Katherine Magbanua — Direct/Cross
739 linesJUDGE EVERETT: Do you swear and affirm the testimony you will give today will be true?
KATHERINE MAGBANUA: Yes, Your Honor.
JUDGE EVERETT: You may take your seat. Please speak loudly and clearly for the jurors, please.
MS. CAPPLEMAN: Please say your name and spell your name.
KATHERINE MAGBANUA: Katherine Magbanua. K-A-T-H-E-R-I-N-E. M-A-G-B-A-N-U-A.
MS. CAPPLEMAN: Ms. Magbanua, are you in custody?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Are you serving a sentence?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: For what?
KATHERINE MAGBANUA: Life.
MS. CAPPLEMAN: Life for what crime?
KATHERINE MAGBANUA: For the murder of Dan Markel.
MS. CAPPLEMAN: And did you have a trial before you received that sentence?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Okay. And in that trial, did you testify in your own defense?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Okay. And in that testimony, did you testify that essentially we had it right about everyone else, but you were in the dark — you weren't involved in any way?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Okay. And was that true?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: All right. And you didn't have to testify in your own defense — you could have chosen to remain silent, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Okay. And you testified also in the trial in which Garcia was convicted, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And same thing there — you testified, you did not tell the truth?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Okay. And why — why then come now with a different story?
KATHERINE MAGBANUA: I think that the truth needed to come out and the people responsible needed to get arrested.
MS. CAPPLEMAN: Okay. Are you hoping to get something out of this?
KATHERINE MAGBANUA: I would eventually like to see my children again one day.
MS. CAPPLEMAN: And are you hoping that something can be done for you, even after being sentenced?
KATHERINE MAGBANUA: Yes, ma'am, I'm hoping so.
MS. CAPPLEMAN: Have you been promised anything in exchange for your testimony?
KATHERINE MAGBANUA: No, ma'am, I have not.
MS. CAPPLEMAN: Okay. By me or by anyone?
KATHERINE MAGBANUA: No, ma'am, nobody.
MS. CAPPLEMAN: Okay. Has anybody told you what you need to say here today?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: Has anybody told you, "Well, you need to implicate a certain person"?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: Weren't you originally offered immunity in this case to come forward with the truth?
KATHERINE MAGBANUA: Yes, ma'am, I was.
MS. CAPPLEMAN: Why did you not take that opportunity?
KATHERINE MAGBANUA: Well, in the first trial, I was tried with Sigfredo Garcia, and he was — he was facing the death penalty, and I just couldn't do it.
MS. CAPPLEMAN: Okay. Because the truth would implicate your child's father?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Okay. What about the second time?
KATHERINE MAGBANUA: I've been living a lie this whole time, and it was just so hard to come out with the truth that I kept — kept fighting.
MS. CAPPLEMAN: Did anybody threaten you or harm you to prevent you from coming forward with the truth?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: Were you ever promised anything by anyone — you know, "If you'll just remain silent, you'll, you know, we'll pay for your kids' education" or anything like that?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: Were you involved in the death of Dan Markel?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Did we have it right? Were you the middleman between the shooter and Charlie Adelson?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Who solicited you to become involved in this?
KATHERINE MAGBANUA: Charlie.
MS. CAPPLEMAN: Who was he to you at that time?
KATHERINE MAGBANUA: We were dating at that time.
MS. CAPPLEMAN: When did you start dating Charlie Adelson?
KATHERINE MAGBANUA: We started dating around 2013, when I was working for Sophie Dental.
MS. CAPPLEMAN: Okay. Do you know what month? And when did you stop dating him?
KATHERINE MAGBANUA: Probably towards the beginning of 2015.
MS. CAPPLEMAN: Was there a period of time where it kind of wasn't clear whether you were still with Charlie or dating Garcia?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: All right. And Garcia is your child's father, right?
KATHERINE MAGBANUA: Yes.
MS. CAPPLEMAN: And what's your history with him? How long were you together?
KATHERINE MAGBANUA: I've been with Sigfredo Garcia since I was about 18 years old.
MS. CAPPLEMAN: All right. So a lot of history there?
KATHERINE MAGBANUA: Yes.
MS. CAPPLEMAN: Fair to say that you're on-again, off-again quite a few times throughout your history together?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And during one of those off times, is that when you started seeing Charlie Adelson?
KATHERINE MAGBANUA: Yes.
MS. CAPPLEMAN: All right. And then toward the end of Charlie Adelson, there was a little bit of overlap with the two men?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And that sort of is in the middle of the time frame that we're talking about here today, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: When did Charlie Adelson first bring this idea up to you, that — "I'm looking for someone to harm my brother-in-law"?
KATHERINE MAGBANUA: This was around October. What stuck out in my head was on Halloween, on October 31st. And...
MS. CAPPLEMAN: What year was that?
KATHERINE MAGBANUA: That was 2013.
MS. CAPPLEMAN: Okay. And so on Halloween, what is your memory of what — what y'all were doing that night that you're able to remember, that happened that night?
KATHERINE MAGBANUA: Well, we were out in Lincoln Road, um, it was like a kind of like a block — a block party in Lincoln Road. And then when I — when we were getting ready to get into our cars, he jumped into my car, and he basically suggested that — do I know anybody that can harm someone?
MS. CAPPLEMAN: Okay. And that — were those the words you used? "Harm"?
KATHERINE MAGBANUA: Yes.
MS. CAPPLEMAN: And did you know somebody that could harm someone?
KATHERINE MAGBANUA: Yes, ma'am, at that time. I mean, Sigfredo was the first person that kind of popped in my head.
MS. CAPPLEMAN: Okay. I want to approach and show you an exhibit, State's 36. Do...
MS. CAPPLEMAN: Do you recognize this photograph?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Is it a fair and accurate photograph of you and Charlie Adelson when you all were dating?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Moving to evidence, State's 36, Your Honor.
JUDGE EVERETT: Any objections?
MS. FULFORD: No.
JUDGE EVERETT: Good. State's 36 is in the middle. I follow that. Good night.
MS. CAPPLEMAN: Where was this photograph taken?
KATHERINE MAGBANUA: That was down at the Keys.
MS. CAPPLEMAN: When was it taken?
KATHERINE MAGBANUA: I believe that was his birthday.
