1.Patrick Sanford — Direct (Part 2)
4,165 linesPROCEEDINGS
JUDGE EVERETT: Good morning. You can be seated.
MS. CAPPLEMAN: Good morning, Judge.
JUDGE EVERETT: Is there anything we need to address before the jurors come in this morning?
MR. ZELMAN: Judge, I had a brief opportunity to listen to the recording that the State provided yesterday. I need to be able to go over it with my client before we decide which of the two versions we agree on. Our first opportunity to do that is going to be Saturday when we meet with her at the jail, something that I think she needs to be involved in the discussion. It's obviously -- the clip I believe is about 14 minutes long so I don't think I'll have an opportunity while we're here today or tomorrow to do that.
JUDGE EVERETT: Of the two recordings, the substance is the same. Just one has, I guess, the audio has been -- or excuse me, the forensic audio engineer in the some way modified one of them --
MR. ZELMAN: Yes.
JUDGE EVERETT: -- to make it clearer.
MR. ZELMAN: That's --
JUDGE EVERETT: But the words -- nothing has changed as to the substance of what is on the recordings?
MR. ZELMAN: I think that the enhanced one is more clear. I just -- I want the opportunity to have my client go through it with us.
JUDGE EVERETT: All right. If you wish for me to go through the Nelson inquiry -- excuse me, not the Nelson but the Richardson inquiry at this time, I can do so, but you're asking before the item is admitted.
MR. ZELMAN: I'm not asking for a Richardson inquiry at this point. The State has already given us the option to choose which of two versions would be admitted. So I don't think -- I think they are conceding that issue so I don't think it's ripe at this point. There is a Richardson issue that -- another Richardson issue that arose this morning.
JUDGE EVERETT: Okay.
MR. ZELMAN: Mr. Newlin provided me with a flash drive of photographs from the search warrant of my client's condo that was done on November 14, 2023. The State had previously advised us that there were no photographs. My understanding is that that is what Miami-Dade police told the State. It turns out not to be accurate.
I started going through them. TI don't know at this point -- I know that that was part of our arguments that we were going to be presenting so --
JUDGE EVERETT: That there were no photos or that the photos would not show anything?
MR. ZELMAN: Either one. Essentially, that there were no photos. Obviously, standard operating procedure is to photograph when executing a search warrant. So I need more time to go through those. I believe that witness is tomorrow.
MS. CAPPLEMAN: Yes.
MR. ZELMAN: So my intent would be to go through those in more detail and tomorrow morning, I'll be able to address any Richardson issues.
JUDGE EVERETT: All right. well, it does raise somewhat of an interesting issue in that way. Part of the inquiry is the prejudicial effect on your ability to prepare for trial. with having the opportunity to review this evidence, obviously that will mitigate some of that effect. You do not want me to go through the inquiry now?
MR. ZELMAN: Just a moment, Your Honor.
I need to go through them to see in there would be any prejudice. I can't sit -- I can't stand here before the Court and say there's not prejudice. It might actually be beneficial. Until I have a chance to go through them, I'm not going to be able to answer.
JUDGE EVERETT: All right. Concerning the recording, so that way we have a clean record on this topic and the basis of having this inquiry at this point would be both based on the appellate precedence of the Florida Supreme Court and the DCA courts, I believe Landry v. State specifically holds even a possible discovery violation triggers the requirement to conduct a Richardson hearing, as the inquiry is intended to flesh out whether there has been a discovery violation.
Concerning the recording that was made by I believe -- what was the witness's name again?
MR. ZELMAN: The recording --
JUDGE EVERETT: Was it McElveen?
MR. ZELMAN: Yes, Your Honor.
JUDGE EVERETT: As to Mr. McElveen's recording or any audio forensic or enhancement work that he did to make it clearer, Ms. Cappleman, one version of the recording was provided but not the second version which you later provided to the Defense?
MS. CAPPLEMAN: That's correct, Your Honor.
JUDGE EVERETT: So as to the enhanced version or in some way what Mr. McElveen has worked on, that was not provided. There has been a discovery violation as to that aspect. However, the item was known to the Defense as to the original state of the recording.
Ms. Cappleman, what were the circumstances of not providing the enhanced version of the audio?
MS. CAPPLEMAN: Oh, gosh. Apparently, I requested that the done -- that work be done prior to Ms. Adelson's previously scheduled trial with previous counsel. I do not recall doing that, but it seems I did or someone on my team did. It was discovered in the envelope from Mr. McElveen during preparation for this trial and believed to be the attempt to clarify the meeting between the defendant and her son at the pier that we've talked about in the testimony yesterday that was unsuccessful. So only in the pretrial conference of Mr. McElveen did he bring to my attention that we did do a clarification effort of this jail call. So I provided it to the Defense when I realized that we had done that and it was in our possession. And I advised the Defense that whichever version they wanted to publish is the version that I would go with based on the fact that we were discovering it late.
JUDGE EVERETT: Very well. Concerning this, the Court will find that it is inadvertent since an original version was provided, although a clarified or enhanced version was not provided until the trial had begun.
As to whether this is substantial or trivial, do you have any argument, Mr. Zelman?
MR. ZELMAN: As I indicated, at this point, I cannot make that representation in good faith. I need to listen to it in more detail with my client in order to do so.
JUDGE EVERETT: And, lastly, as to whether this has had a prejudicial effect on the aggrieved party's ability to prepare for trial, once again, the original recording was provided to the Defense. The State also, as well, has agreed with the Defense to essentially let them pick how this evidence would be entered, whether it would be the clarified or enhanced version or the original version.
So as to a prejudicial effect, the Court will find there is not one. As to any conference that you need to have with your client concerning which will be entered and also presented before the jury, obviously you'll have the opportunity to do so.
As to any matters involving the photographs, the Richardson inquiry will need to take place, but I will allow you an opportunity to review the evidence, if you had any arguments to make regarding a substantially trivial or prejudicial effect.
MS. CAPPLEMAN: Judge, on the open -- on the open line call, the jail call that we're talking about, we are intended to publish that in whatever form the Defense agrees to either later today or tomorrow at the latest so I will need an answer before Saturday. It's only a 14-minute call so I suggest that we take a recess so that they can do that over the lunch or whenever Your Honor deems appropriate.
JUDGE EVERETT: would you-all prefer for the jurors not to come out at 9:00 o'clock and you go over this call now, Mr. Zelman?
MR. ZELMAN: Your Honor, we would need do it in private with our client.
JUDGE EVERETT: Very well. we'll put the jurors, then, on an earlier lunch break. The courtroom will be cleared out and the recording equipment that is currently in place will be turned off. That will be your opportunity to go over this with your client.
MR. ZELMAN: Thank you, Your Honor.
JUDGE EVERETT: Any other matters for this morning?
MS. DUGAN: No, sir.
MS. CAPPLEMAN: Not from the State, Judge.
MR. ZELMAN: Not from the Defense, Your Honor.
JUDGE EVERETT: All right. If the jurors are ready, we can bring them in.
Is Agent Sanford outside?
(jury enters courtroom.)
JUDGE EVERETT: Everyone can be seated.
Good morning, members of the jury.
JUROR: Good morning.
JUDGE EVERETT: Once Agent Sanford returns to the witness stand, we will resume with his examination by the State this morning.
Ms. Cappleman, is he outside?
MS. CAPPLEMAN: Yes, Your Honor. Ms. Dugan went to get him.
JUDGE EVERETT: Agent Sanford, you remain under oath, sir. Please speak loudly and clearly.
PATRICK SANFORD: Thank you, sir.
JUDGE EVERETT: You may continue with your examination.
MS. CAPPLEMAN: Thank you, Judge.
whereupon, PATRICK SANFORD was called as a witness, having been first duly sworn, was examined and testified as follows:
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Agent Sanford, when we began your testimony yesterday, we talked about the wire and one of the things we talked about was that Charlie and his mother, the defendant in this case, would get together to talk about certain things regarding Wendi. Do you remember that?
PATRICK SANFORD: I do.
MS. CAPPLEMAN: And one of the things they would sometimes talk about was wendi's career, right?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Okay. And I tried to play a call on that subject but we had the wrong call attached so I'm going to publish that at this time.
MS. CAPPLEMAN: Judge, this is on State's Exhibit 99, Call 2873. If we could start at 7:08, please?
(video started and stopped.)
MS. CAPPLEMAN: Oh, yeah. Give the jurors a chance to get started. we'll start it over.
(Audio recording published in open court. This transcript should not be considered a verbatim record of those 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 recording begins:)
CHARLIE ADELSON: I got wendi to accept that job with the law firm.
DONNA ADELSON: with who?
CHARLIE ADELSON: She told me she was going to accept. Like after I got --
(Audio recording restarted.)
DONNA ADELSON: You know, with the Judge and other stuff.
B.A., go put your shirt on, please.
CHARLIE ADELSON: TI don't know if I told you this, I got wendi to accept that job with the law firm.
DONNA ADELSON: With who?
CHARLIE ADELSON: She told me she was going to accept. Like after I got done --
DONNA ADELSON: She did.
CHARLIE ADELSON: -- Cinaudible) walk with her, she said she was going to accept that job.
DONNA ADELSON: No kidding.
CHARLIE ADELSON: She was thinking about not taking it.
DONNA ADELSON: I think it's not what she wants, but it's only about --
CHARLIE ADELSON: But she said, Wendi, I said -- first of all, there's no time frame on it.
DONNA ADELSON: Right.
CHARLIE ADELSON: And if you change your mind, you change your mind, but you'll pick up skills you don't have.
DONNA ADELSON: Right. That's right.
CHARLIE ADELSON: And basically now is not the time to just chill and be a guidance counselor at Miami. Like you're way overqualified for that.
DONNA ADELSON: But she can't get hired -- she can't get hired anyway. There's like nothing there.
CHARLIE ADELSON: No, no, they offered her a job At UM. The dean called her up at UM.
DONNA ADELSON: Oh, she didn't tell me that.
CHARLIE ADELSON: Yeah, but it would have been basically like as a --
DONNA ADELSON: She's not qualified to be a guidance counselor.
CHARLIE ADELSON: Not a guidance counselor, an advisor or whatever it was.
DONNA ADELSON: Oh.
CHARLIE ADELSON: Like, she's like no. It basically would have been brainless work for her, the way she said. She said even the dean called her up to ask her to take the job. But the thing is, I'm like, wendi, you have to get as much skill as you can now. This is a skill you just got done telling me you don't really know how to do. Now is the time to go learn that skill, not later.
DONNA ADELSON: Really.
CHARLIE ADELSON: Because you need to learn it. So you can learn and say you don't like it. You can learn it, you can make a bunch of money. That's -- you know, that's the whole thing is that she can, you know -- I'm like, wendi, you might as well do it to see if you even like it. She's like, well, it's not really what I like.
DONNA ADELSON: But she -- but she's never done it.
CHARLIE ADELSON: Right, but you've never done it.
DONNA ADELSON: Right.
CHARLIE ADELSON: So you really don't -- you don't know until you -- it's like dentistry, until you practice dentistry, you don't really know what it's like.
DONNA ADELSON: Exactly. Exactly.
CHARLIE ADELSON: So I got her to do that. And the other thing I was going to tell you is she asked if Dave could come to the house for Mother's Day.
DONNA ADELSON: Oh, she asked you.
CHARLIE ADELSON: Yeah, if I would mind. And I said, of course, I mind, don't bring him. TI told her, I said, yeah, bring him.
DONNA ADELSON: When did she ask you that?
CHARLIE ADELSON: She texted me the other day and I said, yeah, bring him, the more the merrier.
DONNA ADELSON: You know why not? It's fun.
CHARLIE ADELSON: Yeah, I don't care.
DONNA ADELSON: TI wouldn't care if she takes the kids and her and Dave out on the boat for an hour, you know.
CHARLIE ADELSON: Oh, yeah, yeah.
DONNA ADELSON: You know, dad and I go --
CHARLIE ADELSON: Oh, yeah. No, no, no, no, that's --
DONNA ADELSON: -- hang by the pool, just, you know, a nice relaxing Cinaudible).
CHARLIE ADELSON: Yeah, no, I told her, of course, bring him. I mean, I'm sure you'd rather him go -- her go spend the day with him than you anyway. That's the best Mother's day present you could have given me, go spend the day with him.
DONNA ADELSON: You know what, I'm actually -- I'm happy. As you know, I'm super happy --
CHARLIE ADELSON: Yeah.
DONNA ADELSON: (inaudible).
CHARLIE ADELSON: Oh, yeah. No, I thought that would -- I thought that would be your best Mother's Day present this year if wendi wanted to bring Dave. She's developing a brain.
DONNA ADELSON: She's developing a brain; that's right. You know what -- I have to walk away so they don't hear me. You know, B.A. had said before, I said, B.A. you know, because he's not -- well, both boys are not very good at hugging and kissing and it also makes wendi feel bad. I said, honey, they are boys. They're just not the way girls are. Girls are more kissy. SoT said to her, B.A. -- I said -- I said, you know, people who love you hug and kiss. I said, that's why grandma and grandpa always want to get a hug and a kiss (inaudible). I always did that with my mommy and daddy and I do that with my children and I do that with my grandchildren. So he says, yeah, it's like -- it's like Dave and mommy, they're hugging and kissing all the time because they love each other. I said, um, yeah, I can feel that. So, you Know, you can never hide anything from the kids.
DONNA ADELSON: You know, once they have a mouth, they open it up and they tell them everything, you know.
CHARLIE ADELSON: Yeah. No, that's -- that's great. I mean, listen, Wendi just doesn't comprehend how -- how lucky she is.
DONNA ADELSON: No, she doesn't.
CHARLIE ADELSON: It doesn't, like, register in her head how lucky she is at all, at all, like not -- not even like -- nothing, which is -- which is great, you know.
DONNA ADELSON: I know.
CHARLIE ADELSON: But at least she doesn't see herself as a victim anymore, which is -- which is great too.
DONNA ADELSON: I'm just happy to hear that she's spending more and more time with Dave. That's great.
CHARLIE ADELSON: Yeah, no, so she's --
(Video stopped.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. So now if we could fast-forward back to where we ended the day yesterday. we heard the first call in which Charlie Adelson speaks to Katherine Magbanua, call -- that was call D, right?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: Okay. They were discussing an in-person meeting there. Did an in-person meeting take place between Charlie and Katherine Magbanua?
PATRICK SANFORD: Yes. Charlie left from his mother's condo and drove to Katherine Magbanua's work across town.
MS. CAPPLEMAN: All right. And was that after the meeting that we saw the photo of the defendant and Charlie at the table speaking in low tones?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Okay. So after he leaves there, does he go straight to Katherine Magbanua?
PATRICK SANFORD: He does. He goes straight to her.
MS. CAPPLEMAN: And was there an attempt to surveil that meeting as well?
PATRICK SANFORD: There was.
MS. CAPPLEMAN: Okay. And had Magbanua been under surveillance prior to this?
PATRICK SANFORD: I believe we tried to get somebody over there, yes.
MS. CAPPLEMAN: I mean, in general during the course of the investigation, had she been surveilled?
PATRICK SANFORD: Oh, yes, correct. She -- I'm sorry. Yes, she had been.
MS. CAPPLEMAN: And as part of the surveillance on her, were you -- was law enforcement ever able to capture an image that included Magbanua in the Lexus that she received during this --
PATRICK SANFORD: Yes, that's correct.
MS. CAPPLEMAN: -- time, during our time frame? I'm going to show you what I've marked as State's 54. Do you recognize State's 54?
PATRICK SANFORD: I do.
MS. CAPPLEMAN: what does that show?
PATRICK SANFORD: It shows Katherine Magbanua meeting with Charlie Adelson. She drove to his location where he was working that day and they both got -- he came out of the office, she got into the car with him, she parked behind him, and she got into his car, sat there for a while, then they got out. And that's what the photo is showing, them outside the car.
MS. CAPPLEMAN: Move into evidence State's 54.
JUDGE EVERETT: Any objection?
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: when was this photo taken, if you know?
PATRICK SANFORD: It was prior to the bump. I don't remember the exact date.
MS. CAPPLEMAN: Any objection to State's 54, Your Honor?
JUDGE EVERETT: well, I wouldn't be the one objecting. Defense?
MS. FULFORD: No objection.
MS. CAPPLEMAN: I'm not allowed to talk to them, only allowed to talk to you.
JUDGE EVERETT: State's 54 is admitted. You may publish.
(State's Exhibit 54 received in evidence.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. So sometime prior to the bump, we have this image taken. And is the vehicle back here the one that was previously in the name of Harvey Adelson but transferred over to Magbanua?
PATRICK SANFORD: Correct. The timing of this photo was during the wire. That vehicle was, during the wire, I believe was still currently registered to Charlie Adelson or Harvey Adelson, the Adelson family.
MS. CAPPLEMAN: Okay. But we've heard evidence of it being transferred over to Katherine Magbanua at some point, right?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Okay. So that's the car?
PATRICK SANFORD: That is the car. It's a Lexus.
MS. CAPPLEMAN: And then the meeting that we're about to talk about was at the Dolce Vita restaurant. Are you familiar with that?
PATRICK SANFORD: I am.
MS. CAPPLEMAN: And were some images taken there as well?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: Publishing 137. Is this in front of the Dolce vita restaurant?
PATRICK SANFORD: It is after they exited.
MS. CAPPLEMAN: Publishing 140.
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: All right. And we heard from some agents yesterday about the attempts to capture and clarify their audio conversation inside that restaurant.
PATRICK SANFORD: Okay.
MS. CAPPLEMAN: Have you had an opportunity to listen to that recording?
PATRICK SANFORD: I have.
MS. CAPPLEMAN: Okay. And right before that meeting, we've got Call E. Is that one just Magbanua and Charlie Adelson planning this meeting where they're going to meet up?
PATRICK SANFORD: That's correct. After he left the meeting at Monty's, he called her to discuss where to meet.
MS. CAPPLEMAN: Okay. I think we can skip that one. And have we got the Dolce? This is going to be State's Exhibit 116 being published, Your Honor.
JUDGE EVERETT: You may proceed.
(Video recording 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 recording begins: )
CHARLIE ADELSON: If they had any evidence, they would've already knocked on your door. The problem is, even if they bug this, even if they bug your home phone, nobody's going to Cinaudible). But even if they
(inaudible).
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: But even if they bug your phone, (inaudible). Even if they bug your phone, you're still not talking about anything. So my point is, how do you get people to talk? You throw a smoke grenade, and then you get all the cockroaches to run out, ah, ah, there's smoke in the house, there's smoke in the house. And everyone's running and everyone's talking. And you throw a smoke grenade, what do you think? Listen, if that's what it was, it's very smart, because that -- that means -- my mom hasn't told my dad anything, by the way. My mom -- my dad's going to flip out when he finds out. But my mom hasn't told my dad anything.
But normally, obviously, if that was a cop that came and spoke to my mom (inaudible). That that night, when he comes home from work, she would say, well, guess who I (inaudible) guess who gave me a little visit when I'm taking the grandkids to school? And then --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: -- after she dropped them off -- she was walking home, and she dropped them off and was walking back by herself. So this person had to be -- because the thing is, a lot of times, my mom takes them home, drives them to school, the kids. This person knew her routine, knows who she is.
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: Yeah. Someone may have come up to the office. My dad works Monday/wednesday, Tuesday/wednesday. Like, you know, it's probably either, get him on the beach or get him at the office up there. They may have approached my mom because my dad may be someone who's carrying a gun. You never know if someone's -- you know, you don't want to start a fucking shootout, you know?
KATHERINE MAGBANUA: (Inaudible) if you want me to
(inaudible).
CHARLIE ADELSON: I mean, I can say -- well, I carry on me. I mean, if someone comes up to me --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: Do you carry it on you right now? I mean, I'm going to start carrying one on my back. Like, you know the holster that fits in your back? If someone comes up to me, they better be ready to shoot because I'm going to be shooting. If someone comes up to me asking for money right now --
KATHERINE MAGBANUA: Yeah Cinaudible).
CHARLIE ADELSON: Yeah, and when the -- guess what, when the fucking police show up and there's a doctor, there's an oral surgeon standing there with a dead gang member in his fucking driveway, they're not going to come down too hard on me. And I'm not going to talk anyway. I don't -- I don't -- no one's going to threaten me.
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: I could -- Katie, this is -- this is not like some -- some chick showing off tattoos to your man. Like, this is fucking -- this is happening, Katie, I'm serious. Because these people are going to come back. They -- they didn't go through the trouble of seeking my mom out to hand her that and then go away.
So, I got two options: They're not going away. we may wish they'd go away and never come back, but they ain't going away. The trouble they went through --
KATHERINE MAGBANUA: They want their Cinaudible).
CHARLIE ADELSON: well --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: with a beard or with a badge?
KATHERINE MAGBANUA: Either/or.
CHARLIE ADELSON: well, I don't -- look, if a badge comes up to you, tell them, have a nice day, Officer. Listen, if they want to charge me with something, charge me. If not, I don't talk to cops. Sorry.
KATHERINE MAGBANUA: You know, prove it.
CHARLIE ADELSON: No. It's -- it's very simple, like --
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: -- if you're going to charge me, charge me.
KATHERINE MAGBANUA: (Inaudible) charge me.
CHARLIE ADELSON: Yeah, but things are changing a lot with all -- you know what's changed a lot? There's cameras everywhere. So cops now, they have a fucking pension. when they retire, they're going to get a pension for the next 30 years. Medical, dental, and salary every month. If they think that, you know, the cameras -- look, how many cameras are here? Five? You know? I mean, they better be doing it in a place where there's not a chance that someone doesn't have a camera pointing outside (inaudible).
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: What -- what I'm saying is, is that this person is not going away and they came very equipped with details. where did the details come from? I don't know. These details, I don't --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: Well, because it's one of two things. You go to the cops and you give them information. Okay. I'm going to tell them that my brother is who did it. I'll go right now and tell them. They're going to say, can you prove it? Then I'm going to say, no. Do you know what kind of gun was used? I'm going to say, no. Did you see your brother do it? No. How do you know it was him? He told me. Okay. He told you. That's called secondhand knowledge. It's not even admissible. Okay. He told me. what did he tell you? He said, I did it. Even if I went in and said, my brother said he did it, you've got to prove it. You've got to put the person at the scene -- at the time. Not in the car. Because the fact is, is like, even if -- let's say you just have my car, right? And then TI go ahead and I commit a crime. And then I go -- and you're getting into the car and I go, yeah, Katie was in my car and she got out and she did this horrible crime. Okay. Then they come and they get the DNA in the car. They go, yep, Katie was in the car. No. Katie sat in the car for two minutes, got in the AC and then got out of the car. Katie had nothing to do with me robbing the Burger King (inaudible). So, even if I can prove that, yeah, Katie was with me, can you put Katie at the Burger King? I can put Katie -- say that she sat in the car, yeah.
what you need to do is -- they get that little bit of evidence from you having been in the car, and then when they bring you in for the interrogation, they're like, we know you were in that fucking car, you know, on such-a-such a day that you were in that car. So even if your DNA, your fingerprints, your fucking hair is all over that fucking car, that proves, yeah, congratulations, you were in the car. It's not a crime to sit in a car. Okay. Do you know what I mean? My mom could have sat in the car, too. It's not a crime. They have to prove it. They have to put you in the scene at the date.
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: Tu- -- they said the guy's name was Tuto. I don't even know who the fuck it is. They said it was Tuto. Tuto's incarcerated now and I know that you've been helping out Katie, and your family's been helping out Katie and her family. Now Tuto's family needs your help. My mom was like, I don't know what you're talking about. And he goes, well, maybe this will refresh your memory. And he handed it to her --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: And she said (inaudible). He's well-spoken, like he's polite. She's goes, he's polite and well-spoken. I said, did he have like -- did he act thug or did he talk with like a thick Spanish accent or anything? And she said, no. TI said, was he white or Hispanic? She said he was white, but he could have been Hispanic. But, no --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: Yeah, just his face. I mean, everyone in Miami is Hispanic, so it's like -- you can't -- you can't tell. I talk to you on the phone, it's like talking to some, like, you know, Maria Maria from west Side Story. But, look, it could have been -- right. So he wasn't -- you know, wasn't Cinaudible) skin. He wasn't -- he had the fucking (inaudible) pulled down. He was very recognizable.
KATHERINE MAGBANUA: Yeah, so Cinaudible).
CHARLIE ADELSON: with no glasses. I said, what about -- like no glasses, no hat, you know, well -- she said well dressed.
KATHERINE MAGBANUA: He was well dressed?
CHARLIE ADELSON: Yeah, it wasn't like you would have looked at him and be like, oh, he's a thug. No. She said he was wearing like a shirt and had kind of like a little vest and kind of like a little jacket over it. She said he was broad. My mom's like, he was big. My mom's walking this way. My mom goes to the right, he goes like this, standing in front of her. My mom's like, oh, sorry, sir. Like this. And she goes -- my mom's like, sorry. He's like, Mrs. Adelson? She's like, yes? He goes, I need to talk with you. Okay. So my mom thought it was like a process server.
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: Okay? She said it was --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: Katie, for $19, if I entered your mom's name and address in a fucking computer, it costs $19 to find out where they had probably rented an apartment under their name. So it's probably in the registry or whatever. So it's like, you know when you're online and it's like $19 or $29.99, find anyone when you want? That's all you do. And it shows where they're registered at and then you locate them. And you go online, you pull up a picture, and you sit outside and wait. And you know what their kids look like, because that's -- they're online too.
So --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: SO --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: Katie, they'll be back. And then all of a sudden, these people go -- like, whoever it is, knows information.
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: What?
KATHERINE MAGBANUA: (Inaudible). And there's not a lot of people that Cinaudible).
CHARLIE ADELSON: They didn't mention my name. It makes me think -- makes me think they don't -- these people only know part of a story, or they think they know part of a story.
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: Do you think that Cinaudible). No. Let me ask a question. when everybody was there the next day Cinaudible) didn't take any money? It's not like you're driving around in a Bentley, cruising around in a mega-yacht. You know? Some of these people (inaudible) at some point, because otherwise we have no idea who's saying Cinaudible).
KATHERINE MAGBANUA: (Inaudible) describing it, that means Cinaudible).
CHARLIE ADELSON: (Inaudible).
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: well, you could know some things but not any -- any -- the problem is this, that -- okay. So go tell the cops. They're going to ask you, where's the weapon at? And you're going to say, I don't know. Do you know who pulled the trigger? You can say a name. Okay. HOw can you -- were you with -- did you witness it? You're going to say, no. So you didn't witness it. You only heard a rumor on the street that this person did something. You know what that's worth? Zero. And then what you do is, you wear a wire, get this person talking, and if you can get the person to confess on wire, then you have something in your cart. You have a confession. You have an admission of guilt.
Outside of that, there's no evidence. Okay? Did -- you know, if you have a car and you can link this person to renting that car that was used at the scene of the crime, okay, but, you know, you have to prove that they were also driving that day too and they never rented it and lent it to a friend. what if you rented a car today, I go, Katie, can I just -- can I borrow it for the weekend and I'll bring it back on Tuesday? You go, yeah, sure. So you rented a car. You've been in that car. I drive it to fucking Orlando. I rob the McDonald's in Orlando. I come back and I go, here's the keys, Katie. And you go, okay, thanks. Yeah, you rented it, but -- but what if you were fucking out all weekend and didn't even know I took your car and I did something and I brought it back?
Okay. My point is, I don't have any knowledge of what went on. Evidently, this person's either pretending to or does. I don't want someone paying visits to my parents.
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: It could. It could. I wish it was a cop playing games. why didn't they know it was me? If it was a cop playing games or an investigator playing games, they didn't mention me. They did mention her son's girlfriend, Katie. Did not mention me at all. Mentioned -- said, my family. Okay? I think if they thought I had something to do with it, they would find me and they'd talk to me. You know what I'm saying? Like, go talk to the person who's involved, not talk to people who aren't involved. And I'm not involved.
But even if they knew -- if they knew -- but if they knew our -- your -- your relationship is with me, not my family. Like, I dated you, not my mom Cinaudible). This person obviously doesn't even know that we dated. That's a direct connection is, who was her boyfriend. The 71-year old guy, Dr. Adelson, or the 37-year old guy? (Inaudible). That's who you talk to. Don't waste your time with momma. They needed to talk Cinaudible). wouldn't that make sense that the only connection to my family is me actually? Your connection to my family is not my mom. Like, yeah, you work for the office now because the checks Cinaudible). And that's just because you come in and work on the weekends, which I trust that you're doing because I'm never there. when I see you, you tell me you do it and the place looks clean, so you get your checks. You clean up, whatever.
But that's neither here nor there. This person knows information. And even if they are cops Cinaudible) that information (inaudible). (Inaudible) said your name. And they also know that -- they're claiming that somebody, you know, had something to do with it is incarcerated. I don't know anybody who's incarcerated.
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: My point is, I don't want this coming back. TI don't have a problem helping the community out. I don't want the community to come back next month. And what I think happens if we pay the money, they're going to be back again and again and again and say that they want money. (Inaudible) not a cop. very aggressive if it is a cop. If it's a cop, I'm happy because I got nothing to hide. Okay? If it's nota cop --
KATHERINE MAGBANUA: (Inaudible) simple.
CHARLIE ADELSON: (Inaudible). And you've got to understand something, Cinaudible). Katie, there's no evidence. And they sit down and they tell the police what happened. First, they're going to ask my parents to take a lie detector test, which they won't do, just for the simple reason that those things give false positives all the time, which, unfortunately, makes you look bad because it's like, okay, you know, we're just -- we just feel that way, that lie detector tests are not accurate. But 99 percent of people, they have nothing to hide, take a lie detector test. It makes you look bad if they're like, Katie, you want to take a lie detector test, and you shot JFK. And you're like, yeah, I'll fucking take your test and I'm going home afterwards. All right? Make it quick. Okay? Because you didn't shoot JFK, so --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: Right. And, you know, you're -- right. But let me explain something to you. If we go to the police, this is going to put the spotlight (inaudible). The FBI -- and we're talking a bigwig from the FBI. Not like the first-year rookie. You're going to have a 20-year vet with the FBI knocking at your door wanting to speak to you, and wanting to speak (inaudible). This is -- made fucking -- this made not only national news. This was on -- this was in London. My family in London was calling us. You know what BBC news is? British Broadcasting News? This was on the BBC news.
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: Okay. That doesn't matter. This made the BBC news. This was on Good Morning America. This was on the New York Times. This was a big story. So, well, listen, you didn't do anything. I didn't do anything. Now prove it. Next question, prove it. And I don't -- I don't have time to talk with the news. You want to arrest me, fucking arrest me. I'm not going to sit here and show you photos of dick pictures I took of myself. Like, I mean, why can't you have my phone? Because I got a bunch of nude photos of myself on my phone. You're not looking at dick pictures of myself all day, too. why don't you come back with a warrant and you can look at all the dick pictures you want of me. I'm serious, I don't want them laughing at my pee-pee.
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: The point is, okay, I don't like cops, and you're not getting my dick pics of myself, so have a nice day. That's my answer. Okay? If you think I did something, arrest me and charge me and that's it. Okay? That's it. Now, I don't want these people coming back -- if they are cops, I'm happy, because I've got nothing to hide. If they're a bad guy, theres's two ways of dealing with this situation. One is, go ahead and contact Miami Beach Police Department.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: Okay? They'll contact this guy, they'll talk to him on the phone, and they'll arrange for things to be set up.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: And when it's set up, it's going to be like the fucking SWAT team and fucking FBI. They're going to fucking take this guy down, and then they will offer him ten years because we just have you on tape extorting somebody, and now tell us everything you know or you're going to serve ten years in prison. Is it worth it?
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: Okay. Next thing you know, this person is a snitch, and people -- other people start singing. As soon as they have him, he starts calling your name out. well, my parents know, they're going to have to say, yeah, the guy came, they said that -- they're going to ask us the story of what happened. There's going to be police, okay, at your door, at my door. It's going to be --
KATHERINE MAGBANUA: My name Cinaudible) --
CHARLIE ADELSON: They're going to want to come after them. They're going to check out anybody who got bailed out of jail. (Inaudible) bailed out of jail. And then they're going to be -- it's not going to be cops. It's going to be big boys flying in to see what they can come up with. Okay? And then that's probably going to make the newspaper. I want to give them the money, but I don't want it to evolve into next Tuesday he's asking for
(inaudible).
CHARLIE ADELSON: So this was my idea. I give you money. You contact (inaudible). Listen. Listen to what I'm -- listen to why I'm saying it. This is why I'm saying it. I give you money, you talk to him on the phone, she is (inaudible) say -- I'm just -- because my head is fucking spinning. So you now know that -- I know whoever this guy is. I don't know who he is. And these people are going to -- say, my friend -- say, I got -- you can call the guy up and say, I got a call from so-and-so. I gota call from somebody saying you reached out to them. That's all I want you to say. I got a call from so-and-so that you reached out. These people had --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: This is what I want you to do. I want you to call up this person and say that I got a call from some friends of mine who say that you reached out to them and that you mentioned my name. And remember, remember, your job is to protect (inaudible). Okay? So, what you're going to say is, I got a call from some friends of mine who said that you reached out and that you had mentioned my name. These people want to go to the police because they had nothing to do with what you're talking about. Okay? And, frankly, I don't know what you're talking about, but the name sounds familiar of who's incarcerated. So, I probably can give you something as charity to help the less fortunate. But do not contact these people again or they're going to the police.
And let him know you had to do everything in the world to prevent these people from going to the police. Because they don't know anything. TI don't know anything. And that you -- the name sounds a little familiar, and that I'm going to help you out with some charity, and don't ever contact me, my friends, or my family again. we will go to the police.
That way he gets the money. He also knows that you know everything. That you may have a friend who may not be so cool with what's going on, too. He may know people that knows how to handle people like this. And that this is a fucking one-time thing, and this is charity to help somebody out, less fortunate -- you believe in Karma -- and that's the only reason it's being done. If it happens again, they're going to bring it to the police.
And then the whole time you're talking, you just say, I don't know at all what's going on. I was just called. I'm very shaken over this. (Inaudible), and I told them that we're going to try to help these people. But that's it. You don't use anything other than the words "help" and "charity." And that you're going to ask that you leave these people alone or they are going to the police.
That's all I was able to come up with. Because if they're police, they can't take the money. They can't take the money. They won't even come meet you. They fucked up. If it's this guy, maybe in the back of his -- he knows and he can fuck off times a million. And then now he's fucking with his wife and he's fucking with him, and you fuck with Cinaudible) himself, you better kill him because you're going to be in big trouble. And he knows who people are, and if he can't do it, he'll have someone else do it.
And so help me God, if they fuck with my family, it's going to be like fucking Nazi shit, because it will be dealt with. Do you know what I'm saying? I mean, Katie, I don't care what I spend. Okay? I swear to God, if -- Katie -- Katie --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: This person doesn't know
(inaudible).
KATHERINE MAGBANUA: Now (inaudible).
CHARLIE ADELSON: This person knows -- they feel like they know a little bit. Maybe, maybe not. I think they either --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: (Inaudible). what? No.
(Inaudible).
KATHERINE MAGBANUA: (Inaudible) information (inaudible) as a deterrent.
CHARLIE ADELSON: Right. So he knows I have you on salary. (Inaudible). You think he'd be happy to know that Cinaudible).
KATHERINE MAGBANUA: (Inaudible) because they know that I need it.
CHARLIE ADELSON: He doesn't have any bad feelings towards me, does he? Our paths never crossed. I didn't know the two of you when you were together. It's not like I'm --
KATHERINE MAGBANUA: He's not like that.
CHARLIE ADELSON: You know, where it's like, yeah, I fucking was around when you guys were together, and I hopped in when he walked out. Like, that's a different story.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: That's disrespectful.
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: There's no --
KATHERINE MAGBANUA: TI Cinaudible).
CHARLIE ADELSON: What?
KATHERINE MAGBANUA: (Inaudible). If anything
(inaudible).
CHARLIE ADELSON: I mean, he Cinaudible) and that's without even saying -- I don't even Cinaudible). You know what I'm saying? Like you know it. I don't even have to -- I don't have to sit here and tell you what I would do. I could show you what I'd do. You know what I'm saying? Like I am -- you know who I am. Right? I -- I look for things to do. You don't ask me for shit. I'm the one that's like, hey, Noah's birthday's coming up, I got you. You know? I'm the one who's like, anything I can -- you know, you don't ask. I'm the one who's like, hey, I'll sell you the Lexus for a very good price. I know you're having car problems. You know what I'm saying? Like, I'm the one who -- I don't have -- I don't have to tell you. I show you.
So what do you think? (Inaudible) my mom (inaudible). He needs to know that it's going to go down one of the two ways, like, you're either fucking with me or you're fucking with the police. Pick which one. And -- yeah.
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: He threatened. He said -- he said -- he said Tuto is incarcerated and I know that your family -- and he helped your family out, and I know you've been helping Katie out. Your family's been helping --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: Your family has been helping Katie out, and his family needs some help now. My mom was like, I don't know what you're talking about. And he says, well, maybe this will help explain it to you. Call me. And he handed it to her. He did not go through that trouble of finding her and putting that thing together and handing it to her without -- and then just going to go away? He ain't going away.
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: what's that?
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: What's that?
KATHERINE MAGBANUA: I said Cinaudible).
CHARLIE ADELSON: well, if it's -- listen, if it's the cops --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: Well --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: The problem is, you get into -- like if my mom meets him, right, okay, I'll meet you tomorrow in front of a huge building and he just drives up and she hands him the 5G, what the fuck do you think's going to happen next month? It's going to be, oh, we need your help again. You know what I mean? And the thing is, if my parents really were guilty, they may think they have a big fish on the line to pay them monthly. All they have to do is scare this little old lady. who's she going to go to? Is she going to go to the cops? She's guilty as hell. You have to let them know that these people are not afraid of going to the cops? They've got nothing to hide. Okay?
So, you're the one they reached out to and they said -- and you need to say, they reached out to me because you mentioned my name.
KATHERINE MAGBANUA: why would you ever think (inaudible). why would somebody (inaudible). That would have been more like personal.
CHARLIE ADELSON: I'm more afraid now of the long-term, like, knock at the door again and again and again and again. This is --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: why not? Because I don't think they want to mess with me. It's -- he's got a lot of connections. He is like so far removed that --
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: Like he is --
KATHERINE MAGBANUA: Yeah Cinaudible).
CHARLIE ADELSON: He doesn't have -- because he doesn't have anybody that he can call up unless he still has people. You -- listen, you giving somebody some money is not an admission of any kind of guilt. It's like, listen, if you gave me money now Cinaudible) this is the one and only time Cinaudible). I don't know what this is about. This is Cinaudible) telling you -- you know how you just say things about Cinaudible), but like just the way he said it, like, he said, he needs your help. He was there for you. And his family needs your help now.
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: Yeah, like he just -- he didn't want -- he didn't want to scare her. He didn't scare her. But this is the part that you don't understand, my mom had diarrhea all night. She hasn't been eating and she's been up since 2:00 in the morning with diarrhea.
KATHERINE MAGBANUA: Of course Cinaudible).
CHARLIE ADELSON: Like, how do you think I feel, my mom is 65-years-old, been up since 2 in the morning with fucking diarrhea.
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: You what?
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: I don't know.
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: I know. I have it Cinaudible). when I was leaving the house, I literally had the bag out and I had it in my Cinaudible).
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: TI -- I know. well, if you want, you guys can swing by my house later.
So, what do we do?
KATHERINE MAGBANUA: I don't know. (Inaudible).
CHARLIE ADELSON: TI want you to make a pact right now Cinaudible) and I'm going to give you cash. TI don't want you to talk to Cinaudible). Good?
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: well -- what?
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: (Inaudible).
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: (Inaudible). what?
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: Unless it's a real number. I mean, the guy didn't have glasses or a hat. I thought he was someone else (inaudible). Yeah, which shocked me too, that he's going to (inaudible). well -- so they could see (inaudible). But let me just put it this way: These kind of things, when you blackmail somebody, you're putting yourself out there --
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: -- so that's the only reason. Because if you're blackmailing someone, someone's got a couple options: Either take care of you, or -- hey, and if you're blackmailing somebody who's had no problem possibly doing that, hey -- look, blackmail somebody who's banging their secretary. Okay? Not -- blackmail somebody over fucking, like --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: My office -- my office in the morning, and then I'm in westin in the afternoon. I know, I'm going in to do a special Cinaudible).
But it's like, if you're going to -- like, if you're going to blackmail someone, blackmail someone that's cheating on their wife. Don't Cinaudible) -- because the thing is, these are the big boys. Like, if this is what it actually revolves -- this is what I'm saying. If this is what it's actually revolving around, okay, it's actually revolving around this horrible Cinaudible).
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: Yeah, but this is what I'm saying. If you're blackmailing somebody who potentially has the ability to get something like this done, you've got a fucking set of balls, because they may make you shut up real quick. which makes me think, without a doubt, he's not the only -- he didn't come there alone. He came there with somebody else. You know what I'm saying?
And then this is the next thing. You ready? what about -- so what if his homeboys offed somebody? All he does is, walks up and he goes, Ms. Adelson, so-and-so's family needs help. Meanwhile, this dude's family ain't getting shit. We just get a bunch of scumbags knocking on my door going, somebody needs help. well, guess what? I don't have anything to do with what happened down there. You don't. I don't know anyone who does. I don't know who Tuto is they're talking about. Okay? Like, I don't know these people.
So, my point is, the problem is, once you pay, you're going to get every fucking Tom, Dick, and Harry showing up, going, hey, somebody needs help. Go to the fucking police. I don't care. Go to the police. Tell them what you know. I'11l tell them what I know. Nothing. Because I don't.
