6.Patrick Sanford — Direct (Part 1)
859 linesJUDGE EVERETT: Please call your next witness.
MS. CAPPLEMAN: Special Agent Pat Sanford.
JUDGE EVERETT: Please raise your right hand to be sworn.
Do you swear or affirm the testimony you're about to give will be the truth?
BRIAN KENDALL: I do.
JUDGE EVERETT: You may take your seat.
BRIAN KENDALL: Thank you.
JUDGE EVERETT: Please speak loudly and clearly.
BRIAN KENDALL: Yes, sir.
whereupon, PAT SANFORD was called as a witness, having been first duly sworn, was examined and testified as follows:
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Sir, please introduce and spell your name.
PATRICK SANFORD: My name is Patrick Sanford, S-A-N-F-O-R-D. I'ma 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 day on which his proffer was given?
PATRICK SANFORD: I can 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?
PATRICK SANFORD: I would.
MS. CAPPLEMAN: September 30th of 2016?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: And the investigation had been ongoing for some time at that point; right? I mean, the murder occurred in 2014?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: And in the proffer that was given by Luis Rivera, was there anything new -- particularly interested in 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 had 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, and 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 was, in fact, any evidence of what Rivera was = describing?
PATRICK SANFORD: we did.
MS. CAPPLEMAN: I am going to approach and show you what I've marked as 48 through 52. Do you recognize these exhibits?
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 would ask to move into evidence State's 48 through 52.
JUDGE EVERETT: Any objection?
MS. FULFORD: No objection.
JUDGE EVERETT: They are admitted.
(State's Exhibit 48-52 received in evidence.)
MS. CAPPLEMAN: May I publish?
JUDGE EVERETT: You may.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Publishing State's 48. 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 pine mica color, you could still kind of tell was the previous color?
PATRICK SANFORD: That's correct. Like in the doorjambs and under the hood, there was 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's side of the vehicle. It has a directional rod put through where the bullet hole traveled. It 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 State's 51. 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?
PATRICK SANFORD: There it is again, just a close-up.
MS. CAPPLEMAN: I don't know if can make it any better. Do it the old fashioned way. So 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 that the homicide had to take place on the day that it occurred because he was traveling out -- 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, that 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 trip 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 were able to corroborate that.
MS. CAPPLEMAN: All right. Are you familiar --
MR. ZELMAN: Judge, can you have the witness speak up, please? we're having trouble.
JUDGE EVERETT: If you can just speak up a little bit louder, Special Agent.
PATRICK SANFORD: Yes, sir.
BY MS. CAPPLEMAN:
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 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: And are all of those calls contained on that thumb drive, 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, I would ask to introduce State's 99.
JUDGE EVERETT: Any objection?
MS. FULFORD: No objection.
JUDGE EVERETT: State's 99 is admitted.
(State's Exhibit 99 received in evidence.)
MS. CAPPLEMAN: Permission to publish by way of demonstrative B, Your Honor?
JUDGE EVERETT: You may.
MS. CAPPLEMAN: B as in boy.
BY MS. CAPPLEMAN:
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: 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: And that she pulled the plug on that house on Halloween in 2013; you familiar with that?
PATRICK SANFORD: Yes, I am.
MS. CAPPLEMAN: 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. And have you reviewed call -- I'm sorry. Oh, gosh. Strike that. I'11l 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: And specifically -- I think this one is called 989. what's the gist of what is on that call?
PATRICK SANFORD: Mrs. Adelson is talking to Charlie Adelson, and they are 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 is Donna Adelson enlisting Charlie's help in dealing with wendi?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Managing wendi?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: Permission to publish at this time call 989, Your Honor?
JUDGE EVERETT: You may proceed.
MS. CAPPLEMAN: And if we can start at eight minutes and 56 seconds, or thereabouts. Oh, we have no power. So we are requesting a recess.
JUDGE EVERETT: Members of the jury, we will take a brief break. The bailiff will escort you to the jury room.
(Jury exits.)
JUDGE EVERETT: So for all of our advanced equipment, do we need a repairman?
MS. CAPPLEMAN: I think it's user error, Judge.
(Court in recess.)
JUDGE EVERETT: Please bring them in.
MS. CAPPLEMAN: Judge, there's a copy of 85 on your table there.
JUDGE EVERETT: All right.
(jury present.)
JUDGE EVERETT: You may proceed.
MS. CAPPLEMAN: Thank you, Judge. Sorry about that.
BY MS. CAPPLEMAN:
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, calls and a couple of text messages, and a little bit of timeline in mostly chronological order.
MS. CAPPLEMAN: The dates that the calls were made and who they are to and from, that sort of thing?
PATRICK SANFORD: That's correct. It just has --
MS. CAPPLEMAN: And 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: Judge, at this time I would ask to move into evidence State's Exhibit 85.
JUDGE EVERETT: Any objection?
MS. FULFORD: No objection.
JUDGE EVERETT: State's 85 is entered.
MS. CAPPLEMAN: May I have permission to provide copies to the jurors, Your Honor?
JUDGE EVERETT: You may.
(State's Exhibit 85 received in evidence.)
JUDGE EVERETT: You may.
MS. CAPPLEMAN: All right. We were about to listen to call 989. Judge, we are going to advance the call to eight 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 is an accompanying volume control in the front here. So my suggestion is to just let everybody tinker with it and get settled, and then we'll move the call along.
JUDGE EVERETT: That's fine.
JUROR: May we make notes on this?
JUDGE EVERETT: For that, use your notepads still. I believe there will be one copy that goes back later. But use your notepads.
(Brief pause.)
MS. CAPPLEMAN: Let's go to eight minutes and 56 seconds, please.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of these proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
(Audio begins:)
CHARLIE ADELSON: Because I'm in that demographic of guys she wants to date.
DONNA ADELSON: Right. Right.
CHARLIE ADELSON: And I don't have a problem telling her, Wendi, you put a Victoria Secret model in front of me at 37, I'm not asking her on a date, no.
DONNA ADELSON: She needs to know, Charlie, how unusual a guy he is.
CHARLIE ADELSON: Of course.
DONNA ADELSON: And Cinaudible), you know, especially --
CHARLIE ADELSON: Mom, mom, mom, I have done --
DONNA ADELSON: I know.
CHARLIE ADELSON: -- above and beyond.
DONNA ADELSON: I know, honey.
CHARLIE ADELSON: And I will continue to talk to her.
DONNA ADELSON: I know. I know.
CHARLIE ADELSON: But there's -- you know, there's a limit to -- there's a point at which someone purposely will do what you're asking them to do -- purposely do the opposite.
