1.Rivera Evidence Rulings; Luis Rivera — Cross (Continued)/Redirect
3,399 linesPROCEEDINGS
(the following took place outside the presence of the jury):
BAILIFF: All rise.
JUDGE HANKINSON: Be seated, please, folks.
All right. Let the record reflect the Defendants are present. This is the State versus Garcia.
we had two issues to resolve; one relating to the voice list, which is Exhibit 179. where do we stand on that, Ms. Cappleman?
MS. CAPPLEMAN: Judge, the voice list was previously discovered in a little bit of a different format, so back in -- I'm sorry, I don't have the date right now; but, hopefully, someone will text me the date that was going to make me a copy of the discovery that was -- that included all the T3 calls, the summaries, and the call lists.
The list that was State's Exhibit 175 was a distilled version of that which included no new information, only the information that was included in that summary sheet that was originally provided minus the actual call summaries, so the data that's included to identify the calls only, and it was used as a shortcut so that we didn't have to play all the calls for the witness on the stand, for the witness to authenticate voices. So there's no new data on that sheet.
JUDGE HANKINSON: I mean, I think the data that would be contended would be Ms. Adelson in that instance; Mr. Rivera in the other instance, identifying the voices.
MS. CAPPLEMAN: Correct. That's --
JUDGE HANKINSON: So was that information provided?
MS. CAPPLEMAN: That those are the witnesses I intended to use to authenticate the voices? No, sir.
JUDGE HANKINSON: I beg your pardon?
MS. CAPPLEMAN: I did not specifically notify the defense that that's how I intended to authenticate the voices.
JUDGE HANKINSON: But the underlying data was provided to them?
MS. CAPPLEMAN: Yes, sir.
JUDGE HANKINSON: Okay. MS. Kawass?
MS. KAWASS: Yes, Your Honor. The issue that we're having here is that the State basically met with Mr. Rivera and created a piece of evidence. Obviously, they -- they had him listen to this and created this document, which is him identifying my client's voice on the phone, and never provided it to us in a timely fashion and didn't even provide it to us so that we could have deposed him on the issue. Because, essentially, what is happening is the State is asking Mr. Rivera to issue his opinion, his lay opinion, because he's not an expert.
He has already testified that he never spoke to her on the phone. So he would -- I would have had an opportunity to voir dire him on the fact that he does not have any firsthand knowledge of what Ms. Magbanua sounds like on the phone.
So it's improper for him to make an opinion that is her voice because he doesn't have the proper requisite to do so. And then, furthermore, the State is seeking to introduce this into the trial so that the jury will take it back with them in the jury room.
So that is the issue that we're -- and -- and at this point, Your Honor, I'm moving to exclude it. That's the sanction that I'm seeking.
JUDGE HANKINSON: Ms. Cappleman?
MS. CAPPLEMAN: May I inquire whether there's a stipulation as to the voices on the call? I don't know how else I would do it other than have a witness who is familiar with the person's voice identify it, which is what I've done.
JUDGE HANKINSON: Are the voices in dispute, Ms. Kawass?
MS. KAWASS: Your Honor, my position would be it would not be my burden, and it's the State's burden to establish every single piece of evidence in this case, so I'm not stipulating to that.
JUDGE HANKINSON: Okay. Does Garcia have a position?
MR. ZANGENEH: I will join in with Ms. Kawass' objection.
JUDGE HANKINSON: Okay. Now, how many recordings are you planning to actually attempt to play for the jury, Ms. Cappleman?
MS. CAPPLEMAN: TI believe there's 45.
JUDGE HANKINSON: That you plan to present?
MS. CAPPLEMAN: Yes, sir.
JUDGE HANKINSON: And who do you plan to present those through?
MS. CAPPLEMAN: Through Agent Sanford.
JUDGE HANKINSON: Does anybody have any different argument between 175 and 179? It seems to be the same issue as to both. Anybody have any different argument as to those?
MR. ZANGENEH: Give me just one second, Your Honor.
MS. KAWASS: On behalf of Ms. Magbanua, I'm resting on the previous objections and prior ones I made.
JUDGE HANKINSON: Yeah.
MR. ZANGENEH: The same for Mr. Garcia, Judge.
JUDGE HANKINSON: Do you have any different argument, Ms. Cappleman?
MS. CAPPLEMAN: No, sir.
JUDGE HANKINSON: Well, what -- my assessment, what's really been done is that the State is attempting to present a summary of testimony which is allowed under 90.956 Florida Statutes.
The problem is they've not given timely written notice of that, which is what the statute requires. The statute does allow parties, where you have voluminous writings or records or recordings, and they specifically relate to recordings, to present a summary without presenting the underlying materials, it does not prohibit the underlying materials being presented, which sounds like what the State intends to do.
The purpose of the timely written notice, according to Professor Ehrhardt, is to give the opposing party time to inspect the underlying records, which has occurred in this instance; and to confirm that the summary is accurate, which, since it's not been noticed, they've not been given that opportunity.
However, both witnesses have been subject to cross examination on this testimony. Mr. Rivera is still on the witness stand, so we haven't even gotten to the cross examination on this subject by the defense. They still have that opportunity to cross examine on that subject. But the State has not complied with their notice requirements.
I'm going to sustain the objection to 175 and 179, but I am going to allow testimony as to which tapes were identified by the two witnesses that listened to them. However, I'm not going to let 175 and 179 go to the jury.
My thinking is that both witnesses have been subject to cross examination on the subjects; therefore, their identification of it is admissible. So that will be my ruling as to 175 and 179.
The other issue we have related to the Collins, I don't see either of the Collins present here.
MS. CAPPLEMAN: No, Sir. I've released the collinses.
JUDGE HANKINSON: You're not going to call them as witnesses?
MS. CAPPLEMAN: No, sir.
JUDGE HANKINSON: All right, so that's a non-issue.
Any other issues we need to take up?
MS. CAPPLEMAN: Judge, I would like to address a couple of issues. I would like to renew my Motion in Limine regarding Mr. Rivera's gang status in light of the cross examination that's occurred thus far, and move to amend the Motion to include prior bad acts.
we've heard several specific instances of prior bad conduct on the part of Mr. Rivera, including drug dealing and robbery, that are irrelevant to the case that we're here about today.
If -- I guess I'm just moving to exclude any additional testimony at this point regarding Mr. Rivera's prior bad acts as more prejudicial than probative, irrelevant to the case before the Court, and improper character evidence.
Do you want to hear my other one, or do you want to address that one first?
JUDGE HANKINSON: What's that?
MS. CAPPLEMAN: I have another matter as well. Do you want to move on? or...
JUDGE HANKINSON: we'll -- we'll deal with that first.
MS. CAPPLEMAN: Okay.
JUDGE HANKINSON: It's not crystal clear what you're asking me to exclude, Ms. Cappleman.
MS. CAPPLEMAN: Any prior incidences of specific prior bad acts by Mr. Rivera to include, but not exclusive to, prior robberies that have nothing to do with this case, prior drug dealing that has nothing to do with this case, or any other criminal acts unrelated to this case.
JUDGE HANKINSON: The problem is your objection is about as generic as Mr. Zangeneh's questions, neither of which allow me to really focus on what I think is admissible and inadmissible.
I've said that anything related to Mr. Rivera's acts that encompass the federal prosecution, which, essentially, a part of the plea agreement in the case, because he is getting a concurrent sentence to run with that, is fair game.
I waited for objections yesterday, without receiving them, as to generalized questions about anything Mr. Rivera has ever done wrong in his life, which clearly is inadmissible; but neither of you have helped me much in making that separation.
I'm going to have to deal with it instance by instance. So the State, if they want to be heard, needs to make a timely objection when the question comes up. I'm not going to try to generically rule on it.
I've told you and I said from the start, which neither of you paid much attention to, that what he did as part of the federal prosecution is admissible; his gang status is admissible because that was part of the plea bargain.
But I would agree that everything that Mr. Rivera has done wrong in his life is not admissible, which many of the questions yesterday seemed to elicit. So that's been my consistent ruling.
I'm not going to try to parse it out here with a generic objection. I will sustain objections to generic questions that ask what Mr. Rivera has done wrong in his life, which was essentially what many of the questions yesterday involved.
You said you had another issue?
MS. CAPPLEMAN: Judge, at this time the State would renew its Motion in Limine in reference to Mr. Rivera's schizophrenia diagnosis.
Rivera testified for several hours yesterday with no indication that he was suffering currently from any mental health symptoms.
He was also able to recall the events associated with the crimes charged without any indication that he was suffering from any hallucination or other mental health symptoms at the time that he made these observations.
As such, the State requests the defense be precluded from asking about his diagnosis in the presence of the jury as there is no basis to believe that his diagnosis was interfering with his ability to see and observe the events about which he is testifying. And asking him the question about the diagnosis would ring a bell that could not be reversed and would constitute nothing but improper character evidence in the absence of a nexus to this case.
JUDGE HANKINSON: I deny the motion. I think we have already parsed out that there are two times when the mental health may be relevant, would be a time of the offense and as he's testifying. The defense should limit themselves to questions that relate to at the time of the offense or now as he speaks. But beyond that limitation, his mental status is fair game as to those two times.
Anything else?
MS. CAPPLEMAN: Judge, at this time, the State requests to address the procedure used to impeach Mr. Rivera in light of his literacy limitations per Section 614.1. Rivera has a right to be confronted with his alleged inconsistent statement or to have his recollection refreshed outside the presence of the jury.
My suggestion, in thinking through how this could work since he can't read and this thing is going to have to be read to him, is to possibly have each counsel wait until the end of his or her examination, have the jury step out, whereby Mr. Rivera can have the opportunity to be read any and all statements that are going to be offered to refresh or impeach him. And then we can bring the jury back in to resume inquiry regarding those statements.
JUDGE HANKINSON: well, the proper method of impeachment is, at least in terms of depositions, which was not followed yesterday, was to read verbatim the question and answer and ask the witness if he recalls that question and that answer. His literacy imposes no restrictions on that, and that is the proper way to do it, anyway.
I'm not going to send the jury out to refresh his recollection as to everything that's asked. I don't think that's feasible.
So we're just not going to have any feasible way to refresh his recollection since in most instances we do that by written document.
Frankly, I don't know how to do that. If the defense has some suggestion, I'll hear from them.
Mr. Zangeneh, do you have some position on how do you wish to refresh his recollection on issues?
MR. ZANGENEH: So I think that we have -- I think the easiest way to do it would be to have it read to him.
JUDGE HANKINSON: well, the problem with that, you're not supposed to -- you can use anything to refresh somebody's recollection, but the idea is that's not supposed to be presented to the jury, so we defeat the purpose of refreshing recollection.
As to what the State says, they are correct, that's not something that should be presented to the jury, so you can't refresh recollection in the presence of the jury by reading something to them.
MR. ZANGENEH: I apologize, I meant outside the presence of the jury.
JUDGE HANKINSON: well, the logistical problem of that is how we're going to do that.
MR. ZANGENEH: I assume we would do it on a case-by-case basis.
JUDGE HANKINSON: We are not going to send the jury out each time you wish to refresh his recollection, that's not workable.
Ms. Kawass?
MS. KAWASS: Yes, Your Honor. Depending what Mr. Rivera decides to testify today, if I lay the proper predicate, I could under Florida Statute 90.803(5) try to enter it in as past recorded recollection since these are all prior -- well, the ones that the State decided to record.
If he attests to the authenticity and the accuracy at the time that it was taken and he does not remember today, I can introduce it into evidence pursuant to the case law.
JUDGE HANKINSON: I -- I don't agree. That's what -- we're not going to put into evidence every statement he's made.
In terms of -- of prior recorded situations, you just need to ask him if that's what he previously said. That's not very complicated.
we seem to make that very complicated, but he -- he gave a statement on a date and time that you tell the investigator or the officer xX, Y, and Z, it needs to be verbatim. If it's a recorded matter, either he'll acknowledge he said that; he'll say he didn't say that; or he doesn't recall.
If he says he didn't say that or doesn't recall, then you're free in your case to present evidence of it. we don't argue with the witness about it, which is what occurred yesterday.
I -- I think what -- anyway, as to the refreshing recollection, though, do you have an issue on that, Ms. Kawass?
MS. KAWASS: Your Honor, my -- I just don't want to break the flow of the cross examination. So if it, you know, if it gets to a point where it's becoming uncomfortable or not, you know, presentable to the jury, I don't know if we could take a sidebar or something and -- and come up with something else.
JUDGE HANKINSON: Mr. Zangeneh, you have something else?
MR. ZANGENEH: Yes, Judge. I just want to put the Court on the notice, I know that Mr. Rivera did testify yesterday that he's unable to read and write. But in Government's Exhibit 128, which has already been entered into evidence, which is Mr. Rivera's phone records, he sent, between May of 2014 and October of 2014, over -- well, sent and received over 8,000 text messages.
Text messages are -- are non-verbal communication, which would suggest that he was receiving non-verbal communication.
Obviously, text messages have a slew of things that they do, but I would say the majority of it is actual writing. And he responded -- I think he received 5,000 text messages, and he responded to, I believe, 2,800 --
JUDGE HANKINSON: And your point is what, Mr. Zangeneh?
MR. ZANGENEH: My point is I believe that his testimony in regards to his inability to read or write are not completely candid.
And I also believe the evidence will show in 2016 Mr. Rivera entered and completed a reading and writing course in federal custody. He received a passing grade.
JUDGE HANKINSON: well, those seem like appropriate things for cross examination. But I think as to the refreshing the recollection, what I'm going to do at the end of your cross examination, if there's anything -- and I guess we'll do it twice, we'll do it at the end of Garcia's cross examination. we'll do it at the end of Magbanua's cross examination. And we'll do it at the end of the redirect.
If there's anything you wish to refresh the recollection of the witness by, let me know that, and we'll send the jury out and give you a moment or however long it takes to read to the witness what it is you wish to attempt to refresh his recollection with. And then we'll recall the jury.
Now, I'm not necessarily going to remember that. Y'all are going to have to remember that. But that's the only thing I can think of to do.
we can't refresh recollection in front of the jury, but we'll do it at those three stages.
Anything else, Ms. Cappleman?
MS. CAPPLEMAN: No, Your Honor. Oh, yes.
MS. NORRIS: Yes, Judge, yesterday with Sergeant Corbitt I did some demonstratives. I printed copies and would like to make them part of the Court -- part of the record it if that's okay?
JUDGE HANKINSON: Show them as -- how have you marked them?
MS. NORRIS: Do Court Exhibit A and B.
JUDGE HANKINSON: All right. Do Court Exhibit A and B. They're not to go to the jury, they're just for record purposes.
MS. NORRIS: Yes, sir.
JUDGE HANKINSON: All right. If you -- if he has further demonstratives, let's make them part of the record in the same way.
MS. NORRIS: Yes, sir.
JUDGE HANKINSON: Anything else from the State?
MS. CAPPLEMAN: No, Your Honor.
JUDGE HANKINSON: Garcia?
MR. ZANGENEH: No, Judge.
JUDGE HANKINSON: Magbanua?
MR. DECOSTE: Yes, Your Honor. with respect to the documents for Sergeant Corbitt, if we can get a copy of it. we had asked for that yesterday from the State. we have no copies of those.
JUDGE HANKINSON: Provide them a copy of it, please, Ms. Norris.
MS. NORRIS: Yes, sir.
JUDGE HANKINSON: Anything else?
MR. ZANGENEH: No, Your Honor.
MR. DECOSTE: No, Your Honor.
JUDGE HANKINSON: we'll start with the jury at nine o'clock. Let's have the witness on the stand, please.
(Recess. )
BAILIFF: All rise and come to order. Court is back in session.
JUDGE HANKINSON: Let's have the jury, please.
BAILIFF: All rise for the jury.
(Jury entering courtroom.)
JUDGE HANKINSON: All right, everybody, be seated.
Good morning, folks. Thank you for being back here this morning.
You may proceed, Mr. Zangeneh.
MR. ZANGENEH: Thank you, Judge.
CONTINUED CROSS EXAMINATION
BY MR. ZANGENEH:
MR. ZANGENEH: Mr. Rivera, good morning.
LUIS RIVERA: Good morning.
MR. ZANGENEH: I've got up here on the screen -- can you see that, sir?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: I've got up on the screen phone records that have been entered into evidence as government's Exhibit 128.
There's a portion right here --
JUDGE HANKINSON: If he can read that, his eyes area whole lot better than mine. You can't -- you can't blow that up a little bit? I think there's a knob there I've seen them use.
MR. ZANGENEH: It's through the laptop, Judge.
JUDGE HANKINSON: All right.
BY MR. ZANGENEH:
MR. ZANGENEH: The government asked you this on direct examination yesterday, and I just want to confirm that your phone number, or one of your two phone numbers was (305)570-8153. Do you recall that, sir?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And what's already been entered into evidence as Government's Exhibit 126 -- I'm sorry, 128, are the specifics that AT&T has and that they document and they keep with regards to your phone activity, sir. Are you aware of that?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And your phone activity that's documented in this State's exhibit, it includes phone -- phone calls as well as -- as well as text messages. Are you aware of that?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: You indicated yesterday that you are unable to read and write; is that correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: From the month of May of 2014 until October of 2014, with phone number (305)570-8153, were you aware that you participated in 7,885 text messages back and forth?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And you'll agree with me a text message is a non-verbal communication?
LUIS RIVERA: You can talk to the phone, and it will spell it out for you.
MR. ZANGENEH: And that's your testimony, that that's what you did in every single text message?
LUIS RIVERA: Yes, sir. I had an iPhone.
MR. ZANGENEH: what about receiving text messages? They were also voice mails, that's your testimony?
LUIS RIVERA: Yeah. They read it out to you.
MR. ZANGENEH: And you indicated, also, that you were attempting to get your GED, but we interrupted your -- your education on --
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: -- in your testimony yesterday?
In 2016, while in federal custody, did you take any classes with regards to reading and writing?
LUIS RIVERA: I've -- I've been doing that my whole life, though, so, yeah.
MR. ZANGENEH: So you've been taking classes to read and write your whole life.
Isn't it true that in 2016, while in federal custody, as part of the federal program, you received passing grades with regards to reading and writing courses?
LUIS RIVERA: You get -- I get help. They have a tutor.
MR. ZANGENEH: So you didn't really answer my question. I see that you had a tutor. But the answer is yes, correct? You received passing grades --
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: -- in reading and writing?
LUIS RIVERA: Yes, sir. I had a tutor.
MR. ZANGENEH: And yesterday when the government asked you to read a document, your testimony under oath was that you can't read and write, correct?
LUIS RIVERA: I can't.
MR. ZANGENEH: So let's go back to what we were talking about yesterday with regards to your June 4th trip. And that's the trip that you took in a Nissan, I believe it was a Sentra, correct?
LUIS RIVERA: I guess so.
MR. ZANGENEH: Now, you didn't rent the Nissan, correct?
LUIS RIVERA: No, sir.
MR. ZANGENEH: But in the July trip you did rent the Toyota Prius, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And it was your testimony yesterday that you rented it while Mr. Garcia was around the corner waiting for you outside of the -- the rental place, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: I'm showing the jury -- let's see here.
JUDGE HANKINSON: Before you -- why don't -- why don't you let the technician handle that instead of -- you switch to the Elmo-type function.
MR. ZANGENEH: Thank you. Thank you, sir.
BY MR. ZANGENEH:
MR. ZANGENEH: All right. Mr. Rivera, you filled out this document alone while Mr. Garcia was around the corner, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And you wrote your name right here?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: where it says renter's name?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: You didn't write the name of where the unit number is, correct?
LUIS RIVERA: what unit?
MR. ZANGENEH: Right next to it, to the right where it says “unit number," you didn't mistakenly put your name where it says "unit number," you put your name where it says “name,” correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: All right. That's because you read the word "name" and you knew to write the -- your name next to it?
LUIS RIVERA: I asked the guy where do I write my name and everything. He told me to fill it out. Right here is where you put your name and your address.
MR. ZANGENEH: So all this was at the assistance of somebody else, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Mr. Rivera, can you read that?
LUIS RIVERA: It's my name.
MR. ZANGENEH: what does it say?
LUIS RIVERA: Luis Rivera.
MR. ZANGENEH: You can't read this -- this whole thing?
LUIS RIVERA: My name, Luis Rivera.
MR. ZANGENEH: Your name. So that says, "My name is Luis Rivera"?
LUIS RIVERA: Yeah. It's like a third-grade level.
MR. ZANGENEH: Hold on. But it's your testimony now that where it said "renter's name" right here, you needed assistance?
LUIS RIVERA: Yes, sir, at the time I needed it. I'm taking classes now to learn how to read and write.
MR. ZANGENEH: when you took your final exam and your GED level course in federal prison, was your tutor there with you when you passed?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Did he take your exam with you?
LUIS RIVERA: He was right next to me.
MR. ZANGENEH: Government's Exhibit 83. It's going to be your testimony that the person at the Budget Inn also helped you fill out this form?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: You didn't do it on your own?
LUIS RIVERA: No, I can't.
MR. ZANGENEH: And it's your testimony that you asked the person at the Budget Inn to read the document so you could fill out exactly where you needed to fill out?
LUIS RIVERA: Yes, sir. I asked him.
MR. ZANGENEH: I'm listening.
On the June 4th trip, did you ever indicate that Sigfredo drove the whole way?
LUIS RIVERA: June 16th?
MR. ZANGENEH: The June 4th trip. Have you ever previously said that the person that was driving the entire trip was Sigfredo Garcia?
LUIS RIVERA: He drove halfway and I drove the other half.
MR. ZANGENEH: Have you ever indicated in previous statements that he was the only person that drove?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. And today was the first time, when the prosecution showed you that you actually got the ticket, that your testimony was that you drove the second half, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. And isn't it also true that in other statements that you've given, you indicated that you received the ticket on the July 14th trip, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: So let's talk about June 4th. Have you previously testified that you -- that you arrived in Tallahassee in the early morning time?
LUIS RIVERA: Yes.
MR. ZANGENEH: All right. And your previous testimony had been that you had arrived around nine or ten in the morning, correct? Maybe earlier?
LUIS RIVERA: Yeah, I said that.
MR. ZANGENEH: Okay. And that your previous testimony was that when you got there, that you kept partying, right, for a little bit?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. And then you guys went to sleep for about an hour before you headed out, correct?
LUIS RIVERA: I don't remember that. You said an hour?
MR. ZANGENEH: But you went to sleep for a little bit, correct?
LUIS RIVERA: Probably.
MR. ZANGENEH: So, arrived in Tallahassee early morning hours, kept drinking and doing cocaine, and then slept for a little bit before you left to -- to go to Mr. Markel's house, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And you'll agree with me that when the government showed you your travel citation in Gainesville, about 250 miles away, multiple hours away at nine a.m. in the --
JUDGE HANKINSON: How far away, Mr. Zangeneh?
MR. ZANGENEH: I'm sorry?
JUDGE HANKINSON: How far away? Let's not mislead the witness, please. That's not accurate.
BY MR. ZANGENEH:
MR. ZANGENEH: Okay. From Gainesville to Tallahassee, right, it's quite a drive, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: More than a hundred miles, if you recall?
LUIS RIVERA: I don't know, sir.
MR. ZANGENEH: So between Gainesville and Tallahassee, multiple hours, and the citations is at 9:12 a.m., correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And your testimony changed and your timeline changed yesterday when the prosecution showed you the ticket; is that correct?
LUIS RIVERA: I don't know about my time changed, but --
MR. ZANGENEH: Your timeline.
LUIS RIVERA: My timeline?
MR. ZANGENEH: Yes. Because you agreed with me beforehand, you said that you got here in the early morning time, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: All right. Now, you received the citation at 9:12, and Gainesville is at least a hundred miles, as you indicated, it's a -- it's quite a drive from Gainesville to Tallahassee; you'll agree, correct?
LUIS RIVERA: I guess so.
MR. ZANGENEH: Right. So you'll agree with me that you did not arrive in the early morning time. You were in Gainesville in the early morning time, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: You also indicated on direct examination that Mr. Garcia never used any kind of navigation technology on his phone, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: All right. So it's your testimony that you got to a -- and -- and it's also been your testimony that you've never come to Tallahassee before, correct?
LUIS RIVERA: Never been to Tallahassee.
MR. ZANGENEH: And that Mr. Garcia at no point utilized any kind of electronic media to help him get around in Tallahassee, right?
LUIS RIVERA: we never used any electronic, but we did stop in a store.
MR. ZANGENEH: And you got a map?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And you said that he looked at it once and didn't look at it again, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: All right. So your testimony is that Mr. Garcia looked at a map once and never looked at it again?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Is Tallahassee like Miami in terms of how the streets are, like avenues and streets, like numbers and like how you can go -- I'm going up from 88th Street to 157th Street; they don't have that here, do they?
LUIS RIVERA: I don't think so.
MR. ZANGENEH: And you also testified that you purchased a gun, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And that you purchased bullets, right?
LUIS RIVERA: Yes, sir.
JUDGE HANKINSON: Mr. Zangeneh, we're not going to repeat everything he did yesterday. I think we did it two or three times yesterday. That's enough. Move on.
BY MR. ZANGENEH:
MR. ZANGENEH: when you get to the hotel room, the first time you said that you had somebody purchase the room for you, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: All right. And the reason why you would do that was because you wanted to potentially hide; you didn't want to leave any kind of footprint that you were in Tallahassee, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Is that correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And that's because, according to your testimony, your best friend tells you several hours into a trip that it's not a robbery, it's a homicide?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: would you consider that misleading?
LUIS RIVERA: what you mean by misleading?
MR. ZANGENEH: Right. So your testimony has been and you've proffered to this jury that he's somebody you've grown up with, and he's one of your best friends, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. So you'll agree with me that your testimony in Court is that he didn't tell you the purpose of the trip, right?
LUIS RIVERA: He didn't tell me at the beginning.
MR. ZANGENEH: well, that's what I'm talking about. To get you to go on the trip, he didn't tell you the purpose of it, right?
LUIS RIVERA: No, sir.
MR. ZANGENEH: But he did offer you money?
LUIS RIVERA: Yes, he did.
MR. ZANGENEH: And it was your testimony yesterday that the second day that you were there, you didn't feel like going forward with the murder, correct?
LUIS RIVERA: Repeat that question again, please.
MR. ZANGENEH: No problem. It was your testimony yesterday that -- I believe you said because you're not going to kill somebody because he has -- just because he has kids and that you don't know the man, something like that. But you recall saying that, right?
LUIS RIVERA: Yes.
MR. ZANGENEH: Okay. And based on that statement that you guys called off the -- the -- the purpose of your trip and left Tallahassee, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. And it's your testimony that you were the driving force behind calling this off and leaving Tallahassee?
LUIS RIVERA: It was nothing to do, nothing to be around there for, so we left.
MR. ZANGENEH: Let me -- let me kind of -- let me ask you a few questions about that.
You indicated that Mr. Garcia had been paid, and you saw cash in his pocket, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And you said it was between 2 and $5,000, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And you got there on June 4th in the morning, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And between June 4th in the morning -- and what time did you guys leave on the 5th?
