETT: You can bring in the jurors.
JUDGE EVERETT: You can take a seat for right now.
JUDGE EVERETT: Do you swear or affirm the testimony you're about to give will be the truth?
LUIS RIVERA: Yes, sir.
JUDGE EVERETT: You may examine.
MS. CAPPLEMAN: Sir, please introduce yourself and spell your name.
LUIS RIVERA: Luis Rivera. L-U-I-S R-I-V-E-R-A.
MS. CAPPLEMAN: Mr. Rivera, where are you from?
LUIS RIVERA: I'm from Puerto Rico.
MS. CAPPLEMAN: Okay, but were you living in Miami back in 2014?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: How long did you live in Miami?
LUIS RIVERA: My whole life.
MS. CAPPLEMAN: You were born in Puerto Rico, though?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: Okay, but moved to Miami at what age?
LUIS RIVERA: Two years old.
MS. CAPPLEMAN: Okay. Have you been convicted of a felony?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Including the murder that we're here about today?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: It's five felonies — sound correct?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And you're currently incarcerated?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Is that for this case, or this case and another case?
LUIS RIVERA: Both.
MS. CAPPLEMAN: Both? So it's a federal sentence and this sentence?
LUIS RIVERA: It's a state case.
MS. CAPPLEMAN: What did you plea to in this case?
LUIS RIVERA: This case? Guilty.
MS. CAPPLEMAN: Guilty to what?
LUIS RIVERA: To a second-degree murder.
JUDGE EVERETT: If you can speak up, Mr. Rivera, that would solve the problem.
LUIS RIVERA: Guilty to a second-degree murder.
JUDGE EVERETT: Thank you.
MS. CAPPLEMAN: Why not a second-degree murder?
MS. CAPPLEMAN: What was your sentence on the second-degree murder?
LUIS RIVERA: 19 years.
MS. CAPPLEMAN: Okay. And that was concurrent with your federal sentence, right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay. Okay, and what did you have to do in exchange for getting a 19-year sentence?
LUIS RIVERA: I had to cooperate.
MS. CAPPLEMAN: What does cooperation mean to you?
LUIS RIVERA: Well, telling.
MS. CAPPLEMAN: Telling on who?
LUIS RIVERA: On my co-defendant — Garcia, Katie.
MS. CAPPLEMAN: All right. Did anybody ever tell you what to say?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Has anybody ever told you anything other than to tell the truth?
LUIS RIVERA: No.
MS. CAPPLEMAN: Excuse me? Has anybody told you to say anything other than the truth?
LUIS RIVERA: No. No.
MS. CAPPLEMAN: Has anybody promised you anything other than the sentence that you got in exchange for cooperation?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Did anybody ever tell you, "Oh, you have to testify about a specific person to get a deal"?
LUIS RIVERA: No, ma'am. Not at all.
MS. CAPPLEMAN: Have you been offered anything on your federal sentence from doing this cooperation on this case?
LUIS RIVERA: No.
MS. CAPPLEMAN: As part of your negotiation, or your lawyer's negotiation of this case, did you give up what's called a proffer — a recorded proffer?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And even back then when you gave the proffer, did anybody tell you what you needed to say there?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Were you hired to participate in the murder of Dan Markel?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Who hired you to be involved in the murder?
LUIS RIVERA: I got it from my friend, Dudo Garcia.
MS. CAPPLEMAN: Is that Sigfredo Garcia?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: How did you know him?
LUIS RIVERA: Childhood friends.
MS. CAPPLEMAN: So to cooperate and get this deal, you had to turn on one of your best friends.
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Who enlisted Sigfredo Garcia to be a part of this murder?
LUIS RIVERA: Katie.
MS. CAPPLEMAN: Who's Katie?
LUIS RIVERA: His wife.
MS. CAPPLEMAN: Is that Katherine Magbanua?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Do you know who enlisted her to be involved in this murder?
LUIS RIVERA: Not really.
MS. CAPPLEMAN: Was it a murder for hire?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Did you know that somebody was paying Katie?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And Katie was the one that brought the money to you all, right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And what was the purpose of this murder, as you understood it?
