7.Rivera Hearsay and Disclosure Motions; Luis Rivera — Direct/Cross
2,173 lines(Jury exits the courtroom.)
(Court is in recess.)
JUDGE HANKINSON: You had 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. I anticipate that he will be a lengthy witness. I am 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 is a little earlier, or would your preference be that I get some more folks up here?
JUDGE HANKINSON: All right. I don't have any doubt that he is going to at least take up the rest of the day.
MS. CAPPLEMAN: Okay. I think so too.
JUDGE HANKINSON: we don't need any other witnesses.
MS. CAPPLEMAN: I just 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 am going to have at this time is that it is our position that the State even taken in the light most evident to them has failed to establish by a preponderance of the evidence a conspiracy that involves Ms. Magbanua. So that at this point we would say that any coconspirator hearsay statements should not be admissible because the Court is -- I am sure the Court is aware that the contents of the statements cannot be used in determining if there is a conspiracy. And at this point it would be our position that they have failed to do so.
That is our first objection, Your Honor. Do you want to rule before I move on to the second?
JUDGE HANKINSON: Yes.
MS. KAWASS: Okay. Do you want me to wait for you to rule before I move on to the second topic?
JUDGE HANKINSON: Certainly.
MS. KAWASS: The second topic, Judge, is I am just asking -- I will 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 is going to testify today. If they are aware of any statements that is a change, 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 let us know before he testifies. And that is the second thing, Your Honor.
JUDGE HANKINSON: Ms. Cappleman, as to the second issue?
MS. CAPPLEMAN: The second issue, I am aware of my continuing discovery obligation and my obligations under Brady, and I am 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 will use our time to resolve issues while the jury is taking a break. So let's try to abide by that.
If you have an issue, you know who is next. Let's take it up at the end of the testimony before we take a break while the jury is having their break. Let's have Mr. Rivera in, please.
(Pause. )
JUDGE HANKINSON: Have a seat, sir. Let's have the jury, please.
(jury enters the courtroom.)
JUDGE HANKINSON: All right. Everybody but the witness have a seat, please. If you would face the clerk and raise your right hand and be sworn, please, sir.
whereupon, LUIS RIVERA was called as a witness, having been first duly sworn, was examined and testified as follows:
JUDGE HANKINSON: Have a seat and slide up to the microphone, please, sir. You may proceed, Ms. Cappleman.
MS. CAPPLEMAN: Thank you, Your Honor.
DIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Sir, please say your name and spell your name.
LUIS RIVERA: Luis Rivera.
JUDGE HANKINSON: Side forward a little closer to that microphone, please, sir.
LUIS RIVERA: Luis Rivera, L-I-U-S (sic), R-I-V-E-R-A.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: I am going to move it a little bit closer to you. Can you slide forward at all? There you go.
How old are you, Mr. Rivera?
LUIS RIVERA: Thirty-six.
MS. CAPPLEMAN: Are you currently incarcerated?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And where are you currently incarcerated?
LUIS RIVERA: Right now I'm with the feds.
MS. CAPPLEMAN: with the feds?
LUIS RIVERA: Federal prison.
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 plea to in this case that we are here about today?
LUIS RIVERA: Nineteen years.
MS. CAPPLEMAN: All right. But what charge did you plea to?
LUIS RIVERA: Second degree murder.
MS. CAPPLEMAN: All right. Nineteen 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.
MS. KAWASS: Your Honor, I apologize for interrupting, but we are having a hard time hearing Mr. Rivera.
JUDGE HANKINSON: Did somebody tamper with the volume? Every time we move this thing there are problems. we need to not move this.
MS. CAPPLEMAN: Mr. Rivera, if you could pull up just a little bit closer.
JUDGE HANKINSON: I have been having a problem with some of the other witnesses. It is not just him.
MS. CAPPLEMAN: Yes, Sir.
JUDGE HANKINSON: Go ahead and say something.
BY MS. CAPPLEMAN:
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: All right. 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 tried 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?
LUIS RIVERA: No, ma'am.
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 corporation 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?
LUIS RIVERA: Not at all.
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 are 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 130 5th Street -- 130 5th Street?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: In North Miami?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: That sounds right? Do you know Sigfredo Garcia?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: How do you know Sigfredo Garcia?
LUIS RIVERA: Childhood, 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 knew 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, have you ever heard the term Tuto Dade?
LUIS RIVERA: Tuto Dade?
MS. CAPPLEMAN: Yeah.
LUIS RIVERA: No.
MS. CAPPLEMAN: what 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 timeframe?
LUIS RIVERA: we hang out pretty close, every day.
MS. CAPPLEMAN: All right. And you mentioned a Jessica. who is that?
LUIS RIVERA: That's my ex-baby mama, well, my baby mama.
MS. CAPPLEMAN: Your ex -- she is the mother of your children?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And that is 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: Garcia's wife.
MS. CAPPLEMAN: All right. And is he legally married to her?
LUIS RIVERA: That I knew, yeah, I mean --
MS. CAPPLEMAN: You thought he was?
LUIS RIVERA: Yeah, I thought he was.
MS. CAPPLEMAN: Okay. Do they have children together?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. Does she go by any nicknames?
LUIS RIVERA: Just Katie.
MS. CAPPLEMAN: Katie?
LUIS RIVERA: we just called 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. Is that somebody that you would talk to on the phone?
LUIS RIVERA: NO.
MS. CAPPLEMAN: Katherine Magbanua?
LUIS RIVERA: Like speak to her?
MS. CAPPLEMAN: Yes.
LUIS RIVERA: No.
MS. CAPPLEMAN: would you see her socially?
LUIS RIVERA: I see her because I got to see Garcia.
MS. CAPPLEMAN: So when you saw her, would she always be with Garcia; or did you have a separate relationship with her?
LUIS RIVERA: No, she would be with Garcia. I never had no --
MS. CAPPLEMAN: Okay. I guess I am 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, them like as a couple?
LUIS RIVERA: I mean, I was always around Garcia; but, you know, everybody do their own thing.
MS. CAPPLEMAN: Okay. Did you -- would you say you saw them socially more than 10 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: They were on and off.
MS. CAPPLEMAN: Do you know what their status was of their relationship at the time that Dan Markel was killed?
LUIS RIVERA: Only thing I knew that she was dating the dentist. That's about it.
MS. CAPPLEMAN: You did not know she was dating the dentist or you did?
LUIS RIVERA: No, she was dating him.
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 want to show you some photographs which I have marked as State's 45 and 46 and ask if you recognize them?
LUIS RIVERA: Yes, ma'am.
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 are 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: Yeah.
MS. CAPPLEMAN: Okay. Judge, at this time I would ask to introduce into evidence State's Exhibit 45.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: None from the defense, none from Garcia, Judge.
JUDGE HANKINSON: All right. They will be admitted.
MS. KAWASS: Only objection, Judge, is there is no timeframe that has been established for that photograph.
JUDGE HANKINSON: Do you have an idea when these were taken, Mr. Rivera? Do you have a time --
MS. CAPPLEMAN: Do you know when those photos --
JUDGE HANKINSON: -- idea when these photos we are showing --
LUIS RIVERA: I can't remember. I can't remember when we took them.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Sometime prior to the homicide that we are here about?
LUIS RIVERA: Man, shit, no, 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 will just rest my objection on that, Your Honor. He said he probably -- he doesn't know when that picture was taken.
JUDGE HANKINSON: All right. I will overrule the objection and admit State's Exhibit 45.
(State's Exhibit 45 received in evidence.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: And State's Exhibit 46, what is that a photo of?
LUIS RIVERA: Me and Garcia.
MS. CAPPLEMAN: 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 -- what is your height and Mr. Garcia's height?
LUIS RIVERA: I am 5'4". He is like 6'1".
MS. CAPPLEMAN: You are 5'4", and he is 6'1"?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And is that demonstrated in that photo?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: Is that a fair and accurate depiction of the difference in y'all's height?
LUIS RIVERA: Of course. I am leaning down a little bit, but he is tall.
MS. CAPPLEMAN: All right. Judge, at this time I would ask to introduce into evidence State's 46.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: Yes, Judge, he indicated he wasn't sure when that photograph was taken. He also indicated --
JUDGE HANKINSON: Do you have a legal objection? State your legal objection, please.
MR. ZANGENEH: He can't authenticate when the photograph was taken.