(Inaudible) happy when the FBI's knocking on your door at five in the morning. And you know where this is coming from? Inside. I don't know anybody that's got that bad (inaudible) -- just the (inaudible). Yeah.
(Video recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Did you hear Mr. Adelson offer some rental car examples in this recording?
PATRICK SANFORD: I did.
MS. CAPPLEMAN: Was it public knowledge that a rental car had been used in this murder at that time?
PATRICK SANFORD: No. It was only released that a green Prius, we were looking for a green Prius.
MS. CAPPLEMAN: Did you ever hear either of the parties in this recording say Sigfredo Garcia?
PATRICK SANFORD: No, I did not.
MS. CAPPLEMAN: was he referenced in this recording?
PATRICK SANFORD: was he referenced?
MS. CAPPLEMAN: Yeah, who did they mean, "He would be happy I have you on salary"?
PATRICK SANFORD: Yes, that's -- that's who they were referencing that -- that particular moment, correct.
MS. CAPPLEMAN: No bad -- "He doesn't have any bad feelings toward me, does he," would that reference Garcia?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Did the surveillance that was being conducted around this time shed any light on the relationship between Katherine Magbanua and Sigfredo Garcia at this time?
PATRICK SANFORD: Yes, at this time, they were actually back together and they were living together in a house with their children, or condo.
MS. CAPPLEMAN: Is the word "extortion" used in this recording?
MS. CAPPLEMAN: Okay. What about "blackmail"?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: All right. Tell us about the next call please, call F.
PATRICK SANFORD: Call F is about -- is as Mr. Adelson is leaving Dolce Vita. After meeting with Ms. Magbanua, he calls Donna Adelson at 4:56 p.m.
MS. CAPPLEMAN: All right. Publish F, please.
MR. ZELMAN: Judge, can we get instruction 2.6 read?
JUDGE EVERETT: One moment.
MS. CAPPLEMAN: Is that regarding the use of the transcript as an aid, Your Honor?
MR. ZELMAN: Yes, sir.
MS. CAPPLEMAN: No objection.
JUDGE EVERETT: Members of the jury, you are about to hear recorded conversations. These recorded conversations are proper evidence and you may consider them just as any other evidence. You're also being furnished transcripts of the recorded conversation. The recordings are the evidence and the transcripts are provided to you only as a guide to help you follow as you listen to the recordings. The transcripts are not evidence of what was actually said or who said it. If you notice any difference between what you hear on the recordings and what you read in the transcripts, you must rely on what you hear and what not -- and not what you read.
You may continue.
MS. CAPPLEMAN: Thank you, Judge.
Back to the State's Exhibit 99, Call F.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
DONNA ADELSON: Hey, honey, how are you?
CHARLIE ADELSON: Hey, what's going on?
DONNA ADELSON: I'm sitting here watching the boys at their tennis (inaudible). They are having a wonderful time.
CHARLIE ADELSON: Oh, that's awesome.
DONNA ADELSON: Yeah, but I was concerned because I thought they had only Cinaudible) private lessons, but they're having fun because, you know, there's six kids on the court, so -- and they're all about the same level, so they're having fun with this.
CHARLIE ADELSON: Oh, that's fantastic.
DONNA ADELSON: Yeah. So how is your day going?
CHARLIE ADELSON: It's good. It's good. I'm just leaving -- I just drank some coffee with a friend, and -- and it was good. I'm actually going to -- maybe -- everything's good.
DONNA ADELSON: Everything -- yeah --
CHARLIE ADELSON: So --
DONNA ADELSON: -- everything's fine?
CHARLIE ADELSON: Yeah, yeah. Just helping her out with some relationship advice, so --
DONNA ADELSON: Oh, okay.
CHARLIE ADELSON: Yeah. She may come by and see me tomorrow actually, too. She had to go back to work. So I think she's going to come maybe to my office tomorrow or another office and talk to her some more. I gave her some good advice.
DONNA ADELSON: Yeah?
CHARLIE ADELSON: And she's just sleeping on it.
DONNA ADELSON: OKay. Oh, good.
CHARLIE ADELSON: So --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: Relationships are not easy.
DONNA ADELSON: No, they're not. They're not.
CHARLIE ADELSON: So -- so that's it. So everything's fine anyway. It's -- without a doubt everything is fine.
DONNA ADELSON: Everything's good?
CHARLIE ADELSON: Yeah. Yeah, no -- no question in the world.
DONNA ADELSON: Okay.
CHARLIE ADELSON: I would not --
DONNA ADELSON: Stress it?
CHARLIE ADELSON: No. Honest to God, I wouldn't. I can talk to you more about it, but --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: I mean, if you want, you can always come up to the -- well, you're going to be hanging out with dad tomorrow, right?
DONNA ADELSON: Oh, yeah, tomorrow -- what's tomorrow? Tomorrow is Thursday. Dad is off. Yeah, we're going to be doing a lot of stuff for the holiday getting the dinner ready, a lot of recipes and a lot of cooking, and that's always a rough holiday to cook for. It's not an easy one. But --
CHARLIE ADELSON: I'm bringing ten lobsters and nobody complains.
DONNA ADELSON: You're probably right. No one would complain. well, it's only us and the kids and Dave. Dave doesn't have the children.
CHARLIE ADELSON: Oh, really.
DONNA ADELSON: Yeah, so it's just the boys and us and Dave.
CHARLIE ADELSON: That's awesome.
DONNA ADELSON: Yeah. So do you think everything will be good for Saturday night, the dinner should go well?
CHARLIE ADELSON: well, you know June is trying out for Miami Dolphins’ cheerleaders?
DONNA ADELSON: Oh, no, I didn't.
CHARLIE ADELSON: Yeah, no, she's actually --
DONNA ADELSON: She's a dancer?
CHARLIE ADELSON: Oh, my God, she's an awesome dancer. She made it to fifth round last year and got cut in the last like -- literally, when like when they have it down to 60 girls and they took 45. So you can imagine how many girls try out for it.
DONNA ADELSON: Oh, yeah. I've seen it on TV, the tryouts. It's hundreds and hundreds of girls. They are all really good dancers.
CHARLIE ADELSON: Yeah. No, June is an awesome dancer. She's in dance class like three days a week and she's been training real hard and she's actually probably been training too hard because she pulled her hamstring like two days ago.
DONNA ADELSON: Oh, no. Oh, boy.
CHARLIE ADELSON: So, no, she can do like head kicks and like double turns and splits and -- no, she's been a dancer really her whole life, a dancer Cinaudible).
CHARLIE ADELSON: So this is her third time trying out so she made it last time to the fifth round, which is the final round and didn't make it. So it's been her dream. So Saturday --
DONNA ADELSON: Yeah, Saturday when?
CHARLIE ADELSON: well, she's going to be trying out Saturday.
DONNA ADELSON: That's not yours. You have to go back -- one second. You have to go back and get your racket, honey. That he gave you that just to use. Go back and get your two rackets because yours are too small. I'm sorry.
CHARLIE ADELSON: So after the Dolphin tryouts, she's gonna come to -- she may come. what time -- what time is it?
DONNA ADELSON: well, what time -- we want to do it early so the kids don't stay up too late. So 5:00, 5:30.
CHARLIE ADELSON: Yeah, I'm planing to be up in west Palm at like 11:00.
DONNA ADELSON: Yes.
CHARLIE ADELSON: So I'll be on the road from 11:00 to 12:00, 12:00 to 1:00, 2:00, home by 3:15.
DONNA ADELSON: well, just tell me if June is coming because I'll set the table for her.
CHARLIE ADELSON: Yeah, I'll find if she's coming or if she's going to -- maybe I'll have her just drive herself after the tryouts.
DONNA ADELSON: Okay. Yeah, if she's coming --
CHARLIE ADELSON: It just depends.
DONNA ADELSON: -- it's fine. I just need to know.
CHARLIE ADELSON: Yeah, she may get out at 5:00 and be in like gym clothes. And if that's the case, she possibly --
DONNA ADELSON: Right.
CHARLIE ADELSON: -- you know, drive gym clothes and she hasn't showered.
DONNA ADELSON: I see what you mean. Okay.
CHARLIE ADELSON: That's the only reason why she shouldn't come. Otherwise, she will come.
DONNA ADELSON: Okay. No, I understand. Nota problem. Just let me know so I can set the table, set for one more.
CHARLIE ADELSON: I'm excited for her. TI hope she makes it.
DONNA ADELSON: Yeah, my God, that's a pretty exciting thing.
CHARLIE ADELSON: Yeah, well, that's how she knew -- that's how she knew Lauren's sister.
DONNA ADELSON: Oh, okay. Hold on one second. Guys, wait a minute. I have to ask -- I have to ask Pat something for you. I have to see if the coach can take them on Monday. Let me -- let me just run out to the court for a second. I'm going to call you right back, honey, okay?
CHARLIE ADELSON: Yeah.
DONNA ADELSON: Okay. Bye.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: And does she call him right back?
PATRICK SANFORD: Yes, she does.
MS. CAPPLEMAN: Publish call G, please.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
CHARLIE ADELSON: Yeah.
DONNA ADELSON: Hi, honey. Sorry about that. I had to just schedule it for Monday. Yeah, so --
CHARLIE ADELSON: Everything's good. I just -- so lI hung out with my friend and then she's going to sleep on some stuff and then she's going to come tomorrow to either my office or Thanos' office and tell me how it works.
DONNA ADELSON: (Inaudible).
CHARLIE ADELSON: Yeah.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: Okay. So -- so I'll talk -- I'll talk to her tomorrow. Wish me the best of luck.
DONNA ADELSON: Yeah. So you think she'll be okay?
Is everything good for her?
CHARLIE ADELSON: Yeah, I told her, I mean -- like I was explaining it to you, with relationships, they either go one of two ways, like --
DONNA ADELSON: Right.
CHARLIE ADELSON: So it's going to be one of two ways.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: But --
DONNA ADELSON: How you want it?
CHARLIE ADELSON: Yeah.
DONNA ADELSON: (Inaudible). That's fine. You can.
All right. Charlie, I love you, doll.
CHARLIE ADELSON: what are they saying? You're welcome. So I'm --
DONNA ADELSON: Yeah. Hoping dad has a good day at the office.
CHARLIE ADELSON: Oh, yeah, yeah.
DONNA ADELSON: He just -- I like to -- I'd like him to have a good night's sleep, so --
CHARLIE ADELSON: Yeah.
DONNA ADELSON: He works a long day. It was a long day.
CHARLIE ADELSON: But I truly would not worry about anything.
DONNA ADELSON: Wait a second. L.A., honey, this little girl was on that. wait until she finishes and then you'll go on.
You don't think so?
CHARLIE ADELSON: Yeah. No, without a doubt, I wouldn't.
DONNA ADELSON: Okay. TI hope so.
CHARLIE ADELSON: There's nothing -- there's nothing to worry about.
DONNA ADELSON: That's good. So you'll be up at the office -- you'll be at our office all day tomorrow?
CHARLIE ADELSON: From about 11 to probably like 3, I'll be gone.
DONNA ADELSON: Oh, really? Done for the day?
CHARLIE ADELSON: Well, and then I go to Thanos' office.
DONNA ADELSON: Oh, Thanos. Got you.
CHARLIE ADELSON: Yeah. TI hate this area, like Ives Dairy and 95.
DONNA ADELSON: Very crowded?
CHARLIE ADELSON: Oh, my God, the traffic, to go from like -- I mean, literally, for me to go from like, you know, on Biscayne to like all the way to like 95, it's the same amount of time it takes me to go from my house to South Beach.
DONNA ADELSON: Wow.
CHARLIE ADELSON: Just east/west.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: It's better for me to go to South Beach from Fort Lauderdale than to be in Miami and go to the highway. I mean, it's strange Cinaudible) schools and everything. So -- all right. (Inaudible).
DONNA ADELSON: Yes. No, that's -- they're swinging and -- I'm pushing as high as I can. That's the squeak of the swing.
CHARLIE ADELSON: All right.
DONNA ADELSON: So I'm pushing them. The old grandma. All right. I love you.
CHARLIE ADELSON: I love you, too. I would worry about absolutely nothing.
DONNA ADELSON: Really?
CHARLIE ADELSON: Yeah. I'm telling you. I'm telling you, I would not --
DONNA ADELSON: Well, if your theory is correct, then that will be -- you know, we don't know that.
CHARLIE ADELSON: well, listen, I mean, you have to realize something, it does them no good.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: At the end of the day, there's nothing -- they're not going to gain -- they're not going to gain anything. They're still going to be in the same situation. And it's not like -- listen, it's not like you've ever threatened anybody or hurt anybody so --
DONNA ADELSON: NO, no.
CHARLIE ADELSON: You know, and listen, the thing is this, is that they're not hiding who they are.
DONNA ADELSON: Right, not at all.
CHARLIE ADELSON: Not at all, so --
DONNA ADELSON: That's why I had that other supposition.
CHARLIE ADELSON: What's that?
DONNA ADELSON: That's why my thoughts were different.
CHARLIE ADELSON: Yeah, yeah, yeah. It's not really hidden who they are. And the whole thing is weird. I mean, the whole thing is very weird, because it's -- it's the kind of thing that could easily be traced --
DONNA ADELSON: Right.
CHARLIE ADELSON: -- they could easily be caught and they easily will have charges put against them. Honestly, extorting people is like up to ten years in prison. TI don't know why they would make it -- you know, just make it so easy to -- it's really stupid. (Inaudible) secret.
DONNA ADELSON: Yeah, yeah, I know.
CHARLIE ADELSON: So, no, it's -- I think it's something that can be dealt with very -- it's not that bad.
DONNA ADELSON: Okay.
CHARLIE ADELSON: It could be a lot worse. Let me reference it to you like that.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: So --
DONNA ADELSON: All right, sweetie pie. I will talk to you maybe tomorrow during the day or at night. You'll let me know --
CHARLIE ADELSON: All right. Sounds good.
DONNA ADELSON: -- if everything is good for the dinner.
CHARLIE ADELSON: (Inaudible). Okay.
DONNA ADELSON: Bye, bye. Love you.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Let's go to the next day, please, April 21, 2016. Are there any calls on that date?
PATRICK SANFORD: Yes, there are.
MS. CAPPLEMAN: Okay. Tell us about Call H.
PATRICK SANFORD: Call H is between Katherine Magbanua and Sigfredo Garcia. It's at 8:17 in the morning.
MS. CAPPLEMAN: All right. Publish call H, please.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
SIGFREDO GARCIA: Listen, I'm going to tell you something right now and I'm going to make this very Clear --
KATHERINE MAGBANUA: (Inaudible).
SIGFREDO GARCIA: -- I'm going to make something very clear because you're talking belligerent bullshit.
KATHERINE MAGBANUA: You're saying I'm belligerent?
SIGFREDO GARCIA: I'm -- I'm going to make something very clear. Okay?
KATHERINE MAGBANUA: (Inaudible) been up the whole night drinking and I'm drunk. You haven't spoken to me about anything and now you're going to come at me?
SIGFREDO GARCIA: why? Because you don't know how to apologize, because you were wrong.
KATHERINE MAGBANUA: (Inaudible).
SIGFREDO GARCIA: Okay?
KATHERINE MAGBANUA: (Inaudible) last night.
SIGFREDO GARCIA: This is the same thing that happened last time. Listen, I have a more pressing matter that I have to attend to. Okay?
KATHERINE MAGBANUA: (Inaudible) I don't feel secure, because you take care of everybody else. where is my security, Tuto? when are you going to step up for me? when is that going to happen? Because I feel like everybody else gets the special attention, and then, Katie, you go figure it out. You go figure it out. You figure out the kids. You figure out life. You figure out --
SIGFREDO GARCIA: Katie, Katie, Katie, you are so --
Katie, you're doing this again. This is the same shit. I've been here. I've never felt happier.
KATHERINE MAGBANUA: Every single time --
SIGFREDO GARCIA: We were so happy. We were so -- we were so happy.
KATHERINE MAGBANUA: You have to play pool. You have to leave me. You have to --
SIGFREDO GARCIA: Oh, my God, Katie. All right. All right, man. All right. All right. Then fine, then go. Whatever. Fine. Go. If that's what you need to do to make yourself happy, then --
KATHERINE MAGBANUA: To make myself --
SIGFREDO GARCIA: -- I'm not going to hold you back.
KATHERINE MAGBANUA: (Inaudible) why do you have to go through like everything? After everything we went through, why does it have to go back to square one? Do you know how bad I feel? It's like, again, I feel like I'm getting --
SIGFREDO GARCIA: Katie, Katie, Katie, listen, listen, I --
KATHERINE MAGBANUA: It's always -- no. God, I swear to God, it's just like -- it's like I should just go somewhere because it's like you're basically --
SIGFREDO GARCIA: Do that.
KATHERINE MAGBANUA: (Inaudible).
SIGFREDO GARCIA: Do that.
KATHERINE MAGBANUA: You're screwing me over. You're going to tell me, I'm going to make a phone call.
SIGFREDO GARCIA: I'm making that fucking phone call. Just --
KATHERINE MAGBANUA: But you don't talk to me.
SIGFREDO GARCIA: Look, Katie, Katie, you --
KATHERINE MAGBANUA: I'm on edge, and I'm (inaudible) on edge again today. You don't think that --
SIGFREDO GARCIA: No. I'm pretty sure somebody will come by to soothe you and make you feel better.
KATHERINE MAGBANUA: Are you talking --
SIGFREDO GARCIA: Katie, listen --
KATHERINE MAGBANUA: Listen to --
SIGFREDO GARCIA: Don't fucking -- don't fucking -- listen, I just want you to fucking have a pussy between your legs and act like you have -- if you want to fucking do what you want to do, do it. I'm going to take care of my -- I'm going to take care of this fucking problem. I'm going to take care of this fucking problem and --
KATHERINE MAGBANUA: when are you going to take care of it, though? You don't discuss anything with me. You're not even listening.
SIGFREDO GARCIA: Because the less you know, the better off -- man, just stop talking on the phone, man. Bye.
KATHERINE MAGBANUA: That's why, you can't even --
SIGFREDO GARCIA: Bye.
KATHERINE MAGBANUA: You can't even tell me anything.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. Is there another call between Magbanua and Garcia that day?
PATRICK SANFORD: There is -- there's one --
MS. CAPPLEMAN: Just a couple of minutes later?
PATRICK SANFORD: A couple of minutes later almost immediately following them hanging up. It was at 8:36.
MS. CAPPLEMAN: Okay. Publish Call I.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
SIGFREDO GARCIA: Yeah.
KATHERINE MAGBANUA: Hello?
SIGFREDO GARCIA: Yeah.
KATHERINE MAGBANUA: I don't remember if it was -- I think -- I think, just in case, I think like you have to pay for Ethan's school. It's like -- because of the balance is $65.70.
SIGFREDO GARCIA: I have to pay for it?
KATHERINE MAGBANUA: Like I think, you remember that I wrote it down, the amount that you're supposed to put?
SIGFREDO GARCIA: You can't pay for it?
KATHERINE MAGBANUA: But I'm not sure if it's $60.57 or it's $65.70.
SIGFREDO GARCIA: I'm trying to get a secured credit card. Is there any way you could pay for it?
KATHERINE MAGBANUA: I'm just telling you, I don't remember if it's either one of those numbers.
SIGFREDO GARCIA: well, you're picking them up today, so --
KATHERINE MAGBANUA: Huh? So what?
SIGFREDO GARCIA: You're picking them up today, so you'll find out when you get there.
KATHERINE MAGBANUA: The amount that I gave you on the piece of paper, I don't know if it's $60.57 or $65.70.
SIGFREDO GARCIA: Got it.
KATHERINE MAGBANUA: Okay? So there's some credit cards that I can use in his school. So it makes no sense. You got it?
SIGFREDO GARCIA: Understood.
(Audio recording concluded. )
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. So $65.70, is that a reference to the phone number on the piece of paper that was handed to Donna Adelson?
PATRICK SANFORD: It is. The undercover's last four digits is 6570 on his cell phone.
MS. CAPPLEMAN: And that number was handed on a piece of paper to the defendant?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: And that number was given on the Dolce vita recording from Charlie to Katie?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: Okay. And now Katie to Garcia?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Okay. what is call J?
PATRICK SANFORD: Call J is the same day on the 21st. It's Charlie Adelson to Katherine Magbanua at 9:31 a.m.
MS. CAPPLEMAN: Publish J, please.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins:)
KATHERINE MAGBANUA: Hello.
CHARLIE ADELSON: Hey, what's up?
KATHERINE MAGBANUA: Good morning.
CHARLIE ADELSON: Good morning.
CHARLIE ADELSON: I found a tree. what's that?
KATHERINE MAGBANUA: Uh-huh, you did.
CHARLIE ADELSON: I found a tree, a little bonsai tree.
KATHERINE MAGBANUA: TI want one.
CHARLIE ADELSON: Do you want to come by the office?
KATHERINE MAGBANUA: Like legit a real one, though.
CHARLIE ADELSON: I've got to prune it.
KATHERINE MAGBANUA: It's good luck.
CHARLIE ADELSON: I'll work on it. I'm gonna go up to my office.
KATHERINE MAGBANUA: We use to have that in your office or whatever. Me and Ninja's office. I have -- I have to pay rent.
CHARLIE ADELSON: Uh-oh.
KATHERINE MAGBANUA: Yeah, I'm picking up a corner.
CHARLIE ADELSON: A corner?
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: You should get the whole block.
KATHERINE MAGBANUA: I know. I only get a corner of the office. (Inaudible). Hold on. Give me one second. Okay. Whatever. Let me just -- so --
CHARLIE ADELSON: So I figured, see, if you want to come by, that way I can give it to you.
KATHERINE MAGBANUA: Yeah. well, what time, though, cause I have --
CHARLIE ADELSON: Two o'clock.
KATHERINE MAGBANUA: What -- what time are you there?
CHARLIE ADELSON: I'll be at my office from 11 till probably 3:00 o'clock. I've got to start heading up to the weston.
KATHERINE MAGBANUA: Oh, shoot. That's not going to be possible cause I'm here. I have a lot --
KATHERINE MAGBANUA: -- today.
CHARLIE ADELSON: My office or weston?
CHARLIE ADELSON: My office or weston?
KATHERINE MAGBANUA: I'm saying, yeah, it's gonna be impossible because I have --
CHARLIE ADELSON: Either one.
KATHERINE MAGBANUA: -- to get the kids today.
CHARLIE ADELSON: what time do you pick the kids up?
KATHERINE MAGBANUA: Like around before six.
CHARLIE ADELSON: Before six?
KATHERINE MAGBANUA: Yeah, I don't have to be there until six, but I usually leave like five, 5:30
(inaudible).
CHARLIE ADELSON: There's no way to come up and see me before six o'clock today?
KATHERINE MAGBANUA: No, because I'm here, I have -- I have like Cinaudible).
CHARLIE ADELSON: Are you at work?
KATHERINE MAGBANUA: Yeah, of course, every day.
CHARLIE ADELSON: All right.
KATHERINE MAGBANUA: what do you think I do with my life? Unfortunately, money doesn't grow on trees.
CHARLIE ADELSON: Oh, I thought it did.
KATHERINE MAGBANUA: No, I wish, but yeah.
CHARLIE ADELSON: All right. So --
KATHERINE MAGBANUA: Anyways, I don't think it's the best idea regardless.
CHARLIE ADELSON: You're talking to me or someone else?
KATHERINE MAGBANUA: Huh? Yeah, I'm talking to you.
CHARLIE ADELSON: All right.
KATHERINE MAGBANUA: I really don't. (Inaudible). I don't think it is. You still haven't heard from these people, right?
CHARLIE ADELSON: what's that?
KATHERINE MAGBANUA: You still haven't heard from these people?
CHARLIE ADELSON: well, they came by on Monday.
KATHERINE MAGBANUA: No, you haven't heard from them
(inaudible).
CHARLIE ADELSON: No, I'll put another call in to them.
KATHERINE MAGBANUA: No, don't worry about it.
CHARLIE ADELSON: No, no, no.
KATHERINE MAGBANUA: They're not even --
CHARLIE ADELSON: No, no, no --
KATHERINE MAGBANUA: -- responding to you. It's weird.
CHARLIE ADELSON: Yeah, it's really fucking weird. The other choice is I would say the Cinaudible). Anyway, I mean, it's got the pool, it's got the food, it's got music. It's livelier anyway.
KATHERINE MAGBANUA: All right.
CHARLIE ADELSON: So call them up, find out what it is, and I got you.
KATHERINE MAGBANUA: No, it's not that.
CHARLIE ADELSON: Got it. That's fine. I totally forgot about -- not forgot. I did call them yesterday. I'll put another call today just to tell them that I'm touching base before I --
KATHERINE MAGBANUA: Yeah, but I was just telling you before, I don't think that's like a good idea regardless, it wouldn't be a good investment.
CHARLIE ADELSON: Oh, I see what you're saying.
KATHERINE MAGBANUA: Yeah. Because I'm not looking into some properties, and then I was like, I was asking how -- how -- I was asking him, I was like, oh, do you think that would be a good investment? And he's like, no, that's like really stupid. You should really use your head. And I'm like, okay, thanks for the advice.
CHARLIE ADELSON: All right. I got what you're saying.
KATHERINE MAGBANUA: It's -- but he is going to look into a couple of things, a couple of properties regarding that, and find out what's going on. And then I guess we'll go -- I'll go from there. Because, you know, you can't just jump into like stuff you don't even know.
CHARLIE ADELSON: You can't jump into a property you don't even know.
KATHERINE MAGBANUA: Exactly. Like --
CHARLIE ADELSON: Is it --
KATHERINE MAGBANUA: -- is he going to like it? You know, how is the security going to be? And, you know, is it going to be first, last, and security, or there's a lot going into it. So I'm trying to do the research for that.
CHARLIE ADELSON: Find out, because usually when these properties come up, I mean, they announce it to everybody.
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: You can't just have it --
KATHERINE MAGBANUA: But then I don't think that's the case. Like I feel like they -- like it was posted incorrectly. And it's just like, you know, some people bite, some people don't.
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: So it's like, you know, you throw out a fish in there and you see who bites. They're fishing.
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: You throw the chum out, you Know, they're all going to come out.
CHARLIE ADELSON: Yeah. You throw the chum and a bunch of fish come and they like jump on it. I mean, I kind of think that --
KATHERINE MAGBANUA: Yeah, but for the pricing, it's like it was absurd. So it's -- you know, it's unaffordable.
CHARLIE ADELSON: Way, way too high of a pricing; right?
KATHERINE MAGBANUA: Yeah, of course. That's crazy.
Like who pays that much?
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: TI mean, if they really wanted to get something, like they would -- they would afford it -- they would be able to afford it, you know.
CHARLIE ADELSON: Hang on one second. Danny's got to ask me a question. Danny, go ahead. Sorry about this, dude. It's an important call. what's up?
AUDIO RECORDING: (Inaudible).
CHARLIE ADELSON: All right. Did I shortchange you? (Inaudible). Right. And I gave you one Cinaudible) yeah, I left the check up. Yeah, yeah, I left the check up here. Hold on one sec. Muchos gracias, Danny. Al11 (inaudible). Right.
AUDIO RECORDING: You need to check this, too, this one and this one.
CHARLIE ADELSON: which one? which is better? You know, the (inaudible). It's the same shit. You're gonna replace it in three years anyway, right? Get the one for 89.
AUDIO RECORDING: (Inaudible).
CHARLIE ADELSON: Yeah, I think I need five for the house. Five (inaudible).
AUDIO RECORDING: (Inaudible).
CHARLIE ADELSON: Okay. You want me to give you your check today?
AUDIO RECORDING: (Inaudible).
CHARLIE ADELSON: Okay. Let me know when you do it and I'1l1 get your check.
AUDIO RECORDING: (Inaudible).
CHARLIE ADELSON: Do you have to pressure-clean first to get the dirt off? You just paint over the top?
AUDIO RECORDING: (Inaudible).
CHARLIE ADELSON: Okay. (Inaudible) Yeah. Okay. Okay. Hang on. Okay. And then paint it because we can't take it out and you have to put a power pressure washer 947, plus tax Cinaudible). Yeah, no problem.
KATHERINE MAGBANUA: I have to get a shake from
(inaudible).
CHARLIE ADELSON: Okay. Perfect. Thank you, Danny. Okay. Hey.
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: Okay. But, yeah, you know, just -- it was just crazy that these -- it's so nice that you're in real estate now.
KATHERINE MAGBANUA: Yeah, I know.
CHARLIE ADELSON: It's just so crazy --
KATHERINE MAGBANUA: Like it's giving me a lot more knowledge about everything, so --
CHARLIE ADELSON: No, it's -- real estate's a great, great profession. I mean, honestly, it's one of those things, the sky's the limit. You get in with the right people and start getting the right stuff, and you can do extremely well.
KATHERINE MAGBANUA: Yeah, I'm learning as I go. I mean, I'm thinking -- like I go home and I do -- you know, my research and stuff about things, and then like I try to ask advice, too, you know, like coming from somebody else's point of view. Like, okay, so like if somebody was to offer this amount of money, like, you know, I start looking at the listings, I start looking at like possible scenarios or locations somebody could be at, and then, you know, hopefully I have a lead.
CHARLIE ADELSON: Which -- was someone shocked that that listing came up?
KATHERINE MAGBANUA: Of course, especially for that amount.
CHARLIE ADELSON: Well, it’s that amount and that location.
KATHERINE MAGBANUA: And it's like -- it's -- it's -- it's -- it's not -- it's not an amount that like -- like somebody would just put out, like, you know? Like these are worth like million-dollar houses that --
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: Like it would have been more.
SO --
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: I just don't want any false like, you know, leads, so it will waste my time.
CHARLIE ADELSON: But -- but you don't think alarm bells went off everywhere?
KATHERINE MAGBANUA: Not that I know of, because it's like, if it was -- if the person was very interested about it and knew like a lot about the property --
CHARLIE ADELSON: Right.
KATHERINE MAGBANUA: -- it would have been a totally different story. It would have been a done deal and like things would have been fine then, you know. It would have been over with. But --
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: -- it seems to be -- it's one or two scenarios, which, like I said, I'm trying to figure out right now. Since I'm still new, you know, I'm still trying to figure out how to --
CHARLIE ADELSON: Because the thing is, that property came with a full listing, like it came with the --
KATHERINE MAGBANUA: Yeah, with all the information --
CHARLIE ADELSON: With all the information.
KATHERINE MAGBANUA: You get all of that stuff in MLS, you know, you get all the information and the demographics of everything.
CHARLIE ADELSON: So --
KATHERINE MAGBANUA: But then again, you can have a listing everywhere. Everything is possible.
CHARLIE ADELSON: Yeah, I mean, you can -- it's crazy. It's like, I mean, it came with everything but pictures.
KATHERINE MAGBANUA: well, that's Cinaudible).
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: You can't have pictures for everything.
CHARLIE ADELSON: Yeah. No, they always post pictures.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: But anyway --
KATHERINE MAGBANUA: So let me find out first regarding the property and then we'll go from there.
CHARLIE ADELSON: To be very honest with you, I'm not very interested in buying the property. I think you buy a property like that, it becomes -- this is the thing. You buy a property like that, like that duplex that you're talking about --
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: -- it just becomes a headache for life. Because --
KATHERINE MAGBANUA: Yeah, but then it's like --
CHARLIE ADELSON: (Inaudible).
KATHERINE MAGBANUA: But you don't want to get stuck either in a situation where it's like it's a false advertisement.
CHARLIE ADELSON: Oh, yeah.
KATHERINE MAGBANUA: And then --
CHARLIE ADELSON: It could be -- listen, it could be one of two things, and this is what happens when stuff doesn't hit the MLS first. Okay? And it's called like a pocket listing, meaning that someone's able to list the real estate beforehand.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: But what ends up happening is, is that, okay, say you get that property and it's a great deal and everything. It becomes a -- you get the wrong people in there, it becomes a problem for life. I've had this with other properties.
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: Okay? It becomes lots of excuses and then they move in, and then the next thing you know -- let's see even if --
KATHERINE MAGBANUA: It's a big headache.
CHARLIE ADELSON: Yeah, they --
KATHERINE MAGBANUA: (Inaudible) somebody's going to keep increasing the amount.
CHARLIE ADELSON: Exactly. And then what happens is they tell you, I want to pay this for the rental property, or, I want to pay that for the rental property. And you're like --
KATHERINE MAGBANUA: Yeah, but Cinaudible) that's not the case. That's the problem. If that's not the case for the client, then do you know if -- that's what I'm saying, there's always false leads. we get people that like, oh, they'll call and then, oh, yeah, well, okay, I don't really need it. And it's like you've done all this legwork for nothing.
CHARLIE ADELSON: well, I think it's one -- it's without a question, it's one of two things. It's either a false lead, someone just wasting your fucking time, or you get the wrong tenant in there with the rental property, and it goes ahead and it becomes -- you know, let's say even they move out. Let's say they take a little vacation.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: Next thing you know -- so you don't know because you're not at the property all the time.
KATHERINE MAGBANUA: Of course.
CHARLIE ADELSON: And their little cousin, while they're on vacation, is like --
KATHERINE MAGBANUA: Moves in and --
CHARLIE ADELSON: Moves in, and is like, hey, guess who I am, da, da, da, da, da. And the next thing you know, his friend shows up and says, hey, guess who I am, I need this. And they're constantly breaking things and they're constantly knock -- you know, knocking at your door to fix things, and it becomes -- they will never --
KATHERINE MAGBANUA: A burden.
CHARLIE ADELSON: -- ever -- they will -- it will be like a leech that never leaves you.
KATHERINE MAGBANUA: Yeah. well, hopefully that's not -- that's not the case. That's why I need to get everything clarified first. That's why I do all the background checks and everything, make sure like a person really does want it before I even go forth of, you know, trying to look at the property for them, or else I'm just -- I'm going around and around for nothing.
CHARLIE ADELSON: I mean, that's honestly -- that's why these things also are done with contracts. And you've got to have a contract attorney look over them, and then you buy them. And then after the property's bought, the property's bought. You know, there is no like, oh, by the way, I know I -- I know I agreed to pay you X, but I'm going to come to the closing and I'll give you half. No. If you say you're going to do something, you fucking do it.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: You know, if you say you're going to pay rent, you pay rent. If you say, I'm going to buy this building for $50,000 or whatever, or a million dollars -- let's say you're going to buy a building for $10 million. Okay?
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: If you're buying a building for ten million, you don't show up at closing and go, hey, I decided I'm going to give you one million.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: And that's it. Like, it's just, you know, you're just getting --
KATHERINE MAGBANUA: I mean, I did make a couple of phones calls like last night to find out if -- if this was a good deal, and then 1I'11 find out more, because like I said, I don't want anybody to get taken advantage of, and especially Cinaudible) so --
CHARLIE ADELSON: Well, you've got to -- you've got to look at the pocket listings. It's good that you're in real estate. Just -- just be careful, because I'm telling you, if you buy the wrong rental property, like the one that I had in Miramar --
KATHERINE MAGBANUA: — Uh-huh.
CHARLIE ADELSON: -- these people are such a fucking pain in the ass. They got nothing but excuses. They fuck you over every chance they get. By the way, did I tell you I've had to kick everybody out of the Miramar property? Everybody but that old guy Leonard.
KATHERINE MAGBANUA: Oh, he's the only one who stayed?
CHARLIE ADELSON: That Miramar property?
KATHERINE MAGBANUA: Yeah, yeah, yeah.
CHARLIE ADELSON: The one that had Cinaudible).
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: Cinaudible) -- they all -- one fucking lady didn't pay me for nine months and then files with the court she wants an extension to live there.
KATHERINE MAGBANUA: Yeah, because they can do that.
CHARLIE ADELSON: She can, and then they fucking told her to get fucked Cinaudible).
KATHERINE MAGBANUA: Yeah, it all depends on what, you know, housing. Where is this girl with the freaking thing? Cinaudible).
CHARLIE ADELSON: So now I have it as a halfway house.
CHARLIE ADELSON: So I had someone I know through my Russian partner, they basically just pay me a flat rate and there's like fucking six people living in this apartment at the halfway house.
KATHERINE MAGBANUA: You have it as a halfway house now?
CHARLIE ADELSON: Basically, it's Leonard plus the halfway house. People were such a fucking -- each one is going to stop paying rent. Katie, I was getting zero rent there except for the 400 bucks from Leonard a month ago.
KATHERINE MAGBANUA: Yeah, that was ambitious. I was trying to go up to Cinaudible) but they weren't around.
CHARLIE ADELSON: No, I know. That's why I went there once and I'm like, it's not going to be -- I don't want you wasting your time. You're better off doing the other real estate stuff, but I think, you know, honestly you need to get your real estate license.
KATHERINE MAGBANUA: I think that would be good. I'm actually pretty good at this. I'm just learning. It's just Cinaudible) but I have to do basically a lot of footwork, but yeah, hopefully in the long Cinaudible) you know how I am with work. I become a workaholic so --
CHARLIE ADELSON: No, I think getting your real estate license is a smart thing.
KATHERINE MAGBANUA: Yeah, but the competition out there is (Cinaudible).
CHARLIE ADELSON: The competition is fierce. I mean, you're hot, which helps. You're also bilingual, which helps. But yeah, the hustle is -- but it's also you make the right connections, you know the right people.
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: And you can make bank --
KATHERINE MAGBANUA: That's where you come in.
CHARLIE ADELSON: -- bank. That's true.
KATHERINE MAGBANUA: I do. I have to make phone calls to especially people that I know that like would, you know, would need help. Somebody always needs a property, especially somebody -- like I have all of these expired Cinaudible) where I'm looking up all this stuff. And I take pictures Cinaudible) you can make a fortune off them because these people are desperate.
CHARLIE ADELSON: well, look at -- look around. Like I said, I mean, if you need someone to lend you money to help you out, I don't -- I don't mind helping you out.
KATHERINE MAGBANUA: I know. Okay.
CHARLIE ADELSON: Yeah, I mean, obviously there's a limit, but whatever you -- whatever can help you out. But am I -- hey, am I going to -- I want to see you at some point. I know you're slammed today.
KATHERINE MAGBANUA: — Uh-huh.
CHARLIE ADELSON: So I could get you that good luck bonsai tree if you want.
KATHERINE MAGBANUA: Oh, okay. That would be good luck for my office.
CHARLIE ADELSON: For your little desk.
KATHERINE MAGBANUA: (inaudible).
CHARLIE ADELSON: I'm at that office on Federal and Commericial, not Ross, but that other lady Cinaudible) all day tomorrow if you want to run up. It's right by Sully's shop.
KATHERINE MAGBANUA: Oh, okay. Okay. Oh, by the way, like I do like the other one (inaudible). I guess he went to the reasonable price, which is good.
CHARLIE ADELSON: Okay.
KATHERINE MAGBANUA: (inaudible) Got new tires and everything. All I need to do is like a tune-up because I was like Cinaudible).
CHARLIE ADELSON: So it wasn't the tranny.
KATHERINE MAGBANUA: No, no, not for mine. Mine for sure is the timing Cinaudible). If that thing breaks down on me, I'm screwed.
CHARLIE ADELSON: Yeah, what is his -- I mean, the thing is that, that it's a nice big car. It's nice on the inside, nice on the outside. I mean, hopefully after the tranny's done, it'll be good for another couple years.
KATHERINE MAGBANUA: Okay. (Inaudible). No, I need it to last until (inaudible).
CHARLIE ADELSON: Pretty much. I mean, worse case scenario, you put a motor in it. (inaudible). I mean, I know my parents put like five or six thousand dollars into Sully's place.
KATHERINE MAGBANUA: Yeah, yeah.
CHARLIE ADELSON: My parents put five into it like so (inaudible).
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: All right. So you think you can come by and see me tomorrow or --
KATHERINE MAGBANUA: Yeah, yeah. But today I'm super slammed.
CHARLIE ADELSON: That's cool. Print out more of those -- those --
KATHERINE MAGBANUA: The listing.
CHARLIE ADELSON: -- the multiunit family property that I wanted to look at. And if it's just a pocket listing, I don't know how to investigate it but don't -- don't print out any pictures or anything. I'm not -- I'm not that excited. I just need to make sure that we're dealing with good people.
KATHERINE MAGBANUA: No, no.
CHARLIE ADELSON: A lot of times, you end up with a fucking another Miramar property Cinaudible).
KATHERINE MAGBANUA: Yeah, yeah, which is a big headache. Okay. I'll look up stuff for you.
CHARLIE ADELSON: All right. Look up stuff, print it out, have a great day at work.
KATHERINE MAGBANUA: Okay. Your price range?
CHARLIE ADELSON: A poor white man like me, I ain't got no money. what you talking about, willis?
KATHERINE MAGBANUA: Well, I'll look at some stuff around the Miami area or --
CHARLIE ADELSON: People in Miami are so friendly. How do I say no to Miami?
KATHERINE MAGBANUA: I know.
CHARLIE ADELSON: You know -- Cinaudible) and I've been practicing my Spanish.
KATHERINE MAGBANUA: There you go (inaudible) .
CHARLIE ADELSON: I mean, I can -- I can say hola, I can say shalom motherfuckers.
KATHERINE MAGBANUA: Shalom is not Spanish, honey.
CHARLIE ADELSON: I know, but it's universal.
KATHERINE MAGBANUA: why Cinaudible). Okay, okay. I got to go.
CHARLIE ADELSON: (Inaudible). See you tomorrow.
KATHERINE MAGBANUA: All right, bye.
(Audio recording concluded.)
MS. CAPPLEMAN: This will be a good time for a comfort break, Judge.