LUIS RIVERA: I don't remember the time.
MR. ZANGENEH: Roughly. Was -- was it nighttime?
LUIS RIVERA: I don't remember the time, sir.
MR. ZANGENEH: was it nighttime?
LUIS RIVERA: I don't remember the time.
MR. ZANGENEH: Okay. Do you remember if it was light or dark outside?
LUIS RIVERA: I can't remember.
MR. ZANGENEH: whose idea was it to leave?
LUIS RIVERA: Both of us.
MR. ZANGENEH: Had -- according to you, had Mr. Garcia run through all the money that he had bought [sic]?
LUIS RIVERA: Yeah. we was low on cash.
MR. ZANGENEH: Okay. And you also said that he had given you some money from his pocket, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: You had also said that you had bought your own -- a substantial amount of narcotics during the trip, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And you also said that Mr. Garcia had purchased additional narcotics, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: How much money would you say that he had spent on narcotics?
LUIS RIVERA: Ain't no telling right now. It been a long time.
MR. ZANGENEH: Okay. well, can you --
LUIS RIVERA: I don't remember.
MR. ZANGENEH: I'm sorry, I didn't mean to interrupt you.
Mr. Rivera, can you guesstimate?
LUIS RIVERA: I said ain't no telling. I can't remember how much money we spent, but we spent -- we spent money.
MR. ZANGENEH: Okay. well, what's your definition of money on cocaine?
LUIS RIVERA: About 3 -- 2 or $300.
MR. ZANGENEH: So as someone that has experience in the drug trade, right?
LUIS RIVERA: Yes.
MR. ZANGENEH: Two or $300 would be maybe another eight-ball, right?
LUIS RIVERA: More like two or three.
MR. ZANGENEH: Two or three more eight-balls. So you're at about 15 grams of cocaine for a 36-hour trip according to you, right?
LUIS RIVERA: Probably.
MR. ZANGENEH: So 2 to $300 on drugs. How much was the room? A hundred bucks?
LUIS RIVERA: I don't remember.
MR. ZANGENEH: Okay. That sound about right? Let's just -- let's be very generous, let's say a hundred bucks.
LUIS RIVERA: I can't tell you. I don't remember.
MR. ZANGENEH: All right. It was a motel, though, right? It wasn't like a -- it was the w or a five-star hotel?
LUIS RIVERA: It was a hotel. It can be one night for $60. For two nights, it would be 120.
MR. ZANGENEH: And you guys stayed there one night, right? June 4th, and you left June 5th, right?
LUIS RIVERA: Yeah, I think so.
MR. ZANGENEH: Okay. So one night at a hotel, let's say 70 -- between 50 and 100 bucks; sound about right?
LUIS RIVERA: Yeah.
MR. ZANGENEH: Okay. And you guys ate at Hooters, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Ate and drank at Hooters?
You didn't want to be seen, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Yet you went to a known restaurant, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And you said that you guys were there for multiple hours, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: were you wearing a hat?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: You were wearing a hat?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: were you wearing sunglasses?
LUIS RIVERA: I don't remember.
MR. ZANGENEH: You didn't have a mask on at Hooters, did you?
LUIS RIVERA: No.
MR. ZANGENEH: Is that right? Okay.
So you're in public, being seen in Tallahassee for multiple hours, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. You -- you and Mr. Garcia have purchased and consumed, according to you, multiple ounces -- I mean, almost a dozen -- I'm sorry, multiple grams of cocaine, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And you're, I assume, drinking substantially at this point, correct?
LUIS RIVERA: Yes.
MR. ZANGENEH: After you leave Hooters, where do you go? Back to the room?
LUIS RIVERA: Yeah.
MR. ZANGENEH: Now, what time in the morning do you leave to start your surveillance the next day?
LUIS RIVERA: Is that Friday?
MR. ZANGENEH: I'm sorry?
LUIS RIVERA: Is that on the murder day?
MR. ZANGENEH: No. I'm talking about -- we're talking about the June trip today, sir.
LUIS RIVERA: All right.
MR. ZANGENEH: what time do you leave?
LUIS RIVERA: In the morning.
MR. ZANGENEH: Yes, sir. What time; do you remember?
LUIS RIVERA: Like seven or eight, around there.
MR. ZANGENEH: was this -- had you checked out with -- of the hotel when you left in the morning?
LUIS RIVERA: I don't remember.
MR. ZANGENEH: Did you remember -- checkout is usually around 11:00 a.m., right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: So that morning, you'll agree with me that you hadn't decided whether or not anything was going to happen that day, right? Your plan was you were going to go kill Dan Markel that day, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. So you had planned to go commit this murder, and you weren't sure whether or not it was going to happen, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: All right. So did you check out of the hotel, or did you keep the hotel for another day?
LUIS RIVERA: I can't remember if we checked out or not. I cannot remember.
MR. ZANGENEH: Okay. So then you drive over to Mr. Markel's house, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: To the area and you conducted surveillance, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And then you -- you followed him to the day care center, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: All right. And then you lost him, right?
LUIS RIVERA: Yes.
MR. ZANGENEH: Did you conduct any additional surveillance that day, or did you call it quits?
LUIS RIVERA: I don't know. I can't remember.
MR. ZANGENEH: You indicated to the jury on direct examination that it appeared that on that second day that you felt that this was the wrong thing to do, and you didn't want to be involved in killing somebody that you didn't know, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: You'll also agree with me that you realized that Mr. Garcia, according to your testimony, wanted you to be the shooter in this case, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And as a result of that, you were going to be paid $35,000, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Now, you were actually paid $37,000, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: So you were paid more than you were originally told, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And as we indicated yesterday, your testimony is that you didn't do the job that you were hired to do, you simply were, in essence, like a chauffeur, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Are you on -- are you on any medication right now?
LUIS RIVERA: No, sir.
MR. ZANGENEH: None?
LUIS RIVERA: Not at all.
MR. ZANGENEH: were you on any prescribed medication at the time of the June or the July trip?
LUIS RIVERA: No, sir.
MR. ZANGENEH: Give me one second, Judge.
JUDGE HANKINSON: You may.
BY MR. ZANGENEH:
MR. ZANGENEH: Have you ever been diagnosed as being bipolar?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: what about schizophrenic?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: On the June 5th surveillance that you conducted of Dan Markel, when you said he went to the day care, did you see him drop the kids off at the day care?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And so he was alone at that time, correct, because you saw him drop off the kids?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Now, you indicated that after you -- after you called off the purpose of your -- of your trip, you drove back to Miami, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And it's been your testimony that from June 5th -- because that's when you got back to Miami, right, June 5th, the next day?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: The next night? June 5th, that there was no communication or no discussion with you and Mr. Garcia about anything else until, I believe, the 14th of July?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: would it be -- would it be a fair statement to make that you made it clear, according to your testimony, that you did not want to participate in this -- in this job to Mr. Garcia, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And during your direct examination, actually, you kind of went into substantial detail to tell the members of the jury how you felt that this was an inappropriate thing to do, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Yet when Mr. Garcia, according to your testimony, calls you, you go rent a car immediately, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: You didn't tell him, "No, man, don't you remember what I told you June 5th? I don't want to be down with this"; right? You didn't say that, did you?
LUIS RIVERA: No. That's my best friend.
MR. ZANGENEH: Okay. well, but he was also your best friend on June 5th, right?
LUIS RIVERA: Until I'm dead and gone, I guess.
MR. ZANGENEH: Right. So he was your best friend on June 5th as well, the same day that you said, "No, I don't want to do this," and, in essence, you guys left, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Five weeks later he tells you, “Let's ride," and you immediately go and rent a car in your name, yes?
LUIS RIVERA: Yes, sir, I did.
MR. ZANGENEH: How many guns did you take the second time up?
LUIS RIVERA: One.
MR. ZANGENEH: One, correct?
LUIS RIVERA: Talking about for the murder?
MR. ZANGENEH: Yes, sir, when you committed murder.
LUIS RIVERA: I just want to make sure where we're at.
MR. ZANGENEH: I'm sorry?
LUIS RIVERA: I just wanted to make sure where we're at.
MR. ZANGENEH: So you'll agree with me on the trip, on the June trip you were extremely cautious about not leaving any kind of fingerprint, okay, or any kind of trace that you were in Tallahassee, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. Yet on the second trip you rented a car, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And whose name did you rent the car in?
LUIS RIVERA: My name.
MR. ZANGENEH: whose hotel [sic] did you rent the hotel room in?
LUIS RIVERA: It has my name on it, right?
MR. ZANGENEH: were you taking your medication on that day?
No, you weren't, right? You weren't taking any medication that day?
LUIS RIVERA: Not at all. Just cocaine.
MR. ZANGENEH: So you consider cocaine to be medication?
LUIS RIVERA: It's medication.
MR. ZANGENEH: Have you been taking cocaine for medication for a long time?
LUIS RIVERA: I've been doing cocaine since the age of 15 years old, sir.
MR. ZANGENEH: And how old are you now?
LUIS RIVERA: Thirty-six.
MR. ZANGENEH: would you say you do cocaine on a daily basis, or did cocaine on a daily basis?
LUIS RIVERA: No. Once in a blue. Not like that, not every day.
MR. ZANGENEH: when you say “once in a blue,” what does that mean?
LUIS RIVERA: Maybe on a weekend, maybe at a party.
MR. ZANGENEH: So 50 times -- let's just be conservative. Once a week for -- there's 52 weeks in a year, correct?
LUIS RIVERA: I guess.
MR. ZANGENEH: Right?
LUIS RIVERA: I guess.
MR. ZANGENEH: I mean, that's not a trick question. There's 52 weeks in a year, you're aware of that, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. And you're saying that you did cocaine once a week, so that's 50 times a year, right?
LUIS RIVERA: Yeah.
MR. ZANGENEH: For 20 years?
LUIS RIVERA: Yeah. I'm 36.
MR. ZANGENEH: Okay. So about a thousand times?
LUIS RIVERA: Maybe, yeah.
MR. ZANGENEH: Now, have you ever testified that you believe -- well, who do you believe convinced Mr. Garcia to take this job?
LUIS RIVERA: His wife, Kate.
MR. ZANGENEH: Have you ever said that one of the reasons that Mr. Garcia participated in this murder for hire was that Katie Magbanua indicated she would get back together with him if he did so?
LUIS RIVERA: Have I ever said that? I don't remember.
MR. ZANGENEH: Do you remember giving a recorded statement to law enforcement on October 4th, 2016?
LUIS RIVERA: Yeah.
MR. ZANGENEH: And during that time, as we indicated yesterday, you were accompanied by your attorney, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: As well as Detective Isom and Special Investigator Sanford, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Give me a minute, Judge?
JUDGE HANKINSON: You may.
MR. ZANGENEH: Can we go sidebar?
JUDGE HANKINSON: Okay.
(Sidebar as follows):
MR. ZANGENEH: Judge, it is my intention at this point to move into evidence the October 4th, 2016, statement that Mr. Rivera gave to law enforcement. I am not going to publish it at this time. I am going to publish it at a later time. But I know that I have spoken to Ms. Cappleman in the past, and she is objecting to it, so I wanted to do this, in essence, outside the presence of the jury.
JUDGE HANKINSON: You object?
MS. CAPPLEMAN: Yes, sir.
JUDGE HANKINSON: I will sustain the objection at this point. It is not the appropriate time for that.
(Sidebar concluded.)
MR. ZANGENEH: May I continue, Judge?
JUDGE HANKINSON: You may.
MR. ZANGENEH: Thank you.
BY MR. ZANGENEH:
MR. ZANGENEH: So it's your testimony today, sir, that you don't recall whether or not you --
JUDGE HANKINSON: We are not going to repeat his testimony over and over again, Mr. Zangeneh. Move on. BY THE COURT:
MR. ZANGENEH: will you agree with me that you believe that Ms. Magbanua was a driving force in convincing Mr. Garcia to commit this murder; that's --
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: -- your testimony, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: It was also your testimony yesterday that immediately after the purported -- after -- after you committed the murder, that Mr. Garcia called Ms. Magbanua, correct?
LUIS RIVERA: That he called her?
MR. ZANGENEH: well, that's the first call he made after the murder, correct?
LUIS RIVERA: That was the first call.
MR. ZANGENEH: Okay. And you actually testified that while he was sitting next to you in the Prius, you could hear the conversation, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. And during that conversation, I believe your testimony was something to the -- to the effect of, "It's done," right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: All right. And then it was followed up with, "we're getting our money the next day," correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Nothing about -- he didn't say anything to the effect of -- you didn't hear, "I did it, we're going to be back together now," right?
LUIS RIVERA: No, not at all.
MR. ZANGENEH: He didn't tell Katie, "Listen, I did what you asked me to do. I want to be back together with you." Correct?
LUIS RIVERA: Not at all, sir. He hung up the phone and that's it.
MR. ZANGENEH: Right. And the -- and the only contents of the conversation was with regards to money, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And you'll agree with me that prior to that you indicated the driving force behind this was him getting back together with Katie, right?
LUIS RIVERA: Repeat that question again.
MR. ZANGENEH: Sure, no problem.
I just asked you wasn't she extremely influential in having him do this, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: You, also, you agree with me that your -- that you believe that Ms. Magbanua was extremely influential in decisions with regards to Mr. Garcia, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: My client was crazy about -- about Ms. Magbanua, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: In love with her?
LUIS RIVERA: He still is.
MR. ZANGENEH: You'll also agree with me that at the time of this situation that Ms. Magbanua wasn't dating my client?
LUIS RIVERA: No, not at all.
MR. ZANGENEH: She was dating --
LUIS RIVERA: They were -- they were on and off.
MR. ZANGENEH: On and off. But at the time that this took place, who was she dating?
LUIS RIVERA: The dentist.
MR. ZANGENEH: You keep calling him the dentist. You know his name, though, right?
LUIS RIVERA: Yeah. I just found out. Charlie.
MR. ZANGENEH: Charlie.
Now, there was time where you were with Mr. Garcia, and you went to a restaurant in Brickell, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And it was at this time where you saw Ms. Magbanua with -- with Dr. Adelson, correct? Charlie Adelson --
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: -- the dentist?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Have you ever testified that you'd never seen Charlie Adelson?
LUIS RIVERA: I ain't never seen him a day in my life. That day we went to the restaurant I seen Katie. I don't know who he was.
MR. ZANGENEH: AS someone that -- well, let me ask you this question: As someone that is a participant, someone that deals drugs, you don't deal drugs on the corner, correct?
LUIS RIVERA: No.
MR. ZANGENEH: You deal drugs to people that you know, right?
MS. CAPPLEMAN: Objection, Your Honor.
JUDGE HANKINSON: Sustained.
BY MR. ZANGENEH:
MR. ZANGENEH: Did you know Katie Magbanua?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: were you aware that Mr. Garcia was unhappy with the fact she was dating Charlie Adelson?
LUIS RIVERA: Of course he was.
MR. ZANGENEH: would you say that Mr. Garcia liked Dr. Adelson?
LUIS RIVERA: Like him?
MR. ZANGENEH: Right.
LUIS RIVERA: NO.
MR. ZANGENEH: would you say that it would probably be the opposite, that he disliked him?
LUIS RIVERA: Yeah, he disliked that man.
MR. ZANGENEH: He disliked that man?
LUIS RIVERA: Yeah. Just like he didn't like that man.
MR. ZANGENEH: Right. He didn't like him. He was angry with him, right?
LUIS RIVERA: Yes, sir. Anybody would that was having a relationship, right?
MR. ZANGENEH: Correct. But I'm talking about Mr. Garcia.
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: would it be -- would it be fair to say that he was unhappy with her relationship with the dentist, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: with Dr. Adelson, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Charlie Adelson, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: would it be fair to say that you -- you would be able to see the anger in his face, correct?
LUIS RIVERA: Of course.
MR. ZANGENEH: You would see that he would be sad, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Yet it's your testimony that Mr. Garcia agreed to do an act that the Adelsons wanted, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Judge, can I get a minute?
JUDGE HANKINSON: You may.
(Pause. )
BY MR. ZANGENEH:
MR. ZANGENEH: It's your testimony that you had never seen Charlie Adelson, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: So you would deny selling drugs to Charlie Adelson?
MS. CAPPLEMAN: Objection.
JUDGE HANKINSON: Sustained.
BY MR. ZANGENEH:
MR. ZANGENEH: Did you ever sell drugs to Charlie Adelson?
JUDGE HANKINSON: Sustained.
MS. CAPPLEMAN: Objection.
JUDGE HANKINSON: The objection is sustained to that.
MR. ZANGENEH: Can we approach sidebar, Judge?
JUDGE HANKINSON: NO. Move on.
BY MR. ZANGENEH:
MR. ZANGENEH: Have third parties elicited you to purchase narcotics for other people?
MS. CAPPLEMAN: Objection.
JUDGE HANKINSON: Sustained.
BY MR. ZANGENEH:
MR. ZANGENEH: You're aware that Mr. Garcia was involved in a motorcycle accident, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And you're also aware that he received a settlement as a result of this motorcycle accident, correct?
LUIS RIVERA: A settlement?
MR. ZANGENEH: A settlement. He got paid.
LUIS RIVERA: I don't remember that.
MR. ZANGENEH: You don't remember that?
Are you aware -- or you indicated that you would have almost daily contact with Mr. Garcia, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: You'll agree with me that one of the things that he did to make money would be to buy and sell cars, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Do you remember how many cars he's bought and sold?
LUIS RIVERA: No, not at all.
MR. ZANGENEH: would it be more than one?
LUIS RIVERA: Yeah.
MR. ZANGENEH: More than five?
LUIS RIVERA: I don't remember.
MR. ZANGENEH: The government showed you a picture of a 1986 Monte Carlo, a purple one, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: How much did he pay for that car; do you remember?
LUIS RIVERA: No more than $3,000.
MR. ZANGENEH: So around $3,000. And how much did he pay for that motorcycle?
LUIS RIVERA: Like 38, 4 grand, around there.
MR. ZANGENEH: You don't remember?
LUIS RIVERA: Like 38 or 4 grand, between.
MR. ZANGENEH: And it's your testimony that he gave you 37,000 out of a hundred?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Did you deposit any of that money in the bank?
LUIS RIVERA: No.
MR. ZANGENEH: Did you declare any of that money on your taxes?
LUIS RIVERA: No.
MR. ZANGENEH: Do you know how the money was given to you?
LUIS RIVERA: Cash.
MR. ZANGENEH: Cash?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: $100 bills, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Stapled together?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And it was your testimony that the day after the murder, that my client and Ms. Magbanua were at Jessica's house, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Did Jessica know about the murder?
LUIS RIVERA: No, sir, not at all.
MR. ZANGENEH: So they did the money dropoff at her house, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: So, in essence, at that point, you will agree with me, Jessica now knew what was going on?
LUIS RIVERA: Not at all.
MR. ZANGENEH: You just showed up and you got -- would you normally get large amounts of cash like that?
LUIS RIVERA: No, sir.
MR. ZANGENEH: How much would you make on a -- when you would do one of your jacks?
LUIS RIVERA: It depends.
MR. ZANGENEH: Ten, 15, 20,000?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: You don't consider that to be a large amount of cash?
LUIS RIVERA: Yes.
MR. ZANGENEH: what's the most money you've ever made doing a robbery?
LUIS RIVERA: I don't know.
MR. ZANGENEH: well, let me ask you this: Is this the most amount of money you've ever made? In one --
MS. CAPPLEMAN: Objection, Your Honor.
JUDGE HANKINSON: I -- I overrule the objection to that question.
BY MR. ZANGENEH:
MR. ZANGENEH: Is this the most amount of money you've ever made in one setting?
LUIS RIVERA: No, sir.
MR. ZANGENEH: No, sir? Okay.
So this is not something that Jessica -- this is your wife, right? Your live-in girlfriend? Your baby mama?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. So did she ever ask you where you got the -- this money?
LUIS RIVERA: She never asked me nothing.
MR. ZANGENEH: That is because she knows that you have a code of silence, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Yet you exposed her, according to your testimony, to this cash exchange. was that normal?
LUIS RIVERA: Repeat that again.
MR. ZANGENEH: Sure. You exposed her to this money exchange, right?
LUIS RIVERA: what do you mean by “exposed her"?
MR. ZANGENEH: She was there.
LUIS RIVERA: She was there.
MR. ZANGENEH: Right?
LUIS RIVERA: She's never seen the money though.
MR. ZANGENEH: So they gave you a -- a paper bag?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. And she didn't see you taking -- I mean, the $100 bills were stapled together, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: So did she see you taking the staples out of every --
LUIS RIVERA: No, sir, not at all.
MR. ZANGENEH: No? You went to a separate room?
LUIS RIVERA: No. I left -- I left it in my car. Got the money and left.
MR. ZANGENEH: Did you give any of this money to Jessica Rodriguez?
LUIS RIVERA: I gave her a few dollars, but she ain't know where it come from, she didn't know nothing.
MR. ZANGENEH: Obviously, you don't want to get Jessica in trouble, right?
LUIS RIVERA: She don't know nothing. why would I get her in trouble?
MR. ZANGENEH: well -- well, the -- I'm just asking you in general, you wouldn't want to her get in trouble, correct?
LUIS RIVERA: I never tell her nothing.
MR. ZANGENEH: Did Jessica -- okay.
So you took a plea in this -- in this case to 19 years, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: But you're not going to serve 19 years in Florida State Prison, right?
LUIS RIVERA: Maybe. Maybe not.
MR. ZANGENEH: well, your plea -- well, the answer is not, because your plea was to 19 years to run at the same time as your 151-month sentence in federal court, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. So do the math here. Nineteen times 12 is 228, minus 151 is 77, divided by 12 is 6.4 years. So you're going to spend six -- less than six and a half years in Florida State Prison, correct?
LUIS RIVERA: If I do all my time in the feds. If I don't, I got to do more time in the state.
MR. ZANGENEH: Your plea agreement, what we're talking about, not whether or not you get additional time or less time, but what you have agreed with the government, that's what I'm talking about, okay?
LUIS RIVERA: Yes, sir. I'm just explaining.
MR. ZANGENEH: well, I'm asking what your plea agreement is. Your plea agreement is what you agree to with the government, correct?
LUIS RIVERA: Yes, sir, and I said 19.
MR. ZANGENEH: Nineteen. So as we agreed -- did you sit down and go over your plea agreement with your attorney? You did that, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. And he read all of the -- the portions of the plea agreement to you, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And you began plea negotiations with the government probably in September of 2016?
LUIS RIVERA: Yeah.
MR. ZANGENEH: And you were arrested -- or you were charged, because you were already in prison, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: So you were charged in -- was it May or June of 2016?
LUIS RIVERA: I think it was June.
MR. ZANGENEH: It was June, right. Because you remember that law enforcement came to federal prison to talk to you in May of 2016, correct?
LUIS RIVERA: Yeah.
MR. ZANGENEH: And when they first asked you about this, you'll agree with me that you denied any involvement, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. And then from June to September, about three months, right?
LUIS RIVERA: Yeah.
MR. ZANGENEH: You decided to become a cooperating witness with the -- the State of Florida, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. Did they make -- did the government make you the 19-year offer before they spoke to you, or --
LUIS RIVERA: Did -- did they make me?
MR. ZANGENEH: Let me -- let me -- let me ask the question, sir.
Did the government come and tell you, "we're going to offer you 19 years," or did they sit down and talk to you and then make you that offer?
LUIS RIVERA: All right. They didn't sit down and talk to me at all.
MR. ZANGENEH: So at no point did you have any communication with the prosecutor?
LUIS RIVERA: At all.
MR. ZANGENEH: That communication went through your attorney, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Prior to the October 4th statement that you gave that's videotaped --
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: -- did you have communication with law enforcement that was not memorialized by video?
LUIS RIVERA: Say that again.
MR. ZANGENEH: Sure. Did you -- you've seen the video, right, the October 4th video?
LUIS RIVERA: I ain't really had no -- I hadn't seen nothing. I was in the box, so I never got to see no videos or none of that.
MR. ZANGENEH: well, let me ask it this way: Did -- was there ever a time, okay, prior to the recording, where law enforcement asked you questions that went through your attorney, okay? And he came and discussed those questions with you, and then you told your attorney the answers, and then he would go back and tell the police?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: So your attorney acted as -- like a mediary, okay, between law enforcement and you, right?
LUIS RIVERA: No. Law enforcement would -- would be with me in there, and I'll talk with my lawyer.
MR. ZANGENEH: That's -- that's not what I asked you.
LUIS RIVERA: You got me confused, man. Come back.
MR. ZANGENEH: Okay. Law enforcement -- was there a time where you were in separate rooms with law enforcement, and you were alone with your attorney?
LUIS RIVERA: Not -- he was in the room.
MR. ZANGENEH: Your attorney was in the room?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Okay. And that the police would come and talk to your attorney, and then he would come alone with you and have discussions, correct?
LUIS RIVERA: No. The cop was in the -- in the room as well.
MR. ZANGENEH: Okay. Were you -- were you at the open table, or were you isolated and having a private conversation with your lawyer?
LUIS RIVERA: No, it was an open table. My lawyer -- if I havea conversation with my lawyer, it's between me and my lawyer, but the detective was there.
MR. ZANGENEH: Okay. Do you remember giving a deposition on January 31st, 2018? Do you remember me taking your deposition?
LUIS RIVERA: Yeah. Yeah.
MR. ZANGENEH: And do you remember when I asked you, “where prior to the recording, law enforcement --"
JUDGE HANKINSON: Give US a page.
MR. ZANGENEH: Page No., I apologize, 119; Lines 11 to 15.
BY MR. ZANGENEH:
MR. ZANGENEH: where I asked you, "Where prior to the recording, law enforcement asked questions that went through your attorney, and he came and discussed them with you, and then you told your attorney the answers, and he would go back and tell the police officers.”
And you answered, "Yes, sir.”
Do you recall that?
LUIS RIVERA: Yes, sir.
MS. CAPPLEMAN: Objection, improper impeachment.
JUDGE HANKINSON: Overruled.
BY MR. ZANGENEH:
MR. ZANGENEH: Do you remember that?
LUIS RIVERA: Yeah.
MR. ZANGENEH: Okay. So what I asked you was -- because -- what I asked you in that question, it appears that the answer is -- well, strike that.
was this the same day as the recording? Do you remember?
LUIS RIVERA: what recording?
MR. ZANGENEH: The October 4th recording. Do you recall if this is the same day?
LUIS RIVERA: Yeah.
MR. ZANGENEH: And you'll agree with me that there are portions of your interaction, according to your own words, that were not memorialized on video, correct?
LUIS RIVERA: That it wasn't recorded?
MR. ZANGENEH: Right.
LUIS RIVERA: I don't know if it was recorded or not.
MR. ZANGENEH: Did they tell you at some point, "we're turning the camera on"?
LUIS RIVERA: I believe every time I talked to any detective it was getting recorded.