MS. CAPPLEMAN: Charlie's birthday?
KATHERINE MAGBANUA: Charlie's birthday.
MS. CAPPLEMAN: In 2013?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: When was his birthday?
KATHERINE MAGBANUA: October 27th, I believe.
MS. CAPPLEMAN: And y'all drove down to the Keys.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: So that would have been just a few days before he approached this subject of harming someone to you on Lincoln Road.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Were you aware of him sending this photograph to his sister that night?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: That day. Why would he think that you knew somebody that could harm someone? Why would Charlie think—
KATHERINE MAGBANUA: Yeah, um, I don't know. I guess I have spoken about Sigfredo, just kind of the situations that we were having.
MS. CAPPLEMAN: And so he knew a little bit about your ex's criminal history?
KATHERINE MAGBANUA: I might have mentioned something along the way, yes.
MS. CAPPLEMAN: What did Sigfredo Garcia know about Charlie Adelson?
KATHERINE MAGBANUA: At that time, I don't think he really knew of him yet.
MS. CAPPLEMAN: At some time, did he become aware that you had started dating someone else?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: All right. And there's one phone call in the phone records that we're going to hear more about with the next witness. It's from Sigfredo Garcia to Harvey Adelson on July 1st, 2014. Do you know anything about that phone call?
KATHERINE MAGBANUA: Yes, ma'am. Um, there was a bit of an altercation between Charlie and Sigfredo, I believe, prior to that — like a couple hours before that — where he saw us leaving and then he kind of blocked off where I was, like, reciting. We were already in the car, me and Charlie were, and he stopped and started screaming some stuff, but we didn't know what he was talking about.
MS. CAPPLEMAN: Okay, so when you first started dating Charlie back sometime shortly before, around Halloween of 2013, or October of 2013, right — Garcia didn't know about it.
KATHERINE MAGBANUA: I — he didn't know, but at some point he learned and was jealous and there was a confrontation, yes.
MS. CAPPLEMAN: Okay, so how does that confrontation explain a phone call to Harvey Adelson?
KATHERINE MAGBANUA: I think he was trying to contact Charlie, and maybe he somewhat probably Googled, tried to find — and that's the number that he had gotten, which was —
MS. CAPPLEMAN: Okay, maybe he was looking for Dr. Adelson or something like that.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Okay, but to your knowledge there's no connection between Garcia and any member of the Adelson family other than you?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: Who is Luis Rivera?
KATHERINE MAGBANUA: Sigfredo Garcia's friend.
MS. CAPPLEMAN: And how long have you known him?
KATHERINE MAGBANUA: For a number of years. Over a decade, probably.
MS. CAPPLEMAN: Okay. Why did you agree when Charlie asked you to enlist somebody to harm someone? Why did you agree to do that?
KATHERINE MAGBANUA: Oh, at that time, Charlie knew that I was going through financial situations, so I guess he thought, hey, you can make some money.
MS. CAPPLEMAN: You needed the money?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And Garcia and Rivera, they were also motivated by money, right?
KATHERINE MAGBANUA: Of course.
MS. CAPPLEMAN: Did Charlie Adelson tell you why he wanted to harm Dan Markel?
KATHERINE MAGBANUA: At that time, no, ma'am.
MS. CAPPLEMAN: What did you learn about Dan Markel over the course of your relationship with Charlie Adelson?
KATHERINE MAGBANUA: Well, through the course, he was just mentioning that his parents were going through it, that his sister was going through it. I mean, he basically painted a bad picture of Mr. Markel, and since he knew that I was going through stuff with Sigfredo, it was kind of like I was sympathizing with his sister because I know how it feels to go through.
MS. CAPPLEMAN: Okay, so you knew that his sister was having a terrible time with her ex.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And you had things going on with Garcia that felt relatable.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Okay, and what does it mean that his parents are going through it?
KATHERINE MAGBANUA: He just said that they couldn't sleep, that at some point I think somebody was throwing up. I don't know if it was his mom or his dad, and that it was just becoming a big problem to them.
MS. CAPPLEMAN: Okay, and the big problem was Dan Markel.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Did you ever meet Donna Adelson?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: When did you meet her?
KATHERINE MAGBANUA: From my recollection, it was from the dental office.
MS. CAPPLEMAN: And why did you go to the dental office?
KATHERINE MAGBANUA: I needed some cavities and teeth whitening done.
MS. CAPPLEMAN: Is that the only time you ever met Donna Adelson?
KATHERINE MAGBANUA: From my recollection, yes, ma'am.
MS. CAPPLEMAN: All right. And did she know you were dating her son when she met you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Okay. Were things cordial between you at that meeting?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Did you discuss anything beyond greetings and pleasantries?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: After the initial approach of you at Lincoln Road on Halloween, was there any more discussion with Charlie Adelson about this potential job?
KATHERINE MAGBANUA: Throughout, you know, the couple weeks whenever I had a chance to hang out with him, he would mention here and there.
MS. CAPPLEMAN: How often were you seeing each other during this time frame?
KATHERINE MAGBANUA: Probably — I mean, I had children, so I always — if I could get out and I can find a babysitter, I'd go over to his house or we'd have dinner and hang out.
MS. CAPPLEMAN: Okay. Would that be like once a week, three times a week, once a month?
KATHERINE MAGBANUA: About two times a week.
MS. CAPPLEMAN: Two times a week. And would you stay over or would you just go for dinner?
KATHERINE MAGBANUA: Sometimes I would stay over, yes, ma'am.
MS. CAPPLEMAN: And you're saying when you would go over there and hang out with him, sometimes there would be further conversation about this potential job where you're going to be paid to hire someone or enlist someone to harm Dan Markel.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Okay, and did you learn any more details about what needed to be done?
KATHERINE MAGBANUA: No, ma'am. You never gave me any details.
MS. CAPPLEMAN: And so he would just continue to say the same things?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: She— go ahead.
KATHERINE MAGBANUA: He would just tell me that they were going through hard times.
MS. CAPPLEMAN: Okay, so the conversations typically were "my family is really suffering under this situation."
MS. CAPPLEMAN: In these conversations, are you asked, like, "Have you secured anyone?" or are you asked further questions about who's going to be doing it?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: Did you tell him, like, "Yes, I can do it"?