JUDGE HANKINSON: All right. I will overrule the objection and admit State's Exhibit 46.
(State's Exhibit 46 received in evidence.)
MS. CAPPLEMAN: May I publish?
JUDGE HANKINSON: You may.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. Mr. Rivera, who is this on the far left?
LUIS RIVERA: Garcia.
MS. CAPPLEMAN: And this person?
LUIS RIVERA: Katie.
MS. CAPPLEMAN: Katherine Magbanua?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And what about this person?
LUIS RIVERA: Jessica.
MS. CAPPLEMAN: Jessica Rivera?
LUIS RIVERA: No, Rodriguez.
MS. CAPPLEMAN: Oh, Rodriguez, I am sorry. But that is your child's mother?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And this person?
LUIS RIVERA: Me.
MS. CAPPLEMAN: State's Exhibit 46, who is that?
LUIS RIVERA: That's me and Garcia.
MS. CAPPLEMAN: Okay. 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: All right. And what did Mr. Garcia say when he approached you about coming to Tallahassee?
LUIS RIVERA: He just said, I got a job. He gave me a job I got to 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: I just -- that'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 I would have rolled.
MS. CAPPLEMAN: All right. was money discussed as far as how you would 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 up 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. Thirty-five what?
LUIS RIVERA: Thirty-five thousand.
MS. CAPPLEMAN: You were going to 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: 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?
LUIS RIVERA: Not at all.
MS. CAPPLEMAN: All right. Tell us about the conversation on the way to Tallahassee. was this the first trip or the second trip?
LUIS RIVERA: This is the first trip.
MS. CAPPLEMAN: All right. Tell us about that.
LUIS RIVERA: we was just taking a ride up there. My concern, I thought we were fixing to go rob him so --
MS. CAPPLEMAN: Say that again.
LUIS RIVERA: My concern, I thought we were fixing 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. I am like -- you know, it was his 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, I was like halfway there, we just -- he said, we are going to have to kill the man for some kids.
MS. CAPPLEMAN: He said 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: It is 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 are coming to kill?
MS. CAPPLEMAN: Yeah.
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: what information did he have?
LUIS RIVERA: He 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 -- what is his name?
MS. CAPPLEMAN: Dan Markel?
LUIS RIVERA: Dan Markel.
MS. CAPPLEMAN: The guy that y'all ended up killing?
LUIS RIVERA: Yes, ma'am.
MR. ZANGENEH: Objection as to leading, Judge.
JUDGE HANKINSON: Overruled.
BY MS. CAPPLEMAN:
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 there was the address on it too.
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 on the side of 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 at the time of this homicide?
LUIS RIVERA: I think it was like either 786 -- I think it was like 290 -- I can't remember.
MS. CAPPLEMAN: No, your phone number.
LUIS RIVERA: My phone number?
MS. CAPPLEMAN: Yeah.
LUIS RIVERA: Shit, man, 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: That was one of my phone numbers.
MS. CAPPLEMAN: And then I also have a (305)934-6615. was that a phone number that belonged to you?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: Okay. And was there one number in particular that -- 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: The date? I can't remember, but -- no, I can't remember.
MS. CAPPLEMAN: Okay. Does June 4th through June 5th sound correct?
LUIS RIVERA: Yeah, it was around June, yes, ma'am.
MS. CAPPLEMAN: Okay. And that is of the year 2014, right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. 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: All right. I am going to show you what I have marked as State's Exhibit 81. Do 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: All right. 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: All right. Judge, at this time I would ask to introduce into evidence State's 81.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: Not at all, Judge, not from Mr. Garcia.
MS. KAWASS: No, objection.
JUDGE HANKINSON: It will be admitted.
(State's Exhibit 81 received in evidence.)
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: what was the ticket for?
LUIS RIVERA: Speeding.
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. He told me to drive.
MS. CAPPLEMAN: All right. Do you know what time of day you arrived in Tallahassee on that first trip on June 4th?
LUIS RIVERA: In the morning around 5:00, 6 o'clock in the morning, around there.
MS. CAPPLEMAN: Okay. And would it refresh your memory to look at ~when this traffic ticket was received?
LUIS RIVERA: Let me see.
MS. CAPPLEMAN: I am going to draw your attention to -- the top right corner of this traffic ticket 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. 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: Okay. Two .38s?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And where did those guns come from?
LUIS RIVERA: One was his, and one was mines.
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 had 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: All right. 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 brought.
MS. CAPPLEMAN: All right. 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 the first trip.
MS. CAPPLEMAN: All right. So what was the purpose of the first trip?
LUIS RIVERA: We came to scope him out.
MS. CAPPLEMAN: Okay. Were you intending to commit the murder on the first trip?
LUIS RIVERA: we 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: No, he had money.
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 is 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?
LUIS RIVERA: Excuse me?
MS. CAPPLEMAN: Did he give you any money for this first trip?
LUIS RIVERA: Yeah, he gave me a couple of hundred dollars.
MS. CAPPLEMAN: Okay. How many nights did you stay in Tallahassee on that first trip if you remember?
LUIS RIVERA: I would say like two nights, two to three nights.
MS. CAPPLEMAN: All right. where did y'all stay?
LUIS RIVERA: In a hotel.
MS. CAPPLEMAN: Okay. And did you interact with a man by the name of Shoddrick 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, and we --
MS. CAPPLEMAN: Followed who?
LUIS RIVERA: Markel.
MS. CAPPLEMAN: All right. where did you follow him to?
LUIS RIVERA: Followed him all the way to a daycare. we kept losing him.
MS. CAPPLEMAN: Okay. Where did you follow him -- when you say you followed him to the daycare, where did you start following him?
LUIS RIVERA: Like 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: Garcia pointed his house to me.
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 like --
MS. CAPPLEMAN: Let me show you what I have marked as State's Exhibit 47. Do you recognize State's 47?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Is this a fair and accurate aerial 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 would ask to introduce State's 47.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: One second, Judge. No objection from Mr. Garcia.
MS. KAWASS: No objection.
JUDGE HANKINSON: It will be admitted.
(State's Exhibit 47 received in evidence.)
MS. CAPPLEMAN: May I publish?
JUDGE HANKINSON: You may.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Mr. Rivera, does this yellow dot here indicate where you and Mr. Garcia waited?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And when you -- had you already seen Mr. Markel's home before you parked here?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And when he pulled out, did he pull out down this road right here?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay. And 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: All right. 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 out and left. So we kept losing him.
MS. CAPPLEMAN: All right. And when you talk about following Mr. Markel to the daycare on this first trip, who was driving when y'all followed him to the daycare?
LUIS RIVERA: Garcia.
MS. CAPPLEMAN: All right. Did y'all -- 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 see his car, to see if somebody was 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: Okay. 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, trying 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 -- for the kids. I ain't going to shoot nobody in front of 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: All right. why didn't the murder get done on the first trip? Is it because --
LUIS RIVERA: we lost him.
MS. CAPPLEMAN: Okay. Did you ever observe Mr. Markel in the first trip where he was, I guess, separated from his children?
LUIS RIVERA: Excuse me?
MS. CAPPLEMAN: Did you ever see him where he was in his car or 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, I guess, y'all went back to Miami, correct --
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: -- after the failed first trip? And 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 were going to come back?
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 had a call, and he said he got to do the job. we got to finish that job.
MS. CAPPLEMAN: Okay. 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 am going to show you what has been introduced into evidence as State's 82. Have you seen this exhibit before?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Is this the rental agreement that you -- where you rented this car?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: It was a green Prius, right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And whose phone number is this up here listed as brother? Do you know?
LUIS RIVERA: I can't remember.
MS. CAPPLEMAN: And I will read it to you (786)372-5986?
LUIS RIVERA: I can't remember.
MS. CAPPLEMAN: Okay. who went with you to rent the Prius, if anyone?
LUIS RIVERA: It was me and Garcia. He waited for me in the corner. I went in and gave them $300 and rented the 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: The same hotel.
MS. CAPPLEMAN: Okay. I am going to show you what I have marked as = =State's Exhibit 83. Do you 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: All right. Judge, at this time I would ask to move into evidence State's Exhibit 83 which is accompanied by a certification or declaration of authenticity by the folks at the Budget Inn.
JUDGE HANKINSON: Budget Inn, is that the name?
MS. CAPPLEMAN: Yes, sir.
JUDGE HANKINSON: Is there objection?
