Mary Hull — Direct/Cross/Redirect
935 linesJUDGE EVERETT: Please call your next witness.
MS. CAPPLEMAN: State calls Mary Hull.
MS. FULFORD: We're gonna need to speak to her first. We provided some information before today...
MS. CAPPLEMAN: Objection to the speaking objection, Your Honor.
MS. FULFORD: It's not a speaking objection.
JUDGE EVERETT: Hold on. Stop talking. Please take the jurors to the jury room.
JUDGE EVERETT: You can be seated. If there is a topic that needs to be addressed, please ask to approach, but no gratuitous need to be made in front of the jurors.
MS. FULFORD: I should not have made those comments. I apologize.
JUDGE EVERETT: You need to speak with Miss Hull before she testifies?
MS. FULFORD: We do, Judge.
JUDGE EVERETT: State, do you need to be heard concerning this?
MS. DUGAN: No, sir.
JUDGE EVERETT: Very well.
JUDGE EVERETT: How long will it take to speak with Miss Hull about this matter?
MS. FULFORD: It should not take long, but maybe 15 minutes, Judge. For scheduling purposes, I think for direct, maybe about 45 minutes to an hour. I'm not sure about cross, so —
JUDGE EVERETT: All right, let's put the jurors then on early lunch. During this time, the defense can speak with Miss Hull about any topics that you need to prior to her examination.
JUDGE EVERETT: Please bring the jurors out so we can put them on lunch break.
JUDGE EVERETT: You can be seated.
JUDGE EVERETT: Members of the jury, we're going to take an early lunch break today. Once again, I'm going to remind you of the instructions that you have received before — not to discuss this case with each other or anyone else. If anyone attempts in any way to speak to you about this case or talk to you, please make sure you report that matter to the bailiff so I can deal with it appropriately.
JUDGE EVERETT: Also, during the lunch break, do not look at any information about this case or any of the news reporting. Again, you may eat together if you choose to do so, but the only prohibition is discussing this case. We will get started again at 12:35. Please make sure you have reported by 12:30. Enjoy your break. We'll resume at that point.
JUDGE EVERETT: You can be seated.
JUDGE EVERETT: For the parties, please report back at 12:30 as well. This should give the defense an opportunity to speak with Mrs. Hull and have your midday break as well. Does anything else need to be addressed?
MS. FULFORD: I was going to present a PowerPoint presentation during Mrs. Hull's testimony, and —
MS. FULFORD: I do have an objection. I have a hearsay objection to slide 38.
MS. FULFORD: It's a text messaging conversation between Harvey Adelson and Charlie Adelson, and Harvey's statements would be hearsay, and that was ruled on yesterday as well.
MS. DUGAN: May I respond, Judge?
JUDGE EVERETT: Go ahead.
MS. DUGAN: Let me pull up the slide just a moment.
MS. FULFORD: And it was also a statement before the conspiracy — Judge, was December 14th of 2012.
MS. DUGAN: So, Judge, I believe the court has seen this before, but I can also provide the court with a copy. Slide 38 is a text message exchange between Harvey Adelson and Charlie Adelson from 2012, where they are discussing —
MS. DUGAN: ...having a large amount of cash.
MS. DUGAN: And I plan to ask Ms. Hull, did the family keep a large amount, or did the family keep cash?
MS. DUGAN: Did they have access to a lot of cash? Did they give cash discounts at the dental practice? And this is an example of them taking whatever — taking whatever cash that they did receive and keeping it as opposed to depositing it in the bank.
MS. DUGAN: And so I do think that it's probative and more prejudicial — I'm sorry, more probative than it is prejudicial.
JUDGE EVERETT: I believe the objection is here to say not that it's probative.
MS. DUGAN: Okay.
MS. DUGAN: Let me see. Harvey is the one making the statement. So the statement is — "I have too much cash" — and talking about there's no tax advantages for a large gift, except that he has too much cash.
MS. DUGAN: But we're not proving it to prove he has too much cash at that time. We're using it to prove this family keeps a large amount of cash outside of, you know, banking institutions — they have a lot of cash, and that would be relevant to them having a large amount of cash at the time that these payments were made.
JUDGE EVERETT: You're not offering the statement for the truth of the matter asserted, but rather a separate point?
MS. DUGAN: Not for the truth of the matter asserted in these messages, but rather —
MS. DUGAN: — but rather the fact that they had cash in general and kept cash out of banks.
MS. FULFORD: And that is for the truth of the matter asserted, Judge. She's trying to use this — a hearsay statement from a person who's not a part of this litigation.
MS. FULFORD: You know, there's an argument in Charlie's trial, but here, this is not about Donna. And they say they're not using it for the truth of the matter asserted — but then she turned around and said, "we're using it to prove they have a lot of cash." So they are using it for the truth of the matter asserted.
JUDGE EVERETT: What would be the other issue that's being offered for, if it's not the truth of the matter? Certainly, Mr. Fulford has made a good point.
MS. DUGAN: I think that if it were for the truth of the matter asserted, it would be that he has too much cash on this date and there's no tax advantage of this gift.
MS. DUGAN: But we're using it to show that they keep a large amount of cash outside of banking institutions, that they have a large amount of cash in general. That's just the distinction I'm saying. But the statement is "I have too much cash."
JUDGE EVERETT: Splitting the hair is pretty thin.
JUDGE EVERETT: On that matter, I'll reserve the ruling for now.
JUDGE EVERETT: Do you have a copy of slide 38 that you reviewed?
MS. DUGAN: Yes, sir.
MS. DUGAN: I'll be right back with it.
JUDGE EVERETT: Slide 38 — I will find that this does predate the conspiracy, at least as it's been alleged during this trial.
JUDGE EVERETT: Additionally, as to the discussion of cash and it flowing from one party to the next between the two Adelsons — As to that, it cannot be offered for the truth of the matter asserted. It is hearsay. The non-hearsay basis that it's being offered for, again, Ms. Dugan, is what exactly? That's unrelated to the money specifically, in a specific way.
JUDGE EVERETT: What is the unrelated aspect of this exhibit — that's unrelated to the money — that you're offering it for?
MS. DUGAN: Right. I mean, it is related to the money. We're trying to establish that they keep a large amount of cash, they don't put it in banks, and they transfer it from one family member to another.
MS. DUGAN: Transfer it via just giving it to them, as opposed to putting it in a bank.
JUDGE EVERETT: You may question Investigator Hull concerning what she learned as a result — of — going through the financial records. But as to the slide, — I will sustain the objection unless there is another basis for which it's being offered, not for the truth of the matter asserted.
JUDGE EVERETT: Well, that is our break at this point. Please return at 12:30.
JUDGE EVERETT: Do we have our jurors, or are we still collecting them?
JUDGE EVERETT: Go ahead.
MR. ZELMAN: Shortly after we began the lunch break, I received a new PowerPoint from Sergeant Corbitt. I forwarded it to my experts for them to review it to see what the changes are. Ms. Dugan just advised me what some of them are. I need to email the expert to see if it changes anything. I don't yet know what my expert's going to say — they're trying to review it right now.
JUDGE EVERETT: Ms. Dugan, concerning this change in the PowerPoint — is this the demonstrative, or what the state is seeking to admit?
MS. DUGAN: This is both, um. And I advised defense that my understanding is the only change being that Sergeant Corbitt — there was one slide that changed, and I think it changed in defense's favor, but I need to double-check that. Um, and then the rest is just some slides we took out that I didn't feel like we needed. But he has a copy of the presentation we sent in May and this one. And it's also my understanding the defense has several objections to some of the communication in the PowerPoint that they've had since May, and so we may need to speak to the court before Sergeant Corbitt testifies.
JUDGE EVERETT: All right. Concerning this exhibit — and at this point I'm going to refer the parties back to the scheduling order, specifically the portion of the order that dealt with: if things are not timely raised, they can be deemed as waived. Are these matters going to any constitutional issue — of evidence that were obtained in violation of the defendant's rights?
MR. ZELMAN: I don't believe so, Your Honor.
JUDGE EVERETT: Has the violation or, as these matters would not be constitutional in nature, why should they be heard now if they were not previously raised by the deadline that was given in the prior scheduling orders?
MR. ZELMAN: The explanation I have for not having raised this previously is the amount of information that we were provided beginning in April.
JUDGE EVERETT: And several continuances were granted to accommodate you on that basis.
MR. ZELMAN: There was one trial continuance.
JUDGE EVERETT: And multiple — I believe — deadlines were extended as well, at least three or four times.
MR. ZELMAN: Yes.
JUDGE EVERETT: On that basis, why was this not raised just in that time?
MR. ZELMAN: Just didn't have time, Your Honor.
JUDGE EVERETT: Right. What are you raising for the record?
MR. ZELMAN: I don't know how this applies to the new one. Um, one of the reasons why I forwarded it immediately to my expert — to see, um, how it has changed. I don't know how the pagination has changed, so if we can have some time to review that, it might resolve some of what I'm objecting to. Some of the objections had to do with hearsay. I understand the court's ruling concerning allowing the state to prove up the co-conspirator exception as we move through the trial, so that would probably apply to the vast majority of what the objections were. But if I could have a few moments to review this, please.
JUDGE EVERETT: As you stated, you may have a few moments. As you stated before, we're not talking about new information; this is just being packaged in a different way?