KATHERINE MAGBANUA: Yes, I just agreed to it.
MS. CAPPLEMAN: Okay.
KATHERINE MAGBANUA: That I had somebody.
MS. CAPPLEMAN: All right. And during these conversations with Charlie Adelson, was there ever a time when he's in the middle of these conversations with you about what's going to happen, speaking to his mother from time—
KATHERINE MAGBANUA: Sometimes he would get on the phone, he'd kind of look at me weird, and then just step out of the room and discuss whatever he needed.
JUDGE EVERETT: In this — guys, talking about what took place, not the substance of the conversation. So you may continue.
MS. CAPPLEMAN: All right, so he would step out, have a conversation with his mother, and then come back.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Okay. And then you would resume the conversation about —
KATHERINE MAGBANUA: Yeah, you are. Just kind of go off again, saying that this needed to be taken care of and what his family was going through.
MS. CAPPLEMAN: All right. How many times did this particular situation happen, where you were discussing what would eventually become the murder and his mother was interjected in that way that you just described? How many times did—
KATHERINE MAGBANUA: I think he stepped out and spoke to her a number of times.
MS. CAPPLEMAN: More than twice?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: More than five times?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: So this is like a regular part of the way this worked? Whenever this conversation came up, yes, we consult his mother and come back and speak to you? Did he ever relay to you, you know, "My mom says" whatever?
KATHERINE MAGBANUA: He didn't. He never specifically said what he spoke to his mom about.
MS. CAPPLEMAN: Okay, but you did — did you understand that getting the job done would relieve the stress on Charlie Adelson and his family? Yes.
MS. CAPPLEMAN: Did you understand that getting the job done would relieve the stress on Charlie Adelson and his family?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: At some point did you learn this isn't going to be just harming, like, I don't know, maybe punch him in the face or something — it's going to be a murder?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: All right. And do you know specifically when you learned that?
KATHERINE MAGBANUA: There was an envelope that Charlie had given me one day that I went over to his house, and he told me not to open it and that he had worn gloves to close it. And that was basically it, and that I was to pass it on — the understanding — to pass it on to whoever I knew could take care of it.
MS. CAPPLEMAN: Okay. And when it's "pass it on to whoever you knew," the name Sigfredo Garcia is used or is not used?
KATHERINE MAGBANUA: No, it was never used.
MS. CAPPLEMAN: Okay. And is that — when we're talking about this conspiracy in general terms, are you in general trying to insulate the co-conspirator on this side of you from the one over here?
KATHERINE MAGBANUA: Yes, ma'am. I was basically in the middle.
MS. CAPPLEMAN: So you don't talk about Charlie to Sigfredo, and you don't talk about Sigfredo to Charlie?
KATHERINE MAGBANUA: No, ma'am. But they both knew that it was — to them, yes.
MS. CAPPLEMAN: Okay.
MS. CAPPLEMAN: He said he wore gloves when he put the — whatever he put in the envelope.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: All right. And so he told you don't open it, don't touch what's in there.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And what kind of envelope was it?
KATHERINE MAGBANUA: It was a Manila envelope.
MS. CAPPLEMAN: Was there any writing on the envelope or anything on the outside?
KATHERINE MAGBANUA: No, ma'am, it was blank.
MS. CAPPLEMAN: So the envelope goes into your diaper bag, yes?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And do you take it and Sigfredo gets it from you?
KATHERINE MAGBANUA: Yes. Well, eventually, when I came home — because I usually have that diaper bag, it's like my little weekend bag — and when I came home, I contacted Sigfredo and I was like, "Hey, I have a package for you, just come by whenever you can."
MS. CAPPLEMAN: Did you open it and see what was inside?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: Okay, did Charlie Adelson say anything to you about where he printed the documents that were contained inside?
KATHERINE MAGBANUA: He did mention that he — he's like, "Oh, I didn't print this in my, you know" — the office that he had in his home. Probably printed in one of the offices that he worked at because he would frequent a bunch of different offices, right?
MS. CAPPLEMAN: All right. So you gave this package to Garcia, and did he open it in your presence?
KATHERINE MAGBANUA: No, ma'am. He literally took it and left out the door.
MS. CAPPLEMAN: All right. And had you talked to him beforehand about, "Hey, I'm going to give you some instructions about a job"?
KATHERINE MAGBANUA: No, there was no conversation about it. Basically just, "I have that package."
MS. CAPPLEMAN: And then how did he know what the package was? How'd you talk to him at all about, "Hey, I got a job"?
KATHERINE MAGBANUA: Oh, yes, yes, ma'am. Like I told him that, you know, that I have a potential person that needed to, you know, get harmed or beat up, from my understanding at that time.
MS. CAPPLEMAN: Mm-hmm.
KATHERINE MAGBANUA: And then he was like, "Okay, okay."
MS. CAPPLEMAN: All right.
MS. CAPPLEMAN: All right. So I want to ask you about the June trip. In June, did you provide Garcia with any money for expenses associated with that June trip?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Where did you get the money from to give to Garcia?
KATHERINE MAGBANUA: From Charlie.
MS. CAPPLEMAN: How much money was it?
KATHERINE MAGBANUA: From my recollection, it was a couple hundred dollars. Less than five maybe.
MS. CAPPLEMAN: This was just like gas and whatever was needed to get to Tallahassee and back?
KATHERINE MAGBANUA: Yes, ma'am. I just didn't know where he was going. I didn't know.
MS. CAPPLEMAN: Okay, but you knew it was for this job that we're talking about?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Okay. And at that point, you knew it was a murder because the envelope had been passed, right?
KATHERINE MAGBANUA: Yes, the envelope was passed towards, kind of like, in the beginning of the year, so we're already in June at that time.
MS. CAPPLEMAN: All right. And when you went to Charlie to get the money for the expenses, what did you say?
KATHERINE MAGBANUA: Um, I needed some money for, you know, for the job that he had told me about, and that they needed to either scope it out or, you know, just funds to get out of town.
MS. CAPPLEMAN: Okay. So your understanding was the first mission to Tallahassee — or you didn't know it was to Tallahassee — but the first trip that needed funds was going to be like a scoping trip, not to actually accomplish the murder?