MR. ZANGENEH: Just to confirm, this is on the July 16th, 2014; that is this one, correct?
MS. CAPPLEMAN: Correct.
MR. ZANGENEH: Okay. No objection from Mr. Garcia.
MS. KAWASS: No objection.
JUDGE HANKINSON: It will be admitted.
(State's Exhibit 83 received in evidence.)
MS. CAPPLEMAN: May I publish?
JUDGE HANKINSON: You may.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. So you arrived on July 16th; is that correct?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And this is your name and address and so forth?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay. What about this phone number? There is another phone number on here. Do you know who that belongs to? Is that a real phone number?
LUIS RIVERA: I don't think so.
MS. CAPPLEMAN: You don't think so?
LUIS RIVERA: It is not a real phone number at all.
MS. CAPPLEMAN: Okay. 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: woke up, took a ride towards Markel's house that Thursday morning, and went around the house. As soon as we went around the house, we came back around, and we seen a lady walking through.
MS. CAPPLEMAN: where was the lady?
LUIS RIVERA: She was -- she was towards my right-hand side towards his house, Markel's house.
MS. CAPPLEMAN: Towards whose house? Towards Markel's house?
LUIS RIVERA: Uh-huh.
MS. CAPPLEMAN: Okay. was she in the street, on the sidewalk, or something else?
LUIS RIVERA: Sidewalk.
MS. CAPPLEMAN: Okay. Did she have children with her?
LUIS RIVERA: Yes, ma'am, two.
MS. CAPPLEMAN: All right. What happened when you saw this lady? Did she see you?
LUIS RIVERA: Yeah, she looked at the car. I was driving, and as I looked in my rearview, I seen her looking.
MS. CAPPLEMAN: Uh-huh.
LUIS RIVERA: So I --
MS. CAPPLEMAN: what happened next?
LUIS RIVERA: I asked Garcia, so this lady, why is she looking at the car? That's that lady with the kids, man.
MS. CAPPLEMAN: So you asked Garcia, hey, who is 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: And 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: Were you concerned -- did you ever ask Garcia, who knows that I am involved in this job with you?
LUIS RIVERA: I can't remember.
MS. CAPPLEMAN: You can't remember that?
LUIS RIVERA: No.
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: Okay. Did Garcia make a phone call about seeing the lady?
LUIS RIVERA: well, I am looking through the rearview mirror, and I seen her making a phone call. I seen her getting on the phone.
MS. CAPPLEMAN: Okay. 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 she is like -- the way he was talking, it was 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 when he spoke to her, she like, yeah, y'all 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?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay. And were you able -- you said that you believed Garcia called Katie. Could you actually hear her, or you could only hear his end of the conversation?
LUIS RIVERA: I am hearing his end of the conversation right now.
MS. CAPPLEMAN: All right. And tell us about his end of the conversation. what did you hear?
LUIS RIVERA: He like, we just got to go. Like, let's get out of here.
MS. CAPPLEMAN: Okay. 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: Garcia told me.
MS. CAPPLEMAN: And how did he know that?
LUIS RIVERA: Katie told him.
MS. CAPPLEMAN: And when Katie told him that, was that something that happened while you were present, or something that he already knew before y'all arrived there?
LUIS RIVERA: No, I was present. I was in the car.
MS. CAPPLEMAN: Okay. 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: It was a picture of 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, just like that.
MS. CAPPLEMAN: 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: Oh, Katie, it is 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.
MS. CAPPLEMAN: Okay.
LUIS RIVERA: He came outside and told me.
MS. CAPPLEMAN: He came outside and told you to take it down?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: All right. And did you all have contact with that same gentleman that y'all saw the first trip, Shoddrick Nobles, did y'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, the .38.
MS. CAPPLEMAN: The murder weapon?
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: No, we 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? And 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. He hit the gas line. So we pushed it right to the side of the road to like a little ~=parking lot. He left with Shoddrick to Auto Zone 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: Garcia.
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, ma'am.
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 18th, 2014. 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 house.
MS. CAPPLEMAN: All right. And was Mr. Markel -- was his vehicle there?
LUIS RIVERA: That's that Friday?
MS. CAPPLEMAN: Yes, sir.
LUIS RIVERA: His vehicle -- we had pulled -- we passed by. we didn't see it. So we went to the corner, the same spot by the park. we posted up and waited for him to come around. So once I seen him, we followed him.
MS. CAPPLEMAN: where did you follow him?
LUIS RIVERA: All the way to the daycare.
MS. CAPPLEMAN: All right. 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 from the daycare?
LUIS RIVERA: To the gym.
MS. CAPPLEMAN: All right. And are you still driving at this point?
LUIS RIVERA: I am 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: 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: Okay. Have you seen the Premier gym video?
LUIS RIVERA: I 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: And was that you in that vehicle?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And Mr. Garcia?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: what happened once Mr. Markel came out of the gym?
LUIS RIVERA: we followed him all the way back to his 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 seen them.
MS. CAPPLEMAN: All right. And is that y'all both before and right after the murder of Mr. Markel?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. Did -- on the way to the murder, I see only your car, the Prius, turning on to Betton Road. I do not see Mr. Markel's. why is that?
LUIS RIVERA: when the -- he went one way, and we 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 Betton?
LUIS RIVERA: Yeah, 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 pulled 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: As soon as we pulled in, Garcia jumped out -- jumped out of the car and went around, not around but in front of my -- in front of the car, right behind his car and in front of the car I was driving, went to the driver's side and shot him.
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: All right. 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?
LUIS RIVERA: No.
MS. CAPPLEMAN: 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 is wearing?
LUIS RIVERA: Garcia, he is 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.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: On the bus video that we talked about a little earlier, in the moments after the homicide there is some, like, animated movement that is seen in the passenger side of the Prius. Can you tell us what that -- what that was -- what was happening at that time?
LUIS RIVERA: He was 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's 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: Ain't no telling, one of them 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 the 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: All right. Have you seen the ATM images in this case?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: I am showing you State's Exhibit 42. Have you seen this before?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: who is that?
LUIS RIVERA: That's me.
MS. CAPPLEMAN: who is that?
LUIS RIVERA: Garcia.
MS. CAPPLEMAN: what car is this?
LUIS RIVERA: The Prius.
MS. CAPPLEMAN: And that's the day of the homicide?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Sir?
LUIS RIVERA: 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 of hundred dollars already for the murder?
LUIS RIVERA: we had ran out.
MS. CAPPLEMAN: Y'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 when the phone call was made?
LUIS RIVERA: I was -- I was driving toward -- we was driving back ~=to Miami.
MS. CAPPLEMAN: All right. And who was the first phone call -- did he receive a phone call, or he made a phone call? If you know?
LUIS RIVERA: I can't 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?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: 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 was -- how do you know that that call was to Katie?
LUIS RIVERA: Because when he was speaking, he like, hey, the shit is done. She goes, I already know it is done.
MS. CAPPLEMAN: All right. And when she said, I already know it is 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: Because I am in the car with him. The windows are up, and she is on the phone.
MS. CAPPLEMAN: So her voice was loud enough through the receiver that you were able to hear her?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: 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 already finished. She goes, I already know it is done.
MS. CAPPLEMAN: All right. And then what?
LUIS RIVERA: And then we asked for our money. Like, where the money at? She said, you will get it tomorrow.
MS. CAPPLEMAN: who said, you will 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 will get the money -- what exactly did she say? I am not sure you have said that yet.
LUIS RIVERA: You will get the money tomorrow.
MS. CAPPLEMAN: You will 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 is going to get the money, and you were going to get it tomorrow?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And did you get the money the next day?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: That is going to be Saturday the 19th?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: July 19th, 2014?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: Your financial records indicate that you went to Big Daddy's the night of the murder. Is that a place in Miami?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: what kind of place is that?
LUIS RIVERA: Big Daddy's, you got a bar, and then you got Flanigan's right next to it.
MS. CAPPLEMAN: Okay. Is Flanigan's also a bar, or is that something else?
LUIS RIVERA: It is together.
MS. CAPPLEMAN: Okay.
LUIS RIVERA: Yeah, it is a bar. It is a sport 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: Forty grand.
MS. CAPPLEMAN: Forty 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.
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: when -- I asked Garcia. He gave me thirty-five. And he is getting forty. 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. Tell us about that.
