Craig Isom — Direct/Cross/Redirect/Recross; Rivera-Attorney Deposition Logistics
1,860 linesMS. CAPPLEMAN: State calls Craig Isom.
JUDGE HANKINSON: Clerk, can you swear him, please?
COURT CLERK: Do you solemnly swear that the testimony you're about to give in this case will be the truth?
CRAIG ISOM: I do.
JUDGE HANKINSON: Have a seat.
MS. CAPPLEMAN: Please introduce yourself and spell your name.
CRAIG ISOM: Craig Isom.
CRAIG ISOM: C-R-A-I-G.
CRAIG ISOM: Last name, I-S-O-M.
MS. CAPPLEMAN: How are you employed?
CRAIG ISOM: I'm currently retired.
MS. CAPPLEMAN: Yay for you. When were you last employed?
CRAIG ISOM: September — into September 2017.
MS. CAPPLEMAN: And where were you employed last?
CRAIG ISOM: Tallahassee Police Department.
MS. CAPPLEMAN: How long did you work for TPD?
CRAIG ISOM: 28 and a half years.
MS. CAPPLEMAN: What were your duties there at the time that you retired?
CRAIG ISOM: I was a violent crimes investigator in the Criminal Investigation Division.
MS. CAPPLEMAN: And was that your position back in July of 2014?
CRAIG ISOM: It was.
MS. CAPPLEMAN: Were you assigned to investigate the murder of Dan Markel?
CRAIG ISOM: I was.
MS. CAPPLEMAN: Were you the lead investigator for the Tallahassee Police Department on that case?
CRAIG ISOM: I was.
MS. CAPPLEMAN: And were there other agencies that assisted you in this investigation?
CRAIG ISOM: Yes, there was.
MS. CAPPLEMAN: What agencies were those?
CRAIG ISOM: Predominantly the Federal Bureau of Investigation.
MS. CAPPLEMAN: And what was the purpose of having the FBI assist you?
CRAIG ISOM: Initially it was because we found out rather soon that this case was probably going to take on investigations in other parts of the state and possibly the country.
MS. CAPPLEMAN: And you don't have jurisdiction outside the state, but the FBI does?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: All right. Did you go to the crime scene?
CRAIG ISOM: I did.
MS. CAPPLEMAN: When did you go to the crime scene?
CRAIG ISOM: It was probably around, I would say, 11:30, 11:45 on July 18th.
MS. CAPPLEMAN: When you arrived, had Mr. Markel already been transported to the hospital?
CRAIG ISOM: Yes, he had.
MS. CAPPLEMAN: And did you look around the scene to observe whether there was any evidence to indicate there had been a robbery attempt or any forced entry to the residence?
CRAIG ISOM: I did, and found none.
MS. CAPPLEMAN: And did you — I assume it was relatively easy to identify Mr. Markel?
CRAIG ISOM: Well, he wasn't at the scene, but it was his car, his residence.
MS. CAPPLEMAN: And his wallet was in the vehicle with his identification?
CRAIG ISOM: The wallet was there, his cell phone, his eyeglasses.
MS. CAPPLEMAN: Did you make an effort to talk to people that were close to Mr. Markel?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: And who was the first person you interviewed?
CRAIG ISOM: The first person I interviewed was his ex-wife, Wendi Adelson.
MS. CAPPLEMAN: All right, and where did you locate Ms. Adelson?
CRAIG ISOM: She was at the Mosaic restaurant, um, in the Calarn common area.
MS. CAPPLEMAN: About what time did you make contact with her at the restaurant?
CRAIG ISOM: I believe it was about 1:30, 2 o'clock on the same day.
MS. CAPPLEMAN: 1:30 or 2 p.m. on the day of the homicide?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: Okay, so a couple hours after?
CRAIG ISOM: Yes. After I was done at the crime scene, I went to her location.
MS. CAPPLEMAN: And as a result of your interview with Ms. Adelson, did you take an interest in her parents and her brother?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: Did you, as a result of your interview, review any court filings?
CRAIG ISOM: I did.
MS. CAPPLEMAN: What court filings did you review?
CRAIG ISOM: I reviewed — I reviewed the filings from the Adelson-Markel divorce.
MS. CAPPLEMAN: What did you review, reference court filings?
CRAIG ISOM: I reviewed the filings from the Clerk of Court for Leon County concerning their divorce.
MS. CAPPLEMAN: Whose divorce?
CRAIG ISOM: Wendi Markel — Wendi Adelson — and Dan Markel.
MS. CAPPLEMAN: I'm going to approach and show you what I've marked as State's Exhibit.
MS. CAPPLEMAN: Pertaining to — review this exhibit?
CRAIG ISOM: Over time, yes.
MS. CAPPLEMAN: All right, and is this a fair and accurate copy of the divorce file of Wendi Adelson and Dan Markel?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: How many pages is it?
CRAIG ISOM: It's numerous. I'd have to count. It's a full binder. They're numbered.
MS. CAPPLEMAN: Okay. Well, go to 575.
MS. CAPPLEMAN: Was there — were there any — Well, Judge, at this time, I'd have to move...
MR. DECOSTE: Objection. Motion in limine. Sidebar.
JUDGE HANKINSON: Alright. We'll go to sidebar.
JUDGE HANKINSON: So subject to my ruling at sidebar: I'm admitting State's Exhibit.
MS. CAPPLEMAN: And as a result of your review of this State's exhibit, did you learn about any bad blood between Ms. Markel and her husband, and/or between her family and her husband?
CRAIG ISOM: I did.
JUDGE HANKINSON: You may answer the question.
CRAIG ISOM: I did.
MS. CAPPLEMAN: And what was that?
CRAIG ISOM: There was obviously a lot of contention in these — in these filings. They were quite lengthy.
CRAIG ISOM: actual divorce occurred in July
MS. CAPPLEMAN: Settled by July of what year?
CRAIG ISOM: 2013.
CRAIG ISOM: Okay, it was settled in a — it's what's called an MSA, a marital settlement agreement, and settled at that point, but even after that, the filings continued against one another. But it's that there was a Dan Markel filed a motion about sanctions, which means that he felt like there was money being withheld.
CRAIG ISOM: That his ex-wife had falsified or not come clean about all the money involved in the divorce. And then ultimately in March of 2013 — I'm sorry, 2014 — after the MSA, once the divorce was final, Markel filed another complaint, or motion.
MS. CAPPLEMAN: Dan Markel?
CRAIG ISOM: Dan Markel.
MS. CAPPLEMAN: March of 2014?
CRAIG ISOM: In March of — March 26th of 2014.
MS. CAPPLEMAN: All right, go ahead.
CRAIG ISOM: And the, uh —
MR. ZANGENEH: Judge, respectively, I'm going to object, the detective is reading off notes.
JUDGE HANKINSON: Overruled.
MR. DECOSTE: Your Honor, just for Magbanua, a standing objection, too.
JUDGE HANKINSON: Alright.
CRAIG ISOM: So, he was — this motion in March of 2014 was concerning inappropriate interaction by his mother-in-law. That would be Wendi Adelson's mother, Donna Adelson.
CRAIG ISOM: Because his children had told him, had made statements to him, repeating what Donna Adelson had stated about Dan Markel, which are things to the effect of "Grandma hates you," that kind of thing. "Grandma hates you." "Grandma thinks you're stupid."
MS. CAPPLEMAN: All right, so what was it that Mr. Markel was seeking the court to do in this motion?
CRAIG ISOM: He wanted to — he wanted no more disparaging remarks. There was an agreement during the MSA about love and companionship and, and niceness, for lack of a better term, between himself and his ex-wife, especially in front of the children. And so he requested the court sanction or put into place that Donna Adelson would not be able to have unsupervised unsupervised visits or contact, with the remarks that he stated his children made.
MS. CAPPLEMAN: And where did Donna Adelson reside?
CRAIG ISOM: She resided in Broward County, Coral Springs.
MS. CAPPLEMAN: All right, and this motion that you're referring to, was it ever ruled on by a court?
CRAIG ISOM: No.
MS. CAPPLEMAN: Why not?
CRAIG ISOM: Because of his death.
MS. CAPPLEMAN: And prior to this motion to preclude Donna Adelson from having unsupervised contact with the kids.
MS. CAPPLEMAN: Had Wendi Adelson sought to relocate?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: And that's documented in the divorce filings as well?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: Where was she seeking to relocate to?
CRAIG ISOM: To Coral Springs, Broward County, where her parents reside.
MS. CAPPLEMAN: All right, and was that ruled on by the court?
CRAIG ISOM: Yes. That was actually before the settlement agreement, that the judge for that case determined she could not leave Leon County with the children and relocate.
MS. CAPPLEMAN: And did you, when you interviewed Wendi Markel, or as part of your investigation, did you conduct an analysis or capture somehow the information on Wendi Adelson's laptop computer?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: And did you review some emails between Wendi Adelson and Donna Adelson?
CRAIG ISOM: I did.
MS. CAPPLEMAN: All right, and did that further interest you regarding potential motives for this case?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: How so?
CRAIG ISOM: The emails from her mother were strong—
MS. CAPPLEMAN: What do you mean?
CRAIG ISOM: Strong suggestions, if not demands, of what she should do to facilitate her and the children moving back to South Florida.
MS. CAPPLEMAN: What Wendi should do?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: All right, and what was Donna Adelson suggesting that Wendi Adelson should do?
CRAIG ISOM: She suggested threatening Dan Markel with the children going to a Christian church — specifically at one time a Catholic church — even though he was devout Jewish. Also suggested at one point a bribe, for the most part of a million dollars, split up between Wendi, Donna, and her husband Harvey, and their son, which is Wendi's older brother, Charlie.
MS. CAPPLEMAN: All right, let me back you up just a moment.
MS. CAPPLEMAN: So the first thing you mentioned was that Donna Adelson suggested to Wendi Adelson that, in order to facilitate the relocation, she could convert her children to Catholicism, or threaten to do that?
CRAIG ISOM: Threaten to do so.
MS. CAPPLEMAN: All right. And if you know, why would that have any impact on whether or not Mr. Markel would consent to letting his children go to South Florida?
MS. CAPPLEMAN: I was just getting a quick answer to that question.
MR. DECOSTE: Objection. Speculation, Your Honor.
JUDGE HANKINSON: Sustained.
MS. CAPPLEMAN: Okay. All right. So she suggests that Wendi Adelson could convert her children to Catholicism, or threaten to do so.
CRAIG ISOM: Yes.
MS. CAPPLEMAN: And she suggests a bribe to Dan Markel?
MR. DECOSTE: Objection. Leading.
JUDGE HANKINSON: Overruled.
CRAIG ISOM: Yes.
MS. CAPPLEMAN: And when you say split up between, what do you mean by that?
CRAIG ISOM: Split up three ways is how the email reads.
MS. CAPPLEMAN: Is that Wendi—
CRAIG ISOM: —would supply $333,000 and change; Donna and Harvey Adelson, her parents, would have responsibility for $330,000 and change, as well as Charlie Adelson.
MS. CAPPLEMAN: Did Wendi Adelson stand to gain anything financially from the death of Dan Markel?
CRAIG ISOM: Yes. My understanding is it's a lot, but my best understanding of the situation that Daniel Markel had set up was that he had a large life insurance policy for $2 million.
MR. ZANGENEH: Objection, Judge. Hearsay.
JUDGE HANKINSON: Sustained.
MR. DECOSTE: Move to strike. Curative, Your Honor.
JUDGE HANKINSON: There was no timely objection. I'll overrule that request.
MS. CAPPLEMAN: Okay, so I'll just ask her about that. I'll move on. Attempts to interview the Adelsons — tell us about your attempts to interview Harvey and Donna Adelson.
CRAIG ISOM: Daniel Markel was shot on July 18th, which was a Friday, just before... He subsequently passed on in the wee hours just after midnight, my understanding, on July 19th, which was Saturday morning.
CRAIG ISOM: There was a memorial service the very next day, on Sunday morning, at Shomrei Torah Synagogue on Cary Forest.
CRAIG ISOM: I attended that service. I went to that service, and while I was there, after the service was completed, I was approached by a woman who introduced herself to me as Donna Adelson.
CRAIG ISOM: We exchanged greetings, and she—
MS. CAPPLEMAN: Investigator Isom — or Mr. Isom now — did you request the woman that introduced herself to you as Donna Adelson, did you request for she and her husband to come to the police station to be interviewed by you?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: And did they ever do that?
CRAIG ISOM: No.
MS. CAPPLEMAN: And after your initial interview with Wendi Adelson, were you ever able to reach her again?
CRAIG ISOM: I attempted, on the Monday following the Sunday memorial service.
MS. CAPPLEMAN: And she basically hung up on you, is that correct?
CRAIG ISOM: Yes. Yes.
MS. CAPPLEMAN: Okay. Now, was that your last contact with Wendi Adelson?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: After you reviewed these — I guess you interviewed Wendi Adelson, you reviewed these documents from the divorce and the emails.
MS. CAPPLEMAN: Did you jump to the conclusion that these were the people that were responsible?
CRAIG ISOM: No.
MS. CAPPLEMAN: Did you pursue other leads as well as continuing to follow this lead?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: Independent of looking into the ex-wife and the in-laws, did you also attempt to gather information about the suspect vehicle in the case?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: All right. Could you tell us a little bit about the initial efforts to try to find the suspect Prius?
CRAIG ISOM: Well, the next-door neighbor was the one that reported the shooting to begin with, and he gave us a general description of a light-colored Prius type. Wasn't enough to put out a national bulletin or anything like that, but locally we had told people that this was the type of car that was seen leaving the house, backing out of the driveway, going towards Benton Road on the day of the shooting.
MS. CAPPLEMAN: Were you able to establish a timeline of the victim's activities prior to him being killed?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: And what was his timeline that morning?
CRAIG ISOM: Friday morning, he had the children with him, the two small boys.
CRAIG ISOM: He drove them to the daycare center on West Tharpe — I believe it was Creative Preschool. He dropped them off at 8:50 a.m. He left from there, traversed back across town, and went to the Premier Fitness on McLeague.
MS. CAPPLEMAN: And at the Premier Fitness, was surveillance video available?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: And have you had an opportunity to review the surveillance video?
CRAIG ISOM: Yes. Yes.
MS. CAPPLEMAN: And is there something you believe of evidentiary value on that video?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: All right. I would ask for permission at this time, Your Honor, to publish the surveillance video, which is marked as State's 124 and previously entered into evidence.
MS. CAPPLEMAN: Do you mind?
MS. CAPPLEMAN: They finally decided to stop letting me touch the equipment.
JUDGE HANKINSON: Do you want the lights down?
MS. CAPPLEMAN: Yes, sir.
JUDGE HANKINSON: Granger, may I turn the lights down for us, please, sir?
MS. CAPPLEMAN: What's that?
MS. CAPPLEMAN: Oh, he says they're over here.
MS. CAPPLEMAN: Does that mean you want me to do that?
JUDGE HANKINSON: No, I asked you, but you said no.
JUDGE HANKINSON: Granger.
MS. CAPPLEMAN: This is not my normal—
JUDGE HANKINSON: You might — Don't, don't stand in front of the jury.
MS. CAPPLEMAN: Right. Right. And kind of point that microphone at you, if you would.
CRAIG ISOM: No problem.
MS. CAPPLEMAN: Okay. Does he block him?
MS. CAPPLEMAN: Oh, okay.
MS. CAPPLEMAN: Is he blocking?
MS. CAPPLEMAN: What's that?
MS. CAPPLEMAN: Oh, okay.
JUDGE HANKINSON: They've got screens in front of them.
MS. CAPPLEMAN: Okay. All right, so if you're going to face that way, let's make sure they can hear you.
MS. CAPPLEMAN: Alright, so, black car with a circle there.
MS. CAPPLEMAN: Can you put that back on there, please?
CRAIG ISOM: This is a black Honda Accord that was owned and registered to Daniel Markel. He's entering this road over here, which is Village Square Boulevard. So he's entering the north part of Premier, Premier Health and Fitness.
MS. CAPPLEMAN: This is a surveillance camera that's mounted on top of the building?
CRAIG ISOM: This camera is maintained and operated by Premier Health and Fitness.
MS. CAPPLEMAN: On what date and time did Mr. Markel enter the parking lot of Premier Gym?
CRAIG ISOM: Well, he's there, as the time stamp indicates, the 18th of July, which is a Friday, 2014.
CRAIG ISOM: And the time stamp says, and it was verified, the time stamp is the actual time, to be 9-11-and-a-half, 37.
CRAIG ISOM: As you can see on the time stamp.
MS. CAPPLEMAN: Is there a whole other time stamp? I see
CRAIG ISOM: the car turning, it's the same car from another camera angle. This camera's pointing northwest. The black Honda had made the turn, made the left turn up at the end over here where the trees are. Now it's proceeding down the front drive, makes a right-hand turn, the trees are somewhat blocking it, but you can see part of the car going in. Two parts in the very front space is a green Prius, Toyota Prius car, that came in from another entrance off McClay Boulevard, the main entrance to Premier. As it indicates here, 9-12-34. So we're within seconds after Markel has parked his car, but well within a minute, right there is the same car. The last slide or video was 9-12-34; this camera is picking it up 9-12-37.
CRAIG ISOM: Same car right there.
CRAIG ISOM: And the victim's vehicle is still here. It hasn't moved. He has not got out of his car yet. So Mr. Markel is parked there just before 9-12 even, 9-57.
CRAIG ISOM: And now the Prius has entered from the main driveway entrance up here off McClay Boulevard. And now the car proceeding down the lane.
CRAIG ISOM: There's Mr. Markel getting out of his car.