KATHERINE MAGBANUA: To my understanding, yes, ma'am.
MS. CAPPLEMAN: All right. Did you give that money to Garcia?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And after the June trip happened, how did Charlie Adelson react to, I guess, just things not progressing along very quickly with this job?
KATHERINE MAGBANUA: Well, since, I guess, nothing happened and something was to happen, he was like, "Well, what's going on?" And I'm like, "I don't know." So Sigfredo didn't tell me anything. He's just MIA again because he just kind of goes in and out of my life, so sometimes he'd be hard to reach.
MS. CAPPLEMAN: Yes, ma'am. And were you worried that, like, maybe he'd taken this few hundred dollars and now he's off the grid and I can't really give any information to Charlie about what's happening?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Were you getting any pressure put on you to get the job done?
KATHERINE MAGBANUA: Yes, ma'am, from Charlie.
MS. CAPPLEMAN: And did that increase over time, like between — I specifically want to know about between the June trip and the ultimate murder trip?
KATHERINE MAGBANUA: Yes, ma'am. He was a little bit more adamant and persistent: "Well, Katie, why isn't anything been happening? What's going on?"
MS. CAPPLEMAN: And were you then in turn putting some pressure on Garcia to get it done, make it happen?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Did you relay the message to the killers that the victim was going to be going out of town the day after he ultimately was killed?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: Did you know that? You didn't know anything about Dan Markel's travel schedule?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: Do you know whether his travel schedule was contained in the documents inside that manila envelope?
KATHERINE MAGBANUA: I would think a lot of information was there because for some reason Sigfredo knew information and Charlie knew information, and that's why the whole confusion was on me.
MS. CAPPLEMAN: Okay, but you don't know what was in there. You didn't look at it, and you didn't relay that message about the travel?
KATHERINE MAGBANUA: No, ma'am. I had no knowledge of it.
MS. CAPPLEMAN: I want to show you a text that was sent between the June trip and the murder trip. It's— 86C to — "...put you on the payroll basically — you need to be able to show that you're working." Do you remember sending that text message to Charlie?
KATHERINE MAGBANUA: Yes.
MS. CAPPLEMAN: Lisa, if you can show me. I will. Was there a reason that you wanted to be, at least part of your payment for this, to be through the payroll at Adelson Institute?
KATHERINE MAGBANUA: Well, I was going through insurance purposes for my son, so I needed to be put on payroll so that I can show that I was making a certain amount of money.
MS. CAPPLEMAN: Okay, but it couldn't be too much money, right?
MS. CAPPLEMAN: And so were you actually doing any work for your payment at Adelson Institute?
KATHERINE MAGBANUA: No, ma'am, I was not.
MS. CAPPLEMAN: This— Judge, this is going to be in 81 and I can't read the slide number.
MS. CAPPLEMAN: This is in evidence so you can see it when I publish it.
MS. CAPPLEMAN: Take a moment to review that. All right.
MS. CAPPLEMAN: So here you're asking him, "I need help on the employment."
KATHERINE MAGBANUA: Yes.
MS. CAPPLEMAN: And are you referring to getting on the payroll at Adelson Institute?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Is that something you all had talked about before you sent this text, or is this the first he's hearing—
KATHERINE MAGBANUA: I don't know if I spoke to him prior to being on the payroll.
MS. CAPPLEMAN: Okay. How does he know what you're talking about when you say, "I'm going to need help on the employment"?
KATHERINE MAGBANUA: I guess you just figured, you know, since he has an office, that he'd be able to help me.
MS. CAPPLEMAN: Okay, and he says, "No problem," right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Does he actually put you on the payroll at this time? This is June.
KATHERINE MAGBANUA: At that time, I'm not 100% if I was already on payroll. Not yet, I don't think so.
MS. CAPPLEMAN: The evidence indicates that you didn't receive your first paycheck until approximately two months after the murder was completed.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: All right. And so did you feel like you could ask for this before the job was done because you knew you were getting the job done?
KATHERINE MAGBANUA: I believe so, yes, ma'am.
MS. CAPPLEMAN: Okay. Were the payments that you received from the Adelson Institute part of your compensation for your arranging of this murder?
KATHERINE MAGBANUA: I would think so, yes, ma'am.
MS. CAPPLEMAN: What do you mean, "you would think so"? It's a yes or no question.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: All right. He wasn't going to put you on the payroll for no reason, was he?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Okay. And most — all the checks you had broken up before you received the first check, right?
KATHERINE MAGBANUA: That — I already — like, I wasn't talking to Charlie as much anymore.
MS. CAPPLEMAN: Yes. Yes. September, after the murder.
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Had you ever met Wendi Adelson?
KATHERINE MAGBANUA: Yes, ma'am, I have.
MS. CAPPLEMAN: When did you meet her?
KATHERINE MAGBANUA: I had dinner with her one time at Yardbird and another time at the beach.
MS. CAPPLEMAN: Yardbird — is that a restaurant?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Is that the occasion where Wendi was with her boyfriend Jeff Lacasse?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Was that the first time you ever met Wendi?
KATHERINE MAGBANUA: I believe so, yes, ma'am.
MS. CAPPLEMAN: And then did you meet her again?
KATHERINE MAGBANUA: Yes, I met her at the beach around — I think Father's Day.
MS. CAPPLEMAN: Photo that we've seen — states it's Exhibit 35. Publishing.
MS. CAPPLEMAN: Is that the second time you met Wendi Adelson?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Did you ever discuss the murder with Wendi Adelson?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: Did you ever discuss Dan Markel's schedule with her?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: So the only person you talked about it with at all was Charlie and Garcia?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: All right. For the July trip, once the murder was done, did you receive a phone call from Sigfredo Garcia?
KATHERINE MAGBANUA: Yes, ma'am, I did.
MS. CAPPLEMAN: And were the two men looking to get their money for the murder?
KATHERINE MAGBANUA: I don't know what my conversation was with Sigfredo, but I did speak to him on the phone.
MS. CAPPLEMAN: But you understood that you needed to get the money, right, and pay him?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: That was part of your job?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Part of your role in this whole thing?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Okay. And did you go to Charlie Adelson's house to get the money on the night of the shooting?