DONNA ADELSON: well, she's going to screw her life because there isn't going to be another Dave. There isn't going to be another Dave.
CHARLIE ADELSON: what's that?
DONNA ADELSON: There's not going to be another Dave.
CHARLIE ADELSON: No. No. And the reason why -- I'll never tell someone you can't win the lottery twice, but I can tell you this, the probability is not in your favor. The probability is not in your favor of winning the lotto once. Winning it twice, even more, and that's -- you know, that's how I talk to her. Because what happens is this --
DONNA ADELSON: Because that's what she needs to hear.
CHARLIE ADELSON: She understands when I -- 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 model in front of me, I wouldn't want to get serious with her. why? when I can be with a 25-year-old. I said, a 25-year-old is going to be (inaudible) in 15 years. I go, You want to buy a car with high mileage or low mileage?
I go, listen, wendi, you don't want to date a guy that's 50. You know why? Because he's too old for you, and he is going to be 60 in 10 years, and 10 years from now, you don't want to see yourself with a 60-year-old. I get it. So it is what it is.
DONNA ADELSON: But you can definitely ask her why she's not going out with Dave because you were there
(inaudible).
CHARLIE ADELSON: Mom, I know.
DONNA ADELSON: JI opened it for you.
CHARLIE ADELSON: Mom, of course, but just hear me out. I can talk to wendi differently than anyone can, but even when I do, I don't -- I don't reference it as saying, wendi, in a million years, I wouldn't date a girl like you with two kids, but it's true. In a million years I wouldn't. what I would say is, Wendi, the Victoria's Secret model, I wouldn't have you set me up with if she was 37.
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 --
DONNA ADELSON: Friends, I know.
CHARLIE ADELSON: -- that tell her that you deserve the superman with the -- some guy who is a doctor who is single who is just dying to take over the responsibility of two kids who aren't his.
DONNA ADELSON: Right.
CHARLIE ADELSON: Like -- and there's tons of very wealthy, successful, young, good-looking guys that want to date her because nothing is more fun than to have a six-year-old fart in your face when you're trying to talk to your girlfriend when you get home from work. That's awesome.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: That's cool.
DONNA ADELSON: And only someone like him who's got three boys, who knows what it's like, could understand it, and it doesn't even bother him.
CHARLIE ADELSON: Yeah, and it's not only that. Listen, let me give you the example. Ted Burman -- do you remember (inaudible) that had that crazy mom who lived on the other street? The lawyer?
DONNA ADELSON: No, of course. Of course.
CHARLIE ADELSON: Okay. Ted Burman got divorced from his wife. He is engaged now. I told you about that, right?
DONNA ADELSON: Yeah, uh-huh.
CHARLIE ADELSON: So, yeah, he took a whole bunch of people -- he took -- you know warren Sapp?
DONNA ADELSON: (Inaudible.)
CHARLIE ADELSON: The football player, yeah. He took warren Sapp, Javon Hurst, a whole bunch of his friends, like, paid for everybody -- for, like, 20 people to go for the weekend to Atlantis. He will go there and spend like $50,000. So his wife ended up sleeping with Javon Hurst.
DONNA ADELSON: Nice.
CHARLIE ADELSON: So, anyway -- so he is engaged now to a girl that he has known forever. Okay. He has three kids. I'm in that age group. I don't know --
(Audio recording concluded.)
BY MS. CAPPLEMAN:
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: The's the sound that it makes when the officer who is monitoring the call, he minimizes it. So he'll hit a button. It stops it and makes that noise. And then when he presses it again to monitor it again, it picks right back up at 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: And 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. Let's go a little more.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of these proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
(Audio begins:)
CHARLIE ADELSON: And I'm wondering if you've met one. It's not -- I mean, yes, your kids are a blessing (inaudible), but they are a burden to somebody else.
DONNA ADELSON: Yeah, that's true.
CHARLIE ADELSON: Like, I mean, listen, do I look like the kind of guy that wants to come home from work and talk to my 37-year-old girlfriend while her kid farts in my face? No. They are my nephews. I love them. But as far as dating someone, hell, no.
DONNA ADELSON: I know.
CHARLIE ADELSON: I want to go ahead and tell my girlfriend, listen, let's go away for the weekend. what time -- can you get off next Friday? Okay. I don't want to go, like, Oh, we've got to deal with -- you know, can we get the in-laws to watch them? what does their schedule look like? It's not just Wendi. It's Wendi and the three boys. It's three people you are dealing with.
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: So you can't -- you know -- and trust me. I know what to say.
DONNA ADELSON: JI know you do. I know you do.
CHARLIE ADELSON: I mean -- and, listen -- anda part of me is pissed because you know what? Someone gets handed a golden opportunity --
DONNA ADELSON: And you know what? That's what she has to hear. Sometimes you get, you know, the gold ring (inaudible) and, you know, I don't know why she's got her head stuck up in her ass or something.
CHARLIE ADELSON: Because she has everyone telling her that she is such a great catch because she is, but they're not -- but guess what?
DONNA ADELSON: They're not living her life.
CHARLIE ADELSON: They're not living her life, and they're not breaking it down and saying who's -- you know, listen, the guy who may treat her really well just may never really bother -- like, there's so many aspects to it. So he may be a great guy, but he doesn't really want to do anything with your kids. what are you going to do? Kick him out, too?
DONNA ADELSON: This guy -- not only is crazy about her, but he's crazy about those boys.
CHARLIE ADELSON: I know.
DONNA ADELSON: (Inaudible) and that's what --
CHARLIE ADELSON: That's why.
DONNA ADELSON: -- gets me.
CHARLIE ADELSON: Because the truth is, she will meet -- she can meet a great guy. And, yeah, those aren't his boys, and he just doesn't like them. what is she going to do? Get rid of him? He may treat her well, but he's like okay with the kids.
DONNA ADELSON: He will tolerate the kids. He will put up with them.
CHARLIE ADELSON: Put up with them or whatever. And then what if they are real nice to the boys on day one but, you know, three years down the road he has had enough of them? They ain't his. You know, they are going through a tough time. I mean, I'm just saying --
DONNA ADELSON: I think she needs to know that she's been given an opportunity that she -- most likely will never happen again.
CHARLIE ADELSON: No. Listen, I mean --
DONNA ADELSON: And if she throws it away, she is not only throwing it away for herself, she is throwing it away for these kids that deserve a dad.
CHARLIE ADELSON: But you don't understand. You could never say that to her. well, you can. It would just --
DONNA ADELSON: I could. Yeah, I know.
CHARLIE ADELSON: You can say anything you want. It's America. I mean, I hate to tell you the end of -- you could tell me the beginning, and I could tell you how it would end.