JUDGE EVERETT: Very well. Members of the jury, the bailiff will take you to the jury room. we'll resume with testimony at 10:30.
(Jury exists courtroom.)
JUDGE EVERETT: Everyone can be seated.
If you need to use the restroom or stretch your legs, please do so at this time.
Bailiffs, if you please can take Mrs. Adelson to the restroom if she needs it.
(Court in recess.)
JUDGE EVERETT: You can be seated. Are the jurors ready?
BAILIFF: A few are using the bathroom.
JUDGE EVERETT: Okay.
(Pause. )
BAILIFF: Are you ready, Judge?
JUDGE EVERETT: Yes. Are they ready back there? Bring them in.
(Jury enters courtroom.)
JUDGE EVERETT: Everyone can be seated.
You may continue with the examination.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. So we just heard a lengthy call between Charlie and Katie with a lot of property and tenant talk. Does Charlie Adelson then talk to Donna Adelson?
PATRICK SANFORD: He does.
MS. CAPPLEMAN: About how long after the call with --
PATRICK SANFORD: Close to an hour after the last call, he calls Donna Adelson.
MS. CAPPLEMAN: All right. Publish Call K, please.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
DONNA ADELSON: Hey, Charlie.
CHARLIE ADELSON: Hey, how are you?
DONNA ADELSON: Good, how are you?
CHARLIE ADELSON: Good, good. I'm actually running late to the office but I'm getting gas and then --
DONNA ADELSON: Okay.
CHARLIE ADELSON: -- I'll probably be in -- what do you call it -- I'll be at the office and then I'm going to go to weston. And then whatever time I get done with weston, I mean, if Dad wants to meet me, he can. If not, I don't Cinaudible).
DONNA ADELSON: Weston, you might get out late? Is that what you're thinking?
CHARLIE ADELSON: TI don't know what time I'll get out, no, but I'm always happy to see Dad if he wants to grab dinner.
DONNA ADELSON: Yeah, I just thought he might, you know, want to get a bite with you, but...
CHARLIE ADELSON: well, if he wants to, I'm happy to see him. I -- I saw a lot of police everywhere --
DONNA ADELSON: Okay.
CHARLIE ADELSON: -- giving traffic tickets today, so be careful.
DONNA ADELSON: Okay, I definitely will.
CHARLIE ADELSON: But anyway, that's -- that's what I think it is without a question for multiple reasons.
DONNA ADELSON: Really?
CHARLIE ADELSON: Multiple, multiple, multiple reasons.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: So I never got a chance to do the return at -- at Macy's that you gave me the stuff for yesterday. I just ran out of time.
DONNA ADELSON: Oh, okay.
CHARLIE ADELSON: Yeah, I may have to give you -- yeah, I may have to give you the, what do you call it, give it back to you Cinaudible).
DONNA ADELSON: Okay, and let me -- I can just --
CHARLIE ADELSON: You can just keep it. I mean, it's not that valuable anyway.
DONNA ADELSON: Yeah, yeah, we can do that.
CHARLIE ADELSON: But, anyway, if Dad wants to see me and grab a bite, that's cool.
DONNA ADELSON: well, it's like, you know, I know you had those cases at the office that you wanted to talk to him about. So if, you know --
CHARLIE ADELSON: Listen --
DONNA ADELSON: -- if you (inaudible).
CHARLIE ADELSON: -- if he wants to meet me for dinner --
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: -- I'm always happy to see him for dinner.
DONNA ADELSON: Okay.
CHARLIE ADELSON: It's up to him. And he can come by my house and I'll go get something to eat with him.
DONNA ADELSON: Oh, that sounds -- that sounds like a plan. So why don't you let him know how you're doing at your second office and then, you know, give hima heads-up and then maybe he'll come up and go out for a bite with you.
CHARLIE ADELSON: Yeah, but I wouldn't leave South Beach until after 7:00. Traffic is horrible.
DONNA ADELSON: Oh, yeah, absolutely. Absolutely. But you don't know what time you're going to get out from your second --
CHARLIE ADELSON: It shouldn't be too late. I mean, I think if Dad comes over at 8:00, that will be fine.
DONNA ADELSON: Oh, that's perfect actually because wendi is taking -- wendi and some of the ladies and the mothers from (inaudible) B.A.'s class, it's her birthday today, the teacher. So they're taking her to Red Ginger today for dinner.
CHARLIE ADELSON: Oh, nice.
DONNA ADELSON: And that way she can go. So wendi asked could I bring the boys to her house and put them to sleep, because she's going to go straight from work. So she probably won't get out -- she probably won't get out of there for a while. So that would be good. Dad can have dinner with you at least and then, you know, I could stay with the boys and put them to sleep.
CHARLIE ADELSON: All right, fine. Tell --
DONNA ADELSON: Okay.
CHARLIE ADELSON: -- tell dad to leave Miami at 7:30.
DONNA ADELSON: At 7:30? Okay. I'll tell him. That's perfect, then.
CHARLIE ADELSON: At any other time, honestly, you're going to hit traffic.
DONNA ADELSON: Yeah, okay. That sounds good. That sounds good.
CHARLIE ADELSON: All right.
DONNA ADELSON: See you later. Love you, honey.
CHARLIE ADELSON: All right, sounds good.
DONNA ADELSON: Bye.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Is there a call later that evening between Charlie and Harvey setting up this dinner?
PATRICK SANFORD: There is.
MS. CAPPLEMAN: Did the dinner occur?
PATRICK SANFORD: It did.
MS. CAPPLEMAN: where did it occur?
PATRICK SANFORD: It occurred at the restaurant called Matsuri.
MS. CAPPLEMAN: Let's skip Call L and publish Matsuri Exhibit 133, please.
(video recording published in open court. This transcript should not be considered a verbatim record of those 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 recording begins:)
CHARLIE ADELSON: Where is your proof?
HARVEY ADELSON: Yeah.
CHARLIE ADELSON: There is none.
HARVEY ADELSON: Yeah.
CHARLIE ADELSON: You can say it all day long. I can even tell you in a giant stadium.
HARVEY ADELSON: Yeah.
CHARLIE ADELSON: That's it.
HARVEY ADELSON: Yeah.
CHARLIE ADELSON: All day long. It's not done like that. And the funny thing is, they wouldn't want --
(inaudible).
HARVEY ADELSON: I know they wouldn't talk to her (inaudible). I was -- I was surprised they didn't come to me.
CHARLIE ADELSON: One or the other.
HARVEY ADELSON: what?
CHARLIE ADELSON: One or the other, but the woman is usually the weaker source, you know, someone that's going to give in. (Inaudible).
HARVEY ADELSON: I spoke (inaudible).
CHARLIE ADELSON: Yeah, so that's -- that's where we're at. I think it's -- I actually think it's (inaudible). We knew at some point --
HARVEY ADELSON: Oh, yeah.
CHARLIE ADELSON: -- somebody would try to (inaudible). They have to be (inaudible). They have to --
HARVEY ADELSON: Yeah.
CHARLIE ADELSON: -- say listen, they simply asked you a question, yes or no. Someone is just going to say no. So there has to be some kind of tactic to come in to (inaudible). It's like --
HARVEY ADELSON: Yeah. It makes sense. It really does. I didn't think they were that smart.
CHARLIE ADELSON: And the funny thing is, is that (inaudible). Say, listen, 50 percent of the people want to cooperate, oddly enough.
HARVEY ADELSON: Yeah, right.
CHARLIE ADELSON: It's the attitude of all right, I'll pay. Maybe they're right. (Inaudible).
HARVEY ADELSON: Yeah.
CHARLIE ADELSON: we have to be careful.
HARVEY ADELSON: (Inaudible). Are they allowed to do that?
CHARLIE ADELSON: (Inaudible). Yeah, but (inaudible). That is really good.
(video recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Is there a call that occurs after -- after this dinner meeting?
PATRICK SANFORD: Yes, ma'am, there is.
MS. CAPPLEMAN: Okay. Is that the one we've labeled L.1?
PATRICK SANFORD: Yeah, it is L.1 1695.
MS. CAPPLEMAN: Okay. what time of day was that call made?
PATRICK SANFORD: It was made at 8:26 p.m. on the 22nd.
MS. CAPPLEMAN: Publish L.1, please.
Okay. we're going to skip that one and come back to it.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Next, I think, we have a bump letter. what is the bump letter?
PATRICK SANFORD: It was a letter that we had mailed to the Adelson residence at the -- at the Icon and it's purportedly from the undercover agent.
MR. ZELMAN: Your Honor, we can't hear Special Agent Sanford.
JUDGE EVERETT: If you can speak up, sir, please.
PATRICK SANFORD: Sorry. It's a letter to the Adelsons that we sent to the Icon purportedly from the undercover agent.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Approach and show you what's been marked as State's 84. Do you recognize State's 84?
PATRICK SANFORD: I do.
MS. CAPPLEMAN: How do you recognize it?
PATRICK SANFORD: This is the letter that we had sent along with the envelope to the Adelson residence.
MS. CAPPLEMAN: Move into evidence State's 84.
JUDGE EVERETT: Is there objection?
MS. FULFORD: No objection.
JUDGE EVERETT: State's 84 is admitted.
(State's Exhibit 84 received in evidence.)
MS. CAPPLEMAN: May I publish?
JUDGE EVERETT: You may.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Can you read what the letter said?
PATRICK SANFORD: Yes. It says, "My phone is not ringing so you don't care about Tato and what he did for you. He knows he is fucked and soon so will you.”
MS. CAPPLEMAN: All right. So this point in time where we are in the wire, that's when the letter was mailed or that's when the +letter was received?
PATRICK SANFORD: It was mailed, I believe, on the 23rd.
MS. CAPPLEMAN: Okay. And then I want to skip ahead to April 25th of 2016. Tell us about Call M.
PATRICK SANFORD: It's a call from Charlie Adelson to Katherine Magbanua at 7:04 p.m.
MS. CAPPLEMAN: Publish Call M, please.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: Hey, you on your way?
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: Okay. Cool. I'm going to be at the Icon, which is when you come over 395, it's right there in the -- you know which building the Icon is; right?
KATHERINE MAGBANUA: That's all the way in South Beach; right? Like --
CHARLIE ADELSON: Yeah, it's --
KATHERINE MAGBANUA: -- that's fucking far.
CHARLIE ADELSON: -- when you come over --
KATHERINE MAGBANUA: Like it's a lot of driving down there. You can't go a little bit more up north, just a little north anyway?
CHARLIE ADELSON: Iwill. I'm just -- I will. I'm just -- I'm standing outside. I was talking to my parents about everything.
CHARLIE ADELSON: I was just talking to my parents about my day. I'm standing -- I'm standing out --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: No, I was talking to my parents about my day.
KATHERINE MAGBANUA: Oh, okay.
CHARLIE ADELSON: So that --
KATHERINE MAGBANUA: (Inaudible) because it's like I had to just like jet out of my homegirl's house, like --
CHARLIE ADELSON: I know. we're --
KATHERINE MAGBANUA: -- like (inaudible) worried about me every single two seconds.
CHARLIE ADELSON: Of course. But I'd rather -- where are you now?
KATHERINE MAGBANUA: I'm on Biscayne.
CHARLIE ADELSON: All right. Just -- just do me this one favor, just come down here.
KATHERINE MAGBANUA: Okay. Is everything okay?
CHARLIE ADELSON: Yeah. I just want you to come down here so I can see you. TI mean, you're already in the car. It's on the -- the Icon is on the corner of Fifth and Alton. It's that -- it's that big building where you -- as soon as you're on Alton and you cross over Fifth, on your right-hand side.
KATHERINE MAGBANUA: Okay. We can't meet anywhere else besides that?
CHARLIE ADELSON: I can get in my car and start trying to find you, but then we've got to drive and park and -- I'd rather you just come over here.
KATHERINE MAGBANUA: I know, but that is like the heart of South Beach, like it's kind of stupid for me to go all the way down there.
CHARLIE ADELSON: You're -- okay. I'11l get in my car in five -- in five minutes, I'll -- start heading this way and I'll get in my car and then I'll -- and then I'll meet you somewhere in like 15 minutes. I still need to talk to my parents for another five minutes and then I'm going to leave them and then I'm going to come find -- come to wherever you are. Still keep heading south.
KATHERINE MAGBANUA: Yeah, I'm heading -- I'm heading down south. I'm on Biscayne heading down south.
CHARLIE ADELSON: what's your cross street?
KATHERINE MAGBANUA: I'm like on 82nd right now.
CHARLIE ADELSON: On 82nd?
KATHERINE MAGBANUA: Yeah. I -- just give me a call when you get jin the car.
CHARLIE ADELSON: Okay. I'11l give you a call and see where you are and I'll start heading up north.
KATHERINE MAGBANUA: You don't get it when I call you through whatsApp?
CHARLIE ADELSON: Sometimes I do, sometimes I don't. I'l] put my ringer -- I don't know if -- let me see if my phone was on vibrate.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: (Inaudible). Okay.
(Audio recording concluded.)
MS. CAPPLEMAN: All right. And then next we have Call N about 30 minutes later. Publish N, please.
(Audio recording published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
KATHERINE MAGBANUA: Hello.
CHARLIE ADELSON: Hey.
KATHERINE MAGBANUA: Like, do I just walk on the boardwalk? I don't know what --
CHARLIE ADELSON: Where are you right now?
KATHERINE MAGBANUA: I parked in the visitors. I don't even know if that's like where I'm supposed to park.
CHARLIE ADELSON: At Monty's?
KATHERINE MAGBANUA: No, like I went all the way down, like Cinaudible).
CHARLIE ADELSON: I think you passed the (inaudible). Oh, do you see them walking? There's someone wearing a red shirt.
KATHERINE MAGBANUA: Yeah, like it's a whole group of them. Do you want me to go to Monty's?
CHARLIE ADELSON: Like by the marina?
KATHERINE MAGBANUA: You want to go to Monty's?
CHARLIE ADELSON: I'm standing by the boats in green scrubs.
KATHERINE MAGBANUA: Oh, I see you. I'm behind you, okay. I'm walking --
CHARLIE ADELSON: Are you behind me?
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: I don't see you.
KATHERINE MAGBANUA: I'm going to turn right now. There's no parking because I went in the parking garage.
CHARLIE ADELSON: Oh, okay. I see you. Bye.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. Is there a meeting that takes place in person?
PATRICK SANFORD: There is.
MS. CAPPLEMAN: And was there any surveillance conducted on that meeting?
PATRICK SANFORD: No, we were unaware of the meeting going to take place because it was conversation on some other platform. It appeared to be WhatsApp, according to Katie. She said -- asked him if he was -- if he could answer her on WhatsApp. So apparently, they would have another conversation. we didn't know about the meeting until it was too late. we couldn't get down there in time.
MS. CAPPLEMAN: All right. And is there a call that takes place after this meeting?
PATRICK SANFORD: There is.
MS. CAPPLEMAN: Is that N.1?
PATRICK SANFORD: It is.
MS. CAPPLEMAN: Tell us about that exhibit.
PATRICK SANFORD: It's a call from Charlie to Donna Adelson and it's at 10:48 p.m. so it's the night of when he's meeting at Monty's with -- with Katherine. It's after that meeting.
MS. CAPPLEMAN: After Charlie and Katie meet at Monty's?
PATRICK SANFORD: Correct. Katie and Charlie meet at Monty's. And when Charlie is leaving, he makes this call to Mrs. Adelson.
MS. CAPPLEMAN: Okay. Publish N.1, please.
(Audio recording published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
DONNA ADELSON: Hey, Charlie.
CHARLIE ADELSON: Hey, how are you?
DONNA ADELSON: Good. where are you?
CHARLIE ADELSON: Sorry, I just went for a walk on the pier.
DONNA ADELSON: Okay.
CHARLIE ADELSON: Walked around so I'm just getting in my car now.
DONNA ADELSON: Oh, okay.
CHARLIE ADELSON: Are you still at wendi's place?
DONNA ADELSON: Yeah, she -- she usually comes home around 10:00 but she went out looking to go to get a drink. She drove to get a neighbor of hers that's been asking for a year to introduce her to some people. So you're walking from --
CHARLIE ADELSON: Yeah, I'm at the valet right now.
DONNA ADELSON: Oh, you're at the valet. Okay, at the Icon valet.
CHARLIE ADELSON: Yeah.
DONNA ADELSON: Okay. Can you talk or --
CHARLIE ADELSON: Yeah, if you want to, do you want me to drive by wendi's place and one of you can come down?
DONNA ADELSON: Yeah, drive by wendi's place and dad will go downstairs and meet you at the Cinaudible) he'll meet you at the gate.
CHARLIE ADELSON: Hold on one second. How are you doing? (Inaudible).
DONNA ADELSON: Okay.
CHARLIE ADELSON: (Inaudible). 1'11 show you which one. (inaudible) that's it. Thank you. Yeah, I can.
DONNA ADELSON: Meet dad by the gate downstairs, the entry gate or do you want to actually come -- come in?
CHARLIE ADELSON: No, no.
DONNA ADELSON: He'll go downstairs now and he'll wait by the -- by the gate.
CHARLIE ADELSON: By the gate out front?
DONNA ADELSON: Yeah, so instead of pulling into the gate, make -- instead of pulling into the gate, make a U-turn so you're going like -- so you can just kind of like park on the street -- side street there and dad will wait right there.
CHARLIE ADELSON: All right. So you're talking about by the side gate, right? Not the main gate, but the side of that faces like right there Cinaudible).
DONNA ADELSON: Oh, you mean that door? You mean that door --
CHARLIE ADELSON: Yeah.
DONNA ADELSON: The door, it has -- it has an awning over it.
CHARLIE ADELSON: Yeah, the metal gate on the side.
DONNA ADELSON: You want me to go down? Okay. So -- okay. If wendi comes home, what are you gonna say to her? Charlie was in the area, just Cinaudible) just went down to say hello. Okay.
CHARLIE ADELSON: Okay.
DONNA ADELSON: Yeah. Harvey, you'll meet me by the car -- by our car. Just call me and tell me you're coming down if wendi comes along. Oh, yeah, Charlie -- you want Charlie to drive you back?
HARVEY ADELSON: (inaudible).
DONNA ADELSON: No, it doesn't matter.
CHARLIE ADELSON: Did you guys walk there or you drove there?
DONNA ADELSON: No, we drove. (inaudible) I'll go upstairs and I'll beep you up.
HARVEY ADELSON: TI need the car keys.
DONNA ADELSON: Oh, yeah, the car keys. (Inaudible). He'll drive back. (Inaudible). And I'll meet you -- I'll meet you downstairs by the green awning.
CHARLIE ADELSON: Okay. On the side?
DONNA ADELSON: On the side and then you'll drive me back to the Icon. Okay. I'm going to go downstairs now, honey.
CHARLIE ADELSON: Okay. Sounds good. I'll head down now. I'll be there in a minute.
DONNA ADELSON: Okay. Bye.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. And shortly after this call, we have one involving June Umchinda; is that right?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Okay. Publish N.2, please.
(Audio recording 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 recording begins:)
DONNA ADELSON: How are you?
JUNE UMCHINDA: I'm good. How are you?
DONNA ADELSON: I'm good. I'm sorry, we're keeping him way too long. I promise I will send him home in one piece very soon.
JUNE UMCHINDA: It's fine. (Inaudible).
DONNA ADELSON: Hold on one second.
CHARLIE ADELSON: I'm sorry, I started calling you like ten minutes ago.
JUNE UMCHINDA: No, it's fine. Just Cinaudible).
CHARLIE ADELSON: Really, I'm going to call you again in ten minutes.
JUNE UMCHINDA: It's okay.
CHARLIE ADELSON: I've got a bunch of things at the office going on I'm trying to sort out. It just became a bigger deal than I thought it would. Keep your phone with you, though, okay?
JUNE UMCHINDA: Just call me when you can later, okay?
CHARLIE ADELSON: All right. Keep your ringer on.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. So I want to jump to the next day, April 26, 2016, Call 0, please. And we're going back to Garcia and Magbanua here?
PATRICK SANFORD: That's correct. The last call was at 11:00 o'clock at night. This call was at 9:48 a.m. the next day.
MS. CAPPLEMAN: Publish O, please.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins:)
KATHERINE MAGBANUA: Hello?
SIGFREDO GARCIA: what's going on?
KATHERINE MAGBANUA: (Inaudible) but did you (inaudible) give Ethan extra money or something for his field trip?
SIGFREDO GARCIA: what? Of course. Don't worry about them. They're fine. He got money. He got everything he needs for his field trip.
KATHERINE MAGBANUA: All right.
SIGFREDO GARCIA: Okay?
KATHERINE MAGBANUA: I just need to talk to you, though. Okay?
SIGFREDO GARCIA: (Inaudible) what you need to talk to me about? So --
KATHERINE MAGBANUA: (Inaudible).
SIGFREDO GARCIA: (Inaudible). I mean, you Know, (inaudible) asking about you, so I want to set up a conference call or something.
KATHERINE MAGBANUA: The what?
SIGFREDO GARCIA: But, your son -- your son --
KATHERINE MAGBANUA: well, yeah, I --
SIGFREDO GARCIA: -- Cinaudible).
KATHERINE MAGBANUA: Obviously, I have to call.
SIGFREDO GARCIA: Yeah, you need to talk to --
KATHERINE MAGBANUA: All right. well --
SIGFREDO GARCIA: Don't call me back. If anything, I'll drop them off to your mom or something like that.
KATHERINE MAGBANUA: what are you talking about?
SIGFREDO GARCIA: (Inaudible).
KATHERINE MAGBANUA: No. Don't -- don't -- don't involve my mom in this kind of thing.
SIGFREDO GARCIA: You're calling my mom. You called my mom (inaudible). My mom Cinaudible). When you call her, she's --
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. when you're up on a wiretap, are you able to see text messages?
PATRICK SANFORD: Yes, we are.
MS. CAPPLEMAN: And are you able to see the content of text messages in real time?
PATRICK SANFORD: Text messages that go through the system, correct.
MS. CAPPLEMAN: Okay. And so, chronologically, we get to what we're calling P. Is that a text message?
PATRICK SANFORD: It is.
MS. CAPPLEMAN: Tell us about that text message, please.
PATRICK SANFORD: It's a text message from Katherine Magbanua to Sigfredo Garcia and it's at 9:52 a.m.
MS. CAPPLEMAN: So just a minute or two after the call we just heard?
PATRICK SANFORD: Correct. The call that just cut off, this text was sent right after that.
MS. CAPPLEMAN: All right. what's the content?
PATRICK SANFORD: It says, "Need to talk to you about something else. He was" -- sorry, that was it.
MS. CAPPLEMAN: Need to talk to you about something else. And does Garcia reply?
PATRICK SANFORD: He does reply about five minutes later.
MS. CAPPLEMAN: And what is his reply?
PATRICK SANFORD: He said, "He was. Whatever. Whatever is going on with you and your homie is your business. You guys work that shit out. Don't text me."
MS. CAPPLEMAN: And circling back to that bump letter that was sent on April 23rd to the Icon, did the bump letter arrive around this time as evidenced by the calls we're about to hear?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Okay. And in the bump letter, Tato is mentioned. I think in the original bump, Tato is mentioned. who is Tato?
PATRICK SANFORD: Tato is Luis Rivera.
MS. CAPPLEMAN: Okay. All right. Publish Call R, please.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
DONNA ADELSON: Good morning.
CHARLIE ADELSON: Hey, how are you?
DONNA ADELSON: Good. How are you, honey?
CHARLIE ADELSON: Good, good. what's going on?
DONNA ADELSON: Not a whole lot. Just picking up some things in the house. I was -- Vicki is getting me the hours, so I'm working on everybody's salaries for tomorrow. Other than that, everything is good. what about you?
CHARLIE ADELSON: Good. Do you feel better after what I told you last night?
DONNA ADELSON: Significantly.
CHARLIE ADELSON: Yeah, it makes sense, a thousand. I mean, it makes 1,000 percent sense.
DONNA ADELSON: Yeah. No, I know it does.
CHARLIE ADELSON: And I feel that's what it is. No, that's what it is.
DONNA ADELSON: And you think today those sorts of things would get taken care of?
CHARLIE ADELSON: Oh, yeah.
DONNA ADELSON: Once -- once they are, would you let me know?
CHARLIE ADELSON: Yeah. NO, no, no, trust me, I mean.
DONNA ADELSON: Please.
CHARLIE ADELSON: Well, someone gets a walk on the appointment today.
DONNA ADELSON: Right.
CHARLIE ADELSON: So, no, it's not like it's -- it's not like it's 9:00 a.m. and it's like, I've got a conference call.
DONNA ADELSON: Of course not.
CHARLIE ADELSON: I've got to call the patient anyway, SO...
DONNA ADELSON: Yeah, yeah.
CHARLIE ADELSON: But can I tell you something? The more I think about it, too, when someone writes, you don't care, you know what that sounds like? A girl.
DONNA ADELSON: Yeah, because that's girls.
CHARLIE ADELSON: You don't care.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: That's exactly how they sound. You don't care.
DONNA ADELSON: Right.
CHARLIE ADELSON: well, I've never met the person, so I don't care about people I've never met.
DONNA ADELSON: No. Have you ever gotten a note from a girl, or a girl saying to you, you don't care?
CHARLIE ADELSON: That's the first thing they say.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: That's the first thing they say, you don't care. well, guess what? I don't care about anyone I've never met.
DONNA ADELSON: Yeah, that's true.
CHARLIE ADELSON: So that's what -- that's what it was and that's why you have like a mediation where someone comes in, and they're like --
DONNA ADELSON: Right.
CHARLIE ADELSON: -- I'm just doing my job but --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: -- but that explains it all.
DONNA ADELSON: I think so, too.
CHARLIE ADELSON: Yep.
DONNA ADELSON: I think so, too.
CHARLIE ADELSON: They weren't the same person.
DONNA ADELSON: Right.
CHARLIE ADELSON: Without a doubt. It's -- I mean, listen, I know -- I actually do know how these things are done. And that was the same thing that I said, it's not done like this.
DONNA ADELSON: Yeah, right. No, that's what you explained.
CHARLIE ADELSON: It's 48 hours.
DONNA ADELSON: Yes. It's just enough time.
CHARLIE ADELSON: Listen, let me take this call real quick. I'll call you right back.
DONNA ADELSON: Go, doll. Okay. Love you.
(Audio recording concluded.)
MS. CAPPLEMAN: Publish Call S, please.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins:)
DONNA ADELSON: Hey, honey.
CHARLIE ADELSON: Hey. Dad just sent me the pictures.
DONNA ADELSON: (Inaudible). I'm talking to Charlie. (inaudible).
Charlie?
CHARLIE ADELSON: Yeah. Give me a second.
DONNA ADELSON: Hey, honey.
CHARLIE ADELSON: Hey.
DONNA ADELSON: Hi. Quick question. Did you ever -- did you ever check that phone number I gave you last night?
CHARLIE ADELSON: Yeah, everything's fine. So Dad took the day off?
DONNA ADELSON: Yes, he's not feeling well actually. He didn't go to bed until 5:30 in the morning. So going to bed at 5:30 -- I got up actually at 6:30 and he took one look at me and said, I can't. I said, no problem. He told the girls that he didn't feel well. His patients are all being seen wednesday and Thursday. And --
CHARLIE ADELSON: Hang on a second. Hang on one second.
DONNA ADELSON: Sure.
CHARLIE ADELSON: Okay. Can you take an X-ray for me? Okay. I'll be there in one minute.
Sorry, go ahead.
DONNA ADELSON: Yeah, so that was -- yeah, he can't remember a night what he didn't go to sleep until --
CHARLIE ADELSON: Yeah, no, I mean, it's --
DONNA ADELSON: He said, oh, gosh, I have a root canal to do.
CHARLIE ADELSON: That's fine. Did you tell him what I told you yesterday? I mean, it's not --
DONNA ADELSON: One hundred -- 100 percent.
CHARLIE ADELSON: I mean, does he agree? Does he agree with what I said?
DONNA ADELSON: Yeah.
CHARLIE ADELSON: I mean, it's not --
DONNA ADELSON: No, it sounds like it will be fine.
CHARLIE ADELSON: It's like, Mom, 1,000 percent. I know --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: -- I know -- listen, what you worry about is when you don't know --
DONNA ADELSON: Right.
CHARLIE ADELSON: -- who's doing something.
DONNA ADELSON: No, no. It sounds like this company usually fixes those bridges pretty quickly. So they should be --
CHARLIE ADELSON: Mom, Mom --
DONNA ADELSON: Yes.
CHARLIE ADELSON: -- listen to me. Stop with the fucking nonsense because I really don't want to come down there anymore. I need to distance myself from this.
DONNA ADELSON: Right, okay.
CHARLIE ADELSON: I mean, just hear me out and listen to me.
DONNA ADELSON: I am.
CHARLIE ADELSON: Just hear me out.
DONNA ADELSON: I am.
CHARLIE ADELSON: If you don't know who the person is, it's a much bigger problem. If you know who it is, it's very, very easy. Okay?
DONNA ADELSON: Right.
CHARLIE ADELSON: And you always -- I mean, you guys are notorious for always getting worked up over everything throughout the -- as long as I've known you. It's always been -- it's always been everything is a big deal. You've got to get worked up about everything. Everything is a huge deal. I'm just saying like it's -- so this is no different, but I'm just telling you like stop because it's not -- it's not anything more than nonsense.
DONNA ADELSON: Okay.
CHARLIE ADELSON: You know, I mean, it's -- you know, I mean, I'm just saying, like --
DONNA ADELSON: Okay.
CHARLIE ADELSON: -- you can worry about everything. You didn't do anything wrong. You didn't do anything to anybody. Somebody is fishing. Let them fish. They know, too, that you don't have nothing to do with anything. So it's not like -- you know, it's like me going to my next-door neighbor and saying, hey, I know you're whatever --
DONNA ADELSON: Okay.
CHARLIE ADELSON: -- like, okay. They'd look at me like I have three heads, you know?
DONNA ADELSON: Yeah.
CHARLIE ADELSON: I mean, that's pretty much the -- you know, pretty much the impression that -- and that's the appropriate impression is just -- if someone is talking to you about something you don't know what they're talking about, you go, I don't know what you're talking about.
So if somebody asked someone to talk to you and you told them they don't know what they're talking about, like, basically, get lost. I mean, that's the truth. You don't know. If you don't know, you don't know. If you don't know something, you don't know something. Like there's not much you can do to help that person out, unfortunately. But it's not like you do know that person and you're not helping them.
DONNA ADELSON: Okay.
CHARLIE ADELSON: If you don't know somebody, you don't know somebody. So, you know, it's like someone coming to talk to me about someone who I don't know. I just say, Dude, I don't know who you're talking about and I don't know -- fuck. Like, I mean, so I'm just saying you get worked up. It's not done like that.
DONNA ADELSON: Okay. The only thing, honey, as long as you tell me this is being taken care of, I'm fine.
CHARLIE ADELSON: Mom, it's being taken care of. The best that I know it's being taken care of.
DONNA ADELSON: I know.
CHARLIE ADELSON: But you get yourself all worked up and all fucking crazy and that has to stop. I mean, I really don't want to, you know --
DONNA ADELSON: Okay. well, I just had to talk to you; didn't I?
CHARLIE ADELSON: Yeah, but, I mean --
DONNA ADELSON: I mean, wasn't that important that I contact you?
CHARLIE ADELSON: No, I know, but you were like, Dad is not going to go to work. I mean, like --
DONNA ADELSON: well, he said he was after we spoke last night and then he never went to bed. So that was the problem.
CHARLIE ADELSON: Oh, so you get yourselves all worked up.
DONNA ADELSON: I know, I know, I know.
CHARLIE ADELSON: And it's always -- I'm just saying, it's always -- you're getting a little better in time but I'm just saying it's always, you know, all worked up.
DONNA ADELSON: I'm trying, I'm trying.
CHARLIE ADELSON: I Know where it's -- I know where it's coming from.
DONNA ADELSON: I'm not a kid.
CHARLIE ADELSON: Mom, I know, but I mean --
DONNA ADELSON: TI understand what you're saying. I totally understand what you're saying.
CHARLIE ADELSON: You don't realize -- you probably watch too many movies.
DONNA ADELSON: Probably.
CHARLIE ADELSON: But it's not like, oh, like, yeah, we'll get one of them and then the one will just start paying. That's the stupidest thing I've ever heard. It doesn't work like that.
DONNA ADELSON: Okay. Honey, you told me all this yesterday. I know. I understand what you said and I got it. I got it. I should be Cinaudible).
CHARLIE ADELSON: well, that's great. But I'm just saying, it's not like, you know, there's nothing -- there's nothing --
DONNA ADELSON: To be concerned about.
CHARLIE ADELSON: No. I mean, there isn't. There really isn't. I mean, listen, if someone wants to bother with nonsense or threats, I mean, it's not uncommon. And it's -- when you get nonsense and threats, I mean -- first of all, they don't -- they don't give you a number. I mean, everything is so traceable. It doesn't -- in a billion years -- I mean, especially in any electronics, it is extremely traceable.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: And the other thing is this, is that -- I'll let you in on a secret. People -- if someone doesn't want you to know what they look like, they wear a hat, they wear glasses, they put on a beard.
DONNA ADELSON: Right.
CHARLIE ADELSON: You know, they can -- listen, for $5 at the costume store, you can buy an Abraham Lincoln beard. You put that on.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: And you'd wear glasses and a hat like everybody else on South Beach because it's really sunny outside. So if someone would come over wearing a hat and glasses and talk to you, you can't see three-quarters of their face. And they walk around with a big, floppy hat and glasses and come by. Like, no. Like it's not -- that is not how it's done.
DONNA ADELSON: Yeah, okay. No, that's --
CHARLIE ADELSON: (inaudible). It's either a complete -- it's either complete nonsense, which it is. But if somebody asks can you go there and tell them something, that's what the guy -- that's basically what he did. I'll go there and I'll tell them something, like -- and that's why -- it's done -- it was done like that.
Otherwise, it would not be -- you know, and, listen, you didn't do anything. You didn't do anything to anybody. You didn't do anything to whoever these people are. They're not going to go through the amount of planning and stress and logistics and risk because something generally happens. I mean, like even the best laid plans --
DONNA ADELSON: Of course, I know that.
CHARLIE ADELSON: I mean, even the best-laid plans you could have, you know, there could be an off-duty officer taking his dog for a walk and he just --
DONNA ADELSON: Right.
CHARLIE ADELSON: -- just happened to come around the corner just as something happens to happen, you know. Or somebody goes to do something and as they go to turn, they tear their knee and they're laying on the floor with a torn ACL. There's a lot of risk when somebody does something, a million and one things.
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: So to do that, what's the reason? There is no reason. And that's why there is -- it's nothing that -- anyway. You know, it's nothing that you have to worry about. And it is -- it is being looked into.
DONNA ADELSON: Yeah, that's all I wanted to know.
CHARLIE ADELSON: Yeah. I mean, but it's not -- it's not like -- you Know, trust me. I mean, you've got -- you'll probably get a heart attack from some things before that happens to you.
DONNA ADELSON: Okay.
CHARLIE ADELSON: So, I mean, I'm just saying like that's probably more likely.
DONNA ADELSON: Okay, Charlie.
CHARLIE ADELSON: So I'm just -- I'm just letting you know. But I can't like --
DONNA ADELSON: No, I know, I know, I know. It's just that I don't -- believe me, I don't want you to. I won't -- I'll only let you know if there's something very important that I need to tell you.
CHARLIE ADELSON: I know, but I'm just saying --
DONNA ADELSON: And I thought -- I thought that was important enough that I needed to speak with you.
CHARLIE ADELSON: Yes, I spent my whole fucking night down there last night.
DONNA ADELSON: And it's for a reason. I know, I know.
CHARLIE ADELSON: You know, I mean, I'm just --
DONNA ADELSON: I don't -- I want you to go home and have some peace tonight. So please don't --
CHARLIE ADELSON: No, I was still planning on going down there and talking to you again. I'm just saying like it's utter nonsense.
DONNA ADELSON: Okay.
CHARLIE ADELSON: And, listen, I can tell you this --
DONNA ADELSON: Great, it's great.
CHARLIE ADELSON: -- when one of the first things somebody says is you don't care, that is a girl's writing. You don't care.
DONNA ADELSON: Yeah. Honestly, I didn't even remember what the note was.
CHARLIE ADELSON: The first thing it said was, you don't care.
DONNA ADELSON: Really? Okay.
CHARLIE ADELSON: You obviously do not care about Tato. That means that it's a girl's writing. That's it.
DONNA ADELSON: Okay, Charlie.
CHARLIE ADELSON: People don't write letters. People don't write letters. People don't show their faces. People don't give you cell phone numbers. Like, it's not done like that. It's somebody just messing around.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: Fishing, fishing.
DONNA ADELSON: TI got you, Charlie. I got you.
CHARLIE ADELSON: I'm just saying, you have to understand, if somebody was going to do something, nobody would show their face. Nobody would give you a cell phone number. Nobody would write something and put it in the mail. There is -- you know what I'm saying?
DONNA ADELSON: Yeah.
CHARLIE ADELSON: Each one of those is a huge mistake unto itself.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: When somebody does something, you'll get a -- someone gives you a visit. You won't be able to identify their face and you'll be given 48 hours.
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: That's a visit.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: Not someone like not hiding, in the open, not -- in a million years, that's not how it's done. So let me get back to work because I'm busy here. And again, just stop with the nonsense, okay?
DONNA ADELSON: TI don't --
CHARLIE ADELSON: well, I mean, with all this, you know, Wendi is so afraid to lay the law down with men that we Cinaudible).
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. What is Call T? we're still on -- tell us the date to refresh us.
PATRICK SANFORD: Yeah, it's still 4/26, the day after the meetings took place down at Monty's and at wendi's house. So it's the day after, still 4/26. This call is between -- from Katherine Magbanua to Charles Adelson at 4:33 so it's about, maybe 15 minutes after the call we just heard.
MS. CAPPLEMAN: Play Call T, please.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
CHARLIE ADELSON: Hello.
CHARLIE ADELSON: Hey, what's going on?
KATHERINE MAGBANUA: well, you know, I don't know what the fuck -- like for some reason I know you were like telling me something about for the client, but I -- like I got it mixed up with the number.
KATHERINE MAGBANUA: And like -- and I'm calling both numbers, but nobody's picking up. So I need to figure it out because -- or else I could set up, you know, with the realtor to show the property.
CHARLIE ADELSON: Oh, fuck. They sound like a really good client, if they're going to rent the place. I actually have --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: -- I actually have the number at home.
KATHERINE MAGBANUA: Okay. But kind of like, I need it like stat.
CHARLIE ADELSON: well, I can -- fuck, I wish I would have wrote it down.
KATHERINE MAGBANUA: Like I'm supposed Cinaudible), but the thing is, is like I tried to, you know, remember it, and like I just couldn't. Like I've been calling so many people today, so it's like -- it's been --
CHARLIE ADELSON: I'm going to be home in probably two hours and I can get you the number then. Hopefully, they haven't like looked at other properties yet.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: Yeah, I -- well --
KATHERINE MAGBANUA: There's no way at all you can get the number to me?
CHARLIE ADELSON: well, I mean, yeah --
KATHERINE MAGBANUA: Before I get out of work?
CHARLIE ADELSON: well, let me do this: Let me -- let me see if I can get the number. I've got the number at home in my desk.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: But let me see if the number may be some other place. Okay?
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: All right. I'll call you right back.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Okay. Next call Charlie to defendant?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Okay. Call U, please.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
DONNA ADELSON: Hey, Charlie.
CHARLIE ADELSON: Hey. Can you hear me?
DONNA ADELSON: Yeah, I can hear you fine.
CHARLIE ADELSON: Okay. Do you remember the number that was written on that paper the other day? Because I have it at home.
DONNA ADELSON: I don't.
CHARLIE ADELSON: Okay.
DONNA ADELSON: I don't.
CHARLIE ADELSON: Because someone just called me asking for it, because they thought they remembered it, but evidently they -- they remembered it wrong.
So I'm going to have to give it --
CHARLIE ADELSON: Okay. I got the paper at my house, so don't --
DONNA ADELSON: I know.
CHARLIE ADELSON: -- don't worry about it, but --
DONNA ADELSON: Okay.
CHARLIE ADELSON: -- you didn't write the number down anywhere?
DONNA ADELSON: No, I gave you the paper and that was the end of it.
CHARLIE ADELSON: I know, but I thought you maybe --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: -- wrote the number down.
DONNA ADELSON: JI didn't. I didn't.
CHARLIE ADELSON: All right. Because they're calling me now for the number and I have the paperwork at my house.
DONNA ADELSON: Okay.
CHARLIE ADELSON: All right. I'1Il give it to them in a few hours.
DONNA ADELSON: Okay, sweetheart.
CHARLIE ADELSON: Yeah, bye.
DONNA ADELSON: Love you. Bye.
(Audio recording concluded.)
MS. CAPPLEMAN: Next call, Call V, please.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
KATHERINE MAGBANUA: Hello.
CHARLIE ADELSON: Hey. Okay. I just called, they don't have the number either. It's at home, and I'm not going to be able to give it to you until I get home.
KATHERINE MAGBANUA: (Inaudible) to like set up like the freaking -- try to get the agent for showing, that's why I don't have --
CHARLIE ADELSON: I Know. That's why I was like, take it, write the number down, and you're like --
KATHERINE MAGBANUA: I know, but it's like, I'm so good at like memorizing shit, you know. Like I do this all day. Like I have like a thousand numbers on my phone now, and then now when somebody calls me back, I don't know who it is, because I'm not going to save every person's number.
CHARLIE ADELSON: I know.
