6.Christopher Corbitt — Direct/Cross/Redirect
796 linesPROCEEDINGS
JUDGE HANKINSON: Let's have the jury, please.
(Jury enters the courtroom.)
JUDGE HANKINSON: If everybody but the witness would be seated, please. If you would, face the clerk and be sworn, please, sir.
whereupon, CHRISTOPHER CORBITT was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE HANKINSON: Have a seat and slide up to the microphone, please, sir.
CHRISTOPHER CORBITT: Thank you, sir.
JUDGE HANKINSON: You may proceed.
MS. NORRIS: Thank you, Judge.
DIRECT EXAMINATION BY MS. NORRIS:
MS. NORRIS: Good afternoon.
CHRISTOPHER CORBITT: Good afternoon.
MS. NORRIS: Can you state and spell your name for the jurors, please.
CHRISTOPHER CORBITT: Certainly, my name is Christopher Corbitt, and that is C-O-R-B-I-T-T. And I am a sergeant with the city of Tallahassee Police Department.
MS. NORRIS: How long have you worked for the Tallahassee Police Department?
CHRISTOPHER CORBITT: For almost 25 years now.
MS. NORRIS: Are you in a certain unit or division within the Tallahassee Police Department?
CHRISTOPHER CORBITT: Yes, I currently supervise the technical operations unit, and that's the unit in the agency that is responsible for, sort of, all the high-tech ways that we may gather or analyze evidence in criminal cases. It includes things like computer forensics or mobile device forensics, cell phone forensics, and then what I spend a large portion of my time doing which is communication record analysis.
MS. NORRIS: And do you have any specialized training in communication records analysis or cell phone analysis?
CHRISTOPHER CORBITT: I do. I have over 1,300 hours of general technical training, and then over 750 that is specific to cell phone analysis, how the phones operate, understanding the records, mapping carrier records, so, yes.
MS. NORRIS: In addition to the, I guess, education or training that you've received in this area, do you have any real life on-the-job experience doing that type of analysis?
CHRISTOPHER CORBITT: Yes, we use communication record analysis on an almost daily basis whether it's to locate missing persons or recover evidence or anything else. we use the practical side of it regularly.
MS. NORRIS: And how many of your 25 years with TPD -- how many of those years have you been doing this type of analysis?
CHRISTOPHER CORBITT: I have been in tech, I believe, for the last 14 years.
MS. NORRIS: Have you ever testified in a criminal case with respect to cell phone communication records analysis?
CHRISTOPHER CORBITT: Yes, I have.
MS. NORRIS: Approximately how many times?
CHRISTOPHER CORBITT: Sixty-five.
MS. NORRIS: At this time the State tenders the witness, Your Honor.
JUDGE HANKINSON: Do you wish to voir dire?
MR. ZANGENEH: No, Judge.
MR. DECOSTE: No, Your Honor.
JUDGE HANKINSON: All right. You may proceed.
MS. NORRIS: Thank you, Judge.
BY MS. NORRIS:
MS. NORRIS: So at some point did you become involved in the investigation of the murder of Daniel Markel?
CHRISTOPHER CORBITT: Yes, I did.
MS. NORRIS: And in what capacity did you become engaged in the investigation?
CHRISTOPHER CORBITT: The technical operations unit received a number of requests initially. Again, with the variety of things that we do, there was a request for a forensic analysis of cell phones and some initial requests for communication records -- to get cell phone records for some of the initial people involved in the investigation.
MS. NORRIS: So that would have been perhaps like a lead investigator who would reach out to you in tech ops and say, okay, there is some cell phone stuff going on that we need your help with; is that right?
CHRISTOPHER CORBITT: Yes, absolutely. The investigator or someone in the investigative team will contact myself or one of the officers that works with me and then tell us what it is that they need. Hey, we have a phone that we are going to need examined, or here is a phone number. we need to get some records for this. So they give us the request. They tell us what it is that we need, and we help facilitate that.
MS. NORRIS: Throughout the course of TPD's investigation, I mean, were you intimately involved in that investigation?
CHRISTOPHER CORBITT: I was, yes.
MS. NORRIS: Did y'all develop certain individuals who were of interest or who were subjects in this criminal case?
CHRISTOPHER CORBITT: Yes, we did.
MS. NORRIS: And who were those individuals?
CHRISTOPHER CORBITT: well, obviously, the Adelson family being Charlie Adelson, the mother Donna, and father Harvey were identified just as family members of wendi Adelson the ex-wife. Obviously, Mr. Garcia and Ms. Magbanua were developed as suspects in the case. Mr. Rivera was developed as a suspect as well.
MS. NORRIS: And did you develop in the investigation phone numbers believed to be associated with each of these subjects that you just identified?
CHRISTOPHER CORBITT: Yes, we did.
MS. NORRIS: May I approach, Your Honor?
JUDGE HANKINSON: You may.
BY MS. NORRIS:
MS. NORRIS: I am going to show you what I have marked for identification purposes as State's Demonstrative B. Can you see all that?
CHRISTOPHER CORBITT: I can, yes.
MS. NORRIS: And do you recognize the photographs, names, and phone numbers depicted on each of these large charts?
CHRISTOPHER CORBITT: I do.
MS. NORRIS: Are the phone numbers and names and photographs associated with each line on here accurate?
CHRISTOPHER CORBITT: They are.
MS. NORRIS: Your Honor, I would ask to publish this to the jury for a demonstrative aid.
JUDGE HANKINSON: You may.
MS. NORRIS: And may I keep it up during the course of this testimony?
JUDGE HANKINSON: During the direct examination, yes.
MS. NORRIS: Yes, sir.
JUDGE HANKINSON: Can y'all see? Mr. DeCoste, can you see it? what is that?
MR. DECOSTE: Can we go to the other side?
JUDGE HANKINSON: Let's just move it around a little bit more. What are we doing, Ms. Norris?
MS. NORRIS: I am just trying to get a position where I am not covering the projector, Your Honor.
JUDGE HANKINSON: Half your jurors are not able to see it now.
MS. NORRIS: Yes, sir.
BY MS. NORRIS:
MS. NORRIS: If we could go through -- if you could go through what the phone number associated with Harvey Adelson was.
JUDGE HANKINSON: why don't you do this. why don't you put the poster up over here where everybody can see it?
MS. NORRIS: Yes, sir. ~=BY MS. NORRIS:
MS. NORRIS: You mentioned that sometimes you would be requested to get phone records associated with certain cell phone numbers?
CHRISTOPHER CORBITT: That's correct, yes.
MS. NORRIS: And you did that in this case?
CHRISTOPHER CORBITT: I did, yes.
MS. NORRIS: May I approach, Your Honor?
JUDGE HANKINSON: You may.
BY MS. NORRIS:
MS. NORRIS: I am going to show you what is already in evidence as State's Exhibit 128. Do you recognize that?
CHRISTOPHER CORBITT: I do, yes.
MS. NORRIS: And are those the phone records for Luis Rivera's cell phone number (305)570-8153?
CHRISTOPHER CORBITT: They are.
MS. NORRIS: Next I am going to show you State's Exhibit 129. Do you also recognize that disc?
CHRISTOPHER CORBITT: I do.
MS. NORRIS: And what does that contain?
CHRISTOPHER CORBITT: These are the phone records for Mr. Garcia's cell phone number of (€786)372-5986.
MS. NORRIS: Next I am showing you State's Exhibit 131. Do you recognize that disc?
CHRISTOPHER CORBITT: I do.
MS. NORRIS: And how do you recognize that?
CHRISTOPHER CORBITT: I recognize it by my initials that are on the disc.
MS. NORRIS: And what does it contain?
CHRISTOPHER CORBITT: It contains the cell phone records for wendi Adelson.
MS. NORRIS: And is that the phone number (954) 803-0079?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: Now, I am showing you State's Exhibit 132.
JUDGE HANKINSON: who was that for? I am sorry.
CHRISTOPHER CORBITT: Wendi Adelson.
JUDGE HANKINSON: Okay.
BY MS. NORRIS:
MS. NORRIS: I am now showing you State's Exhibit 132. Do you recognize that?
CHRISTOPHER CORBITT: I do.
MS. NORRIS: And what does that contain?
CHRISTOPHER CORBITT: These would be the cell phone records for Donna Adelson at the (954)396-0997.
MS. NORRIS: I am showing you State's Exhibit 133. Do you similarly recognize that disc?
CHRISTOPHER CORBITT: I do.
MS. NORRIS: And what does it contain?
CHRISTOPHER CORBITT: The records for Charlie Adelson at the (954) 254-9223.
MS. NORRIS: I am now showing you State's Exhibit 134. Do you recognize that CD?
CHRISTOPHER CORBITT: I do.
MS. NORRIS: And how do you recognize it?
CHRISTOPHER CORBITT: Again, by my initials that are on the disc.
MS. NORRIS: And what does it contain?
CHRISTOPHER CORBITT: It contains the cell phone records for Harvey Adelson at the (954)980-9032.
MS. NORRIS: I am showing you State's Exhibit 135. Do you recognize that disc?
CHRISTOPHER CORBITT: I do.
MS. NORRIS: And what does it contain?
CHRISTOPHER CORBITT: It contains the cell phone records for Ms. Magbanua at the (786)564-1312.
MS. NORRIS: And, finally, I am showing you State's Exhibit 137. Do you recognize that disc?
CHRISTOPHER CORBITT: I do.
