Oscar Jimenez Jr. — Direct/Cross/Redirect
221 linesMS. CAPPLEMAN: ... this case on April 19th of 2016?
OSCAR JIMENEZ JR.: I was.
MS. CAPPLEMAN: Can you explain what the operation was?
OSCAR JIMENEZ JR.: My role in the operation was that —
MS. CAPPLEMAN: May I interrupt you for just one moment. May we approach, Your Honor?
JUDGE EVERETT: Yes.
OSCAR JIMENEZ JR.: ...so my role in the operation was of a gang member, and what I was instructed to do was to contact and bump Donna Adelson.
MS. CAPPLEMAN: What does "bump" mean?
OSCAR JIMENEZ JR.: A bump — a bump is a law enforcement operation during which an undercover agent or an undercover police officer would conduct a face-to-face meeting or encounter with a subject or a person of interest in an investigation.
OSCAR JIMENEZ JR.: And what we look for — the results we look to get — would be one or a combination of either: I would try to extract — where the undercover would try to extract information, or they would try to pass on information, or possibly set up a future meeting with the individual, or tickle a wire or a telephonic intercept — tickle the wire.
MS. CAPPLEMAN: In this case, was it an attempt to tickle a wire?
OSCAR JIMENEZ JR.: Yes, it was.
MS. CAPPLEMAN: So we had a wiretap going at the time that you did the bump?
OSCAR JIMENEZ JR.: Yes.
MS. CAPPLEMAN: Okay, and what does "tickle the wire" mean?
OSCAR JIMENEZ JR.: Well, when you tickle the wires — when you're doing a Title 3, what we call a Title 3, a phone intercept, and there's not much activity going on on that phone intercept — what you want to do is approach somebody and see if they will start talking about whatever the investigation is looking into.
MS. CAPPLEMAN: All right, so you were asked to approach Donna Adelson. Is that what you did?
OSCAR JIMENEZ JR.: That is correct.
MS. CAPPLEMAN: Where did that happen?
OSCAR JIMENEZ JR.: I believe that happened in South Miami, somewhere near her residence.
MS. CAPPLEMAN: Okay, and did you just walk up to her on the street, sidewalk?
OSCAR JIMENEZ JR.: I did.
MS. CAPPLEMAN: Okay, and what did you do?
OSCAR JIMENEZ JR.: Well, I was instructed to walk up to her and engage her in small discussion as to why I was meeting with her, and then eventually handing her a flyer.
MS. CAPPLEMAN: Okay, is that what you did?
OSCAR JIMENEZ JR.: Yes.
MS. CAPPLEMAN: All right, and was — let me show you the flyer I've marked as State's Exhibit 83.
MS. CAPPLEMAN: Mrs. — Adelson?
OSCAR JIMENEZ JR.: This is it, yes.
MS. CAPPLEMAN: Judge, I'd ask to introduce State's 83.
JUDGE EVERETT: State's 83.
MS. CAPPLEMAN: State's 83, isn't it?
MS. CAPPLEMAN: Okay, so it's a standard — right?
MS. CAPPLEMAN: Regular piece of paper?
OSCAR JIMENEZ JR.: Yes.
MS. CAPPLEMAN: Okay. With a printout of an article relating to the murder of Dan Markel. Is that right?
OSCAR JIMENEZ JR.: That is correct.
MS. CAPPLEMAN: And at this time, it's been a couple years since?
OSCAR JIMENEZ JR.: Yes.
MS. CAPPLEMAN: Here, in handwritten — can you say what was printed there?
OSCAR JIMENEZ JR.: Yes, just a call and text — and that's my undercover cell phone number, and the $5,000 which was being asked for.
MS. CAPPLEMAN: Okay, and this cell phone number — that belongs to the phone — the phone number that's written here — are you personally going to carry that around and answer it if someone calls it?
OSCAR JIMENEZ JR.: That is correct. That's solely in my hands, and I'm the only one answering, or a voicemail would answer.
MS. CAPPLEMAN: And is there something you need to do, if that occurs, to record the phone call in question?
OSCAR JIMENEZ JR.: Well, the way — and I can't reveal too much tradecraft — but if I received a call and it went to voicemail, it would do a remote recording, it wouldn't be on the actual phone, so I didn't have access to any voicemails.
MS. CAPPLEMAN: Okay. But if you're going to take the call, is there something you do that causes the call to be recorded?
OSCAR JIMENEZ JR.: Well, yes, I had to do something on the phone.
MS. CAPPLEMAN: All right. Was the interaction — the bump that we're referring to it as — where you approached Donna Adelson and spoke with her, was that audio recorded?