KATHERINE MAGBANUA: You know, I don't have a landline in my job. I have to use my cell phone.
CHARLIE ADELSON: That's why you got to put it in your contact list so you don't lose your contacts.
KATHERINE MAGBANUA: No, I can't do that. It's going to be random people who's calling my phone. You're like --
CHARLIE ADELSON: I know.
KATHERINE MAGBANUA: -- some clients that don't even want to like -- one day they want to see a property. Another day, oh, no, it's okay, because they're working with somebody else.
CHARLIE ADELSON: Yeah. I'm in Miami Lakes right now, so I'm not going to -- let me see what time I get out of here. Hang on one second.
KATHERINE MAGBANUA: Damn, and you can't even remember?
CHARLIE ADELSON: Hey, come on. At my age, I'm lucky to remember what I had for breakfast. The only reason I remember is because I eat the same thing every day. Hang on one second. Hey, do you know what time my last patient is? (Inaudible). I'm done? why didn't someone tell me? wait, that guy that came from the other office? So I'm all done? Okay. Beautiful. Thank you. I'm going to get out of here before traffic hits. All right.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: I can -- I can get the number in 30 minutes.
KATHERINE MAGBANUA: Okay. Thank you.
CHARLIE ADELSON: All right. Bye.
(Audio recording concluded.)
~=BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Then we have another call about an hour later between Garcia and Magbanua?
PATRICK SANFORD: we do at 5:35.
MS. CAPPLEMAN: 5:35 p.m.?
PATRICK SANFORD: P.M., correct.
MS. CAPPLEMAN: Call w, please.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
KATHERINE MAGBANUA: Hello?
SIGFREDO GARCIA: Hey.
KATHERINE MAGBANUA: Hello?
SIGFREDO GARCIA: How you doing?
SIGFREDO GARCIA: (Inaudible).
KATHERINE MAGBANUA: Hey. I think I remember the -- remember one of the listings that I had to tell you, one of the properties.
SIGFREDO GARCIA: Yeah.
KATHERINE MAGBANUA: well, what was -- I don't know, just in case that you call, you know, because I have to -- I have to set it up.
SIGFREDO GARCIA: Yeah, because I tried to meet (inaudible). Each time --
KATHERINE MAGBANUA: Okay. It's -- I believe it's 305.
SIGFREDO GARCIA: Okay.
SIGFREDO GARCIA: Okay.
KATHERINE MAGBANUA: 6570.
SIGFREDO GARCIA: 6570?
KATHERINE MAGBANUA: Uh-huh. Because I always -- like -- like -- I had like two numbers --
SIGFREDO GARCIA: I know, you got that dyslexia. I get it. I get it. So the listing for the place is --
KATHERINE MAGBANUA: It's 305-712-6570.
SIGFREDO GARCIA: 5570?
KATHERINE MAGBANUA: No. No, no, no. See, you're confusing me. It's 305 --
SIGFREDO GARCIA: Uh-huh.
KATHERINE MAGBANUA: -- 712 --
SIGFREDO GARCIA: Uh-huh.
KATHERINE MAGBANUA: -- 6570.
SIGFREDO GARCIA: I believe that was one of the ones that I tried. well, I'll --
KATHERINE MAGBANUA: Okay.
SIGFREDO GARCIA: Yeah. I'll reach out to you in a little bit.
KATHERINE MAGBANUA: All right. All right. Ethan just wanted me to tell you hi.
SIGFREDO GARCIA: All right. Tell him hi.
KATHERINE MAGBANUA: All right.
SIGFREDO GARCIA: All right.
KATHERINE MAGBANUA: Can you call me back later?
SIGFREDO GARCIA: Yeah, absolutely.
KATHERINE MAGBANUA: Okay. Bye.
SIGFREDO GARCIA: Bye.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Okay. So the number that was just reiterated, is that the right number?
PATRICK SANFORD: That is the right number finally.
MS. CAPPLEMAN: Okay. There's been a lot of discussion about different people calling the number. So far has anyone called the number yet?
PATRICK SANFORD: No, no one.
MS. CAPPLEMAN: Okay. All right. I want to put a pin in that and =go back to the Matsuri restaurant conversation between Charlie and Harvey Adelson. Do you remember that exhibit --
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: -- 133? I want to revisit that. There's actually a couple of portions -- additional portions I want to publish.
MS. CAPPLEMAN: So I'll ask to do that at this time.
JUDGE EVERETT: You may.
(video recording published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
CHARLIE ADELSON: where is your proof?
HARVEY ADELSON: Yeah.
CHARLIE ADELSON: There is none.
HARVEY ADELSON: Yeah.
CHARLIE ADELSON: You can say it all day long. I can even tell you in a giant stadium.
HARVEY ADELSON: Yeah.
CHARLIE ADELSON: That's it.
HARVEY ADELSON: Yeah.
CHARLIE ADELSON: All day long. It's not done like that. And the funny thing is, they wouldn't want --
(inaudible).
HARVEY ADELSON: I know they wouldn't talk to her (inaudible). I was -- I was surprised they didn't come to me.
CHARLIE ADELSON: One or the other.
HARVEY ADELSON: what?
CHARLIE ADELSON: One or the other, but the woman is usually the weaker source, you know, someone that's going to give in. (Inaudible).
HARVEY ADELSON: I spoke Cinaudible).
CHARLIE ADELSON: Yeah, so that's -- that's where we're at. I think it's -- I actually think it's (inaudible). we knew at some point --
HARVEY ADELSON: Oh, yeah.
CHARLIE ADELSON: -- somebody would try to (inaudible). They have to be (inaudible). They have to --
HARVEY ADELSON: Yeah.
CHARLIE ADELSON: -- say listen, they simply asked you a question, yes or no. Someone is just going to say no. So there has to be some kind of tactic to come in to (inaudible). It's like --
HARVEY ADELSON: Yeah. It makes senses. It really does. I didn't think they were that smart.
CHARLIE ADELSON: And the funny thing is, is that (inaudible). Say, listen, 50 percent of the people want to cooperate, oddly enough.
HARVEY ADELSON: Yeah, right.
CHARLIE ADELSON: It's the attitude of all right, I'll pay. Maybe they're right. (Inaudible).
HARVEY ADELSON: Yeah.
CHARLIE ADELSON: we have to be careful.
HARVEY ADELSON: (Inaudible). Are they allowed to do that?
CHARLIE ADELSON: (Inaudible). Yeah, but (inaudible). That is really good.
(Fast-forward.)
HARVEY ADELSON: You know, it's phenomenally interesting what -- what you told me. You know, talk about smart and they will do other things, too.
CHARLIE ADELSON: well, it's a very smart thing to do because it's like throw in a smoke grenade in the room and see how everybody (inaudible).
HARVEY ADELSON: Right.
CHARLIE ADELSON: (Inaudible). I hope they find whoever did it.
HARVEY ADELSON: Yeah, I know.
CHARLIE ADELSON: (Inaudible).
HARVEY ADELSON: I know mom was amazing, her reaction.
CHARLIE ADELSON: It's the only way it could be
(inaudible).
HARVEY ADELSON: She told you how it happened?
CHARLIE ADELSON: Yeah. (Inaudible). It was perfect.
HARVEY ADELSON: Yeah.
(video recording concluded.)
MS. CAPPLEMAN: Then there was a call that occurred right after that restaurant conversation that we had a technical difficulty with, L.1. I want to publish that at this time.
(Audio recording 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 recording begins: )
CHARLIE ADELSON: Yeah, it's an hour and 15 minutes there, it's an hour and 15 back here and I'll probably be there in two and a half hours.
DONNA ADELSON: Okay.
CHARLIE ADELSON: So, you know, I'm hoping to get to your place by 5:00, 5:30.
DONNA ADELSON: Okay. Yeah, Cinaudible) you know, maybe you'll stay a little bit later. It's dinner. It's not Cinaudible).
(Audio recording concluded.)
MS. CAPPLEMAN: Okay. Well, maybe we're just going to have two strikes on that one. we'll try again later.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Okay. So let's take back up where we were. TI want to go to April 27, 2016, call X. Could you tell us about that call?
PATRICK SANFORD: Yeah, it's a call from Katherine Magbanua to Charles Adelson at 10:42 a.m.
MS. CAPPLEMAN: Okay. Publish xX, please.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
CHARLIE ADELSON: Hey.
KATHERINE MAGBANUA: You spoke to my secretary?
CHARLIE ADELSON: Yes, I did.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: She picks up the phone. She sounds -- first of all, she sounds exactly like you on the phone.
KATHERINE MAGBANUA: She sounds like me?
CHARLIE ADELSON: what's that?
KATHERINE MAGBANUA: She sounded like me?
CHARLIE ADELSON: well, for a second. She picks up the phone and goes, she's in the bathroom. And I thought that was like some kind of code for something or other.
CHARLIE ADELSON: She's like, she's in the bathroom. And I'm like, is she in the toilet or is she in the bathroom? I'm like -- my head is like spinning. I'm like, what is she trying to tell me? I'm like, can she --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: I was about to ask her, has she flushed or is she still going? I wanted flushed. Make it go away.
KATHERINE MAGBANUA: (Inaudible) with the whole bathroom thing.
CHARLIE ADELSON: I wanted flushed.
KATHERINE MAGBANUA: Yeah, she wasn't flushed.
CHARLIE ADELSON: So I'm fucking thinking -- I thought this was like code. I'm like, Katie, is she flushed or is she in the bathroom?
KATHERINE MAGBANUA: Oh, my God. That's too funny.
CHARLIE ADELSON: And then I'm like, well, call me back when she flushes.
KATHERINE MAGBANUA: Stop, man. Everybody can hear me now.
CHARLIE ADELSON: TI made it clear I want the problem flushed.
KATHERINE MAGBANUA: Aye, yi, yi.
CHARLIE ADELSON: All right. So, hey, are you going to the Keys this weekend?
KATHERINE MAGBANUA: I don't think so. why?
CHARLIE ADELSON: Because if you were, I was going to tell you to come by tomorrow and I'll tell you the code to my garage and I'll leave something for you.
KATHERINE MAGBANUA: well --
CHARLIE ADELSON: I was going to leave you a coupon. I was going to leave a gift card and a -- with the tree.
KATHERINE MAGBANUA: With a coupon?
CHARLIE ADELSON: What's that?
KATHERINE MAGBANUA: With a coupon?
CHARLIE ADELSON: well, it's a gift card that you can use at any hotel.
KATHERINE MAGBANUA: Oh, cool.
CHARLIE ADELSON: So I was kind of thinking, if you did want to go away for the weekend, it would be nice to have a gift card and a little tree to plant at your house.
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: Yeah, that's if you're going to go away and like just take a deep breath, enjoy the fresh air.
KATHERINE MAGBANUA: Shit, I take a deep breath every day.
CHARLIE ADELSON: I think you need -- I think mamma needs a vacation and Dad needs one. So why don't you guys --
KATHERINE MAGBANUA: Not at all.
CHARLIE ADELSON: -- go on a vacation, leave the fucking kids at home, smoke a big, fat fucking joint, and have a cocktail and call it a day, wake up and do some fishing.
KATHERINE MAGBANUA: Aren't you supposed to be at work? What are you doing?
CHARLIE ADELSON: what's that?
KATHERINE MAGBANUA: TI mean, don't -- don't people like you work?
CHARLIE ADELSON: No, no, no.
KATHERINE MAGBANUA: TI see that.
CHARLIE ADELSON: No, I'm fucking driving to Port St. Lucie today.
KATHERINE MAGBANUA: wow, that's a long drive.
CHARLIE ADELSON: It's fucking far as fucking -- it's far if you took an --
KATHERINE MAGBANUA: How long does it take? How long does it take you to get there?
CHARLIE ADELSON: If I do like 80-something nonstop, it's an hour and a half.
KATHERINE MAGBANUA: Shut up.
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: You're crazy. How many patients do you have?
CHARLIE ADELSON: Honestly, it's not even that good of an office. They have another oral surgeon. It's kind of bullshit. And it's half a day. I like the --
KATHERINE MAGBANUA: (inaudible).
CHARLIE ADELSON: The secretary is always nice to me. And I have lost a bunch of offices that went corporate or got sold.
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: And then I had the implant rep bad-mouthing me to all my offices and two of them dropped me, so I don't care. I'm glad it's slower than it was like --
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: -- it really wasn't good for my health.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: I was Cinaudible) miserable.
KATHERINE MAGBANUA: Yeah, I mean, you're
(inaudible).
CHARLIE ADELSON: So... But anyway, let me know if you're planning to do a little fishing.
KATHERINE MAGBANUA: I wish. TI don't even know.
CHARLIE ADELSON: well --
KATHERINE MAGBANUA: TI don't even know (inaudible).
CHARLIE ADELSON: Do what?
KATHERINE MAGBANUA: Like I don't know. I'm the person with no plans. (Cinaudible). She's so annoyed.
CHARLIE ADELSON: Figure your shit out. And if I were you, I would go do some fishing, smoke a joint, and have a cocktail because that fixes everything.
KATHERINE MAGBANUA: Yeah, liquor always fixes everything. Hallelujah.
CHARLIE ADELSON: And you might find Jesus.
KATHERINE MAGBANUA: Look, you find Jesus. And when you find him, you tell him to take care of me, okay?
CHARLIE ADELSON: I'm looking for him. I found -- I found -- I got so excited the other day, but then it was
(inaudible).
KATHERINE MAGBANUA: You're Jewish.
CHARLIE ADELSON: Dude, I'm your third favorite --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: Hey, am I your third favorite Jew still?
KATHERINE MAGBANUA: You are my third favorite Jew.
CHARLIE ADELSON: I wonder who number one and two are.
KATHERINE MAGBANUA: Hello, he's number one.
CHARLIE ADELSON: Jesus?
KATHERINE MAGBANUA: Jesus. And then it's Drake.
CHARLIE ADELSON: Drake?
KATHERINE MAGBANUA: And then it's you.
CHARLIE ADELSON: And then Charlie?
KATHERINE MAGBANUA: Yeah, yeah. You're also going to be near number three.
CHARLIE ADELSON: I'm always behind three.
(inaudible).
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: It's a good thing TI is not Jewish.
KATHERINE MAGBANUA: Oh, TI. TI.
CHARLIE ADELSON: (Inaudible).
KATHERINE MAGBANUA: Oh, but he knows how much I'm in love with him.
CHARLIE ADELSON: I know, I know.
KATHERINE MAGBANUA: Oh, he had a baby already.
CHARLIE ADELSON: He has his reality show now.
KATHERINE MAGBANUA: Dude, are you serious?
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: He's been had that show for years.
CHARLIE ADELSON: _ Oh.
KATHERINE MAGBANUA: What's wrong with you?
CHARLIE ADELSON: I just saw it.
KATHERINE MAGBANUA: Because you're white. You don't like to watch BET. Oh, do you even have BET still? I don't know, man, you need to watch something.
CHARLIE ADELSON: (Inaudible).
KATHERINE MAGBANUA: You need Jesus.
CHARLIE ADELSON: All right. I'll look for him.
KATHERINE MAGBANUA: Look for him. Oh, and Lemonade. Google it. Beyonce Lemonade, Google now.
CHARLIE ADELSON: Beyonce Lemonade? Yeah, yeah, yeah, I saw it.
KATHERINE MAGBANUA: Oh, you saw it?
CHARLIE ADELSON: I got hot sauce in my bag.
KATHERINE MAGBANUA: You got hot sauce in your bag?
CHARLIE ADELSON: Yup.
KATHERINE MAGBANUA: Oh, my God, no, no. white people just don't understand. Okay. Bye.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Are these two pretty friendly with each other on the +=wire?
PATRICK SANFORD: Yes, they are.
MS. CAPPLEMAN: In this particular call, does Charlie offer a gift to Magbanua and Garcia?
PATRICK SANFORD: He does.
MS. CAPPLEMAN: Okay. And is that the only instance of that on the wire?
PATRICK SANFORD: No, there were several.
MS. CAPPLEMAN: Play Call Y, please.
(Audio recording published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
CHARLIE ADELSON: Yeah.
DONNA ADELSON: The answer's no. Dad said he doesn't want to.
CHARLIE ADELSON: He doesn't want to?
CHARLIE ADELSON: All right.
DONNA ADELSON: All right. But thank you for the offer. That was very sweet.
CHARLIE ADELSON: (Inaudible).
DONNA ADELSON: I think too -- I think he doesn't feel like going.
CHARLIE ADELSON: (inaudible).
DONNA ADELSON: Yeah.
CHARLIE ADELSON: All right. Is he still upset about everything or --
DONNA ADELSON: He's not having the best day.
CHARLIE ADELSON: Did something else happen?
DONNA ADELSON: NO, no. So Cinaudible) just understand and maybe another -- maybe another time, just not right now.
CHARLIE ADELSON: All right.
DONNA ADELSON: Okay. But thank you. Thank you, sweetheart.
CHARLIE ADELSON: Literally everything else is being taken care of.
DONNA ADELSON: Great.
CHARLIE ADELSON: Just so you know. They actually called the person and --
DONNA ADELSON: Thank goodness.
CHARLIE ADELSON: -- nobody -- nobody picked up.
DONNA ADELSON: Really?
CHARLIE ADELSON: Yeah, yeah, really.
DONNA ADELSON: (inaudible).
CHARLIE ADELSON: well, that doesn't matter. I mean, it's Cinaudible) is nothing as far as voice mail but no one picked up. They tried a couple times. I wouldn't worry -- let me tell you something, I would not worry at all. I'd worry about other things.
DONNA ADELSON: Okay.
CHARLIE ADELSON: That's -- you got to find something new to worry about.
DONNA ADELSON: No, I don't want to. Believe me, I don't want to worry about anything.
CHARLIE ADELSON: No, no.
DONNA ADELSON: No, no, I do not have (inaudible).
CHARLIE ADELSON: You have to find something good to worry about.
DONNA ADELSON: Yeah, thank you.
CHARLIE ADELSON: TI don't know what you're going to do with your free time. Cinaudible).
DONNA ADELSON: Yeah, all my free time.
CHARLIE ADELSON: You never -- let me just tell you something, you never let yourself have free time.
DONNA ADELSON: No, that's not true.
CHARLIE ADELSON: You always be like, oh, I got to do this, oh, and then I got to do that, and I'm behind on this and I got laundry to do and then I got to go to Publix.
DONNA ADELSON: TI actually had to run Administrative Professionals Day, which I didn't realize until the last minute. I had to run out and (Cinaudible) for Erica so.
CHARLIE ADELSON: Please listen.
DONNA ADELSON: Then I had got a big Cinaudible) on my eye last night. I had to got to CVS this morning to go get drops. And Cinaudible).
CHARLIE ADELSON: You are always -- I mean, I'm telling you --
DONNA ADELSON: I'm trying -- I'm really trying not to, Charlie, just so you know.
CHARLIE ADELSON: I know.
DONNA ADELSON: I'm really trying not to.
CHARLIE ADELSON: But I'm just saying, like, you know, I mean, Cinaudible) ask me how many times I went down to the Cinaudible). That's your fault. No one else's.
DONNA ADELSON: I know. I know.
CHARLIE ADELSON: I mean, I'm just saying like you got to find something else to be (inaudible).
DONNA ADELSON: (inaudible) Every day.
CHARLIE ADELSON: Trust me when I tell you, mom, it is -- you've done nothing wrong.
DONNA ADELSON: I know.
CHARLIE ADELSON: And it's because of that, you have nothing, literally, nothing to worry about. Someone's fishing and someone wants to try to make some money because they're struggling but that will never amount to -- that will never amount to anything. So someone's trying to throw something -- you know, throw a fishing line out there to see -- how you doing -- throw a fishing line out there to see if they can catch something. And I understand why they're doing it. I understand what they're trying do, but that doesn't make it right but they're -- the funny thing is it's really Cinaudible). They're just fishing is all that's going on.
DONNA ADELSON: I know. I know.
CHARLIE ADELSON: And I -- I wouldn't worry about it at all. So I've told you that many times. I'm sure you know Cinaudible) --
DONNA ADELSON: TI got you, Charlie. TI got it.
CHARLIE ADELSON: You know, it's not gonna change the fact -- hey, are you -- can you run this through and then hand it back to me? I need to make sure I get this back Cinaudible) .
So yeah, I would not -- I mean, I know it's easier for me to say than to do it.
DONNA ADELSON: Okay.
CHARLIE ADELSON: But I would not sit around and like, you know, drive yourself to the point where you get sick because -- because of that. I mean it's --
DONNA ADELSON: (Inaudible).
CHARLIE ADELSON: TI mean, it's just -- do you know what I mean? Like you say --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: -- you know, you know, you know.
DONNA ADELSON: I do.
CHARLIE ADELSON: And like --
DONNA ADELSON: I do.
CHARLIE ADELSON: I wouldn't -- the person that came to you (inaudible) and then some dumb idiot wants to go ahead and they want to follow up with a letter. And the truth is that the number was called, they didn't pick up, and then she tried to call them at Cinaudible) like --
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: So here, he's saying she called the number, she being Katherine Magbanua. Did Magbanua call the number?
PATRICK SANFORD: No, she didn't.
MS. CAPPLEMAN: And they're saying, well, the number was called but nobody picked up. Would the FBI have seen if that was the case?
PATRICK SANFORD: we would have.
MS. CAPPLEMAN: And that didn't happen?
PATRICK SANFORD: It did not happen.
MS. CAPPLEMAN: So Garcia said he called the number, Katie is saying she called the number, Charlie is telling Donna that Katie called the number, but nobody called the number?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: All right. Let's go to the next day, April 28, 2016. Do we attempt another bump?
PATRICK SANFORD: we did.
MS. CAPPLEMAN: And what is this one?
PATRICK SANFORD: we had the undercover call the Adelson Institute and ask for Mrs. Donna Adelson.
MS. CAPPLEMAN: All right. And what time of day was that?
PATRICK SANFORD: It was 9:22 a.m. on the 28th.
MS. CAPPLEMAN: All right. Publish that call at this time, Judge. It's State's Exhibit 117.
JUDGE EVERETT: Please proceed.
MS. CAPPLEMAN: This should be the first call in that exhibit.
(Audio recording published in open court. This transcript should not be considered a verbatim record of those 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 recording begins:)
ERIKA JOHNSON: Good morning. Thank you for calling Dr. Adelson's office. This is Erika speaking. How may I help you?
OSCAR JIMENEZ JR.: Yes, good morning. May I speak to Donna, Ms. Donna Adelson?
ERIKA JOHNSON: May I let her know who's calling?
OSCAR JIMENEZ JR.: Sammy.
ERIKA JOHNSON: Sammy from?
OSCAR JIMENEZ JR.: I met her last week and I gave her some paperwork.
ERIKA JOHNSON: You met her last week and you gave her some paperwork. Regarding?
OSCAR JIMENEZ JR.: Oh, she -- she knows what it's about. It's important paperwork.
ERIKA JOHNSON: Oh, okay. And your name is Sammy?
ERIKA JOHNSON: Do you have another phone number where you can be reached?
OSCAR JIMENEZ JR.: My number is 305 --
ERIKA JOHNSON: Uh-huh.
OSCAR JIMENEZ JR.: -- 712 --
ERIKA JOHNSON: Uh-huh.
OSCAR JIMENEZ JR.: -- 6570.
ERIKA JOHNSON: Okay. So she's not available right now, but I can have her maybe give you a call back.
OSCAR JIMENEZ JR.: Okay. Just tell her it's very important. I need to find out immediately what she thinks about the paperwork.
ERIKA JOHNSON: Okay. I certainly will.
OSCAR JIMENEZ JR.: I met her last week. Yes, thank you so much.
ERIKA JOHNSON: All right. Have a good day.
OSCAR JIMENEZ JR.: All righty. You, too.
(Audio recording concluded.)
MS. CAPPLEMAN: A moment to confer, Judge?
JUDGE EVERETT: Go ahead.
MS. CAPPLEMAN: Okay. Publish --
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: within 20 minutes of this call, do we have a call between Charlie Adelson and Donna Adelson?
PATRICK SANFORD: Yes, we do.
MS. CAPPLEMAN: Publish Call Z, please.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
DONNA ADELSON: Good morning, Charlie.
CHARLIE ADELSON: Hey, how are you?
DONNA ADELSON: Hey. Are you in an office or home or where are you?
CHARLIE ADELSON: No, no, no, I'm driving to an office now. what's up?
DONNA ADELSON: Well, Erika called me this morning, and -- because Dad is on the road to the office. So Erika called me and she said -- she said, I wouldn't normally bother you with this, she says, I don't know if it's a sales call or what, but somebody called this morning and he said his name was Sammy and he gave you some very important papers last week and he hasn't heard from you. And he wants you to call him back, and here's the number. So --
CHARLIE ADELSON: Okay.
DONNA ADELSON: SO I, you Know, want you to verify the number was the same -- is the correct number that I had, you know, told you about. So obviously, I'm not going to call the number. Erika said, you know, if this turns out to be a sales call, just hit star 67 before you call the number and then they won't know the number you're calling from. I said, oh, okay, I'll write that down. what's your suggestion?
CHARLIE ADELSON: The odd thing is this, is that -- that's the same number you gave me, right?
DONNA ADELSON: TI don't know, because I gave you the number. I never kept it. You kept it.
CHARLIE ADELSON: Tell me what the number was.
DONNA ADELSON: 305 --
CHARLIE ADELSON: Right.
DONNA ADELSON: 712-6570.
CHARLIE ADELSON: 6570.
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: Yeah. No, it's -- it's someone -- the odd thing is is that it's 712-6570. Yeah, that's the same number and it was called and no one picked up.
DONNA ADELSON: Maybe they'll pick up now.
CHARLIE ADELSON: Okay. So someone called today?
DONNA ADELSON: They called the office and Erika called me. She says, I hope I'm not bothering you, it's probably a sales call.
CHARLIE ADELSON: Yeah, and listen, that's -- let me tell you something. I'm looking into it right now.
DONNA ADELSON: Yeah, I figured you were, but I just wanted to verify the number.
CHARLIE ADELSON: I know. And that's -- the odd thing is, you think the number would be picked up. I mean --
DONNA ADELSON: Yeah. well, they'll pick it up.
CHARLIE ADELSON: So let me do this --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: -- let me -- let me call somebody.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: And -- but I wouldn't -- Mom, trust me when I tell you I wouldn't worry at all.
DONNA ADELSON: Okay. Okay. I just wanted to tell you --
CHARLIE ADELSON: And I'll tell you why, especially -- especially because -- what do you call it -- especially because you know who it is. So let me call someone and take care it now. Okay?
DONNA ADELSON: Thank you, Charlie.
CHARLIE ADELSON: All right.
DONNA ADELSON: Love you.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Okay. At the conclusion of this call, does Charlie Adelson attempt to call Katherine Magbanua?
PATRICK SANFORD: He does.
MS. CAPPLEMAN: what happens?
PATRICK SANFORD: He gets -- he goes to her voice mail.
MS. CAPPLEMAN: Does he leave a message?
PATRICK SANFORD: I don't recall. I don't believe he did.
MS. CAPPLEMAN: Let's listen to AA, please.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
AUDIO RECORDING: You have reached the voice mailbox of 786-564-1312.
CHARLIE ADELSON: Hey, it's me. It's important. Call me. Bye.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Message?
PATRICK SANFORD: Yes, he did leave a message.
MS. CAPPLEMAN: Okay. Thanks. And then after that, did he attempt her a couple more times?
PATRICK SANFORD: He did. He called and did not reach her.
MS. CAPPLEMAN: So we've got, I think, 9:49, 9:51, and 9:54. Does that sound right?
PATRICK SANFORD: That sounds right.
MS. CAPPLEMAN: Okay. Does he ever get up with her?
PATRICK SANFORD: Yes, she finally calls him back.
MS. CAPPLEMAN: And what time was that?
PATRICK SANFORD: 10:43 a.m.
MS. CAPPLEMAN: Publish BB, please.
Pause it for a moment.
Judge, this call is 7 minutes in duration. would you like to break for lunch after the playing of this particular call?
JUDGE EVERETT: I'm sure the jurors would like a break at this point, Ms. Cappleman.
MS. CAPPLEMAN: I'm very sure they would as well.
JUDGE EVERETT: After you finish this one.
MS. CAPPLEMAN: All right. Let's play BB, then.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins:)
CHARLIE ADELSON: Hey.
KATHERINE MAGBANUA: What happened?
CHARLIE ADELSON: Somebody called my dad's office today looking for him.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: Saying that they dropped off some paperwork to them.
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: And there was a phone number on there. And actually the person left the message with Erika. And Erika called my mom up, because she was like, you know, normally I wouldn't call you up, but I got this strange phone call. My mom's like, yeah.
KATHERINE MAGBANUA: Uh-huh. what's the phone number that they're calling from, though?
CHARLIE ADELSON: I can ask Erika, but Erika -- Erika said a guy by the name of Sammy called the office this morning saying that, I left some paperwork with Dr. Adelson last week. And I left a number on there and he needs to call me at that number.
KATHERINE MAGBANUA: No, somebody's like fucking pulling your bones and shit.
CHARLIE ADELSON: Well, this is the third -- this is the third.
KATHERINE MAGBANUA: Call the number. Call the number. Because I'm about to call on my fucking phone.
CHARLIE ADELSON: I fucking -- I mean, it's someone who wants to be called back. Let's put it that way. Do you still have the number?
KATHERINE MAGBANUA: Yeah, well, obviously that number, nobody's picking up.
CHARLIE ADELSON: well --
KATHERINE MAGBANUA: That's not a working number. It's like a Gmail number.
CHARLIE ADELSON: Nobody's pulling a leg. I'm just asking you to find out who the fuck it is.
KATHERINE MAGBANUA: It's like --
CHARLIE ADELSON: You know --
KATHERINE MAGBANUA: -- get that number that's off of your -- off of the thing, off of the number -- off of the freaking caller ID.
CHARLIE ADELSON: At the office?
KATHERINE MAGBANUA: Yes, obviously. Because this is like a fucking bullshit game.
CHARLIE ADELSON: well, they're not -- they're not coming out on foot, they're not writing letters and they're not calling the office because they have nothing better to do.
KATHERINE MAGBANUA: well, I don't know what to tell you, because I called that number myself.
CHARLIE ADELSON: Okay. well, let's call that number again and find out what the fuck's going on.
KATHERINE MAGBANUA: And nobody picks up. And even tried another number and left a message.
CHARLIE ADELSON: Okay. Well, I would --
KATHERINE MAGBANUA: I'm trying to get whoever's threatening your family and helping you guys out, and trying to help you guys out, but it's like if they don't pick up, like what the fuck?
CHARLIE ADELSON: I understand.
KATHERINE MAGBANUA: It's like it's a fucking joke.
CHARLIE ADELSON: TI understand, but they fucking called this morning and they're waiting for the phone call. That's what I'm telling you. And so this is three times --
KATHERINE MAGBANUA: Get the number or whatever that is that's calling you or your family --
CHARLIE ADELSON: The 305 --
KATHERINE MAGBANUA: -- or whatever it is --
CHARLIE ADELSON: -- 712-6570. You do have the number.
KATHERINE MAGBANUA: Exactly. That number is obviously -- it's like a nonworking number.
CHARLIE ADELSON: Okay. Can you -- can you find out?
KATHERINE MAGBANUA: I tried. Okay? And then it's like, what -- I don't fucking understand. It's either somebody's pulling your bones, somebody is just harassing you, or somebody's trying to get something out of you.
CHARLIE ADELSON: Okay. Find out who the fuck it is, because the other phone call is going to be the FBI.
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: I'm telling you. well, I'm telling you, and then when they do catch the person, they're going to be asking him lots of questions about who Katie is.
KATHERINE MAGBANUA: We already spoke about this. It's like not even like a fucking joke anymore because --
CHARLIE ADELSON: It's not a fucking joke.
KATHERINE MAGBANUA: -- seriously it's like --
CHARLIE ADELSON: Katie, it's not --
KATHERINE MAGBANUA: -- somebody's fucking harassing you guys and somebody's harassing and using my name and it's like --
CHARLIE ADELSON: Okay. So you want me to have them --
KATHERINE MAGBANUA: -- Cinaudible) like that?
CHARLIE ADELSON: Look, Katie, think it through, find out who the fuck it is. That's all I'm asking you.
KATHERINE MAGBANUA: No Cinaudible) on my fucking cell phone because this is fucking bullshit and fucking -- somebody's trying to fucking pinpoint some bullshit. Like it's getting aggravating.
CHARLIE ADELSON: Yeah, it is. All I'm saying is, find out who the fuck it is and tell them to stop playing their games. I don't know who you have to talk to, but it needs to be nipped in the bud because --
KATHERINE MAGBANUA: No, I'm going to handle this shit myself, bro, because this is some fucking bullshit. I'm going to handle it my motherfucking self. (Inaudible) fucking number, if they fucking -- if Erika wants to call back, be like, oh, is this the right number? Okay. I have your fucking -- whatever fucking shit taken care of. Okay? Because it's fucking bullshit.
CHARLIE ADELSON: Find out --
KATHERINE MAGBANUA: That's threats, bro. I'm about to go to the fucking FBI. I'm fucking getting irate with this shit already. It's either the FBI fucking -- fucking playing games or fucking whatever it is, because I'm fucking --
KATHERINE MAGBANUA: -- getting pissed.
CHARLIE ADELSON: All right. well, find out. All I'm saying is --
KATHERINE MAGBANUA: And they fucking gave a wrong phone number.
CHARLIE ADELSON: Okay.
KATHERINE MAGBANUA: So you're an idiot. You gave a fucking wrong number. Get the fucking number to fucking call because I'm going to call them.
CHARLIE ADELSON: Okay.
KATHERINE MAGBANUA: And fucking text it to me. I don't even fucking give a shit about all this fucking bullshit, whatever shit anymore.
CHARLIE ADELSON: Okay.
KATHERINE MAGBANUA: I'm pissed the fuck off. Like I'm going to fucking go to the cops right now.
CHARLIE ADELSON: Okay. well, either you go to the cops or we go to the cops --
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: -- to find out --
KATHERINE MAGBANUA: we're both going to --
CHARLIE ADELSON: -- who the --
KATHERINE MAGBANUA: -- fucking go to the cops because this is fucking bullshit.
CHARLIE ADELSON: well, find out who the fuck this is, because this person evidently Knows you and knows your family. They know me --
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: -- and they know my family, so --
KATHERINE MAGBANUA: And you don't -- you don't think that that fucking scares the shit out of me, like somebody fucking saying my name out loud or whatever.
CHARLIE ADELSON: well, Katie, someone's messing -- someone's messing with you. They're messing with me. Someone's messing with me. They're messing with you. It's one and the same.
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: So what I'm saying is, find out who the fuck it is.
KATHERINE MAGBANUA: That number doesn't fucking work. If you can get ahold, you go to different offices, call the motherfucking number. See if that fucking number works. Bottom line. Because I've tried myself and that shit does not work.
CHARLIE ADELSON: Katie, call them, find out who the fuck it is now. Trust me on this. Find out who the fuck it is.
KATHERINE MAGBANUA: Get the number -- listen to me and get the number and stop playing all of these games, because I --
CHARLIE ADELSON: I already --
KATHERINE MAGBANUA: -- Cinaudible) --
CHARLIE ADELSON: I --
KATHERINE MAGBANUA: -- with your parents to the fucking FBI or whatever fucker's doing this shit and fucking go and fucking report whoever's harassing.
CHARLIE ADELSON: All right. Katie.
KATHERINE MAGBANUA: That's it.
CHARLIE ADELSON: Katie, do you have -- do you -- I've got to get back to a patient. Do you have the number I gave you the other day?
KATHERINE MAGBANUA: I have the fucking number --
CHARLIE ADELSON: Okay, good.
KATHERINE MAGBANUA: -- and I told you --
CHARLIE ADELSON: Call it.
KATHERINE MAGBANUA: -- you don't listen. TI called the number.
CHARLIE ADELSON: I know you --
KATHERINE MAGBANUA: That's not a working number.
CHARLIE ADELSON: Good.
KATHERINE MAGBANUA: Get the number that called your fucking office.
CHARLIE ADELSON: Okay.
KATHERINE MAGBANUA: Listen to me for once.
CHARLIE ADELSON: I will. You want me to call Erika?
KATHERINE MAGBANUA: Hey, fucking A, bro. I'm going to fucking fuck up whoever the fuck is fucking with me.
CHARLIE ADELSON: I'm going to call my mom and have my mom call the office.
KATHERINE MAGBANUA: Get the fucking number --
CHARLIE ADELSON: which number?
KATHERINE MAGBANUA: -- because now your fucking parents -- a number's been calling and that's not a working number. So it's either somebody playing games, somebody's tapping into some shit, and somebody's just trying to fucking aggravate somebody.
CHARLIE ADELSON: Okay. Let me -- let me --
KATHERINE MAGBANUA: And I'm aggravated.
CHARLIE ADELSON: -- repeat this to you. Do you want me to have Erika go on the caller ID and look to see what number that was --
CHARLIE ADELSON: -- that called?
KATHERINE MAGBANUA: Get the fucking number. Obviously, they're calling from somewhere else if it's not the same number that you said. How about you call and find that out --
CHARLIE ADELSON: Try -- okay. Do me a favor. Try that number I gave you the other day, and I'm going to call my mom and tell her to call Erika and ask her to look it up on the caller ID. Okay?
KATHERINE MAGBANUA: Get it. All right.
CHARLIE ADELSON: But call that --
KATHERINE MAGBANUA: Whatever it is --
(Audio recording concluded.)
JUDGE EVERETT: All right. Members of the jury, we're going to take our lunch break at this point. Once again, you're not to discuss this case with each other or any other person. Do not seek out any information on the case as well. Please return at 1:15 and we will resume the trial at 1:20. Enjoy your break.
MR. ZELMAN: Judge, can we approach?
(Sidebar conference held as follows:)
JUDGE EVERETT: Go ahead.
MR. ZELMAN: Your Honor, we're going to need more than an hour and 15 minutes to go -- to have lunch and to be able to review that recording, the enhanced recording with our client.
JUDGE EVERETT: How long is the recording?
MR. ZELMAN: It's 15 minutes, but there's the old one and the new one.
JUDGE EVERETT: All right. The quality of the audio, I believe, is the issue between the one that is clarified and the one that's not, the content is the same.
MR. ZELMAN: well --
MS. FULFORD: We haven't reviewed it so we don't know.
MR. ZELMAN: We reviewed it one time last night while we were preparing for today's other witnesses so I can't -- I can't make the representation whether the quality is better on one or whether the -- you can hear the same thing on one or the other. That's why I was asking to have the opportunity to review it with Mrs. Adelson this weekend. I understand the State's put it in and publish it before then. If we're going to do that, we need more than an hour and 15 minutes to do that and have lunch.
JUDGE EVERETT: All right. For lunch, as best you can, I guess try to do that within 45 minutes. If we need to get started a little bit later, we will. But, Ms. Cappleman, you're seeking to publish this before the State's case ends?
MS. CAPPLEMAN: Yes, either today or tomorrow. Today or tomorrow is when I'm seeking to publish it. It just depends how fast we move along.
JUDGE EVERETT: If you can't finish reviewing that file with your client this afternoon, would having some time before we get started for the day Friday morning assist you with doing this?
MR. ZELMAN: Yes, Your Honor.
JUDGE EVERETT: All right. And this -- the old file has been played for her previously?
MR. ZELMAN: Yes, yes, but it's -- it's been probably a few months since we've gone over that recording with her.
JUDGE EVERETT: All right. See what you can accomplish today. If need be, you can review it tomorrow morning before trial starts as well.
MR. ZELMAN: Thank you, sir.
MS. CAPPLEMAN: What time are we reconvening?
JUDGE EVERETT: I told the jurors to report at 1:15 so we could get started at 1:20. If we need to push back to 1:30, that should be additional time.
MR. ZELMAN: Thank you, Your Honor.
(Sidebar conference concluded.)
JUDGE EVERETT: Before we go into recess this afternoon, I don't believe I gave the instruction this morning, but, once again, it is pertinent as it relates to the evidence and making any facial expressions or making any gestures that you either agree with or disapprove of what you are hearing or seeing, please do not do that. We cannot have any improper influences on the jurors who are deciding the matter.
We will be in recess until 1:15.
(Court in recess.)
JUDGE EVERETT: Everyone can be seated.
All right. Good to go?
BAILIFF: Uh-huh.
JUDGE EVERETT: Do we need to address anything before the jurors come back in?
MR. ZELMAN: Your Honor, we had an opportunity to listen to the altered or enhanced version. we still need to go back and listen to the original. So either we can -- I think in order to do that, to have a conversation, we're going to need probably 30 minutes. If we could have that either at the end of today or -- if we end at a reasonable time or tomorrow morning before we get started, that way we can give the State an answer.
JUDGE EVERETT: Probably tomorrow morning before we get started.
MR. ZELMAN: Yes, sir.
JUDGE EVERETT: Ms. Cappleman, I assume with your chart, we're at page 2 and there's still many, many more calls to go?
MS. CAPPLEMAN: There's plenty. Yeah, we probably will go through the rest of today with this witness. If we do conclude, I'll just have him authenticate 118 and I'll publish it tomorrow. I'll figure it out.
JUDGE EVERETT: Very well. Please bring in the jurors. Please rise for the incoming jury.
(jury enters courtroom.)
JUDGE EVERETT: Everyone can be seated.
If someone can get Agent Sanford back to take the stand to continue with his testimony.
Members of the jury, did everyone get some coffee during the break?
(jury responds.)
JUDGE EVERETT: All right. The only reason I ask is each admitted evidence during the case is important. we can't have any shut-eye going on.
