Rivera Hearsay and Disclosure Motions; Luis Rivera — Direct/Cross
1,902 linesJUDGE HANKINSON: Be seated please.
JUDGE HANKINSON: You have an issue. Ms. Cappleman?
MS. CAPPLEMAN: I just wanted to bring to the Court's attention that the next witness is going to be Mr. Rivera.
MS. CAPPLEMAN: I anticipate that he will be a lengthy witness, particularly anticipating a lengthy cross. But that being said, this is the last witness that I have brought for the day, and I don't want to be in a posture where I run out, so I was looking for a little guidance from the Court. Would it be okay if we end with him today, even if it's a little earlier? Would your preference be that I get some more folks up here?
JUDGE HANKINSON: I don't have any doubt that he's going to at least take up the rest of the day.
MS. CAPPLEMAN: Okay. I think so too.
JUDGE HANKINSON: They don't need any other witnesses.
MS. CAPPLEMAN: I didn't want to get in trouble.
JUDGE HANKINSON: Is that all?
MS. CAPPLEMAN: That's it.
MS. KAWASS: Your Honor, before Mr. Rivera testifies, if I could make just some legal objections that I don't want to have to do in the presence of the jury.
JUDGE HANKINSON: You may.
MS. KAWASS: The first objection that I'm going to have at this time is that it's our position that the State, even taking the evidence in the light most favorable to them, has failed to establish evidence of conspiracy that involves Ms. Magbanua. So that at this point we would say that any co-conspirator hearsay statements should not be admissible, because the Court is — I'm sure the Court is aware that the contents of the statements cannot be used in determining if there is a conspiracy.
MS. KAWASS: And at this point, it would be our position that they have failed to do so.
MS. KAWASS: That's our first objection, Your Honor. Do you want to move before I move on to the second?
JUDGE HANKINSON: Yes.
MS. KAWASS: Okay. Do you want me to wait for you to move before I move on to the second topic?
JUDGE HANKINSON: Certainly.
MS. KAWASS: The second topic, Judge, is I'm just asking — I'll do an ore tenus motion to compel in terms of if the State is aware of any change in testimony by Mr. Rivera in terms of what he's going to testify to today. If they are aware of any statements that have changed, they are under an obligation under the rules of discovery to let us know before he takes the stand. So I would just ask, if they are aware of any, they just need to know before he goes to bed. And that's the second thing.
JUDGE HANKINSON: Ms. Cappleman, the second issue.
MS. CAPPLEMAN: The second issue — I'm aware of my continuing discovery obligation, and my obligation is under Brady, and I'm not aware of any new items to disclose at this time.
JUDGE HANKINSON: Okay. And let me say to counsel: when we break, I always ask if there are any issues from you. What I want you to do is bring up issues then, so we don't have the jury sitting back there waiting on us. The idea is we'll use our time to resolve issues while the jury's taking a break. So let's try to abide by that. If you have an issue, you know who's next — let's take it up at the end of the testimony, before we take a break, while the jury's having their break. Let's have Mr. Rivera.
JUDGE HANKINSON: Have a seat, sir. Let's have a jury, please.
BAILIFF: All rise for the jury.
JUDGE HANKINSON: All right, everybody but the witness have a seat, please. Would you face the clerk, raise your right hand, and be sworn, please, sir.
MS. CAPPLEMAN: Sir, please say your name and spell your name.
LUIS RIVERA: Luis Rivera. L-U-I-S R-I-V-E-R-A
MS. CAPPLEMAN: How old are you, Mr. Rivera?
LUIS RIVERA: 36.
MS. CAPPLEMAN: Are you currently incarcerated?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And where are you currently incarcerated?
LUIS RIVERA: With the feds.
MS. CAPPLEMAN: Okay. And are you serving a sentence currently for both this case and an unrelated federal case?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And what did you plead to in this case that we're here about today?
LUIS RIVERA: 19 years.
MS. CAPPLEMAN: All right, but what charge did you plead to?
LUIS RIVERA: Second-degree murder.
MS. CAPPLEMAN: All right. 19 years in prison?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And you're serving that concurrent with your federal sentence?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: How long is the federal sentence?
LUIS RIVERA: Twelve and a half.
MS. CAPPLEMAN: All right. And what did you have to do in exchange for your 19-year sentence in this case?
LUIS RIVERA: Cooperate.
MS. CAPPLEMAN: All right.
LUIS RIVERA: I don't know.
JUDGE HANKINSON: Mr. Rivera, if you could pull up just a little bit closer.
LUIS RIVERA: Yes, sir.
MS. CAPPLEMAN: All right, Mr. Rivera, you said that you had to cooperate in exchange for the testimony.
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And what does cooperate mean to you?
LUIS RIVERA: Say nothing but the truth.
MS. CAPPLEMAN: Has anybody told you what to say?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Anybody tried to tell you what the truth is?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Anybody try to tell you any particular fact you need to include in your testimony in order to get —
LUIS RIVERA: Not at all.
MS. CAPPLEMAN: Okay. In order to get anything?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Any benefit?
MS. CAPPLEMAN: Did I ever have any private meetings with you before you decided to cooperate with law enforcement?
LUIS RIVERA: Not at all.
MS. CAPPLEMAN: Did you have an attorney to represent you through the process where you cooperated and entered a plea in this case?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Did your lawyers ever tell you what you needed to say to get a deal?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Were you ever told that you had to implicate a specific person in order to get cooperation in this case?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Has anyone promised you anything other than what we just discussed, the 19 years concurrent with the federal sentence?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Have you been promised anything on your federal case in exchange for your testimony here today?
MS. CAPPLEMAN: Were you already serving a sentence on the federal case when law enforcement first came to talk to you about this case?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And you also have pending violations of probation out of Miami, is that correct?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: For possession of a firearm by a convicted felon?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: So you have not yet been sentenced on that?
LUIS RIVERA: Not at all.
MS. CAPPLEMAN: And is that up to a potential 15 additional years in prison?
LUIS RIVERA: I believe so.
MS. CAPPLEMAN: And also a possession of cocaine with intent to sell — do you have that open as well?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And is that another additional 15 years of prison that you could potentially face once you're done with all of this?
LUIS RIVERA: Probably.
MS. CAPPLEMAN: All right. And have you been promised anything in reference to those other charges out of Miami?
LUIS RIVERA: Not at all.
MS. CAPPLEMAN: Where were you living back in 2014?
LUIS RIVERA: I was in Miami. I was living with Jessica.
MS. CAPPLEMAN: All right. And was Jessica at 135th Street?
MS. CAPPLEMAN: 135th Street in North Miami?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: That sound right?
MS. CAPPLEMAN: Do you know Sigfredo Garcia?
LUIS RIVERA: Garcia?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: How do you know Sigfredo Garcia?
LUIS RIVERA: We grew up together.
MS. CAPPLEMAN: And when you say that, was it like since you were what age?
LUIS RIVERA: Like five, six, around there.
MS. CAPPLEMAN: Okay. Were your families close to each other?
LUIS RIVERA: They know each other.
MS. CAPPLEMAN: Did you grow up in the same neighborhood?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Go to the same schools?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Run with the same crowd?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Does Mr. Garcia have any nicknames?
LUIS RIVERA: Just Tuto.
MS. CAPPLEMAN: Tuto?
MS. CAPPLEMAN: What — have you ever heard the term "Tuto Dade"?
LUIS RIVERA: Tuto Dade?
MS. CAPPLEMAN: Yeah. Think about — let me ask you, like, back around the time that this crime occurred, 2014, how often did you hang out with Mr. Garcia during that time frame?
LUIS RIVERA: We hang out pretty close every day.
MS. CAPPLEMAN: All right. And you mentioned a Jessica — who's that?
LUIS RIVERA: That's my ex, baby mama.
MS. CAPPLEMAN: She's the mother of your children?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And that's who you were living with around the time of this homicide?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: What about Katherine Magbanua — do you know her?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: How do you know her?
LUIS RIVERA: Of course, she was his wife.
MS. CAPPLEMAN: All right. And is he legally married to her?
LUIS RIVERA: That I knew, yeah.
MS. CAPPLEMAN: You thought he was?
LUIS RIVERA: Yeah, I thought he was.
MS. CAPPLEMAN: Okay. And do they have children together?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And does she go by any nicknames?
LUIS RIVERA: Just Katie.
MS. CAPPLEMAN: Katie?
LUIS RIVERA: Yeah, we just call her Katie.
MS. CAPPLEMAN: All right. And was Katherine Magbanua somebody around — and I'm referring to the time leading up to this homicide, say six months leading up to the homicide?
MS. CAPPLEMAN: Is that somebody that you would talk to on the phone?
LUIS RIVERA: Katherine Magbanua? Like, speak to her? Yes.
MS. CAPPLEMAN: Would you see her socially?
LUIS RIVERA: I see her. I got to see Garcia.
MS. CAPPLEMAN: So when you saw her, would she always be with Garcia?
MS. CAPPLEMAN: Did you have a relationship with Garcia, or did you have a separate relationship with her?
LUIS RIVERA: No. She would be with Garcia. I would never have known.
MS. CAPPLEMAN: Okay. I guess I'm just trying to establish — did you have a friendship with her independent of knowing Garcia, or was she just Garcia's woman to you?
LUIS RIVERA: That was Garcia's woman.
MS. CAPPLEMAN: Okay. How much time would you say you spent around the two of them socially, like as a couple?
LUIS RIVERA: I mean, I was around Garcia, but, you know, everybody do their own thing.
MS. CAPPLEMAN: Okay. Would you say you saw them socially more than ten times in your life?
LUIS RIVERA: Yeah, of course.
MS. CAPPLEMAN: Was the nature of Magbanua and Garcia's relationship such that they were always together, steady, or did they tend to break up and get back together?
LUIS RIVERA: On and off.
MS. CAPPLEMAN: Do you know what the status was of their relationship at the time that Dan Markel was killed?
LUIS RIVERA: I don't think I knew that she was dating the dentist, that's about it.
MS. CAPPLEMAN: You did not know she was dating the dentist?
LUIS RIVERA: No, she was dating.
MS. CAPPLEMAN: You did? Okay, so they were kind of off at that time?
LUIS RIVERA: Yeah, they were off.
MS. CAPPLEMAN: All right. I'm going to show you some photographs, which I've marked as State's 45 and 46.
MS. CAPPLEMAN: How — Do you recognize State's 45 and 46?
LUIS RIVERA: I think we were going out to the club that day.
MS. CAPPLEMAN: Are these photographs?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Who were they photographs of? Let's start with 45, this one.
LUIS RIVERA: Me, Jessica, Tuto, and Katie.
MS. CAPPLEMAN: All right. And are these fair and accurate photographs of the four of you?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: Is this a photograph taken when the four of y'all were hanging out socially?
LUIS RIVERA: Yep.
MS. CAPPLEMAN: Judge, at this time, I'd ask to introduce in evidence State's Exhibit 45.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: Not from the defense. Not from Garcia.
JUDGE HANKINSON: All right, it'll be admitted.
MS. KAWASS: Only objection, Judge, is there's no time frame that's been established for that photograph.
JUDGE HANKINSON: Do you have an idea of when these were taken, Mr. Rivera? Do you have any idea of when these photos were taken?
LUIS RIVERA: I can't remember.
MS. CAPPLEMAN: Sometime prior to the homicide that we're here about?
LUIS RIVERA: I don't think so.
MS. CAPPLEMAN: You think it could have been after?
LUIS RIVERA: Probably after.
MS. CAPPLEMAN: Okay.
JUDGE HANKINSON: Objection?
MS. KAWASS: I'll just rest my objection on that one. He says he probably — he doesn't know when that picture was taken.
JUDGE HANKINSON: I'll overrule the objection and admit State's Exhibit 45.
MS. CAPPLEMAN: And State's 46 — what is that a photo of?
LUIS RIVERA: Me and Garcia.
MS. CAPPLEMAN: All right. And do you know when that photo was taken?
LUIS RIVERA: No, not really.
MS. CAPPLEMAN: Okay. Is that the two of y'all hanging out together socially?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And are the two of you — I guess, if you know, what is your height and Mr. Garcia's?
LUIS RIVERA: I'm five-four. He's like six-one.
MS. CAPPLEMAN: You're five-four and he's six-one?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Is that demonstrated in that photo?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: Is that a fair and accurate depiction of the difference in your height?
LUIS RIVERA: Of course. I'm leaning down a little bit, but he's tall.
MS. CAPPLEMAN: All right. Judge, at this time, I'd ask to introduce in evidence State's 46.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: Yes, Judge. He indicated he wasn't sure when that photograph was taken.
MR. ZANGENEH: He also indicated —
JUDGE HANKINSON: You have a legal objection?
JUDGE HANKINSON: State your legal objection, please. All right. I'll overrule the objection. Admit State's Exhibit 46.
MS. CAPPLEMAN: Was there a time when Mr. Garcia approached you about coming to Tallahassee?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And when was that?
LUIS RIVERA: 2014.
MS. CAPPLEMAN: Okay. Do you know how long before the homicide it was that Mr. Garcia first approached you about coming to Tallahassee?
LUIS RIVERA: A few months.
MS. CAPPLEMAN: And what did Mr. Garcia say when he approached you about coming to Tallahassee?
LUIS RIVERA: He just said, "Oh, I got a job I gotta go do."
MS. CAPPLEMAN: He said he had a job?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And the job was in Tallahassee?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And did he ask you to come with him?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Did you ask any questions about what the nature of the job was, why you needed to go all the way to Tallahassee, or anything like that?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Why not?