MS. DUGAN: Correct. And all the communication that defense let me know that he is objecting to — which is essentially all the text message communication — all of that remains the same, and has remained the same, not only in what we sent him in May before the deadline, but I believe it was all the same as well in the presentation that was provided to Ms. Adelson's previous attorneys before that trial.
JUDGE EVERETT: Well, Deputy Phillips, if you can inform the jurors that we'll get started in about 10 minutes. I'll give you this opportunity, Mr. Zelman, to look at the document. But again, on these issues of exhibits specifically, there was the pretrial scheduling order. Also, last Friday, I provided each party the opportunity to go through these items if they were still disputed. Neither side took me up on it. At this point, we're not going to be wasting time on exhibits that could have been objected to and ruled upon.
JUDGE EVERETT: Take your ten minutes now.
JUDGE EVERETT: Mr Zelman have you finished reviewing the additions to — or the changes to — the exhibit that the state intends to offer through Sergeant Corbitt?
MR. ZELMAN: I'm still trying to locate some of them, Your Honor. I haven't yet heard back from my expert as to their review.
JUDGE EVERETT: Who has cross-examination of Ms. Hull?
JUDGE EVERETT: Very well — and you can continue your search while the examination of Ms. Hull is taking place.
MS. FULFORD: I am, Your Honor.
JUDGE EVERETT: At this point, do you need to move forward with resuming the trial?
MR. ZELMAN: Yes, sir. Thank you.
JUDGE EVERETT: Please bring in the jurors.
JUDGE EVERETT: I hope you had a restful midday break. At this point, we're going to continue with the state's case.
JUDGE EVERETT: Ms. Dugan, you may call the state's next witness.
MS. DUGAN: The State calls Mary Hull.
JUDGE EVERETT: Please raise your right hand.
JUDGE EVERETT: Do you swear or affirm the testimony you're about to offer will be the truth?
MARY HULL: It will.
JUDGE EVERETT: You may take your seat.
JUDGE EVERETT: Please speak loudly and clearly. You can adjust the microphone if you need to. Thank you.
MS. DUGAN: Good afternoon. Will you introduce yourself to the jury and spell your name for the court reporter, please?
MARY HULL: Yes, my name is Mary Hull, M-A-R-Y, H-U-L-L.
MS. DUGAN: Where do you currently work?
MARY HULL: The Executive Office of the Governor, in the Chief Inspector General's Office.
MS. DUGAN: And where did you work when you first became involved in this case?
MARY HULL: The Department of Financial Services, in the Office of Fiscal Integrity.
MS. DUGAN: All right. And what was your role there, and in your current job?
MARY HULL: Currently, I'm an auditor in that position at DFS. I was a financial investigator.
MS. DUGAN: All right. And were you a financial investigator with DFS back in the summer of 2016?
MARY HULL: Yes.
MS. DUGAN: Okay. As a financial investigator there, did you investigate economic crimes?
MARY HULL: We did. It was a criminal investigative unit for the state of Florida.
MS. DUGAN: And how long did you work in investigations there?
MARY HULL: Investigations there, seven years.
MS. DUGAN: Okay. Can you tell me a little bit about your education and your experience in order to be a financial investigator?
MARY HULL: Sure. I hold a Bachelor of Science degree in finance from Florida State University. I'm a certified fraud examiner in good standing with the Association of Certified Fraud Examiners. I have 22 years of financial analysis, auditing, and financial investigative work for both the state of Florida and the United States Attorney's Office.
MS. DUGAN: And has much of that — that 20 years — been doing white-collar crime investigations?
MARY HULL: Ten years I did white-collar crime investigations, to include money laundering, contract fraud, identity theft, and embezzlement.
MS. DUGAN: Okay. And were these like multi-agency financial investigations for both state courts and federal?
MARY HULL: There were several that were multi-agency investigations at both state and federal at the same time. But I also worked at the United States Attorney's Office for three years, and we did all criminal economic crime there.
MS. DUGAN: And what's your specific area of expertise? Is it forensic accounting?
MARY HULL: Yes, I do forensic accounting, which is a very detailed analysis of financial records to be used in court.
MS. DUGAN: You mentioned that you're a certified fraud examiner. What does that mean?
MARY HULL: You have to take special training to actually be certified to do financial crime.
MS. DUGAN: And are you in good standing with the Association of Certified Fraud Examiners?
MARY HULL: I am.
MS. DUGAN: While a financial investigator, did you also receive in-service training?
MARY HULL: I did, as a criminal investigator — additional training in search and seizure requirements, the handling of evidence, the chain of custody protocol, as well as witness interviewing techniques.
MS. DUGAN: And have you ever testified in court about your analysis of financial records?
MARY HULL: I have.
MS. DUGAN: About how many times?
MARY HULL: 20, 21 times in court.
MS. DUGAN: Okay. Those are all my questions as to this witness's qualifications. Judge, is there any objection to her ability to provide an opinion in the field of — I believe this is for financial — or excuse me, forensic accounting. Forensic accounting.
JUDGE EVERETT: Members of the jury, the witness will be permitted to testify today in the area or provide an opinion in the field of forensic accounting. While she testifies today, you may continue.
MS. DUGAN: So you mentioned that you first became involved in this case when you were working for DFS back in 2016. What was your role? What was your responsibility?
MARY HULL: So I looked at all of the bank records. Specifically, that was my first look at the records — to analyze and detail everything that happened in those accounts. I did all the financial analysis for the bank records, as well as I did some iCloud records and emails and other documents that would come through, DHSMV records.
MS. DUGAN: Okay. So did you look at a lot of different records in this case to see — okay, to see what the banking habits were, whether there was any spike in cash, and whether there was any link between the parties?
MARY HULL: Yes.
MS. DUGAN: I want to ask you about — first, kind of go through several of the things you reviewed in this case, and then ask you questions about your review.
MS. DUGAN: Did you review state's exhibit 68, which is going to be the Adelson Institute's subpoena response?
MARY HULL: Yes.
MS. DUGAN: Okay. And that was in reference to Katherine Magbanua's employment?
MARY HULL: It was.
MS. DUGAN: And were those records from September of 2014 to 2016?
MARY HULL: That sounds correct. May of 2016, in fact.
MS. DUGAN: Yes. Okay. Okay, did you also review state's exhibit 75, which is Dr. Rudner's records for a breast augmentation for Katherine Magbanua?
MARY HULL: I did.
MS. DUGAN: Did you also review 76, state 76, which is Broward Dermatology records for possible Magbanua employment from there?
MARY HULL: Yes.
MS. DUGAN: Okay. And are those records from July of 2015 to March of 2016?
MARY HULL: Yes.
MS. DUGAN: Moving on to Department of Highway Safety and Motor Vehicles. Did you review state 69, which is going to be the records for the Lexus acquired by Katherine Magbanua, and 77, 78, 79, and 80, which are vehicle and motorcycle records for Sigfredo Garcia and Luis Rivera?
MARY HULL: I did.
MS. DUGAN: Did you review bank accounts for the Adelson family?
MARY HULL: I did.
MS. DUGAN: Does that include accounts for Harvey Adelson, Donna Adelson, Wendi Adelson, and Charlie Adelson?
MARY HULL: Yes.
MS. DUGAN: And I won't go through all of those accounts, but did you review checking and savings accounts for them, personal and professional accounts for them, as well as investment accounts?
MARY HULL: That's correct.
MS. DUGAN: And how many total investment accounts did you review?
MARY HULL: I believe there were 24 total investment accounts.
MS. DUGAN: Okay, so a lot of different accounts you reviewed for each person in the family.
MARY HULL: Yes.
MS. DUGAN: Okay. And were several of those accounts accounts that more than one family member was on at the time?
MARY HULL: Yes.
MS. DUGAN: Did you also review credit cards for the Adelson family, specifically state's 111 and a portion of those records, 111A, which are Capital One and Amex records for Charlie Adelson?
MARY HULL: I did.
MS. DUGAN: Did you also review state's 110, which is Adelson Institute bank records from Regions Bank?
MARY HULL: I did.
MS. DUGAN: Did you also review state's exhibit 106, which is going to be a checking and savings account for Luis Rivera from Chase Bank from 2014 to 2015?
MARY HULL: Yes. Yes.
MS. DUGAN: Did you also review state's 107, Bank of America records from Garcia's account from 2015 to 2016?
MARY HULL: Yes.
MS. DUGAN: Did you also review state 74, which is employment records from Coastal Masonry for Sigfredo Garcia from 2009 to 2014?
MARY HULL: Yes.
MS. DUGAN: Did you also review state's 108A and B and 109A and B, which are Bank of America accounts and J.P. Morgan Chase accounts, respectively, for Katherine Magbanua from 2013 to 2017?
MARY HULL: Yes.
MS. DUGAN: Did you also review state's 82, which are copies of 44 checks from Adelson Institute deposited into Magbanua's bank account?
MARY HULL: Yes.
MS. DUGAN: Did you have an opportunity before court today — so you didn't have to do it now — to review all of those records that we just talked about, to assure yourself that they were the same as the ones you reviewed?
MARY HULL: Yes.
MS. DUGAN: Okay. And did all of those records that you reviewed come with a certification attached to them, certifying them to be official records from each respective company or business?
MARY HULL: Yes.