Agent Sanford, please take the stand, sir. You remain under oath.
PATRICK SANFORD: Yes, Sir.
JUDGE EVERETT: You may examine.
MS. CAPPLEMAN: Thank you, Judge.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: According to my list, we're on CC. Is that what you show as well?
PATRICK SANFORD: Yes, ma'am.
MS. CAPPLEMAN: Okay. So what -- can you set up CC for us? The call we just heard, we had -- I don't know. It appeared the FBI made Katie mad.
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: Remember that call?
PATRICK SANFORD: Yes, that one was Katie and Charlie talking.
MS. CAPPLEMAN: And Charlie was supposed to go back to Donna to find out if the number was on the device at the office?
PATRICK SANFORD: Correct, if the caller ID showed up and what it read. So CC is on the same date, Charlie to Donna at 10:50, which is about just a couple of minutes after -- a minute or two after the last call.
MS. CAPPLEMAN: All right. Let's publish CC, please.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
DONNA ADELSON: Hey, Charlie.
CHARLIE ADELSON: Hey, Mom. Do me a favor. Does Erika have caller ID at the office?
CHARLIE ADELSON: There is no caller ID?
CHARLIE ADELSON: Is there a way of looking up what number it was that called? I thought we always had that caller ID thing at the office up front.
DONNA ADELSON: we did and it stopped working, so then we just dumped it. It was not working properly.
CHARLIE ADELSON: Because that number was a nonworking number. I mean, I have someone trying to call it again and find out. Maybe it's working now, okay?
DONNA ADELSON: Yes, okay.
CHARLIE ADELSON: All right. I'1I1 call you as soon as I hear something.
DONNA ADELSON: Thank you, Charlie.
CHARLIE ADELSON: I'll call you within an hour; okay?
DONNA ADELSON: Okay.
(Audio recording concluded.)
MS. CAPPLEMAN: Okay. EE -- I'm sorry, DD, please.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: Okay. There is no caller ID at the office. call the fucking number that I gave you the other day. I know it was nonworking the other day when you called. call it again.
KATHERINE MAGBANUA: If it's very important, then this would be a working number. Okay?
CHARLIE ADELSON: Exactly, so --
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: -- call it again.
KATHERINE MAGBANUA: So somebody gave you a fucking wrong number to get Cinaudible).
CHARLIE ADELSON: Katie.
KATHERINE MAGBANUA: -- Gmail fucking number. I'm telling you, bro. I'm telling you. I'm in a fucking office and I'm standing outside to fucking scream, okay?
CHARLIE ADELSON: Call that number.
KATHERINE MAGBANUA: whatever it is, it's either somebody is fucking with your family, fucking with my family and fucking setting somebody up.
CHARLIE ADELSON: Okay.
KATHERINE MAGBANUA: And I don't play any fucking games. I don't know what you're thinking. You're not thinking. You're not thinking.
CHARLIE ADELSON: Okay. What do you want me to do?
KATHERINE MAGBANUA: You want to call from my fucking phone?
CHARLIE ADELSON: what's that?
KATHERINE MAGBANUA: You want to call from my fucking phone?
CHARLIE ADELSON: I could care less where you call from. I'm just saying --
KATHERINE MAGBANUA: Exactly. Oh, my God, bro.
CHARLIE ADELSON: Al1l I'm saying is I don't give a fuck --
KATHERINE MAGBANUA: That number has been called 100 times.
CHARLIE ADELSON: Okay.
KATHERINE MAGBANUA: It's not a working number.
CHARLIE ADELSON: Call --
KATHERINE MAGBANUA: If you go -- you go ahead. No, no, no. You Cinaudible) and you fucking find a fucking phone and you call. And find out what the fuck is going on, if they pick up. Because they're obviously not -- it's not a working number. You find another phone and you go call. Whatever setup this bullshit is, it's somebody that's trying to fish for fucking some shit and just fucking throwing out names or whatever.
CHARLIE ADELSON: Okay.
KATHERINE MAGBANUA: For all you know, this fucking person is already fucking listening to everything.
CHARLIE ADELSON: Okay. well, there's nothing. They can listen to whatever conversations they want. I'll call from the office and then from there, I'll call the FBI.
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: (Inaudible).
KATHERINE MAGBANUA: All right. Let me know then.
CHARLIE ADELSON: Okay.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Okay. what's next?
PATRICK SANFORD: Next is EE -- I'm sorry --
MS. CAPPLEMAN: That's right.
PATRICK SANFORD: -- El.
MS. CAPPLEMAN: No, I think we have EE still.
PATRICK SANFORD: Okay. E is Charlie back to Katie again, 37 seconds at 11:17 a.m.
JUDGE EVERETT: Before you publish that, Mrs. Adelson, if you need your amplification device or your headphones, please wear them. It's very important that you are able to follow all of the evidence as it takes place during the trial.
You may continue.
(Audio recording published in open court. This transcript should not be considered a verbatim record of those 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 recording begins:)
CHARLIE ADELSON: Hey.
CHARLIE ADELSON: I'm going to star 67 and then (inaudible) and then see what it is.
KATHERINE MAGBANUA: Okay. Do that.
CHARLIE ADELSON: Okay. You haven't heard anything from (inaudible) have you?
KATHERINE MAGBANUA: Say what?
CHARLIE ADELSON: You haven't heard anything from
(inaudible).
KATHERINE MAGBANUA: well, obviously, we're on the same page.
CHARLIE ADELSON: Okay. Let me -- let me do that and see where we are.
KATHERINE MAGBANUA: Okay.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Okay. Now we go to EEl. Is this the same day?
PATRICK SANFORD: This is the same day. It's like one minute after that phone call that we just heard.
MS. CAPPLEMAN: Okay.
(Audio recording published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
DONNA ADELSON: Hey, Charlie.
CHARLIE ADELSON: Hey. The number that Erica said, was it 712-6570?
DONNA ADELSON: Yeah, 305 area code.
CHARLIE ADELSON: Okay. what I'm going to do is this, I'm going to call them and star 67 my number.
DONNA ADELSON: Okay.
CHARLIE ADELSON: And I'm going to -- I have a -- this is what I have a strong feeling what I think it is.
DONNA ADELSON: Okay.
CHARLIE ADELSON: I think it may be either some private investigator --
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: -- or I think it's the FBI or somebody just trying to fish around and stir the pot and see -- see how people react.
DONNA ADELSON: Yeah. You know what -- we think it's what she said last week.
CHARLIE ADELSON: I mean, I think it's one of the two. I mean, I'll tell you why, is it's a last ditch effort to probably try to stir -- stir a pot and see what comes up.
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: Because the thing is this, it's not done like this. It's not. I mean, you got to understand like I think it's someone playing games because it's -- you got to understand, it's not -- A, it's not done like this; B, listen, you've done absolutely nothing wrong. I've done absolutely nothing wrong. You know and I think it's someone that may think they know something so since they think they know something, they're trying to stir the pot. So it's somebody really stupid because we don't -- we don't have any information we're -- if I did --
CHARLIE ADELSON: -- I would go collect my reward.
DONNA ADELSON: I know.
CHARLIE ADELSON: So I don't -- I don't know of anything. You know, the fact that you're being extorted, sometimes people react differently to different things. Some people are extorted and then you know what, it's like patients, they extort you all the time. They're like, give me my money back or I'm going to the Board of Dentistry. well, I've done nothing wrong but if I go to the Board of Dentistry, it's a fucking headache --
DONNA ADELSON: I know.
CHARLIE ADELSON: -- than -- than anything else.
DONNA ADELSON: That's right.
CHARLIE ADELSON: So even though I'm a thousand percent right in the dentistry I do and the work that I do, I don't feel the Board of Dentistry -- I don't want to walk in there and have them say, you didn't tell me -- I got to explain (inaudible).
So that's, you know, that's what I -- but I think -- I think it Cinaudible). I really think it's somebody who thinks they're trying to solve this case, they think (inaudible) this family had something -- somehow to do with it so they will go ahead and be like make some demand and see how we react. (inaudible) be like make -- they made a demand, didn't react. It's just -- it's just very odd. (Cinaudible) I mean, I don't know who the hell it is. I'm sure you guys have no idea who -- who the hell is this.
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: And if they were a newspaper, you could see a last name and, you know, in the old days, you have the -- you know, in the old days, you have the -- there's no way of looking anything up unless you work for the CIA. Nowadays, the homeless guy with a cell phone could go on the worldwide web, put a name in and three seconds have addresses, phone -- you know, addresses, locations and for then $19, you can find anybody. So -- and, you know, that's the thing, it's just like me, my house is not listed.
DONNA ADELSON: Right.
CHARLIE ADELSON: So if you went that search route, you wouldn't find it, but that's like --
DONNA ADELSON: But mine is.
CHARLIE ADELSON: But yours is. So what's even odder is that they're not bugging wendi.
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: Because that would be the first person I would go to. I mean, and that's the weird thing that they're not bugging her, you know. You know, I don't -- that's why I just kind of like I don't want to have a headache like, you know --
DONNA ADELSON: I know. (inaudible).
CHARLIE ADELSON: You don't want to trade one -- one set of nonsense for the other set of nonsense. You also don't want to have someone knocking at your door every other week.
DONNA ADELSON: Exactly. Exactly. Exactly. That's why I was hoping, you know, maybe if you had a friend who knew someone who could --
CHARLIE ADELSON: That's what I'm working on. So I think I'm just going to call -- I think I'm just going to call them up and see what they want.
DONNA ADELSON: It's a non -- if it's a nonworking number.
CHARLIE ADELSON: well, that's what I want to see, if it's nonworking.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: It may not be working the other day.
DONNA ADELSON: Yeah. Maybe it's working now.
CHARLIE ADELSON: So let me see -- see what they want. I don't think, you know -- let me see what's going on.
DONNA ADELSON: Okay. (Cinaudible).
CHARLIE ADELSON: Dad went to work today?
DONNA ADELSON: He did. (inaudible) option.
CHARLIE ADELSON: Okay. Let me call and see what --
DONNA ADELSON: Do you want me to check the number with Erika and call you back?
CHARLIE ADELSON: No, that's Cinaudible) check with her and then just call me back in a minute.
DONNA ADELSON: I'1Il just text you back.
CHARLIE ADELSON: Yeah, just call me back.
DONNA ADELSON: Okay.
CHARLIE ADELSON: Call her right now. (Cinaudible).
DONNA ADELSON: Okay.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. Does Charlie call the undercover?
PATRICK SANFORD: Yes, he does.
MS. CAPPLEMAN: Okay.
PATRICK SANFORD: He does.
MS. CAPPLEMAN: And on what date -- this is the first call to the undercover, right?
PATRICK SANFORD: This is the first call to the undercover on 4/28 of "16.
MS. CAPPLEMAN: Okay. Please publish FF.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
CHARLIE ADELSON: Hello?
OSCAR JIMENEZ JR.: (Speaking Spanish). Hello?
CHARLIE ADELSON: who is this?
OSCAR JIMENEZ JR.: who is this?
CHARLIE ADELSON: Someone's been calling my family. I'm trying to figure out who this is.
OSCAR JIMENEZ JR.: In reference to what, man?
CHARLIE ADELSON: Someone by the name of Sammy called.
OSCAR JIMENEZ JR.: Yeah, that's me, man.
CHARLIE ADELSON: All right. what's -- what's going on?
OSCAR JIMENEZ JR.: well, what's going on is my brother, Tato, okay, my brother, Tato, has not been taken care of. His family has not been taken care of. I talked to the dentist's office -- why are you calling me? who are you? I gave my number to a lady.
CHARLIE ADELSON: I don't know Tato.
OSCAR JIMENEZ JR.: You don't know Tato?
OSCAR JIMENEZ JR.: I'm sure you know Katie and Tuto. They've been taken care of since the family problem's been taken care of up north.
CHARLIE ADELSON: TI don't know (inaudible) --
OSCAR JIMENEZ JR.: You don't?
OSCAR JIMENEZ JR.: Nothing's going away, my friend, because let me tell you something, I was in Broward with Tato and he told me the whole story. He told me nobody was taking care of him, nobody was taking care of his family. The family was taking care of Katie and Tuto, and nothing's been taken care of with Tato.
So we know. we know what's going on. And Tato needs to be taken care of. Do the right thing. The lady already has the paperwork. She knows what I'm talking about. We know Katie. we know Tuto. we know they've been taken care of.
CHARLIE ADELSON: All right. Let me -- let me look into things.
OSCAR JIMENEZ JR.: No more fucking around, man. No more fucking around. This ain't going away. You -- Tato -- you guys need to do the right thing for Tato. That's my brother, man, that's my brother. And he needs to be taken care of, his family needs to be taken care of just like Katie and Tuto been taken care of.
CHARLIE ADELSON: TI -- I've never met -- met these people, but let me call you back. Okay?
OSCAR JIMENEZ JR.: That's bullshit, man. You know exactly what I'm talking about. You know this lady. I don't know your relationship to the lady, but you know what the fuck is going on.
CHARLIE ADELSON: All right. Let me call you back.
OSCAR JIMENEZ JR.: Take care -- take care of Tato just like you take care of Katie and Tuto, man.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. So in that call or just prior to that call, did Charlie Adelson hit star 67 in an effort to camouflage his number?
PATRICK SANFORD: He did.
MS. CAPPLEMAN: All right. And then when he hangs up from the undercover, who is the first person he calls?
PATRICK SANFORD: Katherine Magbanua.
MS. CAPPLEMAN: How many calls does he make to her?
PATRICK SANFORD: At least three that I recall.
MS. CAPPLEMAN: All right. And does she eventually call back?
PATRICK SANFORD: She does.
MS. CAPPLEMAN: Is that our call GG?
PATRICK SANFORD: It is, yes, ma'am.
MS. CAPPLEMAN: Publish GG, please.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
CHARLIE ADELSON: Hey.
KATHERINE MAGBANUA: (inaudible).
CHARLIE ADELSON: Okay. Hold on one second.
CHARLIE ADELSON: Give me two minutes. Hang on a second.
I called the number. It rang like seven or eight times, and then somebody picked up, and sounded like -- he goes, you know -- you know, who is this? And -- and I said, I'm returning a call. And then he said, what is this in reference to? So the guy that called my office this morning, said this is Simon. So I said, someone by the name of Simon placed a call this morning. And I go, what's -- I go, what's this about? He's like, who are you? I go, that's not important. what do you need?
You there?
KATHERINE MAGBANUA: Yeah, yeah, yeah.
CHARLIE ADELSON: So I said -- I said, it's not important who I am. I say, what can I do to help you out? what do you need?
KATHERINE MAGBANUA: — Uh-huh.
CHARLIE ADELSON: And he said, listen, man, he's like, Tuco [sic] or whatever the fuck his name is, he's like, someone did a really big favor for you and was there for you and we know -- and, listen, I'm Tuco's brother and I was with him in Broward. So I don't know if this guy's from Broward or whatever. He's like, I was with him down in Broward and he hasn't been taken care of, his family hasn't been taken care of. And he's like, it's fucking bullshit. He's like -- and as he's -- I'm letting him talk. As he's talking, I'm hearing a little bit of a New York -- New York accent.
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: You know, as he's trying to -- you know, when he picked up the phone, he didn't sound like a tough guy when he picked up the phone. But it was like as he was talking to me, like the tough guy routine sounded like it was coming out. So he's like, listen, he's like, I was with -- I know your -- I know you guys took care of and you're taking care of Katie and Tuto and you're taking care of their family. Now he needs to be taken care of. And I was with him in Broward, and he's done a big favor for you.
And I go, sir, I go, I don't know. He goes, I know you've been giving money to Katie and Tuto and taking care of their family. I go, no money has been given. I said, I don't even know who these people are, and I don't -- I don't know what you're talking about. And he's like, who are you? I'm like, listen, it's not important. I said, I don't know what you're talking about. No one's paying anybody. And he's like, well, listen, man, this shit's not fucking going away. You better fucking do the right -- he was like, it's not going away --
KATHERINE MAGBANUA: Oh, so he started saying bad words?
CHARLIE ADELSON: What's that?
KATHERINE MAGBANUA: So they started saying bad words?
CHARLIE ADELSON: He may -- he may have said a bad -- may have cursed, but he goes, listen --
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: He left it with, he goes, listen -- it may have been like, this shit or whatever it is -- this shit's not going away and you need to -- you need to help Tuto's fam- -- whatever his name is -- family out the way you're helping out Katie and Tuto. And I go, nobody -- I don't know who you're talking about, and I don't -- I don't know what I can do for you. I said -- he goes, you know -- he goes, well, it's not going away, and he says -- he says, do the right thing. You've got to help them out. which when I first --
KATHERINE MAGBANUA: And you should have been like, who are you, number one.
CHARLIE ADELSON: Well, he told me he was his brother. Obviously, he's not going to give me his real name. And I was being really polite to him. Like I've got --
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: Hold on one second. You got it? Okay. Give me two minutes and I'll be right there. I was being really polite.
KATHERINE MAGBANUA: But he said he's a brother from Broward?
CHARLIE ADELSON: No, no, no. He says, I know him from Broward, or, I saw him down in Broward.
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: So I don't know if like this guy that they're talking about was incarcerated in Broward or held in Broward or whatever, but he referenced Broward. He referenced Katie and Tuto --
KATHERINE MAGBANUA: So they're saying --
CHARLIE ADELSON: -- and family.
KATHERINE MAGBANUA: -- my name again. Uh-huh.
CHARLIE ADELSON: Yeah, so your name and -- and some other guy's name that I don't even fucking know.
KATHERINE MAGBANUA: — Uh-huh.
CHARLIE ADELSON: You know, some -- was saying -- talking about Tuto, which I don't even fucking know who -- who that is, so that's two people I don't know of. And he's talking about your family, saying your family's being helped out, which I don't fucking know. I mean, other than the hours I give you to go up in the office on the weekends to take care of shit.
KATHERINE MAGBANUA: Yeah, exactly.
CHARLIE ADELSON: But -- but that's -- I do, I help you out. You fucking earn the money on the weekends when you go up.
KATHERINE MAGBANUA: And is this the 305 number you called, the 305?
CHARLIE ADELSON: Yep. And he -- he left it where he said --
KATHERINE MAGBANUA: And it rang a long time?
CHARLIE ADELSON: I want to say it was like on the seventh or eighth ring that it picked up. And he left it with --
KATHERINE MAGBANUA: That's a long time because usually --
CHARLIE ADELSON: Yeah, yeah, I know. I was almost --
KATHERINE MAGBANUA: -- phone calls --
CHARLIE ADELSON: I was almost like -- and he was asking me, like, you know, who is this? He goes -- he goes, listen, I gave that paper to a lady. He goes, who are you? I go, don't worry about it. I go, I'm trying to figure -- I'm trying to find out what's going on.
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: So, you know, this person is under the assumption that I'm helping.
KATHERINE MAGBANUA: But they said they're a friend in Broward, or they said they're a brother from Broward?
CHARLIE ADELSON: He said he was his -- he said he was this guy's -- some -- this guy, who evidently told my mom he was incarcerated, his brother. And he's saying that he has not been paid and his family has not been taken care of, and this is not going away. And I'm like -- I mean, I -- I'm not -- I mean, I don't help -- I don't just give charity out. Like you come in my office --
KATHERINE MAGBANUA: Yeah, like you can't be like --
CHARLIE ADELSON: -- you work.
KATHERINE MAGBANUA: -- Cinaudible) like freaking people threatening you and mentioning names --
KATHERINE MAGBANUA: -- and -- you know what I mean?
CHARLIE ADELSON: And he sounded, honestly -- he didn't sound Latin. And he sounded like he had just -- you know, there's a little bit of a New York accent to his -- to his toughness.
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: SO --
KATHERINE MAGBANUA: But like well-spoken?
CHARLIE ADELSON: Yeah, wasn't -- didn't threaten me at all, did not threaten me at all. He just let me know this ain't -- he goes, this is not going away and you need -- and he's like, you need to take care of him. You need to do the right thing. He was there for you. And I'm like --
KATHERINE MAGBANUA: Right.
CHARLIE ADELSON: And I go -- I go, I don't know. He goes -- I go, I don't know who this person is, I said, but, I said -- I said, let me call you back later. That's how I left it with him. I said, I'll -- I said, sir, I said, I don't know who this guy is you're even talking about, but let me give you a call back later. Okay? He's like, okay, do the right thing. which --
KATHERINE MAGBANUA: He said, do the right thing?
CHARLIE ADELSON: -- do the right thing -- do the right thing, dude, sounds like a fucking cop that's fishing, that's where an investigator or someone's playing games. But I don't -- I don't -- he's coming up with a lot of fucking details. And I'd love to know these details, because I don't know two of the people's names they're talking about. And you may -- you may be even the wrong Katie, and then I feel even more like a dumbass.
KATHERINE MAGBANUA: Exactly. Just one -- a little quick recap, just because I don't want to like, you know -- like how did -- how did like the conversation start?
CHARLIE ADELSON: It rang, and he goes, who is -- he goes, hello? I go, hi. He goes, who is this? And I go, I'm returning a phone call. And he goes, what is this in reference to? So I said --
KATHERINE MAGBANUA: That's exact words?
CHARLIE ADELSON: Yep. He goes, what is this in reference to?
KATHERINE MAGBANUA: In reference to. Wow, those are some educated words.
CHARLIE ADELSON: Yeah. No, no, no, he was well-spoken when my mom met him. Like he goes, what is this in reference to? So I said, I'm returning a call that Simon -- I'm returning a message that Simon had left this morning.
KATHERINE MAGBANUA: That was the name, Simon?
CHARLIE ADELSON: Yeah, that was the name when he called up my office and spoke to Erika and said, listen, I gave a piece of paper to Mrs. Adelson last week with a number on it. Tell her to call it, and this is Simon.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: So I said -- I said, okay. I said -- I said, I'm returning a message from Simon. So then he knew that it was in reference to this fucking nonsense.
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: So I said, you know, like what I told you. I said, you know -- I go -- he goes, well, you -- I know that your family -- the family's been --
KATHERINE MAGBANUA: Yeah, yeah.
CHARLIE ADELSON: -- giving money --
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: He kept -- he kept referencing that, like --
KATHERINE MAGBANUA: But he --
CHARLIE ADELSON: -- we're giving all this money to a fucking family, like -- and referencing, there were two names, there's Tuto and Tuco or whatever.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: That supposedly I'm giving money to you and some other dude --
CHARLIE ADELSON: -- and your family. I don't know these people. Never met them. So it's real interesting.
KATHERINE MAGBANUA: And he's saying he's a brother -- is he brothers with this person that he's saying is incarcerated?
CHARLIE ADELSON: Yeah, he's saying he's his brother who's incarcerated. But he didn't --
KATHERINE MAGBANUA: And he's saying he's from Broward?
CHARLIE ADELSON: He said he's -- he said -- in referenced something like I was with him in Broward.
KATHERINE MAGBANUA: I was with him in Broward.
CHARLIE ADELSON: So I don't know. Is this guy incarcerated in Broward County? Is he from Broward? I don't know who these -- who these people are. But I don't like --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: -- the fact that they're referencing --
KATHERINE MAGBANUA: (Inaudible), no.
CHARLIE ADELSON: -- your name --
KATHERINE MAGBANUA: No, definitely.
CHARLIE ADELSON: -- and your family, and who -- I don't know who this dude is that you're with or if they're just making up names --
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: -- or if I -- if we should just go to the FBI and say, you know what, let's -- let's play phone tap.
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: So I don't -- you Know what I'm saying, though?
KATHERINE MAGBANUA: You should have been like, well, you're doing a lot of threats, number one. I don't know what the fuck you're talking about, number two.
CHARLIE ADELSON: Well, he never -- he never said he was (inaudible) and he was -- you know, I just wanted him to keep talking.
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: And that's why I wanted to just --
KATHERINE MAGBANUA: Yeah, to get a feeling of who the person is?
CHARLIE ADELSON: Yeah, because he wasn't like -- you know, he was wanting to know who I was, and I go, it's not important.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: And he said -- but when he left it with, yo, he goes, yo, listen, he goes, you gave him money. He has not been paid. His family hasn't been paid. It's fucking wrong. And -- or he's like, it's wrong, and he goes -- he goes, this ain't going away. He's like, do the right thing, take care of him, he helped you out. I'm like, I don't -- I go -- I go, I don't know.
KATHERINE MAGBANUA: (Inaudible). who?
CHARLIE ADELSON: I go, I don't know him. I go, my family --
KATHERINE MAGBANUA: Did you pull his teeth out or what? Like what the fuck does that mean?
CHARLIE ADELSON: I think -- listen, it could be a lot of --
KATHERINE MAGBANUA: Is he a patient?
CHARLIE ADELSON: That's a wacky --
KATHERINE MAGBANUA: It's like you run across so many people every day.
CHARLIE ADELSON: Listen, in two seconds, you read something in the newspaper or you Google a last name, and in three minutes, the homeless man today has the technology to know where you live, where you work --
KATHERINE MAGBANUA: Right. But now they're calling me in. I was in a meeting. I stepped out. Okay.
CHARLIE ADELSON: Okay.
KATHERINE MAGBANUA: Let me --
CHARLIE ADELSON: So --
KATHERINE MAGBANUA: -- let me find out who the --
CHARLIE ADELSON: Listen --
KATHERINE MAGBANUA: -- fuck is he referencing, all of this.
CHARLIE ADELSON: well, they're --
KATHERINE MAGBANUA: But I will call that number.
CHARLIE ADELSON: They're picking it up. Whether you want to call it or if you have a friend that could be convincing, because -- tell someone to like stop the shit.
KATHERINE MAGBANUA: (305)712-6570, correct?
CHARLIE ADELSON: 65 -- yeah, (€305)712-6570.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: They need to know that I'm not -- hey, I -- it's fucking stupid what they're doing.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: I'm not paying anything (inaudible) --
KATHERINE MAGBANUA: A111 right.
CHARLIE ADELSON: -- guilt Cinaudible).
KATHERINE MAGBANUA: Yeah. No. What the hell you talking about?
CHARLIE ADELSON: The only thing I want to do was collect my reward from the FBI if I know who it is.
KATHERINE MAGBANUA: Of course. No. I want these people to go -- I want these people to go to jail for like freaking like threatening.
CHARLIE ADELSON: Do you know what -- dude, do you know what kind of vacation I could get with that money?
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: I need a fucking vacation.
KATHERINE MAGBANUA: All right. Let me -- let me go and get going.
CHARLIE ADELSON: All right. I'll talk to you later. Call me later.
KATHERINE MAGBANUA: All right. Thanks. Bye.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: who is the first person Magbanua contacts after this call with Charlie Adelson?
PATRICK SANFORD: Sigfredo Garcia.
MS. CAPPLEMAN: Is this the first -- I know that the undercover said "Broward" to Donna Adelson on the bump, right?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: But is this the first time we are hearing the word "Broward" on the wire?
PATRICK SANFORD: It is. It's specifically to Katie.
MS. CAPPLEMAN: And Luis Rivera was housed in Broward, right?
PATRICK SANFORD: He was, correct.
MS. CAPPLEMAN: A fact that would have been known by Katherine Magbanua?
PATRICK SANFORD: That's correct. Her and Sigfredo both would have known that.
MS. CAPPLEMAN: All right. And Charlie Adelson says the word "Tuto" on this call, right?
PATRICK SANFORD: He does.
MS. CAPPLEMAN: Tuto, we've learned throughout the course of this trial, is a nickname for Sigfredo Garcia?
PATRICK SANFORD: Yes, ma'am.
MS. CAPPLEMAN: Is that -- is there any evidence that Charlie did know who Tuto was before this call?
PATRICK SANFORD: Yes, ma'am, there was.
MS. CAPPLEMAN: So he had referenced Tuto in the text messages before?
PATRICK SANFORD: There were text messages where he had referenced him, yes, by name.
MS. CAPPLEMAN: Knowing that that was Katherine Magbanua's child's father?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: All right. Let's go to HH. Is that a text message?
PATRICK SANFORD: Yes, ma'am.
MS. CAPPLEMAN: Okay. Tell us about that text.
PATRICK SANFORD: It's a text from Katie to -- Katherine Magbanua to Sigfredo Garcia and it's at 12:57, which is right -- a couple minutes after she hung up with Mr. Adelson.
MS. CAPPLEMAN: All right. what does the text say?
PATRICK SANFORD: It says, "Baby, call me when you can.”
MS. CAPPLEMAN: Does she wait for him to call her when he can?
PATRICK SANFORD: No, she doesn't.
MS. CAPPLEMAN: All right. Does she make a phone call II?
PATRICK SANFORD: Yes, she did.
MS. CAPPLEMAN: Okay. And is able to get him?
PATRICK SANFORD: correct.
MS. CAPPLEMAN: All right. Let's play II, please.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
KATHERINE MAGBANUA: Meeting on Friday. I guess they want meetings on Thursdays. And then I had my own meeting in a conference room. Aye, yi, yi.
Okay. I have more information for you. And when I got a call this morning, like I -- I couldn't -- I couldn't even take it. Because I had to step out of my meeting because I just heard about it and I was like -- because I got a call back-to-back-to-back. So -- hold on. Give me one second. I don't want my boss to come out. What was I going to tell you?
Okay. So this person contacted the office. Hello?
SIGFREDO GARCIA: Yeah.
KATHERINE MAGBANUA: Whatever. Supposedly, he said his name was Simon. Okay? Contacts the office saying, oh, whatever, I had given a piece of paper to this person there. Obviously somebody's doing -- they're -- whatever they're doing. They're threatening. And like they're very, very close to reporting it already.
whatever it is, he's getting pissed because my name's involved and because -- this gets better. But I'm like, you know what, cut the bullshit, just tell me everything on the phone right now because I don't have time, I'm fucking working, like what -- what is it? Like, I want to handle this and I want to handle it like right now. So they said, okay. They called the office.
I was like, look, I've tried to contact that number. It's not a working number. They're like -- I was like, why don't you go ahead and star 67 and go call the freaking number? And then whatever. That person did it. They go, okay, I'm returning a phone call.
And then the person goes, who are you? And they're like, doesn't matter. I'm returning a phone call regarding something about a paper or whatever. And then they're like, okay, well, we know you've been helping out -- they said my name and your name and I --
SIGFREDO GARCIA: wait.
SIGFREDO GARCIA: They said Kate- -- they said Katie and Tuto?
KATHERINE MAGBANUA: Yes, they say our names, that you've been helping them out. And he's like, I don't even know what the fuck they're talking about. I don't even know -- I only -- I don't even know if you're the right person that they're talking about. For all I know, jit could be another Katie or whatever. And I was like, okay. what else did they say?
They're like, oh, well, they're a brother -- they're a brother of this other person that is supposedly incarcerated. And they're a brother of them and that they know him from -- from -- from Broward. I don't know if they were together in Broward and he got out or whatever the case was. But he's like, but this family needs help. Do the right thing. Like, this -- the fact -- he's like, we know for a fact that you're helping them.
I'm like, helping who out? Yeah, I've been helped. I work for you people. Like, that's it. I was like, well, that's not helping me out. That's me working for you. And I was like, I don't know what they're talking about. So -- but they said, do the right thing.
His name is supposedly Simon. They're a brother of the person that's incarcerated, and they said that name. And I was like, no, this needs to stop. Like this needs to stop. Because somebody's harassing me, somebody's harassing your family and they're putting my name and then our -- and that other person's name. It's getting too detailed. It's somebody that knows, for sure.
SIGFREDO GARCIA: Yeah.
KATHERINE MAGBANUA: For sure. He said the other person had -- like he was trying to get him to talk more. He's like, the person has like maybe a New York accent. He -- some of the words was a little bit -- you know, like he wasn't threatening at all. He was just saying, you need -- it's time for you to help out this person and their family because he needs it because we know that you're helping out --
SIGFREDO GARCIA: So what person and what family? what person? what family?
KATHERINE MAGBANUA: Tato and his family because they need it. And then before the -- and he goes, I don't know what the hell you're talking about. And the person goes, well, do the right thing.
SIGFREDO GARCIA: well, did he tell him, well, listen, if you guys keep harassing me, we're going to call the cops?
KATHERINE MAGBANUA: That's what I said. I was like, why didn't you just say that? Oh, no, the person said, this is not going to end; do the right thing.
SIGFREDO GARCIA: Did he get information where he wanted me to meet --
KATHERINE MAGBANUA: Get the phone number. Get the phone number.
SIGFREDO GARCIA: The number that you keep giving me are the wrong numbers.
KATHERINE MAGBANUA: No, no, no. (305)712-6570. They picked up. Because I was getting tired of it. I don't know what's happening or whatever, but --
SIGFREDO GARCIA: 712-6570.
KATHERINE MAGBANUA: No, no, no. (305)712 -- 712-6570.
SIGFREDO GARCIA: That's what I said.
KATHERINE MAGBANUA: who the fuck this is, it needs to stop. They obviously know somebody. They're putting my name, they're putting your name, they're putting --
SIGFREDO GARCIA: Okay. All right. All right. All right.
KATHERINE MAGBANUA: -- and they're harassing family.
SIGFREDO GARCIA: All right.
KATHERINE MAGBANUA: Okay? All right.
SIGFREDO GARCIA: All right.
KATHERINE MAGBANUA: Are you going to work right now?
SIGFREDO GARCIA: (305)712-6750. I mean, 57 --
SIGFREDO GARCIA: Fuck. Just text it to me, man.
SIGFREDO GARCIA: Text it to me.
KATHERINE MAGBANUA: No, I don't want to.
SIGFREDO GARCIA: Just text it to me.
KATHERINE MAGBANUA: 712-6570.
SIGFREDO GARCIA: All right. Bye.
KATHERINE MAGBANUA: All right. Bye.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: So here we've got Sigfredo Garcia, the shooter, suggesting calling the cops. Did anybody do it?
PATRICK SANFORD: No, they did not.
MS. CAPPLEMAN: Okay. What happens next?
PATRICK SANFORD: Sigfredo calls Katherine back at 1:46. Actually, there was a -- there was a hangup call to the undercover, I believe.
MS. CAPPLEMAN: I think that's after KK.
PATRICK SANFORD: No, I'm sorry. That was, sorry. I got my time messed up.
MS. CAPPLEMAN: All right. So --
MS. CAPPLEMAN: -- this is just about 20 minutes later we get another call between Garcia and Magbanua?
PATRICK SANFORD: That's correct. It's at 1:46 p.m.
MS. CAPPLEMAN: Okay. Publish JJ, please.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
KATHERINE MAGBANUA: Hello. Hello?
SIGFREDO GARCIA: Hello.
KATHERINE MAGBANUA: Hello.
SIGFREDO GARCIA: Yeah. (Inaudible) a fucking phone again. But I was just going to call from my phone and then dump it Cinaudible).
KATHERINE MAGBANUA: What happened?
SIGFREDO GARCIA: I was going to call from my phone, bro, and then I was going to get rid of my phone. So I got to call it from my office.
KATHERINE MAGBANUA: No. I mean, call from somewhere else, but like -- or block it. Don't do it from your office. It's your office. You know what I mean? Do it from your phone.
SIGFREDO GARCIA: No, I'm not calling from my office. I'm calling from my phone. And just -- and then I just dump it, get rid of it. I don't know. Finding a fucking pay phone is impossible, bro.
KATHERINE MAGBANUA: No, but Cinaudible).
SIGFREDO GARCIA: All right. All right.
KATHERINE MAGBANUA: Use somebody -- use a friend's phone. (CiInaudible).
SIGFREDO GARCIA: All right.
KATHERINE MAGBANUA: Not yours. A friend's.
SIGFREDO GARCIA: Oh, all right.
KATHERINE MAGBANUA: Okay?
SIGFREDO GARCIA: All right.
KATHERINE MAGBANUA: All right. Bye.
(Audio recording concluded. )
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. Then do we have another call between the two of them at 2:09 p.m. that same day?
PATRICK SANFORD: That's correct, one more call.
MS. CAPPLEMAN: Publish KK, please.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins:)
KATHERINE MAGBANUA: What?
SIGFREDO GARCIA: (305)712-6570. You sure that's the number; right?
KATHERINE MAGBANUA: Say it one more time, 305.
SIGFREDO GARCIA: 712-6570.
SIGFREDO GARCIA: All right. Some fucking Puerto Rican answering machine shit. I don't know who the fuck -- I don't know. I'm not going to try to call them again, bro.
KATHERINE MAGBANUA: Okay.
SIGFREDO GARCIA: I need to get this fucking -- I'm going to call -- if it's a real fucking person, I'm calling them from my fucking phone. (Inaudible). A111 right. Bye.
KATHERINE MAGBANUA: Is -- remember that other one? Do you think it's that one?
SIGFREDO GARCIA: I don't know, man. TI don't know. I don't know. It sounds like a fucking (inaudible). The message sounds like a Nuyorican nigga.
SIGFREDO GARCIA: Hey, puto, I'm busy, on the answering machine. Call me back. (Speaking Spanish). Like -- like what? I don't know.
KATHERINE MAGBANUA: That's what the answering machine said?
SIGFREDO GARCIA: Yeah.
KATHERINE MAGBANUA: Shut up.
SIGFREDO GARCIA: That's what it says. I swear to God.
KATHERINE MAGBANUA: Shut up.
SIGFREDO GARCIA: Swear to God, bro. The fucking answering machine says, hey, puto, I'm busy. (Speaking Spanish). Like, what the fuck? It's like, yo, are you stupid, dude? Are you some kind of fucking moron?
KATHERINE MAGBANUA: That's what they told you?
SIGFREDO GARCIA: No. That's what the answering machine says when you call the number. No one answered the phone.
KATHERINE MAGBANUA: Hmm, okay. That's weird.
SIGFREDO GARCIA: That's odd. That's what I'm saying.
KATHERINE MAGBANUA: Very. Okay.
SIGFREDO GARCIA: Are they fucking -- are they that stupid they have to use the number, or do they pretend to be that stupid so that we think they're that stupid?
KATHERINE MAGBANUA: Okay.
SIGFREDO GARCIA: I don't fucking under --
KATHERINE MAGBANUA: Definitely Nuyorican.
SIGFREDO GARCIA: New York Puerto Rican.
KATHERINE MAGBANUA: Uh-huh.
SIGFREDO GARCIA: Nuyorican.
KATHERINE MAGBANUA: Uh-huh. Broward.
SIGFREDO GARCIA: A 305 number, so how is it in Broward?
KATHERINE MAGBANUA: No. But I'm saying, he said Broward.
SIGFREDO GARCIA: The nigga is -- that nigga ain't, nah.
KATHERINE MAGBANUA: (Inaudible).
SIGFREDO GARCIA: It sounds -- and it sounds like -- it sounds like -- it doesn't sound like -- I don't know, man. I don't know.
KATHERINE MAGBANUA: Okay.
SIGFREDO GARCIA: All right.
SIGFREDO GARCIA: Bye.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. So we do have one hang-up call to the undercover around this time, right?
PATRICK SANFORD: we did.
MS. CAPPLEMAN: Okay. And did the person leave a message?
PATRICK SANFORD: No, he did not.
MS. CAPPLEMAN: was it a known number that called?
PATRICK SANFORD: No, it was not.
MS. CAPPLEMAN: 786 number?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: And then we have the next contact here, LL, between Charlie Adelson and Katherine Magbanua. Is that that same day?
PATRICK SANFORD: That's correct, same day at 4:58 p.m.
MS. CAPPLEMAN: All right.
MS. CAPPLEMAN: Please publish LL.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
KATHERINE MAGBANUA: Hello? Hello?
CHARLIE ADELSON: Hey.
KATHERINE MAGBANUA: Hello?
CHARLIE ADELSON: So what's -- yeah. Can you hear me?
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: Okay. So --
KATHERINE MAGBANUA: Hold on. Hold on. Give me two seconds. Let me just walk out.
Thank you.
Okay. So it was weird. I called the number, right, and like the answering machine, there's like something in the answering machine now. Like, what the fuck? Like some ghetto guy, like talking on an answering machine, and said one of the names you said. Like, I don't understand the joke. I don't get it.
CHARLIE ADELSON: So it was just an answering machine, no one spoke to you?
KATHERINE MAGBANUA: No. Like they didn't pick up.
CHARLIE ADELSON: And like were they talking all --
KATHERINE MAGBANUA: And then the answering machine, all of a sudden -- I don't know, like because I can't hardly remember. Like my friend has to like find out for me, you know? And it was like they -- they said -- I don't know if they said their name was -- was whatever, Tuto or Tato, whatever shit they said on the answering machine. All of a sudden, now -- now it has an answering machine. Like a voicemail, I mean.
CHARLIE ADELSON: what did the voicemail say?
KATHERINE MAGBANUA: Like, I don't know. Let me find -- let me find out, because it's like I can't like really talk at work. And then I couldn't --
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: -- really understand.
CHARLIE ADELSON: Call -- when you call, do you call with -- with the call blocked?
CHARLIE ADELSON: Do you call --
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: Yeah, but it doesn't matter. No matter what phone you're using, it still shows -- you know?
CHARLIE ADELSON: Well, it shows -- it doesn't show who's calling, though.
KATHERINE MAGBANUA: I know. TI Know how to block a call.
CHARLIE ADELSON: Right.
KATHERINE MAGBANUA: That's not the point, but it's like --
CHARLIE ADELSON: Star 67. So I did that. It rang seven times.
I'll be there in one minute. Without Tylenol? Vicodin is acetaminophen. It's ibuprofen. It's not Tylenol. Yeah.
Okay.
KATHERINE MAGBANUA: You know, it's like, fucking lady, get the fuck out the way, you stupid ass.