KATHERINE MAGBANUA: Yes, ma'am. He had contacted me and told me that there was an accident, and if he can have dinner with me that night.
MS. CAPPLEMAN: Okay. And the accident was a reference to the shooting of Dan Markel?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Okay. Which was not an accident, right? Right?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: When you get there, how is Charlie acting?
KATHERINE MAGBANUA: He was pretty frantic, just pacing back and forth, and he had a gun in his hand.
MS. CAPPLEMAN: Okay. Was that unusual behavior for him?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Did he say anything about his parents when you arrived at his house that night?
KATHERINE MAGBANUA: He told me that his parents just left.
MS. CAPPLEMAN: Did you end up staying the night there?
KATHERINE MAGBANUA: Yes, ma'am, I did.
MS. CAPPLEMAN: Were you planning on spending the night there?
KATHERINE MAGBANUA: No, ma'am, I was not.
MS. CAPPLEMAN: Originally, was your plan to get the money and take it to the two men that killed Mr. Markel?
KATHERINE MAGBANUA: Yes, ma'am, it was.
MS. CAPPLEMAN: What happened the next morning?
KATHERINE MAGBANUA: Well, since that night he was, like, pacing back and forth, and he had given me a Xanax — that's why I fell asleep.
MS. CAPPLEMAN: Did he take Xanax as well?
KATHERINE MAGBANUA: Yes, ma'am, he took one as well.
MS. CAPPLEMAN: Okay. And the next morning, did something happen with the money?
KATHERINE MAGBANUA: Yes, ma'am. So I woke up. I was like, "I got to get out of here." And he told me that the money is in the trunk of my car.
MS. CAPPLEMAN: All right. And was the money in the trunk of your car?
KATHERINE MAGBANUA: I actually did not check it. I just got my keys and left.
MS. CAPPLEMAN: So you believed him that it was there?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And when you got to where you were going, where did you go to deliver the money?
KATHERINE MAGBANUA: I was trying to contact Sigfredo and had a hard time trying to contact him, and then I eventually ended up in the alleyway of where Luis lived at that time.
MS. CAPPLEMAN: At Luis Rivera's residence?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And did Garcia show up there when you pulled up there?
KATHERINE MAGBANUA: Yeah, he just kind of jumped in my car. I didn't know where he came from.
MS. CAPPLEMAN: All right. And was he able to get the money?
KATHERINE MAGBANUA: Yes. I told him that his money was in the trunk of the car. He was able to remove it.
MS. CAPPLEMAN: And you observed him removing it, and the money was there?
KATHERINE MAGBANUA: Yes, ma'am. He went to the back, grabbed it, and then — that's when he left.
MS. CAPPLEMAN: How did you get your cut of the money?
KATHERINE MAGBANUA: I don't know if it was later on that night that he came back to my apartment, or the following day. And then he put it in the closet.
MS. CAPPLEMAN: How was your cut of the money packaged?
KATHERINE MAGBANUA: It wasn't, like, a cut — it was just, basically, it was in a bag, in a plastic bag, grocery bag, and I believe there was, like, a paper bag, and then a ziplock bag inside it.
MS. CAPPLEMAN: All right. So the inner — inner thing was a ziplock bag?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Okay. When you open the ziplock bag, did you notice that the money was stapled together?
KATHERINE MAGBANUA: Yes, it was.
MS. CAPPLEMAN: Okay. Did you notice something else unusual about the money at that moment?
KATHERINE MAGBANUA: I did — when I opened it — but a couple days after the fact, it was wet and starting to mold.
MS. CAPPLEMAN: The money itself was damp to the touch?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Right. And did you ever mention that back to Charlie Adelson?
KATHERINE MAGBANUA: I'm pretty sure I contacted him and told him, "Why is the money wet?"
MS. CAPPLEMAN: What do you mean "pretty sure"? You did, or you didn't?
KATHERINE MAGBANUA: That I did.
MS. CAPPLEMAN: Okay. And when you contacted him and said the money's wet — or you just mentioned to him the money's wet — did he have a response?
KATHERINE MAGBANUA: Yes, ma'am. He told me that his mom washed the money.
MS. CAPPLEMAN: But she physically washed the money?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: All right, so you got a chunk of cash that day or a couple days later. You're not sure which?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: All right. And you also got these paychecks that we've talked about, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Did, over the ensuing time — from the time of the murder up until the time of the — what we've referred to as "the bump" — are you familiar with that law enforcement operation? Okay. In that time frame, did you get some other gifts and things from Charlie? Between that time, yes — plane tickets, things like that?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: Okay. So you deny getting any type of gift or favor from Charlie Adelson other than the cash that you got?
KATHERINE MAGBANUA: I don't know if, like, specifically any type of favors. If I was going through — I was having problems with the car that I purchased from him, so he would get that fixed and he would pay for it.
MS. CAPPLEMAN: Okay. And before that, he helped with Mazda repairs?
KATHERINE MAGBANUA: Yes.
MS. CAPPLEMAN: Okay. All right. You started getting paychecks in September after the murder, which continued through May of 2016. Is that right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And how would you receive the paychecks?
KATHERINE MAGBANUA: Charlie would give it to me.
MS. CAPPLEMAN: All right. And you admit that you weren't doing anything to earn that money?
KATHERINE MAGBANUA: No, ma'am, I was not.
MS. CAPPLEMAN: Other than contributing to this murder?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: All right. And the paychecks — would they come one at a time, or multiples at a time?
KATHERINE MAGBANUA: It would be multiple.
MS. CAPPLEMAN: Okay. Do you know why the paychecks stopped when they stopped?
KATHERINE MAGBANUA: At that time, I'm just — I'm afraid I got arrested...
MS. CAPPLEMAN: So they got spooked.
KATHERINE MAGBANUA: Yes.
MS. CAPPLEMAN: Who signed the paychecks?
MS. CAPPLEMAN: Who signed your paychecks from the Adelson Institute?
KATHERINE MAGBANUA: Donna Adelson.
MS. CAPPLEMAN: How many paychecks did you receive?
KATHERINE MAGBANUA: I can't recall.
MS. CAPPLEMAN: 44 sound right?
KATHERINE MAGBANUA: I can't recall.
MS. CAPPLEMAN: If we assume 44, how many of them were signed by Donna Adelson?
