Brian Kendall, a Plantation police officer assigned to a federal task force, testifies about carrying a covert audio-video recording device into the Matsuri sushi restaurant in Miami on April 21, 2016, and sitting beside Harvey Adelson at the bar to capture conversation. He authenticates State's Exhibit 131, which is admitted without objection. The defense waives cross-examination and Kendall is released.

Day 5 →

Proceedings

Direct Brian Kendall - Direct Line 1

Cross Brian Kendall - Cross (Waived) Line 45

Direct Brian Kendall Georgia Cappleman

1 7:02:05

JUDGE EVERETT: Please call your next witness.

2 7:02:36

JUDGE EVERETT: Please raise your right hand to be sworn. Do you swear or affirm the testimony you're about to give will be the truth?

3 7:02:41

BRIAN KENDALL: Yes, sir.

4 7:02:41

JUDGE EVERETT: You may take your seat.

5 7:02:42

BRIAN KENDALL: Thank you.

6 7:02:43

MS. CAPPLEMAN: Please speak loudly. Spell your name.

7 7:02:49

BRIAN KENDALL: Hi, good afternoon. My name is Brian Kendall. B-R-I-A-N, K-E-N-D-A-L-L.

8 7:02:56

MS. CAPPLEMAN: How are you employed, sir?

9 7:02:57

BRIAN KENDALL: I'm currently employed at a private investment firm.

10 7:03:00

MS. CAPPLEMAN: What about back in April of 2016?

11 7:03:03

BRIAN KENDALL: At that time, I worked as a police officer for the city of Plantation, and I was also assigned to a federal task force.

12 7:03:10

MS. CAPPLEMAN: As part of your work with the federal task force, did you participate in a surveillance operation involving a Charlie Adelson?

13 7:03:18

BRIAN KENDALL: Yes, I did.

14 7:03:19

MS. CAPPLEMAN: All right. Was the surveillance that you conducted of Mr. Adelson related to a wiretap that was happening simultaneously with your part in the investigation?

15 7:03:27

BRIAN KENDALL: That's correct.

16 7:03:28

MS. CAPPLEMAN: What is it that you were asked to do?

17 7:03:31

BRIAN KENDALL: I was asked to surreptitiously record Mr. Adelson at a restaurant on the night — I believe it was April 20th, 2016.

18 7:03:44

MS. CAPPLEMAN: How about April 21st?

19 7:03:46

BRIAN KENDALL: 21st, correct.

20 7:03:47

MS. CAPPLEMAN: Okay. And who was Mr. Adelson meeting with at that restaurant?

21 7:03:51

BRIAN KENDALL: His father, Mr. Harvey Adelson.

22 7:03:53

MS. CAPPLEMAN: Okay. And was that the Matsuri restaurant?

23 7:03:55

BRIAN KENDALL: Yes, a sushi restaurant in Miami.

24 7:03:58

MS. CAPPLEMAN: What equipment was used when you went in to record?

25 7:04:03

BRIAN KENDALL: I had a covert surveillance recording device that recorded in audio and video.

26 7:04:09

MS. CAPPLEMAN: How covert was it?

27 7:04:11

BRIAN KENDALL: It wasn't the most sophisticated device. Would you like me to describe it?

28 7:04:15

MS. CAPPLEMAN: Yes, please.

29 7:04:16

BRIAN KENDALL: It almost looked like what they call now a man bag, or a large bag that had a hidden recorder and video equipment inside of it.

30 7:04:16

MS. CAPPLEMAN: And was there any sort of strategic problem with using that sort of messenger-style bag under the circumstances inside this particular restaurant?

31 7:04:37

BRIAN KENDALL: Yes. So when I entered the restaurant, I saw Mr. Charlie Adelson and Mr. Harvey Adelson sitting at the sushi bar. There was an unoccupied stool next to Mr. Harvey Adelson, so I took a position directly next to Mr. Harvey Adelson. Because it was extremely loud in the restaurant, I put the bag directly on the sushi bar between myself and Mr. Harvey Adelson.

32 7:04:37

MS. CAPPLEMAN: Okay. And what does it mean to get made? Obviously, when you get made, they identify who you are and they know what you're up to — maybe they identify that you're law enforcement, or they know what you're doing. And do you think that might have happened on this effort?

33 7:05:16

BRIAN KENDALL: I think it was pretty obvious that my actions were probably a little suspicious to them, correct.

34 7:05:21

MS. CAPPLEMAN: Have you had an opportunity to review the recording from your messenger bag device, State's Exhibit 131?

35 7:05:29

BRIAN KENDALL: Yes.

36 7:05:30

MS. CAPPLEMAN: And is that a fair and accurate recording of what was captured from your device that day?

37 7:05:35

BRIAN KENDALL: Yes, it is.

38 7:05:35

MS. CAPPLEMAN: Okay. And as far as clarification of any audio that was present on that recording device, would you be responsible for that, or was that Mr. McElveen that we just heard from?

