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Garcia–MagbanuatranscripttranscriptWaldo Mesa Nunez — Direct/Cross - Day 4 - Garcia–MagbanuaRental records for a silver Nissan Altima and Hyundai Sonata linked to Sigfredo Garcia are authenticated by a Comfort Rent-a-Car representative, followed by cross-examination probing the Sonata's plate against a Highway Patrol citation bearing a different name.
Anna NorrisChristopher DeCosteTara KawassSaam ZangenehJames C. HankinsonWaldo Mesa NunezMs. NorrisJudge HankinsonWaldo Mesa NunezMr. ZangenehMs. KawassMr. DeCostedirectcross
Garcia–Magbanua/Day 4/October 2, 2019
8 pages·8 witnesses·4,059 lines
Rental records for a silver Nissan Altima and Hyundai Sonata linked to Sigfredo Garcia are authenticated by a Comfort Rent-a-Car representative, followed by cross-examination probing the Sonata's plate against a Highway Patrol citation bearing a different name.
Proceedings
DirectWaldo Mesa Nunez - DirectLine 1
CrossWaldo Mesa Nunez - CrossLine 135
13:17:11

MS. NORRIS: We call Waldo Nunez.

23:17:12

JUDGE HANKINSON: Have a seat, slide up the microphone, please.

33:17:20

MS. NORRIS: Good afternoon.

43:17:21

WALDO MESA NUNEZ: Good afternoon.

53:17:21

MS. NORRIS: Can you introduce yourself to the jurors and spell your first name and your last name?

63:17:25

WALDO MESA NUNEZ: Yes. First name is Waldo Mesa Nunez.

73:17:29

MS. NORRIS: Spell it.

83:17:29

WALDO MESA NUNEZ: Yes, sir. W-A-L-D-O, M-E-S-A, N-U-N-E-Z.

93:17:36

MS. NORRIS: And how are you currently employed?

103:17:39

WALDO MESA NUNEZ: I'm employed for Miami-Dade County.

113:17:42

MS. NORRIS: Did you previously work at Comfort Rent-a-Car?

123:17:44

WALDO MESA NUNEZ: Yes, ma'am, I did.

133:17:45

MS. NORRIS: What was your position there?

143:17:47

WALDO MESA NUNEZ: I was a sales representative.

153:17:49

MS. NORRIS: And is that located in Miami, Florida?

173:17:52

MS. NORRIS: How long did you work there?

183:17:54

WALDO MESA NUNEZ: I worked there from 2014 — since 2014 to 2017.

193:18:02

MS. NORRIS: Were you working there in June of 2014?

213:18:06

MS. NORRIS: And do you recall what shift you worked, like which hours you worked?

223:18:11

WALDO MESA NUNEZ: I used to work from 4 p.m. to 10 p.m.

233:18:15

MS. NORRIS: So the evening shift?

253:18:17

MS. NORRIS: And whenever a person came into the rental car — the Comfort rental car — and wanted to rent a vehicle, would they have to fill out like a rental agreement or a contract with the company?

273:18:28

MS. NORRIS: Would that contract include things like what kind of car they're renting?

293:18:35

MS. NORRIS: The length of the car rental?

313:18:37

MS. NORRIS: The person renting the car?

323:18:39
333:18:42

MS. NORRIS: May I approach, Your Honor?

343:18:43
353:18:52

MS. NORRIS: I'm going to start by showing you what I've marked for identification as State's 89A.

363:19:04

MS. NORRIS: Do you recognize this document?

373:19:07
383:19:07

MS. NORRIS: And how do you recognize it?

393:19:08

WALDO MESA NUNEZ: Because of the handwriting.

403:19:11

WALDO MESA NUNEZ: It's my handwriting.

413:19:13

MS. NORRIS: Do you recognize the handwriting?

433:19:14

MS. NORRIS: And what is the document?

443:19:16

WALDO MESA NUNEZ: It's a contract from the rental car.

453:19:20

MS. NORRIS: And were these the rental agreements and how they looked back in June of 2014?