LUIS RIVERA: That they wanted the kids.
MS. CAPPLEMAN: Who wanted the kids?
LUIS RIVERA: Wendi.
MS. CAPPLEMAN: Okay. And did you understand that you were killing the father of the kids so that Wendi could have the kids?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Have you previously referred to a dentist being involved?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Who was the dentist?
LUIS RIVERA: Charlie.
MS. CAPPLEMAN: And how was he related?
LUIS RIVERA: Katie's boyfriend, side piece, whatever you want to call him.
MS. CAPPLEMAN: All right, so Katie was the wife of Garcia, but also the girlfriend of the dentist?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: Did you have any contact with the dentist ever?
LUIS RIVERA: No.
MS. CAPPLEMAN: Did you have any contact with any member of the Adelson family?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Everything went through Katie, right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: What did the dentist, if you know, have to do with the lady in Tallahassee whose kids — who needed her kids?
LUIS RIVERA: I don't know nothing about them. I don't know nothing about that family.
MS. CAPPLEMAN: Who was in charge of getting the money after the job was done?
LUIS RIVERA: Katie.
MS. CAPPLEMAN: How much were you to be paid for your part in this crime?
LUIS RIVERA: 35.
MS. CAPPLEMAN: $35,000?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Did you know the total amount that the job paid?
LUIS RIVERA: No, not — not really.
MS. CAPPLEMAN: Did you know how much Garcia got?
LUIS RIVERA: 40, I believe.
MS. CAPPLEMAN: $40,000?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: And did you know how much Katie got?
LUIS RIVERA: Oh, I can't remember.
LUIS RIVERA: But I think it was, like, 40. I think it totaled to be, like, 100, something like that.
MS. CAPPLEMAN: Okay, somewhere in the neighborhood of $100,000?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Was it a one-time payment, or was it a payment that occurred over time, that you got?
LUIS RIVERA: No, it was a one-time payment.
MS. CAPPLEMAN: What did you know about the man that you came to Tallahassee to kill?
LUIS RIVERA: I don't know nothing about him.
MS. CAPPLEMAN: How did you know who to kill?
LUIS RIVERA: Sigfredo Garcia.
MS. CAPPLEMAN: How did he know?
LUIS RIVERA: Katie.
MS. CAPPLEMAN: Did he have some information about the man you were here to kill?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Tell us what that was.
LUIS RIVERA: It was a piece of paper with a picture on it of his face and the address.
MS. CAPPLEMAN: A picture of Dan Markel's face?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And the address of what, where he lived?
LUIS RIVERA: Of his house, yes.
MS. CAPPLEMAN: Did you and Rivera refer to each other I'm sorry, you and Garcia refer to each other as brothers?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: State's 45 in evidence.
MS. CAPPLEMAN: Is that you and Mr. Garcia?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Have you ever been to Tallahassee before you came for this case?
LUIS RIVERA: Never in my life.
MS. CAPPLEMAN: How many times did you come to Tallahassee related to this case?
LUIS RIVERA: This case, twice.
MS. CAPPLEMAN: So were you with Sigfredo Garcia both times?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: Was that one time in June and one time in July?
LUIS RIVERA: I believe so.
MS. CAPPLEMAN: Okay, and July, the second time, was when the murder happened, is that right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Was it just the two of you on both of these trips?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Introduce State's 44, Your Honor.
MS. CAPPLEMAN: Publishing State's 44. Who's this right here?
LUIS RIVERA: Garcia.
MS. CAPPLEMAN: And this?
LUIS RIVERA: Katie.
MS. CAPPLEMAN: Who's that?
LUIS RIVERA: My baby mama.
MS. CAPPLEMAN: Your child's mother?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: What's her name?
LUIS RIVERA: Jessica.
MS. CAPPLEMAN: Okay, and that's you there?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: Was this picture taken before or after the murder?
LUIS RIVERA: I can't remember.
MS. CAPPLEMAN: At the time of the murder, was Katie with the dentist? Was Katie with Garcia?
MS. CAPPLEMAN: Was she with both?
