2.Oscar Jimenez Jr. — Direct/Cross/Redirect
282 linesJUDGE 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?
CHRISTOPHER CORBITT: I do.
whereupon, OSCAR JIMINEZ 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 for the jurors.
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Sir, please introduce yourself and spell your name.
OSCAR JIMENEZ JR.: My name is Oscar Jimenez, O-S-C-A-R, J-I-M-E-N-E-Z.
MS. CAPPLEMAN: How were you employed back in 2016?
OSCAR JIMENEZ JR.: I was a special agent with the FBI.
MS. CAPPLEMAN: How long were you with the FBI?
OSCAR JIMENEZ JR.: In 2016?
MS. CAPPLEMAN: Or total.
OSCAR JIMENEZ JR.: Total, 22 and a half years.
MS. CAPPLEMAN: And during your 22 and a half years, were you ever asked to perform any undercover operations?
OSCAR JIMENEZ JR.: Yes.
MS. CAPPLEMAN: And were you involved in an undercover operation related to 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? Could we approach, Your Honor?
JUDGE EVERETT: Yes.
MS. CAPPLEMAN: Judge, this is a little unusual, but may I ask the witness to come sidebar as well?
JUDGE EVERETT: That's fine.
(Following proceeding held at sidebar.)
MS. CAPPLEMAN: Sorry. I forgot to advise the witness about Your Honor's ruling regarding Latin Kings. So you posed as a gang member, not a Latin King, is the point.
OSCAR JIMENEZ JR.: I'm sorry?
MS. CAPPLEMAN: You posed as a gang member, not specifically a Latin King. Latin King is excluded.
OSCAR JIMENEZ JR.: I said gang member.
MS. CAPPLEMAN: As of right now, that's --
JUDGE EVERETT: On the defense's case-in-chief, you certainly can raise it as you need to, but as a part of the State's case-in-chief, you were a gang member. You may be cross-examined or if you are called during the defense case, this may come out in a different capacity.
MS. FULFORD: I just want to make sure I understand, because my understanding of the ruling was we could ask him: If, as part of the bump operation, were you portraying yourself as a member of a specific gang?
JUDGE EVERETT: Correct.
MS. FULFORD: Okay.
JUDGE EVERETT: But if you want to go further than that on your case, it's getting it from your client or someone with competent knowledge.
MR. ZELMAN: Before we ask him specifically?
JUDGE EVERETT: You can ask him if he was posing as a member of a gang, but as far as getting into Latin Kings, again, that would be your case-in-chief.
MS. FULFORD: Thank you.
MR. ZELMAN: Thank you.
(Sidebar concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Sorry about that. You were explaining operations.
OSCAR JIMENEZ JR.: Yes. 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 is law enforcement -- 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. And what we look -- the results we look to get would be one or a combination of either -- I would try to extract -- or 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 the wire or a telephonic intercept or -- yeah, tickle the wire.
MS. CAPPLEMAN: In this case was it an attempt to tickle the 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 wire is when you are doing a Title ill -- what we call a Title ill, 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: Is that what you did?
OSCAR JIMENEZ JR.: Yes.
MS. CAPPLEMAN: And was -- I'm going to show you the flyer I have marked as State's Exhibit 83. Is that what you handed Mrs. Adelson?
OSCAR JIMENEZ JR.: This is it, yes.
MS. CAPPLEMAN: Judge, I would ask to introduce State's 83.
JUDGE EVERETT: Any objection?
MS. FULFORD: No objection.
JUDGE EVERETT: State's 83 is admitted.
(State's Exhibit 83 received in evidence.)
MS. CAPPLEMAN: May I publish?
JUDGE EVERETT: You may.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Okay. So it's a standard eight and half by 11 sheet of paper; right?
OSCAR JIMENEZ JR.: Yes.
MS. CAPPLEMAN: A regular piece of paper?
OSCAR JIMENEZ JR.: Yes.
MS. CAPPLEMAN: 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 of years since the murder of Mr. Markel; right?
OSCAR JIMENEZ JR.: Yes.
MS. CAPPLEMAN: Okay. And over here in handwritten, can you say what was printed there?
OSCAR JIMENEZ JR.: Yes. Just call and text, and that's my undercover cell phone number and the $5,000, which was being asked for.
MS. CAPPLEMAN: And this cell phone number that belongs -- it belongs to 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 voice mails.
MS. CAPPLEMAN: Okay. But if you are 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 an 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 are wearing, and another angle from across the street?
OSCAR JIMENEZ JR.: That is 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 State's 112, Your Honor.
JUDGE EVERETT: Any objection?
MS. FULFORD: No objection.
JUDGE EVERETT: State's 112 is admitted.
(State's Exhibit 112 received in evidence.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: I'm showing you State's 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 bump flyer in connection with this investigation?
MS. CAPPLEMAN: Are those phone calls contained on State's Exhibit 117?
OSCAR JIMENEZ JR.: Yes, they are.
MS. CAPPLEMAN: Move into evidence State's 117, Your Honor.
JUDGE EVERETT: Any objection?
MS. FULFORD: No objection.
JUDGE EVERETT: State's 117 is admitted.
(State's Exhibit 117 received in evidence.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: And State's 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; do you recall that?
OSCAR JIMENEZ JR.: Yes, I do.
MS. CAPPLEMAN: And then one from Charlie Adelson to this phone number; is that right?
MS. CAPPLEMAN: And one from Donna Adelson to this phone number; correct?
OSCAR JIMENEZ JR.: Yes, correct.