MS. NORRIS: And what does it contain?
CHRISTOPHER CORBITT: These are the cell phone records for Mr. Dan Markel, and his cell phone number was (202)276-8200.
MS. NORRIS: Now, Sergeant Corbitt, each of these discs -- and I'm going to leave them in front of you for reference. Do they contain a voluminous amount of data?
CHRISTOPHER CORBITT: Yes, they do.
MS. NORRIS: Hundreds and thousands of pages of data?
CHRISTOPHER CORBITT: Yes, for the various numbers we obtained various amounts of records. And, generally, by that I mean time, the timeframe for the records. But most of the records are in the hundreds or thousands of pages. If they were to be printed out, there is a significant amount of data actually there if you were to try to print it out.
MS. NORRIS: And this is the data that you analyzed in preparation for testifying throughout the course of this trial?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: Okay. And is it true you will be called to the stand multiple times throughout the trial by the State?
MS. NORRIS: So this first direct examination of you, what are you prepared to talk about?
CHRISTOPHER CORBITT: Initially here we are going to speak about wendi Adelson's activity for the day of the homicide and also some of the initial investigative steps that we took in an attempt to develop suspect phone numbers or suspects.
MS. NORRIS: In preparing to testify today, have you prepared dike a visual or a demonstrative aid to assist the jury in understanding some of the records that you reviewed and the conclusions that you reached in this case?
CHRISTOPHER CORBITT: Yes, I have.
MS. NORRIS: And would that help you testify?
CHRISTOPHER CORBITT: It would.
MS. NORRIS: Your Honor, at this time I would ask permission to use the visual demonstration?
JUDGE HANKINSON: You may.
MR. DECOSTE: Objection, Your Honor. If we can approach sidebar while the tech is being set up.
JUDGE HANKINSON: with what?
MR. DECOSTE: If we could approach sidebar?
(Sidebar conference as follows:)
JUDGE HANKINSON: Yes?
MR. DECOSTE: For Magbanua, I had asked Ms. Norris what it is that is about to be shown to the jury and if we had been provided it. I got the response of, maps and stuff. I don't believe that we have been provided this. Ms. Norris in her response says, well, then object.
If there is anything being shown to the jury right now, of course, we would want to be able to review it first to see if there is any objectionable material. In a nutshell, we don't know what they are about to show to the jury.
JUDGE HANKINSON: All right. It is a demonstrative aid. The objection will be overruled.
(Sidebar conference concluded.)
BY MS. NORRIS:
MS. NORRIS: Sergeant Corbitt, I first want to talk about wendi Adelson's activities on July 18th of 2014. Are you familiar ~with her statements about her movements and her activities on that particular date?
CHRISTOPHER CORBITT: yes, I am.
MS. NORRIS: And are you familiar with the route that she says that she took from her home throughout -- going to lunch at Mozaik?
CHRISTOPHER CORBITT: Yes, I am.
MS. NORRIS: And have you prepared a map showing the route that Wendi Adelson took?
CHRISTOPHER CORBITT: Yes, I have.
MS. NORRIS: Can you show that to us, please?
CHRISTOPHER CORBITT: I can.
MS. NORRIS: Describe what you have on the slide for Ms. Adelson's travel on July 18th, 2014.
CHRISTOPHER CORBITT: well, we know that she left her residence on Aqua Ridge way. She traveled down Centerville Road, and in a cut through to get towards the Thomasville Road area traveled on Trescott Drive until she approached a roadblock and was unable to go further.
MS. NORRIS: And is that what is indicated with the map at 2116 Trescott Drive?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: And then where did she proceed after encountering the roadblock?
CHRISTOPHER CORBITT: So after there she proceeded back to Centerville Road, and then proceeded on to her first destination which was reportedly the ABC Fine Wine and Spirits there on Thomasville Road.
MS. NORRIS: And, again, this is just based on her statements of what she did that day?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: where did she proceed after going to the ABC Wine and Spirits on Thomasville Road?
CHRISTOPHER CORBITT: She traveled to Mozaik, to the restaurant.
MS. NORRIS: Did you -- and I believe we already went over in the CD in front of you, your State's Exhibit 131, I believe. Those are wendi Adelson's phone records?
CHRISTOPHER CORBITT: I believe 131, we certainly have them here. yes, 131.
MS. NORRIS: And you analyzed Ms. Adelson's phone records as well?
CHRISTOPHER CORBITT: Yes, I did.
MS. NORRIS: what kind of information would a phone company provide, for example, as they did in Ms. Adelson's phone records?
CHRISTOPHER CORBITT: well, generally we obtain subscriber information maybe that will tell us who an account is owned by or paid for. And we get what we call, call detail records, or they are the general records that provide us with the date and time of an event, who is calling who, the duration. So from those CDRs as we call them, we are able to determine, again, who is calling who and when. And there is also a section in there that gives us some location information for the cell sites that a handset is using.
MS. NORRIS: And you reviewed those?
CHRISTOPHER CORBITT: I did.
MS. NORRIS: Could you tell from wendi Adelson's phone records whether or not she communicated with or attempted to communicate with Dan Markel on the morning that he was killed?
CHRISTOPHER CORBITT: Yes, there was attempted communication, yes.
MS. NORRIS: And can you tell me more detail about that attempted communication?
CHRISTOPHER CORBITT: Yes, there was an outgoing call at 11:42 a.m. from Ms. Adelson to Mr. Markel that by the records indicate that that phone call was not answered, and that it was routed to voice mail.
MS. NORRIS: Now, by 11:42 a.m. was Mr. Markel already shot?
CHRISTOPHER CORBITT: He was, yes.
MS. NORRIS: Did you have any other evidence in addition to her own statements about her movements the day of the murder to put her at a certain location at a certain time?
CHRISTOPHER CORBITT: we had recovered during the investigation was a receipt for -- or from ABC Liquors that gave us a timestamp, and we can see that that is 12:49 p.m. on July 18th of 2014. So that gives us at least an approximate time that she would have been at the ABC Liquor Store.
MS. NORRIS: So based on your analysis of her cell phone records that contain location information for different events like calls and texts that she is having along with the receipt from ABC Liquor at 12:49 p.m., are you able to ascertain an approximate timeframe that she would have encountered the roadblock on Trescott Drive?
CHRISTOPHER CORBITT: Yes, obviously taking into account the time that it would take to turn around, continue on, get to the actual store and conduct the transaction, then would have had to approach --
MR. ZANGENEH: Judge, I am going to object. This is speculation.
JUDGE HANKINSON: Overruled.
CHRISTOPHER CORBITT: Then, again, we can deduce that it would have passed the roadblock somewhere in the 12:40, 12:45, maybe 12:35, 12:45 range.
BY MS. NORRIS:
MS. NORRIS: Once you had narrowed down the timing of her encounter of the roadblock, were you then able to look and see what, if any, calls or communications she attempted after encountering the roadblock?
MS. NORRIS: Did she attempt to call her child's day care, Creative Pre-School?
CHRISTOPHER CORBITT: She did not.
MS. NORRIS: Did she attempt to call Daniel Markel?
CHRISTOPHER CORBITT: She did not.
MS. NORRIS: Did she attempt to call 911 or other emergency phone number?
CHRISTOPHER CORBITT: She did not.
MS. NORRIS: And based on her records, were you able to ascertain what it appeared she intended to do after that?
MS. NORRIS: And what was that?
CHRISTOPHER CORBITT: That was a lunch date.
MS. NORRIS: And was that based on call logs, text messages, and voice mails?
CHRISTOPHER CORBITT: Yes, that's correct.
MS. NORRIS: Sergeant Corbitt, how long have you lived in Tallahassee, Florida?
CHRISTOPHER CORBITT: Since 1988.
MS. NORRIS: Are you familiar with that area where Mozaik used to be at I-10 and Thomasville Road?
CHRISTOPHER CORBITT: I am.
MS. NORRIS: Are you familiar with whether or not there are any liquor stores in that vicinity?
CHRISTOPHER CORBITT: I am. And, yes, there are.
MS. NORRIS: And which liquor stores are in the vicinity of Mozaik restaurant back in July of 2014?
CHRISTOPHER CORBITT: well, Market Square Liquors was just across the shopping center there. There is a Publix liquors and another ABC a little further up Thomasville Road.
MS. NORRIS: Are any of those three liquor stores closer to Wendi Adelson's residence at Aqua Ridge Road than the one she went to on south Thomasville Road?
CHRISTOPHER CORBITT: Yes, they all are.
MS. NORRIS: Can you show whether or not you are familiar with a different route she could have taken to be more direct to get to a liquor store?
MS. NORRIS: And is that what we are seeing here on the slide?
CHRISTOPHER CORBITT: Yes, the purple route is the route that she took. The dotted route would be by the mapping software what would be the most direct route, and you can see the location of the other liquor stores.
MS. NORRIS: As you mentioned previously, you know, we've just discussed wendi Adelson's movements. You also indicated you were involved in the development of suspects through the use of technical data or cell phone communication records; is that right?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: And what kind of tools did you have at your disposal in the tech ops unit to try to develop suspects in this case?
CHRISTOPHER CORBITT: well, several, but one of the first that we considered was what we call a tower dump.
MS. NORRIS: what is a tower dump?
CHRISTOPHER CORBITT: I can switch here. I will -- so the investigators learned the movements and times --
MR. ZANGENEH: Judge, can we come sidebar? I have an objection.
