Patrick Sanford — Direct (Part 1)
596 linesMS. CAPPLEMAN: Special Agent Pat Sanford.
JUDGE EVERETT: Please raise your right hand to be sworn. Do you swear or affirm the testimony you are about to give will be the truth?
PATRICK SANFORD: I do.
JUDGE EVERETT: You may take your seat. Please speak loudly and clearly.
PATRICK SANFORD: Yes, sir.
MS. CAPPLEMAN: Sir, please introduce yourself and spell your name.
PATRICK SANFORD: My name is Patrick Sanford, S-A-N-F-O-R-D. I'm a special agent with the Federal Bureau of Investigation.
MS. CAPPLEMAN: How long have you been employed with the FBI?
PATRICK SANFORD: Approximately 26 years.
MS. CAPPLEMAN: Were you asked to assist in the investigation of the murder of Dan Markel?
PATRICK SANFORD: Yes, I was.
MS. CAPPLEMAN: How did you get involved in that investigation?
PATRICK SANFORD: I was called originally to assist with outside leads on the case. There were some interviews and some other follow-up things that happened outside the state of Florida that they asked me to assist with. And as the investigation continued, I became more and more involved.
MS. CAPPLEMAN: The other guy retired and kind of left you holding the bag, right?
PATRICK SANFORD: He did.
MS. CAPPLEMAN: Okay. Are you familiar with Luis Rivera and his role in this case?
PATRICK SANFORD: I am.
MS. CAPPLEMAN: Were you a part of the initial interview of Luis Rivera when he was attempting to become a witness in the case?
PATRICK SANFORD: Yes, I was.
MS. CAPPLEMAN: And do you know the date on which his proffer was given?
PATRICK SANFORD: I could refer to some notes.
MS. CAPPLEMAN: Okay. If I said the date, would you be able to tell me if it sounds right or not?
MS. CAPPLEMAN: September 30th of 2016?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: All right. And the investigation had been ongoing for some time at that point, right? I mean, the murder occurred in '14.
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Okay. And in the proffer that was given by Luis Rivera, was there anything new, particularly interesting — anything new that you were able to corroborate that law enforcement didn't already know before that interview?
PATRICK SANFORD: Yes, there was.
MS. CAPPLEMAN: What was that?
PATRICK SANFORD: One thing was, he told us the day before the homicide occurred that him and Sigfredo Garcia were riding around in the green Prius in Tallahassee when Mr. Garcia accidentally shot a hole in the floorboard of the Prius, and it actually disabled the vehicle, and Mr. Garcia had to actually fix the vehicle to get it running again.
MS. CAPPLEMAN: At the time that you conducted the interview of Rivera, you knew that they had rented the Prius, right?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Law enforcement had already traveled to the location in Miami where the Prius was rented and identified the car and the VIN number and all those things, right?
PATRICK SANFORD: That's correct. I've been down there and done all that.
MS. CAPPLEMAN: Okay, but we didn't know to look for this hole in the floorboard.
PATRICK SANFORD: No, there was carpet in the floorboard. You couldn't see it.
MS. CAPPLEMAN: Okay. Did law enforcement, in an attempt to corroborate this new fact, go back to locate the vehicle again and see if there wasn't any evidence of what Rivera was describing?
PATRICK SANFORD: We did.
MS. CAPPLEMAN: I'm going to approach and show you what I've marked as 48 through 52.
PATRICK SANFORD: I do.
MS. CAPPLEMAN: Are these fair and accurate photos of the vehicle once you found it for this second time, after Rivera's interview?
PATRICK SANFORD: Yes, they are.
MS. CAPPLEMAN: Judge, at this time, I'd ask to move into evidence States 48 through 52.
JUDGE EVERETT: Any objection?
MS. FULFORD: No objection.
JUDGE EVERETT: Fair enough.
MS. CAPPLEMAN: May I publish?
JUDGE EVERETT: You may.
MS. CAPPLEMAN: Publishing State's 48.
MS. CAPPLEMAN: Had the vehicle changed hands by this time?
PATRICK SANFORD: Yes, it had been sold by the rental company.
MS. CAPPLEMAN: And had it been repainted?
PATRICK SANFORD: It had.
MS. CAPPLEMAN: Were you still able to see, at some of the seams of the vehicle where that silver paint — you could still kind of tell it was the previous color?
PATRICK SANFORD: That's correct. Like in the door jamb and under the hood, there were some clues of that.
MS. CAPPLEMAN: State's Exhibit 49 — were you able to confirm this was in fact the correct vehicle by the VIN number?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: State's Exhibit 50 — what does this image show?
PATRICK SANFORD: It shows the passenger side of the vehicle. It has a directional rod put through where the bullet hole traveled, shows the direction of travel.
MS. CAPPLEMAN: So the hole was still there under the carpet?
PATRICK SANFORD: The hole was still there in the carpet, correct.
MS. CAPPLEMAN: Publishing 51.
MS. CAPPLEMAN: Did the hole actually puncture the gas line as Rivera described?
PATRICK SANFORD: That's correct. That is the fuel line that you see there with some kind of mechanical piece attached to it to put it back together to make it run again.
MS. CAPPLEMAN: State's Exhibit 52.
MS. CAPPLEMAN: And there it is again, just a close-up.
MS. CAPPLEMAN: If I can make it any better.
MS. CAPPLEMAN: This little piece that's attached to the gas line is the repair that was done on it.
PATRICK SANFORD: That's correct. You can see where the bullet would have severed the line, and it took that piece to connect it back together.
MS. CAPPLEMAN: Anything else that Rivera told you that you didn't already know?
PATRICK SANFORD: Yes, he told us about, um, that the homicide had to take place on the day that occurred because he was traveling out of — I'm sorry, Mr. Markel was going to be traveling out of town the following day.
MS. CAPPLEMAN: And were you able to confirm that Mr. Markel did in fact have plans to travel out of town the day after he was killed?
PATRICK SANFORD: He did. He was planning to go to a conference up in, I believe it was, New Jersey.
MS. CAPPLEMAN: And Mr. Rivera's proffer also enlightened us to the June trip, right? There was a second trip that preceded the July trip in which Mr. Markel was killed.
PATRICK SANFORD: That's correct. He talked about the June trips also.
MS. CAPPLEMAN: And were we able to corroborate that through the testimony of Sergeant Corbitt that we just heard from?
PATRICK SANFORD: That's correct. We had several instances that we're able to corroborate that.
MS. CAPPLEMAN: All right. Are you familiar?
PATRICK SANFORD: Yes, sir.
MS. CAPPLEMAN: Are you familiar with the wiretap that was conducted back in 2016 in reference to this case?
PATRICK SANFORD: I am.
MS. CAPPLEMAN: Whose phones were tapped?
PATRICK SANFORD: It was Charlie Adelson and Katherine Magbanua.