CRAIG ISOM: See him again at the place through, passing by, American flag, red shirt, black shorts.
CRAIG ISOM: This is Mr. Dan Markel walking into the front doors.
CRAIG ISOM: So he's parked his car, now we're at 9-13, another angle, him walking in, the doors.
CRAIG ISOM: Mr. Markel's car is still there at 9-16. He's already entered the gym.
CRAIG ISOM: This part here, same Prius, going the opposite direction back down in front of the gym.
CRAIG ISOM: So that was 9-16-38.
MR. DECOSTE: Objection, under narrative. I don't believe it's been questioned for a while.
JUDGE HANKINSON: Overruled.
CRAIG ISOM: 9-16-38.
CRAIG ISOM: Now 9-16-48, he continued past the front of the gym and now he's going to the southern parking area.
CRAIG ISOM: There he is again, now he's traversing back opposite direction.
CRAIG ISOM: So stop, 10-38, a little over an hour. Markel is now exiting, going back out the front doors.
CRAIG ISOM: Same man as Markel, now exiting the front doors, walking back to his car.
CRAIG ISOM: Yes, he does.
MS. CAPPLEMAN: How long?
CRAIG ISOM: Approximately two or three minutes.
CRAIG ISOM: He's backing out of here.
CRAIG ISOM: 10-38, 15 seconds. That's 10-38 a.m. on the 18th of July. Markel is back out of his space, going around his corner, and now he's exiting the same way he entered earlier this morning.
CRAIG ISOM: This circle represents an activity in the back corner.
MS. CAPPLEMAN: So, what, if anything, were you able to learn about the suspect vehicle from — actually, let me strike that, please. I'm going to ask you some questions about the video itself. So did you have an opportunity to review the original footage that was used to compile these clips?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: Alright, and were each of the camera angles that we viewed in the clips ongoing and running throughout the entire time that Mr. Markel was in the gym?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: Okay, so to view in real time on the original footage all the different clips — like if we watched the whole little over an hour that he was in the gym — from how many different camera angles?
CRAIG ISOM: Four or five different camera angles. Well, there's — there's the two on the inside that you saw, and then there's one, two, three, at least four, possibly five on the outside of the gym.
MS. CAPPLEMAN: So it would take us about seven hours to watch?
CRAIG ISOM: Absolutely, yes.
MS. CAPPLEMAN: But that is available?
CRAIG ISOM: Yes. Yes.
MS. CAPPLEMAN: And has anything been added or deleted other than the circles that we made around the people and objects we were trying to draw attention to?
CRAIG ISOM: No.
MS. CAPPLEMAN: Alright. Now, tell me what, if anything, you were able to discern about that vehicle from this surveillance video.
CRAIG ISOM: We surmised, from looking at the video that we had at this time from the Premier gym, that this car was obviously following Dan Markel in his Honda.
CRAIG ISOM: We determined that it was probably a 2006 to 2009 Toyota Prius.
MS. CAPPLEMAN: What about the color?
CRAIG ISOM: The color was determined — we researched and actually talked to Toyota Corporation representatives — and the color was determined to be Silver Pine Mica. All
MS. CAPPLEMAN: All right, so both vehicles are seen at the end of that video leaving east on Village Square Boulevard toward Thomasville Road; is that right?
CRAIG ISOM: That's correct.
MS. CAPPLEMAN: And that was at 10:38 or 10:39 a.m.?
CRAIG ISOM: That's correct.
MS. CAPPLEMAN: And Our 911 call came in at what time?
CRAIG ISOM: 11:02 a.m.
MS. CAPPLEMAN: So based on that time frame, did you have a theory as to what route Mr. Markel may have taken when he left the gym?
CRAIG ISOM: Yes, because the most direct route would be out to Thomasville Road at Village Square, to Thomasville, south on Thomasville, to get to his home on Trescott Drive.
MS. CAPPLEMAN: And based on that theory, did you attempt to locate any additional surveillance that the victim and suspect may have been present on along that route?
CRAIG ISOM: Yes, we did.
MS. CAPPLEMAN: What businesses did you either attempt to collect or collect video from along that route?
CRAIG ISOM: From that route, there was the Sunoco gas station on Thomasville near — I can't think of the name — near the flyover, as well as the Shell station there at Timberlane Road and Thomasville.
MS. CAPPLEMAN: You also tried the Circle K?
CRAIG ISOM: I think that's the Shell Circle K — it's the same location.
MS. CAPPLEMAN: And Envision Credit Union?
CRAIG ISOM: I believe there was an attempt at Envision Credit Union.
CRAIG ISOM: From my understanding, other investigators checked based along the route.
MS. CAPPLEMAN: Someone had the idea to try to look at these cameras that are mounted on the city buses, correct?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: Yes. All right. And have you had an opportunity to review the State's exhibit in reference to the city bus footage that was captured?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: Judge, at this time I would ask to introduce into evidence the city bus footage, which was — I'm sorry, I would ask to publish it. State's 125.
JUDGE HANKINSON: And is this the one that Mr. Dietz has indicated was clarified?
MS. CAPPLEMAN: Yes, sir.
JUDGE HANKINSON: Okay. Anybody publish?
JUDGE HANKINSON: After that, when you get to a stopping point, Ms. Cappleman, then we'll probably do it for a break.
MS. CAPPLEMAN: Yes, sir.
JUDGE HANKINSON: prefer the lights behind it be — do you want it turned off, or are you looking at the TVs in front of you? Let me just ask: does anybody want the lights behind the screen turned off? Does that help anybody? Nobody? Okay.
CRAIG ISOM: This is a city bus that is approaching Thomasville Road on Killearn Commerce Drive.
CRAIG ISOM: Just for reference, there's a Regions Bank on the left-hand side of the road.
CRAIG ISOM: That's the view we have here.
CRAIG ISOM: And there is a Circle K gas station on the right.
MS. CAPPLEMAN: And what date and time?
CRAIG ISOM: That was the same day, July 18, 2014, Friday.
CRAIG ISOM: And the timestamp as shown on there indicates 10:44 and 31 seconds. The blue circle is the image of Markel's car southbound on Thomasville Road, so he has left Village Square Boulevard and now he's south.
JUDGE HANKINSON: Keep your voice up, please.
CRAIG ISOM: This image is the Prius that was following Mr. Markel out of the Premier parking lot.
CRAIG ISOM: Now it is southbound, roughly 10 seconds behind Markel, according to the timestamp.
CRAIG ISOM: This is the same exact bus, the same bus that was stopped before there to put a bike on the front, and they captured the two vehicles going by.
CRAIG ISOM: This is the exact bus that has now caught up to that Prius at the stoplight, Thomasville Road, southbound, at Metropolitan Boulevard.
MS. CAPPLEMAN: Do I have a number for you, sir?
CRAIG ISOM: No.
CRAIG ISOM: This image over here with the orange circle is the same car the bus was just behind.
CRAIG ISOM: The car has obviously changed lanes and now is in the left-hand turn lane on Thomasville Road to turn east onto Benton Road.
CRAIG ISOM: 51 and 52.
CRAIG ISOM: Should be an angle from the side. Well, this could have captured two — there are multiple cameras on the buses — but this image shows the Prius making the left-hand turn. And there's our friend with the bicycle taking it off.
MS. CAPPLEMAN: We're going to a different bus, right?
CRAIG ISOM: Right, this is bus 707.
MS. CAPPLEMAN: And at what time was this image taken?
CRAIG ISOM: This is at 10:55:18.
CRAIG ISOM: This bus is northbound on Thomasville Road.
CRAIG ISOM: And it is stopped at the intersection of Thomasville and Armistead. This is the Prius, now northbound.
CRAIG ISOM: This circle right here is of the passenger side, outside — passenger side rearview mirror on the outside of the car.
CRAIG ISOM: It's black.
CRAIG ISOM: The other mirror on this side is the same color as the car.
CRAIG ISOM: So they come with a new objection here.
MS. CAPPLEMAN: What's this thing?
CRAIG ISOM: One of them here is black.
MS. CAPPLEMAN: Correct.
MS. CAPPLEMAN: All right, what next?
CRAIG ISOM: The item that's circled anyway up here in the top center of the windshield appears to be an adhesive-type toll-paying device. The last circle down at the bottom right is in the bumper area, the bumper cover.
CRAIG ISOM: And that is a missing tow hook — so it's a pop-out piece of plastic.
CRAIG ISOM: It's gone. It's not been replaced.
CRAIG ISOM: But that hole is obviously missing — missing the passenger in this car as it was passed. Very animated, moving around, very excited. Also appears to be wearing a white shirt.
MR. ZANGENEH: Objection, Judge, calls for speculation.
JUDGE HANKINSON: Overruled.
MS. CAPPLEMAN: All right, now, is this the same bus that we just saw previously?
CRAIG ISOM: Same bus.
MS. CAPPLEMAN: So it's like north on Thomasville?
CRAIG ISOM: North on Thomasville. The bus is going at the Armistead intersection.
MS. CAPPLEMAN: Is that the last image the bus has of the police?
CRAIG ISOM: It is.
MS. CAPPLEMAN: And what direction was the place that it was last seen?
CRAIG ISOM: Northbound on Thomasville.
MS. CAPPLEMAN: Would that be consistent with all four at Interstate?
CRAIG ISOM: Yes, Interstate 10.
MS. CAPPLEMAN: Yes, if you want to take a recess now, I'd be okay. I'm not done with this witness.
JUDGE HANKINSON: Okay, we'll take 15 minutes.
JUDGE HANKINSON: Stay in session for just a moment. Jury may step out.
JUDGE HANKINSON: Let the defense attorneys see whatever notes you have or materials you have with you. We'll be in recess for 15 minutes.
MS. CAPPLEMAN: Yes, sir.
JUDGE HANKINSON: Everybody be seated, please. You may resume, Ms. Cappleman.
MS. CAPPLEMAN: Mr. Isom, we just watched State's Exhibit 125, the video that was prepared for the jury to see the relevant images on the bus video from that day. Did you have access to the raw footage before the clips were made with the circles added?
CRAIG ISOM: Yes, I did.
MS. CAPPLEMAN: And was anything other than the circles added or taken out from the raw footage?
CRAIG ISOM: No.
MS. CAPPLEMAN: I would have introduced into evidence State's Exhibit 173 included in the raw footage. I mean, you can watch the bus do its whole route on the raw footage, correct?
CRAIG ISOM: Correct.
MS. CAPPLEMAN: We don't want to do that, but I want to publish a portion, if I may.
MS. CAPPLEMAN: So is this the second bus that we observed earlier that's going to capture the Prius after the murder?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: You mentioned that you noticed a SunPass transponder on the front windshield of the suspect vehicle.
MS. CAPPLEMAN: Were any efforts made to collect additional information in reference to that SunPass transponder?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: Who administers SunPass?
CRAIG ISOM: Florida Department of Transportation.
MS. CAPPLEMAN: And what did you request regarding — what, if anything, did you request regarding the SunPass transponder on that Prius?
CRAIG ISOM: I requested what ended up being a lot of information, but eventually got whittled down. Initially I was attempting to locate that car by a SunPass registration, and that's when I found out there's literally thousands of Toyota Priuses with SunPass transponders.
MS. CAPPLEMAN: So you were not able to pull the needle out of that particular haystack?
CRAIG ISOM: No. No, that was — that was — it was a huge amount.
MS. CAPPLEMAN: All right. And was any cell phone analysis attempted in this case?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: And was it you or someone else who was responsible for analyzing the cell phone data that was collected?
CRAIG ISOM: That would be a part of the technical operations unit, which would be Sergeant Chris Corbitt.
MS. CAPPLEMAN: All right. And as part — I want to talk a little bit about the data that was collected that was later analyzed by Sergeant Corbitt.
MS. CAPPLEMAN: Did you make any efforts to try to locate any phones of interest that were in the area of Premier Gym during the times that we see the suspect vehicle present there?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: Tell us about that.
CRAIG ISOM: We had already obtained information on cell phones from the cell phone providers concerning Wendi Adelson, members of her family, obviously Dan Markel. In doing research into that, we came up with no real — obviously none of those people besides Markel and Wendi Adelson were in Tallahassee at the time.
MS. CAPPLEMAN: And what people are you referencing?
CRAIG ISOM: Repeat, please.
MS. CAPPLEMAN: What people are you referencing? You said none of those people other than Wendi and Dan.
CRAIG ISOM: The Adelson family — Charlie Adelson, Donna Adelson, Harvey Adelson.
MS. CAPPLEMAN: All right. So we collected phone records for those three people, correct?
CRAIG ISOM: Correct.
MS. CAPPLEMAN: Okay. And what about the area of Premier Gym? What was done there?
CRAIG ISOM: Premier Gym — in that area, the cell data for that was ultimately obtained by our department for all phones in the area at the time that Dan Markel was at Premier Gym, because our lead was there's a Prius that's similar to what the reporting person for the actual homicide described, and we have a Prius that's following him from Premier. So we obtained all the phones, the phone numbers, in the area of Premier Gym.
MS. CAPPLEMAN: —to cross-reference with the Adelsons' phone records. And how many phone numbers did that yield?
CRAIG ISOM: For which part of the network?
MS. CAPPLEMAN: That were in the area of Premier Gym, or being serviced by that cell tower that services that area.
CRAIG ISOM: Oh, I don't even know. I have no idea. It's a ton — a thousand, thousands of phones.
MS. CAPPLEMAN: All right. And would the cross-referencing of what resulted from that request about the phones in the area of Premier Gym with the cell phone records provided in reference to the Adelsons and Wendi and Dan Markel have been done by Sergeant Corbitt?
CRAIG ISOM: That's correct.
MS. CAPPLEMAN: Okay. And what I'm trying to get back to is how we narrowed down the SunPass.
MS. CAPPLEMAN: So as a result of that analysis, did you get a better idea of when you thought that SunPass transponder would have passed through particular toll booths?
CRAIG ISOM: Yes. But the SunPass transponder activates and there's a record that Department of Transportation keeps showing this account — it doesn't show a particular car, it shows that account having triggered a toll at certain toll plazas.
MS. CAPPLEMAN: Okay. But initially all you know is a Prius headed — we knew Thomasville, right? That there was a Prius heading toward Thomasville Road, down Thomasville Road toward the interstate, right?
CRAIG ISOM: Right.
MS. CAPPLEMAN: Okay. And so — but it's really the phone records, which we're going to hear from Sergeant Corbitt later, gave you a smaller window when you think that that vehicle may have passed through the toll plazas, correct?
CRAIG ISOM: Eventually, yes.
MS. CAPPLEMAN: Okay, so I want to talk about that more narrow window.
MS. CAPPLEMAN: Which toll plazas did you suspect the Prius passed through?
CRAIG ISOM: Initially, the most direct route, if there was any type of connection to South Florida, would be the toll plaza at Wildwood.
CRAIG ISOM: That, once again, was hundreds. Until we got the actual phone number in question to track, we didn't know exactly which way they went. We didn't know if that SunPass transponder was even active.
MS. CAPPLEMAN: Okay. But ultimately you had reason to look at the toll plazas at either end of Alligator Alley, South Florida, correct?
CRAIG ISOM: Correct. On I-75 near Naples on the west coast, and Fort Lauderdale. I 75 traverses through there, and ultimately we just determined that was the route that was taken. Instead of going straight up the spine of the state on the turnpike, the travel was out west on 75 and then up the west coast and intersecting with I-10.
MS. CAPPLEMAN: All right. And how many toll plazas would you pass there if you took that route?
CRAIG ISOM: Just one either way.
MS. CAPPLEMAN: All right. And did you request — again, in conjunction with the work of Sergeant Corbitt that we're going to hear more about later — the toll records for specific toll plazas at specific times?
CRAIG ISOM: I did.
MS. CAPPLEMAN: Could you tell us what those times were?
MR. DECOSTE: Objection.
JUDGE HANKINSON: Overruled. The question is — I understand — what specific times and dates did he request? Overruled the hearsay objection.
CRAIG ISOM: Would you like the leaving — Miami, or returning to Miami?
MS. CAPPLEMAN: Both, please. Let's start with leaving Miami headed to Tallahassee.
CRAIG ISOM: The transponder registered activity—
MR. DECOSTE: Objection.
JUDGE HANKINSON: Sustain the hearsay objection. The question was what did you request.
CRAIG ISOM: I requested toll activity for any type of Toyota Prius, the toll plaza in Broward County on I-75, which is also Alligator Alley westbound. I requested that for July 16th in the afternoon, and then I also requested the toll activity for a Toyota Prius on July 18, 2014, once again in the afternoon/evening hours, at the opposite end of Alligator Alley at Naples, eastbound. You're only tolled one direction or the other.
MS. CAPPLEMAN: And were you asking for — I'm looking for a transponder that fits both of these profiles: it was in the window on July 16th heading westbound, and it was also in the window on July 18th heading eastbound.
CRAIG ISOM: Yes.
MS. CAPPLEMAN: So I was asking for, is there a record of a vehicle that went through during these times — same vehicle, both at the east end and the west end, on these days? Only one vehicle doing that, and it has to be a Prius?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: All right. And how many transponder numbers resulted from that service?
CRAIG ISOM: One.
MR. DECOSTE: Objection, hearsay.
JUDGE HANKINSON: Overruled.
MS. CAPPLEMAN: All right. And what year was the Prius that passed through those two toll booths at those operative dates and times? What was the transponder number that you were provided? Did you do anything with the transponder number that you were provided?
CRAIG ISOM: I requested from Florida Department of Transportation the customer information that subscribed to that transponder.
MS. CAPPLEMAN: All right. And upon receiving that information, did you learn that the transponder was assigned to a particular business?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: And what business was that?