MS. DUGAN: At this time, Judge, I would enter into evidence state's 68, 75, 76, 69, 77 through 80, 106, 107, 108A and B, 109A and B, 110, 74, and 82.
JUDGE EVERETT: Any objection to the items being offered?
MS. FULFORD: Yeah, go through real quick, Judge.
JUDGE EVERETT: Go ahead.
MS. FULFORD: We're in the court — meeting — can you go through the item numbers one more time, please?
MS. DUGAN: Sure. So we're going to have 69 —
JUDGE EVERETT: Hold on a moment. What is that sound?
JUDGE EVERETT: Can you hear the phone?
JUDGE EVERETT: Once again, please turn the phones off or turn the sound off. I don't expect to hear any phones in this courtroom.
JUDGE EVERETT: You may continue, Ms. Dugan.
MS. DUGAN: 68, 69, 74 through 81, 82 — I'm sorry, let's hold off on 81. So 74 through 80, 82, 106 — through 111A.
JUDGE EVERETT: Does the defense have an objection to these items being admitted? The numbers are — admitted as previously stated, with the exception of state's 81. You may continue.
MS. DUGAN: Thank you.
MS. DUGAN: Did you also review — you mentioned — iCloud as far as written communications, whether that be emails or text messages between the parties, to determine the financial relationship between them or whether there were any money or gift transfers between them?
MARY HULL: I did.
MS. DUGAN: Okay. And did you also review those items to determine how the Adelson family received or kept their cash?
MARY HULL: Yes.
MS. DUGAN: All of the records that we talked about today so far — is the amount of data in all of those records pretty voluminous?
MARY HULL: Yes.
MS. DUGAN: Are you going to be relying on a summary of all of the records that you've reviewed today for your testimony?
MARY HULL: I am.
MS. DUGAN: Okay. And did you review before court today this notebook, state's 81, which is a summary of your findings from all the records that you reviewed?
MARY HULL: Yes.
MS. DUGAN: And is it a true and accurate copy — a true and accurate copy of your — of the results from your findings?
MARY HULL: Yes, it is.
MS. DUGAN: Okay. At this time, Judge, I would move state's exhibit 81 into evidence as a summary. Thank you.
JUDGE EVERETT: And just for the record, that's going to be a composite exhibit.
MS. DUGAN: Now, in this composite, state's 81, for each of the graphs that we see that were created, after each graph is there also information from the accounts kind of showing your work of how you made those findings?
MARY HULL: Yes.
MS. DUGAN: Okay. And is there a PowerPoint that's been created showing the graphs in the case that report your results?
MARY HULL: Yes.
MS. DUGAN: Right. Judge, I'd ask for permission to use a demonstrative in this case, which is going to be a demonstrative of parts of the records and the witness — and the witness's graphs in this case.
JUDGE EVERETT: You may proceed.
MS. DUGAN: Okay. Now, the graphs that we see — we're not going to see portions of the records in the notebook on the PowerPoint, right?
MARY HULL: Yes.
MS. DUGAN: Okay. But those portions are in the notebook, if the jury wants to review them in the jury room. They're there for each graph?
MARY HULL: Yes.
MS. DUGAN: Which is what I'm saying — is the first — the portion that's just kind of showing your work for each graph?
MARY HULL: Correct.
MS. DUGAN: Okay.
MS. DUGAN: All right, so you mentioned that one of the sets of records that you looked at was Department of Highway Safety and Motor Vehicle records for some of these subjects. Did you review the Department of Highway Safety and Motor Vehicle records for Luis Rivera?
MARY HULL: I did.
MS. DUGAN: And what, if any, vehicles did Rivera acquire after the murder of Dan Markel on July 18th of 2014?
MARY HULL: He purchased a 2003 Suzuki motorcycle on July 28th, 2014, and a 1996 Toyota Camry on July 31st, 2014.
MS. DUGAN: And here are these pictures from the — from the social media records in this case — of Luis Rivera and Garcia on motorcycles?
MARY HULL: Yes, it is.
MS. DUGAN: And the one that Rivera's on is on a yellow motorcycle?
MARY HULL: Yes.
MS. DUGAN: Looking at Luis Rivera's bank accounts in this case — the Chase Bank account from May 2014 to November of 2015 — were his checks from his workplace direct-deposited into that account?
MARY HULL: They were.
MS. DUGAN: About how much was direct-deposited every week?
MARY HULL: Every week was about five or six hundred dollars.
MS. DUGAN: And where were his paychecks coming from?
MARY HULL: Coastal Masonry.
MS. DUGAN: So he had a steady job at Coastal Masonry throughout the time — of the time that you reviewed his — his bank records for, in 2014 and 2015?
MARY HULL: Yes.
MS. DUGAN: What did you learn about how his banking patterns or banking habits changed following the murder of Dan Markel?
MARY HULL: Yeah, he had a very interesting banking pattern.
MARY HULL: All his paychecks were deposited into his account, but then he would go by and withdraw virtually all of it.
MARY HULL: And he had certain preset auto-drafts that would come in, and then they would bounce because there wasn't any money in the account. So he had a lot of overdraft charges.
MS. DUGAN: And how did that change after the murder of Dan Markel?
MARY HULL: Right after the murder, he all of a sudden left the money in the account, and then nothing overdrafted for about four months.
MS. DUGAN: When was his last large cash withdrawal before the murder of Dan Markel?
MARY HULL: It was 7-15-2014.
MS. DUGAN: And when did— and you said it was about four months, then, that his old habits—
MARY HULL: Yeah, the next overdraft didn't happen until November 1st of 2014.
MS. DUGAN: And what do we see here?
MARY HULL: So this is a visual depiction of his bank account showing the overdrafts. The red bars are the overdraft amounts that happens, the number on the specific days, and then you can see that big wide span in the middle where there's no red bars, and then it picks back up in the first part of November.
MARY HULL: I will add that even though it's not on this chart, that the car and the motorcycle were purchased in that section where there were no overdrafts.
MS. DUGAN: So in the same section where there's no overdraft, he's also acquiring those vehicles, and he doesn't have any overdrafts from the time of the murder until about four months later?
MARY HULL: That's correct.
MS. DUGAN: And could that be indicative of him having another source of cash during that time?
MARY HULL: Yes.
MS. DUGAN: All right, moving on to Sigfredo Garcia. Tell us what you saw when you looked at the DHSMV records for Garcia.
MARY HULL: Yes, he purchased a 1997 Honda Racer on July 26, 2014.
MARY HULL: A 1984 Monte Carlo on August 22, 2014, and a Nissan Maxima on October 17th, 2014.
MS. DUGAN: Okay, so we didn't find a picture of the Maxima, but that's kind of how a Maxima of that style would look here?
MARY HULL: Yes, it was a sedan.
MS. DUGAN: Okay, and then the Monte Carlo is on the two-tone Dade account here?
MARY HULL: Yes, that's correct, in blue.
MS. DUGAN: Okay, and then we see his yellow motorcycle all the way to the right of the screen?
MARY HULL: Yes.
MS. DUGAN: And so those were all purchased within three months of the murder?
MARY HULL: That's correct.
MS. DUGAN: And— can you tell us about Garcia's bank accounts?
MARY HULL: There was not a bank account located during the time or shortly after the murder.
MARY HULL: He did have one from— June 15th to July 16th.
MS. DUGAN: Okay, so from June of 2015 to July 2016 he established a bank account and maintained it?
MARY HULL: Yes.
MS. DUGAN: All right. And during that time, was he having paychecks being direct-deposited into that account?
MARY HULL: Yes.
MS. DUGAN: From what company?
MARY HULL: He was employed at Rapid Capital Funding at that time.
MS. DUGAN: Okay. But before June 2015, there were no bank records that we could find to review for Garcia?
MARY HULL: There was no account located for him.
MS. DUGAN: All right. And did he work regularly in 2014 around the time of the murder?
MARY HULL: Actually, his employment record, at least with Coastal Masonry, was very sporadic.
MARY HULL: He worked two months from February of '09 to December of 2009. In April 2010 to July 2010, he worked three months.
MARY HULL: October from 2012 to August of 2013, he worked 10 months.
MARY HULL: In April of '14, he worked one month.
MS. DUGAN: Okay, and we have no record of him being employed at the time of the murder?
MARY HULL: No.
MS. DUGAN: So both Luis Rivera and Garcia both worked for Coastal Masonry.
MS. DUGAN: Rivera's job was consistent and steady, and Garcia's was more sporadic?
MARY HULL: Correct.
MS. DUGAN: All right. For Katherine Magbanua, did she already own a car according to the DHSMV records at the time of the murder?
MARY HULL: She did.
MS. DUGAN: And what type of car was that?
MARY HULL: That was...
MS. DUGAN: Here, I might be able to show you something to help move it along.
MARY HULL: Sorry.
MS. DUGAN: If you're having trouble finding it.
MARY HULL: Yeah.
MS. DUGAN: When you were viewing the messages in this case, did you find some evidence that Charlie Adelson helped her financially with a car that she had in 2014?
MARY HULL: Yes.
MS. DUGAN: Okay, and was that car in these messages — did they refer to this car as her needing to get it fixed, the parts alone are expensive, and she's asking, "I need a loan, buddy," frowny face?
MARY HULL: That's correct.