MS. CAPPLEMAN: How many cell phone calls were intercepted total as a part of that wiretap?
PATRICK SANFORD: Well over 10,000 calls and text messages.
MS. CAPPLEMAN: And did you review a disk of the calls that have been deemed relevant for this jury's consideration?
PATRICK SANFORD: I did.
MS. CAPPLEMAN: Okay, and are all of those calls contained on that — is that, I guess, this thumb drive — actually State's Exhibit 99. Are those fair and accurate recordings of the calls that we intercepted in this case?
PATRICK SANFORD: They are.
MS. CAPPLEMAN: Judge, ask to introduce State's 99.
MS. CAPPLEMAN: Permission to publish by way of demonstrative, Your Honor.
JUDGE EVERETT: He is. You may.
MS. CAPPLEMAN: Did you find any evidence in the calls relating to Donna Adelson meddling in her children's lives?
PATRICK SANFORD: We did.
MS. CAPPLEMAN: Okay. And I want to ask you about specifically Wendi's life and her purchase of a house. Are you familiar with the fact that Wendi Adelson had a contract to purchase a house in 2013 here in Tallahassee?
PATRICK SANFORD: Yes, I am.
MS. CAPPLEMAN: All right. And that she pulled the plug on that house on Halloween of 2013 — are you familiar with that?
PATRICK SANFORD: Yes, I am.
MS. CAPPLEMAN: Okay. And are you familiar with the evidence that Katherine Magbanua gave regarding being approached on that same day by Charlie Adelson about what ultimately became this murder for hire?
PATRICK SANFORD: Yes, I am.
MS. CAPPLEMAN: Okay. Okay.
MS. CAPPLEMAN: And have you reviewed call— I'm sorry. What? Oh, gosh.
MS. CAPPLEMAN: Let's strike that. I'll come back to it. I also wanted to ask you about meddling in reference to Wendi's dating life. Did you hear anything about that on the calls?
PATRICK SANFORD: I did.
MS. CAPPLEMAN: Okay, and specifically — I think this one's called 989 — what's the gist of what is on that call?
PATRICK SANFORD: Mrs. Adelson's talking to Charlie Adelson, and they're discussing Wendi's current boyfriend, which — his name is Dave — and talking about different ways to keep her dating Dave and keeping her from breaking up with him.
MS. CAPPLEMAN: All right. And does it — is Donna Adelson enlisting Charlie's help in dealing with Wendi?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: All right. Managing Wendi.
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: Permission to publish at this time call 989, Your Honor. And if we could start at 8 minutes and 56 seconds or thereabouts.
MS. CAPPLEMAN: We have no power. So we're requesting a recess.
JUDGE EVERETT: Members of the jury, we'll take a brief break.
JUDGE EVERETT: The bailiff will escort you to the jury room.
JUDGE EVERETT: Everyone can be seated.
JUDGE EVERETT: So for all of our advanced equipment, we need the repairman.
JUDGE EVERETT: Court is back in session.
JUDGE EVERETT: Are the jurors ready?
JUDGE EVERETT: Please bring them up. Remain standing for the jurors.
MS. CAPPLEMAN: It's a copy of 85 on your table there.
JUDGE EVERETT: Everyone can be seated. You may proceed.
MS. CAPPLEMAN: Thank you, Judge. Sorry about that.
MS. CAPPLEMAN: Agent Sanford, in front of you is a copy of State's Exhibit 85, the Wire Call Summary. Can you tell us what is contained in that exhibit?
PATRICK SANFORD: It's a list of calls that we selected.
PATRICK SANFORD: Calls and a couple of text messages, in a little bit of timeline and mostly in chronological order.
MS. CAPPLEMAN: The dates that the calls were made and who they're to and from, that sort of thing?
PATRICK SANFORD: That's correct. It just says.
MS. CAPPLEMAN: Does it fairly and accurately depict the identifying information for the calls contained in State's Exhibit 99?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: All right, Judge. At this time, I would ask to move into evidence State's Exhibit 85.
MS. FULFORD: All right, Judge. No objection.
JUDGE EVERETT: State's Exhibit 85 is entered.
MS. CAPPLEMAN: May I have permission to provide copies to the jurors, Your Honor?
JUDGE EVERETT: You may.
JUDGE EVERETT: Madam court reporter, would it assist you to have a copy of the summary?
MS. CAPPLEMAN: All right. We were about to listen to call 989.
MS. CAPPLEMAN: Judge, we're going to advance the call to 8 minutes and 56 seconds, but I thought we'd start just at the beginning to give the jurors an opportunity to put on their headsets. We provided headsets for each juror with a number, and there's an accompanying volume control in the front here. So my suggestion is, just let everybody tinker with it and get settled, and then we'll move the call along.
JUDGE EVERETT: For that use your notepad still. I believe there will be one copy that goes back later, but use your notepads.
MS. CAPPLEMAN: All right. Start publishing.
JUDGE EVERETT: And then they're testing their audio using headsets.
AUDIO RECORDING: Hey, how are you?
AUDIO RECORDING: Good, how are you?
AUDIO RECORDING: Good, how are you?
AUDIO RECORDING: Good. Oh, boy. Oh, boy.
AUDIO RECORDING: I had to barbecue up there on Jupiter. That's why I just wanted to avoid traffic.
AUDIO RECORDING: Oh, okay.
AUDIO RECORDING: So you're done for the week? You're not working tomorrow, are you?
AUDIO RECORDING: I actually am working tomorrow.
AUDIO RECORDING: That was off Monday. Day. Yeah, I'm sorry. Yeah. Yeah.
AUDIO RECORDING: Yeah.
MS. CAPPLEMAN: Okay, let's go to eight minutes.
AUDIO RECORDING: Because...
AUDIO RECORDING: I'm in that demographic today.
AUDIO RECORDING: Now I'm probably telling her, like, you could go to secret law 37.
AUDIO RECORDING: I'm. And...
AUDIO RECORDING: I will continue to talk to her, but, you know, there's a limit to — there's a point at which someone purposely will do what you're asking them to, purposely do the opposite. And she could screw her life because they're in control and they're waiting for you to do what you did.
AUDIO RECORDING: What's that?
AUDIO RECORDING: They're not going to do what you did. Yeah.
AUDIO RECORDING: The reason why I'm — I just, I don't, I'll never tell someone you can't win the lottery twice.
AUDIO RECORDING: But I can tell you this — the probability is not in your favor. Probability is not in your favor of winning the lottery once.
AUDIO RECORDING: Winning it twice, even more. And that's how I talk to her, because what happens is that's what she needs to do.
AUDIO RECORDING: I don't ever offend her because I don't talk about her. I just say, "Wendi, listen, if you put a 37-year-old Victoria's Secret bottle in front of me, I wouldn't want to get serious with her. Why? What do I have to do with a 25-year-old?"