MR. ZANGENEH: Objection.
JUDGE HANKINSON: Sustained.
MS. CAPPLEMAN: I'm going to show you State's Exhibit 123 with certification of authenticity. Does this State's exhibit contain a fair and accurate copy of all the records you received from your SunPass toll record requests?
CRAIG ISOM: To the best of my knowledge, yes.
MS. CAPPLEMAN: At this time I'd ask to move into evidence State's Exhibit 127.
MR. DECOSTE: Objection. Hearsay. Improper foundation.
JUDGE HANKINSON: There's a certificate of authenticity.
MS. CAPPLEMAN: Yes, Your Honor.
JUDGE HANKINSON: That objection's overruled.
MS. CAPPLEMAN: Is the item admitted?
MS. CAPPLEMAN: All right. So what business was the transponder in question assigned to?
CRAIG ISOM: The business in North Miami called Hybrid Rent-A-Car, and it's also called Save Gas.
MS. CAPPLEMAN: And what is the address of that business?
CRAIG ISOM: 11032 Biscayne Boulevard, Miami, Florida.
MS. CAPPLEMAN: And have you had the opportunity to review any documentation collected from that business regarding the Prius in question?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: Approach with what I've marked as State's Exhibit 82.
MS. CAPPLEMAN: Exhibit — how are you familiar with it?
CRAIG ISOM: This is the rental agreement for a Toyota Prius that is completed and shows the name of the renting customer as Luis Rivera.
MS. CAPPLEMAN: Is this a fair and accurate copy of the documentation we were provided from this business regarding the rental of this Prius?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: So, certificate of authenticity —
MR. DECOSTE: Objection. Hearsay, lack of business record, foundation.
JUDGE HANKINSON: Overruled. It'll be admitted.
MS. CAPPLEMAN: May I have the projector, please.
JUDGE HANKINSON: While he's doing that, maybe I'll explain to the jury a little bit what this certification is about. There is a statutory procedure in Florida where, if a business certifies that these are accurate business records and there's an affidavit to that effect, those records are admissible in court unless some specific objection is timely made before trial. So that's what we're talking about — certificate of authenticity.
JUDGE HANKINSON: That's what these items have been admitted — the idea is we don't want to have to bring in a custodian from every business that has records just to certify their records when there's really no dispute as to these records.
MS. CAPPLEMAN: The other monitors are okay?
MS. CAPPLEMAN: The certification and/or declaration of authenticity, and — And the person that rented the vehicle was who?
CRAIG ISOM: Luis Rivera.
MS. CAPPLEMAN: What address is listed for Luis Rivera in this?
CRAIG ISOM: The document shows Luis Rivera's address is 1805 Normandy Drive, Number 3, Miami Beach, Florida.
CRAIG ISOM: Yes, phone number is below: 305-570-8153.
MS. CAPPLEMAN: What about this number up here, listed as "brother"?
CRAIG ISOM: That was put at the top of the rental contract.
CRAIG ISOM: It indicates the word "brother."
CRAIG ISOM: Below that is a phone number: 786-372-5986.
MS. CAPPLEMAN: Now, are you able to tell us what year the Pri transponder in question?
CRAIG ISOM: Right, the year indicated is the 2008.
MS. CAPPLEMAN: And that is consistent with the Department of Highway Safety and Motor Vehicles registration for that business that was obtained through the transponder — and this contract is that year?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: And what else do we know from this about the rental of this vehicle — when was it —
CRAIG ISOM: — was checked out or rented on the 15th of July, 2014, and it was due back, according to this, on the 17th.
MS. CAPPLEMAN: Cash? Do —
JUDGE HANKINSON: You get the special strobe effect on the monitors also. Okay, they get that extra also.
CRAIG ISOM: Provided, yes.
MS. CAPPLEMAN: The rental agency made a copy of the renter's driver's license?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: Approach. — and show you what I've marked as State's Exhibit 128.
MS. CAPPLEMAN: Do you recognize State's 128?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: How do you recognize them?
CRAIG ISOM: These are phone records from the two defendants.
MS. CAPPLEMAN: All right. I want to specifically ask you about Luis Rivera.
MS. CAPPLEMAN: Did you request the phone records in reference to the 305-570-8153 number?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: That's the number that was listed on the rental contract and the driver's license?
CRAIG ISOM: Correct.
MS. CAPPLEMAN: And are those contained in the State's Exhibit 128?
CRAIG ISOM: They should be.
MS. CAPPLEMAN: Okay.
MS. CAPPLEMAN: And the phone number that's listed as "brother" on the rental agreement, 786-372-5986 — did you do any additional work in reference to, or request any records in reference to, that number?
CRAIG ISOM: Yes. We obtained records and were able to identify the user of that number.
MS. CAPPLEMAN: Approach with State's Exhibit 129. You reviewed State's 129?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: A fair and accurate copy of the records you received in reference to that 5986 number that was listed on the rental agreement as "brother"?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: Okay. And were you able to identify the user of the phone number listed as "brother"?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: How were you able to do that?
CRAIG ISOM: The phone number that's indicated as "brother" on the rental contract was determined through research on Facebook and other means, and — yes.
CRAIG ISOM: This should be information from a Facebook account.
MR. DECOSTE: Objection. Hearsay.
JUDGE HANKINSON: Overruled.
MS. CAPPLEMAN: Does the disc in State's exhibit 130 contain a business record affidavit of authenticity for the Facebook of Tuto Dade?
CRAIG ISOM: My understanding is it does. It has certification written on it.
MS. CAPPLEMAN: What is contained on that disc?
CRAIG ISOM: Images and dialogue on that Facebook page.
MS. CAPPLEMAN: Who is Tuto Dade?
JUDGE HANKINSON: Spell that. Spell that. What is it? T-U-T?
MS. CAPPLEMAN: T-U-T-O-Space-D-A-D-E.
JUDGE HANKINSON: Do that again. I'm sorry.
MS. CAPPLEMAN: T-U-T-O-Space-D-A-D-E.
MS. CAPPLEMAN: And who is Tuto Dade?
MR. ZANGENEH: Objection, Judge. Calls for speculation.
JUDGE HANKINSON: There's no predicate but I'll sustain the objection.
MS. CAPPLEMAN: You use Facebook records to verify who the number is that belongs to the 5986 number on that rental contract that's listed as brother?
CRAIG ISOM: Correct.
MS. CAPPLEMAN: And when you used the Facebook records to verify that, did you use the Facebook records contained in State's Exhibit 130?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: And was that phone number associated with the rental car contract, listed as brother, ending in 5986, next to the phone number associated with the Facebook account on State's Exhibit 130?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: And who is pictured as the owner of the website?
JUDGE HANKINSON: I've sustained a hearsay objection to that, Ms. Cappleman. If you want to put these things in evidence, let's put them in evidence so we can talk about them. Otherwise, it's hearsay.
MS. CAPPLEMAN: State's Exhibit 128, you previously testified, was the phone records of the two defendants.
CRAIG ISOM: I'm sorry, that's not correct. I was reading it wrong on the thing, but it shows that it's the phone records for Luis Rivera. 128, Luis Rivera phone records.
MS. CAPPLEMAN: State's Exhibit 129.
CRAIG ISOM: 129 are phone records for Sigfredo Garcia.
MS. CAPPLEMAN: Ask to move into evidence State's 128 and 129.
JUDGE HANKINSON: Do these have a certificate of authenticity?
MS. CAPPLEMAN: Yes, Your Honor.
JUDGE HANKINSON: You all wish to be heard?
MR. ZANGENEH: No, Judge.
MR. DECOSTE: No, Your Honor.
JUDGE HANKINSON: 128 and 129 are admitted.
MS. CAPPLEMAN: Does the Facebook account in State's Exhibit 130 have a business record certificate of authenticity?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: At this time, I ask to move into evidence State's Exhibit 130.
JUDGE HANKINSON: Second. Is there a motion to approve a business record certificate of authenticity?
JUDGE HANKINSON: Is there a certificate of authenticity on this?
MS. CAPPLEMAN: I believe the witness said there was. Yes, Your Honor.
JUDGE HANKINSON: We'll go to sidebar.
JUDGE HANKINSON: As to State's Exhibit 130, however, I admit State's Exhibits 76 and 77 subject to objection.
MS. CAPPLEMAN: Is this part of the return that you got from Facebook in reference to your statement for two or three days on Facebook?
MS. CAPPLEMAN: Your Honor, can I put this monitor up here in front of me?
JUDGE HANKINSON: Okay.
JUDGE HANKINSON: I don't believe it was the answer to the question.
MS. CAPPLEMAN: Is this part of what you got from Facebook?
CRAIG ISOM: Part of the record, it is.
MS. CAPPLEMAN: And is the phone number listed as "brother" on the rental agreement with the Prius shown on this document?
CRAIG ISOM: It is right there at the bottom, and of course his phone number is underneath current city.
JUDGE HANKINSON: Ms. Cappleman, you're going to need a little better record here. Having a hard time hearing you.
MS. CAPPLEMAN: So what I want to know is, you've got on the rental car contract this number for brother, 5-9-8-6. Is that number present on this Facebook record?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: Was it listed as a phone number for the owner of this Facebook account?
CRAIG ISOM: Correct.
MS. CAPPLEMAN: Was there a photo of the owner of the Facebook account?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: Were you able to identify the owner of the Facebook account from that photo?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: State's Exhibit 70.
MS. CAPPLEMAN: So it's a photograph.
MS. CAPPLEMAN: Can we turn it?
CRAIG ISOM: Repeat, please. I couldn't hear you.
MS. CAPPLEMAN: Oh, I'm sorry. Who is this a photograph of?
CRAIG ISOM: The defendant, Sigfredo Garcia.
MS. CAPPLEMAN: Approach and show you what I've marked as State's Exhibit.
JUDGE HANKINSON: Do you want to put the monitor down?
JUDGE HANKINSON: Let's see. What's that look?
MS. CAPPLEMAN: This is exhibit 78.
MS. CAPPLEMAN: Do you recognize State's 78?
CRAIG ISOM: Yes, I do.
MS. CAPPLEMAN: How do you recognize that?
CRAIG ISOM: This was obtained during the investigation.
CRAIG ISOM: It's a pawn shop receipt from Miami, Florida.
MS. CAPPLEMAN: Does the exhibit contain a business record affidavit of authenticity for the pawn shop ticket?
CRAIG ISOM: It does.
MS. CAPPLEMAN: The pawn shop ticket contains the name of who it is that's pawning an item?
CRAIG ISOM: It does.
MS. CAPPLEMAN: Who is that?
CRAIG ISOM: Sigfredo Garcia.
MR. ZANGENEH: Objection, Judge.
JUDGE HANKINSON: Your legal objection?
MR. ZANGENEH: It's hearsay.
JUDGE HANKINSON: Overruled.
MS. CAPPLEMAN: Is there a phone number associated with Mr. Garcia present on the pawn ticket?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: All right, Judge, at this time I would ask to move into evidence State's Exhibit 78.
JUDGE HANKINSON: I thought that's what you'd already done.
JUDGE HANKINSON: Wish to be heard?
JUDGE HANKINSON: There you go. It'll be admitted.
MS. CAPPLEMAN: What is the phone number associated with Mr. Garcia on the pawn shop ticket?
CRAIG ISOM: 786-372-5986.
MS. CAPPLEMAN: And when was this document created?
CRAIG ISOM: 15th of October, 2013.
MS. CAPPLEMAN: I'd like to turn it back to you, please.
MS. CAPPLEMAN: Did either Luis Rivera, the renter on the Prius contract, or Sigfredo Garcia, the man listed as brother on the contract, did either of them have any connection to Dan Markel?
CRAIG ISOM: No, we could find—
JUDGE HANKINSON: I'm actually going to sustain.
JUDGE HANKINSON: Sustained.
MS. CAPPLEMAN: All right. All right, did Sigfredo Garcia have a mother of his children?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: And who was that?
CRAIG ISOM: The defendant, Katherine Magbanua.
MS. CAPPLEMAN: And was Ms. Magbanua also in a relationship with somebody in the Adelson family?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: And who was that?
CRAIG ISOM: Wendi Adelson's brother, Charlie Adelson.
MS. CAPPLEMAN: Did you also request phone records from Wendi Adelson?
CRAIG ISOM: Yes, for her phone.
MS. CAPPLEMAN: Is that a fair and accurate copy of the information you received in response to your request for Wendi Adelson's cell phone information?
CRAIG ISOM: It is.
MS. CAPPLEMAN: And what phone number is associated with Wendi Adelson?
CRAIG ISOM: 954-803-0079.
MS. CAPPLEMAN: And how do you know that that number is associated with Ms. Adelson?
CRAIG ISOM: She provided it, and she allowed her phone to be downloaded to verify the phone number that she provided.
MS. CAPPLEMAN: Were you also provided with the address that Wendi Adelson was residing at around the time of the homicide?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: What address was that?
CRAIG ISOM: 3303 Aqua Ridge Drive, city — Tallahassee, Florida.
MS. CAPPLEMAN: All right, Judge, at this time I would ask to move into evidence State's 131, the disc with the phone records related to Wendi Adelson.
JUDGE HANKINSON: Objection?
MR. ZANGENEH: No objection from Mr. Garcia.
MR. DECOSTE: Objection. Hearsay.
JUDGE HANKINSON: Overruled.
MS. CAPPLEMAN: I'm going to approach with some additional.
MS. CAPPLEMAN: 132. Do you recognize State's 132?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: How do you recognize that exhibit?
CRAIG ISOM: It shows the Donna Adelson phone records.
MS. CAPPLEMAN: What phone number is associated with Donna Adelson?
CRAIG ISOM: 954-396-0997.
MS. CAPPLEMAN: How do we know that these records, or that phone number, is associated with Donna Adelson?
CRAIG ISOM: It came from a contact list in Wendi Adelson's phone.
MS. CAPPLEMAN: All right. And is State's Exhibit 132 a fair and accurate copy of the records you got, including a business records certificate of office this morning?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: Judge, at this time, I'd ask to move into evidence State's 132.
JUDGE HANKINSON: Is there an objection?
MR. ZANGENEH: Not from Mr. Garcia, Judge.
MR. DECOSTE: No objection.
JUDGE HANKINSON: It'll be admitted.
MS. CAPPLEMAN: Were you able to determine the address that Donna Adelson was residing at around the time of the homicide?
CRAIG ISOM: Yes. 9909 Northwest 14th Court, Coral Springs, Florida.
MS. CAPPLEMAN: Is she married?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: What is her husband's name?
CRAIG ISOM: Harvey Adelson.
MS. CAPPLEMAN: Showing you State's Exhibit 134, do you recognize this exhibit?
MS. CAPPLEMAN: How do you recognize it?
CRAIG ISOM: These are phone records for Harvey Adelson's cellular phone.
MS. CAPPLEMAN: Does that exhibit contain a fair and accurate copy of Harvey Adelson's phone number along with a certificate of authenticity?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: Judge, I ask to move into evidence State's 134.
JUDGE HANKINSON: Objection?
MR. ZANGENEH: None from Mr. Garcia.
MR. DECOSTE: No objection.
JUDGE HANKINSON: Please admit it.
MS. CAPPLEMAN: And is this phone number registered in Mr. Harvey Adelson's name?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: Mr. Adelson, at the time of the homicide, was Mr. Harvey Adelson residing at the same residence with Thomas Adelson?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: I'll show you State's Exhibit 133.
MS. CAPPLEMAN: Do you recognize 133?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: How do you recognize it?
CRAIG ISOM: These are phone records for Wendi Adelson's brother, Charlie Adelson's, cellular phone.
MS. CAPPLEMAN: And what is the number associated with Charlie Adelson?
CRAIG ISOM: 954-254-9223.
MS. CAPPLEMAN: Does this contain a fair and accurate copy of Mr. Adelson's records in response to your subpoena, as well as a certificate of authenticity?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: Judge, at this time, I'd ask to move into evidence State's 133.
JUDGE HANKINSON: I don't know whether it was intended, but I don't think we heard a number for Harvey Adelson. Maybe that was 134.
MS. CAPPLEMAN: Could you please list the number for Mr. Harvey Adelson?
CRAIG ISOM: 954-980-9032.
MS. CAPPLEMAN: In reference to Charlie Adelson's number, and he is 9223, is that phone number registered in the name of Charlie Adelson?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: And is that phone number in Wendi's contact information, Charlie's contact photo?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: Were you able to determine what address Charlie Adelson was residing at around the time of the incident?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: What is that? What is that?
CRAIG ISOM: 2518 Whale Harbor Lane, Fort Lauderdale, Florida.
MS. CAPPLEMAN: Next, I want to show you State's Exhibit 135.
MS. CAPPLEMAN: Do you recognize State's 135?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: How do you recognize them?
CRAIG ISOM: These are phone records for the cell phone of Katherine Magbanua.
MS. CAPPLEMAN: What phone number are those records associated with?
CRAIG ISOM: 786-564-1312.
CRAIG ISOM: It does.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: Not from Mr. Garcia.
MR. DECOSTE: No objection.
JUDGE HANKINSON: It'll be admitted.
MS. CAPPLEMAN: Last, I'd like to offer 137. Do you recognize 137?
CRAIG ISOM: I do. These are phone records for the cell phone of Daniel Markel. No, it's a 202 area code, and it's an 8200.
MS. CAPPLEMAN: Okay. If I said it, would you be able to say yes or no?
CRAIG ISOM: Yes, I'll be able to say yes or no.
MS. CAPPLEMAN: All right. 202-276-8200?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: All right. Judge, at this time, I would ask to move into evidence State's 137, which does contain a certificate of authenticity.
JUDGE HANKINSON: Objection?