473:19:26

MS. NORRIS: And is this an accurate copy of the rental agreement that you filled out in this particular case to Sigfredo Garcia?

483:19:32

WALDO MESA NUNEZ: Yes, it is.

493:19:33

MS. NORRIS: And I'm also showing you what I have marked as 89B.

503:19:38

MS. NORRIS: Is this the corresponding receipt that goes along with the rental agreement in 89A?

513:19:43

WALDO MESA NUNEZ: Yes, it is.

523:19:45

MS. NORRIS: And is your name also on State's Exhibit 89B?

533:19:48

WALDO MESA NUNEZ: Yes, it is.

543:19:50

JUDGE HANKINSON: Any objection? 89 — A and B will be admitted.

553:20:23

MS. NORRIS: Do you recognize this rental agreement as well?

563:20:34
573:20:36

MS. NORRIS: And how do you recognize it?

583:20:37

WALDO MESA NUNEZ: Same handwriting, writing, on the same format of the contract.

593:20:40

MS. NORRIS: And these are the type of documents, just like State's Exhibit 89, that Comfort would have?

613:20:48

MS. NORRIS: And they would keep those records in the normal course of business, to have records of the cars they're renting out to people?

633:20:54

MS. NORRIS: Okay. And is this an accurate copy of that Comfort rental agreement?

653:20:58

MS. NORRIS: At this time I'd offer in evidence State's Exhibit 90.

663:21:02

JUDGE HANKINSON: Any objection to that?

673:21:20

JUDGE HANKINSON: It'll be admitted.

683:21:21

MS. NORRIS: Could you second publish?

693:21:22

JUDGE HANKINSON: Yeah. You may.

703:21:24

MS. NORRIS: I'm going to start by showing you State's Exhibit 89.

713:21:42

MS. NORRIS: This name up here, Garcia — I guess the last name is Garcia, Sigfredo — is that the name of the person who's renting the vehicle?

733:21:54

MS. NORRIS: What about the information to the right here, the silver Nissan Altima — is that the description of the vehicle that's being rented?

753:22:05

MS. NORRIS: What is this number here, the CKV I85, that says?

763:22:09

WALDO MESA NUNEZ: That would be the tag number.

773:22:11

MS. NORRIS: For the vehicle rented?

783:22:13

WALDO MESA NUNEZ: For the vehicle.

793:22:14

MS. NORRIS: And the date here, June 2, 2014 — what date is that in here?

803:22:19

WALDO MESA NUNEZ: That would be for the date that the person rented the vehicle.

813:22:29

MS. NORRIS: Now This $500 amount, what is that?

823:22:32

WALDO MESA NUNEZ: That used to be a deposit that they would take whenever someone rented with cash.

843:22:47

WALDO MESA NUNEZ: Yes, it was.

853:23:20

MS. NORRIS: Due on June 5th. Why — Does this contract say that the vehicle's due at 8:50 p.m. on June 5th of 2014?

863:23:31

WALDO MESA NUNEZ: If it says it's at 8:50, it's because the person rented the vehicle at 8:50. It was based on a 24-hour period.

873:23:39

MS. NORRIS: And you mentioned earlier, this is your handwriting — you were the one filling out the rental agreement?

893:23:44

MS. NORRIS: What time would you indicate the vehicle had to be back? When you started writing the contract, at the end of the contract?

903:23:51

WALDO MESA NUNEZ: Whenever I put the time in the contract — like if I started writing the contract, or I finish at 8:50, then the vehicle is due at 8:50.

913:24:01

MS. NORRIS: So however many days they want to rent it, you would do it in those 24-hour increments, starting from the time you began drafting the rental agreement.

933:24:09

MS. NORRIS: Is that right? Next.

943:24:17

MS. NORRIS: I want to show you— So is — Is this your handwriting?

963:24:31

MS. NORRIS: And what type — what type of vehicle was being rented in this agreement?

973:24:37

WALDO MESA NUNEZ: It would be a Hyundai Sonata.

983:24:40

MS. NORRIS: What date was that vehicle rented?

993:24:48

WALDO MESA NUNEZ: On the 3rd of June 2014.