LUIS RIVERA: I was in a barbershop the next morning. I get a phone call from Katie. Hey, where is Tuto? where is 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 usual 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 is Tuto? Did you know where Tuto was?
MS. KAWASS: Objection, leading, Your Honor.
LUIS RIVERA: Yes.
JUDGE HANKINSON: Overruled.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: And where was Tuto?
LUIS RIVERA: At Shrimp's house.
MS. CAPPLEMAN: And who is Shrimp?
LUIS RIVERA: His girlfriend.
MS. CAPPLEMAN: Okay. So that is 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, who is going to come get this money? I said, he is. He will 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 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 -- 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 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 him.
MS. CAPPLEMAN: All right. So you were told it was thirty-five thousand?
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: Stap led?
LUIS RIVERA: A thousand dollars 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 a thousand dollars each was stapled.
MS. CAPPLEMAN: Okay. So you had a bunch of stacks of hundred dollar 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 is his number?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: (305)762-0648?
LUIS RIVERA: That's his number.
MS. CAPPLEMAN: All right. Did you get any additional money other -- 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 thirty-five 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: Like what?
LUIS RIVERA: Like cars, motorcycles.
MS. CAPPLEMAN: what about you, did you buy any toys?
LUIS RIVERA: Yeah, I bought a motorcycle.
MS. CAPPLEMAN: I am going to approach with State's Exhibits 48 and 49. Let's start with 48. Do you recognize that exhibit?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: How do you recognize it?
LUIS RIVERA: That is Garcia's motorcycle, and the Monte Carlo is his.
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 would ask to introduce State's 48.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: Judge, if I may?
JUDGE HANKINSON: You may.
MR. ZANGENEH: Judge, I am going to object as to authentication. Mr. --
JUDGE HANKINSON: I will overrule that objection.
MS. KAWASS: No objection.
(State's Exhibit 48 received in evidence.)
MS. CAPPLEMAN: May I publish?
JUDGE HANKINSON: You may.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. Mr. Rivera, there are a couple of motorcycles in this photo. Did Mr. Garcia purchase both of those with the money from this murder?
LUIS RIVERA: No, just one.
MS. CAPPLEMAN: which one?
LUIS RIVERA: The yellow one, the yellow and black one.
MS. CAPPLEMAN: This one in the front?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And what about this vehicle back here, did he purchase that with money from the murder?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: State's Exhibit 49, do you recognize that?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: what does that show?
LUIS RIVERA: Me and Garcia and 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: Judge, at this time I would ask to move into evidence State's 49.
JUDGE HANKINSON: Any objection?
MR. ZANGENEH: No objection.
MS. KAWASS: No objection.
JUDGE HANKINSON: It will be admitted. 49 will be admitted.
(State's Exhibit 49 received in evidence.)
BY MS. CAPPLEMAN:
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. And did you change the number because it might have been associated with a homicide?
LUIS RIVERA: Yes, ma'am.
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: And was it turned in on time?
LUIS RIVERA: No.
MS. CAPPLEMAN: Tell us about that.
LUIS RIVERA: well, Garcia used it at night. We went out. 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. Sol had to go over there and look for it. I found it like a block and a half away from where he live at on Miami Beach.
MS. CAPPLEMAN: All right. 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 13 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 homegirls.
MS. CAPPLEMAN: Say that again?
LUIS RIVERA: I heard it before.
MS. CAPPLEMAN: Okay. were you -- did 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: Detective who, Newman?
MS. CAPPLEMAN: Newlin, Investigator Jason Newlin, did you meet with him?
LUIS RIVERA: Yeah, I met with him.
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? Do you remember that?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. I am going to approach with State's Exhibit 138. One moment, please, Your Honor.
JUDGE HANKINSON: All right. The jury needs to take a break. we will take 10 minutes. Either side need anything?
MR. DECOSTE: No, Your Honor.
MR. ZANGENEH: No, Judge. Thank you. You said 10 minutes?
JUDGE HANKINSON: Ten minutes.
MR. ZANGENEH: Thank you.
(Jury exits the courtroom.)
(Court is in recess.)
JUDGE HANKINSON: Let's have the jury, please.
(jury enters the courtroom.)
JUDGE HANKINSON: Everybody be seated, please. You may proceed, Ms. Cappleman.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Mr. Rivera, when we broke, 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: I am going to approach with what I have marked as State's 179. Do you recognize this sheet?
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 checkmarks? What do these checkmarks indicate?
LUIS RIVERA: Voices.
MS. CAPPLEMAN: All right. So on each of these letter phone calls, were you able to authenticate the voices that are highlighted?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: So, for example, on call D, you were asked to listen to see if that --
MS. KAWASS: Objection, Your Honor. She hasn't moved this into evidence yet --
JUDGE HANKINSON: Overruled.
MS. KAWASS: -- and she is talking about the document.
JUDGE HANKINSON: Overruled.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: So, for example, on call D you were asked to identify the voice of -- there are two voices on there. And you were asked to identify the one that is highlighted, correct?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And does the checkmark indicate that you were able to identify the highlighted voice?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay. And on these calls, such as call K, there are two names highlighted there, Katie and Garcia. Does the checkmark indicate you were able to authenticate both of those voices?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And the ones that have checkmarks by 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 is referencing Sigfredo Garcia's voice?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And all the checkmarks indicate that you have authenticated those voices on those particular calls?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Judge, at this time I would ask to introduce State's 179.
JUDGE HANKINSON: Is there objection?
MS. KAWASS: Yes, Your Honor. First, I have never been shown what Ms. Cappleman is referring to. And if you want to go sidebar, I will lay my other objections. Improper foundation.
JUDGE HANKINSON: we will go sidebar.
(Sidebar conference as follows:)
MS. KAWASS: AS to Ms. Magbanua, the witness already testified that he doesn't really know her. They don't talk on the phone. Therefore, he does not have the proper foundation to give an opinion as to what her voice sounds like, and this individual was not privy to any of these phone calls. So it is an improper opinion testimony, and he is not an expert.
JUDGE HANKINSON: Okay. I will overrule that objection, but you are claiming a discovery violation. Do you want to be heard on that?
MS. KAWASS: Yes, Your Honor.
JUDGE HANKINSON: Step forward a little bit so you are not talking to the jury.
MS. KAWASS: Yes, because the State was seeking to introduce a document that I have never seen before in my life.
JUDGE HANKINSON: Okay. Consider this a Richardson hearing. Ms. Cappleman, you can respond.
MS. CAPPLEMAN: Yes, sir. The State's Exhibit, I am sorry, 179 lists all of the calls that the State is intending to introduce through a later witness on the wire. In lieu of recalling this witness to go through each call to authenticate the voices, the State has generated this exhibit purely for that purpose, to authenticate those particular voices that are highlighted on those particular highlighted calls.
JUDGE HANKINSON: The question is, why this wasn't given up in discovery, or was it?
MS. CAPPLEMAN: The exhibit was provided in discovery. The checkmarks from Mr. Rivera I don't think I ever provided.
MS. KAWASS: This list was never provided, the phone -- the list of all of the phone calls was provided, but this summary was never provided to us.
JUDGE HANKINSON: we will need to clarify what documentation you have that that list was provided, Ms. Cappleman. we will deal with that at another time. I will reserve at this point in time.
MS. CAPPLEMAN: Okay.
(Sidebar conference concluded.)
BY MS. CAPPLEMAN:
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?
LUIS RIVERA: I can't remember.
MS. CAPPLEMAN: Do you remember giving a proffer in this case on October 4th, 2016?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And do you remember giving some statements about Garcia having a lot of phone contact with Ms. Magbanua on that first trip?
MR. ZANGENEH: Objection, Judge, this is improper.
MS. KAWASS: Objection, Judge.
JUDGE HANKINSON: Sustained.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: I am going to approach and show you the transcript of that proffer and ask you to read the question and answer. Are you able to read very well, Mr. Rivera?
LUIS RIVERA: No, can't read. Can't write.
MS. CAPPLEMAN: All right. Judge, I will ask for some guidance on that.
JUDGE HANKINSON: I don't give guidance, Ms. Cappleman.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Okay. well, the question is, right, how do you know = that?
MR. ZANGENEH: Judge, I am going to object to this as being patently improper.
JUDGE HANKINSON: Sustained.
MS. CAPPLEMAN: All right.
JUDGE HANKINSON: Move on, Ms. Cappleman.
MS. CAPPLEMAN: Yes, Sir.