CHARLIE ADELSON: Yeah. I would -- I would do this, I would, I guess, just call again later and --
KATHERINE MAGBANUA: Yeah, I'm going to say, you know what, with all this crank calling, I'm going to call from every-fucking-body's phone and fucking leaving a message on everybody's fucking phone, from everybody's phone. You want to play games? I'll play games.
CHARLIE ADELSON: Really fucking odd because they --
KATHERINE MAGBANUA: It's weird they pick up --
CHARLIE ADELSON: -- it picked up on the --
KATHERINE MAGBANUA: -- for you.
CHARLIE ADELSON: And they -- they called and -- I mean, the only thought in my head would be is -- except that one thing, maybe you could find out, or I'm going to wait a couple days and then I may call the person back. So the person was -- when they answered the phone at first, they weren't that ghetto, and as they started talking to me, they started acting -- talking more tough, but it was more of like a -- I could hear a New York accent in there. And it sounded like a white guy.
KATHERINE MAGBANUA: Yeah. No, no, no, the voicemail sounded Nuyorican, but I got to find out what's going on. But I'm saying I'm going to -- I'm going to call from somebody else's phone, because I don't want my -- because you know I use this phone for work.
CHARLIE ADELSON: Right. And -- and the thing is --
KATHERINE MAGBANUA: And the last thing I need is like somebody crank calling me.
CHARLIE ADELSON: Right. Listen, the one thing is this, either maybe that person will want to meet someone and talk to them about what their issue is, or I want to ask the person --
CHARLIE ADELSON: -- and say --
KATHERINE MAGBANUA: They're going to have an issue, because you don't just go threatening people, throwing out names.
CHARLIE ADELSON: They're -- they're saying that I'm helping a Ka- -- or not me, but my family is helping a Katie and her family and some other guy that's name began with a T that I've never -- I'm like, dude, I don't -- never met any of these people. He goes, well, you're not, but the family has been. And they've been helping them out, her and her family and this other guy.
KATHERINE MAGBANUA: You haven't met, but then they're -- like it makes no sense to --
CHARLIE ADELSON: But he's like -- he's like -- because --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: -- he asked me who I was, and I was like, none of your business. So I was almost -- well, in hindsight, what I should have said was, who -- because I have a big -- because this is a big family and there's lots of cousins.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: who -- who in my fam- -- the Adelson family is a big family.
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: So what I should have said to the guy is, who in my family, who in the Adelson family --
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: -- owes somebody money? Give me the name.
KATHERINE MAGBANUA: Yeah. Of course --
CHARLIE ADELSON: Give me the name --
KATHERINE MAGBANUA: -- we can like pinpoint it.
CHARLIE ADELSON: -- and then I will go to that person in that family and say, who did you not pay?
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: I want to know the name -- I want to know the name. The only name they keep throwing out is that this -- that this Adelson family is helping out Katie and some guy named T and their family. And this guy needs your help, and it's not right. And he's like, this problem is not going away. He goes, this is not going away. He's like, it's fucked up --
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: -- that you're not helping.
KATHERINE MAGBANUA: That's a threat right there.
CHARLIE ADELSON: Right, I'm like --
KATHERINE MAGBANUA: That's fucked up that you're not helping? Like, who the fuck are you? why the fuck -- like, who are you?
CHARLIE ADELSON: Listen, that's like me calling someone up and being like, yeah, I know you killed JFK, you need to pay me. Okay. well, guess what? You didn't kill JFK.
KATHERINE MAGBANUA: That is the wrong example. Like, what does that have to do with anything? I don't get it.
CHARLIE ADELSON: well, my point is --
KATHERINE MAGBANUA: You always use that example. Like, I don't get it.
CHARLIE ADELSON: Because look -- well, because JFK died in 1963, and you weren't born then. My point is, is that I had nothing to do with any of this craziness. I want to know who -- who in my family owes somebody money. Because I'm going to go to that person and say, what's going on? That's what I'm --
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: The next -- the next conversation I have with this person is -- is going to be me -- if it comes to it, me saying, who owes money? If someone owes money, you got to give me a name, not like --
KATHERINE MAGBANUA: Yeah, exactly. And be specific.
CHARLIE ADELSON: Tell me, who in my family --
KATHERINE MAGBANUA: Where do you want to meet?
CHARLIE ADELSON: -- my mom --
KATHERINE MAGBANUA: Who are you?
CHARLIE ADELSON: My mom -- my mom doesn't know who any of these people are. My dad --
KATHERINE MAGBANUA: NO. I want to set up --
CHARLIE ADELSON: -- doesn't know who any of these people are.
KATHERINE MAGBANUA: -- whoever this fucking person is trying to fucking say shit or do whatever it is to your family, starting to harass your family, like it's getting me mad, so fucking mad.
CHARLIE ADELSON: And I don't know -- I don't know why they keep bringing up people who I've never met. That's --
KATHERINE MAGBANUA: And, see, I don't -- that's why, it's like, who are you, number one. Okay. You need something. who are you then? what's your real name? what's your address? who do you have a problem with?
CHARLIE ADELSON: Yeah. who -- who in my family owes you money? And don't say the last name, because I'm going to go to that person and tell them, if you owe this person money, what is it about? Number one. And then I'm going to tell them, go pay them. Okay. But you got to --
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: -- tell me who to go talk to. Not like, oh, somebody with the last name Adelson. well, guess what? That's like saying someone with the last name --
KATHERINE MAGBANUA: And calling your office --
CHARLIE ADELSON: -- of Rodriguez.
KATHERINE MAGBANUA: -- and shit. Like, what is that?
CHARLIE ADELSON: Yeah, someone with the last name Rodriguez. So it's funny. well, give me the fucking first name and I will go talk to -- if it was my brother who is behind this, I'm going to fucking find out. TI mean, fuck, if it's my brother, I'll turn him in and get the reward money. My brother's a piece of shit.
So I'm saying like give me the name of who owes your friend or friend's family money. And this guy said to me, he said, listen, I was with him up in Broward. I know everything that went on.
KATHERINE MAGBANUA: I was up with him in Broward. That's what --
CHARLIE ADELSON: Talking about --
KATHERINE MAGBANUA: -- I'm trying to understand.
CHARLIE ADELSON: Yeah, something about Broward.
KATHERINE MAGBANUA: I was up with him in Broward doing what?
CHARLIE ADELSON: I don't Know. Some guy he's talking about.
KATHERINE MAGBANUA: Is it a family member? But he said he's a family member --
CHARLIE ADELSON: He said he was his brother.
KATHERINE MAGBANUA: -- of somebody who was incarcerated.
CHARLIE ADELSON: He said it was this -- that guy Tuco or whatever's brother. He said, I'm his brother who was with him up in Broward when he told me everything that happened. That's exactly what he said.
KATHERINE MAGBANUA: Who was up with him in Broward and --
CHARLIE ADELSON: TI don't know what he was --
KATHERINE MAGBANUA: -- told me everything that happened?
CHARLIE ADELSON: I don't know if he was in jail with him --
KATHERINE MAGBANUA: where was he --
CHARLIE ADELSON: -- visiting him in jail.
KATHERINE MAGBANUA: Like he needs --
CHARLIE ADELSON: I don't know if he was --
KATHERINE MAGBANUA: -- he needs to like fucking -- if -- like if people just can be fucking Googling shit or whatever it is --
CHARLIE ADELSON: Well, and that's --
KATHERINE MAGBANUA: -- and --
CHARLIE ADELSON: well, exactly. And the only reason I'm even bothering calling you is because they keep wanting to talk about you. Or if it's the wrong person, then I feel even more horrible. But this person doesn't matter. Like they're still harassing my fucking family and I want it to stop. I mean, when you -- when you meet someone face-to-face on the street, when you send them a letter, and then when you start calling their office, the next call is to the FBI.
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: And --
KATHERINE MAGBANUA: No, I agree. I would personally --
CHARLIE ADELSON: And my thing is this --
KATHERINE MAGBANUA: -- go there --
CHARLIE ADELSON: -- I don't -- I don't want anyone to go to jail. Because you know what? People get mad when they go to jail and they feel like they have to get somebody back. Same reason when -- when my jet ski got stolen, I did not -- I don't even care who fucking stole it. It's insured. Give me my money back. It sucks it got stolen. Move on. I wouldn't want to catch the guy who stole my jet ski. why? It's grand theft. I don't want to put anyone in jail who knows where I fucking live.
KATHERINE MAGBANUA: Okay. But, you know, what if this person keeps fucking saying shit and then they need to start giving information? They need to start saying something instead of giving threats.
CHARLIE ADELSON: They need to -- they need to tell me who owes the money.
KATHERINE MAGBANUA: (Inaudible) fucking psychic, nobody is a psychic. Okay.
CHARLIE ADELSON: Yeah, I mean --
KATHERINE MAGBANUA: That's their problem. Exactly.
CHARLIE ADELSON: The family has lots of members so -- or it could have been a cousin of mine, could have been my brother. Like, who owes the money and I will call that person.
KATHERINE MAGBANUA: And what money. Like who -- you know I can threaten anybody saying Cinaudible) do that.
CHARLIE ADELSON: No, but --
KATHERINE MAGBANUA: And if somebody calls my phone back, like I don't -- I'm always like, hey, who is this?
CHARLIE ADELSON: I'm just curious to see who's still interested in your family and what's going on.
KATHERINE MAGBANUA: That's why? It's like that's why you're pissing me off. It's like why -- why am I being thrown into something?
CHARLIE ADELSON: Because they weren't talking about you and some other guy who goes by T. Seems like everybody goes by T these days. But whatever the guy's other name is, he said it so quick, I don't remember. But he wasn't talking about you, your name and then some other guy's name begins with aT.
KATHERINE MAGBANUA: You're just saying too much now. I don't even know what the fuck you're saying.
CHARLIE ADELSON: I'm repeating to you what the guy said.
KATHERINE MAGBANUA: I know. T heard you the first time, but it's like now you're just --
CHARLIE ADELSON: That's the only reason -- I know but I'm saying --
KATHERINE MAGBANUA: -- just fucking repetitive --
CHARLIE ADELSON: Sorry, I always do that.
KATHERINE MAGBANUA: -- and it becomes nonsense.
CHARLIE ADELSON: The only reason I called you is because this guy is bringing you guys up which has nothing to do with --
KATHERINE MAGBANUA: I know a million people that starts with a T. I know a million. I know a freaking -- a Tony, a freaking Taco, a freaking -- bro, everybody has a nickname. Like, that's pissing me off.
CHARLIE ADELSON: (inaudible) So then -- I think I called the guy Simon or Sammy or I don't really know what the fuck I called him.
KATHERINE MAGBANUA: What the fuck is Simon? That is such a fucking white person's name.
CHARLIE ADELSON: But then like when I told my mom I called Simon, my mom goes Sammy. I go, well, it began with an S. (Inaudible).
KATHERINE MAGBANUA: Now it's Sammy. Like, oh, but then he responded. Oh, but what is your last name, what is your -- what is your address so I can send your mother a fucking letter or meet your mother in the freaking middle of the street.
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: That's going to be the next call.
CHARLIE ADELSON: Yep. Let's find him, see what -- what's his problem because he's about to have a big problem.
KATHERINE MAGBANUA: He's going to have a fucking big ass problem.
CHARLIE ADELSON: Yeah .
KATHERINE MAGBANUA: (inaudible) oh, my God, I am the fucking wrong person. TI -- God forgive him that he fucking says the wrong fucking name because now it becomes my business.
CHARLIE ADELSON: (inaudible) pick a new name next time to reference.
KATHERINE MAGBANUA: TI need that shit.
CHARLIE ADELSON: By the way, did you ever get a chance to pick up that package?
KATHERINE MAGBANUA: I fuck bitches up for no reason.
CHARLIE ADELSON: You never picked up the package, did you?
KATHERINE MAGBANUA: TI mean, I'm fucking all the way right here. Like, I got to get -- I got to get my kids. I got to see -- I'm trying to figure out if I can get out like later on.
CHARLIE ADELSON: Okay. Let me know --
KATHERINE MAGBANUA: What time do you get off work?
CHARLIE ADELSON: I'm still here and 1I'11 probably be here at least another hour.
KATHERINE MAGBANUA: Yeah, but, I mean, you're going to be home, right?
CHARLIE ADELSON: Yeah, I'll be home -- I should be home by 7:00.
KATHERINE MAGBANUA: Okay. Then you can meet me halfway so I don't have to drive all the way over there.
CHARLIE ADELSON: I know. Okay. I forgot --
KATHERINE MAGBANUA: I got to tell -- I got to tell you stuff about work anyways. I have a lot of shit that I have to tell you about work.
CHARLIE ADELSON: All right. Yeah, I've been getting bad reviews online Cinaudible). But let me --
KATHERINE MAGBANUA: Um, I do nothing but get reviews. what are you talking about?
CHARLIE ADELSON: I know. I know. Let me call you later.
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: Okay.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Next we have a text message?
PATRICK SANFORD: Yes, text message from Sigfredo Garcia to Katherine Magbanua.
MS. CAPPLEMAN: And that's labeled MM. what is the content of MM?
PATRICK SANFORD: It -- he says, "I called three times, no answer and I did not leave a message.”
MS. CAPPLEMAN: Is there any evidence that anyone called three times to the undercover phone?
PATRICK SANFORD: No, there's not.
MS. CAPPLEMAN: All right. And then we go to NN.
PATRICK SANFORD: That's Katherine Magbanua to Charles Adelson at 7:49 that same date, p.m.
MS. CAPPLEMAN: In case we lost track of the date, that's going to be April 28th of 2016?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: Publish NN, please.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
CHARLIE ADELSON: Hello?
KATHERINE MAGBANUA: Hello?
CHARLIE ADELSON: Hey, what's going on?
KATHERINE MAGBANUA: Hey. I called that number three times. The first time like we left a message in Spanish. And then for some reason like that voicemail says puto. You know what puto is; right? Like a bitch. Like, oh, this is puto. Like, why would you have that as your voicemail?
CHARLIE ADELSON: In Spanish it said, oh, this is puto?
KATHERINE MAGBANUA: Yeah, puto. Puto is like -- puto in my language is a food, a type of food, but supposedly that voicemail that they have set up, the guy says, puto, what sounds like puto.
CHARLIE ADELSON: And then what does -- what does he say on the voicemail?
KATHERINE MAGBANUA: Like it's something in Spanish. Like you've reached puto, whatever, whatever, and he -- and it's in Spanish. So he left a message in Spanish saying, whoever the fuck this is needs to fucking call me and needs to stop threatening my fucking family.
So -- and then, okay, just keep trying.
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: But they don't pick up. So now somebody's either spooked because what the fuck is going on, or I don't know.
CHARLIE ADELSON: All right. well, that's -- that's good. That's good. The person's going to --
KATHERINE MAGBANUA: Like other things are like running in my head, because like with the names who you're saying, I'm like maybe it's like somebody's trying to like be -- like, you know, try to be an informant or something or whatever. Like, you know, there were so many things like going on.
CHARLIE ADELSON: Yeah, and -- and I -- I'm thinking the same thing, too. Someone's playing --
KATHERINE MAGBANUA: But then it's like -- yeah, but then, you know, there's people you can trust and then people you can't. But then it's like, I don't know. I don't know. I honestly -- like it's like aggravating me.
CHARLIE ADELSON: But, listen, it could have been --
KATHERINE MAGBANUA: Hold on. I'm on the phone. Don't talk to me. If I'm on the phone, don't talk to me. Be quiet.
Hello?
CHARLIE ADELSON: It could have been someone reading the newspaper and playing games. Like I said --
KATHERINE MAGBANUA: Whoever it is, they're playing with the wrong person.
CHARLIE ADELSON: Yeah. And I don't know how the fuck they got your name, but they didn't use a last name. So if they --
KATHERINE MAGBANUA: Exactly. It could be anybody.
CHARLIE ADELSON: It could have been another -- another Katie and another Taco, or whoever the fuck they said. I don't even remember the name. But the point is is that they need to stop.
KATHERINE MAGBANUA: Yeah, exactly. well -- look, I'm on the phone. Okay. I don't care, but I'm on the phone right now. So don't talk to me right now.
Like my -- like I'm boiling for real right now, like you don't even understand. Like it's pissing me off. Like pick up the fucking phone.
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: Like now you don't want to pick up the phone? we're getting threats, but --
CHARLIE ADELSON: And --
KATHERINE MAGBANUA: -- you don't want to make -- you don't want to pick up the phone?
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: So it's one of two things.
CHARLIE ADELSON: Yeah. No, I got you with that. And I just -- you know, fucking calling, you know --
KATHERINE MAGBANUA: Basically he said, hey, you're messing with my family, and if you don't stop, we're going to have problems, in Spanish. So whoever it is, they're going to have a problem with us no matter what.
CHARLIE ADELSON: And they're going to have a problem with me.
KATHERINE MAGBANUA: Say what?
CHARLIE ADELSON: They're going to have a problem with me, too. I mean --
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: -- listen, you're going -- you're going --
KATHERINE MAGBANUA: Whoever it is is going to have a problem with either one of us or even if -- like, if I'm in the mix or not.
CHARLIE ADELSON: Dude, you're -- you're coming up to my fucking mom on the street. Then you're sending letters to their house. And you're fucking calling my dad's office --
KATHERINE MAGBANUA: The office, exactly.
CHARLIE ADELSON: -- leaving messages, like that's three times.
KATHERINE MAGBANUA: No, like --
CHARLIE ADELSON: Like, no.
KATHERINE MAGBANUA: Like, no, he was livid. My friend -- I told my friend, and I was like, look, can you do me this favor? Because it's like I'm not a guy and I don't know if it's me they're talking about, and I -- and then he's like, that's some fucked-up shit.
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: And he's like, don't worry, not -- like, no matter what, like whatever it is, like I'm going to handle it, point-blank.
CHARLIE ADELSON: Yeah. well, I -- I feel better. I definitely feel better. I -- I apologize for not going and getting a Hallmark card, but I -- I got a little something, so -- traffic sucks.
KATHERINE MAGBANUA: I'm just -- it -- it's -- like right now, I'm about to go to like freaking -- like I'm taking a Zumba class because I'm like -- I'm like -- I'm on edge. Like you don't understand. Like I want to punch somebody in the face so bad.
CHARLIE ADELSON: Picture yourself --
KATHERINE MAGBANUA: Like what if you were somebody's -- like I understand it and I feel for your parents.
CHARLIE ADELSON: That's on me. Don't come --
KATHERINE MAGBANUA: That's why I feel bad.
CHARLIE ADELSON: -- don't come to my parents.
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: Like my parents are fucking old, like.
KATHERINE MAGBANUA: That's what I'm saying.
CHARLIE ADELSON: Like, dude --
KATHERINE MAGBANUA: Do you enjoy doing these threats? Ask them why. Like my friend Cinaudible) he's doing this to my mom. He's doing this to your mom. And that's when he got ugly. He's like, look, I don't know what it is. I don't want to get into anybody's business, you know, but if they did mention your name, I don't like that and it's going to be handled.
CHARLIE ADELSON: Good.
KATHERINE MAGBANUA: And the fact that nobody is picking up the phone now is like frustrating me because like --
CHARLIE ADELSON: And he -- there was no voicemail before and now there is.
KATHERINE MAGBANUA: Now there is. So the next phone call is going to be the freaking number because no matter what way it ends, it's not going to be good for whoever is messing around here.
CHARLIE ADELSON: No. I mean it's -- that's it. And listen, I don't want -- I don't want some dumbass --
KATHERINE MAGBANUA: TI don't want any problems. Look at this, I'm taking up somebody else's, you know -- like I don't even know what the hell is going on.
CHARLIE ADELSON: Listen, the last thing I want to do is get some --
KATHERINE MAGBANUA: Is involve anybody else.
CHARLIE ADELSON: -- guy -- the last thing I want to do is have some guy who's trying to extort money go to jail and then feel like he's sitting in jail because of me. Like, no. Like, fucking just leave us alone. I'm not looking to send people to jail. That's not how I live life.
what's going to happen if this guy keeps doing this, the police will get involved, he'll get in trouble. I don't want --
KATHERINE MAGBANUA: Of course, you know --
CHARLIE ADELSON: And listen --
KATHERINE MAGBANUA: -- especially -- you can't be calling somebody's business. what's wrong with people?
CHARLIE ADELSON: Well, you can't be sending letters. You can't be showing up on the street.
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: Like Cinaudible).
KATHERINE MAGBANUA: (Inaudible). That's what I'm saying, it's like --
CHARLIE ADELSON: You know, or it could be someone like thinking like, oh, I didn't -- but the fact that this is a -- the next step also what I'm thinking is in a couple days, I'll call the person. Hey, do you need a name of someone in this family that owes you money? Because I'm --
KATHERINE MAGBANUA: Exactly.
CHARLIE ADELSON: -- I'm going to go pay them a visit. Give me a name. Is it my brother? Is it Robert?
KATHERINE MAGBANUA: And I'll take care of it.
CHARLIE ADELSON: Yeah. I will see that if someone owes somebody money, they will pay but you've got to give me a name because you're talking to the wrong people.
KATHERINE MAGBANUA: Exactly. You're threatening other people --
CHARLIE ADELSON: And frankly --
KATHERINE MAGBANUA: -- who are you?
CHARLIE ADELSON: Katie, I have cousins. I've gota huge family.
KATHERINE MAGBANUA: I've got to get in here. My kids are like freaking me out. I just called you to hear everything and I'm very upset.
CHARLIE ADELSON: Do you want me to -- do you want me to try to meet up with you or do you want me to just leave it for you to pick up tomorrow?
KATHERINE MAGBANUA: Yeah, if you can.
CHARLIE ADELSON: Do you want me to try and meet up with you?
KATHERINE MAGBANUA: I want to. I want to if you can. But if you can't meet up with me -- I'll call you when I get out of here.
CHARLIE ADELSON: That's okay. I was just going to work out. Tell me --
KATHERINE MAGBANUA: Yeah, I know. That's what I'm trying to do because like I can't -- I have to go and see if they have --
CHARLIE ADELSON: Go work out and call me and then --
KATHERINE MAGBANUA: I'll just have to work out in my gym.
CHARLIE ADELSON: Do what?
KATHERINE MAGBANUA: (Inaudible). Have to work out in a normal gym. (Inaudible). Hold your sister's hand. Hold your sister's hand. Bring the jacket. Hold on. I'm sorry. Don't ever let her walk by herself. You know that. You know better than that.
Okay.
CHARLIE ADELSON: All right. Hit me up --
KATHERINE MAGBANUA: It's okay, baby.
CHARLIE ADELSON: -- if you want me to meet you or you can pick it up tomorrow.
KATHERINE MAGBANUA: Okay. I'll call you in like an hour. This is an hour class.
CHARLIE ADELSON: Okay. Call me in an hour. Bye.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. Then the next call we have is 00. Can you set that one up for us, please?
PATRICK SANFORD: This is Charles Adelson to Donna Adelson at 9:47 p.m. that same day on the 28th.
MS. CAPPLEMAN: Okay. Please publish OO and we've got a couple of different clips because it's quite a long call.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
DONNA ADELSON: Hey, Charlie.
CHARLIE ADELSON: Hey, what's going on?
DONNA ADELSON: That's what I was going to say to you. How are you doing?
CHARLIE ADELSON: Good, good. I'm just working out.
DONNA ADELSON: Okay. Are you alone at your place?
CHARLIE ADELSON: Yeah.
DONNA ADELSON: So what happened this afternoon? Anything, you think?
DONNA ADELSON: (Inaudible).
CHARLIE ADELSON: But I did -- I'd rather not talk to you on the phone.
DONNA ADELSON: Yeah. Okay. So tomorrow -- I was going to tell you that actually Dad is with Jessica right now and they're almost finished but she came up with a brilliant suggestion. I was telling her that tomorrow (inaudible) bought me tickets to go to the Las Olas Food and Wine Festival. And so we have tickets. I think it's supposed to be from 7:30 to 10:30 at night. They close off the street on Las Olas.
CHARLIE ADELSON: Oh, really.
DONNA ADELSON: Yeah. So Wendi said I should bring the kids to the courthouse on our way because we won't get there at any time that I can actually Cinaudible) parking. There's parking by the Riverside Hotel, I think they said, and parking by -- in the garage by the
(inaudible).
CHARLIE ADELSON: Uh-huh.
DONNA ADELSON: And other than that, there is simply very little parking. So I said, I don't know what I'm going to do.
CHARLIE ADELSON: So you're going to just leave the car at my house and take an Uber?
DONNA ADELSON: Yeah, so that was her suggestion. She said, why don't you show up at Charlie's house and park there and take an Uber over. I said, you know what? I'm going to ask him if I can do that.
CHARLIE ADELSON: That's a good idea.
DONNA ADELSON: would that be all right with you?
CHARLIE ADELSON: Yeah. Or you can take the limo -- actually, no, the limo is getting fixed.
DONNA ADELSON: Okay.
CHARLIE ADELSON: I was going to say, just take the limo and go from there.
DONNA ADELSON: That was her other suggestion. But even (inaudible) offering Cinaudible).
CHARLIE ADELSON: I can ask Alex and see if it's in the shop.
DONNA ADELSON: No, but it doesn't matter because she suggested we just leave our car in your driveway and take an Uber to Las Olas. That would be fine, too. I just realized that we may not be able to park there. So I thought we would try to park and if we can't --
CHARLIE ADELSON: with the limo, you just get dropped off and text him when you want us to pick you up.
DONNA ADELSON: Right, right. But, you know, if it's being fixed, it's being fixed. we can use that parking spot --
CHARLIE ADELSON: Either that or just park at my house.
DONNA ADELSON: Okay. I just wanted to verify that it was okay if we did that.
CHARLIE ADELSON: Yeah.
DONNA ADELSON: So where are you going to be tomorrow?
CHARLIE ADELSON: Pembroke Pines.
DONNA ADELSON: Pembroke Pines. Okay.
CHARLIE ADELSON: It's somewhere different every day.
DONNA ADELSON: Yeah, I know. well, we have a doctor's appointment over at Cinaudible) office at 10:45 in the morning. And then we have to come back here and pick up the kids and then go back -- back up. But, yes, we thought maybe there was some way I'd get a chance to see you, but we'll see. It sounds like you're going to be busy working.
CHARLIE ADELSON: Yeah. No, I mean, nothing -- nothing big. I've got to tell you, I think I'm about -- I'll tell you when I see you.
DONNA ADELSON: Yeah, yeah, you can talk to me. Let's talk tomorrow. So if you're in Pembroke Pines and there's a chance that we can come by either on our way down or on our way back, text me -- text me an address.
CHARLIE ADELSON: The only problem is that when I -- I'll tell you where I am going, Pembroke Memorial Hospital.
CHARLIE ADELSON: I have to -- there is like zero parking. I have to come downstairs.
DONNA ADELSON: Yeah Cinaudible).
(Fast-forward.)
CHARLIE ADELSON: Six wives, I mean, six wives will make you -- two wives will make you broke. He was married six times, ten kids and 34 grandchildren and like ten great-grandchildren.
DONNA ADELSON: Wow.
CHARLIE ADELSON: So anyway -- but what I was -- so I'll tell you when I see you but it's nothing --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: -- nothing new.
DONNA ADELSON: Nothing new.
CHARLIE ADELSON: And so I'll tell you when TI see you.
DONNA ADELSON: Yeah, we'll talk later.
CHARLIE ADELSON: But I will tell you -- I will tell you one thing.
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: I'm about 99 percent sure.
DONNA ADELSON: That it's what you thought originally? That it's what you told me earlier?
CHARLIE ADELSON: Uh-huh, yeah. I'm 99 to -- I'm 99 percent sure that's what it is and I'll tell you why. The number one reason is this, too well-spoken.
DONNA ADELSON: Yeah, the language.
CHARLIE ADELSON: No threats.
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: And I made it clear like I don't know -- I don't know who these people are. Like he, the person seemed surprised. I mean, really. He was like, really? I go, yeah. I'm like -- I'm like, listen, I don't know who these people are that you're talking about.
So -- and then he took the route of like, you know, like, you're going to take care of so-and-so, you're taking care of this family. I go, no one's taking care of anybody. I said -- he left it with me to do the right thing.
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: That's not language --
DONNA ADELSON: No, I know.
CHARLIE ADELSON: -- that's -- when someone says, do the right thing -- and I'm going to tell you something. The thing about a high school -- you know, a high school fight or a high school threat, I'm going to kick your ass after school.
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: I mean, just that simple. I mean, listen, you're going -- that's just how people talk. Your dog shits on the carpet, I'm going to kill him. I'm going to beat your ass. Like, you know what I'm saying?
Like I even talk like that about them. Like you need to just smack his ass. Like that way he hears the threat. Do you notice the one thing missing from everything? Never once, never once was there a threat.
Do you notice the one -- Mom, that's the most -- I mean, even if you don't mean it -- I mean, I'd say to Ben, I'm going to kick your ass if you hit me again. Do you know what I'm saying?
DONNA ADELSON: Sure.
CHARLIE ADELSON: why -- that's -- that's not an accident because that's the first thing you tell someone is, I'm going to --
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: -- I'm going to beat your ass, or, I'm going to do this. I'm going to break your legs, or, I'm going to do this. Like, do you notice not one time has there been a threat, even an implied threat, like your health or your -- anything like that.
(Fast-forward. )
CHARLIE ADELSON: You know, I mean, it's just people. But no, I -- that's the other thing, I am so sure that it's that and it makes -- it makes complete sense given a couple things. One, the timeline.
DONNA ADELSON: Uh-huh, that's what I thought of, too.
CHARLIE ADELSON: Two years later?
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: I mean, you have to understand, they want -- and listen, if I had any information, I would -- I would talk. I would help out. TI don't have anything.
But you've got to understand, without a question, without a question, I would be beyond shocked if the family doesn't hire their own private investigators.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: Okay. I would be beyond shocked. But really what are they going to do? They have to -- they're not going to be able to go knock on a door and go, hey, did you do this? Oh, okay. Just thought I'd stop by and ask. They have to come up with a plan that's going to stir the pot so that if there is something going on -- like what are they looking to -- what are they looking to achieve? what are they looking to -- you've got to say to yourself, what are they looking to get out of doing this nonsense?
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: If it's money, I'1l1 be shocked. Because the way you collect money is you go to someone and you tell them what you're going to do to them and you give them 48 hours. And you tell them where to meet somebody, who's going to drop it off, and if there's any nonsense, you know, this is -- X, Y, and Z is going to happen to you. That's it. And you get one of us -- you can get one of us but someone else will take you out. Like it's done with such precision and being ruthless. Do you know what I'm saying?
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: So what happens is it squeezes somebody and they don't have a choice to think straight. And they just go and they give you the money. You know what I'm saying? Like even if you're innocent -- it's like someone saying to me, listen, I'm going to the Board of Dentistry tomorrow unless you walk in your back office and write me that check. I am writing to the Board of Dentistry tonight when I go home and filing my complaint and I will sue you tomorrow, I promise you, if you don't write that check back. It puts you on -- it puts you on the fence real quick.
DONNA ADELSON: Yes.
CHARLIE ADELSON: You remember that lady whose mom wanted the whole case --
DONNA ADELSON: Oh, I know.
CHARLIE ADELSON: -- refund what she spent? And she goes, I want the money for everything. And I said, we already agreed that I would give you the money for whatever failed. She goes, yeah, but now --
DONNA ADELSON: (inaudible).
CHARLIE ADELSON: Yeah. She goes, no, I want the money for absolutely everything. I already spoke to my attorney. There will be a lawsuit filed and a board complaint filed before the end of this week if I'm not able to pick up that check. Do you understand? Listen, the work was fine. Over half the work took. what do you think I did? I wrote the check.
DONNA ADELSON: Yes, it's not worth the aggravation actually.
CHARLIE ADELSON: So but that -- but I'm thinking to myself, these people aren't looking for a check. They're not. What do they want you to do? what's the one thing they want?
DONNA ADELSON: Well, they want to know what happened. And they're barking up the wrong tree.
CHARLIE ADELSON: TI got it, but they don't know that. So what do you think is the one thing they want? They want everybody to start talking.
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: They want you to hand-deliver yourself -- because they think you know something -- but they want you to handle-deliver yourself and start talking as much as you can when you walk in.
Because otherwise -- if they were to just come to you tomorrow and say -- I mean, they'd get the same result, but I'm saying if the cops were to come to you tomorrow and say, Donna, come down to the station with us, we need to talk to you, you'd be like, you know what, I don't need this aggravation. Give me your business card. If I can help you or I hear of anything, I absolutely will. Right?
DONNA ADELSON: Right.
CHARLIE ADELSON: That's what the answer would be. But if you go ahead and you make it seem like, you know, you're being extorted or blackmailed or any -- or something crazy like that, then what are you going to do? You're going to run down there and start talking yourself.
DONNA ADELSON: TI guess.
CHARLIE ADELSON: Exactly.
DONNA ADELSON: It's very clever of them, but
(inaudible).
CHARLIE ADELSON: What's that?
DONNA ADELSON: It's clever of them, if that's the
(inaudible).
CHARLIE ADELSON: These are not -- first of all, this is not someone who started -- this is not someone who started doing this yesterday.
DONNA ADELSON: Yeah, I know.
CHARLIE ADELSON: So this is not -- this is not someone who's dumb. This is someone who's super smart. And they know -- listen, a lot of times this is what -- this is what goes on. If someone comes -- you know.
But it's real odd that it's a year -- the amount of time that's passed is insane. I mean, that would be like having a dental office and being like, you know what? I didn't get paid on that case from four years ago. Let me turn it over to collection. At four years, how did you not realize that you aren't paid on a case that you did four years ago? None of it makes any sense, I mean --
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: That's why I think it's more that --
DONNA ADELSON: (Inaudible).
CHARLIE ADELSON: -- without a doubt -- notice the lack of threats?
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: I mean, there's -- Mom, there's no threats. I mean, soon you'll be fucked? Like what does that mean? Someone's going to write a bad review on Google tomorrow? You know, I mean, it's almost like they were afraid to say that they're going to break your -- like almost like it can't go in that -- they can't do that because once they do that, they're going to cross lines that they themselves can't cross. You know what I'm saying?
DONNA ADELSON: I just hope they don't go and bother wendi.
CHARLIE ADELSON: well, listen, if they do -- I mean, listen, they've bothered us enough. If they bother anymore, we're not far from just going to the police. I mean, wendi will go to the police, too.
DONNA ADELSON: That's right.
CHARLIE ADELSON: I mean, and that's the other thing, too --
DONNA ADELSON: Like when I spoke to Dad, he said, you know, we don't see them -- say anything because the last thing we want to do is aggravate Wendi --
CHARLIE ADELSON: well, I don't want to scare her.
DONNA ADELSON: TI don't either.
CHARLIE ADELSON: She was scared from day one. She's finally over being scared.
DONNA ADELSON: Right. If she heard this, she would be beside herself.
CHARLIE ADELSON: Absolutely. And, you know, the thing with this, Mom, is that everybody handles every situation differently. It's like, somebody has a death in the family. And if they don't act devastated and everything else, well, does it mean that they were responsible for it? No.
DONNA ADELSON: Right.
CHARLIE ADELSON: I mean, everybody handles tragedy differently.
DONNA ADELSON: Right.
CHARLIE ADELSON: Or confrontation. I mean, some people -- you know, it's like fight or flight. Some people are confrontational. Some people are like, have a nice day. Some people just turn their back and walk away. Some people ignore you. You know, you get -- and none of them -- and who is to say what's right and who is to say what's wrong?
DONNA ADELSON: No, everybody -- everybody's different.
CHARLIE ADELSON: You know, there is nothing --
DONNA ADELSON: But that's what -- my original feeling was to go to the police. But Dad said, we've got to protect wendi. She would be devastated.
CHARLIE ADELSON: Yeah, I don't want Wendi to then get stressed and now then worry about her safety.
DONNA ADELSON: Right, exactly.
CHARLIE ADELSON: SO no --
DONNA ADELSON: we'll keep it from her. I don't want her to be upset. And, you know hopefully whatever (inaudible) will just stop.
CHARLIE ADELSON: well, it's funny. I called -- I called Katie and I said to her, listen, I said, you're not the only Katie I know. You know, I know other Katies, but I've known you a long time. TI don't know if they keep referencing you -- and I told her, I said, if I'm wrong and they're referencing somebody else, because it is a common last name -- or a common first name, they didn't tell me a last name. And I said, if you're the wrong person, then I feel horrible that they're trying to bring you into this or whatever.
But she had -- she told me she had somebody call. And the voicemail wasn't set up before and then she called a couple -- she called a couple times actually. She blocked her number, she called a couple times. And then it was on -- and then the voicemail was set up and it was in Spanish.
So she has a friend of hers who left a message for that person -- for that person to -- I think it was a guy that she had call him. I think. TI don't know for sure. But I think the guy was not very happy and let the person know it on their voicemail and basically told them on the voicemail what, you know -- basically, you need to stop running your mouth or you're going to be having a very, very, very, very, very big problem and asked that person to give them a call. That's kind of the message I got this afternoon.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: And supposedly her friend was very angry, very, very angry. And the voicemail is in Spanish, so the person spoke to them in Spanish and basically told the person that -- what they got coming to them and call him back so they can have a little word with them. So that's -- that's what I heard this afternoon.
DONNA ADELSON: All right.
CHARLIE ADELSON: So but it's definitely -- when I spoke to the person, definitely had a New York accent.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: Oh, yeah. No, it's not -- and then that person was the same voice on the voicemail. So I think that it's somebody playing games and fishing.
DONNA ADELSON: Hmm.
CHARLIE ADELSON: Because it's the same -- it's the same guy, it's not -- and the person is doing an awful -- awful bad job of hiding who they are. You've got to remember something, too. If somebody is going to do something, they don't -- when they come to you, they're going to come to you with a hat and glasses.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: They don't want you to see who they are. The whole thing that I told you before, it doesn't -- it doesn't pass the -- you know, if you look at -- there's 15 different things from the language, the fact that there's no threats, the fact that the person's using devices that they could easily be traced to, the fact that the person's language -- the last thing they said to me was, do the right thing. That is not -- that is like --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: That, that --
DONNA ADELSON: (Inaudible) .
CHARLIE ADELSON: Do the right thing. what is this, like a stay-in-school speech?
DONNA ADELSON: Yeah.
CHARLIE ADELSON: Do the right thing. And the person wasn't angry. I mean, they were pretty calm talking to me. I was real nice to them. And TI said, listen, the truth is I'm trying to figure out what's going on. what's this about? But I don't -- I think it's a bunch of nonsense. And I don't -- I don't want to scare wendi. If they do --
CHARLIE ADELSON: -- if they do approach her, then at that point, you know -- at that time point, just go --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: -- to the police.
DONNA ADELSON: Go to the police and let -- okay. Let me let you go work out.
CHARLIE ADELSON: I thought you'd find that -- I thought you'd find that interesting.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: Do you find it a little interesting or not really?
DONNA ADELSON: Oh, yeah.
CHARLIE ADELSON: So yeah, I mean, it's -- mom, trust me, someone telling me do the right thing, that's when someone's appealing to your sensitive like -- when someone's saying do the right thing, it's like saying come on help me out. People -- I mean, if it's -- if they are who they say they are, they don't appeal to your good nature and say come on help me out. They want to get dialogue.
And I told him, I'm like, I don't help anybody out that I don't know. I said then if you're not helping anyone out -- and they're pretty much at the loss of what these calls are about. And then he was like, you don't know who any -- they don't know who any of these people are? And I'm like no, sorry.
So but, you know, the next thing will be we'll see what happens. A couple of days from now if I have to, I'll reach out again to this person and ask them -- because I got to tell you, I'm curious to know who from my family has this whoever this guy is that he's saying he knows spoke to. That's why I think it's also nonsense because the --
DONNA ADELSON: Yeah, I don't think it ties to anybody.
CHARLIE ADELSON: Yes, no. What I want to know is -- you know, I mean, obviously we have cousins and close family friends we have. You know, I got a brother up in New York. But like I want to --
(Fast-forward. )
CHARLIE ADELSON: I won't reach out unless they -- if they show up again, but, you know, whether it's a letter or whatever. But the point is somebody's being paid a lot of money to do a job, right? So they're trying to investigate. How do you get the investigation going? You stir the pot and you see what comes up from the bottom.
DONNA ADELSON: Yeah. (Inaudible).
CHARLIE ADELSON: (Inaudible) if that's what it is, they're doing --
DONNA ADELSON: It's the wrong pots.
CHARLIE ADELSON: They're doing -- yeah, listen, you got to put yourself on the other side.
DONNA ADELSON: Yeah, no, that's true. That's true.
CHARLIE ADELSON: If this is your family member, you wouldn't hire a private investigator. You hire someone or whoever they're trying to Cinaudible). It's someone saying, hey, let's see if they have -- I mean, listen, they throw theories out there. Okay? This is probably one of their theories is that someone in our family paid for something to be done, right? So if they paid, it would make sense that someone is coming back for more money. So let's, you know, make up some sense or make up some names or do something like that and see if all of a sudden, it's -- and listen, it's -- you know, let's -- does it either, A, bring them to the police so they can sit down and them tell us what they know, which is fine, tell them what we know or do you go ahead and --
(Fast-forward: )
CHARLIE ADELSON: They will show up to claim their prize. Then they'd have to go out and kick doors down. (inaudible). It's like you're really funny. It's like 90 people they roped up with that. So listen, I -- it's a good idea. I just think they are barking up the wrong tree. But the -- if they go -- listen, if they go to wendi, it defeats the purpose of like Cinaudible) not stressing her out and she'll be the first one to go to the FBI Cinaudible).
DONNA ADELSON: Uh-huh.
(Audio recording concluded.)