KATHERINE MAGBANUA: All of them.
MS. CAPPLEMAN: How many were signed by Charlie Adelson?
KATHERINE MAGBANUA: None.
MS. CAPPLEMAN: Did Mr. Adelson, when he handed you the checks, give you any instructions on how they were to be deposited?
KATHERINE MAGBANUA: Just don't deposit it all at one time.
KATHERINE MAGBANUA: Space it out.
MS. CAPPLEMAN: All right. And did you always follow his directions on the deposits?
KATHERINE MAGBANUA: Not always, no.
MS. CAPPLEMAN: Sometimes you would cash one before the paper pay period ended, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And we've talked about the bump. Did you meet with Charlie Adelson after the bump?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Who called that meeting?
KATHERINE MAGBANUA: Him.
MS. CAPPLEMAN: Are you...?
KATHERINE MAGBANUA: I believe he contact — he contacted me.
MS. CAPPLEMAN: And did you sit in the car with Mr. Adelson for a few minutes before going into the restaurant?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: What happened when you were in the car with him?
KATHERINE MAGBANUA: Well, we got — I got inside the car. He came outside of my job, and basically I said, you know, "Probably where we're gonna eat." And he turned up the volume in his — in his car, and kind of just leaned towards me and was just telling me that, you know, that his mom got approached.
MS. CAPPLEMAN: Okay. And did you continue to hear more from him about his mom being approached once you entered the restaurant?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Okay. And at the time, you did not know that law enforcement was intercepting those conversations, did you?
MS. CAPPLEMAN: Did you have any concerns that he might be trying to set you up during that meeting?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: Did you feel that, or did he do anything to make you think he had suspicions that — that you might be trying to set him up?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And what were those?
KATHERINE MAGBANUA: Just the way he was — just, I mean, going through scenarios in his head. He might have — because he mentioned Tato's name, and he had a piece of paper that he looked at and then kind of talked to me about, but I didn't know what he was looking at.
MS. CAPPLEMAN: Who's Tato?
KATHERINE MAGBANUA: Tato is Luis Rivera.
MS. CAPPLEMAN: Okay. So did he say "Luis Rivera," or he said "Tato"?
KATHERINE MAGBANUA: He said Tato.
MS. CAPPLEMAN: Okay. And so did that concern you, that he knew that name?
KATHERINE MAGBANUA: Yes, it did. I just thought he was confusing it with Duto, because Duto is Sigfredo Garcia's nickname.
MS. CAPPLEMAN: Okay. And what the setup was, from the law enforcement, was that this person was posing as an associate of Luis Rivera, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Okay. Okay. And when Charlie tells you this information, are you thinking it could be an associate of Luis Rivera? Maybe Rivera did tell someone?
KATHERINE MAGBANUA: Yes.
MS. CAPPLEMAN: And maybe this is somehow connected to Rivera?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: All right. Did you tell Charlie that?
KATHERINE MAGBANUA: Did I tell Charlie that?
MS. CAPPLEMAN: Did you tell Charlie, well, actually, the guy that went with Garcia to kill Dan Markel is Luis Rivera, and he goes by Tato? Did you say anything like that?
KATHERINE MAGBANUA: No, ma'am. I just told him that Tato was incarcerated, but I never knew at that time that Tato was with Sigfredo, or that he...
MS. CAPPLEMAN: Right, but you're not, I guess — are you giving Charlie Adelson all the information that you have about this?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: Okay. So you're going to handle it on your side of the conspiracy yourself, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: So he — he's enlisting you to go do something. What is it you're supposed to do? To contact the phone number — phone number on the piece of paper that was handed to his mother?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Okay. And figure out who it is, and — and resolve it. What's going on?
KATHERINE MAGBANUA: He didn't know if it was, um, somebody trying to extort him or try to blackmail him, and — or he didn't know if it was the FBI.
MS. CAPPLEMAN: Okay. And he's saying one of two scenarios. One of two scenarios — are those the two scenarios?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: It's the FBI, or it is actually someone who's gotten some information about what we did?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Have you reviewed the transcript that was prepared of that restaurant recording?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And is that transcript fair and accurate? Does it accurately transcribe the conversation that was had in there?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: You knew Luis Rivera well, right?
KATHERINE MAGBANUA: I knew him from Sigfredo, yes, ma'am.
MS. CAPPLEMAN: But Sigfredo didn't tell you he took Rivera with him?
KATHERINE MAGBANUA: No, he didn't.
MS. CAPPLEMAN: To do the job?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: And— Even though it was pretty obvious, you didn't tell Charlie that Garcia was doing the job?
KATHERINE MAGBANUA: No. Yes, ma'am. He didn't know. He didn't know that it was Sigfredo.
MS. CAPPLEMAN: Charlie never explicitly told you this murder is going to benefit his mother or this murder is to benefit his sister?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: Did Charlie Adelson ever tell you this murder is to benefit his mother?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: Did Charlie Adelson ever tell you this murder is to benefit his sister?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: But you knew that, didn't you?
KATHERINE MAGBANUA: Yes.
MS. CAPPLEMAN: He did tell you that his mom was at the house right before you arrived the night of the murder?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: He did tell you that his mother washed the money?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Money that was payment for the murder?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Did you speak in code on that wire, on the wiretaps?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Okay, "property" and "tenant" — that was code for looking into who was behind the bump, right?
KATHERINE MAGBANUA: Yes, ma'am. Well, Charlie tends to go on his little rants, and then I kind of just followed, you know, what he was saying.
MS. CAPPLEMAN: Yes, but you spoke in code?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: And you understood you were speaking in code because you might be tapped, right? Somebody might be listening?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: But there would be no reason to speak in code if you hadn't done anything wrong. Will you agree with that?
KATHERINE MAGBANUA: Yes, ma'am.
MS. CAPPLEMAN: Innocent people don't talk in code, do they?
KATHERINE MAGBANUA: No, ma'am.
MS. CAPPLEMAN: No further questions.
JUDGE EVERETT: Cross-examination.
MS. FULFORD: Your testimony on direct — Ms. Cappleman asked you about previously lying under oath. Do you recall that?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: And, um, from the first trial with Sigfredo Garcia to a trial with just you, you gave proffers to law enforcement, correct?
