3.Louis Bronstein — Direct/Cross
83 linesJUDGE EVERETT: Please call your next witness.
MS. CAPPLEMAN: The State calls Special Agent Bronstein.
JUDGE EVERETT: Please raise your right hand to be sworn, Special Agent.
Do you swear or affirm the testimony you're about to give will be the truth?
OSCAR JIMENEZ JR.: I do.
whereupon, LOUIS BRONSTEIN was called as a witness, having been first duly sworn, was +examined and testified as follows:
JUDGE EVERETT: You may take your seat. Please speak loudly and clearly. You can adjust the microphone if you need to.
You may examine when you're ready.
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Please say your name and spell your name.
LOUIS BRONSTEIN: Special Agent Louis Bronstein, L-O-U-I-S, + _B-R-O-N-S-T-E-I-N.
MS. CAPPLEMAN: How are you employed?
LOUIS BRONSTEIN: A special agent with the FBI.
MS. CAPPLEMAN: How were you employed back in April of 2016?
LOUIS BRONSTEIN: Special agent with the FBI.
MS. CAPPLEMAN: And did you participate in a surveillance operation on April 20th of that year involving Charlie Adelson?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: Was your involvement in that operation related to a wiretap that was happening simultaneous with the surveillance operation?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: what was your role in the operation?
LOUIS BRONSTEIN: That day I started off on physical surveillance of the undercover bump operation for officer safety purposes. And then for the remainder of the day, I was to be available ~=for surveillance as needed.
MS. CAPPLEMAN: Did you conduct some surveillance at a restaurant by the name of Dulce Vida in Miami?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: Where is that restaurant located?
LOUIS BRONSTEIN: North of Miami Beach. I don't remember the exact intersection.
MS. CAPPLEMAN: Sunny Isles Beach sound right?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: Are you -- I guess you said you did surveil the bump that took place earlier; right?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: Okay. And what was your objective at the Dolce vita restaurant?
LOUIS BRONSTEIN: Move towards the Dolce Vita restaurant with the intent of conducting physical and technical surveillance of the meeting inside. Upon arrival in the parking lot, I met up with a technical agent from the FBI and received surveillance equipment in a bag. And I made my way into the restaurant and got situated as close as I could to Charlie and Katie.
MS. CAPPLEMAN: Were some photographs taken of -- is it Charlie Adelson you are referencing and Katie -- Katherine Magbanua?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: Were some photographs taken of them outside the restaurant?
LOUIS BRONSTEIN: I believe so.
MS. CAPPLEMAN: Okay. was that before or after the meeting that you are referencing?
LOUIS BRONSTEIN: I don't know that I can speak to that. I was not doing photography at the time.
MS. CAPPLEMAN: All right. Let me just show you what I have marked as State's Exhibit 137 to 140. Are you able to recognize these exhibits as photos of those two that were taken outside the restaurant where you did your surveillance on the occasion we are talking about?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: Look through them and make sure they are all fair and accurate.
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: Judge, at this time I would ask to move into evidence 137 through 140.
JUDGE EVERETT: Any objection?
MS. FULFORD: No objection.
JUDGE EVERETT: State's 137 through 140 are admitted.
(State's Exhibits 137-140 received in evidence.)
MS. CAPPLEMAN: Publishing 137, publishing 138. Publishing 139, publishing 140.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: when you entered the restaurant, how close to the target subjects were you able to position yourself?
LOUIS BRONSTEIN: Say about 10 to 12 feet.
MS. CAPPLEMAN: So just at the next table?
LOUIS BRONSTEIN: So yeah. I want to say it would be the next table over, but there was possibly a span where there should have been a table, so I'm just estimating, based off recollection, it would be about 12 feet.
MS. CAPPLEMAN: And did the bag contain any video equipment?
LOUIS BRONSTEIN: I believe so.
MS. CAPPLEMAN: All right. So you were recording both video and audio of this restaurant conversation?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: Are you familiar with the equipment that was inside the bag there?
LOUIS BRONSTEIN: I had not seen it before that day. That was my first look at it.
MS. CAPPLEMAN: Did you understand how to operate it when you went into the restaurant to use it?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: So you were able to successfully capture that restaurant conversation with that equipment?
LOUIS BRONSTEIN: That's correct.
MS. CAPPLEMAN: Can you describe anything about their demeanor that you observed during this conversation?
LOUIS BRONSTEIN: It was tough to hear because of the air-conditioning system. Based on visual observation, body language, they were having a conversation with each other. They were paying attention to what each other was saying. I could not make out very many particular words except there was a moment where the AC was abnormally quiet for the restaurant, I did hear something, but it was a very small snippet of a sentence.
They maintained their conversation with each other. And throughout the duration of my sitting in there, I became less and less worried that they would notice me sitting nearby because they were paying very close attention to what each was saying.
MS. CAPPLEMAN: Okay. And have you had an opportunity to review the recordings that came out of the operation from that day?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: And are they fair and accurate recordings?
LOUIS BRONSTEIN: Yes.
MS. CAPPLEMAN: And I asked you the date, April 20th of ‘16, but I didn't ask you the time. Do you know the time that meeting occurred, time of day?
LOUIS BRONSTEIN: Afternoon around 3:45 to 4:00.
MS. CAPPLEMAN: And I asked you if you had an opportunity to review State's Exhibit 114.
MS. CAPPLEMAN: Judge, at this time, I would ask to move 114 into evidence.
JUDGE EVERETT: Any objection?
MS. FULFORD: No objection.
JUDGE EVERETT: State's 114 is admitted.
(State's Exhibit 114 received in evidence.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Any efforts to clarify the audio from that recording and try to take out some of that background noise, would that have anything to do with you, or would that be somebody else's job?
LOUIS BRONSTEIN: That's somebody else's work.
MS. CAPPLEMAN: All right. No further questions, Your Honor.
JUDGE EVERETT: Cross-examination?
MS. FULFORD: No questions.
JUDGE EVERETT: You may step down.
will he be recalled by either party?
MS. CAPPLEMAN: No, Your Honor.
MS. FULFORD: No, Your Honor.