LUIS RIVERA: Just that he's my best friend and I trust him.
MS. CAPPLEMAN: So you were automatically in to do whatever it was he wanted you to do?
LUIS RIVERA: Whatever he wanted to do, over the road.
MS. CAPPLEMAN: All right. Was money discussed as far as how you'd be compensated for this job?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: Tell us about that.
LUIS RIVERA: He was going to give me some money. He said, take a ride with me to Tallahassee and I'll give you some money.
MS. CAPPLEMAN: Did he say how much?
LUIS RIVERA: At that moment, yeah, he did. Thirty-five.
MS. CAPPLEMAN: All right, 35 what?
LUIS RIVERA: Thirty-five thousand.
MS. CAPPLEMAN: You were gonna get $35,000 for this job?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And did you have another conversation in the car on the way to Tallahassee?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: How many trips did you make to Tallahassee?
LUIS RIVERA: Like twice.
MS. CAPPLEMAN: Twice. All right. And were both trips with Mr. Garcia?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Was anybody else in the car on either of those trips? All right. Tell us about the conversation on the way to Tallahassee. Was this the first trip or the second trip?
LUIS RIVERA: This, um, the first trip.
MS. CAPPLEMAN: All right. Tell us about that.
LUIS RIVERA: We were just taking a ride up there. I thought that we were going to go rob him.
MS. CAPPLEMAN: Say that again.
LUIS RIVERA: I thought that we were going to go rob him.
MS. CAPPLEMAN: You thought you were coming to Tallahassee to do a robbery?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Did you assume that or did somebody tell you that?
LUIS RIVERA: No, I assumed that, like, you know, it was just a job.
MS. CAPPLEMAN: All right. So you knew it was a job in Tallahassee and you assumed it was a robbery. Did you learn something additional about what it was on the way to Tallahassee?
LUIS RIVERA: Yeah, on the way coming up, like halfway there, he said we're going to have to kill the man.
MS. CAPPLEMAN: So you were going to have to kill the man?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: And what was the second part of what you said?
LUIS RIVERA: For some kids.
MS. CAPPLEMAN: For some kids. All right, anything else? What did that mean to you, kill the man for some kids?
LUIS RIVERA: That's for a lady, I guess. The lady wanted her kids back.
MS. CAPPLEMAN: All right. So is this Garcia telling you this?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: Did he have any information about who it was you were coming to Tallahassee to kill?
LUIS RIVERA: If he had information for who we coming to kill? Yeah.
MS. CAPPLEMAN: Yeah? What information did he have?
LUIS RIVERA: Had a piece of paper.
MS. CAPPLEMAN: And where was the piece of paper?
LUIS RIVERA: He had it in his hand at that moment.
MS. CAPPLEMAN: Okay. Did you see the piece of paper? Did you see what was on it?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: What was on it?
LUIS RIVERA: A picture of the guy, um, what's the name?
MS. CAPPLEMAN: Dan Markel.
LUIS RIVERA: Dan Markel.
MS. CAPPLEMAN: The guy that y'all ended up killing?
MR. ZANGENEH: Objection as to leading, Judge.
JUDGE HANKINSON: Overruled.
MS. CAPPLEMAN: Is that the person whose picture was on the paper?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And was there anything else on the paper other than a picture of Mr. Markel?
LUIS RIVERA: I think it was the address and the tool.
MS. CAPPLEMAN: Okay. And who was doing the driving on this first trip?
LUIS RIVERA: He was.
MS. CAPPLEMAN: Okay. And during the time that he showed you this paper, was he behind the wheel of the car?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And do you know where the paper was stored inside the car?
LUIS RIVERA: It was in the side of, um, where you drive, right by the door.
MS. CAPPLEMAN: Okay. Who was responsible for getting the car to go on the first trip?
LUIS RIVERA: He did.
MS. CAPPLEMAN: Mr. Garcia?
LUIS RIVERA: Yeah, he brought the car.
MS. CAPPLEMAN: All right. So you didn't — or did you accompany him to rent the car for the first trip?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Do you know what your phone number was — what the number was at the time of this homicide?
LUIS RIVERA: It was like 76, it was like 290.
MS. CAPPLEMAN: No, your phone number.
LUIS RIVERA: My phone number?
MS. CAPPLEMAN: Yeah.
LUIS RIVERA: And I had two phones.
MS. CAPPLEMAN: If I say the phone number, would you be able to say that was correct or not?
LUIS RIVERA: Let me hear it, please.
MS. CAPPLEMAN: 305-570-8153.
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: That was one of your phone numbers?
LUIS RIVERA: ...phone number, and then I also have a 305-934-6615.
MS. CAPPLEMAN: Was that a phone number that belonged to you?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: And Was there one number in particular of those two that you took to Tallahassee?
LUIS RIVERA: I don't remember which one I took.
MS. CAPPLEMAN: Did you definitely take one of them to Tallahassee?
LUIS RIVERA: Yeah. Yes, ma'am.
MS. CAPPLEMAN: Okay. I want to ask you about the first trip. Do you know the date that you came to Tallahassee on the first trip?
LUIS RIVERA: I can't remember, but I can remember.
MS. CAPPLEMAN: Okay. Does June 4th through June 5th sound correct?
LUIS RIVERA: It's around June.
MS. CAPPLEMAN: Okay. And that's of the year 2014, right? All right.
MS. CAPPLEMAN: So do you know — are you familiar with a ticket, a traffic ticket, that y'all got in the area of Gainesville on that first trip?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: I'm going to show you what I've marked as State's Exhibit 81.
MS. CAPPLEMAN: You recognize State's 81?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Is that a fair and accurate copy of the traffic ticket that y'all received on this first trip to Tallahassee?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And this was in the car that was rented by Mr. Garcia?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Who got the ticket?
LUIS RIVERA: I got the ticket.
MS. CAPPLEMAN: Judge, at this time, I'd ask to introduce in evidence 81.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: Not at all, Judge. Not Mr. Garcia.
MS. KAWASS: No objection.
JUDGE HANKINSON: Be admitted.
MS. CAPPLEMAN: What was the ticket for?
MS. CAPPLEMAN: Okay. And so you were doing the driving, at least in the Gainesville area. Is that right?
LUIS RIVERA: Yeah, we had switched for a minute and he told me to drive.
MS. CAPPLEMAN: Do you know what time of day you arrived in Tallahassee on that first trip, on June 4th?
LUIS RIVERA: In the morning, like around 5, 6 o'clock in the morning, around there.
MS. CAPPLEMAN: Okay. And would it refresh your memory to look at your —
LUIS RIVERA: Let me see.
MS. CAPPLEMAN: I'm gonna draw your attention to the top right corner of this traffic ticket.
MS. CAPPLEMAN: Indicates that you received a ticket at 9:12 a.m. in Gainesville, Florida. Does that sound right?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: It does?
MS. CAPPLEMAN: When you came to Tallahassee that first time, did you have any guns with you?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And what guns were in the car with you on that first trip?
LUIS RIVERA: We had two guns, two .38s.
MS. CAPPLEMAN: Two .38s?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And where did those guns come from?
LUIS RIVERA: One was his and one was mine.
MS. CAPPLEMAN: One was whose?
LUIS RIVERA: Garcia's.
MS. CAPPLEMAN: All right. And was that a gun that he acquired just for this trip or something he'd already had?
LUIS RIVERA: He already had.
MS. CAPPLEMAN: All right, what about the gun that was yours?
LUIS RIVERA: I bought it.
MS. CAPPLEMAN: Where did you buy it?
LUIS RIVERA: On the corner.
MS. CAPPLEMAN: On the corner. So it was an illegal gun purchase?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And was — which one of these guns, if either of them, ended up being the murder weapon in this case?
LUIS RIVERA: The one that I bought.
MS. CAPPLEMAN: The one that you purchased on the corner?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And that was before the first trip to Tallahassee?
LUIS RIVERA: That was first trip.
MS. CAPPLEMAN: All right. So what was the purpose of the first trip?
LUIS RIVERA: We came down to scope him out.
MS. CAPPLEMAN: Okay. Were you intending to commit the murder on the first trip?
LUIS RIVERA: It was supposed to, but we couldn't find him.
MS. CAPPLEMAN: All right. So when y'all came to do the first trip, was any money exchanged?
LUIS RIVERA: Not yet, ma'am.
MS. CAPPLEMAN: Who did?
LUIS RIVERA: Garcia.
MS. CAPPLEMAN: How much money did he have?
LUIS RIVERA: He probably had, I think, from two grand to five grand.
MS. CAPPLEMAN: Between two and five grand?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: Okay. And did you know where he got the money from?
LUIS RIVERA: The money, he got it from the people that hired him.
MS. CAPPLEMAN: All right. And who was that? Did he tell you?
LUIS RIVERA: No, he didn't tell me that.
MS. CAPPLEMAN: Okay. Did he give you any money on this first trip? Excuse me — did he give you any money for this first trip?
LUIS RIVERA: A couple of hundred dollars.
MS. CAPPLEMAN: How many nights did you stay in Tallahassee on that first trip?
MS. CAPPLEMAN: If you remember.
LUIS RIVERA: I said like two nights, two or three nights.
MS. CAPPLEMAN: Did you — where did y'all stay?
LUIS RIVERA: In the hotel.
MS. CAPPLEMAN: Okay. And did you interact with a man by the name of Chadrick Nobles in the hotel?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And You said that you came here to do the murder but you couldn't find him. What did you mean by that?
LUIS RIVERA: We had followed him.
MS. CAPPLEMAN: Followed who?
LUIS RIVERA: Markel.
MS. CAPPLEMAN: All right. Where'd you follow him to?
LUIS RIVERA: Followed him all the way to a daycare. We lost him.
MS. CAPPLEMAN: Where did you follow him? When you say you followed him to the daycare, where did you start following him?
LUIS RIVERA: Like, uh, we had stopped by a park and watched him come out of his house.
MS. CAPPLEMAN: So you knew where his house was located?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: How did you know where Mr. Markel's house was?
LUIS RIVERA: First, he pointed out his house.
MS. CAPPLEMAN: Okay. Was that something that was written on the paper?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And you said you pulled into a park and waited for him. Where was the park?
LUIS RIVERA: It was on the corner by a light.
MS. CAPPLEMAN: You recognize State's 47?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Is this a fair and accurate area map depicting where you parked that day waiting for Mr. Markel to follow him or scope him out?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Judge, at this time I'd ask to introduce State's 47.
JUDGE HANKINSON: Any objection?
JUDGE HANKINSON: Be admitted.
MS. CAPPLEMAN: May I publish?
JUDGE HANKINSON: You may.
MS. CAPPLEMAN: The yellow dot here indicates where you and Mr. Garcia waited.
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Had you already seen Mr. Markel's home before you parked here?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And when he pulled out, did he pull out down this road right here?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: When you're talking about the light, are you talking about this intersection?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: All right, tell me where you followed him. If he came down this way, where did y'all go?
LUIS RIVERA: Pulled right behind him, and he went straight.
MS. CAPPLEMAN: Straight down through this light?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And is that when you followed him to the area of the daycare?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And when you say you lost him, where and how did you lose him?
LUIS RIVERA: He had pulled up into the daycare and we just — by the time we made a circle, I guess he had pulled down and left, so we lost him.
MS. CAPPLEMAN: All right. When you talk about following Mr. Markel to the daycare on this first trip, who was driving when you all followed him to the daycare?
LUIS RIVERA: Garcia.
MS. CAPPLEMAN: All right, you mentioned going by Mr. Markel's residence. Can you tell the jury exactly what kind of scoping out y'all did of Mr. Markel's residence on this trip?
LUIS RIVERA: Just driving through to see if we could see his car, to see if there was somebody in the house, but we never got to see his car.
MS. CAPPLEMAN: Did you ever pull around behind the house or go anywhere besides other than driving right in front?
LUIS RIVERA: Yeah, we went around the house.
MS. CAPPLEMAN: Did you get out of the car?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Did Mr. Garcia get out of the car?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Tell us about that.
LUIS RIVERA: He got off, went behind the house, tried to see if somebody was in the house.
MS. CAPPLEMAN: Who was supposed to be the shooter on this first trip?
LUIS RIVERA: I was going to be the shooter.
MS. CAPPLEMAN: Did you make a suggestion to change the plan from shooting to something else?
LUIS RIVERA: Yeah. I found out it was for the kids. I ain't gonna shoot nobody for no kids.
MS. CAPPLEMAN: All right. Did — when you saw Mr. Markel on the first trip, did he have his kids with him?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Why didn't the murder get done on the first trip?
LUIS RIVERA: It's because we lost him.
MS. CAPPLEMAN: Okay. Did you ever observe Mr. Markel on the first trip where he was, I guess, separated from his children? Excuse me — did you ever see him where he was in his car, in his home, and the kids were not around, that first trip?
LUIS RIVERA: No, he always had his kids.
MS. CAPPLEMAN: Did y'all discuss plans to, you know —
LUIS RIVERA: Yes.
MS. CAPPLEMAN: Y'all went back to Miami, correct? After the failed first trip, and did — was — was there any plans discussed about when to come back?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: All right. What about between the two trips? Was there a conversation about the homicide or coming back to Tallahassee?
LUIS RIVERA: Excuse me, what two trips? The two trips?
MS. CAPPLEMAN: Between the two trips, did y'all talk about when you're gonna come back, or —
LUIS RIVERA: No, when we left that first night, we left, we didn't talk about it.
