Patrick Sanford — Direct (Part 3)
307 linesJUDGE EVERETT: I remind you all concerning the cell phones, once again, please have them on before — turning them off. Also, no cell phones are to be aimed at any of our witnesses or jurors. Please, as well, while we are exchanging witnesses, if you walk out, please remain outside the door until the witness has finished their testimony or we are changing witnesses.
JUDGE EVERETT: Also, as well, while the testimony is occurring, there's not to be any head shaking, any gesturing, anything that would indicate that you are either agreeing or disagreeing with what is taking place. Again, there cannot be any improper influence on the jurors as they are watching and listening to the evidence. Any questions?
JUDGE EVERETT: We're going to have a brief break this morning before we get started. Or, I should say, before we actually get started, there's going to be about 30 minutes.
JUDGE EVERETT: If you need to stretch your legs, use the phone, get in the water, things of that nature, please do it now.
JUDGE EVERETT: You can tell the jurors, as well, if you're not certain that it's real.
JUDGE EVERETT: You may be seated.
JUDGE EVERETT: We are getting started a little bit behind today. We are going to continue with the examination of Special Agent Sanford at this time.
JUDGE EVERETT: Ms. Dugan, Ms. Cappleman — is he on his way to the stand?
JUDGE EVERETT: Special Agent, you remain under your oath to tell the truth. I might want to swear at you again, but please answer all matters truthfully with the remainder of your testimony.
PATRICK SANFORD: Yes, Your Honor.
JUDGE EVERETT: You may be seated.
JUDGE EVERETT: Ms. Cappleman, you may continue with the state's direct examination.
MS. CAPPLEMAN: Thank you, Judge.
MS. CAPPLEMAN: All right. So we concluded the wire calls yesterday.
MS. CAPPLEMAN: When in relation to that wire — or just when — were the arrests made in this case? Let's start with Sigfredo Garcia. When was he arrested?
PATRICK SANFORD: It was May 24th or 26th, somewhere around there, of 2016.
MS. CAPPLEMAN: All right. And Luis Rivera?
PATRICK SANFORD: A few days after that, I served him in the prison.
MS. CAPPLEMAN: Okay. He was already in prison for an unrelated offense?
PATRICK SANFORD: That's correct. He was already in prison.
MS. CAPPLEMAN: So also May of '16?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Okay. And what about Katherine Magbanua? When was she arrested?
PATRICK SANFORD: I don't remember the exact date. Could I refresh my memory with notes?
MS. CAPPLEMAN: Yes. Do you have the notes with you?
PATRICK SANFORD: I do.
PATRICK SANFORD: It was on 10-1 of '16.
MS. CAPPLEMAN: And then do you have the exact dates on the other two in there as well?
PATRICK SANFORD: I do.
PATRICK SANFORD: Mr. Adelson was arrested on 4-21 of '22.
MS. CAPPLEMAN: Garcia and Rivera first?
PATRICK SANFORD: Oh, Garcia and Rivera, yes.
PATRICK SANFORD: Mr. Garcia was 5-25 of '16.
MS. CAPPLEMAN: Okay. And Rivera?
PATRICK SANFORD: I don't have Mr. Rivera's exact date. Actually, it was 6-3 of '16, I believe, is when we went back to interview him with the warrant.
MS. CAPPLEMAN: Okay. So Garcia, 5-25 of '16; Rivera, 6-3 of '16; Magbanua, 10-1 of '16. Is that right?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Katherine Magbanua ultimately went to trial and was convicted, right?
PATRICK SANFORD: Yes, ma'am.
MS. CAPPLEMAN: Okay. And post-conviction, did she offer a proffer?
PATRICK SANFORD: She did.
MS. CAPPLEMAN: What is a proffer?
PATRICK SANFORD: A proffer is an agreement with the defense and the prosecution where she can come in and talk to us and tell us what happened without it being used against her.
MS. CAPPLEMAN: So that occurred on October 11th of '22.