JUDGE HANKINSON: NO, move on. Have a Seat.
BY MS. NORRIS:
MS. NORRIS: Let me ask it this way. The morning of the murder did you know based on the evidence that TPD had what Daniel Markel's movements were prior to being shot in his garage?
CHRISTOPHER CORBITT: Yes, I did.
MS. NORRIS: And what were those movements?
CHRISTOPHER CORBITT: we knew that he had departed his house and traveled to his children's day care, dropping his children off there, and then proceeded on to the Premier Health and Fitness gym and then back to his residence. And we knew the approximate times that he left and arrived at each of those general areas.
MS. NORRIS: Did TPD have any reason to believe that Mr. Markel was being followed the morning prior to being shot?
CHRISTOPHER CORBITT: Yes, we did.
MS. NORRIS: And what was that based on?
CHRISTOPHER CORBITT: That included the video from Premier where we see the Prius come into the parking lot just after and leave following as well.
MS. NORRIS: So knowing or believing that he was at these different locations -- well, strike that. Did you also have approximate timeframes for which he was at each of those locations, his home, the preschool, the gym, and back home?
CHRISTOPHER CORBITT: Yes, we did.
MS. NORRIS: Having that information was there a tool that law ~enforcement had available that it could use to try to hone in on who might have been the suspect vehicle following Daniel Markel?
CHRISTOPHER CORBITT: Yes. Again, knowing that we had three unique locations and four timeframes and knowing that, again, most people have and utilize cell phones, we know that any cell phone that was in any of those particular locations would likely communicate with a certain number of cell sites immediately around that area. So by obtaining all the records of the events that went through those cell sites from each of the different carriers, then we could try to compare those datasets and see which handsets were near his residence, near the preschool, near Premier at the same times that Mr. Markel was. That would likely result in a suspect phone number for us.
MS. NORRIS: when you say cell sites, can you kind of tell me like I am a five-year-old what a cell site is?
CHRISTOPHER CORBITT: Sure. Your cell phone is a very elaborate radio, and it communicates with cell sites or cell towers to exchange information. And, again, we know where those towers are. we know where they are located in town, and that helps us, again, to determine that area that we are going to look at. But the cell phone -- any transaction that it does, be that a voice call, a text message, or a data session, we know it is going to be processed through a cell site or a cell tower.
MS. NORRIS: So the idea here was to look for any phone companies who have cell sites or cell towers in these three respective locations and get data from them about every single handset that's communicating with their company's towers within the parameters of that circle that we see --
CHRISTOPHER CORBITT: Yes, and parameters of the time. we looked at those very narrow timeframes.
MS. NORRIS: And what phone companies were believed to have cell sites or towers in these three respective locations?
CHRISTOPHER CORBITT: we have four here, and that is T-Mobile, AT&T, Verizon, and Sprint.
MS. NORRIS: So TPD subpoenaed or got a search warrant for those records from each of the phone companies?
CHRISTOPHER CORBITT: Yes, we did.
MS. NORRIS: May I approach, Your Honor?
JUDGE HANKINSON: You may.
BY MS. NORRIS:
MS. NORRIS: I am showing you what is already in evidence as State's Exhibit 139. Do you recognize that CD?
CHRISTOPHER CORBITT: I do.
MS. NORRIS: And how do you recognize it?
CHRISTOPHER CORBITT: Again, by my initials on the disc.
MS. NORRIS: And what is contained on that disc?
CHRISTOPHER CORBITT: The results of the tower dump search warrant from T-Mobile.
MS. NORRIS: I am now going to show you what I have marked for identification as State's Exhibit 140. Do you recognize that CD?
CHRISTOPHER CORBITT: I do.
MS. NORRIS: And how do you recognize it?
CHRISTOPHER CORBITT: Again, by my initials on the disc.
MS. NORRIS: And what does it contain?
CHRISTOPHER CORBITT: The search warrant results from AT&T.
MS. NORRIS: The search results -- or search warrant results, excuse me, from AT&T, did those contain a certificate of authenticity from the phone company that these are, in fact, the tower dump records from the areas and timeframes you requested?
CHRISTOPHER CORBITT: Yes, they did.
MS. NORRIS: All right. At this time I would offer into evidence State's Exhibit 140.
JUDGE HANKINSON: Is there objection?
MR. ZANGENEH: Give me a second, Judge.
(Pause. )
MR. ZANGENEH: Not with regards to this testimony, Judge.
MR. DECOSTE: No objection.
JUDGE HANKINSON: 140 will be admitted.
(State's Exhibit 140 received in evidence.)
BY MS. NORRIS:
MS. NORRIS: I am now showing you what I marked for identification as State's Exhibit 141. Do you recognize that CD?
CHRISTOPHER CORBITT: Yes, I do.
MS. NORRIS: Do you recognize it because you reviewed it and put your signature on the disc?
CHRISTOPHER CORBITT: Yes, I did.
MS. NORRIS: And what is contained on State's 141?
CHRISTOPHER CORBITT: These would be the tower dump results from Verizon.
MS. NORRIS: And did those as well contain a certificate of authenticity from Verizon attesting that their tower dump records contained therein are accurate and maintained by the business?
CHRISTOPHER CORBITT: They do.
MS. NORRIS: Your Honor, at this time I would offer State's Exhibit 141.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: Not from Garcia.
MR. DECOSTE: No objection, Judge.
JUDGE HANKINSON: It will be admitted.
(State's Exhibit 141 received in evidence.)
BY MS. NORRIS:
MS. NORRIS: Finally, I am showing you State's Exhibit 142. Do you recognize that CD in the same way that you recognize the previous CDs?
CHRISTOPHER CORBITT: I do.
MS. NORRIS: And does that -- and what does it contain?
CHRISTOPHER CORBITT: The same results from Sprint wireless.
MS. NORRIS: Do these results from the tower dump for Sprint also contain a business record certificate of authenticity for the records contained therein?
CHRISTOPHER CORBITT: Yes, they do.
MS. NORRIS: At this time the State would offer State's Exhibit 142.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: NO.
MR. DECOSTE: No, objection.
JUDGE HANKINSON: It will be admitted.
(State's Exhibit 142 received in evidence.)
BY MS. NORRIS:
MS. NORRIS: Sergeant Corbitt, the last couple of discs we went over, these are the tower dump results from T-Mobile, Sprint, Verizon, and AT&T. Are they too very voluminous, hundreds and thousands of pages of data?
CHRISTOPHER CORBITT: They are again, yes.
MS. NORRIS: And did you review them in this case?
CHRISTOPHER CORBITT: I did, yes.
MS. NORRIS: So how exactly did you use those records? Once you get the responses from each of the phone companies, what do you do?
CHRISTOPHER CORBITT: well, the response largely for us just contains a list of phone numbers that were present in those locations or utilizing those cell sites in the timeframe that we requested. As I explained earlier, normally we would look at commonalities in each of those locations and try to filter out a suspect number. But we did not find something that immediately stood out or something that was common to all of those locations.
MS. NORRIS: So, in summary, you are looking for a phone number that appears during each of those timeframes, at each of those four -- technically, it is three locations, but four different timeframes that Dan Markel was to see if there is any number that pops up in the results --
CHRISTOPHER CORBITT: That's correct, yes.
MS. NORRIS: -- at each location? And you didn't find such a commonality amongst them?
CHRISTOPHER CORBITT: we did not, not in all the locations.
MS. NORRIS: Does that mean that the suspect phone was not at those particular locations that it didn't appear in the phone records?
CHRISTOPHER CORBITT: No, it just means --
MR. ZANGENEH: Objection, Judge, calls for speculation.
JUDGE HANKINSON: Overruled.
CHRISTOPHER CORBITT: If the handset is not creating events, if it is not placing voice calls or text messages or data sessions at those times when it is near those locations, then we are not going to see it in the records. If it is not doing events, we won't see those events in any records.
BY MS. NORRIS:
MS. NORRIS: So no event meaning call, text --
JUDGE HANKINSON: Let's not just repeat the testimony each time, Ms. Norris. Move on.
MS. NORRIS: Yes, sir.
BY MS. NORRIS:
MS. NORRIS: So you can't find one with a commonality. So then what do you do with these tower dump records?
CHRISTOPHER CORBITT: Eventually, we knew that we had obtained a number of records for those persons involved in our investigation. And so the idea was, well, let's compare all the people that our known subjects have communicated with, let's compare those with the phones that were in the tower dump; and let's see if there is anything common between any of our people and some of the phones that may have been near one or more of the locations.
MS. NORRIS: And whose phone numbers did you run against the tower dumps?
CHRISTOPHER CORBITT: Everything we had at the time. And, of course, the investigation progressed over a lengthy period of time, and we continued to gain more and more records as we went. But at the time we had at least a reasonable number of records for the Adelson family and some other people that were related to the investigation.
MS. NORRIS: Can you show the jury the type of data that you get on the discs we just discussed during evidence from a phone company when you request call detail records?
CHRISTOPHER CORBITT: Yes, aS I mentioned earlier, one of the basic pieces of information that we are able to get would be subscriber information. This is just a sample subscriber sheet, but it gives us some basic information about the account and who may be utilizing the phone or paying the bills or those kind of things. So that's, again, one of the most basic pieces we get would be the subscriber information.
MS. NORRIS: what other information do you get?