OSCAR JIMENEZ JR.: It was audio and video recorded, yes.
MS. CAPPLEMAN: How was it recorded?
OSCAR JIMENEZ JR.: I had audio and video on my person, and I believe the surveillance team, surveillance security team, also recorded that.
MS. CAPPLEMAN: So we've got one angle that's what you're wearing and another angle from across the street.
OSCAR JIMENEZ JR.: That's correct.
MS. CAPPLEMAN: Have you had an opportunity to review State's Exhibit 112, a thumb drive containing those two recordings?
OSCAR JIMENEZ JR.: Yes, I have.
MS. CAPPLEMAN: And are those fair and accurate recordings, both of what you were wearing as well as the one taken from across the street?
OSCAR JIMENEZ JR.: Yes, they are.
MS. CAPPLEMAN: Move into evidence, States 112, Your Honor. I'm joking. I'm joking. States 112 is a move. I'm showing you States 117. Are those your initials on 117?
OSCAR JIMENEZ JR.: Yes, they are.
MS. CAPPLEMAN: Okay. Were there phone calls that were made from or to the phone number on the phone flyer in connection with this investigation?
OSCAR JIMENEZ JR.: Yes.
MS. CAPPLEMAN: Are those phone calls contained on States Exhibit 117?
OSCAR JIMENEZ JR.: Yes, they are.
MS. CAPPLEMAN: Move into evidence, States 117, do we have an order?
MS. FULFORD: I have the objection. No objection.
JUDGE EVERETT: States 117 is admitted.
MS. CAPPLEMAN: And States 117, those are all the phone calls associated with this number on the sheet here. We've got one from you to the Adelson Institute family business, recall that?
OSCAR JIMENEZ JR.: Yes, I do.
MS. CAPPLEMAN: Okay. And then one from Charlie Adelson to this phone number, is that right?
OSCAR JIMENEZ JR.: Yes.
MS. CAPPLEMAN: And one from Donna Adelson to this phone number, correct?
OSCAR JIMENEZ JR.: Yes, correct.
MS. CAPPLEMAN: Okay, and those are all the phone calls — nobody else called the number during the course of this operation that was answered.
OSCAR JIMENEZ JR.: That was answered.
MS. CAPPLEMAN: Okay. There were a couple missed calls, right?
OSCAR JIMENEZ JR.: Yes.
MS. CAPPLEMAN: No further questions, Your Honor.
JUDGE EVERETT: Cross-examination.
MS. FULFORD: Good afternoon, sir.
OSCAR JIMENEZ JR.: Good afternoon.
MS. FULFORD: I have a question.
OSCAR JIMENEZ JR.: Sure.
MS. FULFORD: When you indicated that you were playing the role of a gang member, what does that mean?
OSCAR JIMENEZ JR.: Well, gang members — anybody that's involved in any type of organization or regarding criminal activity, involved in criminal activity.
MS. FULFORD: I know what a gang member is. I'm asking, what were you going to do? What were you trying to portray yourself as?
MS. FULFORD: How was your demeanor? How were you going to act as a gang member?
OSCAR JIMENEZ JR.: You mean during the bump?
MS. FULFORD: Yes, sir.
OSCAR JIMENEZ JR.: I was actually very friendly.
MS. FULFORD: For the bump that was on the street?
OSCAR JIMENEZ JR.: Yes.
MS. FULFORD: Yes. Okay.
MS. FULFORD: Mrs. Adelson told you that you scared her, didn't she?
OSCAR JIMENEZ JR.: I think she was startled. I mean, I'm not good looking, so maybe that scared her.
MS. FULFORD: Were you dressed up all pretty like you are today?
OSCAR JIMENEZ JR.: No, ma'am.
MS. FULFORD: How were you dressed?
OSCAR JIMENEZ JR.: Just jeans and a t-shirt, and open.
MS. FULFORD: Okay. When you say you were friendly to her, was that what you said? You were friendly to her?
OSCAR JIMENEZ JR.: I was told to be very polite to her.
MS. FULFORD: And were you?
OSCAR JIMENEZ JR.: I was.
MS. FULFORD: Did you invite her out to lunch?
OSCAR JIMENEZ JR.: No, not exactly.
MS. FULFORD: Okay. The area that you met her at — how was that selected?
OSCAR JIMENEZ JR.: That, I don't have the specifics.
OSCAR JIMENEZ JR.: Special Agent Pat Sanford would be better to answer that.
MS. FULFORD: Were you aware when you went out there that where you would run into her at that specific time of day? I mean, you just didn't stand there all day waiting for her, right?
OSCAR JIMENEZ JR.: I did not.