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: That's the first proffer.
PATRICK SANFORD: Yes, ma'am.
MS. CAPPLEMAN: And were you present for her proffer on that date?
PATRICK SANFORD: Yes, ma'am.
MS. CAPPLEMAN: And also a follow-up interview with her on November 28 of that year, '22?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Okay. And at that point, the investigation had been ongoing for over eight years at that point, right?
PATRICK SANFORD: It had.
MS. CAPPLEMAN: Okay. Was there anything that Ms. Magbanua revealed in her proffers that was new to us, or that confirmed something that we had not known of before?
PATRICK SANFORD: Yes. She told us about the first time that Mr. Charlie Adelson approached her and asked her if she knew someone that could take care of someone. She told us about that and when it was, and she was able to give us the actual date that occurred based on some surrounding circumstances.
MS. CAPPLEMAN: Right?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: What was the date she said?
PATRICK SANFORD: It was October 31st of 2013 — like the year prior to the murder, on Halloween.
MS. CAPPLEMAN: Did she say where she was when the topic was first broached with her?
PATRICK SANFORD: She did. She said she was on Lincoln Road at a party with Mr. Adelson.
MS. CAPPLEMAN: And were you able to discover any evidence to confirm that Mr. Adelson was, in fact, on Lincoln Road that night as she claimed?
PATRICK SANFORD: Yes. I was familiar with Lincoln Road because it's a popular road in South Beach.
PATRICK SANFORD: So we looked back and found a text message where Mr. Adelson said that he was on Lincoln Road on Halloween. I'm going to show you.
MS. CAPPLEMAN: Do you recognize 86B?
PATRICK SANFORD: I do.
MS. CAPPLEMAN: Is that the text message in question?
PATRICK SANFORD: It is.
MS. CAPPLEMAN: Is it a fair and accurate copy of that text message?
PATRICK SANFORD: It is.
MS. CAPPLEMAN: Judge, I'm moving to evidence 86B, please.
JUDGE EVERETT: Any objection?
MS. FULFORD: No objection.
JUDGE EVERETT: 86B is admitted at this time.
MS. CAPPLEMAN: Who is the text to, and who is it from?
PATRICK SANFORD: It's from Charlie Adelson.
PATRICK SANFORD: And it just has a number.
MS. CAPPLEMAN: Unknown number?
PATRICK SANFORD: Unknown number.
MS. CAPPLEMAN: And what's the content of the text message?
PATRICK SANFORD: The text message says, "On Lincoln with my friends, come meet us."
MS. CAPPLEMAN: And on what date and time was that message sent?
PATRICK SANFORD: It says 11-1-13 at 1:04 a.m. UTC.
MS. CAPPLEMAN: So just after midnight on Halloween night.
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: And — was there something else that you learned from this Magbanua proffer that you hadn't known before?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: What was that?
PATRICK SANFORD: She told us about the night of the homicide, that she was going to Mr. Adelson's residence, and she believed that the Adelsons had been there.
MS. CAPPLEMAN: So she admitted that she went to Charlie's house to pick up the money?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: But then didn't end up leaving with it until the next morning — is that right?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Okay. But the bit about Donna Adelson — or Donna and Harvey Adelson — having brought the money, that was new to us?
PATRICK SANFORD: That was new, correct.
MS. CAPPLEMAN: And then we've seen Sergeant Corbitt's presentation, and I'll publish a slide from the screenshot of it.
MS. CAPPLEMAN: At 73 at this time.
MS. CAPPLEMAN: That's — the slide where we were able to find the text indicating that Donna Adelson said she was outside Charlie's house that night.
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: When — was the defendant arrested?
PATRICK SANFORD: The defendant was arrested on November the 13th of 2023.
MS. CAPPLEMAN: Okay. And I think you told us when Charlie Adelson was arrested. Will you repeat that, please?
PATRICK SANFORD: I believe it was 10-1 of '22.