AUDIO RECORDING: I said, a 25-year-old is going to be 18 in 15 years.
AUDIO RECORDING: I go, you want to buy a car with high mileage and low mileage?
AUDIO RECORDING: Listen, Wendi, you don't want to date a guy that's 50. You know why? If he's too old for you, then he's going to be 60 in 10 years, and 10 years from now, you don't want to see yourself as a 60-year-old. I get it.
AUDIO RECORDING: So it is what it is. But you can ask him why he's not coming out and saying it. He's going to be there with you.
AUDIO RECORDING: I'm going to open this to you.
AUDIO RECORDING: Of course.
AUDIO RECORDING: But just hear me out. I could talk to Wendi differently than anyone can. But even when I do, I don't reference it as saying, "Wendi, in a million years I would have made a girl like you to kids."
AUDIO RECORDING: Because it's true — in a million years I would.
AUDIO RECORDING: What I would say is, "Wendi, the Victoria's Secret model, I wouldn't have you set me up with the shoes that they sell."
AUDIO RECORDING: And that's just — it's a double standard, but that's life. And she knows about double standards in life. It is what it is. So all I can say is, like, when I talk to her and I put it in those terms, she gets it. She gets it. But, you know, obviously it doesn't help that she's got these fucking friends telling her that you deserve the Superman — some guy who's a doctor, who's single, who's just dying to take over.
AUDIO RECORDING: There's tons of very wealthy, successful, young, good-looking guys wanting to hang with her, because nothing is more fun than having a six-year-old fart in your face while you're trying to respond to your girlfriend when you get home from work. That's awesome.
AUDIO RECORDING: Yeah, and it's not only that, Ted —
AUDIO RECORDING: Berman, you were a little — you had that crazy mom who lived on the other street, the lawyer.
AUDIO RECORDING: Okay, Ted Berman got divorced with his wife, keeping Bailey down. I told you about that, right?
AUDIO RECORDING: Right? Yeah.
AUDIO RECORDING: So, yeah, he took a whole bunch of people.
AUDIO RECORDING: He took, uh, you know, Warren Sapp, a whole bunch of his friends, like — paid for everybody for, like, 20 people to go for the weekend. So, anyway...
AUDIO RECORDING: So he's engaged now. So, it's a long way — it's not forever.
AUDIO RECORDING: I had —
MS. CAPPLEMAN: I had her pause it for a moment to explain that beeping noise that we just heard. What is that noise?
PATRICK SANFORD: That's the sound that it makes when the officer who's monitoring the call — he minimizes it. So he'll hit a button, it stops it, it makes that noise, and then when he presses it again to monitor again, it picks right back up on that same spot, basically.
MS. CAPPLEMAN: All right. But we're going to sort of pop in and out of the conversation when we hear that noise.
PATRICK SANFORD: Exactly. There's not a big pause in between. You'll hear the noise and then the conversation will pick back up.
MS. CAPPLEMAN: All right. Am I correct that the people that are being intercepted do not hear the noise — the beeping?
PATRICK SANFORD: That's correct. They do not.
MS. CAPPLEMAN: Okay. All right. Let's play a little more.
AUDIO RECORDING: I mean, listen, do I look like the kind of guy that wants to go home and talk to my 37-year-old girlfriend about her kid's heart to my face?
AUDIO RECORDING: No, they're my nephews. I love them. But as far as dating someone?
AUDIO RECORDING: Hell no.
AUDIO RECORDING: I want to go ahead and tell my girlfriend, "Listen, let's go away for the weekend."
AUDIO RECORDING: "We'll talk to you next Friday."
AUDIO RECORDING: Okay? I don't want to go, like, "Oh, we got to deal with, you know, can we get the in-laws to watch them, what their schedule will look like."
AUDIO RECORDING: It's not just Wendi. It's Wendi and the three boys.
AUDIO RECORDING: Three people you're dealing with.
AUDIO RECORDING: So you can't, you know — and trust me, I know what I'm saying.
AUDIO RECORDING: I know what you're saying.
AUDIO RECORDING: I know what you're saying. I know what you're saying. And a part of me — for this, because, you know what, someone that is handed a golden opportunity... But then, you know what?
AUDIO RECORDING: That's what she has to wear. For example, if you wear, you know, the gold green, you need to give you, I don't know what she's got her name for, something like that. Because she has everyone telling her that she's such a great catch, and she is. But they're not — but guess what?
AUDIO RECORDING: They're not living her life. They're not living her life, and they're not breaking it down and saying who's, you know, and listen, the guy who may treat her really well just may never really bother the kid. Like, there's so many aspects to it.
AUDIO RECORDING: So, you can be a great guy just because you don't want to do anything with your kids. What are you going to do? Kick them out, too?
AUDIO RECORDING: You're sorry. Not only is it crazy to go to school, but it's crazy to go to school.
AUDIO RECORDING: I know. And that's why.
AUDIO RECORDING: That's why.
AUDIO RECORDING: Show me that you can be a great guy and, you know, those aren't his boys and she just doesn't like it. What does she do? Do you treat her well? Do you treat her well? You don't tolerate the kids who put up with them. I put up with them, whatever.
AUDIO RECORDING: And then what if they're real nice to the boys on day one but, you know, three years down the road, it's pretty much happening all the time.
AUDIO RECORDING: I mean, I'm just saying. I think we need to know that she's been given an opportunity that she most likely will never happen again.
AUDIO RECORDING: You could never say that to her. If you could say anything you want, it's American.
AUDIO RECORDING: I can tell you the end of the conversation.
AUDIO RECORDING: You can tell me the beginning of it. If you weren't here, that's what I would do. I would try. I would try.
AUDIO RECORDING: And you're like, fuck it up, girl. No, I tried.
AUDIO RECORDING: You would get 30 seconds into your planned speech before she pulled you the butt out of her life.
AUDIO RECORDING: And rightfully so, it's her life.
AUDIO RECORDING: But the difference is that I can talk to her differently. I know.
AUDIO RECORDING: She's easy and I'm grateful for you too.
AUDIO RECORDING: Trust me, I know. I mean, listen, she's doing great considering everything she's been through. I was just like, you know what, she just picked — she just picked up an amazing brother. I'm just grateful that the two of you have each other. Well, I used to, but I could tell you earlier, and I appreciate what you do, because who else is going to do it? Who else is going to say, hey, wake up?
AUDIO RECORDING: You know, thinking about the reason, the gravity of it. Like, most people don't like the new day to be given. I'm shocked that you don't. And I
MS. CAPPLEMAN: I think we get the idea.
MS. CAPPLEMAN: We're two years out, right, from Dan Markel's murder?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Who is Dave? Did you identify Dave through the course of the investigation?
PATRICK SANFORD: We did. He's Dave Atell. He owned it. He was a successful businessman and lived in South Florida.