MR. ZANGENEH: I apologize, Judge, I couldn't hear who's phone number this was?
MS. CAPPLEMAN: Dan Markel.
MR. ZANGENEH: Okay.
MR. DECOSTE: No objection.
JUDGE HANKINSON: Be admitted.
MS. CAPPLEMAN: May I have a moment please, Judge?
JUDGE HANKINSON: You may.
MS. CAPPLEMAN: I'm approaching with State's Exhibit 64, the State's 64.
CRAIG ISOM: I do.
MS. CAPPLEMAN: How do you recognize it?
CRAIG ISOM: These are still images of the Toyota Prius passing — or passing, the Toyota Prius passing — in the next lane of the bus that is northbound on Thomasville Road at Palmstead.
MS. CAPPLEMAN: And are those stills taken from that bus video? Is it repeated or not?
CRAIG ISOM: Both are, yes.
MS. CAPPLEMAN: At this time, I'd ask to move into evidence State's 4.
JUDGE HANKINSON: Objection?
MR. ZANGENEH: Can I confer with counsel for a minute?
JUDGE HANKINSON: You may.
MR. ZANGENEH: Judge, I believe since they've entered into evidence the video, that would be the best evidence of the video.
JUDGE HANKINSON: Magbanua?
MR. DECOSTE: No objection to that.
JUDGE HANKINSON: It'll be admitted.
MS. CAPPLEMAN: May I approach?
JUDGE HANKINSON: You may.
MS. CAPPLEMAN: No further questions at this time., Your Honor.
JUDGE HANKINSON: Cross. Garcia.
MR. DECOSTE: Your Honor, while they do that, and given that there's a chance I may cross before lunch, do you have in mind if I start setting up?
JUDGE HANKINSON: Setting up what?
MR. DECOSTE: Uh, an easel and a demonstrative. I'm afraid of the electronics — I'm going old school.
JUDGE HANKINSON: Not something that's visible to the jury.
MR. DECOSTE: No.
JUDGE HANKINSON: You may.
MR. ZANGENEH: Good afternoon, Detective.
MR. ZANGENEH: So let me ask you a few quick questions with regards to the initial surveillance video that we saw from Premier Fitness.
MR. ZANGENEH: What we have here, there are multiple.
CRAIG ISOM: On top of the roof of Premier, yes.
MR. ZANGENEH: Getting an aerial view.
CRAIG ISOM: Yes.
MR. ZANGENEH: Right there.
MR. ZANGENEH: That's Dan Markel, correct?
CRAIG ISOM: Correct.
MR. ZANGENEH: This is 9:11:36.
MR. ZANGENEH: And based on your investigation in this case, is that timestamp an accurate reflection of the time that you placed that one?
CRAIG ISOM: Based on the fact that when the video was recovered from Premier, it was validated that the time on the camera system was accurate with the current time at the time.
MR. ZANGENEH: You see next.
CRAIG ISOM: Yes.
CRAIG ISOM: Yes.
MR. ZANGENEH: And it seems that it appears he's driving to find a parking spot to go to, right?
CRAIG ISOM: Yes.
MR. ZANGENEH: At almost 9:12, right?
CRAIG ISOM: Yes.
MR. ZANGENEH: Now, you indicated that he entered into the Premier parking lot through what?
CRAIG ISOM: The side entrance off Village Square Boulevard.
MR. ZANGENEH: That's going to show at — 9:12 and 34 seconds, correct?
CRAIG ISOM: Yes.
MR. ZANGENEH: And how far is the distance from the initial—
CRAIG ISOM: The — The distance you're asking me? I would say 250 feet.
MR. ZANGENEH: Where — where you saw that turning is the overhang for the entrance doors.
MR. ZANGENEH: There's 37 seconds—
CRAIG ISOM: They're positioned perpendicular, yes.
MR. ZANGENEH: Correct, so—
CRAIG ISOM: There's no way to know, yes. Yes.
MR. ZANGENEH: See Mr. Markel getting out of his vehicle. Now, that's not the same car.
CRAIG ISOM: It is not the same car.
MR. ZANGENEH: Then we have some footage here of Mr. Markel entering the gym. There he is.
CRAIG ISOM: Yes.
MR. ZANGENEH: Now, during this time.
CRAIG ISOM: Yes.
MR. ZANGENEH: Do you see if it moves?
CRAIG ISOM: Yes.
MR. ZANGENEH: Can you see?
CRAIG ISOM: No, in between camera angles with trees, yes.
MR. ZANGENEH: When it's parked up in the far northwest corner, where it emerged when Markel was leaving, we didn't have footage of where exactly.
CRAIG ISOM: No, if I may, the Prius came back past the front of the business and went to the south end and backed into a space and occupied that area for at least ten minutes, I believe so, yes.
MR. ZANGENEH: Premier gym — Markel at 9:12 and 45 seconds gets out of his vehicle and walks towards the entrance of Premier, correct?
CRAIG ISOM: Correct.
MR. ZANGENEH: And about 10 seconds ago we lost the visual of the silver color of the record at 9:13 and 18 seconds?
CRAIG ISOM: Yes.
MR. ZANGENEH: And for a different view of Mr. Markel, an overhead view of him entering, two seconds—
CRAIG ISOM: I believe so, that's approaching back, coming back down.
MR. ZANGENEH: And the designated time shows it's 9:16 and 27, sir?
CRAIG ISOM: Yes.
MR. ZANGENEH: So about—
CRAIG ISOM: Yes.
CRAIG ISOM: In that three minutes, no.
MR. ZANGENEH: Would you be able to tell the members of this jury whether or not a drug transaction took place?
CRAIG ISOM: No, I would not.
MR. ZANGENEH: You wouldn't be able to tell the members of this jury?
CRAIG ISOM: No, I'm good.
CRAIG ISOM: I cannot tell that.
CRAIG ISOM: That's correct. I believe—
MR. ZANGENEH: It's 125, while he's doing this — Judge, can I inquire some questions not associated with the footage, so we can kind of keep this moving? Detective, I apologize. You indicated you had a long, storied career as a law enforcement officer here in Tallahassee. Is that correct?
CRAIG ISOM: I don't remember those words, but I was here for quite some time as a law enforcement officer.
MR. ZANGENEH: Almost three decades, sir?
CRAIG ISOM: Yes.
MR. ZANGENEH: And during that time, you indicated that you did violent crime investigations?
CRAIG ISOM: At the end of my career, yes.
MR. ZANGENEH: Okay. About how long of a time period did you conduct those types of investigations?
CRAIG ISOM: Eight and a half years.
MR. ZANGENEH: Were you ever involved in any narcotic-related investigations?
CRAIG ISOM: Some, not in an in-depth realm.
MR. ZANGENEH: With regard to your investigations with regards to violent crimes, did you ever investigate violent crimes committed by gang members?
CRAIG ISOM: The gang member part is—
MR. ZANGENEH: Is there a different unit that does that?
CRAIG ISOM: We have, yeah, we have gang— we have, I don't know if it's still there, but we had gang investigating people. We had a gang unit.
MR. ZANGENEH: And would that, given the fact that you have a gang unit, Detective Isom, that suggests that there is a gang presence in this area?
CRAIG ISOM: To a certain extent, but it's rather small compared to other places, to my understanding.
MR. ZANGENEH: Well, since you said that, it seems like you have an understanding of the size of the gang presence here, correct?
CRAIG ISOM: I just know it was loose-knit, and there wasn't a whole lot of organization to it.
MR. ZANGENEH: Well, would that suggest that there are other neighboring areas that have more strong-knit gang organizations, like Jacksonville, or other neighboring areas, maybe Panama City?
CRAIG ISOM: I wouldn't know about that.
MR. ZANGENEH: Can I have one minute to confirm? Did you ever work in unison with the gang unit in your career?
CRAIG ISOM: I've asked them for intelligence on people that they had more knowledge of than I did.
MR. ZANGENEH: I — I have it as 5:05, but that's Killearn Commerce Drive.
MR. ZANGENEH: The bus is approaching Thomasville Road. Okay. And you agree that Thomasville Road is one of the more heavily populated, or heavily—
CRAIG ISOM: Yes, it's a major artery.
MR. ZANGENEH: Major artery, okay.
MR. ZANGENEH: And so 10:44 and 30 seconds, right there, it's your position that that is again Markel's vehicle, correct?
CRAIG ISOM: Yes.
MR. ZANGENEH: Are there any identifying factors that you could point out to that vehicle?
CRAIG ISOM: No.
MR. ZANGENEH: Can you read the license plate from this angle?
CRAIG ISOM: No.
MR. ZANGENEH: Did you see Mr. Markel over here?
CRAIG ISOM: No.
MR. ZANGENEH: It's simply a car that fits the description.
MR. ZANGENEH: Same color, potentially the same make.
MR. ZANGENEH: Now, the original time that you see that car that you believe was behind that floor — what time was that? Do you recall?
CRAIG ISOM: I think it was 10:44.
CRAIG ISOM: I don't remember the seconds.
MR. ZANGENEH: That's 10:44 and 31 seconds, right?
CRAIG ISOM: Yes.
MR. ZANGENEH: We'll let it run.
MR. ZANGENEH: That appears to be 10 seconds, right, sir?
CRAIG ISOM: Yes.
MR. ZANGENEH: And if you recall — if you recall, during the second bus surveillance that we had, bus 707, I believe it is, there was that one picture, which I believe the government showed a still of it. Do you recall that?
CRAIG ISOM: Next to the bus?
MR. ZANGENEH: Yes, sir.
CRAIG ISOM: Yes.
MR. ZANGENEH: And you remember, on direct examination, the prosecution paused it. You were able to — there was a video that had three circles on it. Do you recall that?
CRAIG ISOM: Yes.
MR. ZANGENEH: Okay. And in those three circles, there were three identifying factors that you used to suggest that this was a unique Prius that you could be able to identify, correct?
CRAIG ISOM: Yes.
MR. ZANGENEH: Okay. And one was a transponder, correct?
CRAIG ISOM: Yes.
MR. ZANGENEH: One was the passenger side mirror.
CRAIG ISOM: Yes.
MR. ZANGENEH: And the last was something on the front bumper, I believe on the driver's side, correct?
CRAIG ISOM: Correct.
MR. ZANGENEH: Okay. In this video, can you see any of those three?
CRAIG ISOM: No.
MR. ZANGENEH: Can I say that these vehicles are the exact same car?
CRAIG ISOM: No.
CRAIG ISOM: Yes.
CRAIG ISOM: Yes, sir.
MR. ZANGENEH: We're — following the people, the person in the Honda Accord, correct? —identify any of those with this footage?
CRAIG ISOM: Not from this angle.
MR. ZANGENEH: It would be impossible to see the transponder because it's the back of the other ride?
CRAIG ISOM: Yes.
MR. ZANGENEH: Okay.
CRAIG ISOM: Yes.
MR. ZANGENEH: And more importantly, it's impossible — even though it's a great angle, you can't see, be able to determine what the license plate was, correct?
CRAIG ISOM: Yes.
MR. ZANGENEH: And you weren't able to enhance this video to show whether or not this is the same vehicle, correct?
CRAIG ISOM: Unfortunately, we tried all types of remedies for that, but no, it was not able to be enhanced.
MR. ZANGENEH: It has pretty dark tints.
MR. ZANGENEH: What level or degree of tints did they have?
CRAIG ISOM: On this car?
MR. ZANGENEH: Yes.
CRAIG ISOM: No.
MR. ZANGENEH: Just see, it's coming up here.
MR. ZANGENEH: Do you see any other Priuses? There'll be one in the right-hand lane eventually.
CRAIG ISOM: I don't recall the color.
MR. ZANGENEH: Yeah, that's the one I recalled. I've seen it numerous times. Are you able to tell the members of this jury roughly how many Priuses are located, or how many registered owners of Priuses there are here in Southport?
CRAIG ISOM: I don't— I don't recall.
MR. ZANGENEH: Is it— there's thousands.
CRAIG ISOM: I had no idea there was that many.
MR. ZANGENEH: And then I'll ask the same question. Based on the footage here, do you see any of the three identifying factors in the Prius in the left-hand lane?
CRAIG ISOM: No.
MR. ZANGENEH: Now, this is a different bus, correct?
CRAIG ISOM: Correct. This is 707.
MR. ZANGENEH: And this is the bus and the angle that you're able to make your delineations on the three identifying factors. Is that correct?
CRAIG ISOM: Yes.
JUDGE HANKINSON: When you get to a stopping point, just say so.
MR. ZANGENEH: Sure, I can stop right now, if I'm done with my, uh, my, uh, announcements.
JUDGE HANKINSON: All right. All right, why don't we take a lunch break? What do we plan— be back, ready to go at 1:15?
JUDGE HANKINSON: Just leave your notes where they are. Have a good lunch.
COURT CLERK: Court is back in session.
JUDGE HANKINSON: Can we have the jury please?
JUDGE HANKINSON: Either side need anything?
MR. DECOSTE: Yes, Your Honor. We'll make a request outside the presence.
JUDGE HANKINSON: All right. You all can step out this way.
JUDGE HANKINSON: Yes, Mr. DeCoste? Everybody be seated, please.
MR. DECOSTE: Yes, Your Honor. Thank you. With respect to the depositions for the SAC, can we go to the next item? We're on board for four o'clock. I believe that the State Attorney's Office has secured a room, and both — the father and son — coming in. I've made a request to the State Attorney's Office. I'm hoping that the Court would entertain a possible order, because that would allow us to avoid any prejudice, or it would allow us to mitigate some prejudice by getting prepared as quickly as possible. It appears that both of the Collinses are going to breach attorney-client privilege. I assume that somebody's contacted Luis Rivera to make sure that he is on board with that. But the secondary thing, too, is that they bring their file. I don't know if the Court would sign an order for him to bring his file, if the State would do a subpoena duces tecum and have him bring that in. My hope is to get through it today and we can move quickly and do it next week.
JUDGE HANKINSON: I think Collins will cooperate with us. And would you ask them to bring their file, please, Ms. Cappleman?
MS. CAPPLEMAN: I did, Judge, and they agreed.
JUDGE HANKINSON: All right. And would — we do need to deal with the attorney-client privilege issue on Mr. Affair. Did you discuss that?
MS. CAPPLEMAN: Yes, sir. The Collinses are meeting with their client at the Leon County Jail prior to the deposition.
JUDGE HANKINSON: Okay. So I should take care of those issues?
MR. DECOSTE: Yeah. Thank you.
JUDGE HANKINSON: Seems like somebody fiddled with the volume on the break. The volume is — I don't know, somebody increased the volume. It's reaching kind of a reverberation. Nobody? I don't know. Seems like it increased during the break time. All right, 1:15.
BAILIFF: Jury is in the courtroom.
JUDGE HANKINSON: Evreyone be seated. You may proceed.
MR. ZANGENEH: Thank you, Judge.
MR. ZANGENEH: Detective, do you remember the government showing you what was listed as State's Exhibit 82, which is a copy of the Hybrid Auto Rental contract?
CRAIG ISOM: Yes.
MR. ZANGENEH: If I may.
MR. ZANGENEH: Okay. Okay. Now, you agree with me that the top left-hand portion where — oh, can you see that?
CRAIG ISOM: Yes.
MR. ZANGENEH: Is it on the monitors, everybody?
MR. ZANGENEH: You were able to obtain this document from the actual auto rental center, correct?
CRAIG ISOM: Yes.
MR. ZANGENEH: And in the top left-hand portion, the renter is Luis Rivera, is that correct?
CRAIG ISOM: Yes.
MR. ZANGENEH: And he provides his home address, his date of birth — I'm sorry, not his date of birth, but his home address and his phone number on there. Is that correct?
CRAIG ISOM: Yes.
MR. ZANGENEH: Now, there's a portion for an additional driver, which suggests that if he was to rent this car, the company wanted to know if another person would be driving it. That's the portion that he would fill out. Would you agree with me?
CRAIG ISOM: Yes, there is a place for additional driver, license number, et cetera.
MR. ZANGENEH: And it's blank.
CRAIG ISOM: It is blank.
MR. ZANGENEH: Now, we've heard references made back to something written in pen that says the word "brother" and then a phone number, that view of this asserting it belongs as a credit registry. Is that correct?
CRAIG ISOM: Yes.
MR. ZANGENEH: Do you know if — let me ask you this. Do you know what conversations were had between Luis Rivera and the person that was working at the Hybrid Auto Rental center prior to this being written on the document?
CRAIG ISOM: I do not.
MR. ZANGENEH: Did you attempt to inquire from the person that worked at the Hybrid Auto Rental center as to what the conversation was that took place to elicit this information?
CRAIG ISOM: I did not.
MR. ZANGENEH: Did you ask?
CRAIG ISOM: I did not.
MR. ZANGENEH: Here we have, on the same exhibit, a photograph of Luis Rivera's driver's license. Is that correct?
CRAIG ISOM: Yes.
MR. ZANGENEH: Do you see a picture of Sigfredo Garcia's driver's license on that piece of paper?
CRAIG ISOM: I do not.
MR. ZANGENEH: But it does say "friend's number" with Luis, correct? Can you push it up a little bit?
MR. ZANGENEH: And that's the number — that's the same number as on the front page, right?
CRAIG ISOM: Yes.
MR. ZANGENEH: Do you know if there were any questions with regards to insurance, as to whether or not Mr. Rivera had insurance, that elicited this response?
CRAIG ISOM: I do not.
MR. ZANGENEH: Do you know if the person from the rental car company asked if there was a second phone number that they could contact Mr. Rivera with, and he gave this number?
CRAIG ISOM: I do not.
MR. ZANGENEH: And this document indicated that they were supposed to return the vehicle on what day?