PATRICK SANFORD: Oh, sorry — it was 4-21 of '22.
MS. CAPPLEMAN: 4-21-22 for Charlie Adelson's arrest. That was Charlie Adelson's arrest.
PATRICK SANFORD: Yes, ma'am.
MS. CAPPLEMAN: And shortly after Charlie Adelson's trial and conviction, was there a recorded call that was intercepted between Charlie Adelson and his mother, Donna Adelson?
PATRICK SANFORD: Yes, there was.
MS. CAPPLEMAN: And in that call, did something happen that caused the defendant to be recorded longer than the conversation between her and Charlie? Can you just sort of explain? She thought she hung up, but she didn't hang up — right?
PATRICK SANFORD: Correct. There was a jail call with Mr. Adelson, and at some point he dropped off the call.
PATRICK SANFORD: She thought the call had hung up, so she just apparently set her phone down — didn't hit "end" on her end of the line.
MS. CAPPLEMAN: And have you had an opportunity to review State's Exhibit 118, the recording of that call?
PATRICK SANFORD: I have.
MS. CAPPLEMAN: At this time, I'd ask to move into evidence State's Exhibit 118.
JUDGE EVERETT: Any objection to 118?
MS. FULFORD: No, Judge.
JUDGE EVERETT: State's 118 is admitted at this time.
MS. CAPPLEMAN: Permission to publish?
JUDGE EVERETT: You may.
AUDIO RECORDING: Look, I think that's one.
AUDIO RECORDING: I didn't say this to you before I picked up this one, but there's a lot of things that we have to do and we've got a very tight time frame. So one of them involves taking care of some things from Roman, taking care of some things through Steinberg. It was just — I've been on the phone all day, and Susan was nice enough when I called her. She said, "I'm going to gather everything up and I'm going to drive down." So she and Rick got here about, I don't know, 10 minutes before you called, and that she could work with us. We've got a couple of hours to take care of her.
AUDIO RECORDING: So we're working on that.
MS. CAPPLEMAN: Sorry to do that to you all with the headphones, but a couple of questions just to follow up on what she said so far. She says she's taking care of a couple of things for Roman. Who's Roman?
PATRICK SANFORD: Roman is the child of Charlie Adelson — a young child.
MS. CAPPLEMAN: And she mentioned Susan and Rick on there. Do you know who those people are?
PATRICK SANFORD: They're close friends of theirs.
MS. CAPPLEMAN: Okay. Sorry. Continue publishing.
MS. CAPPLEMAN: She mentions Dan here.
MS. CAPPLEMAN: Obviously not Dan Markel. Do you know who she's referencing?
PATRICK SANFORD: Yes, ma'am.
MS. CAPPLEMAN: What Dan is she referencing?
PATRICK SANFORD: Dan Rashbaum.
PATRICK SANFORD: Was Charlie's attorney.
MS. CAPPLEMAN: All right, thank you. Continue please. Because—
AUDIO RECORDING: I'll let you know what time to call him. Can you hear me? You can't hear me again, right? Can—
AUDIO RECORDING: You hear me? Can you hear me? The—
AUDIO RECORDING: Fourth time that they said they have — they could belong each time. Every—
AUDIO RECORDING: Time you reconnect, they say that doesn't happen. It's—
AUDIO RECORDING: That he's in this room, that these psychologists want to make sure they can — kill himself? So the psychologist is why he came, and he said to her, if you leave me — No, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no, no.
AUDIO RECORDING: An hour. But it doesn't move my mind.
AUDIO RECORDING: It's all — it's an old marriage on the inside. The poison is yourself.
AUDIO RECORDING: The lights never show. Get your knife. The rest of life is all right.
AUDIO RECORDING: He said, "I just want to go back where I was." He said, "I know people. I can see people." He said, "Here. I'm going to walk."
AUDIO RECORDING: So he's joking.
AUDIO RECORDING: Well, I'm sure we'll go back. We're just together.
