Skip to content
Garcia–Magbanuatrial-daytrial-dayGeorgia CapplemanAnna NorrisChristopher DeCosteTara KawassSaam ZangenehElizabeth RicheyJonathan GrossmanKeith LelandShoddrick NoblesWaldo Mesa NunezLuis RiveraDaren SchwartzJustin Noble Willitscrossredirectjury_questiondirectDay 4 - October 2, 2019Rivera’s cross-examination concluded as the court ruled on evidence limits, followed by vehicle, travel, and firearms testimony.
← Day 3Garcia–MagbanuaDay 5 →

Day 4 - October 2, 2019

Rivera Cross-Examination, Vehicle Records, and Firearms Testimony

Judge James C. Hankinson
31Proceedings
8Pages
8Witnesses
5,318Lines
3Sidebars
Day 4 of 11
Appearing:

Rivera’s cross-examination concluded as the court ruled on evidence limits, followed by vehicle, travel, and firearms testimony.

Full day summary

Luis Rivera’s cross-examination continued with questioning about his prior statements, memory, plea agreement, the alleged cash payment, and his account of the Tallahassee trips. On redirect, Rivera testified about his account of Garcia, Magbanua, and the alleged payment arrangement. Before the jury entered and during the testimony, the court set limits on voice-identification materials and certain cross-examination subjects, excluded the written voice-identification summaries from the jury, and denied Magbanua’s severance and mistrial request. Later witnesses addressed a Prius, rental records, toll data, and observations near Creative Preschool. An FDOT investigator testified that filtered SunPass records showed one customer account with a Prius listed for the requested westbound and eastbound travel windows, while clarifying that the records linked a transponder to an account rather than a particular vehicle. An FDLE firearms analyst testified that two recovered bullets were fired from the same firearm and not from a firearm later submitted for testing.

Video thumbnail7:22:40
Watch →

1. Rivera Evidence Rulings; Luis Rivera — Cross (Continued)/Redirect

The court ruled on evidence and cross-examination limits before continued questioning of Luis Rivera challenged his memory, prior accounts, plea agreement, and alleged payment details. Rivera then gave redirect testimony about the alleged hiring and payment arrangement and answered one juror question.

Procedural
Voice-Identification Exhibit Ruling
38 lines

The court kept two written voice-identification exhibits from the jury but allowed testimony about which recordings witnesses identified.

Procedural
Rivera Cross-Examination Limits and Recollection Procedure
51 lines

The court set limits for cross-examining Luis Rivera, allowed focused mental-health questioning, and established an outside-the-jury procedure for refreshing his recollection.

Cross
Luis Rivera - Cross Luis Rivera Saam Zangeneh
945 lines

Garcia's counsel challenged Rivera's memory, literacy, prior accounts, and cooperation incentives; the court admitted two defense letters and limited several questions.

2 sidebars inside this proceeding
  1. Rivera Statement AdmissionCounsel sought to admit Mr. Rivera's October 4, 2016 statement to law enforcement without publishing it to the jury at that time.
  2. Question About Remaining SilentThe court raised concern that a proposed question could draw a comment on the client's right to remain silent, and counsel withdrew it.
Cross
Luis Rivera - Cross Luis Rivera Tara Kawass
1260 lines

Kawass tested Rivera's cooperation incentives, memory, and prior accounts of the alleged planning, shooting, and payment; the court denied a mistrial motion during a sidebar.

1 sidebar inside this proceeding
  1. Mistrial Motion Over Cocaine TestimonyCounsel disputed testimony suggesting Garcia sold cocaine and the limits on further questioning about it.
Procedural
Rivera Impeachment, Cocaine Evidence, and Severance Rulings
51 lines

The court excluded proposed Rivera impeachment and cocaine-sale testimony, denied severance and mistrial, and clarified presentation of phone-call identifications.

Cross
Luis Rivera - Cross (Part 2) Luis Rivera Tara Kawass
683 lines

Kawass challenged Rivera's memory, prior accounts, convictions, and plea benefits; after a jury break, he confirmed several prior statements that differed from or omitted parts of his testimony.

Redirect
Luis Rivera - Redirect Luis Rivera Georgia Cappleman
351 lines

Rivera's redirect reinforced his account of the alleged murder plan, Magbanua's claimed intermediary role, and an alleged payment, while the court limited proposed gang-related prior-crimes evidence.

Jury Questions
Luis Rivera - Juror Questions Luis Rivera James C. Hankinson
20 lines

Rivera answered a jury question that he had not previously seen a photograph of wendi Adelson.

Highlights

2. Jonathan Grossman — Direct/Cross

Detective Jonathan Grossman described locating and inspecting a Toyota Prius, while cross-examination examined the rental records, inspection history, and photographs.