MS. DUGAN: Okay, and does she say, you know, "Just imagine if I took it to another mechanic"?
MARY HULL: Yes.
MS. DUGAN: All right. Did Charlie Adelson, in the messages, have a mechanic that was a friend of his that he would refer people, especially Katherine Magbanua, to?
MARY HULL: He did.
MS. DUGAN: And was that person named Sully?
MARY HULL: Yes, it was.
MS. DUGAN: And does Charlie Adelson then respond, "LOL, you'll be fine, I got you. I just texted Sully my CC"?
MARY HULL: That's correct.
MS. DUGAN: And she says, "Stop paying for s-word"— she misspells it— "on your card"?
MARY HULL: Yes.
MS. DUGAN: And this was in November of 2014?
MARY HULL: It is.
MS. DUGAN: Okay, um, so he's offering to give her the loan she wants and is texting Sully what appears to be his credit card number?
MARY HULL: That's right.
MS. DUGAN: All right. In May of 2015, are they still discussing her car repairs?
MARY HULL: Yes, they are.
MS. DUGAN: And it says it's a Mazda. Okay, so in this one she needs her— he says, "You need your belt changed, just bring it to Mazda." And does he offer to take care of it for her?
MARY HULL: Yes.
MS. DUGAN: And she's saying yes, she needs to take it ASAP?
MARY HULL: Yes.
MS. DUGAN: And— What do we see here in November of 2015?
MARY HULL: This is a text message about him paying for the repairs for that car.
MS. DUGAN: Okay, and in this exchange, Charlie Adelson is continuing to offer to put these repairs on this credit card?
MARY HULL: Yes.
MS. DUGAN: And this is Charlie Adelson's words in blue and Katherine Magbanua's words in green?
MARY HULL: That's correct.
MS. DUGAN: And at the end of that conversation, does Katherine Magbanua let Charlie Adelson know how much the repairs ended up being?
MARY HULL: Yes.
MS. DUGAN: And what was the amount?
MARY HULL: $1,650.
MS. DUGAN: Okay, I'm sorry, I'm on the next page.
MARY HULL: I think you are. Correct, at the bottom of that, that's what he authorized to put on his card, but the actual payment was for $1,620.77.
MS. DUGAN: Okay, thank you. So looking at the bottom of this exchange, Katherine Magbanua estimates— she says, "Just put $1,630," and Charlie Adelson offers, "How about I put $1,650?"
MARY HULL: Yes.
MS. DUGAN: So he offers, "I'll even pay thirty dollars more."
MARY HULL: Yes.
MS. DUGAN: And then she says it came out to $1,620— she says, "Thanks again, I'll pay you back." Is that right?
MARY HULL: That's correct.
MS. DUGAN: And then when you looked at Charlie Adelson's Amex, um, what did you find?
MARY HULL: I found the payment to Mazda for the $1,620.77.
MS. DUGAN: At the end of 2015, after all these repairs and Charlie Adelson offering to help her financially with these repairs, at the end of 2015, does it appear that Katherine Magbanua got a different car?
MARY HULL: She did.
MS. DUGAN: And what's the first indication of that?
MARY HULL: There was the title we looked up from the DHSMV records, and saw where it was purchased.
MS. DUGAN: Okay. Were there also messages where they discuss basically her having the Lexus now, Charlie Adelson needs to cancel his insurance on the Lexus?
MARY HULL: Yes, that's correct.
MS. DUGAN: Okay, can you go through what we see here?
MARY HULL: This is where he's discussing on December 14, 2015, that she needs— he's canceling the Lexus insurance, and she said she would get to it, she has a kid, she would do it later, and then he says, "I just paid for it."
MS. DUGAN: Okay, and in these messages when he says he's going to cancel the Lexus insurance today on December 14th of 2015, does he say, "Just spoke to my mom, she's paying the insurance now, just please go this Saturday," smiley face?
MARY HULL: Yes.
MS. DUGAN: And that's when she's saying, "I'll do it, I've got my kids," and then Charlie Adelson then says, "Just paid it, they'll prorate it back to us, just go Saturday, don't rush today," and she's saying, "I'll take care of it, don't worry"?
MARY HULL: Yes.
MS. DUGAN: Does he say, "Already paid it five minutes ago, just chill, you are still the best"?
MARY HULL: That's correct.
MS. DUGAN: You mentioned the DHSMV records in this case. What do we see here?
MARY HULL: This is showing the title transfer between Harvey and Katherine.
MS. DUGAN: And what date did this take place?
MARY HULL: This says, let— me see if I can zoom in a little. January 23, 2016, on the right-hand side.
MS. DUGAN: Right here?
MARY HULL: Yes, January 23, 2016.
MS. DUGAN: Okay. And what type of vehicle was that?
MARY HULL: That was a Lexus.
MS. DUGAN: 2001 Lexus?
MARY HULL: Black four-door, that's correct.
MS. DUGAN: And the previous owner is listed as Harvey Jerome Adelson?
MARY HULL: Yes.
MS. DUGAN: How much did this DHSMV title indicate that it was sold to Magbanua for?
MARY HULL: $1,700.
MS. DUGAN: And that's there on the right side of the screen?
MARY HULL: Yes.
MS. DUGAN: Were you able to find any record of payment from Katherine Magbanua to any of the Adelsons for this vehicle?
MARY HULL: No.
MS. DUGAN: Did you search all her accounts?
MARY HULL: Yes.
MS. DUGAN: Was there any check, or maybe she just withdrew that amount of cash? Was there any cash withdrawal for that amount?
MARY HULL: Nothing that correlated.
MS. DUGAN: Were you able to find any deposit into — let's say she already had that cash at home — any deposit into the Adelsons' account for that amount?
MARY HULL: No.
MS. DUGAN: In a little while we'll see that she was receiving money from Adelson Institute, correct?
MARY HULL: That's correct.
MS. DUGAN: Was there any drop in the money she was receiving from Adelson Institute in that time to account for — maybe this was just taken out of her salary?
MARY HULL: No.
MS. DUGAN: Can you insure a vehicle without transferring title?
MARY HULL: No.
MS. DUGAN: Do you have to put a sales price or list it as a gift on the title transfer?
MARY HULL: That's correct.
MS. DUGAN: If you say it's a sale on the title transfer, are you taxed?
MARY HULL: Yes.
MS. DUGAN: Is there a financial benefit for listing a really low sales price on the title transfer for a vehicle?
MARY HULL: Yes, it makes the registration fees less.
MS. DUGAN: And who decides what number goes on the title?
MARY HULL: Normally it's usually the seller that's supposed to put that on there, but all the transactions I've ever heard of, they just leave it blank and let the buyer put in the amount.
MS. DUGAN: So just the person who's submitting it to the tax office so they can later get their car insurance?
MARY HULL: That's correct.
MS. DUGAN: So if I sell a car to you for $3,000 but we agree to put $300 on the title transfer, we would pay less taxes on it.
MARY HULL: Yes.
MS. DUGAN: Looking at other written communications between Charlie Adelson and Katherine Magbanua, did it appear that Charlie Adelson provided other financial assistance or gifts to Katherine Magbanua?
MARY HULL: Yes.
MS. DUGAN: I was trying to go to the next slide but I think I got to zoom out first.
MS. DUGAN: What do we see here in Charlie Adelson's Amex records?
MARY HULL: So this is a purchase of airline tickets for Katherine Magbanua on March 6, 2015 for flight to Santo Domingo, and that was $970.74.
MS. DUGAN: And the passenger name is there at the bottom, Katherine Magbanua?
MARY HULL: Yes.
MS. DUGAN: Okay. Other than these $970 worth of airline tickets to Santo Domingo, were there other evidence of financial assistance or gifts?
MARY HULL: Yes, there was.
MS. DUGAN: Looking here on October 19th of 2015.
MS. DUGAN: This is a set of text messages between Katherine and Charlie, where she's asking — she wants to take her kids. "I'm sorry, you don't have to look up plane tickets. I want to leave for Thanksgiving. I want to take my mom. It's her 60th on November 9th." And then he's discussing cruise options. She wants to take a trip with her. Okay, so she wants to leave for Thanksgiving. She wants to take her mom too. It's her 60th birthday. And at the bottom he asks, where do you want to take your mom?
MARY HULL: Correct.
MS. DUGAN: This is a continuation of the text messages where she says she wants to do something nice for her mom and she may have days off on Thanksgiving.
MS. DUGAN: Does she offer the fact that maybe I'll rent an RV and drive cross country?
MARY HULL: She does.
MS. DUGAN: And then what does Charlie Adelson offer to do about halfway down this page?
MARY HULL: To get her a cruise for her and her mom.
MS. DUGAN: And she agrees, "I was thinking about a cruise too"?
MARY HULL: Yes.
MS. DUGAN: And then he discusses, "Perfect, they have really nice ones, y'all can leave on a Friday, go to two ports, come back on a Monday morning, and you won't miss work"?
MARY HULL: That's correct.
MS. DUGAN: Okay, and this is in October of 2015?
MARY HULL: Yes.
MS. DUGAN: And then does he continue to offer in that text messages, "I think it would be super cool for you to go with just you and your mom from Friday to Monday on a Norwegian cruise. It leaves Friday at 4, comes back Monday at 7. Does that work for you? Let's look at dates"?