CHRISTOPHER CORBITT: I had mentioned before call detail records. These are, again, sample call detail records. And while there appears to be a lot of information in there, really there is about three sections that are most important to us. There is a section that contains the date and time and duration of an event so that we know when an event happens. And, again, when I say, event, I mean a voice call, a text message, or in some cases a data session.
MS. NORRIS: Sergeant Corbitt, can I interrupt you? If you could use that laser pointer up to your right and just as you are going through, show us like the date and time, for example, on this particular slide that you --
CHRISTOPHER CORBITT: Yes. Again, so here would be our date. This would be the time of the event. And we see for these particular records that time is provided in UTC or coordinated universal time. So we know for some of our records we have to make a time adjustment to get to our local time here. And then this would be the seizure time, the amount of time that the handset seized the network to complete the call, and then this would be the elapsed time or how long the call actually occurred. In this case it is 2 minutes and 11 seconds just as an example.
MS. NORRIS: Okay. And I'm sorry I interrupted you. If you could then show us information you get about who is calling who or who is texting who?
CHRISTOPHER CORBITT: Right. So then the other important piece for us is the phone numbers that are communicating. So we can see the originating number. This will be the person that's making the call or sending the text message. And we have the terminating number, and that will be the person that's receiving it. So that tells us, again, who is communicating with who.
MS. NORRIS: So you compared all of the records that you had. I know we just saw a sample from Harvey Adelson's. But you compared all of those records to the tower dumps, and walk me through that process.
CHRISTOPHER CORBITT: we did. we have analytical software which helps us, again, knowing that we have so many thousands of records. we are able to just ask it to show us commonalities. And what we found was there was a cell phone number, the (786)372-5986, that was present in our tower dump that was also present in Harvey Adelson's cell phone records.
MS. NORRIS: what does that mean, it was present in his records?
CHRISTOPHER CORBITT: It had -- there was an event in his records with that phone number. In this case it happened to be an incoming phone call on July 1st.
MS. NORRIS: So Harvey Adelson's phone had an incoming call on July 1st from this (786)372-5986 number; is that right?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: And that phone number ending in 5986 was one that we got from the tower dump records we first subpoenaed?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: Okay. So then what did you do?
CHRISTOPHER CORBITT: well, then we obtained more detailed records for that target number, and that was the number that we eventually determined belonged to Mr. Garcia. So we were able to obtain records from T-Mobile for that, and then do some basic analysis on that phone number.
MS. NORRIS: Can you use phone records provided by the companies to determine what phone number a particular handset communicates with most frequently?
CHRISTOPHER CORBITT: Yes, we can.
MS. NORRIS: Tell me about how that is done.
CHRISTOPHER CORBITT: Again, with the help of some software or spreadsheets, we are able to look at all the incoming, outgoing phone calls, determine the unique numbers that a handset communicates with and then also determine the frequency, how often one phone number communicates with another. That helps us with a lot of things in determining relationships or, you know, friends, coconspirators, those kind of things, that who a phone communicates with most frequently is probably someone that is significant to them.
MS. NORRIS: And that is called a frequency report?
MS. NORRIS: Did you run a frequency report on Mr. Sigfredo Garcia's phone records?
CHRISTOPHER CORBITT: we did, yes.
MS. NORRIS: And what were the results?
CHRISTOPHER CORBITT: well, what we found was the most frequently contacted number was the (786)564-1312 of Ms. Magbanua.
MS. NORRIS: what timeframe are we looking at when we ran this frequency report?
CHRISTOPHER CORBITT: well, in this particular one here you are looking at May into July. Again, as the investigation progressed and we obtained more and more records, then those frequencies are going to change because now we are adding more and more phone records into it. But at any particular time we run -- you know, again, this by a fairly large percentage was his most frequent caller.
MS. NORRIS: And you said the timeframe for this particular frequency report was May to July of what year?
CHRISTOPHER CORBITT: 2014.
MS. NORRIS: So it is just a three-month period that this is based off of?
MS. NORRIS: Did you cross reference Katherine Magbanua's phone number, this 786 number ending in 1312 with any of the other records that you had for people associated with this case?
CHRISTOPHER CORBITT: we did. we found that this phone number was also common to Charlie Adelson's phone, and in a similar frequency report for his cell phone we see that it is also one of the most frequently contacted numbers.
MS. NORRIS: And that is what you are showing us here --
MS. NORRIS: -- with the 7 percent frequency? Yes?
MS. NORRIS: Okay. Earlier you had shown us the frequency report for Sigfredo Garcia's cell phone records indicating Ms. Magbanua is on the top. what about the other numbers that were called frequently? Did you do anything with those numbers?
CHRISTOPHER CORBITT: Yes. Again, as the investigation progressed, it was decided we could look at all of the contacts that Mr. Garcia had and compare those, again, back to the tower dump results to see if anyone that he communicated with frequently also happened to be here in Tallahassee near one of those cell sites, near one of our interested times.
MS. NORRIS: And what were the results from that comparison?
CHRISTOPHER CORBITT: what we found here was that the (305)570-8153 of Mr. Rivera is in the top callers of Mr. Garcia's phone and was also present in our tower dump results from AT&T.
MS. NORRIS: The phone records you had for Sigfredo Garcia and Luis Rivera from July 18, 2014, did they contain the location information you previously indicated these phone records typically provide?
CHRISTOPHER CORBITT: Yes, they did.
MS. NORRIS: were you able to compare the location information for the events they had on their handsets with the movements of Daniel Markel on that date?
CHRISTOPHER CORBITT: yes, we were.
MS. NORRIS: And what did you find out?
CHRISTOPHER CORBITT: well, again, looking just at those narrow timeframes, we look in those cell phone records; and one of the other sections in there is location information. These records are T-Mobile, but they provide us a latitude and longitude for the cell site. And this is the location of the actual antenna or tower or structure or whatever it is that this radio equipment is mounted on. They give us that latitude and longitude. So we are able to take that information and put it on a map and determine where that cell site is actually located. we can see here for those two events that cell site is located just north of I-10 anda Jittle west of Thomasville Road there.
MS. NORRIS: Did Mr. Garcia or Mr. Rivera have a lot of events around the time of the actual murder?
CHRISTOPHER CORBITT: They did not actually, no.
MS. NORRIS: what about earlier on in the morning?
CHRISTOPHER CORBITT: Not -- in the timeframes that we are talking about here from where Mr. Markel left his residence, there were really very few events for these handsets. And really most of them center around this particular location right here, Premier Health and Fitness.
MS. NORRIS: Can you expound on the two events you have here at 9:36 and 9:58 a.m. near Premier?
CHRISTOPHER CORBITT: Yes. So, again, we are provided with that location of where the cell site is. And sometimes just knowing where the cell site itself is, is all the real information that we need. That tells us enough. If someone says that they are in Miami but they are communicating with a cell site in Tallahassee, it really doesn't matter what side of that cell site they are communicating with. I know that they are not anywhere near Miami.
But we do know that most of our cell sites are actually broken down into multiple sides or sectors. So they have antennas that are facing in certain directions away from that cell site. we also get that information from the cell carrier. So in addition to the location of the cell site, we know that oration or the direction that those antennas are facing, and that helps us narrow down the location that a handset could possibly be in for any particular event.
MS. NORRIS: On this slide you have orange indicated for the 9:36 and 9:58, that indicates Garcia's records?
CHRISTOPHER CORBITT: That is correct, yes.
MS. NORRIS: Okay. And can you show us what particular cell site location was being used with the sectors you just described?
CHRISTOPHER CORBITT: Yes, so this cell site from T-Mobile is, as most are, broken down into three sectors. And we can see that the orange arrows here are pointing in the direction that those antennas face. So we know that that cell site, again, has three sides to it or sectors. we do get information as to which one of those the handset is using.
what we know is that if you were to just drive in circles around a cell site on your cell phone, your handset is going to transition from one of those sectors to the next, to the next as you continue to drive in a circle. The dash lines here represent kind of an approximate area where that might happen. We expect one cell site or one sector to cover about halfway to the other sector, and the same thing for the last. So by estimating where that transition is we kind of get an idea of the kind of width of that cell site or where -- again, the approximate location where that handset could be.
In the records themselves we see that T-Mobile tells us the handset is using the cell site oriented at 40 degrees. And if we look at that on our particular cell site, that is emphasized by the large orange arrow. So that is the cell site and sector that the handset was communicating with for that particular event.
MS. NORRIS: Is the cell site and sector that Sigfredo Garcia's handset is using for these two events, is that consistent with the cell sites that would service people at the Premier Fitness club?
CHRISTOPHER CORBITT: Yes, it is.
MS. NORRIS: Did you do this same type of location analysis for Luis Rivera's phone records?
CHRISTOPHER CORBITT: Yes, we did.
MS. NORRIS: Did he have any events with location information?
CHRISTOPHER CORBITT: He did, and these are AT&T records. The information looks a little different, but it is the same basic information. we have the location of the cell site and the sector that is being utilized. we can look at those cell sites and then in further the actual sectors that are being communicated with for those events.
MS. NORRIS: Same thing we just did for Mr. Garcia, here in blue, the big arrows represent the direction of the sector of the cell site that is being used during the event?
CHRISTOPHER CORBITT: That's correct, yes.
MS. NORRIS: You mentioned that there were two different phone companies. Garcia had T-Mobile; is that correct?
CHRISTOPHER CORBITT: That's correct, yes.
MS. NORRIS: And Luis Rivera had AT&T records. If you're using a different phone company as your phone provider, you would be using different towers; is that right?