KATHERINE MAGBANUA: Not between those times, but after that, before Charlie's, yes, ma'am.
MS. FULFORD: Okay. So after you testified in your trial, where you've admitted that you lied — you were minimizing what was going on, correct?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: Then you — and you started meeting with law enforcement in the state attorney's office, correct?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: And gave them a little more information each time, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: Each time you became, now what you're saying, a little more truthful?
KATHERINE MAGBANUA: Finally coming out with the truth, yes, ma'am.
MS. FULFORD: You had testified on direct that you got to Charlie's house and he had indicated that his parents had just left.
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: And you said that he was nervous and upset, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: And you all both took Xanax?
KATHERINE MAGBANUA: Well, he gave it to me, yes, ma'am.
MS. FULFORD: But you said you took one, right?
KATHERINE MAGBANUA: Of course, yes, ma'am.
MS. FULFORD: And he took one, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: And you two went to bed together, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: So what you're telling the jury is, is you met Charlie Adelson and started a dating relationship, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: You weren't exclusive at that time, were you?
KATHERINE MAGBANUA: No, ma'am.
MS. FULFORD: Charlie dated a lot of women, didn't he?
KATHERINE MAGBANUA: I believe so, yes, ma'am.
MS. FULFORD: Okay. And at some point he tells you that he has — he wants something to happen to someone, right? He wants someone to be harmed?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: And he asked you if you know anybody that could take care of that for him, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: And so then you contact Sigfredo Garcia, who's the father of your children, correct?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: And you and he are having a rocky relationship, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: And so you engage Sigfredo Garcia to be the one who causes whatever harm it's going to be to Dan Markel, correct?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: And after you do that, you know who Luis Rivera is, right?
KATHERINE MAGBANUA: Do I know? Yes, I know.
MS. FULFORD: At that time, you knew who he was?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: Okay, but is it your testimony you did not know that he was going to be involved with this as well?
KATHERINE MAGBANUA: Yes, I did not know that he was going to be with him, let alone I didn't know that Sigfredo was even going to be the one.
MS. FULFORD: Oh, I'm sorry, you hired someone other than Sigfredo to do it?
KATHERINE MAGBANUA: No, I didn't know that. I just gave him — I told him that somebody, you know, needed to be harmed. I didn't know that he was going to be the one.
MS. FULFORD: Okay. And how much money did you tell him he could make?
KATHERINE MAGBANUA: I didn't tell him an amount.
MS. FULFORD: So you testified before that you knew Sigfredo needed some money, and you could certainly use some money, so that's why you agreed to do this?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: And so you were going to agree to have somebody killed, and you didn't even know how much you were going to get paid?
KATHERINE MAGBANUA: No, I did not know.
MS. FULFORD: Okay. So now we know Sigfredo and Luis Rivera came to Tallahassee, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: Okay. So Charlie's asked you, you've asked Sigfredo, unbeknownst to you, apparently, he has asked Luis Rivera to go.
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: Okay. And we know that Luis Rivera and Sigfredo Garcia traveled to Tallahassee on more than one occasion, but ultimately they follow and track down Dan Markel, and when he pulls into his garage, Sigfredo Garcia gets out and shoots him in the head and kills him, right?
KATHERINE MAGBANUA: From what it shows in my trial, yes, ma'am.
MS. FULFORD: Okay. And then they come back to South Florida, Sigfredo and Luis Rivera, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: Okay. And you go to Charlie's house, you pass out with the Xanax, you get up the next morning, and he says there's money in the trunk.
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: At that point, you're claiming you didn't know how much money it was.
KATHERINE MAGBANUA: Yeah, I did not know how much.
MS. FULFORD: And as of then, you still hadn't discussed any dollar value for having someone killed.
KATHERINE MAGBANUA: No, ma'am. That was probably on the paper that I had handed to Sigfredo, the one that he got out of my diaper bag.
MS. FULFORD: I don't want you to speculate because you don't know, do you?
KATHERINE MAGBANUA: No, I never opened the envelope.
MS. FULFORD: But your testimony is you arranged a homicide and didn't even know what the pay was going to be?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: Okay. So the next morning, uh, Charlie says the money's in your trunk, and you get up and leave, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: And you go to Sigfredo, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: And he knows you're going to be bringing him money, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: And he hops in your car, and you tell him you got the money?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: And so your testimony is then he goes into your trunk?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: And he takes the bag out of the diaper bag.
KATHERINE MAGBANUA: No, it was not a diaper bag. It was the plastic bag that Charlie put in my trunk.
MS. FULFORD: No, the money was inside your diaper bag is what you testified to before.
KATHERINE MAGBANUA: No, ma'am, I did not.
MS. FULFORD: Oh, where'd you put it, the money?
KATHERINE MAGBANUA: Yeah, it was in the trunk of my car.
MS. FULFORD: Okay, all right. I must have misunderstood your testimony. I thought you said it was — the envelope was inside the diaper bag.
KATHERINE MAGBANUA: Envelope was inside the diaper bag, yes, ma'am.
MS. FULFORD: That's what you delivered to Sigfredo.
KATHERINE MAGBANUA: That's the envelope that Sigfredo picked up from my apartment. Yes, ma'am.
MS. FULFORD: That Charlie had given to you?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: You say you didn't know what the contents were?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: Okay. So moving forward, now Danny has been killed and Sigfredo gets in your trunk and gets the bag, right?
KATHERINE MAGBANUA: Gets the money. Yes, ma'am.
MS. FULFORD: Well, it's in a bag or not?
KATHERINE MAGBANUA: Yes, in the plastic bag.
MS. FULFORD: Okay. All right. So he gets the bag, and at this point you say you haven't even seen the money?
KATHERINE MAGBANUA: Yes, ma'am, I did not.
MS. FULFORD: Okay. And then a day or two later, he comes back to you and gives you, I guess, what is going to be your share, correct?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: And at this point, you still don't know Luis Rivera's involved at that point?
KATHERINE MAGBANUA: No, ma'am.
MS. FULFORD: You still didn't know?
KATHERINE MAGBANUA: No, ma'am.
MS. FULFORD: Okay. So you said that Mr. Garcia puts the money into your closet?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: Okay. And a few days later, you actually go into the closet.