DONNA ADELSON: If you weren't here, that's what I would do. I would try. I would try.
CHARLIE ADELSON: Yeah, you fuck it up good, and go, I tried. You would get -- mom, you would get 30 seconds into your planned speech before she told you to butt out of her life, and rightfully so. It's her life. She can tell you whatever she wants, but the difference -- the difference is, is that I can talk to her differently than you can.
DONNA ADELSON: I know. Charlie, believe me -- and I'm grateful that you do. I really -- you know that. You know that.
CHARLIE ADELSON: Trust me. I know. I mean, listen. She's doing great considering everything she's been through. I would just like --
DONNA ADELSON: But you know what? She's just -- she's your sister. She loves you. She's a good sister, and you're an amazing brother. And I'm just grateful the two of you have each other. TI really am.
CHARLIE ADELSON: Well, I am too, but I can tell you this --
DONNA ADELSON: I really am.
CHARLIE ADELSON: No --
DONNA ADELSON: And TI appreciate what you do because who else is going to do it? who else is going to say, Hey, wake up? You know, this is -- this is not only the perfect guy for you but a dad to these boys. My God.
CHARLIE ADELSON: Mom, I got -- mom, listen. Most people don't ever get an opportunity like this, to begin with.
DONNA ADELSON: I know. I know.
CHARLIE ADELSON: I am just saying, like, to begin with --
DONNA ADELSON: I'm shocked that she does.
CHARLIE ADELSON: And that's -- and that's what I can -- listen, mom.
DONNA ADELSON: I feel like knocking her in the head. I mean it. I'm going like, Wake up. wake up.
CHARLIE ADELSON: Trust me, mom. Mom, believe -- let me say this much to you. As much as you feel like knocking her over the head, I feel like punching her and then knocking her over the head.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: So trust -- trust me on this.
DONNA ADELSON: I know.
CHARLIE ADELSON: So what I'm telling you is that I'll talk to her, and I will do my best. Which my best is very good.
DONNA ADELSON: I know it is.
CHARLIE ADELSON: And, listen, and you've got to understand. The way I'll tell her too is, like, wendi, she loves Jess. I think Jess is awesome. Jess will be a great friend to me, and I talk to Jess all the time. wendi, I wouldn't date Jess in a million years because she's 37, and she has no kids.
DONNA ADELSON: And she has no kids and desperately wants children.
CHARLIE ADELSON: Absolutely. I said, but she has no -- I go but (inaudible). So it's like you winning the lotto and saying, I'll never win the lotto again. That's not true. You still have a one in 14 million chance. I'm not going to take that from you. You can get out there and buy another ticket and win the lotto again. It's highly unlikely.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Okay. I think we get the idea. we're two years out, right, from Dan Markel's murder?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: And who is Dave? Did you identify Dave through the course of the investigation?
PATRICK SANFORD: we did. He's -- Dave Aitel, he's a successful businessman and lives in South Florida.
MS. CAPPLEMAN: And is this the only call that happened to be captured on the wire in which these two were discussing wendi's love life?
PATRICK SANFORD: No, it wasn't.
MS. CAPPLEMAN: They talk about Dave quite a bit?
PATRICK SANFORD: They did, several times.
MS. CAPPLEMAN: All right. 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's to do her bidding in reference to wendi's career as well?
PATRICK SANFORD: Correct. She does.
MS. CAPPLEMAN: Publish call No. 2873 at this time, Judge?
JUDGE EVERETT: You may proceed.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of these proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
(Audio begins:)
CHARLIE ADELSON: -- learn what you can with these people. Sounds like you're not learning much of anything, but --
KATHERINE MAGBANUA: No. I'm teaching myself.
CHARLIE ADELSON: I would take -- I would take the course. The course is a -- you could do the course in two different ways. I think it's either one week, and then you take the course, or you go, like, every weekend for a month, and then you take -- and then you take the test.
KATHERINE MAGBANUA: I'm not -- like, yeah, but I'm not, like, thinking about that right now, right now. Like, I still -- you know, my passion is being in the medical field.
(Audio recording concluded.)
MS. CAPPLEMAN: This isn't what it's supposed to be. Is this 2873? All right. we'll come back to that one. Sorry, folks. Wrong call.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. Are you familiar with the bump in this case?
PATRICK SANFORD: I am.
MS. CAPPLEMAN: 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 hit men.
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 the 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 created, linking back -- because we had telephone calls going through, linking Luis Rivera to Sigfredo Garcia, then to Katherine Magbanua, and then to Charlie Adelson and to Mrs. Adelson here.
MS. CAPPLEMAN: So it was a rouse?
PATRICK SANFORD: It was a rouse, correct.
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. 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 the, you know, if the pattern that we're seeing that we think is the members of the conspiracy, is that right, who is a member of the conspiracy and what are their roles?
PATRICK SANFORD: Yeah. we had Luis Rivera, Sigfredo Garcia would talk. And then Sigfredo Garcia talked to Katherine Magbanua through the phones. Katherine Magbanua talked to Charlie Adelson through the phones. And Charlie Adelson would talk to Donna Adelson through the phones. And then it would go back. It would always go back and forth in that order. It never skipped anyone. No one ever jumped over 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 that were occurring during those times.
MS. CAPPLEMAN: So was it of interest to find out, you know, if we approach Donna Adelson in this way, what is she going to do, who is she going to go to?
PATRICK SANFORD: Exactly. See what her reaction was.
MS. CAPPLEMAN: Is she going to call the police? Is she going to call Luis Rivera? what she's going to do?
PATRICK SANFORD: Exactly.
MS. CAPPLEMAN: Okay. And did you have an opportunity to review State's Exhibit 113? 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.
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: And are these fair and accurate recordings of the bump from both those angles?
PATRICK SANFORD: They are.
MS. CAPPLEMAN: Move into evidence State's 113, Judge.
JUDGE EVERETT: Any objection?
MS. FULFORD: No objection.
JUDGE EVERETT: State's 113 is admitted.
(State's Exhibit 113 received in evidence.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: And the undercover -- the officer that played the 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 had -- we didn't want to cause concerns for the agent's safety. If he approached her being too aggressive and too scary, we didn't know how she would react, if she would possibly be armed at the time. we had no idea. So didn't want to create a hostile environment to make her become overly aggressive.
MS. CAPPLEMAN: And is that a concern in every undercover operation, that you just kind of don't know what you are going to get; I mean, it's not specific to this defendant, right?
PATRICK SANFORD: That's correct. That's in every case. we try to minimize the risk to the officer safety and the people around.
MS. CAPPLEMAN: Let's publish 113, please.