MS. CAPPLEMAN: And is this the only call that happened to be captured on the wire in which these two are discussing Wendi's love life?
PATRICK SANFORD: No, it wasn't. They talk about Dave quite a bit. They did several times.
MS. CAPPLEMAN: And they talk about Wendi's career options, too, don't they?
PATRICK SANFORD: They do.
MS. CAPPLEMAN: And does the defendant, Donna Adelson, enlist Charlie to convince Wendi to do her bidding in reference to Wendi's career as well?
PATRICK SANFORD: Correct, she does.
MS. CAPPLEMAN: And I've published call number 2873 at this time, Judge.
JUDGE EVERETT: You may proceed.
AUDIO RECORDING: As you can hear from these people, sounds like you're not learning much of anything. I would take — I would take the course. Of course, you could do the courses two different ways. I think it's either one week, but then you take the course, or you could go like every weekend for a month, and then you — and then you take the time. Like, yeah. But I'm not even going to — I'm thinking about that right now, right now. But I still don't know. I don't know. This isn't what it's supposed to be.
MS. CAPPLEMAN: Is this 2873?
MS. CAPPLEMAN: All right. We'll come back to that one. Sorry, folks. Wrong call.
MS. CAPPLEMAN: All right. Are you familiar with the bump in this case?
PATRICK SANFORD: I am.
MS. CAPPLEMAN: All right. What's the bump?
PATRICK SANFORD: The bump is where we took an undercover agent and had him approach Mrs. Adelson with a plan. It was during the time of the investigation. We had evidence that linked Luis Rivera and Sigfredo Garcia to being the actual hitmen. So in 2016 we decided to — created the bump to have an undercover approach her pretending to be a former cellmate of Luis Rivera. Luis Rivera in 2016 was actually incarcerated in the Broward County detention facility and then went to another jail. So we wanted the undercover to pretend to be in a jail cell with Luis Rivera and pretend that Luis Rivera told him about the hit in Tallahassee with the Adelsons — being, sorry, not with the Adelsons, but the hit that was created, linking back, because we had telephone calls going through linking Luis Rivera to Sigfredo Garcia, then to Catherine Magbanua, then to Charlie Adelson, then to Mrs. Adelson here.
MS. CAPPLEMAN: So it was a ruse?
PATRICK SANFORD: It was a ruse.
MS. CAPPLEMAN: Designed to generate chatter on the wire?
PATRICK SANFORD: It was. It was two years after the homicide and we started a wire, and we knew that they were not talking about the homicide anymore. So we wanted to — we call it tickling the wire.
MS. CAPPLEMAN: And was the goal to identify, you know, if the pattern that we're seeing — that we think is the members of the conspiracy — is that right? Who's a member of the conspiracy and what are their roles?
PATRICK SANFORD: Yeah, we had Luis Rivera, Sigfredo Garcia would talk; and Sigfredo Garcia talked to Catherine Magbanua through the phones. Catherine Magbanua would talk to Charlie Adelson through phones. Charlie Adelson would talk to Donna — Donna Adelson — through the phones, and then it would go back and it would always go back and forth in that order. Never skipped anyone. No one ever jumped over to the other person. Always went back and forth. So we had that in the phone records leading up to the homicide. But what we didn't have was the conversations. So it was of interest to find out, you know, if we approach Donna Adelson in this way, what's she going to do? Who's she going to go to? Exactly, see what her reaction is. Is she going to call Luis Rivera? What's she going to do? Exactly.
MS. CAPPLEMAN: Okay. And did you have an opportunity to review State's Exhibit 113?
PATRICK SANFORD: 113 contains the combined videos from both the body-worn camera of the officer that approached the defendant and also the angle from across the street. That's correct.
MS. CAPPLEMAN: Okay. And are these fair and accurate recordings of the bump from both those angles?
PATRICK SANFORD: They are.
MS. CAPPLEMAN: Moving to evidence — State's 113, Judge.
JUDGE EVERETT: State's 113 is admitted.
MS. CAPPLEMAN: All right. And the undercover — the officer that played the, uh, gang member, I guess — said that he was instructed not to be aggressive or not to scare the defendant. Was that you that instructed him on that?
PATRICK SANFORD: It was. We — we don't want to cause concerns for the agent's safety. If you approach her being too aggressive and too scary, we didn't know how she would react, if she would possibly be harmed at the time. We had no idea. So we didn't want to create a hostile environment to make her become overly aggressive.
MS. CAPPLEMAN: And is that — is that a concern in every undercover operation, that you just kind of don't know what you're going to get? And it's not specific to this defendant, right?
PATRICK SANFORD: That's correct. That's — that's in every case. We try to minimize the risk to the officer's safety and the people around.
MS. CAPPLEMAN: Okay. Let's publish 113, please.
AUDIO RECORDING: [garbled] towards — what is it — listen to all that — you know that we know that you — I've been taking care of Katie and her friend for quite some time after your problem up north had been resolved.
AUDIO RECORDING: And I want to let you know that my brother — he's incarcerated.
AUDIO RECORDING: He helped your family with this problem you guys had up north.
AUDIO RECORDING: And we want to make sure — he's going through some rough times, and we want to make sure that you take care of what he's going through, the way you're taking care of Katie and the two of them.
AUDIO RECORDING: Well, this will explain it.
AUDIO RECORDING: Thank you.
MS. CAPPLEMAN: Does the defendant remain under surveillance for some time after this?
PATRICK SANFORD: She does.
MS. CAPPLEMAN: Okay. We see her take the paper from the undercover and fold it and put it into her purse. Does she ever take it out and look at it before she gets back into her building?
PATRICK SANFORD: Not that we could ever saw, no.
MS. CAPPLEMAN: And does she make any phone calls once she goes back into her building?
PATRICK SANFORD: When she goes back into her building, she does.
MS. CAPPLEMAN: And who is the first person that the defendant calls after the bump?
PATRICK SANFORD: Charlie Adelson.
MS. CAPPLEMAN: Is that call A?
PATRICK SANFORD: It is.
MS. CAPPLEMAN: Publish call A, please.
AUDIO RECORDING: Did someone write a letter to you or something?
AUDIO RECORDING: I got some paperwork hand-delivered to me.
AUDIO RECORDING: You're being sued?
AUDIO RECORDING: No.
AUDIO RECORDING: That's what I thought it was. But I'm getting into jail.
AUDIO RECORDING: So, um, I'm going to have to figure out something. You can't tell — it will be whoever you are. Well, I'm at Mitch Klein's office. I live in Park Boulevard. So I'm right now in the silence, really. And I'll be at his office in the afternoon.
AUDIO RECORDING: He finished their piano lesson around 4.
AUDIO RECORDING: I've been at the traffic at the end. They take a ride with him up there.
AUDIO RECORDING: Does Dad know about this?