MS. CAPPLEMAN: And those are all the phone calls. Nobody else called the number during the course of this operation that was answered; agree?
OSCAR JIMENEZ JR.: That was answered, correct.
MS. CAPPLEMAN: Okay. There were a couple of missed calls; right?
OSCAR JIMENEZ JR.: Yes, that is correct.
MS. CAPPLEMAN: No further questions, Your Honor.
JUDGE EVERETT: Cross-examination?
MS. FULFORD: One moment, please.
CROSS-EXAMINATION BY MS. FULFORD:
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, a gang member is anybody that's involved in any type of organization regarding criminal activity, involving criminal activity.
MS. FULFORD: well, I know what a gang member is. I'm asking: what were you going to do? what were you trying to portray yourself as? 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?
MS. FULFORD: Okay. Ms. 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 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 -- I believe, like, a bluish button-down, open.
MS. FULFORD: when you say you were friendly to her, is that -- 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: The area that you met her at, how was that selected?
OSCAR JIMENEZ JR.: That I don't have the specifics. 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: 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 so --
MS. FULFORD: 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 that, yes.
MS. FULFORD: Thank you. Now, in the bump with the flyer that you handed to Mrs. 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 -- 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 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 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 is Tuto?
OSCAR JIMENEZ JR.: Tuto, from what I understand, was Sigfredo 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.: Yeah. That's because I'm fluent in Spanish. Yes.
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: So you tell her that you know that her family is taking care of Tuto and Katie, but not your brother Tato?
OSCAR JIMENEZ JR.: Correct.
MS. FULFORD: And Tato is Luis Rivera?
OSCAR JIMENEZ JR.: Correct.
MS. FULFORD: And he was incarcerated at that time?
OSCAR JIMENEZ JR.: Correct.
MS. FULFORD: And you told her that in the Broward County jail, the two of you had been together; right?
OSCAR JIMENEZ JR.: I don't believe on the bump I said that.
MS. FULFORD: Okay. And you tell her that you need $5,000 to take care of Tato; correct?
OSCAR JIMENEZ JR.: Correct.
MS. FULFORD: 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?
OSCAR JIMENEZ JR.: I did.
MS. FULFORD: 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: And that was on April the 19th of 2016; correct?
OSCAR JIMENEZ JR.: I believe so.
MS. FULFORD: 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. 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: 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 are 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, Mrs. Adelson has not called you back; correct?
OSCAR JIMENEZ JR.: I don't remember the dates that -- you know, accurately. I don't remember.
MS. FULFORD: well, there's a phone call that's been introduced into evidence.
OSCAR JIMENEZ JR.: well, yeah, but you are asking me before that. You know, I guess on the 28th, I received a call.
MS. FULFORD: well, on the 28th, you actually called the Adelson Institute, didn't you?
OSCAR JIMENEZ JR.: Yes, I did call, yes.
MS. FULFORD: So you were the first call then?
MS. FULFORD: 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 are Sammy, and you haven't heard back from her and let her know I called?
OSCAR JIMENEZ JR.: That is correct.
MS. FULFORD: But she doesn't call you back right then, does she?
OSCAR JIMENEZ JR.: No, she did not.
MS. FULFORD: And she didn't you pay you the $5,000 you were looking for; correct?
OSCAR JIMENEZ JR.: Did not.
MS. FULFORD: Okay. And so you call 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: On that text, you said: Still have not heard from Donna -- wait a minute. No. I'm sorry. So you don't take me serious. You think I'm playing. You have some -- puta?
OSCAR JIMENEZ JR.: I think puta.
MS. FULFORD: Puta, 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 100K; right?
OSCAR JIMENEZ JR.: That's what I was told to write, yes.
MS. FULFORD: It wasn't very polite there, was it?
OSCAR JIMENEZ JR.: well, it's usually how somebody that's blackmailing somebody or extorting somebody in the criminal world would probably talk to somebody. Yes.
MS. FULFORD: 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 are 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 get 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 talk 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. CAPPLEMAN: Objection, argumentative.
JUDGE EVERETT: Sustained.
BY MS. FULFORD:
MS. FULFORD: Did he offer to pay you the $5,000?
OSCAR JIMENEZ JR.: No, he did not.
MS. FULFORD: Okay. Thank you. And then, finally, on the May 6th 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 are going to listen to the call through another witness, but the gist of it is she's telling -- 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 was 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.
OSCAR JIMENEZ JR.: Okay. That's fine.
MS. FULFORD: 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 for --
OSCAR JIMENEZ JR.: She did.
MS. FULFORD: -- for providing information regarding the homicide of Dan Markel?
OSCAR JIMENEZ JR.: She did.
MS. FULFORD: May I have just one moment?
JUDGE EVERETT: Take your time.
MS. FULFORD: Thank you so much, sir. Have a good day. I'm done with my questions.
JUDGE EVERETT: Redirect examination?
REDIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: We are going to 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: Nothing further.
JUDGE EVERETT: You may step down.
will the witness be recalled?
MS. CAPPLEMAN: No, sir.
JUDGE EVERETT: You are released. Have a good day.
MR. ZELMAN: Your Honor, can the Court keep him under the State subpoena, so that we could call him in our case-in-chief, please?
JUDGE EVERETT: Very well. The defense may call you as a witness. They will let you know if they choose to do or not. Have a good day.
MR. ZELMAN: My understanding is that we are to coordinate that through Investigator Newlin at the State Attorney's Office.
JUDGE EVERETT: Yes.
MR. ZELMAN: We'll keep you informed.