MR. ZANGENEH: Now, between end of September and your statement, you took a ride down I-75 with the police, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And during your -- and the purpose of this was to see if you could retrieve the firearm that was used in this case, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: You'll agree with me that on that day you spent multiple hours driving up and down I-75, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: How many miles would you say that you went from Tallahassee all the way south?
LUIS RIVERA: A lot of miles I can say.
MR. ZANGENEH: Did you get to Tampa?
LUIS RIVERA: Probably. We passed Tampa.
MR. ZANGENEH: Passed Tampa. There's a real long bridge that you went over, correct?
LUIS RIVERA: Yeah.
MR. ZANGENEH: Okay. was that multiple hours?
LUIS RIVERA: Yeah.
MR. ZANGENEH: Did they feed you?
LUIS RIVERA: Yeah.
MR. ZANGENEH: You didn't eat prison food, right?
LUIS RIVERA: No.
MR. ZANGENEH: They got you some McDonald's or something?
LUIS RIVERA: Yes.
MR. ZANGENEH: You actually had them stop at an underpass which you believed was where the firearm was -- was left, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And law enforcement actually found a firearm there, didn't they?
LUIS RIVERA: I guess.
MR. ZANGENEH: You guess? I mean, they showed you, "we found a gun," right?
LUIS RIVERA: No, nobody showed me nothing.
MR. ZANGENEH: Didn't they -- but you know that they found a firearm there, right?
LUIS RIVERA: I heard they found a gun.
MR. ZANGENEH: Did they show you that gun to see if you recognized the gun to be the gun --
LUIS RIVERA: No, sir.
MR. ZANGENEH: -- in this case?
LUIS RIVERA: No, sir.
MR. ZANGENEH: Is that a -- did you just take law enforcement to a known dumping ground for Latin Kings to dump firearms?
LUIS RIVERA: Latin Kings?
MR. ZANGENEH: You're a Latin King.
LUIS RIVERA: why you keep saying Latin Kings? They ain't got nothing to do with this. You're wrong. You're wrong, man. This hasn't got nothing to do with no Latin Kings. This had to do with me and Garcia. No Latin Kings.
MR. ZANGENEH: So you're not answering my question.
JUDGE HANKINSON: Ask him a straightforward question, Mr.Zangeneh.
BY MR. ZANGENEH:
MR. ZANGENEH: My question was --
LUIS RIVERA: I said no. I'm sorry?
JUDGE HANKINSON: Ask him another question. Ask hima straightforward question, not an argumentative one, please.
MR. ZANGENEH: Give me one second, Judge. I just received the documents.
Your Honor, may I approach?
JUDGE HANKINSON: You may.
BY MR. ZANGENEH:
MR. ZANGENEH: Mr. Rivera, I'm showing you what's been marked as Defense Exhibit 3.
Do you recognize that?
LUIS RIVERA: Yeah.
MR. ZANGENEH: what is that?
LUIS RIVERA: That's a letter.
MR. ZANGENEH: who sent this letter?
LUIS RIVERA: I did.
MR. ZANGENEH: And does that have your signature on it?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And who did you send this letter to?
LUIS RIVERA: Ms. Georgia.
MR. ZANGENEH: Is this letter in the same condition that it was when you originally sent it?
LUIS RIVERA: Probably.
MR. ZANGENEH: Does it look this different? Does it look altered in any way?
LUIS RIVERA: No.
MR. ZANGENEH: Judge, at this time the defense moves what's previously been marked as Defense Exhibit 3 into evidence.
JUDGE HANKINSON: State?
MS. CAPPLEMAN: Just my general objection to them introducing evidence during my case in chief, Judge.
JUDGE HANKINSON: No specific objection?
MS. CAPPLEMAN: No, Your Honor.
JUDGE HANKINSON: Let me see the Exhibit.
MR. ZANGENEH: Yes, Judge.
JUDGE HANKINSON: I will admit Garcia Defense Exhibit 3.
(Defendant's Exhibit Garcia No. 3 received in evidence.)
BY MR. ZANGENEH:
MR. ZANGENEH: Mr. Rivera, that says November 3rd, 2016, right? The numbers up there are consistent, that's the day you sent this letter?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And that letter is addressed to Ms. Cappleman, who is the State Attorney in this case, this young lady right here?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: This was a letter that you intended to send her, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And whose signature is this down here?
LUIS RIVERA: It's mine.
MR. ZANGENEH: And it -- it says in -- in this letter that since you have made a plea deal with the government, and you told them everything they wanted to know, and you helped break the case, right? Correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: That you've been in confinement seven days a week; three hours a week to call your family; and that you want to go to general pop, correct?
LUIS RIVERA: Yes, sir.
(Discussion off the record.)
MR. ZANGENEH: Judge, I have another exhibit if I may approach Mr. Rivera?
JUDGE HANKINSON: You may.
BY MR. ZANGENEH:
MR. ZANGENEH: Mr. Rivera, do you recognize -- I'm showing you what's been previously marked as government -- Garcia's Exhibit 4.
Do you recognize that -- that document?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Is that a letter that you wrote to Ms. Cappleman?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Is that letter in the same or substantially the same condition as it was when you first sent it?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Is that your signature on the bottom right-hand corner?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Judge, at this time I'd move what's previously been marked as Garcia's Exhibit 4 into evidence.
JUDGE HANKINSON: Any specific objection as to --
MS. CAPPLEMAN: Yes, Your Honor, hearsay and cumulative.
JUDGE HANKINSON: Let me see the letter.
MR. ZANGENEH: Yes, Judge.
JUDGE HANKINSON: I'll overrule the objection, admit the exhibit.
MR. ZANGENEH: Thank you, Judge.
(Defendant's Exhibit Garcia No. 4 received in evidence.)
BY MR. ZANGENEH:
MR. ZANGENEH: And, Mr. Garcia -- I'm sorry. Mr. Rivera, this letter went directly from you to Ms. Cappleman, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: You didn't send it through your attorney, correct?
LUIS RIVERA: No.
MR. ZANGENEH: And in this letter, in essence, you want to get out of confinement, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And the reason why you said that you were in confinement was because you helped the government, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: I'm showing you what's been marked as -- I'm sorry, Defense Exhibit 4, Garcia 4.
That is another letter you sent the same day, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And you -- you wrote -- whose name is that?
LUIS RIVERA: Her name.
MR. ZANGENEH: what's her name?
LUIS RIVERA: Capp leman.
MR. ZANGENEH: what's her first name?
LUIS RIVERA: Georgia.
MR. ZANGENEH: Did you write this letter?
LUIS RIVERA: Somebody wrote it for me.
MR. ZANGENEH: Somebody wrote for you.
LUIS RIVERA: I just rewrote it.
MR. ZANGENEH: I'm sorry?
LUIS RIVERA: Somebody wrote the letter, and I rewrote it.
MR. ZANGENEH: So that's your actual handwriting?
LUIS RIVERA: Yeah.
MR. ZANGENEH: And in this letter, what's the first sentence say?
LUIS RIVERA: Somebody wrote it for me, sir.
MR. ZANGENEH: Okay.
LUIS RIVERA: I can't read it.
MR. ZANGENEH: You can't read it?
LUIS RIVERA: No. I had somebody write it for me. And he's the one that told me about it. He wrote it for me, and I just rewrote it and sent it off.
MR. ZANGENEH: well, let me read it to you.
JUDGE HANKINSON: You don't need to read it. It's in evidence. Move on, Mr. Zangeneh.
MR. ZANGENEH: well, the --
JUDGE HANKINSON: Move on, I said, move on.
MR. ZANGENEH: Yes, sir.
JUDGE HANKINSON: We've done this enough. Put the letter down.
BY MR. ZANGENEH:
MR. ZANGENEH: You testified yesterday that as a result of your cooperation your life would be in danger, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: That as a result of you cooperating with the government in this case, that they were going to kill you, right?
LUIS RIVERA: They're trying it right now.
MR. ZANGENEH: I'm sorry?
LUIS RIVERA: They're trying to do it right now.
MR. ZANGENEH: You're here, right?
LUIS RIVERA: Talking to you, yes.
MR. ZANGENEH: And those two letters that you sent Ms. Cappleman, you're asking to be put back in general population, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Out of the SHU? Out of protective custody?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Give me a second, Judge.
BY MR. ZANGENEH:
MR. ZANGENEH: Mr. Rivera, who wrote that letter for you?
LUIS RIVERA: An inmate.
MR. ZANGENEH: Do you remember the inmate's name?
LUIS RIVERA: No, sir.
MR. ZANGENEH: That inmate was in -- was he in your -- was he in -- I assume he was in the SHU in November of 2016?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Do you remember what pod you were in?
LUIS RIVERA: G Pod.
MR. ZANGENEH: On July 14th, 2014, you rented the Prius and came up to Tallahassee?
JUDGE HANKINSON: we're not going to start repeating testimony, Mr. Zangeneh.
MR. ZANGENEH: TI apologize.
JUDGE HANKINSON: Go to something new.
BY MR. ZANGENEH:
MR. ZANGENEH: where did you stay?
JUDGE HANKINSON: we've done that. Move on. Something new, Mr. Zangeneh.
BY MR. ZANGENEH:
MR. ZANGENEH: On the day in question, what time did you start following Mr. Markel?
JUDGE HANKINSON: Something new, I said, Mr. Zangeneh.
BY MR. ZANGENEH:
MR. ZANGENEH: Do you remember what time you got to Premier Fitness?
LUIS RIVERA: Do that again.
MR. ZANGENEH: Sure. Mr. Markel went to the gym, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Do you know what time he got to the -- what time you got to the gym?
LUIS RIVERA: No.
MR. ZANGENEH: were you following Mr. Markel from the day care to the gym?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And it's your testimony that you were in the car with Mr. Garcia?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: You weren't in the car with another Latin King?
LUIS RIVERA: No, sir. You bring these Latin Kings back and forth, man. You got my life in jeopardy right now just because -- and yesterday you told me about the same thing, where is my location at? My life is in jeopardy even worse now because now they know where I'm at. And that's protective custody.
MR. ZANGENEH: So the answer to my question?
JUDGE HANKINSON: He answered your question. Do you have another question, Mr. Zangeneh?
MR. ZANGENEH: I do.
BY MR. ZANGENEH:
MR. ZANGENEH: How far behind Mr. Markel were you when he pulled into -- when he pulled into the -- the gym?
LUIS RIVERA: To the gym?
MR. ZANGENEH: Yeah. To Premier.
LUIS RIVERA: Two cars down from him.
MR. ZANGENEH: So you were, let's say, 100 feet behind him?
LUIS RIVERA: Like two -- two cars behind him.
MR. ZANGENEH: Two cars? would you say five seconds behind him?
LUIS RIVERA: Yeah.
MR. ZANGENEH: And you pulled into the parking lot?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And you testified -- well, at any point did you or Sigfredo Garcia get out of the Prius?
LUIS RIVERA: I didn't get of the Prius at all.
MR. ZANGENEH: Did Mr. Garcia get out -- did Mr. Garcia get out of the Prius to urinate?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: In the Premier parking lot?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: where were you parked when he did that?
LUIS RIVERA: Almost toward the street. By a -- by a bush.
MR. ZANGENEH: was the parking lot empty or full?
LUIS RIVERA: It had cars around.
MR. ZANGENEH: And by having cars around it, you mean there were a lot of cars around it?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And will you agree that there are people constantly coming in and out of the -- out of the gymnasium?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And did you see someone who worked as -- I don't know if they're security, but there was personnel or someone that was working on staff, walking around the parking lot?
LUIS RIVERA: I don't remember.
MR. ZANGENEH: was it your plan that morning to commit the murder?
LUIS RIVERA: My plan?
MR. ZANGENEH: Yes.
LUIS RIVERA: NO.
MR. ZANGENEH: was this another surveillance day?
LUIS RIVERA: For the murder, the day of the murder? That's another day.
MR. ZANGENEH: I'm sorry?
LUIS RIVERA: It's another day.
MR. ZANGENEH: was it your plan when you woke up in the morning that that was the day you were going to commit the murder?
LUIS RIVERA: No, it was not my plan. we woke up and went to do what we got to do.
MR. ZANGENEH: You had not called or you had not heard anybody call saying, "Today we're going to commit the murder," correct?
LUIS RIVERA: No.
MR. ZANGENEH: After you -- Mr. Markel leaves the gym and you follow him, you pull out -- when you see him pulling towards his neighborhood, you pull into another direction, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Because you don't want him to be seeing you behind him, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And you pull up into 2116 Trescott Av, right behind his car that's in the garage?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And that's where Mr. Markel is killed?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And it's your testimony that you are not the shooter?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Is there anybody else that could testify to who the shooter is?
JUDGE HANKINSON: That's not an appropriate question, Mr. Zangeneh.
BY MR. ZANGENEH:
MR. ZANGENEH: was there anybody else in the car with you?
LUIS RIVERA: Garcia was in the car with me.
MR. ZANGENEH: Anybody other than Garcia?
LUIS RIVERA: Nobody else.
MR. ZANGENEH: So you'll agree you're the only person that could --
JUDGE HANKINSON: Let's go sidebar, please.
(sidebar as follows):
JUDGE HANKINSON: My concern, Mr. Zangeneh, is you're going to elicit a comment on your client's right to remain silent.
Now, if you wish to do so, so be it. But that's -- that's probably the answer I'm surprised you haven't gotten already, yet your client could testify to that. So if you elicit that, you're not going to be heard to complain that that's what's said.
MR. ZANGENEH: That wasn't my intention.
JUDGE HANKINSON: well, I didn't think it was. But that's the question, that's the straightforward answer to your question. So if you elicit that, you're not going to be heard to complain. You understand?
MR. ZANGENEH: All right. I'11l withdraw the question.
JUDGE HANKINSON: All] right.
(sidebar concluded.)
JUDGE HANKINSON: I was hoping we could find a stopping point, but I guess we're going to need to take a break. we'll let y'all step out, 15 minutes.
(Jury exits the courtroom.)
JUDGE HANKINSON: Everybody be seated.
Mr. Zangeneh, do you wish to refresh the witness's recollection as to any issues?
MR. ZANGENEH: Judge, I'm going to withdraw my -- my last question.
JUDGE HANKINSON: Okay.
MR. ZANGENEH: I'll do that in front of the --
JUDGE HANKINSON: I've moved on to something different, I'm sorry.
Do you wish -- I said we would give you an opportunity at the end of cross examination to refresh his recollection, if you desire, by reading to him what it is you wish to use to refresh. If we're going to do that, let's do it now.
MR. ZANGENEH: Let me take a look at my notes, Judge.
JUDGE HANKINSON: AI1l right.
(Pause. )
JUDGE HANKINSON: Mr. Zangeneh, do you wish to refresh his recollection?
JUDGE HANKINSON: Okay. We were waiting to hear the answer to that.
MR. ZANGENEH: I apologize, Judge. I was going over the --
JUDGE HANKINSON: All right. Let -- let me comment on something. There have been a couple of times when you obviously are soliciting information from Mr. Garcia in front of the jury. Don't do that, please.
There have been a couple of times where there was something about what car it was or how much you paid for the car. You're obviously looking over to Mr. Garcia and getting an affirmation of the correct answer. Don't do that in front of the jury. All right? That's inappropriate. Okay? You understand what I'm talking about?
MR. ZANGENEH: Yes, sir.
JUDGE HANKINSON: All right. we'll take ten minutes.
(Recess. )
BAILIFF: All rise.
JUDGE HANKINSON: Let's have the jury.
BAILIFF: All rise for the jury.
(Jury enters courtroom.)
JUDGE HANKINSON: Everybody be seated, please.
Mr. Zangeneh.
MR. ZANGENEH: Can you read me my last question? Actually, you know what? I'm fine, Madam Court Reporter. Thank you. I apologize. I remember where I am.
May I proceed, Judge?
JUDGE HANKINSON: You may.
MR. ZANGENEH: Thank you.
BY MR. ZANGENEH:
MR. ZANGENEH: Mr. Rivera, you were charged with first-degree murder, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And the government had sought to ask a jury to put you to death, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Seeking the death penalty, right?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And were you aware that one of the aggravators that a jury can consider in determining the death penalty is gang affiliation?
LUIS RIVERA: Repeat that question again, please.
MR. ZANGENEH: Sure, no problem.
were you aware that one of the aggravating factors that a jury can consider in determining whether or not they are going to choose life or death is whether or not someone has gang affiliation? Did your lawyers discuss that with you?
LUIS RIVERA: I don't remember.
MR. ZANGENEH: You don't remember. Okay.
But as a result of your negotiated plea, you received a charge of second-degree murder, not first-degree murder, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: And, obviously, your exposure to the death penalty was no longer something you had to be concerned about with regards to this prosecution, correct?
LUIS RIVERA: Yes, sir.
MR. ZANGENEH: Judge, at this point I will tender the witness with the right to recall Mr. Rivera.
JUDGE HANKINSON: Magbanua.
MR. DECOSTE: Your Honor, if I may set up the courtroom for Ms. Kawass?
JUDGE HANKINSON: Sure.
MS. KAWASS: May it please the Court, Counsel.
CROSS EXAMINATION BY MS. KAWASS:
MS. KAWASS: Mr. Rivera, you've known Sigfredo Garcia since you guys were kids, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: I believe you said on direct examination yesterday you've known him since you were five to six years old; isn't that true?
LUIS RIVERA: Yes, sir -- yes, ma'am. Sorry.
MS. KAWASS: You went to the same school as Sigfredo Garcia, correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: what school was that?
LUIS RIVERA: Biscayne Elementary. Biscayne Elementary.
MS. KAWASS: And then did you end up going to -- is it high school that comes next?
LUIS RIVERA: No, middle school.
MS. KAWASS: Middle school? I didn't go to school here, so I don't know. So middle school, and you completed middle school?
LUIS RIVERA: No.
MS. KAWASS: when did you drop out of school?
LUIS RIVERA: I was on and off school. I was going to Jan Mann Opportunity School.
MS. KAWASS: Okay. So you went to the JMI Opportunity School, and what grade did you complete there?
LUIS RIVERA: I think I was in the sixth grade over there.
MS. KAWASS: Okay. You also, after, were able to complete a certificate at Turner Tech in Miami, correct?
LUIS RIVERA: Turner Tech, no.
MS. KAWASS: It wasn't Turner Tech? what was it?
LUIS RIVERA: Miami?
MS. KAWASS: what did you get your certificate in so that you could work at Coastal Masonry?
LUIS RIVERA: Oh, yeah, I'm sorry. I'm sorry. Yeah, you're right.
MS. KAWASS: Okay. It's Turner Tech, right? I got that right?
LUIS RIVERA: Yes, ma'am.
JUDGE HANKINSON: Slide forward just a little bit, please, Mr. Rivera. All right.
BY MS. KAWASS:
MS. KAWASS: So you were also able to go to a secondary institution and obtain a certificate?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And that was in?
LUIS RIVERA: Turner Tech -- william Turner Tech High School.
MS. KAWASS: what was the certification?
LUIS RIVERA: Masonry.
MS. KAWASS: Okay. And you had to take an exam, right?
LUIS RIVERA: The exam is laying blocks.
MS. KAWASS: Okay.
LUIS RIVERA: You got to lay block.
MS. KAWASS: Now, even though you were really close with Sigfredo, you were not close with Katherine Magbanua, correct?
LUIS RIVERA: Yes. Yes, ma'am.
MS. KAWASS: Is it a fair characterization that you only hung out with her because she was dating Sigfredo on and off?
LUIS RIVERA: Yes, ma'am.
JUDGE HANKINSON: Let's remember the names, please.
MS. KAWASS: Oh, full names. I apologize, Your Honor.
BY MS. KAWASS:
MS. KAWASS: Now, Katherine Magbanua and Sigfredo Garcia were dating on and off for ten years, correct? About?
LUIS RIVERA: About, yeah.
MS. KAWASS: And they had two children together?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: You know about these kids? You've met them before?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: One is their son Ethan?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And then they have a daughter, Kaylee?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Now, in 2013, correct me if I'm wrong, this was the time that Katherine Magbanua kicked Sigfredo Garcia out of her house. Does that sound about right?
LUIS RIVERA: I don't remember.
MS. KAWASS: Okay. This was the time when she was living with her kids and her mother in North Bay Village? Sound familiar?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: So that would be around a correct assessment, 2013?
LUIS RIVERA: I don't remember the year.
MS. KAWASS: Okay. But you do remember that big breakup where she kicked him out?
LUIS RIVERA: Yeah.
MS. KAWASS: Okay. And even though Sigfredo Garcia was broken up with Katherine Magbanua, he didn't abandon his kids, did he?
LUIS RIVERA: Never.
MS. KAWASS: Never.
Family comes first, right?
LUIS RIVERA: Always.
MS. KAWASS: Always.
And he would still help Katherine Magbanua take care of the kids?
LUIS RIVERA: Of course.
MS. KAWASS: And that's because at that time, you remember, Katherine was -- Katherine Magbanua was working in the clubs?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: You remember that?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And Sigfredo Garcia actually had to help because she was working at night; is that right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: She needed him to watch the kids?
LUIS RIVERA: He's a good father.
MS. KAWASS: He's a good father.
And he would do that, right?
LUIS RIVERA: Of course. Kids.
MS. KAWASS: So is it fair to say even though they were broken up, they were always in constant communication because of the kids?
LUIS RIVERA: Of course.
MS. KAWASS: Now, let's talk about where Sigfredo, if you know, where Sigfredo Garcia would get his money from. Because it's fair to say he didn't have a steady job, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All right. Now, at the time when there was this separation between them, he was doing a lot of the cocaine, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And he was drinking a lot?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And this is because he was kind of messed up about the breakup, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And if there's something that I say that's not correct, you let me know, okay, Mr. Rivera?
LUIS RIVERA: I will let you know.
MS. KAWASS: Okay. Now, isn't it true at this time, that Sigfredo was selling cocaine?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: How do you get paid when you're selling cocaine?
LUIS RIVERA: How do you get paid when you're selling cocaine?
MS. KAWASS: Yeah. People don't pay you in check.
MR. ZANGENEH: Objection. Sidebar?
JUDGE HANKINSON: You want to be heard at sidebar?
MR. ZANGENEH: Yes, please.
(Sidebar as follows):
JUDGE HANKINSON: Mr. Zangeneh.
MR. ZANGENEH: Yes, Judge, at this time I'm going to be moving for a mistrial.
Ms. Kawass has elicited from a witness improper character evidence against my client that would have never come out with regards to him selling cocaine if this case wasn't severed. Because the cases are tried together, now Ms. Kawass iS putting me in a situation where, to remedy the question that's been answered and the answer that has been elicited, I would have to call Mr. Garcia to be able to rebut the allegation that my client was a drug dealer.
He has no -- he has not taken the stand. His prior criminal acts or convictions have not been put into evidence. And now a jury, in addition to seeing my client as someone that's in a murder-for-hire situation, sees him as someone that is distributing narcotics.
Now, I know that we did elicit that he was a user of cocaine, but there is definitely a distinction between a user of cocaine and someone that is out distributing narcotics.
JUDGE HANKINSON: what -- what answer do you think has been presented to this jury that shows distribution? There -- there was a question whether he was using cocaine that was, without objection, answered.
There's a question out there, but by my recollection, it's not been answered.
MS. KAWASS: Actually, Your Honor, I asked him, "Did Garcia sell cocaine?" And he said, "Yes." And I said, "How do you get paid when you sell cocaine?"
JUDGE HANKINSON: Okay. well, there was no objection to the question, if that was the question and the answer. So why would you have not objected, Mr. Zangeneh?
MR. ZANGENEH: I -- I -- it took me a few seconds to -- to object because I was absorbing the information and writing notes.
JUDGE HANKINSON: There was no timely objection. It's -- and I don't specifically remember the question and answer. What Ms. Kawass relayed, it seems to be consistent with my recollection. So it was a straightforward question, a straightforward answer.
I'll sustain the objection as to the next question that was asked. Deny the Motion for Mistrial.
So anything further?
MS. KAWASS: That would just be over my objection since this evidence is crucial to my defense, which I put everybody on notice of when I moved to sever the case.
So now the Court is essentially gutting me or stripping me of my ability to bring out evidence that I would have been allowed to bring out had the cases been severed. So now that the Court is keeping the cases together, it is limiting my defense.
JUDGE HANKINSON: well, I don't agree that this is evidence that would be admissible in -- in the trial alone. How he gets paid for his use is really not relevant to anybody's resolution, so I'll overrule that. I'll deny that request.
MR. ZANGENEH: If I may just add for the record, Your Honor, I believe that when the Court -- when I made my objection, I believe it was timely. I believe the Court didn't even hear Mr. Rivera's response.
while I -- I don't -- I don't dispute what -- what Ms. Kawass is saying, I believe that it was contemporaneous, and that's why the Court didn't hear Mr. Rivera's response.
JUDGE HANKINSON: No, I think -- no. The question was something along the lines of how you get money for distribution. I think it's clear that answer -- that question was not answered. So, anyway, that's my ruling.
MR. ZANGENEH: Yes, sir.
(Sidebar concluded.)
JUDGE HANKINSON: You may proceed.
MS. KAWASS: Yes, Your Honor.
BY MS. KAWASS:
MS. KAWASS: Mr. Rivera, now you had a job, a pretty good job at the Coastal Masonry, correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: what is Coastal Masonry?
LUIS RIVERA: It's a block -- it's a block company.
MS. KAWASS: And you do primarily construction work, correct?
LUIS RIVERA: Fifteen years, yes, ma'am.
MS. KAWASS: And that would my next question. How long did you work at Coastal Masonry?
LUIS RIVERA: Fifteen years straight.
MS. KAWASS: And you were actually working at that job when you were arrested on the federal case in 2015, correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All right. And you even got Sigfredo Garcia a job at Coastal Masonry, correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And this was in the time frame, correct me if I'm wrong, in between the two trips?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All right. And you had to fire him?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: why did you have to fire him?
LUIS RIVERA: Drinking on the job.
MS. KAWASS: And you fired him before you went to the -- on -- on the second trip, correct?
LUIS RIVERA: I don't remember.
MS. KAWASS: You had to get time off for the second trip, correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: You had to call your boss and ask him?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: He didn't have to because he wasn't working there.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Now, around the time of the June trip -- the first trip is what I'm going to keep calling it, okay? So that we can keep the two separate. Sigfredo did not have a job at that time?
LUIS RIVERA: No, ma'am, I don't think so.
MS. KAWASS: And at that time Katie, like you said, was dating "the dentist" is what you called him?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All right. And you knew what his name was at the time because Sigfredo Garcia told you what his name was.
LUIS RIVERA: I did not remember his name. we just called him the dentist. That was his name.
MS. KAWASS: But the only way you could have known the name would have been from Sigfredo Garcia?
LUIS RIVERA: He say it was a dentist. Never gave me a name --
MS. KAWASS: He never gave you a name?
LUIS RIVERA: -- until later on in the future.
MS. KAWASS: All right. You recall giving a deposition in this case in March of this year in Tucson, Arizona?
LUIS RIVERA: Yeah.