MS. DUGAN: Let's look at dates.
MS. DUGAN: Is that right?
MARY HULL: Yes, that's correct.
MS. DUGAN: So in that exchange Magbanua mentioned something she might want to do. Charlie Adelson is the one offering to do this.
MARY HULL: Yes.
MS. DUGAN: In this message from May of 2015, is Katherine Magbanua saying she has a lot of things to pay for, she needs a little help because of her kids' tuition and stuff, and she had to stop her weekend job, she says "I hate asking"?
MARY HULL: That's right.
MS. DUGAN: And he says, "I will lend you whatever you need"?
MARY HULL: That's correct.
MS. DUGAN: And then shortly after this text message exchange, on May 20th, what do we see in the bank records?
MARY HULL: We see an ATM cash deposit for $1,400 into Katherine Magbanua's account, and —
MS. DUGAN: Was that a large amount of cash for her to deposit?
MARY HULL: Yes.
MS. DUGAN: These are some of the bigger items, but was there also — he would give her teeth whitening, he would pay for meal plans for her, offer her rides and fancy cars or her ability to lend or borrow fancy cars from him throughout these years?
MARY HULL: Yes, he had a lot of supportive activity of her.
MS. DUGAN: Looking at these records from Dr. Rudner's office.
MS. DUGAN: Did Katherine Magbanua have a breast augmentation surgery in October of 2014?
MARY HULL: She did.
MS. DUGAN: And looking at this record here, how much was that breast augmentation surgery?
MARY HULL: The total credit was four thousand six hundred and eight dollars.
MS. DUGAN: Looking at the records, how was that paid? I'm sorry, let me go back. How was that paid? Was it paid by cash or credit card or both?
MARY HULL: 4,400 was in cash and then the 195 was on her credit card or debit card.
MS. DUGAN: So what was the portion of that breast augmentation surgery that was paid in cash?
MARY HULL: 96%.
MS. DUGAN: Are there corresponding withdrawals of cash from any of Katherine Magbanua's accounts to reach 4,400?
MARY HULL: No.
MS. DUGAN: Or even four thousand?
MARY HULL: No.
MS. DUGAN: Around that time or before that time?
MARY HULL: No.
MS. DUGAN: Did you actually add up all her cash withdrawals from January 2014 to October of 2014, and they only totaled a little over two thousand dollars?
MARY HULL: That's correct.
MS. DUGAN: And what date was her surgery?
MARY HULL: Surgery was — looks like it was October of 2014.
MS. DUGAN: October 18th, 2014.
MS. DUGAN: Okay. All right. Now I want to focus on Magbanua's bank records.
MS. DUGAN: Based on the bank records and employment records that you reviewed, were you able to ascertain where Katherine Magbanua may have worked or what business she received income from, from her bank records?
MARY HULL: I did.
MS. DUGAN: And what do we see here? Can you walk us through this?
MARY HULL: So from the summary of the bank records, I was able to show through her deposits, her checks, the employment that she had. So this is a schedule of the bank records from 2013 to 2016 showing her employment deposits.
MS. DUGAN: And at the bottom here, do we see the name of each business that she received income from and the dates that she received income from those businesses?
MARY HULL: Yes.
MS. DUGAN: All right. Quintana Lopez, we see her at the bottom — was she a realtor?
MARY HULL: She was.
MS. DUGAN: And we see another name, Jerome R. Obed — was he a dermatologist who was a friend and former roommate of Charlie Adelson?
MARY HULL: He is, or was.
MS. DUGAN: Okay. Um, and when, according to this, when did she work for Adelson Institute?
MARY HULL: The first deposit that hit her account was October 7th, 2014, and the last one was May 17 of 2016.
MS. DUGAN: And that's when she received checks from Adelson Institute?
MARY HULL: That's correct.
MS. DUGAN: What do we have here?
MARY HULL: So this shows — the horizontal bars show her employment time frame, and then the murder and the bumper also showed on as a time frame when —
MS. DUGAN: Was her last check from Sophie Dental Care, the dental company she was working at before the murder?
MARY HULL: The first part of July 2014.
MS. DUGAN: Okay, and then she didn't have any more check, or didn't receive any more checks from them after that point?
MARY HULL: That's correct.
MS. DUGAN: Was she — is there any record of her being employed anywhere at the time of the murder?
MARY HULL: No.
MS. DUGAN: And you said she began receiving checks from Adelson Institute about a little less than three months after the murder?
MARY HULL: That's correct.
MS. DUGAN: And she received checks from them until the last check was dated in May of 2016?
MARY HULL: That's correct.
MS. DUGAN: Did she receive any checks from any other company any time between the time of the murder and when she received checks from Adelson Institute?
MARY HULL: No.
MS. DUGAN: And is Adelson Institute the Adelson family's dental practice?
MARY HULL: It is.
MS. DUGAN: Was it a financially successful dental practice?
MARY HULL: Yes.
MS. DUGAN: In 2012, did Charlie Adelson become the listed manager of Adelson Institute?
MARY HULL: Yes.
MS. DUGAN: And then in 2015, did the articles of organization change from both Charlie and Harvey being listed managers?
MARY HULL: Yes.
MS. DUGAN: And what date was that in 2015?
MARY HULL: October 2nd, 2015.
MS. DUGAN: Okay. Now, even though Charlie was the manager beginning in 2012 to October of 2015, was Harvey Adelson still employed as a dentist at Adelson Institute?
MARY HULL: He was.
MS. DUGAN: And received checks from there?
MARY HULL: Yes.
MS. DUGAN: In — 2016 — in July of 2016, did it change to only Harvey being the listed manager and Charlie being a registered agent?
MARY HULL: That's correct.
MS. DUGAN: Okay. Now, throughout all those years, 2012 to 2016, did Donna Adelson have signing authority for the Adelson Institute?
MARY HULL: She did.
MS. DUGAN: And what does that mean?
MARY HULL: She had the ability to move money without having someone else approve it.
MS. DUGAN: Was there evidence from Charlie Adelson's iCloud in reference to how or why Magbanua began receiving income from Adelson Institute?
MARY HULL: Yes, she was saying that she needed to show employment to get not only health insurance for a kid, but an apartment that she wanted to rent.
MS. DUGAN: Okay, so looking at this text, is this a text from June 24th of 2014?
MARY HULL: It is.
MS. DUGAN: So this is about maybe three to four weeks before the murder of Dan Markel?
MARY HULL: That's correct.
MS. DUGAN: And in this text, does she say, "Baby, I'm going to need help on the employment info I have to send to DCF for my kids' INS" — I-N-S. Could that be short for insurance?
MARY HULL: Insurance.
MS. DUGAN: "Also, if I have to end up moving later on, I need to show I'm working for you or else I won't be able to get an apartment."
MS. DUGAN: Does she say that at 12:33 p.m.?
MARY HULL: She did.
MS. DUGAN: And what does she say back at 12:36?
MARY HULL: "No prob." Problem.
MS. DUGAN: "No prob" — short for "no problem." Okay.
MS. DUGAN: And is this a time when his mother is signing authority there?
MARY HULL: That's correct.
MS. DUGAN: And he's manager?
MARY HULL: Yes.
MS. DUGAN: And his dad is a dentist there?
MARY HULL: Yes.
MS. DUGAN: Now, during this time, was that Charlie Adelson's only form of income? Did he also have income from his other work as a periodontist?
MARY HULL: Yes.
MS. DUGAN: Okay. Would he receive income from other dental practices where he would travel around and do specialized work for them?
MARY HULL: Yes.
MS. DUGAN: And was that a successful periodontist practice?
MARY HULL: Very successful.
MS. DUGAN: I want to ask you about this text message. She says she needs to — employment to send a DCF for her kids' insurance, or if she moves later on in order to rent an apartment. Do people sometimes have to show proof of employment? Yes. In order to get public assistance, health insurance, do people need to show they're employed but they don't make above a certain amount of money?
MARY HULL: That's correct.
MS. DUGAN: Did you review checks from Adelson Institute to Catherine Magbanua?
MARY HULL: I did.
MS. DUGAN: And in what accounts did you find those checks?
MARY HULL: They were deposited into Catherine Magbanua's — sometimes under checking, but a couple of times they went under savings.
MS. DUGAN: Okay. And they were coming out of Adelson Institute's business account with Regions?
MARY HULL: Yes.
MS. DUGAN: How many total checks were there from Adelson Institute to Catherine Magbanua?
MARY HULL: There was 44 checks.
MS. DUGAN: What do we see here?
MARY HULL: This is a list of the checks that she received from the Adelson Institute.
MS. DUGAN: Okay, so this is a summary of the checks.
MARY HULL: It is.
MS. DUGAN: Okay, but in evidence, as we kind of went through earlier, all of this will be back there in case the jury wants to see specific things. But 682 is a copy back in front of every check here that Catherine Magbanua received from Adelson Institute?
MARY HULL: That's correct.
MS. DUGAN: Okay. All right, so in the summary here, what's included? So the first row is just a number, the second column is a date — the date that it was posted to her bank account, the second column is the date the check was written, and the check number of the payment amount and what was in the memo column.
MS. DUGAN: Were all of these checks deposited by Catherine Magbanua into her account?
MARY HULL: They were.
MS. DUGAN: And who wrote each and every one of these checks?