MS. CAPPLEMAN: You did or did not?
LUIS RIVERA: Did not.
MS. CAPPLEMAN: Okay. How did it come about that y'all came back?
LUIS RIVERA: He called me and said, you got to do the job, you got to finish that job.
MS. CAPPLEMAN: And did y'all return to Tallahassee on July 16th, 2014?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And how did you get to Tallahassee that time?
LUIS RIVERA: We rented a car.
MS. CAPPLEMAN: Who rented the car?
LUIS RIVERA: I did.
MS. CAPPLEMAN: All right, I'm gonna show you what's been introduced into evidence.
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: It was a green Prius, right?
LUIS RIVERA: Yes, ma'am. I can't remember.
MS. CAPPLEMAN: 312-5986?
LUIS RIVERA: I can't remember.
MS. CAPPLEMAN: Who went with you to rent the Prius, if anyone?
LUIS RIVERA: It was me and Garcia. He waited for me on the corner.
LUIS RIVERA: I went in, gave him $300, I rented a car.
MS. CAPPLEMAN: Okay. Did you refer to Mr. Garcia as your brother?
LUIS RIVERA: Always.
MS. CAPPLEMAN: Who drove to Tallahassee in the green Prius?
LUIS RIVERA: I did.
MS. CAPPLEMAN: Where did y'all stay in Tallahassee on the second trip?
LUIS RIVERA: Same hotel.
MS. CAPPLEMAN: Okay, I'm gonna show you what I've marked as 67, 83.
MS. CAPPLEMAN: 83.
MS. CAPPLEMAN: Recognize State's 83?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. Is that the receipt from — I think this one is — shows an arrival date of July 16th. Is that your information?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Is that a fair and accurate copy of what you filled out to register in the hotel here in Tallahassee?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: Judge, at this time I'd now move into evidence State's Exhibit 83, which is accompanied by a certification or declaration of authenticity by the folks at the Budget Inn.
MS. CAPPLEMAN: Budget Inn. Yes, sir.
JUDGE HANKINSON: Is there objection?
MR. ZANGENEH: Just to confirm, this is on July 16, 2014. That's this one, correct?
MS. CAPPLEMAN: Correct.
MR. ZANGENEH: Okay. No objection from Mr. Garcia.
MS. KAWASS: No objection.
JUDGE HANKINSON: Be admitted.
MS. CAPPLEMAN: May I publish?
JUDGE HANKINSON: You may.
MS. CAPPLEMAN: You arrived on July 16, is that correct?
LUIS RIVERA: Yes, ma'am.
LUIS RIVERA: I don't think so. It's not a real phone number at all.
MS. CAPPLEMAN: I want to talk about Thursday, July 17th. So you came, you spent the night at the Budget Inn, you woke up on Thursday, July 17th. What happened that day?
LUIS RIVERA: Took a ride to my girl's house that Thursday morning, and went around the house. Someone on the house. We came back around and we seen a lady walking through.
MS. CAPPLEMAN: Mm-hmm. Where was the lady?
LUIS RIVERA: She was — she was towards my right-hand side, towards his house.
MS. CAPPLEMAN: Towards his house? Towards Markel's house? Okay. Was she in the street, on the sidewalk?
LUIS RIVERA: Sidewalk.
MS. CAPPLEMAN: Okay. Did she have children with her?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. What happened when you saw this lady? Did she see you?
LUIS RIVERA: Yeah, she looked dead at the car.
LUIS RIVERA: I was driving and, uh, I looked in my rearview. I seen her looking.
MS. CAPPLEMAN: Mm-hmm.
MS. CAPPLEMAN: So what happened next?
LUIS RIVERA: I asked — I see her. So this lady was looking at the car.
LUIS RIVERA: "You know, that's the lady with the kids, man."
MS. CAPPLEMAN: So you asked Garcia, "Hey, who's this lady that's looking at the car?"
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And he said, "That's the lady with the kids"?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: What did you take that to mean?
LUIS RIVERA: That's the lady that wanted the kids.
MS. CAPPLEMAN: The lady that wanted you to do this job?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And were you worried about seeing her there?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Were you worried about her seeing you there?
LUIS RIVERA: Of course.
MS. CAPPLEMAN: Um, were you concerned — did you ever ask Garcia, "Who knows that I'm involved in this job with you?"
LUIS RIVERA: Can't remember that.
MS. CAPPLEMAN: Okay. What did you do once you see this lady and Garcia tells you that's the lady that wants this job done?
LUIS RIVERA: We drove off. We left.
MS. CAPPLEMAN: Did Garcia make a phone call about seeing the lady?
LUIS RIVERA: Well, I'm looking through my rearview mirror and I — I seen her making a phone call. I seen her getting on the phone.
MS. CAPPLEMAN: The lady that you saw on the sidewalk?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay. And then y'all drove off?
LUIS RIVERA: We drove off.
MS. CAPPLEMAN: Okay. And did Mr. Garcia, after seeing that and driving off, did he make any phone calls?
LUIS RIVERA: After we done bent, like, the corner, he got on the phone.
MS. CAPPLEMAN: All right. And who did he get on the phone with?
LUIS RIVERA: I believe he got on the phone with Katie.
MS. CAPPLEMAN: How do you know it was Katie he got on the phone with?
LUIS RIVERA: Because the way he was talking, it's only her. He only talks to her.
MS. CAPPLEMAN: All right. And what do you mean, the way he was talking? How are you able to tell?
LUIS RIVERA: Like, um, when he spoke to her — "Yo, um, I gotta get out of there, the lady just seen you."
MS. CAPPLEMAN: All right. And so y'all were worried about this lady having seen you?
LUIS RIVERA: I was worried.
MS. CAPPLEMAN: You were? Okay. And were you able — you said that you believed Garcia called Katie. Could you actually hear her, or could you only hear his end of the conversation?
LUIS RIVERA: I'm hearing his end of the conversation.
MS. CAPPLEMAN: Right. And tell us about his end of the conversation. What did you hear?
LUIS RIVERA: He thought — we just got to go, like, let's get out of here.
MS. CAPPLEMAN: Did you learn anything about Mr. Markel planning to leave town?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: Tell us about that.
LUIS RIVERA: We had to get the job done because he was supposed to leave that Friday morning.
MS. CAPPLEMAN: How did you know that?
LUIS RIVERA: First, Sigfredo.
MS. CAPPLEMAN: And how did he know that?
LUIS RIVERA: Katie told him.
MS. CAPPLEMAN: And when Katie told him, was that something that happened while you were present, or something that he already knew before y'all arrived?
LUIS RIVERA: No, I was present. I was in the car.
MS. CAPPLEMAN: Did you post a picture on Instagram while y'all were in Tallahassee on that second trip?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Could you tell the jury about that?
LUIS RIVERA: There's a picture, an owl.
MS. CAPPLEMAN: An owl, like the bird?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: Okay. And was that a photograph that you took here in Tallahassee?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. What happened after you posted this picture of an owl on Instagram?
LUIS RIVERA: Garcia came and told me, "You need to take that shit down."
MS. CAPPLEMAN: Just like that? Garcia told you that?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And who told him that?
LUIS RIVERA: I believe Katie.
MS. CAPPLEMAN: You believe Katie, or you know Katie?
LUIS RIVERA: No, it's Katie. It's her.
MS. CAPPLEMAN: Okay. So did Garcia get a phone call about the Instagram photo that you posted?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And were you present when he received that phone call?
LUIS RIVERA: I was outside. He came outside and told me.
MS. CAPPLEMAN: He came outside and told you to take it down?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: And did you all have contact with that same gentleman that you all saw the first trip, Chadrick Nobles? Did you all see him on the second trip?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. Could you tell the jury about the circumstances of coming into contact with Mr. Nobles on the second trip?
LUIS RIVERA: Buying drugs.
MS. CAPPLEMAN: All right. And was there an issue with your car as well?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Could you tell the jury about the issue with the car?
LUIS RIVERA: There was an issue in the car. I was driving, and Garcia pulled a gun out and shot a hole right through the car.
MS. CAPPLEMAN: All right. What gun did he shoot the car with?
LUIS RIVERA: The homicide one.
MS. CAPPLEMAN: The .38?
LUIS RIVERA: The murder weapon.
MS. CAPPLEMAN: The gun that you bought on the street corner?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And I assume that was an accidental shooting of the car?
LUIS RIVERA: Yeah, it was an accident.
MS. CAPPLEMAN: Where did this occur? Were y'all in the parking lot or somewhere else?
LUIS RIVERA: I was driving.
MS. CAPPLEMAN: All right. Did it disable the vehicle?
LUIS RIVERA: Of course.
MS. CAPPLEMAN: All right. So what did y'all do as a result of the vehicle being disabled? This is the green Prius, right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay, go ahead and tell us what y'all did.
LUIS RIVERA: Well, the car had stopped because he had hit a gas line, so we pushed it right to the side of the road, like a little parking lot. He left with Cedric to the AutoZone and got a little piece of hose to come fix it up. It only took him like about 10 minutes to fix it.
MS. CAPPLEMAN: So Garcia got a ride with Mr. Nobles?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And who fixed the car?
LUIS RIVERA: Of course.
MS. CAPPLEMAN: All right. Was he able to do that with whatever he bought at the auto parts store?
LUIS RIVERA: Of course.
MS. CAPPLEMAN: And then it ran again after that?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: And did Mr. Nobles assist y'all with getting a hotel room that second night in Tallahassee?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: All right, I want to talk about what happened on July 18, 2014.
MS. CAPPLEMAN: Who was driving the green Prius that day?
LUIS RIVERA: I was.
MS. CAPPLEMAN: Where did y'all go when you left the hotel?
LUIS RIVERA: To Markel's.
MS. CAPPLEMAN: All right. And was Mr. Markel — was his vehicle there? That's that Friday.
LUIS RIVERA: Yes, sir. His vehicle, we had pulled — but we passed by, we didn't see it. So we went to the corner, the same spot of that park. We posted up and waited for him to come around. So once I seen him, we follow him.
MS. CAPPLEMAN: Where did you follow him?
LUIS RIVERA: All the way to the daycare.
MS. CAPPLEMAN: And Did you see him drop his children off at the daycare?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And did you continue to follow him?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Where did you follow him?
LUIS RIVERA: From the daycare to the gym.
MS. CAPPLEMAN: All right. And are you still driving at this point?
LUIS RIVERA: I'm still driving.
MS. CAPPLEMAN: And Mr. Garcia is the passenger?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Did you continue to use your cell phones once you got into the area of Premier gym?
LUIS RIVERA: No, I think the cell phone was off. I think — I can't remember.
MS. CAPPLEMAN: Okay. You don't remember whether you turned your phone off or not?
LUIS RIVERA: Yeah, I can't remember if it was on or off.
MS. CAPPLEMAN: Have you seen the Premier gym video?
LUIS RIVERA: I've seen the gym.
MS. CAPPLEMAN: And you saw the images of that green Prius circling around while Mr. Markel was working out in the gym?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: Then was that you in that vehicle?
LUIS RIVERA: Mr. Garcia.
MS. CAPPLEMAN: What happened once Mr. Markel came out of the gym?
LUIS RIVERA: We followed him all the way back to the house.
MS. CAPPLEMAN: And Have you seen the images that were on the bus? Bus cameras?
LUIS RIVERA: Have I seen the images?
MS. CAPPLEMAN: Yeah, the video from the bus cameras.
LUIS RIVERA: Yeah, I've seen them.
MS. CAPPLEMAN: And is that y'all both before and right after the murder of Mr. Markel?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: On the way to the murder, I see only your car, the Prius, turning onto Benton Road. I do not see Mr. Markel's. Why is that?
LUIS RIVERA: He went one way and I went the other way.
MS. CAPPLEMAN: And what do you mean by that? He turned before you or after you?
LUIS RIVERA: He turned before me.
MS. CAPPLEMAN: Okay. So he turned to get to his house another way, and you turned on Benton?
LUIS RIVERA: Yes, the corner of his house.
MS. CAPPLEMAN: Okay, that corner right there by the park?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And so when you were approaching Mr. Markel's residence, was he coming from the other direction?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: What happened once the two of y'all were headed toward each other?
LUIS RIVERA: He pulled in and I was right behind him.
MS. CAPPLEMAN: How close did you get up behind him?
LUIS RIVERA: Real close.
MS. CAPPLEMAN: All right. And what was Mr. Markel doing when you pulled up behind him?
LUIS RIVERA: He was on the phone.
MS. CAPPLEMAN: All right, still seated in the driver's seat of his vehicle?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And what happened once you pulled into his driveway?
LUIS RIVERA: Soon as he pulled in, of course, he had jumped off — jumped out the car and went around, not around but in front of my — in front of the car, right behind his car, in front of the car I was driving, went to the driver's side and shot.
MS. CAPPLEMAN: He shot Mr. Markel?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: How many times?
LUIS RIVERA: Twice.
MS. CAPPLEMAN: Did you actually see Mr. Garcia shoot Mr. Markel?
LUIS RIVERA: Of course.
MS. CAPPLEMAN: Were the shots close together?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Can you describe Mr. Garcia's shooting position, like how he was holding the gun?
LUIS RIVERA: One hand.
MS. CAPPLEMAN: All right. Was it raised up, or was it like a normal arm, pretty straight shooting position?
LUIS RIVERA: Raised up, pretty straight.