AUDIO RECORDING: No, Dad didn't work today.
AUDIO RECORDING: What's up?
AUDIO RECORDING: I will talk to you.
AUDIO RECORDING: I'll give you a heads up about when I got that word.
AUDIO RECORDING: Does Wendi know, right? Is this involving Wendi?
AUDIO RECORDING: No.
AUDIO RECORDING: No, no. That's great.
AUDIO RECORDING: He came hands-in-hands with me, and I couldn't get a hold on him today.
AUDIO RECORDING: Is it right? Was it anonymous?
AUDIO RECORDING: Oh, no. It's not anonymous.
AUDIO RECORDING: It's not anonymous.
AUDIO RECORDING: I just don't want to discuss it.
AUDIO RECORDING: All right, whatever it is.
AUDIO RECORDING: I wouldn't bother you. Trust me. Yeah, I know. I'll need to come down to see you tomorrow. I have to get the day off.
AUDIO RECORDING: Yes, that would be wonderful. My dad actually works later tomorrow.
AUDIO RECORDING: You know, he goes in at 1 o'clock. We both work out at the gym from 1:30 to 10:30, so... Whatever it is, I'll take a look at the paperwork.
AUDIO RECORDING: I hope it's not the IRS.
AUDIO RECORDING: I just would like you to review it and give me some input into what your thoughts are.
AUDIO RECORDING: Okay. Okay, so come down tomorrow. Dad leaves at 12, so any time after 12 it's good.
MS. CAPPLEMAN: Would you describe the defendant's demeanor on this call as really calm?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: She says dad's at work, fortunately.
PATRICK SANFORD: She does.
MS. CAPPLEMAN: Does she indicate that she's in fear on the call?
PATRICK SANFORD: No, she does not.
MS. CAPPLEMAN: She was handed a piece of paper that had an article about the murder of Dan Markel, right?
PATRICK SANFORD: Correct. That's what the interaction was about.
PATRICK SANFORD: That's correct. That's what he handed her and made reference to it.
MS. CAPPLEMAN: And when Charlie asked the defendant what it's about, what does she say?
PATRICK SANFORD: She says the both of us.
PATRICK SANFORD: Probably both of us. Probably the two of us. Then the two of us. She said it twice.
MS. CAPPLEMAN: Does she say the name Dan Markel on this call?
PATRICK SANFORD: No, she does not.
MS. CAPPLEMAN: Did she say the name Dan Markel anywhere on this wire?
PATRICK SANFORD: No, not that I recall.
MS. CAPPLEMAN: Did she report this incident to the police?
PATRICK SANFORD: No, she did not.
MS. CAPPLEMAN: Is there another call shortly after this one?
PATRICK SANFORD: There is.
MS. CAPPLEMAN: Tell us about the next call, Call B.
PATRICK SANFORD: Call B is on the same day. It's from Mr. Charlie Adelson to Mrs. Donna Adelson, and it occurred about — I want to say about 20 minutes after the call we just listened to — at 2:35 p.m.
MS. CAPPLEMAN: Let's publish Call B, please.
AUDIO RECORDING: I'm going to listen to Tom. Let me tell you this thing. Do you mind paying my Brown and Brown insurance?
AUDIO RECORDING: Okay. Because I'm going to just stay with the same company.
AUDIO RECORDING: Yeah, but the thing is, if you stay with the same company for three years, they may try to bump you down to a lower bracket.
AUDIO RECORDING: Um, okay. So this is good, sir. I might as well stay with them and hope that that's actually true, that they can do what you said about swimming in the wrong bracket. Okay, do you want me to call him? Um, yeah, because I told her that my mom called her because, you know, like, that stuff at the office, and then just write — and then just send them a chat — but they have to have it before, I want to say, the 29th or something.
AUDIO RECORDING: Okay. And do that. And listen, whatever it is, whatever someone says, I wouldn't worry too much about anything.
AUDIO RECORDING: I mean, someone can write whatever they want to write, someone can say whatever they want to say.
AUDIO RECORDING: I'm not worried.
AUDIO RECORDING: So, was there another bad review on Yelp?
AUDIO RECORDING: Um, you know, there's reviews coming in. Sometimes there are bad reviews. This is a particularly bad one.
AUDIO RECORDING: So, I'm not being sued?
AUDIO RECORDING: No. No. Okay.
AUDIO RECORDING: Honestly, whatever it is, it is, and I would not just judge to the point you're making it sound like it stresses out too much.
AUDIO RECORDING: Okay. People can always write, people can always say anything they want.
AUDIO RECORDING: If someone says you're a bad dentist, it doesn't mean you're a bad dentist.
AUDIO RECORDING: But anyway, I will — I'll definitely come down. It actually worked out perfectly with the type of day off.
AUDIO RECORDING: Okay. I'll make you take me out to dinner, so make sure you bring cash with you. All right? Okay, so I need to bring cash. Yeah, expect if you pick me up to dinner. Yeah. Was this — look, I should bring cash. I don't have much cash to bring. Yeah. Was it kind of a — someone trying to blackmail you? No.
AUDIO RECORDING: It's... there is — is there any way I can see you? You can't come up here at all?
AUDIO RECORDING: ...government related, or is this like a whack job writing a letter to you?
AUDIO RECORDING: Is it like a whack job writing a letter to you, or is this government related?
AUDIO RECORDING: No, I don't know if it's government related.
AUDIO RECORDING: So it's not government or military or anything like that?
AUDIO RECORDING: No.
AUDIO RECORDING: Who is the letter addressed to?
AUDIO RECORDING: To you.
AUDIO RECORDING: That's crazy.
AUDIO RECORDING: Does she know who sent it to you?
AUDIO RECORDING: Um, I have a pretty good idea.
AUDIO RECORDING: Let's walk in there, let's walk in there.
AUDIO RECORDING: I would like to... I was definitely, um...
AUDIO RECORDING: I just don't know if I'm in the back here in town today. I don't know if I'm in the back here in town today.
AUDIO RECORDING: So whoever sent you a letter, sent you an anonymous letter — did they sign it?
AUDIO RECORDING: So someone showed up? Was it like by process server?
AUDIO RECORDING: I can't tell you.
AUDIO RECORDING: It wasn't.
AUDIO RECORDING: Where did they come to you at?
AUDIO RECORDING: I walked out of the building and there was a light that protected both drivers with the light on. Right. And I walked in about five feet from pressing the button so that I could cross the street to pick up the blade.
AUDIO RECORDING: Right. And just to get —
AUDIO RECORDING: Yes. Okay, so you stay here then, okay?
AUDIO RECORDING: You stay right here.
AUDIO RECORDING: And I'll work on the computer when that finishes, okay?
AUDIO RECORDING: And...
AUDIO RECORDING: Hey.
AUDIO RECORDING: It came over — handy.