AUDIO RECORDING: We're going to—
AUDIO RECORDING: I don't know when they're coming here.
AUDIO RECORDING: And we'll do it together.
AUDIO RECORDING: We'll then make a decision at some point. He said, "I just want to know what they're thinking up there." I don't know if we'll make it out in time, early on. The judge said, "You might, or you might just all miss it to the airport."
AUDIO RECORDING: I don't know, but it's worth a try.
AUDIO RECORDING: I don't know what we're doing with this, but I don't know what we're doing. And we have to look at stuff. We're going into this. Who's that? What will he charge?
AUDIO RECORDING: I'm out of the case. I have to fix this.
AUDIO RECORDING: The judge said, "I just met up with Charlie. He's worried about you. He wants to know what you're up to."
AUDIO RECORDING: Yes. "We know you never ask anything about your brother." And she doesn't, and she told me it's with her lawyer that she shouldn't ask, so we found out it's not true, but we just got off the phone with him.
AUDIO RECORDING: "I never told you that. I never could talk to you about it." "I know, but this last night, we know you never asked anything about your brother." This is 8 o'clock last night. "But we just got off the phone with him, and the first thing he asked was, how's Wendi holding up?"
AUDIO RECORDING: "I didn't have the heart to tell him that he never called up or asked about him. I just said we're worried about the phone calls right now."
AUDIO RECORDING: "Everyone wants to protect you."
AUDIO RECORDING: "I think you've got a lot to think about." She didn't answer.
AUDIO RECORDING: And I said, "Just got off the phone with Charlie. He is worried about you. He wants to know why we didn't speak. I told him a lie. I said we're only speaking with you and Dan right now. I couldn't bear to tell him the truth. Your sister never even called us, is the truth." So she says, "This morning" — I thought she was racing over here last night — "Dear Mom, I know you are upset by the burden, but the anger directed at me is not justified."
AUDIO RECORDING: "I'm not responsible in any way for Charlie's situation."
AUDIO RECORDING: "I am not guilty because I did not do anything wrong, and I was not involved in any way with Danny's death."
AUDIO RECORDING: "When I was interviewed by the police and testified in court, I told the truth, as I was required to. I cannot control how the prosecutor used my statement to try this trial." Again, I didn't say that.
AUDIO RECORDING: "Also, as you know, my lawyer has advised me not to talk to my family or anyone else about this case." Now, about the case, which is true — he's never done it. "I followed his advice despite your disagreements with his guidance. Please do not text me about this case anymore."
AUDIO RECORDING: "Not about the case" — is it? That's not what I said. That's a brother that he wants — "How are you, Eddie? How's that sister holding up?"
AUDIO RECORDING: Mm-hmm. She can't. "If you have anything further to say about the case, please go to our lawyers. Right now I have to be singularly focused on taking care of the boys during this difficult time."
AUDIO RECORDING: So I wrote back, "Okay. We have no desire to speak with you about the case. I guess Dad and I are just shocked that you didn't think of coming to see us or even calling us. We are your parents. We are and have always been there for you and the boys. None of what we wrote matters about the case. That's over. I just want you to know how many times Charlie is asking about you. Not only do you not ask about us, but not one question about Charlie."
AUDIO RECORDING: Right? "We will need to give you some information shortly, and we need some business assistance — business. Please let us know if you can be of any help." I have a space here. I want you to propose. I want her to have all this information. I have the cemetery property. I want her to see all that. I want her to have all these papers and the wills. I want her to see all this.
AUDIO RECORDING: "So please let us know if you can be of any help. The other thing is the visa, which she would know about." No, I'm kidding. "We need some business assistance. Please let us know. If not, we'll try to find someone who can help us. This needs an immediate reply so I can start asking other people to help." And then she always gets nervous if we want to talk to her. So I wrote, "Don't get nervous again. Nothing —" capital letters — "nothing about the case. Just like to show you some business stuff and personal things. If you can't do it, we must find someone who can. I hope you understand that it has nothing to do with the case. There is no more." And then I wrote, "By the way, you said you have to focus on the boys, like you told them—"
AUDIO RECORDING: So when I got to yours before, I said to him, because I was over there that night, I said, "Well, for you, that's Wendi" — but it hasn't got any words on part of it.