MS. CAPPLEMAN: Okay. And did Mr. Garcia — did you observe him touch anything in the — did he have to go inside the garage to kill Mr. Markel?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And did you see him touch anything inside the garage?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: All right. And when he shot Mr. Markel, can you tell the jury anything about how close the gun was to Mr. Markel?
LUIS RIVERA: Pretty close.
MS. CAPPLEMAN: Okay. Would you say inches? Feet?
LUIS RIVERA: Just inches away.
MS. CAPPLEMAN: Did you see Mr. Garcia go inside the house at all?
LUIS RIVERA: Not at all.
MS. CAPPLEMAN: Did he take anything from Mr. Markel other than his life?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: What did y'all do once Mr. Garcia shot Mr. Markel?
LUIS RIVERA: Got in the car and left.
MS. CAPPLEMAN: And who was driving?
LUIS RIVERA: Me.
MS. CAPPLEMAN: All right, which way did y'all go?
LUIS RIVERA: The same way we came in.
MS. CAPPLEMAN: All right, up Thomasville Road?
LUIS RIVERA: Just there by the corner of the park.
MS. CAPPLEMAN: Okay, so you turned at the corner by the park?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: And then did you turn at the light?
LUIS RIVERA: Yes, made a right and just left.
MS. CAPPLEMAN: All right, did y'all get on the interstate and head back to Miami?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Do you see the person in the courtroom who shot Mr. Markel?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Could you please point that person out and describe what he's wearing?
LUIS RIVERA: Garcia. He's wearing a tux.
MS. CAPPLEMAN: A tux?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: What color is the shirt?
LUIS RIVERA: Blue.
MS. CAPPLEMAN: Let the record reflect the witness has identified the defendant, Garcia.
MS. CAPPLEMAN: On the bus video that we talked about a little earlier, in the moments after the homicide, there's some, like, animated movement that's seen in the passenger side of the Prius. Can you tell us what that was, what was happening at that time?
LUIS RIVERA: Oh, just trying to hide the gun.
MS. CAPPLEMAN: Who was?
LUIS RIVERA: Garcia.
MS. CAPPLEMAN: Where was he trying to hide the gun?
LUIS RIVERA: Right in front of the passenger side.
MS. CAPPLEMAN: Okay. And what was Mr. Garcia's demeanor like? What was he acting like when he got back in the car after killing Mr. Markel?
LUIS RIVERA: He was nervous.
MS. CAPPLEMAN: What happened to the murder weapon in this case?
LUIS RIVERA: We dumped it.
MS. CAPPLEMAN: Where did y'all dump it?
LUIS RIVERA: In the lake.
MS. CAPPLEMAN: All right, what lake?
LUIS RIVERA: In one of the bridges.
MS. CAPPLEMAN: All right. Was it on the way between Tallahassee and Miami?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And were you able to say exactly which bridge it was?
LUIS RIVERA: I can't remember.
MS. CAPPLEMAN: But the gun was thrown into a body of water?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And who threw the gun into the body of water?
LUIS RIVERA: Garcia.
MS. CAPPLEMAN: Did you ride around with law enforcement much later looking for this location?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Have you seen the ATM images in this case?
LUIS RIVERA: Yes, ma'am, that's me.
MS. CAPPLEMAN: What's that?
LUIS RIVERA: I see it.
MS. CAPPLEMAN: What car is this?
LUIS RIVERA: The Prius. Yes, ma'am. Yes, ma'am.
MS. CAPPLEMAN: What were you doing at the ATM?
LUIS RIVERA: I was just getting money out.
MS. CAPPLEMAN: Why did you need to get money out if you got a couple hundred dollars already for the murder?
LUIS RIVERA: We got run out.
MS. CAPPLEMAN: You all had run out of money by then?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: Do you know which one of you had the first phone call once the murder occurred, you or Mr. Garcia?
LUIS RIVERA: Garcia.
MS. CAPPLEMAN: And do you know when that phone call was made, or where y'all were?
LUIS RIVERA: I was driving — it was driving back to Miami.
MS. CAPPLEMAN: And who was the first phone call? Did he receive a phone call, or did he make a phone call?
LUIS RIVERA: I remember right there.
MS. CAPPLEMAN: And who was the first phone call with?
LUIS RIVERA: Katie.
MS. CAPPLEMAN: All right, so Garcia either called Katie or got a call from Katie. And that was the first call that either of y'all made after the murder?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right, and how do you know that that call was to Katie?
LUIS RIVERA: 'Cause when he was speaking, he like, "Hey, shit is done." She goes, "I already know it's done."
MS. CAPPLEMAN: All right, and when she said, "I already know it's done," was that something that you heard or that Garcia told you?
LUIS RIVERA: I heard.
MS. CAPPLEMAN: How were you able to hear it?
LUIS RIVERA: 'Cause I'm in the car with him. The windows up and she's on the phone.
MS. CAPPLEMAN: So her voice was loud enough through the receiver that you were able to hear her. And could you identify her voice as being hers and not somebody else's?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right, so tell us again, what exactly was said?
LUIS RIVERA: He said, "We're already finished," because "I already know it's done."
MS. CAPPLEMAN: All right, and then what?
LUIS RIVERA: And then we asked for her money, like, "Where the money at?"
LUIS RIVERA: Said, "You'll get it tomorrow."
MS. CAPPLEMAN: Who said you'll get it tomorrow?
LUIS RIVERA: Katie.
MS. CAPPLEMAN: Who was responsible for getting the money?
LUIS RIVERA: I believe Katie.
MS. CAPPLEMAN: All right. And you said — why do you say you believe Katie? Was it Katie or not?
LUIS RIVERA: Yes, it was Katie.
MS. CAPPLEMAN: All right. And did you know where she was going to get the money from?
LUIS RIVERA: If I knew? Not really. But we know the lady Wendi was paying it.
MS. CAPPLEMAN: All right. So you knew that the job was being done so that Wendi could get her kids?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Did you go with Katie to get the money?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: All right. And when Katie said you'll get the money, what exactly did she say?
LUIS RIVERA: Not sure. "You get the money tomorrow."
MS. CAPPLEMAN: "You'll get the money tomorrow." And was that okay with you?
LUIS RIVERA: Not really. I mean, the job is done, we should get the money today.
MS. CAPPLEMAN: All right. Did y'all go back and forth about that a little bit?
LUIS RIVERA: Not at all.
MS. CAPPLEMAN: All right. So she's gonna get the money and you were gonna get it tomorrow?
LUIS RIVERA: That's right.
MS. CAPPLEMAN: And did you get the money the next day?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: That's gonna be Saturday the 19th — July 19th, 2014?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: Your financial records indicate that you went to Big Daddy's the night of the murder.
MS. CAPPLEMAN: Is that a place in Miami?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: What kind of place is that?
LUIS RIVERA: Big Daddy — you got a bar, and then you got a Flanagan's right next to it.
MS. CAPPLEMAN: Okay. Is Flanagan's also a bar, or is that something else?
LUIS RIVERA: It's together.
MS. CAPPLEMAN: Okay.
LUIS RIVERA: Yeah, it's a bar. It's a sports bar.
MS. CAPPLEMAN: Is that a place that you hung out regularly?
LUIS RIVERA: Not really.
MS. CAPPLEMAN: Okay. But you went there that night?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And what about Mr. Garcia? Did he go there with you?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Did y'all spend some money that night?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: Were y'all celebrating?
LUIS RIVERA: You can't call it celebrating, but yeah, we spent some money.
MS. CAPPLEMAN: All right, but you hadn't been paid yet?
LUIS RIVERA: No, not at all.
MS. CAPPLEMAN: Okay, but you were anticipating getting some money the next day?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Did you know how much Mr. Garcia was getting paid for his role in this murder?
LUIS RIVERA: 40 grand.
MS. CAPPLEMAN: 40 grand. And that's what he told you?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Did you know how much Katie was getting for her role in this murder?
LUIS RIVERA: The rest.
LUIS RIVERA: Yes.
MS. CAPPLEMAN: The rest of what?
LUIS RIVERA: The money.
MS. CAPPLEMAN: How much money was it total?
LUIS RIVERA: A hundred grand.
MS. CAPPLEMAN: A hundred grand?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: That's how much the job was?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: When did you learn that?
LUIS RIVERA: I asked Garcia. He gave me $35, and he's getting $40. I said, how much is it in total? He said, a hundred. Katie get the rest.
MS. CAPPLEMAN: All right. So you said that you got paid the next day.
MS. CAPPLEMAN: Tell us about that.
LUIS RIVERA: I was in a barbershop the next morning.
LUIS RIVERA: I get a phone call from Katie.
LUIS RIVERA: "Hey, where's Tuto? Where's Tuto?"
MS. CAPPLEMAN: And Tuto is Mr. Garcia?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right, so Katie — you talked to Katie on the phone that day?
LUIS RIVERA: Yes, I did.
MS. CAPPLEMAN: And that was pretty unusual, because y'all don't usually talk on the phone, right?
LUIS RIVERA: Yes, ma'am, we don't.
MS. CAPPLEMAN: All right, and she says, "Where's Tuto?" Did you know where Tuto was?
MS. KAWASS: Objection, leading.
LUIS RIVERA: Yes.
JUDGE HANKINSON: Overruled.
MS. CAPPLEMAN: Where was Tuto?
LUIS RIVERA: At Shrimp's house.
MS. CAPPLEMAN: And who's Shrimp?
LUIS RIVERA: Oh, his girlfriend.
MS. CAPPLEMAN: Okay, so that's a woman that he was seeing around that time?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right, and what did she say? Did she say anything about the money?
LUIS RIVERA: Yeah, she said he was going to come get this money.
LUIS RIVERA: I said, he is. He'll go get it.
MS. CAPPLEMAN: All right, so she wanted to know who was going to come get the money.
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And were you able to locate Mr. Garcia?
LUIS RIVERA: Of course.
MS. CAPPLEMAN: And did y'all go get the money?
LUIS RIVERA: I didn't go get it. He went and get it.
MS. CAPPLEMAN: You didn't get your money?
LUIS RIVERA: I was in a barbershop still. They brought the money to my house.
MS. CAPPLEMAN: Okay, and did you go to your house to get the money?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Who was present when you went to your house and got your money?
LUIS RIVERA: Garcia and Katie.
MS. CAPPLEMAN: All right. And is that the house that we talked about earlier that you lived at with Jessica?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. So you go — you leave the barbershop, is that right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And go to your house?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: Who gave you the money?
LUIS RIVERA: Garcia.
MS. CAPPLEMAN: All right. And Katherine Magbanua was present as well?
LUIS RIVERA: She was there.
MS. CAPPLEMAN: All right. And tell us about the money. How was it packaged?
LUIS RIVERA: It was in a brown — um, a brown bag.
MS. CAPPLEMAN: Okay. Like a brown paper bag, or a plastic?
LUIS RIVERA: A brown paper bag.
MS. CAPPLEMAN: All right, and what about inside the brown paper bag?
LUIS RIVERA: It was like a little clear plastic — a plastic bag inside of it as well.
MS. CAPPLEMAN: All right, and what was inside the clear plastic bag?
LUIS RIVERA: Money. All hundreds.
MS. CAPPLEMAN: All hundreds?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And did you count the money?
LUIS RIVERA: No.
MS. CAPPLEMAN: How do you know how much was there?
LUIS RIVERA: Because I trust them.
MS. CAPPLEMAN: All right, so you were told it was $35,000.
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And did it seem like about that much to you?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And you said it was all hundreds. Were they separated at all into stacks?
LUIS RIVERA: They were stapled.
MS. CAPPLEMAN: Stapled?
LUIS RIVERA: $1,000 stapled, each one of them.
MS. CAPPLEMAN: So stacks of hundreds stapled together with, like, a stapler?
LUIS RIVERA: Yeah, with a stapler. Not all of them together, but $1,000 each was stapled.
MS. CAPPLEMAN: Okay. So you had a bunch of stacks of $100 bills that were stapled into stacks of a thousand?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Who is Anthony Ortiz?
LUIS RIVERA: That's one of my friends.
MS. CAPPLEMAN: All right. Is that a person that would know how to find you?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And did Katherine Magbanua know Anthony Ortiz?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: And do you know his number? Or if I say his number, would you be able to say yes or no, that that's his number?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: 305-762-0648.
LUIS RIVERA: That's his number.
MS. CAPPLEMAN: Did you get any additional money for this murder, other than the money that you got in that brown paper bag?
LUIS RIVERA: Yeah. He gave me an extra two grand.
MS. CAPPLEMAN: Who did?
LUIS RIVERA: Garcia.
MS. CAPPLEMAN: When was that?
LUIS RIVERA: In the car.
MS. CAPPLEMAN: You say in the car — was that the same day that you got the 35 grand?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Are you aware of any purchases that Mr. Garcia made with his portion of the money from this murder?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And what purchases were those?
LUIS RIVERA: We just bought some toys.
MS. CAPPLEMAN: The cars, motorcycles?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: I want to say let's go see his motorcycle, like on the Monte Carlos.
LUIS RIVERA: Yes.
MS. CAPPLEMAN: All right. Is this a fair and accurate photo of the toys that he bought with the proceeds of this murder?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Judge, at this time, I'd ask to introduce State's 48.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: I'm going to object to the authentication.
JUDGE HANKINSON: I'll overrule that objection.
MS. KAWASS: No objection.
MS. CAPPLEMAN: May I publish?
JUDGE HANKINSON: You may.
