5.Brian Kendall — Direct/Cross
65 linesMS. CAPPLEMAN: State calls Special Agent Brian Kendall.
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?
JAMES KEITH MCELVEEN: Yes, sir.
JUDGE EVERETT: You may take your seat.
JAMES KEITH MCELVEEN: Thank you.
JUDGE EVERETT: Please speak loudly and clearly.
whereupon, BRIAN KENDALL was called as a witness, having been first duly sworn, was examined and testified as follows:
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Sir, please introduce yourself and spell your name.
BRIAN KENDALL: Hi, good afternoon. My name is Brian Kendall, B-R-I-A-N, K-E-N-D-A-L-L.
MS. CAPPLEMAN: How are you employed, sir?
BRIAN KENDALL: I am currently employed at a private investment firm.
MS. CAPPLEMAN: what about back in April of 2016?
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.
MS. CAPPLEMAN: As part of your work with the federal task force, did you participate in a surveillance operation involving a charlie Adelson?
BRIAN KENDALL: Yes, I did.
MS. CAPPLEMAN: was the surveillance that you conducted of Mr. Adelson related to a wiretap that was happening simultaneously with your part in the investigation?
BRIAN KENDALL: That's correct.
MS. CAPPLEMAN: what is it that you were asked to do?
BRIAN KENDALL: I was asked to surreptitiously record Mr. Adelson at a restaurant on the night, I believe, was April 20, 2016.
MS. CAPPLEMAN: How about April 21st, 2016?
BRIAN KENDALL: The 21st; correct.
MS. CAPPLEMAN: And who was Mr. Adelson meeting with at that restaurant?
BRIAN KENDALL: His father, Mr. Harvey Adelson.
MS. CAPPLEMAN: And was that the Matsuri restaurant?
BRIAN KENDALL: Yes. A sushi restaurant in Miami.
MS. CAPPLEMAN: what equipment was used when you went in to record?
BRIAN KENDALL: I had a covert surveillance recording device that recorded in audio and video.
MS. CAPPLEMAN: How covert was it?
BRIAN KENDALL: It wasn't the most sophisticated device. would you like me to describe it?
MS. CAPPLEMAN: Yes, please.
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.
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?
BRIAN KENDALL: Yeah. So when I entered the restaurant, I saw Mr. Charles 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.
MS. CAPPLEMAN: Okay. And what does it mean to get made?
BRIAN KENDALL: Obviously when you get made, they identify who you are, and they know you are up to -- maybe they identify that you are law enforcement or they know what you are doing.
MS. CAPPLEMAN: And do you think that might have happened on this effort?
BRIAN KENDALL: I think it was pretty obvious that my actions were probably a little suspicious to them; correct.
MS. CAPPLEMAN: Have you had an opportunity to review the recording from your messenger bag device, State's Exhibit 131?
BRIAN KENDALL: Yes.
MS. CAPPLEMAN: And is that a fair and accurate recording of what was captured from your device that day?
BRIAN KENDALL: Yes, it is.
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?
BRIAN KENDALL: Yes. I didn't -- I never even -- other than authenticating it, I never reviewed it.
MS. CAPPLEMAN: All right. Move into evidence State's 131, Your Honor.
JUDGE EVERETT: Any objection?
MS. FULFORD: No objection.
JUDGE EVERETT: State's 131 is admitted.
(State's Exhibit 131 received in evidence.)
MS. CAPPLEMAN: No further questions, Judge.
JUDGE EVERETT: Cross-examination?
MS. FULFORD: No questions.
JUDGE EVERETT: You may step down.
will this witness be recalled by either party?
MS. CAPPLEMAN: No, Your Honor.
JUDGE EVERETT: You are released, sir.
BRIAN KENDALL: Thank you.
JUDGE EVERETT: Please approach.
(Following proceeding held at sidebar.)
JUDGE EVERETT: Do you have anyone else on tap for today?
MS. CAPPLEMAN: I do, Judge. I can start with the next witness. we won't finish him today, but Pat Sanford is available, and we can start his testimony.
JUDGE EVERETT: Does he need a few minutes to get here?
MS. CAPPLEMAN: No, he's available.
MS. FULFORD: You are not going to finish with him today?
MS. CAPPLEMAN: No.
(Sidebar concluded.)