MARY HULL: Donna Adelson was signing the checks.
MS. DUGAN: Okay. Are these examples of three of the checks in the exhibit?
MARY HULL: It is.
MS. DUGAN: Okay, but she signs all 44?
MARY HULL: She does.
MS. DUGAN: And you did say that she did have signing authority for the business during those years?
MARY HULL: Yes.
MS. DUGAN: In addition to signing these checks from Magbanua, did Donna Adelson also sign all the other checks to the Adelson Institute employees — their front desk people, their hygienists, the dentists, all of the people who work there?
MARY HULL: Yes.
MS. DUGAN: Was she the person who did payroll every month?
MARY HULL: That's correct.
MS. DUGAN: And looking back at this summary, you mentioned that Harvey Adelson was listed as manager again in October 2nd of 2015. Looking at this chart here, would that be just between number 26 and 27 there — at that point he would become manager again?
MARY HULL: Yes.
MS. DUGAN: Okay, but all throughout the rest of the time, he worked there?
MARY HULL: Yes.
MS. DUGAN: Okay. So about three-fourths of the second chart we see, Harvey Adelson was manager during that time?
MARY HULL: That's right.
MS. DUGAN: For all those checks that were written?
MARY HULL: That's correct.
MS. DUGAN: And for both of those charts, Donna Adelson had signing authority.
MARY HULL: Yes.
MS. DUGAN: Who else had signing authority at Adelson Institute when these 44 checks were written?
MARY HULL: There would have been Charlie and Harvey and her.
MS. DUGAN: When you reviewed the phone records in this case, did Donna Adelson manage more than just the money at Adelson Institute? Did she also manage a lot of personal details of Charlie Adelson's life?
MARY HULL: Yes.
MS. DUGAN: Would she often book his travel as far as his plane trips, his hotels, whenever he wanted to take a trip?
MARY HULL: Yes.
MS. DUGAN: Would she remind him regularly to pay this bill on time, pay that bill on time, transfer this amount of money to this account? She helped him with all of his money?
MARY HULL: Yes.
MS. DUGAN: Did she kind of run his life, so to speak, as far as helping him keep up with the details of all of his day-to-day needs?
MARY HULL: Yes.
MS. DUGAN: When was the first check issued to Catherine Magbanua here looking at the summary?
MARY HULL: The first check that shows up in her account is October 8th, 2014.
MS. DUGAN: Okay. What was the date on the check — meaning the date that you're assuming that's the check, that's the date that it's written?
MARY HULL: Right, so the date that was on the check was September 17th, 2014.
MS. DUGAN: Okay. Was that almost two months to the day from the murder of Dan Markel?
MARY HULL: It was.
MS. DUGAN: Was that, I guess, about three months after she asked to be employed by Adelson Institute?
MARY HULL: Yes.
MS. DUGAN: And how often did Magbanua receive checks from the Adelson Institute after that?
MARY HULL: Two times a month for almost two years.
MS. DUGAN: Looking at these checks, can you show us on — the bottom right of each check where it says "Donna Sue Adelson" on these checks, is that the signature line?
MARY HULL: It is.
MS. DUGAN: Thank you.
MS. DUGAN: Checks are kind of becoming an ancient art form, so I'm just — in case we have any jurors who haven't written one.
MS. DUGAN: The amount is here?
MARY HULL: Yes, that's the amount that's — what the check is written for.
MS. DUGAN: All right, and then the amount's written out here, and then you mentioned a signature line — I'm sorry, a memo line. Is this the memo line?
MARY HULL: Yes, that's the memo line.
MS. DUGAN: Okay, and what does this memo line say on these checks?
MARY HULL: I believe all of them — almost all of them — have a date range. There's a few that don't.
MS. DUGAN: And would that date range be the pay period?
MARY HULL: Yes.
MS. DUGAN: Okay. All right. Looking at these Adelson Institute checks to Catherine Magbanua, I have a couple of questions.
MS. DUGAN: When we're looking at the memo line for each, do the time ranges for the pay periods vary?
MARY HULL: Yes.
MS. DUGAN: They're not all for the same amount of days? In other words, they're roughly around a two-week period? Are all of the checks for the same amount?
MARY HULL: All except for the first one, which appears to be a one-week pay period instead of two.
MS. DUGAN: Okay.
MARY HULL: It was $203.79, which is half of the $407.58.
MS. DUGAN: And so for these red checkmarks, the red checks denote all of the checks that were for the same amount?
MARY HULL: Yes.
MS. DUGAN: Were some of the checks advanced pay?
MARY HULL: They were.
MS. DUGAN: And what does that mean?
MARY HULL: That means that she actually would have received the check or deposited the check before the end of the pay period.
MS. DUGAN: So the check is posted before the pay period on the memo line is complete?
MARY HULL: Yes.
MS. DUGAN: And were any of these checks sequential?
MARY HULL: They were.
MS. DUGAN: And what does that mean?
MARY HULL: It means they were all the next-in-line check numbers — 25, 26, 27.
MS. DUGAN: So going back to our picture of the checks — excuse me.
MS. DUGAN: So are these three checks sequential here?
MARY HULL: They are.
MS. DUGAN: Okay, so 24, 25, 26.
MARY HULL: Yes.
MS. DUGAN: Let me go back to where we were.
MS. DUGAN: Since they were sequential, were they dated all at the same time, showing that they were written all at the same time?
MARY HULL: No, they just have the sequential check numbers.
MS. DUGAN: How many sequential checks did she receive in a row?
MARY HULL: There was a total of 18 sequential checks. There's one set of three, another set of six, and another long set there.
MS. DUGAN: Okay, so are these three checks sequential here that I'm pointing to?
MARY HULL: Yes.
MS. DUGAN: Okay, and then are these six checks sequential?
MARY HULL: That's correct.
MS. DUGAN: And then these first six checkmarks, were these sequential?
MARY HULL: They were.
MS. DUGAN: And then the final three here, checks that she received, are they sequential?
MARY HULL: They are.
MS. DUGAN: So this isn't nine sequential checks, it's a set of six sequential checks and then another set of three sequential?
MARY HULL: That's correct.
MS. DUGAN: Okay. We talked about the ones that were sequential. Are there also a lot of the checks that are not sequential?
MARY HULL: Yes.
MS. DUGAN: And if they are not sequential, does that mean that those checks appear to have been written in the normal course of payroll?
MARY HULL: It would appear so.
MS. DUGAN: So when you're looking at the records, she may be check 1,000, and then another employee, a hygienist, might be check 1,001.
MS. DUGAN: Harvey Adelson might be check 1,002, and a front desk employee might be check 1,003.
MARY HULL: That's correct.
MS. DUGAN: And are the ones that are not sequential, do they not have a checkmark in the summary in the sequential column?
MARY HULL: That's correct.
MS. DUGAN: For this last column, Katherine Magbanua, known schedule. You said earlier that except for the first check, they were all the same amount, all 44.
MS. DUGAN: We know that she received a breast augmentation surgery in October of 2014.
MS. DUGAN: Was she receiving checks at that time in October 2014? Was Magbanua receiving checks?
MARY HULL: She was.
MS. DUGAN: Was there any disruption in her paychecks from Adelson Institute during that time to reflect needing time off from a major surgery?
MARY HULL: No.
MS. DUGAN: After her surgery, was there any decrease in the amount she received from Adelson Institute that might reflect her being off or having a reduction in pay?
MARY HULL: No.
MS. DUGAN: Does the date range in the memo section appear to be every eight to ten days, kind of like the other ones do?
MARY HULL: Yeah, during that time.
MS. DUGAN: Now, what about the time of her trip? We saw she went to Santo Domingo on March 22nd of 2015.
MARY HULL: There's no reduction in her pay.
MS. DUGAN: So nothing to reflect time off for going to another country during that time?
MARY HULL: No.
MS. DUGAN: No decrease in the amount she received for him having paid for it?
MARY HULL: That's correct, no decrease.
MS. DUGAN: What other records did you receive with respect to Katherine Magbanua's employment at Adelson Institute?
MARY HULL: There was a subpoena that was issued for any and all employment records, and what we received back was a simple QuickBooks summary that you see there.
MS. DUGAN: So this is the QuickBooks summary here?
MARY HULL: Yes, that's correct.
MS. DUGAN: Did the subpoena ask for any and all records of her employment from Adelson Institute?
MARY HULL: It did.
MS. DUGAN: Did their records — did they come with an employment application, or timesheets, or W-2s, or tax filing records, performance evaluations, anything like that?
MARY HULL: No.
MS. DUGAN: A job description?
MARY HULL: No.
MS. DUGAN: Just this QuickBooks sheet?
MARY HULL: That's correct.
MS. DUGAN: What time period does this sheet cover?
MARY HULL: This covers from September 18th, 2014 to March 31st of 2016.
MS. DUGAN: In your time doing forensic accounting, have you seen subpoenas for any and all employment records?
MARY HULL: I have.
MS. DUGAN: When a person has been employed with a business for two years, do you usually see some of those things I just listed out?
MARY HULL: Yes.
MS. DUGAN: Okay. So was it a surprise to you to just receive this QuickBooks printout?
MARY HULL: Yes.
MS. DUGAN: What was the date of the last check according to Adelson Institute's QuickBooks records that they handed over to law enforcement when they received the subpoena?