AUDIO RECORDING: Was it a young guy? An old guy?
AUDIO RECORDING: Hmm.
AUDIO RECORDING: They're probably mid-thirties.
AUDIO RECORDING: I wouldn't say they're that big.
AUDIO RECORDING: Okay.
AUDIO RECORDING: Really?
AUDIO RECORDING: You can make an attempt to go up there. I'm just concerned about getting back here on time.
AUDIO RECORDING: Well. I mean, you have to get into this stuff when you're sure. It's crazy that someone handed you a letter like that. I don't know.
AUDIO RECORDING: Maybe we better just keep it on, you know, tomorrow.
AUDIO RECORDING: Tell me when.
AUDIO RECORDING: Is the person threatening you or anything?
AUDIO RECORDING: We never even had an interview.
AUDIO RECORDING: Let's not worry.
AUDIO RECORDING: Let's meet tomorrow.
AUDIO RECORDING: Let's meet tomorrow afternoon.
AUDIO RECORDING: Let me ask you this. Do you want to take a picture of the letter and send it to someone to send you?
AUDIO RECORDING: No. Not really. I don't want to do that.
AUDIO RECORDING: So it wasn't the government or the military or something? Just some random person?
AUDIO RECORDING: That's fucking crazy.
AUDIO RECORDING: How long was the letter?
AUDIO RECORDING: It was just a copy of the part of the letter that was written in the letter.
AUDIO RECORDING: And a copy of that letter.
AUDIO RECORDING: Did the person threaten you?
AUDIO RECORDING: I don't think so.
AUDIO RECORDING: I mean, it's kind of a thing — if there's a threat, you go to the police.
AUDIO RECORDING: Yeah.
AUDIO RECORDING: But anyway, let me...
AUDIO RECORDING: Well, let me... Well, I don't mean to...
AUDIO RECORDING: People threaten you when you go to the police. But anyway, let me — let me talk, let me see what it is, let me see what nonsense it is first. It won't be the first time, I'll be correct. But I'd like to just — I'd like to just see it, see what you think.
AUDIO RECORDING: Right here, right up here. So let's do that. Let's make it, um, you know, 12:22 to our services tomorrow. That would be ideal. Okay. Okay, you got it.
AUDIO RECORDING: All right. Yeah, no — come down. All right. If it's something serious, you know, I'm going to recommend going to the police.
AUDIO RECORDING: Oh, no, I know. That's what I'm supposed to do. So all right.
MS. CAPPLEMAN: On this call we hear the defendant say that this is a particularly bad Yelp review. Is this an example of code talk?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: This doesn't have anything to do with the Yelp review, does it?
PATRICK SANFORD: No, it doesn't.
MS. CAPPLEMAN: Okay, so already in call two, we've got code words being used.
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: She indicates that Charlie should bring cash, and if he doesn't have it, she'll bring it, right?
PATRICK SANFORD: She does.
MS. CAPPLEMAN: Does she indicate she knows who sent her the letter?
PATRICK SANFORD: She does, in a way. She knows who the person was by seeing them. She says, "I have a pretty good idea who sent it."
MS. CAPPLEMAN: Right. He asked if she wants to send him a picture of what she received from the person. What's her answer?
PATRICK SANFORD: And she didn't think that was a good idea.
MS. CAPPLEMAN: He asked, if there's a threat, we should go to the police. What does she say about that?
PATRICK SANFORD: She says at the end she finally says something like, "We might do that," something around there.
MS. CAPPLEMAN: Okay, but initially says not a good idea.
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: And did anyone go to the police?
PATRICK SANFORD: No.
MS. CAPPLEMAN: Does she reiterate in this call no talking on the phone?
MS. CAPPLEMAN: Did she indicate that?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: And is there a third call in which Charlie calls back and presses for more information again?
PATRICK SANFORD: Yes, there is.
MS. CAPPLEMAN: How soon after call B do we get that next call?
PATRICK SANFORD: The next call is at 3 o'clock, so about 15 minutes after that call ended.
MS. CAPPLEMAN: All right. Publish call C, please.
AUDIO RECORDING: That.
AUDIO RECORDING: Quick question for you. Um, well, one thing I was going to tell you — obviously, don't talk about things in the apartment or any place. Oh, obviously. Um, the other thing is, was a person black or white? White. And they just — they just came up to you and they said your name and they handed you his favor? No, sir. Um, no — didn't have it, by the way. First, talked to me for a while. And then he gave it to me.
AUDIO RECORDING: Really?
AUDIO RECORDING: Mm-hmm. And they were wearing hats and sunglasses?
AUDIO RECORDING: No, nothing.
AUDIO RECORDING: Nothing.
AUDIO RECORDING: Describe them to a kid.
AUDIO RECORDING: What's that?
AUDIO RECORDING: You could describe them to a kid.
AUDIO RECORDING: No, no, nothing.
AUDIO RECORDING: Was the person nervous or were they angry?
AUDIO RECORDING: No, calm as could be.
AUDIO RECORDING: How did they calm?
AUDIO RECORDING: That's really great to hear. Are they — are they trying to ask for money or something?
AUDIO RECORDING: Um, yeah. Yeah, but it's someone trying to — understand, if it's something like that I'll probably like go to the police, but I may have to. But I'd rather talk to you personally.
AUDIO RECORDING: Yeah, I mean, I wouldn't — I wouldn't, you know — you know, they're scumbags. All the time they're trying to do stuff like that.
AUDIO RECORDING: Oh, I know.
AUDIO RECORDING: That's why I just want you to see, because I don't want your father upset.
AUDIO RECORDING: Don't say anything bad until I take a look at it.
AUDIO RECORDING: Absolutely. Absolutely.
AUDIO RECORDING: That's what I suggested — after he goes to work tomorrow.
AUDIO RECORDING: Did the person give you any kind of time frame or anything?
AUDIO RECORDING: Um, no. I — um, what is the kind of statue, what do they ask for?
AUDIO RECORDING: Um, you know, I don't know. The TV is probably — TV is probably about five.
AUDIO RECORDING: They ask you for five thousand dollars? That's fucking crazy.
AUDIO RECORDING: Yeah. I mentioned an ex-girlfriend.
AUDIO RECORDING: Hi, Sandra. Good morning.
AUDIO RECORDING: Hello. Good. How are you?
AUDIO RECORDING: Good.
AUDIO RECORDING: Okay. That's great.
AUDIO RECORDING: Let me take a look at it.
AUDIO RECORDING: Mm-hmm.
AUDIO RECORDING: And I'll go from there.
AUDIO RECORDING: Thank you. Your turn. You can go first.
AUDIO RECORDING: Okay, do that one. Yeah.
AUDIO RECORDING: Okay, let me take a look, and then I'll — if you want to come again, we'll see where we'll go.