CRAIG ISOM: July 17th.
MR. ZANGENEH: Were you part of the team that arrested Sigfredo Garcia?
CRAIG ISOM: I was present. I had no involvement in his actual physical arrest.
MR. ZANGENEH: When they arrested Sigfredo Garcia, he had two phones on him.
CRAIG ISOM: I don't recall two phones.
MR. ZANGENEH: You don't recall two phones?
CRAIG ISOM: I do not.
MR. ZANGENEH: Do you know who encountered his phones?
CRAIG ISOM: Most likely Hallandale Beach, and —
MR. ZANGENEH: And it's your testimony today that you don't recall a second cell phone being part of that?
JUDGE HANKINSON: Can you put the microphone a little bit more in front of you.
MR. ZANGENEH: Yes, sir. I'm sorry.
MR. ZANGENEH: Luis Rivera was already in federal custody when the arrest warrant was issued.
CRAIG ISOM: Yes.
MR. ZANGENEH: And were you able to ascertain through your law enforcement connections how many cell phones Luis Rivera had when he was arrested?
CRAIG ISOM: I don't remember that coming up.
MR. ZANGENEH: Do you know what a burner phone is?
CRAIG ISOM: Yes.
MR. ZANGENEH: Can you describe to the members of the jury what a burner phone is?
CRAIG ISOM: A burner phone is a secondary phone that's typically carried by people for nefarious reasons.
CRAIG ISOM: And it's to keep their primary phone clean of any type of criminal activity.
MR. ZANGENEH: And in your experience — or in the vast amount of experience, almost three decades of experience, that you had as a law enforcement officer — would you agree with me that people that are professional criminals, like members of gangs, carry multiple phones?
CRAIG ISOM: Yes, most of the time.
MR. ZANGENEH: I know you indicated that you don't recall if there was a second phone, but you agree with me that the only phone that your office, along with this investigation, pulled information from was the number that we saw on that car rental document.
CRAIG ISOM: For Sigfredo Garcia?
MR. ZANGENEH: Sure, no problem. The only phone that you guys pulled records of and determined activity for, for Sigfredo Garcia, was the one phone number that was listed on the car rental agreement.
CRAIG ISOM: Yes.
MR. ZANGENEH: And if it comes out that there's a second phone — Let me ask it this way.
MR. ZANGENEH: Let me ask it this way. If someone is known to have multiple phones in this type of investigation, would you have wanted to track both phones in your investigation?
CRAIG ISOM: We had knowledge of more than one phone, yes.
MR. ZANGENEH: And just to confirm, the only phones that were tracked in this investigation was one phone for Sigfredo Garcia, correct?
CRAIG ISOM: Yes.
MR. ZANGENEH: And one phone for Luis Rivera, correct?
CRAIG ISOM: Yes.
MR. ZANGENEH: During your investigation, did you find — did you find or locate a phone call between the number associated with Sigfredo Garcia and the number associated with Harvey Adelson? It's a second name, I'm sorry.
CRAIG ISOM: No problem.
MR. ZANGENEH: Did you find during your investigation any phone calls? Well, let me start it this way — you have the phone records, correct, Detective?
CRAIG ISOM: We have them, yes.
MR. ZANGENEH: And you've done your due diligence and put yourself in a situation where you could educate these members of the jury with regards to the data on those cell phones?
CRAIG ISOM: To an extent, yes.
MR. ZANGENEH: The best you can?
CRAIG ISOM: Yes.
MR. ZANGENEH: And you'll agree with me that communication between Sigfredo Garcia and any member of the Adelson family would be relevant in this case?
CRAIG ISOM: Yes.
MR. ZANGENEH: So let me ask this.
MR. ZANGENEH: From the time you started your investigation, which I would assume backtracked six to eight months before the actual homicide?
CRAIG ISOM: I don't believe it was that far back. I believe it was as far as the phone —
MR. ZANGENEH: Yes, sir.
CRAIG ISOM: — data, the first of May.
MR. ZANGENEH: May. Okay, so we've got May, June, and then the homicide occurred in July, right? Mid-July.
CRAIG ISOM: Yes.
MR. ZANGENEH: Okay. Were you able to find any phone calls between Sigfredo Garcia and Wendi Adelson?
CRAIG ISOM: No.
MR. ZANGENEH: In addition to phone calls, did you look to see if there's any text messages or any kind of WhatsApps or any kind of electronic communication? Did you do that, sir?
CRAIG ISOM: We did that, talking collectively, investigation-wise.
MR. ZANGENEH: And as the lead detective, if there would have been an observation of that kind of communication, would you have been put on notice?
CRAIG ISOM: Yes.
MR. ZANGENEH: So in addition to phone calls, did you find any other communication whatsoever between Sigfredo Garcia and Wendi Adelson? Phone calls, text messages, anything, in any way, shape, or form?
CRAIG ISOM: No.
MR. ZANGENEH: What about Sigfredo Garcia and the same — I don't want to keep going over all the details — but Sigfredo Garcia and Donna Adelson, in any way, shape, or form?
CRAIG ISOM: No.
MR. ZANGENEH: Sigfredo Garcia and Charlie Adelson, in any way, shape, or form?
CRAIG ISOM: No.
MR. ZANGENEH: And we do know that there was a substantial amount of communication between Sigfredo Garcia and Katie Magbanua because they have a child in common, correct? And a relationship.
CRAIG ISOM: Yes.
MR. ZANGENEH: What about communication between Sigfredo Garcia and Harvey Adelson?
CRAIG ISOM: It was one communication event.
MR. ZANGENEH: Do you have the specifics with regards to that call?
CRAIG ISOM: It was on July 1st of 2014.
MR. ZANGENEH: It's going to be 17 days.
MR. ZANGENEH: If you want to — I'm sorry, if you want to get the exact, all the exact information, I'll let you recall that.
MR. ZANGENEH: I'll let you get that information to refresh your recollection.
CRAIG ISOM: It was on July 1st, 2014, sir.
MR. ZANGENEH: Yes. And can you tell the members of the jury what time that phone call was made?
CRAIG ISOM: July 1st, 2014, at 5:20 PM Eastern time.
MR. ZANGENEH: 5:20, sir?
CRAIG ISOM: 5:20 PM.
MR. ZANGENEH: And that went to Harvey Adelson's personal cell phone?
CRAIG ISOM: Yes.
MR. ZANGENEH: Are you aware, or do you know, if the Adelson Dental Institute — if you call their number after five o'clock — that it forwards directly to Harvey Adelson's cell phone?
CRAIG ISOM: I'm not aware of that.
MR. ZANGENEH: If that took place in this case, would that record show that?
CRAIG ISOM: To my knowledge of phone records, it just shows the connection to this number.
CRAIG ISOM: To his cell phone number.
MR. ZANGENEH: What I'm asking you is, do you know if Sigfredo Garcia called the Adelson Institute, the Dental Institute, after 5 PM when their offices are closed?
MR. ZANGENEH: If the call was forwarded to Harvey Adelson's cell phone, would you be able to determine if the original call went to the Dental Institute or to Harvey Adelson's cell phone?
CRAIG ISOM: I'm not knowledgeable enough about that.
MR. ZANGENEH: How long was the phone call?
CRAIG ISOM: It was short duration.
CRAIG ISOM: My understanding is that the phone call went through, and it most likely went to voicemail.
MR. ZANGENEH: Is there any way for you to determine if a voicemail was left?
CRAIG ISOM: Not to my knowledge.
MR. ZANGENEH: Are there any calls back from Harvey Adelson's cell phone to Sigfredo Garcia after July 1st, 2014?
CRAIG ISOM: No.
MR. ZANGENEH: During your investigation — I — I know that you indicated that you attempted to talk to certain members of the Adelson family, correct?
CRAIG ISOM: Yes.
MR. ZANGENEH: Was Harvey Adelson one of the people that you attempted to talk to?
CRAIG ISOM: Yes.
MR. ZANGENEH: What would the contents or the purpose of one of your questions have been — did Sigfredo Garcia leave you a message on your voicemail?
CRAIG ISOM: My attempt — attempt to interview Mr. and Mrs. Adelson was prior to this, prior to not having this knowledge.
MR. ZANGENEH: And when you gained this knowledge, they had already, in essence, indicated that they didn't wish to speak to me?
CRAIG ISOM: They didn't indicate anything. They just never contacted me, and the next thing I know, they're on their way back to South Florida the next day.
MR. ZANGENEH: Well, that's kind of what I inferred — that their act, I guess their actions, spoke louder than words, right?
CRAIG ISOM: Apparently.
MR. ZANGENEH: The government showed — I showed you a Facebook business record for a two-toe day, correct?
MR. ZANGENEH: Government's Exhibit 77.
CRAIG ISOM: Okay, yes.
MR. ZANGENEH: Bless you.
MR. ZANGENEH: Does Facebook have the ability to track their mobile users? To your knowledge.
CRAIG ISOM: I have no idea.
MR. ZANGENEH: Did you inquire if Facebook has the ability to track their users?
CRAIG ISOM: I did not.
MR. ZANGENEH: At any point did you read the contract that you have to make with Facebook when you agree to be a participant as a member of Facebook?
CRAIG ISOM: No.
MR. ZANGENEH: Give me one second, Judge.
MR. ZANGENEH: I have no further questions of this witness.
MR. ZANGENEH: I reserve the right to recall them.
JUDGE HANKINSON: Magbanua.
MR. DECOSTE: Thank you, Your Honor.
MR. DECOSTE: I want to bring your attention back to July 18, 2014.
MR. DECOSTE: The shooting happens.
MR. DECOSTE: You're brought onto the case, correct?
CRAIG ISOM: Yes. Yes.
MR. DECOSTE: You testified that the call went in around 11 o'clock to 911?
CRAIG ISOM: Yes.
MR. DECOSTE: Now, as the lead investigator on this case — correct me if I'm wrong — it would be your goal to keep it quiet.
MR. DECOSTE: Meaning that it's not gonna go out to the media, for two different reasons.
MR. DECOSTE: Am I correct so far, that you'd wanna keep it quiet? Would the actual homicide — keep the homicide quiet?
CRAIG ISOM: Correct.
CRAIG ISOM: That's impossible these days. I wouldn't even attempt to think that would happen.
MR. DECOSTE: There's a shooting on Trescott Drive. You want to make sure that loved ones don't find out through the media, right?
CRAIG ISOM: We'd want to get to them as soon as possible, yes.
MR. DECOSTE: It's also important for you, for your investigation, that it remains quiet.
CRAIG ISOM: Yes.
MR. DECOSTE: You testified how later that day you went to Mosaic, you found Wendi Adelson.
MR. DECOSTE: You then brought her to the station and interviewed her, right?
CRAIG ISOM: Yes.
MR. DECOSTE: And you were the one that informed her that Dan Markel had been shot?
CRAIG ISOM: Yes.
MR. DECOSTE: And that he may not make it?
CRAIG ISOM: Yes.
MR. DECOSTE: Prior to that, that information wasn't shared with any family members or any media outlets, correct? And in fact, during that interview, she was communicating with other people — people were calling her — but nobody appeared to know anything about what had happened at the house.
CRAIG ISOM: Yes.
MR. DECOSTE: I'm correct on that, right?
CRAIG ISOM: Yes.
MR. DECOSTE: And it wasn't until late afternoon, early evening, that word finally got out about what happened on Trescott Drive. Am I correct in that?
CRAIG ISOM: I don't know when it got — I was too busy to even know. But eventually it did, yes.
MR. DECOSTE: But it definitely wasn't around 12 o'clock, 1 o'clock, 2 o'clock that the information was widely known about the shooting on Trescott Drive.
CRAIG ISOM: To my knowledge, no. Not that early.
MR. DECOSTE: And again, you were the lead investigator.
MR. DECOSTE: Turn your attention now to the big book that we have.
MR. DECOSTE: 575. —if I remember correctly. Is there any one of those pages that talk about Katherine Magbanua being involved in a conspiracy to kill Dan Markel in this book, correct?
CRAIG ISOM: Can you repeat the question, please?
MR. DECOSTE: Is there anything in there about Katherine Magbanua being involved in the death of Dan Markel?
CRAIG ISOM: No.
MR. DECOSTE: Correct me if I'm wrong — the paperwork in that book spans from roughly September of 2012 all the way up until July of 2014, right?
CRAIG ISOM: Yes.
MR. DECOSTE: Just want to make sure that a big piece of evidence doesn't talk about my client at all. Just want to make sure that that's clear. That's clear, right?
CRAIG ISOM: Yes, because my understanding is it's all prior — prior to the homicide.
MR. DECOSTE: Didn't you testify in direct examination how there were pleadings that were filed right before the homicide, but how that hearing never happened because of the homicide?
CRAIG ISOM: Correct.
MR. DECOSTE: And that's in that book, right?
CRAIG ISOM: Yes.
MR. DECOSTE: So that would be right before the homicide?
CRAIG ISOM: Up until July of 2000—
MR. DECOSTE: Correct.
CRAIG ISOM: Yes.
MR. DECOSTE: This is a diagram that was put together by the Tallahassee Police Department during the investigation, right?
CRAIG ISOM: Yes.
MR. DECOSTE: And you know that because we would need an investigator on the investigation.
CRAIG ISOM: Correct.
MR. DECOSTE: And it's fairly inaccurate, or it's the same or substantial — the same condition it was when you last saw it.
CRAIG ISOM: It appears.
JUDGE HANKINSON: Objection?
MS. CAPPLEMAN: No, sir.
MR. DECOSTE: Investigator, if you could explain to the jury what this is.
CRAIG ISOM: These are individual photos of parties associated in this case.
CRAIG ISOM: Can I stand?
JUDGE HANKINSON: You may.
CRAIG ISOM: The upper — oh.
MR. DECOSTE: I can be your pointer.
CRAIG ISOM: Upper left-hand corner is a photograph of Wendi Adelson.
CRAIG ISOM: To the right of her, the next picture over, is her mother, Donna Adelson.
CRAIG ISOM: Moreover, the next one over is a photograph of Wendi's brother, Charlie Adelson.
CRAIG ISOM: All the way over to the far right is a photograph of Harvey Adelson, her father.
CRAIG ISOM: Where the larger photo down on the left is Daniel Markel, the victim in this case. The next photo to the upper right of him is Sigfredo Garcia, defendant in this case.
CRAIG ISOM: Next photo over to the right is co-defendant Katherine Magbanua.
CRAIG ISOM: And then the bottom photograph is Luis Rivera.
MR. DECOSTE: Try to see if I can take it again and do it in photographs, to take a look at this.
CRAIG ISOM: You know what, looks alright.
CRAIG ISOM: It looks like the same images that were on the board.
MR. DECOSTE: The purpose of the question here is I'm trying to find your working theory of the case during your investigation, okay?
CRAIG ISOM: Yes.
MR. DECOSTE: Daniel Markel.
MR. DECOSTE: Daniel Markel was married to who?
CRAIG ISOM: Wendi Adelson.
MR. DECOSTE: Yeah — do you believe that Wendi Adelson was involved?
CRAIG ISOM: Do I believe that she—
MS. CAPPLEMAN: I'm gonna object judge us in his opinion.
JUDGE HANKINSON: Let's go to sidebar, please.
MR. DECOSTE: Dan Markel was married to Wendi Adelson? Is that correct?
CRAIG ISOM: Yes.
MR. DECOSTE: Now Wendi's father is who?
CRAIG ISOM: Harvey Adelson.
MR. DECOSTE: Is this Harvey Adelson?
CRAIG ISOM: Yes.
MR. DECOSTE: Who's Harvey married to?
CRAIG ISOM: Donna Adelson.
MR. DECOSTE: Can you see this from there?
CRAIG ISOM: That is her.
MR. DECOSTE: Do they have any other children?
CRAIG ISOM: Yes.
MR. DECOSTE: Is one of them Charlie Adelson?
CRAIG ISOM: Yes.
MR. DECOSTE: Is this Charlie Adelson?
CRAIG ISOM: Yes.
MR. DECOSTE: Your belief is that the way that Charlie Adelson gets all the way around to Dan Markel is through Katherine Magbanua, right?
CRAIG ISOM: Yes.
MR. DECOSTE: And the connection that's made in between Sigfredo Garcia and Charlie Adelson is through Katherine Magbanua, right?
CRAIG ISOM: Yes.
MR. DECOSTE: Sigfredo Garcia has his longtime friend Luis Rivera.
CRAIG ISOM: Yes.
MR. ZANGENEH: Judge, I'm going to object to the characterization of longtime friend with no evidence at this point to substantiate that relationship.
JUDGE HANKINSON: I'll sustain that objection. Jury, disregard the last comment.
MR. DECOSTE: Where are these four people right now?
MS. CAPPLEMAN: Objection. Relevance.
JUDGE HANKINSON: I'll sustain the objection as to where they are.
MR. DECOSTE: Charlie Adelson ever been arrested?
MS. CAPPLEMAN: Objection.
JUDGE HANKINSON: Overruled.
MR. DECOSTE: I'll ask it again. Has Charlie Adelson ever been arrested in association with this case?
CRAIG ISOM: No.
MR. DECOSTE: What about Donna Adelson?
CRAIG ISOM: No.
MR. DECOSTE: Harvey Adelson?
CRAIG ISOM: No.
MR. DECOSTE: Wendi Adelson?
CRAIG ISOM: No.
MR. DECOSTE: They remain free?
CRAIG ISOM: [unintelligible]
JUDGE HANKINSON: Go ahead. Move on.
MR. DECOSTE: As an investigator, or when you were an investigator, would you agree with me that it was your job to objectively investigate a case?
CRAIG ISOM: Absolutely.