MARY HULL: It's at the top, March 31st, 2016.
MS. DUGAN: Okay. So according to their records, the last payment they made to her was on 3-31-2016.
MARY HULL: That's correct.
MS. DUGAN: When you looked at Katherine Magbanua's account, were there any additional checks after March 31st of 2016 that were paid to her by Adelson Institute?
MARY HULL: Yes, there were three additional checks that did not show up on the QuickBooks records.
MS. DUGAN: Looking at this graph, is this the 3-31-16 check that was dated and posted the same day?
MARY HULL: Yes.
MS. DUGAN: And so these would be the three checks that were deposited after March 31st?
MARY HULL: Yes.
MS. DUGAN: On this, the date — do these three dates reflect the dates on those checks written?
MARY HULL: Yes, written.
MS. DUGAN: And these would be the dates that Magbanua posted them to her account?
MARY HULL: That's correct.
MS. DUGAN: And the date range appears that her working period there were these three lines?
MARY HULL: That's right.
MS. DUGAN: Was — the last check deposited into her bank account dated on May 12th, 2016 and posted on May 17th of 2016?
MARY HULL: Yes.
MS. DUGAN: If Garcia was arrested on May 25th of 2016 and the last check to Magbanua was May 12th, did it appear that she did not receive any checks according to her records after he was arrested on May 25th?
MARY HULL: That's correct.
MS. DUGAN: What was the total net amount received by Magbanua from Adelson Institute from September 2014 to May 2016?
MARY HULL: The net amount that went into her account was $17,729.73.
MS. DUGAN: Okay. I want to ask you a little bit more about this timing. Are you familiar with what law enforcement called the bump on April 19th of 2016?
MARY HULL: I am.
MS. DUGAN: All right. Looking at these last three checks that were deposited into her account, was there evidence of a check later than those in sequence that was actually posted to the bank account before the bump on April 19th of 2016?
MARY HULL: Yes.
MS. DUGAN: Okay. Is that the check here to Harvey Adelson on April 4th?
MARY HULL: That's correct.
MS. DUGAN: And that would have been before the bump?
MARY HULL: It would.
MS. DUGAN: But after and in sequence of Magbanua's checks?
MARY HULL: Yes.
MS. DUGAN: So is it possible, given the sequence, that Donna Adelson stopped writing Magbanua checks after she was approached by the agent during the bump?
MARY HULL: It appears that way.
MS. DUGAN: Looking at Magbanua's income from 2013, how much cash did she deposit into her bank account for that year, the year before the murder of Dan Markel?
MARY HULL: $13,035.35.
MS. DUGAN: Looking at 2014, the year that Dan Markel was murdered, how much cash did she deposit into her account that year?
MARY HULL: $46,820.
MS. DUGAN: And were cash deposits the largest or the highest source of income for her that year?
MARY HULL: It was.
MS. DUGAN: And is that depicted here by the red part of the pie graph?
MARY HULL: It is.
MS. DUGAN: How much income, or how much percentage of her income, did she receive from Adelson Institute that year?
MARY HULL: Four percent.
MS. DUGAN: Okay. And that's depicted by the yellow portion of the pie chart?
MARY HULL: It is.
MS. DUGAN: And that was the year that she started receiving paychecks. The first one posted to her account was in the beginning of October.
MARY HULL: Correct.
MS. DUGAN: Okay. And then she received them every two weeks after that for the rest of the year. Is that right?
MARY HULL: That's right.
MARY HULL: Correct.
MS. DUGAN: Combined with Adelson Institute, was 68% of her income from either Adelson Institute or cash deposits that year?
MARY HULL: Yes.
MS. DUGAN: Moving on to 2015, the year after Dan Markel's murder, what was the total amount of cash deposits for that year?
MARY HULL: $26,523.77.
MS. DUGAN: Was that about 51% of her income?
MARY HULL: It is.
MS. DUGAN: Was about 20% of her total income from Adelson Institute that year, at a little over $10,000?
MARY HULL: Yes.
MS. DUGAN: And a little over $5,000, at 10% of her income, was her income from Dr. Obed's dermatology practice.
MARY HULL: It was.
MS. DUGAN: Okay. And he was Charlie Adelson's roommate?
MARY HULL: That's right. They were good friends.
MS. DUGAN: Okay, so about 80 — is that about 81% of her total income was from Adelson Institute, cash, or an Adelson friend, Dr. Obed, that year?
MARY HULL: Yes.
MS. DUGAN: Looking at 2016, how does the amount of cash she deposited that year — this is now two years after the murder of Dan Markel and the year that the bump took place in April, the first part of that year — how do her cash deposits compare that year to the two previous years?
MARY HULL: Um, it's eleven thousand nine hundred twenty-one dollars and thirty-three cents.
MS. DUGAN: So significantly less?
MARY HULL: Yes.
MS. DUGAN: And — same for Adelson Institute, she stopped receiving checks in April or May of that year according to her bank account?
MARY HULL: That's right.
MS. DUGAN: What do we see here? So this is a visual depiction of the cash that went into her accounts by year. And did you track every single one of her cash deposits from 2013 to 2016?
MARY HULL: I did.
MS. DUGAN: Which year, looking at 2013 to 2016, had the most cash deposits?
MARY HULL: The year of the murder, 2014.
MS. DUGAN: Was 2014 about three times as much as the prior year?
MARY HULL: Yes.
MS. DUGAN: And about twice as much as the next year?
MARY HULL: Yes.
MS. DUGAN: What do the graphs at the bottom represent?
MARY HULL: It's just another visual depiction, a circular graph of the cash.
MS. DUGAN: How much cash — how much the cash was as a percentage of her total income?
MARY HULL: Yes.
MS. DUGAN: How much of a percentage of her total income the cash was?
MS. DUGAN: And it was the highest source of her income in 2014 and 2015?
MARY HULL: Yes.
MS. DUGAN: What do we see here?
MARY HULL: This is adding on the other Adelson Institute checks that are in the yellow highlights, and then Dr. Obed, his roommate, was in the purple.
MS. DUGAN: Showing the total amounts from all those sources and then the percentage of her income all of those sources were?
MARY HULL: Yes.
MS. DUGAN: You said that 2014 was the year that Magbanua had the most amount of cash deposited into her account. What does this graph depict?
MARY HULL: So this is a line graph showing the level of cash for each month, and then the dots are connected by a line for you to have the visual representation.
MS. DUGAN: And was the month in 2014 that she had the most cash deposited into her account August? It was the month after Dan Markel was murdered?
MARY HULL: Yes.
MS. DUGAN: And the second and third highest month, October and July?
MARY HULL: That's right.
MS. DUGAN: That would be the same month that she started receiving income from Adelson Institute, and the same month as her breast augmentation in October for number two?
MARY HULL: Yes.
MS. DUGAN: And number three being the month of the murder of Dan Markel?
MARY HULL: Yes.
MS. DUGAN: When you compared 2014 to the amount of cash she received in all three years, were those three months still the highest amounts of cash she received in all three years?
MARY HULL: Yes.
MS. DUGAN: August, October, and July of 2014?
MARY HULL: That's correct.
MS. DUGAN: Okay, so this is all of the cash she received depicted by the bar graph for all three years?
MARY HULL: It is.
MS. DUGAN: What do we see here?
MARY HULL: So this is a composite graph showing both her employment — the horizontal bars show her employment — and the line graph showing the cash deposits that went into her account. It kind of just represents that she was receiving cash when she was not being employed.
MS. DUGAN: Okay, so these bars are the employment chart that we already saw, right?
MARY HULL: Yes.
MS. DUGAN: The red is all of the cash she received throughout those three years?
MARY HULL: Yes.
MS. DUGAN: Okay, and then is this black line the date of the murder of Dan Markel?
MARY HULL: It is.
MS. DUGAN: And this other black line the date of the bump?
MARY HULL: That's right.
MS. DUGAN: What was the amount of cash deposits in the year before Dan Markel's murder of Katherine Magbanua?
MARY HULL: The year before was $15,600.
MS. DUGAN: And what were the total cash deposits in the 12 months after the murder?
MARY HULL: Twelve months after was $44,963.
MS. DUGAN: So about three times as much as the year before?
MARY HULL: Yes.
MS. DUGAN: What is this cash spike?
MARY HULL: The cash spike was August: $13,200.
MS. DUGAN: And that was the most cash she received?
MARY HULL: All in one month, yes.
MS. DUGAN: Is there any record of her being employed when she had that cash spike in August of 2014?
MARY HULL: No.
MS. DUGAN: And how much did she deposit in the six weeks after Markel's murder?
MARY HULL: She deposited $17,300.
MS. DUGAN: And that was during a time when there's no record of employment, and there's a break in these bar graphs?
MARY HULL: That's correct.
MS. DUGAN: And the next bar graph is her income from Adelson Institute?
MARY HULL: It is.
MS. DUGAN: And then the month after that is the breast augmentation in October?
MARY HULL: Yes.
MS. DUGAN: Okay. You told us earlier that you analyzed Adelson Institute along with the bank account records of Donna, Harvey, Charlie, and Wendi Adelson.
MS. DUGAN: Well, first, I want to show you a contract that's been shown to defense, for the purchase by Wendi Adelson of a home — I won't say the whole address, but on Whittendale Drive in Tallahassee. Okay, and what date did she sign this to purchase this home?
