3.Ryan Fitzpatrick — Direct/Cross
130 linesJUDGE EVERETT: Please call your next witness.
(witness exits.)
MS. CAPPLEMAN: State calls Ryan Fitzpatrick.
(witness enters.)
JUDGE EVERETT: Please raise your right hand, sir.
JUNE UMCHINDA: Yes, Sir.
whereupon, RYAN FITZPATRICK was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE EVERETT: You may take your seat.
RYAN FITZPATRICK: Thank you.
JUDGE EVERETT: Please speak loudly and clearly.
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Sir, please introduce yourself and spell your name.
RYAN FITZPATRICK: Ryan Fitzpatrick, R-Y-A-N, F-I-T-Z-P-A-T-R-I-C-K.
MS. CAPPLEMAN: Sir, do you know the Defendant in this case, Donna Adelson?
RYAN FITZPATRICK: Yes, ma'am.
MS. CAPPLEMAN: How do you know her?
RYAN FITZPATRICK: She was Charlie's mother.
MS. CAPPLEMAN: Okay. Were you friends with Charlie?
RYAN FITZPATRICK: Yes, ma'am.
MS. CAPPLEMAN: what was the time frame that you-all were friends?
RYAN FITZPATRICK: Probably 2013-2014 to 2019-2020. I can't really...
MS. CAPPLEMAN: Okay. And during the time y'all were friends, were you, like, best friends, acquaintances?
RYAN FITZPATRICK: we were very close. Yes, ma'am.
MS. CAPPLEMAN: Close friends. And based on your knowledge of Charlie Adelson, was he really close with his mother, Donna Adelson.
RYAN FITZPATRICK: Yes, ma'am.
MS. CAPPLEMAN: And also with his sister, wendi?
RYAN FITZPATRICK: Yes, ma'am.
MS. CAPPLEMAN: Okay. How did they feel about Dan Markel, if you know?
MS. FULFORD: I'm going to object. No -- they haven't laid a foundation as to which person. They doesn't describe anything related to my client.
JUDGE EVERETT: we don't do speaking objections. Please sit down. Sustained.
MS. CAPPLEMAN: I will reask the question.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: How did Donna Adelson feel about Dan Markel?
RYAN FITZPATRICK: Didn't like Dan.
MS. CAPPLEMAN: Okay. And, Charlie, did he have a lot of girlfriends?
RYAN FITZPATRICK: Yes, ma'am.
MS. CAPPLEMAN: And was Katherine Magbanua one of those girlfriends?
RYAN FITZPATRICK: Yes, ma'am. She was.
MS. CAPPLEMAN: Is that somebody that you ever met or hung out with?
RYAN FITZPATRICK: I believe once or twice in passing but didn't -- you know, like I've testified before, didn't pay any attention to Charlie's girlfriends.
MS. CAPPLEMAN: Okay. So she didn't stand out to you as anything special among the crowd?
RYAN FITZPATRICK: May have looked like the others, but, no, didn't stand out to me at all.
MS. CAPPLEMAN: Okay. Are you familiar with Charlie Adelson's practice of how he keeps his cash?
RYAN FITZPATRICK: Yes, ma'am. I am.
MS. CAPPLEMAN: And how is that?
RYAN FITZPATRICK: Stapled money, ten 100s equals a thousand. I've been paid by stapled money by Charlie Adelson before. That's how I know.
MS. CAPPLEMAN: Okay. And when the murder of Dan Markel occurred, was that during the time frame that you were really close with Charlie Adelson?
RYAN FITZPATRICK: No, ma'am. It was prior to us growing closer as friends.
MS. CAPPLEMAN: Okay. when you did grow closer as friends, did Mr. Adelson mention the murder to you?
RYAN FITZPATRICK: It wasn't discussed. Dan wasn't a topic of discussion. There was no, like -- nobody -- it was odd because it wasn't.
MS. CAPPLEMAN: Okay. So you were aware of it, that it happened.
RYAN FITZPATRICK: Yes, ma'am. It was...
MS. CAPPLEMAN: Okay. But nobody talked about it.
RYAN FITZPATRICK: No, ma'am.
MS. CAPPLEMAN: Okay. And are you familiar with the law enforcement operation that's been referenced as the bump, where Donna Adelson was approached on the street?
RYAN FITZPATRICK: Yes, ma'am. I am.
MS. CAPPLEMAN: Okay. And did Charlie Adelson talk to you about the bump, his mom --
RYAN FITZPATRICK: Yes, ma'am.
MS. CAPPLEMAN: -- being approached?
Okay. And prior to that, had Charlie Adelson ever mentioned being harassed or extorted or anything like that?
RYAN FITZPATRICK: No, ma'am.
MS. CAPPLEMAN: Okay. So when this happened with his mother, was he -- did his demeanor change? How was he acting about this incident?
RYAN FITZPATRICK: Charlie became agitated, nervous, anxiety. I guess looking back now, guilty. Just abnormal.