CHRISTOPHER CORBITT: That's correct. Each carrier has its own infrastructure or its own towers. There are cases where a handset may roam to another carrier, but for us the four carriers that we mentioned earlier, the AT&T, Verizon, Sprint, and T-Mobile all have their own equipment. So while two people may be standing in the same place, if they have two different carriers they could communicate with two very different cell sites, one in one direction and one in another. And it is based upon their particular carrier's cell sites.
MS. NORRIS: So based on the location information, are both handsets consistent with using the towers at Premier gym or Premier Fitness Center --
MS. NORRIS: -- on the morning --
CHRISTOPHER CORBITT: For a handset that was in the parking lot, these are the cell sites and sectors that I would expect that handset to communicate with.
MS. NORRIS: Can you tell us exactly where on this map a certain handset is precisely?
CHRISTOPHER CORBITT: Absolutely not. I am providing a general area, a general location that the handset could have been in. Our historical cell phone analysis is about including and excluding locations. So I am asked, is the Premier Health and Fitness, is that address an address that would be serviced by these particular cell sites and sectors? And I look at these, and I look at where the adjacent or the next closest cell sites are, and you can see they are some distance away. And I would say, yes, the Premier Health and Fitness is certainly an address that would be serviced by these particular cell sites and sectors.
MS. NORRIS: Is it fair to say that pretty much all of the events that we have right around this time of the murder are consistent with the Premier Fitness club?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: Let's say that these two handsets had been at Creative Pre-School prior to going to Premier gym but had had no events, would that be possibly a reason that they didn't show up on that tower dump when we were looking for commonalities?
MR. ZANGENEH: Objection, Judge. Calls for speculation.
JUDGE HANKINSON: Overruled.
CHRISTOPHER CORBITT: In looking at the records that we obtained for both of these, we know that there were no events in that timeframe. So if there are no events in that timeframe, we have no locations in which to say where a handset may have been or may not have been. So, yes, in answer to the question, because there were no events they did not show up in those tower dump results.
BY MS. NORRIS:
MS. NORRIS: If there are no events for a handset for a certain time period, is that consistent with that handset being powered down or turned off?
MR. ZANGENEH: Objection, calls for speculation.
JUDGE HANKINSON: Overruled.
CHRISTOPHER CORBITT: There are a number of reasons that a handset may not have events. You may simply not be using it or doing anything active with it and maybe just not receiving any phone calls or text messages. Your phone could have gone dead; the battery died on it to where it is no longer in communication. You could be so far away from a cell phone tower that you are unreachable to the network. Or, yes, one of the options is that you powered down that handset as well.
BY MS. NORRIS:
MS. NORRIS: By the time that TPD had requested these tower dump records from the phone companies and performed the analysis you just walked the jury through, had Sigfredo Garcia and Luis Rivera been developed as suspects in this case?
MS. NORRIS: And did you do much more extensive analysis of the phone records that we talked about earlier?
CHRISTOPHER CORBITT: Yes, we did.
MS. NORRIS: And we will talk about that later; is that right?
CHRISTOPHER CORBITT: Yes, we will.
MS. NORRIS: Can I have one moment, Your Honor?
JUDGE HANKINSON: You may.
(Pause. )
MS. NORRIS: Thank you, Sergeant. I have no further questions.
JUDGE HANKINSON: Cross?
MR. ZANGENEH: Thank you, Judge.
MS. NORRIS: Do you want me to move the exhibits?
MR. ZANGENEH: No, you can keep them up there. That is okay.
CROSS-EXAMINATION BY MR. ZANGENEH:
MR. ZANGENEH: Sergeant, good afternoon.
CHRISTOPHER CORBITT: Good afternoon.
MR. ZANGENEH: Okay. I say sergeant because you are a member of law enforcement, correct?
CHRISTOPHER CORBITT: That's correct.
MR. ZANGENEH: And as you indicated to the members of the jury, you have been a member of law enforcement for coming on a quarter of a century, correct?
CHRISTOPHER CORBITT: Just with TPD, yes.
MR. ZANGENEH: Just with TPD?
CHRISTOPHER CORBITT: Yes, sir.
MR. ZANGENEH: what about before then?
CHRISTOPHER CORBITT: I was a reserve deputy with the wakulla County Sheriff's office starting in --
MR. ZANGENEH: So there's more law enforcement experience behind the 25 years?
CHRISTOPHER CORBITT: That's correct.
MR. ZANGENEH: Okay. How much more?
CHRISTOPHER CORBITT: Since 1995.
MR. ZANGENEH: 1995, so my math here is --
CHRISTOPHER CORBITT: I am sorry, 1992, my apologies.
MR. ZANGENEH: It is okay. So 8 plus 19 -- 27 years?
CHRISTOPHER CORBITT: Sounds about right, yes, sir.
MR. ZANGENEH: And you indicated on direct examination you have testified in 65 cases --
CHRISTOPHER CORBITT: That's correct.
MR. ZANGENEH: -- aS an expert witness?
CHRISTOPHER CORBITT: Yes, sir.
MR. ZANGENEH: How many of those cases have you testified on behalf of the state?
CHRISTOPHER CORBITT: In all of those cases.
MR. ZANGENEH: So all 65?
CHRISTOPHER CORBITT: That's correct, yes.
MR. ZANGENEH: So that means that you have never testified as a defense expert?
CHRISTOPHER CORBITT: while I have helped defense counsel, those cases have never resulted in actual testimony.
MR. ZANGENEH: So the answer to my question is that you have never testified in trial for the defense; is that correct?
CHRISTOPHER CORBITT: That's correct.
MR. ZANGENEH: In addition to all your trial testimony being with the government, you're also married to a prosecutor; isn't that correct?
CHRISTOPHER CORBITT: I am, yes.
MR. ZANGENEH: And you're married to a prosecutor that works with the prosecutor sitting right behind me; is that correct?
CHRISTOPHER CORBITT: That's correct, yes.
MR. ZANGENEH: So you're at the helm of the demonstrative aid; is that correct, sir?
CHRISTOPHER CORBITT: yes, I am.
MR. ZANGENEH: If you could indulge me, you indicated that there was two -- well, let's go to the demonstratives. You will see the one on the far right side in the middle. It has my client's name on it; is that correct, sir?
CHRISTOPHER CORBITT: It does, yes.
MR. ZANGENEH: And you will agree with me that to the right of his name in white is a telephone number starting with area code 786, correct?
CHRISTOPHER CORBITT: Yes, sir.
MR. ZANGENEH: (786) 372-5986, correct?
CHRISTOPHER CORBITT: Yes, sir.
MR. ZANGENEH: All right. And you will also agree with me that all the investigation that you have done with regards to any phone number associated with my client is that number there?
CHRISTOPHER CORBITT: No, sir.
MR. ZANGENEH: Okay. But I only see one number up there?
CHRISTOPHER CORBITT: Yes, sir.
MR. ZANGENEH: Okay.
CHRISTOPHER CORBITT: The question is -- in the initial part of the investigation this was the cell phone number that Mr. Garcia had. As we progressed through the years of the investigation, he had other phone numbers as well, and there was work done on those phone numbers.
MR. ZANGENEH: Do you have those numbers with you?
CHRISTOPHER CORBITT: I do not have them in front of me, but I could get to them, sir.
MR. ZANGENEH: And were they expired numbers, numbers that he was no longer using?
CHRISTOPHER CORBITT: I believe so, yes -- well, there was a time where the investigation -- we were looking at in real-time, where we were getting real-time information. Obviously, the cell phone that he had at that time was active and live because we were obtaining real-time information from it. Some of the other phone numbers that he may have had in the interim were probably no longer functional numbers.
MR. ZANGENEH: what about the other phone that he was arrested with in Broward County? Did you do your due diligence on that phone?
CHRISTOPHER CORBITT: Yes, sir, we did.
MR. ZANGENEH: So just to be clear, there was a second phone that he was arrested with, correct?
CHRISTOPHER CORBITT: Yes, sir, there was.
MR. ZANGENEH: And do you have the information as to when that phone was activated?
CHRISTOPHER CORBITT: Not in front of me.
MS. NORRIS: I object to outside the scope.
JUDGE HANKINSON: I will sustain the objection.
MR. ZANGENEH: Judge, may we come sidebar?
JUDGE HANKINSON: Okay.
(Sidebar conference as follows:)
JUDGE HANKINSON: Yes?
MR. ZANGENEH: Judge, I think that the government has gone through extensive testimony to highlight one number.
JUDGE HANKINSON: Keep your voice down.
MR. ZANGENEH: I am sorry. Sure, no problem.
JUDGE HANKINSON: we don't want the jury to hear. what is the point of being over here?
MR. ZANGENEH: Right. I believe the government has gone through extensive testimony to suggest that there is only one phone number associated with Sigfredo Garcia. we believe that there is an alternative theory that is the basis of our defense, and I need to be able to explore this area with the only technical officer that -- well, not the only technical officer, but the technical officer that is attempting to use my client's cell data information to associate him with this crime. Unless you want me to reserve the right and recall him as my own witness?
JUDGE HANKINSON: You're welcome to do that, but it is outside the scope of the direct. As I took it, they kept it pretty narrow as to what timeframe we are talking about; and you advanced it a couple of years past that. So I sustain the objection as being outside the scope of direct examination. You are welcome to keep him. My understanding is he is going to come back and testify to some other things too.