MS. KAWASS: Remember I was there? That's the first time we met?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Mr. Decoste was there?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Remember the court reporter that was there?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: She took down everything we said?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: You swore to tell the truth, the whole truth, and nothing but the truth before you gave that testimony?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. The same oath that you took today, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: I'm referring Court and Counsel to the March 22nd deposition, Page 31, and I'm starting at Line 16, down to 24.
Question: Did he give you at the time any specifics with who?
Answer: Yes. He told me the dentist. I forgot his name. He said his name. I'm bad with names. He said the dentist, we'll just keep it like that.
Did he tell you it was her boss?
Yes.
Do you remember telling us that?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. Is that accurate? You told us that he did tell you the name at the time, but you just couldn't remember?
LUIS RIVERA: I'm bad with names.
MS. KAWASS: And you referred to him as her boss. He eventually became her boss, that's how Sigfredo would refer to him as, right?
LUIS RIVERA: Yeah.
MS. KAWASS: So it's common knowledge amongst everyone that knew Sigfredo Garcia and Katherine Magbanua that she was working for Charlie Adelson, the dentist?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Now, you said on cross examination Sigfredo Garcia was very jealous of Charlie Adelson?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: He was very angry that they were dating, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: So I want to talk to you about that incident where you were in a truck with Sigfredo Garcia.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: whose truck was that?
LUIS RIVERA: Sigfredo.
MS. KAWASS: was that a Dodge truck?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Black truck?
LUIS RIVERA: Yes.
MS. KAWASS: All right. And you didn't know where you were going when he picked you up, right?
LUIS RIVERA: No, ma'am.
MS. KAWASS: All of sudden you are parking and you are observing Katherine Magbanua eating with someone, correct?
LUIS RIVERA: Yeah.
MS. KAWASS: All right. Isn't it true that Sigfredo Garcia said, "Look at that, look at Katie over there with the dentist"?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Didn't he say, "I feel like taking my truck and running these mother fuckers over to the restaurant"?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: He also said, "I should get this truck and just smash them and run theirs asses over while they're eating"?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: So that's fair to say that he was angry?
LUIS RIVERA: Yes, he was.
MS. KAWASS: You had to talk him down; isn't that true?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: You had to stop him from running them over?
LUIS RIVERA: I was in that truck. I was not going to do anything like that.
MS. KAWASS: And they didn't even know that you guys were there, or you don't have any indication that they knew that you were there, right?
LUIS RIVERA: I don't know if they knew we were there or not.
MS. KAWASS: Okay. I mean, no one jumped out the car and approached them or anything like that?
LUIS RIVERA: No, ma'am.
MS. KAWASS: Now, at this time, too, when this breakup is going on, isn't it true that Sigfredo Garcia was dating who you termed as Shrimp?
LUIS RIVERA: Shrimp, yes, ma'am.
MS. KAWASS: Isn't her real name Stefanie Carmona?
LUIS RIVERA: I ain't know her real name.
MS. KAWASS: The other nickname is Tatee, is what you know her as?
LUIS RIVERA: I know Tatee, yeah.
MS. KAWASS: what does she do for a living?
MS. CAPPLEMAN: Objection, relevance.
JUDGE HANKINSON: Overruled.
LUIS RIVERA: A Striper. Dance.
BY MS. KAWASS:
MS. KAWASS: And he started dating her, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And at some point he actually moved into her apartment?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: where was her apartment?
JUDGE HANKINSON: I'm going to sustain the relevance objection at this point. Move on, please.
MS. KAWASS: And, Your Honor, it would be over my objection because there was no objection.
JUDGE HANKINSON: Well, I earlier denied her relevance objection. I think it's reached a point where I agree it's become irrelevant, so I'm sustaining her objection.
BY MS. KAWASS:
MS. KAWASS: Now, in 2015 when the accident happened with Shrimp on the back, right? The bike accident?
LUIS RIVERA: Yeah.
MS. KAWASS: Shrimp was on the bike with Sigfredo Garcia, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And this was in January of 2015?
LUIS RIVERA: I don't remember the month.
MS. KAWASS: But it was in 2015?
LUIS RIVERA: Yeah, before I got locked up.
MS. KAWASS: Before you got locked up. Okay.
And Katherine did not -- Katherine Magbanua did not approve of his relationship with this woman, did she?
LUIS RIVERA: what you mean approve? Like, she didn't want her with him?
MS. KAWASS: well, yes. I mean, she wasn't okay with him dating Shrimp, was she?
LUIS RIVERA: No, I don't guess.
MS. KAWASS: Or you don't know?
LUIS RIVERA: I don't really know to be honest.
MS. KAWASS: But Mr. Garcia and Shrimp were still together in 2015 because they were on the bike together.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. Now your daughter -- you have a daughter that was born in June of 2014, correct?
LUIS RIVERA: June, yeah, June 27th.
MS. KAWASS: And so I don't say her name, we can refer to as Lulu as her nickname, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. Lulu was actually born on June 27th of 2014.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: That is right dab smack in the middle of the two trips, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: So it would be fair to say that that's a good reference point for your memory, because you remember your daughter being born, right?
LUIS RIVERA: of course.
MS. KAWASS: And your daughter actually was born with a hole in her heart, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And she was in the hospital for a while?
LUIS RIVERA: Yes.
MS. KAWASS: You were there every day?
LUIS RIVERA: Yes.
MS. KAWASS: You remember that happening?
LUIS RIVERA: Of course.
MS. KAWASS: All right. And, of course, you were there because you know how important it is to be a father to someone's kids, right? To your kids?
LUIS RIVERA: Of course. My baby girl.
MS. KAWASS: Right. You don't only have one kid, do you?
LUIS RIVERA: No, ma'am.
MS. KAWASS: How many do you have?
LUIS RIVERA: I got five.
MS. KAWASS: All right. And you take your role as father seriously?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. Now, before we go any further, I would like to go over a timeline because I think this is going to assist. And this is just going to be dealing with the different statements that you've given in this case.
MS. KAWASS: And, Your Honor, I just want to make sure you can see.
JUDGE HANKINSON: I'll move.
MS. KAWASS: Okay.
BY MS. KAWASS:
MS. KAWASS: Okay. You ready?
Now, before I go into the details of your participation in Dan Markel's execution, let's start with where all your statements were. Okay?
May 27th of 2016, you were in a federal detention center, Coleman, in Orlando, correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All right. At this point you're already sentenced to 12 years in prison on your federal case?
LUIS RIVERA: Twelve and a half.
MS. KAWASS: Twelve and a half. Okay. Thank you.
And you were -- and this is a conviction for conspiracy, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. And we'll get back to those details.
But on that date, okay, two detectives came to speak to you at Coleman, correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And they specifically asked you about your involvement in a homicide in Tallahassee, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: You flat-out denied knowing anything about no murder.
LUIS RIVERA: Of course.
MS. KAWASS: So on 5/27 it's fair to say you gave no information.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. They read you your rights?
LUIS RIVERA: That day they seen me? No.
MS. KAWASS: They did not read you your rights?
LUIS RIVERA: Shit. Yeah. I think so.
MS. KAWASS: Okay. Does it -- I mean, you know what your rights are?
LUIS RIVERA: Of course.
MS. KAWASS: All right. So -- but you don't know if --
LUIS RIVERA: I just don't remember.
MS. KAWASS: All right. And you knew that that statement was recorded.
LUIS RIVERA: Everything is -- everything is recorded.
MS. KAWASS: All right. And I know you say that, but just to make sure it's clear for the jury, I'm going to ask, and you need to let me know if you think it was recorded or you know it was recorded. Okay?
So did you know that on 5/27 it was recorded?
LUIS RIVERA: I think everything was recorded.
MS. KAWASS: Okay. So it's a "think"?
LUIS RIVERA: Everything was recorded.
MS. KAWASS: Everything is recorded. Okay.
Did you see a tape recorder or anything in front of you?
LUIS RIVERA: Yeah, they had everything.
MS. KAWASS: They had everything, they're the FBI.
So let's now move on to what happens next. Then after 5/27 -- you denied everything, right? Were you then charged with the murder of Dan Markel?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. You, along with Sigfredo Garcia, are then transferred to Leon County, where you are right now, detention facility.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: To face the charges, correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All right. And isn't it true that your warrant and everyone's warrant was released to the media?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Because your family called you and told you about it, right?
LUIS RIVERA: Of course.
MS. KAWASS: And they spoke to you about all of the State's theory of what they thought the case was, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: They could read it for themselves?
LUIS RIVERA: Yeah.
MS. KAWASS: And Mr. Zangeneh brought out you were made very well aware of the fact that the State was seeking the death penalty against you, correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: They were trying to kill you, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Now, your case is set for trial. All right? And you are appointed a lawyer by the State.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And that would be Mr. Collins?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Now, you had two Collins representing you. Do you remember who was the primary attorney on your case?
LUIS RIVERA: Chuck Collins.
MS. KAWASS: Chuck Collins. Okay. I just want to make sure I'm referring to the correct one. Okay?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All right. Now, before you took your plea, you and your lawyer went over all of your evidence, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Because you're not going to take a plea unless you know what the evidence is against you, correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. And your lawyer is under an obligation to go over all of the evidence with you.
LUIS RIVERA: Of course.
MS. KAWASS: Did he show you any videos or anything like that?
LUIS RIVERA: No, ma'am.
MS. KAWASS: No?
LUIS RIVERA: No.
MS. KAWASS: But he went over at least all the reports and everything that was written down.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. And that's because when you take a plea, courts ask: Do you understand what the evidence is against you? Correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All right. All right. So now we're moving to August 8th. Okay?
You signed a proffer agreement on August 8th, correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. Now, that had your signature on it, and it basically said that whatever you are going to tell the prosecution, you had immunity for it; is that correct?
LUIS RIVERA: I don't remember.
MS. KAWASS: You don't remember? Okay.
So I have the document in front of me. And is it fair to say that the document, if your signature is on it, would be an accurate reflection of what it said?
LUIS RIVERA: Yeah.
MS. KAWASS: So I'm going to move on just for now, and then we'll -- we'll take that up a little later. All right?
But your understanding was -- I mean, let me know, you were just going to talk to them without any protection?
LUIS RIVERA: Yeah. I didn't -- I didn't need no protection. Like I wasn't worrying about protection. But now that all this came out to the media and everybody knows, I need protection.
MS. KAWASS: Okay. And just so that while I have you on the stand, just to make sure --
MS. KAWASS: Your Honor, may I approach? Just for him to identify something? I'm not moving anything into evidence.
JUDGE HANKINSON: You may. Are you giving this a number?
MS. KAWASS: Let me mark it as an exhibit.
BY MS. KAWASS:
MS. KAWASS: All right. Mr. Rivera, I'm showing you what has been marked as a defense exhibit, it's Defense Exhibit No. 3.
Do you see that?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Do you see what I'm showing you?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Is this the first time you've ever seen this before?
LUIS RIVERA: No, ma'am.
MS. KAWASS: Okay. This signature right here, is that your signature?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. Okay.
Now let's talk about the setup on that day. All right? So you agreed to talk to the prosecution. This is August 8th, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All right. Your lawyer was there?
LUIS RIVERA: Yes.
MS. KAWASS: And you were in a room with your lawyer, right?
LUIS RIVERA: Yes.
MS. KAWASS: And the prosecutor and the investigator were actually in the other room; isn't that true?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: You don't remember the questions that they asked you?
LUIS RIVERA: No, ma'am.
MS. KAWASS: You don't remember the answers that you gave?
LUIS RIVERA: No.
MS. KAWASS: But you do remember that there was a back and forth?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And then before you would give your responses, you discussed it with your attorney; he would then give the answer over, and then it would just kind of go like a tennis match, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Now, at that time on August 8th, okay? And we put question marks because you don't remember what you said and what they said, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. And you and the prosecutor, one thing we know, were not able to come to an agreement at that time.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: That's true, right?
LUIS RIVERA: That's true.
MS. KAWASS: So your case is continuing in the trial path.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All right. Then you have another meeting like that, the one I just described with the prosecutors, in late September; isn't that true?
LUIS RIVERA: Yes.
MS. KAWASS: Now I'm going to ask you again just so the record is clear, that wasn't recorded either, or it was?
LUIS RIVERA: Everything was recorded to my knowledge.
MS. KAWASS: Okay. So then the next day, on September 30th of 2016, isn't it true that Detective Isom and Agent Sanford came to the Jefferson County Jail to take a statement from you?
Do you remember that? Or did they pull you out of the jail? You tell me.
LUIS RIVERA: I was -- I was in the jail.
MS. KAWASS: You were in the jail when they took -- this was before you go on the ride-along with them?
LUIS RIVERA: Yeah.
MS. KAWASS: Okay. So on that timeline, they meet with you in the jail, and you provide them with a statement, right?
LUIS RIVERA: Yeah.
MS. KAWASS: And the detectives are asking you all these questions, right?
LUIS RIVERA: Yeah.
MS. KAWASS: But it's not recorded?
LUIS RIVERA: I don't know about that. Just like I told you, to me, my knowledge, everything was recorded.
MS. KAWASS: Do you remember if Detective Isom or Agent Sanford -- you know who those individuals are, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Do you remember if you saw them taking down notes?
LUIS RIVERA: I can't remember.
MS. KAWASS: Okay. Now, after that meeting, isn't it true that you said you wanted 15 years for this?
LUIS RIVERA: Yeah.
MS. KAWASS: Now, 15 -- I mean, you're already serving 12.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And so three would just be, I mean, if you get the gain time, if you do, you know, it's going to kind of line up, you wouldn't really spend too much time in State custody, correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All right. You tell them at that time that Garcia is the shooter, Sigfredo Garcia, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And then the very next day -- or it's not the next day, I think it's October 2nd, they actually come back to you and say that they are willing to offer you 19, right?
LUIS RIVERA: Yeah. I think they tried to offer me 25 and I denied it.
MS. KAWASS: Okay. But, then, after October 1st they came back to you, and now the deal was had at 19 years.
LUIS RIVERA: Nineteen, yeah.
MS. KAWASS: Did they tell you what happened on October 1st?
LUIS RIVERA: No.
MS. KAWASS: Did they -- did you --
LUIS RIVERA: I don't remember.
MS. KAWASS: Did you know that Katie was arrested on that day after you spoke to them?
LUIS RIVERA: I don't think so. I don't remember.
MS. KAWASS: You don't remember. Okay.
Now, at that time you finally -- you signed an agreement, right?
LUIS RIVERA: Yeah.
MS. KAWASS: Yeah. It's the plea cooperation deal that you made with the State, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And that's actually a signed document with your Signature on it?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And I'm sure your lawyer went over it with you, right?
LUIS RIVERA: Yes.
MS. KAWASS: And it spells out what is expected of you, correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All right. Do you remember the details of that proffer agreement?
LUIS RIVERA: No, ma'am.
MS. KAWASS: That cooperation agreement? You do not. Okay.
So -- but you do remember signing it?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All right. So I'm going to come back to that a little later. All right?
So let's now talk -- now -- and the -- the final remaining statements, just so that I get your agreement on them so we know it's accurate, November 29th, 2016, you meet in front of a grand jury to provide sworn testimony, correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: You remember doing that?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Then on January 31st of 2018, you provided a depo to Mr. Zangeneh, a deposition.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. where he sat down and he was asking you questions with a court reporter, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And then on March 22nd, 2019, that's when you -- we took your deposition, correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Same rules applied. You understand what your responsibilities were, were to tell the truth, correct?
LUIS RIVERA: Yes.
MS. KAWASS: And I want to make sure I didn't miss anything -- I leave one out.
Actually, the only recorded statement that the cops took on October 4th, after you've cut the deal, right? You, Detective Isom and Agent Sanford and your lawyers finally sit down in a room, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And record your statement for the first time. According to them, it's the first recording they have of your statement.
LUIS RIVERA: I guess. I don't know.
MS. CAPPLEMAN: Your Honor, I object. I think he answered the question he doesn't know. He presumed everything was recorded.
JUDGE HANKINSON: Sustained.
BY MS. KAWASS:
MS. KAWASS: Have you seen that recording?
LUIS RIVERA: No.
MS. KAWASS: You know that recording was released to the media?
LUIS RIVERA: Yes. My family saw it.
MS. KAWASS: Your family saw it, right?
Now, your family, who is the closest one you're to?
LUIS RIVERA: My sister.
MS. KAWASS: Your sister. which one? Maria?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Maria Rivera, she is your closest sibling, correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All right. So now we're going to start jotting some things down, and I want to keep this very organized with trip one and trip two. Okay?
Now, isn't it true that around this time in 2014, you were using Molly like candy?
LUIS RIVERA: I was using Molly like candy?
MS. KAWASS: Uh-huh.
LUIS RIVERA: Not like candy but I used it.
MS. KAWASS: Do you remember giving a statement in the deposition in Arizona when I was there? Mr. Decoste was there?
LUIS RIVERA: Yeah, I know you were there.
MS. KAWASS: Okay.
LUIS RIVERA: I remember you being there. I didn't forget that.
MS. KAWASS: You never said that?
LUIS RIVERA: I say I did not forget you being there.
MS. KAWASS: Oh, okay.
Is it your testimony you did not say that?
LUIS RIVERA: No, I did. I did.
MS. KAWASS: Oh, you did say it? Okay. So I don't need to --
LUIS RIVERA: I took Molly but not like candy. I don't remember saying like candy. But I don't remember saying like candy, but I took Molly.
MS. KAWASS: Okay. So I am going to refer the Court and Counsel, all counsels to Page 41.
So what about Molly -- starting at Line 4 and ending at 7.
"So what about Molly, MDMA?"
"Oh, yeah, Molly. we'll take Molly like candy. I forgot about Molly.”
Remember that?
LUIS RIVERA: I just said I forgot about it.
MS. KAWASS: Okay. You also were doing cocaine?
LUIS RIVERA: Yeah.
MS. KAWASS: Now, I want to start -- the major thing is the first time you found out from Sigfredo Garcia that you were going to Tallahassee to execute a father, a man that you did not know, okay?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: In direct examination -- I don't know how we're going to do this because you testified to two things.
At first you testified that you found out that it was a murder on the way up to Tallahassee. Remember that?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And then on cross examination with Mr. Zangeneh, you testified that you found out about it when you reached Tallahassee. Do you remember that?
LUIS RIVERA: I said that yesterday?
MS. KAWASS: Yeah.
JUDGE HANKINSON: No. we're -- that's an improper question. The jury will remember what was said. It's not for you to say what was said, Ms. Kawass.
BY MS. KAWASS:
MS. KAWASS: Okay. Now, on November 29th of 2016 you provided grand jury testimony, correct?
LUIS RIVERA: That's the day my grandmother died. Yes, I remember.
MS. KAWASS: You remember. And there was a court reporter there. She took down everything you said. You knew what your obligation was, which was to tell the truth, the whole truth, and nothing but the truth, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And that was actually two -- almost three years ago. It was three years ago.
LUIS RIVERA: Three years ago.
MS. KAWASS: Okay. Now, on that date, you remember that you said, "I found out about it on half the way up."
Remember that?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. Now, on September 30th of 2016, you told the detectives that you found out about the murder on the departure date, but you got more details on the drive up.
Do you remember telling them that?
LUIS RIVERA: I don't remember.
MS. KAWASS: All right. Then on 10/4, the recorded statement, you said you found out before you even left Miami and even before Garcia rented the car, correct?
LUIS RIVERA: I don't remember that.
MS. KAWASS: You don't remember saying that on the recorded statement?
LUIS RIVERA: I don't remember.
MS. KAWASS: Okay. So we'll take that up a little later.
Now, on January 31st, you then go back and say that you find out about the drive -- about the murder on the drive up, you were by Orlando. Do you remember that?
LUIS RIVERA: I don't, I don't remember.
MS. KAWASS: Okay. So you don't remember what you said in the depositions?
LUIS RIVERA: No, it's been five years ago. I can't remember all the dates.
MS. KAWASS: well, let's talk about the deposition that you gave a few months ago with me in March of 2019.
LUIS RIVERA: Let's go.
MS. KAWASS: You said you found out the murder halfway up on the drive.
LUIS RIVERA: Yeah, I remember telling you that.
MS. KAWASS: Now, Sigfredo Garcia told you on several occasions, on your different statements, that Wendi Adelson was the person financing this murder-for-hire thing; is that true?
LUIS RIVERA: Repeat the question again, please.
MS. KAWASS: That Sigfredo Garcia told you that wendi Adelson was the person financing this murder.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. On -- but on 9/30 when you were talking to the detectives, you referred to her as the woman with two kids that wanted her ex-husband killed. Remember you told them that?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Then on 10/4 you said Sigfredo told you -- Sigfredo Garcia told you that he got the money from the lady, and he never said her name. That's what you said on 10/4, right?
LUIS RIVERA: I don't remember.
MS. KAWASS: You don't remember.
Then on 11/29, that's the first -- that's when you say that Garcia told you that the money came from wendi.
LUIS RIVERA: Yeah.
MS. KAWASS: Then on January 31st you said Sigfredo said again that wendi was going to pay. Remember that?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: But then in March of 2019, you told us, "The dentist's sister wants her kids back." That's what you said?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All right. Now, on the drive up, you previously testified that Sigfredo was constantly on the phone with Katherine on the drive up.
LUIS RIVERA: He was on the phone from time to time with Katherine.
MS. KAWASS: So your words back then were "constantly on the phone." So it's your testimony today -- because this is important -- is that he was sometimes on the phone with her?
LUIS RIVERA: He was on the phone. He was on the phone.
MS. KAWASS: A lot?
LUIS RIVERA: Yeah.
MS. KAWASS: Okay. That would be reflected on his phone records, right?
LUIS RIVERA: Should be.
MS. KAWASS: It should be. Okay.
LUIS RIVERA: Not if he got a throw-away phone.
MS. KAWASS: Did he have a throw-away phone?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: But he only had one phone, right?
LUIS RIVERA: That one phone was a throw-away phone.
MS. KAWASS: Just the throw-away phone.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: what was the other phone that he had that was connected to his -- the actual line that he had? Describe it for me.
LUIS RIVERA: we had two phones. I had two phones. He got two phones.
MS. KAWASS: what phone did you have?
LUIS RIVERA: I got two phones.
MS. KAWASS: I know you had two phones, but one was an iPhone, right?
LUIS RIVERA: Both of them was iPhone.
MS. KAWASS: Oh, okay.
So do you remember what type of phone he had? I know you said there was a throw-away.
LUIS RIVERA: A flip phone.
MS. KAWASS: A flip phone?
LUIS RIVERA: Yeah.
MS. KAWASS: But you clearly remember that on the trip the phone that he had --
LUIS RIVERA: was a flip phone.
MS. KAWASS: -- was a flip phone. That's not the burner phone.
LUIS RIVERA: That is the burner phone.
MS. KAWASS: That is the burner phone?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: The one that's not connected to the line that everybody knows.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. Now, on every single statement that you've ever made except for the ones where you don't remember and that you denied everything, up until yesterday you have consistently said that Garcia drove the entire drive up on the first trip.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: It's only until they showed you the traffic ticket that you got, that you changed and said, "Oh, wait, I may have driven on the first trip.”
LUIS RIVERA: I drove over half. I didn't remember. It's been a long time, I really didn't remember. But, yeah, I did drove over half. we had stopped. He was like, "Man, I'm tired, take the other half." And I took it all the way up.
MS. KAWASS: Okay. But if I go through each one of those statements it will say that you said Garcia drove the entire way up?
LUIS RIVERA: It -- it could say that I said it. I didn't remember --
MS. KAWASS: Okay. But --
LUIS RIVERA: -- until I got the ticket.
MS. KAWASS: Until you got the ticket.
LUIS RIVERA: Yeah.
MS. KAWASS: Okay. Now, your lawyer didn't go over that with you, the ticket?
LUIS RIVERA: Yeah.
MS. KAWASS: He did go over it with you?
LUIS RIVERA: He told me.
MS. KAWASS: Okay.
LUIS RIVERA: But I thought I got the ticket on the Prius.
MS. KAWASS: But it says what car you have on the ticket.
LUIS RIVERA: I know, but I was confused.
MS. KAWASS: Now, one thing that may have affected your ability to remember things is -- let's talk about how much drugs you were using on the trip. Okay?
Now, you testified that you were -- I mean, I don't know how much 15 grams are, but that sounds to me like it's a lot of cocaine. Is it a lot?
LUIS RIVERA: Not really.
MS. KAWASS: It's not a lot? Okay.
How much would that street value be?
LUIS RIVERA: It's half an ounce.
MS. KAWASS: Half an ounce. Okay, that I can better visualize how much that is. Okay.
Now, it wasn't just cocaine, though. I know yesterday you said you weren't smoking weed, but that's not true, is it?
LUIS RIVERA: No, I didn't smoke weed. I was on probation, I couldn't smoke weed.
MS. KAWASS: Okay. Your testimony today is you did not smoke weed, right?
LUIS RIVERA: No, I didn't smoke no weed.
MS. KAWASS: Okay. You gave a statement, a recorded statement to the detectives in this case on October 4th of 2016, correct? The detectives were there, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Your lawyer was there, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And, in fact, before they even put you on record they explained to you what the consequence was for lying, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: They explained to you that you would be facing a misdemeanor perjury charge is what they told you.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All right. Now, I'm referring Court and Counsel --
Because it's recorded, right? And you told the truth at that time?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. To Page 14 of the October statement starting at Line 12 and finishing at Line 16.
"And I said, ‘All right, let's ride.’ Got in the car, and he drove. I was on the passenger side. I was rolling a blunt, and we drove. I was drinking the whole night that way."
LUIS RIVERA: I don't think -- I don't think I smoked. I can't -- I can't remember, but I don't think I smoked, because I know I was on probation.
MS. KAWASS: But you were drinking and driving while you were on probation.
LUIS RIVERA: Yeah. You can drink. It don't come out of my pee test.
MS. KAWASS: Can you possess a firearm while you are on probation?
LUIS RIVERA: No, not at all. You can't do nothing when you're on probation.
MS. KAWASS: But you possessed a firearm, though.
LUIS RIVERA: Yeah.
MS. KAWASS: Okay. Now, Sigfredo Garcia was also drinking and doing drugs as well, too, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Now, you weren't taking any medication at that time?
LUIS RIVERA: No, ma'am.
MS. KAWASS: Okay. Now, the next thing I want to ask you -- and this is on the first trip -- is about the paper that you said Sigfredo Garcia pulled out. Okay?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Now, I think you said that it had a picture on it.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And that there was an address on it, is what you think it was.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. And no one asked you, but what -- what did the picture look like?
LUIS RIVERA: Excuse me?
MS. KAWASS: what did the picture look like?
LUIS RIVERA: A picture of him.
MS. KAWASS: I know. Describe it.
LUIS RIVERA: A regular -- a regular piece of paper --
MS. KAWASS: Okay.
LUIS RIVERA: -- with a picture of him and the address.
MS. KAWASS: It was in black-and-white or color?
LUIS RIVERA: Black-and-white. I think so.