LUIS RIVERA: Both.
MS. CAPPLEMAN: Were you, at the time of this murder, living with Jessica Rodriguez?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: There's an address on the rental car contract, 1515 Northeast 135th Street, number 14. Do you recognize that address?
LUIS RIVERA: That's my apartment, yes, ma'am.
MS. CAPPLEMAN: All right, let's talk about the first trip, that occurred in June. How did you get here for that trip?
LUIS RIVERA: We rented a car.
MS. CAPPLEMAN: Who rented the car for the June trip? The first one.
MS. CAPPLEMAN: Yeah, if you remember.
LUIS RIVERA: I can't really remember, it's been so long.
MS. CAPPLEMAN: But one of you either you or Sigfredo?
LUIS RIVERA: Yeah, I think it was Fredo. I rented the Prius, so I never rented the car.
MS. CAPPLEMAN: Okay, so Garcia rented the car for the June trip, but it was a rental car that y'all brought up here?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay, and did you take the same route on both trips to get to Tallahassee?
LUIS RIVERA: I don't remember.
MS. CAPPLEMAN: Okay, and did he have the paper with the picture of Dan Markel on both trips?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: And what did you do on the first trip?
LUIS RIVERA: We drove out here, and we just followed him around to see where he lived and shit.
MS. CAPPLEMAN: Okay, were you planning to kill him on the first trip?
MS. CAPPLEMAN: Okay, did you have a gun on the first trip?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: Did you have a gun that you procured specifically to kill Dan Markel with?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And was that a gun that you bought off the street?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: You bought it?
LUIS RIVERA: I bought it.
MS. CAPPLEMAN: Okay. And were there any other guns in the vehicle for that first trip, if you know?
LUIS RIVERA: I think we had two.
MS. CAPPLEMAN: All right, and what was the other gun?
LUIS RIVERA: A .38.
MS. CAPPLEMAN: Whose gun was that?
LUIS RIVERA: Garcia.
MS. CAPPLEMAN: On that first trip in June of 2014, did you and Garcia go to Markel's residence?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: And did you lay eyes on him that first trip?
LUIS RIVERA: I believe I passed by his house and scoped him out.
MS. CAPPLEMAN: You said you followed him. Do you remember where you followed him on the first trip?
LUIS RIVERA: Yeah, I followed him to a daycare.
MS. CAPPLEMAN: How long were you here that first trip?
LUIS RIVERA: Maybe, I don't remember. A couple days.
MS. CAPPLEMAN: All right, just a couple of days. Why wasn't Dan Markel killed on that first trip, if you know?
LUIS RIVERA: If I remember, I wasn't gonna do nothing in front of no kids.
MS. CAPPLEMAN: But he had the kids with him?
LUIS RIVERA: Yeah, yes, he did.
MS. CAPPLEMAN: But for whatever reason it didn't happen on that trip.
LUIS RIVERA: A lot, we lost them. I believe we lost them.
MS. CAPPLEMAN: Okay, and when you didn't get it done on that trip, was anyone angry at you?
LUIS RIVERA: At me? Yeah I don't think so.
MS. CAPPLEMAN: All right, did you hear at some point that y'all were gonna have to come back if you wanted to get the money, and to finish the job?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: All right, so you did come back in July, is that right?
LUIS RIVERA: Came back.
MS. CAPPLEMAN: And that's when you came in the Prius?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: You rented the Prius, right?
LUIS RIVERA: Yes, ma'am, I did.
MS. CAPPLEMAN: Okay, and— That name, phone number that you wrote on the Prius rental agreement and wrote "brother" that was Garcia's phone number?
LUIS RIVERA: Yeah, I think.
MS. CAPPLEMAN: You took phones with you to Tallahassee for both trips, right?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: Did you turn your phone off for the actual murder?
LUIS RIVERA: Yeah, I did.
MS. CAPPLEMAN: What about Garcia? Do you know if he turned his phone off?
LUIS RIVERA: When the murder happened? Yes, sir.
MS. CAPPLEMAN: Okay. Did you stay in Tallahassee for a couple nights when you came here the second time?