MR. DECOSTE: And present all of that objective evidence over to the State Attorney's Office to make their decisions?
CRAIG ISOM: Yes.
MR. DECOSTE: And you did that in this case?
CRAIG ISOM: Yes.
MR. DECOSTE: Change gears, talk about police reports. It is normal for an investigator to put together reports while they're investigating a case, right?
CRAIG ISOM: Yes.
MR. DECOSTE: In fact, you have a stack of them in front of you.
CRAIG ISOM: Yes.
MR. DECOSTE: Now, you did that during this case. You drafted reports, right?
CRAIG ISOM: Yes.
MR. DECOSTE: Comprehensive reports?
CRAIG ISOM: Yes.
MR. DECOSTE: In fact, around September of 2014, you did about a 31-page report?
MR. DECOSTE: September 30th?
CRAIG ISOM: I have, of which year?
MR. DECOSTE: Excuse me?
MR. DECOSTE: 2014.
MR. DECOSTE: Let me withdraw the previous question and ask you this one. Did you draft a report in September of 2014?
MR. DECOSTE: Move forward to 2016.
MR. DECOSTE: Did you draft a report July of 2016?
CRAIG ISOM: Yes.
MR. DECOSTE: 31-page report?
CRAIG ISOM: Yes.
MR. DECOSTE: Laying out your theory of the case?
CRAIG ISOM: I believe that is in that supplemental report that I completed. Please.
MR. DECOSTE: Do you not remember?
CRAIG ISOM: I remember the theory. I just don't know which document it was in.
MR. DECOSTE: So my question is, do you not remember whether it's in that report?
MR. DECOSTE: Because my next question would be, if you have it in front of you, take a look.
MR. DECOSTE: Let us know if taking a look at it would refresh your recollection. I'll ask you the question again.
CRAIG ISOM: I don't see it in that particular report, but if you're inquiring about the theory of the murder, I do have a document in front of me that shows that.
MR. DECOSTE: I'm talking about the report that you have from July 12, 2016.
MR. DECOSTE: Is Katherine Magbanua mentioned in that 31-page report multiple times?
CRAIG ISOM: Yes, she is mentioned.
MR. DECOSTE: As being the conduit between the Adelson family and Sigfredo and Luis Rivera, right?
CRAIG ISOM: I don't see that particular statement in this report, but it has been mentioned before.
MR. DECOSTE: So in other reports, in PC affidavits — which, correct me if I'm wrong, are probable cause affidavits, correct? — it's explained in there that the Tallahassee Police Department's view was that Katherine Magbanua was a — and this is my word — conduit.
CRAIG ISOM: Sure.
MR. DECOSTE: As an investigator, you know that these reports are then sent over to the State Attorney's Office and, should anybody be arrested, given over to the defense as discovery, right?
CRAIG ISOM: Yes.
MR. DECOSTE: These reports and this information that you have were drafted, again, summer, early fall of 2016, when you began drafting them. Okay? Do you agree?
CRAIG ISOM: Yes. Yes, that's when they were drafted.
MR. DECOSTE: Let's turn now to Luis Rivera. Luis Rivera was arrested middle of 2016, correct?
CRAIG ISOM: Yes.
MR. DECOSTE: He was looking at the death penalty. You had no idea whether he was looking at the death penalty or not?
CRAIG ISOM: No idea.
MR. DECOSTE: He was arrested for first-degree murder.
CRAIG ISOM: Yes.
MR. DECOSTE: You've dealt with murder cases before.
CRAIG ISOM: Yes.
MR. DECOSTE: You know that first-degree murder carries with it the potential of the death penalty.
CRAIG ISOM: Potential, yes.
MR. DECOSTE: Would it surprise you to learn — withdraw, withdraw. Mr. Rivera eventually cooperates, right?
CRAIG ISOM: Yes.
MR. DECOSTE: On September 30th of 2016, yourself, somebody from the Federal Bureau of Investigation, and others sit down with Luis Rivera and get his testimony, right?
CRAIG ISOM: Yes.
MR. DECOSTE: The following day — I'm forgetting if there's 31 days in September — but on October 1st, which I think is the following day, Ms. Magbanua is arrested.
CRAIG ISOM: Yes.
MR. DECOSTE: You have no way of knowing whether Luis Rivera was just regurgitating what you had written in your reports as to what you thought the theory of the case was, right?
CRAIG ISOM: I had no way of knowing what he had access —
MR. DECOSTE: You had written a report, right?
CRAIG ISOM: Yes.
MR. DECOSTE: You know that those reports are handed over in discovery, right?
CRAIG ISOM: Yes.
MR. DECOSTE: No way for you to know whether he's telling the truth or not.
CRAIG ISOM: No.
MR. DECOSTE: Speaking of his words, on October 4th, a few days later. So again, you meet with him on — on September 30th, the following day, Ms. Magbanua was arrested.
MR. DECOSTE: And then on October 4th, you sit down with him again. It's yourself, Special Agent Patrick Sanford of the Federal Bureau of Investigation, and others sit down with him and his attorney at the Jefferson County Jail, is that right?
MR. DECOSTE: And you guys do a couple-hour-long recorded statement with him, right?
CRAIG ISOM: Yes.
MR. DECOSTE: But you had met with him on September 30th.
CRAIG ISOM: Yes.
MR. DECOSTE: That was the first time that you went through this big interview with him, right?
CRAIG ISOM: Yes.
MR. DECOSTE: But you didn't record it.
CRAIG ISOM: No.
MR. DECOSTE: But you could have.
CRAIG ISOM: Yes.
MR. DECOSTE: In fact, you had a camera on you that day.
CRAIG ISOM: I believe so, yes.
MR. DECOSTE: Correct me if I'm wrong. Right after that, you got into a van with Luis Rivera, and he drove you around Tallahassee, and you recorded him taking you around Tallahassee.
CRAIG ISOM: Yes.
MR. DECOSTE: You could have recorded him on September 30th when you had the first interview with him. You could have recorded it, correct? In fact, you don't even need his permission to do it, correct? Because you're law enforcement, you have the right to surreptitiously record somebody.
CRAIG ISOM: Yes.
MR. DECOSTE: We have no way here in this courtroom today to view Luis's words — Luis Rivera's words — on September 30th and point out the inconsistencies with his other statements, do we?
CRAIG ISOM: That's my knowledge, because we don't have a recording.
MR. DECOSTE: You didn't take it down like a court reporter here, did you? Word for word?
CRAIG ISOM: No. No.
MR. DECOSTE: You gave your opinion of what you thought he was saying at that point in time when you were talking to him. You already had a theory that you believed applied to this case, right?
CRAIG ISOM: I had a theory. It could have been broken up, but it wasn't after I talked to him.
MR. DECOSTE: I'm sorry, what's that?
CRAIG ISOM: Nothing changed after I talked to him. Nothing changed as far as the theory.
MR. DECOSTE: You've seen his other statements, right? You — you were there on October 4th, right? When he gave grossly different facts —
MS. CAPPLEMAN: Objection. Is this impeachment of a witness that has not testified?
JUDGE HANKINSON: Let's go to sidebar, please.
MR. DECOSTE: October 1st.
MR. DECOSTE: Yourself and Special Agent Patrick Sanford go to South Florida, right?
CRAIG ISOM: Yes.
MR. DECOSTE: You're there to arrest Ms. Magbanua.
CRAIG ISOM: Yes.
MR. DECOSTE: But you're not alone, right?
CRAIG ISOM: No.
MR. DECOSTE: Yourself and about 10 to 15 other law enforcement went to go arrest her, right?
CRAIG ISOM: I don't recall the number. They were already there when we got there. Sanford and I were riding together in the same car.
MR. DECOSTE: Would it refresh your recollection to take a look at your deposition to know how many people were present for her arrest?
CRAIG ISOM: I don't know how many people were present.
MR. DECOSTE: Would it refresh your recollection to take a look at your depo?
MR. DECOSTE: Lines 4 through 10.
MR. DECOSTE: Does that help your memory?
CRAIG ISOM: Yes.
MR. DECOSTE: 10 to 15?
CRAIG ISOM: Yes.
MR. DECOSTE: Now, those 10 to 15 law enforcement, they were in multiple cars, right?
CRAIG ISOM: Yes.
MR. DECOSTE: Guns drawn.
MR. DECOSTE: Right?
CRAIG ISOM: I don't remember guns drawn.
MR. DECOSTE: Refresh your recollection? Take a look at your depo again.
MR. DECOSTE: 73, 17 through 19.
CRAIG ISOM: Page 73, lines 17 through 19?
MR. DECOSTE: Take a look at 17 through 19. Let me know if that helps your memory.
CRAIG ISOM: Okay.
MR. DECOSTE: That helped your memory?
CRAIG ISOM: Yes.
MR. DECOSTE: Guns are drawn, right?
CRAIG ISOM: There was some guns drawn.
MR. DECOSTE: Ten to fifteen law enforcement descending on this woman, right? She was a target of the arrest?
CRAIG ISOM: Yes.
MR. DECOSTE: So scared she urinated herself?
CRAIG ISOM: Yes.
MR. DECOSTE: The reason why you and Special Agent Patrick Sanford were in South Florida was you were hoping she'd cooperate, right?
CRAIG ISOM: Yes.
MR. DECOSTE: You were hoping she'd cooperate. Part of your theory eventually comes to life when Luis Rivera flips, right?
CRAIG ISOM: Yes.
MR. DECOSTE: Violent gang leader, right?
CRAIG ISOM: Yes.
MR. DECOSTE: You hesitated there.
CRAIG ISOM: I don't recall what level, or— I know he was—
MR. DECOSTE: Well, Investigator— you believe he's involved in a murder, right?
CRAIG ISOM: Yes.
MR. DECOSTE: That'd be violent, right?
CRAIG ISOM: Yes.
MR. DECOSTE: You also believe that he's in a gang, right?
CRAIG ISOM: From the accounts that I read, yes.
MR. DECOSTE: Violent gang leader.
MR. DECOSTE: Before Luis Rivera gave his testimony, you agree with me that there was not enough — that the consensus between your department and this office was that there was not enough to arrest Ms. Magbanua.
MS. CAPPLEMAN: Objection. Calls for an opinion. Improper question.
JUDGE HANKINSON: Sustained.
MR. DECOSTE: Before Luis Rivera cooperated, was Ms. Magbanua arrested?
CRAIG ISOM: No.
MR. DECOSTE: How many hours after he cooperated was she arrested?
CRAIG ISOM: Twenty-four, give or take.
MR. DECOSTE: Now, you believe that there was other evidence against Ms. Magbanua, right?
CRAIG ISOM: Yes.
MR. DECOSTE: That you say that you objectively investigated.
CRAIG ISOM: Yes.
MR. DECOSTE: But isn't it true that you left this circumstantial evidence arguably inculpatory by not investigating it?
CRAIG ISOM: I'm not sure which.
MR. DECOSTE: During the course of your investigation, you go to a medical office in South Florida in the hopes of getting medical records for Ms. Magbanua, right?
CRAIG ISOM: For Ms. Magbanua.
MR. DECOSTE: Eventually.
CRAIG ISOM: I think that was a question. For Ms. Magbanua — I want to clarify your question to me. I'm saying, I'm getting — you're asking me about medical records pertaining to her?
MR. DECOSTE: Let me re-ask the question.
MR. DECOSTE: You were trying to get medical records for breast augmentation that she had, right?
CRAIG ISOM: Yes.
MR. DECOSTE: You eventually get those records.
CRAIG ISOM: Yes.
MR. DECOSTE: You find out that it was paid for in part between a debit card for a small portion and cash, right? Do you need me to re-ask the question?
CRAIG ISOM: No.
MR. DECOSTE: evidence that it ties to anybody else in your theory, right?
CRAIG ISOM: No. The fact that she paid cash for breast augmentation, but—
MR. DECOSTE: But to you it fits your theory, right?
CRAIG ISOM: One piece.
MR. DECOSTE: Let's go to the next piece that you think is there. During the course of your investigation, you find out that she's driving around in a Lexus, right?
CRAIG ISOM: Yes.
MR. DECOSTE: And in your reports and in the probable cause affidavit, you just have that it's the Adelsons' Lexus, right? Now it fits your theory. If she's driving around in the Adelsons' Lexus, it fits your theory that she's somehow involved in this, right?
CRAIG ISOM: Yes.
MR. DECOSTE: It doesn't fit your theory though if what it actually was, that she bought an old beat-up Lexus from a friend for $1,700, right?
CRAIG ISOM: If—
MR. DECOSTE: that, we'll come back to. That one — what year was the car?
CRAIG ISOM: 2001.
MR. DECOSTE: So in 2014 it was a 13-year-old car, right? Now, you told me you objectively investigated this case.
MR. DECOSTE: How many miles are on the car?
MR. DECOSTE: You would agree with me that the amount of miles on a vehicle would dictate the price.
CRAIG ISOM: It would have a factor in dictating the price, yes.
MR. DECOSTE: Because the engine inside of a car is sort of like a heart inside of a person, right?
MR. DECOSTE: Old engine may not have much time left, right?
CRAIG ISOM: Yes.
MR. DECOSTE: Now, you never did anything investigation-wise of going out, finding the Lexus, determining what kind of condition it was in, right?
CRAIG ISOM: I took the make, model, year of the car, generic.
MR. DECOSTE: I'm not asking you.
CRAIG ISOM: And to determine what the car's value was.
MR. DECOSTE: And that's where I'm going to cut you.
MR. DECOSTE: I'm not asking you for the value of the vehicle found through online sources.
MR. DECOSTE: All right? What I'm asking you is, did you ever find out the condition of the vehicle?
MR. DECOSTE: Had it ever been in any accidents? Did you ever subpoena any records to find out if it had ever been in an accident?
CRAIG ISOM: No.
MR. DECOSTE: You would agree with me that a car with multiple accidents could affect the value?
CRAIG ISOM: No.
MR. DECOSTE: pictures were ever taken of the car for us to be able to show this jury what kind of car it is, right? You're just here to say it was a Lexus, right?
CRAIG ISOM: I'm here to say that there was a 2001 Lexus LS 430, four-door sedan, black in color, that on surveillance video appeared to be in good—
MR. DECOSTE: 13 years old, 160,000 miles, right? During the course of your investigation, you do try to get a title to the vehicle though, right? You wanted to see if it tied to the Adelsons, right? And you get that title, right?
CRAIG ISOM: Yes.
JUDGE HANKINSON: We're about due for a break anyway. Let's take 10 minutes.
BAILIFF: All rise. Court is in session.
BAILIFF: Jury's in the courtroom.
MR. DECOSTE: You know what that is, right?
CRAIG ISOM: Yes.
MR. DECOSTE: That's the title that you looked at during the course of your investigation?
CRAIG ISOM: Yes.
MR. DECOSTE: And you know that that's the title that you looked at during the course of the investigation because it's the same name on the vehicle, and because of the previous owner and the new one at that time, right?
CRAIG ISOM: Yes.
MR. DECOSTE: And that's in substantially the same condition it was in the last time you saw it?
CRAIG ISOM: Yes.
MR. DECOSTE: Defense moves it into evidence which has been pre-marked as defense exhibit 1.
OFF RECORD: Any objection?
MS. CAPPLEMAN: Yes, sir, I have a general objection to defense entering [unintelligible]
MR. DECOSTE: Investigator, can you see this?
CRAIG ISOM: Yeah. I think so, yeah.
MR. DECOSTE: Correct me if I'm wrong. Right here it says it's $1,700 you paid for the vehicle?
CRAIG ISOM: Yes. Yes.
MR. DECOSTE: So the only evidence that we have on this Lexus is that it was a legitimate purchase, right?
CRAIG ISOM: Yes.
MR. DECOSTE: The breast surgery, the car, some cash involved there, right?
MR. DECOSTE: There was a very clear question there. I'll re-ask it, I'll re-ask it with a microphone.
MR. DECOSTE: Again, the breast augmentation paid for in cash, the vehicle — you don't know if it was paid for in cash or not, right?
CRAIG ISOM: No.
MR. DECOSTE: One of the pieces of evidence that you believe that you had against Ms. Magbanua was the presence of cash around the time of 2014 and 2015, right?
CRAIG ISOM: Cash deposits, yes.
MR. DECOSTE: Correct, and the cash for the breast surgery, right?
CRAIG ISOM: Yes.
MR. DECOSTE: Lead investigator on the case, you can't say to this jury that you know where that cash came from, right?
CRAIG ISOM: No.
MR. DECOSTE: Can't say that because you didn't investigate it, right?
CRAIG ISOM: Investigate what?
MR. DECOSTE: You didn't investigate the possible source of the cash, right?
CRAIG ISOM: No, cash is very hard to trace.
MR. DECOSTE: Unexplained cash would be good for your theory, right?
CRAIG ISOM: It fits.
CRAIG ISOM: I didn't have this theory and then tried to make it fit like a square peg in a round hole.
CRAIG ISOM: That's not the case.
MR. DECOSTE: Let's talk about that.
MR. DECOSTE: Your investigation on this: you learned during the course of your investigation that Ms. Magbanua, during 2014 and going into 2015, was working at nightclubs, right?
CRAIG ISOM: I don't remember the timeline, but I know she did work some — from other witnesses — that she had worked in nightclubs.
MR. DECOSTE: In 2014?
CRAIG ISOM: 2014.
MR. DECOSTE: You said into 2015.
CRAIG ISOM: I don't recall that part. I knew in 2014 — part of 2014.
CRAIG ISOM: She did reportedly work in some type of nightclub.
MR. DECOSTE: And you would agree with me that somebody working in a nightclub doing VIP bottle service may get paid in cash tips, right?
MR. DECOSTE: Of course, you investigated this, right?