MS. KAWASS: Now, you had no idea who Dan Markel was at that time.
LUIS RIVERA: At all, no.
MS. KAWASS: You didn't even know the name.
LUIS RIVERA: No, ma'am.
MS. KAWASS: Okay. Now, on September 30th of 2016, you told the detectives it was a color picture?
LUIS RIVERA: I tell them either black-and-white or color, I did not remember. I tell them just like that.
MS. KAWASS: Hold on because I need to write this down, because it's not recorded, that you told the detectives it was either a color pic --
LUIS RIVERA: Or a black-and-white.
MS. KAWASS: -- picture or a black-and-white, you didn't know; that's what you told them?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. Now, on October 4th, 2016, you said it was black-and-white, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All right. But in deposition with me you described it in detail that it was in color.
LUIS RIVERA: I couldn't remember that it was black-and-white, so you -- just throwing at me, so I told you it was black -- I told you it was in color.
MS. KAWASS: So you weren't truthful when you told me that?
LUIS RIVERA: Yeah, I was truthful, but I couldn't remember if it was black-and-white or in color, just like I told the detective and I told you.
MS. KAWASS: Just so that it's clear, because I'm not understanding right now, you answered my question.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And you said it was in color.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Remember, at the end of the deposition I asked if there's anything you needed to change?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: You also remember if -- I said if there's anything important that you need to change, you let me know?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. And you didn't do that.
LUIS RIVERA: I don't have --
MS. CAPPLEMAN: I did not catch the page and line for this.
MS. KAWASS: That would be in the -- what are we on? The color? oh, that would be on the March deposition at Page 87.
MS. CAPPLEMAN: Thank you.
MS. KAWASS: You're welcome.
MR. ZANGENEH: Eighty-seven?
MS. KAWASS: Eighty-seven. Just make sure, I don't want to be misleading anyone. And I want to make sure the record is -- is clear.
MS. CAPPLEMAN: Judge, I'm going to object, improper impeachment. I don't think this is inconsistent. I would ask that the answer be read in the record.
MS. KAWASS: Hold on.
JUDGE HANKINSON: Let's ask -- let's be verbatim. Read the question and the answer.
MS. KAWASS: Hold on, Your Honor, because I don't have it highlighted.
MS. CAPPLEMAN: Line 24 is what I'm looking at.
MS. KAWASS: Okay. Oh, okay. Yes, I'll read it. Thank you, Ms. Cappleman.
BY MS. KAWASS:
MS. KAWASS: So at the end of Page 87 and the beginning of Page 88:
"Was the picture in color or black-and-white?"
"Shit," sorry, "it's been a while."
That's in the transcript, Judge.
"Probably was in color. I think he had a white shirt on. I'm not too sure."
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. Now let's talk about -- I think we already talked about the cell phones.
You had two and he had one.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: This is on trip one, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. Now the next topic I want to talk about is the number of guns that you brought on the trip. Okay?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Now, we've already established that you're on probation in Miami-Dade at this time, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And even though you testified in court that you found out on the trip up, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: That's not true because you actually got the gun before you left; isn't that true?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. So before even leaving, you went and obtained the firearm that was used to kill Dan Markel?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And the reason you went and got another gun is because the gun that Sigfredo Garcia showed you, you said that wasn't good for a killing, correct?
LUIS RIVERA: I said it was a big-ass gun.
MS. KAWASS: And that it would blow someone's brains out, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: That's what you told him.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: So you then suggested, “Let me go find a better gun to kill someone else."
LUIS RIVERA: He told me to find a smaller one, and I went and got another one.
MS. KAWASS: Okay. So you go into the street, right? This is the day of the murder?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Oh, no, this is the day before you leave on the first trip. And you go to some kid in Overtown; is what you said?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. You don't know this person's name?
LUIS RIVERA: No, ma'am.
MS. KAWASS: we'll never be able to find them.
LUIS RIVERA: No, ma'am.
MS. KAWASS: But you bought a gun from him in cash.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. So way before you leave, you -- you know what you're going to Tallahassee to do.
LUIS RIVERA: To rob somebody. I was thinking we fixing to go rob somebody.
MS. KAWASS: So even still now your testimony is that you didn't know it was a murder until you went up?
LUIS RIVERA: Until I got in that car and we spoke about it going up there.
MS. KAWASS: But couldn't you only use one gun for a robbery? why you need two?
LUIS RIVERA: There's two people.
MS. KAWASS: So?
LUIS RIVERA: Me and him.
MS. KAWASS: If you're just -- if you're going to take someone's money, you just need to point one gun at them, right?
LUIS RIVERA: what happens if they pull on you?
MS. KAWASS: You have got your gun.
LUIS RIVERA: we took two guns, ma'am.
MS. KAWASS: Okay. You're the expert.
So, now, not only did you buy the gun before you left, you went and bought the bullets, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: But we'll talk about that when we get to the second trip.
So you come up to Tallahassee now, and you have been consistent that two guns on the first trip, everybody had two guns, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Now, the -- Mr. Zangeneh put up on the projector your phone records. You saw that, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: So you know that the prosecution and you know from the evidence that they have your phone records of you pinging up in Tallahassee.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Your lawyer went over that with you, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. And would you be surprised for me to tell you that you were only on the first trip in Tallahassee one night?
LUIS RIVERA: I can't remember that.
MS. KAWASS: Okay. But would the phone records be more accurate? Because you can't change the phone records, right?
LUIS RIVERA: I guess not. I don't know.
MS. KAWASS: Okay. So we can rely on the phone records as to how long you really stayed in Tallahassee.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. One thing we do know is that you did get a traffic ticket at around nine o'clock in the morning. Okay?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: So the map situation, right, so yesterday you testified that he didn't need a map?
LUIS RIVERA: Nobody never asked me for no map. He said electronic.
MS. KAWASS: Okay. So you know on 9/30 you told the detectives, "No need for a map at all. He drove straight to the hotel.”
LUIS RIVERA: No, I think I told them we stopped and got a map in the store.
MS. KAWASS: So another thing you told the detectives was that you stopped --
LUIS RIVERA: And got a map.
MS. KAWASS: -- and got a map. Okay. Okay.
Now, another thing that you testified to is Garcia scoping out Dan Markel's house.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. And you're sure that this happened on the first trip?
LUIS RIVERA: No, I'm not sure.
MS. KAWASS: Now you're not sure. Okay.
Now I want to ask you about something else that you -- you talked about -- well, I actually can't remember if you talked about.
was there an incident in Tallahassee where you pulled two guns on four people?
MS. CAPPLEMAN: Objection, relevance.
JUDGE HANKINSON: Overruled.
LUIS RIVERA: Yes, ma'am.
BY MS. KAWASS:
MS. KAWASS: Okay. Do you know if that was the first trip or the second trip?
LUIS RIVERA: First trip.
MS. KAWASS: First trip. Okay.
So let's talk about that. Garcia had left the hotel room, right?
JUDGE HANKINSON: I'1I1 sustain the objection at this point.
MS. KAWASS: Your Honor, may we go --
JUDGE HANKINSON: I sustained the objection.
MS. KAWASS: Can we go sidebar?
JUDGE HANKINSON: NO. Move on.
BY MS. KAWASS:
MS. KAWASS: You never mentioned that incident to the detectives in September, did you?
MS. CAPPLEMAN: Objection.
JUDGE HANKINSON: Sustained.
BY MS. KAWASS:
MS. KAWASS: Okay. So now let's talk about the second trip.
You knew from the first trip, because you testified on this on direct, that Dan Markel was a father, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: You knew he had two kids.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: So in the month span between the first trip and the second trip, you, yourself, had a baby, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And then when Sigfredo Garcia came to you to ask you to go back to Tallahassee to execute this father, you had no problem with it, did you?
LUIS RIVERA: That's my best friend. I took the ride with him.
MS. KAWASS: So you had no problem with it.
LUIS RIVERA: He say he trust me, so I took the ride with him.
MS. KAWASS: So you had no problem with it.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: You didn't call the police --
LUIS RIVERA: No.
MS. KAWASS: -- did you?
You didn't try to talk him down like you did with the car.
LUIS RIVERA: No, ma'am.
MS. KAWASS: And you probably could have, but you didn't.
LUIS RIVERA: No, ma'am.
MS. KAWASS: So now you're driving up to Tallahassee to kill this man that you don't know. And correct me if I'm wrong, in between that time, you never had any face-to-face meetings with Katherine.
LUIS RIVERA: No, ma'am.
MS. KAWASS: Never even spoke to her.
LUIS RIVERA: No.
MS. KAWASS: Okay. So before you leave on this trip, you go and rent the Prius.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: It's in your name.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: You drove.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: The gun used to kill Dan Markel, that was your gun, right?
LUIS RIVERA: That I bought in the corner, yes, ma'am.
MS. KAWASS: The one you bought.
LUIS RIVERA: Yeah, my gun.
MS. KAWASS: The one you bought the bullets for?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. The gun, the other gun, what did you call it? The long nose?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: That wasn't used.
LUIS RIVERA: No, ma'am.
MS. KAWASS: Okay. Now, let's talk about how many guns were taken on the second trip.
How many guns were on the second trip?
LUIS RIVERA: I think we took one.
MS. KAWASS: Okay. So your testimony is that you think you took one.
LUIS RIVERA: Yeah.
MS. KAWASS: Okay. Do you remember giving a deposition in this case on January 31st of 2018 with Mr. Zangeneh?
LUIS RIVERA: Yeah, I remember taking the deposition.
MS. KAWASS: Okay. And you swore to tell the truth, the whole truth, and nothing but the truth like you're doing today?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. Court and Counsel, Page 94, Lines 3 to 10.
"Garcia, he had the gun, the little small one, the black one."
"Not the long nose?”
"No, he busted -- "
"who had the long nose?"
"He did. He had both of them by his leg."
"He had both guns?"
"Yeah."
LUIS RIVERA: That was the first trip.
MS. KAWASS: would you like me to go back further and give you a little more context?
LUIS RIVERA: No, ma'am.
MS. KAWASS: Because this is when you were talking about the shooting of the hole in the bottom of the Prius.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: So it's the second trip.
MS. KAWASS: And, Your Honor, I can hear Ms. Cappleman saying things behind me. If we could ask her to just keep it down.
Okay, thank you.
BY MS. KAWASS:
MS. KAWASS: Okay. Now, on this second trip isn't it true that you brought with you masks and hoodies?
LUIS RIVERA: Yeah. I always kept that in my car regardless.
MS. KAWASS: Okay. But you brought them with you, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And this would be in an attempt to conceal your identity?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: But you never told the detectives about that on 9/30, right?
LUIS RIVERA: I don't remember.
MS. KAWASS: Okay. You didn't tell them about it in September.
LUIS RIVERA: I don't remember.
MS. KAWASS: Okay. we'll make it easy. The first time you ever talked about bringing hoods and masks and all of these things was January 31st, right?
LUIS RIVERA: I think I brought them, but I don't remember telling them nothing about no mask.
MS. KAWASS: So I can ask the detectives?
LUIS RIVERA: You can ask them.
MS. KAWASS: All right. Another thing that you testified to, now, how was Mr. Garcia's phone communication with Ms. Magbanua on the ride up? They talk a lot?
LUIS RIVERA: Yeah.
MS. KAWASS: How much?
LUIS RIVERA: I don't remember.
MS. KAWASS: Okay. And all of this will be reflected on his phone, or did he have a throw-away phone this time?
LUIS RIVERA: He had a throw-away phone.
MS. KAWASS: Okay. And how did you know it was Katherine Magbanua he was talking to?
LUIS RIVERA: That's the only person he talked to is her. He don't talk to nobody else.
MS. KAWASS: He doesn't talk to his girlfriend Shrimp?
LUIS RIVERA: Not on that phone.
MS. KAWASS: Doesn't talk to his mom?
LUIS RIVERA: No.
MS. KAWASS: Okay. So the only phone number in his phone records should be Katherine's, right?
LUIS RIVERA: I mean, on the throw-away phone, you ain't going to find -- I don't think you'll find some phone numbers.
MS. KAWASS: well, then, Katherine wouldn't be calling him on his regular phone if she knows about the throw-away, right?
LUIS RIVERA: She called him on the throw-away, yeah, the throw-away phone.
MS. KAWASS: So there should be no records of any calls with Katherine on his real phone.
LUIS RIVERA: I can't tell you that.
MS. KAWASS: what was Katherine Magbanua's phone number back then?
LUIS RIVERA: The last four, I can tell you, I think was 1316 or 16, 17, around there.
MS. KAWASS: Okay. Now, the first day on the second trip, okay, you say that you went and you scoped out the house, right?
LUIS RIVERA: The first trip?
MS. KAWASS: Second trip now. I'm done with the first trip. we'll just focus on the second trip. Okay?
SO now you've driven up to Tallahassee with Garcia; you guys are in the Prius. Okay?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And day one, you scope out Dan Markel's house.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. There was a couple of times where you actually see him going, and you follow him to the day care, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And you see him drop his kids off, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: But you don't abandon the plan.
LUIS RIVERA: No, ma'am.
MS. KAWASS: Now, the very next day, which would be the Thursday, the day before the murder, isn't it true that you say that you saw wendi Adelson walking on Trescott Drive?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: This is the street of Dan Markel's house.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: You remember that this took place before 12 p.m., correct?
LUIS RIVERA: Yeah.
MS. KAWASS: Okay. And what you saw was she was two houses down from Markel's house with the boys, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: You say that you guys come face-to-face with each other.
LUIS RIVERA: Face-to-face? I'm in a car, driving.
MS. KAWASS: Right. But that --
LUIS RIVERA: She was walking.
MS. KAWASS: She is walking. So are you --
LUIS RIVERA: I can -- I can see through my rearview mirror. I looked at her. I can see her through my rearview mirror looking at the car.
MS. KAWASS: Just so I can picture it in my mind, are you guys walking in the same direction, or is she walking toward you?
LUIS RIVERA: we are not walking. I'm in the car driving.
MS. KAWASS: I know. I apologize. So --
LUIS RIVERA: She is walking.
MS. KAWASS: -- you're driving. Are you driving towards her face-to-face?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay, that's what I was asking you.
And you testified today that she got on the phone as soon as you passed her.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And then she then walked up into Dan Markel's house.
LUIS RIVERA: Yes.
MS. KAWASS: That you remember her with the boys, walking up into Dan Markel's house.
LUIS RIVERA: She had -- I think she passed his house. I can't remember. I'm not going to say that, I can't remember.
MS. KAWASS: Okay. So you -- you know where I'm going with this. You know you didn't say that in any of your statements, right?
LUIS RIVERA: I don't remember.
MS. KAWASS: Okay. Do you remember that you say -- so at this point, you see this woman, and you -- you say you recognize that she's staring at you, so you bring it to Mr. Garcia's attention, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: what was his response?
LUIS RIVERA: That's that lady, that's the lady with the kids.
MS. KAWASS: Okay. So he didn't even say her name.
LUIS RIVERA: I don't remember. I don't remember.
MS. KAWASS: Okay. Do you know on -- do you remember giving the recorded statement on October 4th of 2016 with the detectives, the one that's online?
LUIS RIVERA: No.
MS. KAWASS: You don't remember doing that?
LUIS RIVERA: I remember the recording, but --
MS. KAWASS: Okay. You said that Sigfredo told you, "That's wendi," and that she came to make sure everything is all right.
LUIS RIVERA: I just told you, I don't remember.
MS. KAWASS: So you don't remember that either. Is that your testimony today?
LUIS RIVERA: The day of the -- when I had the -- with the detective, I remember telling him that. But right now I'm telling you I don't remember. You refreshing my memory, so --
MS. KAWASS: No, that's fine.
So when I told you that you said that, you remember that you told that to the police.
LUIS RIVERA: Yeah, now I do.
MS. KAWASS: Okay. And you told them it happened before 12.
LUIS RIVERA: Yeah.
MS. KAWASS: And that Sigfredo already knew it was wendi?
LUIS RIVERA: Yeah.
MS. KAWASS: All right. So let's talk about someone by the name of Mr. Nobles. who is that? Shoddrick Nobles. I think he was selling you guys some stuff while you were in Tallahassee.
LUIS RIVERA: Oh, yeah.
MS. KAWASS: Okay. Shoddrick Nobles, the guy who was selling you cocaine.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. And you guys got his phone number from the first trip, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And you happened to run into him again on the second trip, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: So whose phone had his phone number in it?
LUIS RIVERA: He put the number in my phone, but he tried to call it from his phone. He wouldn't answer, so he called it from my phone.
MS. KAWASS: Okay. So any calls from your phone to Nobles is Garcia making it on your phone?
LUIS RIVERA: Yeah. You'll hear his voice if you got a recording.
MS. KAWASS: Okay. And since he was only using a throw-away phone, there should be no phone calls between your phone and Garcia's registered phone.
LUIS RIVERA: I never -- I never called Garcia from my phone.
MS. KAWASS: No, no, that wasn't my question.
My question was -- is, because you say he only had a throw-away, you two weren't communicating on -- I mean, you guys were always together. There would be no need for any --
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: -- phone calls.
LUIS RIVERA: No reason for no phone calls.
MS. KAWASS: No phone calls. Okay.
Now, do you remember in your -- hold on, let me see which page that is. In your statement that you gave to the police -- hold on. Now, you told us, okay, that you told this to the detective, "That's wendi."
Remember that?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And isn't it true that the detectives then showed you a picture of her? And you IDd her?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: That sounds familiar to you?
LUIS RIVERA: Yes, sir.
MS. KAWASS: Okay. So we should have a picture of wendi Markel with -- wendi Adelson with your signature on it?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. Now, the next day is the murder, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Now, before the murder did something unusual happen with the -- the car?
LUIS RIVERA: Before the murder?
MS. KAWASS: Before the murder.
LUIS RIVERA: Yeah. He shot a hole right through the car.
MS. KAWASS: who shot the hole through the car?
LUIS RIVERA: Garcia.
MS. KAWASS: Okay. what gun was he using?
LUIS RIVERA: The little one.
MS. KAWASS: The little one? The one that was used to kill Dan Markel?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: where was the long nose?
LUIS RIVERA: we didn't have no long nose.
MS. KAWASS: Okay.
LUIS RIVERA: I don't think we had one.
MS. KAWASS: Now, the shooting of -- of the car, the person who was there that can testify to that is Shoddrick Nobles, right?
LUIS RIVERA: He don't know nothing about it. We ain't never told him.
MS. KAWASS: But you -- he drove you to the AutoZone.
LUIS RIVERA: He drove Garcia to the AutoZone.
MS. KAWASS: Okay. To pick up parts to repair the car and come back, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And he saw you guys there.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. Is this someone from Tallahassee?
LUIS RIVERA: Yeah, I think he lives in Tallahassee.
MS. KAWASS: Now, let's also talk about this owl on Instagram. Okay? On September -- well, today -- in trial you testified that you had put an owl on Instagram.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And that Katie called Sigfredo, Katherine Magbanua called Sigfredo Garcia, who then told you, "Take the picture down."
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And you took the picture down?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. Now, you didn't mention this at all in your September 30th statement.
LUIS RIVERA: I don't remember.
MS. KAWASS: Okay. You mentioned it to the detectives in your recorded statement, which is the October 4th one, right?
LUIS RIVERA: I don't remember.
MS. KAWASS: You mentioned it -- you didn't mention it at all jin January, right?
LUIS RIVERA: I don't think so. Nobody never asked me, so I don't remember.
MS. KAWASS: But then you told us it was either Facebook or Instagram, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: But since October 4th of 2016, the detective knew that you had an Instagram account, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: You told him?
LUIS RIVERA: Yeah.
MS. KAWASS: Okay. They also knew you had a Facebook account?
LUIS RIVERA: I never put -- if somebody did a Facebook under my name, I never did it myself.
MS. KAWASS: what was your Instagram name?
LUIS RIVERA: My name.
MS. KAWASS: Huh?
LUIS RIVERA: My name.
MS. KAWASS: Ooh, Luis Rivera?
LUIS RIVERA: Yeah.
MS. KAWASS: You sure about that?
LUIS RIVERA: The would have been Tato, King Tato. King Tato.
MS. KAWASS: King Tato, okay.
Now, you testified earlier that Garcia asked you to commit the murder, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And he asked you this the day before the homicide.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All right. So let's talk about the day of the homicide.
You get up in the morning, and you know that you are going to go kill Dan Markel, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: No attempts made to stop anybody, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: You guys get in the car, you're driving, and you follow Dan Markel to the day care and watch him drop his kids off, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. You wait until he gets back in his car, and then he goes to the gym, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: You sit there and you wait for him to get out?
LUIS RIVERA: Yes.
MS. KAWASS: And then you go to his house, then you follow him to his house, right?
LUIS RIVERA: Yes.
MS. KAWASS: And your testimony is -- is that you pulled up behind him in the driveway, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All right. And that Sigfredo Garcia got out and shot him, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Isn't it true that you knew that Markel put his hand up to his face, Dan Markel?
LUIS RIVERA: Yeah.
MS. KAWASS: Okay. Now, Sigfredo Garcia was doing coke and alcohol all morning, right?
LUIS RIVERA: Yeah.
MS. KAWASS: And you were too?
LUIS RIVERA: I had woke up, took a shower, probably -- I don't think -- I don't remember that.
MS. KAWASS: You don't remember?
LUIS RIVERA: All morning? I don't remember that.
MS. KAWASS: Do you remember if you consumed anything that morning?
LUIS RIVERA: I don't, I don't remember.
MS. KAWASS: You don't remember. But you may not have because you needed to keep a clear head?
LUIS RIVERA: Probably.
MS. KAWASS: Okay. Now, a big thing that everyone is making -- or that you're making a big deal about, something you remember, is this first phone call after you guys murdered Dan Markel and leave Tallahassee, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: He just -- according to you, he just jumps in the car and you guys take off, right?
LUIS RIVERA: That's the truth.
MS. KAWASS: But isn't it true you told detectives that you drove slowly because you didn't want to bring any attention to yourselves?
LUIS RIVERA: Yes. He wanted me to drive fast. I'm like, "No."
MS. KAWASS: You were going to take it slow, right?
LUIS RIVERA: Yeah.
MS. KAWASS: And there's no phone calls until this first phone call that you say to Katie, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And this is all laid out in your discovery, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. And in the deposition you said that what Sigfredo said -- what you heard -- well, let me get this, because I need to understand this.
Did you hear Katherine Magbanua's voice, or did Garcia tell you that Katie said what she said?
LUIS RIVERA: I could hear her voice.
MS. KAWASS: You could hear her voice.
Isn't it true that in September when you were speaking to the detectives you first told them Garcia told you, but then you switched to, "I could hear Katie myself."
LUIS RIVERA: I don't remember that.
MS. KAWASS: I'll ask the detective.
Now, she wasn't on speaker, right?
LUIS RIVERA: No.
MS. KAWASS: Your testimony is on this flip phone that Garcia has up to his ear, that you can hear Katherine's voice, right?
LUIS RIVERA: I don't know if you'd call it -- I can't remember if it was a flip phone or my phone, but I can hear her.
MS. KAWASS: But you can hear her?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. Now, you already testified that you don't talk to her on the phone, right?
LUIS RIVERA: I don't.
MS. KAWASS: You're not friends with her.
LUIS RIVERA: I know her.
MS. KAWASS: You know her.
LUIS RIVERA: Yeah, I know her.
MS. KAWASS: But you guys don't talk on the phone every day.
LUIS RIVERA: well, I don't. I know he's going to call her.
MS. KAWASS: I understand. But I'm saying you don't know --
LUIS RIVERA: No, ma'am.
MS. KAWASS: You don't speak to her on the phone every day, right?
LUIS RIVERA: No, ma'am.
MS. KAWASS: She doesn't speak with an impediment, does she?
LUIS RIVERA: what does that mean?
MS. KAWASS: Did she speak with, like, any type of -- of stutter or anything that would make her voice stand out?
LUIS RIVERA: No.
MS. KAWASS: Does she speak with an accent?
LUIS RIVERA: Katie? No.
MS. KAWASS: Okay. Now, let's talk about the different things that you say that Sigfredo Garcia said. Okay? I'm going to go in order.
In September 30th, you said -- this is what you told the detective, "He said, ‘It's done.' And she said 'I know.'"
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: That was it. Okay.
Then on January 31st, in your deposition, you said that Sigfredo said, “The shit is done." Katie said, "I already know."
Then Sigfredo said, "Make sure the money is there." And then Katie said, "You're going to get your money.”
LUIS RIVERA: Yes, ma'am. She said the next day.
MS. KAWASS: Okay. So then you say in the deposition all the way in March, it changes again, right? Because now you say he says, "It's done. when do we get the money?"
"I asked, ‘who you are calling?’ He said, ‘You know I got to call my baby mama.'"
That's what you said in March.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: So it's fair to say that you don't remember exactly what was said on the phone, right?
LUIS RIVERA: I mean, it's worded different, but it's the same thing.
MS. KAWASS: No, but these are your words I'm talking about.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: You consistently changed what you heard.
LUIS RIVERA: No, I didn't change nothing.
MS. KAWASS: Okay. Now, yesterday -- well, let's talk a little bit about your status in federal custody. Okay?
So in 2015, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: You were in jail?
LUIS RIVERA: Yes.
MS. KAWASS: Talk to me about what do they do when you are in jail to your phone calls?
LUIS RIVERA: They tap all your phone calls.
MS. KAWASS: So all your phone calls are recorded, right?
LUIS RIVERA: To this day.
MS. KAWASS: To this day. And so the State can get them if they want to, right?
LUIS RIVERA: Yeah.
MS. KAWASS: They also have all of your e-mails, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Explain to the jury what CorrLinks is.
LUIS RIVERA: It's a -- you can text -- I mean, well, send e-mails out there to the world.
MS. KAWASS: Okay. So you can actually e-mail people from federal prison, right?
LUIS RIVERA: Yes.
MS. KAWASS: You can't do that in state?
LUIS RIVERA: NO.
MS. KAWASS: No. And --
LUIS RIVERA: I don't know with state, I never been to state, so I don't know nothing about state.
MS. KAWASS: You've never been to state?
LUIS RIVERA: Talking about the feds.
MS. KAWASS: Oh, okay. So the feds is where you got your knowledge, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: So, I mean, to be clear, while you're staying here in Tallahassee, you're in state custody, right?
LUIS RIVERA: Yeah.
MS. KAWASS: You don't get to e-mail, right?
LUIS RIVERA: I mean, you got tablets.
MS. KAWASS: Oh, they have that now?
LUIS RIVERA: Yeah, they have them here.
MS. KAWASS: Okay. But they didn't -- to your knowledge they didn't have that back in 2014, right?
LUIS RIVERA: No.
MS. KAWASS: Okay. And here, too, all of your phone calls are recorded.
LUIS RIVERA: Every day.
MS. KAWASS: Okay. And in the feds if someone comes to visit you, it's a full-on contact visit, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: So if a family member came to see you, you can actually sit there with them face-to-face and have a conversation, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: That's not recorded.