(A video recording was published in open court. This transcript should not be considered a verbatim record of these proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
(Video begins:)
OSCAR JIMENEZ JR.: Black shorts? what is it? Yeah. Okay. Okay. Bye.
Excuse me, Ms. Adelson? How you doing? I just want to give you this. Listen --
DONNA ADELSON: who are you? You scared me.
OSCAR JIMENEZ JR.: Don't be scared. Listen, I just want to let you know that we know that your family has been taking care of Katie and her friend, Tuto, for quite some time after your problem up north has resolved.
And I want to let you know that my brother -- he's incarcerated. He helped your family with this problem you guys had up north, and we want to make sure that -- 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 Tuto.
DONNA ADELSON: TI don't know what you're talking about.
OSCAR JIMENEZ JR.: well, this will explain it. Thank you.
(Video recording concluded.)
MS. CAPPLEMAN: All right. Pause it, please.
BY MS. CAPPLEMAN:
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 in her building?
PATRICK SANFORD: Not that we ever saw, no.
MS. CAPPLEMAN: And does she make any phone calls once she goes back in 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.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of these proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
(Audio begins:)
DONNA ADELSON: So, you know, if you have time tonight after work or some other time in the very near future, I'm going to need to speak with you.
CHARLIE ADELSON: Okay.
DONNA ADELSON: Okay.
CHARLIE ADELSON: Did someone write a letter to you or something?
DONNA ADELSON: I got some -- I got some paperwork hand-delivered to me.
CHARLIE ADELSON: You're being sued?
DONNA ADELSON: No. That's what I thought it was, but I'm going to need to talk to you.
CHARLIE ADELSON: Okay.
DONNA ADELSON: Okay. So, I mean, I could even --
(inaudible) have to figure out something (inaudible)
DONNA ADELSON: wherever you are --
CHARLIE ADELSON: well, I'm at Mitch Klein's office on Oakland Park Boulevard.
DONNA ADELSON: Okay.
CHARLIE ADELSON: So I'm -- right now I'm at (inaudible), and then 1'11 be at his office in the -- in the afternoon.
DONNA ADELSON: Okay. So the boys will finish their -- they will finish their piano lesson around 4:00ish, and it may take me -- depending how bad the traffic will be. I may take a ride with them up there.
CHARLIE ADELSON: Does dad know about this?
DONNA ADELSON: No, dad's at work today, fortunately.
CHARLIE ADELSON: what's Cinaudible) the IRS or --
DONNA ADELSON: You know, those IRS people, they kind of bother you sometimes, but, you know, fortunately not now.
CHARLIE ADELSON: I got you.
DONNA ADELSON: So I will talk to you. I will give you a heads-up if I am going to drive out that way.
CHARLIE ADELSON: All right.
DONNA ADELSON: Okay? And (Cinaudible) --
CHARLIE ADELSON: Does Wendi know about it? Does it involve wendi or anything?
DONNA ADELSON: No, no, no, no, no, no, no. So let me just talk to you later and --
CHARLIE ADELSON: what is it? Is everyone's health okay?
DONNA ADELSON: Yeah.
CHARLIE ADELSON: All right. Does it involve me or other people?
DONNA ADELSON: Well, probably both of us.
CHARLIE ADELSON: what's that?
DONNA ADELSON: Probably the two of us. So you probably have a general idea what I'm talking about.
CHARLIE ADELSON: AI1l1 right.
DONNA ADELSON: So let's -- let's just find some time to talk to each other, and I'll take the boys for a ride, okay?
CHARLIE ADELSON: Are you going to take the boys up there?
DONNA ADELSON: Well, wendi doesn't come home -- she doesn't get here until about 7:00, and that's when dad gets here.
CHARLIE ADELSON: So it's urgent you talk to me today?
DONNA ADELSON: Today or tomorrow. I mean, it's important.
CHARLIE ADELSON: All right.
DONNA ADELSON: TI don't know what to do.
CHARLIE ADELSON: well, I will be up at Mitch Klein's office. Do you want to come up --
DONNA ADELSON: Until late?
CHARLIE ADELSON: Oh, yeah, until really late.
DONNA ADELSON: I'm just concerned that I would have to get up there and get back in time for Wendi to get them. Sometimes she gets out a little early. I wouldn't want her to come and them not be here. (Inaudible).
CHARLIE ADELSON: Can I ask you a question? who was the paperwork sent from?
DONNA ADELSON: TI see, Ben. That's great.
It was something that came hand to hand to me as I exited the building today.
CHARLIE ADELSON: Was it -- was it anonymous or --
DONNA ADELSON: Oh, no, it's not anonymous. It's not anonymous. I just don't want to discuss it over the phone.
CHARLIE ADELSON: All right. Whatever it is, it is.
DONNA ADELSON: I know.
CHARLIE ADELSON: All right. It's silly, but if you want --
DONNA ADELSON: I wouldn't bother you. Trust me.
CHARLIE ADELSON: Yeah, I know. I know. Do you want me to come down to see you tomorrow? TI actually have the day off.
DONNA ADELSON: Yes, that would be wonderful. Dad actually works later tomorrow. You know, he goes in at one o'clock. we both work out at the gym from 9:30 to 10:30, so --
CHARLIE ADELSON: Whatever it is, I'll take a look at the paperwork.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: TI hope it's not the IRS, but I will --
DONNA ADELSON: I just would like you to review it and to give me some input as to what -- what your thoughts are.
CHARLIE ADELSON: All right.
DONNA ADELSON: Okay. So come down tomorrow. Dad leaves at 12:00. So anytime after 12:00 would be good.
CHARLIE ADELSON: 12:00 tomorrow?
DONNA ADELSON: Yeah, he leaves at 12:00. He starts at 1:00 there. So 12:00, 12:15 Cinaudible).
CHARLIE ADELSON: All right. I will come down in the afternoon. That way I can hang out with you and see the boys too.
DONNA ADELSON: That would be great.
CHARLIE ADELSON: Perfect. All right. I will talk to you later.
DONNA ADELSON: Love you, honey. Bye.
CHARLIE ADELSON: Love you. Bye.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
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 is 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.
MS. CAPPLEMAN: 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.
MS. CAPPLEMAN: Probably both of us, probably the two of us?
PATRICK SANFORD: The two of us, she said it twice.
MS. CAPPLEMAN: Does she say the name Dan Markel in this call?
PATRICK SANFORD: No, she does not.
MS. CAPPLEMAN: Does 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 is 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.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of these proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
(Audio begins:)
CHARLIE ADELSON: Hey. How are you?
DONNA ADELSON: Okay.