AUDIO RECORDING: "So you should tell the boys."
AUDIO RECORDING: And he said, "Now I know Vance is very close. There's lighting to show the boys."
AUDIO RECORDING: So I said, "How are they?"
AUDIO RECORDING: And Vance was very quiet on this.
AUDIO RECORDING: He didn't know he was going to touch.
AUDIO RECORDING: It was one thing telling me, "Oh, this is great, so we can go home."
AUDIO RECORDING: "This is never coming back."
AUDIO RECORDING: And so he did it for 10 minutes, and he was in shock. He said, "This is fine. He's a child."
AUDIO RECORDING: "That's okay. I don't want to say that I'm going to go to death. That's not my goal. I just want to know how hard it is."
AUDIO RECORDING: So that's — I was doing the technical stuff that I couldn't do on the computer. I had to just do it out of it. So I think the computer can't do it on purpose, so I said, can you help me with some computer stuff that I can't get done?
AUDIO RECORDING: And he was on some business calls, and so then he texted me just before I completed — maybe 5, 5:30, that'd be good.
AUDIO RECORDING: I said, yeah, but if I can get stuff done, then it's enough.
AUDIO RECORDING: We have to get them downloaded. And the other thing — I don't understand, I don't know if you're comfortable with it, we've been looking it up over and over, because things change if there is extradition from Vietnam.
AUDIO RECORDING: Because we've looked at all the places. I mean, I could go to Korea and China, but there's no extradition. But looking for places where there's no extradition.
AUDIO RECORDING: Maybe she knows, maybe she can look up the extradition, so we won't take their time.
AUDIO RECORDING: I need to tell you something as an attorney, who doesn't talk and has nothing to do with — it just has to do with mom and I, and some decisions that we have to make.
AUDIO RECORDING: And now you want to bring her off the show where everything is.
AUDIO RECORDING: It's a plane crash. No one's going to know where anything is, or who belongs to what.
AUDIO RECORDING: So I would like her to come up here so she can see it.
AUDIO RECORDING: I don't think that's asking too much. It's only three hours away.
AUDIO RECORDING: Every time she says, can you do this, can you come here, can you do this? Well, how many times do we have plans that I know can't be canceled when we need them to babysit?
AUDIO RECORDING: So we've been building nannies, and I guess our job is up.
AUDIO RECORDING: Because now we're going to own her. They can go out with friends, they can keep it on their own. So she doesn't need to have a grandpa.
AUDIO RECORDING: Okay, favorite.
AUDIO RECORDING: I have one son and two kids.
AUDIO RECORDING: And my daughter, who I love, is doing this? I don't get it. It's so dead.
AUDIO RECORDING: It's just a hard-earned win. God, a family was cut off because of something terrible. And I don't have to take care of it anymore.
AUDIO RECORDING: Don't.
AUDIO RECORDING: Better here than sitting at the table in the next chair.
AUDIO RECORDING: On your own, just click it on.
AUDIO RECORDING: Now I'm stuck.
AUDIO RECORDING: And we have a bunch of our faces. So I have to take a nice, shut-up sit-down because I'm stuck. I'm sure you'll appreciate what we did.
AUDIO RECORDING: I'll tell you if you need an address for some of the things that you need.
JUDGE EVERETT: Counsel, you may continue with your examination.
MS. CAPPLEMAN: All right, so are you aware of the date that Charlie Adelson was convicted?
PATRICK SANFORD: Yes.
MS. CAPPLEMAN: What was that date?
PATRICK SANFORD: It was November the 6th of 2023.
MS. CAPPLEMAN: And was this recording that we just heard that same day after the conviction?
