Day 4 - October 2, 2019
Rivera’s cross-examination concluded as the court ruled on evidence limits, followed by vehicle, travel, and firearms testimony.
Full day summary
7:22:401. 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.
Cross945 lines
Luis Rivera - Cross Luis Rivera Saam Zangeneh
2 sidebars inside this proceeding
- 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.
- 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.
Highlights
Voice-Identification Exhibit RulingrulingThe court sustained the objections to Exhibits 175 and 179 because the State had not provided timely written notice, but allowed testimony about which tapes the two witnesses identified; the exhibits would not go to the jury.Luis Rivera - Cross (Part 2)impeachmentAfter counsel read the interview notes, Rivera agreed he had said he counted the money and that it totaled $37,000, while confirming his trial testimony that he had not counted it.Luis Rivera - Redirecttestimony highlightRivera testified that Magbanua called to say she had the money, that Garcia needed to collect it, and that the money was payment for the murder.
8. Elizabeth Richey — Direct/Cross/Redirect; Trial Scheduling and Jury-Instruction Issues
FDLE firearms analyst Elizabeth Richey testified that two bullets came from the same firearm, but not from the firearm submitted for testing in 2016.
Highlights
Elizabeth Richey - Directtestimony highlightRichey testified that the two fired bullets in State's Exhibits 167 and 168 had been fired from the same firearm.Elizabeth Richey - Crosstestimony highlightRichey testified that the two bullets were not fired from the firearm later submitted to her for testing.