MS. FULFORD: Okay. You knew a specific time in general that you thought you would see her there, correct?
OSCAR JIMENEZ JR.: The investigative team, I'm sure, did their homework and they knew.
MS. FULFORD: Okay. Are you aware that that's the route that she took from where she was living down the block to pick up her grandchildren from school?
OSCAR JIMENEZ JR.: I was made aware of that, yes.
MS. FULFORD: Now, in the bump, with the flyer that you handed to Ms. Adelson, you had some information on there — $5,000 — and when you spoke to her, what did you say to her?
OSCAR JIMENEZ JR.: Well, when I engaged her, to the best of my recollection, you know, I said to her that I know — we know — that her problem, their problem up north, had been taken care of, and that Katie and Tuto had been — are continuing — are being taken care of, and my brother Tato has not been taken care of. He and his family have not been taken care of, and that they should take care of him and his family, something to that effect — him and his family, like they are taking care of Katie and Tuto.
MS. FULFORD: And who's Tuto?
OSCAR JIMENEZ JR.: Tuto, from what I understand, was Cicredo Garcia.
MS. FULFORD: And who was Tato?
OSCAR JIMENEZ JR.: Tato was Luis Rivera.
MS. FULFORD: You have a really interesting accent.
OSCAR JIMENEZ JR.: That's because I'm fluent in Spanish.
MS. FULFORD: Okay. Are you of Spanish descent or you just have learned that?
OSCAR JIMENEZ JR.: I am.
MS. FULFORD: You are? Okay, thank you. You do it very well.
OSCAR JIMENEZ JR.: Thank you.
MS. FULFORD: Um, so you tell her that you know that her family is taking care of Tuto and Katie but not your brother Tato, correct? And Tato is Luis Rivera, correct? And he was incarcerated at that time, correct? And you told her that in the Broward County jail the two of you been together, right?
OSCAR JIMENEZ JR.: I don't believe on the bump I said that.
MS. FULFORD: Okay. And and you tell her that you need $5,000 to take care of Tato, correct?
OSCAR JIMENEZ JR.: Correct.
MS. FULFORD: Okay, and she told you she didn't know what you were talking about.
OSCAR JIMENEZ JR.: Well, during the bump, I didn't mention the $5,000 or anything. I didn't mention the money.
MS. FULFORD: The piece of paper said $5,000.
OSCAR JIMENEZ JR.: Well, the paper did, but verbally I didn't say it to her.
MS. FULFORD: You said they needed to take care of Tato.
OSCAR JIMENEZ JR.: Yes, but I didn't say the dollar amount.
MS. FULFORD: But you handed her a piece of paper and it had it on there, correct?
OSCAR JIMENEZ JR.: Sure.
MS. FULFORD: Okay. She didn't pay you the $5,000, did she?
OSCAR JIMENEZ JR.: I don't believe they ever did.
MS. FULFORD: Okay, and that was on April the 19th of 2016, correct?
OSCAR JIMENEZ JR.: I believe so.
MS. FULFORD: Okay, so that's the 19th. As of the 23rd, you still had not heard from Mrs. Adelson, and so you sent her a letter, did you not?
OSCAR JIMENEZ JR.: That letter, I did not physically do it. That was the investigative team that wrote and sent that letter.
MS. FULFORD: Were you aware of it?
OSCAR JIMENEZ JR.: At the time I wasn't.
MS. FULFORD: Did you become aware of it?
OSCAR JIMENEZ JR.: Later on, yes.
MS. FULFORD: Okay. Okay. And the gist of it was, nobody had heard back from her, correct?
OSCAR JIMENEZ JR.: I don't remember reading that letter.
MS. FULFORD: But you're aware the letter was sent, right?
OSCAR JIMENEZ JR.: Later on, yes.
MS. FULFORD: Okay. And then move forward all the way up to April the 28th of 2016.
MS. FULFORD: Mrs. Adelson has not called you back, correct?
OSCAR JIMENEZ JR.: I don't remember the dates accurately.
OSCAR JIMENEZ JR.: I don't remember.
MS. FULFORD: Okay. Well, there's a phone call that's been introduced into evidence.
OSCAR JIMENEZ JR.: Well, yeah, but you're asking me before that.
OSCAR JIMENEZ JR.: I guess on the 28th I received the call.
MS. FULFORD: Well, on the 28th you actually called the Adelson Institute, didn't you?
OSCAR JIMENEZ JR.: Yes, I did call.
MS. FULFORD: So you were the first call then. You called the Adelson Institute.
OSCAR JIMENEZ JR.: Correct.
MS. FULFORD: And you were trying to reach Donna Adelson.
OSCAR JIMENEZ JR.: That is correct.