1003:24:51

MS. NORRIS: And who was the person renting this vehicle?

1013:24:55

WALDO MESA NUNEZ: Sigfredo Garcia.

1023:24:57

MS. NORRIS: Can you explain why it is we have two different cars being rented back to back?

1033:25:03

MS. NORRIS: One on June 2nd, 2014 and one on June 3rd, 2014 — based on your review of these two rental agreements?

1043:25:10

WALDO MESA NUNEZ: It could be because he was just changing the vehicle.

1053:25:14

MS. NORRIS: I can make some more foundation, Your Honor.

1063:25:19

MS. NORRIS: You've examined these two rental agreements?

1083:25:23

MS. NORRIS: Right. And was the same amount due for both rental agreements?

1103:25:28

MS. NORRIS: Was the deposit amount the same?

1123:25:32

MS. NORRIS: Was the date and time that the rental car was due back to Comfort Rent-a-Car identical for both of these contracts?

1143:25:42

MS. NORRIS: Does the information that you're able to gather from the contracts indicate that a car was originally rented and then was exchanged the following day for a different vehicle?

1153:25:55

WALDO MESA NUNEZ: Yes. Yes, yes.

1163:25:59

MS. NORRIS: Was it common in your experience for people to trade?

1173:26:07
1183:26:09

MS. NORRIS: When you're renting to someone — for example, Sigfredo Garcia here — would you take a photocopy of their driver's license?

1203:26:20

MS. NORRIS: And why would you do that?

1213:26:21

WALDO MESA NUNEZ: Because we always kept information of whoever was renting the vehicle.

1223:26:25

MS. NORRIS: You did that in this case?

1243:26:37

MS. NORRIS: When you take that identification card, do you make a comparison to the person to whom you're renting to make sure?

1253:26:44
1263:27:01

MS. NORRIS: At the time of these rental agreements, back in 2014, did Comfort Rent-a-Car have, like, GPS things on their cars?

1283:27:10

MS. NORRIS: And what was the purpose of that?

1293:27:12

WALDO MESA NUNEZ: It was in order to track the vehicles, to see where the vehicles were.

1303:27:18

MS. NORRIS: And whichever company y'all contracted with for GPS location information would provide that back to the rental company?

1323:27:36

MS. NORRIS: One moment, Judge.

1333:27:37
1343:27:54

MS. NORRIS: Thank you, Mr. Mesa-Nunez. I don't have any more questions.

1353:27:57
1363:28:12

MR. ZANGENEH: Mr. Nunez, or—

1373:28:13

WALDO MESA NUNEZ: Mesa is fine, or Nunez, or whatever. Yes.

1383:28:22

MR. ZANGENEH: I'm directing your attention to the government's Exhibit 89A.

1393:28:26

WALDO MESA NUNEZ: The government was just showing me this, right? In the college?

1403:28:30
1413:28:31

MR. ZANGENEH: There's a provision in there that says days. There's the number three, correct?

1433:28:36

MR. ZANGENEH: And then there's a rate, $49 a month, correct?

1453:28:40

MR. ZANGENEH: And that's for a decent amount of money, right?

1473:28:52

MR. ZANGENEH: The next contract does not have an amount of days, correct?

1493:28:57

MR. ZANGENEH: And there's no daily rate, correct?

1503:29:00

MR. ZANGENEH: Correct?

1513:29:01

WALDO MESA NUNEZ: Yes. Yes, there's no daily rate.

1523:29:04

MR. ZANGENEH: The license plate here is CSHD78. Is that correct?

1543:29:30

MR. ZANGENEH: So again, CSHD78, correct?

1563:29:34

MR. ZANGENEH: So I'm referring to the government's Exhibit 87.

1573:29:45

MR. ZANGENEH: Is that correct?

1583:29:45

MR. ZANGENEH: Mr. Mesa, you still see that, correct?

1603:29:50

MR. ZANGENEH: This is your rental agreement that you've testified to about today, correct?

1623:29:56

MR. ZANGENEH: Now, what's that license plate number?