CRAIG ISOM: No, I had no way of knowing where. I couldn't find any employment records for where she was. I checked wage and hour. There was nothing that showed that she was employed at a particular establishment.
MR. DECOSTE: You learned that she was working at Hollywood Live, right?
CRAIG ISOM: I was told she was working at Hollywood Live.
MR. DECOSTE: There's no documentation to prove she was employed at Hollywood Live. You never subpoenaed any documentation.
CRAIG ISOM: No.
MR. DECOSTE: You never went to Hollywood Live.
CRAIG ISOM: I did not.
MR. DECOSTE: Never spoke to owners, managers?
CRAIG ISOM: No.
MR. DECOSTE: Other co-workers?
CRAIG ISOM: No.
MR. DECOSTE: You also learned that she moved from this small nightclub to a larger nightclub called Fate, and that she was also working there, right?
CRAIG ISOM: Once again, reported that that's where she was.
MR. DECOSTE: Nothing to substantiate that?
CRAIG ISOM: No.
MR. DECOSTE: ...employment information available through the state, wage and hour. Isn't this willful ignorance — to not go and investigate it, and just assume, well, there's nothing in front of us, so we'll assume that she didn't work there?
CRAIG ISOM: I checked for wage and hour through the state. There was nothing that indicated that she worked at either one of those establishments.
MR. DECOSTE: You know that she's working a job getting cash tips, right?
CRAIG ISOM: Once again, reportedly she works at these type of establishments, and yes, I know that there's a lot of cash that gets floated around. But as far as a minimum wage or anything along those lines, nothing.
MR. DECOSTE: Never went to either nightclub.
CRAIG ISOM: I did not.
MR. DECOSTE: Never spoke to any owners.
CRAIG ISOM: I did not.
MR. DECOSTE: Never spoke to any managers.
CRAIG ISOM: I did not.
MR. DECOSTE: And in your words, not doing that was an oversight.
CRAIG ISOM: I never said it was an oversight.
MR. DECOSTE: Would it — do you not remember if you ever said it was an oversight?
MR. DECOSTE: Page 111 to help you to take a look at your deposition.
MR. DECOSTE: Not going to those clubs is an oversight, right?
CRAIG ISOM: My answer to your question in deposition was, it was just an oversight, if you want to call it that.
MR. DECOSTE: Okay.
MR. DECOSTE: Next piece — paychecks from the Adelson Institute.
MR. DECOSTE: You remember that, right?
CRAIG ISOM: Yes.
MR. DECOSTE: Now, your belief is that these checks were just given to her for having been involved in a murder, but that she wasn't actually working there, right?
CRAIG ISOM: Actually, I didn't know where they were stemming from, because they had the same amount all the time. I just was curious to find out what she actually did for that compensation.
MR. DECOSTE: Let's talk about what you did to find that out. You learned during the course of your investigation that her job was to communicate with patients of the Adelson Institute, right?
CRAIG ISOM: No.
MR. DECOSTE: Do you not remember?
CRAIG ISOM: I don't remember.
MR. DECOSTE: Would it help you to take a look at your deposition?
CRAIG ISOM: Sure.
MR. DECOSTE: Page 117, lines 4 through 7.
MR. DECOSTE: "...communicate with patients."
CRAIG ISOM: That's what it sounded like, from conversations that I overheard.
MR. DECOSTE: I'm asking you — you learned during the course of your investigation that her job at the Adelson Institute was to communicate with patients, right?
CRAIG ISOM: I'm saying that I heard secondhand, through a conversation that hasn't been entered, I'm sure, yet into this court. But it sounded like she had some type of communication with patients.
MR. DECOSTE: Patient records from the Adelson Institute, so that you could communicate with patients and find out?
CRAIG ISOM: No.
MR. DECOSTE: What about going down to the Adelson Institute and waiting for patients to come out, and talking to them and asking them, have you ever spoken to Katherine Magbanua?
CRAIG ISOM: I did not ask any patients. Only employees that were at the Institute, at the office, when we delivered the subpoena.
MR. DECOSTE: Now, you also — before your retirement — the Tallahassee Police Department receives all of Charlie Adelson's iCloud data, right?
CRAIG ISOM: My understanding is yes.
MR. DECOSTE: You reviewed that?
CRAIG ISOM: Don't recall reviewing it.
MR. DECOSTE: But you had also heard that there were communications with patients in his phone, right?
CRAIG ISOM: No, I did not know that. No.
MR. DECOSTE: — evidence that it was improper payments for work not done, right? You understand my question?
CRAIG ISOM: No.
MR. DECOSTE: All right. You don't have any evidence that Katherine Magbanua was not actually working at the Adelson Institute, earning every penny she was paid communicating with patients, right?
CRAIG ISOM: Correct.
MR. DECOSTE: Let's go back to Luis Rivera. September — 30th, October 4th, he gives you his story, right?
CRAIG ISOM: Yes.
MR. DECOSTE: Now, part of that, you and your colleagues ask him where the murder weapon is, right?
CRAIG ISOM: Yes.
MR. DECOSTE: That's important in a murder case — the murder weapon right?
CRAIG ISOM: It's nice to have.
MR. DECOSTE: Don't have it in this case. A few attempts were made to find it. One more time, on the question — a few attempts were made to find it, right?
CRAIG ISOM: Yes.
MR. DECOSTE: Three, four times?
CRAIG ISOM: Yes.
MR. DECOSTE: Now, Luis Rivera was actually there when the gun was disposed of, right?
CRAIG ISOM: According to his testimony, but —
MR. DECOSTE: He was never able to give you the location.
CRAIG ISOM: He provided possible locations. Possibly.
MR. DECOSTE: He didn't want you to find it.
CRAIG ISOM: Very possible.
MR. DECOSTE: It's disposed of, right?
CRAIG ISOM: Yes.
MR. DECOSTE: He did a hand — hand drawing.
MS. CAPPLEMAN: Objection. Argumentative.
JUDGE HANKINSON: Was that a real question?
MR. DECOSTE: I'll withdraw it, Your Honor. Investigator, this is a guy who, in exchange for seven years for a murder that he's involved in, in helping you try to find the murder weapon — this is what he draws for you.
MR. DECOSTE: Right?
CRAIG ISOM: During the October 4th interview, he voluntarily supplied this, stating that he drew it the night before.
CRAIG ISOM: He was not asked for this. He voluntarily provided it.
MR. DECOSTE: And again, we're talking about Luis Rivera?
CRAIG ISOM: That's correct.
MR. DECOSTE: A grown man?
CRAIG ISOM: Yes.
MR. DECOSTE: Change gears a little bit.
MR. DECOSTE: Juan Marcos Vega.
MR. DECOSTE: Did you ever do any investigation into Juan Marcos Vega?
MR. DECOSTE: Let me withdraw that question. You never investigated Juan Marcos Vega, right?
CRAIG ISOM: Correct.
MR. DECOSTE: You were never even given that name?
CRAIG ISOM: Readily recall the name.
MR. DECOSTE: Last topic.
MR. DECOSTE: Talk about evidence of innocence.
MR. DECOSTE: Luis Rivera and Sigfredo Garcia are arrested May of 2016, right?
CRAIG ISOM: Yes.
MR. DECOSTE: Lots of media, right?
CRAIG ISOM: Yes.
MR. DECOSTE: You would agree with me that this is one of the biggest media cases in Tallahassee history?
CRAIG ISOM: One of, yes. Yes.
MR. DECOSTE: And that media has gone beyond Leon County — all over the state, all over the country.
CRAIG ISOM: From my understanding, yes.
MR. DECOSTE: And all that media talked about Katherine Magbanua, right?
CRAIG ISOM: And I think everybody was talked about, from my understanding.
MR. DECOSTE: She didn't flee, right?
MR. DECOSTE: Probable cause affidavits — and again, those are, that's what you write to get a warrant signed by a judge to arrest somebody, right?
CRAIG ISOM: Yes.
MR. DECOSTE: Probable cause affidavits for Kathy Magbanua were leaked to the media, right?
CRAIG ISOM: My understanding was yes.
MR. DECOSTE: Summer of 2016?
CRAIG ISOM: I don't recall the time, but I do know that there was some type of — from someplace — there was some type of press release or leak.
MR. DECOSTE: For first-degree murder?
CRAIG ISOM: That's the charge, yes.
MR. DECOSTE: She doesn't flee.
MR. DECOSTE: Do you understand the question?
CRAIG ISOM: She doesn't flee? You're asking me, did she flee?
MR. DECOSTE: She didn't flee, right?
CRAIG ISOM: No.
MR. DECOSTE: Sometime after that, a television show called 20/20, a very popular television show, did a special on this case, right?
CRAIG ISOM: That's one part of it.
MR. DECOSTE: Was it not that during this investigation it became evident a conspiracy likely existed between one or more members of the Adelson family and the current defendants Sigfredo Garcia and Luis Rivera, and that it must have gone through Katherine Magbanua since there is no evidence directly linking Garcia and Rivera to any of the Adelsons?
CRAIG ISOM: That sounds accurate.
MR. DECOSTE: It sounds like your words, right?
CRAIG ISOM: Yes.
MR. DECOSTE: And You would agree with me that Katherine Magbanua was not involved, right?
CRAIG ISOM: No.
MR. DECOSTE: Nothing further, Judge.
JUDGE HANKINSON: Redirect.
MS. CAPPLEMAN: So we do have the one call from Sigfredo Garcia to Charlie Adelson, right?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: So your theory of the case is not entirely dependent on whether we can establish that there's no communication whatsoever between anyone that didn't funnel through Katherine Magbanua.
MS. CAPPLEMAN: I mean, there's other parts to this case other than did every single piece of communication funnel through her?
CRAIG ISOM: Correct.
MS. CAPPLEMAN: All right. Right. So, for example, we've got a wiretap that we're going to talk about later, right?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: And part of your decision to make an arrest had to do with what was her conduct on that wiretap, yes?
CRAIG ISOM: That's correct.
MS. CAPPLEMAN: And we've got phone records putting her in the middle of it, right?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: Financial evidence putting her in the middle of it.
MR. DECOSTE: Your Honor, outside of the scope of direct and cross-examination. I never talked about it.
JUDGE HANKINSON: Overruled.
CRAIG ISOM: Correct.
MS. CAPPLEMAN: Okay. And the defense says she was working at a bottle club. If she was working at a bottle club, was she doing it in July of 2014, the month that Dan Markel was killed?
CRAIG ISOM: It does not appear so from what I understood.
CRAIG ISOM: In fact, witness testimony suggests that she was not at the bottle club then.
MS. CAPPLEMAN: Do you have any evidence to indicate she was working at a bottle club the month Dan Markel died?
CRAIG ISOM: No.
MS. CAPPLEMAN: But if she was, she had the best month of her life, didn't she? Because she deposited the month — Dan Markel died, Katherine Magbanua deposited significantly more cash than any other month that we looked at surrounding the time of the homicide. Would you agree with that, Detective?
MR. DECOSTE: Objection. Leading. Outside the scope of both direct and cross-examination.
JUDGE HANKINSON: Overruled.
CRAIG ISOM: That is correct.
MS. CAPPLEMAN: Did she report any cash income on her tax returns from working at the bottle club?
CRAIG ISOM: There was nothing reported that I saw.
MS. CAPPLEMAN: Do you have any financial information to indicate that Katherine Magbanua paid $1,700 for that black Lexus?
CRAIG ISOM: No.
MS. CAPPLEMAN: Do you have reason to believe that black Lexus was worth significantly more than $1,700?
MR. DECOSTE: Objection. Hearsay, personal knowledge. Improper opinion.
JUDGE HANKINSON: Overruled.
CRAIG ISOM: Please repeat it.
MS. CAPPLEMAN: Do you have reason to believe that that black Lexus was worth significantly more than $1,700?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: Do you have evidence to suggest that the black Lexus was not in crappy condition, that in fact it was in pristine condition?
CRAIG ISOM: I understand that there is conversation or communication regarding a lot of expense put into the car.
CRAIG ISOM: But as I said before, I did a generic check. I did not know the condition of the car. I did not know the exact mileage. I put a mileage amount based on how many years and average miles per year of driving.
CRAIG ISOM: So just a generic check of the value of the car.
MS. CAPPLEMAN: Do you have any evidence that Ms. Magbanua had any contact via phone or otherwise with any patients of the Adelson Institute?
CRAIG ISOM: No.
MS. CAPPLEMAN: And there was a period of time, a significant period of time, that law enforcement was listening to her phone calls, yes?
CRAIG ISOM: Correct.
MS. CAPPLEMAN: Do you have any evidence that Katherine Magbanua ever was physically present at the Adelson Institute?
CRAIG ISOM: None.
MS. CAPPLEMAN: But she began receiving paychecks from the Adelson Institute two months after the homicide?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: And you asked the employees there what it was that she did?
CRAIG ISOM: Correct.
MS. CAPPLEMAN: And as you sit here today, you cannot tell this jury what it was, if anything, that she did to earn that money?
MR. DECOSTE: Objection. Objection hearsay.
JUDGE HANKINSON: Overruled.
CRAIG ISOM: But they did not have any type of — I did not obtain any type of job classification or responsibilities from the employees at the office that I went to.
MS. CAPPLEMAN: Did you request a copy of her employment file?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: Did you receive that?
CRAIG ISOM: No.
MS. CAPPLEMAN: All right. Did you receive any documentation from the Adelson Institute?
CRAIG ISOM: I received a listing of checks paid to Katherine Magbanua by the Adelson Institute.
MS. CAPPLEMAN: Was there an application for her applying for a position there?
CRAIG ISOM: No.
MS. CAPPLEMAN: Was there any kind of tax documentation?
CRAIG ISOM: I did not receive that, no.
MS. CAPPLEMAN: Was there any type of description of her duties or the position that she was hired to do?
CRAIG ISOM: No.
MS. CAPPLEMAN: Nothing further.
JUDGE HANKINSON: Can you have a question of this? Let's write your question down. Okay. So what we'll do. I'll ask the questions that have been approved, of the witness. He'll answer those, and then allow the attorneys follow up. So that's how we'll do this. Question: You had mentioned some identifying characteristics of the Prius. I believe you listed three things. Were you ever able to actually confirm those actually on the car, or from some other source after the fact? Answer freely.
CRAIG ISOM: Yeah, certainly. The subsequent investigation found that by the time we had tracked the car down to the hybrid rental place, they had sold the car. The car had been sold to a locksmith company in Miami. The car was tracked down, but it had already been painted.
CRAIG ISOM: I believe both mirrors have been replaced.
CRAIG ISOM: Of course, it has a new SunPass, because there's a lot of tolls down there in the Miami area.
CRAIG ISOM: It had been changed, but the tag and the vehicle identification number matched what was provided through the SunPass records with Florida Department of Transportation.
JUDGE HANKINSON: And talking about some of those things in the Premier video — I think we talked about Premier video — can you tell whether you have this black side mirror in that video?
CRAIG ISOM: The one image, if y'all recall, that I felt like was the best side image of the right side of the car, was where they stop and the car stops and another car starts to back out and they almost collide. I mean, it was very close. I thought that's the best image. And if you play with the tinting of the — how much color is on the screen — it's apparent that that mirror on the side is black as opposed to the other mirror.
JUDGE HANKINSON: One of the jurors apparently was of the belief that they had seen this sticker on the back right-hand side of the Prius. Do you remember seeing anything like that?
CRAIG ISOM: I don't recall that. The only — the best image I would think would be when the bus was directly behind the car, had the stoplight on Thomasville at Metropolitan.
CRAIG ISOM: I don't recall any stickers on the bumper area or any place on the back side.
CRAIG ISOM: If by chance there is, that was never identified.
JUDGE HANKINSON: And why was it that the first interview with Mr. Rivera was not recorded?
CRAIG ISOM: The State Attorney's Office — it was determined by the state attorney that the first interview that we did on the 30th, because it had a lot to do with what possible sentence Rivera would get for his cooperation, it was decided that it would not be recorded. It was monitored — I do recall it was monitored by members of the State Attorney's Office — the cameras were on, but it was not being recorded.
JUDGE HANKINSON: And subsequent to that, what discussions with Mr. Rivera were recorded?
CRAIG ISOM: That took place on — actually, we went to interview him initially at the Coleman Federal Prison in Central Florida.
CRAIG ISOM: That was recorded.
CRAIG ISOM: There was another recording.
JUDGE HANKINSON: That was before September 30th?
CRAIG ISOM: Yes, that was in May.
JUDGE HANKINSON: All right. And then after this one that we're talking about?
CRAIG ISOM: While I was going in order, there was — that's good. There was one, then there was one, um, several days later at Coleman again, very brief. It was almost over with as soon as it started. And then the recording happened on October 4th.
MS. CAPPLEMAN: What about when you were driving around with Mr. Rivera? I think you said you went out with him on September 30th.
CRAIG ISOM: September 30th, we — he directed us, myself and other agency members, to the route that he and Garcia took, and he showed us how he got to the house, and he pointed out different things. There is recordings during that time. It's on a body camera that I was supplied with at the — before we started, and I was told when it started, don't wear the batteries out. So you'll probably — I'm assuming you'll see that sometime — that there'll be segments that are important, that is recorded, him in the van and what he's talking about, and then it's turned off in between, lag time.
MS. CAPPLEMAN: You made reference to a wage in our information. What were you referring to?
CRAIG ISOM: The — and forgive me, I believe it's State of Financial — I think it's the state finance department. I probably butchered that. But anyway, they keep track of everyone's — you know, if you're employed by any entity in the state and they take out Social Security, tax, Social Security, anything like that, it is reported to this agency. It's very common for law enforcement, when seeking employment for someone, to contact that agency, and it shows — gives a printout — where the people were working, what quarters of the year they worked at at different places. And that's what I was referring to. We didn't —
MS. CAPPLEMAN: You're not 100% sure the name of the agency?