MS. CAPPLEMAN: Okay. Did he ever make a statement to you about murder?
RYAN FITZPATRICK: He made the statement at one time that you could get away with anything if you keep your mouth shut and implied murder.
MS. CAPPLEMAN: All right. After the arrest that occurred in this case -- and I'm referencing the three suspects that were arrested prior to him. Did that impact his behavior, demeanor around you?
RYAN FITZPATRICK: when the others were arrested?
MS. CAPPLEMAN: when the other arrests occurred, yeah.
RYAN FITZPATRICK: Yes, ma'am. It -- you know, it -- that behavior continued to increase.
MS. CAPPLEMAN: Okay. So he was anxious, would you say?
RYAN FITZPATRICK: More needy. Charlie talked a lot. And he --
MS. CAPPLEMAN: In general?
RYAN FITZPATRICK: -- talked a lot about it. Yes, ma'am.
MS. CAPPLEMAN: Okay. And he talked a lot about what, those arrests?
RYAN FITZPATRICK: Charlie would talk about something repeatedly, almost to help himself believe something or to talk to you until you were -- he was blue in the face until you are almost so tired of hearing it that you were like, oh, okay, and you believed it. But --
MS. CAPPLEMAN: Okay.
RYAN FITZPATRICK: -- it was nauseating. It gets tiring.
MS. CAPPLEMAN: He was a talker.
RYAN FITZPATRICK: Yes, ma'am.
MS. CAPPLEMAN: All right. Is it fair to say that Charlie was not stressed out at all about the murder or anything related to this case prior to that law enforcement operation?
RYAN FITZPATRICK: From my understanding, yes, ma'am.
MS. CAPPLEMAN: And after that operation, based on your observations of him, he became very upset and worried about this case.
RYAN FITZPATRICK: Yes, ma'am.
MS. CAPPLEMAN: No further questions.
JUDGE EVERETT: Cross-examination.
MS. FULFORD: One moment, please.
(off-the-record discussion.)
CROSS- EXAMINATION BY MS. FULFORD:
MS. FULFORD: Morning, sir.
RYAN FITZPATRICK: Good morning.
MS. FULFORD: I've never met you, but we spoke on the phone once, and then you did a deposition; do you recall that?
RYAN FITZPATRICK: Yes, ma'am. I do.
MS. FULFORD: The deposition was recently. I think August the 14th; do you recall that?
RYAN FITZPATRICK: Yes, ma'am.
MS. FULFORD: I think you appeared by video.
RYAN FITZPATRICK: Yes, ma'am.
MS. FULFORD: Right? Okay. when you gave your deposition, you indicated that you barely know Donna Adelson, correct?
RYAN FITZPATRICK: I didn't know her like I knew Charlie. No, ma'am.
MS. FULFORD: And you've been around her many times.
RYAN FITZPATRICK: Yes, ma'am.
MS. FULFORD: And she was always nice to you.
RYAN FITZPATRICK: very nice.
MS. FULFORD: She and Harvey were pleasant to be around.
RYAN FITZPATRICK: very pleasant.
MS. FULFORD: You knew Charlie very well, as you've testified.
RYAN FITZPATRICK: Yes, ma'am.
MS. FULFORD: And you were friends.
RYAN FITZPATRICK: (Nods head.)
MS. FULFORD: Correct?
RYAN FITZPATRICK: Yes, ma'am.
MS. FULFORD: But that ended, didn't it?
RYAN FITZPATRICK: Yes, ma'am.
MS. FULFORD: And it was an ugly ending.
RYAN FITZPATRICK: Yes, ma'am.
MS. FULFORD: Okay. You said you were very good friends with Charlie. Were you familiar with the cash that he kept in his house?
RYAN FITZPATRICK: Yes, ma'am.
MS. FULFORD: Did he keep it stapled?
RYAN FITZPATRICK: Yes, ma'am.
MS. FULFORD: In hundred-dollar bills, ten of them, so a thousand at a time?
RYAN FITZPATRICK: Yes, ma'am.
MS. FULFORD: Had a safe in his house, and that's where he kept his money, correct?
RYAN FITZPATRICK: Yes, ma'am.
MS. FULFORD: Kind of had some issues -- I think my cocounsel was asking you some questions in your deposition. But bottom line is you have a feeling and that it -- you say that it's known that the Adelsons didn't like Dan Markel. But you couldn't give us a specific comment in your deposition that Donna Adelson ever made. It's just well known, correct?
RYAN FITZPATRICK: It was implied. Yes, ma'am.
MS. FULFORD: Thank you. No further questions.
JUDGE EVERETT: Redirect examination?
MS. CAPPLEMAN: No, Your Honor.
JUDGE EVERETT: You may step down.
will the witness be recalled at any time?
MS. CAPPLEMAN: No, Your Honor.
JUDGE EVERETT: You are released, sir. Have a good day.
(witness exits.)