AUDIO RECORDING: Yeah, I'll go down in the afternoon and I'll take a look at whatever.
AUDIO RECORDING: Yeah, we'll go for a walk on the beach or something.
AUDIO RECORDING: All right, sounds good.
AUDIO RECORDING: Okay. All right, sounds good.
AUDIO RECORDING: Bye-bye.
MS. CAPPLEMAN: All right, so this call — Charlie says, "Obviously, don't talk about things in the apartment or any place."
JUDGE EVERETT: One moment. What is the objection?
JUDGE EVERETT: The objection is overruled. You may continue with your examination.
MS. CAPPLEMAN: "Obviously, don't talk about things in the apartment or any place." And she says, "Obviously," right?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Why?
PATRICK SANFORD: That's a good question.
MS. CAPPLEMAN: Did you have the apartment bugged?
PATRICK SANFORD: No, we did not.
MS. CAPPLEMAN: Did the gang member have the apartment bugged?
PATRICK SANFORD: No, he didn't.
MS. CAPPLEMAN: And next there's a statement: "This TV is probably going to be about five." Was there anything to do with the TV in this bump operation?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: The word "TV" — mentioned to Donna Adelson when the undercover approached her?
PATRICK SANFORD: No.
MS. CAPPLEMAN: Did he say she was buying a TV for $5,000?
PATRICK SANFORD: No.
MS. CAPPLEMAN: Okay. So the TV though has significance in the greater context of your investigation?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: How so?
PATRICK SANFORD: Charlie Adelson had supposedly joked to several people about buying his sister a TV as a divorce present instead of hiring a hitman.
MS. CAPPLEMAN: And was that the same TV that also served as Wendi Adelson's alibi in the morning of the murder?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: In this call that we just heard, Donna Adelson says that the person that approached her, quote, "mentioned an ex-girlfriend." When Ms. Adelson is talking on this call that we just heard, she says that the undercover, quote, "mentioned an ex-girlfriend." Does she say the name of the ex-girlfriend?
PATRICK SANFORD: No.
MS. CAPPLEMAN: To Charlie Adelson?
PATRICK SANFORD: No, she doesn't.
MS. CAPPLEMAN: All right. Did the undercover say the name of an ex-girlfriend to Donna Adelson?
PATRICK SANFORD: Yes, he did.
MS. CAPPLEMAN: What did he say?
PATRICK SANFORD: He said Katie and Tudor.
MS. CAPPLEMAN: Okay. And does Charlie have more than one ex-girlfriend?
PATRICK SANFORD: Yes, he does.
MS. CAPPLEMAN: Yes, a litany of them, right?
PATRICK SANFORD: He does.
MS. CAPPLEMAN: Okay. So when Charlie hears "ex-girlfriend," does he, in fact, on the next call, call one of his ex-girlfriends?
PATRICK SANFORD: Yes, he does.
MS. CAPPLEMAN: Okay. And he has not been told "Katie" yet.
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Okay. Who does he call?
PATRICK SANFORD: He calls Katherine Magbanua.
MS. CAPPLEMAN: Is that our call D, the next call?
PATRICK SANFORD: Yes, it is.
MS. CAPPLEMAN: Publish call D, please.
AUDIO RECORDING: Can you hear me okay?
AUDIO RECORDING: I can hear.
AUDIO RECORDING: Okay. I just want you to listen to me. I'll be able to talk to you in person when I see you tomorrow.
AUDIO RECORDING: Okay. Because I don't know what's going on, but my mom walked the kids. I only heard part of the story, and I'm going to go down there and talk to her tomorrow to find out what's going on.
AUDIO RECORDING: Okay. She didn't want to elaborate, but she said someone approached her on the street, called her by name, handed her an envelope with, uh, something in it. Yeah. And, uh, somebody — she really wanted to go into detail, but I — I have no idea what this is in reference to, but something regarding her son, something regarding his ex-girlfriend, and the person asking my mom for somebody — what? Yeah. So I said, well, hang on. I'm like, first, what you're saying — I thought it was like something involved in the IRS or something like that. So I don't even know what the fuck it's about, um, at all. So somebody can like bump into your mom like that? Well, they came up to her on the street after she dropped the kids off at school, I guess. She brought her to school, I don't even know. No, but they must know her routine, they must know who she is. They walked up to her, they called her by name, they handed her an envelope, and she said they spoke to her for a few minutes, and then she said they were making reference to my ex-girlfriend, and that was no fun, so they left it out, and then they explained that they needed to be paid the money.
AUDIO RECORDING: For what?
AUDIO RECORDING: I don't even want to talk to you on the phone. But, like, would she be the person?
AUDIO RECORDING: Oh, yeah, that's what I said. Someone's going to try to blackmail you or something.
AUDIO RECORDING: Exactly. Or blame you.
AUDIO RECORDING: She's like, I don't even know what this is about.
AUDIO RECORDING: I don't want to talk about it. I'm going to take a picture and send you where it is. I just want you to be the person.
AUDIO RECORDING: So I'm going to go there. I can't even fucking go there today because I'll get out of work by 9 o'clock at night.
AUDIO RECORDING: So she's like, just... well, can you just talk to your mom?
AUDIO RECORDING: I don't even fucking know. I don't know what's going on with my mom. You didn't do anything with my mom?
AUDIO RECORDING: Who was my mom? Okay, just checking. I don't...
AUDIO RECORDING: Just checking. I don't know what you're talking about. No, but I feel good for your mom. Like, what the hell? Well, I don't...
AUDIO RECORDING: Yeah, and my mom said it involved your ex-girlfriend, so I don't — I don't even think she said who. I'm just like, you're my last girlfriend, so that's why I'm calling you.
AUDIO RECORDING: I have no idea. So, anyway, I'm going to find out. Well, they wanted money.
AUDIO RECORDING: I know, exactly. Did she tell you?
AUDIO RECORDING: Yeah, she was just kind of like a little bit rattled with the kids and was like, listen, I just didn't have the day off for long, so she was like, come down and talk to me. So I'm going down tomorrow to talk to her, and then — I don't remember if it had anything to do with you. If they're mentioning you or any records to you, I'll keep you posted.
AUDIO RECORDING: Why don't you meet me? Yeah, we'll talk. I don't know.
AUDIO RECORDING: We'll talk. We'll talk. It could be anything. So I just assumed that, but anyway, it doesn't matter.
AUDIO RECORDING: So I may want to see you tomorrow. If it doesn't, then I feel like a fucking idiot for even calling and wasting your time.
AUDIO RECORDING: But if it doesn't, then I have to do it. I don't know, I thought that would be the right time to open my door, but I don't. I did, Mom, with the guy wearing black glasses. Mom was like, no, I can take the person out in one half a second. They came over to me very politely. They had a white male in his thirties, no hat, no glasses, just a white male in his thirties, came up to her and addressed her.