CRAIG ISOM: It's — hold on a second, I'll pull it up. It's — The Florida Department of Financial Services. And it's just simply verify it — it simply shows employee wage information print. So if you worked in the fourth quarter of 2014, it shows where you worked in that quarter, multiple jobs, whatever. The first quarter of 2015, it shows where you were working there, if you were employed — not cash, but you know, you have — you're on the payroll.
MS. CAPPLEMAN: Is it common procedure, when an inmate wants to cooperate and give information in a criminal case, not to record the first interview?
CRAIG ISOM: Yes.
MS. CAPPLEMAN: And is there anything — was there anything unusual or unethical about the way that the first proffer was handled in this case?
CRAIG ISOM: No.
MS. CAPPLEMAN: And you were present for that?
CRAIG ISOM: I was.
MS. CAPPLEMAN: Okay. And it was the idea to get the basics of what it was that Mr. Rivera had to say, and then have an opportunity to check it out before we made a decision whether we were interested?
CRAIG ISOM: Yes, because you don't know what a defendant is going to say.
CRAIG ISOM: You want to be able to verify as much as possible. You can't take a person's word for it. We have to compare it with the other evidence in the case.
MS. CAPPLEMAN: All right, so if, for example, Mr. Rivera would have said, I wasn't there — I've never been to Tallahassee, I don't know what you're talking about — that would have been a pretty short meeting.
CRAIG ISOM: Yes.
MS. CAPPLEMAN: Okay. And at any time during that proffer, or any of the interviews that you were present for, did I or any member of my office or law enforcement suggest to Mr. Rivera in any way what it was that he should be saying?
CRAIG ISOM: Not to my knowledge.
MS. CAPPLEMAN: Did anybody — me or any member of my team or law enforcement — suggest to Mr. Rivera's lawyers at any time what it was that Mr. Rivera should or needed to say?
CRAIG ISOM: No.
MS. CAPPLEMAN: No further questions.
JUDGE HANKINSON: Garcia.
MR. ZANGENEH: Yes, sir.
MR. ZANGENEH: Detective. I'll try to keep it brief.
MR. ZANGENEH: Following up on what Ms. Cappleman said about whether or not she personally influenced Luis Rivera's testimony, or whether she personally influenced — or anyone from the State Attorney's Office personally influenced or attempted to influence — the Collinses, which were his attorneys, correct? Do you remember her just talking about that?
CRAIG ISOM: Yeah, I remember.
MR. ZANGENEH: Now, this meeting, the initial interview, was September 30th?
CRAIG ISOM: Yes.
MR. ZANGENEH: And Mr. Rivera was arrested on what day?
CRAIG ISOM: May something? He was at the federal prison down by Orlando. I think it was the 27th, I believe. I believe it was the 27th of May.
MR. ZANGENEH: And on September 30th, at that time, the prosecution had released the initial discovery in this case — on what date, sir? By the time, or on or before September 30th, when you had met with Luis Rivera, the prosecution had provided his lawyers, as well as our team — and not Mr. DeCoste, because you guys had been arrested, or whatever have you — you guys had released the discovery in the case, correct?
CRAIG ISOM: I don't know when it was released.
MR. ZANGENEH: The probable cause affidavit, which we've gone over, which Mr. DeCoste went over with you — that had been released, outlining the government's theory of the case?
CRAIG ISOM: I believe so.
MR. ZANGENEH: By — by September 30th?
CRAIG ISOM: By September 30th, yes.
MR. ZANGENEH: So Would it be a safe assumption to make that Mr. Collins, the attorney for Luis Rivera, had done his due diligence and gone over the initial probable cause affidavit on a first-degree murder with his client before you met with him?
CRAIG ISOM: I'm not an attorney. I'm assuming that would be prudent.
MR. ZANGENEH: Now, Ms. Cappleman said that one of the things that she wanted to do, and one of the reasons why the interview wasn't recorded, was they wanted to gauge the veracity of the witness, correct?
CRAIG ISOM: Yes.
MR. ZANGENEH: Now, during direct examination, you indicated that you did two interviews of Luis Rivera, one in May of 2014 at Coleman Federal Correctional Facility. Is that correct?
CRAIG ISOM: I'm sorry, 2016.
MR. ZANGENEH: I apologize.
MR. ZANGENEH: May of 2016.
CRAIG ISOM: There was actually two.
CRAIG ISOM: I don't recall the — around the 27th, I believe there was two interviews.
MR. ZANGENEH: Of Mr. Rivera?
CRAIG ISOM: Of Rivera.
MR. ZANGENEH: While he was in federal custody at Coleman?
CRAIG ISOM: Yes.
MR. ZANGENEH: And you were personally there?
CRAIG ISOM: Yes.
MR. ZANGENEH: And would it be a fair assessment to summarize that he denied any involvement?
CRAIG ISOM: He — He recalled — he recalled eventually —
MR. ZANGENEH: Recall — go ahead, I'm sorry. Did he give you a confession in his main interview?
CRAIG ISOM: No.
MR. ZANGENEH: Did he distance himself and pretty much say, I had nothing to do with it?
CRAIG ISOM: Yes.
MR. ZANGENEH: June July, August. Four short months later, his story changes?
CRAIG ISOM: Yes.
MR. ZANGENEH: Substantially?
CRAIG ISOM: Yes.
MR. ZANGENEH: And on September 30th, when you have your first interaction with him, it's not memorialized on surveillance, correct?
CRAIG ISOM: No.
MR. ZANGENEH: No. And one of the reasons — what I just heard for the first time — was that there were plea negotiations that were going on between the government and Luis Rivera during this interview?
CRAIG ISOM: I don't have any knowledge of that.
MR. ZANGENEH: Were you present when the government was in plea negotiations with one of the Collinses during that interview?
CRAIG ISOM: On the 30th?
MR. ZANGENEH: Yes, sir.
CRAIG ISOM: I wasn't in a room where there was any plea negotiations. I was never present for any plea negotiations.
MR. ZANGENEH: Were you aware the plea negotiations were going on?
CRAIG ISOM: I was notified on the 29th of September that Rivera and his attorneys agreed to a cooperative proffer interview the following day, on the 30th. That's what I did. I went there on the 30th.
MR. ZANGENEH: And before that day, would it be fair to say that no specific term of imprisonment had been agreed to?
CRAIG ISOM: I don't have any knowledge of any term.
CRAIG ISOM: I didn't know what his sentence was going to be, or any type of that, anything like that.
MR. ZANGENEH: Did the State Attorney's Office consult with you with regards to the factors of the deal you guys gave Luis Rivera?
CRAIG ISOM: Can you specify what you're talking about?
MR. ZANGENEH: Sure, no problem. Did the state attorney come up to you and go, Detective Isom, are you okay with seven more years after he does his federal sentence if he cooperates?
CRAIG ISOM: No.
MR. ZANGENEH: In the October 4th interview, you were there, correct?
CRAIG ISOM: Yes.
MR. ZANGENEH: And it was all recorded on video?
CRAIG ISOM: Yes.
MR. ZANGENEH: Was there any portion of communication between law enforcement and Luis Rivera and/or his attorney that wasn't memorialized on that day?
CRAIG ISOM: Between who now?
MR. ZANGENEH: Between law enforcement and either — well, let's start it like this. Was there any portion of that day where there was interaction between law enforcement and Luis Rivera that wasn't memorialized on camera?
MS. CAPPLEMAN: Judge, I'm going to object as getting far afield of the limited purpose of this —
CRAIG ISOM: I don't recall anything outside of — I don't recall any contact with defendant Rivera outside of the room where the recording was taking place.
MR. ZANGENEH: Was there occasion on that day, on October 4th, where you had communications with Luis Rivera's attorney, Chuck Collins, and you were discussing Luis Rivera's testimony before the cameras turned on?
JUDGE HANKINSON: I'll sustain the objection. That's outside.
JUDGE HANKINSON: Move on.
MR. ZANGENEH: Give me one second.
MR. ZANGENEH: Detective Isom, do you recall whether or not the body camera that you wore on September 30th was an Axon camera?
MR. ZANGENEH: Do you know the kind of body cameras you guys wear?
CRAIG ISOM: No. I was never assigned a camera. That was my only time ever using a body camera. I didn't wear it. I held it in my hand.
CRAIG ISOM: That was what was available. That was portable.
CRAIG ISOM: That's what we decided to use, from leaving Jefferson County Jail.
CRAIG ISOM: I don't know the brand.
CRAIG ISOM: I just know how to — I knew how to turn it off, and I was reminded several times, turn it off or you'll have dead batteries.
MR. ZANGENEH: I'm sorry, I didn't mean to cut you off. Are you finished, sir?
CRAIG ISOM: Yep.
MR. ZANGENEH: And the purpose of this — how long was your car ride with Luis Rivera that day?
CRAIG ISOM: On which day?
MR. ZANGENEH: When you guys went looking for where he led — he told you he had disposed of the gun, correct?
CRAIG ISOM: He actually said that Garcia disposed of it.
MR. ZANGENEH: Of course he did.
MR. ZANGENEH: But I apologize, sir.
MR. ZANGENEH: I withdraw that statement.
JUDGE HANKINSON: ...defense attorney's comments.
MR. ZANGENEH: So the purpose of, uh, the ride that you took with Luis Rivera was to attempt to locate the firearm used in the murder of Dan Markel.
CRAIG ISOM: I want to clarify. The second — the second time we took Rivera in the van, on the 30th, after his unrecorded proffer interview, to show us which route he took. Part of that was to confirm what he was saying. We knew from the video surveillance some of that route that they took. He actually showed us something that we didn't know — that I didn't know — during that ride. That was the first ride that was recorded.
MR. ZANGENEH: Well, Detective, what did he show you that you didn't know?
CRAIG ISOM: He showed us where he parked at one point on a day before the actual homicide.
MR. ZANGENEH: And where was that?
CRAIG ISOM: Guy McCord Park.
MR. ZANGENEH: Spell that for me.
CRAIG ISOM: I believe the first name is G — oh boy — G-U-Y-T-E, and the last is M-C, capital C-O-R-D. It's on Armistead Road. If you turn on Armistead, you can get to the Markel residence from the back route instead of going all the way down to Benton like the priest did.
MR. ZANGENEH: Is that through the wooded area?
CRAIG ISOM: Well, it's — you just turn left on Ar— if you're going south on Thomasville, you just turn left on Armistead, and there's a park there where people can walk. There's a walking path. Yeah, it comes behind the houses along Prescott.
MR. ZANGENEH: And so, what I'm talking about — and I appreciate you, you know, educating —
CRAIG ISOM: I just wanted to verify for the jury there's more than one ride with a recording device.
MR. ZANGENEH: Well, I appreciate you doing that. Uh, what I'm talking about is the ride you guys took to attempt to locate the firearm that was used in this homicide.
CRAIG ISOM: Okay.
MR. ZANGENEH: Okay. Now, the Homicide happened at around 11 a.m., correct?
CRAIG ISOM: Yes.
MR. ZANGENEH: And it's about a six, six and a half hour drive — maybe seven hours — back to Miami?
MS. CAPPLEMAN: Objection. Outside the scope.
JUDGE HANKINSON: I'll let you ask a question too, but let's get to something that relates to the juror question.
MR. ZANGENEH: Of course. You were looking for the firearm. Did you ever find a firearm during your search?
JUDGE HANKINSON: That's outside the scope of what was asked. Recordings — that's what we're talking about.
MR. ZANGENEH: Judge, I'll reserve the right to recall Detective Isom another time. Thank you.
JUDGE HANKINSON: All right.
JUDGE HANKINSON: Mr. DeCoste?
MR. DECOSTE: A few more questions.
MR. DECOSTE: You were asked about earnings summaries.
MR. DECOSTE: Earnings summaries, I think it was, that you were asked about. Wage and hours or something. And that was from Ms. Magbanua, right?
CRAIG ISOM: I think the question from the jury was what department compiles wage and hours. That's my recollection.
MR. DECOSTE: And, of course, you subpoenaed that stuff, right?
CRAIG ISOM: I don't recall if we subpoenaed it or just requested it.
CRAIG ISOM: I don't recall.
MR. DECOSTE: Now, a subpoena puts a legal requirement on the person that's served, or the entity that's served, to give it over to you, right?
CRAIG ISOM: Yes.
MR. DECOSTE: No subpoena?
CRAIG ISOM: I don't — I don't know if we had to subpoena them or not.
MR. DECOSTE: Let's go now to Luis Rivera.
MR. DECOSTE: 5-27-2016 — May 27, 2016 — you go and meet with him for the first time with Special Agent Patrick Sanford. Okay, he denies ever being in Tallahassee in his life, right?
CRAIG ISOM: Initially he did. He eventually admits to being in Tallahassee on a later date. — on a later date.
MR. DECOSTE: You met with him on 5-27-2016.
CRAIG ISOM: There were two interviews. The first one's where he provided that; the second one was very short — he invoked.
MR. DECOSTE: Let me give you the dates and then I'll ask the question.
MR. DECOSTE: He's incarcerated in South Florida, and you go and meet with him on May 27, 2016, and again on June 3rd, 2016. And in neither of those meetings did he confess to being involved in the murder of Dan Markel, right?
CRAIG ISOM: He did not confess to being — to being involved in the murder of Dan Markel.
MR. DECOSTE: Fast forward — September 30th, 2016, you have the meeting with him. This is after he's decided to cooperate, and you go meet with him in Jefferson County, right? September 30th.
CRAIG ISOM: Now, September 30th, yeah.
MR. DECOSTE: Thank you.
CRAIG ISOM: Yes.
MR. DECOSTE: Now, you said that you were told not to use a camera too much because you'd wear out the battery.
CRAIG ISOM: On the van ride, yes.
MR. DECOSTE: Okay.
MR. DECOSTE: And you had the camera on you. You could have recorded on September 30th, but there was a concern about the battery life, right?
CRAIG ISOM: The body camera with the battery came up after we had — the jail has their own video system. We don't need a little body camera. I needed something portable for the van ride, and that's what was provided to me.
MR. DECOSTE: What I'm asking you for is, you had the means with which to record him in that meeting.
MR. DECOSTE: And I'm asking you about the battery because, as you said during my cross-examination, this is the biggest case in Tallahassee history.
MR. DECOSTE: Nobody could grab some extra batteries?
MR. DECOSTE: Record that interview?
CRAIG ISOM: The interview in the jail was decided by the state attorney's office that it was not going to be recorded.
MR. DECOSTE: So let's go into that. You work for the Tallahassee Police Department, right?
CRAIG ISOM: Yes.
MR. DECOSTE: That is not the Leon County State Attorney's Office. You're — you're your own entity, right?
CRAIG ISOM: Yes.
MR. DECOSTE: You don't have to answer to them — Legally, you do not have to answer to them, right?
CRAIG ISOM: No, legally I do not.
MR. DECOSTE: You could have recorded that if you wanted to?
CRAIG ISOM: Yes.
MR. DECOSTE: Now, you wrote a report about that interview with Luis Rivera, right?
CRAIG ISOM: Yes.
MR. DECOSTE: Dated December 6, 2016 — 2016, right?
CRAIG ISOM: Yes.
MR. DECOSTE: Okay. So a little over two months you spend drafting this report, talking about what he said in that interview room, right?
CRAIG ISOM: Yes.
MR. DECOSTE: Now, a moment ago you said that, well, the reason why it wasn't recorded is because it talked about a deal, and, you know, the state attorney's office, what they want us to do. You gave an explanation to the jury. None of that's in your report, is it?
CRAIG ISOM: I — I don't know. I'd have to read it. You want me to read this whole thing?
MR. DECOSTE: Please.
CRAIG ISOM: It's going to take a while.
JUDGE HANKINSON: Alright. We'll take 10 minutes. Let the jury step out.
JUDGE HANKINSON: Mr. DeCoste? Why don't you re-ask your question, make sure we remember what you asked.
MR. DECOSTE: I had asked you about the reasoning why — strike that. So you had given an explanation as to why the September 30th interview was not recorded.
MR. DECOSTE: And then I asked you if that's anywhere in the report that you wrote about what happened on September 30th. This is a report that was written about two months after the interview.
MR. DECOSTE: And do you want to take a look at the six-page, or maybe both?
MR. DECOSTE: Take a look at your report?
CRAIG ISOM: Yes, I did.
MR. DECOSTE: Anything in there as to the reason why it wasn't recorded?
CRAIG ISOM: No.
MR. DECOSTE: Anything about any deals or anything like that?
CRAIG ISOM: No.
MR. DECOSTE: Anything about the fact that the state wanted you to get a basis first?
CRAIG ISOM: No.
MR. DECOSTE: You understood what I meant by "basis," right?
CRAIG ISOM: After it sunk in a little bit.
MR. DECOSTE: The last line, the last topic — the basis.
MR. DECOSTE: You're telling this jury that the state wanted you to go in there and find out what he had, right?
CRAIG ISOM: They wanted to get his testimony to try to verify as much as possible to see if he was going to cooperate and be a witness for the prosecution.
MR. DECOSTE: Isn't it true that a month and a half before that, Ms. Cappleman, on August 8th, went and met with him herself to get that information?
CRAIG ISOM: I'm not aware of that.
MR. DECOSTE: Nothing further.
JUDGE HANKINSON: Redirect?
MS. CAPPLEMAN: Have I had any — I don't even know what to say to that. No questions.
JUDGE HANKINSON: All right, you can step down. You remain under the rule. Call your next witness.