PATRICK SANFORD: It's the day after the conviction, on 11-7, November 7th.
MS. CAPPLEMAN: All right. And we hear on this call that there appear to be some plans to potentially go to Vietnam. Are you familiar with that?
PATRICK SANFORD: I am.
MS. CAPPLEMAN: And based on this recording, did you do some investigative work to try to look into whether that was, in fact, really going to happen?
PATRICK SANFORD: I did.
MS. CAPPLEMAN: Okay. And what did you learn?
PATRICK SANFORD: We didn't hear the call for a couple days, so it was a few days later. But I did check with another government agency to try to find out if there was an international travel plan, and ultimately on the 13th, I believe it was, I was told that yes, there were travel plans made.
MS. CAPPLEMAN: And where were the travel plans to? Vietnam?
PATRICK SANFORD: They were to go through Dubai, then to Vietnam.
MS. CAPPLEMAN: And is Vietnam, in fact, a non-extradition country?
PATRICK SANFORD: It is.
MS. CAPPLEMAN: And is Dubai also non-extradition?
PATRICK SANFORD: That's correct, it is.
MS. CAPPLEMAN: And when was that travel plan supposed to occur?
PATRICK SANFORD: On the evening of November the 13th, '23.
MS. CAPPLEMAN: And were you able to intercept the defendant prior to taking off on that airplane?
PATRICK SANFORD: I was.
MS. CAPPLEMAN: Where did you do that?
PATRICK SANFORD: At the Miami International Airport, right through the gate check as they were boarding the plane, on the — on the jet bridge is what they call it.
MS. CAPPLEMAN: That was on November 13th, '23?
PATRICK SANFORD: Yes, ma'am.
MS. CAPPLEMAN: As part of your apprehension of the defendant, did you seize her cell phone that she was in possession of at the time of her arrest?
PATRICK SANFORD: I did.
MS. CAPPLEMAN: All right. And did she willingly allow you to do that?
PATRICK SANFORD: No, she did not.
MS. CAPPLEMAN: How did that go?
JUDGE EVERETT: The objection is being withdrawn. Agent Sanford, you can answer the question if you recall what it was.
MS. CAPPLEMAN: When you seized the defendant's cell phone, did she physically resist you?
PATRICK SANFORD: Yes, she did.
MS. CAPPLEMAN: Could you tell us about the physical resistance that she offered?
PATRICK SANFORD: Yes. I reached out to the phone, and when I grabbed a hold of it, she pulled it away and said no, and then kept holding it away from me, trying to turn away from me. Another officer who was there arresting her actually grabbed her arm and held it, and then we were able to finally take the phone out of her hand, but she was still trying to keep it from us.
MS. CAPPLEMAN: And pursuant to her arrest, was there a search warrant executed at her residence at the Icon?
PATRICK SANFORD: There was. Us.
MS. CAPPLEMAN: Okay. And did you handle that or did another agent handle that?
PATRICK SANFORD: Uh, another, uh, police department handled it locally.
MS. CAPPLEMAN: And are you familiar with the items that were seized during that search warrant?
PATRICK SANFORD: I am.
MS. CAPPLEMAN: Okay. And was there a planner — 2023 day planner — seized pursuant to that search warrant?
PATRICK SANFORD: There was.
MS. CAPPLEMAN: And have you had an opportunity to review that planner?
PATRICK SANFORD: I have.
MS. CAPPLEMAN: Okay. Was there a planner available for 2014 that was seized at the search warrant?
PATRICK SANFORD: Not seized at the search warrant, no ma'am. That planner was provided to the State Attorney's Office by the defendant's prior counsel, though.
MS. CAPPLEMAN: Do you recall that?
PATRICK SANFORD: That's my understanding, yes.
MS. CAPPLEMAN: And did you review the copy of the 2014 planner, at least whatever was provided to our office by Ms. Adelson's attorney?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: I'm going to show you what I've marked.