LUIS RIVERA: Yeah, we stayed here for a night or two, I think.
MS. CAPPLEMAN: Okay. Did you all rent a hotel room?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: Do you know how many guns were with you on that second trip?
LUIS RIVERA: No, just one.
MS. CAPPLEMAN: You only remember one gun on that trip?
LUIS RIVERA: Yeah, I remember one.
MS. CAPPLEMAN: That's the murder weapon?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: The one you bought on the street?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: What type of gun was that?
LUIS RIVERA: A .38.
MS. CAPPLEMAN: That's a revolver?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Do you remember an incident where there was a shot fired into the floorboard of the Prius?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: Could you tell the jurors about that?
LUIS RIVERA: Well, we was driving and Garcia put the gun out and shot the gas line in the car.
MS. CAPPLEMAN: Through the floorboard of the car?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Passenger side or driver's side?
LUIS RIVERA: Passenger side.
MS. CAPPLEMAN: Okay. And that was the murder weapon that fired that shot?
MS. CAPPLEMAN: Okay. But he was messing around with some gun and fired it into the car?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: And were y'all driving in the car when that happened?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And did it disable the car?
LUIS RIVERA: Yes, the car started stopping.
LUIS RIVERA: Little by little, it just started slowing down.
MS. CAPPLEMAN: Okay, that's the Prius, right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: How did y'all get the car going again?
LUIS RIVERA: We seen somebody that he knew and stopped him and took him to the auto place to get a piece of hose to put it back together.
MS. CAPPLEMAN: And the guy that you saw that he knew, are you talking about a local drug dealer here that y'all had met on the first trip?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And that person assisted you in getting some way to fix the car?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Who was good with cars, you or Garcia?
LUIS RIVERA: Garcia.
MS. CAPPLEMAN: All right, so he was able to make a repair to the gas line?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Did you follow Dan Markel again during this second trip?
MS. CAPPLEMAN: Did you follow him to the daycare?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Did you actually see him drop his children off at school that morning?
LUIS RIVERA: Absolutely, yes. Yes.
MS. CAPPLEMAN: Did you follow him to the gym where he went inside and worked out?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Was there a reason the murder had to be done on the day that it was done?
LUIS RIVERA: I believe so. I believe he was about to leave.
MS. CAPPLEMAN: Who was about to leave?
LUIS RIVERA: Markel.
MS. CAPPLEMAN: About to leave town?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: How did you get that information?
LUIS RIVERA: I got it from Tuto.
MS. CAPPLEMAN: Where did he get the information?
LUIS RIVERA: From Katie.
MS. CAPPLEMAN: How did she know?
LUIS RIVERA: Wendi. Wendi.
MS. CAPPLEMAN: You think Wendi talked to Katie and told her Dan Markel's travel plans?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: Were you present for that phone call?
LUIS RIVERA: Okay.
MS. CAPPLEMAN: But somehow you learned that Dan Markel was leaving town the day after he was killed?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: So it had to be done that day or he'd be gone?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay. And that came through Garcia to you from Katie?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And when you say Wendi, did you know who Wendi was at the time that all this happened?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Okay, but you did know there was a lady that you were helping get some kids back.
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Were you the driver of the green Prius?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Have you had a chance to see the gym video and the bus video?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Is that — are you driving the Prius in those videos?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: What happened when you got to the driveway of Dan Markel?
LUIS RIVERA: Well, I pulled up right behind him and Garcia jumped out and shot him.
MS. CAPPLEMAN: How many times did Garcia shoot Mr. Markel?
LUIS RIVERA: Twice.
MS. CAPPLEMAN: Did he shoot him — where was the victim when he was shot?
LUIS RIVERA: He was inside his parking garage and he's driving and he's sitting down — the driver's side, on the phone.
MS. CAPPLEMAN: And did Garcia shoot him through the window, if you know?
LUIS RIVERA: Through the window.
MS. CAPPLEMAN: How long would you say you were in the driveway?
LUIS RIVERA: Just seconds.
MS. CAPPLEMAN: How was it decided which one of you would be the shooter?