LUIS RIVERA: That is not recorded.
MS. KAWASS: All right. So now let's talk about when -- oh, all right.
Now, over the past couple of days you've testified that there were only two trips in this case, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Isn't it true there was a third one?
LUIS RIVERA: I can't remember.
MS. KAWASS: You can't remember. Okay.
Do you remember telling me in the deposition that there was a third trip that didn't involve you?
LUIS RIVERA: Oh, yeah, I remember telling you that, but it wasn't me.
MS. KAWASS: Okay, no, but you remember telling me that you knew --
LUIS RIVERA: I told you he probably came up here with somebody else.
MS. KAWASS: Okay.
LUIS RIVERA: That's what I told you.
MS. KAWASS: But you told us about that, right?
LUIS RIVERA: Yeah.
MS. KAWASS: Okay. And that I think your words were, He went up there with another King."
LUIS RIVERA: Yeah.
MS. KAWASS: But you never mentioned that in any one of your other statements, correct?
LUIS RIVERA: Nobody asked me but you.
MS. KAWASS: I asked you if there was a third trip, or you --
LUIS RIVERA: Yeah.
MS. KAWASS: -- offered that information to me?
LUIS RIVERA: No. You asked me if there was more than -- there was more trips.
MS. KAWASS: So I'm going to refer you back to the deposition, okay, that you took with us in Arizona. The State was there. You swore to tell the truth, the whole truth, and nothing but the truth. Let's go to Page 102. I have to just find the correct --
MR. DECOSTE: 103, at the bottom of 103.
MS. KAWASS: 103, okay, thank you.
BY MS. KAWASS:
MS. KAWASS: Okay, 103, Lines 20 to 25.
"This is the first trip in June," Question.
"The witness: The first trip in June, the second trip, and the third trip. Every time we went up there, we was always coked up and drinking."
You said that to us, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. So now let's talk about the day that you returned to Miami, which is the same day as the shooting, correct, because you guys just leave?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. And you come back to Miami. Now, you are living with Jessica Rodriguez at that time, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All right. She is the mother of Lulu, correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: She had just had the baby, right?
LUIS RIVERA: Yes.
MS. KAWASS: You weren't living Leona Diaz, were you?
LUIS RIVERA: No.
MS. KAWASS: Leona Diaz is the mother of one of your children, correct?
LUIS RIVERA: Three of my children.
MS. KAWASS: Three of your children. Okay.
And she is the address that is the Normandy Drive address, correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. The one that's on your driver's license.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. Now, you come back to Miami, right? And you -- Garcia dropped you off.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And kept the Prius with him.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. That night you guys all go out and drink.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: After you killed Dan Markel.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: The next morning your testimony is that you went to the barbershop.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: This barbershop is called the King Barbershop, right?
LUIS RIVERA: Reyes (phonetic) Reyes -- something -- Reyes King. I don't know.
MS. KAWASS: It's right by Biscayne Boulevard, correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: On 135th Street?
LUIS RIVERA: 139th.
MS. KAWASS: 139th, that's where the -- the --
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: -- it is, right? It's not on Miami Beach?
LUIS RIVERA: No, ma'am.
MS. KAWASS: Okay. Annie (phonetic) lives on Miami Beach.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All right. Now your testimony is you were at the barbershop --
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: -- when you get a phone call.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All right. It's Jessica calling you?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: "Hey, babe, Katie and Tuto are here," that's what she tells you, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. Now, on 10/4 you say that this is a conversation that you had with Jessica. "Tuto has got the bag." You say, "Don't touch the bag. I'll be there right now." Right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. So Jessica is there with Katherine Magbanua and sigfredo Garcia in the house by herself with the package --
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: -- right? Okay.
Now, your testimony was -- is that Katherine Magbanua called you looking for Tuto, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Can we rely in your phone records for accuracy?
LUIS RIVERA: Yeah, I don't see why not.
MS. KAWASS: Your phone records would be more accurate than your memory, right?
LUIS RIVERA: Yes.
MS. KAWASS: So the phone records should show Katherine calling you, right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Not you calling Katherine.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. Now, where were you when you say Katherine called you?
LUIS RIVERA: In the barbershop.
MS. KAWASS: who called --
LUIS RIVERA: No, no, I was at my house. I was leaving my house.
MS. KAWASS: So you were at home, but --
LUIS RIVERA: Yeah, I was at my house.
MS. KAWASS: which home?
LUIS RIVERA: Jessica.
MS. KAWASS: Jessica's home when Katie called you, right? when Katherine Magbanua called you.
And in January of 2018 you testified that she said, "I got that money for you.”
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. That Katherine called you and said that to you.
LUIS RIVERA: Yeah. She said, "who's going to come get the money?"
MS. KAWASS: So that's different from what you said in January. So what is it that she said on the phone?
LUIS RIVERA: "who's going to come get the money?"
MS. CAPPLEMAN: Page and line, please.
MS. KAWASS: Page 105 on January 31st of 2018. And the line number would be --
MR. ZANGENEH: what page is it?
MS. KAWASS: 105, Line 16 to 18.
BY MS. KAWASS:
MS. KAWASS: "So Katie called you?"
"Yeah. She was like, ‘Man, I got that, I got that money. I got that money for you.'"
That's what you said then?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Now, your testimony was you called King Anthony to go find Tuto?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And Tuto is Sigfredo Garcia?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Did you try to find him?
LUIS RIVERA: No.
MS. KAWASS: You didn't call him?
LUIS RIVERA: I knew where he was at.
MS. KAWASS: where was he?
LUIS RIVERA: Shrimp's house.
MS. KAWASS: Okay. And I don't know if I asked you this. where is Shrimp's house again?
LUIS RIVERA: Miami Beach.
MS. KAWASS: Miami Beach, okay.
How far is Miami Beach from Biscayne?
LUIS RIVERA: Like ten minutes.
MS. KAWASS: Ten minutes? How far is it from Jessica's house all the way to Normandy?
LUIS RIVERA: Ten minutes. It's only one bridge.
MS. KAWASS: There's one bridge, okay. So your testimony today is that takes ten minutes.
LUIS RIVERA: Takes like ten, 15 minutes at the most, that's it.
MS. KAWASS: Okay. How much time does it --
JUDGE HANKINSON: Are you at a good stopping point, Ms. Kawass? The jury is probably about worn out.
MS. KAWASS: Your Honor, we can take a break now.
JUDGE HANKINSON: I didn't mean to interrupt.
MS. KAWASS: No, no, it's totally fine because I -- there's still a little bit more. It's not a little, so I've got -- we can take the break now.
JUDGE HANKINSON: Leave your notes where you are. Have a lunch break. See you at one o'clock. All right?
(Jury exits the courtroom.)
JUDGE HANKINSON: Let's stay in session.
Everybody be seated. Ms. Kawass, you wanted to be heard on the incident with four other guys and why you think that's relevant.
MS. KAWASS: Because, Your Honor, on three separate occasions he did not mention that at all to the detective, so it's coming in for impeachment purposes; that he -- essentially, in January of 2018 was the first time he had ever mentioned that four potential witnesses had come into his hotel room and that he held them up at gunpoint and that he failed to tell this to the detectives.
It goes to his bias and motive to lie because this would be another crime that he committed that he didn't tell the State about and that they're kind of just ignoring.
So I think it's completely relevant not only for impeachment purposes, Judge, because he failed to mention this to anybody until the January statement that he gave.
JUDGE HANKINSON: Ms. Cappleman?
MS. CAPPLEMAN: Judge, my position would be that this is irrelevant, prior bad act evidence. You can't impeach something that's not material to the case.
The fact that he was never asked, never volunteered this information cannot be impeached by the absence of the statement.
MS. KAWASS: And, Your Honor, it's an impeachment by omission. And I do believe that this would qualify as a material fact that he failed --
JUDGE HANKINSON: How is it material?
MS. KAWASS: The fact that Mr. Garcia couldn't remember or didn't think it was important to tell the detectives or anybody else that he had four individuals come into his room who would have been potential witnesses to what was going on, and that he pulled a firearm on all of them and told them to strip.
JUDGE HANKINSON: I find this --
MS. KAWASS: And actually --
JUDGE HANKINSON: I'm sorry. were you done?
MS. KAWASS: Oh, I'm sorry, Judge.
JUDGE HANKINSON: No. Are you done?
MS. KAWASS: And the other thing, too, is his testimony said, which I think would be a little bit relevant as well, that he claims that he recognized one of these individuals because they had a rival tattoo on them, and that's why he was so concerned because it was a rival gang, and which is why he pulled the guns out on them.
JUDGE HANKINSON: Okay. Were you wanting to be heard on that issue, Mr. Zangeneh?
MR. ZANGENEH: Yes, Judge, briefly.
I believe it's material. In addition to the arguments that Ms. Kawass has made and the fact that they are now in addition to the one witness that has been listed by the government, Shoddrick Nobles, that there's three other potential witnesses that can confirm, or at least that we could have inquired or done any due diligence on with regards to whether or not my client was with Mr. Rivera on the June trip, which is obviously what we're disputing.
JUDGE HANKINSON: All right. I'm going to sustain the State's objection. I find it's not relevant. To the extent there is impeachment about it, it's a collateral issue, so it's not subject to impeach.
You wanted to be heard further on why the sale of cocaine by Mr. Garcia is relevant?
MS. KAWASS: To my defense, Your Honor?
JUDGE HANKINSON: Right.
MS. KAWASS: Yes. Because, essentially, the State's theory is that all of this cash that Ms. Magbanua was receiving must have come from her participation in this conspiracy.
The fact that Mr. Garcia was receiving cash for his drug selling activities goes to our theory of defense that he was potentially giving her cash that he got from that, and that's where he would have gotten the cash, because he wasn't working, in order to supply child support for his children.
JUDGE HANKINSON: Do you want to be heard on that, Mr. Zangeneh?
MR. ZANGENEH: One second, Your Honor. No position.
JUDGE HANKINSON: I thought it was your objection that I sustained. So are you now withdrawing that objection?
MR. ZANGENEH: No, Judge. I'm -- I'm reiterating my previous objection, so --
JUDGE HANKINSON: All right. But you are objecting?
MR. ZANGENEH: Correct.
JUDGE HANKINSON: Okay. Does the State have a position?
MS. CAPPLEMAN: Well, Judge, if this witness has knowledge of Mr. Garcia giving Ms. Magbanua cash, I think that could be relevant. I don't think where he got it from would necessarily be relevant. It's a prior bad act.
JUDGE HANKINSON: Further, Ms. Kawass?
MS. KAWASS: Oh, no, I'll rest on my previous arguments at sidebar, Judge.
JUDGE HANKINSON: I think the fact he's selling cocaine or not selling cocaine has very little probative value. The question wasn't whether he knew whether he had given her cash or not. If it's the sale of cocaine, it certainly is extremely prejudicial. So under 403 it has more -- certainly, the prejudice outweighs any probative value, so I reiterate my ruling.
MS. KAWASS: And, Your Honor, at this time I would -- I'm forced to make a motion now for severance and mistrial since the Court is not allowing me go to into this.
JUDGE HANKINSON: I deny that. Being a separate trial wouldn't make it any more relevant.
Anything else before we take a lunch break from either side?
MR. DECOSTE: we have a lot of refreshing to do.
JUDGE HANKINSON: what?
MS. KAWASS: Your Honor, the refreshing to do, could we potentially come back, like, break now, and we can do that like before?
JUDGE HANKINSON: we'll do it at the end of your final cross.
MS. KAWASS: Okay, perfect. And then we'll take a break there?
JUDGE HANKINSON: Right.
MS. KAWASS: Thank you, Judge.
JUDGE HANKINSON: Anything else? All right, one o'clock.
(Lunch recess.)
PROCEEDING
JUDGE HANKINSON: You have something, Ms. Cappleman?
MS. CAPPLEMAN: Yes, Your Honor, if I may ask for a clarification regarding your ruling in reference to State's 175 and 179, the phone call authentication exhibits. would I be permitted to re-mark these as demonstratives and publish them as demonstrative exhibits?
JUDGE HANKINSON: And how would you use them?
MS. CAPPLEMAN: During the publication of the calls so that the jury -- have the witnesses say, I looked at all of these calls, and I have authenticated these highlighted voices. But as we go through each call, I'm thinking of how I'm going to be able to convey that testimony to the jurors, that, you know, on Call 0 --
JUDGE HANKINSON: well, I'm going to allow you to have the witness indicate: This is a call that was identified by one of these two witnesses as these persons. I1'11 ponder on whether it needs to be showed as a demonstrative aid at that point in time.
MS. CAPPLEMAN: Okay. That's helpful. Thank you, Your Honor.
JUDGE HANKINSON: Let's have the jury in, please.
(Jury enters the courtroom.)
MR. ZANGENEH: JI hope everybody had a nice lunch. It still appears to be summer outside. TI don't know. Eventually, I guess we will get some fall.
You may proceed, Ms. Kawass.
MS. KAWASS: Thank you, Your Honor.
Whereupon, LUIS RIVERA was recalled as a witness, having been previously duly sworn, was examined and testified as follows: CONTINUED CROSS EXAMINATION BY MS. KAWASS:
MS. KAWASS: All right. Mr. Rivera, do you remember where we left off?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All right. That was when we're now talking about the day after you murdered Dan Markel, the money transfer.
LUIS RIVERA: Excuse me? Repeat that question again?
MS. KAWASS: we're talking about the day after --
JUDGE HANKINSON: She will ask you a question. Let's get to a question please, Ms. Kawass.
MS. KAWASS: Question, okay.
BY MS. KAWASS:
MS. KAWASS: Now, your testimony on cross-examination earlier this afternoon was that you never pulled the money out at the -- your apartment in front of Jessica. You did it in the car; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. And you remember giving us a deposition in March of 2019; correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: You swore to tell the truth, the whole truth, and nothing but the truth; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And you would agree with me that -- wait, hold on, all right -- that you -- that you provided testimony at that time; correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All right. So, I'm referring Court and counsel to -- hold on, Your Honor. It's going to be the March 22nd depo. I just have where I -- my notes. Hold on one second. I apologize, Judge. I have so many papers up here.
There it is. Okay, got it. Okay. On Page 106. Hold on one second, Your Honor. TI apologize.
MR. DECOSTE: 106, January 2018.
MS. KAWASS: I picked the wrong deposition. I -- wrong deposition, Your Honor. So, the two thousand and -- the January deposition on Page 106. Ah, there we go. Thank you, Mr. Decoste.
Starting at line -- okay. So, I'm starting at Line 8 to 14.
BY MS. KAWASS:
MS. KAWASS: "I got a pack right here for you. Come get it. I said, Don't touch it. I'm on my way. I left the barber shop, went over there. I grabbed it. I opened it up. I looked at it and put everything in my pocket, and told Tuto to get in the car and let's get out of here.”
Right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. So you actually pulled it out in front -- when you were inside of your apartment?
LUIS RIVERA: Not in front of Jessica.
MS. KAWASS: Not in front of Jessica.
LUIS RIVERA: Going out of the door toward the car.
MS. KAWASS: But Jessica will be able to tell us that; right?
LUIS RIVERA: Yeah.
MS. KAWASS: Okay. Now, you are positive that when you get there to the house, the people that are there are Katherine Magbanua; correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Sigfredo Garcia; correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And Jessica Rodriguez?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And you described the package as a brown paper bag; correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And kind of like a -- it's like the ones, I guess, that you get at Publix, that kind of brown paper bag?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. So, Jessica handled this bag; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. She should be able to describe it just like you did?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All right. Now, you testified that Jessica did not know what was in this bag; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All right. And that at one point, she called you and said, I got a bag here. It looks like a brick.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: what -- do you know what she meant when she said "a brick"?
LUIS RIVERA: No, it just felt like a brick. It can be a brick.
MS. KAWASS: Okay. Now, when you pulled up, was Katie inside of the house, or was she out of the house?
LUIS RIVERA: I don't remember.
MS. KAWASS: You do not remember?
LUIS RIVERA: Nope.
MS. KAWASS: Okay. But you do remember answering that question in deposition; right?
LUIS RIVERA: Yeah.
MS. KAWASS: So, we will get back to that.
Now, what car was Katherine driving at the time?
LUIS RIVERA: A white SUV.
MS. KAWASS: A -- you remember that, a white Suv?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. And the car was parked where when you drove up?
LUIS RIVERA: In the back of your house.
MS. KAWASS: In the back of your house.
Was it in a parking spot?
LUIS RIVERA: Like an alley.
MS. KAWASS: Okay. And this was -- because you are on the second floor of an apartment complex; correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All right. Now, the other thing that you previously testified to is that inside of this brown paper bag, whatever was in there was wrapped up in a clear plastic bag; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All right. And isn't it true that when you walked in, Katie said, what's up, Tato, and then went into the room with Jessica?
LUIS RIVERA: Yeah.
MS. KAWASS: That's what happened; right?
LUIS RIVERA: Yeah, she went to go see my baby.
MS. KAWASS: All right. So, then she is now -- you are now alone with Garcia?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Isn't it true that Katie said nothing else in your presence?
LUIS RIVERA: I left.
MS. KAWASS: Okay. So, you can't testify to any statements about Katie saying she even knew what was in that bag; right?
LUIS RIVERA: She ain't never said nothing.
MS. KAWASS: She never said nothing except, what's up, Tato?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. Now, you testified that when you finally did open the bag, that inside was money stacks?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All right. And each one was -- was it all hundreds?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All hundreds.
And you had mentioned that they were stapled; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: You remember that you specifically told that to the detectives on October the 4th; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: On the recorded statement that was released to the media?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. Now, on cross-examination and direct -- I actually can't remember what you said.
Did you say that you counted the money or you didn't count the money?
LUIS RIVERA: Nah, I never counted the money. I trusted --
MS. KAWASS: You've never count -- is that your testimony today, that you never counted the money?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. You remember telling the detectives, on September 30th of 2016, that you did, in fact, count the money?
LUIS RIVERA: No, I don't remember that.
MS. KAWASS: You don't remember that. All right.
Now, you are -- you get all of this money on this day.
How much is it? Like, $35,000 in cash?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All right. So, you didn't put any of that money in the bank, though; right?
LUIS RIVERA: No, ma'am.
MS. KAWASS: why not?
LUIS RIVERA: For what? It's too much money.
MS. KAWASS: It's too much money.
Is there any other reason why you wouldn't put money from a murder into the bank?
LUIS RIVERA: I never put money to the bank, only from my job.
MS. KAWASS: Okay. But isn't it true you didn't put it in there because you didn't want the police to find out about it?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: That's true; right?
LUIS RIVERA: I'm not going to put $35,000 in a bank.
MS. KAWASS: Right. It leaves a trace.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: So there is no trace of the money you received from this in your bank account?
LUIS RIVERA: No, ma'am.
MS. KAWASS: And you have one?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Because Coastal Masonry direct deposits your pay into that account?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. Now, you stashed this money at a couple of places; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: where did you stash it?
LUIS RIVERA: At my sister's house.
MS. KAWASS: what's your sister's name?
LUIS RIVERA: Maria.
MS. KAWASS: Okay. So, you went to Maria Rivera's house, your sister --
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: -- the closest one that you are to?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And you gave her this money?
LUIS RIVERA: I didn't give her. TI put it in an envelope and --
MS. KAWASS: what kind of envelope?
LUIS RIVERA: -- sealed it. A vanilla envelope. A vanilla envelope, a yellow one.
MS. KAWASS: vanilla envelope?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: So white?
LUIS RIVERA: Yellow.
MS. KAWASS: Yellow. Like a letter-sized envelope or like a big-sized envelope?
LUIS RIVERA: A large envelope.
MS. KAWASS: Large envelope.
Okay. was it sealed?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Did you put a mark on it?
LUIS RIVERA: Nope.
MS. KAWASS: No mark on it. So you wouldn't be able to know if she --
LUIS RIVERA: She ain't going to touch it. She ain't going to ~=look at it.
MS. KAWASS: Okay. Your testimony today is that you remember that you did not put a mark on it; right?
LUIS RIVERA: I never put a mark on it.
MS. KAWASS: You did not put a mark on it. Okay.
LUIS RIVERA: CNods head.)
MS. KAWASS: Okay. I'm going to get back to that in one second just so we can keep moving.
All right. Now -- so you go over to Maria's house and you give her the money.
Did you tell her what's in there?
LUIS RIVERA: No.
MS. KAWASS: Because you don't want her to have any -- to be involved in this; right?
LUIS RIVERA: Of course.
MS. KAWASS: Because that's your family?
LUIS RIVERA: Yes.
MS. KAWASS: How long did you leave the money there?
LUIS RIVERA: Maybe a couple of days. Like, maybe two days.
MS. KAWASS: You kept any money at the house, your house with Jessica?
LUIS RIVERA: I kept money in my pocket.
MS. KAWASS: In your pocket?
LUIS RIVERA: Yeah.
MS. KAWASS: So, why wouldn't you leave anything at the house with Jessica?
LUIS RIVERA: She would steal it. She was one that would --
MS. KAWASS: Are you still together with Jessica now?
LUIS RIVERA: No. I'm in prison.
MS. KAWASS: You guys don't talk on the phone?
LUIS RIVERA: Once in a while.
MS. KAWASS: Okay. But you're -- I mean -- actually, we will get back to that in a second. Oh, here we go. All right.
So, talking again about the mark on it, on the envelope that you said that you did not put, Okay, I'm going to refer you to your deposition on March 22nd, Page 187, Lines 3 to 10.
No. I left -- did you -- oh, wait --
"No. I just -- I left it just how it was.
"You put it in there and you handed her the envelope. was it sealed, like sealed, sealed?
"Tt was sealed. She can't open it.
"without you knowing?
"without me knowing. She would have to ask me, Can I open this? I got the tape. So once you break the tape and you seal it, you've got to rip it off.
"So you would have known if she had gone in there?
"I would have known.”
LUIS RIVERA: Yeah, if she breaks it, but there was no mark. You said, A mark, like a marker or a pen. You ain't said nothing about no tape.
MS. KAWASS: Hold on. Okay. So, that's your testimony today.
"She could have just opened it and put it in the same type of envelope and you would have never known?
"No, because whatever I give you, I'm going to put a mark on it, on the envelope, to see if you touched it. So when I get it back, the mark is still there.
"And when you got it back, was the mark still there?”
LUIS RIVERA: whatever I give you --
MS. KAWASS: "Yes."
LUIS RIVERA: -- I'd put a mark to it, but I never put a mark.
MS. KAWASS: But you heard what I just testified to?
LUIS RIVERA: I heard you.
MS. KAWASS: Okay. So, that -- those were your words?
LUIS RIVERA: Yeah, but I never marked it.
MS. KAWASS: Okay. But your testimony today is you didn't mark it.
LUIS RIVERA: I didn't mark it.
MS. KAWASS: But you told us back then that you did?
LUIS RIVERA: I don't remember that. You're reading it right now, but I don't remember none of that. I never marked no --
MS. KAWASS: Okay. But we're going to make it clear for the jury that --
JUDGE HANKINSON: Let's not get into statements. Ask questions, Ms. Kawass.
BY MS. KAWASS:
MS. KAWASS: Okay. You do remember, though, in March, Mr. Decoste and myself sitting down and asking you questions; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: You have no -- and we explained to you what the court reporter does and puts everything down that I say; right?
LUIS RIVERA: Yeah, you did.
MS. KAWASS: Okay. Another thing I want to talk to you about, since your memory has seemed to lapse --
JUDGE HANKINSON: MS. Kawass, we don't need any statements, editorial comments.
The jury will disregard the attorney's comments. =BY MS. KAWASS:
MS. KAWASS: Before testifying today, how many times have you met with the state's attorney?
LUIS RIVERA: A few times.
MS. KAWASS: And I'm talking about within the past few weeks to prepare you for your testimony today.
How many times did you meet with them?
LUIS RIVERA: Ain't nobody really got to prepare me. I'm prepared. But I met them a few times.
MS. KAWASS: You are prepared for your testimony today?
LUIS RIVERA: I know nothing but the truth. Everything I say is the truth.
MS. KAWASS: Is it?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: So when you were sitting down with the State's Attorney -- because you testified yesterday that they were showing you some CDs; right?
LUIS RIVERA: Yesterday.
MS. KAWASS: You have testified on direct that they had shown you some CDs; right?
LUIS RIVERA: Yeah.
MS. KAWASS: with the car; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: So, they were showing you their evidence; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: But they didn't go over all of your recorded statements with you?
LUIS RIVERA: For what?
MS. KAWASS: Because you knew you were testifying today.
LUIS RIVERA: I'm going to remember half of this.
MS. KAWASS: You are going to remember, after my cross-examination, what happened?
LUIS RIVERA: I'm going to remember half of this stuff. Not everything.
MS. KAWASS: So, your memory is going to get better when I'm finished?
LUIS RIVERA: No. As you were reading some of the questions, I refreshed my memory.
Do you remember what you had on last week, Saturday? Do you remember? TI don't remember what I had on yesterday sometimes.
MS. KAWASS: Last week, Saturday, I was wearing --
JUDGE HANKINSON: MS. Kawass --
MS. KAWASS: Okay.
JUDGE HANKINSON: -- ask a question, please.
The jury will disregard the attorney's comment.
BY MS. KAWASS:
MS. KAWASS: But it is fair to say that you are the State's witness in this case; correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: You knew you were testifying about the events that took place over the past five years today; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Did you ask them to provide you with copies of your statements?
LUIS RIVERA: Did I ask them?
MS. KAWASS: Yes.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: You did? So, did they read you your statements, since you can't read?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: So, you read all of the statements that we have been referring to, but you still testified today that you don't remember giving those statements?
LUIS RIVERA: You just asked me about the statement, and I said, Yes.
MS. KAWASS: Okay. So, what are you now telling me you don't remember?
LUIS RIVERA: There's some things I don't remember. It happened five years ago.
MS. KAWASS: Okay. But my question to you is, the State provided you and read to you all of your statements; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: You just testified that when I asked you certain questions, it jogs your memory; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: So when they did that, it didn't jog your memory?
LUIS RIVERA: A little bit.
MS. KAWASS: A little bit?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. So, it's fair to say, then, that you would agree with me, your memory doesn't get better with time?
LUIS RIVERA: It don't.
MS. KAWASS: It gets worse?
LUIS RIVERA: It gets worse.
MS. KAWASS: So there's no way we are ever going to -- that you are going to remember better in the future; correct?
LUIS RIVERA: I sit down and think about this, I do. And I remember a few things, not everything.
MS. KAWASS: Okay. But you never reached out to myself or Mr. Decoste with any --
JUDGE HANKINSON: That's not appropriate. He doesn't have any obligation to do so. He has an attorney. He has an attorney that they communicate through. He doesn't have any obligation to talk to the attorneys for the other side.
You can proceed, Ms. Kawass.
BY MS. KAWASS:
MS. KAWASS: All right. So let's go back to it.
You gave Jessica money, didn't you?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: You bought Jessica a car; correct?
LUIS RIVERA: Yes, I did.