MS. CAPPLEMAN: Mr. Rivera, there's a couple motorcycles in this photo. Did Mr. Nersky purchase both of those, Mr. Conway?
LUIS RIVERA: No, just one.
MS. CAPPLEMAN: Which one?
LUIS RIVERA: The yellow one.
MS. CAPPLEMAN: Yellow and black?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: What about this vehicle back here? Did you purchase that with the money?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: 49.
MS. CAPPLEMAN: You recognize that?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: What does that show?
LUIS RIVERA: Me and Garcia on the motorcycles.
MS. CAPPLEMAN: All right. Are those the motorcycles y'all bought with the money from killing Mr. Markel?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: At this time, I'd ask to move into evidence State's 49.
MS. CAPPLEMAN: Do you know what Katherine Magbanua did with her cut of the money?
LUIS RIVERA: Not really.
MS. CAPPLEMAN: Did you dump your phone, the phone that you took to Tallahassee? Did you dump that phone after the murder?
LUIS RIVERA: No, I think I just changed the number.
MS. CAPPLEMAN: Changed the number?
MS. CAPPLEMAN: And did you change the number because it might have been associated with a homicide?
LUIS RIVERA: That's right.
MS. CAPPLEMAN: What happened to the Prius?
LUIS RIVERA: Well, we turned it back.
MS. CAPPLEMAN: Who turned it back in?
LUIS RIVERA: I turned it back in.
MS. CAPPLEMAN: Was it turned in on time?
LUIS RIVERA: No.
MS. CAPPLEMAN: Tell us about that.
LUIS RIVERA: Well, Garcia used it at night, went out.
LUIS RIVERA: He took the Prius, parked it somewhere around the house. He said he lost it. He said he didn't know where he put it at.
LUIS RIVERA: So I had to go over there and look for it. Found it like a block and a half away from where he lived at, in Miami Beach.
LUIS RIVERA: Miami Beach.
MS. CAPPLEMAN: Miami Beach?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: And so the Prius was a few days late, right?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: Are you familiar with a wire intercept — a T3 wire intercept — that was done in reference to this case?
LUIS RIVERA: Not really.
MS. CAPPLEMAN: Have you had an opportunity to review some recorded calls that were captured on a disc?
LUIS RIVERA: I heard it from one of my own girls.
MS. CAPPLEMAN: Say that again.
LUIS RIVERA: I heard it before.
MS. CAPPLEMAN: Okay. Were you — do you remember coming and listening with Investigator Newlin to some phone calls, and initialing whether or not you knew who the voices were on those calls?
LUIS RIVERA: Newman?
MS. CAPPLEMAN: Newlin. Investigator Jason Newlin. Did you meet with him?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: Okay. And did he play some phone calls for you, and the gist of that was asking you, can you recognize the voices on these calls? You remember that?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. I'm going to approach with State's exhibit 138.
JUDGE HANKINSON: We'll take 10 minutes. Either side need anything?
JUDGE HANKINSON: Everybody be seated. You may proceed, Ms. Cappleman.
MS. CAPPLEMAN: I was asking you whether you recalled having a meeting where you listened to some phone calls, the recorded phone calls from this case, to identify the voices. Do you remember that?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: May I approach with what I've marked as State's—
LUIS RIVERA: Yes ma'am.
MS. CAPPLEMAN: And is this your initial here?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And what about these check marks? What do these check marks indicate?
LUIS RIVERA: The voices.
MS. CAPPLEMAN: All right. So on each of these lettered phone calls, were you able to authenticate the voices that are highlighted?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: For example, on call D, you were asked to listen to see if that's—
JUDGE HANKINSON: Overruled.
MS. CAPPLEMAN: So, for example, on call D, you were asked to identify the voice of — there's two voices on there, and you were asked to identify the one that's highlighted, correct?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And does the check mark indicate that you were able to identify the highlighted voice?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: The highlighted voice. Okay. And on these calls, such as call K, there are two names highlighted there — Katie and Garcia. Does the check mark indicate you were able to authenticate both of those voices?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And the ones that have check marks by, um, Katie — is that referencing Katherine Magbanua?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: So that was her voice on the call?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And the ones that have Garcia, that's referencing Sigfredo Garcia's voice?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And all the check marks indicate that you have authenticated those voices on those particular calls.
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Judge, at this time, I'd ask to enter State's 179.
JUDGE HANKINSON: Is there a pick?
MS. KAWASS: Yes, Your Honor. First, I have never been shown what this testimony is referring to, and I think you want to go sidebar with any other objections.
MS. KAWASS: Improper foundation.
JUDGE HANKINSON: We'll go sidebar.
MS. CAPPLEMAN: Mr. Rivera, I don't think I asked you — what is your nickname, if you have one?
LUIS RIVERA: Tato.
MS. CAPPLEMAN: Tato?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: All right. And I want to take you back for a moment to the first trip to Tallahassee. Did Mr. Garcia engage in any phone calls with Ms. Magbanua during that first trip to Tallahassee? Do you remember giving a proffer in this case, October 4th, 2016. And do you remember giving some statements about Garcia having a lot of phone contact with Ms. Magbanua on that first trip?
JUDGE HANKINSON: Sustained.
MS. CAPPLEMAN: I'm going to approach and show you, ask you to read the question and answer.
MS. CAPPLEMAN: Are you able to read very well, Mr. Rivera?
LUIS RIVERA: No. Can't read, can't write.
MS. CAPPLEMAN: Judge, can I ask for some guidance on that?
JUDGE HANKINSON: I don't give guidance, Ms. Cappleman.
MS. CAPPLEMAN: Okay, well, the question is, right, how do you know that?
MR. ZANGENEH: I'm going to object to [unintelligible]
JUDGE HANKINSON: No, sustained.
MS. CAPPLEMAN: All right.
JUDGE HANKINSON: Move on, Ms. Cappleman.
MS. CAPPLEMAN: Yes, sir.
MS. CAPPLEMAN: Do you have any recollection of any conversation, overhearing any conversation in which Ms. Magbanua was concerned about you and Mr. Garcia doing something stupid or messing it up?
MS. CAPPLEMAN: Do you remember any conversation that you were privy to where Mr. Garcia was telling Ms. Magbanua to make sure those people have the money?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: When was that?
LUIS RIVERA: That was Friday, after the murder happened.
MS. CAPPLEMAN: Okay. Were there other conversations that happened on the first trip where the money was discussed?
LUIS RIVERA: No.
MS. CAPPLEMAN: You don't remember Mr. Garcia telling Ms. Magbanua that they better have the money?
LUIS RIVERA: I don't remember.
MS. CAPPLEMAN: Do you remember any conversation where Ms. Magbanua was indicating to Mr. Garcia, where you could hear her saying, make sure you get everything done right, when you are done call me?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: When was that?
LUIS RIVERA: That was the second trip, we was trying to murder the guy.
MS. CAPPLEMAN: And were you a member of this conspiracy to accomplish the murder of Mr. Markel?
LUIS RIVERA: Not at all.
MS. CAPPLEMAN: You didn't have anything to do with it?
LUIS RIVERA: I mean, yeah, he told me about it, to go. But if you're saying if I got hired — no.
MS. CAPPLEMAN: Well, you got paid, didn't you?
LUIS RIVERA: Yeah, from Garcia.
MS. CAPPLEMAN: All right. So Garcia hired you to do a murder, didn't he?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And who hired him?
LUIS RIVERA: The Adelson family.
MS. CAPPLEMAN: I'm sorry?
LUIS RIVERA: The Wendi family.
MS. CAPPLEMAN: Wendi's family hired him?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: Okay. And how was Wendi's family connected to Sigfredo Garcia?
LUIS RIVERA: 'Cause Katie — Katie was dating the dentist.
MS. CAPPLEMAN: Okay. Did Katie know about the murder?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Did Katie have a role in hiring Sigfredo Garcia?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: How do you know that?
LUIS RIVERA: 'Cause he told me.
MS. CAPPLEMAN: And Katie got paid?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Do you know which member of the Adelson family?
MS. CAPPLEMAN: Do you know? Did you have any contact?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Did any member of the Adelson family ever pay you any money?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Did you ever have any phone calls with any member of the Adelson family?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Text messages?
LUIS RIVERA: No.
MS. CAPPLEMAN: Meetings?
LUIS RIVERA: No.
MS. CAPPLEMAN: Any other type of communication?
LUIS RIVERA: Not at all.
MS. CAPPLEMAN: Do you see the person in the courtroom that you say hired Sigfredo Garcia to do this homicide?
LUIS RIVERA: The only one I see is Katie.
MS. CAPPLEMAN: All right. Would you please point her out and describe what she's wearing?
LUIS RIVERA: She's wearing gray and black.
MS. CAPPLEMAN: Let the record reflect the witness has identified — would you put your hand down, please? The witness has identified — sir, it makes it hard to hear you when you've got your hand up.
LUIS RIVERA: Yes, sir.
MS. CAPPLEMAN: The witness has identified Defendant Magbanua. No further questions.
MR. ZANGENEH: Cross.
MR. ZANGENEH: If I may proceed, Judge?
JUDGE HANKINSON: You may.
MR. ZANGENEH: Thank you, Judge.
MR. ZANGENEH: Good afternoon, Mr. Rivera.
LUIS RIVERA: Good afternoon.
MR. ZANGENEH: Do you have any aliases other than your full legal name as Luis Rivera?
LUIS RIVERA: Yeah, Tato.
MR. ZANGENEH: What about King Tato?
LUIS RIVERA: Yeah, King Tato.
MR. ZANGENEH: And where is the nickname King Tato derived from?
LUIS RIVERA: King, it's from Latin King. And Tato, that's my nickname since I was a baby.
MR. ZANGENEH: You're a Latin King legacy, right?
LUIS RIVERA: Yeah.
MR. ZANGENEH: And I say that because you were born into being a Latin King, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. And by being born into this organization — That means that you had family members that were part of the organization. Is that correct?
MS. CAPPLEMAN: Objection. Relevance.
JUDGE HANKINSON: Sustained.
MR. ZANGENEH: If I can explain — if I can explain at sidebar, Judge — it goes to proffered material.
MR. ZANGENEH: And Mr. Rivera, what was your title with the North Miami tribe of the Latin Kings when you got arrested in this case?
LUIS RIVERA: This case right here?
LUIS RIVERA: Or the federal case?
LUIS RIVERA: I was a leader.
MR. ZANGENEH: Now, correct me if I'm wrong, but there's five designations of leaders in the Latin King organization, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay.
MR. ZANGENEH: There are certain crowns, correct? There's like a fifth crown, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. And is that called the secretary?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: There's a fourth crown, which is called the treasurer.
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: There's a third crown, which is called the enforcer.
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: There's a second crown that's called — I can't pronounce it. It's C-A-C-I-Q-U-E.
MR. ZANGENEH: Okay. And then there's the Inca, or the Primera, the first crown, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And that's where you were.
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: The first crown of the North Miami tribe of the Latin Kings, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And in addition to being a local organization — well, it's not just a local organization. Is that correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: There's Latin Kings throughout the state of Florida. Is that correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And in addition to the state of Florida, I believe there's 39 states in the United States where the Latin Kings have a presence. Is that correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: At the time of this incident in 2014, how old were you, sir?
LUIS RIVERA: 32.
MR. ZANGENEH: 32.
MR. ZANGENEH: And you had been the Inca, or the first crown of the North Miami tribe, since you were about 15 or 16. Is that correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: How many members of the North Miami tribe were there in 2014?
LUIS RIVERA: Man, that's a question, for real.
MR. ZANGENEH: I'm sorry, sir?
LUIS RIVERA: That's a serious question.
MR. ZANGENEH: I'm asking it.
LUIS RIVERA: There can be a lot. No doubt.
MR. ZANGENEH: How many, if you remember, as the leader of this North Miami tribe — how many members of the Latin Kings were part of the North Miami tribe in 2014?
LUIS RIVERA: Probably had like a hundred.
MR. ZANGENEH: A hundred. Does that include all of Miami, or is that just North Miami? So including Miami, that number goes up. Is that correct?
LUIS RIVERA: Of course.
MR. ZANGENEH: And as we move exponentially north and west and a little bit south, the numbers increase, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Would you agree with me that there is a Latin King presence in Key West?
LUIS RIVERA: Yeah.
MR. ZANGENEH: Broward County?
LUIS RIVERA: Yes.
MR. ZANGENEH: Tampa?
LUIS RIVERA: Everywhere.
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Well, I'm going to ask some specifics, and I apologize for cutting you off, but I just need to make sure I get my questions out. So, St. Petersburg?
LUIS RIVERA: Yes.
MR. ZANGENEH: Yes, because that's part of everywhere, right?
LUIS RIVERA: Yes.
MR. ZANGENEH: Naples, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Jacksonville?
LUIS RIVERA: Yes.
MR. ZANGENEH: What about here in Tallahassee?
LUIS RIVERA: I don't know.
MR. ZANGENEH: Oh, you don't know? Isn't Tallahassee part of everywhere?
LUIS RIVERA: Yeah, but I don't associate with people in Tallahassee. Never been in Tallahassee in my life.
MR. ZANGENEH: So just so I'm clear, when I asked you if there's Latin —
LUIS RIVERA: You mean you're going to repeat a question?
MR. ZANGENEH: So out of all the places in Florida that have Latin Kings, the only place that you're not aware if they have Latin Kings is here in Tallahassee. Is that your testimony?
LUIS RIVERA: Yeah, I mean, they got them, but I don't know nobody from Tallahassee.