LUIS RIVERA: Because I wasn't going to do it.
MS. CAPPLEMAN: You didn't want to be the shooter?
LUIS RIVERA: No.
MS. CAPPLEMAN: On the bus video, we see somebody in a white shirt kind of jumping around in the passenger seat. Is that Mr. Garcia?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Do you remember what was happening when he was doing all that jumping around?
LUIS RIVERA: I think he was trying to hide — I had a gun, if I'm not mistaken, he was trying to hide it.
MS. CAPPLEMAN: What did happen to the gun?
LUIS RIVERA: Got thrown away.
MS. CAPPLEMAN: Thrown away where?
LUIS RIVERA: In the ocean somewhere.
MS. CAPPLEMAN: All right, who threw it in the ocean somewhere?
LUIS RIVERA: He did.
MS. CAPPLEMAN: All right, was that on the way back to Miami?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: At some overpass somewhere between here and Miami?
LUIS RIVERA: Absolutely.
MS. CAPPLEMAN: Where did you go after the murder?
MS. CAPPLEMAN: Did you go home?
LUIS RIVERA: We had to stop somewhere to eat, then we went home.
MS. CAPPLEMAN: Did you stop at an ATM?
MS. CAPPLEMAN: State's Exhibits 38, 39, 40, 41, 42, and 43.
LUIS RIVERA: 38 and 43?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Are these images fair and accurate photos of you pulling through an ATM?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And the date, July 18, 2014?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Pembroke Pines — is that on the way home from Tallahassee?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: That's you at the ATM. Are you the driver?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And who's that in the passenger seat?
LUIS RIVERA: Garcia.
MS. CAPPLEMAN: Is that the vehicle you were driving the day the murder was done, sir?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Publishing 39. Is that you at the ATM machine?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: State's Exhibit 40. Is this Mr. Garcia? Is he your passenger?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: State's Exhibit 41.
MS. CAPPLEMAN: He's the passenger that was jumping around when we saw the car in Tallahassee on the bus video?
LUIS RIVERA: Absolutely.
MS. CAPPLEMAN: Do you remember when you turned your phone back on after the murder?
LUIS RIVERA: Not really.
MS. CAPPLEMAN: Do you remember who was the first phone call that either of you made after the murder?
LUIS RIVERA: Garcia.
MS. CAPPLEMAN: Who did Garcia call?
LUIS RIVERA: Katie.
MS. CAPPLEMAN: And were you able to hear Katie on the other end of the line when he was talking to her?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And were you interested in that phone call?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Because she was going to be the one to get you the money, right?
LUIS RIVERA: Absolutely.
MS. CAPPLEMAN: And was that phone call in reference to letting her know it's done and she's going to get the money?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: When did you get the money?
LUIS RIVERA: Saturday morning.
MS. CAPPLEMAN: Was that the next day?
LUIS RIVERA: The next day.
MS. CAPPLEMAN: Do you remember that on that Saturday morning you got a call from Catherine Magbanua?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: She was looking for you to give you the money, right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And was that unusual for her to call you?
LUIS RIVERA: Not really. She never calls my phone.
MS. CAPPLEMAN: She never calls your phone, but she couldn't get a hold of Garcia, right?
LUIS RIVERA: She couldn't get a hold of him, so she got in contact with me.
MS. CAPPLEMAN: Okay. And at that time, wasn't Garcia living with another woman?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: And that was the woman that goes by the nickname Shrimp?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay. And that's where you ended up rousting him out of, right?
LUIS RIVERA: Absolutely.
MS. CAPPLEMAN: To go get your money, right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay. So he wasn't living with Katie as a family at that time?
LUIS RIVERA: Nope.
MS. CAPPLEMAN: So when you say that Katie was with both of them, do you mean just that Katie was always kind of off and on with Garcia?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: So she has other boyfriends sometimes, he has other girlfriends, but they always find each other again?
LUIS RIVERA: Absolutely.
MS. CAPPLEMAN: All right. Tell us what happened when you got your money. How'd you get it, where'd you get it?