MS. NORRIS: Yes, sir.
JUDGE HANKINSON: I mean, I think part of it is just a practical problem of him having available all the records. It would just be impossible for him at one point in time to have everything right at hand. So if they don't cover it, you are welcome to call him back.
MR. ZANGENEH: I will just reserve the right to recall him as a defense witness.
JUDGE HANKINSON: Certainly.
MR. ZANGENEH: Thank you.
(Sidebar conference concluded.)
MR. ZANGENEH: If I may inquire, Your Honor?
JUDGE HANKINSON: You may.
BY MR. ZANGENEH:
MR. ZANGENEH: So we will get to that other stuff later. If you can click back to the -- if you wouldn't mind, Sergeant Corbitt, you had two phone numbers on the (786)372-5986 number that were the basis of the activation of the cell towers, and I believe that is a call at 9:36 and 46 seconds?
CHRISTOPHER CORBITT: I am sorry?
MR. ZANGENEH: whenever you are ready to get there.
CHRISTOPHER CORBITT: You are speaking of these events?
MR. ZANGENEH: Yes, sir.
CHRISTOPHER CORBITT: Yes, sir.
MR. ZANGENEH: Now, the top of that, the 9:36 event --
CHRISTOPHER CORBITT: Yes, sir.
MR. ZANGENEH: -- that was a seven-second phone call; is that correct?
CHRISTOPHER CORBITT: I believe so, yes. We can pull up the full records if we need to but --
MR. ZANGENEH: well, if you need to look at something to refresh your recollection to be able to adequately and properly advise the jury, please do your due diligence. when you are ready, let me know.
CHRISTOPHER CORBITT: For the location information, the duration of the event was not relevant.
MR. ZANGENEH: Okay. well, with all due respect, that is not what I am asking you.
CHRISTOPHER CORBITT: Okay.
MR. ZANGENEH: I am asking you if it was a seven-second phone call?
CHRISTOPHER CORBITT: Okay. Then let me get to the actual records.
MR. ZANGENEH: Yes, sir.
CHRISTOPHER CORBITT: And I will tell you more about that event. Yes, sir, the 9:36 event was for seven seconds. The 9:58 shows a minute.
MR. ZANGENEH: Okay. Now, the 9:58 event -- I am sorry. Let's stick with the 9:36 event. That came from a 786 number, correct?
CHRISTOPHER CORBITT: Yes, sir, it did.
MR. ZANGENEH: And correct me if I am wrong, but law enforcement has the ability based on the phone number to try to determine who the person that extended this call is; is that correct?
CHRISTOPHER CORBITT: That's correct.
MR. ZANGENEH: And the 9:58 and 11 seconds, the second, I guess, event on the 18th, if you look at the phone records, there are a slew of calls that have the exact duration of one minute. Is that indicative of a text message, or is that a phone call?
CHRISTOPHER CORBITT: It is indicative of a text message.
MR. ZANGENEH: So at --
CHRISTOPHER CORBITT: I am sorry. Let me clarify. The duration is not indicative of a text message. we do see one minute as the listed duration, but there are other indicators in the records that tells us that that is, in fact, a text message because you could have a voice call that was one minute.
MR. ZANGENEH: Okay. Thank you for clearing that up. So on those two events, one appears -- well, we know for sure one is a seven-second phone call, right, the top one? The number that we talked about (786)317-8493, that is a seven-second phone call, correct, Sergeant?
CHRISTOPHER CORBITT: That's correct.
MR. ZANGENEH: And the second is an incoming text message?
CHRISTOPHER CORBITT: That is correct.
MR. ZANGENEH: And the incoming text message, do you have a phone number for that incoming text message?
CHRISTOPHER CORBITT: It is a short number, but, yes, the 32665040.
MR. ZANGENEH: 326 -- let's see here. 326 --
MR. ZANGENEH: 65.
MR. ZANGENEH: 040, those numbers don't add up?
CHRISTOPHER CORBITT: They don't.
MR. ZANGENEH: Okay. Is there a return text message to that number?
CHRISTOPHER CORBITT: There is not.
MR. ZANGENEH: Now, because -- well, let me ask you a quick question about Luis Rivera. You have that number right there. That's his number that you have associated with him, correct?
CHRISTOPHER CORBITT: That's correct.
MR. ZANGENEH: And have you been proactive in this investigation? If the government gets new information and they give it to you, do you do your due diligence?
CHRISTOPHER CORBITT: Yes, sir.
MR. ZANGENEH: Okay. And you're aware that Luis Rivera gave a statement on October 4th of 2016 when he began cooperating with the government?
CHRISTOPHER CORBITT: I don't recall the exact date, but I do know that he has provided statements.
MR. ZANGENEH: Okay. And he also discussed having multiple phones; you are aware of that?
CHRISTOPHER CORBITT: I am, yes.
MR. ZANGENEH: Now, you talked earlier with regards to tower range; is that correct?
CHRISTOPHER CORBITT: I did not really speak with range. I spoke with an approximate area a handset could be, yes.
MR. ZANGENEH: well, a lot of your testimony was based on the location of a tower, correct?
CHRISTOPHER CORBITT: Yes, absolutely.
MR. ZANGENEH: Did you ever go and take specific measurements, you, yourself, from that tower?
CHRISTOPHER CORBITT: No, we did not.
MR. ZANGENEH: Did you have the ability to do that?
CHRISTOPHER CORBITT: we could have secured the ability, yes.
MR. ZANGENEH: But you chose not to? I will withdraw that question.
Are you able to truly know the true range without measuring?
CHRISTOPHER CORBITT: That -- you're talking of a particular cell site?
MR. ZANGENEH: Correct.
CHRISTOPHER CORBITT: And it depends on what you mean by measuring, but I assume you are talking about a drive test or something to that effect.
MR. ZANGENEH: well, I mean, you are the expert, okay. I am not. I am simply saying that when you go out there if you have the ability to measure or take measurements of a tower to make sure that the information that you're giving to a jury is correct, would you agree that without doing that exact measurement anything that you tell this jury is a potential -- it is a guess?
CHRISTOPHER CORBITT: No, I would not say that at all. what I am speaking about and the evidence that I have is these cell sites that are being communicated with and the oration of those sectors, and we know which way they are pointing. we look at addresses. And we say, could this address have been included or not? And in all of the cases that I have, that determination is easy to make. And they are relatively close to the cell sites, and they are where we expect them to be; and there is really no need to do anything additional.
One of the problems with a drive test is coming back in time, and it would always be argued that if you didn't do it the same day and the same time and the same weather conditions and the same everything as that exact day, then =~even that is still not exact and even that has variation to it. So we have the information that we needed to make the determinations that we did. And, again, in no way am I saying exactly where a handset is. I am just giving the general area that that cell site covers.
MR. ZANGENEH: Okay. well, let's do that. Let's give the general area that that cell site covers. Based on your demonstrative aid that we are looking at up here, what other locations fall within that general area? Are there any restaurants in that general area?
CHRISTOPHER CORBITT: There are.
MR. ZANGENEH: Okay. which ones?
CHRISTOPHER CORBITT: well, there are a number of restaurants, and let me pull this up here. Not being quite the travel guide, there are a number of restaurants in the shopping center there. There are restaurants. There is --
MR. ZANGENEH: well, hold on one second.
JUDGE HANKINSON: He is trying to answer your question. Don't interrupt him, please.
MR. ZANGENEH: I apologize. tI don't mean to.
JUDGE HANKINSON: Go ahead, Sergeant.
CHRISTOPHER CORBITT: So there are a number of restaurants within that area. There is -- from Thomasville and Killarney, the Applebee's. There is a Wendy's. There is all kinds of restaurants in the shopping center across the flyover, a number of restaurants.
BY MR. ZANGENEH:
MR. ZANGENEH: Okay. well, being the fact that you indicated that you have lived here coming on a few decades, maybe more, let's talk about each specific restaurant. You said that there is an Applebee's?
CHRISTOPHER CORBITT: There is or at least was, yes.
MR. ZANGENEH: Okay. And there is a Wendy's?
CHRISTOPHER CORBITT: There is.
MR. ZANGENEH: Is there a Chick-fil-A?
CHRISTOPHER CORBITT: There is, but I do not believe that the Chick-fil-A would be in this particular cell site and sector.
MR. ZANGENEH: Is there a McDonald's?
CHRISTOPHER CORBITT: There is, yes.
MR. ZANGENEH: Right by the Residence Inn, right? Right across the street from the Residence Inn?
CHRISTOPHER CORBITT: There is a McDonald's at -- just north of or between Timberlane and -- or between Market and Maclay Commerce there is a McDonald's.
MR. ZANGENEH: what other restaurants are there?
CHRISTOPHER CORBITT: well, sir, there is -- in the shopping center I know that there is a Bonefish Grill. There at least used to be, I believe, a Firehouse Subs in there. There may be a sushi restaurant in there. And I am trying to remember back in 2014. There is a chicken restaurant on Thomasville Road.
MR. ZANGENEH: So we've discussed one, two, three, four, five, six, seven, eight potential restaurants now. There could be more, correct?
MR. ZANGENEH: Okay. And you will agree with me that out of those at least wendy's and McDonald's and Chick-fil-A serve breakfast?
CHRISTOPHER CORBITT: They do, yes.
MR. ZANGENEH: And the incident or the date of this incident occurred on July 18th, and that's not a Sunday. That's a weekday, correct?