1633:30:09

WALDO MESA NUNEZ: Oh, you want me to read it?

1643:30:10

MR. ZANGENEH: Yes, sir. Yes.

1653:30:11

WALDO MESA NUNEZ: C-S-H-D-7-E-A.

1663:30:13

MR. ZANGENEH: And you'll agree with me that that is the same?

1683:30:40

MR. ZANGENEH: Luis Manuel Rivera.

1693:31:04
1713:31:04
1723:31:04
1733:31:05

MR. ZANGENEH: And you testified?

1743:31:23
1763:31:25

MR. ZANGENEH: What's the year, sir?

1783:31:27

MR. ZANGENEH: 2014. Yes. Time?

1793:31:35

MR. ZANGENEH: 9 p.m.? Or 9 a.m.?

1803:31:37
1813:31:39

MR. ZANGENEH: Yes. It asked you, was it common for certain aspects in the car rental business — do you recall that? — that people were turning cars in or exchanging them under the same contract?

1833:32:13

MR. ZANGENEH: You'll agree with me that it's common for certain people to rent cars for other people?

1843:32:18

WALDO MESA NUNEZ: Rent cars for other people?

1853:32:19

MR. ZANGENEH: Right. So is it uncommon for a person to go and rent a car and somebody else use it?

1863:32:27

MS. KAWASS: We object to lack of foundation.

1873:32:31

JUDGE HANKINSON: I'm sorry, your legal objection?

1883:32:34

MS. KAWASS: Lack of foundation. Speculation.

1893:32:36

JUDGE HANKINSON: Overruled.

1903:32:37

MR. ZANGENEH: Mr. Mesa?

1913:32:38

WALDO MESA NUNEZ: Can you repeat the question again?

1923:32:39

MR. ZANGENEH: Sure. No problem. Yeah. Is it uncommon for someone to go and rent a car and then somebody else to drive it?

1933:32:44

WALDO MESA NUNEZ: I wouldn't know. I rented a car to the person that's renting the car. What they do with the car after that, it's up to them. But I'm not—

1943:32:52

JUDGE HANKINSON: He's answered the question.

1953:32:55

MR. ZANGENEH: Have you ever had occasion for someone to rent a car and then for somebody else to drive it that you found out about?

1963:33:01

WALDO MESA NUNEZ: I wouldn't know if someone else drove it, because when you take the car out, the person who's on the contract is the only person who can drive the car.

1973:33:09

MR. ZANGENEH: Well, let me give you an exact example.

1993:33:12
2013:33:22

MR. ZANGENEH: June 3rd, 2014. That's the contract that we're looking for.

2023:33:25

MR. ZANGENEH: Now, we have a citation here written by a Florida Highway Patrol officer, with the make and model year consistent with the car that you rented.

2033:33:41

MR. ZANGENEH: With the license plate exactly the same as the car you rented, with somebody else's name.

2043:33:46

MR. ZANGENEH: Have — Have you ever heard — is this an uncommon occurrence?

2053:33:54

WALDO MESA NUNEZ: I don't know.

2063:33:57

MR. ZANGENEH: No further questions.

2073:33:59

MR. ZANGENEH: Magbanua.

2083:34:00

MR. DECOSTE: No questions, Your Honor.

2093:34:04
2103:34:05

MS. NORRIS: No, Your Honor.

2113:34:07

JUDGE HANKINSON: Any juror have a question of this witness?

2123:34:14

JUDGE HANKINSON: All right, you can step down. Do we need to keep him any further?

2133:34:27

JUDGE HANKINSON: You can step down. You're excused. Thank you.

2143:35:33

JUDGE HANKINSON: Let me see the lawyers, sidebar.

2153:35:35

JUDGE HANKINSON: Let's take a quick break. Let's take it as quick as we can. We're going to do two witnesses.

2163:35:41

JUDGE HANKINSON: And then before we break for the evening — they've said they'll be relatively short. We may not be done right at 5 o'clock. But go ahead and let's take a break as quick as we can.

2173:35:56

JUDGE HANKINSON: Either side, anything?

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