39 7:05:45

BRIAN KENDALL: Yes — I didn't... I never even, other than authenticating it, I've never reviewed it.

40 7:05:50

MS. CAPPLEMAN: All right. Moving to evidence State's 131, Your Honor.

41 7:05:53

JUDGE EVERETT: Any objection?

42 7:05:54

MS. FULFORD: No objection.

43 7:05:55

JUDGE EVERETT: State's 131 is admitted.

44 7:05:56

MS. CAPPLEMAN: No further questions, Judge.

Cross Brian Kendall Jackie L. Fulford

45 7:05:58

JUDGE EVERETT: Cross-examination.

46 7:06:00

MS. FULFORD: No questions.

47 7:06:02

JUDGE EVERETT: You may step down.

48 7:06:03

JUDGE EVERETT: Will this witness be recalled by either party?

49 7:06:06

MS. CAPPLEMAN: No, Your Honor.

50 7:06:07

JUDGE EVERETT: You are released, sir.

51 7:06:08

BRIAN KENDALL: Thank you.

52 7:06:10

JUDGE EVERETT: Please approach.

Insights

Direct Brian Kendall

Former FBI task force officer authenticates the April 21, 2016 Matsuri restaurant covert recording of Charlie Adelson dining with his father Harvey Adelson; State's Exhibit 131 admitted without objection.

Case Significance

Kendall's testimony completes the authentication chain for State's Exhibit 131, the Matsuri covert recording of Charlie Adelson and his father Harvey Adelson — a piece of the prosecution's April 2016 FBI wiretap operation. His acknowledgment that his cover was likely blown is a minor point the defense may use to contextualize the subjects' behavior on the recording.

Authenticates State's Exhibit 131, admitted without objection
Corroborates the April 2016 FBI surveillance operation against the Adelsons
Candid admission that subjects likely identified him as surveillance

Highlights

Testimony

Kendall describes placing the concealed recording bag on the sushi bar directly between himself and Harvey Adelson to compensate for restaurant noise, then acknowledges his positioning was probably suspicious enough that Charlie and Harvey Adelson may have identified him as surveillance.

“I think it was pretty obvious that my actions were probably a little suspicious to them, correct.”

— Brian KendallKendall acknowledges on direct examination that his surveillance positioning was likely detected by the subjects — an unusual concession that defense can use to argue the Adelsons may have been performing for an audience rather than speaking candidly.Evidence

State's Exhibit 131 — the Matsuri restaurant covert recording — admitted without defense objection.

People Mentioned

Charlie Adelson Harvey Adelson

Locations Mentioned

Matsuri

Evidence Mentioned

State's 131

Deep Analysis

Evidentiary Or Procedural Notes

State's 131 admitted without objection

Defense offered no objection to the Matsuri covert recording; authentication rested solely on Kendall's identification of it as a fair and accurate record from his device.

Notable Admissions

Likely identified as surveillance

Kendall concedes on direct that his placement of the bag on the sushi bar was probably suspicious enough that Charlie and Harvey Adelson detected the surveillance, undermining the assumption that Exhibit 131 captured unguarded conversation.

Testimony Themes

FBI physical surveillance of Charlie and Harvey Adelson

Kendall describes positioning himself at the Matsuri sushi bar beside Harvey Adelson to covertly capture Charlie Adelson's conversation — part of a coordinated operation running alongside an active wiretap.

Witness Role And Importance

Witness Role And Importance

Former Plantation police officer and federal task force member who conducted physical surveillance at Matsuri restaurant on April 21, 2016. His function in this proceeding is to authenticate State's Exhibit 131, the covert recording of Charlie Adelson dining with his father Harvey Adelson. Testimony is brief and foundational; audio enhancement of the same exhibit was handled by McElveen, who testified immediately before.

Cross Brian Kendall

Defense waives cross-examination of FBI task force officer Brian Kendall; witness is released without recall.

Case Significance

Waived cross with no contested testimony; no impact on the record beyond releasing the witness.

Defense offered no cross-examination
Witness released without recall

Deep Analysis

Witness Role And Importance

Witness Role And Importance

Brian Kendall authenticated the Matsuri restaurant covert recording (State's Exhibit 131) on direct. The defense declined to challenge his testimony, and he was released without recall.

Summary

Brian Kendall, a Plantation police officer assigned to a federal task force in April 2016, testifies about his role in a physical surveillance operation at Matsuri, a sushi restaurant in Miami. He entered the restaurant carrying a bag containing a covert audio-video recording device, located Charlie Adelson and Harvey Adelson at the sushi bar, and took the open stool beside Harvey Adelson, placing the bag on the bar between them to capture conversation over the loud ambient noise. Kendall acknowledges that his positioning was noticeable enough that the subjects may have identified him as surveillance. He authenticates State's Exhibit 131 as a fair and accurate recording from his device; audio clarification of that exhibit had been handled by the preceding witness. The exhibit is admitted without defense objection. The defense declines to cross-examine Kendall, and Judge Everett releases the witness.

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