MARY HULL: October 24th, 2013.
MS. DUGAN: Okay, so she signed the contract about a week before Halloween of 2013.
MARY HULL: Yes.
MS. DUGAN: Okay, and how much was the purchase price of this home?
MARY HULL: It's listed as $371,000.
MS. DUGAN: Did Wendi Adelson have the means in her account to pay for a down payment for this home on Whittendale?
MARY HULL: Yes.
MS. DUGAN: Would it have been a real financial stretch for her to do that, or was she able to do that comfortably?
MARY HULL: She could do that comfortably, for sure.
MS. DUGAN: Did each of these members of the Adelson family — and when I say members, I mean Donna Adelson, Harvey Adelson, Charlie Adelson, and Wendi Adelson — have the means in their respective accounts in 2013 to pay the million-dollar bribe that was discussed in the messages?
MARY HULL: Yes.
MS. DUGAN: Did each of the members of the Adelson family have the means in their respective accounts in 2014 to pay the 130-something — let's just say $140,000 — given to Garcia, Magbanua, and Rivera?
MARY HULL: Yes.
MS. DUGAN: Did Charlie Adelson have the means in his account to pay for all of the different benefits and gifts that he gave to or offered Katherine Magbanua over the years from 2014 to 2016?
MARY HULL: Yes.
MS. DUGAN: And when I say means in their account, is that money that's available for withdrawal? I'm not talking about homes or properties or cars or other assets.
MARY HULL: Yes, that's correct.
MS. DUGAN: Okay. Okay.
MS. DUGAN: And would that amount — would those means obviously not include cash that is not deposited in any bank, right?
MARY HULL: That's right. We wouldn't know that amount.
MS. DUGAN: Right. Based on your review of Adelson Institute's records and messages in this case, did the Adelsons prefer to be paid in cash for their services at Adelson Institute, or did they prefer a credit card or check?
MARY HULL: It appeared that they preferred cash.
MS. DUGAN: Okay. Were there lots of messages where they discuss giving discounts for cash, certain clients being willing to pay cash, and that being preferred?
MARY HULL: Yes.
MS. DUGAN: Are these just some of the examples?
MARY HULL: Just some of them, yes.
MS. DUGAN: Were there messages in the Adelson family's records where they discuss having cash and how they store their cash?
MARY HULL: Yes.
MS. DUGAN: I want to turn your attention to this text message we see here on the screen.
MS. DUGAN: Can you read these messages to us? These are from 2011, but what I'm looking for here is dimensions of cash and how the cash is kept. If you could read those for us.
MARY HULL: Okay. So the first block is from Donna, says: "Good morning, Charlie. I need to take 25,000 from your office checkbook and put it in dad's office checkbook in order to break even this month. Can we do that? Do you have enough money in your office account for us to write that check? If you do, then dad will move 25,000 in cash in the safe into your pile. Please let me know as soon as possible so dad can take care of it today. You can call, I am home, or text me, whatever is best for you. I love you, honey. Mom." And he says, "No problem." He says, "No problem."
MS. DUGAN: Okay, so here, do they discuss having large amounts of cash and keeping it in piles in a safe?
MARY HULL: Yes.
MS. DUGAN: Were there other messages besides this one in the records where they discuss cash being in the safe or piles in the safe?
MARY HULL: Yes.
MS. DUGAN: Is this just one example?
MARY HULL: Yes.
MS. DUGAN: And as we talked about earlier, is it common for Donna Adelson to move money around between the Adelson family accounts?
MARY HULL: Yes.
MS. DUGAN: And does this safe appear to be at a place where Donna Adelson would have access to it or control of it?
MS. DUGAN: An answer based on your review of the records, if you are capable of making this call.
MARY HULL: Could you restate the question?
MS. DUGAN: From the messages here, does the safe appear to be in a place where Donna Adelson would have access to it or control of it?
MARY HULL: Yes.
MS. DUGAN: Just a second.
MS. DUGAN: Thank you.
JUDGE EVERETT: Cross-examination.
MS. FULFORD: A bit of testimony. I only have a few questions, okay?
MARY HULL: Okay.
MS. FULFORD: What credit card account statements did you review in your analysis for Donna and/or Harvey Adelson?
MARY HULL: I believe there was only two. An American Express and a Capital One.
MS. FULFORD: Two different credit cards.
MS. FULFORD: An Amex and Capital One?
MARY HULL: Yes, ma'am.
MS. FULFORD: The car that you were referring to that had previously been in Harvey Adelson's name, that shows that Katherine Magbanua paid $1,700 for — you didn't find bank account transactions for that, but that could have been a cash transaction, correct?
MARY HULL: That's correct.
MS. FULFORD: And it was a 15-year-old car, right?
MARY HULL: Yes.
MS. FULFORD: And it had over 150,000 miles on it, right?
MARY HULL: I'd have to look, but I think you're right.
MS. FULFORD: Would you like to look?
MS. FULFORD: If you want me to be exact.
MARY HULL: I just want to make sure I'm not — I can't testify, so I need to make sure that you do.
MARY HULL: Sure, hold on.
MARY HULL: It says the odometer was 17,058 miles.
MS. FULFORD: Ma'am, I think that's the original last time it had been checked. The mileage at the time of the transfer would be down lower on the bottom.
MARY HULL: Oh, my. I can't hardly see it from this one.
MARY HULL: It's either 140,000 or 160,000.
MS. FULFORD: Okay. Thank you.
MS. FULFORD: Now, we saw the slide where Charlie Adelson was talking about cash discounts for his travel periodontist work that he was doing for different dentists, correct?
MARY HULL: Yes.
MS. FULFORD: Are you aware from your analysis that the cash discount that was offered at Adelson Institute was simply the same amount as what they would be charged if someone used a credit card for the fee — a 5%? So the difference in the discount was, if you paid by cash or check, so there wasn't a credit card fee, they gave them a 5% reduction.
MARY HULL: There was no explanation in the text messages to say why there was a discount for cash.
MS. FULFORD: Okay. And you can't say what their deposits were in cash at Adelson Institute, correct?
MARY HULL: I don't recall.
MS. FULFORD: Okay. Okay.
MS. FULFORD: And you mentioned that sometime in 2016, Harvey, for Adelson Institute — the business that we're discussing — became a manager in 2016, correct?
MARY HULL: I believe you are correct, but I'll look at the date.
MARY HULL: Harvey becomes manager in July of 2016.
MS. FULFORD: Okay. And you would agree with me that there's a difference between being a manager and being an owner, right?
MARY HULL: Yes.
MS. FULFORD: And it wasn't until 2020 that Harvey actually became the owner of the business again, according to the records that you reviewed. Is that right?
MARY HULL: That's correct.
MS. FULFORD: Just one moment.
MS. FULFORD: Nothing further.
JUDGE EVERETT: Any redirect examination?
MS. DUGAN: Yes, sir.
JUDGE EVERETT: You may proceed.
MS. DUGAN: Defense counsel asked if the cash discounts mentioned in the text messages were from Charlie's traveling periodontist work — and the cash discounts in those messages were also sent from Adelson Institute employees here that you saw listed in the Adelson Institute payroll?
MARY HULL: It is.
MS. DUGAN: The only other thing I had was: on direct you mentioned that Harvey Adelson was taken off as manager in 2012. He continued working there as a dentist, but then on October 2nd of 2015 he became manager again. Is that correct?
MARY HULL: Yes, that's correct.
MS. DUGAN: Okay. And then in 2016 — so in 2015, were Harvey and Charlie both managers?
MARY HULL: That's correct.
MS. DUGAN: Okay. In October of 2015?
MARY HULL: Yes.
MS. DUGAN: But then in 2016 — July of 2016 — only Harvey's a manager then at that point. Charlie has now dropped off to a registered agent.
MARY HULL: That's right.
MS. DUGAN: And these are on their articles of incorporation?
MARY HULL: Yes.
MS. DUGAN: Okay. They could still be both working there as dentists and have their own understanding of their role in the practice, but we're talking about what's listed on the articles of incorporation, right? Okay. So it went from Harvey and Charlie both being managers in October of 2015. Magbanua was still getting checks through the spring of 2016. And then after the arrest in 2016, Harvey Adelson becomes manager in July. Charlie is now a registered agent.
MARY HULL: That's right.
MS. DUGAN: Okay. Thank you.
JUDGE EVERETT: You may step down. Will this witness be recalled?
MS. DUGAN: I don't plan to, Judge, but if she could just remain under the rule just in case, she can go about her business.
JUDGE EVERETT: Very well. Please do not discuss with anyone else the substance of your testimony. You may step down.
MARY HULL: Thank you.
JUDGE EVERETT: Do any of the jurors need to take a restroom break? The bailiff will take you to the jury room.
JUDGE EVERETT: We'll resume with the next witness at 2:25.
JUDGE EVERETT: If Mrs. Adelson needs to use the restroom, that would be the time.
BAILIFF: Court is in session.
JUDGE EVERETT: Yeah, I'm ready when they are.
JUDGE EVERETT: Everyone can be seated. I know that they're still using the bathroom. Are you ready when they're ready?
JUDGE EVERETT: Miss Cappleman, who will be the next witness?
MS. CAPPLEMAN: Ms. Lebredo.