LUIS RIVERA: I was in the barbershop and they pulled up to my house — Katie and Garcia — and they called my phone. I think my baby mama called me. They came to my house. Katie and Garcia brought the money. I was in a barbershop and Katie and Garcia, I see, what they went to my house about the money.
MS. CAPPLEMAN: All right. And do you know where Katie got the money from? Were you there when Katie got the money?
LUIS RIVERA: No.
MS. CAPPLEMAN: But you knew that she was supposed to go get it?
LUIS RIVERA: Absolutely.
MS. CAPPLEMAN: And she did?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: How much did you get?
LUIS RIVERA: 35.
MS. CAPPLEMAN: Was there anything unusual about how your payment was packaged?
LUIS RIVERA: It was weird. It was all stapled. There's cash, money, cash.
MS. CAPPLEMAN: Okay. Stapled how?
MS. CAPPLEMAN: All hundreds?
LUIS RIVERA: All hundreds, $1,000 stapled.
MS. CAPPLEMAN: Stapled into bundles of $1,000 each?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Have you ever seen stapled money before?
LUIS RIVERA: No.
MS. CAPPLEMAN: Did you and Garcia buy anything with your cut of the money?
LUIS RIVERA: I bought a motorcycle.
MS. CAPPLEMAN: Moving to evidence 46 and 47, Your Honor.
MS. FULFORD: No objection to the facts.
JUDGE EVERETT: No objection. There are no...
MS. CAPPLEMAN: Publishing State's Exhibit 46. This yellow motorcycle — whose is that?
LUIS RIVERA: Garcia.
MS. CAPPLEMAN: Is that something he bought with the money that was the proceeds of this murder?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay. And what about this vehicle back here?
LUIS RIVERA: Yeah, he bought that one too.
MS. CAPPLEMAN: He also bought that with his cut of the money?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: And State's Exhibit 47 — what about this motorcycle right here?
LUIS RIVERA: That's mine.
MS. CAPPLEMAN: Is that what you bought or part of what you bought with your money?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: After the murder, did you guys make those purchases days, weeks, months?
LUIS RIVERA: Probably like a month.
MS. CAPPLEMAN: Probably like a month. Did you make any changes to your cell phone after the murder? Did you dump your cell phone?
LUIS RIVERA: I don't remember.
MS. CAPPLEMAN: Did you meet with Investigator Newlin from my office to see if you could recognize some voices on some recorded telephone calls?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And did Mr. Newlin play some calls for you and have you initial on a sheet if you could identify the voice?
LUIS RIVERA: Absolutely. On that call.
MS. CAPPLEMAN: Yes, ma'am? State's Exhibit 136.
MS. CAPPLEMAN: Do you recognize this exhibit?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And are these your initials here?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And does that mean you're verifying that the highlighted name, you know that person, and that is their voice on the particular call that that represents?
LUIS RIVERA: Absolutely. Yes.
MS. CAPPLEMAN: Where the dentist lived?
LUIS RIVERA: Nope.
MS. CAPPLEMAN: Did you know that the dentist had a safe full of money?
LUIS RIVERA: Nope.
MS. CAPPLEMAN: Did you know that the dentist was going to be paying for at least part of this murder?
LUIS RIVERA: No.
MS. CAPPLEMAN: And if you had known that the dentist had a safe full of money, would you have driven all the way to Tallahassee to do the murder to then get the money?
LUIS RIVERA: No.
MS. CAPPLEMAN: What would have been a better idea? What would you have preferred to do to get the money?
LUIS RIVERA: I wouldn't rob them myself.
MS. CAPPLEMAN: Did you suggest to Garcia on the way up to Tallahassee that y'all could just go to whoever had the money and rob them instead of doing this murder?
LUIS RIVERA: I mentioned something like that, yes.
MS. CAPPLEMAN: And but Garcia said that wouldn't work, right?
LUIS RIVERA: No, nothing.
MS. CAPPLEMAN: Nothing further.
JUDGE EVERETT: Cross examination.
MS. FULFORD: Good afternoon, Mr. Garcia. You...
LUIS RIVERA: Excuse me?
MS. FULFORD: I said good afternoon.