JUDGE EVERETT: Ms. Cappleman, before you continue --
MS. CAPPLEMAN: Should we have a stretch break?
JUDGE EVERETT: -- we are going to have a break. Members of the jury, the bailiff will take you to the jury room.
(Jury exists courtroom.)
JUDGE EVERETT: We'll resume with the testimony in ten minutes. Please use the restroom or stretch your legs, if you need to now.
(Court in recess.)
JUDGE EVERETT: You can be seated.
Hopefully, everyone is ready for the stretch drive of the State's examination.
Are they ready back there? Okay.
MR. ZELMAN: Judge, while we're waiting for the jury, can we approach on a scheduling issue?
JUDGE EVERETT: Go ahead.
(Sidebar conference held as follows:)
JUDGE EVERETT: Go ahead.
MR. ZELMAN: Just given the time and Ms. Cappleman indicating it will be about another hour with the calls, I'm concerned about the Defense starting the Cross of Special Agent Sanford just given how long this process is with the wires. It would be our preference to possibly break early today, give us the opportunity to met with Mrs. Adelson about the recording and then start fresh with the jury for Cross.
JUDGE EVERETT: All right. State?
MS. CAPPLEMAN: It's up to you, Judge. It has been tedious.
MS. FULFORD: That's a fine word.
JUDGE EVERETT: I assume -- I assume with a purpose, but that is the role of the advocates. we'll end early.
MR. ZELMAN: Thank you.
Ms. Cappleman just gave me the sheet from my client's planner. I'm going to go get the original planner from our evidence box in the conference room just so I can make the comparison.
JUDGE EVERETT: That's fine.
MR. ZELMAN: Thank you.
(Sidebar conference concluded.)
(Jury enters courtroom.)
JUDGE EVERETT: Everyone can be seated.
Members of the jury, as a matter of scheduling, I have been discussing this with the attorneys, we will have a bit of a shorter evening. The State does have some additional matters to conclude with Agent Sanford, but I believe we will have our recess a little bit earlier in the evening.
You may continue.
MS. CAPPLEMAN: All these promises you make.
JUDGE EVERETT: well, the other way of saying it is we're going to hold you captive listening to phone calls. However, the pleasant way is the end is near.
Ms. Cappleman.
MS. CAPPLEMAN: The torture will continue until morale improves.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. Let's skip to RR. Could you --
MS. CAPPLEMAN: Dugan. ~=BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Could you set up RR for us, please?
PATRICK SANFORD: Yes, it's on 4/29, the day after all the calls we just listened to, and it's Katherine Magbanua to Charles Adelson at 3:03 p.m.
MS. CAPPLEMAN: Okay. RR, please.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins:)
CHARLIE ADELSON: Hello?
CHARLIE ADELSON: Hey, what's up?
KATHERINE MAGBANUA: Your phone was weird. It was like -- it was doing like a dial tone.
CHARLIE ADELSON: Yeah, it was weird. I tried picking it up and no one was there.
KATHERINE MAGBANUA: (Inaudible). Now, I was going to tell you that (inaudible).
CHARLIE ADELSON: That you what?
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: Okay. (Inaudible).
KATHERINE MAGBANUA: (Inaudible). Huh?
CHARLIE ADELSON: (Inaudible). Are you at the gas station or are at the house now?
KATHERINE MAGBANUA: (inaudible) actually.
(inaudible).
CHARLIE ADELSON: Sounds good. Boring day. Boring day.
CHARLIE ADELSON: Boring. Yeah. (Inaudible).
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: Listen, I thought really hard.
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: I thought really hard. I didn't know what a married man with kids wants for his birthday. So I thought if I was married and I had kids, what would I want for my birthday?
KATHERINE MAGBANUA: A fucking dildo?
CHARLIE ADELSON: Exactly.
KATHERINE MAGBANUA: That's what you did?
CHARLIE ADELSON: But I forgot to get -- I didn't have time to get a card from Hallmark to say exactly what I wanted to say, so...
KATHERINE MAGBANUA: You're never good at expressing yourself anyway.
CHARLIE ADELSON: TI never get anything for myself anyway. But anyway, I think -- I think it's -- I think I hit the nail on the head with the birthday present.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: I think I hit it -- I think I hit it out of the park.
KATHERINE MAGBANUA: Really? Wow. Cinaudible). what was I going to say? (Inaudible).
CHARLIE ADELSON: No, no, no, the other day I told Bud that you may stop by. You want to go to grab something.
KATHERINE MAGBANUA: Oh, okay. Because like I just don't want anybody to Cinaudible). what the fuck are you doing? I'll be like, hey, what's up? Can you like roll this for me?
CHARLIE ADELSON: So tell me -- call -- how far are you from my house?
KATHERINE MAGBANUA: Like right now?
CHARLIE ADELSON: Are you there now?
KATHERINE MAGBANUA: I'm about to.
CHARLIE ADELSON: Okay. Call me after you -- you open it. It's Cinaudible).
KATHERINE MAGBANUA: So the number, the number, enter, open and then I come out?
CHARLIE ADELSON: Take your shirt off. Take your shirt off. Read the number.
CHARLIE ADELSON: Take your shirt off so you can read the number that you wrote down.
KATHERINE MAGBANUA: Aye, you're so stupid. You're so stupid.
CHARLIE ADELSON: Wouldn't it be easier to just write it on your hand so you don't have to get undressed to remember the number?
KATHERINE MAGBANUA: You're a fucking idiot. You're just so weird. I don't know, man. Just sometimes, I don't know. I don't know. Some people think --
CHARLIE ADELSON: I can be good-looking or I can be smart. I choose to be good-looking.
KATHERINE MAGBANUA: who told you that lie, bro?
CHARLIE ADELSON: Listen, it wouldn't be fair to everybody if I was good-looking and smart.
KATHERINE MAGBANUA: Oh, this is Cinaudible).
CHARLIE ADELSON: Just making me good-looking.
KATHERINE MAGBANUA: (inaudible). Is your camera
(inaudible).
CHARLIE ADELSON: Is my what?
KATHERINE MAGBANUA: Is your camera Cinaudible). Camera.
CHARLIE ADELSON: Oh. Oh, yeah.
KATHERINE MAGBANUA: Camera.
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: Okay. (Inaudible) like freaking picking my nose and shit.
CHARLIE ADELSON: Don't be deranged.
CHARLIE ADELSON: Cameras, cameras everywhere. The Range, the Range is (Cinaudible).
KATHERINE MAGBANUA: I'm fucking small.
CHARLIE ADELSON: what?
KATHERINE MAGBANUA: I'm small.
CHARLIE ADELSON: What's small?
KATHERINE MAGBANUA: I'm small.
CHARLIE ADELSON: Oh, your Range looks good, doesn't it?
KATHERINE MAGBANUA: Huh? Yeah. Hold on. Stay on the phone with me.
CHARLIE ADELSON: All right.
KATHERINE MAGBANUA: Damn, you know what's a come up? This Ferrari over here.
CHARLIE ADELSON: Ferrari. You spent how much on the Ferrari, and you said it was your dream car? Just think if you spent the same thing on a ring, you get your dream girl, Cinaudible) my dream girl's 19.
KATHERINE MAGBANUA: (inaudible) Jesus Christ
(inaudible).
CHARLIE ADELSON: It's an air freshener.
KATHERINE MAGBANUA: Oh, my God. what the fuck. I don't want to look at it now. (Inaudible) Ferrari. That's would have been a good present.
CHARLIE ADELSON: (Inaudible).
CHARLIE ADELSON: Yeah, that's just what you needed to do, bring a Ferrari home as a birthday present.
KATHERINE MAGBANUA: Yeah. Did you double-bag it.
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: Okay. All right. Smelly. Let me -- the fucking Cinaudible) trunk.
CHARLIE ADELSON: Did you open it?
CHARLIE ADELSON: You just put it in your trunk?
KATHERINE MAGBANUA: I'm about to.
CHARLIE ADELSON: (Inaudible).
CHARLIE ADELSON: (Inaudible).
CHARLIE ADELSON: Hold on one second. Cinaudible). You're welcome. Okay.
KATHERINE MAGBANUA: Oh, my God. It's so
(inaudible).
CHARLIE ADELSON: Did -- did you open it?
KATHERINE MAGBANUA: No, I didn't.
CHARLIE ADELSON: All right. Then you're going to open it when you get home?
KATHERINE MAGBANUA: why? what else is there? Like fucking Cinaudible).
CHARLIE ADELSON: There is a gift card -- gift card.
KATHERINE MAGBANUA: (Inaudible) freaking Hummer is that?
CHARLIE ADELSON: It shouldn't be a Hummer (inaudible). where's the hummer?
KATHERINE MAGBANUA: Or a fucking truck or whatever in Bud's yard.
CHARLIE ADELSON: Oh, Bud's got a jeep. It's a badass -- it's blue. He's got like a four-door like.
KATHERINE MAGBANUA: Yeah, low ass Jeep.
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: Damn, I almost feel like going by a farm store. You know how ironic we both live next to a farm store?
CHARLIE ADELSON: (inaudible). You live by a farm store, too?
CHARLIE ADELSON: You live by a farm store, too?
KATHERINE MAGBANUA: Yes. I've been Cinaudible).
CHARLIE ADELSON: Farm stores are great.
KATHERINE MAGBANUA: Oh, my God. It's so fucking hot. This would be a great beach day. TI should have just jumped on your boat.
CHARLIE ADELSON: You can take the boat anytime. Honestly.
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: And FYI, also --
KATHERINE MAGBANUA: No, no, no, I'm going to buy my own, Okay? I don't need anybody's hand-me-downs. That's yours.
CHARLIE ADELSON: Dude --
KATHERINE MAGBANUA: what's yours is yours and I -- I don't want to mess with anything.
CHARLIE ADELSON: So you want me to sell you my boat?
KATHERINE MAGBANUA: No, it's okay. I'll look for one, man.
CHARLIE ADELSON: Mine's probably not fancy enough anyway.
CHARLIE ADELSON: But if you --
KATHERINE MAGBANUA: Man, you know what? I wish -- I really wish you would have given me that bubble. I miss that car.
CHARLIE ADELSON: You think so.
KATHERINE MAGBANUA: Yeah, you don't miss it?
CHARLIE ADELSON: Ah --
KATHERINE MAGBANUA: It gives people character to have that type of car?
CHARLIE ADELSON: You know what I didn't like about it, I got pulled over a few times. People profile you in that car.
KATHERINE MAGBANUA: Of course, but I remember one day you go and went in the office and you said I was like what is up with this dude, like, fucking -- you look like a hobo. Like I've heard things about you and I'm like (inaudible). And your hair was like, oh, I haven't gotten a haircut and you're like I have no AC. And I'm just like wow, what the fuck? I've got AC in my car. (inaudible) and you were driving my car (inaudible). You (inaudible) I would have been like, oh.
CHARLIE ADELSON: Yeah, I loved that bubble. The only thing with the Range, I mean, you have to trade it out. The only thing that I think, brakes is like $3,000 now, $4,000.
KATHERINE MAGBANUA: No, I already have any heart set on what I want to get.
CHARLIE ADELSON: what do you want to get?
KATHERINE MAGBANUA: TI want to get a freaking Escalade. Cause I'm either going to get the Escalade or I'm going to get the fucking -- a Suburban. Like I have my heart set out on it so.
CHARLIE ADELSON: Yeah, and I could tell you something else since that car was made in like '04 when they weren't looking to save money on like gas and shit, my Range Rover gets like nine miles per gallon. I've never driven a car that bad on gas.
KATHERINE MAGBANUA: Oh, yeah, no.
CHARLIE ADELSON: It makes (inaudible) like the fucking, like a sip of gas Cinaudible) so well, I'll tell you what, we'll figure something out, see what we can do about cars in the future Cinaudible) and just figure it out. I mean, right now it's nice and that no car payments.
KATHERINE MAGBANUA: Yeah, no.
CHARLIE ADELSON: Honestly you talk -- you talk to people and the two biggest expenses they have outside of child care are house payments and car payments.
(inaudible).
KATHERINE MAGBANUA: Oh my shit, I completely -- you know what, honestly --
CHARLIE ADELSON: Hey, can I call you -- let me call you (inaudible). Okay.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: So here again, is Charlie Adelson friendly with Katherine Magbanua?
PATRICK SANFORD: Yes, very.
MS. CAPPLEMAN: And also friendly toward Sigfredo Garcia?
PATRICK SANFORD: Yes, he was.
MS. CAPPLEMAN: Indicating he's got a birthday gift that he's procured for Garcia?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Okay. And offering Magbanua a Range Rover?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: I want to skip ahead to May 4th, 2016. Is there another final attempt at a bump?
PATRICK SANFORD: Yes, there is.
MS. CAPPLEMAN: Could you tell us about that, please?
PATRICK SANFORD: A text message was sent from the undercover to Mrs. Adelson's cell phone at early in the morning, late at night, 2:09 a.m.
MS. CAPPLEMAN: what's the content of the message that was sent?
PATRICK SANFORD: So the text read, "So you don't take me serious. You think I'm playing. You have some puta call me to see if I'm for real. If you think what Katie baby daddy did for you can't come back, you're fucking crazy. I want the” -- there's actually I believe a dollar sign there --
MS. CAPPLEMAN: I want the money.
PATRICK SANFORD: -- "now or I'm going” -- sorry -- “or I'm going after the 100K!"
MS. CAPPLEMAN: Okay. And are there a few calls generated by that particular bump?
PATRICK SANFORD: Yes, there was.
MS. CAPPLEMAN: Could you set up SS for us?
PATRICK SANFORD: Yes, it's the same day as the -- as the text message. Text message, like I said, was at 2:09 a.m. on the 4th. That morning at 9:08, Katie Magbanua calls Charlie Adelson.
MS. CAPPLEMAN: Okay. So this would be right at the, like -- oh, I see. So about seven hours later?
PATRICK SANFORD: Correct, about seven hours later that morning.
MS. CAPPLEMAN: All right. Thank you.
MS. CAPPLEMAN: For this one, we'll publish Ss starting at 12:45, please.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: And I think this call is going to be a follow-up on the gift for Garcia; is that right?
PATRICK SANFORD: I believe it is.
MS. CAPPLEMAN: Okay.
PATRICK SANFORD: I don't believe they've talked yet.
MS. CAPPLEMAN: All right.
MS. CAPPLEMAN: Let's play SS.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
KATHERINE MAGBANUA: It's in my purse at home. Like in my other purse. I put it in like another bag.
CHARLIE ADELSON: So you haven't opened -- you haven't opened up the Publix bags?
KATHERINE MAGBANUA: No. why?
CHARLIE ADELSON: There's a --
KATHERINE MAGBANUA: I'll open it later. You're scaring me, bro.
CHARLIE ADELSON: No. It's not like I put a fucking hamster in there.
KATHERINE MAGBANUA: Okay. (Inaudible) yeah, I don't want something that dies.
CHARLIE ADELSON: I got him a guinea pig for his birthday.
CHARLIE ADELSON: He's been in there for three weeks in your trunk.
KATHERINE MAGBANUA: You're an asshole. Okay. I got to get in.
CHARLIE ADELSON: Okay. Hey?
KATHERINE MAGBANUA: Yeah. (inaudible).
CHARLIE ADELSON: (Inaudible). It was supposed to be a birthday present for somebody, if you know (inaudible) birthday.
KATHERINE MAGBANUA: TI mean, his birthday is still, going on still.
CHARLIE ADELSON: Well, bummer. well, would it be okay if you told him it was from me or do you think that's a bad idea?
KATHERINE MAGBANUA: Um, I don't know.
CHARLIE ADELSON: well, take a look and then you can tell me.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: Open the fucking thing. There's a very nice gift card in there.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: I tried to Cinaudible).
KATHERINE MAGBANUA: You're a fucking weirdo.
CHARLIE ADELSON: I know.
KATHERINE MAGBANUA: You know what he said -- he told me? Oh, my God, and I felt so bad. Like he's like, bro -- like cause my mom always, always gets hima present, right? well, he figured out -- like, you know, she takes him out for dinner and shit, whatever. My mom always does that like for him.
And he -- he's like, wow, nobody ever gets me a present, because he knew I didn't get him a present. He's like, nobody ever gets me a present. I'm like, bro, you're not ten years old anymore. Like get over it.
CHARLIE ADELSON: TI got --
KATHERINE MAGBANUA: I'm not fucking getting you a present.
CHARLIE ADELSON: well, guess what, I actually did.
KATHERINE MAGBANUA: well, thank you.
CHARLIE ADELSON: You're welcome. So open it up. If you think it's okay to gift to him if he's old enough, then give him the present, okay?
KATHERINE MAGBANUA: Is it a fucking pocket rocket?
CHARLIE ADELSON: If you think it's not, then don't do it.
KATHERINE MAGBANUA: Is it a pocket rocket?
CHARLIE ADELSON: Just make sure it's just in a safe place. I got to run Cinaudible).
KATHERINE MAGBANUA: You better run. (Inaudible) supposed to be impact (inaudible).
CHARLIE ADELSON: You just squirt coconut water on your face Cinaudible).
KATHERINE MAGBANUA: (inaudible).
CHARLIE ADELSON: Is that what you said?
CHARLIE ADELSON: Yes.
KATHERINE MAGBANUA: What -- what did you --
CHARLIE ADELSON: TI said you should squirt coconut water on your face.
KATHERINE MAGBANUA: (Cinaudible).
CHARLIE ADELSON: Don't forget to look it up. Bye.
KATHERINE MAGBANUA: Bye. Cinaudible.)
(Audio recording concluded.)
MS. CAPPLEMAN: All right. Can we publish TT, please. And we start at 4:55 on this one.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
CHARLIE ADELSON: I got -- he's got the drugs, he's fine. Let him get started on it.
And if you don't think it will cause anything, you can tell him it was from me when you open up the present.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: Remember the person who said --
KATHERINE MAGBANUA: You're scaring me. I'm going to go down -- I'm going to the -- I'm going to open it now before -- I don't know, because you're scaring me.
CHARLIE ADELSON: Is it in your car or is it in your house?
KATHERINE MAGBANUA: It's in my house. But like I --
CHARLIE ADELSON: Where are you?
KATHERINE MAGBANUA: -- I hid it.
CHARLIE ADELSON: well, go fucking look what's in there and tell me if it's okay --
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: -- for his birthday present.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: All right?
KATHERINE MAGBANUA: Where's my birthday present?
CHARLIE ADELSON: You get nothing.
CHARLIE ADELSON: All right. I'll talk to you later. I got you tickets to the concert and a limo.
KATHERINE MAGBANUA: I know. Thank you. TI even said thank you.
CHARLIE ADELSON: (Inaudible). It's not your birthday yet. You wait your turn.
KATHERINE MAGBANUA: Yes, whatever. Yeah.
(inaudible).
CHARLIE ADELSON: I would feel --
KATHERINE MAGBANUA: It's your goddaughter -- it's your goddaughter's birthday at the end of the month.
CHARLIE ADELSON: Oh, yeah? I've got all these people that want me to adopt them.
KATHERINE MAGBANUA: You already know my kids.
CHARLIE ADELSON: Oh, yeah. I've got like 60-year-old women in offices asking -- saying, where's your kids? I go, I don't have any. They go, can you adopt me? I don't need a Father's Day card. I've got (inaudible) that wants to be adopted. I've got like eight people that want to be adopted.
KATHERINE MAGBANUA: I want to be adopted
(inaudible).
CHARLIE ADELSON: (Inaudible).
KATHERINE MAGBANUA: You're their godfather.
CHARLIE ADELSON: AI1l right. I feel the love.
KATHERINE MAGBANUA: You're the godfather.
CHARLIE ADELSON: All right.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: And that one we've got Charlie Adelson mentioning that he purchased concert tickets and a limo for Katherine Magbanua?
PATRICK SANFORD: Yes, ma'am, he did.
MS. CAPPLEMAN: And Magbanua refers to her own child as Charlie Adelson's godchild; is that right?
PATRICK SANFORD: She did.
MS. CAPPLEMAN: Let's play UU, please. For this one, we go to 10:30.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
CHARLIE ADELSON: Paybacks and everything like that, then people will go ahead and get their money lent and it will be paid back.
DONNA ADELSON: That's very interesting.
CHARLIE ADELSON: So that's -- I mean, that's really how people make a lot of money is using other people's money to make it.
DONNA ADELSON: Oh, sure. That's a good way to do it.
CHARLIE ADELSON: So we'll see. I mean, Alex says if we have a good track record at two years, it will be -- it will not be a problem raising capital at all. So that's what's --
DONNA ADELSON: That would be great. Yeah, that's good stuff. So are you on your way now to the gym?
CHARLIE ADELSON: Yeah.
DONNA ADELSON: Oh, okay.
CHARLIE ADELSON: So is everything else okay?
DONNA ADELSON: Yeah, yeah.
CHARLIE ADELSON: Like it is or you're just saying it is?
DONNA ADELSON: Just saying.
CHARLIE ADELSON: Yeah, I figured, yeah.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: Did you see somebody today or was it --
DONNA ADELSON: No, that was different. But I will -- I'll see you on Sunday. we'll talk.
CHARLIE ADELSON: You don't want to come down and see me tonight?
DONNA ADELSON: No. No.
CHARLIE ADELSON: Was it bad or was it --
DONNA ADELSON: No, no. I'll just tell you -- I'll see you Sunday and fill you in.
CHARLIE ADELSON: I know because I can kind of talk to you but like you know when I talk to you and you're not giving like appropriate responses?
DONNA ADELSON: Yes, that's why.
CHARLIE ADELSON: (Inaudible) it just seems like another like --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: Did someone bother wendi?
DONNA ADELSON: Not yet.
CHARLIE ADELSON: But you think they will?
DONNA ADELSON: Oh, I don't know.
CHARLIE ADELSON: well, I --
DONNA ADELSON: I'1Il see you Sunday and we'll talk.
CHARLIE ADELSON: well, I think it's important that you see me before Sunday.
DONNA ADELSON: Well, where exactly are you going to be tomorrow? Dad is off tomorrow, so maybe we can get a chance to meet. But it sounds like you have a very busy day (inaudible).
CHARLIE ADELSON: well, I'm meeting Doug in the afternoon. TI haven't texted -- I haven't texted Adam yet. I was supposed to meet him at some point but just -- I mean, I can set up a meeting with him at any time. I mean, do you want to come up to my house in the morning or --
DONNA ADELSON: That might be a good idea. Let's --
CHARLIE ADELSON: Because I'll tell you what, I don't want to wait.
DONNA ADELSON: NO, I agree.
CHARLIE ADELSON: And then you wait and something that could have been nipped in the bud early becomes -- it becomes something that --
CHARLIE ADELSON: -- doesn't get nipped in the bud early and then it snowballs out of control.
DONNA ADELSON: Yeah. So maybe tomorrow. well, we're up early. So what if we got -- what if we met you for breakfast or something around -- you want to meet Charlie for breakfast, Harvey? Yeah. You want us to come to you; right?
CHARLIE ADELSON: Well, traffic and -- I could -- let me find out.
DONNA ADELSON: Check your schedule and then we'l1 work something out; okay, honey?
CHARLIE ADELSON: Yeah, let me do that and I'll see you guys tomorrow.
DONNA ADELSON: Sounds good.
CHARLIE ADELSON: was --
DONNA ADELSON: Yeah, let's discuss that once you check your schedule.
CHARLIE ADELSON: I think it's just better that things get nipped in the bud early.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: But I don't know why you wouldn't just call and let me know.
DONNA ADELSON: There's reasons. Let me talk to you tomorrow. You figure out your schedule. we're free until -- you know, until we have to pick up the kids. So we'll work it out.
CHARLIE ADELSON: What time?
DONNA ADELSON: (Inaudible).
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Okay. Circling back to the Garcia birthday present, that was being discussed -- we have it on a couple of different dates, but in April of 2016. Is Garcia's birthday in April?
PATRICK SANFORD: It is.
MS. CAPPLEMAN: April 27th?
PATRICK SANFORD: 27th, that's correct.
MS. CAPPLEMAN: Okay. Thank you.
All right. Now back to our calls. Let's go to the next day, May 5th, 2016. So now Donna Adelson has informed Charlie Adelson about the bump text, right?
PATRICK SANFORD: She informed him there was something that happened, correct.
MS. CAPPLEMAN: All right. And so do we have Charlie to Katie next?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: All right. Publish vv, please.
(Audio recording published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
KATHERINE MAGBANUA: Yeah.
CHARLIE ADELSON: Hey, how are you?
KATHERINE MAGBANUA: what's up?
CHARLIE ADELSON: What time is your (inaudible).
KATHERINE MAGBANUA: Four.
CHARLIE ADELSON: Okay. How is he feeling?
KATHERINE MAGBANUA: He's actually fine. Like he (inaudible) you know, I gave him Motrin and amoxicillin. I Cinaudible) but he looked fine. I'm just hoping he doesn't call me from school.
CHARLIE ADELSON: Once that antibiotic kicks in, he's gonna feel a lot better.
KATHERINE MAGBANUA: I guess Cinaudible).
CHARLIE ADELSON: well, that's --
KATHERINE MAGBANUA: He's hurt a little bit but whatever. I'm like dreading like (inaudible) pull it apart, it's like acting up. It's like pulling so I'm scared.
CHARLIE ADELSON: So I'm on my way to Miami right now to do -- just to meet with my parents. They want to talk to me.
(Audio recording concluded.)
MS. CAPPLEMAN: All right. That one, even for us, was too tortuous. Let's do ww, please.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins:)
DONNA ADELSON: Hey, Charlie.
CHARLIE ADELSON: Hey, how are you, Mom?
DONNA ADELSON: Good, honey. How are you doing?
CHARLIE ADELSON: Good. I'm coming across the bridge now.
DONNA ADELSON: Oh, okay. Okay, wonderful.
CHARLIE ADELSON: Do you want me to come up to the apartment or do you just want to come down?
DONNA ADELSON: You know, we'll meet you -- we'll meet you outside and then we can walk to the pool area.
CHARLIE ADELSON: All right. Sounds good.
DONNA ADELSON: OKay?
CHARLIE ADELSON: All right. I'll see you soon.
DONNA ADELSON: Okay, honey. TI love you. Bye.
(Audio recording concluded.)
MS. CAPPLEMAN: All right. XxX, please.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins:)
SIGFREDO GARCIA: Ma'am.
KATHERINE MAGBANUA: Hello?
SIGFREDO GARCIA: Hello.
KATHERINE MAGBANUA: Hey, how are you?
SIGFREDO GARCIA: I'm (inaudible).
KATHERINE MAGBANUA: what?
SIGFREDO GARCIA: I put the kids outside. I'm talking to my sister Susie on the other line. She called me out of the blue.
KATHERINE MAGBANUA: Oh, you're Cinaudible).
SIGFREDO GARCIA: Yeah. Put the kids out there and I'm sweeping up.
KATHERINE MAGBANUA: Oh, okay.
SIGFREDO GARCIA: why, what's up?
KATHERINE MAGBANUA: I don't know. (Inaudible).
SIGFREDO GARCIA: It's fine.
KATHERINE MAGBANUA: T know.
SIGFREDO GARCIA: It's fine. we'll go through it.
KATHERINE MAGBANUA: Yeah. It's about that other thing, too, but I don't even know --
SIGFREDO GARCIA: Anything I can help with?
KATHERINE MAGBANUA: No. I'm saying like I got a call, so I was like, okay.
SIGFREDO GARCIA: You got a call?
KATHERINE MAGBANUA: Yeah. And I'm like what happened? I don't know. TI haven't talked to my parents all day. And I was like, okay.
SIGFREDO GARCIA: So he talked to his parents?
KATHERINE MAGBANUA: Yeah. So I'm like Cinaudible). I was like, what's going on? I don't know. So I'll call you when I get -- when I leave my parents' house. I was like, all right. So that's why I was calling you to see what you're up to.
SIGFREDO GARCIA: Okay.
KATHERINE MAGBANUA: I feel dizzy and then my ears started ringing like really bad.
SIGFREDO GARCIA: what the fuck, man.
KATHERINE MAGBANUA: I know. Just when I text, you just, you know, like didn't respond back to me, bro. I started like freaking panicking. All right?
SIGFREDO GARCIA: All right.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: So everybody is waiting to find out what this next thing is that Mrs. Adelson's got to stay?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: All right. Play YY, please.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
CHARLIE ADELSON: Hey.
CHARLIE ADELSON: Let me -- let me call you in a little bit; okay?
KATHERINE MAGBANUA: All right.
CHARLIE ADELSON: I may just call you from the landline. I'm at my friend Adam's place in Miami.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: Okay. I'm down in the Gables. But I'll probably call you from the landline.
KATHERINE MAGBANUA: All right.
CHARLIE ADELSON: Everything cool?
KATHERINE MAGBANUA: You tell me.
CHARLIE ADELSON: Yeah, I'll call you in a little bit.
KATHERINE MAGBANUA: All right.
(Audio recording concluded.)
MS. CAPPLEMAN: ZZ, please.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins:)
CHARLIE ADELSON: Hey.
KATHERINE MAGBANUA: Hey. Bro, like trying to find my son is like -- I don't even know where he is.
CHARLIE ADELSON: Just look, look for the kid on the monkey -- monkey bars.
KATHERINE MAGBANUA: Yeah, that's probably him; right. Okay. Just give me a quick recap because like -- like what exactly was on the text?
CHARLIE ADELSON: And I'm not asking you to do anything about it.
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: At all.
KATHERINE MAGBANUA: Oh, baby. All right. Come on, come on.
MS. CAPPLEMAN: Can you pause it for a moment?
KATHERINE MAGBANUA: Yes, baby, because we got to go to an appointment.
(Audio recording paused.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: I have this a little out of order. Has the meeting occurred at the Adelson's condo?
PATRICK SANFORD: Yes, ma'am, it happened.
MS. CAPPLEMAN: Okay. I'm sorry. I had that out of order. When did that happen?
PATRICK SANFORD: That happened after he made the call saying he was coming over the bridge.
MS. CAPPLEMAN: Okay. And --
PATRICK SANFORD: It happened right after that.
MS. CAPPLEMAN: -- at that meeting, was there any surveillance effort made?
PATRICK SANFORD: Yes, we tried to go and get close and do a recording.
MS. CAPPLEMAN: Where did they go?
PATRICK SANFORD: They were in the pool area inside the building, like a private area for residents only.
MS. CAPPLEMAN: All right. So were you able to capture any of the recorded -- were you able to record any of the conversations?
PATRICK SANFORD: No. They were -- the three of them were in a corner by themselves and we couldn't get close to them.
MS. CAPPLEMAN: Who's the three of them?
PATRICK SANFORD: Harvey Adelson, Donna Adelson, and Charlie Adelson.
MS. CAPPLEMAN: Okay. So now this has been reported to Magbanua and she's about to get more information about what the text said; is that right?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Okay. I'm sorry, please resume the call.
(Audio recording resumed:)
KATHERINE MAGBANUA: Uh-huh, go ahead.
CHARLIE ADELSON: But the person said: So you don't take me serious.
AUDIO RECORDING: (Inaudible).
CHARLIE ADELSON: And you -- are you there?
KATHERINE MAGBANUA: Yeah, yeah, I'm here. I'm listening.
CHARLIE ADELSON: Yeah. The person says, so you don't take me serious and you have some puto call me up, baby -- Katie's baby daddy.
AUDIO RECORDING: (Inaudible).
CHARLIE ADELSON: So -- and then it was like, so you don't know -- so you don't -- or something -- then there was something about like, you know --
KATHERINE MAGBANUA: (Inaudible). Sure.
CHARLIE ADELSON: -- you don't respect -- you don't respect what was done for you, or something like that.
KATHERINE MAGBANUA: You don't respect? So that's a long text.
CHARLIE ADELSON: No, you don't --
KATHERINE MAGBANUA: So that's a long text.
CHARLIE ADELSON: You know, it was -- it was like 20 words. It started off with, so you don't think I'm serious. And then it was like --
KATHERINE MAGBANUA: Ethan, I'm on the phone. Uh-huh.
CHARLIE ADELSON: Katie?
KATHERINE MAGBANUA: Go. Tell me. I'm listening.
CHARLIE ADELSON: So you don't take me serious and you have some puto call me up, Katie's baby daddy. You don't. You don't -- you don't appreciate what was done for you or something like that.
KATHERINE MAGBANUA: All right.
CHARLIE ADELSON: And then that was it. That was it. It just ended.
KATHERINE MAGBANUA: All right.
CHARLIE ADELSON: But it came from that same number. The person didn't block the number they're texting from.
KATHERINE MAGBANUA: Yeah, yeah, we already got to that. We got to that point. All right. All right. Gotcha.
CHARLIE ADELSON: So don't -- don't do anything.
KATHERINE MAGBANUA: I gotcha.
CHARLIE ADELSON: I have a feeling -- you know, it's one of two things. I could care less. I just want the person to stop harassing my family.
KATHERINE MAGBANUA: I'm on the phone.
CHARLIE ADELSON: Evidently -- evidently (inaudible) whoever called.
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: The person could give a shit that he called.
KATHERINE MAGBANUA: No, I had a -- I had a friend that called but --
CHARLIE ADELSON: Yeah. Whoever it was that called, this person texting my mom at 2:00 in the morning couldn't really give a shit.
KATHERINE MAGBANUA: Now he's referencing --
CHARLIE ADELSON: Katie -- he's referencing -- the only person's name he referenced in the text was Katie's baby daddy.
KATHERINE MAGBANUA: Yeah. How many Katies do you know -- (inaudible).
CHARLIE ADELSON: So --
KATHERINE MAGBANUA: No, a Katie who has a baby daddy. (Inaudible).
MS. MEYERS: Yeah, but the weird thing is, whoever it is could literally give a shit about what was said to them. Because he has no problem continuing to send text messages from that number.
KATHERINE MAGBANUA: See, that's the part -- that's the part that really boggles my mind.
CHARLIE ADELSON: Yep. So don't --
KATHERINE MAGBANUA: Not afraid, obviously --
KATHERINE MAGBANUA: -- somebody that's fishing for something.
CHARLIE ADELSON: No, no. Somebody who has no problem --
KATHERINE MAGBANUA: Somebody that can get all of this information. This is getting -- the personal phone calls, a text messages, some way. You know, like it's just -- it's a lot.
CHARLIE ADELSON: Okay. But this is -- this is my one fear --
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: -- nobody can protect somebody all the time. If there's a 1 percent chance that it is a bad guy who did something bad, you know, I worry about my Dad's safety going to an office where --
KATHERINE MAGBANUA: Uh-huh. No, no, no, I get you, bro. You don't (inaudible).
CHARLIE ADELSON: And that's what --
KATHERINE MAGBANUA: God, you're scaring the fuck out of me. Like (inaudible).
CHARLIE ADELSON: Yeah. I know, I know.
KATHERINE MAGBANUA: Whoever it is, it's a reference to me. You don't think I'm scared?
CHARLIE ADELSON: Yeah. And whoever it is like -- whoever called, the person could obviously give a fuck --
KATHERINE MAGBANUA: No, (inaudible).
CHARLIE ADELSON: He called him a puto.
KATHERINE MAGBANUA: That becomes even more of like, okay, what are we dealing with now?
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: (Inaudible). Is it somebody that's going to be waiting for you to be like, hey, like, I'll give you all this money, like or --
CHARLIE ADELSON: Well --
KATHERINE MAGBANUA: -- like somebody is trying to like mess with, you know what I mean? Like read between the lines.
CHARLIE ADELSON: Okay.
KATHERINE MAGBANUA: It becomes more of like, damn, (inaudible). What is going on?
CHARLIE ADELSON: And then if they do, they're throwing a lot of information out that I don't know. So that's -- which is crazy. The question is where did they get it from and why don't they just go collect the reward, whoever has the information.
KATHERINE MAGBANUA: Exactly. All right. All right. We're saying the same thing repetitively and it's just --
CHARLIE ADELSON: Gotcha.
KATHERINE MAGBANUA: -- it's to the point where it's like --
CHARLIE ADELSON: So don't do anything. I just don't -- it's just aggravation, that's all. I just want my family left alone, you know.
KATHERINE MAGBANUA: Yeah. All right.
CHARLIE ADELSON: That's my day. Luckily, I had the day off, so I got to hang out with everybody and deal with nonsense.
KATHERINE MAGBANUA: Right.
CHARLIE ADELSON: So --
KATHERINE MAGBANUA: All right. Like I try to remember so many and it's so hard because you throw so many other details behind it that it's like I have to like think it out in my head. Like I'm all over the place because you just talk so much more of what's not necessary.
CHARLIE ADELSON: No, I know, I know. I always do that. I always go off on tangents and shit. I just -- listen, you're just my friend. That's the only reason why I'm going to you.
KATHERINE MAGBANUA: Oh, I know. It's pissing me off because it's like I don't even know. Like, you know, I'm -- me, I'm trying to help you out and figure out like what the hell is going on. So I don't --
CHARLIE ADELSON: I wish -- I wish I knew what was going on. There's a lot of fucking crazy people out there.
KATHERINE MAGBANUA: Right.
CHARLIE ADELSON: (Inaudible).
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: All right. Good luck with his endo appointment.
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: All right. I'll talk to you later.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: What does Magbanua do immediately after hanging up from this call?
PATRICK SANFORD: She texts Sigfredo Garcia.
MS. CAPPLEMAN: And does she ask him to call her?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: Does that call occur?
PATRICK SANFORD: It does.
MS. CAPPLEMAN: Publish BBB, please, and we're starting at, I guess, the beginning through the 2-minute-40-second mark, please.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
KATHERINE MAGBANUA: Hello?
SIGFREDO GARCIA: Yeah.
KATHERINE MAGBANUA: Are you at home?
(Fast-forward.)
KATHERINE MAGBANUA: Hello?
SIGFREDO GARCIA: Yeah.
KATHERINE MAGBANUA: Are you at home?
SIGFREDO GARCIA: Yeah.
KATHERINE MAGBANUA: So where you called, one of my friends just called me and was saying like -- remember when I had asked you like to do me a favor because somebody's harassing one of my friends’ family?
SIGFREDO GARCIA: Yeah.
KATHERINE MAGBANUA: All right. Like they texted yesterday at 2:00 in the morning, not giving a shit, not blocking their number. It was the same freaking number that I had --
SIGFREDO GARCIA: Yeah.
KATHERINE MAGBANUA: -- asked you to help me out with or whatever, saying, obviously you're not taking me seriously. You have a puto calling me who is Katie's baby daddy. And I was like, wait, what are they talking about?
Like he's like -- and my friend is telling me like I don't even know if it's you or whoever. I mean, there's so many people that have a baby daddy and I've gone out with like plenty of Katies and I have a lot of Katie friends. Like, I don't know who the hell it is. And that you don't appreciate what's been done for you or something. And this is not going to stop.
what's so funny is how did somebody know your voice or even if they're talking about you.
SIGFREDO GARCIA: Yeah.
KATHERINE MAGBANUA: Could be a completely different person for all I know, you know?
SIGFREDO GARCIA: Yeah.
KATHERINE MAGBANUA: He's asking me because it's like, it seems like -- you know, because I told him like you'd help him, you know. I was, like, okay, I'll try to help you out.
SIGFREDO GARCIA: You know what, I'll take care of it.
KATHERINE MAGBANUA: It's funny how it just happened late last night --
SIGFREDO GARCIA: Yeah.
KATHERINE MAGBANUA: -- at 2:00 in the morning. It's like somebody got pissed.
SIGFREDO GARCIA: Yeah, I get it. Yeah, a hundred percent.
KATHERINE MAGBANUA: And they're not scared to use that number because they're parents who definitely -- you know, they got to have much more shit they can get a rise out of them. TI don't think anybody should go through that. And it's funny, like, how do you get -- you know, he's just calling his mom. Like he’s not calling anybody else. Like, yeah, you can get -- you can look it up or whatever but it's pretty brave --
SIGFREDO GARCIA: (Inaudible).
KATHERINE MAGBANUA: -- using the number. Huh?
SIGFREDO GARCIA: Yeah, it is. It is pretty brave.
KATHERINE MAGBANUA: So I just don't like, you know, the fact that my name is being thrown out and baby daddies are being thrown out. Like what is all that?
SIGFREDO GARCIA: Yeah, no, (inaudible) nothing about it. So I'll definitely take care of it.
Did you pick up Ethan?
KATHERINE MAGBANUA: Yeah, I have him.
(Audio recording concluded.)
MS. CAPPLEMAN: Okay. BBB.1, please. No, we already did it. It's out of order.
(An audio recording published in open court. This transcript should not be considered a verbatim record of those 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 recording begins:)
CHARLIE ADELSON: (Inaudible).
DONNA ADELSON: (Inaudible).
CHARLIE ADELSON: I think you're doing the right thing.
DONNA ADELSON: (Inaudible).
CHARLIE ADELSON: I don't know. Listen, I get that. You never know if you're doing the right thing.
DONNA ADELSON: (Inaudible).
CHARLIE ADELSON: Hear me out for one second. Talk to dad was a lot and just put your heads together, don't just rush, you know. But I think -- I think what we talked about is the best thing.
DONNA ADELSON: Okay.
CHARLIE ADELSON: I mean, look (inaudible), it's not --
DONNA ADELSON: It doesn't have to be tonight, then?
CHARLIE ADELSON: What?
DONNA ADELSON: You don't think it has to be tonight?
CHARLIE ADELSON: In my opinion, I think the sooner the better.
DONNA ADELSON: Right.
CHARLIE ADELSON: But I would -- I would be firm. I mean, I would (inaudible).
DONNA ADELSON: Yeah, I already -- I already wrote my letter -- what (inaudible). Yes. Once I charge my phone.