CHARLIE ADELSON: Good. Is it -- is it me not paying the SunPass? I'm just kidding. No, listen. what was I going to say? Do you mind paying my Brown and Brown Insurance?
DONNA ADELSON: No, that's fine.
CHARLIE ADELSON: Okay. Because I'm going to just stick with the same company.
DONNA ADELSON: They're supposed to shop it for you, you know.
CHARLIE ADELSON: Yeah. But the thing of it is, if you stay with the same company for three years, they can then try to bump you down into a lower bracket.
DONNA ADELSON: Oh, okay. So it's a good idea to do that.
CHARLIE ADELSON: So I might as well stay with them and then hope that that's actually true, that they can do what they said about putting it in a lower bracket.
DONNA ADELSON: Okay. So you want me to call Pam Hall?
CHARLIE ADELSON: Yeah, because I told her that my mom would call her because she handles, like, that stuff with the office.
DONNA ADELSON: Okay.
CHARLIE ADELSON: And then just write -- and then just send them in a check because they have to have it before, I want to say, the 29th or something.
DONNA ADELSON: Okay. I will do that now.
CHARLIE ADELSON: And then do that. And, listen, whatever it is, whatever someone sent you, I wouldn't worry too much about anything.
DONNA ADELSON: Okay.
CHARLIE ADELSON: I mean, someone can -- someone can write whatever they want to write. Someone can say whatever they want to say, and I'm not worried.
DONNA ADELSON: Okay.
CHARLIE ADELSON: So was it another bad review on Yelp?
DONNA ADELSON: You know, those reviews come in, and sometimes they are bad reviews. This is a particularly, particularly bad one. So you know --
CHARLIE ADELSON: But I'm not being sued?
DONNA ADELSON: NO, no.
CHARLIE ADELSON: Okay. All right. Honestly, whatever it is, it is. And I wouldn't -- just judging from what you are making it sound like, I wouldn't stress about it too much.
DONNA ADELSON: Okay, honey. Okay. It is probably nothing, probably nothing.
CHARLIE ADELSON: Yeah. Listen, people -- people can always write. People can always say anything they want. It doesn't -- you know, if someone says you're a bad dentist, it doesn't mean you're a bad dentist.
DONNA ADELSON: No, of course not.
CHARLIE ADELSON: So -- but, anyway, I will definitely come down. It actually works out perfectly because I have the day off.
DONNA ADELSON: Okay. You know, I'll make you take me out to dinner; so make sure you bring cash with you.
CHARLIE ADELSON: All right.
DONNA ADELSON: Okay.
CHARLIE ADELSON: So I need to bring cash?
DONNA ADELSON: Yeah, if you take me out to dinner, I want to have, you know, really -- that is probably a good idea, right?
CHARLIE ADELSON: Yeah.
DONNA ADELSON: Yes.
CHARLIE ADELSON: I should bring cash. TI don't have much cash to bring.
DONNA ADELSON: Yeah, I'll -- okay. I'll see if I have money for dinner. we'll see. we'll see what I have here, okay?
CHARLIE ADELSON: Was it -- can I ask you, Is someone blackmailing you?
DONNA ADELSON: well, that is always a good possibility.
CHARLIE ADELSON: Do you think someone is trying to blackmail you?
DONNA ADELSON: Maybe. Could be. I don't know.
CHARLIE ADELSON: No, that's crazy.
DONNA ADELSON: (Inaudible).
CHARLIE ADELSON: Is there -- I don't know what anyone would blackmail you for. But is there any way I can see you? You can't come up here at all?
DONNA ADELSON: It's going to be difficult because they don't finish their -- the piano teacher doesn't leave until about 4:15. And even if I came up there and got there a little after maybe 5:15, it would still be tough to, you know, necessarily get back here in time for wendi to pick them up.
CHARLIE ADELSON: Was this -- can I just ask you this? was it -- is this anything government-related, or is this like a whack job writing a letter to you?
DONNA ADELSON: Like who?
CHARLIE ADELSON: Is it, like, a whack job writing a letter to you, or is this government-related?
DONNA ADELSON: No, I don't know if it is government-related. (Inaudible).
CHARLIE ADELSON: So it is not government or military or anything like that?
DONNA ADELSON: NO, no, no.
CHARLIE ADELSON: who is the letter addressed to?
CHARLIE ADELSON: To you?
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: That's crazy.
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: Did it have a -- do you know who sent it to you?
DONNA ADELSON: I have a pretty good idea. I have a pretty good idea, but, you know, we will talk -- we will talk later. Either -- I mean, I would like to -- I would like to try to get to see you today. I will definitely -- I just don't know if I am going to get back here in time for wendi, and I don't want to have (inaudible) somewhere else.
CHARLIE ADELSON: So whoever sent you the letter sent you an anonymous letter?
DONNA ADELSON: No, it's not really anonymous.
CHARLIE ADELSON: Did they sign it?
DONNA ADELSON: It's hand-delivered, honey.
CHARLIE ADELSON: So someone showed up. was it, like, by a process server?
DONNA ADELSON: That's what I thought he was when it happened.
CHARLIE ADELSON: It wasn't?
CHARLIE ADELSON: where did they -- where did they come to you at?
DONNA ADELSON: when I walked out of the building and I make a right and I go past both driveways of the Icon --
CHARLIE ADELSON: Right.
DONNA ADELSON: -- and I'm on the sidewalk, and I'm about five feet from pressing the button so that I could cross the street to pick up the boys this afternoon.
CHARLIE ADELSON: Right.
DONNA ADELSON: And just as I got on the sidewalk -- okay, sweetie. So you stay -- you stay right here then, okay? You stay right here. I will look on the computer when Ben finishes, okay?
So, yeah, it was amazing. Somebody knew exactly who I was. Called me by name.
CHARLIE ADELSON: And he came over and handed you -- was it a young guy? Old guy?
DONNA ADELSON: I would say probably mid-30s. I wouldn't forget that face.
CHARLIE ADELSON: Really?
DONNA ADELSON: Yeah, yeah. So, anyway, I can make the attempt to go up there. I'm just concerned about getting back here in time and having, you know, wendi say, Where were you? And I don't think it's a good idea for the boys to say, We went up to visit Uncle Charlie, you know.
CHARLIE ADELSON: All right.
DONNA ADELSON: (Inaudible) end of the day and I hated to do that unless I needed to come do checks at the office or something. (Inaudible).
CHARLIE ADELSON: well, I mean, you have to get me the stuff for the insurance. I mean, that's crazy that someone handed you a letter like that, and I don't even know --
DONNA ADELSON: Yeah. Maybe we better just keep it at, you know, tomorrow -- tomorrow about 12:15, 12:20,
(inaudible).