LUIS RIVERA: Good afternoon.
MS. FULFORD: I just want to make sure I understood your testimony.
MS. FULFORD: It was your testimony that the first trip you came up on, you scoped out Mr. Markel's house, correct?
LUIS RIVERA: Yes, ma'am.
MS. FULFORD: And that he was going to be taking his kids to school, so when he came out with the kids you're trying to follow him to the school, correct?
LUIS RIVERA: Yes, ma'am.
MS. FULFORD: And you got lost — he lost you?
LUIS RIVERA: Yes, ma'am.
MS. FULFORD: Okay. And the second time that you came up, you knew he was going to be taking the children to school, and so you followed him to the school, correct? Daycare?
LUIS RIVERA: Yes. Yes.
MS. FULFORD: And then you knew he was going to be going to the gym, right?
LUIS RIVERA: I didn't know he was going to the gym. I just followed him.
MS. FULFORD: You followed him to the gym?
LUIS RIVERA: No.
MS. FULFORD: Okay. And then you followed him to his house?
LUIS RIVERA: Yes, ma'am.
MS. FULFORD: And that's where he was killed?
LUIS RIVERA: Yes, ma'am.
MS. FULFORD: And the woman who wanted him to be killed was passed to you and Sigfredo and Katie. The woman who wanted him killed was Wendi Adelson, correct?
LUIS RIVERA: Yes, ma'am.
MS. FULFORD: It was she wanting her children, correct?
LUIS RIVERA: Absolutely.
MS. FULFORD: I'm so sorry. I'm sorry, I apologize, Mr. Rivera. I'm going to show you what's been marked as Defendant's Exhibit 50. Could you take a look at that and tell me if you recognize that?
LUIS RIVERA: Yeah.
MS. FULFORD: And what is that?
LUIS RIVERA: Like a profile of everybody's face.
MS. FULFORD: Okay. And did you make some marks on this for me and then sign it on March the 11th of 2025?
LUIS RIVERA: Yes, I did.
MS. FULFORD: Mr. Rivera, when we met with you that day taking your deposition, I presented that to you. You gave us information about what had happened pretty similar to what you talked about here today, correct?
LUIS RIVERA: Yes. Yes, ma'am.
MS. FULFORD: And when we were done talking about those things and some information about Sigfredo and Katie, I presented you with what's in front of you as Defendant's Exhibit 50, correct?
LUIS RIVERA: Yes, ma'am.
MS. FULFORD: And I asked if you would put the number one and circle it next to the person you know as Katie, who you said was in charge of this whole deal, correct?
LUIS RIVERA: Yep.
MS. FULFORD: And did you do that?
LUIS RIVERA: Yep.
MS. FULFORD: All right. And then I said, would you put a number two next to the person you say did this killing?
LUIS RIVERA: Yes.
MS. FULFORD: And you did that, correct?
LUIS RIVERA: Yes, I did.
MS. FULFORD: And that was Sigfredo Garcia.
LUIS RIVERA: Yes, ma'am.
MS. FULFORD: The first one was Katie Magbanua, correct?
LUIS RIVERA: Yes, ma'am.
MS. FULFORD: And then I said, would you put a number three next to yourself on the paper? And did you do that?
LUIS RIVERA: Yes, ma'am.
MS. FULFORD: And you're the one who got the gun that was used to kill Danny Markel, and you drove the car that day. You didn't shoot him, right?
LUIS RIVERA: Yes, ma'am. Okay. Okay.
MS. FULFORD: And then I said, if you would, please put the number four next to the man who was killed, and you did that with Danny Markel, correct?
LUIS RIVERA: Yes, ma'am.
MS. FULFORD: And then I said, if you would, put the number five next to the lady that wanted the man killed. And did you do that?
LUIS RIVERA: Yes, I did.
MS. FULFORD: And was that with Wendi Adelson?
LUIS RIVERA: Yes, I did.
MS. FULFORD: And then I asked you if the two people on the top of the page who have their pictures there and the names Donald — I mean, Donna Adelson and Harvey Adelson — you see those on the top?
LUIS RIVERA: Yes, ma'am.