KATHERINE MAGBANUA: I don't know if it was the same day, that, you know, he put the money there, but a couple of days later, when I had opened the bag, that's when I felt the moisture of the money.
MS. FULFORD: So you — you didn't touch the money in the first day?
KATHERINE MAGBANUA: I don't recall if I did or if I didn't.
MS. FULFORD: So you may — I'm talking about the first day that Charlie gives it to you, you didn't touch it.
KATHERINE MAGBANUA: Oh, no, no, no, I did not.
MS. FULFORD: Okay. And you didn't touch it the next day — that's when you gave it to Sigfredo?
KATHERINE MAGBANUA: Yes, because he just grabbed it from the trunk of my car.
MS. FULFORD: Okay. And a couple days later, he brings you your share and puts it in your closet, a day or two?
KATHERINE MAGBANUA: It might have been the same day or the day after.
MS. FULFORD: You put it in the closet, and then at some point you open the bag?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: And inside the bag you find — I mean, it's not very thick — you find stacks of money that's stapled together, correct?
KATHERINE MAGBANUA: What's not very thick?
MS. FULFORD: Ten one-dollar bills, or ten one-hundred-dollar bills stapled together — that's not very thick, is it?
KATHERINE MAGBANUA: It was just in stacks of whatever amount it was. I didn't count it.
MS. FULFORD: It was stapled together, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: Okay. So how much did you get for arranging Dan Markel to be killed, from Charlie's request, to pass something out on to Sigfredo Garcia? How much money did you get?
KATHERINE MAGBANUA: I never counted how much money was even in the bag.
MS. FULFORD: As you sit here today, you're telling this jury you never know what your cut was. You can't tell them.
KATHERINE MAGBANUA: No, ma'am, I never counted it.
MS. FULFORD: You spent some of it, didn't you?
KATHERINE MAGBANUA: I believe so, through time, yes.
MS. FULFORD: And you deposited some of it in your bank account?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: But you don't know how much yours was?
KATHERINE MAGBANUA: No, ma'am.
MS. FULFORD: But you do admit that Charlie gave you a check after that from Adelson Institute, right?
MS. FULFORD: He gave you payroll checks from Adelson Institute, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: Charlie gave those to you?
KATHERINE MAGBANUA: No, it was — oh, Charlie handed me the checks, yes, ma'am.
MS. FULFORD: Exactly. And you testified that you met Ms. Donna Adelson on one occasion, right?
KATHERINE MAGBANUA: From what I recall, yes, from the dental office, when I went to get work done.
MS. FULFORD: She greeted you when you came for your appointment, basically.
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: Okay. And you had your appointment and you paid for the services, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: Okay. And there's been testimony that Charlie, after that date, sorry — that Charlie, after that date, gave you other benefits, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: I mean, you and he weren't together anymore, correct?
KATHERINE MAGBANUA: After the homicide, no, we were not together, but we were still friendly with each other.
MS. FULFORD: We were still — you were still friends, but you went back to Sigfredo, right?
KATHERINE MAGBANUA: There was a time where it was — I was between Sigfredo and still intimate with Charlie as well. Besides —
MS. FULFORD: — the one time you had that dental appointment and you saw Mrs. Adelson, you met her — Donna Adelson?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: After that, you never talked to her again, did you?
KATHERINE MAGBANUA: Not that I can recall. I don't think I've spoken to her.
MS. FULFORD: You didn't speak on the phone to each other?
KATHERINE MAGBANUA: No, ma'am.
MS. FULFORD: You didn't text each other?
KATHERINE MAGBANUA: No, ma'am.
MS. FULFORD: You didn't email each other?
KATHERINE MAGBANUA: No, ma'am.
MS. FULFORD: You didn't have any other communication of any kind?
KATHERINE MAGBANUA: No, ma'am.
MS. FULFORD: You didn't meet with her in person?
KATHERINE MAGBANUA: There's only a time that I saw her, but I didn't meet with her.
MS. FULFORD: Right, exactly. And when you're having these discussions with Charlie Adelson — I'm talking about you and your knowledge — when you're having these discussions with Charlie and then having discussions with Sigfredo, she's not involved in those conversations with you, is she?
KATHERINE MAGBANUA: No, ma'am, she's not.
MS. CAPPLEMAN: The nomination?
MS. FULFORD: Donna did not have any conversations with you, did she?
KATHERINE MAGBANUA: No, ma'am.
MS. FULFORD: There's no line here, right?
KATHERINE MAGBANUA: No, ma'am.
MS. FULFORD: Donna had conversations with Charlie.
KATHERINE MAGBANUA: Yes, ma'am. Charlie.
MS. FULFORD: She wasn't participating in those conversations.
JUDGE EVERETT: Overruled. I believe the witness earlier testified concerning this very issue. You may continue your examination.
MS. FULFORD: Donna had conversations with Charlie, right?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: Charlie had conversations with you.
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: Charlie was the go-between between you and Donna, wasn't he?
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: The same way you were the go-between between Charlie and Garcia.
KATHERINE MAGBANUA: Yes, ma'am.
MS. FULFORD: No further questions.
JUDGE EVERETT: Okay, step down. Will the witness be recalled?
JUDGE EVERETT: You remain on the subpoena, Ms. Magbanua.
JUDGE EVERETT: We've decided Sergeant Corbitt is going to need to set up before he gets started?
JUDGE EVERETT: All right, members of the jury, we're going to take a break before the next witness.
JUDGE EVERETT: Everyone can be seated.
JUDGE EVERETT: If anyone needs to use the restroom or stretch your legs, please do so now.
JUDGE EVERETT: Is everyone good to go?
MS. DUGAN: Yes, sir. The defense and I spoke, and I'll move a summary into evidence with Sergeant Corbitt, and I'll say subject to the court's ruling, and then that way we can make sure that everything that is in the summary tomorrow or that goes into evidence is subject to the court's ruling, as opposed to having to do that this minute. Is that okay?
JUDGE EVERETT: That's fine.
MR. ZELMAN: That is the conversation the Ms. Dugan and I had, and I agree that it makes sense time-wise.
JUDGE EVERETT: Please bring in the jurors.
JUDGE EVERETT: Everyone can be seated.