MS. KAWASS: And you gave her $2,000 in cash to pay her rent; right?
LUIS RIVERA: Yes, I did.
MS. KAWASS: So, she will be able to tell us that, that you gave her money?
LUIS RIVERA: Yes.
MS. KAWASS: All right. Now, you remember when Sigfredo Garcia and Katherine Magbanua got back together; right?
LUIS RIVERA: I don't remember when they got back together.
MS. KAWASS: Pacquiao fight sound familiar?
LUIS RIVERA: Yeah.
MS. KAWASS: Okay. Is that about right?
LUIS RIVERA: Yeah.
MS. KAWASS: Okay. When was the Pacquiao fight?
LUIS RIVERA: I don't remember that date.
MS. KAWASS: was it close to when you got arrested?
LUIS RIVERA: I don't remember.
MS. KAWASS: Okay. So, the Pacquiao -- does it sound like May 2015? That's when you were arrested by the feds; right?
LUIS RIVERA: Yeah.
MS. KAWASS: Okay. And is the Pacquiao fight close around that time?
LUIS RIVERA: Yeah.
MS. KAWASS: Okay. And that's when they got back together?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Now, you were arrested for the fed case in May of 2015, and eventually you were in the Coleman facility; correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Now, they have Tvs in the feds; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. So, you are able to see everything that comes on the news?
LUIS RIVERA: Uh-huh.
MS. KAWASS: And Sigfredo never came to visit you; right?
LUIS RIVERA: Nope.
MS. KAWASS: You did speak to him twice, though, while you were incarcerated; right?
LUIS RIVERA: Yes, I did.
MS. KAWASS: How did you speak to him?
LUIS RIVERA: Through my brother. It was on New Year's, I believe, I had called him.
MS. KAWASS: who is Lean Back?
LUIS RIVERA: Excuse me?
MS. KAWASS: who was Lean Back?
LUIS RIVERA: Lean Back?
MS. KAWASS: Uh-huh.
LUIS RIVERA: That's a king.
MS. KAWASS: That's a king. Okay.
was he using a specific email address while you were in Coleman in 2016 to communicate with you?
LUIS RIVERA: Yeah.
MS. KAWASS: And you would then send him messages to send out to people and text message them; correct?
LUIS RIVERA: I don't remember me sending him text messages like that, but -- I don't remember.
MS. KAWASS: But there was a situation -- you could get messages to people on the outside; right?
LUIS RIVERA: Yeah, through the computer, through their email.
MS. KAWASS: Through the email. And what does -- who is Ratatouille?
LUIS RIVERA: Ratatouille?
MS. KAWASS: Between you and Jessica, who is the nickname for Ratatouille?
LUIS RIVERA: Tuto.
MS. KAWASS: Tuto. Okay. As in Sigfredo Garcia?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: So you know we have all of the emails that you have from around the time of 2016; right?
LUIS RIVERA: Yes, ma'am. Everything in the feds get recorded.
MS. KAWASS: They record everything; right?
LUIS RIVERA: Everything.
MS. KAWASS: Do you remember -- around May 10th, 11th of 2016, Jessica needed some money; right?
LUIS RIVERA: I don't remember.
MS. KAWASS: And she -- and she asked you to send Ratatouille's phone number; correct?
MS. CAPPLEMAN: I'm going to object to hearsay and relevance.
JUDGE HANKINSON: I am giving you a little leeway. Let's bring it to some point pretty quickly. I will sustain the objection.
BY MS. KAWASS:
MS. KAWASS: Did you communicate with Sigfredo Garcia in May of 2016 through that medium that I spoke about?
LUIS RIVERA: Yeah.
MS. KAWASS: Asking him for money?
LUIS RIVERA: I think I did.
MS. KAWASS: Okay. Another thing, too, your -- how many brothers do you have?
LUIS RIVERA: I have got six.
MS. KAWASS: Six brothers? Okay. But you've known Sigfredo Garcia since you were five, six years old?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: He knows what all of your brothers look like?
LUIS RIVERA: Of course.
MS. KAWASS: He knows all of your brothers?
LUIS RIVERA: My whole family.
MS. KAWASS: He knows their phone numbers?
LUIS RIVERA: Yeah.
MS. KAWASS: Now, after the news broke on the media, Jessica came to see you; right?
LUIS RIVERA: Yeah. My mother, my sister, and Jessica, they all came to see me.
MS. KAWASS: And when they came to see you, they were able to sit down in the contact room with you; correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And have a conversation; right?
LUIS RIVERA: Of course.
MS. KAWASS: And Jessica at this point had already looked up everything? She knew what the case was against you?
LUIS RIVERA: She's smart, yeah.
MS. KAWASS: Okay. Now, when you get to Leon County, you said that your attorney was Chuck Collins; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Were you happy with Chuck Collins?
LUIS RIVERA: I was satisfied.
MS. KAWASS: Okay. Isn't it true that you felt that he was forcing you to take a plea?
LUIS RIVERA: Forced me to take a plea?
MS. CAPPLEMAN: Objection.
JUDGE HANKINSON: I will sustain the objection. =BY MS. KAWASS:
MS. KAWASS: Okay. So, let us talk about the deal that you got in this case. Okay. You were charged with first degree murder; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Just like Sigfredo Garcia and just like Katherine Magbanua?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. In exchange for the testimony that you gave today; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: They reduced it from first degree murder to second degree murder --
MS. CAPPLEMAN: Objection, asked and answered.
JUDGE HANKINSON: Overruled.
BY MS. KAWASS:
MS. KAWASS: -- to second degree murder; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. And then you received a 19-year sentence; correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Now, the jury may not understand this, but this is to run concurrent with your federal sentence; correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And you get to serve it in the federal facility, not the state facility?
LUIS RIVERA: I have got to do my feds time first.
MS. KAWASS: No. Your fed time first, but your fed time counts to your state time.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. It's not like you're doubling up; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And which facility is better, Leon County or the federals -- the federal detention center?
LUIS RIVERA: Of course.
MS. KAWASS: which one?
LUIS RIVERA: The feds.
MS. KAWASS: They got the better food?
LUIS RIVERA: I ain't worried about the food, but it's better.
MS. KAWASS: But it's just generally better; right?
LUIS RIVERA: It's better.
MS. KAWASS: what is a minimum mandatory?
LUIS RIVERA: A minimum mandatory?
MS. KAWASS: Uh-huh.
LUIS RIVERA: The minimum mandatory of what? Of the 19 years?
MS. KAWASS: well, you don't have a minimum mandatory on your 19 years; right?
LUIS RIVERA: No.
MS. KAWASS: If you were, for example, the shooter in this case and you received the 25-year minimum mandatory in the case, you would have to serve every single day of that 25 years; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: If there is no minimum mandatory, you get what we call gain time?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Time off for good behavior?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: There is no probation to follow this; right?
LUIS RIVERA: No, ma'am.
MS. KAWASS: Now, Ms. Cappleman brought up, in her direct examination, that you are facing -- well, she said 30, but it's really 15 years on your probation violation, correct --
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: -- out of Miami?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Let's explore that.
You were on probation when you got picked up for the federal case; correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And then you went to the feds, and they kind of forgot about your state case; right?
LUIS RIVERA: I guess.
MS. KAWASS: You guess.
Isn't it true that you only found out about that outstanding warrant for the probation violation when we told you in March?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Ms. Cappleman didn't even know about it?
LUIS RIVERA: No, ma'am.
MS. KAWASS: Neither did your lawyer?
LUIS RIVERA: Nope.
MS. KAWASS: And no one considered that. That wasn't even a consideration in your plea.
LUIS RIVERA: No, ma'am.
MS. KAWASS: It's your lawyer's mess up; right?
LUIS RIVERA: Probably, yep.
MS. KAWASS: Okay. So the deal you got from the State was just 19 years?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. You're a convicted felon; right?
LUIS RIVERA: Yeah.
MS. KAWASS: How many times?
LUIS RIVERA: I don't know.
MS. KAWASS: You don't know? would looking at your certified priors refresh your recollection?
LUIS RIVERA: I don't know how many -- I don't keep count with this.
MS. KAWASS: Okay. Do you want me to go through them with you?
JUDGE HANKINSON: We will do that as part of the rest of the refreshing his recollection.
MR. ZANGENEH: Your Honor, may I have a moment?
JUDGE HANKINSON: You may.
BY MS. KAWASS:
MS. KAWASS: And just to clarify, Mr. Rivera, because this is what Ms. Cappleman said, that you had an open cocaine case; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: You don't have an open cocaine case?
LUIS RIVERA: I don't even know. I don't think so.
MS. KAWASS: The only thing you have pending is the probation violation. You are on probation for selling cocaine?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: So you don't have two separate cases?
LUIS RIVERA: I don't think so.
MS. KAWASS: Okay. And at this time, Your Honor, I could take the break for the refreshing of the recollection.
JUDGE HANKINSON: Okay.
MS. KAWASS: Okay.
JUDGE HANKINSON: Let me explain to the jury, normally when an attorney has something they want to call “refresh recollection," we simply give the document to the witness, let them read over it, and see if that refreshes their memory or not. Obviously, we can't do that under these circumstances. So, we are going to take a break and let the attorney read to him things they think may refresh the -- refresh Mr. Rivera's memory. whether it does or not, we will bring you back and let you hear the answer to those questions.
So, we are going to -- long and short, we need to take a short break.
(Jury exits the courtroom.)
JUDGE HANKINSON: All right. Ms. Kawass.
MS. KAWASS: Can you hear me, Mr. Rivera? I just don't want to go too loud.
JUDGE HANKINSON: Keep your voice up.
MS. KAWASS: They won't hear me, right, Judge?
MS. KAWASS: Okay.
PROFFERED EXAMINATION
BY MS. KAWASS:
MS. KAWASS: So the first thing that you said that you didn't know, I'm going to refresh your recollection with your October 4th statement?
LUIS RIVERA: what year?
MS. KAWASS: 2016. The one that was recorded.
(Discussion held off the record between defense counsels.)
BY MS. KAWASS:
MS. KAWASS: So, Mr. Rivera, do you want me to read it to you or do you want me to play it for you?
LUIS RIVERA: It doesn't matter if you read it or play it. How ~ever you feel comfortable.
MS. CAPPLEMAN: Page and line, please?
MS. KAWASS: Okay. Here we go.
Here we go. For counsel to follow along in the --
JUDGE HANKINSON: Come on, let's --
MS. KAWASS: On 10/4, and this would be on Page 12.
JUDGE HANKINSON: All right. Just read the reference.
MS. KAWASS: Okay.
BY MS. KAWASS:
MS. KAWASS: So, on Page 12 you had said in response to questioning:
"Okay. So he was talking in terms of a job in Tallahassee. So I'm thinking we are fixing to boom, but then like, Man, it's not that. I'm fixing to go kill somebody. we're going to go get hired."
"And this was before you rented the car?”
And he said, "Before we rented the car."
Okay. Do you remember that?
LUIS RIVERA: Yeah.
MS. KAWASS: Okay. The next thing -- where is the other chart?
JUDGE HANKINSON: Somebody has done something that's caused the humming. Let's turn off whatever it is that's caused that.
Go ahead, Ms. Kawass.
MS. KAWASS: Okay. Thank you, Judge.
JUDGE HANKINSON: Come on, Ms. Kawass.
MS. KAWASS: Okay. I'm sorry, Judge.
BY MS. KAWASS:
MS. KAWASS: Okay. And then on January 31st in the deposition, on the same topic you testified, Page, Line -- Page 58, Line 4, this was your testimony. You testified that you found out jt was a murder on the drive up. Do you remember that now?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. Next, we are going to discuss the -- who was -- when you found out who was financing the murder. Okay. And on 10/4 you had previously stated you don't remember; right? Do you remember giving a statement in that case?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And it was recorded. And on it you said, Sigfredo Garcia told you he got the money from the lady, but he never --
JUDGE HANKINSON: Whatever is causing the feedback, fix that, please.
Go ahead, Ms. Kawass.
MS. KAWASS: Oh, I'm sorry, Judge. I'm just to repeat what I just said. You --
MS. CAPPLEMAN: Page and line, please?
MS. KAWASS: This is Page 19 on 10/4.
BY MS. KAWASS:
MS. KAWASS: Okay. And that would be in response -- Lines 12 to 21. Let's back up a little more, a little bit further. You said -- you said:
"He gave him $5,000."
"Tell us about that. what did he say? where did he get the money from?"
"He said he got the money from the lady. He still hadn't told me her name yet. He said, I got the money from the lady.”
Okay. Do you remember telling that to the detectives; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. Then we're going to talk about the picture of Dan Markel, okay, the one that Mr. Garcia showed you. You testified today that you said it was in black and white. All right.
So, now I'm going to refer you to -- well, actually, no. We can skip that, because the other people didn't ask you about it. Okay.
All right. Number of guns on the second trip, is the next topic. All right? So, this is only as to the second trip. You testified you did not remember how many guns were on the second trip, or, you don't remember what you said. On 9/30 you told the detectives that you only took one gun on the second trip.
JUDGE HANKINSON: Are you reading from --
MS. KAWASS: Well, Your Honor, it is going to be -- I have to ask him if he remembers. If he says -- it's Detective Isom's report, so -- because they didn't record it, so nothing --
JUDGE HANKINSON: Okay. Well, read whatever you are refreshing his recollection with. The idea is you read to him what was previously said or written. It could be anything, truthfully, but --
MS. KAWASS: No problem.
JUDGE HANKINSON: -- I don't -- it's not just for you to just paraphrase things.
MS. KAWASS: Understood.
BY MS. KAWASS:
MS. KAWASS: Okay. On Page 4 of 6 of Detective Isom's statement, his notes from your interview on 9/30 of 2016, he wrote: On this second trip they only brought one handgun.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. Then, on 10/4, you again stated -- you again stated on Page 67 and 70, you only brought one gun on the second trip; is that correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. Now, on January 31st of 2018, Page 94, which is the deposition you stated -- oh, and I think we discussed that already. we had discussed that you had said that you had both of them; right? Do you want me to read it to you again?
LUIS RIVERA: On the second trip.
MS. KAWASS: On the second trip in your deposition on January 31st, you said:
"Garcia had the gun, the little small one.”
"Not the long-nosed gun," question?
"who had the long-nosed one?"
"He did. He had both of them by his leg.”
LUIS RIVERA: I don't remember that.
MS. KAWASS: You don't -- even after I have read this to you --
JUDGE HANKINSON: And you've read that in front of the jury already --
MS. KAWASS: Yes. I think, yeah.
JUDGE HANKINSON: -- for impeachment. So that's not what -- we're not here to try to repeat impeachment that you've done.
MS. KAWASS: Understood.
BY MS. KAWASS:
MS. KAWASS: And then the last one we discussed was your deposition with us in March. On Page 165 you then said, it was one gun on the trip. Do you remember that?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. Now, as to the masks and the hoodie, okay, you did not -- and I have in front of me Detective Isom's report from 9/30, okay, and I have gone through the whole thing. There's no mention that you said anything about bringing a mask and a hoodie; is that correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. Then, on October 4th of 2016, which is the recorded statement, in that whole two hours there is nothing about a mask or a hoodie; right?
LUIS RIVERA: Right.
MS. KAWASS: Okay. The first time you mentioned it is -- do you remember on January 31st of 2018, you told Mr. Garcia that you got -- I mean, I'm sorry, Mr. Garcia's attorneys, that you brought with you masks and hoodies?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: That's correct. Okay.
LUIS RIVERA: CNods head.)
MS. KAWASS: And then on March 22nd you also said again that you brought masks and hoodies?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. Now, as to the owl on Instagram, on September 30th I have in front of me Detective Isom's report, okay, of his notes of the conversation he had with you. And it's only five, six pages, there is no mention of an owl in this report at all; right?
LUIS RIVERA: I guess.
MS. KAWASS: You did mention it, though, on that recorded statement, the one on October 4th, when you're sitting down with the detectives; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. There was no mention of it at the grand jury testimony?
LUIS RIVERA: I don't remember.
MS. KAWASS: Okay. I have a copy of your grand jury testimony.
LUIS RIVERA: That's fine.
MS. KAWASS: Okay.
JUDGE HANKINSON: That's not refreshing recollection to tell somebody it's not mentioned, Ms. Kawass.
MS. KAWASS: Okay. Well, we can put, doesn't remember. Okay.
BY MS. KAWASS:
MS. KAWASS: And then on --
MS. KAWASS: Hold on, Your Honor.
BY MS. KAWASS:
MS. KAWASS: And then in your deposition on March -- on January 31st, 2013, with Mr. Zangeneh you didn't mention anything about an owl?
LUIS RIVERA: In 2013?
MS. KAWASS: That's 2018.
LUIS RIVERA: Oh. Repeat that question again, please?
MS. KAWASS: The deposition that you took here in Leon County with Mr. Zangeneh, you didn't mention anything about the owl on Instagram?
LUIS RIVERA: No, I don't remember.
MS. KAWASS: Don't remember.
MS. KAWASS: Now, the -- Your Honor, may I approach -- or, I could read it to him? I'm sorry.
BY MS. KAWASS:
MS. KAWASS: Your prior convictions, you said you need to refresh your recollection.
LUIS RIVERA: Read them.
MS. KAWASS: Now, you remember being convicted of aggravated assault on a law enforcement officer; possession of cocaine with intent to sell; possession of cannabis with intent to sell; possession of cocaine with intent to sell --
JUDGE HANKINSON: Slow down just a little, Ms. Kawass. Linda is trying to get this down. You are going a mile a minute. I'm sorry.
Start -- so aggravated assault, cocaine possession. what was it?
BY MS. KAWASS:
MS. KAWASS: Cannabis sale; another count of possession of cocaine with intent to sell; and another count of possession of cannabis with intent to sell. Does that sound familiar?
LUIS RIVERA: Yes.
MS. KAWASS: Okay. So we are going to count that as one conviction. I know it's multiple counts, but for purposes of this, it's one case. Okay.
Then, you also were convicted of possession of cocaine with intent with to sell in 2013; correct?
LUIS RIVERA: Yes.
MS. KAWASS: Two. And, then, you were also convicted of possession of a firearm by a convicted felon; right?
LUIS RIVERA: It wasn't a firearm, but, yes. It was a knife. They put firearm.
MS. KAWASS: Wait, wait. Hold on. You corrected me, that's correct, a possession of a weapon. It says, weapon, ammunition, but that's what it was. It was a knife?
LUIS RIVERA: A knife, yes, ma'am.
MS. KAWASS: Okay. But you were convicted of that?
LUIS RIVERA: Yes.
MS. KAWASS: That's three.
LUIS RIVERA: Yeah.
MS. KAWASS: Okay. And then in counting, you're currently charged with -- you have the conviction for the fed case; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And you have the conviction now for the homicide case?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. So, is your memory sufficiently refreshed as to how many convictions you have?
LUIS RIVERA: Yeah.
MS. KAWASS: How many?
LUIS RIVERA: It sounds like five or six.
MS. KAWASS: Okay, five.
JUDGE HANKINSON: what's that?
MS. KAWASS: I think his memory has been refreshed that he has five convictions currently.
JUDGE HANKINSON: All right.
BY MS. KAWASS:
MS. KAWASS: Okay. Oh, the next thing that I wanted to talk to you about, do you remember if you told -- you said you didn't remember if you told the detectives that you counted the money; correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. So -- right.
So, on September 30th when you had that meeting with the detectives, Isom and Sanford, where they took down the notes -- the report I have been showing you; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. It's -- there's no mention in here of you saying that you counted money; right? Oh, wait, no. You actually said in this that you counted the money. Do you want me to read it to you?
LUIS RIVERA: Yeah, read it.
MS. KAWASS: Okay. Then, he left the apartment, taking Garcia with him, when he counted the money, expecting the 35,000. It actually totaled 37,000.
LUIS RIVERA: They gave me an extra two grands (sic)?
MS. KAWASS: Right. But you remembered telling them that you counted the money and that's how you came to that number?
LUIS RIVERA: Yeah.
MS. KAWASS: Okay. But your testimony today was you didn't count it?
LUIS RIVERA: That's what I said today, yes.
MS. KAWASS: Okay. Okay. And the last thing would be I am going to read to you what I was provided for in discovery by the state attorney's office. Okay?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: which is --
MS. KAWASS: I'm going to mark it so that we can properly reference it.
JUDGE HANKINSON: While she's doing that, if the State wants to refresh his recollection with anything, I want to get that done now, too.
MS. CAPPLEMAN: Yes, Your Honor.
(Discussion held off the record between defense counsels.)
JUDGE HANKINSON: we are not playing any videos now. Are you through, Ms. Kawass?
MS. KAWASS: I was just going to refresh him with these three things.
JUDGE HANKINSON: You can have a seat, Mr. Decoste.
(Discussion held off the record.)
BY MS. KAWASS:
MS. KAWASS: Okay. I'm going to reference some emails from your CorrLinks account. I'm going to lay the proper foundation first. Okay. So when it says from -- hold on, let's see here. And I'm referencing -- okay.
So, do you remember what your email address was back then?
LUIS RIVERA: No.
MS. KAWASS: But it would say when it says from: 07850104, Rivera, Luis.
LUIS RIVERA: My prison number.
MS. KAWASS: That's your prison number. So that identifies the messages that are coming from you; correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. Now, I have on this date an email from you, tell me if you remember this: To Bentleysa4980@gmail.com.
That's Lean Back; right?
LUIS RIVERA: Yeah.
MS. KAWASS: Okay. And you basically sent out all of these messages to Lean Back; correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And then Lean Back would then send it to people on the outside; correct?
LUIS RIVERA: Yes.
MS. KAWASS: At that time -- oh, so referencing email -- okay. And Jessica Rodriguez's email at the time was Siannanegron1020@gmai 1. com?
LUIS RIVERA: Still is.
MS. KAWASS: Still is to this day; right?
And the email referenced -- I mean, on May 10th of 2016, you provided -- she provides you with the number of Lean ~=Back as (954)237-9348; correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And then she provides you the name -- the phone number for Ratatouille; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: That was (786) 357-3966?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And whose text -- whose -- who you said was Ratatouille was Tuto?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: who is Sigfredo Garcia; correct?
LUIS RIVERA: Yes.
MS. KAWASS: And the message that you sent out to May 11th -- it's like a blast. I'm only going to reference the one --
LUIS RIVERA: what year? ‘16?
MS. KAWASS: 2016. May 11th of 2016.
"what's up? It's me, Tato. You forgot about me? I ain't dead. I'm still alive. I need some money, bro.”
Sound about right?
LUIS RIVERA: Yes.
MS. KAWASS: Okay. You remember sending that to him from prison?
LUIS RIVERA: Yes.
MS. KAWASS: And then he responds on May 12th:
"what's up, my dog, my brother? I'm starting --
And I'm referencing Defense Exhibit No. 4.
"I'm starting to go to school. Holding my head up. You know me. Keep your head up and stay in touch with me.”
Oh, wait, I'm sorry. I apologize, Your Honor.
From Mr. Garcia, he responds to you:
"Maintaining. It's been a minute.”
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Right? And then you respond back to him:
"what's up, my dog, my brother? I'm starting to go to school. Holding my head up. You know me. Keep your head up and stay in touch with me. Tell the family I said, what's up, N-word. Miss you all. Much love.”
That's your words; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. But you remember saying those things?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: All right. That's all.
JUDGE HANKINSON: State?
MS. CAPPLEMAN: I don't have any items to refresh the witness.
JUDGE HANKINSON: All right. Let's take a quick five minutes and we will start back with the jury.
(Break taken.)
JUDGE HANKINSON: Let's have the jury, please.
(jury enters the courtroom.)
JUDGE HANKINSON: You may proceed, Ms. Kawass.
MS. KAWASS: Thank you, Your Honor.
CONTINUED CROSS EXAMINATION
BY MS. KAWASS:
MS. KAWASS: During the break, we went over some materials. And has your memory been refresh, Mr. Rivera?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. How many -- you're a convicted felon; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: How many times?
LUIS RIVERA: Five times.
MS. KAWASS: we also went over some emails that you sent in May of 2016. Okay. Do you remember those?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: I -- we had basically -- you remembered that Jessica Rodriguez's email was Sianna Negron, S-I-A-N-N-A-N-E-G-R-O-N, 1020@gmai 1?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: We established that these are, in fact, your emails that we referenced; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And that on May 10th, that Jessica sent you a number, which was (786)357-3966, which was Ratatouille, who you had previously testified to was Sigfredo Garcia?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And that you reached out to him asking him on May llth: "what's up? It's me, Tato (sic). You forgot about me. I ain't dead. I'm still alive. I need some money.”
And that he responded the next day: "It's been a minute."
And then on May 12th, you said:
"what's up, my dog, my brother? I'm starting to go to school. Holding my head up. You know me. Keep your head up and stay in touch with me. Tell the family I said, ‘what's up. N word, miss you all, much love.”
Those are your words; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And then the last few things that we filled in outside the presence of the jury, you now remember these things; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: The things that we testified and you were able to refresh your recollection is that on -- when you learned about the murder in October, you said you learned about it before driving up to Tallahassee; correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: The same day that you bought the gun?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And that you also, on January 31st of 2018, you testified under oath that you learned about it when halfway up to Tallahassee?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. The next thing we discussed was the pavement. I was able to refresh your recollection that on October 4th of 2016, you said that the lady was responsible for the payment and that you couldn't remember her name.
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Actually it wasn't that. That he never said the name?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Then we talked about the picture of Markel that was shown to you by Mr. Garcia. You never -- we established that you never mentioned, in November or January, that -- anything about the color, if it was black or white or color, because no one asked you; right?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: But that in March of 2019, in your deposition, you said that it was a color photograph, not black and white?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Then we discussed the number of guns. I was able to refresh your recollection that on January 31st of 2016 -- ‘18, you testified under oath that on the second trip, you had two guns?
LUIS RIVERA: One gun.
MS. KAWASS: No. No. I refreshed your recollection. You are now -- you did testify today that you had one; right?
LUIS RIVERA: Yeah.
MS. KAWASS: And then, remember, I asked you about what you said in January about that; right?
LUIS RIVERA: Yes.
MS. KAWASS: And then I read you the testimony; right?
LUIS RIVERA: Yes.
MS. KAWASS: And back then, you said you had two guns on the second trip?
LUIS RIVERA: Yes.
MS. KAWASS: Okay. Then we discussed the masks and the hoodies; right?
LUIS RIVERA: Yes.
MS. KAWASS: And we established that you've never mentioned -- you never mentioned anything about bringing a mask and a hoodie on both September 30th, 2016, and October 4th, 2016; correct?
LUIS RIVERA: Yes.
MS. KAWASS: And that -- and then the last thing we discussed was the owl on Instagram?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And that you never mentioned that to the detectives on September 30th; correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: You mentioned it in October, a few days later, October 4th; correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: And then you -- the next time you mentioned it, it was on March 22nd, 2019, when you said you didn't know if it was Instagram or Facebook; correct?
LUIS RIVERA: Yes, ma'am.