Direct
Jonathan Grossman - Direct Jonathan Grossman Georgia Cappleman
83 lines

Jonathan Grossman described inspections of a Toyota Prius and the court admitted photographs documenting the vehicle's floorboard and fuel-line area.

Cross
Jonathan Grossman - Cross Jonathan Grossman Saam Zangeneh
72 lines

Grossman acknowledged limits in his familiarity with the rental agreement and in the vehicle investigation's scope and initial inspection.

Cross
Jonathan Grossman - Cross Jonathan Grossman Christopher DeCoste
63 lines

Grossman identified the Prius photograph totals and said he did not recall details of a black Lexus inquiry.

Jury Questions
Jonathan Grossman - Juror Questions Jonathan Grossman James C. Hankinson
51 lines

Grossman answered juror questions about the Prius's VIN match and prior paint color.

3. Keith Leland — Direct/Cross

Keith Leland described seeing Dan Markel at Creative Preschool and a Prius parked outside on the day of the homicide.

Direct
Keith Leland - Direct Keith Leland Georgia Cappleman
88 lines

Keith Leland described Markel's preschool visit on the day of the homicide and his observation of a Prius outside the building.

Cross
Keith Leland - Cross Keith Leland Saam Zangeneh
20 lines

Leland said he could not see the Prius occupants and saw no one get out of the vehicle.

Cross
Keith Leland - Cross Keith Leland Christopher DeCoste
33 lines

Leland described the preschool's attendance-record practices and acknowledged occasional missing parent signatures.

Jury Questions
Keith Leland - Juror Questions Keith Leland James C. Hankinson
35 lines

Leland said the observed Prius was on preschool property and differed in color from a parent's Prius; police contacted the preschool.

Jury Questions
Keith Leland - Juror Question Follow-up by the State Keith Leland Georgia Cappleman
24 lines

Leland said his report of seeing a green Prius came years after law enforcement's initial child-safety inquiry.

Jury Questions
Keith Leland - Juror Questions (Resumed) Keith Leland James C. Hankinson
17 lines

The court released Keith Leland after no further questions and took a 10-minute recess.

4. Shoddrick Nobles — Direct/Cross/Redirect

Shoddrick Nobles described two 2014 encounters with Garcia and another man, then faced cross-examination about the motel, cocaine, a gun, and his criminal history.

Direct
Shoddrick Nobles - Direct Shoddrick Nobles Georgia Cappleman
298 lines

Nobles identified Garcia and described helping two men with a vehicle and a Rodeway Inn room; the motel record was admitted.

Cross
Shoddrick Nobles - Cross Shoddrick Nobles Saam Zangeneh
264 lines

Garcia's counsel challenged Nobles's account of the motel encounter, cocaine acquisition, police contact, and probation history; Nobles said he did not see Garcia with a gun.

Cross
Shoddrick Nobles - Cross Shoddrick Nobles Christopher DeCoste
81 lines

DeCoste challenged Nobles's account of an unidentified woman, cocaine acquisition, and his probation history; Nobles denied knowing whether he received favorable treatment.

Redirect
Shoddrick Nobles - Redirect Shoddrick Nobles Georgia Cappleman
16 lines

Nobles confirmed the delay before law-enforcement contact; the court clarified that his probation history included no adjudication of guilt.

6. Waldo Mesa Nunez — Direct/Cross

Waldo Mesa Nunez authenticated rental records tied to Sigfredo Garcia, and the court admitted the related exhibits. Defense counsel then compared one agreement with a traffic citation naming Luis Manuel Rivera.

Direct
Waldo Mesa Nunez - Direct Waldo Mesa Nunez Anna Norris
170 lines

A former rental-car sales representative authenticated records showing two vehicles rented to Sigfredo Garcia on consecutive days.

Cross
Waldo Mesa Nunez - Cross Waldo Mesa Nunez Saam Zangeneh
103 lines

Cross-examination linked a traffic citation to the rental vehicle's license plate, while the witness said he could not say who used the car after rental.

7. Daren Schwartz — Direct/Cross

Daren Schwartz described GPS records for Luis Rivera's rental Prius; on cross-examination, he said he did not see Sigfredo Garcia enter the rental business.

Direct
Daren Schwartz - Direct Daren Schwartz Anna Norris
157 lines

Rental-car owner Daren Schwartz identified features and records for the Prius rented to Luis Rivera; the court admitted GPS business records.

Cross
Daren Schwartz - Cross Daren Schwartz Saam Zangeneh
37 lines

Schwartz said he did not see Garcia enter the rental business and understood Rivera rented the Prius alone.

← Day 3Garcia–MagbanuaDay 5 →