BY MS. CAPPLEMAN:
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?
LUIS RIVERA: I can't remember.
MS. CAPPLEMAN: Okay. 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: No, I don't remember.
JUDGE HANKINSON: Slide forward a little bit more. I think you kind of backed up.
LUIS RIVERA: I am way on the mic.
BY MS. CAPPLEMAN:
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 when we was fixing to murder the guy.
MS. CAPPLEMAN: Okay. 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 are 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 am sorry?
LUIS RIVERA: The wendi family.
MS. CAPPLEMAN: wendi's family hired him?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: And how was wendi's family connected to Sigfredo Garcia?
LUIS RIVERA: Because 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: Because he told me.
MS. CAPPLEMAN: And Katie got paid?
LUIS RIVERA: Yes, ma'am.
MR. ZANGENEH: Objection as to leading.
JUDGE HANKINSON: Sustained.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Do you know which member of the Adelson family -- do you know -- did you have any contact with any member --
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: -- of the Adelson family? 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 is wearing?
LUIS RIVERA: She is wearing gray and black.
MS. CAPPLEMAN: All right. Let the record reflect that the witness has identified --
JUDGE HANKINSON: Would you put your hand down, please, Ms. Cappleman. It makes it hard to hear you.
MS. CAPPLEMAN: The witness has identified -- sir?
JUDGE HANKINSON: It makes it hard to hear you when you have your hand up around your mouth.
MS. CAPPLEMAN: Yes, sir. The witness has identified defendant Magbanua. No further questions.
JUDGE HANKINSON: Cross?
MR. ZANGENEH: Just give me a second to set up, Your Honor.
JUDGE HANKINSON: Certainly.
(Pause. )
MR. ZANGENEH: If I may proceed, Judge?
JUDGE HANKINSON: You may.
MR. ZANGENEH: Thank you, Judge.
CROSS- EXAMINATION BY MR. ZANGENEH:
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 is from Latin King, and Tato is my nickname since I was a baby.
MR. ZANGENEH: You are 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?
LUIS RIVERA: Yes, sir.
MS. CAPPLEMAN: Objection, relevance.
JUDGE HANKINSON: Sustained.
MR. ZANGENEH: If I can explain sidebar, Judge, it goes -- material.
(Sidebar conference as follows:)
MR. ZANGENEH: Judge, our defense in this case is that Mr. Rivera used his gang organization connections to be able to facilitate this homicide, this murder for hire, without the involvement of my client. One of the things that we are going to bring out during our cross-examination of Mr. Rivera is that he is a Latin King legacy and that he has admitted that there is a code of conduct, a book of ethics within the organization like a manifesto the Latin Kings have that prohibits him from discussing his involvement with other Latin Kings in any crimes.
So it goes to our -- it goes to the premise of our defense that he involved other Latin Kings. And we're establishing the foundation that he has this long -- this relationship with the Latin Kings from birth. So it is -- in essence, the heart of our defense is to be able to establish a nexus between Luis Rivera and other Latin King members to be in a murder for hire.
Furthermore, he is serving a federal sentence, which the door has been opened, with regards to a racketeering charge. And the racketeering charge involves murder for hire -- I am sorry, murder, robbery, drug dealing, a whole cornucopia of things that are the nexus with his establishment as a Latin King.
MS. CAPPLEMAN: I agree that he is a Latin King, and my understanding of Your Honor's ruling was that that would be admissible in this trial, but that the details of that and trying to implicate other specific Latin King gang members would not be permitted unless there was some evidence of such; and there isn't any.
JUDGE HANKINSON: well, I sustained the objection because his family heritage has nothing to do with this. I have said you could explore his being a Latin King and relationship with Latin King, but the fact that he was born into it has no relevance here. what his father or his mother did has no relevance here; so let's move on. Okay.
MR. ZANGENEH: Judge, I want to make sure I am not violating your --
JUDGE HANKINSON: Okay.
MR. ZANGENEH: I can still go into the fact of his position as the primero of the Latin Kings?
JUDGE HANKINSON: Right.
MR. ZANGENEH: Okay.
JUDGE HANKINSON: But what I am talking about -- his family heritage has nothing to do with what we are doing here today.
MR. ZANGENEH: Yes, Judge. I just wanted clarification. All right.
(Sidebar conference concluded.)
MR. ZANGENEH: If I may continue, Your Honor?
JUDGE HANKINSON: You may proceed.
BY MR. ZANGENEH:
MR. ZANGENEH: 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?
MR. ZANGENEH: Or the federal case.
LUIS RIVERA: I was a leader.
MR. ZANGENEH: Now, correct me if I am wrong, but there are five designations of leaders in the Latin King organization, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. There are certain crowns, correct? There is 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 is a fourth crown which is called the treasurer?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Is there is a third crown which is called the enforcer?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: There is a second crown that is called -- I can't pronounce it. It is C-A-C-I-Q-U?
LUIS RIVERA: Caciqu.
MR. ZANGENEH: Okay. And then there is the Inca or the primero, the first crown, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And that's what 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 is not just a local organization; is that correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: There is 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 are 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: I was like 32.
MR. ZANGENEH: Thirty-two. 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 any members of the North Miami tribe were there in 2014?
LUIS RIVERA: I mean, that is a question for real?
MR. ZANGENEH: I am sorry, sir?
LUIS RIVERA: That is a serious question?
MR. ZANGENEH: I am 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 like 100.
MR. ZANGENEH: A hundred?
LUIS RIVERA: Probably.
MR. ZANGENEH: Does that include all of Miami, or is that just North Miami?
LUIS RIVERA: That is just North Miami.
MR. ZANGENEH: 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.
MR. ZANGENEH: Okay. Everywhere, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: well, I am 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, yes?
LUIS RIVERA: Yes.
MR. ZANGENEH: Because that is part of everywhere, right?
LUIS RIVERA: Yes, sir.
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?
LUIS RIVERA: I don't know.
MR. ZANGENEH: 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 am clear, when I asked you if there is Latin Kings --
JUDGE HANKINSON: That usually means you are going to repeat a question. Let's not repeat, Mr. Zangeneh.
BY MR. ZANGENEH:
MR. ZANGENEH: So out of all the places in Florida that have Latin Kings, the only place that you are 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 are 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 is associated with the Latin Kings in, let's say, Jacksonville? Could you do that?
LUIS RIVERA: If he is a leader, 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 is 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 is a state wide and national organization, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And you have been a leader of this organization pretty much your entire adult life, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: How do you become -- what do you need to do to become a Latin King?
LUIS RIVERA: I was born into it.
MR. ZANGENEH: what about, how do you get -- what is your definition of gangbang?
LUIS RIVERA: Gangbang?
MR. ZANGENEH: Yes, sir.
LUIS RIVERA: Latin King is a family, first and foremost a family. It is an organization that everybody take 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: No, 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: well, let me ask you this. Did you tell me on October -- I am sorry, on January 31st, 2018, that to get initiated into the gang, you just gangbanged. 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 gangbanging means, you said, survive in 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. I got to survive.
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 am 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. would the proceeds --
LUIS RIVERA: what proceed mean?
MR. ZANGENEH: Proceeds, like the money you make?
LUIS RIVERA: Okay.
MR. ZANGENEH: Okay. If there is ever a time where I ask a question that you don't understand what I am saying, let me know --
LUIS RIVERA: That's why I am doing it.
MR. ZANGENEH: -- and I will clarify just so I make sure that everybody is on the same page. All right?
LUIS RIVERA: I am doing it right now, sir.
MR. ZANGENEH: I am sorry?
LUIS RIVERA: I said, I am 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: That's the treasury. You put money in the treasury.
MR. ZANGENEH: Okay. So the answer is yes?
LUIS RIVERA: Yes.
MR. ZANGENEH: Now, to your knowledge -- well, let me ask it this way. Is there a -- like a manual or a book that your organization uses that has rules in it?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And 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 said KMC?
MR. ZANGENEH: Yes, sir.
LUIS RIVERA: It is AKMC, I am with the amor de rey.
MR. ZANGENEH: Okay. I am sorry. I can barely understand what you are saying. Can you say that a little bit louder, sir?
LUIS RIVERA: Amor de rey.
MR. ZANGENEH: And is that English or another language?
LUIS RIVERA: That is Spanish.
MR. ZANGENEH: Okay. And hence the name Latin Kings, correct?