MS. CAPPLEMAN: These have been made based on the parties' agreement, but other than that, I would ask if those excerpts are fair and accurate.
PATRICK SANFORD: Yes, they are.
MS. CAPPLEMAN: Moving to evidence 122.
MS. FULFORD: An objection.
MS. FULFORD: Objection.
JUDGE EVERETT: State's 142 is admitted.
MS. CAPPLEMAN: In the 2014 planner, did Mrs. Adelson keep a lot of personal information and identifying information for members of her family and even, I think, some friends in there, too?
PATRICK SANFORD: She did.
MS. CAPPLEMAN: And as part of that information in the 2014 planner, did you locate any information specific to Dan Markel's vehicle?
PATRICK SANFORD: We did.
MS. CAPPLEMAN: What information was that?
PATRICK SANFORD: It's the '08 Accord on the left middle of the page, right there.
PATRICK SANFORD: It's the '08 Accord, and the tag number is 584YBM.
MS. CAPPLEMAN: That's Dan Markel's tag number at the time of his murder?
PATRICK SANFORD: It is.
MS. CAPPLEMAN: Same vehicle that the killers pursued?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: The flight that the defendant was attempting to board at the time of her arrest — was that a one-way flight or a round-trip flight?
PATRICK SANFORD: It was a one-way flight.
MS. CAPPLEMAN: No further questions.
JUDGE EVERETT: Cross-examination.
MS. FULFORD: May we have just a moment please.
JUDGE EVERETT: Before we move into the cross-examination, does anyone need to use the — no-hands?
MS. FULFORD: We would request a brief recess, please.
JUDGE EVERETT: That's fine.
JUDGE EVERETT: The bailiff will take you to the jury room.
JUDGE EVERETT: Even though not requested, please use the restroom at this time.
JUDGE EVERETT: We'll take a break for a few minutes until 10:20. If anyone does need to use the restroom or stretch your legs, this is your opportunity at this point. Bailiffs, if Mrs. Adelson does need to use the restroom as well, please take her at this time.
JUDGE EVERETT: Everyone can be seated.
JUDGE EVERETT: Please bring in the jurors.
JUDGE EVERETT: Everyone can be seated.
JUDGE EVERETT: Members of the jury, before the cross-examination begins, the State is going to ask one additional matter — or a few additional matters — to Agent Sanford.
JUDGE EVERETT: You may inquire.
MS. CAPPLEMAN: Thank you.
MS. CAPPLEMAN: Agent Sanford, apparently I managed to confuse and/or misspeak regarding the planners. So the planners are physical books that contain handwritten notes, correct?
PATRICK SANFORD: Correct.
MS. CAPPLEMAN: It's like a yearly calendar that has individual days on it that you can write notes under each day. And the planner that was seized — or at least one of the planners that was seized at the search warrant in 2023 — was the 2023 planner, correct?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: And that's an item that was seized by another agent, not you?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Okay. But you also came into possession of the 2014 planner, which is the planner from the year of the murder, right?
PATRICK SANFORD: Yes, ma'am.
MS. CAPPLEMAN: And some or all of that planner was provided by Mrs. Adelson's prior attorney, correct — not pursuant to the search warrant?
PATRICK SANFORD: That's correct.
MS. CAPPLEMAN: Okay. And it is in that planner from 2014 where Dan Markel's tag number was recorded?
PATRICK SANFORD: Yes, ma'am, that's correct.
MS. CAPPLEMAN: And on that exhibit, very small — But I am able to see the year here on the front page — 2014, right?
PATRICK SANFORD: Yes, ma'am. July 14, that's showing you like the next upcoming months. This is for June.
MS. CAPPLEMAN: That's correct. Okay. But in the very back of that planner, there's a place for names and addresses and notes. Is that where you located the information regarding Dan Markel's tag number?
PATRICK SANFORD: That's correct. It's after all the calendar months, just a note section in the back.
MS. CAPPLEMAN: Thank you, Judge. That's all.