MS. CAPPLEMAN: Can you pause it, please?
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: This one is a little garbled, but is the gist of it that Donna Adelson is going to call the undercover number?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: And does she do that?
PATRICK SANFORD: She does.
MS. CAPPLEMAN: When does she do that?
PATRICK SANFORD: She does it -- she tries to call him on 5/6 at 11:30 and receives a voice mail. She calls again at 5:06 p.m. after he tries calling her back.
MS. CAPPLEMAN: Okay. And do you have evidence, independent of the wire, that the defendant downloaded some software to record this call on her own?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: All right. Publish this call, please. It's on 1/17. It should be Call 3 in that exhibit.
(Audio recording published in open court. This transcript should not be considered a verbatim record of those 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 recording begins:)
OSCAR JIMENEZ JR.: Hello?
DONNA ADELSON: This is Mrs. Adelson. Is this --
DONNA ADELSON: -- Sammy? Sammy. Okay. My grandchildren had my phone before, so...
OSCAR JIMENEZ JR.: You're an Adelson?
DONNA ADELSON: I'm Mrs. Adelson.
OSCAR JIMENEZ JR.: Yes, yes.
DONNA ADELSON: My grandchildren had my phone before, so that's -- and I just saw that you called.
OSCAR JIMENEZ JR.: Oh, okay.
DONNA ADELSON: I was --
OSCAR JIMENEZ JR.: You left a message on my -- on my voicemail.
DONNA ADELSON: Right, I did.
DONNA ADELSON: So this is my problem. You approached me on Alton Road. You handed me an article from the newspaper about my ex-son-in-law. You told me I need to call you and help your friend who is in prison. Now at the time you did that, I didn't understand what you were talking about. I didn't call you back.
Then you mail me a threatening letter. Then you send me a text message to my phone that says I'm not taking you seriously. So I am taking you seriously. And I really want you to listen to me.
OSCAR JIMENEZ JR.: I'm listening.
DONNA ADELSON: I have to tell you -- I mean, this is important. I have been so stressed out. I have spoken to ten or 12 people who are close friends of mine, telling them about this and basically picking their brains and asking them what I should do.
Because I don't know your friend who is in jail. TI don't -- you mentioned a name. I don't even know his name. I never spoke to him. I don't know what he looks like. I've never met him. I'm sorry your friend is in jail but I don't know what that has to do with me.
OSCAR JIMENEZ JR.: You know -- you know exactly what it has to do with. You Know exactly what --
DONNA ADELSON: TI don't.
OSCAR JIMENEZ JR.: -- listen to me carefully.
DONNA ADELSON: Can I just --
OSCAR JIMENEZ JR.: Listen -- listen to me. You just got -- you just got -- you just got to listen to me.
DONNA ADELSON: You need to ask your friend who this person looks like, what their name is, something, because I know there is a big reward out there. And if you need money for your friend, that's the way to get it. I mean, I'm asking you nicely. I don't know who he is. I am out of the loop. It is not me. If I can help, I would help. I mean, that's what --
OSCAR JIMENEZ JR.: Just like I told -- just like I told you -- listen to me. Just like I told you that day, we know what -- we know that -- that your family had a problem up north. we know that that problem was taken care of about a year and a half, two years ago. And we know that Katie has been taken care of -- and has been taken care of.
Now my brother -- my brother in -- in jail, he -- we were in Broward together. He told me the whole thing. And he hasn't been taken care of. We know.
DONNA ADELSON: I know --
OSCAR JIMENEZ JR.: Now all -- all -- all -- all that's being asked for is five -- 5K. That's all we're asking for is just 5K. And I -- he told me everything and I know everything. I know who's involved, I know everything. And I -- I'll -- I'll get that 100K for myself.
DONNA ADELSON: And, you know, I --
OSCAR JIMENEZ JR.: All I ask is to send the 5K. Everybody knows what's going on.
DONNA ADELSON: well, I don't -- you know, you're saying everyone knows. I know I lost my ex-son-in-law. I did not have anything to do with it. That's why I said, ask him what person --
OSCAR JIMENEZ JR.: That's not -- that's not -- that's not what my brother Tato told me. He told me everything when we were in jail. He told me everything and who was involved. I know everything.
DONNA ADELSON: Well, I don't. That's the problem. I am telling you it's not me. It's not me. I have had a year of aggravation, a year and a half of aggravation over this. My daughter, my grandchildren. It is not me.
And when TI asked my friends what do they think, they said, well, this person needs to get a description of you because -- or what he looks like or -- it's not me. I don't know who caused this. It wasn't me. I mean, I don't know what else to tell you.
OSCAR JIMENEZ JR.: Just -- just like that day when I talked to you, this is not going away. This is not going to go away because Tato told me everything. He wasn't being taken care of. He needed the 5K. Send 5K. That's all -- that's all we were asking for.
DONNA ADELSON: But I don't --
OSCAR JIMENEZ JR.: You going to do that?
DONNA ADELSON: -- I don't know who Tato is. You don't understand.
OSCAR JIMENEZ JR.: We know you don't know who Tato is but you know who Katie is. And you know the contacts Katie has and she has -- listen to me. Let's stop fucking around. Let's stop fucking around. Okay? You know who Katie is. And you know that Katie has somebody that knows Tato. And they -- and they took care of a problem for you people. That's just the bottom line. The bottom line is you know -- you know who the fuck Katie is.
DONNA ADELSON: Look, I don't --
OSCAR JIMENEZ JR.: No more mister -- I'm not fucking -- I'm not fucking around with it. You know who Katie is. You know that they took care of Katie and her people. Nobody has taken care of Tato. I know you don't know who Tato is.
DONNA ADELSON: No, I don't.
OSCAR JIMENEZ JR.: But we know -- we know who all of you are. And this ain't going away.
DONNA ADELSON: You know what?
OSCAR JIMENEZ JR.: So I can give you what you want. Send the 5K.
DONNA ADELSON: Here's what you need to do. You need to go and --
OSCAR JIMENEZ JR.: Don't tell me what to do. I know what to do and I'm doing it.
DONNA ADELSON: You're looking for money. Get $100,000 or whatever the -- what do you call it -- whatever the reward is. It isn't me. You have got the wrong person. That's why I said, ask your friend --
OSCAR JIMENEZ JR.: You're Donna -- you're Donna Adelson.
DONNA ADELSON: Yes, I am. Yes, I am.
OSCAR JIMENEZ JR.: well, I know. We know who's involved in all this.
DONNA ADELSON: This is not me. I mean, if you want the money, you should get it from the police. They can give you a whole lot more than -- than you're asking me for money for someone -- I just think -- I can't -- I can't do this. I have had too much stress and too much aggravation from this. And I don't know what you are talking about. I just don't know. I just don't know.
OSCAR JIMENEZ JR.: Really? I think you should talk to Katie. Talk to -- talk to your people that are involved in this. You'll know. You know who -- you know what's going on.
DONNA ADELSON: I do not know. That's why I'm calling you back.
OSCAR JIMENEZ JR.: You know, Adelson, you can tell me all you fucking want but I know you know. Because I know because I heard -- when I was locked up in Broward with my -- with my brother Tato, he told me everything. Everything. He told me everything.
DONNA ADELSON: well, then if you know everything --
OSCAR JIMENEZ JR.: I just want you to take care of him because fucking Katie was being taken care of with her fucking Tuto.
DONNA ADELSON: I just think -- I just think instead of asking me, you should get the money from the police. There's a lot of money out there. And I know if you think you know who this is, then go ahead and do it because I know it isn't me. I know it isn't me. And I can't take this kind of level of stress. I just can't. I know I didn't do anything.
OSCAR JIMENEZ JR.: You talk to people -- you talk to the right people, you talk to people, you make this 5K come to me. That's all I need. Just do it and get it to me. Do it and get it to me.
DONNA ADELSON: I'll call you back.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Did she call back?
PATRICK SANFORD: No, she did not.
MS. CAPPLEMAN: Did she call the police?
PATRICK SANFORD: No, she did not.
MS. CAPPLEMAN: Do she and Charlie discuss -- I guess she shares this recording with him and they have further conversations about this call that she made?
PATRICK SANFORD: Yes, they do.
MS. CAPPLEMAN: Okay. And they're, at that point, a hundred percent that the bump is the police, right?
PATRICK SANFORD: That's what Charlie tells her, yes.
MS. CAPPLEMAN: Let's publish CCC, please.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins:)
DONNA ADELSON: Hey, Charlie. How are you?
CHARLIE ADELSON: Good. what's going on?
DONNA ADELSON: Good. we just finished with dinner. we drove Bruce Blackwell back to his hotel in Miami and we just got back to the Icon. So we're going to go for just a little walk along the marina and then we're going to go upstairs.
CHARLIE ADELSON: Okay. I just stepped away. I was having dinner with June on Las Olas.
DONNA ADELSON: Okay. I'1Il let you go right back.
CHARLIE ADELSON: I will.
DONNA ADELSON: I just wanted to tell you that I do have that handpiece now.
CHARLIE ADELSON: Okay, great.
DONNA ADELSON: So I'1l1 Cinaudible).
CHARLIE ADELSON: Let me ask you, any more nonsense from the patient?
DONNA ADELSON: Yeah, that's why. You know, those things always get aggravating but I try not to let that bother me.
CHARLIE ADELSON: Was it -- was it bad?
DONNA ADELSON: Oh, no. And I -- you know, I did, I -- loaded that new app, too. I'll have to show it to you. I think you'll really be interested.
CHARLIE ADELSON: Okay. So you had --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: -- how long of a talk did you have?
DONNA ADELSON: Eight, eight.
CHARLIE ADELSON: Eight minutes?
DONNA ADELSON: Yes.
CHARLIE ADELSON: You talked to the patient for eight minutes?
DONNA ADELSON: Yeah.
CHARLIE ADELSON: And they were nice?
DONNA ADELSON: No, not really. No.
CHARLIE ADELSON: Did they -- did they --
DONNA ADELSON: But you'll -- I'll -- I'll tell you.
CHARLIE ADELSON: Let me ask you a question. Did they give any threats or anything?
CHARLIE ADELSON: That's -- that's interesting.
DONNA ADELSON: Yeah, I thought it was very interesting but I definitely want you to -- you know, I'll tell you about the patient tomorrow but I wanted to make sure I got that stuff to you. So is that --
(Audio recording concluded: )
MS. CAPPLEMAN: Can we go to DDD next?
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: This is Charlie to Katie about this -- this recording of his mom's conversation with the undercover?
PATRICK SANFORD: That's correct. That last phone call was at 11 -- 11:17 at night. This is the following day, 5/7 at 5:07 p.m.
MS. CAPPLEMAN: Okay.
JUDGE EVERETT: Before you publish that, Mrs. Adelson, do you need your headphones or your amplifier to hear the evidence clearly?
You may continue.
(An audio recording was published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
KATHERINE MAGBANUA: Hello.
CHARLIE ADELSON: Hey, how are you?
KATHERINE MAGBANUA: Good.
CHARLIE ADELSON: Good. I'm on a boat --
KATHERINE MAGBANUA: What's up?
CHARLIE ADELSON: I'm on a boat, but --
KATHERINE MAGBANUA: Are you with somebody?
CHARLIE ADELSON: I'm with a bunch of people but I got a new CD that you should listen to --
KATHERINE MAGBANUA: Uh-huh.
CHARLIE ADELSON: -- the next time I see you.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: So it's interesting, but it's 100 percent, 100 percent.
KATHERINE MAGBANUA: 100 percent what?
CHARLIE ADELSON: It's a 100 percent record breaker. Makes you want to drop the mic.
KATHERINE MAGBANUA: Oh, yeah?
CHARLIE ADELSON: Yeah.
KATHERINE MAGBANUA: I can't wait to hear it.
CHARLIE ADELSON: It's the kind of shit you want to play when you're just cruising along and you see a Vietnamese potbellied pig walking down the street.
KATHERINE MAGBANUA: Is it a long -- is it a long tape?
CHARLIE ADELSON: It's -- the track is -- the track is over four or five minutes.
KATHERINE MAGBANUA: TI thought it was just a tape.
CHARLIE ADELSON: Oh, the track is long.
KATHERINE MAGBANUA: You're old school, you know.
CHARLIE ADELSON: I know, I know. It's just like a long single. Over five minutes long.
KATHERINE MAGBANUA: Oh, wow.
CHARLIE ADELSON: Lots of -- lots of talking.
CHARLIE ADELSON: Yeah, yeah, 100 percent.
KATHERINE MAGBANUA: Did you already re-say it aloud to yourself?
CHARLIE ADELSON: TI heard it.
KATHERINE MAGBANUA: So I can hear it? Uh-uh.
CHARLIE ADELSON: TI heard the track many times. I'm the one that recorded it.
CHARLIE ADELSON: In the background.
KATHERINE MAGBANUA: Nice.
CHARLIE ADELSON: Oh, my God, I didn't even tell you. One of my friends has the cutest potbellied pig.
KATHERINE MAGBANUA: Has the cutest what?
CHARLIE ADELSON: Potbellied pig.
KATHERINE MAGBANUA: Potbellied pig?
CHARLIE ADELSON: Yeah. You know what a pig is?
KATHERINE MAGBANUA: Are you serious?
CHARLIE ADELSON: Yeah, he's got the cutest potbellied pig. So anyway.
KATHERINE MAGBANUA: That's not good.
CHARLIE ADELSON: I know. I fucking get -- I like dogs, not pigs.
KATHERINE MAGBANUA: Yeah, they're hard to maintain.
CHARLIE ADELSON: But --
CHARLIE ADELSON: -- anyway --
KATHERINE MAGBANUA: (Inaudible).
CHARLIE ADELSON: As long as they're housebroken, they're not that bad.
KATHERINE MAGBANUA: Oh, okay.
CHARLIE ADELSON: Hold on, hold on. I can't fucking hear a thing.
KATHERINE MAGBANUA: You can't hear because there's music behind me.
CHARLIE ADELSON: Can you lower it, Bill? Justa little, not a lot. Sorry.
KATHERINE MAGBANUA: I can't wait to hear your pretty single.
CHARLIE ADELSON: I know. It's playing in the background right now.
KATHERINE MAGBANUA: Oh, yeah?
CHARLIE ADELSON: Yeah. Dropping it like it's hot. It's going to be like one of the --
KATHERINE MAGBANUA: Do you think --
CHARLIE ADELSON: -- Cinaudible). I like ad-libbing it. I ad-libbed it.
KATHERINE MAGBANUA: Do you think it's going to make a good hit?
CHARLIE ADELSON: Oh, I think -- I think it's fantastic.
KATHERINE MAGBANUA: Yeah?
CHARLIE ADELSON: Yes, I think --
KATHERINE MAGBANUA: You think it will sell a lot?
CHARLIE ADELSON: I hope so. TI dropped the mic.
KATHERINE MAGBANUA: Oh, you were like, ouch.
CHARLIE ADELSON: Yeah, funny shit.
KATHERINE MAGBANUA: Well, when can I hear it?
CHARLIE ADELSON: What's that?
KATHERINE MAGBANUA: When can I hear it?
CHARLIE ADELSON: I'll be off the phone any second. Go ahead and install the AC unit and I'1l1 pay you on Monday.
KATHERINE MAGBANUA: Okay.
CHARLIE ADELSON: All right. I'll talk to you.
KATHERINE MAGBANUA: All right. Bye.
(Audio recording concluded.)
KATHERINE MAGBANUA: ~=BY MS. CAPPLEMAN:
MS. CAPPLEMAN: I'm not sure if Magbanua was picking up what he was putting down, but what is a "pig"?
PATRICK SANFORD: Pig is a slang term for police officer.
MS. CAPPLEMAN: All right. And so Mrs. Adelson called your bluff, didn't she?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: All right. And was this pretty much the end of the wire operation?
PATRICK SANFORD: It was.
MS. CAPPLEMAN: All right. I want to publish EEE. Could you tell us about this call?
PATRICK SANFORD: Yeah, it's on 5/12. It's Charlie Adelson to Donna Adelson at 6:18 p.m.
MS. CAPPLEMAN: Publish EEE, please.
(Audio recording published in open court. This transcript should not be considered a verbatim record of those 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 recording begins:)
DONNA ADELSON: Hello, Uncle Charlie.
CHARLIE ADELSON: Hey, how are you?
DONNA ADELSON: I'm good. How are you?
CHARLIE ADELSON: Good.
DONNA ADELSON: Wait just one second. I have to open the door. Let me just get them in the car. Hang on. Okay. B.A., you go in first, honey. Okay. L.A., you go next. Go ahead, honey. Up, up, up. Up, up, up, big boy. You can do it. I know you're trying. Hold on. Here, honey, it's because you have too much in your hands. Okay. Here you go. Up, up, up. Honey, I can't pick you up if you get in the car. Okay.
CHARLIE ADELSON: Tell -- tell him to move his fat ass.
DONNA ADELSON: You're gonna say that to your sweet little blond nephew who I just got his hair cut and took him to McDonald's? They are -- they are happy campers.
CHARLIE ADELSON: They're having a good day with grandma?
DONNA ADELSON: They are happy. L.A. did not want to get his hair cut. He was crying. He likes it a little bit long.
CHARLIE ADELSON: Why did you cut his hair? I liked it long, too.
DONNA ADELSON: I know, but it was so long that he couldn't see straight so it had to be trimmed.
CHARLIE ADELSON: All right.
DONNA ADELSON: (Inaudible). So how is my boy? It sounds like you were having quit a busy day?
CHARLIE ADELSON: Yeah, yeah. I was really busy. I didn't get a chance to call Maddie but I can take care of that -- some of that stuff tomorrow.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: (Inaudible). Oh, fuck.
DONNA ADELSON: What's the matter, honey?
CHARLIE ADELSON: I just missed the exit.
DONNA ADELSON: Oh. That's like me on my way to the office today, I had to go up to the building and I missed my exit. I went all the way to Atlantic. It's called -- it's when you're not totally concentrating. Hello?
CHARLIE ADELSON: Yeah, that sucks.
DONNA ADELSON: Yeah. which way are you going?
CHARLIE ADELSON: I missed Glade. I was gonna stop off at Darren's house, have dinner with him. Anyway, so I just spoke to Dave Cinaudible).
DONNA ADELSON: Oh, did you?
CHARLIE ADELSON: So I just called him an old fart to remind him cause he's a few months older than me.
DONNA ADELSON: Uh-huh.
CHARLIE ADELSON: But -- so I asked him what he was doing for his birthday. Turns out wendi is making hima little party in wynwood.
DONNA ADELSON: Oh, really.
CHARLIE ADELSON: Yeah, Wendi is always like very tight-lipped.
DONNA ADELSON: You're not kidding.
CHARLIE ADELSON: So what you do is, you know, she's obviously tight-lipped for a reason. It's because she doesn't want you to know anything.
DONNA ADELSON: Anything, anything?
CHARLIE ADELSON: So my point is if she doesn't want you to know anything, then don't ask anything.
DONNA ADELSON: I don't ask.
CHARLIE ADELSON: And just be happy.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: And then I can find everything out and just tell you.
DONNA ADELSON: I know. That's great.
CHARLIE ADELSON: So I said -- I was like, so what are you doing for your birthday? He's like, well, wendi is making me like a little birthday dinner, a little get-together party. I'm like, that's awesome come? He says, yeah, she's doing it -- he's like, I don't know anything. All I know is wendi is putting it together for me and she's doing it in wynwood.
CHARLIE ADELSON: So Cinaudible) that sounds awesome.
DONNA ADELSON: And all I knew is that she was going straight from work to the hotel where everybody is meeting for the -- this Miami fellow's thing that she got and that she has to stay there tonight because she starts early first thing tomorrow morning.
CHARLIE ADELSON: Right.
DONNA ADELSON: I guess in between, she managed to do something else, which makes me happy. I'm really glad.
CHARLIE ADELSON: Oh, yeah.
DONNA ADELSON: That's great. I couldn't imagine.
CHARLIE ADELSON: Yes, So --
DONNA ADELSON: Yeah, he sounded good?
CHARLIE ADELSON: Yeah.
DONNA ADELSON: He did. Yeah. Good. The boys -- the boys gave -- what -- did you give Dave his present this morning with mommy? Uh-huh. Yeah. (Inaudible) because they knew if was Dave's birthday. The plan was that they were supposed to go to Dave's house at 12:00 at night, but what happened, L.A.? Why did mommy not take you at midnight? (Inaudible). Harry was sick. Yeah, mommy told him in the morning that Harry had fever and so they -- and he was throwing up so they couldn't go there at midnight.
So who are you -- who are you meeting for dinner?
CHARLIE ADELSON: I'm going over to Darren's house.
DONNA ADELSON: Oh, good. That's nice. That's nice. The boys just had their treat and grandpa is having a massage so that's why they are out of the house and I'm going to come back and Jessica should be all finished with dad. And the boys are going to do their piano and then we're going to have story time and bedtime. we've got our routine down.
Charlie, I have to tell you that dad was telling me about that case and we both feel so much better about how it's working out.
CHARLIE ADELSON: Oh, my God. Are you kidding me? Like the patient --
DONNA ADELSON: I can't even begin to tell you.
CHARLIE ADELSON: Oh, you and me both. The patient is being so -- you know, once -- once you know how these patients act, they're so cooperative.
DONNA ADELSON: Right, so cooperative.
CHARLIE ADELSON: Oh, my God. I couldn't -- you don't understand. I couldn't be happier. I couldn't be happier.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: Because, you know, if they -- if they go to the Board of Dentistry --
DONNA ADELSON: Right.
CHARLIE ADELSON: -- it becomes a huge, huge pain in the ass.
DONNA ADELSON: Right.
CHARLIE ADELSON: If they go ahead and just, you know, are up front about everything, you got nothing to worry about.
DONNA ADELSON: Right, exactly.
CHARLIE ADELSON: which is -- which is clearly what it is. It's --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: -- not -- not 1,000 percent but 10,000 percent.
DONNA ADELSON: Dad told me that yesterday and I have to tell you, I --
CHARLIE ADELSON: Oh, Mom, not even -- you don't understand, not even --
DONNA ADELSON: Not a question.
CHARLIE ADELSON: Yeah. Like not even like, oh -- no, there's -- I mean (inaudible). Like, the fact that they were so nice about everything --
DONNA ADELSON: Right.
CHARLIE ADELSON: -- just makes you feel so much better.
DONNA ADELSON: Sure. Oh, my God.
CHARLIE ADELSON: Oh, there's no -- there's no question. You know, originally, I said this person is a really nice person. Remember I always said --
DONNA ADELSON: Right.
CHARLIE ADELSON: -- I'm like they're really nice. I don't think they are going to go to the Board of Dentistry and that's -- they turned out to be really, really nice.
DONNA ADELSON: Yeah. I was really glad to hear that. That made a huge difference. I was really worried. And now I sleep well last night.
CHARLIE ADELSON: Mom, I don't -- I just, you know.
DONNA ADELSON: Yeah. Anyway, I Cinaudible) -- oh, I have --
CHARLIE ADELSON: And then dad told you -- dad told you what --
DONNA ADELSON: Everything.
CHARLIE ADELSON: -- you know what I told him to ask for if it ever becomes an issue.
DONNA ADELSON: Yes, yeah. He went over everything in detail.
CHARLIE ADELSON: And that's it --
DONNA ADELSON: I have a question about Kevin Barnes.
CHARLIE ADELSON: Yes.
DONNA ADELSON: Did you ever -- did you ever speak to him?
CHARLIE ADELSON: No. NO.
DONNA ADELSON: Okay. All right. Then I'm going to tell the girls they need to give it one more effort to try to e-mail him, text him.
CHARLIE ADELSON: I would -- I would reach out through Facebook is what I'm thinking.
DONNA ADELSON: Oh. That's a thought. I never thought of that. I'll go on Facebook and take a look. I'll take a look.
CHARLIE ADELSON: And I would just keep it real friendly, real nice. Be like, hey, listen, we're trying to reach you, we have your case here, what's your status?
DONNA ADELSON: Yeah.
CHARLIE ADELSON: And there's just going to be a rule in the office changed, that nobody's lab work gets sent out --
DONNA ADELSON: Oh, my God.
CHARLIE ADELSON: -- unless at the very least the lab work is paid for.
DONNA ADELSON: Exactly.
CHARLIE ADELSON: I mean, otherwise, you get what you deserve.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: You know, there's just no exceptions. I don't care if it's your -- my mom's case. Unless they -- at least the lab bill has been paid for, ain't nothing getting sent out. No excuse.
DONNA ADELSON: Yeah. Because I was asking the girls today if they knew if you had ever spoken to him, and they said they don't think so but they weren't sure. So because I went over all the building and all the people I had questions about so --
Did you ever get paid from those large cases from Dr. Murrey's office, her relatives, her cousins?
CHARLIE ADELSON: Yeah, yeah. They all paid up, yeah.
DONNA ADELSON: Good. Okay. Perfect. Perfect. All right. These girls are walking right across. I'm telling you, you got to be so careful down here.
CHARLIE ADELSON: With what?
DONNA ADELSON: These girls are just walking across Alton Road against -- it's a green light for us. But they're just walking in the breeze, looking at their cell phones, not paying attention.
CHARLIE ADELSON: Yeah, they don't Cinaudible).
DONNA ADELSON: Man, terrible.
CHARLIE ADELSON: So did you guys work out with the trainer today or stayed in the office?
DONNA ADELSON: No, tomorrow -- tomorrow. Monday, wednesday, Friday so that's why I went to the -- that's why dad went to get the boys so that I could go to the office and do the billing because I've been going on like a Saturday or Sunday and I end up spending the day. And I said to dad, you know, if I would go on a Thursday when the girls are there, then I can ask the billing questions I have --
CHARLIE ADELSON: Right.
DONNA ADELSON: -- you know, directly and I don't have to leave this long list of questions and they never --
(Fast-forward.)
CHARLIE ADELSON: Yeah. Thank God.
DONNA ADELSON: well, I am rolling into the Icon garage so careful. Is this guy gonna Cinaudible). Okay.
CHARLIE ADELSON: Crisis averted.
DONNA ADELSON: What, honey?
CHARLIE ADELSON: Crisis --
DONNA ADELSON: Crisis averted.
CHARLIE ADELSON: Yeah. So you just -- I got to tell you, you just can't -- Mom, you cannot. I mean, now that you know what it is, you cannot get upset. You can't let the patients bother you.
DONNA ADELSON: No, no, I know that and I also Know exactly what I'm doing. You know, I mean, it's the state of things so I'm good.
CHARLIE ADELSON: You've been doing this a long time so --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: -- you understand. I mean, that's why, I had you learn the front desk for a while, but you just don't let the patients bother you. (Inaudible) you know, but that's it.
DONNA ADELSON: Yeah. No, I got it. I am good. All right, my love, you have a nice evening. Please say hello to Darren for me.
CHARLIE ADELSON: I will. I'll talk to Cinaudible).
DONNA ADELSON: Okay. Okay. Sweetie, I love you.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: So upon learning that they are being investigated for murder, how -- how did they react to that?
PATRICK SANFORD: They seemed pretty happy about it.
MS. CAPPLEMAN: Really happy about it?
PATRICK SANFORD: Yeah.
MS. FULFORD: I'm going to object. The witness is interpreting.
JUDGE EVERETT: Sustained. Members of the jury, you are to disregard the last answer.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: wasn't the gist of how you got made that the undercover wasn't nasty enough?
PATRICK SANFORD: Right.
MS. CAPPLEMAN: It's not done like that, you got to have a beard and a hat and glasses and you got to make threats and all that kind of thing, right?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: After the wire gets made, it's kind of business as usual, right? Back to wendi and her love life, that sort of = thing?
PATRICK SANFORD: For them, yes.
MS. CAPPLEMAN: were any more checks issued by the defendant to Katherine Magbanua after the wiretap got made?
PATRICK SANFORD: I believe that's when they stopped, if I'm not mistaken. I have to go back and look, though.
MS. CAPPLEMAN: May of 2016 is when they stopped, right?
PATRICK SANFORD: It was May of 2016, correct.
MS. CAPPLEMAN: And after you came off the wire, was there a time when law enforcement went into the Adelson Institute?
PATRICK SANFORD: There was.
MS. CAPPLEMAN: Could you tell us about that?
PATRICK SANFORD: Yeah. Myself and my partner, Investigator Isom, with TPD, went into the Adelson Institute with a subpoena requesting Katherine Magbanua's employment records and we began speaking with the front desk about that.
MS. CAPPLEMAN: All right. Was Katherine Magbanua there working?
PATRICK SANFORD: No, she was not.
MS. CAPPLEMAN: Did you ever uncover any evidence of Magbanua working for that business?
PATRICK SANFORD: No, the only thing they ever provided us was basically a list of the checks that we already -- we already knew about.
MS. CAPPLEMAN: All right. was a phone call captured from that business during the time that you were present in there trying to serve the subpoena and get these employment records?
PATRICK SANFORD: Yes. One of the employees called Charlie Adelson while we were there. She walked to the back and called him on -- and it was captured on the wire.
MS. CAPPLEMAN: All right. At this time, I'd ask to move into evidence State's Exhibit 100, Your Honor.
JUDGE EVERETT: Any objection?
MS. FULFORD: No objection.
JUDGE EVERETT: State's 100 admitted.
(State's Exhibit 100 received in evidence.)
MS. CAPPLEMAN: Permission to publish, Your Honor?
JUDGE EVERETT: You may.
(Audio recording published in open court. This transcript should not be considered a verbatim record of those 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 recording begins: )
CHARLIE ADELSON: Hey, what's going on?
ERIKA JOHNSON: The FBI is here asking for records for Katie.
CHARLIE ADELSON: For what?
ERIKA JOHNSON: That she -- that she worked here.
CHARLIE ADELSON: I would -- I wouldn't give them anything.
ERIKA JOHNSON: Yeah, and they -- they asked -- they asked did she work here. Yeah, she works here, but I don't know Cinaudible) .
CHARLIE ADELSON: Erika, Erika?
ERIKA JOHNSON: Yes.
CHARLIE ADELSON: Do me a favor, I'm not there right now.
ERIKA JOHNSON: Uh-huh.
CHARLIE ADELSON: And I'm in surgery.
ERIKA JOHNSON: Uh-huh.
CHARLIE ADELSON: But it's not my office. It's my dad's office.
ERIKA JOHNSON: Uh-huh.
CHARLIE ADELSON: So I can't give anything out.
ERIKA JOHNSON: Right.
CHARLIE ADELSON: TI don't have access to it. I don't know where anything is.
ERIKA JOHNSON: Okay.
CHARLIE ADELSON: So you don't -- you don't have access to anything.
ERIKA JOHNSON: TI don't know (inaudible).
CHARLIE ADELSON: Yeah. So I would do this, I would not -- I would not speak to anybody.
ERIKA JOHNSON: Uh-huh.
CHARLIE ADELSON: I mean, you can -- I mean, you can do whatever you want but I don't -- it's my dad's office.
ERIKA JOHNSON: Yeah.
CHARLIE ADELSON: So I don't have access to any of that stuff.
ERIKA JOHNSON: Okay.
CHARLIE ADELSON: So they can talk to my dad and I'm sure they'll be able to get whatever they want from them.
ERIKA JOHNSON: Okay. Understand.
CHARLIE ADELSON: So if I had it -- I mean, you can talk to them if you want. (inaudible) but --
ERIKA JOHNSON: No, you know, I'm going to do whatever you tell me --
CHARLIE ADELSON: Yeah. I mean -- no, no. I mean, I'm not -- I shouldn't say don't talk to them. Talk to whoever Cinaudible) you want to talk to but it's not my office and it's not your office.
ERIKA JOHNSON: Right.
CHARLIE ADELSON: So you don't have records to give them and I don't have records to give them so I'm sure they will be able to help them out in any way, any way they can.
ERIKA JOHNSON: Okay. So that's what I'll tell them.
CHARLIE ADELSON: Tell them that -- yeah, tell them that it's not -- I mean, it's not my office. This office was sold back to my dad actually --
ERIKA JOHNSON: Right.
CHARLIE ADELSON: -- a long time ago. So tell them that you'll -- the fact that you're talking to the wrong Dr. Adelson.
ERIKA JOHNSON: Right, right, right.
CHARLIE ADELSON: So what you need to do is tell them that you will get in contact. (Inaudible). I mean, you're sitting in your office. You can't Cinaudible).
ERIKA JOHNSON: Yeah, they say within 20 days of the Florida statute provide those cards with Cinaudible).
CHARLIE ADELSON: Are -- are they there now or did they --
ERIKA JOHNSON: They are there (inaudible) I'm in the back. They are just waiting for me to come back.
CHARLIE ADELSON: Oh, they want records?
ERIKA JOHNSON: Yeah.
CHARLIE ADELSON: Do me a -- do me a favor, I'm going to call you from a landline on your cell phone.
ERIKA JOHNSON: Okay.
CHARLIE ADELSON: Okay?
ERIKA JOHNSON: Okay.
CHARLIE ADELSON: All right, bye.
ERIKA JOHNSON: Bye.
(Audio recording concluded.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: During the surveillance of Katherine Magbanua, did law enforcement ever observe her to physically go to the Adelson Institute?
PATRICK SANFORD: No, we did not.
MS. CAPPLEMAN: Okay. And she later admitted that she did not do anything to earn those checks that she received, right?
PATRICK SANFORD: That's correct, she did admit that.
MS. CAPPLEMAN: Okay. And in at least this call, whose office does Charlie Adelson say the Adelson Institute belongs to?
PATRICK SANFORD: He says it -- he says it's his dad's office.
MS. CAPPLEMAN: And has been for a long time, right?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: And that was said on what date, June lst of '16; is that right?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: Okay. All right. Now, before we do this early breaking, I have one more thing. I want to try to circle back to the call that we had technical difficulties on, I think, twice. So I want to go back to Matsuri, which was the restaurant conversation between Charlie and Harvey Adelson. Do you recall that?
PATRICK SANFORD: That's correct, I do.
MS. CAPPLEMAN: And this call L.1 on State's Exhibit 99 was shortly after that or maybe during that. Could you tell us?
PATRICK SANFORD: This is 1695?
MS. CAPPLEMAN: Yes, sir.
PATRICK SANFORD: Yes, it's -- it's after the Matsuri, correct, between Charlie Adelson and his father, Harvey Adelson. And this call was between Charles Adelson, Harvey, and also his mother, Donna Adelson.
MS. CAPPLEMAN: All right. Thank you.
MS. CAPPLEMAN: Publish L.1, please.
(Audio recording 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 recording begins: )
CHARLIE ADELSON: Yeah, but, I mean, it's --
DONNA ADELSON: (Inaudible).
CHARLIE ADELSON: -- an hour -- it's an hour and 15 minutes there --
DONNA ADELSON: Sure.
CHARLIE ADELSON: -- and it's an hour and 15 minutes back here and I'll probably be there for two and a half hours.
DONNA ADELSON: Okay.
CHARLIE ADELSON: So, you know, I'm hoping to get to your place by 5:00, 5:30.
DONNA ADELSON: Okay. Yeah. If it doesn't make -- maybe, you know, maybe you'll stay a little bit later because dinner -- it's not going to be a late evening.
CHARLIE ADELSON: No, no, no. I can always talk to her after. I mean, it's not --
DONNA ADELSON: Yeah, that's what I'm thinking.
CHARLIE ADELSON: Can I just ask one thing?
DONNA ADELSON: Sure.
CHARLIE ADELSON: Has there been any more drama?
CHARLIE ADELSON: Zero?
DONNA ADELSON: Zero.
CHARLIE ADELSON: Yeah. Did -- did dad tell you what I spoke to him about?
DONNA ADELSON: Yeah, yeah, and I have a couple of questions. That's why I want to get a chance to see you tomorrow.
CHARLIE ADELSON: Yeah, but it makes it --
DONNA ADELSON: To go over those cases.
CHARLIE ADELSON: It makes perfect sense, though, doesn't it?
DONNA ADELSON: Yes, it does, but I still have some questions and things that I think need to be addressed but, you know, we'll do that tomorrow.
CHARLIE ADELSON: Yeah, no, I'll talk to you tomorrow about it.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: There's no -- there's no rush. TI don't start work til Monday.
DONNA ADELSON: Okay. Sounds good.
CHARLIE ADELSON: It's not like asking you tomorrow but --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: And what I -- I thought everything through again and again and again and I think I'ma 100 percent right.
DONNA ADELSON: Yeah, well, I hope so. That will be -- yeah.
CHARLIE ADELSON: Or -- or 99 percent right because none of it -- none of it makes any sense.
CHARLIE ADELSON: None of it makes any sense, I mean.
CHARLIE ADELSON: There's no --
DONNA ADELSON: I know.
CHARLIE ADELSON: It's not -- it's -- I'm just telling you, it's not done like that. It's not. I know -- I know for a fact, it's not.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: It's not done like that at all and they -- and they're -- they're approaching somebody who has nothing to do with anything, which is even sillier.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: So listen, my -- my feeling is, is that, you know, you go to -- I'll tell you what my feeling is tomorrow.
DONNA ADELSON: Yeah, let's -- yeah.
CHARLIE ADELSON: But it's just -- it's utter non -- it's utter nonsense. Like, that's the best way I can describe it is --
DONNA ADELSON: Yeah.
CHARLIE ADELSON: -- utter, utter, utter nonsense and I wouldn't pay it any attention, no attention at all. It's not -- it's not done like that. It's flat out -- it's not done like that.
DONNA ADELSON: Yeah. we'll -- we'll talk about it tomorrow.
CHARLIE ADELSON: Yeah, no, but, I mean, I can say it -- I can say it on the phone without saying it, but it's not done in such a nice manner.
CHARLIE ADELSON: No. It's not -- it's not done like that. It's done -- it's done like that if you want someone to talk to you. If it's -- otherwise, it would just be -- it wouldn't be done like that.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: Yeah, but there's nothing -- you know, listen, if you're -- listen --
DONNA ADELSON: Let's -- let's --
CHARLIE ADELSON: Yeah, I'll talk to you later.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: Anyway, that's -- that's really what I thought.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: I think it's utter nonsense.
DONNA ADELSON: Yeah.
CHARLIE ADELSON: I'll leave it at that.
DONNA ADELSON: Okay. (Cinaudible) Sweetie, are you going out tonight?
(Fast-forward. )
CHARLIE ADELSON: No, tomorrow -- tomorrow is going to be awesome and just -- just -- dad spoke to you about what I spoke to him about?
DONNA ADELSON: Yeah.
CHARLIE ADELSON: So don't -- and I'll even -- I'll even talk to you about it tomorrow.
DONNA ADELSON: Yeah, I appreciate it.
CHARLIE ADELSON: It -- it makes perfect sense, perfect sense.
DONNA ADELSON: well, I don't think -- is -- if June comes, I don't think we can do it afterwards because I can't -- I just --
CHARLIE ADELSON: June -- well, I can always tell June I'm talking to my office. It doesn't matter. She's got --
DONNA ADELSON: Trying (inaudible).
CHARLIE ADELSON: Oh, yeah, no. She won't get out of the Dolphin cheerleading until 5:30. She'll be --
DONNA ADELSON: Oh, oh.
CHARLIE ADELSON: -- in a sports bra and a pair of shorts and all sweaty.
DONNA ADELSON: All right.
CHARLIE ADELSON: So I'll -- I'll -- whatever, so --
DONNA ADELSON: All right. So --
CHARLIE ADELSON: She's not -- I'm -- I'm 99.999 percent sure she's not coming.
DONNA ADELSON: Okay.
CHARLIE ADELSON: Actually, I'm basically like a hundred percent sure.
DONNA ADELSON: Okay. All right, honey. well, go have a good night, get some rest. I need to Cinaudible) get them to sleep.
CHARLIE ADELSON: All right. Sounds good.
DONNA ADELSON: All right. I love you. I'm looking forward to seeing you tomorrow. Have fun. Okay. Just be careful.
CHARLIE ADELSON: Iwill. All right. Love you. Take care.
DONNA ADELSON: Love you too, honey.
(Audio recording concluded.)
MS. CAPPLEMAN: Is that a good place to recess for the day, Judge?
JUDGE EVERETT: It is.
Members of the jury, we are going to take our break for the evening at this point. Once again, do not discuss this case with each other or any other person, do not seek out any information about this case. we will resume tomorrow at 8:45. Please report at that time and we will get started with the trial, once again, at 9:00. Agent Sanford, unfortunately for him, will still be on the stand, but the Defense will have their opportunity to cross-examine at that point. Have a good evening.
(Jury exists courtroom.)
JUDGE EVERETT: Everyone can be seated.
Do we have any matters to address before going into tomorrow about scheduling or anything else?
MS. CAPPLEMAN: Judge, I do have a little bit more to do with Agent Sanford with the next item related to the exhibit that the Defense is reviewing still, so just for your planning purposes.
JUDGE EVERETT: I believe this is the matter that we addressed earlier, Mr. Zelman?
MR. ZELMAN: Yes, Your Honor. And Ms. Cappleman had also provided me with a one-page excerpt from my client's 2014 planner with some proposed redactions. I just need to have some conversation with Ms. Cappleman about the proposals. Hopefully, it won't be an issue that we need to address in the morning.
JUDGE EVERETT: All right. Bailiffs, you'll need to have the courtroom open at 8:15 so the Defense can speak with their client concerning these matters. For the State, please report at 8:40. By 8:45, once we have the jurors, we will keep moving.
MS. CAPPLEMAN: Yes, Your Honor.
MR. ZELMAN: Yes, sir.
JUDGE EVERETT: That's it for this evening. Have a good night, everyone.
(Proceedings concluded at 4:40 p.m.)