CHARLIE ADELSON: Is the person -- is the person, like, threatening you or anything?
DONNA ADELSON: You know, you never know how to interpret these things. So let's not worry, and let's meet tomorrow. I think that's better. I think let's meet tomorrow afternoon.
CHARLIE ADELSON: All right. Let me ask you this. Do you want to take a picture of the letter and send me what someone sent you?
DONNA ADELSON: No, no, I really don't want to do that.
CHARLIE ADELSON: So it wasn't -- it wasn't the government or the military or somebody? It was just some random person?
DONNA ADELSON: Yeah.
CHARLIE ADELSON: That's fucking crazy.
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: How long was the letter?
DONNA ADELSON: well, it was just a copy of an article. It's what was written on the letter that's -- it's what was written on the copy of that letter.
CHARLIE ADELSON: Is the person threatening you?
DONNA ADELSON: You know, I don't think we should -- I don't think we should talk --
CHARLIE ADELSON: All right. I mean, listen, it's the kind of thing if there is a threat, you go to the police.
DONNA ADELSON: Yeah, yeah.
CHARLIE ADELSON: But, anyway, let me --
DONNA ADELSON: This time I don't think that's a good idea.
CHARLIE ADELSON: well, let me -- well, I mean, if people threaten you, you've got to go to the police. But let me -- let me talk -- let me see what it is. Let me see what nonsense it is first.
DONNA ADELSON: Okay.
CHARLIE ADELSON: It won't be the first time I've been threatened.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: But --
DONNA ADELSON: Yeah, I would like you to just -- I would like you to just see it and see what you think.
Do you need a tissue? Go get a tissue, honey. Right here. Right up here, honey.
So let's do that. Let's make it around, you know, 12:20, 12:30, because tomorrow, that would be ideal, okay?
CHARLIE ADELSON: Okay. You've got it.
DONNA ADELSON: That would be good. When you come down, you'll play with the boys a little bit, okay?
CHARLIE ADELSON: All right. Yeah. No. I'll come down and I'll see you. I'll play with the boys.
DONNA ADELSON: Yeah. Okay.
CHARLIE ADELSON: All right. If it is -- if it is something serious, you know, I'm going to recommend going to the police, so --
DONNA ADELSON: Oh, no, I know. That's what I'm tempted to do.
CHARLIE ADELSON: So all right. Sounds good.
DONNA ADELSON: We will talk tomorrow, okay?
CHARLIE ADELSON: All right. You got it. Love you.
DONNA ADELSON: Love you, bye.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
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 a Yelp review, does it?
PATRICK SANFORD: No, it doesn't.
MS. CAPPLEMAN: 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 him.
MS. CAPPLEMAN: She says, I have a pretty good idea who sent it?
PATRICK SANFORD: Right.
MS. CAPPLEMAN: He asked if she wants to send him a picture of what she received from the person, and what's her answer?
PATRICK SANFORD: 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, or something around there.
MS. CAPPLEMAN: Okay. But initially says, Not a good idea?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: And did anyone go the police?
MS. CAPPLEMAN: Does she reiterate in this call no talking on the phone?
PATRICK SANFORD: Did she indicate that?
MS. CAPPLEMAN: Uh-huh.
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 three o'clock, so about 15 minutes after that call ended.
MS. CAPPLEMAN: All right. Publish call C, please?
JUDGE EVERETT: You may.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of these proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
(Audio begins:)
DONNA ADELSON: Hey, Charlie.
CHARLIE ADELSON: Hey. Sorry about that. Quick question for you -- oh, one thing I was going to tell you is, obviously don't talk about things in the apartment or anyplace.
DONNA ADELSON: Oh, obviously.
CHARLIE ADELSON: The other thing is, was the person black, white, Hispanic?
DONNA ADELSON: white.
CHARLIE ADELSON: And they just -- they just came up to you and they said your name, and they handed you a piece of paper?
DONNA ADELSON: No, no, didn't hand it right away. First spoke to me for a while, and then -- and then handed it to me.
CHARLIE ADELSON: Really?
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: And were they wearing a hat and sunglasses or --
DONNA ADELSON: No, nothing, nothing. I could describe him to aT.
CHARLIE ADELSON: what's that? You could --
DONNA ADELSON: Describe him to a T. No, no, nothing.
CHARLIE ADELSON: Was the person nervous or were they angry or --
DONNA ADELSON: No, calm as could be. Totally calm.
CHARLIE ADELSON: That's really crazy. Are they -- are they trying to ask for money or something?
DONNA ADELSON: Yeah, yeah.
CHARLIE ADELSON: Is someone trying -- I mean, listen, if it is something like that, it sounds probably like you go to the police, but --
DONNA ADELSON: Yeah, I may -- I may have to. But, you know, I'd rather talk to you first and then --
CHARLIE ADELSON: Yeah, I mean, I wouldn't -- I wouldn't -- you know -- you know, there are scumbags out there all the time that try to do stuff like that.
DONNA ADELSON: Oh, I know. I know.
CHARLIE ADELSON: So --
DONNA ADELSON: That's why, you know, I just want you to see because I don't want -- you know, I don't want your father upset, so --
CHARLIE ADELSON: Don't -- can you -- don't say anything to dad until I take a look at it because dad flies off the handle --
DONNA ADELSON: Absolutely.
CHARLIE ADELSON: -- on everything.
DONNA ADELSON: Absolutely. That's why I suggested after he goes to work tomorrow.
CHARLIE ADELSON: Did the person give you any kind of, like, timeframe or anything?
CHARLIE ADELSON: Okay. I'm going to be out there.
DONNA ADELSON: But it's clear -- it's clear what's wanted.
CHARLIE ADELSON: what did -- can I just ask you, what did they ask for?
DONNA ADELSON: You know, I don't know. This TV is probably -- the Tv is probably about five.
CHARLIE ADELSON: They asked you for $5,000?
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: That's fucking crazy.
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: Yeah, I --
DONNA ADELSON: They mentioned, you know, like an ex-girlfriend.
Hi, Sandra, come on in. Good. How are you? Okay.
CHARLIE ADELSON: That's crazy. I don't know. Let me -- let me take a look at it.
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: And then I'll -- and then I'll go from there.
DONNA ADELSON: Lincoln, your turn. Your turn. Lincoln is going first. Okay. Do that one.
Yeah, that would be great.
CHARLIE ADELSON: Okay. Let me take a look and then I'll --
DONNA ADELSON: I'm glad you called. If you wanted to go to dinner, we -- you know, we'll see where we'll go.