MS. FULFORD: But she was not there.
OSCAR JIMENEZ JR.: Correct.
MS. FULFORD: So you left a message saying you're Sammy and you haven't heard back from her and let her know I called.
OSCAR JIMENEZ JR.: That is correct.
MS. FULFORD: Okay. But she doesn't call you back right then, does she?
OSCAR JIMENEZ JR.: No, she did not.
MS. FULFORD: And she didn't pay you the $5,000 you were looking for, correct?
OSCAR JIMENEZ JR.: Did not.
MS. FULFORD: Okay. And so you called the Adelson Institute and get no response. So then May the 4th of 2016, you sent a text to Donna Adelson at 2:09 in the morning, correct?
OSCAR JIMENEZ JR.: That is correct.
MS. FULFORD: And on that text, you said, still have not heard from Donna.
MS. FULFORD: Wait a minute. No, I'm sorry. So you don't take me serious. You think I'm playing.
MS. FULFORD: You have some puta? I think puto, puto. Call me to see if I'm for real. If you think what Katie baby daddy did for you can't come back, you're — excuse my language — fucking crazy. I want the — and then it doesn't say "now" or "I'm going after the hundred K," right?
OSCAR JIMENEZ JR.: That's what I was told to write, yes.
MS. FULFORD: Wasn't very polite, was it?
OSCAR JIMENEZ JR.: Well, that's usually how somebody that's blackmailing somebody or extorting somebody in the criminal world would probably talk to somebody.
MS. FULFORD: Yes, sure. It's more aggressive, right?
OSCAR JIMENEZ JR.: Absolutely.
MS. FULFORD: Because you want her to incriminate herself by talking to you, pay the $5,000 — you're looking for her to talk, right?
OSCAR JIMENEZ JR.: I'm just looking for her to send the money.
MS. FULFORD: But she didn't send the money, did she?
OSCAR JIMENEZ JR.: She did not.
MS. FULFORD: And then you got a call on — let's see, that was May the 4th, you still don't hear from Donna, but on May the 6th — no, May the 4th, you get a call from Charlie Adelson?
OSCAR JIMENEZ JR.: That is correct.
MS. FULFORD: And you talked to him.
OSCAR JIMENEZ JR.: I did.
MS. FULFORD: Right? And that recording is in evidence, so we don't need to talk about that, but basically you don't get anywhere with Charlie. He doesn't offer to pay you the $5,000, right?
MS. FULFORD: Did he offer to pay you the $5,000?
OSCAR JIMENEZ JR.: No, he did not.
MS. FULFORD: Okay, thank you.
MS. FULFORD: And then finally, on May the — this 6, Donna Adelson calls you back on that number that you had put on the paper, correct?
OSCAR JIMENEZ JR.: That is correct.
MS. FULFORD: And we're going to listen to the call for another witness, but the gist of it is, she's telling you — you tell her you know everything about everybody involved, right?
OSCAR JIMENEZ JR.: Correct.
MS. FULFORD: And she tells you, you got the wrong person, I'm not involved, correct?
OSCAR JIMENEZ JR.: She did.
MS. FULFORD: And she tells you, if you know everybody who is involved, go to the police, right?
OSCAR JIMENEZ JR.: She just said, go get the money. She didn't say, if I know everybody. She just said — I believe she said — just go collect the money.
MS. FULFORD: Well, we'll play it so we'll know the exact words. But she didn't offer to give you the $5,000 then.
MS. FULFORD: And she encouraged you to go get the $100,000, which was the reward at that time.
OSCAR JIMENEZ JR.: She did.
MS. FULFORD: For providing information regarding the homicide of Dan Markel.
OSCAR JIMENEZ JR.: She did.
MS. FULFORD: Thank you so much, sir. Have a good day. I'm done with my questions.
JUDGE EVERETT: Redirect examination.
MS. CAPPLEMAN: So we're gonna watch the video a little later with another witness, but did Donna Adelson have any children with her when you approached her?
OSCAR JIMENEZ JR.: She did not.
MS. CAPPLEMAN: Okay, nothing further.
JUDGE EVERETT: You may step down. Will the witness be recalled?
MS. CAPPLEMAN: No, sir.
MR. ZELMAN: Your Honor, will the Court keep him under the State subpoena so that we can call him in our case-in-chief.
JUDGE EVERETT: Very well. The defense may call you as a witness. They will let you know if they choose to do so. Have a good day.
MR. ZELMAN: My understanding is that we're going to coordinate that through Investigator Newlin at the State Attorney's Office.
JUDGE EVERETT: Yes.
MR. ZELMAN: We'll keep you informed.