MS. KAWASS: Okay. Your Honor, I think those were all of the questions that we are able to discuss that you refreshed your recollection.
JUDGE HANKINSON: Redirect?
MS. CAPPLEMAN: May we approach, Your Honor?
(A Bench Conference was held as follows:)
MS. CAPPLEMAN: Judge, before I proceed with redirect, I would like to get a ruling on a couple of matters that I think the door may have been opened to.
I want to ask about whether all of the inquiry regarding Mr. Rivera's involvement in organized crime and gang activity, and the suggestion that he would have been the leader and the organizer of this murder because of his gang status, opens the door to the fact that Mr. Garcia is also a member of an organized crime gang known as the Latin Syndicate. I guess that's the first thing.
MR. ZANGENEH: Yeah, I'll respond to that, Judge.
Mr. -- the testimony that Mr. Garcia has given -- I'm sorry, Mr. Rivera has given is that when he was a teenager, he was temporarily involved in -- or had mild associations as a Latin Syndicate; that he did not have any gang affiliation at the time of the recruitment; that he was not a Latin King nor a Latin Syndicate or had no other kind of gang affiliation other than when he was a teenager, which was 15 or 20 years ago.
It's extremely stale. It has nothing to do with this. It's, in essence, bringing up bad character evidence. It has no relevant -- relevation (sic) or distinction between now. Mr. Rivera has been consistently a Latin King since he was a teenager --
JUDGE HANKINSON: I will sustain the objection.
what else?
MS. CAPPLEMAN: That's not my understanding of what the testimony would be.
But the second thing is that the defense of Mr. Garcia has suggested that Mr. Rivera only does crimes with Latin Kings. Hence, it couldn't have been his client who came to Tallahassee to do this crime with Mr. Rivera. And I think that opens the door, especially since they've elicited Mr. Rivera has done other crimes such as robberies, to the fact that Mr. Rivera has done other robberies with Mr. Garcia.
MR. ZANGENEH: I'm -- I'm sorry. So, what she is saying is that because he has admitted to other robberies, which then has somehow opened the door to me exposing Mr. Garcia to uncharged crimes?
JUDGE HANKINSON: well, I think her argument is that you've implied now -- you have certainly done more than implied through the expert, which is still out there to decide on, but that your theory is that he doesn't do -- under the code of silence, he doesn't do crimes with anyone other than Latin Kings.
Are you going to pursue that argument?
MR. ZANGENEH: You mean with Dr. De La Cruz?
JUDGE HANKINSON: Well, with anyone.
MR. ZANGENEH: With any additional witnesses, Your Honor?
JUDGE HANKINSON: Or argument.
MR. ZANGENEH: No. With regards to my argument saying that Mr. Rivera most likely committed this crime with other Latin Kings?
JUDGE HANKINSON: well, I think that the -- what Dr. De La Cruz said and you said was a big part of your case, was that Latin Kings only do crimes with other Latin Kings, was essentially -- and I'm narrowing it down a lot, but that's essentially what he said.
MR. ZANGENEH: Well, his testimony was going to be -- and as the Court indicated, it came from unreliable, undocumented sources, that he wasn't able to speak with anyone within the organization down here.
If I can have a minute to consult with Mr. Padilla?
(Pause. )
MR. ZANGENEH: At this point, Your Honor, I will not make any reference in my closing or through any additional witnesses that would bring concern to Ms. Cappleman's position.
JUDGE HANKINSON: All right. Tell me what you think he said so far that puts that in play.
MS. CAPPLEMAN: In opening statement, he indicated that Latin Kings only do crimes with Latin Kings, and that it's much more likely, based on the evidence in this case, that Charlie Adelson is a savvy, educated guy who runs around with an underworld crowd would hire Rivera as the King and would only bring another King so that they could all observe the code of silence and basically never expect to get caught.
And then on -- of course, on cross of this witness, there was questioning about his gang status and the code of silence.
JUDGE HANKINSON: Well, I understand that, but what about it implies that they'd only use other Latin Kings?
MS. CAPPLEMAN: I mean, he didn't imply it. He said it.
JUDGE HANKINSON: well --
MS. CAPPLEMAN: So, I mean, I guess if they are abandoning it --
MR. ZANGENEH: If I may add, Your Honor? He did also testify that -- Ms. Rivera testified that my client went on a third trip without him, with somebody else.
JUDGE HANKINSON: I think I'm going to sustain the objection at this point in time. But I do agree with your theory, that if they are going to pursue that Latin Kings only do crimes with other Latin Kings, that he has opened the door to that. I don't -- I don't remember the opening being that clear-cut. I may -- I may ask for the court reporter for a transcript of that, because I just don't remember it that clearly. It didn't jump out at me.
But I agree with what you're saying, if that's the theory they're going to pursue. Obviously, it's relevant that -- if Rivera is going to say he and Garcia done other crimes together. But I'm not going to let you get into it at this point in time. He is still going to be here and available for recall, if we revisit that.
MR. ZANGENEH: Judge, just for clarification, I still will be able to make an argument that he conducted this crime with somebody else other than my client; correct?
JUDGE HANKINSON: Oh, yeah, you can certainly argue that. what my -- what the -- as I understand the State's argument, and I tend to agree, if your suggestion is that because Mr. Garcia's a Latin King, this defendant -- this witness would not have done crimes with him, then that puts directly as relevant, that he has done -- they've done other crimes before.
was that it?
MS. CAPPLEMAN: Yes, sir.
JUDGE HANKINSON: Okay.
(The Bench Conference was concluded.)
JUDGE HANKINSON: You may proceed.
REDIRECT EXAMINATION BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Mr. Rivera, there was questioning, I think, both -- well, I know during the cross-examination about your open -- anything else that's pending out there for you that you have yet to be sentenced on. And it's been thrown out there that you might be facing an additional up to 50 years or up to potentially 30 years. Do you know the answer to that question?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Okay. So, you know there's something open out there, but you don't exactly know what else you are facing?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: Okay. And I want to ask you a little bit about your status as a Latin King that was -- you had several questions about that.
Did this murder in any way relate to your status as a Latin King?
LUIS RIVERA: Not at all.
MS. CAPPLEMAN: You didn't come to Tallahassee on any kind of Latin King business or assignment?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: But your decision to cooperate, did that have consequences to your Latin King status?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And is that what you are talking about when you are talking about, you know, these threats on your life or to your safety?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: So, is it necessary to have these consequences within your gang to -- do you have to snitch on a Latin King person to have those ill effects, or does it happen if you become a snitch, period?
LUIS RIVERA: Period.
MS. CAPPLEMAN: So you are not allowed to testify and cooperate with the State, period?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And if you do, then things like attempts on your life are possible?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: we heard a couple of different things about exactly when you learned that this crime was going to be a murder. You were either on the road or right before you got on the road for that first trip. Do you know exactly when you heard it?
LUIS RIVERA: I can't remember, really.
MS. CAPPLEMAN: Okay. But it was definitely affiliated with that first trip; right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And when you went and got the gun, did you definitely not know yet that it was a murder, or did you maybe know?
LUIS RIVERA: I did not know yet.
MS. CAPPLEMAN: Okay. But you got the gun because you knew it was going to be a violent crime?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: There were questions about why the first trip failed. what I thought I heard you say is that the first trip was intended to result in the death of Dan Markel; is that right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay. And that you were actually going to be the shooter. At least it was discussed that you might be the shooter at some point?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And did that trip, that first trip, fail because you had argued against doing the murder, or did it fail because you-all basically couldn't find him or couldn't get it accomplished?
LUIS RIVERA: we failed. we couldn't find him.
MS. CAPPLEMAN: All right. So you did express to Mr. Garcia some type of hesitation about doing this crime; is that correct?
MS. KAWASS: Objection. Leading, Judge.
JUDGE HANKINSON: Sustained.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Did you express any type of hesitation about doing this crime?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And did that deter Mr. Garcia? Did you-all discuss maybe not it doing it or doing something else instead?
LUIS RIVERA: Not really. We ended up leaving.
MS. CAPPLEMAN: Not really what?
LUIS RIVERA: we ended up leaving.
MS. CAPPLEMAN: Okay. But was it ever -- I guess I'm trying to understand what effects your expression of, you know, Hey, maybe we shouldn't do this murder -- did that have any impact on the decision to do the crime? I mean, obviously not, because you all ultimately did it; right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay. Did you suggest some other resolution to the situation other than killing Mr. Markel?
MS. KAWASS: Objection. Outside the scope of cross.
JUDGE HANKINSON: Overruled.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Did you suggest, Hey, let's just do something else?
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: what was that?
LUIS RIVERA: Go rob the lady.
MS. CAPPLEMAN: And when you talk about "the lady," who is that?
LUIS RIVERA: wendi.
MS. CAPPLEMAN: wendi was your understanding of a person that had this money?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: So you were thinking maybe we can just go take the money from her and not do the killing?
MS. KAWASS: Objection. Leading.
JUDGE HANKINSON: Overruled.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Is that what you were suggesting?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay. And did Mr. Garcia -- was he receptive to that idea?
LUIS RIVERA: He said, No.
MS. CAPPLEMAN: why not?
LUIS RIVERA: we have got to go take care of Markel.
MS. CAPPLEMAN: Okay. So he didn't want to consider that other option?
LUIS RIVERA: Nope.
MS. CAPPLEMAN: And why is that? Did he tell you?
MR. ZANGENEH: Objection, Judge. Calls for speculation.
JUDGE HANKINSON: Overruled. The question "Did he tell you" would be.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Did Mr. Garcia tell you why it was you couldn't do the robbery instead of the killing?
LUIS RIVERA: No. I think -- no, not really.
MS. CAPPLEMAN: Okay. You were asked about whether Ms. Magbanua did work for the dentist, the dentist that she was dating.
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: what -- did you ever go to visit her or see her at the workplace?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Did you ever talk to her about her work?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Did you ever see her doing anything at home that was consistent with doing some work for him?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Do you know what it was that she did for him?
LUIS RIVERA: No.
MS. CAPPLEMAN: Did Sigfredo Garcia ever tell you that you were doing this murder for Charlie Adelson?
LUIS RIVERA: For Charlie Adelson? No?
MS. CAPPLEMAN: It was always for who?
LUIS RIVERA: For wendi.
MS. CAPPLEMAN: For wendi. And how did -- if you know, how did Mr. Garcia know that wendi was financing the hit?
MR. ZANGENEH: Objection, Judge. Calls for speculation.
JUDGE HANKINSON: Let's rephrase your question. I will sustain.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Did Mr. Garcia tell you who hired him to do this job?
LUIS RIVERA: No.
MS. CAPPLEMAN: But did he tell you that Katie hired him to do the job?
LUIS RIVERA: Yes, ma'am.
MR. ZANGENEH: Asked and answered.
MS. KAWASS: Objection, leading.
JUDGE HANKINSON: Overruled.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: Did Mr. Garcia tell you -- did you ever have any contact with wendi other than --
LUIS RIVERA: No.
MS. CAPPLEMAN: -- possibly seeing her on the side of the road?
LUIS RIVERA: Nope.
MS. CAPPLEMAN: Okay. Did Mr. Garcia ever tell you whether he personally had any contact with wendi?
LUIS RIVERA: No.
MS. CAPPLEMAN: No, he didn't tell you or, no, he didn't have the contact?
LUIS RIVERA: No, he ain't had no contact.
MS. CAPPLEMAN: who was the person who was responsible for having contact with whatever Adelson it was that was going to finance + #this deal?
LUIS RIVERA: Katie.
MR. ZANGENEH: Objection, Judge. Calls for speculation.
JUDGE HANKINSON: Overruled.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: what was your answer?
LUIS RIVERA: Katie.
MS. CAPPLEMAN: Katherine Magbanua?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: The amount of cocaine that you-all were doing and the drinking too, was that the kind of consumption of substances that was normal for you-all during this time, or was it something a lot more than what you would usually use?
LUIS RIVERA: Probably a lot more for me. But he been stressed out; so he would do a lot more coke than me.
MS. CAPPLEMAN: All right. Say that one more time a little slower.
LUIS RIVERA: A lot less for me because I don't do a lot of coke like that.
MS. CAPPLEMAN: It was a lot for you?
LUIS RIVERA: No, for him.
MS. CAPPLEMAN: Oh, it was a lot for him?
LUIS RIVERA: Because he been stressed out, going through a lot of problems with his wife.
MS. CAPPLEMAN: Okay. And was that something that was -- was Mr. Garcia doing more cocaine than usual something that was unique to these two trips to Tallahassee or just for this whole period of time?
JUDGE HANKINSON: Your questions are so complicated, Ms. Cappleman, we are not getting straight answers. If you would ask a simple question.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: The amount of cocaine that Mr. Garcia was using, you've indicated, was more --
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: -- than usual?
And what I want to know is, was it more than usual only on the trips to Tallahassee, or was it more than usual during the whole period of time that he was experiencing this breakup with Katherine Magbanua?
LUIS RIVERA: No, since the breakup.
MS. CAPPLEMAN: why did you end up not being the one that pulled the trigger in this case?
LUIS RIVERA: That man had kids, and I was not going to do it.
MS. CAPPLEMAN: You didn't want to do it?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: And was that it? was there an argument about it?
LUIS RIVERA: Not at all.
MS. CAPPLEMAN: So he was fine doing it?
LUIS RIVERA: Yes, ma'am.
MR. ZANGENEH: Objection, Judge.
JUDGE HANKINSON: Overruled. +BY MS. CAPPLEMAN:
MS. CAPPLEMAN: And was there any discussion of your money changing at all, regardless of whichever one of you ended up pulling the trigger?
LUIS RIVERA: Not at all.
MS. CAPPLEMAN: In the letters that you wrote that came into evidence -- that you wrote to me, why did you want -- why were you requesting to come out of confinement?
LUIS RIVERA: I was tired of being in there. I wanted to speak to my family to see what was going on. I was in the blind.
MS. CAPPLEMAN: So when you -- I'm sorry. I interrupted you. Go ~=ahead.
LUIS RIVERA: I said I was in the blind, and I was tired of being in the box.
MS. CAPPLEMAN: So it's uncomfortable, unpleasant? More unpleasant to be in confinement than to be in general population; is that true?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Is it more dangerous or the same to be in general population?
LUIS RIVERA: Population is more dangerous.
MS. CAPPLEMAN: Okay. So you were willing to take that risk?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Because you were desperate for some kind of contact with the outside world?
MR. ZANGENEH: Objection, Judge. She is leading.
JUDGE HANKINSON: Overruled.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: You've answered a lot of questions in reference to your role in this homicide. would you agree with that, Mr. Rivera?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: You've answered a lot of questions over the last two days?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: You've answered a lot of questions in the two proffers that you've given in this case?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: In the grand jury testimony that you gave?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: The two interviews that you gave?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: The two depositions that you gave?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: The two events where you were riding around trying to help law enforcement look for the guns in this case?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: That's nine times that you've been asked questions at least about this case. would you agree with that?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And you talked about the preparations that were made for your testimony, but you personally cannot sit down and read your prior statements. Is that your testimony?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay. And these proffers, interviews, depositions, et cetera, were over a five-year period; correct?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: You were asked about being on -- I think you were asked about smoking weed on one of the trips to Tallahassee, and you indicated, Oh, well, I couldn't smoke weed because I was on probation. was -- why -- why can you not smoke weed while you are on probation?
LUIS RIVERA: Because when you got to go piss, then it comes dirty.
MS. CAPPLEMAN: Okay. So, weed or marijuana stays in your system longer than cocaine?
LUIS RIVERA: Cocaine, yes, ma'‘am.
MS. CAPPLEMAN: So, it's not that you were being a good probationer. You were trying to game the system, basically, and not get caught?
LUIS RIVERA: Yes, ma'am.
MR. ZANGENEH: Judge, I'm going to object. That's improperly bolstering.
JUDGE HANKINSON: Overruled. +BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. You were asking about being fed information about this case. whether you reviewed the reports in this case or someone reviewed them with you and that caused you to be able to parrot whatever it was that the State wanted to hear.
was the owl -- you know, you talked about this photo of an owl. was that something that was in the reports of a discovery?
LUIS RIVERA: I don't remember.
MS. CAPPLEMAN: So, when you were being -- when you were discussing the facts of your case with your lawyers, you hadn't told anybody about the owl yet, had you?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: All right. what about -- do you remember during one of the ride arounds, I think the first ride around with law enforcement, showing them a park kind of behind mr. Markel's residence where you all stopped?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And was that park something that was in the original reports that you would have reviewed with your attorney?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: It was? But you hadn't told anybody about that park yet until you showed them where you'd stopped?
LUIS RIVERA: Yeah, you right. Yeah.
MS. CAPPLEMAN: what about the hole in the Prius? Had you told anybody about that until you came forward to cooperate in this case?
LUIS RIVERA: Yeah, until I came forward to cooperate.
MS. CAPPLEMAN: I know. But what I'm trying to establish is that -- was the fact that Mr. Garcia shot a hole in the Prius, that wasn't something that was known until you came forward with it?
LUIS RIVERA: I never told nobody.
MS. CAPPLEMAN: Okay. You were asked about some inconsistencies in your statements, and one of them had to do with Mrs. -- Ms. Adelson, Wendi Adelson.
And the defense asked you about: Oh, didn't you, in One statement, call her "Wendi," and in another, "the lady with the kids," and in another, "“wendi Adelson," and in another, "the dentist's sister?" This was the lady who, your understanding from Mr. Garcia, was going to be paying for this hit; correct?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And are all of those people, wendi, wendi Adelson, the lady with the kids, is that all the same person?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And that's the payment that was retrieved by Katherine Magbanua on July 19th, 2014?
MR. ZANGENEH: Objection. Facts not in evidence. Speculation.
LUIS RIVERA: Yes, ma'am.
JUDGE HANKINSON: Overruled.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: You were asked about the three trips and whether there were three trips in this case. How many trips did you take to Tallahassee?
LUIS RIVERA: Two.
MS. CAPPLEMAN: And were both of those trips with Sigfredo Garcia?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: were they with anybody else?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Had you ever been -- have you ever been to Tallahassee other than since your arrest before that?
LUIS RIVERA: No, ma'am, never.
MS. CAPPLEMAN: Okay. So two trips. why did you suggest that there could have been a third trip? Did you have some reason for that?
LUIS RIVERA: Only the reason -- I don't know who asked me, that they seen in the late. I said, That's not -- you never seen me. It's somebody else shorter, short like me. It was Anthony.
MS. CAPPLEMAN: Okay. And so some witness had seen somebody behind the Markel residence that might have fit your description; is that right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: But that was not you?
LUIS RIVERA: Not at all.
MS. CAPPLEMAN: All right. So, based on that, you concluded that possibly Mr. Garcia had come up here previously with some other --
LUIS RIVERA: Somebody else.
MS. CAPPLEMAN: -- short person that fit your description?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And did you also indicate that Mr. -- I know you talked about the map, and there were a lot of questions about stopping to look at the map. But did Mr. Garcia seem to know his way around Tallahassee pretty well?
LUIS RIVERA: Yes, ma'am. He's smart.
MS. CAPPLEMAN: Did you know -- I mean, had -- did you know that Mr. Garcia had ever been to Tallahassee before? Did he tell you he had been to Tallahassee before?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Okay. So you had no knowledge of him ever being here before the first trip that you came with him?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. But he seemed to know his way around?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. But he did not tell you that he had a trip before you came on the first trip?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Okay. I want to ask you a little bit about the exact words that were said by Katherine Magbanua the morning that you spoke to her about the money being there. Okay. And you were asked a few different questions about different statements that you gave.
On 10/4 of ‘16, Page 106, Line 2 through 10 --
MR. ZANGENEH: Ms. Cappleman, which day?
MS. CAPPLEMAN: 10/4 of ‘16. BY THE COURT:
MS. CAPPLEMAN: The question was: “But she just asked for him? She doesn't say nothing?
"Answer: Oh, yeah, yeah. No. She said, ‘who is going to come get the money?'
"Question: Come get the money?
"Answer: Yeah. She was, like, ‘where the fuck is Tuto?"
who is Tuto?
LUIS RIVERA: Garcia.
MS. CAPPLEMAN: "And I said, Man, I didn't want to slip; so I'm, like, let me -- I will find out.”
what did you mean, you "didn't want to slip"?
LUIS RIVERA: I didn't want to go get the money, so I needed somebody to go get Garcia.
MS. CAPPLEMAN: You wanted Garcia to get the money from Katherine Magbanua?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And you knew where to find him; right?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: That was at Shrimp's house?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Do you know where Shrimp's house is located?
LUIS RIVERA: Miami Beach.
MS. CAPPLEMAN: All right. And did you go get Garcia from Shrimp's house?
LUIS RIVERA: No, ma'am.
MS. CAPPLEMAN: Okay. who is Anthony Ortiz?
LUIS RIVERA: My friend.
MS. CAPPLEMAN: was Mr. Ortiz there that morning of the -- like, when you were at the barbershop and you had this conversation with Ms. Magbanua?
LUIS RIVERA: No.
MS. CAPPLEMAN: He was not present?
LUIS RIVERA: Uh-uh.
MS. CAPPLEMAN: was he somebody that you sent to get Mr. Rivera (sic)?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: I'm sorry. Mr. Garcia.
LUIS RIVERA: Yes.
MS. CAPPLEMAN: And you sent him to get Mr. Garcia from Shrimp's house?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Did -- am I saying the name right? Is it Mr. Ortiz?
LUIS RIVERA: Yes.
MS. CAPPLEMAN: Did Mr. Ortiz take your phone with him to go get --
LUIS RIVERA: Yeah.
MS. CAPPLEMAN: How -- why did that happen?
LUIS RIVERA: I had two phones. I think his phone was dead. Something was going wrong with his phone that day. I'm not sure if it was disconnected or it was dead.
MS. CAPPLEMAN: Okay. And is that something that you remembered when you initially gave a statement?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Okay. And then you were asked -- going back to the morning of the money drop and the exact words that Ms. Magbanua said, on November 29th, in grand jury, you were asked about that. Page 14 --
MS. KAWASS: Objection. Improper impeachment, Judge.
MS. CAPPLEMAN: -- Line 19 through 21.
MS. KAWASS: It's improper impeachment. It's her own witness she is about to impeach.
JUDGE HANKINSON: Overruled.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: And when you were asked, “How did you get the money?" you said, “Katie. The next morning I get the phone call from Katie. Hey -- she, like, Hey, where the -- pardon my language -- where the fuck is this nigger at?" Just like that. "I got the money. He need to come and get the money.”
That's was your quote for what you said Katie indicated on the cell phone?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: That she had the money and Garcia needed to come get it?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right. And then you were asked again on January 31st, 2018, Page 106, Line 20 through 22:
"Question: So Katie called your phone?
"Answer: Yeah. She was, like, ‘Man, I got that. I got that money. I got that money for you. I was, like, ‘Hold on. Let me find out where he is at. So I called one of my friends."
who was the friend?
LUIS RIVERA: Ortiz.
MS. CAPPLEMAN: And that's who you sent to go get Mr. Garcia?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And then you were asked again on March 22nd about the same conversation with Ms. Magbanua, Page 172. I'm on Line 8 through 10.
"Question: when she thinks he's at Shrimp's house” --
Or let me go -- back up a little bit more to Line 4.
"Answer: Sometimes she will call and ask for Tuto.
"Question: When she can't find him?
"Answer: Yeah, when she can't find him.
"Question: When she thinks” --
MS. KAWASS: Objection. Improper impeachment.
JUDGE HANKINSON: I beg your pardon?
MS. KAWASS: Improper impeachment. Improper refreshing of recollection and actually --
JUDGE HANKINSON: I will overrule the objection.
You are going to need to start over again, Ms. Cappleman, because she was talking when you were reading.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: All right. I'm going to start -- yes, sir -- from Line 2.
"was this unusual for Katie to call you, or does she --
"Answer: Sometimes she will call and ask for Tuto.
"Question: when she can't find him?
"Answer: Yeah, when she can't find him.
"Question: When she thinks he is at Shrimp's house?
"Answer: Yeah. But she called, ‘Hey, when you going to come get this money, man, because I can't find Tuto’?
"I said, ‘what? I know where he's at.'
"I just hung up. I called Anthony."
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: Same thing; right?
LUIS RIVERA: Same thing.
MS. CAPPLEMAN: Can you tell this jury -- I mean, you don't recall the exact words that were said, do you?
LUIS RIVERA: No, ma'am. It was worded different --
MS. CAPPLEMAN: Yeah, I mean --
LUIS RIVERA: -- but it's the same thing.
MS. CAPPLEMAN: Okay. But you can tell the jury that Katie, Katherine Magbanua called or you spoke to her, and she told you she had retrieved the money?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: And the money was payment for the murder?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: On cross, you were asked about -- I want to go to October 4th, Page 19. You were asked about getting the money from the lady. And who is the lady when you were referred to it --
MS. KAWASS: Objection. Asked and answered.
JUDGE HANKINSON: Overruled.
BY MS. CAPPLEMAN:
MS. CAPPLEMAN: "He said he got the money from the lady. He still haven't told me her name yet. He said, ‘I got the money from the lady.’ well, his wife gave him the money."
All right. So who is “the lady"?
LUIS RIVERA: Wendi.
MS. CAPPLEMAN: wendi is the lady.
And who is -- when you say, "He said, I got the money from the lady,” well, his wife gave him the money.”
So Katie gave him the money. So you are referring to Katherine Magbanua as Sigfredo's wife?
LUIS RIVERA: Yes, ma'am.
MS. CAPPLEMAN: All right.
"But he told me about the lady. He told me, ‘Yo, the lady got the money. She is going to pay us.'"
MS. CAPPLEMAN: One moment please, Your Honor.
JUDGE HANKINSON: You may.
MS. CAPPLEMAN: Nothing further.
JUDGE HANKINSON: All right. The jury have a question?
All right. write your question down. we will go sidebar.
(A Bench Conference was held as follows:)
JUDGE HANKINSON: The question is: Had he seen a photo of wendi Adelson before he saw her walking down the street with the two boys?
Either side object to that?
MS. CAPPLEMAN: No, sir.
MS. KAWASS: No.
MR. ZANGENEH: No, Judge.
JUDGE HANKINSON: All right. That's it.
(The Bench Conference was concluded.)
JUDGE HANKINSON: All right. There's one question from the jury, Mr. Rivera.
Had you seen a photograph of wendi Adelson before you saw the lady walking down the street that you described as walking with two boys here in Tallahassee?
LUIS RIVERA: Never, sir.
MR. ZANGENEH: I'm sorry, Judge. I couldn't hear what he said.
LUIS RIVERA: Never.
JUDGE HANKINSON: Any follow-up, Ms. Cappleman?
MS. CAPPLEMAN: No, sir.
JUDGE HANKINSON: Any follow-up, Garcia?
JUDGE HANKINSON: Any follow-up, Magbanua?
MS. KAWASS: No, Your Honor.
JUDGE HANKINSON: All right. You can step down.
Call your next witness.
MS. CAPPLEMAN: The State calls Detective Grossman.