LUIS RIVERA: Latin King.
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: That means almighty, almighty love.
MR. ZANGENEH: Almighty love. And that is your rulebook, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. 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 principals that is in your rulebook is that whatever activity you do within your organization should maintain within that organization; is that correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And whatever activity that you do, if it is illegal, you are not supposed to talk about it, correct?
LUIS RIVERA: Of course.
MR. ZANGENEH: 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. 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 rulebook?
LUIS RIVERA: Of course.
MS. CAPPLEMAN: Objection, relevance and hypothetical.
JUDGE HANKINSON: Overruled.
BY MR. ZANGENEH:
MR. ZANGENEH: Go ahead, sir.
LUIS RIVERA: Of course.
MR. ZANGENEH: what would be your punishment?
LUIS RIVERA: I am going through it right now. They are trying to kill me.
MR. ZANGENEH: They are going to try to kill you?
LUIS RIVERA: Yeah.
MR. ZANGENEH: So you'll agree with me than 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: The 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?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And it is the five points -- or 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, 2016.
MR. ZANGENEH: when in 2016?
LUIS RIVERA: Right when I came over here to cooperate.
MR. ZANGENEH: Okay. So at 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 am sorry. Let me ask the question this way. Where are you currently housed?
LUIS RIVERA: Arizona.
MR. ZANGENEH: Okay. And that is 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 -- sorry. I apologize. Strike that question. And so as part of your federal sentence, you have been designated by the Bureau of Prisons, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. And your designation in the Bureau of Prisons is in a federal facility in Arizona, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Now, for -- you'll agree with me that for inmates that they are concerned for their safety and welfare, there is a special portion of the federal facility that they can 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 a 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 are here in Leon County, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: So when you meant not right now, prior to them bringing you over here, when is the last time you were in the SHU?
LUIS RIVERA: In Leon County.
MR. ZANGENEH: I am sorry?
LUIS RIVERA: In Leon County.
MR. ZANGENEH: 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: In Arizona the prison name is called a dropout yard, or it is called a PC, protective custody. That's where they have me right now.
MR. ZANGENEH: So 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 -- by they -- well, let me rephrase that. You indicated earlier that if you testified against a Latin King, they would try to kill you, correct?
LUIS RIVERA: Testify against anybody.
MR. ZANGENEH: well, I am asking you, testifying against a Latin King?
JUDGE HANKINSON: I think he answered your question, Mr. Zangeneh. Do you have another question?
MR. ZANGENEH: Yes, Judge.
BY MR. ZANGENEH:
MR. ZANGENEH: what is a KOS order?
LUIS RIVERA: KOS?
MR. ZANGENEH: Yes.
LUIS RIVERA: KOS?
MR. ZANGENEH: Right.
LUIS RIVERA: Kill on sight.
MR. ZANGENEH: Kill on sight, 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: During your -- you're aware that at some point between September and November the U.S. government put a wire intercept on your federal indictment investigation on your phone; is that correct?
LUIS RIVERA: Yeah, I got caught. Yeah, I know.
MR. ZANGENEH: And what I am 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 will 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 of 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 late October of 2014 did you, Luis Rivera, initiate a series of phone calls asking for assistance from fellow Latin King gang members? Do you recall doing that?
LUIS RIVERA: Yes, sir.
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.
BY MR. ZANGENEH:
MR. ZANGENEH: Have you ever been involved -- other than the case that we are talking about, have you ever been involved in the distribution of narcotics?
MS. CAPPLEMAN: Objection, relevance.
JUDGE HANKINSON: Let's go sidebar, please.
(Sidebar conference as follows:)
JUDGE HANKINSON: The question is too broad. It had two things -- it involves criminal activity that he was prosecuted for under the federal indictment. I think that's fair game because that's part of the conduct that involves this plea bargain, but just to ask him what he has ever done wrong in his life, that is too broad and that is improper.
MR. ZANGENEH: Just so the Court understands, in my deposition with Mr. Rivera he indicated when I read off a laundry list --
JUDGE HANKINSON: Turn around so you are not facing the jury.
MR. ZANGENEH: Sorry. What I said -- what I questioned Mr. Rivera about is the -- I, in essence, went through what is on his factual proffer. And I asked him, did you do this, this, this, this? He denied all of it. I showed him his factual proffer. He goes, yeah, I signed it, but I didn't do any of it. That's all a lie. It is on my record, but I never did it. So he has, in essence, admitted that he signed a document in federal court after being questioned by a federal judge. There is an annotation in there that specifically says, I swear and affirm that everything --
JUDGE HANKINSON: what does that have to do with what we are talking about? You asked him a question, have you ever dealt drugs?
MR. ZANGENEH: Because that is one of the -- that is one of the things that is part of the factual proffer that he denies.
JUDGE HANKINSON: Well, I sustain the objection. That question is too broad. All right.
(Sidebar conference concluded.)
MR. ZANGENEH: May I inquire, Judge?
JUDGE HANKINSON: You may.
BY MR. ZANGENEH:
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: Probably 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 noticed because we have 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?
LUIS RIVERA: (Nods head.)
MR. ZANGENEH: Have you ever committed an armed robbery?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: 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 -- 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. You are not going to give him something to read.
MR. ZANGENEH: Judge, it is just to differentiate between the words yes and no.
JUDGE HANKINSON: No, proceed.
BY MR. ZANGENEH:
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, and Ms. Cappleman was there?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And there was a person that's called the court reporter that was taking notes of what you were saying?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Judge, I am going to refer to line 22 and 23.
BY MR. ZANGENEH:
MR. ZANGENEH: 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 now yes, correct?
JUDGE HANKINSON: The question is, do you recall that question and that answer?
BY MR. ZANGENEH:
MR. ZANGENEH: Do you recall that question --
JUDGE HANKINSON: That would be proper impeachment.
BY MR. ZANGENEH:
MR. ZANGENEH: 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.
BY 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 --
JUDGE HANKINSON: When are we talking --
BY MR. ZANGENEH:
MR. ZANGENEH: -- I believe October 4th?
JUDGE HANKINSON: I am sorry. I thought you were through with your question.
MR. ZANGENEH: No, sir, Judge.
BY MR. ZANGENEH:
MR. ZANGENEH: On October 4th, 2016, do you remember that?
Let me kind of refresh your recollection. You are sitting there. You got your lawyer, Mr. Collins, to your right. 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?
MR. ZANGENEH: Chuck Collins?
LUIS RIVERA: I think it was David Collins.
MR. ZANGENEH: Oh, so you do remember?
LUIS RIVERA: Yeah, I am trying to refresh my memory too.
MR. ZANGENEH: Is David the older or the younger gentleman?
LUIS RIVERA: David is the father.
MR. ZANGENEH: Is the father, okay. So you had David Collins to your right; do you remember that?
LUIS RIVERA: Yeah.
MR. ZANGENEH: Okay. And you're sitting at a table, right?
LUIS RIVERA: (Nods head.)
MR. ZANGENEH: And did they -- are you -- 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 4th of 2016 in the presence of your lawyer, with Detective Isom and Detective 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 made, you called yourself a jack boy. Do you remember that?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. What is a jack boy?
LUIS RIVERA: A jack boy is -- rob drug dealers.
MR. ZANGENEH: Rob drug dealers. 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. It is usually stashed somewhere in their house, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: So I am going to ask a series of questions with regards to this. 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 by using -- 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 knock on the door.
MR. ZANGENEH: You knock on the door, okay.
LUIS RIVERA: Yeah.
MR. ZANGENEH: And when they open the door, what do you do?
LUIS RIVERA: You 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 if there is kids in the house when you are committing an armed robbery of a drug dealer?
LUIS RIVERA: I do care if there are kids in the house. And when I do rob somebody, there is 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 going to be no kids in the house. we know the guy we are going to rob. That is it.
MR. ZANGENEH: You know the guy that you are going to 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 are telling me every time you hit a drug dealer you knew whether or not that there were kids in the house because you have those moral standards?
LUIS RIVERA: Yes, sir. I never hit nobody with no kids in no house.
MR. ZANGENEH: And you are saying that under oath to this jury?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And you understand what being under oath is, correct?
LUIS RIVERA: Go ahead. Explain it to me.
MR. ZANGENEH: I mean, at the beginning you raised your right hand. You swore to tell the truth, the whole truth, and nothing but the truth, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. 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. Have you ever lied under oath?