CHARLIE ADELSON: Yeah, I'll go down in the afternoon, and I'll take a look at whatever --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: -- (Cinaudible) to say.
DONNA ADELSON: Maybe we will go for a walk on the beach or something if it is going to be nice tomorrow.
CHARLIE ADELSON: All right. Sounds good.
DONNA ADELSON: Okay.
CHARLIE ADELSON: All right. Sounds good.
DONNA ADELSON: All right. Love you too, honey. Bye-bye.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. So this call, Charlie, says, Obviously, don't talk about things in the apartment or anyplace?
MS. FULFORD: I am going to object. Can we approach?
JUDGE EVERETT: One moment. What is the objection?
MS. FULFORD: May we approach, please?
JUDGE EVERETT: Please approach.
(Following proceeding held at sidebar.)
JUDGE EVERETT: What's the objection?
MS. FULFORD: The objection is counsel is testifying. It's leading and it's cumulative. I can see a pattern developing here where evidence is introduced. They are going to publish it to the jury. And then Ms. Cappleman is going to repeat what was said on it. And then she's going to have the witness repeat it back again. If the witness was being asked the question and she got the answer, she would not be able to continue to ask the question. That would be cumulative, and that's what's happening here.
JUDGE EVERETT: MS. Cappleman, response?
MS. CAPPLEMAN: We've got hundreds of phone calls. we're not going to publish all of them, obviously. But there are going to be quite a few published. So I do think I'm entitled to point out what I think are the most important parts and ask him some questions about those particular portions.
JUDGE EVERETT: As to pointing out something specific, that's one thing. I believe what the defense is bringing up that you are looping with your evidence. Do you understand what I'm getting at?
JUDGE EVERETT: You are asking the question. A part is remitted. And then you're essentially repeating it.
MS. CAPPLEMAN: I don't agree. I mean, yes, I am going to repeat some of the words that are in there in the context of highlighting and then inquiring further about them. For example, you know, Mrs. Adelson in this call that we just heard mentions a TV. TV is going to be five. I did ask the witness, Is there anything to do with a Tv? Is the Tv of any significance in the rest of your investigation? So that sort of thing.
JUDGE EVERETT: AS to any new context that the witness can bring to what an admitted item is, you are certainly permitted to inquire as to that.
As to repetitively go through the same information that's already been elicited, I believe that's where the cumulative aspect would kick in. I'm not going to tell you how to phrase your questions or formulate your examination of the witness. But it cannot just be a cumulative repetition.
MS. CAPPLEMAN: I agree. I don't intend to repeat the whole evidence. I intend to point out the important parts and ask about them, if the witness has additional information regarding them.
JUDGE EVERETT: Please make sure the question then is highlighting the new context of whatever may have just been published, so we're not dealing with cumulative repetition.
(Sidebar concluded.)
JUDGE EVERETT: The objection is overruled. You may continue with your examination.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Oh, gosh. Where are we?
Obviously, don't talk about things in the apartment or anyplace. 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 is 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. Charlie --
MS. CAPPLEMAN: Was the word "Tv" mentioned to Donna Adelson when the undercover approached her?
PATRICK SANFORD: No, not at all.
MS. CAPPLEMAN: Did he say she was buying a Tv for $5,000?
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 hit man.
MS. CAPPLEMAN: All right. And was that the same Tv that also served as Wendi Adelson's alibi on 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.
MS. FULFORD: Judge, I am going to object again based on the same thing we discussed at sidebar.
JUDGE EVERETT: Overruled. Please clarify your question, Ms. Cappleman, so it is clear as to context.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: when Mrs. Adelson was 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 --
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 Tuto.
MS. CAPPLEMAN: Okay. And does Charlie have more than one ex-girlfriend?
PATRICK SANFORD: Yes, he does.
MS. CAPPLEMAN: He has 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: 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.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of these proceedings due to inaudibles and inability to distinguish between speakers. It should be noted that the best evidence of the actual content of the digital recording is the digital recording itself.)
(Audio begins:)
KATHERINE MAGBANUA: Hello?
CHARLIE ADELSON: Hey. What's going on?
KATHERINE MAGBANUA: What's up?
CHARLIE ADELSON: Is there someplace you can talk to me?
KATHERINE MAGBANUA: what?
CHARLIE ADELSON: Are you anyplace that you can talk to me?
KATHERINE MAGBANUA: You can talk to me now.
CHARLIE ADELSON: what's that?
KATHERINE MAGBANUA: Just talk right now. we can talk.
CHARLIE ADELSON: Okay. Can you go somewhere that it's not loud while I'm talking to you?
KATHERINE MAGBANUA: I can't. It's, like, loud, but, like, I can't get out.
CHARLIE ADELSON: Okay. I'm trying to walk outside to talk to you. Now, I can't even fucking get outside. All right. All right. Somebody -- hang on, okay?
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: Can you hear me okay?
KATHERINE MAGBANUA: I can hear.
CHARLIE ADELSON: Okay. I just want -- I just want you to listen to me, and I will be able to talk to you in person when I see you tomorrow.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: Because I don't know what's going on.
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: But my mom walked the kids -- evidently -- 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.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: She didn't want to elaborate --
KATHERINE MAGBANUA: — Uh-huh.
CHARLIE ADELSON: -- but she said that someone approached her on the street --
KATHERINE MAGBANUA: — Uh-huh.
CHARLIE ADELSON: -- called her by name --
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: -- handed her an envelope with something in it.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: And somebody was -- she really wouldn't go into detail. And, listen, I don't -- I have no idea what this is in reference to.
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: But something regarding her son, something regarding his ex-girlfriend, and the person asking my mom for some money.
KATHERINE MAGBANUA: What?
CHARLIE ADELSON: Yeah. So I said -- you know, I'm like -- first, when she was saying it, I thought it was, like, something involving the IRS or a patient suing --
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: -- or something like that. So I don't even know what the fuck it's about at all.
KATHERINE MAGBANUA: So somebody just, like, bumped into your mom like that?
CHARLIE ADELSON: Well, they came up to her on the street after she dropped the kids off at school.
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: I guess she brought them to school. I don't even know. But they must know her routine and must know who she is because --
KATHERINE MAGBANUA: Yeah, Cinaudible).
CHARLIE ADELSON: -- they walked up to her and they called her by name.
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: They handed her an envelope.
KATHERINE MAGBANUA: — Uh-huh.
CHARLIE ADELSON: And she said they spoke to her for a few minutes.
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: And then she said there was -- you know, they were making reference to my ex-girlfriend, which I have no fucking clue what that's about.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: And then they explained that they needed to be paid some money.
KATHERINE MAGBANUA: For what?