CHRISTOPHER CORBITT: That's correct, it is.
MR. ZANGENEH: So all three of these stores are open at the time, at least those three?
CHRISTOPHER CORBITT: I have no personal knowledge that all of those restaurants were open on that date and time, but I have no reason to believe they were not.
MR. ZANGENEH: what other stores or locations are in that general area? Are there any hotels in that general area?
CHRISTOPHER CORBITT: There are.
MR. ZANGENEH: Okay. Can you tell the members of the jury which hotels are there?
CHRISTOPHER CORBITT: Again, there -- and not sure in 2014. There was a Motel 6 right here at Timberlane Road and Thomasville. There is --
MR. ZANGENEH: I am sorry, Sergeant. You are talking kind of --
CHRISTOPHER CORBITT: I am sorry.
MR. ZANGENEH: So you said a Motel 6?
CHRISTOPHER CORBITT: There was at one time. I am not sure when that ceased operation, but it was there.
MR. ZANGENEH: Okay. And that was on what road, sir?
CHRISTOPHER CORBITT: That was Thomasville and Timberlane.
MR. ZANGENEH: Thomasville and Timberlane, okay. what else, sir?
CHRISTOPHER CORBITT: I am not aware of other hotels right there. There +are some on the southern side of that, which I don't know. There is, I believe, a Residence Inn, maybe a Hampton Inn, something here that is off of Raymond Diehl.
MR. ZANGENEH: Right.
CHRISTOPHER CORBITT: I would be happy to bring up Google, and we could get more specific if we need to.
MR. ZANGENEH: well, I will tell you what. I know that the government indicated they are going to call you multiple times, and I will be more prepared. So we can go over that Google map the second time.
CHRISTOPHER CORBITT: Okay.
MR. ZANGENEH: All right. So let me ask you some questions with regards to factors that could potentially impact the range of the cell towers. Are there certain factors that could impact the range of cell towers?
CHRISTOPHER CORBITT: There are, yes.
MR. ZANGENEH: Okay. Could you explain to me what a down tilt ora down angle of the antenna is?
CHRISTOPHER CORBITT: we are talking about the -- we talked about each cell site has a set of antennas on it, right, that direct energy out. So the angle that those things are pointed is one thing that we are aware of, and then the down tilt would be if they are pointed down or up because we don't want to direct that signal off into the air, right? So each cell site has an angle that those antennas are mounted at to help control that distribution of that energy.
MR. ZANGENEH: And you will agree with me that whether or not there is a down tilt could potentially affect the range of the tower, correct?
CHRISTOPHER CORBITT: It could, yes.
MR. ZANGENEH: Did we know if there was a tilt with regard to the specific tower at the time of the incident?
CHRISTOPHER CORBITT: All the antennas have an angle in which they are mounted. whether it is up, down, they all have an angle in which they are mounted.
MR. ZANGENEH: Do you know the down angle of the antenna serving Premier?
CHRISTOPHER CORBITT: I do not.
MR. ZANGENEH: Can you tell whether a call is made inside or outside the serving area?
CHRISTOPHER CORBITT: I am sorry?
MR. ZANGENEH: Can you tell whether or not a call is made inside the -- I assume based on the tower -- the cell tower, the antenna angles that you have, can you make a determination as to whether or not a cell -- a call is coming from within or outside of that area?
CHRISTOPHER CORBITT: I am not quite sure I understand the question.
MR. ZANGENEH: Let me ask it --
CHRISTOPHER CORBITT: where the call is coming from could be anywhere. If you are speaking about the location of the handset, then, again, no, I would not believe that it is outside of that area. Because if it were outside of that area, it would communicate with a different cell site.
MR. ZANGENEH: Do you know if T-Mobile had done any maintenance to that cell tower or those cell sites?
CHRISTOPHER CORBITT: I do not.
MR. ZANGENEH: Is that something that you would be able to determine if you made the appropriate calls?
CHRISTOPHER CORBITT: Sometimes we can, and sometimes we cannot.
MR. ZANGENEH: Are you familiar with any studies validating the use of cell tower analysis?
MR. ZANGENEH: which ones?
CHRISTOPHER CORBITT: Specifically the Scientific working Group.
MR. ZANGENEH: Anything else?
CHRISTOPHER CORBITT: I can provide some additional studies and things. Again, I don't have those with me, but I do have some documents, yes.
MR. ZANGENEH: So the only one -- you have been qualified as an expert in 65 cases, sir?
CHRISTOPHER CORBITT: Yes, sir.
MR. ZANGENEH: Okay. All 65 for the government, correct?
CHRISTOPHER CORBITT: Yes, sir.
MR. ZANGENEH: Okay. And in preparation to testify as an expert with regards to the specific issue that we are talking about, which is cell tower analysis, you are indicating that you are only familiar with one publication?
CHRISTOPHER CORBITT: off the top of my head publication-wise, yes.
MR. ZANGENEH: Okay. The two events that you have associated with Sigfredo Garcia, let's talk specifically about the seven-second phone call because you will agree with me that an incoming text message doesn't suggest that there is activity, correct? It simply means someone sent you a text, right?
CHRISTOPHER CORBITT: That's correct.
MR. ZANGENEH: Okay. You can't tell who picked up Garcia's phone at 9:36 on July 18th, 2014, correct?
CHRISTOPHER CORBITT: That's correct.
MR. ZANGENEH: And you can't determine whether or not Mr. Rivera was in possession of Mr. Garcia's phone, correct?
CHRISTOPHER CORBITT: That's correct.
MR. ZANGENEH: You will agree with me that some -- a manner in ~which to confirm who answered the phone would be to provide the information of the caller that made the call, correct?
CHRISTOPHER CORBITT: Yes, sir.
MR. ZANGENEH: And I just want to confirm this, that the cell phone records can't put a particular device at a particular location; right?
CHRISTOPHER CORBITT: That is correct.
MR. ZANGENEH: So while we could -- you could put up a map, a little chart like you have up here, a demonstrative, and you could put a marking showing what you believe to be the ranges, it's simply a guess, correct?
CHRISTOPHER CORBITT: I wouldn't call it a guess but --
MR. ZANGENEH: Let me rephrase it then, sir. You can't tell me specifically where Mr. Garcia was the morning of July 18th, can you?
CHRISTOPHER CORBITT: That's correct, I cannot.
MR. ZANGENEH: No further questions.
JUDGE HANKINSON: Magbanua?
MR. DECOSTE: Yes, Your Honor. As always, mine will be real brief.
CROSS- EXAMINATION BY MR. DECOSTE:
MR. DECOSTE: Sergeant, just to confirm, you work with the Tallahassee Police Department, right?
CHRISTOPHER CORBITT: I do, yes.
MR. DECOSTE: You are in the same building as all the investigators and other sergeants that will be testifying in ~=this trial on this case?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Now, through that and your work in the technical operations unit, you know the working theory of this case, of this prosecution?
CHRISTOPHER CORBITT: I do, yes.
MR. DECOSTE: All right. So if you could bring up the frequency slide, whichever one you want to go with first. And, please, explain to the jury what this is again?
CHRISTOPHER CORBITT: Again, with the use of our analytical software, we are able to produce a report that just tells us which phone numbers are communicated with by a particular phone most frequently. It doesn't take into account directionality. They could be all incoming or outgoing or a combination thereof, and they could be both text messages and voice calls or any combination thereof.
MR. DECOSTE: who were these communications between?
CHRISTOPHER CORBITT: The --
MR. DECOSTE: what people from your boards?
CHRISTOPHER CORBITT: The top one is Mr. Garcia's phone number. These are the records for him. And the phone number that is highlighted here is Ms. Magbanua's.
MR. DECOSTE: All right. So he communicated with Ms. Magbanua, and you have 1,635 times?
CHRISTOPHER CORBITT: Her phone number appears in his records with that frequency that many times. Now, when you say communicated, that doesn't necessarily mean they actually spoke 1,649 (sic) times. we look at not necessarily the specific number of the records but the relative frequency, whether they communicated or tried to communicate. The percentage or the volume of records is what we look at.
MR. DECOSTE: Can we agree they talked a lot?
CHRISTOPHER CORBITT: Yes, we can.
MR. DECOSTE: All right. You don't have the content of these communications, of these ones?
CHRISTOPHER CORBITT: Of these I do not, no.
MR. DECOSTE: All right. So at best you can say that Katherine Magbanua, my client, communicated with the father of her two children a lot?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Let's go to the next one, please. Now, what we have here is the communications in between Charles Adelson and Katherine Magbanua, right?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: The same thing applies that this isn't just all phone calls. It is all potential communications or however you phrased it?
CHRISTOPHER CORBITT: That's correct, yes.
MR. DECOSTE: we can agree that they talked a lot?
CHRISTOPHER CORBITT: we can.
MR. DECOSTE: You don't have the contents of those communications? Those specific communications -- let me rephrase that question.
You don't have recordings of phone calls in between these two for that frequency, do you?
CHRISTOPHER CORBITT: No, I do not.
MR. DECOSTE: All right. So -- and, again, you know the working theory. At best you can say that Katherine Magbanua was talking to the guy a lot that she was dating at the time?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Now, please don't take this as an attack, but technical operations and what you do, it's somewhat limited, right?
CHRISTOPHER CORBITT: I am not sure in what way?
MR. DECOSTE: Human to human connections, it is limited because there is other ways that humans can communicate, right?