LUIS RIVERA: No.
JUDGE HANKINSON: That's not a proper question, Mr. Zangeneh.
BY MR. ZANGENEH:
MR. ZANGENEH: Let me ask you, do you recall when you pled guilty in federal court, there was a document called a factual proffer; do you recall that?
LUIS RIVERA: Yeah, I heard.
MR. ZANGENEH: May I approach, Judge?
(Pause. )
MR. ZANGENEH: May I approach, Your Honor?
JUDGE HANKINSON: What purpose is it to show somebody that can't read a written document, Mr. Zangeneh?
MR. ZANGENEH: Judge, it has got his initials on it. It has his signature.
JUDGE HANKINSON: All right.
MR. ZANGENEH: It has a date.
JUDGE HANKINSON: All right. Go ahead.
BY MR. ZANGENEH:
MR. ZANGENEH: Mr. Rivera, I am showing you what has been marked as Defense Exhibit 2.
JUDGE HANKINSON: we already have a Defense Exhibit 2 unless we are going to do separate documents for Garcia and Magbanua.
MR. ZANGENEH: It is under Garcia, Judge. I apologize. It has been marked as Garcia No. 2. Do you want me to change that, Your Honor?
JUDGE HANKINSON: That will be okay for now. we can discuss that later.
BY MR. ZANGENEH:
MR. ZANGENEH: Now, you indicated that you can't read; but 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: Okay. Is that your signature in the bottom right-hand corner?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: I am sorry, your initials?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: On page 1. Are these your initials on page 2?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Are these your initials on page 3?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Are these your initials on page 4, sir?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And whose signature is that?
LUIS RIVERA: Mines.
MR. ZANGENEH: And can you read numbers?
LUIS RIVERA: Yeah.
MR. ZANGENEH: what number is that?
LUIS RIVERA: 11-6-15.
MR. ZANGENEH: So on November 6th, 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 will move Defense Exhibit 2 under Garcia into evidence.
JUDGE HANKINSON: Is there objection?
MS. CAPPLEMAN: Objection, hearsay.
MR. ZANGENEH: It is for impeachment purposes, Your Honor.
JUDGE HANKINSON: I will sustain the objection at this point in time. I fail to see the relevance, but move on, Mr. Zangeneh.
BY MR. ZANGENEH:
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 than even though it is on your record, that 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 is 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. Yes, he did.
MR. ZANGENEH: word for word, right?
LUIS RIVERA: Not word for word, but he told me -- he explained to me.
MR. ZANGENEH: Okay.
JUDGE HANKINSON: I sustained the objection, Mr. Zangeneh. Let's move on.
MR. ZANGENEH: Which objection, Your Honor?
JUDGE HANKINSON: I found it is not relevant. Move on.
MR. ZANGENEH: Give me just one second, Judge.
JUDGE HANKINSON: Sure.
(Pause. )
BY MR. ZANGENEH:
MR. ZANGENEH: Mr. Garcia -- I am 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?
LUIS RIVERA: Yes, sir.
MS. CAPPLEMAN: Objection, relevance.
JUDGE HANKINSON: Overruled.
LUIS RIVERA: Yes, sir.
BY MR. ZANGENEH:
MR. ZANGENEH: You can answer that.
LUIS RIVERA: well, I got a question for you. I am here for another indictment?
MR. ZANGENEH: well, Judge -- sorry, Judge, I am objecting to the witness asking questions of the attorney.
JUDGE HANKINSON: Ask another question.
BY MR. ZANGENEH:
MR. ZANGENEH: So if you could answer that -- the question that I just asked you?
JUDGE HANKINSON: Ask your question again, please.
BY MR. ZANGENEH:
MR. ZANGENEH: Sure. No problem. Mr. Rivera, have you ever instilled 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.
MS. CAPPLEMAN: Objection, relevance.
JUDGE HANKINSON: I'll overrule the objection.
BY MR. ZANGENEH:
MR. ZANGENEH: So you can answer that question.
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: So in a 30-day period --
JUDGE HANKINSON: You have asked it once, and he has answered it once.
MR. ZANGENEH: Thank you, Judge. Yes, sir.
JUDGE HANKINSON: we don't need to do it twice.
MR. ZANGENEH: No problem, Judge. Thank you.
BY MR. ZANGENEH:
MR. ZANGENEH: 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 --
LUIS RIVERA: Torres.
MR. ZANGENEH: Anthony Torres, did he have a king name?
LUIS RIVERA: Jibaro.
MR. ZANGENEH: And is he still alive?
LUIS RIVERA: He is 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 it, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: She has his numbers, right?
LUIS RIVERA: Yes, sir.
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: All right. So let's get to June 4th, okay. Actually, let's get to June 3rd. Do you remember what time Sigfredo came up to you and told you that he had a job for you in Tallahassee?
LUIS RIVERA: That was late night, maybe like about 10:00, 11 o'clock at night, somewhere around there.
MR. ZANGENEH: Okay. And 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, okay. So let's just be -- 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 am saying like between 9:00 to 11:00 we was out the way.
MR. ZANGENEH: Okay. 9:00 to 11:00 p.m.?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And this is when Sigfredo Garcia came to you with a rented -- 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 he told you, you had a job, right?
LUIS RIVERA: Yes.
MR. ZANGENEH: Okay. And when did he tell you, you had that job?
LUIS RIVERA: At my house.
MR. ZANGENEH: Okay. And from there -- and 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 can call -- did you have your own personal firearm?
LUIS RIVERA: No, I went and bought one.
MR. ZANGENEH: 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 the day --
LUIS RIVERA: I always 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 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 are going to commit -- whether it is 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 did 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 guy.
MR. ZANGENEH: Black guy. 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: Are we here for the murder case or for the Latin King case?
MR. ZANGENEH: I think it is 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. You talking about -- you keep talking about the Latin Kings when it ain't got nothing to do with the murder -- with the murder.
MR. ZANGENEH: well, hold on. But you are King Tato, right?
LUIS RIVERA: Yeah, but it don't got nothing to do with the murder.
MR. ZANGENEH: According to you, right?
LUIS RIVERA: Don't --
MR. ZANGENEH: Because if you were --
JUDGE HANKINSON: Wait a minute. Wait a minute. Stop. Ask another question, Mr. Zangeneh. Answer the question, please.
BY MR. ZANGENEH:
MR. ZANGENEH: Is there a portion of the Latin King manifesto which suggests that if you were to buy a gun to commit a crime, you would buy it from another king to make sure you don't get in trouble?
LUIS RIVERA: No, you can buy it from whoever you want to buy it from.
MR. ZANGENEH: You have 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 are cooperating now, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. So you understand there is informants and cooperators everywhere, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Correct?
LUIS RIVERA: 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, because that don't got nothing to do with what I am 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, you can say that.
MR. ZANGENEH: So did you go -- where did you go buy the bullets?
LUIS RIVERA: In a gun store.
MR. ZANGENEH: So you didn't ask the same -- the corner to throw you some bullets in?
LUIS RIVERA: No.
MR. ZANGENEH: Okay. So you go to the gun store, and do you buy a pack of bullets?
LUIS RIVERA: Single bullets.
MR. ZANGENEH: You buy single bullets?
LUIS RIVERA: (Nods head.)
MR. ZANGENEH: 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 them an ID.
MR. ZANGENEH: And you bought a single bullet?
LUIS RIVERA: No, we bought a few bullets.
MR. ZANGENEH: You bought three bullets?
LUIS RIVERA: A few bullets, like 15 bullets.
MR. ZANGENEH: I am sorry. TI misunderstood.
LUIS RIVERA: You want me to give you the number, correct?
MR. ZANGENEH: well, it is 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?
LUIS RIVERA: I had an old Mercedes.
MR. ZANGENEH: An old Mercedes?
LUIS RIVERA: Yeah.
MR. ZANGENEH: Okay. So you drive your own car to the hood. At this time you already knew you needed the gun to commit this -- to commit whatever crime you thought was going -- that you were going to do, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. And you chose -- and Garcia is right there with the rental car, right? Right?
LUIS RIVERA: when I bought the gun?
MR. ZANGENEH: Right.
LUIS RIVERA: when I bought the gun, he was with -- come on. Come back. Come back. Come back with me, man.
MR. ZANGENEH: Okay. 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.
MR. ZANGENEH: Okay.
LUIS RIVERA: I think I told you that already.