CHARLIE ADELSON: I don't -- I don't even know. My mom didn't even want to talk to me on the phone.
(Inaudible).
KATHERINE MAGBANUA: But, like, did she see the person? was she, like -- she should call or something.
CHARLIE ADELSON: That's what I said. I said if someone is going to try to blackmail you or something --
KATHERINE MAGBANUA: Exactly. (Inaudible) like that.
CHARLIE ADELSON: -- or Cinaudible). I said, You've got to go straight to the police. So she's like, I don't even know what this is about. I don't -- I don't want to talk about it.
I go, well, take a picture and send me what it is.
She's like, I just want you to see it in person. So I'm going to go down -- I can't even fucking go there today because I won't get out of work until ten o'clock at night.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: So she's like, Just come down (inaudible) --
KATHERINE MAGBANUA: Is somebody, like, stalking your mom?
CHARLIE ADELSON: I don't even fucking know. I don't know what's going on, what my mom is Cinaudible) -- you didn't do anything with my mom. I mean, you guys --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: Okay. Just checking. Just checking. I don't know Cinaudible). Who knows?
KATHERINE MAGBANUA: No, but I feel scared for your mom. Like, what the hell?
CHARLIE ADELSON: You know, I don't Cinaudible).
KATHERINE MAGBANUA: Just a random person, like, just going up to your mom. Like, hello?
CHARLIE ADELSON: Yeah, and my mom said, It involves your ex-girlfriend. So I don't even -- 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.
KATHERINE MAGBANUA: what do -- what do they want from her?
CHARLIE ADELSON: I have no idea. So, anyway, I'm going to find out -- well, they wanted money.
KATHERINE MAGBANUA: I know, exactly. Did she tell you, like, what (inaudible) --
CHARLIE ADELSON: No, no, she was just kind of, like, a little bit rattled and with the kids. And I was like, Listen, just -- I should have the day off tomorrow.
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 she said it had anything to do with you. If -- if they are mentioning you or any reference to you, I'll keep you posted.
KATHERINE MAGBANUA: Why (inaudible) me?
CHARLIE ADELSON: well, I don't know.
KATHERINE MAGBANUA: You have, like, a thousand ex-girlfriends.
CHARLIE ADELSON: well, fuck, it could be anyone. So I just assumed that --
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: But, anyway, it doesn't matter. So I may want to see you tomorrow if it does have anything to do with you. If it doesn't, then I feel like a fucking idiot for even bothering -- wasting your time.
KATHERINE MAGBANUA: I mean, I feel bad for your mom. Like, who the hell? (Inaudible) would be like, why are you threatening me?
CHARLIE ADELSON: I know. TI said -- I said, Mom, was the guy wearing a hat? Glasses? And mom was like, No, I could pick the person out of a lineup in a second. They came over to me. They spoke to me very politely. They had -- it was a white male in his 30s, no hat, no glasses. Just a white male in his 30s came up to her, knew who she was, and addressed her. So -- but, anyway, it's neither here nor there. I will feel like an idiot if it was some other ex, but anyway --
KATHERINE MAGBANUA: Yeah, did you have any fight with any of your other exes Cinaudible)?
CHARLIE ADELSON: TI don't know. I mean, maybe I should just be calling everybody today.
KATHERINE MAGBANUA: Yeah, you should try to find out.
CHARLIE ADELSON: I thought when I spoke to my mom, she had said it involved -- 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 -- but, anyway, are you working tomorrow? Or what's your story?
KATHERINE MAGBANUA: Yeah, but you can always stop by over there. It doesn't matter.
CHARLIE ADELSON: All right. what time do you finish work?
KATHERINE MAGBANUA: Thank you. All right. Let me know.
CHARLIE ADELSON: what time do you finish work tomorrow?
KATHERINE MAGBANUA: 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? Okay.
CHARLIE ADELSON: What -- what --
KATHERINE MAGBANUA: Anytime between 9:30 to, like, 3:00ish, 4:00ish. It depends.
CHARLIE ADELSON: Okay.
KATHERINE MAGBANUA: (Inaudible). Like, today I was, like, super, like, crazy.
CHARLIE ADELSON: Okay. I've got 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 --
KATHERINE MAGBANUA: Yeah, yeah, I'm, like, right there, so --
CHARLIE ADELSON: So figure somewhere around 4:00ish, I'll see you.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: All right. No worries, kiddo.
KATHERINE MAGBANUA: A111 right.
CHARLIE ADELSON: All right. Have a good day. I'll talk to you later.
KATHERINE MAGBANUA: You too. Bye.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
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, that's incorrect.
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?
MS. CAPPLEMAN: But he deduces that it was -- he misremembers that it was about him?
PATRICK SANFORD: That's what it 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 are going to hear and Katherine Magbanua?
PATRICK SANFORD: No, he didn't.
MS. CAPPLEMAN: All 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 -- I think it was around ~=one o'clock.
MS. CAPPLEMAN: Is this April 20th of 2016?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: where did the meeting take place?
PATRICK SANFORD: It took place behind mrs. Adelson's building. They actually met in the building, we believe, and then came out the back of it and walked down -- 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.
MS. CAPPLEMAN: what, if any, efforts were --
JUDGE EVERETT: One moment, Ms. Cappleman.
Mrs. Adelson, if you need your hearing assisting device, please wear it, so you do not miss any of the evidence.
Please ask your question again.
BY MS. CAPPLEMAN:
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 would ask to introduce State's 53.
JUDGE EVERETT: Any objection?
MS. FULFORD: No objection.
JUDGE EVERETT: State's 53 is admitted.
(State's Exhibit 53 received in evidence.)
MS. CAPPLEMAN: May I publish?
JUDGE EVERETT: You may.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Can you 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 is 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: All right. Judge, I think this might be a good time to recess for the day.
JUDGE EVERETT: Very well.
Members of the jury, we are going to take our break for the evening at this point. Once again, I am 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 8:45. Have a good evening.
(Jury exits.)
JUDGE EVERETT: Ms. 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 before the end of the day.
JUDGE EVERETT: Very well. Does either party need to be heard before we go into recess?
MS. FULFORD: Judge, I would 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 form of the question that you're getting to.
MS. FULFORD: Well, one of my objections was -- is that, in fact, she is testifying. And I failed to mention that at sidebar. So the jury is getting to hear the recorded call. There is a highlighted transcript in front of them that they are reading and reading while we are 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 wanted to make a record. Thank you.
JUDGE EVERETT: Concerning that matter, I have 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 for 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 will continue with the examination of Agent Sanford. Have a good evening, everyone.
(Court is in recess at 4:56 p.m.)