MS. FULFORD: I asked you, as far as you know, were they involved in any of this? And you said no, correct?
LUIS RIVERA: Yes, ma'am.
MS. FULFORD: So I asked you to put Xs next to the people who on that page were not involved in this.
LUIS RIVERA: Yes, ma'am.
MS. FULFORD: And you did that.
LUIS RIVERA: Yes, I did.
MS. FULFORD: Thank you.
MS. FULFORD: Just one moment, Your Honor.
MS. FULFORD: I don't have anything further.
JUDGE EVERETT: Redirect examination?
MS. CAPPLEMAN: No, Your Honor.
JUDGE EVERETT: Is Mr. Rivera released, or will he be recalled?
MS. CAPPLEMAN: He should remain under the rule, Your Honor.
JUDGE EVERETT: Very well. Mr. Rivera, please do not discuss your testimony with anyone else. The bailiff will take you at this time.
JUDGE EVERETT: Parties can approach.
JUDGE EVERETT: Members of the jury, at this time we are going to go into recess for the day. The same instruction that you have received since the start of jury selection: not to discuss the case with anyone else or to look at any information about the case. Once again, I'm going to remind you of this. Please report on Monday morning at 8:45. We will anticipate getting started by 9 o'clock. Enjoy your weekend. We will see you Monday. Yes — Actually, please report at 9:15, and by the time everyone has reported we'll expect to get going with the trial by 9:30. Have a good weekend once again. Do not discuss the case. Do not read or seek out any information about the case. Have a good night.
JUDGE EVERETT: Ms. Cappleman, the witness is here this afternoon to start that, or you need to do that on Monday morning?
MS. CAPPLEMAN: I can start that this afternoon, Judge. We're just not prepared to go through the whole thing yet. We've been working on it since the issue arose, and I was told we're about halfway through about 10 minutes ago.
JUDGE EVERETT: If we can start at 8:30, have the witness, and go through it smoothly, we'll give everyone an opportunity to get some rest for the weekend. Do you all prefer to do it that way?
MS. FULFORD: Thank you, Judge.
MR. ZELMAN: Yes, Your Honor. Thank you.
MS. CAPPLEMAN: Judge, I did fail to introduce one of the ATM still images. Would it be acceptable to move to admit this at this time?
JUDGE EVERETT: If relying on the same foundation provided by Mr. Rivera.
JUDGE EVERETT: Unless there's an objection, State's 37 is admitted.
MR. ZELMAN: No, Your Honor.
JUDGE EVERETT: Briefly, before we leave today, just to go through what has been admitted and what has not — it cannot hurt. I have on my chart State Exhibits: 1 through 34 admitted; 37 through 47 admitted; 55 admitted; 67 and 68 admitted; 64 admitted with the exception of AA; 88, 89, and 90 admitted; 119 through 128 — 119, 120, 121, 122, 123, 124, 126, 127, 128 — and 136.
JUDGE EVERETT: On my list I have 119, 120, 122, 123, 124. I believe there was testimony from Ms. Maltese about the eyeglass frame and the car, but I'm not sure if 121 was admitted.
MS. FULFORD: What happened, Judge, is Ms. Cappleman said that's what she was requesting.
MS. FULFORD: But then when she said, "I'd like to admit State's exhibit," it was 122 and 123.
MS. CAPPLEMAN: So I will move 121 into evidence at this time.
JUDGE EVERETT: Is there an objection?
MS. FULFORD: No objection.
MS. CAPPLEMAN: After 128, Your Honor, you showed after 128, 136, and that's it.
MS. CAPPLEMAN: Yes, that matches my list. Now, we have a demonstrative A and a demonstrative D, which have been used. To advise — the court no longer accepts demonstratives. Would you like to make those items court exhibits for appellate purposes?
JUDGE EVERETT: Yes. And the foundation for 60 is ongoing at this point, also as to 64AA.
JUDGE EVERETT: All right. 8:30 on Monday morning. We will go through any predicate or foundations that need to be addressed prior to the next witness.
JUDGE EVERETT: Have a good weekend, everyone.