MR. ZANGENEH: So now you're saying that they have them, but you don't know them personally, correct?
LUIS RIVERA: They got them, but I don't know nobody in Tallahassee.
MR. ZANGENEH: Well, do you think that they know you?
LUIS RIVERA: Maybe.
MR. ZANGENEH: Okay. And that's because you're a leader in a substantially sized tribe of the Latin Kings. Is that correct?
LUIS RIVERA: Yeah, they don't know me, but they probably know my name.
MR. ZANGENEH: So could you pick up a phone and call somebody and get information on somebody that's associated with the Latin Kings in, let's say, Jacksonville? Could you do that if you're the leader?
LUIS RIVERA: Of course.
MR. ZANGENEH: Okay. And you were a leader, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: So what about — could you pick up the phone and find out if there's people in Gainesville? You could do that as a leader, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Everywhere, right?
LUIS RIVERA: Everywhere.
MR. ZANGENEH: Okay. Because in addition to being a local organization, it's a statewide and national organization, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And a leader of this organization pretty much your entire adult life, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: How — How do you — what do you need to do to become a Latin King?
LUIS RIVERA: I was born into it.
MR. ZANGENEH: What about — what is your definition of gang bang?
LUIS RIVERA: Gang bang?
MR. ZANGENEH: Yes, sir.
LUIS RIVERA: Latin King is a family, first and foremost. A family. It's the only organization where everybody takes care of everybody. You take care of the neighborhood.
MR. ZANGENEH: Do you recall if I ever asked you what were the things you had to do to become a Latin King? Do you recall that?
LUIS RIVERA: Yeah.
MR. ZANGENEH: Do you recall what your answer was?
LUIS RIVERA: Not — I don't remember.
MR. ZANGENEH: If I show you a copy —
LUIS RIVERA: You got to read it.
MR. ZANGENEH: I got to read it?
LUIS RIVERA: Yeah, I can't read.
MR. ZANGENEH: Let me ask you this. Did you tell me on October — I'm sorry, on January 31st, 2018 — that to get initiated in the gang, you had to just gang bang? Does that sound about right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And would it be safe to say that when I asked you to expand on what gang banging means, you said surviving life? Does that sound about right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Does that include selling drugs?
LUIS RIVERA: Everything, I guess.
MR. ZANGENEH: Okay. Did you sell drugs?
LUIS RIVERA: Yes, sir. And I survived.
MR. ZANGENEH: And you did this to take care of your family, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And to take care of the nation, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And when I say the nation, I'm discussing the Latin King nation, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Now, would proceeds from your illegal activity go back to the organization?
LUIS RIVERA: Repeat that question again.
MR. ZANGENEH: Sure, no problem. With the proceeds —
LUIS RIVERA: What "pros"? You mean proceeds?
MR. ZANGENEH: Like the money you make. Okay, if there's ever a time where I ask a question that you don't understand what I'm saying, let me know and I'll clarify, just so I'll make sure that everybody's on the same page. All right?
LUIS RIVERA: I'm doing it right now, sir.
MR. ZANGENEH: I'm sorry?
LUIS RIVERA: I said I'm doing it right now.
MR. ZANGENEH: Okay, well, I appreciate it. So proceeds means what money you make. So the money you made from your illegal activity — did you give it back to the nation?
LUIS RIVERA: It's a treasury. You put money in a treasury.
MR. ZANGENEH: Okay, so the answer is yes?
LUIS RIVERA: Yes.
MR. ZANGENEH: To your knowledge, is there like a manual or a book that your organization uses that has rules in it?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Does it go by the initials KMC?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Tell the members of the jury what those initials stand for.
LUIS RIVERA: You say KMC?
MR. ZANGENEH: Yes, sir.
LUIS RIVERA: It's A-K-M-C. Amor de Rey.
MR. ZANGENEH: Okay. I'm sorry, I can barely understand what you're saying. Can you say that a little bit louder, sir?
LUIS RIVERA: Amor de Rey.
MR. ZANGENEH: Okay. And is that English or another language?
LUIS RIVERA: That's Spanish.
MR. ZANGENEH: Okay. And hence the name Latin Kings, correct?
LUIS RIVERA: Latin Kings.
MR. ZANGENEH: And even though you can't read or write, can you translate from English to Spanish?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. Can you tell the members of this jury, from English to Spanish, what that means?
LUIS RIVERA: Almighty.
MR. ZANGENEH: Almighty love.
MR. ZANGENEH: Almighty?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Have you ever heard it initialized as KMC?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And do you know what — well, let me ask it this way. Is there a portion in that with regards to a code of silence that your gang has to abide by?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: So one of the principles that's in your rule book is that whatever activity you do within your organization should remain within that organization. Is that correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And whatever activity that you do, if it's illegal, you're not supposed to talk about it, correct?
MR. ZANGENEH: Of course. Now, according to your book the KMC is there a punishment or a violation that one receives if you provide information against another Latin King?
LUIS RIVERA: What do you mean by that?
MR. ZANGENEH: So let's say a buddy of yours, one of your brothers — let's call him King Anthony, okay?
MR. ZANGENEH: Let's say King Anthony did a crime and you helped the prosecution, or you helped the police prosecute him. Would that be a violation according to your rule book?
LUIS RIVERA: Of course.
MS. CAPPLEMAN: Objection, relevance. Hypothetical.
JUDGE HANKINSON: Overruled.
JUDGE HANKINSON: Go ahead, sir.
LUIS RIVERA: Of course.
MR. ZANGENEH: What would be your punishment?
LUIS RIVERA: I'm going through it right now. They're trying to kill me.
MR. ZANGENEH: They're going to try to kill you?
LUIS RIVERA: Yeah.
MR. ZANGENEH: So you'll agree with me that cooperating against a fellow King would result in probably the most serious penalty that you can have in your manifesto, correct?
LUIS RIVERA: Of course.
MR. ZANGENEH: Loss of your life?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Now you have a tattoo designating your allegiance to your organization, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: That's on your stomach, and it's the five points — the five points of the crown. Is that correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And you still have that tattoo?
LUIS RIVERA: Yes, I do.
MR. ZANGENEH: Are you still a member of the Latin Kings?
LUIS RIVERA: No.
MR. ZANGENEH: When did you lose your membership?
LUIS RIVERA: When I went back to Coleman, back to the feds.
LUIS RIVERA: 2016.
MR. ZANGENEH: When in 2016?
LUIS RIVERA: When I came over here to cooperate.
MR. ZANGENEH: So the beginning of your cooperation, which I would say late September, early October — does that sound about right, sir?
LUIS RIVERA: Yeah.
MR. ZANGENEH: You lost your affiliation because you violated one of the rules in your Latin King manifesto. Is that correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Are you in general population at Coleman? I'm sorry — you're — let me ask the question this way. Where are you currently housed?
LUIS RIVERA: Arizona.
MR. ZANGENEH: Okay, and that's in a federal facility.
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And as the prosecution said, you are currently serving a 151-month sentence based on your agreement to plead guilty in a federal racketeering case. Is that correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And do you know what — do you know what racketeering — I apologize. Strike that question. And so, as part of your federal sentence, you have been designated by the Bureau of Prisons, right? And your designation in the Bureau of Prisons is in a federal facility in Arizona, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Now, you'll agree with me that for inmates that they're concerned for their safety and welfare, there's a special portion of the federal facility that they could put you in, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And that's called the SHU, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And the SHU stands for special housing unit, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Are you currently in the SHU?
LUIS RIVERA: Not right now.
MR. ZANGENEH: Okay. When you say not right now — I see that you're here in Leon County, right? So when you — not right now, prior to them bringing you over here — when's the last time you were in the SHU?
LUIS RIVERA: In Leon County?
MR. ZANGENEH: I'm sorry — in Leon County. In Leon County, when you were in federal custody, were you ever in special housing?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. What about in Arizona?
LUIS RIVERA: The Arizona — that prison, man, it's called a drop-by yard, but it's called a PC, protective custody. That's what they got me right now. So —
MR. ZANGENEH: Are you in special housing in your federal facility?
LUIS RIVERA: No.
MR. ZANGENEH: You're in general population, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Have They had this one — well, let me — let me rephrase that. You indicated earlier that if you testify against a Latin King, they try to kill you, correct?
LUIS RIVERA: Testify against anybody.
MR. ZANGENEH: Well, I'm asking you: testifying against a Latin King.
JUDGE HANKINSON: I think he answered your question. Do you have another question?
MR. ZANGENEH: Yes, Judge.
MR. ZANGENEH: What is — what is a KOS order?
LUIS RIVERA: KOS?
MR. ZANGENEH: Yes.
LUIS RIVERA: KOS?
MR. ZANGENEH: Right. Kill on sight?
LUIS RIVERA: Kill on sight.
MR. ZANGENEH: Are you familiar with that?
LUIS RIVERA: I just said it, sir.
MR. ZANGENEH: Have you ever given a KOS order?
LUIS RIVERA: No.
MR. ZANGENEH: You're aware that at some point between September and November, the US government put a wire intercept, on your federal indictment investigation, on your phone. Is that correct?
LUIS RIVERA: Yeah, they got caught. Yeah, I know.
MR. ZANGENEH: And what I'm asking you is this: you know that the feds had you wired up for a month?
LUIS RIVERA: Yeah, I found out.
MR. ZANGENEH: Okay. And you found out because, like in any criminal investigation, one of the things that they do is they show you the evidence that they have against you, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And you'll agree with me that in your federal investigation you learned that for 30 days the federal government listened to every one of your phone calls. Is that correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: In October — 2014 did you have, as a Latin King, an issue with members of the 400 gang that moved into Highland Village?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And in October — in late October of 2014 — did you, Luis Rivera, initiate a series of phone calls asking for assistance from fellow Latin King gang members?
MR. ZANGENEH: And do you recall that what you initially wanted to do — or what you asked your fellow Latin Kings, your brothers, to do — was to get armed up and come and help you deal with these other gang members? Is that correct?
MS. CAPPLEMAN: Objection, relevance.
JUDGE HANKINSON: Sustained.
MR. ZANGENEH: Have you ever been involved, other than the case that we're talking about — have you ever been involved in distribution of narcotics? May I inquire, Judge?
JUDGE HANKINSON: You may.
MR. ZANGENEH: Mr. Rivera, did you sell drugs in the year 2012?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: What drugs did you sell in the year 2012?
LUIS RIVERA: Weed and cocaine.
MR. ZANGENEH: Did you sell drugs in the year 2013?
LUIS RIVERA: In my whole life.
MR. ZANGENEH: So would it be fair to say that from your teenage years up until your arrest, you were involved in the distribution of narcotics?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And I know this because we've spoken about it. It was initially just weed, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And as you got older, you started selling powder, right? Have you ever committed an armed robbery?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Do — Do you remember ever giving me an answer different than that?
LUIS RIVERA: I can't remember.
MR. ZANGENEH: Now, you said that you can't read or write, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Do you know the difference between the words yes and no?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: May I approach, Judge?
JUDGE HANKINSON: He said he can't read. I'm not going to give him something to read.
MR. ZANGENEH: Judge, it's just a difference between the words yes and no.
JUDGE HANKINSON: No. Proceed.
MR. ZANGENEH: Do you recall taking a deposition with me in January, on January 31st, 2018?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And during that deposition, I was there, Ms. Cappleman was there.
LUIS RIVERA: Yes.
MR. ZANGENEH: And there was a person that's called the court reporter taking notes of what you were saying?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Judge, I'm going to refer to line 22 and 23. I asked you, "Have you ever committed an armed robbery?" and your answer was no. Now today, when I ask you that, your answer is yes. Do you recall that question and that answer?
MR. ZANGENEH: Do you recall that question? Do you recall that question and answer?
LUIS RIVERA: I can't remember.
MR. ZANGENEH: Once again, Your Honor, I would ask to be able to show the witness.
JUDGE HANKINSON: Move on, Mr. Zangeneh.
MR. ZANGENEH: So you indicated you have committed armed robberies, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And you gave a statement to law enforcement on October 4th—
JUDGE HANKINSON: I'm sorry, I thought you were through with your question.
MR. ZANGENEH: No, Judge. On October 4th, 2016 — you remember that?
MR. ZANGENEH: Let me kind of refresh your recollection. You're sitting there.
MR. ZANGENEH: You got your lawyer, Mr. Collins, to your right.
MR. ZANGENEH: You got Detective Isom on your left. And you got an FBI investigator, Mr. Sanford, directly in front of you.
LUIS RIVERA: I got my lawyer, who, to my right?
LUIS RIVERA: Chuck Collins.
MR. ZANGENEH: I think it was David Collins.
MR. ZANGENEH: Oh, so you do remember.
LUIS RIVERA: Yeah.
MR. ZANGENEH: Okay. I'm trying to refresh my memory, too. Is David the older or the younger gentleman?
LUIS RIVERA: David is the father.
MR. ZANGENEH: Is the father. Okay.
MR. ZANGENEH: So you got David Collins to your right. Do you remember that?
LUIS RIVERA: Yeah.
MR. ZANGENEH: Okay. And you're sitting at a table, right? And do you remember that they told you that they videotaped the interview, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. So would it sound about right that this whole videotaped statement that you gave on October 4, 2016, in the presence of your lawyer, with Detective Isom and Agent Sanford, took about two hours long? Do you remember that?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Do you also remember that during that videotaped statement, you called yourself a jack boy? You remember that?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay.
MR. ZANGENEH: What's a jack boy?