AUDIO RECORDING: But anyway, to be here or there, I feel like an idiot or some other tank, but anyway. Yeah, did you have any fights with anyone over there since you were with me? I don't know.
AUDIO RECORDING: I mean, maybe I should just be calling everybody today.
AUDIO RECORDING: Yeah, you should try to find out. I thought when I spoke to my mom, she said they mentioned your name in it. That's why I was calling you, but I'm going to feel like an idiot if they didn't. So, anyway, are you working tomorrow, or what's the story?
AUDIO RECORDING: Uh, yeah. What do you do? Is that why you're there? All right, what time do I finish work?
AUDIO RECORDING: Thank you.
AUDIO RECORDING: All right, let me know.
AUDIO RECORDING: What time do you finish work tomorrow?
AUDIO RECORDING: Oh, it doesn't matter. Well, like, I told them, like, I'm usually between, like, 9:30 to... Do you want me to get up?
AUDIO RECORDING: Okay. Any time between 9:30 to, like, 3-ish, 4-ish. It depends.
AUDIO RECORDING: Okay. Today I was, like, super, like, crazy.
AUDIO RECORDING: Okay, I'm going to get back in there. I'm going to be in Miami, and when I'm done hanging out down there, I'm going to come to you. Yeah, I'm right there as well. So figure somewhere around 4, I'll see you. Okay.
AUDIO RECORDING: All right. No worries, kiddo. All right. All right. Have a good day. I'll talk to you later.
MS. CAPPLEMAN: In this call, Charlie Adelson tells Katherine Magbanua that the man that approached his mother said, quote, something regarding her son and his ex-girlfriend. Did the undercover say anything about Charlie Adelson or Donna's son?
PATRICK SANFORD: No.
MS. CAPPLEMAN: Did the undercover reference Charlie Adelson at all?
PATRICK SANFORD: No, he did not.
MS. CAPPLEMAN: When Donna Adelson relayed to Charlie what the undercover did, did she say they mentioned you?
PATRICK SANFORD: No.
PATRICK SANFORD: But what he deduces is that — he misremembers that it was just about him. That's what appears correct.
MS. CAPPLEMAN: Did he proceed after this call to call any of his other ex-girlfriends?
PATRICK SANFORD: No, he did not.
MS. CAPPLEMAN: Did he speak to anyone else about this other than the family members that we're going to hear and Katherine Magbanua?
PATRICK SANFORD: No, he didn't.
MS. CAPPLEMAN: Right. There was discussion of an in-person meeting between the defendant and her son Charlie Adelson. Did that take place?
PATRICK SANFORD: It did.
MS. CAPPLEMAN: When did that take place?
PATRICK SANFORD: The following day, at about — things around one o'clock.
MS. CAPPLEMAN: Is this April 20th, 2016?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Where did the meeting take place?
PATRICK SANFORD: It took place behind Mrs. Adelson's building.
PATRICK SANFORD: They actually met in the building, we believe, and then came out the back of it and walked down.
PATRICK SANFORD: There's a boardwalk sidewalk along the water behind their building, and they walked along the sidewalk to a restaurant called Monty's. And there's a table out by the water out by itself just behind the restaurant that they went and sat at and met there and talked.
JUDGE EVERETT: If you need your hearing-assisting device, please wear it so you do not miss any of the evidence. Please ask your question.
MS. CAPPLEMAN: What, if any, efforts were made to surveil or record the meeting between Charlie Adelson and the defendant?
PATRICK SANFORD: Yes, I had recording equipment brought in, and we tried to get as close as we could to them. They sat out away from anyone else across the sidewalk — right by the water on one side of them and a sidewalk on the other — and we couldn't get very close to them without alerting them that we were there.
MS. CAPPLEMAN: Were you able to record the contents of their conversation at that in-person meeting?
PATRICK SANFORD: No, we tried, but it was inaudible. There was no audio.
MS. CAPPLEMAN: Were you able to get any photographs of this in-person meeting?
PATRICK SANFORD: I was.
MS. CAPPLEMAN: Judge, at this time I'd ask to introduce the —
MS. FULFORD: No objection.
MS. CAPPLEMAN: State's 53 is in evidence. May I publish?
JUDGE EVERETT: You may.
MS. CAPPLEMAN: Describe for the jury their demeanor, the way in which they were speaking at this meeting.
PATRICK SANFORD: Yes. They were talking in very low voices, and Mr. Adelson was usually very loud, but he was not talking in a loud voice in this particular meeting. Even when they walked down the sidewalk, they were talking very low, leaning into each other — almost a whisper.
MS. CAPPLEMAN: How long did the meeting last?
PATRICK SANFORD: I believe around 30 minutes at the table.
MS. CAPPLEMAN: Judge, I think this might be a good time to recess for the day.
JUDGE EVERETT: Members of the jury, we are going to take our break for the evening at this point. Once again, I'm going to remind you not to discuss this case with anyone else or each other. Also, as well, do not seek out any information or news reporting concerning this matter. Just leave the items that you were handed in your chair along with your notepads, please. Report tomorrow at 8:30 and we will continue with the examination of the witness. We anticipate getting started by 9:45. Have a good evening.
JUDGE EVERETT: Everyone can be seated. Miss Cappleman for the direct of Agent Sanford — how much longer do you believe that will take tomorrow?
MS. CAPPLEMAN: It's going to take most of the day tomorrow. I do hope to get a couple more witnesses on for the end of the day.
JUDGE EVERETT: Very well. Does the other party need to be heard before we go into recess?
MS. FULFORD: I'd like to be heard. I respect your ruling, although I thought that you had indicated that you were instructing Ms. Cappleman not to provide cumulative testimony when we returned.
JUDGE EVERETT: Well, she is not testifying at all. This is about the formal question that we're getting to.
MS. FULFORD: One of my objections was that, in fact, she is testifying — and I failed to mention that at sidebar. So the jury is getting to hear the reporting call.
MS. FULFORD: There's a highlighted transcript in front of them that they're leaning in and reading while we're going through the call. Then Ms. Cappleman could have asked questions like, did Charlie say this, was somebody's name mentioned — instead, she's repeating again what's on the call, and that's not fair to my client. That's not following the rules of evidence, and I just want to make a record. Thank you.
JUDGE EVERETT: Concerning that matter, I've already made my ruling. She is allowed to ask questions that go to the context of what has been admitted. There's nothing more I have to say on the subject concerning this? Are there any other matters?
MS. CAPPLEMAN: Nothing from the state, Judge.
MR. ZELMAN: I'll review the recording that the state provided, and I'll have an answer to the court and the state in the morning.
JUDGE EVERETT: Very well, please report by 8:30. We will await the jurors and then we'll continue with the examination of Agent Sanford.
JUDGE EVERETT: Have a good evening, everyone.
MS. FULFORD: Thank you, Judge.