CHRISTOPHER CORBITT: Yes, there are other ways that humans can communicate.
MR. DECOSTE: Now, let's just stick with electronics. There are certain apps that can be used like whatsApp that you wouldn't necessarily have access to?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Unless you have the physical phone?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: All right. That's one way, and that is an electronic thing that people can communicate that way?
CHRISTOPHER CORBITT: It is, yes.
MR. DECOSTE: Now people can also have face-to-face interactions. There used to be a day when people did that?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: Now your -- do I call it a science? what would you call it?
CHRISTOPHER CORBITT: I believe it is a science, yes.
MR. DECOSTE: All right. So your science is limited because it doesn't encompass all of those other potential connections?
CHRISTOPHER CORBITT: I don't want to say it doesn't encompass. we are aware of when whatsApp is in use. And we, of course, advise the investigators and attempt any way to be able to get that content and get hands on a particular handset so that we can get that communication. So we are very much aware that those other methods of communication such as iMessage or anything else can be used. And so we try to let the investigators know, hey, this is something that you need to be aware of and work towards. So it is more a limitation of what the provider, the phone company, and the app producers are able to provide for us than it is a limitation of ours.
MR. DECOSTE: But you agreed with me it is limited with respect to all of the different ways that humans can communicate?
CHRISTOPHER CORBITT: It is limited, yes.
MR. DECOSTE: For instance, you wouldn't know the potential connections in between Sigfredo Garcia and Charles Adelson, right?
CHRISTOPHER CORBITT: I only know what I have or don't have in the records that I have.
MR. DECOSTE: So outside of anything electronic, you just wouldn't know?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: For instance, if Luis Rivera has a connection to Charles Adelson, you wouldn't know that either, would you?
CHRISTOPHER CORBITT: If it is not in the records that I have.
MR. DECOSTE: Sigfredo Garcia to Harvey Adelson, you wouldn't know that?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: And these are all possible connections that don't include Katherine Magbanua?
CHRISTOPHER CORBITT: That's correct.
MR. DECOSTE: One second, Your Honor.
(Pause. )
MR. DECOSTE: Real brief topic, Your Honor.
BY MR. DECOSTE:
MR. DECOSTE: Sergeant, just to clarify something that the State Attorney's Office asked you, and it has to do with the communications in between wendi Adelson and Dan Markel. It was at the beginning of your direct examination. You talked about a phone call that was placed by wendi Adelson to Dan Markel.
MR. DECOSTE: Isn't it true that she was returning a phone call that he had placed to her earlier that morning?
CHRISTOPHER CORBITT: Yes, he had called her earlier that morning.
MR. DECOSTE: Just wanted to clear it up. Thank you.
JUDGE HANKINSON: Redirect?
MS. NORRIS: Yes, Your Honor.
REDIRECT EXAMINATION BY MS. NORRIS:
MS. NORRIS: Without going into great detail, Mr. DeCoste asked you some questions about what your information is limited to. Do you also have access to all the other data that the Tallahassee Police Department was gathering against Sigfredo Garcia and Katherine Magbanua in this case in analyzing the phone records?
CHRISTOPHER CORBITT: I have access to a lot of it, and I am not sure exactly what you are asking about; but my part of the investigation deals primarily with the electronics and the forensics that were conducted. Investigators were doing interviews and talking to people and gathering other types of evidence and all kinds of things. And I am certainly not aware of every single thing that they had or collected or knew in the case. I Know about what we communicated about.
MS. NORRIS: But you did communicate about relevant things outside of just the vacuum of these phone records?
CHRISTOPHER CORBITT: That's correct, yes.
MS. NORRIS: And Mr. Zangeneh asked you some questions about the map with the towers. If you could go back to that for me, showing Premier. How many cell sites or towers are there in Tallahassee?
CHRISTOPHER CORBITT: There are a number of cell sites, hundreds, between all the carriers.
MS. NORRIS: And were you able to narrow down the number of towers around the Premier gym area?
CHRISTOPHER CORBITT: Yes, we were.
MS. NORRIS: Okay. And approximately -- are you showing me all those towers?
CHRISTOPHER CORBITT: Yes, these would be the towers from 2014 for T-Mobile, just the one carrier. So in determining that general area -- approximate area a handset could be in, we certainly are aware of where those other cell sites are because we know that generally that effective range is going to be affected by where the other towers are. So we are aware of those, yes.
MS. NORRIS: And could you zoom in just a little bit on the flag of Premier Gym and Fitness?
CHRISTOPHER CORBITT: Uh-huh.
MS. NORRIS: And how many towers nearby that area can you see there for T-Mobile?
CHRISTOPHER CORBITT: Right here there is only one additional one, and that would be -- and I am sorry. I will use the laser. That would be the cell site here.
MS. NORRIS: So would you expect if someone has a handset at Premier Health and Fitness that they would be communicating with one of those two T-Mobile towers?
CHRISTOPHER CORBITT: Yes, I do.
MS. NORRIS: Out of all the hundreds, Mr. Garcia's was communicating with that one right by Premier?
CHRISTOPHER CORBITT: That's correct.
MS. NORRIS: Thank you, Sergeant. JI have no further questions.
JUDGE HANKINSON: All right. Any juror have a question? Go sidebar.
(Sidebar conference as follows:)
JUDGE HANKINSON: Apparently, on one of the things he showed, it shows Mr. Rivera's phone having the word “new” above it. I didn't note that but --
MR. ZANGENEH: It is on the demonstrative, Judge.
JUDGE HANKINSON: Oh, on the demonstrative.
MR. ZANGENEH: It's been up the whole time.
JUDGE HANKINSON: The question is, what he meant by that. Is there objection?
MS. NORRIS: I can't hear.
MR. ZANGENEH: Is there an objection? TI wanted to make that objection at the beginning. The Court declined to hear my objection, but that was -- just for the record, that was what I was going to be objecting to. The fact that the word "new" was on top of Mr. Rivera's phone.
JUDGE HANKINSON: well, you can object to it and clarify now.
MS. NORRIS: I object to outside the scope because I think it will open the door to information that he has not discussed yet, and I think it would be more appropriate for the second time I call him to the witness stand.
JUDGE HANKINSON: well, what is the defense position?
MR. ZANGENEH: TI don't know what his testimony is going to be. Can you proffer?
MR. DECOSTE: I can --
MR. ZANGENEH: I want to hear it from her.
MS. NORRIS: I anticipate -- actually, I don't know what his answer would be, but I think he would say that during the course of the investigation there was a number that Katherine Magbanua called two times, June 5th of 2014 and July 17th of 2014, both the days prior -- both called that number during the trip.
I also anticipate that Luis Rivera will identify an older number that he had that is not on the board. I removed the old number from this direct testimony because there would be no testimony as to there being an additional phone number.
MR. ZANGENEH: My concern here is --
JUDGE HANKINSON: Do you object or not object? That is what I need to hear.
MR. ZANGENEH: With regards to whether or not we are going to answer that question?
JUDGE HANKINSON: Right.
MR. ZANGENEH: Yes, I object.
JUDGE HANKINSON: All right. So y'all are in agreement?
MR. DECOSTE: I would object. I think that the --
JUDGE HANKINSON: All right. Everybody agrees. we don't need to have further discussion about it. All right.
Second question, can other items on a phone cause it to come in contact with a tower besides phone calls or text message?
MS. NORRIS: No objection.
MR. ZANGENEH: I think that is kind of a loaded question. I think that there is a lot of things -- whether or not someone is on the internet. I mean, it just --
JUDGE HANKINSON: well, that is what the juror wants to know, does that cause something as he has described? Do you object or not?
MR. ZANGENEH: TI don't object.
MR. DECOSTE: No, objection. Your Honor, may I give a suggestion on the first one, not to re-litigate things. I think that saying no to the jury would be confusing and misleading. I think that the relevant testimony should be that that was the phone number that he had at a certain time just --
JUDGE HANKINSON: Well, everybody has agreed. I am not going to ask the question. So there is not going to be anything said about it. All right.
(Sidebar conference concluded.)
JUDGE HANKINSON: There is one follow-up question from the jury, Sergeant. Can other items that a phone is being used for cause it to come in contact with a tower besides phone calls or text messages? And I think the juror said, for instance, if they are using the internet is it going to show up with this type of entry?
CHRISTOPHER CORBITT: Yes, sir. The -- yes, in some cases, I am sorry, is the answer here. The -- I talked about one of the possible events being a data session in addition to the voice or text message. while, yes, the phone making or having an established data session which would be necessary for Facebook or surfing the web or any of those kind of things.
Unfortunately, we don't get that information from all the carriers. we do see data activity with AT&T; but we do not see it, for instance, with T-Mobile. So while, yes, those do cause contact with a tower, we are not always able to see that information.
JUDGE HANKINSON: Ms. Norris, any follow-up?
MS. NORRIS: No, Your Honor.
JUDGE HANKINSON: Garcia?
MR. ZANGENEH: I will reserve for when he retakes the stand.
JUDGE HANKINSON: Okay. Magbanua, any follow-up on this?
MR. DECOSTE: NO, Your Honor.
JUDGE HANKINSON: All right. You can step down. Remain under the rule. You will be subject to recall. why don't we take 15 minutes. Either side need anything?
MS. CAPPLEMAN: No, Your Honor.
JUDGE HANKINSON: All right. we will be in recess for 15 minutes.