LUIS RIVERA: Jack boys rob drug dealers.
MR. ZANGENEH: Rob drug dealers.
MR. ZANGENEH: Now, when you rob a drug dealer, do you rob them on the streets or do you go to their house?
LUIS RIVERA: Go to their house and take their dope.
MR. ZANGENEH: Because drug dealers don't keep their dope out on the streets. They usually stash it somewhere in their house, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: So I'm going to ask serious questions with regard to these. I mean, do you knock on the door and say, "Excuse me, can I have your drugs?" Does it work like that?
LUIS RIVERA: No.
MR. ZANGENEH: So would it be fair to say that when you go in there, you have the intention to either use force or intimidate with the use of force?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. And would it be a fair statement to say that you do this while you're armed?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. And what would be the weapon that you would most likely use during a robbery of a drug dealer?
LUIS RIVERA: A handgun.
MR. ZANGENEH: Okay. And what happens if you go in and you ask— well, let me ask you a question. Do you knock on the door, or do you kick down the door?
LUIS RIVERA: I'm not gonna do it. You knock on the door.
MR. ZANGENEH: Okay. And when they open the door, what do you do?
LUIS RIVERA: "Give me everything."
MR. ZANGENEH: Okay. And do you set up surveillance before you do these robberies?
LUIS RIVERA: No.
MR. ZANGENEH: No? Okay. So do you care whether or not there's kids in the house when you're committing an armed robbery of a drug dealer?
LUIS RIVERA: I do care about the kids in the house. And when I do rob somebody, there's no kids in the house.
MR. ZANGENEH: But you just told me you don't do surveillance, so how do you know?
LUIS RIVERA: Because there ain't gonna be no kids in the house. I already know the guy we're gonna rob. That's it.
MR. ZANGENEH: You know the guy that you're gonna rob?
LUIS RIVERA: Yeah.
MR. ZANGENEH: But yet you didn't do any surveillance, right?
LUIS RIVERA: Ain't no kids in the house.
MR. ZANGENEH: So you're telling me every time you hit a drug dealer, you knew whether or not there were kids in the house, because you have those moral standards?
LUIS RIVERA: Yes, sir. I never hit nobody with no kids in the house.
MR. ZANGENEH: And You're saying that under oath to this jury.
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And you understand what being under oath is, correct?
MR. ZANGENEH: I mean, at the beginning you raise your right hand, you swore to tell the truth, the whole truth, and nothing but the truth, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And I'm sure, as your lawyer has advised you, there is a penalty for lying under oath, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay.
MR. ZANGENEH: Have you ever lied under oath?
MR. ZANGENEH: Let me ask you — do you recall when you pled guilty in federal court there was a document called the factual proffer? You recall that?
LUIS RIVERA: Yeah, I heard.
MR. ZANGENEH: May I approach, Judge?
JUDGE HANKINSON: What purpose is it to show somebody who can't read the written document, Mr. Zangeneh?
MR. ZANGENEH: Judge, it's got his initials on it, it has his signature, it's got a date.
JUDGE HANKINSON: Okay, go ahead.
MR. ZANGENEH: Mr. Rivera, I'm showing you what's been marked as Defense Exhibit 2.
JUDGE HANKINSON: But we already have a Defense Exhibit 2, unless we're going to do separate documents for Garcia.
MR. ZANGENEH: It's under Garcia.
MR. ZANGENEH: I apologize.
MR. ZANGENEH: It's been marked as Garcia Number 2.
MR. ZANGENEH: Do you want me to change that, Your Honor?
JUDGE HANKINSON: That'll be okay for now. We can discuss that later.
MR. ZANGENEH: You indicated that you can't read. You know what your name looks like, right?
LUIS RIVERA: Of course.
MR. ZANGENEH: Whose name is that right there?
LUIS RIVERA: My name.
MR. ZANGENEH: Is that your signature in the bottom right-hand corner?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: I'm sorry — your initials?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: On page one?
MR. ZANGENEH: Are these your initials on page two?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Are these your initials on page three?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Are these your initials on page four?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And whose signature is that?
LUIS RIVERA: Mine.
MR. ZANGENEH: And can you read numbers?
LUIS RIVERA: Yeah.
MR. ZANGENEH: What number is that?
LUIS RIVERA: Eleven, six, fifteen.
MR. ZANGENEH: So on November 6, 2015 — is that the day you gave your factual proffer?
LUIS RIVERA: Yes.
MR. ZANGENEH: Are these the signatures? Is that your name, and these are the initials?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: At this time, Judge, I'll move Defense Exhibit 2 for Garcia into evidence.
MS. CAPPLEMAN: Objection, Your Honor.
JUDGE HANKINSON: I'll — I'll sustain the objection at this point in time. I fail to see the relevance, but move on.
MR. ZANGENEH: Do you recall me asking you if you had the crimes associated with your factual proffer on your record?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And you told me that even though it's on your record, you didn't do some of these crimes. Is that correct?
LUIS RIVERA: Yeah, I told you that.
MR. ZANGENEH: You told me that, right?
LUIS RIVERA: Yeah.
MR. ZANGENEH: And the document that I just showed you Did your lawyer, when he went over it with you, indicate that there's a portion that says, "I agree with all the facts set forth in the factual proffer"?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. And also, when you took your plea of guilty in front of a federal judge, did he read this factual proffer to you?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. Word for word, right?
LUIS RIVERA: Not word for word, but he told me, he explained it to me.
MR. ZANGENEH: Okay. And it's the same—
JUDGE HANKINSON: Same objection, Mr. Zangeneh.
JUDGE HANKINSON: I've found it's not relevant. Move on.
MR. ZANGENEH: Give me just one second, Judge.
JUDGE HANKINSON: Sure.
MR. ZANGENEH: Mr. Garcia.
MR. ZANGENEH: I'm sorry. Mr. Rivera. Have you ever used your position as a leader in the Latin Kings to recruit other Latin Kings to help you further any violent crimes?
MS. CAPPLEMAN: Objection. Relevance.
JUDGE HANKINSON: Overruled.
MR. ZANGENEH: Yes, sir. You can answer that.
LUIS RIVERA: Well, I got a question for you. I'm here for another indictment.
MR. ZANGENEH: Well, Judge — sorry, Judge.
MR. ZANGENEH: I'm objecting to the witness asking questions of the attorney.
JUDGE HANKINSON: Ask another question.
MR. ZANGENEH: So if you could answer that, the question that I just asked you.
LUIS RIVERA: Ask your question again.
MR. ZANGENEH: Sure, no problem. Mr. Rivera, have you ever enlisted the use of other Latin Kings to further any kind of violent criminal act?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: In fact, in the one month that your phone had a wire intercept, you attempted three separate violent acts, reaching out to other fellow Latin Kings. Isn't that correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: So you can answer that question.
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: So on a 30-day period—
JUDGE HANKINSON: You've asked it once.
MR. ZANGENEH: Thank you, Judge.
LUIS RIVERA: Yes, sir.
JUDGE HANKINSON: We don't need to do it twice.
MR. ZANGENEH: No problem. Thank you. And In the future, if I refer to other fellow Kings — does every fellow King have the word "King" prior to a nickname or a designation?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: So the person that you were talking about earlier, Anthony — Was it Anthony Torres? Did he have a King name?
LUIS RIVERA: Hey, what?
MR. ZANGENEH: Hey, what?
MR. ZANGENEH: And is he still alive?
LUIS RIVERA: He's dead, sir.
MR. ZANGENEH: Did he die here in South Florida?
LUIS RIVERA: I was in prison when I found out.
MR. ZANGENEH: Do you know where he died?
LUIS RIVERA: No.
MR. ZANGENEH: Do you know how he died?
LUIS RIVERA: I heard a motorcycle accident.
MR. ZANGENEH: And this is the individual that you're claiming you called to find my client when Katie called you, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Katie is Sigfredo's wife, as you described her, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: She has his numbers, right?
MR. ZANGENEH: You have his numbers, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And just for the record, Sigfredo had multiple phones at all times, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: So Let's get to Let's get to June 4th, okay?
MR. ZANGENEH: Or — let's actually, let's get to June 3rd. Do you remember what time?
MR. ZANGENEH: Sigfredo came up to you and told you that he had a job for you in Tallahassee.
LUIS RIVERA: It was late night, maybe like about 10, 11 o'clock at night, somewhere around there.
MR. ZANGENEH: Okay. What time did you guys hit the road?
LUIS RIVERA: Excuse me?
MR. ZANGENEH: What time did you guys get on the road?
LUIS RIVERA: Right away.
MR. ZANGENEH: Right away.
MR. ZANGENEH: Okay. So let's just go ahead and say around 11 o'clock. Does that sound about right?
LUIS RIVERA: Maybe. I can't really remember the time, but I'm saying like between 9 to 11, it was out of the way.
MR. ZANGENEH: Okay. 9 to 11 p.m.?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And this is when Sigfredo Garcia came to you with a rental. Was it a Nissan?
LUIS RIVERA: I think it was.
MR. ZANGENEH: But you didn't rent the car there that day, correct?
LUIS RIVERA: No.
MR. ZANGENEH: And he came to you and told you you had a job, right?
LUIS RIVERA: Yes.
MR. ZANGENEH: When did he tell you you had that job?
LUIS RIVERA: In my house.
MR. ZANGENEH: Okay. And from there, you went and you got a gun, right?
LUIS RIVERA: I can't remember if it was the same day or not.
MR. ZANGENEH: Well let me ask it this way. You had guns at your disposal, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. You're a Latin King you could call. Did you have your own personal firearm?
LUIS RIVERA: No, I went and bought one.
MR. ZANGENEH: Let me — let me see if I didn't ask that question correctly. Did you have your own piece? Did you have your own firearm, for your own protection, prior to that day?
LUIS RIVERA: I kept one.
MR. ZANGENEH: You always kept one?
LUIS RIVERA: Yeah.
MR. ZANGENEH: Okay. So you had your own gun, right? Luis Rivera's gun, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: But you choose not — you chose not to take that gun because you wanted to find another gun. Is that correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Because wouldn't that be a smarter thing to do — have a firearm, if you're going to commit whether it's a home invasion or a murder, that nobody knows is yours, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. So did you call one of your Latin King brothers to get a gun?
LUIS RIVERA: No.
MR. ZANGENEH: Where'd you go?
LUIS RIVERA: To the corner.
MR. ZANGENEH: To the corner? Like, in the hood?
LUIS RIVERA: In the hood.
MR. ZANGENEH: Okay. And so you got a gun from a guy on the corner. White guy or black guy?
LUIS RIVERA: Black.
MR. ZANGENEH: Black guy?
LUIS RIVERA: Black guy.
MR. ZANGENEH: So a black guy in the hood — you walked up to him and said, "I need a piece," right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Would it be safe to say — well, let me ask you this. In your Latin King manifesto, does it talk about not involving non-Latin Kings to ensure integrity within your organization?
LUIS RIVERA: For the murder case, or for the Latin King case?
MR. ZANGENEH: I think it's the same thing.
LUIS RIVERA: No, it's not.
MR. ZANGENEH: Okay, so answer my question. Don't answer my question with a question.
LUIS RIVERA: It's not what you're talking about.
MR. ZANGENEH: You keep talking about the Latin Kings ain't got nothing to do with murder, but you're King Tato, right?
LUIS RIVERA: Yeah, but they don't got nothing to do with a murder.
MR. ZANGENEH: According to you, right? Because if you were — if you were—
LUIS RIVERA: Wait a minute.
JUDGE HANKINSON: Stop. Ask another question.
MR. ZANGENEH: Just answer the question. Is there a portion of the Latin King manifesto which suggests that if you were to buy a gun to commit a crime, you'd buy it from another King gang to make sure you don't get in trouble?
LUIS RIVERA: No. You can buy it from wherever you want to buy it from.
MR. ZANGENEH: You've been a leader of this organization since you were 15 years old, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Right. And so you understand — I mean, you're cooperating now, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. So you understand there's informants and cooperators everywhere, right?
LUIS RIVERA: Correct. Yes, sir.
MR. ZANGENEH: Could be a stranger, could allegedly be your best friend, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: So instead of calling one of your hundred gang member brothers, where you are the king of the castle, the lion of the jungle, you choose to go to the hood and ask a stranger for a gun. That's your testimony?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay.
LUIS RIVERA: Nothing to do with what I'm — what I'm about to do.
MR. ZANGENEH: So you go and you get this firearm. Does the gun come with bullets, at least?
LUIS RIVERA: No.
MR. ZANGENEH: You have to buy bullets separately?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: All right. Kind of like a toy without batteries.
LUIS RIVERA: Yeah.
MR. ZANGENEH: Okay. So did you go — where'd you go buy the bullets?
LUIS RIVERA: At a gun store.
MR. ZANGENEH: So you didn't ask the same man on the corner to throw you some bullets in?
LUIS RIVERA: No.
MR. ZANGENEH: So you go to the gun store and you buy a pack of bullets?
LUIS RIVERA: Single bullets.
MR. ZANGENEH: You bought — you buy single bullets. And is this regulated by the person that owns the firearm store?
LUIS RIVERA: No.
MR. ZANGENEH: No? So you could just go buy bullets. You don't have to give ID or anything?
LUIS RIVERA: Never gave my ID.
MR. ZANGENEH: And you bought a single bullet? You bought three bullets?
LUIS RIVERA: A few bullets, like—
MR. ZANGENEH: I'm sorry?
LUIS RIVERA: Like 15.