MR. ZANGENEH: well, I am just trying to create a timeline.
LUIS RIVERA: Yeah, but you're going back and forth trying to confuse me. We're not going to do that. Just come on.
MR. ZANGENEH: I am not trying to -- I am trying to ask a very simple question. He tells you, you have a job, right? Right?
LUIS RIVERA: Yeah.
MR. ZANGENEH: Okay. You assume this is a violent job, right, that is 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 are you on your Miami Beach house?
LUIS RIVERA: I am living with Jessica.
MR. ZANGENEH: Okay. So you go -- it is 130 5th Street?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: So where did you go? The pork and beans -- which hood did you go to?
LUIS RIVERA: It's right around the corner. I live in the 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?
LUIS RIVERA: Man, you confused me right there though. I think I went with Garcia in the car.
MR. ZANGENEH: Okay.
LUIS RIVERA: I can't remember.
MR. ZANGENEH: Okay.
LUIS RIVERA: I can't remember.
MR. ZANGENEH: Okay. So after you get the bullets, do you guys head up north?
LUIS RIVERA: we got the bullets the next day, man.
MR. ZANGENEH: Okay.
LUIS RIVERA: Let me refresh my memory. You're going back and forth on me.
MR. ZANGENEH: No, listen, take your time. Take your time.
LUIS RIVERA: I got nothing but time. I got 19 years.
MR. ZANGENEH: Can't take that long.
JUDGE HANKINSON: Mr. Zangeneh, ask a question.
BY MR. ZANGENEH:
MR. ZANGENEH: 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, sir. 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 he told me about it.
MR. ZANGENEH: Okay, the same night. So you went down to the corner, got the gun, and then got your bullets, and then headed up north, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: 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.
LUIS RIVERA: And snorting coke.
MR. ZANGENEH: Okay. well, that's what I am 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?
LUIS RIVERA: Sigfredo.
MR. ZANGENEH: I am sorry -- Mr. Garcia. I apologize, Judge.
BY MR. ZANGENEH:
MR. ZANGENEH: Mr. Garcia -- who was doing more coke, you or him?
LUIS RIVERA: Him.
MR. ZANGENEH: Okay. Like a little bit or a lot more?
LUIS RIVERA: It's a lot -- no, 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: I 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 is how many grams?
LUIS RIVERA: 3.5.
MR. ZANGENEH: So 3.5 is one eight ball. So you took a little bit more. So, let's say, would about five grams sound about right?
LUIS RIVERA: Probably.
MR. ZANGENEH: So it is your testimony that as an experienced gang member you get in a rental car --
JUDGE HANKINSON: Sounds like we are about to repeat what has been said, Mr. Zangeneh. we are not going to keep repeating everything twice. Let's move on, please.
MR. ZANGENEH: Okay.
BY MR. ZANGENEH:
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 remember what number exhibit this is. I was going to introduce it, but you introduced it before me.
MS. CAPPLEMAN: Is it the ticket?
MR. ZANGENEH: Yes.
MS. CAPPLEMAN: Give me just a minute.
MR. ZANGENEH: No problem.
BY MR. ZANGENEH:
MR. ZANGENEH: The government introduced this into evidence. I don't recall what the exhibit number is, Mr. Rivera.
MS. CAPPLEMAN: Ejighty-one.
BY MR. ZANGENEH:
MR. ZANGENEH: Government's Exhibit 81, which is going to be popping up on the screen. It is a copy of the citation. There we go. Your name is 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. The location on your driver's license has your address as 1805 Normandy Drive, Apartment 3; is that correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: That's in Miami Beach, Florida; is that correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: How long had you lived in Miami Beach?
LUIS RIVERA: My whole life.
MR. ZANGENEH: You were born April 25th, 1983?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: You are a Hispanic male, and you are 5'4"?
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 9 o'clock in the morning, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Now, the officer that pulled you over is a Florida -- it was a 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 is 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.
MR. ZANGENEH: And it was at 9:12 a.m., correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Now, that citation took place -- where does it say it, on a mile marker in Gainesville, right here, I-75 northbound, mile marker 374; is that correct?
LUIS RIVERA: I --
MR. ZANGENEH: Let me go ahead and zoom that in for you.
LUIS RIVERA: He is telling me where to go. TI don't know even know where I was at.
MR. ZANGENEH: And who is he?
LUIS RIVERA: Garcia.
MR. ZANGENEH: Garcia. Did he have his GPS on his phone?
LUIS RIVERA: No, in his brain.
MR. ZANGENEH: In his brain. 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 location; 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, never even crossed 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.
BY MR. ZANGENEH:
MR. ZANGENEH: what about Mr. Garcia? 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: we bought 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, that means more than two?
LUIS RIVERA: of course, it is more than two, but I can't remember how many.
MR. ZANGENEH: And 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. Took me a bunch of hours. I don't remember though.
MR. ZANGENEH: And during that time did you guys consume all the alcoholic beverages that you had from Miami to Gainesville, or did you have more alcohol after you got pulled over?
LUIS RIVERA: No, I think we had drank them all already.
MR. ZANGENEH: So 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: we went straight to the hotel. we went to go rent a hotel that day.
MR. ZANGENEH: You went to rent a hotel. Okay. 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 much of the cocaine did you have left; do you remember?
LUIS RIVERA: No, I can't remember.
MR. ZANGENEH: Do you think you had 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, I didn't sleep.
MR. ZANGENEH: Okay. And the night before you didn't know that this was going to be occurring, right? You found out that day, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. So you had been up all day and all night?
LUIS RIVERA: Driving.
MR. ZANGENEH: 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 is also your testimony that somewhere after Orlando that Mr. Garcia, according to you, tells you that this is a homicide, right?
LUIS RIVERA: was that the first trip or the second trip?
MR. ZANGENEH: First trip.
LUIS RIVERA: Okay.
MR. ZANGENEH: Right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: That's when you find out it is a homicide, the first --
LUIS RIVERA: I just wanted to make sure, sir.
MR. ZANGENEH: Okay. And it is your testimony to these jurors that he told you that he is going to give you either 30 or 35 stacks, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: It has 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 is 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 would pay you at the beginning, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. So he didn't tell you, hey, listen, I thought you were going to actually do the murder, and I had to do it. So I am going to give you -- man, I will give you 10 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: Yes, sir.
MR. ZANGENEH: Right?
LUIS RIVERA: Yes, sir.
JUDGE HANKINSON: when you find a good stopping point, Mr. Zangeneh --
MR. ZANGENEH: I can stop right now.
JUDGE HANKINSON: I think the jury has probably had enough for the day.
MR. ZANGENEH: Yes, Judge.
JUDGE HANKINSON: I mean, I wasn't saying stop right this moment. Just find a good stopping point.
MR. ZANGENEH: Absolutely. If you think the jury is done for the day, we will pick back up tomorrow. My pleasure, sir.
JUDGE HANKINSON: So it is a decent stopping point?
MR. ZANGENEH: That's fine, absolutely.
JUDGE HANKINSON: Okay. I think we probably reached a point where things -- hard to keep your concentration. Don't discuss the case with anyone. Don't let anyone discuss the case with you. 8:45 tomorrow, everybody probably knows the drill pretty well by now. we will see y'all in the morning.
(Jury exits the courtroom.)
JUDGE HANKINSON: Either side have any issues?
MS. CAPPLEMAN: No, Your Honor.
MR. DECOSTE: Just the time for tomorrow for the attorneys.
JUDGE HANKINSON: Same time every day, 8:30.
MR. DECOSTE: Just checking. I just want to make sure, Your Honor.
JUDGE HANKINSON: All right. we need to resolve the discovery issue if the State is going to pursue putting in the list. I need to see some showing that the defense has been provided that discovery which is what I understood the State was seeing. We will take that up at 8:30. Anything else from anybody?
MS. KAWASS: Your Honor, on behalf of Ms. Magbanua, I know you had said that you wanted to see the attorneys for Mr. Rivera tomorrow morning. Is that still going to --
JUDGE HANKINSON: Yeah, I had forgotten we did that. Do we have the Collins coming at 8:30?
MS. CAPPLEMAN: Yes, sir.
JUDGE HANKINSON: All right. we will deal with that too.
MS. KAWASS: All right.
JUDGE HANKINSON: All right, 8:30.
MR. DECOSTE: Have a good night, Your Honor.
(Court is in recess at 5:00 p.m.)