MR. ZANGENEH: With it — I'm going to give you the number, correct. Well, it's kind of hard to hear you sometimes. So 15 bullets?
LUIS RIVERA: Yeah.
MR. ZANGENEH: Did you call Garcia and ask him if he needed some bullets too?
LUIS RIVERA: Oh, he was with me.
MR. ZANGENEH: He was with you?
LUIS RIVERA: Yeah.
MR. ZANGENEH: Do you know what time it was that you went to the — so Garcia was with you when you went to the hood to get the gun?
LUIS RIVERA: No.
MR. ZANGENEH: Okay. Which car did you use to go to the hood?
LUIS RIVERA: My car.
MR. ZANGENEH: What kind of car is that? An old Mercedes?
LUIS RIVERA: Yeah.
MR. ZANGENEH: So you drive your own car to the hood. At this time you already knew you needed — you needed the gun to commit this — to commit whatever crime you thought you were gonna do, correct? Okay. And you chose — and Garcia's right there with a rental car, right?
LUIS RIVERA: Right when I bought the gun.
MR. ZANGENEH: Right when you bought the gun, he was with — come on. Come back, come back. Okay.
LUIS RIVERA: With me, man.
MR. ZANGENEH: After Garcia told you he had a job to do, how long after that did you go get the gun? Immediately?
LUIS RIVERA: I can't remember. I think I told you that already.
MR. ZANGENEH: Well, I'm just trying to create a timeline.
LUIS RIVERA: Yeah, but you're going back and forth trying to confuse me.
MR. ZANGENEH: We're not going to do that. Just — come on. I'm not trying to. I'm trying — I'm trying to ask a very simple question. He tells you you have a job, right?
LUIS RIVERA: Right. Yeah.
MR. ZANGENEH: Okay. You assume this is a violent job, right? That's going to require you to get a firearm, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. Now you go from where you are — you living with Jessica at the time, or you in your Miami Beach house?
LUIS RIVERA: I live with Jessica.
MR. ZANGENEH: Okay. So you go — it's 135th Street?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: So where'd you go — the Pork and Beans? Which hood did you go to?
LUIS RIVERA: Right around the corner. I live in a hood, man.
MR. ZANGENEH: Okay. So you go down the street in your car, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And you buy a firearm?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And then you come back and get in the car with Garcia, and then you go buy bullets. Are—
LUIS RIVERA: You're confusing me right there. I think I seen a car — I can't remember.
MR. ZANGENEH: Okay. Okay. So after you get the bullets, do you guys head up north?
LUIS RIVERA: We got the bullets next day, man.
MR. ZANGENEH: Okay.
LUIS RIVERA: Let me refresh my memory. You're going back—
MR. ZANGENEH: No, listen, take your time. Take your time. We got nothing but time.
LUIS RIVERA: Got 19 years.
MR. ZANGENEH: Can't take that one. That's the question. You got a citation on June 4th in the morning, right? The prosecution showed you.
LUIS RIVERA: Yeah.
MR. ZANGENEH: Okay. Did you get the gun on June 3rd or June 2nd?
LUIS RIVERA: I already had the gun going up there.
MR. ZANGENEH: That wasn't my question. My question is, after Mr. Garcia allegedly told you about this purported job, you said that you went to get a gun, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. Did he tell you about this job the night of, or the day before you left going north?
LUIS RIVERA: No, the same night, you told me about.
MR. ZANGENEH: Okay, the same night. So you went down the corner, got the gun, and then got your bullets, and then headed up north, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: You — You testified — you testified originally on direct examination that he drove, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And then the prosecutor showed you a ticket, and then you said, well, we had to switch out, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Is it your testimony — Well, let me ask you this. Were you and Garcia drinking on your way up north?
LUIS RIVERA: Every time.
MR. ZANGENEH: Every time. Okay. That's not in code.
MR. ZANGENEH: Okay, well, that's what I'm getting to. And you and Garcia were drinking and driving, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Snorting cocaine?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Who was snorting more coke, you or Sigfredo Garcia?
LUIS RIVERA: I'm sorry?
MR. ZANGENEH: Mr. Garcia. Mr. Garcia. Who was doing more coke, you or him?
LUIS RIVERA: Yeah.
MR. ZANGENEH: Okay. Like a little bit, or a lot more?
LUIS RIVERA: Just a little bit more.
MR. ZANGENEH: A little bit more. How much cocaine did you and Mr. Garcia go through from Miami to Gainesville?
LUIS RIVERA: Can't remember.
MR. ZANGENEH: A gram?
LUIS RIVERA: I can't remember.
MR. ZANGENEH: Two grams?
LUIS RIVERA: I can't remember, sir.
MR. ZANGENEH: How much did you take up there?
LUIS RIVERA: I don't remember.
MR. ZANGENEH: About an eight ball sound right?
LUIS RIVERA: Maybe a little bit more, probably.
MR. ZANGENEH: Okay, so a little bit more than an eight ball. How many grams?
LUIS RIVERA: Three, uh, 3.5.
MR. ZANGENEH: So 3.5 is one eight ball, so you took a little bit more. So let's say about five grams — sound about right?
LUIS RIVERA: Probably.
MR. ZANGENEH: So it's your testimony that, as an experienced gang member, you get in a rental car —
JUDGE HANKINSON: Sounds like we're about to repeat everything twice. Let's move on, please.
MR. ZANGENEH: In the car that you were driving, you had been drinking alcohol. There were little alcohol bottles.
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. When you got pulled over by the police, you were driving, right? Obviously, you got the ticket, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Did you check to see if you had any remnants of cocaine powder on your nose?
LUIS RIVERA: Not at all.
MR. ZANGENEH: What about Mr. Garcia? Did you look to see if he had any remnants of cocaine on his nose?
LUIS RIVERA: No.
MR. ZANGENEH: And in the car are two firearms?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: I don't recall what number it is, Mr.
MR. ZANGENEH: Rivera.
MR. ZANGENEH: Exhibit 81, which is going to be popping up on the screen, is a copy of the citation.
MR. ZANGENEH: Is it Luis Manuel Rivera, is that correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: The location on your driver's — I think this will be better. Sorry, Judge.
MR. ZANGENEH: The location on your driver's license as your address is 1805 Normandy Drive, apartment three, is that correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: That's in Miami Beach, Florida.
MR. ZANGENEH: Is that correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: How long did you live in Miami Beach?
LUIS RIVERA: My whole life.
MR. ZANGENEH: You were born April 25th, 1983?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: You're a Hispanic male and you're five foot four?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And the citation is going 90 miles an hour in a 70 mile an hour zone, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: So in conjunction to all the things that I've already described — the firearms, the drugs, the empty bottles — you were going 90 miles an hour at nine o'clock in the morning, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Now, the officer that pulled you over — was it a Florida, it was an FHP, Florida Highway Patrol?
LUIS RIVERA: I think so.
MR. ZANGENEH: At any point, did he ask you to exit the vehicle to determine if he needed to conduct field sobriety exercises?
LUIS RIVERA: No, sir.
MR. ZANGENEH: Did you smoke any marijuana in the car?
LUIS RIVERA: No, sir.
MR. ZANGENEH: Did you take any marijuana with you?
LUIS RIVERA: No, sir.
MR. ZANGENEH: So it's you and Mr. Garcia in a rental car with all the contraband we discussed, and Trooper Downing just issues you a citation for speeding, correct?
LUIS RIVERA: Yes, sir.
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: That citation marker in Gainesville, right here. I-75 northbound, mile marker 374.
MR. ZANGENEH: I'm going to go ahead and zoom that in for you.
LUIS RIVERA: He's telling me where to go. I don't even know where I was at.
MR. ZANGENEH: Garcia?
LUIS RIVERA: Garcia.
MR. ZANGENEH: Did he have his GPS on his phone?
LUIS RIVERA: No, in his brain.
MR. ZANGENEH: In his brain.
MR. ZANGENEH: Had you ever been up to Tallahassee with Mr. Garcia before?
LUIS RIVERA: Never in my life.
MR. ZANGENEH: And it was your testimony earlier that Mr. Garcia never utilized his cell phone GPS, is that correct?
LUIS RIVERA: No.
MR. ZANGENEH: And as you indicated to the members of this jury, he was right next to you. If he was using his phone, you would have been able to see that he was using his phone for GPS, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And he was able to get you not only from Miami, Florida to Tallahassee, but to drive around in Tallahassee to the appropriate locations, is that correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Do you know roughly how far mile marker 374 is from Gainesville to Tallahassee?
LUIS RIVERA: No idea.
MR. ZANGENEH: After you received this citation, who drove? Did you continue driving?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And So from at least Gainesville to Tallahassee, you drove the rest of the way?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Did you guys still have the alcohol bottles in the Nissan after you got pulled over?
LUIS RIVERA: Yeah, it was in a brown paper bag.
MR. ZANGENEH: Brown paper bag. You didn't think to throw it out afterwards?
LUIS RIVERA: No, it didn't cross my mind.
MR. ZANGENEH: How many drinks would you say that you had consumed?
LUIS RIVERA: I can't remember that.
MR. ZANGENEH: Was it one?
LUIS RIVERA: I can't remember that, sir.
MR. ZANGENEH: Was it two?
JUDGE HANKINSON: Move on, Mr. Zangeneh.
MR. ZANGENEH: What about Mr. Garcia?
MR. ZANGENEH: Were you watching how many alcoholic beverages he was consuming?
LUIS RIVERA: Not at all.
MR. ZANGENEH: How many alcoholic beverages, how many little bottles did you guys buy?
LUIS RIVERA: About a bunch. I just can't remember how many.
MR. ZANGENEH: Give me a rough estimate of what a bunch is.
LUIS RIVERA: I can't remember how many, sir.
MR. ZANGENEH: Multiple?
MR. ZANGENEH: That means more than two?
LUIS RIVERA: Of course it's more than two, but I can't remember how many.
MR. ZANGENEH: Do you remember how long it took to drive from Miami to Gainesville?
LUIS RIVERA: I don't know, it took a couple of hours, a bunch of hours, I don't remember.
MR. ZANGENEH: And during that time, did you guys consume all the alcoholic beverages that you had from Miami to Gainesville?
MR. ZANGENEH: Or did you have more alcohol after you got pulled over?
LUIS RIVERA: No, I think we had drank them all already.
MR. ZANGENEH: When You get to Tallahassee, and you're still driving, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Where do you go on June 4th, the same day of the citation?
LUIS RIVERA: He went straight to the hotel.
LUIS RIVERA: He went to go rent a hotel that day. He went to rent a hotel.
MR. ZANGENEH: Okay.
MR. ZANGENEH: And Did you pick the hotel or did Mr. Garcia pick the hotel?
LUIS RIVERA: Garcia picked the hotel.
MR. ZANGENEH: Do you remember which exit you guys took off the highway?
LUIS RIVERA: No, sir.
MR. ZANGENEH: You were driving though, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And how — How much of the cocaine did you have left, you remember? You think you'd burned through most of it?
LUIS RIVERA: Probably.
MR. ZANGENEH: And Would it be a fair assessment to say that you hadn't slept all night?
LUIS RIVERA: Yeah.
MR. ZANGENEH: And the night before, you didn't know that this was going to be occurring, right? You found out that day, is that right?
LUIS RIVERA: That's right.
MR. ZANGENEH: Okay, so you had been up all day and all night.
MR. ZANGENEH: And I could be correct, and you consumed multiple alcoholic beverages, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And you and Mr. Garcia had consumed multiple grams of cocaine. Is that correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: So It's also your testimony that somewhere after Orlando, Orlando, that Mr. Garcia, according to you, tells you that this is a homicide.
MR. ZANGENEH: Right?
LUIS RIVERA: Is that first trip or the second trip?
MR. ZANGENEH: First trip.
MR. ZANGENEH: Okay. Right?
LUIS RIVERA: Yes, sir. That's when you find out it's a homicide.
MR. ZANGENEH: I just want to make sure, sir. Okay.
MR. ZANGENEH: And it's your testimony to these jurors that he told you that he was going to give you either 30 or 35 stacks, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. It's also been your testimony to this jury that you believed that he thought that you were going to do the shooting, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And just for the record, your testimony is that you did not do the shooting, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Did you still receive the same amount of money?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: So for not committing the act that you were hired to do, right? Because it's your testimony that Sigfredo Garcia, Mr. Garcia, hired you to commit this murder, not to be your tag-along, that he still paid you the amount of money that he told you that he'd pay you at the beginning, right?
LUIS RIVERA: Okay.
MR. ZANGENEH: So he didn't tell you, "Hey, listen, I thought you were gonna actually do the murder and I had to do it, so I'm gonna give you — I'll give you ten stacks for two rides," right?
LUIS RIVERA: Yeah.
MR. ZANGENEH: So you got $35,000 for two rides from Miami to Tallahassee, right?
LUIS RIVERA: Right. All right, yes, sir.
JUDGE HANKINSON: When you find a good stop—
MR. ZANGENEH: I mean, I wouldn't say stop right this moment.
MR. ZANGENEH: Absolutely, if you think the jury's done for the day, we'll pick back up tomorrow, my pleasure. So this is decent. That's fine, absolutely.
JUDGE HANKINSON: Reach a point or keep your concentration.
JUDGE HANKINSON: Don't discuss the case with anyone. Don't be 45, if I know the drill pretty well by now.
JUDGE HANKINSON: Same time every day, 8:30. Just checking, just wanna make sure. All right, we need to resolve the discussion.